Freedom of information

The Freedom of Information (Scotland) Act 2002 (the Act) requires Scottish public authorities to adopt and maintain a publication scheme which has the approval of the Scottish Information Commissioner, and publish information in accordance with that scheme. The publication scheme must:

• publish the classes of information that the authority makes routinely available
• tell the public how to access the information and whether information is available free of charge or on payment

Active Stirling has been designated as a Scottish Public Authority by an order made under section 5 of the Act, known as the Freedom of Information (Scotland) Act 2002 (Designation of Persons as Scottish Public Authorities) Order 2013.

Active Stirling has adopted the Model Publication Scheme 2014 which has been produced and approved by the Scottish Information Commissioner. It is approved until 31 May 2018.

You can see this scheme on our website at www.activestirling.org.uk It is also available on the Scottish Information Commissioner’s website at www.itspublicknowledge.info/MPS

You can also contact us at the address below if you prefer a copy of the Model Publication Scheme 2014, or this Guide to Information, to be provided in a different format.

The purpose of the Guide to Information is to:

• allow the public to see what information is available (and what is not available) for Active Stirling in relation to each class in the Model Publication Scheme 2014
• state what charges may be applied
• explain how to find the information easily
• provide contact details for enquiries and to get help with access to the information
• explain how to request information that has not been published.

Alongside the Act, the Environmental Information (Scotland) Regulations 2004 (the EIRs) provide a separate right of access to the environmental information that we hold. This guide to information also contains details of the environmental information that we routinely make available.

Active Stirling Ltd was established in 2006 and has been delivering sport and physical activity services throughout the Stirling area.

We believe in the power of sport and physical activity to make a positive impact across the whole community from improving basis health to supporting medal winning athletes and coaches.

We are a company limited by guarantee, Co. No. SC SC298585 incorporated under the Companies Act 1985, on 10 March 2006 at Companies House, Edinburgh.

As well as delivering sport and physical activity services, the company also manages the facilities at Stirling Sports Village which are:

The PEAK

Forthbank performance sport centre

Active Stirling Ltd is also registered as a charity by the Office of the Scottish Charity Regulator under the Charities and Trustees Investments (Scotland) Act 2005.

As a body on the register, Active Stirling Ltd may refer to itself as a ‘charity’, a ‘charitable body’, a ‘registered charity’ or a ‘charity registered in Scotland’. It has been set up under the law of Scotland and is managed wholly in Scotland. It may also refer to itself as ‘a Scottish charity’ or a ‘registered Scottish charity’ with the Charity No. SCO37632.

Availability and formats:

The information published through this Guide to Information is, wherever possible, available on our website. We offer alternative arrangements for people who do not want to, or cannot, access the information online or by inspection at our premises. For example, we can usually arrange to send information to you in paper copy (although there may be a charge for this – see “Section 5 – Our Charging Policy”).

Information in our Guide to Information will normally be available through the routes described below. “Section 10 – Classes of Information” provides more details on the information available under the Guide, along with additional guidance on how the information falling within each “class” may be accessed.

Online:

Most information listed in our Guide to Information is available to download from our website. In many cases a link within Section 10: Classes of Information will direct you to the relevant page or document. If you are having trouble finding any document listed in our guide, then for further assistance please contact:

By e-mail:

If the information you seek is listed in our Guide to Information but is not published on our website, we can send it to you by e-mail, wherever possible.

foi@activestirling.org.uk

When requesting information from us, please provide a telephone number so that we can telephone you to clarify details, if necessary.

By phone:

All information in the guide will be available in hard copy form e.g. paper copies.

Hard copies of information can be requested from us over the telephone.

Please call us to request information available under this scheme on 01786 273555.

By post:

You can also request hard copies of any information in the Guide by post.

Please address your request to

Freedom of Information Officer

The PEAK

Stirling Sports Village

Forthside Way

FK8 1QZ

When writing to us to request information, please include your name and address, full details of the information or documents you would like to receive, and any fee applicable (see Section 5: Our Charging Policy for further information on fees). Please also include a telephone number so we can telephone you to clarify any details, if necessary.

Personal visits:

If you prefer to visit us to inspect the information, in limited cases you may be required to make an appointment to view the information. In such cases, this will be set out within Section 10 – Classes of Information, and contact details will be provided within the relevant class.

Advice and assistance:

If you have any difficulty identifying the information you want to access, then please contact us to help you.

Exempt information:

We will publish all the information we hold that falls within the classes of information in Section 10. If a document contains information that is exempt under Scotland’s freedom of information laws (for example sensitive personal information or a trade secret), we will remove or redact (black out) the information before publication and explain why.

All information covered by our Guide to Information can either be accessed through our website, or will be provided promptly following our receipt of your request.

Our aim in adopting the Commissioner’s Model Publication Scheme 2014 and in maintaining this Guide to Information is to be as open as possible. You should note, however, that there may be limited circumstances where information will be withheld from one of the classes of information listed in “Section 10 – Classes of Information”. Information will only be withheld, however, where the Act (or, in the case of environmental information, the EIRs) expressly permits it.

Information may be withheld, for example, where its disclosure would breach the law of confidentiality, harm an organisation’s commercial interests, or endanger the protection of the environment.

Information may also be withheld if it is another person’s personal information, and its release would breach the data protection legislation.

Whenever information is withheld we will inform you of this, and will set out why that information cannot be released. Even where information is withheld it will, in many cases, be possible to provide copies with the withheld information edited out. If you wish to complain about any information which has been withheld from you, please refer to “Section 8 – Contact details for enquiries, feedback and complaints”.

Unless otherwise stated in “Section 10 – Classes of Information”, all information contained within our scheme is available from us free of charge where it can be downloaded from our website or where it can be sent to you electronically by e-mail.
We reserve the right to impose charges for providing information in paper copy or on computer disc. Charges will reflect the actual costs to Active Stirling of supplying the information to you, e.g. photocopying and postage, as set out below.

In the event that a charge is to be levied, you will be advised of the charge and how it has been calculated.

Information will not be provided to you until payment has been received.

There is no charge to view information on our website or at our premises.

Reproduction Charges

We may charge for providing information to you e.g. photocopying and postage, but we will charge you no more than it actually costs us to do so. We will always tell you what the cost is before providing the information to you.

Black & white & colour photocopying

Alternative formats

Postage costs

Postage costs may be recharged at the rate we paid to send the information to you. Our charge is for sending information by Royal Mail First Class.

When providing copies of pre-printed publications, we will charge no more than the cost per copy of the total print run.

We do not pass on any other costs to you in relation to our published information.

Active Stirling Ltd. has adopted the Open Government Licence for public sector information http://www.nationalarchives.gov.uk/doc/open-government-licence

This sets out what you can and cannot do with our published information where we are the copyright holder. Where Active Stirling Ltd does not hold the copyright in information we publish, we will make this clear in this Guide.

Where Active Stirling Ltd holds the copyright in its published information, the information may be copied or reproduced without formal permission, provided that:

• it is copied or reproduced accurately
• it is not used in a misleading context, and
• the source of the material is identified.

Where Active Stirling Ltd does not hold copyright in information we publish, we will make this clear.

Active Stirling regards its records as a major asset of the Company. It confirms that its records are one of the essential resources which support management in the efficient and effective fulfilment of its governance, business and legal responsibilities. Active Stirling Records Management Policy can be found in Section 10 Classes of Information - Class 5.

The Act requires that we review our publication scheme from time to time. As we have adopted the Model Publication Scheme 2014, this means we will review our Guide to Information from time to time.

As a result, we welcome feedback on how we can develop our guide further. If you would like to comment on any aspect of this Guide to Information, then please contact us.

You may, for example wish to tell us about:

• other information that you would like to see included in the guide;
• whether you found the guide easy to use;
• whether you found the guide to information useful;
• whether our staff were helpful;
• other ways in which our guide to information can be improved.

Our aim is to make our guide to information as user-friendly as possible, and we hope that you can access all the information we publish with ease. If you do wish to complain about any aspect of the Guide then please contact us and we will try and resolve your complaint as quickly as possible.

Any complaint will be acknowledged within five working days of receipt and we will respond in full within twenty working days.

You have legal rights to access information under the Model Publication Scheme 2014 (as described in this Guide to Information) and a right of appeal to the Scottish Information Commissioner if you are dissatisfied with our response.

These rights apply only to information requests made in writing[1] or another recordable format. If you are unhappy with our responses to your request you can ask us to review it and if you are still unhappy, you can make an appeal to the Scottish Information Commissioner.

The Commissioner’s website has a guide to this three step process, and she operates an enquiry service on Monday to Friday from 9.00am to 5.00pm.

The Commissioner’s office can be contacted as follows:
Scottish Information Commissioner
Kinburn Castle
Doubledykes Road
St Andrews
Fife
KY16 9DS
Tel: 01334 464610
e-mail: enquiries@itspublicknowledge.info
Website: www.itspublicknowledge.info/YourRights

All enquiries, feedback and complaints relating to this Guide to Information, or any other aspect of Freedom of Information, Data Protection and the EIRs should be directed to:

Active Stirling
The PEAK, Stirling Sports Village, Forthside Way, Stirling
FK8 1QZ
01786 273555
foi@activestirling.org.uk
www.activestirling.org.uk

If the information you are seeking is not available via the Model Publication Scheme 2014 (as described in this Guide) then you may wish to request it from us.

The Act provides you with a right of access to the information we hold, subject to certain exemptions. The EIRs separately provide a right of access to the environmental information we hold, while the Data Protection Act 1998 (DPA) provides a right of access to any personal information about you that we hold.

Again, these rights are subject to certain exceptions or exemptions. Should you wish to request a copy of any information that we hold that is not available under the Model Publication Scheme 2014 (and described in this Guide), please write to:

Active Stirling
The PEAK, Stirling Sports Village, Forthside Way, Stirling
FK8 1QZ
01786 273555
foi@activestirling.org.uk
www.activestirling.org.uk

Charges for information which is not available under the scheme:
The charges for information which is available under Active Stirling Guide to Information are set out under “Section 5 – Our Charging Policy”.

If you submit a request to us for information which is not available in this Guide the charges will be based on the following calculations:

General information requests:

• There will be no charge for information requests which cost us £100 or less to process.
• Where information costs between £100 and £600 to provide you may be asked to pay 10% of the cost. That is, if you were to ask for information that cost us £600 to provide, you would be asked to pay £50 calculated on the basis of a waiver for the first £100 and 10% of the remaining £500.
• We are not obliged to respond to requests which will cost us over £600 to process.
• In calculating any fee, staff time will be calculated at actual cost per staff member hourly salary rate to a maximum of £15 per person per hour.
• We do not charge for the time to determine whether we hold the information requested, nor for the time it takes to decide whether the information can be released. Charges may be made for locating, retrieving and providing information to you.
• In the event that we decide to impose a charge we will issue you with notification of the charge (a fees notice) and how it has been calculated. You will have three months from the date of issue of the fees notice in which to decide whether to pay the charge. The information will be provided to you on payment of the charge. If you decide not to proceed with the request there will be no charge to you.

Charges for environmental information:

Environmental information is provided under the EIRs rather than the Act. The rules for charging for environmental information are slightly different.

We do not charge for the time to determine whether we hold the environmental information requested, or deciding whether the information can be released. Charges may be made for locating, retrieving and providing information to you e.g. photocopying and postage. In the event that we decide to impose a charge we will issue you with notification of the charge and how it has been calculated. The information will be provided to you on payment of the charge. If you decide not to proceed with the request there will be no charge to you.

Charges are calculated on the basis of the actual cost to Active Stirling of providing the information.
Photocopying is charged at 10p per A4 sheet for black and white copying, 20p per A4 sheet for colour copying.

• Postage is charged at actual rate for Royal Mail first class.
• Staff time is calculated at actual cost per staff member hourly salary rate to a maximum of £15 per person per hour.The first £100 worth of information will be provided to you without charge.

The first £100 worth of information will be provided to you without charge.

Where information costs between £100 and £600 to provide, you will be asked to pay 10% of the cost. That is, if you were to ask for information that cost us £600 to provide, you would be asked to pay £50, calculated on the basis of a waiver for the first £100 and 10% of the remaining £500.

Where it would cost more than £600 to provide the information to you, however, we will ask you to pay the full cost of providing the information, with no waiver for any portion of the cost.

Charge for request for your own personal data

The charge is a standard fee of £10.00 plus any reproduction and postage costs (both on the same basis as for FOI requests).

The classes of information that we publish

We publish all the information that we hold within the following classes. Once information is published under a class we will continue to make it available for the current and previous two financial years.

Where information has been updated or superseded, only the current version will be available. If you would like to see previous versions, you may make a request to us for that information.

The classes are:
Class 1: About Active Stirling
Class 2: How we deliver our functions and services
Class 3: How we take decisions and what we have decided
Class 4: What we spend and how we spend it
Class 5: How we manage our human, physical and information resources
Class 6: How we procure goods and services from external providers
Class 7: How we are performing
Class 8: Our commercial publications.

activestirling.org.uk/careers

[1] Verbal requests for environmental information carry similar rights

Customer privacy notice

Definitions

Active Stirling Limited (registered company number SC298585; registered charity number SCO37632) is committed to protecting and respecting any personal information you share with us for purposes of our activities and associated brands.

A new data protection law will come into effect on 25 May 2018. This new law, the General Data Protection Regulation (EU) 2016/679 (“GDPR”) sets out the principles and rules about how companies can process personal data and your rights in relation to your data.

This privacy notice is a public statement that describes:

• how we apply data protection principles to processing data;
• what types of information we collect from you;
• how it is used by us;
• how we may share it with others;
• how long we hold the information;
• how you can manage the information we hold, and
• how you can contact us.

This version of our privacy statement is live from 25 May 2018.

The contents of this statement may change from time to time so you may wish to check this page occasionally to ensure you are still happy to share your information with us. Where possible, we will also contact you directly to notify you of these changes.

How we apply data protection principles to processing data

We will comply with data protection law. This says that the personal information we hold about you must be:

• used lawfully, fairly and in a transparent way;
• collected only for valid purposes that we have clearly explained to you and not used in any way that is incompatible with those purposes;
• relevant to the purposes we have told you about and limited only to those purposes;
• accurate and kept up to date;
• kept only as long as necessary for the purposes we have told you about;
• kept securely.

What types of information do we collect from you?

We collect information about you when you

• visit Active Stirling’s online booking system or other sites accessible from the online booking system, websites, applications and our customer services or Bookings platforms.
• Register with and buy services from us;
• Take part in promotions, competitions, customer surveys and questionnaires;
• Contact us for example in writing, by email, letter or telephone.

Some of this information will not identify you personally, but provides us with information about how customers use our services and engage with us. We only collect information which is necessary, relevant and adequate for the purpose for which you are providing it. We use this information to improve our services and make them more useful to you.
Information we collect includes some (or all) of the following:

1. Name (including title);
2. Address;
3. Phone number;
4. Date of birth;
5. Email address;
6. The date and time you used our services;
7. The pages you visited on our website and how long you visited us for;
8. Your IP address;
9. Your GPS location (where you have permitted access to this);
10. Cookie, Pixels or Beacon information;
11. The website address from which you accessed our website;
12. Where you engage with us in a business context, we may collect your job title, company contact details (including email addresses).
13. Photographs; and
14. Any information within correspondence you send to us.

How do we use this information?

Active Stirling will only process information that is necessary for the purpose for which it has been collected. We will only use your personal information when the law allows us to. Most commonly, we will use your personal information in the following circumstances:

1. Where we need to perform the contract we have entered into with you;
2. Where we need to comply with a legal obligation;
3. Where it is necessary for our legitimate interests (or those of a third party) and your
   interests and fundamental rights do not override those interests.

We may also use your personal information in the following situations, which are likely to be rare:

1. Where we need to protect your interests (or someone else's interests).
2. Where it is needed in the public interest or for official purposes.

These circumstances are further expanded in the list below:

Consent

Where you have provided your consent, we may use and process your information to contact you from time to time about promotions, events, products, services or information which we think may be of interest to you. Please don’t worry, it is not our intention to bombard you as we recognise how irritating this can be.

We will always give you the option not to receive marketing communications from us. We will never send you unsolicited ‘junk’ email or communications or share your data with anyone else who might. We do not sell your information to third parties, but we do work closely with selected partners who help us to provide you with the information, products and services that you request from us.

We will seek your explicit consent if we wish to use any photographs or videos of you by asking you to sign an image release form. This might include (but is not limited to), the right to use your photographs in their printed and online form for publicity, social media, press releases and funding applications and to share them with key partners.

You can withdraw your consent at any time by contacting us on the details provided within the 'How can I manage the information we hold about you' section below or, in relation to any marketing messages you receive, by using the unsubscribe option included in those messages.

Contractual performance

We may use and process your personal information where this is necessary to perform a contract with you and to fulfil and complete your orders, purchases and other transactions entered into with us.

Legitimate interests

We may use and process your personal information as set out below where it is necessary for us to carry out activities for which it is in our legitimate interests as a business to do so.

Processing necessary for us to support customers with sales and other enquiries

1. To respond to correspondence you send to us and fulfil the requests you make to us, (for example: service requests, brochure requests or information about specific sports activities);
2. To provide information on our services (for example Gym opening times, membership prices).

Processing necessary for us to respond to understanding customers’ needs

1. To analyse, evaluate and improve our products and services so that your visit and use of our website, applications, customer service and bookings functions are more useful and enjoyable (we will generally use data amalgamated from many people so that it cannot identify you personally);
2. To undertake market analysis and research (including contacting you with customer surveys) so that we can better understand you as a customer and provide tailored offers, products and services that we think you will be interested in. We will only send marketing communications to you if you have provided your consent for us to do so or which we have obtained in the ways mentioned in the paragraphs above. We have already emailed you separately regarding opting in/ out to marketing communications;
3. For product development purposes (e.g. to improve equipment quality, performance and sports classes);
4. In some cases, we may use automated methods to analyse, combine and evaluate information that you have provided to us. We collect and analyse this information in this way so that we can deliver the most appropriate customer experience to you by tailoring and making relevant all our service and communications;

Processing necessary for us to promote our business, brands and products and measure the reach and effectiveness of our campaigns

1. To send you marketing information from time to time after you have purchased a product or service from us or made a purchasing enquiry or requested a brochure or other information of interest. We will only contact you with information about our own products and services (and in ways the law allows), which we hope you will like. You have the right to object to us sending you this information at any time;
2. To contact you from time to time with marketing information (unless you object) if you have expressly indicated to us that you are acting on behalf of a business or where we have obtained your business contact details from our authorised network or an online or public business directory. In relation to any such information we send by email or SMS, we will include an option allowing you to object to receiving future messages by unsubscribing;
3. To contact you with targeted advertising delivered online through social media and other platforms operated by other companies, unless you object. You may receive advertising based on information about you that we have provided to the platform or because, at our request, the platform has identified you as having similar attributes to the individuals whose details it has received from us. To find out more, please refer to the information provided in the help pages of the platforms on which you receive advertising from us;
4. To identify and record when you have received, opened or engaged with our website or electronic communications (please see our Cookie Policy for more information);
5. To administer competitions and promotions that you enter with us from time to time and to distribute prizes.

Processing necessary for us to operate the administrative and technical aspects of our business efficiently and effectively

1. To verify the accuracy of information that we hold about you and create a better understanding of you as a customer;
2. For network and information security purposes i.e. in order for us to take steps to protect your information against loss, damage, theft or unauthorised access;
3. To comply with a request from you regarding the exercise of your rights (for example where you have asked us not to contact you for marketing purposes), we will keep a record of this in order to be able to comply with your request;
4. To inform you of updates to our terms and conditions and policies.

Legal obligation

We may process your personal information to comply with our legal requirements (for example if we are making a payment into your bank account).

Vital interest

Sometimes we will need to process your personal information to contact you (for example if there is an urgent safety notice and we need to tell you about it.)

How do we share this information with others?

We do not sell your information to third parties, but we do work closely with our third party suppliers who fulfil business activities for us (like marketing, events and market research etc). We will share your personal information with third parties where required by law, where it is necessary to administer the working relationship with you or where we have another legitimate interest in doing so.

An example of how we share customer data would be:

Life Fitness who provide a digital platform for members within the gym. The platform allows users to opt out of sharing their personal data with Life Fitness. We have entered into contractual arrangements with Life Fitness on how they will use our customer data and we have agreed to comply with required data security standards, policies and procedures. Life Fitness may share your personal information with other third parties including their subscribers, business partners and service providers. For further information please contact us on the details below.

How long do we keep your information for?

We will not hold your personal information in an identifiable format for any longer than is necessary. If you are a customer or otherwise have a relationship with us, we will hold personal information about you for a longer period than if we have obtained your details in connection with a prospective relationship.

How can you manage the information we hold about you?

You have the right as an individual to access your personal information we hold about you and make corrections if necessary. You also have the right to withdraw any consent you have previously given us and ask us to erase information we hold about you. You can also object to us using your personal information (for example where we rely on our business interests to process and use your personal information).

You have several rights in relation to your personal information under data protection law. In relation to most rights, we will ask you for information to confirm your identity and, where applicable, to help us search for your personal information. Except in rare cases, we will respond to you within 30 days after we have received any request (including any identification documents requested).

You have the right to:

1. Ask for a copy of the information that we hold about you;
2. Correct and update your information;
3. Withdraw your consent (where we rely on it);
4. Object to our use of your information (where we rely on our legitimate interests to use your personal information) provided we do not have any continuing lawful reason to continue to use and process the information. When we do rely on our legitimate interests to use your personal information for direct marketing, we will always comply with your right to object;
5. Erase your information (or restrict the use of it), provided we do not have any continuing lawful reason to continue to use and process that information;
6. Transfer your information in a structured data file (in a commonly used and machine readable format), where we rely on your consent to use and process your personal information or need to process it in connection with your contract.

You can exercise the above rights and/or manage your information by contacting us using the details below:

The Data Protection Team
Active Stirling Limited
The PEAK, Stirling Sports Village, Forthside Way,
Stirling
FK8 1QZ
Email: dataprotection@activestirling.org.uk
Phone: 01786 273555

If you have any specific data protection concerns or a complaint, you can address it to our Data Protection Team at dataprotection@activestirling.org.uk

If you are unhappy, you have the right to lodge a complaint with a data protection regulator in Europe and, in the country where you work or live or where your legal rights have been infringed.

The contact details for the Information Commissioner’s Office, the data protection regulator in Scotland, are below:

Post:

The Information Commissioner's Office - Scotland
45 Melville Street
Edinburgh
EH3 7HL
Email: Scotland@ico.org.uk
Phone: 0303 123 1115

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