Constitution of the Club


1.  NAME AND INSIGNIA

The name of the Club is “Fowey Gallants Sailing Club”.  The insignia adopted by the Club is a blue galleon in full sail heading to the left, on a yellow background, together with either the initials F, G, S, and C, or the words Fowey Gallants Sailing Club.

2.   OBJECTS

The objects of the Club are to facilitate and encourage yacht and dinghy sailing, racing, and cruising, and to provide amenities and social facilities for all members.

3.  MEMBERSHIP

  1. The Club consists of :-
  1.       Ordinary members, from 18 years of age
  1. Junior members, from 12 years of age and under 18 (or 21 if in full time education)
  2. Tadpole members, for those persons under 12 years old and solely for Junior evenings organised by the Committee.  Membership to be half of the Junior fee.
  3. Family members: see special note
  4. Temporary members: see special note
  5. Associate members.

(vii)        Honorary members

(viii)       Members of Reciprocating Bodies.

B.  (i)       Any application for Ordinary or Junior membership must be proposed and seconded by two Ordinary members of at least 12 months’ standing completing the official application form of the Club.

  1. Application for Family membership by a parent or parents (as may be) and dependent children in full time education will be made jointly on one application form, as stated in (i).  Such adult Family members are in all respects Ordinary members of the Club, with the right to attend and vote at General Meetings of the Club.  Any such children under the age of 12 years may only use the Club  premises accompanied by an adult member who will be responsible for them in all respects 
  2. The completed form under (i) and  (ii) must be prominently displayed on the Club board for at least fourteen days before being considered at a meeting of the Committee of Management, in whom is vested the power to approve, delay or refuse any application, the decision being taken by majority vote. Candidates for membership shall have no privileges whatsoever in relation to the use of the club or premises.
  3. Application for Temporary membership may be proposed by any Ordinary member in respect of any person who lives outside a radius of fifteen miles from the Club premises, without the need of a seconder.  The official application form must be completed and marked clearly “TEMPORARY”; this form will be displayed on the Club notice board for at least two open days of the Club premises before the requested date of membership. Such applications will be considered by a quorum of two members of the Committee of Management, one at least of whom must be an Officer, and if approved, so endorsed.

A similar quorum of the Committee may terminate any Temporary membership at any time, and without giving  reason.

                  No person may be a Temporary    member for more than six weeks in any calendar year. 

  1. Persons attending courses at the

Fowey Gallants Sailing School will, at

the discretion of the Senior Instructor and on payment of an appropriate fee  be made Temporary members for the duration of their course. Such Temporary members who on completion of their course apply for, and are elected to full membership under 3 A (i), (ii), (iii) or (iv) will receive a refund of their Temporary membership fee.

  1. Application for Associate membership may be made by any Ordinary member who takes up residence abroad;  on approval by the Committee of such written application,  membership will continue whilst abroad by an annual subscription being paid at one half of the current rate.
  2. Honorary membership may be bestowed only by the Committee of Management,  but the total number of such members will not exceed fifteen. Honorary membership shall be reviewed annually.
  3. The Committee may agree with any other clubs,  associations, or organisations that membership will be on a reciprocal basis; the Committee must be satisfied that any such reciprocal body includes in its rules similar provision and officially extends the same facility to members of this Club.

The names of such reciprocal bodies will be entered by the Club Secretary on the frontispiece of a “Reciprocal Members’ Book”,  to be signed on each visit by the Reciprocal Member,  who then ranks as an Ordinary Member,  but has no right to attend or vote at any General Meeting, or to hold office.

C. Every member will be furnished with a copy of the Constitution and Rules,  and each member will be deemed to have accepted and agreed to be bound by the Rules and Bye-Laws of the Club,  and any subsequent additions or alterations thereto.

Membership of the club and acceptance of  these rules by the member will be deemed to constitute consent to the holding of relevant personal data for the purposes of the Data Protection Act 1984.

D.  (i)        The amount of Entrance Fees and Subscriptions  for any calendar year will be determined by the Committee of Management and announced to members before the 1st September of the previous year, to become effective on the 1st January.  Such announcement may be challenged by a General Meeting of members properly requisitioned;  if this General Meeting decides to alter the announced amounts,  such alteration may only become effective from the 1st January,

                   following the date of the General Meeting

  1. An official list of such fees and subscriptions for the current year will be prominently displayed in the Club premises.
  2. Entrance Fees and  Subscriptions are payable on election;  thereafter, annual subscriptions become due and payable on the 1st January each year. Provided  that a member elected after the first day of April in any year shall pay three –quarters of  the Annual Subscription applicable for that year and that a member elected after the first day of July in any year shall pay one half of the Annual Subscription applicable for that year and that a member elected after the first day of October in any year shall pay one quarter of the Annual Subscription applicable for that year.   
  3. A list of unpaid subscriptions will be posted on the 1st February each year in the Club premises, and remain there updated until the Annual General Meeting.  If payment has not been made by the start of the Annual General Meeting, the member concerned will not be entitled to attend and vote at that Meeting, and at the discretion of the Committee such member  may be removed from membership. The Committee may, at its discretion, re-instate such member upon payment of arrears.
  1.           An individual membership may be

                 Suspended or terminated by a two-thirds majority vote taken at a Committee meeting,  where a member is considered to have acted in a manner prejudicial to the interests or the good name of the Club, or failed to comply with the Rules and Bye-Laws of the Club.  Such a decision will be conveyed to the offending member by letter signed by an Officer of the Club;  that member then has the right to present his denial or explanation in writing within 14 days.  In so doing he

                 may request the right to attend personally the next meeting of the Committee at which the final decision will be taken.

  1.         LIMITATION OF CLUB LIABILITY

Members, their guests and visitors are bound by the following Rule which shall also be exhibited in a prominent place within the club premises:-

Members of the club, their guests or visitors may use the club premises, and any other facilities of the club, entirely at their own risk and  accept:-

  1. That the club will not accept any liability for any damage to or loss of property belonging to members, their guests or visitors to the club.
  2. That the  club will not accept any liability for personal injury arising out of the use of the club premises, and any other facilities of the club either sustained by members, their guests or visitors or caused by the said members, guests or visitors whether or not such damage or injury could have been attributed to or was occasioned by the neglect, default or negligence on any of them, the Officers, Committee or servants of the club.

              

OPERATION OF THE CLUB

  1. GENERAL MEETINGS OF MEMBERS
  1. Ordinary members and Family

Members over 18 years of age are entitled to attend any General Meeting of the members, and to participate in any voting thereat.

  1. A General Meeting may be called at any time by order of the Committee, or on written request sent to the Secretary by two Flag Officers, or not less than five members entitled to attend such a meeting.  Such written request must state the purpose of the requested meeting.

C. The Secretary will, at least 14 clear days before the date of any General Meeting, post or deliver to each member entitled to attend advice thereof and of the business to be conducted thereat.  A copy of such advice or notice will be exhibited in the Club premises for 14 days prior to such meeting.

   

D. At any General Meeting, a quorum is formed by the presence of twenty- five members entitled to attend,  or one fifth of the total number entitled to attend, whichever is the lower.

E. At any General Meeting,  the Senior Flag Officer present will take the Chair; should no Flag Officer be present, the meeting will elect a Chairman.  In any equality of voting, the Chairman will be entitled to a second or casting vote.

F. At any General Meeting, the members may reserve the management of such affairs as they think fit to a General Meeting,  or to one or more special committees appointed by a General Meeting.

G. No business may be transacted at a General Meeting unless all members entitled to attend had such fourteen days notice of the business to come under discussion.

  1. ANNUAL GENERAL MEETING
  1. The Annual General Meeting will be held in the Club premises as soon as possible after the 1st January each year as may be convenient, and not more than 15 months after the previous Annual General Meeting.
  1. The Meeting will appoint, by elections:
  1.       Flag Officers, annually
  1. Honorary Officers, annually
  2. Members of the Committee of Management, where vacancies arise by rotation, or casually.

(All of whom must be members of at least twelve months’  standing.)

  1. Auditors
  1. A list calling for nominations to such offices and vacancies will be posted in the Club premises not less than 14 days before the meeting.  Such nominations must be properly proposed and seconded by members entitled to vote, and the nominee must signify his acceptance of the nomination.  The list will be closed 4 days before the meeting and the completed list will remain on display until the meeting.  Where the number of nominations for any appointments exceeds the number of vacancies to be filled, election will be by ballot.
  1. In the event of casual vacancies Occurring during the year in any of the appointments listed under B,  the Committee of Management will make temporary appointments, to stand until the next Annual General Meeting only.
  1. The Meeting may bestow on any Member Honorary Admiral rank for life,  in appreciation of services rendered to the Club,  with a maximum of three such members at any time.  Such rank is non-executive,  and does not carry appointment to the Committee of Management.
  1. (1)  OFFICERS OF THE CLUB

The Officers of the Club are as follows:

A.   Flag Officers, to be elected annually

  1. Commodore
  2. Vice-Commodore
  3. Rear Commodore

B.    Honorary Officers, to be elected annually

  1. Secretary
  2. Treasurer
  3. Sailing Secretary
  4. Membership Secretary

All Officers on election are members of the Committee of Management of the Club.

  6.    (2)    TRUSTEES OF THE CLUB

  1. The Committee of Management shall appoint three Trustees who shall hold in trust for the Club the Club premises, the money standing to the credit of the Club’s banking account, and any other property of the Club.

B The Trustees are empowered to sign all legal documents, mandates, cheques, promissory notes on behalf of the Club,  on specific authority to be given by the Committee.

C The liability of the Trustees for the performance of any contractual or other obligation undertaken by them on behalf of the Club shall be limited to the assets of the Club. The Trustees shall not be bound to act in any manner which would expose all or any of the Trustees to personal liability.

D In the event of the number of Trustees being brought below three,  the Committee shall appoint such additional Trustees necessary to restore the number to three.

E Any or all of the Trustees in office may be removed from such office by the Committee, by a majority vote at a Committee meeting of which all Trustees have been given notice.

  1. THE COMMITTEE OF MANAGEMENT
  1. The general management of the Club is vested in the Committee of Management, hereinafter referred to as the Committee.
  1. The Committee is composed of the following:
  1. Flag Officers
  2. Honorary Officers
  3. A maximum of ten Ordinary members.
  4. Ex officio, the Trustees of the Club
  1. Half of those elected under B(iii) shall retire in rotation at each Annual General Meeting, but are eligible for re-election at the same meeting.
  1. The Committee is required to meet once in each calendar month: additional meetings may be requisitioned by a Flag Officer, the Secretary, or any three members of the  Committee.
  1. At any Committee Meeting, five members present form a quorum.  The Senior Flag Officer present is Chairman;  if no Flag Officer is present, those present elect a Chairman.  The Chairman is entitled to a second or casting vote, in the event of equality of voting.
  1. The Committee has the power to make, rescind or vary bye-laws for the regulation of the Club, providing that no bye-law may be inconsistent with these Rules. .

G. The Committee has the power to appoint from time to time any sub-committees, providing that at least one member of such sub-committees is a member of the Committee.

H . The Committee is required to lay before Club members each year in Annual General Meeting a report of the general state of the Club, together with a financial statement Consisting of an Income and Expenditure Account for the year ended on the previous 31st December, and a Balance Sheet as at that date, audited by the Auditors of the Club.

USE OF CLUB PREMISES AND FACILITIES

  1. Those entitled to use the Club and facilities are as follows:

A.   All members

  1. Guests of members

Members, other than Temporary Members, may bring with them to the Club guests who are in no way ineligible for membership.  The names and addresses of all guests must be entered in the “Guest Book”, together with the name of the host member.  Members bringing guests to the Club must remain in their company while the guests are on Club premises, but such guests are permitted to use the Club facilities.  No member may introduce more than four guests on any one occasion and the same guest may not be introduced on more than three occasions in any one calendar month, and only one of these occasions may be a Saturday.

  1. Visiting Yachtsmen and Crews

A member of any Club which is recognised by the Royal Yachting Association or any other national yachting authority which is a member of the International Yacht Racing  Union mooring temporarily within the precincts of the Fowey River, or any member of the crew, is permitted to use the Club premises and facilities, providing that details of the vessel are entered in the “Visiting Yachtsmen’s Book”.

  1. Race Competitors and Duty Personnel

Those competing or assisting in any race Sponsored or organised by this Club are Permitted to use the Club premises and facilities, providing that competitors sign the “Visiting Yachtsmen’s Book” and race assistants sign the “Guest Book”, as Club guests.

  1. Guests on Organised Games and Social Occasions

Where the Committee of Management has given prior approval to the holding of a games or social occasion, and for this purpose the Committee permits an invitation to any  body or club to participate in such occasion, then the     members of such body or club become guests of the Committee, required to sign the Club “Guest Book”, such signatures to be countersigned en bloc by a member of the Committee of Management.

  1. LICENSED BAR RULES

The purchase for the Club of excisable goods and the supply of the same upon Club premises shall be exclusively and solely under  the control of the Committee, or of a special sub-committee appointed by the Committee.

The permitted hours for the supply of intoxicating liquors on the premises shall be within the limits of and in accordance with the provisions of the Licensing Acts from time to time in force (or any order made by the Licensing Justices for the District thereunder) and shall be as determined or varied from time to time within these limits by the Committee.  A notice of such hours shall be prominently displayed in the Club premises.

No person shall purchase intoxicating liquor for consumption on the Club premises by any person under the age of 18 years, nor shall any person under the age of 18 years purchase, attempt to purchase, or consume intoxicating liquor on the Club premises. The penalty for infringement of this rule shall be expulsion from the Club premises and where the offender is a member of the Club, suspension or termination of the offender’s membership, in the discretion of the Committee of Management.

No person shall take a commission, percentage or such payment in connection with the purchase of excisable goods for the club. Any profit deriving from the sale of such goods shall (after deduction of the costs of providing such goods)  be applied to the benefit of the Club.

  1. REGULATIONS

The regulations governing the use of the Club premises are laid down in the Bye-Laws by the Committee and permanently displayed on the Club notice board.

YACHTING, BOATING AND RACING

  1. All Club sailing activities are managed and conducted by the Sailing Sub – Committee, one member of which shall be a Flag Officer of the Club.
  2. All sailing races are sailed under the Racing Rules of Sailing (RRS) subject to RYA prescriptions except where modified  by this Club in the form of:
  1. (a)Bye-Laws, permanently displayed on the

Club notice board.

(b)  Sailing instructions, detailed in the 

POFROC Annual Notice of Race and Sailing Instructions.

(c )  Regatta instructions, published in the

POFROC annual Fowey Royal Regatta Notice of Race and Sailing Instructions.

  1. All Club shore-based facilities, such as Yards, Stores, Moorings, Frapes are controlled by the Boats and Yards Sub-Committee. Attention is drawn to the Bye-Laws displayed on the Club notice board.

GENERAL

14    CLUB FUNDS

No money or property of the Club, nor any gain arising from the carrying on of the Club will be applied otherwise than to the benefit of the Club or for a benevolent or charitable purpose. If the Club ceases to function, the assets will be sold and any surplus funds after payment of all liabilities will be given to a charitable organisation with purpose similar to the Club.  If after such sale there remains a deficiency, such a deficiency must be made good by such Ordinary member paid up as 31st December prior to the date of the Club ceasing to function.

15    RULES OF THE CLUB

The rules of the Club may be rescinded, altered or new rules added only by the authority of the members in General Meeting, on a majority vote, or ballot if requested, of those members entitled to be present and to vote.

A member wishing to propose any deletion, alteration or a new rule must first obtain the signed support of four other members and submit the written request to the Secretary at least 28 days before the proposed General

Meeting, to enable 14 days clear notice to be given to all members.

The Committee is the sole authority for the interpretation of the Rules and Bye-Laws, and the decision of the Committee on any question of interpretation is final and binding on all members.

          

In these Rules, where the sense requires the masculine shall include the feminine and the singular shall include the plural.

 

Data Privacy Policy


1.About this Policy

1.1This policy explains when and why we collect personal information about our members and instructors, how we use it and how we keep it secure and your rights in relation to it.

1.2 We may collect, use and store your personal data, as described in this Data Privacy Policy and as described when we collect data from you.

1.3 We reserve the right to amend this Data Privacy Policy from time to time without prior notice. You are advised to check our website www.foweygallantssc.co.uk or our Club noticeboard regularly for any amendments (which will not be made retrospectively).

1.4 We will always comply with the General Data Protection Regulation (GDPR) when dealing with your personal data. Further details on the GDPR can be found at the website for the Information Commissioner (www.ico.gov.uk). For the purposes of the GDPR, we will be the “controller” of all personal data we hold about you.

2.Who are we?

We are Fowey Gallants Sailing Club.

Fowey Gallants Sailing Club
Amity Court
Fowey
Cornwall
PL23 1DA

01726 832335

www.foweygallantssc.co.uk

 

3.What information we collect and why.

Type of information
 Purposes
Legal basis of processing
Members name, address, telephone numbers, email address Managing the Members membership of the Club. Managing the duty roster. Performing the Clubs contract with the Member. For the purposes of our legitimate interests in operating the club.
The names and ages of the Member’s dependants Managing the Member’s and their dependants’ membership of the Club Performing the Club’s contract with the Member
Emergency contact details Contacting next of kin in the event of emergency Protecting the Member’s vital interests and those of their dependants.
Date of birth / age related information Managing membership categories which are age related Performing the Club’s contract with the Member.
Gender Provision of adequate facilities for members.
Reporting information to the RYA.
For the purposes of our legitimate interests in making sure that we can provide sufficient and suitable facilities (including changing rooms and toilets) for each gender.
For the purposes of the legitimate interests of the RYA to maintain diversity data required by Sports Councils.
The Member’s name, boat name and sail number Managing race entries and race results.
Sharing race results with other clubs, class associations, and the RYA, and providing race results to local and national media.
Allocating moorings and storage spaces.
For the purposes of our legitimate interests in holding races for the benefit of members of the Club.
For the purposes of our legitimate interests in promoting the Club.
For the purposes of our legitimate interests in operating the Club
Photos and videos of Members and their boats Putting on the Club’s website and social media pages and using in press releases. Consent. We will seek the Member’s consent on their membership application form and each membership renewal form and the Member may withdraw their consent at any time by contacting us by e-mail or letter.
Radio call signs Collected for a rally and shared between those participating in the rally. For the purposes of our legitimate interests in ensuring that boats on a rally can maintain contact with each other
The Member’s name and e-mail address Creating and managing the Club’s Membership Directory. Consent. We will seek the Member’s consent on their membership application form and each membership renewal form. The Member may withdraw their consent at any time by contacting us by e-mail or letter to tell us that they no longer wish their details to appear in the Membership directory.
Bank account details of the member or other person making payment to the Club Managing the Member’s and their dependants’ membership of the Club, the provision of services and events. Performing the Club’s contract with the Member.
The Member’s name and e-mail address, whilst a current member and for up to [a year] after ceasing to be a member of the Club Passing to the RYA for the RYA to conduct surveys of Members and former Members of the Club. See paragraph 5.3 below. For the purposes of our legitimate interests in operating the Club and / or the legitimate interests of the RYA in its capacity as the national body for all forms of boating.
Instructor’s name, address, email addresses, phone numbers and relevant qualifications and/or experience Managing instruction at the Club. For the purposes of our legitimate interests in ensuring that we can contact those offering instruction and provide details of instructors to members.
Name, e-mail address and telephone number of each Club Officer Information published on Club’s website, in Club’s newsletter and other publications, in the Club’s marketing materials and made available to the RYA, in each case as a point of contact at the Club For the purposes of our legitimate interests in operating and promoting the Club
Name, e-mail address and telephone number of each Club committee member. Information published on Club’s website For the purposes of our legitimate interests in operating and promoting the Club
Employees and representatives of suppliers to the Club Entering into and managing arrangements with suppliers Entering into and performing contracts with suppliers

 

4.How we protect your personal data

4.1 We will not transfer your personal data outside the EU without your consent.

4.2 We have implemented generally accepted standards of technology and operational security in order to protect personal data from loss, misuse, or unauthorised alteration or destruction.

4.3 Please note however that where you are transmitting information to us over the internet this can never be guaranteed to be 100% secure.

4.4 For any payments which we take from you online we will use a recognised online secure payment system.

4.5 We will notify you promptly in the event of any breach of your personal data which might expose you to serious risk.

 

5.Who else has access to the information you provide us?

5.1 We will never sell your personal data. We will not share your personal data with any third parties without your prior consent (which you are free to withhold) except where we are required to do so by law or as set out in the table above or in paragraphs 5.2 and 5.3 below.

5.2 We may pass your personal data to third parties who are service providers, agents and subcontractors to us for the purposes of completing tasks and providing services to you on our behalf (e.g. to print newsletters and send you mailings). We do this for the purpose of our legitimate interests in operating the Club and for performing our contract with you. However, we disclose only the personal data that is necessary for the third party to deliver the service and we have a contract in place that requires them to keep your information secure and not to use it for their own purposes. It is possible that third parties may themselves engage others (sub-processors) to process your data. Where this is the case third parties will be required to have contractual arrangements with their sub-processor(s) that ensure your information is kept secure and not used for their own purposes.

5.3 We may also pass your personal data to the RYA for the purposes of carrying out surveys when it is in the legitimate interest of the club and the RYA to do so. The RYA may use third parties to carry out the surveys but disclose only the personal data that is necessary for the third party to do so and will have a contract in place that require the third party to keep your information secure and not to use it for their own purposes.

 

6.How long do we keep your information?

6.1 We will hold your personal data on our systems for as long as you are a member of the Club and for as long afterwards as it is in the Clubs’ legitimate interest to do so or for as long as is necessary to comply with our legal obligations. We will review your personal data every year to establish whether we are still entitled to process it. If we decide that we are not entitled to do so, we will stop processing your personal data except that we will retain your personal data in an archived form in order to be able to comply with future legal obligations e.g. compliance with tax requirements and exemptions, and the establishment, exercise or defence of legal claims.

6.2 We securely destroy all financial information once we have used it and no longer need it.

 

7.Your rights

7.1 You have rights under the GDPR:
To access your personal data.
To be provided with information about how your personal data is processed.
To have your personal data corrected.
To have your personal data erased in certain circumstances.
To object to or restrict how your personal data is processed.
To have your personal data transferred to your self or to another business in certain circumstances.

7.2 You have the right to take any complaints about how we process your personal data to the Information Commissioner:

https://ico.org.uk/concerns/

0303 123 1113.

Information Commissioner’s Office
Wycliffe House
Water Lane
Wilmslow
Cheshire SK9 5AF

For more details, please address any questions, comments and requests regarding our data processing practices to our the Honorary Secretary secretary@foweygallantssc.co.uk

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