Last updated: 10 December 2019
THE FOLLOWING TERMS AND CONDITIONS (“TERMS”) GOVERN YOUR USE OF THIS WEBSITE / APP / SERVICE AND UNDERLYING SOFTWARE / NETWORK.
THESE TERMS CONSTITUTE A LEGAL AGREEMENT BETWEEN YOU (BEING A USER AUTHORISED BY CELTIC RUGBY OR A CLUB PARTICIPATING IN THE GUINNESS PRO14 TOURNAMENT) AND EVOLVE AUDIO VISUAL (PTY) LTD.
BY ACCESSING, DOWNLOADING, INSTALLING, VIEWING, USING AND / OR LINKING TO OR FROM THIS WEBSITE / APP, YOU ACCEPT AND AGREE TO BE BOUND BY THESE TERMS.
SARU refers to the South African Rugby Union, the governing body for rugby in South Africa.
CELTIC RUGBY refers to Pro Rugby Championship DAC, the organiser of the Guinness PRO14 tournament.
Evolve Audio Visual (Pty) Ltd (Evolve) is a South African company with registration no. 2010/006156/07. Evolve Audio Visual (Pty) Ltd provides services relating to information technology, software development, information processing, database construction, management and administration.
The Service / Software
FootprintAPP is a data management and rugby administration software system that facilitates the input, collection and analysis of data and information.
For convenience, these Terms refer to the “Service” which includes the website located at https://www.footprintapp.net, the FootprintAPP software applications or “apps”, related services and network, underlying software and content featured on, or accessed through, the FootprintAPP website or apps.
License Grant and Restrictions
Evolve hereby grants you a non-exclusive, non-transferable, right to use the Service, solely for your own personal, non-commercial purposes, subject to these Terms. All rights not expressly granted to you are reserved by Evolve.
Using the Service
You may only access the Service using authorised means.
By using the Service, you agree that:
The Service, in particular the software and content featured or displayed on the website or app, including (but not limited to) text, audio, video, graphics, images, photographs, layout, or the selection and arrangement of these elements (but excluding any and all information and data entered onto the Service by Celtic Rugby, SARU, any participating club, or any of their respective authorised users) is owned, licensed or operated on behalf of Evolve and is protected by South African laws relating to copyright, trademarks and intellectual property in general.
Any reproduction (copying), screen shot, framing, embedding, downloading, streaming, adaptation, translation, publishing, transmission, broadcast or distribution of such content or any portion or element thereof is prohibited unless prior written permission to do so has been obtained from Evolve.
No permission to do any of these acts is either granted or implied. In particular, all rights in and to photographic images on this website are strictly reserved.
Unauthorised use in trade or commercial exploitation of intellectual property associated with this Service is prohibited.
Trademarks of various entities, including the name and likeness of certain individuals, are featured on the Service. Any unauthorised use of these trademarks, names or images is strictly prohibited.
Nothing contained in these Terms should be construed as granting, by implication or otherwise, any licence or right to use any of these trademarks, names or images without prior written permission.
When posting or submitting content to the Service, you retain any and all rights that may exist in such content.
Representations and Warranties
By using the Service, you expressly represent and warrant that you are legally entitled to do so.
By using the Service, you represent and warrant that you are at least 18 years old and otherwise capable of entering into binding contracts. If you are under the age of 18, you must obtain your parents' or legal guardians' advance authorisation, permission and consent to access or use this Service.
These Terms, and the use of the Service, do not create a joint venture, partnership, employment, agency or other relationship between you, Evolve or any third party.
Service Availability and Compatibility
Evolve cannot guarantee that the Service will operate in combination with any other software, system, data or specific hardware devices.
Evolve is entitled, without liability, to suspend the Service for repair, maintenance, improvement or other technical reasons, in each extent only to the extent reasonably necessary.
The Service may be subject to limitations, delays, and other problems inherent in the use of the Internet, telecommunications networks and electronic communications. Evolve is not responsible for any delays, delivery failures, or other damage resulting from such problems.
These Terms do not in any way limit or exclude any party's liability for negligence causing death or personal injury or for fraudulent misrepresentation or for anything that may not legally be excluded or limited.
Restriction on Liability
Evolve will not be held responsible or liable for any claims, actions, expenses, costs, liabilities, damages or losses of any kind arising out of third party dealings or third party websites associated with or linked to the Service.
By using the Service, you agree that all exclusions and limitations of liability mentioned in these Terms are reasonable. If you do not think they are reasonable, you must not use the Service.
Accuracy of Content
While all reasonable efforts are made to ensure the accuracy, reliability, availability, security, timeliness, suitability, quality and completeness of content relating to the Service, no representations or warranties are made in this regard. Evolve cannot be held responsible for the accuracy, reliability, security and / or completeness of information provided by users of the Service.
The transmission of information via the Internet, including e-mail, is susceptible to monitoring and interception. You bear all risk of transmitting information in this manner. Under no circumstances shall Evolve be liable for any loss, harm, or damage suffered by you as a result.
Evolve reserves the right to request independent verification of any information transmitted via e-mail or the Internet and you hereby consent to such verification should Evolve deem it necessary.
Third Party Dealings and Websites
Links to other websites that are not controlled by Evolve may be provided from time to time and other websites may in turn link to this website. Evolve is not responsible for any function or content featured on third party websites or any damage or losses resulting from your use of third party websites. When you leave this website, these Terms will be replaced by the applicable terms and conditions of the website to which you navigate.
Participation, correspondence or business dealings with any third party featured, found on or through the Service and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such third party.
Evolve reserves the right to (i) modify or discontinue, temporarily or permanently, the Service (or any part thereof) and (ii) refuse any and all current and future use of the Service and suspend or terminate your account (any part thereof) or use of the Service, if Evolve reasonably believes that you have violated these Terms. Evolve shall not be liable to you or any third party for any modification, suspension or discontinuation of the Service.
These Terms and any disputes arising under or in relation to these Terms (both contractual and non-contractual) shall be interpreted and governed by English law. You hereby consent to any disputes arising under or in relation to these Terms (both contractual and non-contractual) to be submitted to the exclusive jurisdiction of the courts of England and Wales.
This Service is controlled, operated and administered by Evolve from its offices in the Republic of South Africa. Access to the Service from territories or countries where such access is illegal is prohibited. If you access the Service from locations outside of South Africa, you are responsible for compliance with all local laws.
Questions and Complaints
If you have any questions or complaints or if you require any more information about these Terms or the Service, please feel free to contact us at: firstname.lastname@example.org
If you believe in good faith that any content made available in connection with the Service infringes your copyright, you may send Evolve a notice at email@example.com requesting that the content be removed, or access to it blocked.
Complaints and reports of suspicious activity regarding the Service should be directed to firstname.lastname@example.org
Last updated: 10 December 2019
FOOTPRINTAPP.NET (“FOOTPRINT”) has created this privacy statement to demonstrate our firm commitment to privacy. The following is a full description of our information collection and dissemination practices for http://footprintapp.net ("the site").
DAC Pro14 (“PRO14”) and associated Clubs are the organisations responsible for the making decisions on how and why to process personal information collected through or in relation to the site (“Controllers of the data”). Evolve Audio Visual (Pty) Ltd. is the organisation responsible for carrying out the processing (“Processor”) of that personal information ("EVOLVEAV") on behalf of PRO14.
EVOLVEAV has its principal place of business at Byls Bridge Office Park, Ground & First floor, Building 14, Block B, Cnr/Of Olivenhoutbosch & Jean Avenue, Centurion, South Africa.
PRO RUGBY CHAMPIONSHIP DAC is the organisation responsible for planning and implementing the Guinness PRO14. It is incorporated and registered in the Republic of Ireland with company number 660252, and with registered office at Millbank House, Arkle Road, Sandyford Industrial Estate, Dublin 18, D18 C6R3.
In this privacy statement, when we refer to "we", "us" or "our", we are referring to PRO14 or associated club, depending on which of us has the relevant personal information.
We fully respect your right to privacy, and any personal information which you provide to either of us will be treated with the highest standards of security and confidentiality in accordance with the terms of the applicable data protection and privacy laws (DAC Pro14 is subject to Irish / EU law and EvolveAV to South African Law).
This privacy statement sets out an explanation of what personal data we collect from you when you use the sites, how and why we collect and use that data, who your information is shared with and a description of your rights with respect to your information, including a right to object to some of the processing which we carry out. More information about your rights, and how to exercise them, is set out in the “Your Data Protection Rights” section. Please read the following carefully to understand our views and practices regarding your personal information and how we will treat it.
FOOTPRINTAPP is a data management and rugby administration software system that facilitates the input, collection and analysis of data and information.
For convenience, these Terms refer to the “Service” which includes the website located at https://www.footprintapp.net, the FOOTPRINTAPP software applications or “apps”, related services and network, underlying software and content featured on, or accessed through, the FOOTPRINTAPP website or apps.
2. Collection and Use of Personal Information
Personal data is defined by the General Data Protection Regulation (EU Regulation 2016/679) (the “GDPR”) and POPI (Protection of Personal Information Act 2013) as Ďany information relating to an identifiable person who can be directly or indirectly identified in particular by reference to an identifier.
3. What information do we collect
When you visit our website(s), download or install a software application, create a registered user account, purchase or register a product, complete a survey, or download a software update, we may collect information, including but not limited to: name, mailing address, phone number, email address, athlete profile information (as described in Section 4 below), contact preferences, credit card information and payment history. We collect and store personal information if you provide any such personal information, register as a user, provide details at an event, complete a survey or supply personal details through any other form of correspondence. FOOTPRINT uses this information to provide products and services, as well as for billing, identification, authentication, products and services improvement, contact and research purposes. We do this in order to perform our contract with you or in our legitimate business interest.
We may also collect such information when you contact us in person (for example, at clinics, conferences, workshops, seminars and other events), via telephone, facsimile or email. When you send us an email, that address will be recorded automatically for purposes of replying to your email. This is in our legitimate business interest. If you represent a corporate entity, such as a professional sports club, by providing your email address, you are subscribing to our electronic newsletter and product updates, which may include information about new features and new services. You may unsubscribe from this content by following the steps detailed in the email footer or by contacting email@example.com.
Where you are an individual (i.e., not a representative of a corporate entity) and have consented to us using your personal data for marketing purposes, we may use your information to conduct marketing and data analysis or to send you updates and news concerning FOOTPRINT and its business partners. If at any time after you have consented to us using your information for marketing purposes you wish us to stop using your information for these purposes, please email us at firstname.lastname@example.org.
This information may include: date, time, computer identity, crash data, device type and setting, operating system, language, region, log preferences, registration key, license level, license code, license code status, code registration date, last validation date, Ethernet address, IP address, MAC address, licensed software name and version, OS version, and any other information about user actions required to improve, support and maintain our software. We may also collect the page visited, the time, the source of the request, the type of browser making the request, the preceding page view and other information about your engagement with our site and services. We may also collect your IP address and your Device Identifier. A Device Identifier is a number automatically assigned to the computer, cell phone or tablet used to access the Internet. We may associate your Device Identifier with the personal information you provide.
PRO14 receives information about athletes and coaches from Clubs affiliated with PRO14.
4. Athlete Profile Pages
These pages may contain and therefore collect: name, home and email addresses, phone number, school (name, city and state), graduation year, transcripts, parent/guardian information (name, relation, email and phone), age, birth date, photograph, height, weight, jersey number, Twitter handle, sports position, High-Performance scores, speed and strength information, medical injury related information, disciplinary information and other athlete profile information, as may be updated from time to time. This information is collected by Clubs associated with PRO14 to manage the contracts between athletes and the Clubs. PRO14 collect and process some of this information in order to manage the PRO14 Tournament, which is in PRO14's legitimate business interest.
This information can be accessed by the athlete, coaches and team administrators. The general public may have limited access to athlete profile information based on administrator selected privacy settings. Home and email addresses, phone number, transcripts, parent/guardian information (name, relation, email and phone), age, birth date, graduation year and sports awards are not available to the general public by default.
5. Data Storage
FOOTPRINT uses third-party vendors and hosting partners to provide the necessary hardware, software, networking, storage and related technology required to run the FOOTPRINT website, and such third-party vendors may collect and store your data on behalf of FOOTPRINT. FOOTPRINT incorporates reasonable safeguards to help protect and secure your personal information, however, no data transmission over the Internet, wireless transmission, or electronic storage of information can be guaranteed to be 100% secure. Please note that FOOTPRINT cannot ensure or warrant the security of any information you transmit via its websites and/or products, and you do so at your own risk.
6. How your information might be shared
We may share your personal information with companies, organisations or individuals in one or more of the following situations:
7. Disclosures to Third Parties
There are circumstances where we may wish to disclose or are compelled to disclose your personal data to third parties. We may share your personal information with: our subsidiaries, branches or associated offices, our partners, vendors, licensees, agents, representatives, distributors, independent contractors, legal advisors, our other professional advisors, and/or where you have provided your permission to any other third party.
Any disclosure to third parties will only take place in accordance with the applicable law and for the purposes listed. These scenarios include disclosure: (1) as required to provide products or services youíve requested; (2) in order to provide partner-sponsored feature enhancements; (3) when necessary to investigate, prevent, or take action regarding illegal activities, suspected fraud, situations involving potential threats to the physical safety of any person, violations of our Terms and Conditions of Use, or as otherwise required by law; (4) for the purposes of a joint venture, collaboration, financing, sale, merger, reorganization, change of legal form, dissolution or similar event (in the event we are acquired by or merge with another company, you will be notified before your information is transferred); (5) to protect the security or integrity of our business, including our databases and systems, and for business continuity reasons; (6) to our legal advisors who may need to manage or litigate a claim; and (7) for any other purpose when we have your permission.
We do not knowingly collect personal information from children under age sixteen (16) (or the otherwise applicable age of digital consent in any particular jurisdiction). Children under the applicable age of digital consent are not permitted to use our websites and services, and must request a team adult, parent or guardian provide any personal data in connection with the site and/or services. We will delete any information later determined to have been collected from an underage user. Coaches and Account Administrators may add underage users to a team roster and/or direct invite codes to such users only with express written consent from a parent or legal guardian. FOOTPRINT is not liable for obtaining such consent on behalf of a team.
9. Retention of Personal Information
10. Confidentiality and Security
While we strive to protect your personal information, we cannot guarantee the security of any data transmission over the Internet.
We urge you to take precautions to protect your personal information when you are on the Internet. Keep any passwords safe and make sure you use a secure browser. In addition, you should take reasonable precautions when using a computer that is not your own or in a public setting.
12. Your Data Protection Rights
Please contact us at email@example.com any time to exercise any of your data protection rights. Data protection law applicable to individuals in the European Economic Area provides individuals with certain rights, including the right to access, rectify, withdraw consent, erase, restrict, transport, and object to the processing of their personal information. Individuals also have the right to lodge a complaint with the relevant information protection authority if they believe that their personal information is not being processed in accordance with the law. Further information about your rights is set out below:
Right to obtain a copy of your personal information. You may have the right to obtain a copy of the personal information we hold about you.
Right to rectification. You may request that we rectify any inaccurate and/or complete any incomplete personal information. If we disagree and believe the information to be accurate and complete, we will advise you and include a notation on the record that you dispute the information's accuracy. We will respond to your request to correct or supplement your personal information within a reasonable time period and, in any event, within any time period specified in relevant laws.
Right to withdraw consent. Where we rely on your consent you may withdraw your consent to the processing of your personal information at any time although few may have other legal grounds for processing your data for other purposes, such as those set out in Section 3 above. Such withdrawal will not affect the lawfulness of processing based on your previous consent. Please note that if you withdraw your consent, you may not be able to benefit from certain service features for which the processing of your personal information is essential.
Right to object to processing. You may, as permitted by law, request that we stop processing your personal information. You also have the right to ask us not to process your personal data for marketing purposes.
Right to erasure. You may request that we erase your personal information and we will comply, unless there is a lawful reason for not doing so.
Your right to lodge a complaint with the supervisory authority. We suggest that you contact us about any questions or if you have a complaint in relation to how we process your personal information. However, you do have the right to contact the relevant supervisory authority in the relevant country directly.
If you are not happy with the way that FOOTPRINT have used your information or address your rights, please contact us on firstname.lastname@example.org or contact EVOLVEAV's Data Protection officer by e-mail email@example.com
15. Changes to this Privacy Statement We reserve the right to change our security and privacy policies at any time. Accordingly, we recommend that you check this page periodically in order to review our current policies.Copyright FOOTPRINTAPP.NET - All Rights Reserved.