Legal Mention & Terms of Services Syncoach

Last update : 16/12/2019
  1. LEGAL MENTIONS
  2. GLOSSARY OF DEFINED TERMS
  3. GENERAL TERMS OF SERVICES
  4. ACCEPTABLE USE POLICY
  5. PRIVACY POLICY
  6. COOKIE POLICY

GLOSSARY OF DEFINED TERMS

DEFINITIONS

In the Terms of Service, the following expressions have the following meanings unless the context otherwise requires:

"Acceptable Use Policy" means the Company’s acceptable use policy for the Site and any Services made available by the Company on the Site and set out in section 3 of the Terms of Service.

“Account” means an account set up by a User with the Company to use the Services.

“Applicable Law” means (i) any and all laws, statutes, regulations, by-laws, orders, ordinances and court decrees that apply to the performance, supply and use of the Services; and (ii) the terms and conditions of any approvals, consents, exemptions, fillings, licences, authorities, permits, registrations or waivers issued or granted by, or any binding requirement, instruction, direction or order of, any applicable government department, authority or agency having jurisdiction in respect of that matter.

“Company IPR” means all IPR owned and/or controlled by NM Sport Technology Limited in and to the Site and the Service.

“Confidential Information” means, all information of a confidential nature relating to the relevant party to this Agreement, its servants, agents, or subcontractors, in whatever form, and includes information given orally and any documents, electronic file or any other way of representing or recording information which contained, or is derived, or copied from such information but excludes information that:

  • is or becomes public information other than as a direct or indirect result of any breach of these Terms of Service by the receiving party; or
  • is identified in writing at the time of delivery as non-confidential by the disclosing party its servants, agents or sub-contractors; or
  • is known by the receiving party before the date the information is disclosed by the disclosing party to the receiving party or any of the receiving party’s servants, agents, or sub-contractors or is lawfully obtained by the receiving party after that date, from a source which is, as far as the receiving party is aware, has not been obtained in breach of, and is not otherwise subject to, any obligation of confidentiality.

“Content” means any information, files, data, reports, materials, articles, publications, images, media, videos and other recordings, comments, code or other content of any kind.

“Content Standards” means the standards that must be complied with when a User uploads to or makes available on the Site and/or the Services any Content, as further described in the Acceptable Use Policy.

“Contribution” means any contribution made or Content uploaded to and made available on the Site and/or the Services by a User.

“Controller” with regard to Personal Data, has the meaning given to it under the GDPR.

“Data Protection Legislation” means all Applicable Law, including the GDPR, any binding codes of practice or regulations or other legislation made under or separate to the GDPR relating to the Processing of Personal Data.

“Data Subject” with regard to Personal Data, has the meaning given to it under the GDPR, and for these purposes may include a User.

“EEA” means the European Economic Area.

“GDPR” means Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the Processing of Personal Data and on the free movement of such data as applicable as of 25 May 2018, as may be amended from time to time.

“Intellectual Property Rights” or “IPR” means patents, utility models, rights to inventions, copyright and related rights, moral rights, trade marks, business names and domain names, rights in get-up and trade dress, goodwill and the right to sue for passing off or unfair competition, rights in designs, rights in computer software, database rights, rights to use, and protect the confidentiality of, confidential information (including know-how and trade secrets), and all other intellectual property rights, in each case whether registered or unregistered and including all applications and rights to apply for and be granted, renewals or extensions of, and rights to claim priority from, such rights and all similar or equivalent rights or forms of protection which subsist or will subsist now or in the future in any part of the world.

“Personal Data” has the meaning given to it in the GDPR.

“Personal Data Transfers” means the transmission of data through a network, or any communication, copying or transmission of Personal Data from one medium to another, irrespective of the type of support, since these Personal Data are intended to be processed and/or stored in the Third Country.

“Processing” with regard to Personal Data, has the meaning given to it in the GDPR and the expression “process” shall be construed accordingly.

“Services” means the services provided by the Company to a User pursuant to the Terms of Service.

“Site” means www.syncoach.net or any other website operated by the Company in relation to the Services.

“Sub-Processor” means another Processor engaged by the Company to carry out Processing activities in respect of User Personal Data.

“Third Country” means all countries that are not members of the EEA or which have not been recognised by the European Commission as providing an adequate level of protection for Personal Data.

“User” means a user of the Site and/or the Services.

“You” or “Your” under these Terms of Service means the User.

GENERAL TERMS OF SERVICES

These General Terms of Service form part of and should be read together with our Terms of Service, including the Acceptable Use Policy. The Terms of Service apply to the agreement to the exclusion of any other terms that the User seeks to impose or incorporate.

Supply of Services

Subject to the User discharging the subscription amount, the Company shall provide the Services to the User in accordance with these Terms of Service.

We shall use commercially reasonable endeavours to make the Services available 24 hours a day, seven days a week, except for maintenance which may cause Users to experience a short period of downtime. The Company will not be liable for any failure to supply the Services in circumstances where the failure to supply the said Services arises as a result of external factors not within its control.

User obligations

The User shall:

  • Provide the Company with all necessary co-operation in relation to this agreement and all necessary access to such information as may be required by the Company in order to provide the Services;
  • Without affecting its other obligations under this agreement, comply with all Applicable Law, including but not limited to applicable Data Protection Legislation, with respect to its activities under this agreement.

You must keep your account details safe

If you choose, or you are provided with, a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as Confidential Information. You must not disclose it to any third party.

We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our reasonable opinion you have failed to comply with any of the provisions of these Terms of Service.

Subscription fees

We offer certain premium versions of the Services for a fee (“Subscription”). The premium services provide you with access to certain enhanced features of the Services. Payment is billed in advance for each Subscription period. Any rate change due to membership modification will take effect at the beginning of the next Subscription period.

If you wish to purchase the premium version of the Services you will be asked to supply certain information relevant for your purchase including, without limitation, your credit card number or any other information related to means of payment.

User shall pay subscription fees to the Company for the Services. If the Company does not receive payment within 14 days after the due date, and without prejudice to any other rights and remedies of the Company disable the User’s password, account and access to all or part of the Services and the Company shall be under no obligation to provide any or all of the Services while the subscription fees remain unpaid.

Automatic renewal

When your Subscription period expires, Syncoach will charge you automatically with the applicable Subscription fees. Special offers, in particular any special price or discount you may have benefited in the past, will not apply during the automatic renewal.

The Subscription will auto renew unless you cancel or change your Subscription before the end of the current Subscription period. The new Subscription fees will be the same as your initial Subscription fees, unless you are otherwise notified in advance. The new Subscription period will be the same as your initial Subscription period.

Cooling-off period

You have the right to cancel your Subscription by letter or email, within fourteen calendar days of the date of your Subscription, and without stating any reasons. Please, be aware that this right is only applicable if you do not have not logged in or otherwise redeemed any Content or started to use premium versions of the Services during the Cooling-off Period.

To cancel your Subscription, please notify us at:
NM Sport Technology Limited
Leona 33
Honeypark
Dun Laoghaire
County Dublin
Ireland
Cancellation@syncoach.net

To exercise your cancellation, we will need the following information: your full name, your address, the email address used to subscribe to the Services, the date of your Subscription and the name of the Services you want to cancel.

Cancellation of the Subscription

You may terminate your Subscription to the premium version of the Services at any time by initiating the cancellation on the Site. All Subscription fees, unless otherwise provided herein, that have been paid are non-cancellable and non-refundable.

Personal data processing

The Services cannot be provided without processing data and personal information about you and other members of the Services. Processing of the data you agreed to share with us is essential to the Services which we provide and a necessary part of our performance of the agreement we have with you. For more information on our processing activities, please see our Privacy Policy hereunder.

To register and use the Services, each User must:

  • provide his/her full legal name, a valid email address and any other information reasonably required in order to complete the sign-up process;
  • be 18 years of age or older;
  • be a human being. Accounts registered by “bots” or other automated methods are not permitted; and
  • comply with these Terms of Service, including the Acceptable Use Policy.

Your Account remains valid unless it is cancelled or terminated.

When you set up and use your Account with us you enter into a contract with us. In order for us to perform that contract and make the Services, and your Account available to you, as a User, we will be required to collect, Process and store certain Personal Data about you. This Processing is necessary for the performance of our contract with you or in order to take steps at your request prior to entering into the contract.

We use third party vendors and hosting partners to provide the necessary hardware, software, networking, storage, and related technology required to run the Services. Some of these third parties may provide their services from locations outside the EEA. This means your Personal Data may be shared with our authorised third party vendors and stored on their servers for these purposes.

You understand that the technical processing and transmission of the Services, including your Content, involves:

  • transmissions over various networks;
  • processing of Personal Data both within and without the EEA; and
  • changes to conform and adapt to technical requirements of connecting networks or devices.

You agree to the transmission of your Personal Data to, and Processing of your Personal Data by us and our authorised third party vendors for these purposes.

Links to other services and websites

While the Services contain links to other websites, applications and resources provided by third parties, these links are provided for information only. We have no control over the nature, content and availability of those sites. Such links should not be interpreted as approval by us of those linked websites or information you may obtain from them. You acknowledge and agree that we shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such websites or services.

Cancellation and termination of User’s Accounts

We may terminate your Account at any time upon notice should you violate this agreement or otherwise fail to comply with your obligations thereunder.

If your Account is dormant for a period of two years, we will use reasonable efforts to contact you to ask if you wish for your Account to be retained or terminated. If we do not hear from you within fourteen calendar days from the date we communicated with you or if we cannot reach you using reasonable efforts, your Account shall be terminated.

Upon cancellation or termination of your Account, all of your Content shall be deleted from your Account.

Content and/or Contributions uploaded by you may continue to be published or publicly available.

Proprietary rights and grant of licences

All Intellectual Property Rights in and to the Site and the Services are owned by the Company and/or its licensors.

By subscribing to the Services and/or publishing Content/Contributions to our Site, you:

  • understand you are responsible for your Content, its accuracy and reliability;
  • understand that the Content you publish or upload to the Site will be published on the Site and available to or accessible by other Users to view, download and/or print;
  • hereby grant the Company a non-exclusive, royalty-free licence to use, publish, store, process your Content on the Site and to make it available or accessible to other Users to view, download or print;
  • that you have the necessary consents, licences and/or permissions to upload such information;
  • warrant and represent to the Company that the Content is your work and/or that you have all necessary permissions and authority to publish and make available the Content and that to the best of your knowledge, your Content does not infringe upon the Intellectual Property Rights of any third party.

If you are found to be engaging in or have engaged in copyright infringement we reserve the right, without prejudice to or limiting any other remedies that may be available to us, to suspend or deactivate your Account indefinitely and to ban you from using our Site. The copyright owner may also sue you directly for infringement of copyright in Contributions made by you to our Site.

Confidentiality

Each party may be given access to Confidential Information from the other party in order to perform its obligations under this agreement.

Subject to the exceptions hereunder, each party shall hold the other's Confidential Information in confidence and not make the other's Confidential Information available to any third party, or use the other's Confidential Information for any purpose other than the implementation of this agreement.

Each party shall take all reasonable steps to ensure that the other's Confidential Information to which it has access is not disclosed or distributed by its employees or agents in violation of the terms of this agreement.

A party may disclose Confidential Information to the extent such Confidential Information is required to be disclosed by law, by any governmental or other regulatory authority or by a court or other authority of competent jurisdiction, provided that, to the extent it is legally permitted to do so, it gives the other party as much notice of such disclosure as possible and, where notice of disclosure is not prohibited and is given in accordance with this paragraph it takes into account the reasonable requests of the other party in relation to the content of such disclosure.

Neither party shall be responsible for any loss, destruction, alteration or disclosure of Confidential Information caused by any third party.

You acknowledge that details of the Services, and the results of any performance tests of the Services, constitute the Company’s Confidential Information.

The above provisions of this section shall survive termination of this agreement, however arising, for a period of 2 years.

Limitation of Liability and Disclaimer

The information, products and services contained in the Services are presented to you “as is” without any warranty and are for information purposes only. While we endeavour to keep the information up to date and correct, we make no representations or warranties of any kind, express or implied, about the completeness, accuracy, reliability, suitability or availability with respect to the website or the applications, information, products, services, or related graphics contained on the Services for any purpose. Any reliance you place on such information is therefore strictly at your own risk.

NO MEDICAL ADVICE. We do not provide any medical advice and any content, produced by us, our subsidiaries or any third party is not intended to, and should not be used in lieu of professional advice from medical professionals or physician.

You expressly agree that your physical activities, including but not limited to running, cycling, swimming, carry certain inherent risks such as injuries, property damage or death. You agree that you assume all the known and unknown risks associated with your activities. You also agree that we are not assuming any responsible for any content or User Content linked to training, organising, supervising or conducting any physical activity or competition.

All representations, warranties, terms and conditions whether express or implied in relation to Services or the information contained therein are hereby excluded to the fullest extent permitted by law.

Except as expressly and specifically provided in this agreement, you assume sole responsibility for results obtained from the use of the Service and/or the Services, and for conclusions drawn from such use.

You agree and understand that the Company does not warrant that:

  • the Services will meet your specific requirements;
  • the Services will be uninterrupted, timely, secure, or error-free;
  • the results which may be obtained from the use of the Services will be accurate and reliable;
  • the quality of the products, services, information, Content or other material purchased or obtained by you through the Services will meet your expectations; and
  • any errors in the Services will be corrected.

Our responsibility for loss and damage suffered by you

While we do not exclude or limit in any way our liability to you where it would be unlawful to do so, in no event will we be liable for any loss or damage including without limitation, indirect or consequential loss or damage, or any loss or damage whatsoever arising from loss of data or profits arising out of, or in connection with, the use of the Service.

If you are a business user, we exclude all implied conditions, warranties, representations or other terms that may apply to our Site and/or the Services or any content on it.

Our total liability to you shall be limited to the amount of Subscription paid by you within the twelve-month period preceding the event that gave rise to the claim.

In no event shall the Company, its employees, agents and/or sub-contractors be liable to you or have any obligation to indemnify you to the extent that the alleged claim is based on:

  • a modification of the Services by anyone other than the Company;
  • the Content or other Contribution made, uploaded or published by you on the Site;
  • your use of the Services in a manner contrary to the instructions given by the Company; or
  • your use of the Services after notice of the alleged or actual infringement from the Company or any appropriate authority.

We may suspend or withdraw our services

Every effort is made to keep the Service up and running smoothly. However, we take no responsibility for, and will not be liable for, the Service being temporarily unavailable due to technical issues beyond our control.

Termination

Without affecting any other right or remedy available to it, either party may terminate this agreement with immediate effect by giving written notice to the other party if:

  • the other party commits a material breach of any terms of this agreement and (if such a breach is remediable) fails to remedy that breach within 30 days of that party being notified in writing to do so;
  • the other party takes any step or action in connection with its entering administration, provisional liquidation or any composition or arrangement with its creditors (other than in relation to a solvent restructuring), being wound up (whether voluntarily or by order of the court, unless for the purpose of a solvent restructuring), having a receiver appointed to any of its assets or ceasing to carry on business or, if the step or action is taken in another jurisdiction, in connection with any analogous procedure in the relevant jurisdiction; or
  • the other party suspends, or threatens to suspend, or ceases or threatens to cease to carry on all or a substantial part of its business.

Without affecting any other right or remedy available to it, the Company may terminate this agreement with immediate effect by giving written notice to the User if User fails to pay the subscription fees or any amount under this agreement on the due date for payment.

Consequences of Termination

You understand that certain Content and/or Contributions published by you which is or was published on the internet or otherwise made part of the public domain by you, a User’s Content and/or Contribution may continue to be published, publicly accessible or archived online.

Law and Jurisdiction

These Terms of Services shall be governed by and construed in all respects in accordance with the laws of Ireland. The parties agree that the courts of Ireland shall have exclusive jurisdiction.

MISCELLANEOUS

If any provision of these Terms is invalid or unenforceable under applicable law, such provision will be deemed modified to the extent necessary to render such provision valid and enforceable and the other provisions of these Terms will remain in full force and effect. The Terms of Service represent the entire agreement governing use of the Services and supersede any prior or contemporaneous written or oral statements made by us or our representatives. Our failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.

To the maximum extent permitted by Applicable Law, the Company shall have no liability to any User under this agreement if it is prevented from or delayed in performing its obligations under this agreement, or from carrying on its business, by acts, events, omissions or accidents beyond its reasonable control, including, without limitation, strikes, lock-outs or other industrial disputes (whether involving the workforce of the Company or any other party), failure of a utility service or transport or telecommunications network, act of God, war, riot, civil commotion, malicious damage, compliance with any law or governmental order, rule, regulation or direction, accident, breakdown of plant or machinery, fire, flood, storm or default of suppliers or sub-contractors.

Indemnity

You agree to indemnify and hold harmless the Company from any claim or demand, including without limitation reasonable legal fees, arising out of or in connection with (i) any negligent or wilful act by you or breach of these Terms of Service, including any breach of warranty by you or failure to comply with applicable Data Protection Legislation; and (ii) any claim made by a third party that the Content published, or any other Contribution made by you to, the Site and/or the Services infringes its Intellectual Property Rights.

Communications

The Services have no control over the User Content communicated and published. The Services have no responsibility over the identity, background or the qualifications of the users. You should use common sense and good judgement while interacting with other Users through our Services.

The Services allow Users to communicate. We do not intervene in such interactions.

The Services allow Users to communicate. We do not intervene in such Some of your communication and User Content may be made publically available on the Services or by third parties through the use of social networks. You take full responsibility for such publications and User Content and agree to respect any relevant third party terms and conditions. We will not be responsible for such communication. We would also like to remind you that such information may remain public for a long time.

If you decide to use the Services to communicate any information or User Content, or interact with other Users, you agree that we are authorised to use the provided contact at least once. You represent that you are authorised to use such third party contact and that it may be processed in the Service in accordance with our Privacy Policy.

ACCEPTABLE USE POLICY

This acceptable use policy sets out the content standards that apply when you upload Content to the Site or our Services, make contact with other users through our Services and/or the Site, link to our Services and/or the Site, or interact with our Services and/or the Site in any other way.

The capitalised terms used in this Acceptable Use Policy have the meanings given to them in the Glossary of Defined Terms.

Acceptance of these Terms

By using this Site and/or the Services, you confirm that you accept the terms of this Acceptable Use Policy and that you agree to comply with them. If you do not agree with these terms, you must not use the Site and/or the Services.

Other terms that may apply to you

Our Terms of Service also apply to your use of the Site and/or the Services. This Acceptable Use Policy forms part of, and should be read together with, our Terms of Service.

Changes to the terms of this policy

We amend these terms from time to time. Every time you wish to use the Site, please check these terms to ensure you understand the terms that apply at that time.

Prohibited Uses

You may use the Site and/or our Services only for lawful purposes. You may not use the Site and/or our Services:

  • in any way that breaches any Applicable Laws, including any Data Protection Legislation;
  • in any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect;
  • for the purpose of harming or attempting to harm children or vulnerable adults in any way;
  • to bully, insult, intimidate or humiliate any person;
  • to send, knowingly receive, upload, download, use or re-use any material which does not comply with our Content Standards;
  • to transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam); and/or

to knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect (i) the operation of any computer software or hardware; and/or (ii) the security of any Personal Data.

You also agree:

  • not to take any action that imposes or may impose (as determined by us in our sole discretion) an unreasonable or disproportionately large load on our (or our third party providers’) infrastructure;
  • not to bypass any measures we may use to prevent or restrict access to our Site and/or our Services;
  • not to decipher, decompile, disassemble, reverse engineer, or otherwise attempt to derive any source code or underlying ideas, or algorithms of any part of the Site and/or the Services;
  • not to act in any manner that negatively affects other Users’ ability to use our Site and/or the Services;
  • not to infringe or attempt to infringe our copyright, trade marks or other Intellectual Property Rights or the copyright, trade mark or other Intellectual Property Rights of any third party;
  • not to reproduce, duplicate, copy or re-sell any part of our Services in contravention of the provisions of this Acceptable Use Policy or any other part of our Terms of Service;
  • not to access without authority, interfere with, damage or disrupt:
    • any part of the Site and/or our Services;
    • any equipment or network on which the Site and/or our Services is or are stored;
    • any software used in the provision of the Site and/or our Services; or
    • any equipment or network or software owned or used by any third party.

Interactive Services

We may from time to time provide interactive services on our Site, including, without limitation:

  • Chat rooms.
  • Newsletters.
  • Bulletin boards.

Where we do provide any interactive service, we will provide clear information to you about the kind of service offered, if it is moderated and what form of moderation is used (including whether it is human or technical).

We will do our best to assess any possible risks for users (and in particular, for children) from third parties when they use any interactive service provided on our Site, and we will decide in each case whether it is appropriate to use moderation of the relevant service (including what kind of moderation to use) in the light of those risks. However, we are under no obligation to oversee, monitor or moderate any interactive service we provide on our Site, and we expressly exclude our liability for any loss or damage arising from the use of any interactive service by a User in contravention of our Content Standards, whether the interactive services is moderated or not.

Where we do moderate an interactive service, we will normally provide you with a means of contacting the moderator, should a concern or difficulty arise.

Content Standards

Whenever you make use of a feature that allows you to upload Content to our Site or make another Contribution or make contact with other Users, you must comply with the Content Standards notified to you prior to uploading and as set out in this Acceptable Use Policy. These Content Standards apply to any Contribution a User makes to the Site and/or the Services and to any interactive services associated with it.

The Content Standards must be complied with in spirit as well as to the letter. The Content Standards apply to each part of any Contribution as well as to its whole.

We will determine, in our discretion, whether a Contribution breaches the Content Standards.

A Contribution must:

  • be accurate (where it states facts).
  • be genuinely held (where it states opinions).
  • comply with Applicable Law in Ireland and in any country from which it is posted.

A Contribution must not:

  • be defamatory of any person.
  • be obscene, offensive, hateful or inflammatory.
  • bully, insult, intimidate or humiliate.
  • promote sexually explicit material.
  • promote violence.
  • promote discrimination based on race, sex, religion, nationality, political beliefs, disability, sexual orientation or age.
  • infringe any copyright, database right or trade mark of or other Intellectual Property Rights of any other person.
  • be likely to deceive any person.
  • breach any legal duty owed to a third party, such as a contractual duty or a duty of confidence.
  • promote any illegal activity.
  • be in contempt of court.
  • be threatening, abuse or invade another's privacy, or cause annoyance, inconvenience or needless anxiety.
  • be likely to harass, upset, embarrass, alarm or annoy any other person.
  • impersonate any person, or misrepresent your identity or affiliation with any person.
  • give the impression that the Contribution emanates from the Company, if this is not the case.
  • advocate, promote, incite any party to commit, or assist any unlawful or criminal act such as (by way of example only) copyright infringement or computer misuse.
  • contain a statement which you know or believe, or have reasonable grounds for believing, that members of the public to whom the statement is, or is to be, published are likely to understand as a direct or indirect encouragement or other inducement to the commission, preparation or instigation of acts of terrorism.

You warrant that our Contribution will comply with these Content Standards and you will be liable to us and indemnify us for any breach of that warranty.

Unless otherwise agreed, any Content you upload or other Contribution you make to our Site will be considered non-confidential and non-proprietary and may be shared with Users. You understand and agree that by uploading any Content or other Contribution to our Site that you may be required to assign copyright to the publisher.

We shall have the right to disclose your identity to any third party who is claiming that any Content or Contribution posted or uploaded by you to our Site constitutes a violation of their Intellectual Property Rights.

We will not be responsible, or liable to any third party, for the content or accuracy of any Content or other Contribution posted by you or any other user of our Site.

The views expressed by any User on our Site do not represent our views or values.

Your Content

Your Content is your responsibility. Any reliance you place on such information is strictly at your own risk. You shall be solely responsible for your own Contributions and the consequences of uploading them. We have no responsibility or liability for your Content or other Contributions, or for any loss or damage your Content or other Contributions may cause to you or others or for any use of your Content or other Contributions by any third party.

We do not pre-screen your Content or Contributions, but we reserve the right in our sole and absolute discretion to screen and/or remove or edit without notice any Content or other Contribution, account keyword or description posted or stored on our Site that is objectionable to us for any reason (or to appoint a third party to do any of the foregoing), and we may do this at any time. You are solely responsible for maintaining copies of and replacing any Content or other Contribution you post or store on our Site.

If you delete your Content or other Contribution from our Site we will take reasonable steps to remove it from our Site. However, you acknowledge and accept that caches or other form referencing may be publicly available for a period following deletion.

Breach of this Policy

When we consider that a breach of this Acceptable Use Policy has occurred, we may take such action as we deem appropriate.

Failure to comply with this Acceptable Use Policy constitutes a material breach of the Terms of Service upon which you are permitted to use our Site and/or the Services, and may result in our taking all or any of the following actions:

  • immediate, temporary or permanent withdrawal of your right to use our Services.
  • immediate, temporary or permanent removal of any Contribution uploaded by you to our Services.
  • issue of a warning to you.
  • legal proceedings against you for reimbursement of all costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from the breach.
  • further legal action against you.
  • disclosure of such information to law enforcement authorities as we reasonably feel is necessary or as required by law

We exclude our liability for all action we may take in response to breaches of this acceptable use policy. The actions we may take are not limited to those described above, and we may take any other action we reasonably deem appropriate.

PRIVACY POLICY

INTRODUCTION

About Us

NM Sport Technology Limited is a private company limited by shares incorporated in Ireland with company number 621024 and having a registered office at Apartment 33, Leona, Honeypark, Dun Laoghaire, County Dublin, Ireland (“we”/“us”/”our”). We are a software service provider which offers innovative solutions to implement adapted IT solutions, particularly in the field of sport, health and communication (the “Services”).

About our Privacy Policy

We respect your right to privacy and take seriously our responsibilities in relation to the processing of personal data. We do not collect or process personal data unnecessarily. In accordance with the General Data Protection Regulation (EU) 2016/679 (the “GDPR”), this privacy policy (the “Policy”) describes how we collect and use personal data.

This Policy sets out important information about your rights in relation to the processing of your personal data, and the basis upon which any personal data we collect from you, or that you provide to us, will be processed in connection with your use of this website www.syncoach.net (“our Site” or “the Site”) and/or the Services. We do not knowingly attempt to solicit or receive information from children.

Controller and Processor

Under this Policy, and unless we have entered into a different arrangement with you, we are what’s known under the GDPR as the “controller” of the personal data you provide to us. We are a “controller” as we control personal data provided to us by you and we decide on the purpose and means of processing this personal data.

THE INFORMATION WE COLLECT

We will collect and process the following data about you for the following purposes:

Information you give us

Your Data. This is information about you that you give us by filling in forms on our Site, by using our App or by corresponding with us by phone, e-mail or otherwise. It includes information you provide when you use our Site, or the Services, or report a problem with our Site.

The information you give us may include:

  • Identity Data: your name, address, e-mail address, phone number.
  • Demographic Data: age, size, weight, sex
  • Sport Data: your sporting activities records and/or files.
  • Location Data: your address, training routes.
  • Financial Data: Identity Data, bank account details, billing address.
  • Health Data: your BMI, heart rate, sleeping pattern, fitness level.

Information we collect about you

Automatically Collected Information. With regard to each of your visits to our Site we will automatically collect the following information:

  • Technical Data: technical information, including the Internet protocol (IP) address used to connect your computer to the internet, your login information, browser type and version, time zone setting, browser plug-in types and versions, operating system and platform, how often you use the application and other performance data; and
  • Usage Data: information about your visit, including the full Uniform Resource Locators (URL), click stream to, through and from our Site (including date and time), products you viewed or searched for, page response times, length of visits to certain pages, page interaction information (such as scrolling, clicks, and mouse-overs) and methods used to browse away from the page.

While we can never guarantee that the transmission or processing of personal data is entirely risk free, especially the transmission of personal data over the internet, we are committed to ensuring personal data is processed in a lawful, fair, transparent and responsible way.

COOKIES

What are cookies and why we use them

Cookies may be used to save your personal preferences so you do not have to re-enter them each time you access the Site.

WHAT WE DO WITH YOUR INFORMATION

We will only use your personal information when the law allows us to. Most commonly, we will use your personal data in the following circumstances:

  • Where we need to perform the contract we are about to enter into or have entered into with you.
  • Where it is necessary for our legitimate interest (or those of a third party) and your interests and fundamental rights do not override those interests.
  • Where we need to comply with a legal or regulatory obligation.

We have set out below, in table format, a description of the ways we plan to use your personal data and the legal basis we rely on to do so. We have also identified our legitimate interests where appropriate:

Purpose/Activity Type of data Legal basis for processing
To respond to your queries and to provide you with the information you request from us in relation to our Services.
  • Identity Data
  • Technical Data
  • Usage Data
  • Necessary for our legitimate interests (to respond to new or existing client queries and grow our business)
  • Performance of a contract with you
To set up your account on the App and use of the App
  • Identity Data
  • Demographic Data
  • Sport Data
  • Health Data
  • Consent
  • Performance of a contract
To provide the Services.
  • Identity Data
  • Demographic Data
  • Sport Data
  • Location Data
  • Health Data
  • Technical Data
  • Usage Data
  • Consent
  • Performance of a contract
To pay for the Services for which you have subscribed for
  • Identity Data
  • Financial Data
  • Performance of a contract
To manage our relationship with you, including notifying you about changes to the Services, or our Privacy Policy.
  • Identity Data
  • Technical Data
  • Usage Data
  • Performance of a contract
  • Necessary to comply with a legal obligation
  • Necessary for our legitimate interests (to keep our records updated)
To provide you with information about services we offer that are similar to those that you have enquired about.
  • Identity Data
  • Technical Data
  • Usage Data
 Necessary for our legitimate interests (to develop our Services and grow our business)
Where you have given us your consent to do so, to provide you with information about other services we feel may
  • Identity Data
  • Technical Data
  • Usage Data
 Consent
To ensure that content is presented in the most effective manner for you and for your computer or device.
  • Identity Data
  • Technical Data
  • Usage Data
 Necessary for our legitimate interests (to keep our Site and the Services updated and relevant and to develop and grow our business).
To use data analytics to improve or optimise our Site, marketing, client relationships and experiences.
  • Technical Data
  • Usage Data
 Necessary for our legitimate interests (to define types of clients for our services, to keep our Site and the Services updated and relevant, to develop and grow our business and improve our marketing strategy).
To administer, protect and improve our systems, websites and business (including troubleshooting, data analysis, testing, system maintenance, support, reporting and hosting of data).
  • Identity Data
  • Technical Data
  • Usage Data

Necessary for our legitimate interests (for running our business, provision of administration and IT services, network security, to prevent fraud and in the context of a business reorganisation or group restructuring exercise).

Necessary to comply with a legal obligation.
To comply with a request to unsubscribe or request for deletion
  • Identity Data

Legitimate interest to ensure that you are not contacted again (minimum information retained and any further processing is restricted).

Necessary to comply with a legal obligation.

If personal data is required to be collected and processed by us in order to comply with a statutory or contractual requirement, or if it is a necessary requirement to enter into a contract, we will inform you of this and of the possible consequences should you fail to provide this personal data.

Change of purpose

We will only use your personal data for the purposes for which we collected it, unless we reasonably consider that we need to use it for another reason and that reason is compatible with the original purpose. If you wish to get an explanation as to how the processing for the new purpose is compatible with the original purpose, please contact us at DPO@syncoach.net If we need to use your personal data for an unrelated purpose, we will notify you and we will explain the legal basis which allows us to do so. Please note that we may process your personal data without your knowledge or consent, in compliance with this Policy, where this is required or permitted by law.

How long we keep your information

We will only retain your personal data for as long as necessary to fulfil the purposes we collected it for, including for the purposes of satisfying any legal, accounting, or reporting requirements. This means that the period of time for which we store your personal data may depend on the type of data we hold. To determine the appropriate retention period for personal data, we consider the amount, nature and sensitivity of the personal data, the potential risk of harm from unauthorised use or disclosure of your personal data, the purposes for which we process your personal data and whether we can achieve those purposes through other means, and the applicable legal requirements. This may vary according to legal requirements or other regulatory requirements in a particular country. For more information about our data retention policies please contact us at DPO@syncoach.net.

DISCLOSURE OF YOUR INFORMATION

We do not sell your personal information to third parties for marketing purposes. We may disclose information to third parties if you consent to us doing so as well as in the following circumstances:

You agree that we have the right to share your personal information with the following recipients or categories of recipients:

  • any department or authorised person within the group, or any member company within the group, which means any subsidiary or holding company within the meaning of sections 7 and 8 of the Companies Act 2014.
  • Selected third parties including:
    • business partners, suppliers and sub-contractors for the performance of any contract we enter into with them or you in relation to the Services, including payment gateways, customer relationship management platforms, other payment transaction processors;
    • government agencies, authorities or departments for the purposes of complying with any security requirements or legal obligation in relation to the Services;
    • analytics and search engine providers such as Google Analytics, that assist us in the improvement and optimisation of our Site.

We will disclose your personal information to third party recipients:

  • in the event that we sell or buy any business or assets, in which case we will disclose your personal data to the prospective seller or buyer of our business or assets;
  • if all or substantially all of our business or assets are acquired by or transferred to a third party whether in the event of a merger, reorganisation, transfer of undertakings, receivership, liquidation or other winding up or any other similar circumstances, in which case personal data held by us will be one of the transferred assets;
  • if we are under a duty to disclose or share your personal data in order to comply with any law, legal obligation or court order, or in order to enforce rights under the GDPR or other applicable law;
  • to protect our rights, property or safety and of our customers, or others. This includes exchanging information with other companies and organisations for the maintenance and security of the Site and Services.

INTERNATIONAL TRANSFERS

Personal Data may be shared and/or transferred to our trusted partners and service providers who maintain their servers outside of the EEA, where the privacy and data protection laws may not be as protective as those in your jurisdiction. This is only for the purposes of providing, and to the extent necessary to provide, the Services to you. There are special requirements set out under Chapter V of the GDPR (with which we would comply) to regulate such data transfers and ensure that adequate security measures are in place to safeguard and maintain the integrity of your personal data on transfer.

For more information about this and the safeguards in place relating to the transfer, please contact us by email at DPO@syncoach.net.

SECURITY MEASURES

We have put in place appropriate security measures to prevent your personal data from being accidentally lost, used or accessed in an unauthorised way, altered or disclosed. In addition, we limit access to your personal data to those employees, agents, contractors and other third parties who have a business need to know. They will only process your personal data on our instructions and they are subject to a duty of confidentiality.

We have put in place procedures to deal with any suspected personal data breach and will notify you and any applicable regulator of a breach where we are legally required to do so.

YOUR PERSONAL DATA AND YOUR RIGHTS

Accessing your Personal Data

You may request access at any time to a copy of the personal data we hold about you. Any such request should be submitted to us in writing and sent to DPO@syncoach.net. We will need to verify your identity in such circumstances and may request more information or clarifications from you if needed to help us locate and provide you with the personal data requested.

There is usually no charge applied to access your personal data (or to exercise any of the other rights). However, if your request is clearly unfounded, repetitive or excessive, we may charge a reasonable fee. Alternatively, we may refuse to comply with your request in these circumstances.

Right of Restriction

You may restrict us from processing your personal data in any of the following circumstances:

  • you have contested the accuracy of the personal data we hold on record in relation to you or for a period of time to enable us to verify the accuracy of the personal data;
  • the processing of your personal data is unlawful and you request the restriction of use of the personal data instead of its erasure;
  • we no longer require your personal data for the purpose of processing but you require this data for the establishment, exercise or defence of legal claims; or
  • where you have contested the processing (under Article 21(1) of the GDPR) pending the verification of our legitimate grounds.

Corrections or Erasure (Right to Rectification and Right to Be Forgotten)

If we hold personal data concerning you which are no longer necessary for the purposes for which they were collected or if you withdraw consent for us to process your personal data, you can request the deletion of this personal data. We will retain minimal personal data in order to comply with this request. This right, however, will not apply where we are required to process personal data in order to comply with a legal obligation or where the processing of this information is carried out for reasons of public interest in the area of public health. If the personal information we hold about you is inaccurate, you may request to have your personal information updated and corrected. To do so at any time, please contact us by email at DPO@syncoach.net.

Your Right to Object

You have the right to object to the processing of your personal data at any time:

  • for direct marketing purposes;
  • for profiling to the extent it relates to direct marketing;
  • where we process your personal data for the purposes of legitimate interests pursued by us, except where we can demonstrate compelling legitimate grounds for this processing which would override your interests, rights and freedoms or in connection with the enforcement or defence of a legal claim.

To exercise your right to object at any time, please email DPO@syncoach.net.

Should you object, we will no longer process your personal data for these purposes unless doing so is justified by a compelling legitimate ground as described above. We will retain minimal personal data in order to comply with this request. For more information about our marketing practices, please see the Marketing Communications section below.

Data Portability

Where we process your personal data by automated means (i.e., not on paper) and this processing is based on your consent or required for the performance of a contract between us, you have the right to request from us a copy of your personal data in a structured, commonly used machine-readable format and, where technically feasible, to request that we transmit your personal data in this format to another controller.

Profiling

Profiling is an automated form of processing of personal data often used to analyse or predict personal aspects about an individual person. This could relate to a person’s performance at work, economic situation, health, personal preferences, reliability, behaviour, location or movements. An example of this would be where a bank uses an automated credit scoring system to assess and reject a loan application.

You have the right to be informed if your personal data will be subject to automated decision making, including profiling. You also have the right not to be subject to a decision based solely on automated process, including profiling, where that decision impacts on your legal rights. There are some exceptions to this rule, where, for example, the decision is necessary in connection with the performance of a contract between us, is authorised by law or where you have given your explicit consent to this automated processing.

Personal Rights

The rights described in this section are personal rights and are exercisable only by the individual person (or data subject) concerned.

MARKETING COMMUNICATIONS

General

We will not use your data to send marketing communications to you about promotions, competitions, updates and new products or services that may be of interest to you, unless we have your permission to do so.

We will not use your data to send marketing communications to you about promotions, competitions, updates and new products or services that may be of interest to you, unless we have your permission to do so.

Your right to object to marketing

You have the right to object to the processing of your personal data for our marketing purposes. To object or if you change your mind at any later time, you can withdraw your consent to the processing of your personal data for such marketing purposes by changing your personal settings or contacting us at DPO@syncoach.net. You may also opt out of receiving marketing communications at any time by selecting the unsubscribe option when you receive an electronic marketing communication from us. The withdrawal of your consent will not impact upon the lawfulness of processing based on your consent prior to the withdrawal.

THIRD PARTY MATERIAL

We always endeavour to deal with vendors and other third parties who are GDPR compliant or, in the case of the third parties located outside of the EEA, who are certified as compliant with the EU-US Privacy Shield, as applicable, or who have adequate security measures in place to safeguard the security of personal data. That said, we, our employees and/or agents accept no liability howsoever arising for the content or reliability of any third party materials or websites referenced by hyperlink or other means on the Site or for the data collection and use practices or security measures used by such third parties. If you submit personal data to any of those sites, your personal data is governed by their privacy policy. We encourage you to carefully read their privacy policies

CHANGES TO THIS POLICY

Any changes made to this Policy from time to time will be published at the Site.

Any material or other change to the data processing operations described in this Policy which is relevant to or impacts on you or your personal data, will be notified to you in advance by email. In this way, you will have an opportunity to consider the nature and impact of the change and exercise your rights under the GDPR in relation to that change (e.g., to withdraw consent or to object to the processing) as you see fit.

QUESTIONS OR COMPLAINTS

NM Sport Technology Limited
Leona 33
Honeypark
Dun Laoghaire
County Dublin
A96 PKK0
DPO@syncoach.net

Supervisory Authority. We are committed to complying with the terms of the GDPR and to the processing of personal data in a fair, lawful and transparent manner. If, however, you believe that we have not complied with our obligations under the GDPR, you have the right to lodge a complaint with the Data Protection Commission, Canal House, Station Road, Portarlington, County Laois, R32 AP23, Ireland.

Effective Date of this Policy: October 2019