Back
Policies
Privacy policy
1
General
1.1
Pitch Hero Limited a company registered in England with company number 06361033 whose registered office is at Sterling House, Capitol Park East, Tingley, Leeds, West Yorkshire, WF3 1DR ("we", "us" and "our") takes the privacy rights of users of the PITCHERO.COM platform, applications and website ("Site") seriously. We are the data controller and we will process your personal data in accordance with the General Data Protection Regulation (EU) 2016/679 and national laws which relate to the processing of personal data (“Data Protection Legislation”).
1.2
This privacy policy explains how we process personal data when you use the PITCHERO.COM platform as a registered user, when you visit our website or use our applications (including the club app and the manager app). Please read the following carefully to understand our views and practices regarding your personal data and how we will treat it.
1.3
If you are one of our suppliers or a non-registered user please see sections 5 and 7 of this policy which provide specific details regarding how we process your personal data.
2
Your data
2.1
For the purposes of this privacy policy, "Your Data" means any information about you from which you are personally identifiable, including without limitation your name, age, address, role at club, email address and mobile telephone number (and where applicable, your login name and password) and other information from which you can be identified (such as video footage or photographs) which you (or a third party) may disclose to us or otherwise via our Site or applications at any time.
3
How we collect your data
3.1
We may collect and process Your Data in the following circumstances:
3.1.1
whenever you visit PITCHERO.COM. We may collect details of your visits including, but not limited to, traffic data, location data and other communication data and the resources you access (see section 3.2.2 below);
3.1.2
when you register to use PITCHERO.COM;
3.1.3
whenever you or a third party provide Your Data on an online form on PITCHERO.COM (for example, when you submit video, images and other material via android and mobile applications, when you enter competitions or free prize draws etc);
3.1.4
whenever you provide Your Data to us when reporting a problem with PITCHERO.COM, making a complaint, making an enquiry or contacting us for any other reason;
3.1.5
whenever you complete one of our voluntary surveys that we use for research purposes; and
3.1.6
whenever you disclose Your Data to us, or we collect Your Data from you, in any other way, through PITCHERO.COM or otherwise.
3.2
We may also collect data in the following ways:
3.2.1
IP Address - We may collect information about your device, including where available your Internet Protocol address, for reasons of fraud protection. We may also collect information about your device’s operating system and browser type, for system administration and to report aggregate information to our advertisers. This is statistical data about our users' browsing actions and patterns, and does not identify any individual.
3.2.2
Cookies - Our Site uses cookies to distinguish you from other users of our Site. This helps us to provide you with a good experience when you browse our Site and also allows us to improve our Site. For detailed information on the cookies we use and the purposes for which we use them see our Cookie Policy.
4
How we use your information
4.1
We use Your Data for our own legitimate interests, in order to:
4.1.1
monitor, develop and improve PITCHERO.COM and your experience and ensure that content of PITCHERO.COM is presented in the most effective manner for you and for your computer;
4.1.2
process your registration to use PITCHERO.COM and provide you with a user name and password;
4.1.3
provide you with information, products or services that you request from us;
4.1.4
ensure security of your account;
4.1.5
allow you to participate in interactive features of our service, should you choose to do so;
4.1.6
notify you about changes to our service;
4.1.7
process and deal with any complaints or enquiries made by you;
4.1.8
investigate any suspected breach of the terms of service by or otherwise relating to you; and
4.1.9
contact you for marketing purposes and share Your Data with third parties (see sections 9 and 10 of this policy for further details).
5
Non-registered user data
5.1
Where you do not have an account with us and your personal data is uploaded to a club website by a third party we may share your personal data such as your name, position, photographs, video footage and times and dates of sporting matches you participate in to the Press Association for the purpose of sports coverage and third party platform/social media organisations. We do not share or syndicate personal data relating to children under the age of 14. You have the right to object to us using Your Data in this way at any time by contacting us using the details in 18 of this policy in addition to your other rights set out in section 15.
6
Retention of your data
6.1
Where you are a registered user of the Site, subject to exercising your rights detailed in section 15 of this policy, we retain Your Data for as long as you remain an active user of your account. Where there has not been any activity on your account for three years we will contact you to check you still wish to retain your account with us. Where you decide to cancel your account or we do not hear further from you, your account will be de-activated and Your Data will be deleted. Where you have subscribed to receive marketing correspondence from us we will keep your personal data for marketing purposes whilst your account remains active and for the period of time referred to above. This is subject to exercising your right to unsubscribe from receiving such correspondence at any time.
6.2
Where you are a non-registered user or a registered user whose personal data has been uploaded to the club website, we will store Your Data on our software for the benefit of your club for as long as your Club requires (we do not use this information for our own purposes). For details how long Your Data is retained by you club, please contact your club direct.
7
Supplier data
7.1
We will collect details such as a contact name, email address, telephone number and bank details in order to contact you about goods and/or services we have ordered from you, to place further orders and to pay you for the goods or services supplied. We may share your data with our employees to manage our relationship with you and we will keep the personal data for as long as we require your goods and services and for a period of 6 years further to being provided with the goods/services. You may exercise any of the rights referred to in section 15 of this policy in relation to your personal data.
8
If you fail to provide personal data
8.1
Where we need to collect personal data by law or under the terms of a contract we have with you and you fail to provide the data when requested, we may not be able to perform the contract we have or are trying to enter into with you (for example, to provide you with our goods or services). In this case, we may have to cancel a product or service you have with us but we will notify you if this is the case at the time.
9
Marketing
9.1
In addition to the uses described in sections 2 to 7 above, we may also use Your Data for our legitimate interests including for marketing, market research and related purposes, such as:
9.2
providing you with information about our products and services, or related products and services via email/post/telephone/text which may be of interest to you;
9.3
asking you to participate in market research, for example surveys about topical issues, our services and products. We will always try to tell you before you participate in a survey how any information you provide in the survey will be used.
9.4
Where we have your consent, we may use your data to market the services and products of sports focused brands and ask you to participate in related market research via email/post/telephone/text which may be of interest to you.
9.5
We will always inform you before collecting Your Data if we intend to use Your Data for marketing, market research and related purposes. Where we intend to use Your Data for the marketing of services and products of third party organisations and/or disclose Your Data to any third party for such purposes we will obtain your prior consent.
9.6
Your right to opt-out - You have a right to opt-out of receiving any marketing information (from ourselves and/or a third party) at any time. To opt-out of receiving such information you can:
9.6.1
amend your preferences accordingly in your on-line account; or
9.6.2
use the facility contained in any marketing communication you receive; or
9.6.3
email us at support@pitchero.com.
9.6.4
where you have subscribed to receive marketing correspondence from us we will keep personal data for the period set out in section 6.1 of this policy.
10
Disclosure of your data to Third Parties
10.1
In addition to the third parties mentioned above, we may disclose Your Data to third parties for our legitimate interests as follows:
10.1.1
to our employees and agents to administer your on-line account;
10.1.2
to payment providers to process online payments for our goods and/or services;
10.1.3
IT software providers that host our website, store data and provide other software services on our behalf;
10.1.4
to reputable third parties in order to gather general statistical information about the Website user base, sales patterns, traffic volumes and related matters but these details will not include information personally identifying you;
10.1.5
HM Revenue and Customs, regulators and other authorities who require reports of processing activities in certain circumstances;
10.1.6
marketing organisations to assist with the distribution of our marketing correspondence;
10.1.7
to the Press Association for the purpose of press coverage;
10.1.8
Third parties who we may choose to sell, transfer or merge parts of our business or assets. Alternatively, we may seek to acquire other businesses, then the new owners may use your personal data in the same way as set out in this privacy policy;
10.1.9
to the police, regulatory bodies or legal advisers in connection with any alleged criminal offence or suspected breach of the Terms of Service or where We are under a duty to disclose or share Your Data in order to comply with any legal obligation;
10.1.10
to governing and representative bodies of sport and recreation including local and county league’s to improve the management and co-ordination of sport within their territory, and, where we have your consent, undertake marketing and survey participation;
10.1.11
social media organisations for their own promotion and marketing purposes (this relates to video footage only and such data will only be shared with your prior consent);
10.1.12
to software suppliers when you use the chat forums with our applications. The software analyses user generated content to identify any anomalies which may indicate behaviour that poses a threat to children. Where such a threat is identified further to analysis of the individual’s behaviour, we may take action we consider appropriate including but not limited to removing you as a registered user and/or the notification of law enforcement organisations; and
10.1.13
to Minute Media who work with various third parties to identify audience segments to advertise to. Software is used to track website use and helps build a profile resulting in adverts being sent to you which match your profile. As a consequence, you will see third party advertisements relevant to your interests and lifestyle when you visit our website. Please note that the only information we share with Minute Media is your sex (M/F) and whether you are a youth player (where you have disclosed this information to us). You cannot be identified from this information. Minute Media is required to adhere to strict guidelines when advertising to our users and we prohibit the use of advertisements containing adult or salacious content. You can find out more about how Minute Media will treat this data by viewing Minute Media’s privacy policy. You may also go to www.youronlinechoices.eu if you are in Europe, or to www.aboutads.info if you are anywhere else for instructions on how to disable cookies which may be used by advertisers to target You.
10.1.14
to LiveRamp Inc and its group companies (“LiveRamp“), where we have your consent, a hashed representation of your email address, IP address or information about your browser or operating system, who may drop a cookie on your browser and match your shared information to their on-and-offline marketing databases and those of its advertising partners to create a link between your browser and information in those other databases. This link may be shared by LiveRamp’s partners globally for the purpose of enabling interest-based content or advertising throughout your online experience (cross-device, web, email and in-app) by third parties unaffiliated with our website. These third parties may, in turn, link further demographic or interest-based information to your browser. You can easily opt-out at any time and prevent the setting of this cookie via the LiveRamp opt-out page
11
Cross border data transfers
11.1
Some of our third party software providers may transfer and process Personal Data outside of the European Economic Area (“EEA”). Adequate levels of protection approved by the European Commission are in place for the security of your personal data through the software providers certification under the EU-US Privacy Shield.
12
Data security
12.1
Where we have given You (or where You have chosen) a password which enables you to access certain parts of PITCHERO.COM, you are responsible for keeping this password confidential. We ask you not to share a password with anyone.
12.2
Unfortunately, the transmission of information via the internet and mobile networks is not completely secure. Although we will do our best to protect Your Data, we cannot guarantee the security of Your Data transmitted to PITCHERO.COM. Any transmission is at your own risk. Once we have received Your Data, we will use strict procedures and security features to try to prevent unauthorised access.
12.3
Information you provide to us is stored on our secure servers. We have implemented appropriate physical, technical and organisational measures designed to secure your information against accidental loss and unauthorised access, use, alteration or disclosure. In addition, we limit access to personal data to those employees, agents, contractors and other third parties that have a legitimate business need for such access.
13
Links to other websites
13.1
PITCHERO.COM may, from time to time, contain links to and from the websites of third parties. If you follow a link to any of these websites, please note that these websites have their own privacy policies and that we do not accept any responsibility or liability for these when you leave our Site, we encourage you to read the privacy notice/policy of every website you visit.
14
Legal basis for processing your personal data
14.1
We will only use your personal data where the law allows us to. Most commonly, we will use your personal data in the following circumstances:
14.1.1
for performance of a contract we enter into with you;
14.1.2
where necessary for compliance with a legal or regulatory obligation we are subject to; and
14.1.3
for our legitimate interests (as described within this policy) where your interests and fundamental rights do not override these interests.
15
Access to, updating, deleting and restricting use of your data
15.1
It is important that the personal data we hold about you is accurate and current. Please keep us informed if the personal data we hold about you changes. Where you are a registered user of PITCHERO.COM you may update your data contained in your on-line account at any time).
15.2
Data protection legislation gives you the right to object to the processing of your personal data in certain circumstances or withdraw your consent to the processing of your personal data where this has been provided. You also have the right to access information held about you and for this to be provided in an intelligible form. If you would like a copy of some or all of your personal data, please send an email to support@pitchero.com. In certain circumstances we reserve the right to charge a reasonable fee to comply with your request.
15.3
You can also ask us to undertake the following:
15.3.1
update or amend Your Data if you feel this is inaccurate;
15.3.2
remove Your Data from Our database entirely;
15.3.3
send you copies of Your Data in a commonly used format and transfer Your Data to another entity where you have supplied this to us, and we process this electronically with your consent or where necessary for the performance of a contract;
15.3.4
restrict the use of Your Data.
15.4
We may request specific information from you to help us confirm your identity and your right to access/provide you with the personal data we hold about you or make your requested changes. Data protection legislation may allow or require us to refuse to provide you with access to some or all of Your Data/comply with requests made in accordance with your rightsreferred to above. If we cannot provide you with access to Your Data, or deal with any other request we receive, we will inform you of the reasons why, subject to any legal or regulatory restrictions.
15.5
Please send any requests relating to the above to our Data Protection Lead at support@pitchero.com specifying your name the action you would like us to undertake. Where you are a registered user please also supply the email address you used to register with us and your username. Note that is relation to requests to access Your Data, we reserve the right in certain circumstances to charge a reasonable fee to carry out your request.
16
Right to withdraw consent
16.1
Where you have provided your consent to the collection, processing and transfer of your personal data, you may withdraw that consent at any time. This will not affect the lawfulness of data processing based on consent before it is withdrawn. To withdraw your consent please contact us at support@pitchero.com.
17
Changes to our privacy policy
17.1
Any changes we may make to this privacy policy in the future will be posted on this page. We encourage you to check this privacy policy from time to time for any updates or changes to the privacy policy. If we would like to use your previously collected personal data for different purposes than those we notified you about at the time of collection, we will provide you with notice and, where required by law, seek your consent before using your personal data for a new or unrelated purpose. We may process your personal data without your knowledge or consent where required by applicable law or regulation.
18
Contact us
18.1
If You have any questions, comments or requests regarding this policy or how We use Your Data please contact our Data Protection Lead at support@pitchero.com. This is in addition to your right to contact the Information Commissioners Office if you are unsatisfied with our response to any issues you raise at https://ico.org.uk/global/contact-us.
General
1.1
Pitch Hero Limited a company registered in England with company number 06361033 whose registered office is at Sterling House, Capitol Park East, Tingley, Leeds, West Yorkshire, WF3 1DR ("we", "us" and "our") takes the privacy rights of users of the PITCHERO.COM platform, applications and website ("Site") seriously. We are the data controller and we will process your personal data in accordance with the General Data Protection Regulation (EU) 2016/679 and national laws which relate to the processing of personal data (“Data Protection Legislation”).
1.2
This privacy policy explains how we process personal data when you use the PITCHERO.COM platform as a registered user, when you visit our website or use our applications (including the club app and the manager app). Please read the following carefully to understand our views and practices regarding your personal data and how we will treat it.
1.3
If you are one of our suppliers or a non-registered user please see sections 5 and 7 of this policy which provide specific details regarding how we process your personal data.
2
Your data
2.1
For the purposes of this privacy policy, "Your Data" means any information about you from which you are personally identifiable, including without limitation your name, age, address, role at club, email address and mobile telephone number (and where applicable, your login name and password) and other information from which you can be identified (such as video footage or photographs) which you (or a third party) may disclose to us or otherwise via our Site or applications at any time.
3
How we collect your data
3.1
We may collect and process Your Data in the following circumstances:
3.1.1
whenever you visit PITCHERO.COM. We may collect details of your visits including, but not limited to, traffic data, location data and other communication data and the resources you access (see section 3.2.2 below);
3.1.2
when you register to use PITCHERO.COM;
3.1.3
whenever you or a third party provide Your Data on an online form on PITCHERO.COM (for example, when you submit video, images and other material via android and mobile applications, when you enter competitions or free prize draws etc);
3.1.4
whenever you provide Your Data to us when reporting a problem with PITCHERO.COM, making a complaint, making an enquiry or contacting us for any other reason;
3.1.5
whenever you complete one of our voluntary surveys that we use for research purposes; and
3.1.6
whenever you disclose Your Data to us, or we collect Your Data from you, in any other way, through PITCHERO.COM or otherwise.
3.2
We may also collect data in the following ways:
3.2.1
IP Address - We may collect information about your device, including where available your Internet Protocol address, for reasons of fraud protection. We may also collect information about your device’s operating system and browser type, for system administration and to report aggregate information to our advertisers. This is statistical data about our users' browsing actions and patterns, and does not identify any individual.
3.2.2
Cookies - Our Site uses cookies to distinguish you from other users of our Site. This helps us to provide you with a good experience when you browse our Site and also allows us to improve our Site. For detailed information on the cookies we use and the purposes for which we use them see our Cookie Policy.
4
How we use your information
4.1
We use Your Data for our own legitimate interests, in order to:
4.1.1
monitor, develop and improve PITCHERO.COM and your experience and ensure that content of PITCHERO.COM is presented in the most effective manner for you and for your computer;
4.1.2
process your registration to use PITCHERO.COM and provide you with a user name and password;
4.1.3
provide you with information, products or services that you request from us;
4.1.4
ensure security of your account;
4.1.5
allow you to participate in interactive features of our service, should you choose to do so;
4.1.6
notify you about changes to our service;
4.1.7
process and deal with any complaints or enquiries made by you;
4.1.8
investigate any suspected breach of the terms of service by or otherwise relating to you; and
4.1.9
contact you for marketing purposes and share Your Data with third parties (see sections 9 and 10 of this policy for further details).
5
Non-registered user data
5.1
Where you do not have an account with us and your personal data is uploaded to a club website by a third party we may share your personal data such as your name, position, photographs, video footage and times and dates of sporting matches you participate in to the Press Association for the purpose of sports coverage and third party platform/social media organisations. We do not share or syndicate personal data relating to children under the age of 14. You have the right to object to us using Your Data in this way at any time by contacting us using the details in 18 of this policy in addition to your other rights set out in section 15.
6
Retention of your data
6.1
Where you are a registered user of the Site, subject to exercising your rights detailed in section 15 of this policy, we retain Your Data for as long as you remain an active user of your account. Where there has not been any activity on your account for three years we will contact you to check you still wish to retain your account with us. Where you decide to cancel your account or we do not hear further from you, your account will be de-activated and Your Data will be deleted. Where you have subscribed to receive marketing correspondence from us we will keep your personal data for marketing purposes whilst your account remains active and for the period of time referred to above. This is subject to exercising your right to unsubscribe from receiving such correspondence at any time.
6.2
Where you are a non-registered user or a registered user whose personal data has been uploaded to the club website, we will store Your Data on our software for the benefit of your club for as long as your Club requires (we do not use this information for our own purposes). For details how long Your Data is retained by you club, please contact your club direct.
7
Supplier data
7.1
We will collect details such as a contact name, email address, telephone number and bank details in order to contact you about goods and/or services we have ordered from you, to place further orders and to pay you for the goods or services supplied. We may share your data with our employees to manage our relationship with you and we will keep the personal data for as long as we require your goods and services and for a period of 6 years further to being provided with the goods/services. You may exercise any of the rights referred to in section 15 of this policy in relation to your personal data.
8
If you fail to provide personal data
8.1
Where we need to collect personal data by law or under the terms of a contract we have with you and you fail to provide the data when requested, we may not be able to perform the contract we have or are trying to enter into with you (for example, to provide you with our goods or services). In this case, we may have to cancel a product or service you have with us but we will notify you if this is the case at the time.
9
Marketing
9.1
In addition to the uses described in sections 2 to 7 above, we may also use Your Data for our legitimate interests including for marketing, market research and related purposes, such as:
9.2
providing you with information about our products and services, or related products and services via email/post/telephone/text which may be of interest to you;
9.3
asking you to participate in market research, for example surveys about topical issues, our services and products. We will always try to tell you before you participate in a survey how any information you provide in the survey will be used.
9.4
Where we have your consent, we may use your data to market the services and products of sports focused brands and ask you to participate in related market research via email/post/telephone/text which may be of interest to you.
9.5
We will always inform you before collecting Your Data if we intend to use Your Data for marketing, market research and related purposes. Where we intend to use Your Data for the marketing of services and products of third party organisations and/or disclose Your Data to any third party for such purposes we will obtain your prior consent.
9.6
Your right to opt-out - You have a right to opt-out of receiving any marketing information (from ourselves and/or a third party) at any time. To opt-out of receiving such information you can:
9.6.1
amend your preferences accordingly in your on-line account; or
9.6.2
use the facility contained in any marketing communication you receive; or
9.6.3
email us at support@pitchero.com.
9.6.4
where you have subscribed to receive marketing correspondence from us we will keep personal data for the period set out in section 6.1 of this policy.
10
Disclosure of your data to Third Parties
10.1
In addition to the third parties mentioned above, we may disclose Your Data to third parties for our legitimate interests as follows:
10.1.1
to our employees and agents to administer your on-line account;
10.1.2
to payment providers to process online payments for our goods and/or services;
10.1.3
IT software providers that host our website, store data and provide other software services on our behalf;
10.1.4
to reputable third parties in order to gather general statistical information about the Website user base, sales patterns, traffic volumes and related matters but these details will not include information personally identifying you;
10.1.5
HM Revenue and Customs, regulators and other authorities who require reports of processing activities in certain circumstances;
10.1.6
marketing organisations to assist with the distribution of our marketing correspondence;
10.1.7
to the Press Association for the purpose of press coverage;
10.1.8
Third parties who we may choose to sell, transfer or merge parts of our business or assets. Alternatively, we may seek to acquire other businesses, then the new owners may use your personal data in the same way as set out in this privacy policy;
10.1.9
to the police, regulatory bodies or legal advisers in connection with any alleged criminal offence or suspected breach of the Terms of Service or where We are under a duty to disclose or share Your Data in order to comply with any legal obligation;
10.1.10
to governing and representative bodies of sport and recreation including local and county league’s to improve the management and co-ordination of sport within their territory, and, where we have your consent, undertake marketing and survey participation;
10.1.11
social media organisations for their own promotion and marketing purposes (this relates to video footage only and such data will only be shared with your prior consent);
10.1.12
to software suppliers when you use the chat forums with our applications. The software analyses user generated content to identify any anomalies which may indicate behaviour that poses a threat to children. Where such a threat is identified further to analysis of the individual’s behaviour, we may take action we consider appropriate including but not limited to removing you as a registered user and/or the notification of law enforcement organisations; and
10.1.13
to Minute Media who work with various third parties to identify audience segments to advertise to. Software is used to track website use and helps build a profile resulting in adverts being sent to you which match your profile. As a consequence, you will see third party advertisements relevant to your interests and lifestyle when you visit our website. Please note that the only information we share with Minute Media is your sex (M/F) and whether you are a youth player (where you have disclosed this information to us). You cannot be identified from this information. Minute Media is required to adhere to strict guidelines when advertising to our users and we prohibit the use of advertisements containing adult or salacious content. You can find out more about how Minute Media will treat this data by viewing Minute Media’s privacy policy. You may also go to www.youronlinechoices.eu if you are in Europe, or to www.aboutads.info if you are anywhere else for instructions on how to disable cookies which may be used by advertisers to target You.
10.1.14
to LiveRamp Inc and its group companies (“LiveRamp“), where we have your consent, a hashed representation of your email address, IP address or information about your browser or operating system, who may drop a cookie on your browser and match your shared information to their on-and-offline marketing databases and those of its advertising partners to create a link between your browser and information in those other databases. This link may be shared by LiveRamp’s partners globally for the purpose of enabling interest-based content or advertising throughout your online experience (cross-device, web, email and in-app) by third parties unaffiliated with our website. These third parties may, in turn, link further demographic or interest-based information to your browser. You can easily opt-out at any time and prevent the setting of this cookie via the LiveRamp opt-out page
11
Cross border data transfers
11.1
Some of our third party software providers may transfer and process Personal Data outside of the European Economic Area (“EEA”). Adequate levels of protection approved by the European Commission are in place for the security of your personal data through the software providers certification under the EU-US Privacy Shield.
12
Data security
12.1
Where we have given You (or where You have chosen) a password which enables you to access certain parts of PITCHERO.COM, you are responsible for keeping this password confidential. We ask you not to share a password with anyone.
12.2
Unfortunately, the transmission of information via the internet and mobile networks is not completely secure. Although we will do our best to protect Your Data, we cannot guarantee the security of Your Data transmitted to PITCHERO.COM. Any transmission is at your own risk. Once we have received Your Data, we will use strict procedures and security features to try to prevent unauthorised access.
12.3
Information you provide to us is stored on our secure servers. We have implemented appropriate physical, technical and organisational measures designed to secure your information against accidental loss and unauthorised access, use, alteration or disclosure. In addition, we limit access to personal data to those employees, agents, contractors and other third parties that have a legitimate business need for such access.
13
Links to other websites
13.1
PITCHERO.COM may, from time to time, contain links to and from the websites of third parties. If you follow a link to any of these websites, please note that these websites have their own privacy policies and that we do not accept any responsibility or liability for these when you leave our Site, we encourage you to read the privacy notice/policy of every website you visit.
14
Legal basis for processing your personal data
14.1
We will only use your personal data where the law allows us to. Most commonly, we will use your personal data in the following circumstances:
14.1.1
for performance of a contract we enter into with you;
14.1.2
where necessary for compliance with a legal or regulatory obligation we are subject to; and
14.1.3
for our legitimate interests (as described within this policy) where your interests and fundamental rights do not override these interests.
15
Access to, updating, deleting and restricting use of your data
15.1
It is important that the personal data we hold about you is accurate and current. Please keep us informed if the personal data we hold about you changes. Where you are a registered user of PITCHERO.COM you may update your data contained in your on-line account at any time).
15.2
Data protection legislation gives you the right to object to the processing of your personal data in certain circumstances or withdraw your consent to the processing of your personal data where this has been provided. You also have the right to access information held about you and for this to be provided in an intelligible form. If you would like a copy of some or all of your personal data, please send an email to support@pitchero.com. In certain circumstances we reserve the right to charge a reasonable fee to comply with your request.
15.3
You can also ask us to undertake the following:
15.3.1
update or amend Your Data if you feel this is inaccurate;
15.3.2
remove Your Data from Our database entirely;
15.3.3
send you copies of Your Data in a commonly used format and transfer Your Data to another entity where you have supplied this to us, and we process this electronically with your consent or where necessary for the performance of a contract;
15.3.4
restrict the use of Your Data.
15.4
We may request specific information from you to help us confirm your identity and your right to access/provide you with the personal data we hold about you or make your requested changes. Data protection legislation may allow or require us to refuse to provide you with access to some or all of Your Data/comply with requests made in accordance with your rightsreferred to above. If we cannot provide you with access to Your Data, or deal with any other request we receive, we will inform you of the reasons why, subject to any legal or regulatory restrictions.
15.5
Please send any requests relating to the above to our Data Protection Lead at support@pitchero.com specifying your name the action you would like us to undertake. Where you are a registered user please also supply the email address you used to register with us and your username. Note that is relation to requests to access Your Data, we reserve the right in certain circumstances to charge a reasonable fee to carry out your request.
16
Right to withdraw consent
16.1
Where you have provided your consent to the collection, processing and transfer of your personal data, you may withdraw that consent at any time. This will not affect the lawfulness of data processing based on consent before it is withdrawn. To withdraw your consent please contact us at support@pitchero.com.
17
Changes to our privacy policy
17.1
Any changes we may make to this privacy policy in the future will be posted on this page. We encourage you to check this privacy policy from time to time for any updates or changes to the privacy policy. If we would like to use your previously collected personal data for different purposes than those we notified you about at the time of collection, we will provide you with notice and, where required by law, seek your consent before using your personal data for a new or unrelated purpose. We may process your personal data without your knowledge or consent where required by applicable law or regulation.
18
Contact us
18.1
If You have any questions, comments or requests regarding this policy or how We use Your Data please contact our Data Protection Lead at support@pitchero.com. This is in addition to your right to contact the Information Commissioners Office if you are unsatisfied with our response to any issues you raise at https://ico.org.uk/global/contact-us.
Terms and Conditions
1
General
1.1
www.pitchero.com is operated by Pitch Hero Limited ("We" "Us" "Our" "Pitchero"). We are registered in England and Wales under company number 06361033 and have Our registered office at Sterling House, Capitol Park East, Tingley, Leeds, West Yorkshire, WF3 1DR.
1.2
This document (together with the documents referred to in it) tells you the terms of service (“Club Terms”) that apply to any club/league/county entity (“Club”) when you set up a new site (“Club Account”) using Our website www.pitchero.com (“Website”), which provides a website creation service and social network platform (“Service”). The Club Terms constitute the terms between Pitchero and the Club.
1.3
The individual who creates the Club Account on behalf of the Club (“Webmaster” “You”) undertake that You have the necessary authority to enter into the Club Terms on behalf of the Club. Both You and any other person to whom you give administrative access to and/or control of the Club Account (“Officials”) must ensure adherence to the Club Terms on behalf of the Club.
1.4
By creating a Club Account, you indicate that you accept these Club Terms and that You agree to abide by them. If You do not agree to these terms of use, please refrain from creating a Club Account. We reserve the right to update and change the Club Terms from time to time and your continued use of the Services will constitute your acceptance of such changes.. The terms are additional to the Terms You agreed to when signing up to Our Website. If there is any conflict between the Terms and these Club Terms, the Club Terms shall prevail.
2
Creation of a club account
2.1
To create a Club Account You must have a valid Pitchero ID and be aged 18 or over. As Webmaster You are responsible for the operation and administration of the Club Account.
2.2
You agree to immediately notify Us in writing of any unauthorised use of the Club Account or any other breach of security and You must ensure that You exit from your the Club Account at the end of each session. We will not be liable for any loss or damage arising from your failure to comply with this clause 2.2.
2.3
You agree to provide true, accurate, current and complete information about yourself and the Club (“Registration Data”) as prompted by the Club Account registration form, and You must maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If You provide any information that is untrue, inaccurate, not current or incomplete, or We have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, We have the right to suspend or terminate your individual account and/or the Club Account and refuse any and all current or future use of the Service (or any part thereof).
3
Charges and payment
3.1
Some of our packages are only available if You/the Club pay for them. The charges for the different packages are shown on the Website and are inclusive of VAT.
3.2
You/the Club can pay for a package online by credit card or by setting up a monthly direct debit (preferred method). You can also pay by cheque or electronic bank transfer although these methods will incur a £15 administration charge. If You/the Club want to pay by bank transfer our bank details are available upon request. Cheques should be made payable to Pitch Hero Ltd and posted to Pitchero, Sterling House, Capitol Park East, Tingley, Leeds, West Yorkshire, WF3 1DR for the attention of Pitchero Support Team.
3.3
All payments (except cheques) are processed via 3rd party payment providers and We will not have access to Your card and/or bank details at any time.
3.4
The charges will be payable in advance and You can choose whether to pay monthly or annually. If You pay online by credit card or direct debit We will automatically take payment each month/year (as applicable) and will continue to do so until You advise us otherwise.
3.5
You can cancel a package at any time via your website control panel. You can also send us a cancellation request via email to support@pitchero.com, or in writing to our postal address. Please include your contact details in case We have an issue with processing your request.
3.6
If We accidentally take payment after you have given us notice that You/the Club no longer wish to pay for a package We will refund you in full. We may also issue you with a refund if any of the package features are not available, but only if the unavailability is due to our act or omission.
3.7
You may upgrade or downgrade packages at any time by selecting the package you want on the Website. If You upgrade to a higher package, the higher package will be available to You as soon as You/the Club have paid the relevant charges. If you downgrade to a lower value package, You/the Club will be charged the lower amount when your next schedules payment is due. For the avoidance of doubt, You/the Club will not be issued a refund if You/the Club downgrade or cancel part way through a month (if paying monthly) or year (if paying annually).
3.8
If We are unable to collect payment for any reason or You/the Club fail to pay the charges, We may suspend the features of the relevant package until we receive payment in full and in cleared funds.
3.9
We reserve the right to change the charges at any time by giving You/the Club not less than 30 days’ notice.
3.10
Some of our packages include the registration of a domain name. If You already have a domain name, You may transfer it into our system.
3.11
We also provide electronic mailboxes and forwarding addresses. Please see the pricing page for the limits per package.
3.12
We will cover the cost of your domain name registration and any mailboxes or forwarding addresses for as long as you continue to pay for your package.
3.13
If you cancel your subscription or fail to pay for your website package, you may experience interruption to your domain name and associated mailbox service.
3.14
All domain names and associated mailboxes are processed via a 3rd party registrar and will be administered by Us. You will continue to own the domain.
3.15
You can transfer the domain name to another registrar/provider. An administration fee of £25 is incurred in order to process the transfer. Please email support@pitchero.com for details of this process.
4
Transaction fees
4.1
Our shop and payments system allows You to collect money from your members.
4.2
Each transaction carries a transaction fee to us and also to the relevant payment provider. Our standard transaction fee is 2.9%. It is possible reduce this to 1.9% by subscribing to the Elite package or 0.9% by subscribing to the Ultimate package. The transaction fee is inclusive of VAT. Exports from the shop and payments systems will separate the VAT.
4.3
Current payment provider transaction fees are available via their respective websites. At the time of writing, provider fees for UK clubs are:
4.3.1
GoCardless: 1% (min: 20p, max: £2)
4.3.2
Stripe: 1.4% + 20p
4.4
Because the payment providers offer a financial service only, there is no VAT to pay on their transaction fee.
4.5
Clubs outside of the UK should see provider websites for pricing specific to their location: GoCardless (Director debit/SEPA), Stripe (Credit & debit cards).
5
Cancellation and termination
5.1
If You cancel the Club Account, the cancellation will take effect immediately. After cancellation the Club Account will be de-activated and will no longer be accessible by the public, by You or the Club Account members unless You expressly require us to do so, We will not close the Club Account and will keep this in existence so We can try find someone who will take over the Club Account. Where You require us to close the Club Account, You will have the opportunity to copy and paste information and content from the Club Account prior to its closure. When a Club Account is closed all information therein may be deleted and We accept no liability for such deleted information or consent.
5.2
We may, in our sole discretion, terminate and/or suspend the Club Account and remove and discard any content within the Club Account for any reason, including without limitation, if We believe that You have violated or acted inconsistently with the Club Terms.
5.3
You agree that any termination of your access to the Service under these Club Terms may be effected without prior notice and you acknowledge that We may immediately deactivate or delete the Club Account and all related information and files. We reserve the right to bar any further access to such files or the Service. We will not be liable to You or any third-party for any termination of your access to the Service.
6
Data and privacy
6.1
For the purpose of this clause 6, “Data Protection Legislation” means the Data Protection Act 1998 as amended, extended, re-enacted or consolidated from time to time, including without limitation, the implementation of the General Data Protection Regulation (EU) 2016/679 and any other relevant laws (having regard to the geographic location of users of the Website) relating to the protection of data throughout the world from time to time.
6.2
We understand that You will collect data from members during the administration of the Club Account. You may also upload other information onto our Website such as (without limitation) fixture lists, team line ups, match scores, match summaries, videos and photos (“Club Data”). Where such data is personal data (as defined by Data Protection Legislation) You will be the data controller (as defined by Data Protection Legislation) and You shall ensure that You comply with all Your obligations as data controller when using such data including but not limited to:
6.2.1
ensuring that adequate privacy notices have been provided to data subjects (as defined by Data Protection Legislation) (including the Members) so they understand the circumstances their personal data will be shared with Us, and the purposes of the data sharing; and
6.2.2
ensuring that appropriate consent has been obtained from the data subject where required to allow their personal data to be used by Us and shared with third parties as set out in our privacy policy available on our website.
6.3
We have provided a GDPR toolkit on our website which will assist You/the Club in your compliance with Data Protection Legislation. This information should be used as a guide only and we strongly recommend that you seek your own legal advice and/or refer to the Information Commissioner’s Office guidance on its website for further information.
6.4
The Club will indemnify Us against any claims, losses, damage or fines We incur due to Your breach of clauses 6.2 and 6.6.
6.5
When you upload any videos or photos onto Our Website, You and the Club agree to grant us a licence in accordance with clause 9.2 and We shall be free to use such videos/photos as We see fit. Where this happens, We will become data controller in respect of the videos/photos. Where you upload videos or photos of third parties, you will be asked to confirm you have their consent to do so.
6.6
The Club and Pitchero shall comply in all respects with the provisions of Data Protection Legislation in our capacity as data controllers in relation to all information made available to each other.
7
Ownership of club account and security
7.1
You are responsible for maintaining the security of the Club Account and You are fully responsible for all activities that occur under the Club Account. You agree to notify Us immediately in writing of any unauthorised use of the Club Account or any other breaches of security.
7.2
If and when You decide to add an Official to the Club Account, You must ensure that such person is over the age of 18.
7.3
The Official will have administrative access to the Club Account you must ensure that the person is a responsible adult as they will have access to personal data and/or sensitive personal data. We strongly advise You carry out any necessary backgrounds check before appointing an Official, especially if the Club Account has members who are under the age of 18.
7.4
We will not be liable for any loss or damage from Your failure to comply with this clause 7. Under no circumstances will We be liable, in any way, for any acts or omissions by an Official or a Member.
8
Content and conduct rules and obligations
8.1
All information, data, text, software, music, sound, photographs, graphics, video, messages, goods, products, services or other materials ("Content") are the sole responsibility of the person from which such Content originated. As Web Master You have a responsibility to moderate any such Content on the Club Account and remove it where you think it is inappropriate. We do not control the Content posted via the Service and, as such, do not guarantee the accuracy, integrity or quality of such Content.
8.2
We may preserve Content and may also disclose Content if required to do so by law or if We believe, in the good faith, that such preservation or disclosure is reasonably necessary to:
8.2.1
comply with legal process;
8.2.2
enforce these Club Terms;
8.2.3
respond to claims that any Content violates the rights of third-parties; or
8.2.4
protect the rights, property, or personal safety of Pitchero, its users and the public.
8.3
Notwithstanding Your duty to moderate the Club Account, should Content be found or reported to be in violation of these Club Terms or the Terms, it will be in Pitchero's sole discretion as to what action should be taken.
9
Intellectual property rights
9.1
We are the owner or the licensee of all intellectual property rights in the Service, Website, and in the material We publish on it and any necessary software used in connection with the Service ("Software”). These works are protected by copyright laws and treaties around the world. All such rights are reserved. Except as expressly authorised by Us or advertisers, You agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Service or the Software, in whole or in part.
9.2
Subject to clause 6.5, We do not claim ownership of the Content You or your members place on the Club Account. By submitting Content to Pitchero for inclusion on the Club Account, you grant Us a world-wide, royalty-free and non-exclusive perpetual licence to reproduce, modify, adapt, distribute, sub-licence and publish the Content. You and any Official will not upload any Content unless you have the right to grant a Licence in accordance with this clause.
10
Indemnity
10.1
The Club shall agree to indemnify Us, and Our subsidiaries, affiliates, officers, directors, agents, co-branders or other partners, from any claim or demand, including reasonable legal fees, made by any third party due to or arising out of any Content, Your use of the Service, Your members’ activities, Your connection to the Service, your violation of these Club Terms. You are solely responsible for Your actions when using the Service, including, but not limited to, costs incurred for Internet access.
11
Disclaimer
11.1
You expressly understand and agree that where You use the Service, this is at your/the Club's sole risk. The Service is provided on an "as is" and "as available" basis. We expressly disclaim all warranties of any kind, whether express or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement.
11.2
We will make reasonable efforts to maintain the Service, however, We are not responsible for any damage, loss of data, customer information or vendor data, revenue, or other harm to business arising out of delays, mis-delivery or non-delivery of information, restriction or loss of access, bugs or other errors, unauthorised use due to You sharing access to the Service, or other interaction with the Service. You are responsible for maintaining and backing-up your data and information that may reside on the Service.
11.3
We do not warrant that:
11.3.1
the Service will meet your specific requirements;
11.3.2
the Service will be uninterrupted, timely, secure, or error-free;
11.3.3
the results that may be obtained from the use of the Service will be accurate or reliable;
11.3.4
the quality of any products, services, information, or other material purchased or obtained by you through the service will meet your expectations; and
11.3.5
any errors in the software will be corrected.
11.4
Any material downloaded or otherwise obtained through the use of the Service is done at your own discretion and risk and that You and any Official will be solely responsible for any damage to your computer system or loss of data that results from the download of any such material.
11.5
No advice or information, whether oral or written, obtained through or from the Service shall create any warranty not expressly stated in these Terms.
12
Limitation of liability
12.1
To the extent permitted by law, We, other members of Our group of companies and third parties connected to Us hereby expressly exclude:
12.1.1
all conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity; and
12.1.2
any liability for any direct, indirect or consequential loss or damage incurred by any user in connection with Our Website or in connection with the use, inability to use, or results of the use of Our Website, any websites linked to it and any materials posted on it, including:
12.1.2.1
loss of income or revenue;
12.1.2.2
loss of business;
12.1.2.3
loss of profits or contracts;
12.1.2.4
loss of anticipated savings;
12.1.2.5
loss of data;
12.1.2.6
loss of goodwill; and
12.1.2.7
wasted management or office time, whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable, provided that this condition shall not prevent claims for loss of or damage to your tangible property or any other claims for direct financial loss that are not excluded by any of the categories set out above.
12.1.3
This does not affect Our liability for death or personal injury arising from Our negligence, or Our liability for fraudulent misrepresentation or misrepresentation as to a fundamental matter, or any other liability which cannot be excluded or limited under applicable law.
13
General
13.1
Failure by Us to exercise or enforce any right or provision of these Club Terms shall not constitute a waiver of such right or provision.
13.2
These Club Terms constitute the entire agreement between you and Us in relation to the operation of any Club Account and supersede any prior agreements.
13.3
If a court says that part of this agreement is not enforceable in law the rest of the agreement shall still be enforceable.
13.4
The English courts will have exclusive jurisdiction over any claim arising from, or related to, a visit to Our Website although We retain the right to bring proceedings against you for breach of these conditions in your country of residence or any other relevant country.
13.5
These Club Terms and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of England and Wales.
14
Contact us
14.1
If You have any questions, comments or concerns regarding these Club Terms please contact us at support@pitchero.com or write to us at Pitch Hero Limited, Sterling House, Capitol Park East, Tingley, Leeds, West Yorkshire, WF3 1DR.
14.2
Please report any violations of these Club Terms to support@pitchero.com.
General
1.1
www.pitchero.com is operated by Pitch Hero Limited ("We" "Us" "Our" "Pitchero"). We are registered in England and Wales under company number 06361033 and have Our registered office at Sterling House, Capitol Park East, Tingley, Leeds, West Yorkshire, WF3 1DR.
1.2
This document (together with the documents referred to in it) tells you the terms of service (“Club Terms”) that apply to any club/league/county entity (“Club”) when you set up a new site (“Club Account”) using Our website www.pitchero.com (“Website”), which provides a website creation service and social network platform (“Service”). The Club Terms constitute the terms between Pitchero and the Club.
1.3
The individual who creates the Club Account on behalf of the Club (“Webmaster” “You”) undertake that You have the necessary authority to enter into the Club Terms on behalf of the Club. Both You and any other person to whom you give administrative access to and/or control of the Club Account (“Officials”) must ensure adherence to the Club Terms on behalf of the Club.
1.4
By creating a Club Account, you indicate that you accept these Club Terms and that You agree to abide by them. If You do not agree to these terms of use, please refrain from creating a Club Account. We reserve the right to update and change the Club Terms from time to time and your continued use of the Services will constitute your acceptance of such changes.. The terms are additional to the Terms You agreed to when signing up to Our Website. If there is any conflict between the Terms and these Club Terms, the Club Terms shall prevail.
2
Creation of a club account
2.1
To create a Club Account You must have a valid Pitchero ID and be aged 18 or over. As Webmaster You are responsible for the operation and administration of the Club Account.
2.2
You agree to immediately notify Us in writing of any unauthorised use of the Club Account or any other breach of security and You must ensure that You exit from your the Club Account at the end of each session. We will not be liable for any loss or damage arising from your failure to comply with this clause 2.2.
2.3
You agree to provide true, accurate, current and complete information about yourself and the Club (“Registration Data”) as prompted by the Club Account registration form, and You must maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If You provide any information that is untrue, inaccurate, not current or incomplete, or We have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, We have the right to suspend or terminate your individual account and/or the Club Account and refuse any and all current or future use of the Service (or any part thereof).
3
Charges and payment
3.1
Some of our packages are only available if You/the Club pay for them. The charges for the different packages are shown on the Website and are inclusive of VAT.
3.2
You/the Club can pay for a package online by credit card or by setting up a monthly direct debit (preferred method). You can also pay by cheque or electronic bank transfer although these methods will incur a £15 administration charge. If You/the Club want to pay by bank transfer our bank details are available upon request. Cheques should be made payable to Pitch Hero Ltd and posted to Pitchero, Sterling House, Capitol Park East, Tingley, Leeds, West Yorkshire, WF3 1DR for the attention of Pitchero Support Team.
3.3
All payments (except cheques) are processed via 3rd party payment providers and We will not have access to Your card and/or bank details at any time.
3.4
The charges will be payable in advance and You can choose whether to pay monthly or annually. If You pay online by credit card or direct debit We will automatically take payment each month/year (as applicable) and will continue to do so until You advise us otherwise.
3.5
You can cancel a package at any time via your website control panel. You can also send us a cancellation request via email to support@pitchero.com, or in writing to our postal address. Please include your contact details in case We have an issue with processing your request.
3.6
If We accidentally take payment after you have given us notice that You/the Club no longer wish to pay for a package We will refund you in full. We may also issue you with a refund if any of the package features are not available, but only if the unavailability is due to our act or omission.
3.7
You may upgrade or downgrade packages at any time by selecting the package you want on the Website. If You upgrade to a higher package, the higher package will be available to You as soon as You/the Club have paid the relevant charges. If you downgrade to a lower value package, You/the Club will be charged the lower amount when your next schedules payment is due. For the avoidance of doubt, You/the Club will not be issued a refund if You/the Club downgrade or cancel part way through a month (if paying monthly) or year (if paying annually).
3.8
If We are unable to collect payment for any reason or You/the Club fail to pay the charges, We may suspend the features of the relevant package until we receive payment in full and in cleared funds.
3.9
We reserve the right to change the charges at any time by giving You/the Club not less than 30 days’ notice.
3.10
Some of our packages include the registration of a domain name. If You already have a domain name, You may transfer it into our system.
3.11
We also provide electronic mailboxes and forwarding addresses. Please see the pricing page for the limits per package.
3.12
We will cover the cost of your domain name registration and any mailboxes or forwarding addresses for as long as you continue to pay for your package.
3.13
If you cancel your subscription or fail to pay for your website package, you may experience interruption to your domain name and associated mailbox service.
3.14
All domain names and associated mailboxes are processed via a 3rd party registrar and will be administered by Us. You will continue to own the domain.
3.15
You can transfer the domain name to another registrar/provider. An administration fee of £25 is incurred in order to process the transfer. Please email support@pitchero.com for details of this process.
4
Transaction fees
4.1
Our shop and payments system allows You to collect money from your members.
4.2
Each transaction carries a transaction fee to us and also to the relevant payment provider. Our standard transaction fee is 2.9%. It is possible reduce this to 1.9% by subscribing to the Elite package or 0.9% by subscribing to the Ultimate package. The transaction fee is inclusive of VAT. Exports from the shop and payments systems will separate the VAT.
4.3
Current payment provider transaction fees are available via their respective websites. At the time of writing, provider fees for UK clubs are:
4.3.1
GoCardless: 1% (min: 20p, max: £2)
4.3.2
Stripe: 1.4% + 20p
4.4
Because the payment providers offer a financial service only, there is no VAT to pay on their transaction fee.
4.5
Clubs outside of the UK should see provider websites for pricing specific to their location: GoCardless (Director debit/SEPA), Stripe (Credit & debit cards).
5
Cancellation and termination
5.1
If You cancel the Club Account, the cancellation will take effect immediately. After cancellation the Club Account will be de-activated and will no longer be accessible by the public, by You or the Club Account members unless You expressly require us to do so, We will not close the Club Account and will keep this in existence so We can try find someone who will take over the Club Account. Where You require us to close the Club Account, You will have the opportunity to copy and paste information and content from the Club Account prior to its closure. When a Club Account is closed all information therein may be deleted and We accept no liability for such deleted information or consent.
5.2
We may, in our sole discretion, terminate and/or suspend the Club Account and remove and discard any content within the Club Account for any reason, including without limitation, if We believe that You have violated or acted inconsistently with the Club Terms.
5.3
You agree that any termination of your access to the Service under these Club Terms may be effected without prior notice and you acknowledge that We may immediately deactivate or delete the Club Account and all related information and files. We reserve the right to bar any further access to such files or the Service. We will not be liable to You or any third-party for any termination of your access to the Service.
6
Data and privacy
6.1
For the purpose of this clause 6, “Data Protection Legislation” means the Data Protection Act 1998 as amended, extended, re-enacted or consolidated from time to time, including without limitation, the implementation of the General Data Protection Regulation (EU) 2016/679 and any other relevant laws (having regard to the geographic location of users of the Website) relating to the protection of data throughout the world from time to time.
6.2
We understand that You will collect data from members during the administration of the Club Account. You may also upload other information onto our Website such as (without limitation) fixture lists, team line ups, match scores, match summaries, videos and photos (“Club Data”). Where such data is personal data (as defined by Data Protection Legislation) You will be the data controller (as defined by Data Protection Legislation) and You shall ensure that You comply with all Your obligations as data controller when using such data including but not limited to:
6.2.1
ensuring that adequate privacy notices have been provided to data subjects (as defined by Data Protection Legislation) (including the Members) so they understand the circumstances their personal data will be shared with Us, and the purposes of the data sharing; and
6.2.2
ensuring that appropriate consent has been obtained from the data subject where required to allow their personal data to be used by Us and shared with third parties as set out in our privacy policy available on our website.
6.3
We have provided a GDPR toolkit on our website which will assist You/the Club in your compliance with Data Protection Legislation. This information should be used as a guide only and we strongly recommend that you seek your own legal advice and/or refer to the Information Commissioner’s Office guidance on its website for further information.
6.4
The Club will indemnify Us against any claims, losses, damage or fines We incur due to Your breach of clauses 6.2 and 6.6.
6.5
When you upload any videos or photos onto Our Website, You and the Club agree to grant us a licence in accordance with clause 9.2 and We shall be free to use such videos/photos as We see fit. Where this happens, We will become data controller in respect of the videos/photos. Where you upload videos or photos of third parties, you will be asked to confirm you have their consent to do so.
6.6
The Club and Pitchero shall comply in all respects with the provisions of Data Protection Legislation in our capacity as data controllers in relation to all information made available to each other.
7
Ownership of club account and security
7.1
You are responsible for maintaining the security of the Club Account and You are fully responsible for all activities that occur under the Club Account. You agree to notify Us immediately in writing of any unauthorised use of the Club Account or any other breaches of security.
7.2
If and when You decide to add an Official to the Club Account, You must ensure that such person is over the age of 18.
7.3
The Official will have administrative access to the Club Account you must ensure that the person is a responsible adult as they will have access to personal data and/or sensitive personal data. We strongly advise You carry out any necessary backgrounds check before appointing an Official, especially if the Club Account has members who are under the age of 18.
7.4
We will not be liable for any loss or damage from Your failure to comply with this clause 7. Under no circumstances will We be liable, in any way, for any acts or omissions by an Official or a Member.
8
Content and conduct rules and obligations
8.1
All information, data, text, software, music, sound, photographs, graphics, video, messages, goods, products, services or other materials ("Content") are the sole responsibility of the person from which such Content originated. As Web Master You have a responsibility to moderate any such Content on the Club Account and remove it where you think it is inappropriate. We do not control the Content posted via the Service and, as such, do not guarantee the accuracy, integrity or quality of such Content.
8.2
We may preserve Content and may also disclose Content if required to do so by law or if We believe, in the good faith, that such preservation or disclosure is reasonably necessary to:
8.2.1
comply with legal process;
8.2.2
enforce these Club Terms;
8.2.3
respond to claims that any Content violates the rights of third-parties; or
8.2.4
protect the rights, property, or personal safety of Pitchero, its users and the public.
8.3
Notwithstanding Your duty to moderate the Club Account, should Content be found or reported to be in violation of these Club Terms or the Terms, it will be in Pitchero's sole discretion as to what action should be taken.
9
Intellectual property rights
9.1
We are the owner or the licensee of all intellectual property rights in the Service, Website, and in the material We publish on it and any necessary software used in connection with the Service ("Software”). These works are protected by copyright laws and treaties around the world. All such rights are reserved. Except as expressly authorised by Us or advertisers, You agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Service or the Software, in whole or in part.
9.2
Subject to clause 6.5, We do not claim ownership of the Content You or your members place on the Club Account. By submitting Content to Pitchero for inclusion on the Club Account, you grant Us a world-wide, royalty-free and non-exclusive perpetual licence to reproduce, modify, adapt, distribute, sub-licence and publish the Content. You and any Official will not upload any Content unless you have the right to grant a Licence in accordance with this clause.
10
Indemnity
10.1
The Club shall agree to indemnify Us, and Our subsidiaries, affiliates, officers, directors, agents, co-branders or other partners, from any claim or demand, including reasonable legal fees, made by any third party due to or arising out of any Content, Your use of the Service, Your members’ activities, Your connection to the Service, your violation of these Club Terms. You are solely responsible for Your actions when using the Service, including, but not limited to, costs incurred for Internet access.
11
Disclaimer
11.1
You expressly understand and agree that where You use the Service, this is at your/the Club's sole risk. The Service is provided on an "as is" and "as available" basis. We expressly disclaim all warranties of any kind, whether express or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement.
11.2
We will make reasonable efforts to maintain the Service, however, We are not responsible for any damage, loss of data, customer information or vendor data, revenue, or other harm to business arising out of delays, mis-delivery or non-delivery of information, restriction or loss of access, bugs or other errors, unauthorised use due to You sharing access to the Service, or other interaction with the Service. You are responsible for maintaining and backing-up your data and information that may reside on the Service.
11.3
We do not warrant that:
11.3.1
the Service will meet your specific requirements;
11.3.2
the Service will be uninterrupted, timely, secure, or error-free;
11.3.3
the results that may be obtained from the use of the Service will be accurate or reliable;
11.3.4
the quality of any products, services, information, or other material purchased or obtained by you through the service will meet your expectations; and
11.3.5
any errors in the software will be corrected.
11.4
Any material downloaded or otherwise obtained through the use of the Service is done at your own discretion and risk and that You and any Official will be solely responsible for any damage to your computer system or loss of data that results from the download of any such material.
11.5
No advice or information, whether oral or written, obtained through or from the Service shall create any warranty not expressly stated in these Terms.
12
Limitation of liability
12.1
To the extent permitted by law, We, other members of Our group of companies and third parties connected to Us hereby expressly exclude:
12.1.1
all conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity; and
12.1.2
any liability for any direct, indirect or consequential loss or damage incurred by any user in connection with Our Website or in connection with the use, inability to use, or results of the use of Our Website, any websites linked to it and any materials posted on it, including:
12.1.2.1
loss of income or revenue;
12.1.2.2
loss of business;
12.1.2.3
loss of profits or contracts;
12.1.2.4
loss of anticipated savings;
12.1.2.5
loss of data;
12.1.2.6
loss of goodwill; and
12.1.2.7
wasted management or office time, whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable, provided that this condition shall not prevent claims for loss of or damage to your tangible property or any other claims for direct financial loss that are not excluded by any of the categories set out above.
12.1.3
This does not affect Our liability for death or personal injury arising from Our negligence, or Our liability for fraudulent misrepresentation or misrepresentation as to a fundamental matter, or any other liability which cannot be excluded or limited under applicable law.
13
General
13.1
Failure by Us to exercise or enforce any right or provision of these Club Terms shall not constitute a waiver of such right or provision.
13.2
These Club Terms constitute the entire agreement between you and Us in relation to the operation of any Club Account and supersede any prior agreements.
13.3
If a court says that part of this agreement is not enforceable in law the rest of the agreement shall still be enforceable.
13.4
The English courts will have exclusive jurisdiction over any claim arising from, or related to, a visit to Our Website although We retain the right to bring proceedings against you for breach of these conditions in your country of residence or any other relevant country.
13.5
These Club Terms and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of England and Wales.
14
Contact us
14.1
If You have any questions, comments or concerns regarding these Club Terms please contact us at support@pitchero.com or write to us at Pitch Hero Limited, Sterling House, Capitol Park East, Tingley, Leeds, West Yorkshire, WF3 1DR.
14.2
Please report any violations of these Club Terms to support@pitchero.com.