Privacy Policy - Pitchero

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 the users of PITCHERO.COM and PITCHEROGPS.COM platforms (which we collectively refer to in this privacy policy as the "Services"), internet and mobile application based services ("Mobile Apps") and websites ("Sites") seriously. We are the data controller and we will process your personal data in accordance with the Data Protection Act 2018, the Privacy and Electronic Communications 2003 and the General Data Protection Regulation which applies across the European Union and the United Kingdom 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 any of our Services as a user with a registered account the PITCHERO.COM platform as (a "Registered User"), when you visit our Sites, use our Mobile Apps (including the club app and, the manager app and the PitcheroGPS app), or provide information to us in any other way. Please read the following carefully to understand our views and practices regarding your personal data and how we will treat it.

1.3: Where we process the data of a Registered User, a user of our Sites or someone who provides information about themselves directly to us, we will be the data controller. Unregistered users (such as unregistered Club Members or unregistered Players that use our player trackers as part of our PitcheroGPS service) are individuals whose details we may process, as a data-processor, on behalf of the Registered User ("Unregistered User"). This policy explains how we collect and why we process data as a data controller.

1.4: If you are one of our suppliers or an Unregistered User please see sections 5 and 7 of this privacy 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 your name, age, address, role at a club, email address and mobile telephone number (and where applicable, your login name and password), GPS location data and timestamps where you subscribe to the PitcheroGPS Service, performance metrics such as speed and acceleration when involved in sporting activities, 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 uploaded via our Sites or Mobile Apps or otherwise through your interaction with our Services at any time. We may create de-identified or anonymous data from personal data by excluding data components (such as your name, email address, or linkable tracking ID) that makes the data personally identifiable to you. Our use of anonymized and de-identified data is not subject to this Privacy Policy.

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 our Sites we may, with your consent, 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 for an account or interact with our Services;

3.1.3: whenever you (or a third party, in the case of Unregistered Users, or where a parent or guardian provides your information) provide Your Data on an online form on our Sites or Mobile Apps (for example, when you submit video, images, data and other material when you enter competitions or free prize draws etc);

3.1.4: whenever you provide Your Data to us when reporting a problem with our Sites, Mobile Apps, Services or products, 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 our Sites, Mobile Apps, Services 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 Sites use cookies to distinguish you from other users of our Sites. This helps us to provide you with a good experience when you browse our Sites and also allows us to improve our Sites. For detailed information on the cookies we use and the purposes for which we use them see our Cookie Policy. You can also manage your consent to our use of cookies on the Site’s landing page

4. How we use your information

4.1

We use Your Data mainly to perform our contract with you and provide our Services, which includes to:

4.1.1: process your registration to use our Services and provide you with a user name and password and to fulfil orders for products

4.1.2: provide you with information, products or services that you request from us;

4.1.3: ensure security of your account;

4.1.4: allow you to participate in interactive features of our service, should you choose to do so;

4.1.5: notify you about changes to our Services;

4.1.6: process and deal with any complaints or enquiries made by you; and

4.1.7: Investigate any suspected breach of our Terms of Service by or otherwise relating to you, in each case in accordance with our Terms of Service.

4.2: We may use Your Data to contact you for marketing purposes with your consent, or if you have interacted with our service and it is permitted by applicable data protection laws, where it is in our legitimate interest. Please see Section 9 for further details.

4.3: We may share Your Data with our trusted third parties who help to facilitate our Service or otherwise where it is in our legitimate interest to improve our Services - see sections 9 and 10 of this policy for further details. We do not sell your data.

5. Unregistered Members

5.1: Where you do not have an account with us and your personal data is uploaded to one of our Services by a third party (for example, via a club website), we may share your personal data such as, in connection with our Pitchero platform, your name, position, photographs, video footage and times and dates of sporting matches you participate in to news organisations or other third party platform/social media organisations for the purpose of sports coverage or our own marketing. Clubs may also share your personal data for their own purposes such as sharing match results and promotion of the Club’s activities. We do not share or syndicate personal data relating to children under the age of 14. You may 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, subject to exercising your rights detailed in section 15 of this policy, we retain Your Data for as long as you remain a Registered User or, in the case of our Pitchero platform, also an active user of your account. Where there has not been any activity on your Pitchero service 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 Pitchero account or we do not hear further from you, your account will be de-activated and Your Data will be deleted or anonymised so that you cannot be identified from the information. 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 an Unregistered User or a Registered User whose personal data has been uploaded to the Services, we will store Your Data on our servers, in the case of the Pitchero service, for the benefit of your club for as long as your Club requires and, in the case of PitcheroGPS, for as long as we have an agreement with your club (we do not use this information for our own purposes save for in a de-identified and anonymised form). For details on how long Your Data is retained by you club, please contact your club direct. For the avoidance of doubt where you are an Unregistered User the relevant Club or third party who has registered the account is responsible for deactivating any user profile or information about you as the controller of your information.

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 where permitted under applicable laws, market research and related purposes, such as:

9.1.1: 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;

9.1.2: 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.

9.1.3: 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.

9.2: 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.

9.3

Your right to opt-out - You have a right to opt-out of receiving any marketing information (from us and/or a third party) at any time. To opt-out of receiving such information you can:

9.3.1: amend your preferences accordingly in your on-line account (for Pitchero, accessible here and, for PitcheroGPS, accessible here); or

9.3.2: use the facility contained in any marketing communication you receive; or

9.3.3: email us at support@pitchero.com.

9.4: 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 (such as name, performance statistics, images) to third parties to fulfil our contractual obligations with you or for our legitimate interests as follows:

10.1.1: to our employees and agents to administer your online 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 our Sites’ and/or Mobile Apps' 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: in the case of Pitchero, to the Press Association for the purpose of press coverage;

10.1.8: to analytical businesses who use information about players and members of the management team to generate athletic/skill profiles of such individuals;

10.1.9: 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;

10.1.10: 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;

10.1.11: to governing and representative bodies of sport and recreation including local and county leagues to improve the management and co-ordination of sport within their territory, and, where we have your consent, undertake marketing and survey participation;

10.1.12: 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);

10.1.13: 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;

10.1.14: in the case of Pitchero, to Planet Sport 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 Sites. Please note that the only information we share with Planet Sport 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. Planet Sport are 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 Planet Sport will treat this data by viewing Planet Sport'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.

10.1.15: To YouTube (a part of Google) when the relevant Service allows you add a YouTube video to your account with us, this functionality (which uses YouTube API Services) is subject to the YouTube terms of service, and the Google Privacy Policy

11. Cross border data transfers

11.1: We host our data within the European Economic Area (EEA). However, some of our third party software providers may process your personal data outside of the United Kingdom and EEA. Whenever we share your personal data outside of the United Kingdom or EEA, we ensure adequate levels of protection approved by the relevant supervisory authorities are in place for the security of your personal data.

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 the Services, 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 our Services. 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: Our Sites and Mobile Apps 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 you may update your data contained in your online account at any time (for Pitchero, accessible here and, for PitcheroGPS, accessible here).

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; and

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 rights referred 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.

15.6: You can manage many of your consents and privacy settings via the Privacy Manager which is accessed by clicking here.

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.