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Terms and Conditions of Use
Last updated: 12 September 2019
THE FOLLOWING TERMS AND CONDITIONS (“TERMS”) GOVERN YOUR USE OF THIS WEBSITE / APP / SERVICE AND UNDERLYING SOFTWARE / NETWORK.
THESE TERMS CONSTITUTE A LEGAL AGREEMENT BETWEEN YOU AND EVOLVE AUDIO VISUAL (PTY) LTD.
BY ACCESSING, DOWNLOADING, INSTALLING, VIEWING, USING AND / OR LINKING TO OR FROM THIS WEBSITE / APP, YOU ACCEPT AND AGREE TO BE BOUND BY THESE TERMS.
Company Details
SARU refers to the South African Rugby Union, the governing body for rugby in South Africa.
CELTIC RUGBY refers to Celtic Rugby DAC, the governing body for the Guinness PRO14 tournament.
Evolve Audio Visual (Pty) Ltd (Evolve) is a South African company with registration no. 2010/006156/07. Evolve Audio Visual (Pty) Ltd provides services relating to information technology, software development, information processing, database construction, management and administration.
In these Terms, any reference to SARU OR CELTIC RUGBY includes Evolve Audio Visual (Pty) Ltd as the relevant service provider and includes all entities’ officers, directors, shareholders, employees, licensors, licensees, content / service providers, parent organisations, subsidiaries, affiliates, attorneys and agents.
The Service / Software
FootprintAPP™ is a data management and rugby administration software system that facilitates the input, collection and analysis of data and information.
For convenience, these Terms refer to the “Service” which includes the website located at https://www.footprintapp.net, the FootprintAPP™ software applications or “apps”, related services and network, underlying software and content featured on, or accessed through, the FootprintAPP™ website or apps.
License Grant and Restrictions
Evolve hereby grants you a non-exclusive, non-transferable, right to use the Service, solely for your own personal, non-commercial purposes, subject to these Terms. All rights not expressly granted to you are reserved by Evolve.
Using the Service
You may only access the Service using authorised means.
By using the Service, you agree that:
Privacy
Evolve understands that your privacy is important to you and that you care about how your personal data is used. We respect and value the privacy of our members and will only collect and use personal data in ways that are described here, and in a way that is consistent with our obligations and your rights under the law.
Personal Data
Personal data is defined by the General Data Protection Regulation (EU Regulation 2016/679) (the “GDPR”) and POPI (Protection of Personal Information Act 2013) as ‘any information relating to an identifiable person who can be directly or indirectly identified in particular by reference to an identifier’.
Personal data is, in simpler terms, any information about you that enables you to be identified. Personal data covers obvious information such as your name and contact details, but it also covers less obvious information such as identification numbers, electronic location data, and other online identifiers.
What data do we collect?
Depending upon your use of the Service, we may collect some or all of the following personal [and non-personal] data (please also see Part 14 on our use of Cookies and similar technologies and our Cookie Policy:
Name;
Date of birth;
Gender;
Demographic;
Email address;
Telephone number;
Passport information;
Club/Team name;
IP address;
Web browser type and version;
Operating system;
A list of URLs starting with a referring site, your activity on FootprintApp.net, and the site you exit to;
How do we use your personal data?
Under the GDPR and POPI act, we must always have a lawful basis for using personal data. This may be because the data is necessary for our performance of a contract with you, because you have consented to our use of your personal data, or because it is in our legitimate business interests to use it. Your personal data may be used for one of the following purposes:
Providing and managing your Account;
Providing and managing your access to FootprintApp;
Personalising and tailoring your experience on FootprintAppr;
Supplying our Services to you. Your personal details are required in order for us to enter into a contract with you.
Personalising and tailoring our services for you.
Communicating with you. This may include responding to emails or calls from you.
Supplying you with information by email, SMS or Push Notification that you have opted-in to (you may unsubscribe or opt-out at any time.)
With your permission and/or where permitted by law, we may also use your personal data for publishing statistical information on our website(s). You will not be sent any unlawful marketing or spam. we will always work to fully protect your rights and comply with our obligations under the GDPR and the Privacy and Electronic Communications (EC Directive) Regulations 2003, POPI Act and you will always have the opportunity to opt-out
Intellectual Property
The Service, in particular the software and content featured or displayed on the website or app, including (but not limited to) text, audio, video, graphics, images, photographs, layout, or the selection and arrangement of these elements is owned, licensed or operated on behalf of Evolve and is protected by South African laws relating to copyright, trade marks and intellectual property in general.
Any reproduction (copying), screen shot, framing, embedding, downloading, streaming, adaptation, translation, publishing, transmission, broadcast or distribution of such content or any portion or element thereof is prohibited unless prior written permission to do so has been obtained from Evolve.
No permission to do any of these acts is either granted or implied. In particular, all rights in and to photographic images on this website are strictly reserved.
Unauthorised use in trade or commercial exploitation of intellectual property associated with this Service is prohibited.
Trade marks of various entities, including the name and likeness of certain individuals, are featured on the Service. Any unauthorised use of these trade marks, names or images is strictly prohibited.
Nothing contained in these Terms should be construed as granting, by implication or otherwise, any licence or right to use any of these trade marks, names or images without prior written permission.
User-Generated Content
By posting or submitting content to the Service, you automatically grant Evolve a non-exclusive, royalty-free, perpetual, irrevocable right and licence to use, reproduce, publish, translate, sub-license, copy and distribute such content in whole or in part worldwide, and to incorporate it in other works in any form, media, or technology now known or developed in future, for the full term of any copyright that may exist in such content – but only for the purpose of using the Service. Subject to this licence, you retain any and all rights that may exist in such content.
Representations and Warranties
By using the Service, you expressly represent and warrant that you are legally entitled to do so.
By using the Service, you represent and warrant that you are at least 18 years old and otherwise capable of entering into binding contracts. If you are under the age of 18, you must obtain your parents' or legal guardians' advance authorisation, permission and consent to access or use this Service.
These Terms, and the use of the Service, do not create a joint venture, partnership, employment, agency or other relationship between you, SARU or any third party.
Service Availability and Compatibility
SARU cannot guarantee that the Service will be uninterrupted or error-free or that it will operate in combination with any other software, system, data or specific hardware devices.
SARU is entitled, without notice and without liability, to suspend the Service for repair, maintenance, improvement or other technical reasons.
The Service may be subject to limitations, delays, and other problems inherent in the use of the Internet, telecommunications networks and electronic communications. SARU is not responsible for any delays, delivery failures, or other damage resulting from such problems.
Liability
These Terms do not in any way limit or exclude SARU’s liability for negligence causing death or personal injury or for fraudulent misrepresentation or for anything that may not legally be excluded or limited.
You must however give SARU a reasonable opportunity to remedy any matter for which it may potentially be liable before you incur any costs remedying the matter yourself.
Restriction on Liability
This Service is provided “as is” and you are using it at your own risk.
All conditions, representations and warranties, whether express, implied, statutory or otherwise, are hereby disclaimed to the maximum extent permitted by applicable law.
SARU will not be held responsible or liable for any claims, actions, expenses, costs, liabilities, damages or losses of any kind arising out of your access or use of the Service, its unavailability, third party dealings or third party websites associated with or linked to the Service.
By using the Service, you agree that all exclusions and limitations of liability mentioned in these Terms are reasonable. If you do not think they are reasonable, you must not use the Service.
Accuracy of Content
While all reasonable efforts are made to ensure the accuracy, reliability, availability, security, timeliness, suitability, quality and completeness of content relating to the Service, no representations or warranties are made in this regard. SARU cannot be held responsible for the accuracy, reliability, security and / or completeness of information provided by users of the Service.
Information Security
The transmission of information via the Internet, including e-mail, is susceptible to monitoring and interception. You bear all risk of transmitting information in this manner. Under no circumstances shall Evolve be liable for any loss, harm, or damage suffered by you as a result.
Evolve reserves the right to request independent verification of any information transmitted via e-mail or the Internet and you hereby consent to such verification should Evolve deem it necessary.
Third Party Dealings and Websites
Links to other websites that are not controlled by Evolve may be provided from time to time and other websites may in turn link to this website. Evolve is not responsible for any function or content featured on third party websites or any damage or losses resulting from your use of third party websites. When you leave this website, these Terms will be replaced by the applicable terms and conditions of the website to which you navigate.
Participation, correspondence or business dealings with any third party featured, found on or through the Service and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such third party.
Indemnity
By using this Service and agreeing to these Terms, you agree to defend, indemnify and hold Evolve, harmless from and against any and all claims, costs, damages, losses, liabilities and expenses (including attorneys' fees and costs) arising out of or in connection with: (a) your violation or breach of any of these Terms or any applicable law or regulation; (b) your violation of a third party’s rights; or (c) your use or misuse of the Service.
Changes to These Terms
These Terms set out the entire agreement between Evolve and you relating to your access and use of the Service, and supersedes any prior agreements and understandings, whether written or oral, in this regard.
These Terms may be updated from time to time without notice and revised Terms will be effective immediately on publication on the website / app. Continued use of the Service means you consent to those changes and updates.
Evolve will however give you prior notice where we have collected personal information from you and the purpose for which we collected that information or the manner in which your personal information is used, is affected by changes to these Terms.
Terms may only be waived or deviated from with the express written permission of an authorised representative of Evolve.
If any of these Terms are found by a court of competent jurisdiction to be invalid or unenforceable, that Term shall be enforced to the maximum extent permissible to give effect to its intent, and the remaining Terms shall continue in full force and effect.
Termination
Evolve reserves the right to (i) modify or discontinue, temporarily or permanently, the Service (or any part thereof) and (ii) refuse any and all current and future use of the Service and suspend or terminate your account (any part thereof) or use of the Service, for any reason, including if Evolve believes that you have violated these Terms. Evolve shall not be liable to you or any third party for any modification, suspension or discontinuation of the Service.
Dispute Resolution
To expedite resolution and reduce the cost of any dispute, controversy or claim relating to these Terms, you and Evolve agree to first attempt to negotiate informally and confidentially for at least thirty (30) days before initiating any arbitration or court proceedings. Such informal negotiations will commence upon written notice.
Jurisdiction
These Terms shall be interpreted and governed by the laws of the Republic of South Africa. You hereby consent to the jurisdiction of the Western Cape Division of the High Court of South Africa.
This Service is controlled, operated and administered by Evolve from its offices in the Republic of South Africa. Access to the Service from territories or countries where such access is illegal is prohibited. If you access the Service from locations outside of South Africa, you are responsible for compliance with all local laws.
Questions and Complaints
If you have any questions or complaints or if you require any more information about these Terms or the Service, please feel free to contact us at: support@footprintapp.net
If you believe in good faith that any content made available in connection with the Service infringes your copyright, you may send Evolve a notice at support@footprintapp.net requesting that the content be removed, or access to it blocked.
Complaints and reports of suspicious activity regarding the Service should be directed to support@footprintapp.net
PRIVACY POLICY
Last updated: 17 January 2018
This Policy, which forms part of the Terms, explains how SARU collects, stores and uses your Personal Information.
What is Personal Information?
Personal Information, in this context, means any information relating to an identifiable individual, such as your name, age, identity number, telephone number, ethnic origin, medical or biometric data, education, email addresses, online surfing patterns, geo-locations and IP addresses. It does not mean general, statistical, aggregated or anonymised information.
Permission to Collect and Use Personal Information
Your use of the Service signifies your consent to SARU collecting, storing and processing your Personal Information provided for the purpose of delivering this Service and as required by law.
If you believe SARU does not comply with privacy legislation, you may contact us by sending an email to support@footprintapp.net. SARU will review your email and, if within SARU’s sole and absolute discretion, take corrective action and inform you of the corrective actions taken or other decision reached. You are also entitled to lodge a complaint with the Information Regulator of South Africa using the contact details provided at http://www.justice.gov.za/inforeg/contact.html
How We Collect Information About You
You voluntarily provide Personal Information to SARU when registering a user account and inserting information into the FootprintAPP™ database, or authorising a team administrator, manager or coach to do so on your behalf.
How We Use Your Information
SARU may use your Personal Information to confirm that your submission has been received, to validate you as an authorised user, or to detect and prevent criminal activity, fraud, misuse or damage to the Service.
Personal Information submitted forms part of the FootprintAPP™ database which is used to store and track information. Your Personal Information may therefore be collated into statistical reports and viewed by authorised administrators, coaches or managers that have access to the Service or third parties that have been appointed to analyse or verify certain information.
Personal Information, particularly information relating to medical information, is kept confidential, save for use by authorised administrators, medical officers, coaches and managers in relation to the Service or third parties that have been appointed to analyse or verify certain information.
Information may also be aggregated to measure and monitor certain data such as the number of visits, specific pages visited or average time spent using the Service. SARU uses this information solely for the purpose of improving the Service.
How Long Do We Keep Your Information?
The time periods for which SARU keeps your Personal Information may vary according to the use or purpose attached to the information. Unless there is a specific legal requirement to do so, SARU will not keep Personal Information for longer than necessary for the purpose for which it was collected or for which it is to be processed.
Personal Information will be destroyed or de-identified once it has become obsolete (out of date or unusable). Any further processing of de-identified information will be compatible with the purpose for which the information was initially collected and / or purely for historical, statistical or research purposes.
Disclosing Your Information to Third Parties
SARU may provide aggregate statistics based on user accounts, submitted information, traffic patterns and other website information to third parties, but these statistics will not include any information that could identify you.
If a third party has been appointed to analyse or verify personal information, it will be obligated to treat your Personal Information as confidential.
When and Where Do We Use Cookies?
SARU uses cookies to make your user experience more convenient. These cookies hold information collected during registration and allow us to recognise you as an authorised user and provide you with the services you require.
How Can You Refuse or Opt out of Cookies?
Most browsers are set by default to accept cookies automatically, but you can alter the settings of your browser to prevent automatic acceptance and to prompt you every time a cookie is sent to you or to allow you to choose not to receive cookies at all.
Security Breaches
Despite SARU’s best efforts, including technical and operational safeguards that comply with generally accepted industry appropriate information security practices, to ensure the integrity and confidentiality of Personal Information in its possession, it is possible for internet-based communications to be intercepted and for information to be accessed, lost, damaged or destroyed. SARU will immediately notify you of a security breach concerning your Personal Information.
How Can You Manage Your Privacy Preferences?
If you'd like us to verify, rectify, delete or stop processing your Personal Information, please email us at support@footprintapp.net