SPORTSMODULE END USER LICENCE AGREEMENT
PLEASE READ CAREFULLY BEFORE ACCESSING THE WEBSITE AND CLICKING THE BUTTON “I AGREE WITH”
This end-user licence agreement (“EULA”) is a legal agreement between you (“End-user” or “you”) and SportsModule Ltd, 5A Baku Street, Floor 9, Student City, Sofia, 1700, Bulgaria (“SportsModule”, “SM”, “us” or “we”) for:
The “SportsModule” website solution, the services which are accessible through the website, and the associated media and website content (together the “Services”); and any documents that we make available to you in relation to the Services, for example the application form (“Documents”).
If you do not agree to the terms of this EULA, we will not grant you the right to use the Services and Documents and you must stop accessing the Services now.
This EULA will cease to apply when you cease to use the Services.
You should print a copy of this EULA for future reference.
You agree as follows:
- The terms of this EULA apply to the Services or any of the services accessible through the Services (“Services”), including any updates or supplements to any of them, unless they come with separate terms, in which case those terms apply.
- We may change these terms of this EULA at any time, provided that such change does not reduce your rights under these terms or is required by law. We will notify you of the change with details of the change or notifying you of a change when you next access the Services. You may be required to read and accept the new terms to continue your use of the Services. If you do not wish to accept the new terms, you can stop using the Services to end this EULA.
Additionally, by using the Services, you acknowledge your understanding that internet transmissions are never completely private or secure. You understand that any message or information you send using the Services or any Service may be read or intercepted by others, even if there is a special notice that a particular transmission is encrypted.
- By using the Services, you consent to us collecting and using technical information about the Devices and related software, hardware and peripherals for Services that are internet-based or wireless to improve our products and to provide any Services to you.
- The Services may contain links to other third-party websites (“Third-party Sites”). Third-party Sites are not under our control, and we are not responsible for and do not endorse their content or their privacy policies (if any). You will need to make your own independent judgement regarding your interaction with any operators of Third-party Sites, including the purchase and use of any products or services accessible through them.
- Grant and scope of right to access and use
- In consideration of you agreeing to abide by the terms of this EULA, we grant you a personal, non-transferable, non-sublicensable, non-exclusive right to access and use the Services on the Devices and to access and use the Documents, subject to the terms of this EULA. We reserve all other rights.
- Licence restrictions
- Except as expressly set out in this EULA or as permitted by any local law, you agree:
- not to modify, adapt, reverse engineer, decompile, disassemble or otherwise discover the source code of any software or documentation comprised in the Services or any Documents;
- not to rent, sell, lease, sub-license, distribute, assign, copy or in any way transfer the Services or any Documents(including the underlying software in the Services);
- not to use the Services or Documents in contravention of any requirements notified to it by us;
- not to use any automated system or software to extract data from the Services or the Documents for commercial purposes (such as screen scraping);
- to use the Services and Documents in a lawful and non-defamatory manner;
- to comply with all technology control or export laws and regulations that apply to the technology used or supported by the Services and Documents, together “Licence Restrictions”.
- Except as expressly set out in this EULA or as permitted by any local law, you agree:
- Intellectual property rights
- You acknowledge that all intellectual property rights with respect to the Services and the Documents anywhere in the world belong to us or our licensors, that rights over the Services are licensed (not sold) to you, and that you have no rights in, or to, the Services or the Documents other than the right to use each of them in accordance with the terms of this EULA.
- You acknowledge that you have no right to have access to the Services in source-code form.
- Your legal rights
- Advice about your legal rights is available as per the applicable Bulgarian legislation in force.
- Limitation of liability
- You acknowledge that the Services have not been developed to meet your individual requirements, and that it is therefore your responsibility to ensure that the facilities and functions of the Services as described in the Documents meet your requirements. To the extent permitted by law, we disclaim liability for information made available by third parties through the Services.
- We may terminate this EULA immediately by written notice to you if you:
- commit a material breach of this EULA which you fail to remedy (if remediable) within 14 days after the service of written notice requiring you to do so; or
- breach any of the Licence Restrictions.
- On termination of this EULA for any reason:
- all rights granted to you under this EULA shall cease; and
- you must immediately cease all activities authorized by this EULA; and
- you must immediately destroy all copies of materials accessed using the Services and copies of Documents then in your possession, custody or control and, upon request from us, certify to us that you have done so.
- Communication between us
- If you wish to contact us in writing, or if any condition in this EULA requires you to give us notice in writing, you can send this to us by post to SportsModule Ltd, 5A Baku Street, Floor 9, Student City, Sofia, 1700, Bulgaria
- If we have to contact you or give you notice in writing, we will do so by email.
- Events outside our control
- We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under this EULA that is caused by any act or event beyond our reasonable control (“Event Outside Our Control”).
- If an Event Outside Our Control takes place that affects the performance of our obligations under this EULA:
- our obligations under this EULA will be suspended and the time for performance of our obligations will be extended to allow for the impact of the Event Outside Our Control on our ability to perform our obligations; and
- we will attempt to find a solution by which our obligations under this EULA may be performed despite the Event Outside Our Control.
- Other important terms
- Any words in this EULA which follow the terms including, include, in particular or for example or any similar phrase shall be read as illustrative and shall not limit the general nature of the related general words.
- You agree that we may transfer our rights and/or obligations under this EULA to another organization, but only if this will not prejudice your rights under this EULA. If we wish to transfer our rights and/or obligations under this EULA to another organization in such a way as would prejudice your rights under this EULA, we may not do so without your consent.
- You may only transfer your rights or obligations under this EULA to another person if we agree that you may do so in writing.
- If we fail to insist that you perform any of your obligations under this EULA, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.
- Each of the conditions of this EULA operates separately. If any court or competent authority decides that any of them are unlawful or unenforceable, the remaining conditions will remain in full force and effect.
- Please note that this EULA, its subject matter and its formation, are governed by Bulgarian law. You and we both agree that the courts of Bulgaria will have non-exclusive jurisdiction.
For the purpose of benefiting from our Services we may collect certain personal information for you which we will gather and process as private and by implementing the necessary technical measures for its protection only on the grounds of your explicit consent and in full compliance with the Bulgarian law, the personal data privacy regulations and Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (shortly “GDPR”).
SportsModule Ltd., UIC 205787312, a sole- owned limited liability company is the controller of your personal data gathered and processed in compliance with the GDPR.
You can contact us by either sending a mail to the following address: city of Sofia 1700, Studentski Region, 5A Baku Str., 9th floor or via sending e- mail: firstname.lastname@example.org
Please, be informed that we do not collect and process personal data of physical persons under the age of 16.
By clicking the button “I agree with” the data subject is considered to have given his/her explicit consent to the processing of his/her personal data for one or more specific purposes.
If you use and/or fill in the application form on our websitewe collect and process the following categories of personal data: your first and last name, your Mobile phone number and your e- mail.
The philosophy of the data storage is privacy by design, as we only store what’s absolutely relevant in order to handle your enquiry correctly and in order to manage your application form if filled in by you.
Any User of our website has the following rights as per the GDPR:
- Right to Information
The data subject is entitled to receive in an accurate and transparent manner information on the following issues:
- the identity and the contact details of the controller and, where applicable, of the controller’s representative;
- the contact details of the data protection officer, where applicable;
- the categories of the personal data being processed
- the purposes of the processing for which the personal data are intended as well as the legal basis for the processing
- the legitimate interests pursued by the controller or by a third party, if applicable
- the recipients or categories of recipients of the personal data, if any
- where applicable, the fact the the controller intends to transfer personal data to a third country or international organisation and the existence or absence of an adequacy decision by the Commission, or reference to the appropriate or suitable safeguards and the means by which to obtain a copy of them or where they have been made available
- the period for which the personal data will be stored, or if that is not possible, the criteria used to determine that period;
- the existence of the right to request from the controller access to and rectification or erasure of personal data or restriction of processing concerning the data subject or to object to processing as well as the right to data portability;
- if the legal basis for the processing is a consent given by the data subject information to the right to withdraw that consent at any time, without affecting the lawfulness of processing based on consent before its withdrawal;
- information on the right to lodge a complaint with a supervisory authority
- information on the existence of automated decision-making including profiling under Article 22 para. 1 and para. 4 GDPR and, in certain cases, meaningful information about the data processing system involved, and the scope and intended result of such processing on the data subject.
- where the personal data are not collected from the data subject, any available information as to their source;
- where the controller intends to further process the personal data for a purpose other than that for which the personal data were collected and for which the data subject has been already informed, the controller shall provide the data subject prior to that further processing with information on that other purpose and with any relevant further information as referred to hereinabove.
The controller shall provide a copy of the personal data undergoing processing. For any further copies requested by the data subject, the controller may charge a reasonable fee based on administrative costs. Where the data subject makes the request by electronic means, and unless otherwise requested by the data subject, the information shall be provided in a commonly used electronic form. When requested by the data subject, the information may be provided orally, provided that the identity of the data subject is proven by other means.
The right to obtain a copy referred to in paragraph 3 shall not adversely affect the rights and freedoms of others.
- Right to rectification
The data subject shall have the right to obtain from the controller without undue delay the rectification of inaccurate personal data concerning him or her. Taking into account the purposes of the processing, the data subject shall have the right to have incomplete personal data completed, including by means of providing a supplementary statement.
- Right to erasure (‘right to be forgotten’)
- The data subject shall have the right to obtain from the controller the erasure of personal data concerning him or her without undue delay and the controller shall have the obligation to erase personal data without undue delay where one of the following grounds applies:
- the personal data are no longer necessary in relation to the purposes for which they were collected or otherwise processed;
- the data subject withdraws consent on which the processing is based, and where there is no other legal ground for the processing;
- the data subject objects to the processing pursuant to Article 21(1) and there are no overriding legitimate grounds for the processing, or the data subject objects to the processing pursuant to Article 21(2);
- the personal data have been unlawfully processed
- the personal data has to be erased for compliance with a legal obligation in the European Union or one set forth by the Bulgarian law to which the controller is subject
- the personal data have been collected in relation to the offer of information society services referred to in Article 8(1) of the GDPR.
- The right to erasure cannot be exercised in the following cases:
- for exercising rhe right of freedom of expression and information
- for compliance with a legal obligation which requires processing by the European Union or Member State law to which the controller is subject or for the performance of a task carried out in the public interest or in the exercise of official authority vested in the controller;
- for reasons of public interest in the area of public health in accordance with points (h) and (i) of Article 9(2) as well as Article 9(3) of GDPR;
- for archiving purposes in the public interest, scientific or historical research purposes or statistical purposes in accordance with Article 89(1) of GDPR in so far as the right referred to in paragraph 1 is likely to render impossible or seriously impair the achievement of the objectives of that processing; or
- for the establishment, exercise or defence of legal claims.
- Right to restriction of processing
- The data subject shall have the right to obtain from the controller restriction of processing where one of the following applies:
- the accuracy of the personal data is contested by the data subject, for a period enabling the controller to verify the accuracy of the personal data;
- the processing is unlawful and the data subject opposes the erasure of the personal data and requests the restriction of their use instead;
- the controller no longer needs the personal data for the purposes of the processing, but they are required by the data subject for the establishment, exercise or defence of legal claims;
- the data subject has objected to processing pursuant to Article 21(1) of GDPR pending the verification whether the legitimate grounds of the controller override those of the data subject
- Where processing has been restricted by the data subject, such personal data shall, with the exception of storage, only be processed with the data subject’s consent or for the establishment, exercise or defence of legal claims or for the protection of the rights of another natural or legal person or for reasons of important public interest of the European Union or of a Member State.
- A data subject who has obtained restriction of processing pursuant to paragraph 1 shall be informed by the controller before the restriction of processing is lifted.
- Notification Obligations of The Controller
The controller shall communicate any rectification or erasure of personal data or restriction of processing carried out in accordance with the legislation in force to each recipient to whom the personal data have been disclosed, unless this proves impossible or involves disproportionate effort. The controller shall inform the data subject about those recipients if the data subject requests it.
- Right to Data Portability
- The data subject shall have the right to receive the personal data concerning him or her, which he or she has provided to a controller, in a structured, commonly used and machine-readable format and have the right to transmit those data to another controller without hindrance from the controller to which the personal data have been provided, where:
- the legal basis of the processing is based on consent and
- the processing is carried out by automated means.
- In exercising his or her right to data portability the data subject shall have the right to have the personal data transmitted directly from one controller to another, where technically feasible.
- The exercise of the right to data portability shall be without prejudice to the right of erasure. That right shall not apply to processing necessary for the performance of a task carried out in the public interest or in the exercise of official authority vested in the controller.
- Right to object
- The data subject shall have the right to object, on grounds relating to his or her particular situation, at any time to processing of personal data concerning him or her which is based on point (e) or (f) of Article 6(1), including profiling based on those provisions. The controller shall no longer process the personal data unless the controller demonstrates compelling legitimate grounds for the processing which override the interests, rights and freedoms of the data subject or for the establishment, exercise or defence of legal claims.
- Where personal data are processed for direct marketing purposes, the data subject shall have the right to object at any time to processing of personal data concerning him or her for such marketing, which includes profiling to the extent that it is related to such direct marketing.
- Where the data subject objects to processing for direct marketing purposes, the personal data shall no longer be processed for such purposes.
- At the latest at the time of the first communication with the data subject, the right referred to in paragraphs 1 and 2 shall be explicitly brought to the attention of the data subject and shall be presented clearly and separately from any other information.
- In the context of the use of information society services, and notwithstanding Directive 2002/58/EC, the data subject may exercise his or her right to object by automated means using technical specifications.
- Where personal data are processed for scientific or historical research purposes or statistical purposes pursuant to Article 89(1), the data subject, on grounds relating to his or her particular situation, shall have the right to object to processing of personal data concerning him or her, unless the processing is necessary for the performance of a task carried out for reasons of public interest.
- Automated individual decision-making, including profiling
- The data subject shall have the right to refuse to be subject to a decision based solely on automated processing, including profiling, which produces legal effects concerning him or her or similarly significantly affects him or her.
- Such refusal by the controller cannot be made in case the decision:
- is necessary for entering into, or performance of, a contract between the data subject and a data controller;
- is authorised by European Union or the Bulgarian law to which the controller is subject and which also lays down suitable measures to safeguard the data subject’s rights and freedoms and legitimate interests; or
- is based on the data subject’s explicit consent
- The exclusions above described in points 220.127.116.11- 18.104.22.168 shall not apply on special categories of personal data such as revealing racial or ethnic origin, political opinions, religious or philosophical beliefs, or trade union membership, and the processing of genetic data, biometric data for the purpose of uniquely identifying a natural person, data concerning health or data concerning a natural person’s sex life or sexual orientation, unless consent of the data subject is given or processing is necessary for reasons of substantial public interest, on the basis of European Union or the Bulgarian law which shall be proportionate to the aim pursued, respect the essence of the right to data protection and provide for suitable and specific measures to safeguard the fundamental rights and the interests of the data subject; suitable measures to safeguard the data subject’s rights and freedoms and legitimate interests are shall be also in place.
- The data controller shall implement suitable measures to safeguard the data subject’s rights and freedoms and legitimate interests, at least the right to obtain human intervention on the part of the controller, to express his or her point of view and to contest the decision.
- Contact Details of The Bulgarian Supervisory Body for Personal Data Protection
Commission for personal data protection (CPDP)
Address: 2 Prof. Tsvetan Lazarov Blvd., Sofia 1592
GPS coordinates: N 42.668839 E 23.377495
Complaints, signals and questions received are consulted by e-mail of the Commission:email@example.com, as well as on telephone 02/91-53-519
CPDP`s Data Protection Officer
Lyubomir Grancharov – DPO
Ralitsa Naumova – Assistant DPO
e-mail: firstname.lastname@example.org *
* It is used only for issues concerning the processing of your personal data by CPDP in its capacity of a controller, as well as for exercising your rights under Art. 15-22 of Regulation (EU) 2016/679. For any other general questions concerning the competence of CPDP as a supervisory authority, PLEASE, use email@example.com
- Cookies Policy
- What are cookies: Cookies are small text files, that are saved on your computer or mobile device. They are used by web developers to help users navigate their websites efficiently and perform certain functions. Due to their core role of enhancing/enabling usability or site processes, disabling cookies may prevent users from using certain websites. The cookie function is to distinguish the user from other users on the same website or to retain certain information related to his or her preferences. They are used by most sites to make browsing easier.
Each cookie is unique for the browser used and contains anonymous information. The content includes the name of the domain from which it comes, its “life duration” and its value, usually in the form of a randomly generated number.
- What kind of cookies uses SportsModule and to what purpose:
- Security and identification:
The purpose of the cookies for link security is:
• to identify the user/client within the specific session;
• to control the security;
• to ensure that the information that the user/client enters is only visible to him/her.
Security and identification cookies are automatically deleted after the browser session is terminated or are kept for a limited time to ensure unobstructed use of the site.
- Efficiency and functionality
Productivity cookies aim to collect statistical information and providing of content suitable to individual user preferences. Through them are measured anonymously the number of visits, viewed pages, visitor activity, and site visits. These cookies help for analysing the traffic, which allows the improvement of the website, as well as the services offered.
- Managing and deleting cookies:
Much of the cookies that are being used will improve browsing on the website, and the rest are important to guaranteeing access security.
Depending on the browser used, the user/client is able to:
• Allow or deny the storage of cookies from all sources;
• Set up a notification that will ask for acceptance or denial on each new cookie;
Most browsers are set to accept default cookies. However, if the user/client does not want cookies to be stored on his/her computer, he/she can limit them by changing the settings of the browser used.
It is important to keep in mind that if cookies are stopped, it is possible that sections and/or services on the website are not working properly!