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Privacy & Terms
Last Modified: 22nd January 2024
1. Introduction
Sport:80 Services Limited (“We” / “Us”) is committed to safeguarding and preserving the privacy of our visitors to our website.
This Privacy Policy (together with our terms of use and any other documents referred to in it) explains what happens to any personal data that you provide to us, or that we collect from you, whilst you visit our website.
Please read the following carefully to understand our views and practices regarding your personal data and how we will treat it. By visiting www.sport80.com you are accepting and consenting to the practices described in this Privacy Policy.
The data controller is Sport:80 Services Limited of Unit 3, Neepsend Triangle Business Centre, 1 Burton Road, Sheffield, England, S3 8BW.
We have appointed Gary Hargraves as our data protection officer who is responsible for overseeing questions in relation to this Privacy Policy.
If you access any of our website’s sub domains in respect of any of our clients (“Clients”) (“Client Sub Domains”), then our Client’s terms of use and privacy policy available on such sub domain shall apply to your use of the relevant sub domain, and shall take precedence over this privacy policy (and the documents referred to in it).
In respect of our Client Sub Domains, the data controller is the relevant Client and the data processor is Sport:80 Services Limited of Unit 3, Neepsend Triangle Business Centre, 1 Burton Road, Sheffield, England, S3 8BW. For the avoidance of doubt, we are acting as data processor only in relation to those technological services we have agreed to provide to the relevant Client via the Client Sub Domain pursuant to the Supply of Services Agreement entered into between us and the relevant Client. It should be noted that other third party organisations may also be acting as data processor on behalf of the relevant Client.
2. Information We Collect
In running and maintaining our website and providing services to you that will allow you to utilise the facilities on our website we may collect and process the following data about you:
2.1 Information about your use of our website with regards to each of your visits to our website. This may include: (i) details of your visits such as pages viewed and the resources that you access; and (ii) technical information, such as traffic data, location data and other communication data.
2.2 Information provided voluntarily by you. You may give us information by filling in forms on our website www.sport80.com or by corresponding with us by telephone, e-mail or otherwise. This includes information you provide when you use our website or if you report a problem with our website.
2.3 Information that you provide when you communicate with us by any means.
2.4 Information we receive from other sources. We may receive information about you if you use any of the other websites or any of the Client Sub Domains which we operate or the other services we provide.
2.5 We may collect, use, store and transfer different kinds of personal data about you which we have grouped together as follows:
Identity and Contact Data includes first name, maiden name, last name, username or similar identifier, marital status, title, date of birth, gender, your address, email address and telephone numbers. It may also include the contents of messages you may send to, or receive from us.
Technical Data includes internet protocol (IP) address, your login data, browser type and version, time zone setting and location, browser plug-in types and versions, operating system and platform, and other technology on the devices you use to access this website.
Usage Data includes information about how you use our website.
3. Use of Cookies
Our website uses cookies to distinguish you from other users of our website. This helps us to provide you with a good experience when you browse our website and also allows us to improve our website. By continuing to browse our website, you are agreeing to our use of cookies.
Cookies provide information regarding the computer used by a visitor. We may use cookies where appropriate to gather information about your computer in order to assist us in improving our website.
We may gather information about your general internet use by using cookies. Where used, these cookies are downloaded to your computer and stored on the computer’s hard drive. Such information will not identify you personally. It is statistical data. This statistical data does not identify any personal details whatsoever.
You can adjust the settings on your computer to decline any cookies if you wish. This can easily be done by activating the “reject cookies” setting on your computer. However, if you use your browser settings to block all cookies (including essential cookies) you may not be able to access all or parts of our website.
We use the following cookies:
3.1 Strictly necessary cookies. These are cookies that are required for the operation of our website. They include, for example, cookies that enable you to log into secure areas of our website, use a shopping cart or make use of e-billing services.
3.2 Analytical/performance cookies. They allow us to recognise and count the number of visitors and to see how visitors move around our website when they are using it. This helps us to improve the way our website works, for example, by ensuring that users are finding what they are looking for easily.
3.3 Functionality cookies. These are used to recognise you when you return to our website. This enables us to personalise our content for you, greet you by name and remember your preferences (for example, your choice of language or region).
3.4 Targeting cookies. These cookies record your visit to our website, the pages you have visited and the links you have followed. We will use this information to make our website and the advertising displayed on it more relevant to your interests. We may also share this information with third parties for this purpose.
Please note that third parties (including, for example, advertising networks and providers of external services like web traffic analysis services) may also use cookies, over which we have no control. These cookies are likely to be analytical/performance cookies or targeting cookies.
Except for essential cookies, all cookies will expire after 12 hours.
4. Use of Your Information
We use the information that we collect from you or you give to us to allow you to utilise the facilities on our website and access Client Sub Domains. In addition to this we may use the information for one or more of the following purposes:
4.1 To provide information to you that you request from us relating to our products or services.
4.2 To provide information (or permit selected third parties to provide information) to you relating to other products that may be of interest to you. Such additional information will only be provided where you have consented to receive such information.
4.3 To inform you of any changes to our website, services or goods and products.
4.4 To ensure that the content from our website is presented in the most effective manner for you and for your computer.
4.5 To administer our website and for internal operations, including troubleshooting, data analysis, testing, research, statistical and survey purposes.
4.6 As part of our efforts to keep our website safe and secure.
4.7 To measure or understand the effectiveness of advertising we serve to you and others, and to deliver relevant advertising to you.
4.8 To make suggestions and recommendations to you and other users of our website about goods or services that may interest you.
4.9 To remember your preferences e.g. if you ask not to receive marketing material, we will keep a record of this.
4.10 To protect your vital interests.
We will only ever use your personal data with your consent, or in the following circumstances:
where we need to perform the contract we are about to enter into or have entered into with you or our Clients;
where we need to comply with a legal obligation ;
where it is necessary for our own (or a third party’s) legitimate interests, provided your interests and fundamental rights do not override these.
In any event, we will only use your personal data for the purposes for which it is collected, unless we reasonably consider that we need to use it for another reason and that reason is compatible with the original purpose.
You can withdraw your consent at any time to our processing of your personal data for any purpose at any time, by contacting us at the email or postal address set out in paragraph 10.
5. Disclosing Your Information
We may share your personal information with any member of our group, which means our subsidiaries, our ultimate holding company and its subsidiaries, as defined in section 1159 of the Companies Act 2006.
We will not disclose your personal information to any other party other than in accordance with this Privacy Policy and in the circumstances detailed below:
5.1 In the event that we sell or buy any business or assets, in which case we may disclose your personal data to the prospective seller or buyer of such business or assets.
5.2 If Sport:80 Services Limited (or substantially all of its assets) are acquired by a third party, in which case personal data held by it about its customers will be one of the transferred assets.
5.3 If our ultimate holding company, Sport:80 plc (or substantially all of its assets), is acquired by a third party, in which case personal data held by us about you will be one of the transferred assets.
5.4 Where we are legally required by law to disclose your personal information, or in order to enforce or apply our terms of use.
5.5 To further fraud protection and reduce the risk of fraud.
5.6 To our business partners, events organisers, sporting federations, service providers, suppliers and sub-contractors for the performance of any contract we enter into with them or you. We will ensure that any written contract we enter into with them will provide that they, as a data processor, (i) will process personal data disclosed by us to them in accordance with instructions from us and (ii) are to comply with obligations equivalent to those imposed on us and as set out in this privacy policy.
5.7 In relation to the Client Sub Domains, with third party organisations that may also be acting as data processor on behalf of the relevant Client.
6. Storing Your Personal Data, International Transfers and Data Security
In operating our website it may become necessary to transfer data that we collect from you to locations outside of the European Economic Area (“EEA”) for processing and storing. By providing your personal data to us, you agree to this transfer, storing or processing. We do our upmost to ensure that all reasonable steps are taken to make sure that your data is treated securely and in accordance with this Privacy Policy, to ensure that a similar degree of protection is afforded to it in line with UK Data Protection legislation.
Where we have given you (or where you have chosen) a password which enables you to access certain parts of our website, you are responsible for keeping this password confidential. We ask you not to share a password with anyone.
We will only retain your personal data for as long as reasonably necessary to fulfil the purposes we collected it for, including for the purposes of satisfying any legal, accounting, or reporting requirements.
To determine the appropriate retention period for personal data, we consider the amount, nature, and sensitivity of the personal data, the potential risk of harm from unauthorised use or disclosure of your personal data, the purposes for which we process your personal data and whether we can achieve those purposes through other means, and the applicable legal requirements.
We have put in place appropriate security measures to prevent your personal data from being accidentally lost, used or accessed in an unauthorised way, altered or disclosed. In addition, we limit access to your personal data to those employees, agents, contractors and other third parties who have a business need to know. They will only process your personal data on our instructions and they are subject to a duty of confidentiality.
We have put in place procedures to deal with any suspected personal data breach and will notify you and any applicable regulator of a breach where we are legally required to do so.
Unfortunately the sending of information via the internet is not totally secure and on occasion such information can be intercepted. We cannot guarantee the security of data transmitted to us electronically; sending such information is entirely at your own risk. Once we have received your information, we will use strict procedures and security features to try to prevent unauthorised access.
7. Third Party Links
On occasion we include links to third parties on this website. Where we provide a link it does not mean that we endorse or approve that website’s policy towards visitor privacy. You should review their privacy policy before sending them any personal data.
8. Changes to the Privacy Policy
Any changes we may make to our Privacy Policy in the future will be posted on this page and, where appropriate, notified to you by e-mail. Please check back frequently to see any updates or changes to our Privacy Policy.
9. Access to Information and Legal Rights
Our website may, from time to time, contain links to and from the websites of our partner networks, affiliates and advertisers. 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 policies. Please check these policies before you submit any personal data to these websites.
We want to ensure you remain in control of your personal data. Part of this is making sure you understand your legal rights, which under certain circumstances are as follows:
Request access to your personal data (commonly known as a "data subject access request"). This enables you to receive a copy of the personal data we hold about you and to check that we are lawfully processing it. The information will be provided in a common electronic format.
Request correction of your personal data we hold about you. This enables you to have any incomplete or inaccurate data we hold about you corrected, though we may need to verify the accuracy of the new data you provide to us.
Request erasure of your personal data. This enables you to ask us to delete or remove personal data where there is no good reason for us continuing to process it. You also have the right to ask us to delete or remove your personal data where you have successfully exercised your right to object to processing (see below), where we may have processed your information unlawfully or where we are required to erase your personal data to comply with local law.
Object to processing of your personal data. This may apply where we are relying on a legitimate interest (or those of a third party) and there is something about your particular situation which makes you want to object to processing on this ground as you feel it impacts on your fundamental rights and freedoms.
Request restriction of processing your personal data. This enables you to ask us to suspend the processing of your personal data in certain scenarios.
Request transfer of your personal data. We will provide to you, or a third party you have chosen, your personal data in a structured, commonly used, machine-readable format.
Right to withdraw consent. Withdraw consent at any time where we are relying on consent to process your personal data.
If you wish to exercise any of the rights set out above, please contact us.
10. Contacting Us
Please do not hesitate to contact us regarding any matter relating to this Privacy Policy at [email protected] or by writing to us at Sport:80 Services Limited, Unit 3, Neepsend Triangle Business Centre, 1 Burton Road, Sheffield, England, S3 8BW .
You have the right to make a complaint at any time to the Information Commissioner’s Office (ICO), the UK supervisory authority for data protection issues (www.ico.org.uk). We would, however, appreciate the chance to deal with your concerns before you approach the ICO so please contact us in the first instance.
Last Modified: 27th September 2024
1. Introduction
These terms of use (together with the documents referred to in it) govern your use of our website https://www.sport80.com. By using our website, you confirm that you agree to these terms of use in full and that you agree to comply with them. Use of our website includes accessing, browsing, or registering to use our website.
Please read these terms of use carefully before you start to use our website, as they will apply to your use of our site. We recommend that you print a copy of this for future reference.
If you disagree with these terms of use or any part of these terms of use, you must not use our website.
You must be at least 18 years of age to use our website. By using our website and by agreeing to these terms of use, you warrant and represent that you are at least 18 years of age.
Our website uses cookies. By using our website and agreeing to these terms of use, you consent to our use of cookies in accordance with the terms of our Privacy Policy. Our Privacy Policy also sets out the terms on which we process any personal data we collect from you or that you provide to us. By using our website, you consent to such processing and you warrant that all data provided by you is accurate.
If you access any of our website’s sub domains in respect of any of our clients, then our client’s terms of use and privacy policy available on such sub domains shall apply to your use of the relevant sub domain and shall take precedence over these terms of use (and the documents referred to in it).
2. Credit
This document was created using an SEQ Legal template.
3. Licence to use website
You must not:
republish material from this website (including republication on another website);
sell, rent or sub-license material from the website;
show any material from the website in public;
reproduce, duplicate, copy or otherwise exploit material on our website for a commercial purpose; or
edit or otherwise modify any material on the website.
4. Acceptable Use
You must not use our website in any way that causes, or may cause, damage to the website or impairment of the availability or accessibility of the website; or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.
You must not use our website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software.
You must not conduct any systematic or automated data collection activities (including, without limitation, scraping, data mining, data extraction and data harvesting) on or in relation to our website without our express written consent.
5. Restricted access
Access to certain areas of our website is restricted. We reserve the right to restrict access to other areas of our website, or indeed our whole website, at our discretion.
If you generate a user ID and password to enable you to access restricted areas of our website or other content or services, you must ensure that the password is kept confidential.
You must notify us in writing immediately if you become aware of any unauthorised use of your account or password.
You are responsible for any activity on our website arising out of any failure to keep your password confidential and may be held liable for any losses arising out of such a failure.
You must not use any other person's user ID and password to access parts of our website, unless you have that person's express permission to do so.
We may disable your user ID and password at any time in our sole discretion with or without notice or explanation.
6. Limited warranties
We do not warrant the completeness or accuracy of the information published on this website; nor do we commit to ensuring that the website remains available or that the material on the website is kept up to date.
To the maximum extent permitted by applicable law, we exclude all representations, warranties and conditions relating to this website and the use of this website (including, without limitation, any warranties implied by law in respect of satisfactory quality, fitness for purpose and/or the use of reasonable care and skill).
7. Limitations and exclusions of liability
Nothing in these terms of use will: (a) limit or exclude our or your liability for death or personal injury resulting from negligence; (b) limit or exclude our or your liability for fraud or fraudulent misrepresentation; (c) limit any of our or your liabilities in any way that is not permitted under applicable law; or (d) exclude any of our or your liabilities that may not be excluded under applicable law.
The limitations and exclusions of liability set out in this clause 7 and elsewhere in these terms of use: (a) are subject to the preceding paragraph; and (b) govern all liabilities arising under these terms of use or in relation to the subject matter of these terms of use, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty.
To the extent that the website and the information and services on the website are provided free of charge, we will not be liable for any loss or damage of any nature.
We will not be liable to you in respect of any losses arising out of any event or events beyond our reasonable control.
We will not be liable to you in respect of any business losses, including (without limitation) loss of or damage to profits, income, revenue, use, production, anticipated savings, business, contracts, commercial opportunities or goodwill.
We will not be liable to you in respect of any loss or corruption of any data, database or software
We will not be liable to you in respect of any special, indirect or consequential loss or damage.
8. Indemnity
You hereby indemnify us and undertake to keep us indemnified against any losses, damages, costs, liabilities and expenses (including, without limitation, legal expenses and any amounts paid by us to a third party in settlement of a claim or dispute on the advice of our legal advisers) incurred or suffered by us arising out of any breach by you of any provision of these terms of use, or arising out of any claim that you have breached any provision of these terms of use.
9. Breaches of these terms of use
Without prejudice to our other rights under these terms of use, if you breach these terms of use in any way, we may take such action as we deem appropriate to deal with the breach, including suspending your access to the website, prohibiting you from accessing the website, blocking computers using your IP address from accessing the website, contacting your internet service provider to request that they block your access to the website and/or bringing court proceedings against you.
10. Variations
We may revise these terms of use from time to time by amending this page.
We may update our website from time to time, and may change the content at any time. However, please note that any of the content on our website may be out of date at any given time, and we are under no obligation to update it.
We do not guarantee that our website, or any content on it, will be free from errors or omissions.
Revised terms of use will apply to the use of our website from the date of publication of the revised terms of use on our website.
11. Assignment
We may transfer, sub-contract or otherwise deal with our rights and/or obligations under these terms of use without notifying you or obtaining your consent.
You may not transfer, sub-contract or otherwise deal with your rights and/or obligations under these terms of use.
12. Severability
If a provision of these terms of use is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect. If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.
13. Exclusion of third-party rights
These terms of use are for the benefit of you and us, and are not intended to benefit any third party or be enforceable by any third party. The exercise of our and your rights in relation to these terms of use is not subject to the consent of any third party.
14. Entire agreement
These terms of use, together with our privacy policy, constitute the entire agreement between you and us in relation to your use of our website and supersede all previous agreements in respect of your use of our website.
15. Law and jurisdiction
These terms of use will be governed by and construed in accordance with English law, and any disputes relating to these terms of use will be subject to the exclusive jurisdiction of the courts of England and Wales.
16. Registrations and authorisations
We are registered in England and Wales under registration number 08324832. Our VAT number is: GB220427746.
17. Our details
https://www.sport80.com is a website operated by Sport:80 Services Limited (“We”).
Sport:80 Services Limited is registered in England and Wales under company number 08324832 and have our registered office at Unit 3, Neepsend Triangle Business Centre, 1 Burton Road, Sheffield, England, S3 8BW. You can contact us by email at [email protected]
18. Intellectual Property Rights
We are the owner or the licensee of all intellectual property rights in our website, and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.
You may print off one copy, and may download extracts, of any page(s) from our site for your personal use and you may draw the attention of others within your organisation to content posted on our site.
You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.
Our status (and that of any identified contributors) as the authors of content on our website must always be acknowledged. You must not use any part of the content on our site for commercial purposes without obtaining a licence to do so from us or our licensors.
If you print off, copy or download any part of our website in breach of these terms of use, your right to use our website will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.
Data Processing Agreement
Last Modified: 22nd January 2024
This Data Processing Agreement (“DPA”) is an addendum to any agreement formed between the between Sport:80 Services Limited (“Sport:80”), incorporated and registered in England and Wales with company number 08324832 whose registered office is at Unit 3, Neepsend Triangle Business Centre, 1 Burton Road, Sheffield, S3 8BW and a Client that has placed an Order the subject of the Sport:80 Standard Terms & Conditions which has been accepted by Sport:80 (“Agreement”). Sport:80 and the Client are individually a “party” and, collectively, the “parties.”
This DPA applies where and only to the extent that Sport:80 processes Personal Data on behalf of the Client in the course of providing the Services as specified in the Agreement and such Personal Data is subject to Data Protection Legislation. The parties agree to comply with the terms and conditions in this DPA in connection with such Personal Data to address the compliance obligations imposed upon the Controller pursuant to the applicable Data Protection Legislation.
1. Definitions and Interpretation
The following definitions and rules of interpretation apply in this Agreement.
1.1. Definitions:
Business Purposes - the services to be provided by Sport:80 to the Client as described in the Agreement.
Controller, Processor, Data Subject, Personal Data Breach and Processing - have the meanings given to them in the Data Protection Legislation;
Data Protection Legislation means:
(a) to the extent UK GDPR applies, the law of the United Kingdom or of a part of the United Kingdom which relates to the protection of Personal Data;
(b) to the extent the EU GDPR applies, the law of the law of the European Union or any member state of the European Union to which Sport:80 is subject, which relates to the protection of Personal Data, together with all applicable privacy laws including (without limitation) the Regulation of Investigatory Powers Act 2000, the Telecommunications (Lawful Business Practice) (Interception of Communications) Regulations 2000 (SI 2000/2699), the Electronic Communications Data Protection Directive (2002/58/EC), the Privacy and Electronic Communications (EC Directive) Regulations 2003 (SI 2426/2003), and all applicable laws and regulations relating to the processing of Personal Data and privacy (and any successor legislation), including where applicable the guidance and codes of practice issued by the Information Commissioner or any other supervisory authority and the equivalent of any of the foregoing in any relevant jurisdiction;
EU GDPR - the General Data Protection Regulation ((EU) 2016/679).
Personal Data - the Client’s data relating to an identified or identifiable living natural person which is intended to be processed and managed by Sport:80 in accordance with the terms of this agreement; an identifiable living individual is one who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, identification number, location data, an online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of the individual;
Privacy Policy - Sport:80’s privacy policy available here;
UK GDPR - has the meaning given to it in section 3(10) (as supplemented by section 205(4)) of the Data Protection Act 2018.
1.2. This DPA subject to the terms of the Agreement and is incorporated into the Agreement. Interpretations and defined terms set forth in the Agreement apply to the interpretation of this Agreement.
1.3. The Annexes form part of this DPA and will have effect as if set out in full in the body of this DPA. Any reference to this DPA includes the Annexes.
1.4. A reference to writing or written includes email but not fax.
1.5. In the case of conflict or ambiguity between:
1.5.1. any provision contained in the body of this DPA and any provision contained in the Annexes, the provision in the body of this Agreement will prevail;
1.5.2. the terms of any accompanying invoice or other documents annexed to this Agreement and any provision contained in the Annexes, the provision contained in the Annexes will prevail; and
1.5.3. any of the provisions of this DPA and the provisions of the Agreement, the provisions of this DPA will prevail.
2. Personal data types and processing purposes
2.1. The Client and Sport:80 agree and acknowledge that for the purpose of the Data Protection Legislation:
2.1.1. the Client is the Controller and Sport:80 is the Processor.
2.1.2. the Client retains control of the Personal Data and remains responsible for its compliance obligations under the Data Protection Legislation, including but not limited to, providing any required notices and obtaining any required consents, and for the written processing instructions it gives to Sport:80.
2.1.3. Annex A describes the subject matter, duration, nature and purpose of the processing and the Personal Data categories and Data Subject types in respect of which Sport:80 may process the Personal Data to fulfil the Business Purposes.
3. Obligations
3.1. Sport:80:
3.1.1. will only process the Personal Data to the extent, and in such a manner, as is necessary for the purposes of the Agreement in accordance with the Client's written instructions given by the Client from time to time;
3.1.2. will not process the Personal Data for any other purpose or in a way that does not comply with this DPA or the Data Protection Legislation;
3.1.3. will promptly notify the Client if, in its opinion, the Client's instructions do not comply with the Data Protection Legislation;
3.1.4. must comply promptly with any Client reasonable written instructions requiring Sport:80 to amend, transfer, delete or otherwise process the Personal Data, or to stop, mitigate or remedy any unauthorised processing.
3.2. Sport:80 will maintain the confidentiality of the Personal Data and will not disclose the Personal Data to third-parties unless the Client or this DPA specifically authorises the disclosure, or as required by domestic or EU law, court or regulator (including the Commissioner). If a domestic or EU law, court or regulator (including the Commissioner) requires Sport:80 to process or disclose the Personal Data to a third-party, Sport:80 must first inform the Client of such legal or regulatory requirement and give the Client an opportunity to object or challenge the requirement, unless the domestic or EU law prohibits the giving of such notice.
3.3. Sport:80 will use reasonable endeavours to assist the Client with meeting the Client's compliance obligations under the Data Protection Legislation, taking into account the nature of Sport:80's processing and the information available to Sport:80, including in relation to Data Subject rights, data protection impact assessments and reporting to and consulting with the relevant regulator under the Data Protection Legislation.
3.4. The Client shall:
3.4.1. Process Personal Data in accordance with the requirements of the applicable Data Protection Legislation. The Client’s instructions for the Processing of Personal Data shall comply with the applicable Data Protection Legislation and Sport:80 reserves the right to refuse such instructions if not in compliance with the applicable Data Protection Legislation. The Client shall have sole responsibility for the accuracy, quality, and legality of Personal Data and the means by which it acquires the Personal Data; and
3.4.2. establish and have any and all required legal basis in order to collect, Process and transfer to Sport:80 the Personal Data, and to authorize the Processing by Sport:80, and for Sport:80’s Processing activities on behalf of the Client.
4. Security
4.1. Sport:80 will ensure that:
4.1.1. it has in place appropriate technical and organisational measures against accidental, unauthorised or unlawful processing, access, copying, modification, reproduction, display or distribution of the Personal Data, and against accidental or unlawful loss, destruction, alteration, disclosure or damage of Personal Data;
4.1.2. all personnel who have access to and/or process Personal Data are obliged to keep the Personal Data confidential; and
4.1.3. it implements such measures to ensure a level of security appropriate to the risk involved, including as appropriate:
4.1.3.1. the pseudonymisation and encryption of personal data;
4.1.3.2. the ability to ensure the ongoing confidentiality, integrity, availability and resilience of processing systems and services;
4.1.3.3. the ability to restore the availability and access to personal data in a timely manner in the event of a physical or technical incident; and
4.1.3.4. a process for regularly testing, assessing and evaluating the effectiveness of the security measures.
5. Personal data breach
5.1. Sport:80 will within 72 hours and in any event without undue delay notify the Client in writing if it becomes aware of:
5.1.1. the loss, unintended destruction or damage, corruption, or unusability of part or all of the Personal Data processed;
5.1.2. any accidental, unauthorised or unlawful processing of the Personal Data; or
5.1.3. any Personal Data Breach,
each an “Event”
5.2. Where Sport:80 becomes aware of any Event, it will, also provide the Client with the following written information:
5.2.1. description of the nature of the Event, including the categories of in-scope Personal Data and approximate number of both Data Subjects and the Personal Data records concerned;
5.2.2. the likely consequences; and
5.2.3. a description of the measures taken or proposed to be taken to address the Event.
5.3. Immediately following any accidental, unauthorised or unlawful Personal Data processing or Personal Data Breach, the parties will co-ordinate with each other to investigate the matter.
5.4. Sport:80 will not inform any third-party of any accidental, unauthorised or unlawful processing of all or part of the Personal Data and/or a Personal Data Breach without first obtaining the Client's written consent, except when required to do so by domestic or EU law.
6. Cross-border transfers of personal data
Sport:80 will not transfer or otherwise process the Personal Data outside the UK or, the European Economic Area unless it complies with its obligations under the Data Protection Legislation by providing an adequate level of protection to any personal data transferred.
7. Data subject requests and Complaints
7.1. Sport:80 shall, at no additional cost to the Client, take such technical and organisational measures as may be appropriate, and promptly provide such information to the Client as the Client may reasonably require, to enable the Client to comply with:
7.1.1. the rights of Data Subjects under the Data Protection Legislation, including, but not limited to, subject access rights, the rights to rectify, port and erase personal data, object to the processing and automated processing of personal data, and restrict the processing of personal data; and
7.1.2. information or assessment notices served on the Client by the Commissioner [or other relevant regulator] under the Data Protection Legislation.
7.2. Sport:80 shall:
7.2.1. notify the Client promptly in writing if it receives any complaint, notice or communication that relates directly or indirectly to the processing of the Personal Data or to either party's compliance with the Data Protection Legislation;
7.2.2. assist the Client in responding to any request from a Data Subject and in ensuring compliance with its obligations under the Privacy and Data Protection Requirements with respect to security, breach notifications, impact assessments and consultations with supervisory authorities or regulators.
7.3. Sport:80 must not disclose the Personal Data to any Data Subject or to a third-party other than in accordance with the Client's written instructions, or as required by domestic or EU law. The Client shall inform Sport:80 whether or not it may respond to such data subject request on behalf of the Client and in what manner.
8. Term and termination
8.1. This DPA will remain in full force and effect so long as:
8.1.1. the Agreement remains in effect; or
8.1.2. Sport:80 retains any of the Personal Data related to the Agreement in its possession or control (Term).
8.2. Any provision of this DPA that expressly or by implication should come into or continue in force on or after termination of the Agreement in order to protect the Personal Data will remain in full force and effect.
8.3. If a change in any Data Protection Legislation prevents either party from fulfilling all or part of its Agreement obligations, the parties may agree to suspend the processing of the Personal Data until that processing complies with the new requirements. If the parties are unable to bring the Personal Data processing into compliance with the Data Protection Legislation within 30 days, either party may terminate the Agreement 20 working days on written notice to the other party.
9. Records
Sport:80 shall maintain, complete and accurate records to demonstrate its compliance with this DPA.
10. Notice
Any notice or other communication given to a party under or in connection with this DPA must be in writing and delivered in accordance with the Agreement:
Annex A
Personal Data processing purposes and details
Subject matter of processing: provision of the software as a cloud based application, and which functions as a platform for creating, collaborating, and distributing, storage, analysis and reporting details of members and customers of the Client to the Client and to the customers and members.
Duration of Processing: for so long as the Services are provided under the Agreement.
Nature of Processing: receiving and storing Personal Data in connection with the provision of the SMS and the agreed modules to the Client
Business Purposes: as required to provide the Services to the Client under the Agreement.
Personal Data Categories: as described in the Privacy Policy
Data Subject Types: members or customers of the Client