SnookerCoach

Privacy Policy & User Agreement

Last update 30/08/2018

Please read this document carefully, because it contains essential information about how your personal data are processed as well as your user agreement. By using our services or delivering yours, signing an agreement with us, using our mobile apps or visiting our website, you declare that you have read this document and that you expressly agree to its content as well as to the processing itself.

Article 1 – General

1.1. SnookerCoach is compliant with the European Regulation 2016/679 of 27 April 2016 on the protection of personal data. (hereinafter “GDPR”)

1.2. SnookerCoach is responsible for the processing of your personal data.

Article 2 - Personal data

2.1. Personal data that you communicate to us:

Category 1:

without registration when using the app and when visiting our website: your IP address, language settings, last app starting time, time zone and push notification token;

Category 2:

when you register through the app: your username, password, e-mail, login data, uploaded pictures, your highest break and list of result values, preferred practice routines and sessions, your own created routines and sessions, your match data;

2.2. SnookerCoach can collect data from you (Personal Data) in different ways:

  1. through the use of an anonymous authentication token;
  2. through registration and use of the app;

Article 3 - Purposes of the processing

3.1. General purposes:

SnookerCoach will only use the Personal Data collected by you for the following purposes:

Category 1:

the maintenance and improvement of our Website and App and the inclusion of Personal Data in anonymous statistics, from which the identity of specific persons or companies cannot be determined, based on the legitimate interests of SnookerCoach to continuously improve its Website, its App and services;

Category 2:

managing your account on our app in view of your use of SnookerCoach, with as a legal base the performance of the service requested by you, as well as, if indicated by you, sending direct marketing, with as a legal base your explicit, prior consent;

3.2. Direct marketing:

The personal data may also be used for direct marketing of our services, provided you have given an additional explicit permission (“opt-in”) for this or you are an existing client of SnookerCoach and have not opted out.

If you are already included in our mailing list for receiving marketing material in paper and / or electronic form, SnookerCoach can use your details for sending marketing and other material with regard to SnookerCoach, its products and / or services. SnookerCoach can use the information you provide for updating documents saved by SnookerCoach.

This permission can be withdrawn at any time, without justification and free of charge, for example by clicking on the appropriate cancellation link at the bottom of each promotional e-mail message or by withdrawing permission for the use of push notifications.

3.3. Transfer to third parties:

In the event of full or partial reorganization or transfer of activities of SnookerCoach, where it reorganizes, transfers, ceases its activities or if SnookerCoach goes bankrupt, this may mean that your data will be transferred to new entities or third parties through which the business activities of SnookerCoach are wholly or partially carried out, transferred.

SnookerCoach may exchange your data with third parties for administrative, commercial or legal reasons.  Such third parties may include other SnookerCoach branch offices around the world, software suppliers of the software used by SnookerCoach to manage your data (ERP, CRM, Accounting, HR software), travel partners, embassies, consulates, government agencies, hotels, banks, credit card companies and PSP’s, postal services, Payroll services, social security services, tax authorities, insurance partners, meal ticket service providers, telecom providers, law firms, accountants, leasing companies, all types of Internet service providers and online service providers,

SnookerCoach will reasonably attempt to inform you in advance of the fact that SnookerCoach will disclose your information to the said third parties, but you also acknowledge that this is not always technically or commercially feasible under all circumstances and that the information above is sufficient to inform you of the possibility of any data transfer we might envision.

SnookerCoach will not sell your Personal Data, nor rent, distribute or otherwise make commercially available to third parties, except as described above or with your prior consent.

In certain circumstances, we may be held to export your data outside the European Union because of technical, organizational or legal requirements (server location outside EU, exchange with our branch offices or our local staff, travel arrangements, …).  In such case we guarantee you that we comply with EU data protections laws and have put in place the necessary protection of your data by means of either binding corporate rules, data transfer agreements or by ensuring that our US partners are covered by the EU-US privacy shield.

3.4. Legal requirements:

In rare cases, SnookerCoach may have to disclose your Personal Data pursuant to a court order or to comply with other mandatory laws or regulations. SnookerCoach will reasonably attempt to inform you in advance in this respect, unless this is subject to legal restrictions.

Article 4 - Duration of the processing

Data is stored and processed by us for a period that is necessary depending of the Purpose of the processing and in function of any contractual relationship between SnookerCoach and yourself.

Article 5 - Your rights

5.1. Right of access and information:

You have the right to receive free access to your personal data at any time, as well as to be informed of the use we make of your personal data.

5.2. Right of rectification, erasure and restriction of the processing:

You are free to decide not to communicate your personal data to SnookerCoach.

You also have the right to request us to rectify or erase your personal data.

You acknowledge that in case of refusal of communication or if you request for the erasure of personal data, certain services of the App or the Website may not be available.

You may also request to restrict the processing of your Personal Data.

5.3. Right to object:

You also have a right of opposition to the processing of your personal data for serious and legitimate reasons.

In addition, you always have the right to oppose the use of your personal data for direct marketing purposes; in such a case you do not have to provide us with reasons for this demand.

5.4. Right to data portability

You have the right to obtain your Personal Data processed by us in a structured, standard and machine-readable form and / or ask Us to transfer it to other Data controllers.

5.5. Right to withdrawal of consent

Insofar as the processing is based on your prior consent, you have the right to withdraw that permission.

5.6. Exercising your rights

You can exercise your rights by contacting us for this purpose by e-mail to app@snookercoaches.com. Always provide us with a copy of your identity card so that we are able to verify that the demand is coming from you.

5.7. Automatic decisions and profiling

The processing of your personal data may include profiling and automated decisions but always in accordance to the rules in the GDPR.

5.8. Right of complaint

You have the right to file a complaint with the Belgian Privacy Commission:             

Drukpersstraat 35, 1000 Brussel
Tel : +32 (0)2 274 48 00
Fax : +32 (0)2 274 48 35
contact@apd-gba.be

This right is without prejudice is without prejudice of eventual proceedings if you suffer damage as a result of the processing of your personal data, you can submit a claim for compensation with a civil Court.

Article 6 - Security and confidentiality

6.1. We have developed security measures that are adapted on a technical and organizational level in order to avoid the destruction, loss, falsification, modification, unauthorized access or notification by mistake to third parties of personal data collected as well as any other unauthorized processing of the data.

6.2. Under no circumstances can SnookerCoach be held liable for any direct or indirect damage resulting from incorrect or unlawful use by a third party of the personal data.

6.3. When visiting our app or website or using our software solutions, you must comply with the safety regulations at all times, for example by preventing any unauthorized access to your login and code. You are therefore solely responsible for the use made of our app, website, our software or your computer’s IP address and your identification data, as well as for the confidentiality thereof.

Article 7 - Access by third parties

7.1. In order to process your personal data, we may grant access to your personal data to our employees and appointees (including processors or sub-processors).

7.2. We guarantee a similar level of protection by making contractual obligations enforceable against these employees and appointees such as required by the GDPR.

Article 8 – Cookies

8.1. What are cookies?

A "cookie" is a small file sent by SnookerCoach server and placed on the hard drive of your computer. The information stored on these cookies can only be read by us and only for the duration of the visit to the Website.

8.2. Why do we use cookies?

Our Website uses cookies and similar technologies to distinguish your usage preferences from those of other users of our Website. This helps us to provide you with a better user experience when you visit our Website and also allows us to optimize our Website.

As a result of recent legislative changes, all Websites aimed at certain parts of the European Union are required to request your consent for the use or storage of cookies and similar technologies on your computers or mobile devices. This cookie policy gives you clear and complete information about the cookies we use and their purpose.

8.3. Types of cookies:

Although there are different types of cookies, distinguished in terms of functionality, origin or storage period, the legislation mainly distinguishes between functional or technically necessary cookies on the one hand and all other cookies on the other.

The Website only uses following cookies:

Functional cookies

Name

Origin

Function

Period of storage

N/A

 

 

 

Non-functional cookies

Name

Origin

Function

Period of storage

N/A

 

 

 

 

For cookies placed by third parties (including Google Analytics) we refer you to the statements that these parties give on their respective websites. Please note: we do not exert any influence on the content of these statements, nor on the content of the cookies of these third parties: Google Analytics cookies

8.4. Your permission:

On your first visit to our Website, and if cookies are applicable to you, you will be asked to accept our different types of cookies. You can allow or deny category by category of cookies. You can change the cookie settings for our Website at any time via the hyperlink at the bottom of our website and thus revoke your consent.

You can refuse the installation of these cookies by choosing "refuse cookies" when using the Website for the first time in the pop-up window.

You can also refuse or block cookies by changing the configuration parameters of your navigation system. Disabling cookies may mean that you cannot use certain features of the Website.

If you have any further questions or comments regarding the processing of your personal data, please contact us by e-mail to app@snookercoaches.be.

More information about cookies can also be found at: http://www.allaboutcookies.org/

More information on online behavioral advertising and online privacy can be found here: http://www.youronlinechoices.eu/

Article 9 – Intellectual property

9.1. SnookerCoach retains all ownership and all intellectual property rights to respectively the App, the Website, the Content, the Service and all associated software. It’s not allowed to copy or use them in any way without our prior and written authorization, unless permitted by law. These elements include notably trademarks, images, tables, texts and articles, software, databases, forms, domain names, corporate names, product names, logos, graphic elements and illustrations, graphs, music, colour combinations, slogans, lay outs, settlement sheets and any other element of the App or of the Services that is prone to protection.

9.2. User hereby grant to SnookerCoach an irrevocable, royalty-free, worldwide, assignable, sub-licensable licence to use any material which User submits to the App for the purpose of use on the App or for generally marketing, by any means and in any media, including, but not limited to, on SnookerCoach website or in SnookerCoach’s services. User agrees that he or she waives his or her moral rights to be identified as the author and SnookerCoach may modify his or her submission.

Article 10 – Limitation of liability

10.1 Use of the App does not include the provision of a mobile device or other necessary equipment to access it. To use the App User will require Internet connectivity and appropriate telecommunication links. SnookerCoach shall not have any responsibility or liability for any telephone or other costs User may incur.

10.2. SnookerCoach is under no circumstance responsible or liable for the Content offered through the App. This content is prone to amendments, can always be removed and is made available to the User without any explicit or implicit guarantees regarding its correctness. SnookerCoach is neither liable for the damages caused by the use of the content of its App, regardless of the fact that it seems accurate or not, nor for the damages caused by the use or circulation of this Content.

10.3 SnookerCoach makes every effort in order to provide access to its App 24 hours a day, 7 days a week. Regarding the technical features of smartphones, computers, Apps and the internet, and the necessity of periodic maintenance, update and upgrade, SnookerCoach cannot guarantee an uninterrupted access to its App. SnookerCoach will make every effort to remedy the reasonable cases of discontinuance or suspension of the access as soon as possible.

Such discontinuance or suspension can be caused by technical problems such as, but not limited to, a server crash or an error, bug or virus causing problems with the App. They are specific to the providing of this kind of services and will not be assimilated to failure in regard of SnookerCoach. They will lead in no way to penalty or compensation as regards to SnookerCoach. Nor can SnookerCoach be held liable for any consequences or direct or indirect damages caused to third parties or Users by any aspect of the Service, irrespective of the reason.

10.4 The Apps or websites of third parties to which the App occasionally refers are not managed, hosted or maintained by SnookerCoach. SnookerCoach is not liable for the content of these sites, for the links referring to them or for the amendments and updates made on them.

10.5 SnookerCoach does not offer warranty, explicit or implied, and cannot be held liable for the safety of the Content or for any theft or loss of or damage to the Content. The User should always provide proper back up at his own responsibility and expense.

10.6 User hereby releases SnookerCoach, its officers, directors, agents, and employees from all claims, demands, and damages (actual and consequential) of any kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of, or in any way, connected with any disputes arising between User and any suppliers, or between User and other App users.

10.7 USER ASSUMES ALL RESPONSIBILITY AND RISK WITH RESPECT TO HIS OR HER USE OF THE APP. THE APP IS AVAILABLE “AS IS,” AND “AS AVAILABLE”. USER UNDERSTANDS AND AGREES THAT, TO THE FULLEST EXTENT PERMITTED BY LAW, SNOOKERCOACH DISCLAIMS ALL WARRANTIES, REPRESENTATIONS AND ENDORSEMENTS, EXPRESS OR IMPLIED, WITH REGARD TO THE APP, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE. SNOOKERCOACH DOES NOT WARRANT USE OF THE APP WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT ERRORS WILL BE DETECTED OR CORRECTED. SNOOKERCOACH DOES NOT ASSUME ANY LIABILITY OR RESPONSIBILITY FOR ANY COMPUTER VIRUSES, BUGS, MALICIOUS CODE OR OTHER HARMFUL COMPONENTS, DELAYS, INACCURACIES, ERRORS OR OMISSIONS, OR THE ACCURACY, COMPLETENESS, RELIABILITY OR USEFULNESS OF THE INFORMATION DISCLOSED OR ACCESSED THROUGH THE APP. SNOOKERCOACH HAS NO DUTY TO UPDATE OR MODIFY THE APP AND SNOOKERCOACH IS NOT LIABLE FOR ITS FAILURE TO DO SO. IN NO EVENT, UNDER NO LEGAL OR EQUITABLE THEORY (WHETHER TORT, CONTRACT, STRICT LIABILITY OR OTHERWISE), SHALL SNOOKERCOACH OR ANY OF ITS RESPECTIVE EMPLOYEES, DIRECTORS, OFFICERS, AGENTS OR AFFILIATES, BE LIABLE HEREUNDER OR OTHERWISE FOR ANY LOSS OR DAMAGE OF ANY KIND, DIRECT OR INDIRECT, IN CONNECTION WITH OR ARISING FROM THE APP, THE USE OF THE APP OR SNOOKERCOACH’ S AGREEMENT WITH USER CONCERNING THE APP, INCLUDING, BUT NOT LIMITED TO, COMPENSATORY, DIRECT, CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL OR PUNITIVE DAMAGES, LOST ANTICIPATED PROFITS, LOSS OF GOODWILL, LOSS OF DATA, BUSINESS INTERRUPTION, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION, EVEN IF SNOOKERCOACH HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. IF SNOOKERCOACH IS HELD LIABLE TO USER IN A COURT OF COMPETENT JURISDICTION FOR ANY REASON, IN NO EVENT WILL SNOOKERCOACH BE LIABLE FOR ANY DAMAGES IN EXCESS OF ONE HUNDRED FIFTY EURO (€150.00). SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO CERTAIN USERS. IF ANY LIMITATION ON REMEDIES, DAMAGES OR LIABILITY IS PROHIBITED OR RESTRICTED BY LAW, SNOOKERCOACH SHALL REMAIN ENTITLED TO THE MAXIMUM DISCLAIMERS AND LIMITATIONS AVAILABLE UNDER THIS AGREEMENT, AT LAW AND/OR IN EQUITY.