Regulations of the SportsManago Sports Club Management System
§ 1 [GENERAL PROVISIONS]
These Regulations (hereinafter referred to as "Regulations") specify the terms of providing services by the Service Provider via e-mail, granting access to the System via the Internet and processing of Data collected in the System in accordance with the provisions of the Regulations, Agreement and regulations Act of 18 July 2002 on the provision of services by electronic means
These Regulations constitute an agreement to provide services between the Service Provider (the "Agreement"), unless a separate agreement has been concluded between the Service Provider and the User. In the case of a separate agreement, these Regulations constitute its integral part, unless the contract provides otherwise. In the event of a conflict between the provisions of the Regulations and a separate agreement - priority is given to a separate contract.
In matters not regulated in the Regulations - the provisions of universally applicable law apply, including in particular the provisions of the Civil Code.
The terms used in the Regulations mean:
Account Administrator - the User with the Account Administration rights,
Price list â offer of the Service Provider, presenting a comparison of the functionality and prices of the Subscription Options, made available in an electronic version on the Website,
Data - data entered by the User, including personal data, stored in the System,
Password - letters, special characters (cursor, underline) and digits with a minimum length of 6 characters - defined by the User, only known to him and assigned to the User, required for logging in to the System by the User,
Account - a set of services provided by the Service Provider to the User, together with individual User settings, thanks to which the User may use the System in the User's option â and the following options are possible:
Standard Account - a prepaid Account variant with basic functions,
Extended Account - a custom Account variant with additional features,
Parent Account - Account type for parents and players,
Account Manager - Account type for managers,
Coach account - Account type for trainers,
Login (Identifier) â individual and unique User identification in the System,
Minimum Requirements of Equipment - a device having access to the Internet, equipped with browser websites, using HTML5 and Flash (as at the date of making these Regulations, these requirements are fulfilled, among others: [***]
Subscription Period - the period of using the Account for which the User pays the Subscription Fees,
Trial Period - the period of the next 14 calendar days following the Registration, during which the User uses the System free of charge in the scope of the selected Standard or Extended Account type,
Subscription Fee - annual fee due to the Account in the amount resulting from the chosen Subscription Option,
Account Settings Panel - a part of the Subpage System on which the Account Administrator can edit Account settings,
Registration - a one-off act of being made by an Account User, made using the registration form provided by the Service Provider on the Website,
Website â page www.sportsmanago.pl and all sub-pages and related pages,
System - a teleinformation system maintained and developed by the Service Provider that enables the introduction, collection and processing of specific teleinformation data related to the running of a sports club, from which the rules resulting from the Regulations or the Agreement are used by the User,
"Service" should be understood as the services provided by the Service Provider on the terms set out in the Regulations or the Agreement,
Service Provider â Witold Dyjur, who conducts business operations under the company Dyjur Unlimited Witold Dyjur, with headquarters in Wysoka (52-200) at ul. Cztery Podkowy 5/12, NIP: 612-168-57-09, REGON: 020818185 .
User - a natural person, a legal person or an organizational unit without legal personality, which the Act grants the legal capacity of using the Services provided by the Service Provider; in the case of natural persons who do not have full legal capacity, these persons are represented in the acceptance of the Regulations by statutory representatives or legal guardians,
Subscription Option - the type of a Reward Standard or Extended Account chosen by the User,
Change of Account Parameters - improvement of the Account made on the User's Request, consisting in increasing its functionality, by selecting one of the Standard or Extended Account types and making the appropriate payment; the improvement takes place when the Service Provider receives the message about the payment of the amount in the price set in the price list,
RODO - Regulation of the European Parliament and of the Council (EU) of 26 April 2016 on the protection of individuals with regard to the processing of personal data and on the free movement of such data and repealing Directive 95/46 / EC (general regulation on data protection (Official Journal of the European Union L. of 2016, No. 119, page 1),
Personal data - data within the meaning of art. 4 point 1) RODO, ie all information regarding an identified or identifiable natural person,
Processing of personal data - all operations or a set of operations performed on personal data or personal data sets, in an automated or non-automated way, such as collecting, recording, organizing, organizing, storing, adapting or modifying, downloading, viewing, using, disclosing by posting, distributing or otherwise giving access, matching or linking, limiting, deleting or destroying, within the meaning of art. 4 point 2) RODO.
The Service Provider specified in the Regulations is the Service Provider. The Service Provider shall provide electronic services in accordance with the Regulations, unless otherwise provided in the contract. The Service Provider has the right to use the help of third parties for the ongoing maintenance of the System and the Website.
§ 2 [CONCLUSION AND DEVELOPMENT OF THE AGREEMENT]
By using the System and ordering the Service or by gaining access to the System, the User confirms that he has become familiar with its description, terms of its provision by the Service Provider and these Regulations and that it accepts all provisions of these Regulations. The Regulations are made available on the Website before concluding the Agreement or obtaining access to the System in a way that allows obtaining, reproducing and recording its contents using the ICT system which the User is serving.
The acceptance of the provisions of the Regulations shall take place:
in the case of acceptance expressed during the Account Registration - by clicking the appropriate button or checking the "accept the Regulations" option,
in other cases - through the actual use of the System; The Service Provider treats the actual use of the System as a statement about familiarizing with its contents and accepting its provisions from the moment of the first use of the System - and the User agrees to this.
The condition of gaining access to the Account and the Services offered by the System is to register the Account by the User. Access to the Account and the Service have also Users who have access to the account based on the instructions of the Account Administrator.
The User declares that he / she accepts that the correct use of the System's functionality is possible only if the Minimum Requirements for Equipment are met. The Service Provider is not responsible for limitations or technical problems in the hardware used by the User, which prevents the User from using the System and the Service.
The Service Provider reserves the right to terminate the Agreement without notice, if the User:
deliberately violating the provisions of the Agreement or the Regulations,
performs activities that are against the law,
commits actions aimed at violating the security of data collected in the System or makes an unauthorized attempt to access the System.
The user may withdraw from the contract and end the use of the system by completing the subscription in the settlement cycle of his choice.
In the event of earlier withdrawal from the contract, the subscription fee is not returned. This is particularly about situations in which the Service Provider, as part of the subscription fee (at its own expense), introduced changes in the system in accordance with the user's wishes (the so -called individual "customization" of the system in accordance with the needs of the user).
§ 3 [REGISTRATION OF ACCOUNT]
The User registers by completing the registration form, made available by the Service Provider on the Website - at least in the area marked as "obligatory" (Subscription Option, individual account name - Login, User's e-mail address, Password). After filling in the form, the User should confirm it with the "Done" button.
Within 48 hours from the moment of performing the activities described in paragraph 1 above - the User will receive, to the e-mail address indicated by him - a package containing the confirmation of the Registration and the so-called activation link. Opening of the so-called the activation link in the browser is necessary to activate the User Account. Upon activation, full use of the System and the Service is possible. In the absence of activation of the Account within 7 days from the date of completing the activities described in paragraph 1 above - the registration data is removed from the System.
From the moment of activating the Account, the User has the possibility to use the System uninterruptedly by the Trial Period.
After the expiration of the Trial Period, further use of the System is free. For this purpose, the User should select the Subscription Option and enter the Subscription Option resulting from the Price List valid on the day of the end of the Trial Period. Lack of choice of the Subscription Option, as well as failure to pay the Subscription Fee, results in the loss of the right to use the System and its functionality. In this case, after 7 days from the expiry of the Trial Period, the Service Provider will delete the Account from the System.
The choice of the Subscription Option requires supplementing the registration data with: [***].
By completing the Registration and supplementing the registration data, the User is obliged to provide data compliant with the current and accurate truths, which do not introduce errors and do not infringe the rights of third parties. The user bears the sole responsibility for the content of the data provided by him. It is also the User's duty to guarantee the confidentiality of the Password. The Service Provider will treat all the content and orders of the Service submitted using the User's Login and User Password as submitted by the User - and to which the User agrees.
The user has the obligation to update the e-mail address - which is possible in the Account Settings Panel. The User acknowledges that the Service Provider will direct all information related to the provision of the Service to the e-mail address provided by the User, accepting in the event of doubts that this information has been effectively delivered to the User.
Upon receipt of the Subscription Fee by the Service Provider, the Subscription Period begins. Before its completion, the User should pay the Subscription Fees for the next Subscription Period. If the Subscription Fees are not paid for the next Subscription Period, the Service Provider is entitled to block all User Accounts from the end of the Subscription Period for which the Subscription Fee has been paid - and after the next 7 days - to delete User Accounts and his Data from the System.
Submission by the User of the termination of the Agreement before the end of the Subscription Period is effective from the end of this Subscription Period.
§ 4 [SECURITY SERVICE, INTERRUPTION IN SERVICE]
The services are carried out by the Service Provider through the Internet network. Due to the technical conditions of this network, the Service Provider has limited possibilities to control data transmission over the internet, nevertheless, he has made an effort to ensure that the transmission between the User's device and the System takes place in a secure manner, ie that the information will be sent in their confidentiality and completeness.
The Service Provider uses technical and organizational measures to ensure the security of the System and Data that is adequate to the degree of security risk.
All events affecting the security of information transfer should be sent to the Service Provider to the e-mail address of the Service Provider indicated on the Website.
Bearing in mind the necessity to ensure the security of the System and the efficiency of its operation - the Service Provider reserves the right to temporarily interrupt the operation of the System and the Provided Services. Scheduled technical breaks The Service Provider will endeavor to carry out at night hours - striving to minimize system downtime.
The Service Provider is not liable to the User for non-performance or improper performance of the Services for reasons attributable to third parties independent of the Service Provider (including telecommunications network operators) or caused by acts of higher power. The above limitation does not apply to third parties for which the Service Provider is responsible for any actions or omissions.
§ 5 [USING THE SYSTEM]
The user is obliged in particular to:
use the System in a manner consistent with the provisions of the Regulations,
use the System in a way that is not disgusting to other Users, respecting their personal rights (including the right to privacy) and any rights that they may be entitled to,
use the System in a way that does not interfere with its operation, in particular through the use of specific software or devices
use any content posted within the System only in the field of its own internal and personal use; the use of content in a different scope is allowed only on the basis of explicit consent given by an authorized person,
immediately notify the Service Provider of any breach of any security breach as part of his use of the System, as well as any violation of the rules set out in the Regulations.
The user is forbidden to:
placing unsolicited commercial information in the system,
taking steps to obtain information not intended for the User,
undertaking actions aimed at obtaining access to data not attributable to the User (such as bypassing or breaking the authorization system, bypassing or breaching security) or by attempting to disrupt the correct operation of the System (including attempting to obtain source codes of the System).
The User is solely responsible for his activities conducted using Data in connection with the Services provided by the Service Provider. In particular, the Service Provider is not liable for infringing the rights of third parties and for causing any damage to third parties.
The Service Provider is entitled to limit and deprive the User of the System, its resources and the Service, including immediate effect, if the User violates the Regulations. In particular, this right is granted to the Service Provider in the following cases:
violation through the Account or the System of personal rights, in particular personal rights of other Users,
taking actions by the User contrary to applicable law,
taking actions by the User contrary to the generally accepted principles of social co-operation, contrary to the principles of using the Internet (so-called Netiquette), contrary to the objectives of creating the System,
taking actions by the User violating the good name of the Service Provider,
violation of duties resulting from § 3 para. 6
attempts to obtain the right to use the System by the User who has been deprived of the right to use the System (except for the repeated registration of Users who have obtained the express consent of the Service Provider for a repeated registration).
In the cases referred to in the preceding paragraph, the Subscription Fee paid is not subject to reduction or refund. This does not apply to persons referred to in art. 221 of the Civil Code.
The User is entitled to submit instructions to delete the Account, thus waiving the right to continue using the Account. The implementation of this instruction is irreversible. In this situation, paragraph 5 above shall apply accordingly.
§ 6 [RULES OF SAFETY]
The Service Provider makes available to the User the option of using the System free of charge - except for using the System as part of the Trial Period.
On the Website, the Service Provider publishes the current Price List, including an indication of the price of individual Subscription Options.
The Service Provider is authorized to change the Pricelist - with the reservation that the change in the Price List does not entitle the Service Provider to a Refund to Subscription Fees, which has been paid before the change in the Price List (the revised Price List applies from the new Subscription Period).
The User is obliged to pay the Subscription Fee "top", ie before the Subscription Period begins. The first day of the Subscription Period is the date of booking the User's payments in the Service Provider's bank account. The Subscription Period ends on the date which corresponds to the starting day of the Subscription Period, and if such day in a given month is not on the last day of this month.
Payments to Users may be made by transfer to the bank account of the Service Provider number: 82 1140 2004 0000 3802 5512 1202, as well as via DotPay. The service provider may agree to make the payment in a different form. Detailed information in this regard is available in the Account Settings Panel.
The payments made by the User are documented by the Service Provider in the form of a VAT invoice. This invoice is made available in the System, and in the case of selecting the appropriate option - also sent to the User's e-mail address.
If the User deletes the data, the Service Provider offers the possibility of restoring the data from a backup copy for an additional fee, the amount of which is specified in the Price List. The data restoration procedure may be initiated only at the User's written request.
§ 7 [PERSONAL DATA, PRIVACY]
The Administrator of the Users' personal data is the Service Provider.
Personal data are processed in compliance with applicable laws, and in particular with the use of appropriate organizational and technical means to secure them, adequate to the threats and category of data subject to protection. In particular, the Service Provider protects data against their being made available to unauthorized persons, being taken by unauthorized persons, processed in violation of the law and changing, loss, damage or destruction.
The Service Provider processes Users' personal data primarily to perform the Contract for the Services and for contact purposes. With the consent of the User, the Service Provider may process personal data for the purpose indicated in the consent.
Before collecting personal data, as well as before receiving the consent to their processing, the Service Provider provides all the information required by law and indicates:
your identity and contact details,
the purposes of processing personal data and the legal basis of processing,
information about recipients of data,
the period during which personal data will be stored,
information about the right to request access to personal data, rectification, deletion or limitation of processing,
information about the right to object to the processing, data transfer, withdrawal of consent at any time, lodging a complaint to the supervisory body;
information whether the provision of personal data is a statutory or contractual requirement or a condition for the conclusion of a contract and whether the data subject is obliged to provide it and what are the consequences of not submitting data;
information about automated decision making, including profiling.
The information referred to in para. 4 above, are available at https://sportsmanago.pl
The service provider processes personal data only for the purposes for which it was collected.
§ 7 a [THE AREA OF DATA FOR REVISION]
For the purpose and for the needs of the Contract, in accordance with art. 28 RODO, the User entrusts the Service Provider with the processing of personal data entered into the System (hereinafter referred to in the paragraph "Data"), on the terms set out in the provisions of this paragraph.
The user is the administrator of the Data collected in the system, within the meaning of art. 4 point 7) RODO and certifies that it is entitled (has a legal basis) to process Data that it places in the System.
The service provider is a processing entity in the understanding of art. 4 point 8) RODO.
The Service Provider under the Agreement provides the Service consisting in granting access to the System in the SaaS model (Software as a Service) and the application is stored and executed on the computers of the Service Provider and is made available to Users via the Internet.
By using the System, the User processes Data, which includes, among others, personal details of players, parents and trainers. The user processes personal data as well as - in the case of players - he may process health data.
The User entrusts the Service Provider Data for processing for the purpose and for the purpose of the Contract - as part of:
servers, software and infrastructure managed by the Service Provider,
systems managed by the Service Provider
Entrusting includes all categories and types of personal data that the User enters into the System.
The goal of entrusting is to administer the System in the scope of:
server backups,
Providing support and technical assistance to the User,
processing of personal data by software placed on servers, and consisting in the transmission of this data between different elements of the system.
The Service Provider undertakes to process the Data entrusted to it in accordance with these Regulations, RODO and other generally applicable laws that protect the rights of persons whose data relate to
The Service Provider undertakes due diligence in the processing of the Data entrusted, in particular it undertakes to protect them by applying appropriate technical and organizational measures ensuring an adequate degree of security, corresponding to the risk related to the processing of personal data, referred to in art. 32 RHODE.
The Provider agrees to protect the Data entrusted against unauthorized or unlawful processing (destruction, loss, modification, unauthorized disclosure or unauthorized access to personal data transmitted, stored or otherwise processed) and accidental loss, destruction or damage, using appropriate technical or organizational measures.
The Service Provider is liable for damages caused to the User as a result of processing the Data by the Service Provider that is inconsistent with the provisions of this paragraph.
The Service Provider is not responsible for the consequences resulting from access to Data of third parties, which was the consequence of providing or inappropriate protection of logins and passwords to servers or systems by the User.
The Service Provider undertakes that all persons who allow the processing of Data entrusted to perform this Agreement shall be authorized to do so and shall be bound by secrecy both during employment and after its termination.
As far as possible, the Service Provider assists the User to the extent necessary to respond to the obligation to respond to the requests of the person to whom the data refer to and to respond to the obligations set out in Art. 32-36 RODO.
The Service Provider, after finding a breach of Data protection, without undue delay - as far as possible, no later than within 36 hours after finding the violation, shall notify the User.
The user, in accordance with art. 28 para. 3 point h) RODO, has the right to control whether the funds used by the Service Provider in processing and securing entrusted Data meet the provisions of this paragraph.
The Service Provider provides the User with all information necessary to demonstrate compliance with the obligations set out in Article 28 THE RHODE.
The Service Provider undertakes to promptly inform the User about any proceedings, in particular administrative or judicial, regarding the processing by the Service Provider specified in this paragraph, of any administrative decision or ruling regarding the processing of such data, directed at to the Service Provider, as well as any planned, if reasonable, or carried out controls and inspections regarding processing by the Service Provider.
The Service Provider is entitled to further entrust the processing of Personal Data to selected third parties - subcontractors - to the extent necessary for the proper performance of the Agreement and the provisions of this paragraph. The Service Provider will inform the User of any intended changes regarding the addition or replacement of other processors, giving the User the opportunity to object to such changes within 7 days. The subcontractor shall meet the same guarantees and obligations imposed on the Service Provider under these Regulations. The Service Provider bears full responsibility to the User for not complying with the data protection obligations of the subcontractor.
The User is obliged to cooperate with the Service Provider in order to properly perform the obligations described in this paragraph and to provide the Service Provider with necessary information when it is necessary for the proper performance of the Agreement.
In the case of using the public network, the User undertakes to use a secured remote connection (VPN, SSL, encryption of transmission in the case of connections to the database). All persons authorized / authorized by the User to process Data, are obliged to work in the systems of the Service Provider using authentication.
Entrusted Data will be processed by the Service Provider only for the purpose of the Contract and for its duration. In the event of termination of the Agreement, the Service Provider shall promptly, no later than within 14 days, delete Data from the System and destroy copies of the Data on any media containing them.
In matters not regulated in this paragraph, generally applicable regulations apply, in particular to the GDP.
§ 8 [COMPLAINTS]
The Service Provider remains open to dialogue with Users who can contact the Service Provider in all matters regarding the System and the Service via e-mail - by sending it to the address indicated on the Website ("Contact") or to the correspondence address of the Service the advocate (indicated in § 1 (4) (p) above).
In the same way, the Service Provider accepts all kinds of complaints. In the case of traditional correspondence - it is advisable to put a "Complaint" on the envelope in order to efficiently give it a run.
The complaint should include:
name and surname of the User or his company
User Login,
address of the User's residence or registered office (or address for correspondence),
the User's e-mail address currently provided in the System,
detailed description and reason for the complaint.
Users' complaints are recognized by the Service Provider within 14 calendar days from the date of receipt of the complaint. The user receives a response to the complaint via e -mail.
The Service Provider may ask the User to supplement the complaint. The time of answering by the User is not counted until the complaint referred to in paragraph 4 above.
Consideration of the complaint by the Service Provider is final, however, the User is authorized to, of course, pursue his or her claims against the Service Provider through court proceedings.
§ 9 [COPYRIGHT]
All copyrights to the System, including proprietary proprietary rights, intellectual property rights to names, Internet domains, logos and other System materials are the property of the Service Provider or have been made available to him on the basis of relevant agreements and are subject to legal protection in accordance with the applicable law, in particular the provisions of the Act of 4 February 1994 on copyright and related rights.
Without the consent of the Service Provider expressed in writing under pain of nullity, no elements of the System may be used, duplicated, copied, fixed or made available to the public in any way.
The User is entitled to use the System only on the terms set out in the Regulations and the concluded Agreement. The conclusion of the Agreement does not constitute any authorization or license to use proprietary proprietary rights, including subsidiary rights, rights to intellectual property and other materials related to the System.
§ 10 [FINAL PROVISIONS]
The Provider declares and the User accepts that the Service Provider is entitled to transfer all or part of the rights and obligations arising from this contract to a third party.
The User may not assign or waive the rights and obligations resulting from the Regulations or change their content without the written consent of the Service Provider.
In any case, the liability of the Service Provider towards the User for any title is limited to the amount of the remuneration charged by the Service Provider in connection with the Service, and also the User's rights to the Service Provider are excluded in respect of the requests for in art 556 and subsequent acts of April 23, 1964 Civil Code - with the reservation that the provisions of this paragraph shall not apply to Users who are consumers within the meaning of Art. 221 of the Civil Code, as well as the situation provided for in art. 473 § 2 of the Civil Code.
In matters not regulated by the Regulations, the provisions of the Civil Code and other acts shall apply.
The law applicable to all matters related to the use of the Account and the execution of the contract is Polish law.
The Service Provider is authorized to amend these Regulations. The Service Provider will inform about the change of the Regulations on the Website, and will inform the User about it when using the System. The amended Regulations come in Zycie:
at the moment of consenting to the User's amended Regulations,
if you do not receive your objection within 14 days from the date of posting the Regulations on the Website.
The amendment of the Regulations authorizes the User to terminate the Agreement.
