Introduction

Welcome to the Vision Sports Analysis Limited’s (VSA or “we”, “us” or “our”) privacy policy.

We respect your privacy, and we are committed to protecting your personal data. This privacy policy will inform you as to how we look after your personal data when you visit our Website (Website) (regardless of where you visit it from) or if you have subscribed to our sports analytical subscription Services (“Service(s)”) or such other similar services from time to time through our AI technology platform from the Website (“Portal”).  As part of the subscription Service, you will have secure access to the Portal and your unique page from where you can upload the Content and view / download the outputs of the Services.

If you have subscribed to our Service, this Privacy Policy, the Acceptable Use Policy, the Website Terms of Use and the Terms and Conditions of Service form part of the “Contract” between you and us. These policies and terms apply to your use of our site and the Services we offer especially when you upload Photographic Film Data and Content. In this policy, the following terms have the meaning ascribed to them:

Data Protection Laws: means the UK Data Protection Legislation and any other European Union legislation relating to personal data and all other legislation and regulatory requirements in force from time to time which apply to a party relating to the use of personal data (including, without limitation, the privacy of electronic communications regulations); and the guidance and codes of practice issued by the relevant data protection or supervisory authority and applicable to a party.

“Photographic Film Data and Content” or “Content” means the data created by you and uploaded by you whilst using our subscription Services and includes any data that we may receive from you as part of performing our Services whether in the form of film footage or any other compatible media including MP4, AVI format (or as otherwise agreed with you when further testing may be required at your cost) to the Portal and it may identify you or a Participant in a sporting arena and / or any Participant from the Content as a data subject.  

A “Participant” is any person, being an individual living person who actively takes part in a sports event that has been filmed or videoed by you whilst producing the Content. This term includes persons in Youth teams under the age of 18 (“Minors”) subject to clause 2. A Participant may also be a Participant that has been sub-licensed by you under the Terms and Conditions of the Subscription Services to view their own results of the Services through our Portal. This Privacy Policy applies to all Participants.

“You” or “Your” (as the context admits) means you, whether you are a user of our site, a subscriber to our Services, or a Participant under the Contract with us.

  1. Important information and who we are

Purpose of this privacy policy

This privacy policy aims to give you information on how we collect and process your and any Participants personal data through the use of this Website, the Portal and our Services and includes any other data you may provide through the Portal, or on this Website whether you sign up for our newsletter or take part in our interactive services or a competition that we may run.

It is important that you, as well as all Participants are aware of and read this privacy policy together with any other privacy policy or fair processing policy we may provide on specific occasions when we are collecting or processing personal data so that you are fully aware of how and why we are using the data. This privacy policy supplements other notices and privacy policies and is not intended to override them.

  1. Your responsibility relating to Youth Teams, namely those Participants that are under the age of 18 (“Youth teams”)

As part of your safeguarding obligations as a sports club, you are required to ensure that you have obtained the necessary legal consent required under the Data Protection Laws to allow you and us to use each Participants personal data in our provision of the Services. It is important for safeguarding and compliance purposes that parents/guardians who permit their children to participate in any event where Content is produced by you that you communicate with the Participants that they are going to be filmed for performance purposes and that this Content is going to be analysed for analytical purposes and obtain their unambiguous and clear written consent to do so. Please note that if a Participant is under the age of 18 but over the age of 13, they can provide consent. If a Participant is under the age of 13, their parents or lawful guardians must provide written consent. All Minors must have consented before any Content is uploaded on to the Portal.  

As we are processing personal data of Participants on your behalf, the use of any of our Services with Youth teams and Minors as Participants is conditional on written consent being obtained by you from their parents or guardians to enable us to process their personal data.

As part of us accepting to provide the Services to you, you accept all responsibility and hereby indemnify us in full for any loss or claim we may receive for your failure to obtain the requisite consent from a Participant, including Minors and their parents/guardians in writing to process such personal data as we may receive from you in the Content. We may, but we are not obligated to do so as this is your responsibility and undertaking, request copies of such consent to ensure your compliance with this provision.

In any event, you confirm that in relation to any Participant, whether they are Minors or not, that you have the necessary consent from them to enable us to legally process their personal data as required by Data Protection Laws and regulations to use their personal data and to allow us to provide the Services without hindrance. We have the right to suspend our provision of the Services, or to terminate the Contract immediately, if we reasonably deem that you are in breach of any of your obligations under the Data Protection Laws.

  1. Controller

If we are the controller, we will be responsible for your personal data.

We are a controller for the purposes of the Data Protection Act 2018 and the Data Protection Laws for all data that we collect about you or other people in your organisation for administration or business purposes.

For all Photographic Film Data and Content that you upload on to our Portal you are the controller of that data and we are the processor as you create, upload, and determine the purpose and means of the processing. As part of the Service that we offer, we will process that data on your behalf and upon your instruction under the Data Protection Laws. You will always own all rights and title (intellectual property rights) in the Content that you upload on to our Portal.

We have appointed a data protection officer (DPO) who is responsible for overseeing questions in relation to this privacy policy. If you have any questions about this privacy policy, including any requests to exercise your legal rights, please contact the DPO using the details set out below.

  1. Contact details

If you have any questions about this privacy policy or our privacy practices, please contact our DPO in the following ways:

Inderjeet Johal / Javier Garodi

Inderjeet.johal@ij-law.com / info@visionsportsanalysis.com

07809 299 369 / 07930 334792

You have the right to make a complaint at any time to the Information Commissioner’s Office (ICO), the UK supervisory authority or your local supervisory authority if in the EU or within another territory/country outside of the EEA for data protection issues. We would, however, appreciate the chance to deal with your concerns before you approach the ICO or other supervisory authority so please contact us in the first instance.

  1. Changes to the privacy policy and your duty to inform us of changes.

We keep our privacy policy under regular review.

It is important that the personal data we hold about you is accurate and current. Please keep us informed if your personal data changes during your relationship with us.

  1. Third-party links to our Website

This Website may include links to third-party Websites, plug-ins, and applications. Clicking on those links or enabling those connections may allow third parties to collect or share data about you. We do not control these third-party Websites and are not responsible for their privacy statements. When you leave our Website, we encourage you to read the privacy policy of every Website you visit.

  1. The data we collect about you.

Personal data, or personal information, means any information about an individual from which that person can be identified. It does not include data where the identity has been removed (anonymous data).

We may collect, use, store and transfer different kinds of personal data about you which we have grouped together as follows:

  • Identity Data includes first name, last name, username or similar identifier, title, date of birth and gender.
  • Contact Data includes billing address, or any other address if different, email address and telephone numbers.
  • Financial Data includes bank account and payment card details that we may not necessarily collect from you.
  • Transaction Data includes details about payments to and from you (whether from our 3rd party payments suppliers) and other details of the services you have purchased 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.
  • Profile Data includes your username and password, your interests, preferences, feedback and survey responses.
  • Usage Data includes information about how you use our Website, and our Services.
  • Marketing and Communications Data includes your preferences in receiving marketing from us and our third parties and your communication preferences.
  • Photographic Film Data and Content Uploaded by you to our Portal as defined above.

We also collect, use and share Aggregated Data such as statistical or demographic data for any purpose. Aggregated Data could be derived from your personal data but is not considered personal data in law as this data will not directly or indirectly reveal your identity. For example, we may aggregate your Usage Data to calculate the percentage of users accessing a specific Website feature. However, if we combine or connect Aggregated Data with your personal data so that it can directly or indirectly identify you or a Participant, we treat the combined data as personal data which will be used in accordance with this privacy policy.

We do not collect any Special Categories of Personal Data about you or Participants (this includes details about your race or ethnicity, religious or philosophical beliefs, sex life, sexual orientation, political opinions, trade union membership, information about your health, and genetic and biometric data). Nor do we collect any information about criminal convictions and offences. We may, however collect personal data.

  1. If you fail to provide personal data

Where we need to collect personal data by law, or under the terms of Contract we have with you, and you fail to provide that data when requested, we may not be able to perform the Services or any part thereof, for example, you fail to upload the Content to our Portal in a timely manner when we will not be able to perform the Services. You will be responsible for your failure in that case. If there is a serious breach by you of the terms of the Contract, or your obligations under the Data Protection Laws. or if we deem it to be so on reasonable grounds in the circumstances, we may have to cancel the Service you have with us or suspend them until such time as the breach has been rectified, but we will notify you if this is the case at the time in line with our Contract.

  1. How is your personal data collected?

We use different methods to collect data from and about you including through:

  • Direct interactions. You may give us your Identity, Contact and Financial Data (if required) by filling in forms or by corresponding with us by post, phone, email or otherwise. This includes personal data you provide when you:
  • apply for our Services.
  • create an account on our Website.
  • subscribe to our Service or publications including newsletters or marketing materials.
  • request marketing to be sent to you.
  • enter a competition, promotion, or survey; or
  • give us feedback or contact us in any manner.
  • Automated technologies or interactions. As you interact with our Website and our Portal, we will automatically collect Technical Data about your equipment, browsing actions and patterns. We collect this personal data by using cookies, server logs and other similar technologies. Please see our cookie policy for further details.
  • Third parties or publicly available sources. We will receive personal data about you from various third parties and public sources as set out below:

Technical Data from the following parties:

  • Contact, Financial and Transaction Data from providers of technical, payment and delivery services such as Paypal or Sagepay or whoever we use from time to time based inside or outside of the EU.
  • Identity and Contact Data from publicly available sources such as Companies House and the Electoral Register based inside the UK or the EU.

We try and limit the type and the amount of data that we collect about our customers’ as far as we possibly can.

  1. How we use your personal data

We will only use your personal data when the law allows us to and for providing the Services. Most commonly, we will use your personal data in the following circumstances:

  • Where we need to perform our part of the Contract we are about to enter into or have entered into with you.
  • Where it is necessary for our legitimate interests (or those of a third party) and your interests and fundamental rights do not override those interests.
  • Where we need to comply with a legal obligation or the Data Protection Laws.

Please see the glossary as attached to this privacy policy to find out more about the types of lawful basis that we will rely on to process your personal data.

Generally, we rely on consent as a legal basis for processing your or a Participants personal data in performing the Services. If we send any third-party direct marketing communications to you via email or text message, we will have your consent to do so if you have provided it via our Website or in signing up for the Services. You or any Participant has the right to withdraw consent to marketing at any time by contacting us.

  1. Purposes for which we will use your personal data

We have set out below, in a table format, a description of all the ways we plan to use your personal data, and which of the legal bases we rely on to do so. We have also identified what our legitimate interests are where appropriate.

Note that we may process your personal data for more than one lawful ground depending on the specific purpose for which we are using your data. Please contact us if you need details about the specific legal ground, we are relying on to process your personal data where more than one ground has been set out in the table below.

Purpose/Activity

Type of data

Lawful basis for processing including basis of legitimate interest

To register you as a new customer

(a) Identity

(b) Contact

Performance of a contract with you

To process and deliver the Services to you including:

(a) Manage payments, fees and charges

(b) Collect and recover money owed to us

(a) Identity

(b) Contact

(c) Financial

(d) Transaction

(e) Marketing and Communications

(a) Performance of a contract with you

(b) Necessary for our legitimate interests (to recover debts due to us)

To manage our relationship with you which will include:

(a) Notifying you about changes to our Terms and Conditions or privacy policy

(b) Asking you to leave a review or take a survey

(a) Identity

(b) Contact

(c) Profile

(d) Marketing and Communications

(a) Performance of a contract with you

(b) Necessary to comply with a legal obligation

(c) Necessary for our legitimate interests (to keep our records updated and to study how customers use our products/services)

To enable you to partake in a prize draw, competition or complete a survey

(a) Identity

(b) Contact

(c) Profile

(d) Usage

(e) Marketing and Communications

(a) Performance of a contract with you

(b) Necessary for our legitimate interests (to study how customers use our products/services, to develop them and grow our business)

To administer and protect our business, this Website, and our Portal (including troubleshooting, data analysis, testing, system maintenance, support, reporting and hosting of data) 

(a) Identity

(b) Contact

(c) Technical

(a) Necessary for our legitimate interests (for running our business, provision of administration and IT services, network security, to prevent fraud and in the context of a business reorganisation or group restructuring exercise)

(b) Necessary to comply with a legal obligation

To deliver relevant Website content and advertisements to you and measure or understand the effectiveness of the advertising we serve to you

(a) Identity

(b) Contact

(c) Profile

(d) Usage

(e) Marketing and Communications

(f) Technical

Necessary for our legitimate interests (to study how customers use our products/services, to develop them, to grow our business and to inform our marketing strategy)

To use data analytics to improve our Website, products/services, marketing, customer relationships and experiences

(a) Technical

(b) Usage

Necessary for our legitimate interests (to define types of customers for our products and services, to keep our Website and Services updated and relevant, to develop our business and to inform our marketing strategy)

To make suggestions and recommendations to you about goods or services that may be of interest to you

(a) Identity

(b) Contact

(c) Technical

(d) Usage

(e) Profile

(f) Marketing and Communications

Necessary for our legitimate interests (to develop our products/services and grow our business)

Creating Analytical outputs as part of our Services including:

·         Content uploaded by you on to our Portal.

·         Outputs of analysis data

·         Player profiles, skills

·         Individual performance and analysis

(a) Identity

(b) Contact

(c) Profile

(d) Usage

(e) Marketing and Communications

(f) Technical

Necessary for our legitimate interests

(to define types of customers for our products and Services, to keep our Website and Services updated and relevant, to develop our business and to inform our marketing strategy)

Consent received from data subjects confirmed by the Controller as part of the Contract.

  1. Marketing

We strive to provide you with choices regarding certain personal data uses, particularly around marketing and advertising.

  1. Promotional offers from us

We may use your Identity, Contact, Technical, Usage and Profile Data to form a view on what we think you may want or need, or what may be of interest to you. This is how we decide which Services and offers may be relevant for you (we call this marketing).

You will receive marketing communications from us if you have requested information from us or purchased our Services from us and you have not opted out of receiving that marketing.

  1. Third-party marketing

We will get your express opt-in consent before we share your personal data with any third party for marketing purposes.

  1. Opting out

You can ask us or third parties to stop sending you marketing messages at any time by logging into the Website and checking or unchecking relevant boxes to adjust your marketing preferences or by following the opt-out links on any marketing message sent to you or by contacting us at any time.

Where you opt out of receiving these marketing messages, this will not apply to personal data in the Content provided to us as a result of us providing the Service, your experience or other transactions.

  1. Cookies

You can set your browser to refuse all or some browser cookies, or to alert you when Websites set or access cookies. If you disable or refuse cookies, please note that some parts of this Website may become inaccessible or not function properly. For more information about the cookies we use, please see our cookie policy.

  1. Change of purpose

We will only use your personal data for the purposes for which we collected it, unless we reasonably consider that we need to use it for another reason and that reason is compatible with the original purpose. If you wish to get an explanation as to how the processing for the new purpose is compatible with the original purpose, please contact us.

If we need to use your personal data for an unrelated purpose, we will notify you and we will explain the legal basis which allows us to do so.

Please note that we may process your personal data without your knowledge or consent, in compliance with the above rules, where this is required or permitted by law.

  1. Disclosures of your personal data

We may share your personal data with the parties set out below for the purpose of providing the Services or as required by law in the following circumstances:

  • Internal Third Parties as set out in the
  • External Third Parties as set out in the Glossary.
  • Third parties to whom we may choose to sell, transfer or merge parts of our business or our assets. Alternatively, we may seek to acquire other businesses or merge with them. If a change happens to our business, then the new owners may use your personal data in the same way as set out in this privacy policy.

We require all third parties to respect the security of your personal data and to treat it in accordance with the law. We do not allow our third-party service providers to use your or a Participants personal data for their own purposes and only permit them to process your personal data for specified purposes and in accordance with our instructions.

  1. International transfers

We do not transfer your personal data outside of the UK or the European Economic Area (EEA).

If any of our external third parties are based outside the UK the EEA, their processing of your personal data will involve a transfer of data outside UK or the EEA.

Whenever we transfer your personal data out of the UK or EEA, we endeavour to ensure a similar degree of protection is afforded to it by ensuring at least one of the following safeguards is implemented:

  • We will only transfer your personal data to countries that have been deemed to provide an adequate level of protection for personal data by the UK supervisory authorities and the European Commission. For further details, see Relevant UK Data Protection and the EU Commission’s: Adequacy of the protection of personal data in non-EU countries.
  • Where we use certain service providers, we may use specific contracts approved by the European Commission which give personal data the same protection it has in Europe. For further details, see European Commission: Model contracts for the transfer of personal data to third countries. Please contact us if you want further information on the specific mechanism used by us when transferring your personal data out of the EEA.
  1. Data security

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.

  1. Data retention

How long will you use my personal data for?

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, regulatory, tax, accounting or reporting requirements. We may retain your personal data for a longer period in the event of a complaint or if we reasonably believe there is a prospect of litigation in respect to our relationship with you.

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, regulatory, tax, accounting, or other requirements.

By law we must keep basic information about our customers (including Contact, Identity, Financial and Transaction Data) for six years after they cease being customers for tax purposes.

In some circumstances you or a Participant may ask us to delete your data and if it is possible, we will do so.

In some circumstances we will anonymise your or a Participants personal data (so that it can no longer be associated with you or the Participant) for research or statistical purposes, in which case we may use this information indefinitely without further notice to you.

  1. Your legal rights

Under certain circumstances, you have rights under Data Protection Laws in relation to your personal data. including:

  • Request access to your personal data.
  • Request correction of your personal data.
  • Request erasure of your personal data.
  • Object to processing of your personal data.
  • Request restriction of processing your personal data.
  • Request transfer of your personal data.
  • Right to withdraw consent.

If you wish to exercise any of the rights set out above, please contact us by email.

No fee usually required

You will not have to pay a fee to access your personal data (or to exercise any of the other rights). However, we may charge a reasonable fee if your request is clearly unfounded, repetitive or excessive. Alternatively, we could refuse to comply with your request in these circumstances.

What we may need from you

We may need to request specific information from you to help us confirm your identity and ensure your right to access your personal data (or to exercise any of your other rights). This is a security measure to ensure that personal data is not disclosed to any person who has no right to receive it. We may also contact you to ask you for further information in relation to your request to speed up our response.

Time limit to respond

We try to respond to all legitimate requests within one month. Occasionally it could take us longer than a month if your request is particularly complex or you have made a number of requests. In this case, we will notify you and keep you updated.

Glossary

LAWFUL BASIS

Legitimate Interest means the interest of our business in conducting and managing our business to enable us to give you the best Service or product from them and the best and most secure experience. We make sure we consider and balance any potential impact on you (both positive and negative) and your rights before we process personal data for our legitimate interests. We do not use personal data for activities where our interests are overridden by the impact on you (unless we have your consent or are otherwise required or permitted to by law). You can obtain further information about how we assess our legitimate interests against any potential impact on you in respect of specific activities by contacting us.

Performance of Contract means processing your data where it is necessary for the performance of the Contract to which you are a party or to take steps at your request before entering into such a Contract.

Comply with a legal obligation means processing your personal data where it is necessary for compliance with a legal obligation that we are subject to.

THIRD PARTIES

Internal Third Parties

Other companies in our group acting as joint controllers or processors and who may be based in other countries outside of the UK and provide IT and system administration services and undertake leadership reporting.

External Third Parties

  • Service providers acting as processors who provide IT and system administration services.
  • Professional advisers acting as processors or joint controllers including lawyers, bankers, auditors, and insurers who may provide consultancy, banking, legal, insurance and accounting services.
  • HM Revenue & Customs, regulators and other relevant authorities.

YOUR LEGAL RIGHTS

You or any Participant has the right to:

Request access to 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.

Request correction of the personal data that 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 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. Note, however, that we may not always be able to comply with your request of erasure for specific legal reasons which will be notified to you, if applicable, at the time of your request.

Object to processing of your personal data where we are relying on a legitimate interest (or those of a third party) and there is something about your situation which makes you want to object to processing on this ground as you feel it impacts on your fundamental rights and freedoms. You also have the right to object where we are processing your personal data for direct marketing purposes. In some cases, we may demonstrate that we have compelling legitimate grounds to process your information which override your rights and freedoms.

Request restriction of processing of your personal data. This enables you to ask us to suspend the processing of your personal data in the following scenarios:

  • If you want us to establish the data’s accuracy.
  • Where our use of the data is unlawful, but you do not want us to erase it.
  • Where you need us to hold the data even if we no longer require it as you need it to establish, exercise or defend legal claims.
  • You have objected to our use of your data, but we need to verify whether we have overriding legitimate grounds to use it.

Request the transfer of your personal data to you or to a third party. We will provide to you, or a third party you have chosen, your personal data in a structured, commonly used, machine-readable format. Note that this right only applies to automated information which you initially provided consent for us to use or where we used the information to perform a contract with you.

Withdraw consent at any time where we are relying on consent to process your personal data. However, this will not affect the lawfulness of any processing carried out before you withdraw your consent. If you withdraw your consent, we may not be able to provide certain products or services to you. We will advise you if this is the case at the time you withdraw your consent.