Terms and Conditions
Terms of Service for Members and Users
http://www.pitchero.com/clubs/marlowhc (“Us”) is operated by Pitch Hero Limited
2 Description of service
The Service is web-based and allows users that register for an account to use the Service (each an “Account Holder”) to create and update an online profile on the Website. Once registered with the Service, each Account Holder receives his or her own profile on which to post Content (as defined in clause 8.1). Unless explicitly stated otherwise, any new features that augment or enhance the current Service, shall be subject to these Terms.
In order to use the Service, you must arrange for access to the Internet and provide all equipment necessary to make such connection. Our Service may include certain communications from Us, such as service announcements, administrative messages and hockey-related info, which are considered part of Marlow Hockey Club membership, although you will be able to opt out of receiving them. You agree not to access the Service by any means other than through the interfaces that are provided by Pitchero for use in accessing the Service.
Users under 14 years of age may access the Website but cannot be an Account Holder or create a Pitchero ID, this is the responsibility of the parent / guardian.
In order to use the Service, you must have a valid Pitchero ID. To be an Account Holder with your own website, you must provide Pitchero with a valid email address and other information ("Registration Data"). As an Account Holder, you will choose a password and account designation for your website during the Service's registration process. You are responsible for maintaining the confidentiality of the password and account and are fully responsible for all activities that occur under your password or account.
You agree to immediately notify Us in writing of any unauthorised use of your password or account or any other breach of security and you must ensure that you exit from your account at the end of each session. We will not be liable for any loss or damage arising from your failure to comply with this clause 3.3.
You agree to provide true, accurate, current and complete information about yourself as prompted by the Service's registration form, and you must maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or We have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Service (or any part thereof).
4 Charges and payment
We operate a subscription membership for players and these are noted in our membership information section, this is updated on an adhoc basis.
All payments (except cheques) are processed via 3rd party payment providers and we will not have access to your card and/or bank details at any time.
The charges will be payable in advance and you can choose whether to pay monthly or annually. If you pay online by credit card or direct debit we will automatically take payment each month/year (as applicable) and will continue to do so until you advise us otherwise in line with the product you subscribe to.
You can cancel a package at any time via your website control panel. You can also send us a cancellation request via email to firstname.lastname@example.org, or in writing to our postal address. Please include your contact details in case We have an issue with processing your request.
If we accidentally take payment after you have given us notice that you no longer wish to pay for a package we will refund you in full. We may also issue you with a refund if any of the package features are not available, but only if the unavailability is due to our act or omission.
If we are unable to collect payment for any reason or you fail to pay the charges, we may suspend the features of the relevant package/ membership until we receive payment in full and in cleared funds.
5 Cancellation and termination
If you cancel the Service, your cancellation will take effect immediately. After cancellation, we will archive your account and this will not be re-instated unless requested. We accept no liability for such deleted information or content.
6 Data and privacy
For the purposes of data protection legislation, We process your personal data to enable you to make use of the various goods and services We offer and ensure the security of your account. We may also use your data for marketing purposes and/or marketing and commercial use by hockey related third parties.
When you upload any videos or photos onto Our Website, you agree to grant us a licence in accordance with clause 11.2 and We shall be free to use such videos/photos as We see fit. In respect of the videos/photos. Where you upload videos or photos of third parties, you will be asked to confirm you have their consent to do so.
7 Ownership of website account and security
You are responsible for maintaining the security of your account and profile, and you are fully responsible for all activities that occur under the account and any other actions taken in connection with the website. You agree to notify Us immediately in writing of any unauthorised use of the account or any other breaches of security. We will not be liable for any loss or damage from your failure to comply with this clause 7. Under no circumstances will We be liable, in any way, for any acts or omissions by an Account Holder or a Guest.
8 Content and content rules and obligations
You understand that all information, data, text, software, music, sound, photographs, graphics, video, messages, goods, products, services or other materials ("Content") are the sole responsibility of the person from which such Content originated. You are entirely responsible for all Content that you upload, post, transmit or otherwise make available via the Service. Marlow Hockey Club as such, does not guarantee the accuracy, integrity or quality of such Content.
You understand that by using the Service, you may be exposed to Content that is offensive, indecent or objectionable. Under no circumstances will We be liable in any way for any Content, including, but not limited to, for any errors or omissions in any Content, or for any loss or damage of any kind incurred as a result of the use of any Content posted, transmitted or otherwise made available via the Service.
Our administrators are obliged to pre-screen Content, but We shall have the right (but not the obligation) in Our sole discretion to refuse, move or delete any Content that is available via the Service. You agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content. You acknowledge that you may not rely on any Content created or submitted by Us.
We may preserve Content and may also disclose Content if required to do so by law or if We believe, in the good faith, that such preservation or disclosure is reasonably necessary to:
comply with legal process;
enforce these Terms;
respond to claims that any Content violates the rights of third-parties; or
protect the rights, property, or personal safety of Marlow Hockey Club, its users and the public.
You understand that the technical processing and transmission of the Service, including your Content, may involve transmissions over various networks and changes to conform and adapt to technical requirements of connecting networks or devices.
Should Content be found or reported to be in violation with, but not limited to, the following terms, it will be in Marlow Hockey Club's sole discretion as to what action should be taken.
You agree that you will not:
upload, post, transmit or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libellous, invasive of another's privacy (including the disclosing of any address, email, phone number, or any other contact information without the written consent of the person to which such information relates), hateful, or racially, ethnically or otherwise objectionable;
impersonate any person or entity, including, but not limited to, a Marlow Hockey Club official or falsely state or otherwise misrepresent your affiliation with a person or entity;
forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Service;
upload, post or otherwise transmit any Content that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements)
upload, post or otherwise transmit any Content that infringes any patent, trademark, trade secret, copyright, rights of privacy or publicity, or other proprietary rights of any party;
upload any Content unless you have the right to grant a licence in accordance with clause 11.2;
upload, post, or transmit unsolicited commercial email or "spam". This includes unethical marketing, advertising, or any other practice that is in any way connected with "spam", such as (a) sending mass email to recipients who haven't requested email from you or with a fake return address, (b) promoting a site with inappropriate links, titles, descriptions, or (c) promoting your site by posting multiple submissions in public forums that are identical;
upload, post or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; and
interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the
Viruses, hacking and other offences
You must not misuse Our Site by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to Our Site, the server on which Our Site is stored or any server, computer or database connected to Our Site. You must not attack Our Site via a denial-of-service attack or a distributed denial-of service attack.
By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and We will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use Our Site will cease immediately.
We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of Our Site or to your downloading of any material posted on it, or on any website linked to it.
10 Additional software
If you elect to download or access any or third-party Content or additional software that may be made available by Us in connection with the Service, you understand that you may have to agree to additional terms and conditions before you use such software or third-party Content.
You also agree that the use of any third-party software or Content obtained through the Service does not transfer to you any rights, title or interest in or to the software or such Content, and that you will not use any Content made available to you through the software or the Service except as expressly authorised under that third-party provider's terms of service or licence. For greater certainty, by downloading software or Content made available through the Service, you are deemed to agree to the terms of service or licence agreement posted on the Service, the terms of which are incorporated by reference herein for the benefit of such third-party providers. If you do not agree to the terms of service or licence agreement, do not download the software or Content.
11 Intellectual property rights
Subject to clause 6.3, We do not claim ownership of the Content you place on your website. By submitting Content to Marlow Hockey Club for inclusion on our website, you grant Us a world-wide, royalty-free and non-exclusive perpetual licence to reproduce, modify, adapt, distribute, sub-licence and publish the Content.
12 Third parties and advertisers
The Service may provide, or third parties may provide, links to other websites or resources. We have no control over such websites and resources and We are not responsible for the availability of such external sites or resources.
We do not endorse and are not liable for any Content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that Marlow Hockey Club shall not be responsible or liable, directly or indirectly, for any damage or loss caused by or in connection with use of or reliance on any such Content, goods or services available on or through any such website or resource.
You agree to indemnify Us, and Our subsidiaries, affiliates, officers, or other partners, from any claim or demand, including reasonable legal fees, made by any third party due to or arising out of your Content, your use of the Service, your guests activities, your connection to the Service, your violation of these Terms, whether you are a registered user or not. You are solely responsible for your actions when using the Service, including, but not limited to, costs incurred for Internet access.
Nothing on this Website constitutes the transmission, downloading or sending of any information or the Material create any contractual relationship.
You expressly understand and agree that our use of the Service is at your sole risk. The Service is provided on an "as is" and "as available" basis. We expressly disclaim all warranties of any kind, whether express or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement.
We will make reasonable efforts to maintain the Service, however, We are not responsible for any damage, loss of data, customer information or vendor data, revenue, or other harm to business arising out of delays, mis-delivery or non-delivery of information, restriction or loss of access, bugs or other errors, unauthorised use due to your sharing of access to the service, or other interaction with the service. You are responsible for maintaining and backing-up your data and information that may reside on the service.
We do not warrant that:
the Service will meet your specific requirements;
the Service will be uninterrupted, timely, secure, or error-free;
the results that may be obtained from the use of the Service will be accurate or reliable;
the quality of any products, services, information, or other material purchased or obtained by you through the service will meet your expectations; and
any errors in the software will be corrected by Pitchero.com.
Any material downloaded or otherwise obtained through the use of the Service is done at your own discretion and risk and that you will be solely responsible for any damage to your computer system or loss of data that results from the download of any such material.
No advice or information, whether oral or written, obtained through or from the Service shall create any warranty not expressly stated in these Terms.
15 Limitation of liability
To the extent permitted by law, We and third parties connected to Us hereby expressly exclude:
all conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity; and
any liability for any direct, indirect or consequential loss or damage incurred by any user in connection with Our Website or in connection with the use, inability to use, or results of the use of Our Website, any websites linked to it and any materials posted on it, including:
loss of income or revenue;
loss of business;
loss of profits or contracts;
loss of anticipated savings;
loss of data;
loss of goodwill; and
wasted management or office time, whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable, provided that this condition shall not prevent claims for loss of or damage to your tangible property or any other claims for direct financial loss that are not excluded by any of the categories set out above.
This does not affect Our liability for death or personal injury arising from Our negligence, or Our liability for fraudulent misrepresentation or misrepresentation as to a fundamental matter, or any other liability which cannot be excluded or limited under applicable law.
Failure by Us to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.
These Terms constitute the entire agreement between you and Us and govern your use of the Service, superseding any prior agreements.
If a court says that part of this agreement is not enforceable in law the rest of the agreement shall still be enforceable.
The English courts will have exclusive jurisdiction over any claim arising from, or related to, a visit to Our Website although We retain the right to bring proceedings against you for breach of these conditions in your country of residence or any other relevant country.
These Terms and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of England and Wales.
17 Contact us
If You have any questions, comments or concerns regarding these Terms please contact us at email@example.com
Please report any violations of these Terms to firstname.lastname@example.org
Last updated: May 2018
Marlow Hockey Club takes the privacy rights of member users of the Marlow Hockey Club Pitchero platform, applications and website ("Site") seriously. We will process your personal data in accordance with the General Data Protection Regulation (EU) 2016/679 and national laws which relate to the processing of personal data (“Data Protection Legislation”).
2 Your data
3 How we collect your data
We may collect and process Your Data in the following circumstances:
when you register to join Marlow Hockey Club Pitchero in any capacity;
whenever Your Data is provided on an online form on Marlow Hockey Club Pitchero (for example, when you submit video, images and other material via android and mobile applications);
whenever you provide Your Data to us when joining Marlow Hockey Club Pitchero Platform, or contacting us for any other reason;
whenever you disclose Your Data to us through Marlow Hockey Club Pitchero Platform or otherwise.
4 How we use your information
We use Your Data for our own legitimate interests, in order to:
Promote the playing of hockey for the benefit of Members via Marlow Hockey Club Pitchero Platform;
Communicate with you for marketing purposes of Marlow Hockey Club and related hockey activities and on occasion share Your Data with third parties (see sections 7 and 8 of this policy for further details).
5 Retention of your data
Where you are a registered user of the Site, subject to exercising your rights detailed in section 11 of this policy, we retain Your Data for as long as you remain an active user of your account. Where there has not been any activity on your account for three years we will contact you to check you still wish to retain your account with us. Where you decide to cancel your account or we do not hear further from you, your account will be de-activated and Your Data will be deleted from Marlow Hockey Club Pitchero Platform. Where you have subscribed to receive marketing correspondence from us we will keep your personal data for marketing purposes whilst your account remains active and for the period of time referred to above. This is subject to exercising your right to unsubscribe from receiving such correspondence at any time.
6 If you fail to provide personal data
Where we need to collect personal data by law or under the terms of a contract we have with you and you fail to provide the data when requested, we may not be able to perform the contract we have or are trying to enter into with you (for example, to provide you with our goods or services). In this case, we may have to cancel a product or service you have with us but we will notify you if this is the case at the time.
In addition to the uses described in sections 2 to 6 above, we may also use Your Data for our legitimate interests including for marketing, market research and related purposes, such as:
providing you with information about our club, or related products and services via email;
Your right to opt-out - You have a right to opt-out of receiving any marketing information (from ourselves and/or a third party) at any time. To opt-out of receiving such information you can:
amend your preferences accordingly in your on-line account; or
use the facility contained in any marketing communication you receive; or
email us at email@example.com
8 Disclosure of your data to Third Parties
we may disclose Your Data to hockey related third parties for our legitimate interests as follows:
To our administrators to ensure matches and correspondence are in line with hockey regulations, these can include league and cup player information and any other relevant required details
Pichero.com that host our website, store data and provide other software services on our behalf;
to governing and representative bodies of sport and recreation including local and county league’s to improve the management and co-ordination of sport within their territory, undertake marketing and survey participation (where we have your consent);
social media organisations for their own promotion and marketing purposes (this relates to video footage only and such data will only be shared with your prior consent);
9 Data security
Where we have given You (or where You have chosen) a password which enables you to access certain parts of MARLOW HOCKEY CLUB PITCHERO, you are responsible for keeping this password confidential. We ask you not to share a password with anyone.
Unfortunately, the transmission of information via the internet and mobile networks is not completely secure. Although we will do our best to protect Your Data, we cannot guarantee the security of Your Data transmitted to Marlow Hockey Club Pitchero Platform. Any transmission is at your own risk. Once we have received Your Data, we will use strict procedures and security features to try to prevent unauthorised access via Pitchero.com.
Information you provide to us is stored on Pitchero.com secure servers. We have implemented appropriate physical, technical and organisational measures designed to secure your information against accidental loss and unauthorised access, use, alteration or disclosure. In addition, we limit access to personal data to those employees, agents, contractors and other third parties that have a legitimate business need for such access.
10 Links to other websites
Marlow Hockey Club Pitchero Platform may, from time to time, contain links to and from the websites of third parties. 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 when you leave our Site, we encourage you to read the privacy notice/policy of every website you visit.
11 Legal basis for processing your personal data
We will only use your personal data where the law allows us to. Most commonly, we will use your personal data in the following circumstances:
for performance of a contract we enter into with you;
where necessary for compliance with a legal or regulatory obligation we are subject to; and
for our legitimate interests (as described within this policy) where your interests and fundamental rights do not override these interests.
12 Access to, updating, deleting and restricting use of your data
It is important that the personal data we hold about you is accurate and current. Please keep us informed if the personal data we hold about you changes. Where you are a registered user of Marlow Hockey Club Pitchero you may update your data contained in your on-line account at any time).
Data protection legislation gives you the right to object to the processing of your personal data in certain circumstances or withdraw your consent to the processing of your personal data where this has been provided. You also have the right to access information held about you and for this to be provided in an intelligible form. If you would like a copy of some or all of your personal data, please send an email to firstname.lastname@example.org In certain circumstances we reserve the right to charge a reasonable fee to comply with your request.
You can also ask us to undertake the following:
update or amend Your Data if you feel this is inaccurate;
remove Your Data from Our database entirely;
send you copies of Your Data in a commonly used format and transfer Your Data to another entity where you have supplied this to us, and we process this electronically with your consent or where necessary for the performance of a contract;
restrict the use of Your Data.
We may request specific information from you to help us confirm your identity and your right to access/provide you with the personal data we hold about you or make your requested changes. Data protection legislation may allow or require us to refuse to provide you with access to some or all of Your Data/comply with requests made in accordance with your rights referred to above. If we cannot provide you with access to Your Data, or deal with any other request we receive, we will inform you of the reasons why, subject to any legal or regulatory restrictions.
Please send any requests relating to the above to our Data Protection Lead at email@example.com specifying your name the action you would like us to undertake. Where you are a registered user please also supply the email address you used to register with us and your username. Note that is relation to requests to access Your Data, we reserve the right in certain circumstances to charge a reasonable fee to carry out your request.
13 Right to withdraw consent
Where you have provided your consent to the collection, processing and transfer of your personal data, you may withdraw that consent at any time. This will not affect the lawfulness of data processing based on consent before it is withdrawn. To withdraw your consent please contact us at firstname.lastname@example.org.
15 Contact us
If You have any questions, comments or requests regarding this policy or how We use Your Data please contact our Data Protection Lead at email@example.com This is in addition to your right to contact the Information Commissioners Office if you are unsatisfied with our response to any issues you raise at https://ico.org.uk/global/contact-us.
Guidance on GDPR and what it means for Marlow Hockey Club.
The General Data Protection Regulations (GDPR) will come into effect on 25 May 2018 and will replace the Data Protection Act (DPA).
Your data must be:
1. used fairly and lawfully
2. used for limited, specifically stated purposes
3. used in a way that is adequate, relevant and not excessive
5. kept for no longer than is absolutely necessary (3 years)
6. handled according to people’s data protection rights
7. kept safe and secure
8. not transferred outside the European Economic Area without adequate protection
This will apply to our club/association, in so much as, we collect personal data in the running our club
We only collect the minimum data required to carry out the processes we need and the data is kept as up to date as our members update or access it. Any data that is old and out of date (over 3 years) will be deleted.
One of the principles of the Data Protection Act 1998 (and the GDPR) relates to details of an individual held so that they can become a member of our club. We won’t use this information to allow our affiliates and sponsors to contact them for marketing purposes, unless with prior agreement. We advise people when they join our club and complete our online membership application form, that we may be required by England Hockey, County and League etc to provide data, for example to an umbrella organization or even within our club if it’s not held in a central system. We will use Pitchero communications to send out emails to our members. These will be relevant to our hockey club.
We will make sure (to the best of our ability) that personal data is held securely on our Marlow Hockey Club Pitchero website. We will consider restricting the storage of personal information to GDPR compliant secure systems and not keeping personal details on spreadsheets etc. We will ask that our volunteers can identify when a breach has happened and that they know what they should do and who they should talk to.
We will pay particular attention to any sensitive information such as health records. These are kept on the Pitchero site and for health and safety concerns are shared with relevant coaches and first aiders to ensure that the players are kept safe.
England Hockey systems
We have been advised that England Hockey will be working with their own systems providers so that the Player Pathway system, Hockey Hub, EHL system etc will be GDPR compliant.
We may be sharing your information with leagues, county associations, regional associations, umpiring associations if for example we are providing details of our club officials or we may be sharing information on disciplinary forms.
We have been advised that Marlow Hockey Club does not need use a data controller under the current not-for profit organisation rules.
There will be direct obligations on data processors as well as on data controllers. This may mean that if you use any third parties to process data on your behalf, for example Pitchero who are hosting our website, we have a written contract in place which sets out each party’s GDPR obligations.
Consent will be much harder to achieve, as we rely on consent from individuals to use their personal data in certain ways, for example to send marketing emails.
Consent must now be explicit, positively given for each separate use and can be removed at any time. It should be expressed in simple, easy to understand terms and avoid legal jargon – see our membership online application form.
Retention policies need to be clear. We can’t keep data for longer than is necessary for the purpose for which it was collected. Our data retention for non-current records will be 3 years unless you advise otherwise.
We will only have 72 hours from being aware of a breach to report it to the ICO. This includes the loss of any personal data.
There are additional protections for children’s personal data We collect children’s personal data for the use in playing hockey and ensuring that the players are within their correct age groups e.g. U10; U8 etc. We also use their details to organise matches and tournaments, we do not pass on this information without the permission of the parent or guardian and the child must be over 13 to register for our online membership service.
In simple terms:
1. We tell our members what we are doing with their data
2. Get their consent to use it for each purpose
3. Keep their data secure
4. Delete their data when we no longer need it.
GDPR guidance V1 May 2018