Last Updated: September 14, 2021
We are Analyticom, a limited liability company which provides and implements specialized software solutions, incorporated in and organized under the laws of the Republic of Croatia (also referred to herein as the “Analyticom,” “us,” “our,” or “we”).
Analyticom may collect, receive and process a variety of data through the provision the Service. Some of this data, when it relates to identifiable physical persons (“Data Subjects”) is considered Personal Data as defined and protected by the provisions of Regulation EU 2016/679 of the European Parliament and of the Council, of 27 April 2016, on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC, („GDPR“).
In context of the GDPR, Analyticom is the Data Controller. Our Data Controller contact information in that case is:
Ulica Grada Vukovara 271
10000 Zagreb, Croatia
DPO: Elizabeta Peronja
2. WHAT PERSONAL DATA DO WE COLLECT?
When you use our Services, we may collect Personal Data about you.
You are under no obligation to provide Personal Data to us. However, certain Personal Data is essential for the provision of and the quality of Service, and you might not be able to obtain certain segments of the Service if you do not provide the information required for those segments.
Data we process when you use our Services:
This data does not directly identify you, but it does identify the device you use to access the Service. In certain situations where such data may be possibly used to determine your identity, such data may be deemed as Personal Data. We collect data such as:
- Email communications: we collect and store all copies of emails you send to us and our replies to your emails. While it is not necessary to provide Personal Data when sending an e-mail, we accept that such communication may contain Personal Data.
- Technical Data, including internet protocol (IP) address, browser type and version, browsing actions and patterns, time zone setting and location, browser plug-in types and versions, information about operating system, platform and other technologies on the devices you use to access the Service.
- Usage Data, including information about how you use the Service.
- Device Data: we collect information from the device you use to access our Service. This includes IP address, language setting, device model, device operating system version, LIVE-installed application version.
- Aggregated Data, such as statistical or demographic data for any purpose which data does not directly or indirectly reveal your identity. For example, we may aggregate your Usage Data to calculate the percentage of users accessing a specific Service feature.
- Profile Data, such as your designated favourites, as well as interests and preferences based on our profiling activity. This information may include Personal Data we hold about you.
- Marketing Data: We collect information in relation to your response to the marketing activities carried out by us such as information about when you open our communications. We also collect information about your marketing interests and preferences where these are made available to us as further set out below.
Certain eco systems assign unique device identifiers for each device, i.e. non personal identifiers served by the operating system on your device, in order to provide you with personalized marketing and will consequently ask you for consent to do so. Such consents are managed by the phones operating system. If you do not want to receive ads targeted to your interests you can choose to disable personalized ads in your phones settings, which will opt you out of receiving such ads regardless of what device you are using, meaning we will not be able to request to use such advertising identifiers. Please note that by providing consent, you support our efforts and help us further develop our services. You can change this option anytime in your phones settings.
If you use our native mobile applications, we will ask if you want to receive push notifications from us. Push notifications may include alerts, sounds, icon badges and other information in relation to the use of the mobile application itself. You can choose to allow or reject push notifications being sent to your device. If you do not allow us to send you push notifications, you will be able to use the mobile application, but you may not get the full benefit of its features. You can control your preferences to receive push notifications via your device settings.
Furthermore, we will ask you for your location. You can choose to reject disclosing your location, and you will be able to use the mobile application, but you may not get the full benefit of its features due to certain functionalities the app (i.e., showing of information of interest based on Data Subject location) being linked to your location. You can control your preferences to enable or disable location sharing via your device settings.
3. HOW WE COLLECT INFORMATION
We use different methods to collect information from and about you and / or your device including through
- Automated technologies or interactions. As you interact with our Services, we may automatically collect Technical Data about your device, browsing actions and patterns.
- Third parties or publicly available sources. Third parties who provide advertising and related services may give us your Personal Data (including Technical Data). These third parties include analytics providers based within and outside the EU (such as Google) and ad networks.
- Information collected from you. You may give us your Identity Data, Contact Data and/or Profile Data by contacting us.
4. HOW WE USE YOUR PERSONAL DATA
We may use the data that may be deemed as Personal Data collected from you through your use of the Service in the following cases:
- 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 or regulatory obligation.
- where we need to provide various supporting customer services to you (such as where you contact us with a question in connection with our Service and/or request certain information from us).
We may use or disclose your information to respond to subpoenas, court orders, or legal process, or to establish or exercise our legal rights or defend against legal claims.
If we consider it necessary, we may disclose your Personal Data to third parties in good faith that such disclosure is reasonably necessary to:
- take action regarding suspected illegal activities;
- comply with legal process, such as a search warrant, subpoena, statute, or court order; or
- protect our rights, reputation, or property or that of our users, affiliates, the public or other third parties.
Please note that we are not required to question or contest the validity of any search warrant, subpoena, or other similar governmental request we may receive.
Technical and navigational information, such as browser type, IP address, pages visited, and average time spent on the Service, may be used, for example, to alert you to software compatibility issues, or it may be analysed to improve our website design and functionality
5. LEGAL BASIS FOR PROCESSING OF PERSONAL DATA
The legal basis for the processing of Personal Data:
a) Processing is necessary for the performance of a contract to which the user is party or in order to take steps at the request of the User prior to entering into a contract;
b) processing is necessary for compliance with a legal obligation to which the Controller is subject;
We must process and store certain Personal Data because we are legally obligated to allow the user to exercise his or her rights under the GDPR and/or other applicable binding legislation
c) processing is necessary for the purposes of the legitimate interests pursued by the Controller;
We collect Your Personal Data to satisfy our following legitimate interests:
- To provide Users with pertinent technical, usage, update and other Service-related information;
- To define categories of users of the Service, to keep the Service updated and relevant, and to develop our business and to inform our marketing and trading strategy
- To administer and protect our business and our Service (includes troubleshooting, data analysis, testing, system maintenance, support, reporting and hosting of data)
- To provide, update, maintain and protect our Services, Websites and business;
- To deliver relevant Service content to you and measure or understand the effectiveness of our Service to youTo deliver relevant advertisements to you and measure or understand the effectiveness of the advertising;
- To help us, our advertisers and third party publishers connect to offer relevant advertising in our and their respective apps and websites to users that fall within audience segments
- To use data analytics to improve Service, advertising, customer relationships and experiences. We use third party Data Processors such as Google Analytics and Google Firebase to assist us with this activity. We use these analytics to define types of customers for our Services and other products, to keep our Service updated and relevant, to develop our business and to improve user experience by understanding which features of our Service to prioritise, optimise and improve.
- To monitor and better understand the performance of our Service (i.e. if something goes wrong, understanding why the error occurred.) We use third party Data Processors such as Google Firebase Crashlytics to assist us with this activity.
- To display online banner advertisements, interstitial advertisements, pop-up notifications and advertisements and similar non-direct marketing communications about our brands’ offers, promotions and competitions of our brands of our group companies, and monitor your use of these. These marketing communications may be personalised based on your interests and preferences.
- To display online banner advertisements, interstitial advertisements, pop-up notifications and advertisements and similar non-direct marketing communications about the offers, promotions and competitions of the brands of third parties that have been carefully selected by usand monitor your use of these. These marketing communications may be personalised based on your interests and preferences.
- Maintenance of records of communications and management of your relationship with us;
- For informing you about compliance with legal and regulatory obligations and to provide related guidance
d) the User has given consent to the processing of his or her Personal Data for one or more specific purposes;
Usually, this is the case when you request us to disclose your Personal Data to other people or organisations, or otherwise agree to disclosures.
This is also the case with some Personal Data we collect and process for promotional and marketing purposes.
You can tell us whether or not you wish to be contacted for certain direct marketing purposes as set out below and, if so, how we can contact you.
All marketing communications may contain details about news articles, product updates or any new content, data, promotions, competitions, offers and other promotional information about our Service or our brands, or about the content, data, promotions, competitions, offers and other promotional information and services of our carefully selected third parties.
For certain marketing communications, such as online banner, interstitial and other pop-up notifications and/or advertisements (which may be tailored based on your interests and/or preferences as set out above), we will take into account any information you provide via our consent management tools where relevant. Where we are able to rely on our legitimate interests to make available such marketing communications, we will do so in accordance with the information set out above.
7. OUR ADVERTISING PARTNERS
Some of the advertisements you receive while using the Services are chosen and displayed to your device based on predictions about your interests generated from your visits to different websites in the browser you use and on other devices you may use. This type of ad customisation is sometimes called “online behavioural” or “interest-based” advertising. Such interest-based advertising helps support the free content, products and services you receive via our Service.
The advertising partners we currently work (or will shortly be working) with (together, the “Ad Partners”) are listed here:
Analyticom’s Ad Partners
The advertising partners we currently work (or will shortly be working) with are:
- Google AdMob https://admob.google.com
- Facebook Audience Network https://www.facebook.com/audiencenetwork/
- Ad Colony https://www.adcolony.com/
- Yandex Advertising Network https://yandex.com/inapp
- Appodeal https://appodeal.com/
In order to deliver interest-based advertising that is more likely to be relevant to you, we deploy technologies built by such Ad Partners that collect usage data, namely such as the IP address of your device and the websites visited using that device. Ad Partners then receive such usage data and use it to deliver the advertising of the Ad Partner’s advertisers. The Ad Partners do not receive any directly personally identifiable information such as your name, address or contact details. Please refer to the Ad Partner’s respective privacy policies (via the above links) for more information on how their services work.
If you are using the mobile app, you can manage certain preferences via your device’s privacy setting (e.g. Apple iOS Limit Ad Tracking).
8. DURATION OF RETENTION OF PERSONAL DATA:
Where it is no longer necessary to process your Personal Data, we will delete it or anonymise it by removing all details that identify you in accordance with Data Protection Laws. For example, if you withdraw your consent to process your Personal Data, we will delete your Personal Data unless this is required to be retained to enable us to comply with Data Protection Laws.
After this period has passed your Personal Data will be automatically deleted, or/and deleted per your request.
9. WHO DO WE SHARE YOUR PERSONAL DATA WITH?
We may share your Personal Data with the following types of recipients:
b) With any competent law enforcement body, regulatory authority, government agency, court of law or other third party where we believe disclosure is necessary
- as a matter of applicable law or regulation,
- to exercise, establish or defend our legal rights, or
- to protect your vital interests or those of any other person.
d) If we offer co-branded services such as promotions, competitions or events, together with or in association with a third party, We may share the information you provide with that third party. These co-branded services may be hosted by us or by the third party. The third party’s use of your information will be governed by that third party’s privacy notice, which you should always read. This may also provide information about how that third party’s service providers may process your Personal Data. We require all third parties to respect the security of your information and to treat it in accordance with the law. We do not allow our third party service providers to use your information for their own purposes and only permit them to process your information for specified purposes and in accordance with our instructions.
e) With any other person with your consent for such disclosure.
10. HOW WE PROTECT YOUR PERSONAL DATA?
We maintain technical, physical, and administrative security measures designed to provide reasonable protection for your Personal Data against loss, misuse, unauthorized access, disclosure, and alteration. The security measures include firewalls, data encryption, , and information access authorization controls.
While we are dedicated to securing our systems and Service, you are responsible for securing and maintaining the privacy and security of your device(s).
11. WHAT ARE YOUR DATA PROTECTION RIGHTS?
You have the following data protection rights:
a) To access, correct, update or request deletionof your personal information. You may do so by contacting us using the information in the Contacting Analyticom section below.
b) To object to the processingof your personal information (which is processed on the grounds of legitimate interests), ask us to restrict processing of your personal information or request portability of your personal information. Again, you may do so by contacting us using the information in the Contacting Analyticom section below.
c) If we are processing your personal information with your consent, you can withdraw your consentat any time. Withdrawing your consent will not affect the lawfulness of any processing we conducted prior to your withdrawal, nor will it affect the processing of your personal information conducted pursuant to lawful processing grounds other than consent. You may do so by contacting us using the details in the Contacting Analyticom section below.
d) You have the right to file a complaint with a data protection authorityabout our collection and use of your personal information. For more information, please contact your local data protection authority.
12. AUTOMATED DATA PROCESSING
We do not use automated data processing (automated decision making) in the provision of the Service.
13. TRANSFERS OF YOUR PERSONAL DATA TO OTHER COUNTRIES
14. CHANGES TO THIS POLICY
1. Introduction and Accepting the Terms
Unless otherwise agreed by Analyticom in writing, these User Terms constitute the entire relationship between Analyticom and the User in its use of the Service, including any or all of its functions on offer by the Service.
1.2. Parties, Acceptance of Terms, and access to the Service
These User Terms govern your access and use of the Service and are a legal agreement between Analyticom, a limited liability company which provides and implements specialized software solutions, incorporated in and organized under the laws of the Republic of Croatia (also referred to herein as the “Company,” “us,” “our,” or “we”) and you (“User”, “you” or “your”).
This Agreement sets forth the legally binding terms and conditions for your use of the Service.
By accessing or using the Service in any manner you agree to be bound by these User Terms. If you access or use the Service or continue accessing or using the Service after change to these User Terms is implemented, you confirm that you have read, understand, and agree to be bound by the User Terms. If you do not agree to these User Terms, do not use the Service in any manner.
2. Use of the Service
2.1. System Requirements
Your use of the Service is dependent on you having sufficient internet access and any software or devices necessary to access the Service. Use of the Service with incompatible devices, services, or networks, or failure to update your devices or software, may result in an inability to use the Service. Whether a particular piece of software or device is compatible with the Service can change over time.
2.2. Termination of Use
We may terminate your access to the Service, without cause or notice, which may result in the forfeiture and destruction of all information associated with you. All provisions of this Agreement that by their nature should survive termination shall survive termination.
2.3. Rights to Use the Servicež
The Company reserves the right to modify or discontinue, temporarily or permanently the Service (or any part thereof), with or without notice.
The Company reserves the right to refuse any User access to the Service without notice for any reason, including but not limited to a violation of these User Terms
3. Rules Of Conduct And Usage
These User Terms also set out a list of acceptable and unacceptable conduct for our Service. If we believe a violation of the User Terms is deliberate, repeated, or presents a credible risk of harm to other Users, the Service, or any third parties, we may suspend or terminate your access. This policy may change as the Service grows and evolves, so please check back regularly for updates and changes.
The Service may only be used for lawful purposes. Use of the Service for transmission or distribution of any material on or via the Service which is in violation of any applicable law or regulation or any third party’s rights is strictly prohibited.
In the event of misuse and/or the abuse of the Service, the Company reserves the right to prevent access or block you from the Service.
3.1. You agree to:
- comply with these User Terms;
- comply with all applicable laws and governmental regulations, including, but not limited to, all intellectual property, data, privacy laws.
3.2. You agree not to:
- use the Service in any way that is unlawful, fraudulent or has any unlawful or fraudulent purpose or effect;
- upload to, or transmit from the Service any data, file, software or link that contains or redirects to a virus, trojan horse, worm, or other harmful component or technology that unlawfully accesses or downloads content or information stored within the Service or on the hardware of the Company or any third party;
- attempt to reverse engineer, decompile, hack, disable, interfere with, disassemble, modify, copy, translate, or disrupt the features, functionality, integrity, or performance of the Service (including any mechanism used to restrict or control the functionality of the Service), any third party use of the Service, or any third-party data contained therein (except to the extent such restrictions are prohibited by applicable law);
- attempt to gain unauthorized access to the Service or related systems or networks or to defeat, avoid, bypass, remove, deactivate, or otherwise circumvent any software protection or monitoring mechanisms of the Service;
- access the Service in order to build a similar or competitive product or service or copy any ideas, features, functions, or graphics of the Service;
- use the Service in any manner that may harm minors;
- access without authority, interfere with, damage or disrupt any part of the Service, any equipment or network on which our site is stored, any software used in the provision of our Service or any equipment or network or software owned or used by any third party;
- use the Service for purposes not intended by the Company;
- authorize, permit, enable, induce, or encourage any third party to do any of the above.
Users are advised to comply with applicable legislation in the jurisdiction in which they are domiciled and/or resident and/or present. The Company does not accept responsibility for any action taken by any authority against any User in connection with their use of the Service.
These rules of conduct and usage are not meant to be exhaustive, and we reserve the right to determine what conduct we consider to be a violation of the User Terms or improper use of the Service and to take action, including exclusion from further participation in the Service.
4. Intellectual Property
The Service and its original content, features and functionality are owned by the Company and are protected by international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws.
Without prior authorisation in writing from the Company, Users are not authorised to copy, modify, tamper with, distribute, transmit, display, reproduce, transfer, upload, download or otherwise use or alter any of the content of the Service.
Any breach of this clause may be tantamount to a violation of applicable intellectual property rights within the European Union and other applicable laws. The Company and any other party authorised on its behalf reserves the right to seek damages to the fullest extent permitted by law against any party committing directly or indirectly this breach.
5. Disclaimer of Warranty
5.1. Service “as is” and “as available.”
The Service is provided “as is” and “as available” without warranties of any kind, either express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement. Your use of the Service is at your sole risk. In addition, while the Company attempts to provide a good user experience, we cannot and do not represent or warrant that the Service will always be secure or error-free or that the Service will always function without delays, disruptions, or imperfections. The foregoing disclaimers shall apply to the extent permitted by applicable law.
5.2. Warranties and Representations
It is hereby being specified that the Company makes no representation, pledge or warranty (either explicit or implicit) that the content of the Service is accurate and/or suitable for any particular purpose other than those warranties which cannot be expressly excluded under the governing law of these User Terms.
Use of the Service is entirely at the your risk. The Service is not a gaming or gambling app, nor is it intended to be used as such.
6. Limitations of Liability
The Company is not responsible for any loss or damage, direct or indirect, that you might have suffered as a result of using the Service, including but not limited to damages caused by a commercial loss, a loss of benefits, a loss on anticipated earnings, winnings or other profit, interruption of business, loss of commercial information, or any other pecuniary and or consecutive loss. The Company is not responsible for your use of any information contained on the Service.
The Service is not a gambling app, and it is not intended to be used as a source of information on which users should base their gambling decisions. The Company is not responsible for winnings made or losses suffered on third-party websites/apps resulting from the use of information displayed on the Service.
The results, and other statistics contained on the Service, reflect information provided by the official COMET System of the national football association governing the competitions. The Company does not represent that any of the information provided through the Service is accurate or up-to-date.
7. Breach of User Terms
If the User fails to adhere to any clause in the User Terms or if the Company reasonably suspects that a User, whether directly or indirectly, fails to comply with any clause in the User Terms, the Company reserves the right and all remedies at its disposition, and at its sole discretion, to prevent access or block the User from the Service.
8. Links to Other Sites and Apps
The Company is not responsible for the content of external apps which may be viewed from the Service.
The Service may contain, for the convenience of Users, links to third-party sites and apps that are not owned or controlled by the Company.
We have no control over, and assume no responsibility for the content, privacy policies or practices of any third-party sites, apps or services. We strongly advise you to read the terms and conditions and privacy policies of any third-party site or service that you visit.
9. General Provisions
You agree to receive communications from us electronically.
By using the Service, you agree that we may communicate with you electronically regarding questions of security, privacy, technical and functional updates information regarding scheduled maintenance/downtimes and administrative issues relating to your use of the Service. All agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirements that such communications be in writing. We will provide you the option to opt-out of this communication, in which case any consequences of failure to receive important Service critical notices shall fall exclusively on you.
For any direct marketing messages, we will ensure that we obtain your consent first and also make it easy for you to opt-out.
Notices to the Company should be sent to firstname.lastname@example.org, except for legal notices, which must be sent to email@example.com. Notices will be deemed to have been duly given the day after they are sent, whether they are sent through email or through the Service.
9.3. Modification of User Terms
You can review the most current version of the User Terms at any time by visiting this page.
The Company reserves the right to update these Terms, which we may do for reasons that include, but are not limited to, complying with changes to the law or reflecting enhancements to the Service. If the changes affect your usage of the Service or your legal rights (i.e., if we make a “material change” to these Terms), we will give you reasonable notice before the changes take effect. Unless we state otherwise, your continued use of the Service after we post modifications will constitute your acceptance of and agreement to those changes. If you object to the changes, your recourse shall be to cease using the Service.
If you do not agree to changes to these User Terms, do not use, access or continue to access the Service or discontinue any use of the Service immediately.
9.4. Modification of the Service
We may also modify the Services at any time. If you do not accept such changes, you may stop using the Service.
No failure or delay by either party in exercising any right under the User Terms will constitute a waiver of that right. No waiver under the User Terms will be effective unless made in writing and signed by an authorized representative of the party being deemed to have granted the waiver.
The User Terms will be enforced to the fullest extent permitted under applicable law. If any provision of the User Terms is held by a court of competent jurisdiction to be contrary to law, the provision will be modified by the court and interpreted so as to best accomplish the objectives of the original provision to the fullest extent permitted by law, and the remaining provisions of the User Terms will remain in effect.
You may not assign any of your rights or delegate your obligations under these User Terms, whether by operation of law or otherwise, without our prior written consent. We may assign these User Terms in their entirety (including all terms and conditions incorporated herein by reference), without your consent, to a corporate affiliate or in connection with a merger, acquisition, corporate reorganization, or sale of all or substantially all of our assets.
The rights and obligations of either Party that by their nature would continue beyond the expiration or termination of these User Terms will survive expiration or termination of these User Terms, including without limitation the sections titled “Limitation of Liability,” “Survival” and “Feedback,” and all of the provisions under the general heading “General Provisions.”
9.9. Governing Law
The User Terms and any disputes arising out of or related thereto will be governed exclusively by the laws of the Republic of Croatia, without regard to conflicts of laws rules or the United Nations Convention on the International Sale of Goods.
You agree that any disagreements, misunderstandings and possible disputes concerning and/or arising out of these User Terms shall be settled through good faith negotiations. In the event that the dispute is not resolved through direct negotiations, you undertake to initiate and fully participate in a mediation procedure in order to resolve the dispute.
Should the amicable settlement of the dispute not occur within 60 days of the commencement of mediation, or within a longer period, if so agreed by you and the Company, you or the Company shall be entitled to initiate litigation before a competent court. You and the Company undertake not to bring legal proceedings before concluding mediation proceedings, as otherwise the claim or other legal action shall be dismissed as premature.
The courts located in the Republic of Croatia will have exclusive jurisdiction to adjudicate any dispute arising out of or relating to the User Terms or its formation, interpretation, or enforcement.
Each party hereby consents and submits to the exclusive jurisdiction of such courts. In any action or proceeding to enforce rights under the User Terms, the prevailing party will be entitled to recover its reasonable costs and attorney’s fees.
9.10. Entire Agreement
The User Terms, including any terms incorporated by reference into the User Terms, constitute the entire agreement between you and us and supersede all prior and contemporaneous agreements, proposals, or representations, written or oral, concerning its subject matter.
9.11. Non-English Versions
Any non-English version of these User Terms will only be published as a matter of translation. In case of any inconsistencies or conflict between the English and non-English version of these User Terms, the English version shall always prevail.
9.12. Headings, Interpretation
The headings, section titles, and captions used in the Agreement are for convenience of reference only and will have no legal effect. All defined terms include related grammatical forms, and, whenever the context may require, the singular form of nouns and pronouns include the plural and vice versa.
We appreciate hearing from our users and welcome your comments regarding the Service. If you choose to provide feedback, comments, or suggestions for improvements to the Service or otherwise (in written or oral form) (“Feedback”), you represent and warrant that (a) you have the right to disclose the Feedback, (b) the Feedback does not violate the rights of any other person or entity, and (c) your Feedback does not contain the confidential or proprietary information of any third party or parties.
By sending us any Feedback, you further (i) agree that we are under no obligation of confidentiality, express or implied, with respect to the Feedback, (ii) acknowledge that we may have something similar to the Feedback already under consideration or in development, (iii) grant us an irrevocable, non-exclusive, royalty-free, perpetual, worldwide license to use, modify, prepare derivative works from, publish, distribute and sublicense the Feedback without any obligation or compensation to the user and (iv) irrevocably waive, and cause to be waived, against the Company and its users any claims and assertions of any moral rights contained in such Feedback.
Please also feel free to contact us if you have any questions about these User Terms. You may contact us at firstname.lastname@example.org or at our mailing address below:
Ulica grada Vukovara 271
10000 Zagreb, Croatia
EXHIBIT A – LIST OF COMET LIVE APP FLAVORS
Belarus Football (Белорусь Футбол)