COMET PLAY PRIVACY POLICY

Last updated: September 14, 2021

Analyticom is 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”)

Depending on the type of Personal Data processed under this Privacy Policy, Analyticom may be designated as Data Controller per the applicable legislation. Data Controller contact information in that case is:

Analyticom d.o.o.
Vukovarska 47
21000 Split, Croatia

This Privacy Policy applies to Analyticom’s COMET PLAY platform and solution for management and automation of key operations in sports clubs and other organizations, including the associated COMET PLAY mobile and desktop applications (collectively, the “Services”), cometplay.net and other connected websites (collectively, the “Websites”) and other interactions (e.g., Customer service inquiries, user inquiries, etc.) you may have with Analyticom regarding the Services or Websites. If you do not agree with the terms, do not access or use the Services, Websites or any other aspect connected thereto.

This Privacy Policy does not apply to any third-party applications or software that may integrate with the Services through the COMET PLAY platform (“Third Party Services”), or any other third party products, services or businesses. In addition, a separate agreement governs delivery, access and use of the Services (the “Customer Terms” or “Contract”), including the processing of any data values, messages, files or other content submitted through the Service not specifically designated as User Data (collectively, “Customer Data”),. The organization (e.g., the sports club/organisation or a sports club/organisation representative) that entered into the Contract (the “Customer”) controls its instance of the Services (its “Workspace”) and any associated Customer Data. If you have any questions about specific Workspace settings and privacy practices, please contact the Customer whose Workspace you are a Member of.

If you have an account, you can check https://cometplay.net/play/my-workspaces for a list of Workspaces you are Member of. You can contact each Customer (i.e., its designated Workspace Administrator) whose contact details may be accessed through the Service if you have any questions regarding processing of Customer Data.

If you have received an invitation to join a Workspace but have not yet created an account, be sure to read Section 8 of this Privacy Policy, and if needed, request assistance from the Customer to whose Workspace you have been invited to.

1. TYPES OF DATA WE PROCESS

Analyticom may collect, receive and process a variety of data through the provision of its Services and through the use of Websites. 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“).

Analyticom may process Personal Data when processing two types of data through the Service and Website:

1.1.   Customer Data

Customer Data pertains to any data values, messages, files or other content submitted through a Workspace belonging to a specific Customer. All data processed through the use of the Service not specifically designated as User Data is to be considered as Customer Data.

The Customer may, for example, use the Services to grant and remove access to a Workspace, assign roles and configure settings, access, modify, export, share and remove Customer Data and otherwise apply its policies to the Services.

With regards to Personal Data as a part of Customer Data, the Customer is the Data Controller as it solely decides what categories and types of Personal Data are collected and processed, as well as the methods of processing and Data Subject rights pertaining to such Personal Data.

Analyticom is the Data Processor of Customer Data. Any processing of Personal Data as part of Customer Data is done by Analyticom per instructions provided by the Customer as the Data Controller and in accordance with any applicable terms in the Contract and the User Terms of Use, the Service functionality, and as required by applicable legislation.

Depending on the Services plan, the Customer may be able to adapt its retention settings at the Workspace level. The Customer may also apply different settings to data values, messages, files or other types of Customer Data.

It is the responsibility of the Customer to set up and monitor minor usage of their Workspace, and to monitor parental/guardian consent for use and processing of Customer Data that may relate to minors. This also pertains to consent regarding the use of any type of special categories of Personal Data.

Analyticom will solely share and disclose Customer Data in accordance with the Customer’s instructions, including any applicable terms in the Contract and the Customer’s use of Services functionality, and in compliance with applicable law and legal process.

When realising your rights as a Data Subject pertaining to Personal Data that are a part of Customer Data, we suggest contacting the Customer directly.

1.2.   User Data

Analyticom processes User Data. In this case, User Data may be roughly defined as all data processed by Analyticom not deemed Customer Data.

However, when referring to User Data in this Privacy Policy, we refer mainly to data (including Personal Data) processed for the purpose of providing Analyticom Services directly to our Users, such as their login credentials or Service use metadata. In regards to User Data, where it contains Personal Data, Analyticom is to be considered as the Data Controller.

However, we share certain Personal Data contained in User Data with Customers. If any further processing of such Personal Data is done for any other purpose other than enabling signup or login to Users, such Personal Data shall be deemed as Customer Data in relation to which the Customer is the Data Controller and Analyticom is the Data Processor.

While User Data is usually provided to us by our Users, it may, in some cases be provided by Customers, or other Customer related third-parties (e.g., Football federations or other professional sports associations and governing bodies). Your rights as a Data Subject when User Data are provided to us by Users or other third parties are provided in Section 8 of this Privacy Policy.

NOTE:  This Privacy Policy shall further deal almost exclusively with the processing of User Data.

NOTE:  If data is aggregated or de-identified so that it is no longer reasonably associated with an identified or identifiable natural person it is no longer considered Personal Data and Analyticom may use it for any business purpose.

2. WHAT PERSONAL DATA DO WE PROCESS?

We process Personal Data when you:

  • sign up to use our Services;
  • subscribe to use our Services as a Customer;
  • use our Services or browse our Websites or use our apps;
  • a Customer sends email invitations to a prospective Workspace Member to join their Workspace

2.1. The Personal Data we collect when you sign up to Comet PLAY:

  • First name
  • Last name
  • E-mail address
  • Date of birth

What do we use this Personal Data for?

This is the information we process to enable you to become a COMET PLAY User and to allow you to become a member of a Workspace. In order for us to provide our Services in accordance with our Terms and to provide an adequate level of integrity and security for some of our more vulnerable Users (minors) it is important for us to ensure that Users signing up are identified and that their age is determined. This Data is not shared with anyone except with the Customer operating the Workspace you are a member of and other Workspace Members given privileges by the Customer.

When a Customer sends out an invitation for you to join our Service, the Customer may provide us with some, or all of the Personal Data specified above. If you accept the Customer invitation, we may use these Personal Data to prefill the signup form when you signup to use our Service for the first time.

NOTE: This Personal Data is not provided to any third parties (except to the Customer) unless you give your explicit consent to us to do so.

NOTE: If any of these Personal Data have been provided to us by a third party such as the Customer or a Customer related third-party, see this Section 8 of the Privacy Policy.

2.2. The Personal Data we may process when you subscribe to use our Services as a Customer:

  • Your position within the Customer
  • Billing details

What do we use this Personal Data for?

This is information we collect in order to provide our Services to Customers.

2.3. Personal Data we process when you use our Services or browse our Websites or use our apps

  • Usage Data (only if Data Subject is identifiable) such as Service Metadata, Log data etc.
  • Cookie Data (IP address, device information)
  • Location data, which might be gained through your IP address or GPS data

What do we use this Personal Data for?

This is the information we collect while you our Services or browse our Websites or use our apps, mainly to improve our Service.

2.4. Personal Data we process when the Customer sends out email invitations to prospective Workspace Member to join their Workspace

  •  Prospective Workspace Member email address

This is potential Personal Data provided to us directly by the Customer or another third party on the Customer’s behalf.

What do we use this Personal Data for?

We use this data to enable our Customers to directly invite prospective Workplace Members to join their Workplace by following a link provided in the invitation email.

3. HOW WE USE YOUR PERSONAL DATA

We may use the Personal Data you provide about yourself to provide our Services i.e., to give you the possibility to become a User and to become a member of a Workspace run by a Customer. 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;
  • investigate, enforce or apply our User Terms of Use or this Privacy Policy;
  • 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 computer browser type, IP address, pages visited, and average time spent on the Service and Websites, may be used, for example, to alert you to software compatibility issues, or it may be analyzed to improve our Service design and functionality.

4. AGE LIMITATIONS AND PARENT/GUARDIAN INFORMATION

IF YOU ARE A PARENT OR A GUARDIAN OF A MINOR THAT WISHES TO BECOME A USER OF THE SERVICE PLEASE READ THIS SECTION AND THE ADJOINING PRIVACY POLICY CAREFULLY.

Due to the nature of the Services (provision of online Workspace productivity tools and platforms geared at sports clubs/organizations) it is expected that sports clubs and other organizations will use the Service to organize their youth squads within the club.

To that note, we do not allow minors under the age of 14 to sign up to our Services independently and without parent/guardian supervision and consent.

We do allow users aged 14 and above to sign-up independently. If the user has not reached the age of majority in their jurisdiction, the user warrants that their parent or legal guardian has reviewed and agreed to the User Terms of Use, and has given consent for the user to sign-up to the Service independently.

We do allow parents/guardians to directly register themselves as Users and to then create a child account for their child/ward as a separate User which includes providing us with User Data relating to the minor as a separate Data Subject.

By reading this Privacy Policy and taking into account that the parent/guardian in this instance has control over the account of the minor, we assume that such registering of a child account of a minor by the parent/guardian provides Analyticom with a sufficient legal basis for processing of User Data relating to a minor.

It is up to each individual Customer to set up and monitor minor usage of their Workspace, and to monitor parental/guardian consent for use and processing of User Data that may relate to minors. Any requests relating to management of Personal Data should first be directed to the Customer.

If you learn that anyone younger than 14 has unlawfully provided us with personal data, please contact us and we will take steps to investigate and, if needed, remedy the issue.

5. LEGAL BASIS FOR PROCCESING OF PERSONAL DATA

The legal basis for processing of Personal Data:

5.1. 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.

The processed Personal Data specified under 2.1. and 2.2. is necessary to enable us to enter into an agreement with the User and a Customer, to execute such agreements and provide our Services pursuant to applicable Terms of Use and Contracts.

5.2.  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.

5.3. Processing is necessary for the purposes of the legitimate interests pursued by the Controller.

We collect Your Personal Data under 2.1., 2.3. and 2.4. for the following legitimate interests:

  • Accuracy of User records;
  • Allowing Customers to easily invite all prospective Workspace members to join their Service
  • To provide a streamlined and easy signup process to prospective users
  • To provide Users with pertinent technical, usage, update and other Service-related information;
  • For billing, account management and other administrative matters;
  • To provide, update, maintain and protect our Services, Websites and business;
  • Maintenance of records of communications and management of your relationship with us;
  • To send emails and other communications
  • To comply with any present or future law, rule, regulation, guidance, decision or directive (including those concerning anti-terrorism, fraud, anti-money laundering and anticorruption);
  • Prevention and detection of fraud and other illegal activity or misconduct;
  • For informing you about compliance with legal and regulatory obligations and to provide related guidance.

5.4. 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 organizations, or otherwise agree to disclosures. This is also the case when we ask to collect your Personal Data while use our Services or browse our Websites or use our apps, all in accordance with our Cookie Policy. This is also the case with all Personal Data we collect and process for promotional and marketing purposes.

6. DURATION OF RETENTION OF PERSONAL DATA:

Unless specifically provided otherwise in this Privacy Policy, we retain your Personal Data to protect our legitimate business interests and to meet legal obligations for the duration of your usage of the Service or for a minimal period required by law. After you have stopped using the Service (i.e., deleted your User account) we retain Your personal data for no longer than 1 year. After this period has passed your Personal Data will be automatically deleted, or/and deleted per your request.

7. WHO DO WE SHARE YOUR PERSONAL DATA WITH?

 We may share your Personal Data with the following types of recipients:

7.1. If you are a Workspace Member of a particular Workspace, we share certain Personal Data with the Customer operating the Workspace.

7.2. With companies within our business group, sub-contractors, third-party service providers and partners who provide data processing services to us, such as legal and financial advisory services, IT-support, etc. All such parties are obligated to use your Personal Data in accordance with the agreement we have with them, this Privacy Policy and our User Terms of Use.

7.3.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.

7.4. With a potential or actual buyer (and its agents and advisers) in connection with any proposed or actual purchase, merger or acquisition of any part of our business, provided that we inform the buyer it must use your personal information solely for the purposes disclosed in this Privacy Policy.

7.5. With any other person, such as other Service Users, Customers or other third parties, with your consent for such disclosure.

NOTE: Except as otherwise stated in this Privacy Policy, we generally do not sell, trade, rent or share Personal Data that we collect with third parties unless we have your consent to do so.

8. THIRD PARTY PROVIDED PERSONAL DATA

During the provision of our Service, we enable our Customers or other Customer related third parties (e.g., Football Federations or other professional sports associations and governing bodies) to send email invitations to non-Users and  prospective Workspace Members to join their Workspace. In these cases, the Customers or other Customer related third parties provide us with emails of the invitees, which may contain Personal Data of the invitee. The Customers may provide us with additional Personal Data that we use to prefill forms to enable the prospective Workspace Member to have an easy and streamlined sign-up process.

In such cases, invitations sent out by Customers or other Customer related third parties through the Service shall contain a a link to this section of the Privacy Policy wherein they can find all the information about their Personal Data that is being Processed by us, as well as their data privacy rights.

Pursuant to applicable regulations, we provide third persons (Data Subject who are not yet Users of the Service) with the following information:

8.1 identity and contact details of the data controller and data protection officer

Data Controller:
Analyticom d.o.o.
Ulica Grada Vukovara 271
10000 Zagreb, Croatia

Data Protection Officer:
dpo@analyticom.com
Lovre Šimunović

8.2. Purpose and legal basis for processing Personal Data:

The purpose of processing is the invitation of prospective non-User Workspace Members to join a Customer operated Workspace more easily, while the legal basis for processing is the legitimate interest pursued by the Controller.

8.3. Categories of Personal Data processed:

Data Subject email address, first name, last name and date of birth.

8.4 Recipients or categories of recipients of Personal Data

The recipient of Personal Data is the Customer operating the Workspace inviting the prospective non-User Workspace Member.

8.5 Period for which the Personal Data will be stored or criteria used to determine that period

The Personal Data will be stored in accordance with Section 6 of this Privacy Policy.

However, if the invitee does not respond to the invitation or expressly refuses to join the Workspace, the provided Personal Data used to send the invite shall be de-identified or deleted 30 days after the invitation was sent or earlier if requested by the Data Subject

8.6. Legitimate interests pursued by the controller or this party

Processing is based on the legitimate interest of the Controller to enable the Customers of the Service to have the ability to easily invite all members of their organisation to join the Service, as well as the ability of the prospective non-User to have a streamlined and easy signup process after accepting the invitation. Risks to the Data Subject in this case, taking into account the type of Personal Data processed and the Controller safeguards, are minimal.

8.7. Data Subject rights

Data Subject rights are described in Section IX. of this Privacy Policy

8.8. Source of Personal Data

The source of Personal Data is the Customer or Customer related third party. The source of Personal Data shall be designated in the invitation email.

For any questions, please contact us at dpo@analyticom.com

9. 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, physical access controls to our data centers, and information access authorization controls. While we are dedicated to securing our systems and Services, you are responsible for securing and maintaining the privacy of your password(s) and Account/profile registration information and verifying that the Personal Data we maintain about you is accurate and current. We do not store or process any customer credit card information provided to us at any time during, or after the sale. Any payment information provided is transmitted to a 3rd party via a secured socket layer.

10. WHAT ARE YOUR DATA PROTECTION RIGHTS?

You have the following data protection rights:

10.1.  To access, correct, update or request deletion of your personal information. You may do so by contacting us using the information in the Contacting Analyticom section below.

10.2.  To object to the processing of 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.

10.3. To opt out of marketing communications we send you, at any time. You can exercise this right by clicking on the “unsubscribe/opt out” link in the marketing communications we send you or by contacting us using the information in the Contacting Analyticom section below.

10.4. If we are processing your personal information with your consent, you can withdraw your consent at 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.

10.5. You have the right to file a complaint with a data protection authority about our collection and use of your personal information. For more information, please contact your local data protection authority.

11. AUTOMATED DATA PROCESSING

We do not use automated data processing (automated decision making) in the provision of the Service.

12. TRANSFERS OF YOUR PERSONAL DATA TO OTHER COUNTRIES

A network of computers, cloud-based servers, and other infrastructure and information technology, including, but not limited to, third-party service providers supporting our operations. We and our third-party service providers store and process your Personal Data in the European Union. We will protect your information as described in Section 9 of this Privacy Policy if your Personal Data is transferred to other countries. By using our Website and Services, you consent to your Personal Data being transferred to other countries, including countries that have different data protection rules than your country.

13. CHANGES TO THIS POLICY

We may update this Privacy Policy from time to time in response to changing legal, technical or business developments. When we update our Privacy Policy, we will take appropriate measures to inform you, in accordance with the significance of the changes we make. The revised Privacy Policy will be effective as of the published effective date.

Contacting Analyticom

You may contact us if you have general questions about our Privacy Policy and practices or questions about your Account information or Personal Data.

Analyticom Data Protection Officer:
dpo@analyticom.com
Elizabeta Peronja
Analyticom d.o.o.
Ulica grada Vukovara 271
10000 Zagreb, Croatia