§ 1.Definitions

1. The Regulations of the PROTRAINUP Electronic System "Club Management System" give the following meaning to the following terms:
   1. Regulations - this document, which is the Regulations referred to in Article 8(1)(1) of the Act of 18 July 2002 on Providing Services by Electronic Means (i.e. Journal of Laws 2020, item 344) together with all attachments thereto, in particular specifying the conditions for providing the Services. 1) of the Act of 18 July 2002 on provision of services by electronic means (Journal of Laws of 2020, item 344) together with all attachments doniego, in particular specifying the conditions for the provision of Services by the Service Provider to Recipients.
   2. Organization - an entity bringing together in the Republic of Poland all clubs from a given sport area (e.g. Polish Football Association).
   3. Login or Identifier - an individual and unique designation of the User.
   4. Password - a sequence of letters, special characters (hyphen, underscore) and digits with length at least 6 characters long - defined by the User and assigned to the User. The password is required for the User to log into the System.
   5. Account - a set of services provided by the Service Provider together with individual User settings, which enable the User to use the System, in the variant chosen by the User.
   6. Parents/Players Account - a version of the account for Parents and Players that includes functional Coach's locker room features, access to Coach's library, tracking of training progress, communication with the Coach, logbook archive and Player career archive. Access to the System tabs is configured by the Club. by the Club.
   7. Coach Account - free or paid version, at the Coach's choice. License includes an account for one coach and, depending on the selected package (Coach Leader) for 100 players and counselors. Licenses depending on the selected type, include the following functions at the most: mobile application, basic database of System's basic modules (Coach's diary and calendar, training training, messenger, database of exercises and drawings, training outlines pdf, tactic board, contributory module (Coach Elite, Coach Leader).
   8. Club PRO Account - paid version of the account for Clubs including the following features: access for 5 coaches and 100 players, 1 supervisory account allowing System management, mobile application, basic exercise database, basic System modules System's basic modules (Coach's diary and calendar, training attendance, messenger, database of exercises and drawings, training outlines pdf, tactic board 2.7).
   9. Dedicated Silver account - a paid version of the account for clubs containing the following functions: unlimited access for Players and Trainers, 3 supervisor accounts allowing to manage the System, mobile application, full database of exercises, basic modules of the System (Coach's diary and calendar, presence at trainings, communication, database of exercises and drawings, training outlines pdf, tactic board 2.7, financial support of the Club, customization of the System, full update, technical support of five advanced modules of the System (virtual locker room) System (virtual locker room, club board, workflow system, manual manual contribution module, medical module, live report module).
   10. Dedicated Gold account - a paid version of the account for clubs containing the following functions: unlimited access for Players and Coaches, unlimited access for supervisory accounts allowing unlimited access for Players and Trainers, unlimited access for supervisors to manage the System, mobile application, full database of exercises System's basic modules (Coach's diary and calendar, presence at trainings, messenger training, messenger, database of exercises and drawings, training outlines pdf, tactic board 2.7, Club financial support, System customization, full update, 24/7 technical support, five advanced System modules (virtual locker room locker room and club board, workflow system, manual contribution module, medical module, live medical module, live reports module, free training for coaches, SSL access encryption. SSL ACCESS ENCRYPTION).
   11. Dedicated Custom Account - paid version of account for Clubs containing features available in Accounts: Club Pro Account, Dedicated Silver Account and Dedicated Gold Account and in advanced modules available on web site www.protrainup.com, which can be configured by a Club on its own.
   12. Service Provider - "PROTRAINUP" limited liability company in Chorzów (41-500) at 10 Katowicka Street, entered in the Register of Entrepreneurs of the National Court Register in the District Court of Katowice - East in Katowice, KRS number 0000479526, NIP: 6342810550, REGON: 243343170, with a share capital of 610.000 PLN, email address: [email protected].
   13. Subscription Period - period of operation of the Account, for which the User pays the Subscription Fee.
   14. Subscription Fee - the total fee for Account ownership, calculated on a monthly, in the amount specified in the Subscription Option.
   15. Subscription Option - a paid Account available on the Website ProTrainUp.
   16. Change of Account Parameters - improvement of selected parameters of the Account made on the request of the User, by selecting one of the Account types and making the appropriate fee. Change of the Account parameters takes place at the moment of receiving by Service Provider receives a message about payment of the amount specified in the Price List.
   17. Price List - an offer presenting a comparison of capabilities and prices of the Subscription Variants. The Price List is available at: www.protrainup.com.
   18. Registration - a single action consisting in the creation of an Account by the User Account, performed with the use of the registration form made available by Service Provider on the Website.
   19. Data - a list of data stored in the System according to parameters defined by Provider or User.
   20. Services - Services connected with using the System, provided by Service Provider under the Terms and Conditions.
   21. Account Administrator - User who has the right to administer the Account
   22. Account Settings Panel - a subpage of the System where the Account Administrator can edit Account settings, being a part of the System.
   23. System zarządzania klubem lub System – program komputerowy (elektroniczny system ProTrainUp) działający pod adresem internetowym www.protrainup.com oraz www.protrainup3.com, prowadzony przez ProTrainUp, na warunkach określonych w Regulaminie.
   24. Web Site - the website www.protrainup.com and www.protrainup3.com along with with all sub-pages and related sites.
   25. Contract - an agreement for provision of services by electronic means concluded between User and Service Provider concluded upon acceptance of the Regulations by the User.
   26. User - a person or entity for whom the Service Provider provides Services. Service Recipients include Players who are thirteen years of age or older, Parents, Coaches, Team, Club, and Organization.
   27. Player - an identified individual who is a member of the Club. In the event, that the Player is a person without legal capacity, all actions within the System on his behalf and for his benefit shall be taken by his Parents. Persons over the age of thirteen may use the System on the basis of parental consent.
   28. Parent - an identified individual who is the legal representative of Player who does not have full legal capacity.
   29. Coach - an identified individual who, within a given sport sport the physical and mental preparation of Players.
   30. Team - a separate group of Players identified within the Club managed by at least one Coach.
   31. Club - an entity operating or organising an academy, school, club, course or any other activity of a sporting or similar nature for which the Service Provider provides Services to the extent specified in the Regulations.

§ 2 General Provisions.

1. These Terms of Use define the principles of using the Account, System and Services offered by Provider as well as the rights and obligations of Provider and User.
2. The entity providing the Services is the Service Provider.
3. Communication between the Service Provider and the User takes place in Polish.
4. Except as otherwise provided in the Terms and Conditions, each Client may communicate with the Service Provider through:
   1. the contact form found on the Website;
   2. electronically, via email address: [email protected];
   3. in writing, to the address: PROTRAINUP sp. z o.o., ul. Katowicka 10, 41-500 Chorzów, with a note: "PROTRAINUP Club Management System".
5. Unless the provisions of the Terms and Conditions provide otherwise, the Service Provider may communicate with the Client electronically, by phone or in writing, but unless otherwise specified in the provisions of the Terms and Conditions or the law, the primary form of communication with the Client is e-mail.
6. Access to the Account, including the Services offered by the System, is granted only to the Users who registered the Account in the manner specified in Terms of Use or obtained the access to the Account assigned by the Account Administrator.
7. In order to use the Account, the System and the Services provided by the Service Provider, the User must read the Terms of Use and agree to the conditions specified in the Terms of Use. The User may accept the Terms of Use:
   1. by clicking on the button or marking "I accept the Terms and Conditions"; during User registration; or
   2. by actually using the System. In this case the User acknowledges that the Service Provider will treat the use of the System as acceptance of the Terms of Use from the moment the User starts using the System and the User agrees to that.

§ 3. Technical requirements.

1. Services provided by the Service Provider under the Regulations are provided electronically, via the Internet.
2. The use of the Services is possible via:
   1. the Internet service available on the Website;
   2. mobile application.
3. In order to use the Services correctly, the Client should meet the minimum technical requirements:
   1. have a device providing access to the Internet and having software enabling proper display of websites (e.g. a web browser) or enabling installation and use of the Mobile Application;
   2. have an e-mail account;
   3. have an Internet connection;
   4. have a mobile phone or similar device capable of receiving SMS messages.
4. The Service Provider shall make every effort to ensure that data transmission via the Internet as part of the use of the Services is secure, i.e. that the information transmitted is complete and complete.
5. The Provider is not responsible for technical problems or technical limitations of the computer equipment used by the User, which prevent the User from using the System and the Services.

§ 4. Registration of a User Account.

1. The Service Provider informs that the access to the System and Services is possible after the Account Registration.
2. When registering, the User is obliged to provide truthful, accurate and up-to-date data which is not misleading and does not infringe the rights of third parties. The User is also responsible for maintaining the confidentiality of his/her password.
3. The User is solely responsible for the content of the data provided by him. The Service Provider informs that any content submitted or any Order placed by third parties identifying themselves with the User's Login and Password will be attributed to the User.
4. Registration takes place by way of filling in the registration form made available on the Website, after completing the relevant sections of the form and pressing the "Done" button by the User.
5. Completion of the registration form requires the User to provide the following information:
   1. Selected Account Type;
   2. Individual account name - Login;
   3. The User's e-mail address;
   4. User access passwords.
   The service provider reserves the right to extend the registration form with additional fields, the completion of which will be voluntary.
6. After the Registration, the User shall receive a letter containing an activation link to the e-mail address provided in the registration form no later than 48 hours from the date of successful Registration. Opening the activation link in the Internet browser is necessary in order to activate the User's Account and to be able to use the Account, the System and the Services.
7. In the case of choosing one of the Account types, the User is obliged to make a full registration by indicating:
   1. in the case of a natural person, first and last name; address of permanent residence; address for correspondence, if different from the address of residence;
   2. in the case of a legal person or organisational unit which is not a legal person and has been granted legal personality by law, the business name; NIP; registered office address; correspondence address, if different from the registered office address.
8. The User is entitled to change the type of Account at any time by changing the Account Parameters by the Account Administrator in the Account Settings Panel and by paying the appropriate Subscription Fee.
9. Following the User's selection of the Subscription Variant for the continued period of use of the Service Provider, the User is obliged to pay Page 6 of 17 the Subscription Fee in the amount corresponding to the selected Variant, in accordance with the Price List applicable on the date of the selection.
10. Payment of the Subscription Fee marks the beginning of a new Subscription Period.
11. If the User makes a declaration of termination before the end of the Subscription Period, the User may use the Account until the end of the paid Subscription Period.

§ 5. Terms of Use of your Account.

1. The Service Provider reserves the right to modify the technical manner of performing the Services, according to the scope and conditions resulting from its authority, and according to its technical capabilities.
2. In order to ensure the security of the transmission of messages and in connection with the Services provided, Service Provider takes technical and organizational measures appropriate to the degree of security threat to the Services provided.
3. In particular, the user is obliged to:
   1. use the System in a manner that does not interfere with its operation, in particular by using specific software or devices;
   2. use the System in a manner consistent with the provisions of these Terms of Use;
   3. use the System in a manner that is not disruptive to other Users and the User, respecting their personal rights (including their right to privacy) and all their rights;
   4. to use any content within the System only for your own internal and personal use. Any other use of the content is permitted only with the explicit permission of the authorized person;
   5. not to undertake any actions such as: sending or placing in the System unsolicited commercial information, undertaking computer activities or any other actions aiming at obtaining information not intended for the User;
   6. not to attempt to gain access to data not belonging to the User, to break security measures, to break the authorization system or to interfere with the proper functioning of the System in any other way, including attempting to obtain source codes.
4. Service Provider shall not be liable in any way for infringement of third party rights or causing any damage to third parties as a result of and in connection with the activities carried out by the User using the data collected by the User in connection with the Services provided.
5. The User is obliged to immediately inform the Service Provider about any violation of his/her rights within the System as well as about any violation of the Terms of Use.
6. The Service Provider may deprive the User of the right to use the Account or System, as well as restrict the User's access to part or all of System resources or Services offered by the Service Provider, with immediate effect in case the User violates the Terms of Use, especially if the User
   1. provided during the Registration process data that is untrue, inaccurate or outdated, misleading or violating the rights of third parties;
   2. commits through the Account or the System a violation of personal rights, in particular the personal rights of other Users;
   3. will behave in any other way, contrary to the law or general principles of Internet usage, contrary to the purpose of creation of the System or contrary to Provider's good name;
   4. has created an Account despite having been previously deprived of the right to use the System, subject to subpara. 8.
7. A person who has been banned from using the Account or the System may not register again without the Service Provider's prior express written consent.
8. In case of disqualification from the use of the Account or System or restriction of access in cases specified in paragraph 7, the Service Provider shall not refund the Subscription Fee paid.
9. The User may remove their Account at any time. In such case all the information stored in the System and related to the User will be also removed, except for the data administered by other Users. By deleting the Account the User resigns from using it any more.

§ 6. Subscription fee.

1. The use of individual Services provided by the Service Provider is chargeable, except for the free version of the Coach Account.
2. Any changes to the Price List will be announced on the Website and will be applicable to the User only from the next Subscription Period. The User may resign from using the System if he/she does not accept the new fees.
3. You will receive notification at least 24 hours before your subscription expires as a push notification on the mobile app as well as a notification on the ProTrainUp web platform.
4. In the case of an Account Parameter Change, the change is deemed to have been made when the Subscription Fee is credited to the Service Provider's bank account.
5. The Account Administrator in the Account Settings Panel has access to information on how to pay the Subscription Fee.
6. Any changes in the Pricelist will be announced on the Website and will apply to the User only from the next Subscription Period. The User may resign from using the System if he/she does not accept the new fees.
7. Detailed information on the amount of the Subscription Fees and the parameters of the individual Subscription Variants can be found in the Price List posted on the Website.
8. Subscription Fees are payable in advance for consecutive Subscription Periods.
9. Payment of the Subscription Fee shall be made via DotPay service or independently by the User, by transfer to the Service Provider's bank account indicated on the VAT invoice.
10. The Service Provider shall make a VAT invoice available in the User's Panel within 7 working days from the date of recording the payment for the Subscription. At the User's request, the Service Provider shall send a VAT invoice to the email address provided during Registration.
11. The day of the month that will be the day of commencement of the Subscription Period is determined by the day on which the Service Provider posts the payment on the indicated bank account. The Subscription Period shall end on the date which corresponds to the initial day on which the Subscription Period began and, if there is no such day in the following month, on the last day of a given month.
12. The Subscription Fee may consist of:
    1. Fee for the selected Account type;
    2. Fee for access rights to the Account for additional Users.
13. In the case of an Account Parameter Change, the change is deemed to have been made when the Subscription Fee is credited to the Service Provider's bank account.
14. The Account Administrator in the Account Settings Panel has access to information on how to pay the Subscription Fee.

§ 7. Technical breaks.

1. The Service Provider is entitled to temporarily interrupt the operation of the System and its Services for technical reasons.
2. The Service Provider will make every effort to ensure that technical interruptions take place during the night and last as short a period as possible.
3. The Service Provider shall not be liable to Users for failure to perform or improper performance of the Services due to reasons attributable to third parties (including telecommunications network operators) or caused by acts of God.

§ 8. Data Privacy.

1. Upon acceptance of the Terms and Conditions, the User consents to the processing of his personal data by the Service Provider in accordance with the terms of the Terms and Conditions.
2. The Service Provider declares that he will take special care to provide the Users with a high level of security concerning the use of System. Any events affecting the security of information transmission, including the suspicion of sharing files containing viruses and other files of similar nature, should be reported to the Service Provider at the email address indicated in the "Contact" section of the Site.
3. The Service Provider informs, and the User agrees, that all notifications, information or other messages from the Service Provider related to the provision of Services will be sent electronically to the User's e-mail address indicated in the registration form or in the Account Settings Panel. The User is obliged to update his/her e-mail address. Any messages sent to the address indicated in the registration form or in the Account Settings Panel shall be deemed delivered in case of doubt.
4. The legal basis, the purpose, the period of processing of personal data and the rights of the data subject, as well as other important information regarding the principles of processing personal data are detailed in the PROTRAINUP Security Policy, taking into account the provisions of Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of individuals with regard to the processing of personal data and on the free Page 9 of 17 flow of such data and repealing Directive 95/46/EC (General Data Protection Regulation).
5. User's personal data may be processed by the Service Provider in order to establish, shape the content, change or terminate the legal relationship between the User and the Service Provider.
6. The Service Provider is obliged to use technical and organizational measures to ensure the protection of the User's personal data processed, appropriate to the threats and the category of data protected. In particular, the Service Provider shall protect the data from being made available to unauthorized persons, from being taken by an unauthorized person, from being processed in violation of the Act, and from being altered, lost, damaged or destroyed.
7. The Service Provider ensures that it will take special care to protect the interests of the User. Service Provider ensures that the personal data of the User will be obtained:
   1. processed in accordance with the law;
   2. collected for specified, legitimate purposes and not further processed in a way incompatible with those purposes;
   3. Substantially correct and adequate in relation to the purposes for which they are processed;
   4. stored in a form which permits identification of the data subjects for no longer than is necessary to achieve the purpose of the processing.
8. Service Provider reserves the right to disclose selected information concerning the User to competent authorities or third parties who request such information on an appropriate legal basis and in accordance with applicable law.
9. Service Provider declares that in order to collect information related to the provision of Services it uses cookies. These are information which Service Provider's server saves on User's computer, so that the User will be "recognized" each time he connects to the Account. The cookie system does not interfere with the operation of the User's computer and can be turned off. Cookies enable:
   1. maintaining the User's session (after logging in), thanks to which the User does not have to re-enter the login and password on each subpage of the System;
   2. creating the statistics of viewing the System's subpages,
   3. remembering User preferences, including the choice of the Website language option.
10. Each User has the right to access their personal data, to correct and complete them and to demand to stop processing their data and delete them by applying in writing to the Service Provider. If the User deletes his/her personal data, he/she loses the right to use the System and its Services, which is equivalent to deletion of his/her Account.
11. If the User includes in the System any personal data of other people (including their name, phone number or e-mail address), they may do it only at their own risk and provided that they do not violate any applicable laws and do not infringe personal rights of those people.

§ 9. Complaints.

1. Any complaints regarding the provision of Services by the Service Provider and questions regarding the use of the Account or the System shall be sent to the email address indicated on the Website under "Contact" or to the correspondence address (registered office of PROTRAINUP): with the annotation "Complaint".
2. A complaint should include: first and last name - in case of a natural person or a company - in case of a legal person or organizational unit which is not a legal person, which is granted legal personality by the act, User's Login, his exact residential or business address, eventually his correspondence address, if different from his residential or business address and e-mail address given during the Registration, as well as the exact description and reason for the complaint.
3. The Service Provider shall consider the complaint within 7 working days from the date of its receipt and shall inform the User immediately, by e-mail, about the manner of its consideration. If the data or information provided in the complaint need to be supplemented, the Service Provider, before considering the complaint, shall request the complainant to supplement it. The time of providing additional explanations by the User extends the period of considering the complaint accordingly.
4. Investigation of the complaint by the Service Provider is final.
5. Any other notices, comments and questions regarding the operation of the System may be submitted by email to the email address indicated on the Website under "Contact Us".

Privacy Policy

ProTrainUp ("We") are committed to protecting and respecting your privacy. This document (together with the Terms and Conditions and any other documents to which it refers) sets out the principles by which we process any personal data that you provide or that other controllers make available to us. It also sets out any obligations for processing your personal data when you use the Service. This Privacy Policy describes ProTrainUp's use of Cookies to store information on your Devices and to access that information.

This Privacy Policy also contains all the necessary information required by 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 (General Data Protection Regulation), (hereinafter GDPR) and sets out, first of all, the basic principles for the protection of your Personal Data applied by us - ProTrainUp, as processor, and, in the case of individual accounts (coach free, elite, leader), as controller of your Personal Data, including the purpose, scope and period for which your Personal Data will be processed by us; describes to whom and on what terms ProTrainUp. may share your Personal Data; provides information about your rights in connection with the processing of your Personal Data by ProTrainUp. Your Personal Data.

If you have any questions or concerns regarding this document, please send an e-mail to: [email protected].

ProTrainUp. ("My") dokładamy wszelkich starań by chronić i szanować Twoją prywatność. Niniejszy dokument (łącznie z Regulaminem i innymi dokumentami, do których się odwołuje) ustala zasady, według których przetwarzamy wszelkie dane osobowe przekazane przez Ciebie lub zebrane przez nas. Zakreśla on także wszelkie obowiązki przetwarzania Twoich danych podczas korzystania z Usługi. W przypadku sprzecznych zapisów w Polityce prywatności i Regulaminie, zapisy zawarte w Regulaminie mają charakter nadrzędny.

Change History:

25-05-2018 - changes related to RODO

1. General provisions

You can opt out of receiving emails from us

We send information about payments, about our services, notifications from Services and newsletters. In all cases, you can opt out of continuing to receive a particular type of message.

If at any time you change your mind about receiving communications from us, please notify us and we will remove your email address from our mailing list.

Communication

If you register or pay for access to our Service, we use the information you enter to process and process your payment, as well as to enable you to use the Service.

We may also use your information to send you marketing materials about our Service.

In addition, we may collect and pass on, anonymous and aggregate statistical data that we use to improve the quality and performance of our services and website.

How we use your information and with whom we may share it

We use the highest standards when storing and disclosing the information you have provided to us to prevent unauthorized access. We comply with the laws of the countries in which we operate.

We never share your private information with companies or third parties except for those whose services and products are necessary to provide our services to you. These companies provide the hardware, data storage infrastructure and other services necessary for the proper operation of the Service. All data exchanged between us and third parties is encrypted using SSL technology.

To whom and when may we disclose your information?

• if we are legally compelled to share your personal information or to enforce Regulations and other agreements, to protect the rights of ProTrainUp., our customers or others. This includes sharing information with other companies or organizations to protect against fraud and reduce credit risk,
• When ProTrainUp. or most of its assets are sold to a third party, your personal information will be one of those assets.

All data is stored in secure hosting centers in Poland

By using the Site and/or Services, you consent to our partners having access to your personal data, including those outside the European Economic Area (EEA). We always make every effort to ensure that your data is transferred in full compliance with data protection laws applicable in the European Union, which means that your data may only be transferred to a country that ensures an adequate level of data security or is obliged to comply with the Standard Contractual Clauses (EU model clauses for the transfer of personal data). By uploading your data to the service or website, you agree to this type of transfer, storage and processing. We undertake to take all steps to ensure the security of your data within the framework of this privacy policy, in accordance with the principles of common sense. You undertake not to disclose to a person or third parties your access data to the Service for the entire period of using the Service.

We may share your information with third parties in the event:

We will never use the information entered and stored on the Service for any purpose other than to provide the Service. We will never check the activity history of individual users except to troubleshoot a problem or fix an error in the Service or hardware.

Our employees have access to summary statistical data on the use of the Service. This information is used to improve the functionality, operation of the Service, or to improve the user interface.

We monitor the use of system resources

You are responsible for reviewing the privacy policies of websites to which our Site or Service may lead.

Our website and/or Service may contain references to other websites or services. We are not responsible for the privacy policies of third parties or for the content of their websites and/or services.

This privacy policy is subject to change

We retain the right to change this privacy policy at any time. Any changes will be published on our Website.

General provisions

• forgetting - deletion of your data from our servers,
• to have access to your personal data processed by us,
• correction,
• transfer personal data directly to another Data Controller,
• withdraw consent to the processing of personal data.

In accordance with the provisions of the General Data Protection Regulation (EU) 2016/679, you have the right to:

Your rights

• from our production servers - up to 7 days after sending your request to [email protected] ,
• from other systems (backups, server logs) - up to 90 days from the moment of sending the request to the e-mail [email protected] of the company or your user account.

We process your personal data as long as you have controls on the Service (you are the account owner or user).

Your data will be deleted:

Duration of storage and processing of your data

If you believe that ProTrainUp is improperly processing your personal data, please email us: [email protected]. We will do our best to resolve the issue you have reported.

For the purposes of the General Data Protection Regulation (EU) 2016/679, the controller of your and your account users' Personal Data is Innodia Ltd. a private company registered in England and Wales under number 07779992, with registration address 5 London Road SW179JR, London, United Kingdom.

For the purposes of the General Data Protection Regulation (EU) 2016/679, the processor of Personal Data entered into the Service by you and by the users of your account is ProTrainUp Sp. z o.o. with its registered office in Chorzów - at 10 Katowicka Street -, entered into the Register of Entrepreneurs of the National Court Register under KRS number 0000479526.

If you have any questions or ambiguities related to this document, please contact us by e-mail at: [email protected]

Complaints

ProTrainUp Sp. z o.o. with its registered office in Katowice - ul. Ligocka 103 -, entered in the Register of Entrepreneurs of the National Court Register under KRS number 0000479526

Who are we?

• directly from you,
• from the administrator of your account - the club (when inviting to the service).

If you choose to register with protrainup.com ("Service") you will be asked to enter selected information about you and your company. By entering the above personal information, you consent to the collection, processing and transfer of your data in accordance with the terms of this Privacy Policy.

We may also collect information about your use of the Service, and information about you from email correspondence you have with us or from information you submit to our site. We undertake to use this information in accordance with the provisions set out in this document.

All your personal data that we hold and process - we only receive:

In both cases, your or your account administrator's consent is required.

We collect and process your name, e-mail address, IP address, browser information and other data provided by your browser (e.g. referring page, language, time zone, etc.).

A cookie is a text chain of information stored by your browser when you browse a website. Cookies are used by the Service to ensure the continuity of the session after logging in, to prepare anonymous statistics on how to use the application, to store user preferences and to enable the "Remember me on this computer" function. Please note that do not use this option when using computers Page 12 of the 17 available to a larger number of users (Internet cafes, reading rooms, libraries, etc.).

Cookies do not contain personal data.

Information we collect from you

Our Service - ProTrainUp is an online programme for managing your sports club and individual coach. It stores information as it is entered by you (as a club or individually). We only store information that has been entered by you and/or users from your organisation or has been imported automatically with your permission or request. Data entered or imported by users remains their property and we will not use or make it public without your permission.

Your data

If you are under the age of 18 you may have an account with Service. We collect and process personal data of minors with the consent of their parents, legal guardians and the personal data controller.

Persons under 18 years of age

We do not store financial data, including credit card numbers and codes and these cannot be used by our employees. All payment data is stored and handled by PayPal (Europe), DotPay in accordance with their privacy policies and PayPro SA Agent Rozliczeniowy, ul. Kanclerska 15, 60-327 Poznań, entered in the Register of Entrepreneurs of the National Court Register kept by the District Court Poznań Nowe Miasto and Wilda in Poznań, VIII Commercial Division of the National Court Register under KRS number 0000347935, NIP 7792369887, Regon 301345068.

Credit card data

You decide who has access to your data.

Accordingly, we will process your data or the data of a Competitor for whom you are a guardian for the following purposes:
a) in case of your consent we will process your data in order to answer your inquiry sent in the contact form, to contact you by phone or to send you to your e-mail address or telephone number information about our services or our other commercial information, payment information, notifications from the Service, processing of your image in order to use it to disseminate your photos and footage from events on the Internet and social networks - art.6(1)(a) GDPR. In all cases, you may opt out at any time from receiving any further communications. If at any time you change your mind about receiving communications from us, please let us know and we will remove your email address from our mailing list and your phone number from our database;
b) for the use of services provided through our websites, information systems or applications and to take action at your request before entering into a contract or to perform a contract for the use of ProTrainUp services - Article 6(1)(b) of the GDPR;
c) in order to service the reported complaints - art.6(1)(c) GDPR;
d) in order for us to comply with legal obligations to collect or store certain personal data for a certain period of time arising, for example, from tax laws, the Accounting Act, the Act on Out-of-Court Settlement of Consumer Disputes or the Telecommunications Act - Article 6(1)(c) of the GDPR;
e) for the purposes arising from the legitimate interests of the administrator - Article 6(1)(f) GDPR, i.e. for the purpose: • establish, assert, and defend possible claims related to the services we provide or the business we conduct;
• monitoring your activity on our websites and information systems or applications, e.g. using cookies or other tools that we use;
• monitoring your activity on our websites and information systems or applications, e.g. using cookies or other tools that we use;
• direct marketing of products or services provided by us to inform you about our offers or to provide you with other commercial information;
f) ProTrainUp will not process your Data for purposes other than those indicated above. If we want to process your Personal Data for a purpose other than those for which we collected it and informed you, we will inform you and ask for your consent, if required by law.

THE SCOPE OF PROTRAINUP'S PROCESSING OF PERSONAL DATA

a) data that you have provided to us by filling in a form or registering on our website, information system or application:
- ordinary data such as:
• Your First and Last Name,
• phone number,
• e-mail address

b) data that has been lawfully made available to us or entrusted to us by other administrators:
• name and surname of the Player (your child) - in case of a Player profile
• gender,
• nationality,
• image,
• date of birth,
• birthplace,
• residence address,
• school name, school address,
• the start and end dates of play at the club,
• insurance information (yes/no),
• extranet no. (PZPN),
• information about the parent club (on loan),
• login,
• password - encrypted hash,
• your personal ID,
• the player's (your child's) ID or date of birth if no ID number is available.
• user id.

c) statistical data related to the training process such as:
• test results (e.g., 5-meter run),
• attendance,
• match statistics (goals, assists, etc.),
• records of equipment received,
• records of fee balance,
• correspondence using the mechanisms of the ProTrainUp system,
• player observation/evaluation data (player's skills, each club evaluates according to its own criteria),
• borg scale measurement data.

d) data that is made available to us by the device you use when using our services, websites, information systems or applications, via cookies.

DATA RECIPIENTS

We apply the highest standards in storing and processing the Personal Information you have provided to us to prevent unauthorized access to that information. We never share your Personal Information with companies or third parties except for those whose services and products are necessary to provide our services to you. These companies provide the equipment, data storage infrastructure and other services necessary for the proper operation of the Service.

In this case, the recipient of your Personal Information may be:
‒ telecommunications operator with respect to your Personal Data necessary to provide the telecommunications service for sending SMS messages;
‒ bank or other payment service provider for your Personal Information necessary to complete the payment transaction or service.

All data exchanged between us and third parties are encrypted using SSL technology. In special cases, your data may be transferred to other entities or authorities authorized by law (e.g. at the request of the Court, the Police, etc.).

PERIOD OF PROCESSING AND STORAGE OF PERSONAL DATA

We will process your Data for as long as it is necessary to perform and provide the Service in which you have an account (you are the account owner or user). All data is stored in secure hosting centers in Poland. Therefore, on the basis of the contract concluded with you - the processing of your Personal Data will last throughout the term of the contract and then your Data will be stored for archiving purposes (fulfillment of legal obligations) or for the period of the statute of limitations for potential claims under the contract; on the basis of the consent you have given us - we will process your Data until you revoke your consent; in the case of the processing of your Personal Data for the realization of a legally justified interest of the administrator - we will process your Data as long as it is necessary for the realization of our legally justified interests.

Your data will be deleted:
• from our production servers - up to 7 days from the moment of sending the request to the e-mail: [email protected],
• from other systems (backup copies, server logs) - up to 90 days from the moment of sending the request to the e-mail: [email protected] company or your user account.

Entered data or imported on request by users of your organization are securely stored in our database, which can only be accessed by specific employees of our company. Your administrator ("Administrator") has full control over the list of users of your organization, can allow access to the Service (invite a user). Entering your username (e-mail, login) and password is necessary to access your data (The service requires logging in). It is the responsibility of each user to keep the password secure. It is the Administrator's responsibility to ensure that only the right people have access to the data (they are invited to the program). None of our employees or third parties Page 13 of 17 has the ability to know or reproduce the password to the Service, which means that they are unable to log in to your account without the prior consent issued by your Administrator.

RIGHTS OF DATA ENTITIES

In connection with our processing of your Personal Data, you have the right to:
• obtain information about your personal data, access to its content (pursuant to Article 15 GDPR);
• request rectification (amendment) of data (pursuant to Article 16 GDPR);
• a written reasoned request for erasure (pursuant to Article 17 GDPR);
• limitation of data processing (pursuant to Article 18 GDPR);
• data portability (pursuant to Article 20 GDPR);
• object to further processing (pursuant to Article 21 GDPR);
• in the case of the processing of personal data on the basis of consent, you have the right to withdraw consent at any time without affecting the legality of processing carried out on the basis of consent before its withdrawal.

The above rights may be exercised directly at the Administrator's office or by mail or by directing correspondence to the Administrator or the Data Protection Officer at the e-mail address provided in this clause.

THE RIGHT TO LODGE A COMPLAINT WITH A SUPERVISORY AUTHORITY

You have the right to lodge a complaint to the supervisory authority - that is, to the President of the Office for Personal Data Protection at the address: 2 Stawki Street, 00-193 Warsaw, telephone: +48 22 531 03 00, if you believe that we are processing your Personal Data in contravention of the purpose for which it was collected. If you believe that ProTrainUp is improperly processing your Personal Data, please send us an email at: [email protected] We promise to do our best to resolve the issue you have raised.

INFORMATION ABOUT THE OPTIONALITY OR OBLIGATION TO PROVIDE THE DATA

Providing your Personal Data is voluntary, however it is necessary for you to enter into a contract with us and for us to properly provide services to you. In the event that you do not provide us with your data we will not be able to enter into a contract with you and thus will not be able to provide you with any services.

TRANSFER OF PERSONAL DATA TO A THIRD COUNTRY

We will not transfer your data to a third country or to other international organizations.

AUTOMATED DECISION MAKING

You are responsible for and guarantee that when using the Service you do not violate local and international laws, while not limiting your rights related to privacy, processing of personal data and others.

We will never use information entered and stored on the Service for any purpose other than to provide the Service. We will never review the activity history of individual users except to troubleshoot or fix a bug in the Service or hardware. Our staff has access to aggregate statistics about how the Service is used. This information is used to improve features, how the Service works, or to improve the user interface. Your personal information will not be subject to automated decision-making processes, including profiling.

You agree to respond promptly to our request to correct or delete information stored in the Service. You also agree to fully cooperate and assist us when we respond to a complaint, notice or communication regarding, directly or indirectly, the processing of personal data or other information and regarding compliance with applicable local and international law.

You agree to indemnify and hold us harmless from and against all claims, damages and expenses or costs incurred by us or which we may incur as a result of your or your employees' failure to comply with or breach of any provision of this Privacy Policy.

CONTACT DETAILS OF THE DATA PROTECTION SUPERVISOR

The Board of Directors of ProTrainUp has appointed a Data Protection Supervisor who can be contacted via email: [email protected] or in writing to the Administrator's registered address marked "Data Protection Supervisor" The Data Protection Supervisor may be contacted on all matters relating to the processing of your personal data and the exercise of your rights in relation to the processing of such data.

PURPOSES OF PROCESSING AND LEGAL BASIS

The legal basis for the processing of personal data by ProTrainUp, is the necessity to fulfill the obligations incumbent on the controller. We process your personal data in order to fulfill the obligations that arise from the provisions of law related to the scope of our activities or in connection with a contract binding us - so the basis for processing by ProTrainUp of your personal data is Article 6(1)(a) , b), c), f) GDPR.

Who has access to the data?

Upon request, we will provide you with a full export of your data in one of the common file formats selected by us.

Your data may be irreversibly deleted by us in the absence of payment for the use of the Service, or at the request of the Administrator.

We will allow you access to your data at any time

All data is stored in secure hosting centres in Poland

Where we store your data.

INFORMATION CLAUSE
. Concerning the processing of personal data in relation to users visiting social networks operated by ProTrainUp Ltd. Facebook, Instagram, YouTube, Twitter, Linkedin

1. In connection with ProTrainUp Ltd.'s use of social media and maintenance of profiles on Facebook, Instagram, YouTube, Twitter, Linkedin, ProTrainUp Ltd. pursuant to Article 13 (1) and (2) of Regulation (EU) 2016/679 of the European Parliament and of the Council of April 27, 2016. on the protection of natural persons with regard to the processing of personal data and on the free movement of such data and the repeal of Directive 95/46/EC [hereinafter: GDPR] provides users visiting social networks - profiles managed by ProTrainUp with the following information on the processing of personal data:
2. Personal data administrator
   The administrator of your personal data provided via LinkedIn is ProTrainUp Ltd., doing business at: 10 Katowicka St., 41-500 Chorzow, NlP: 634282163, REGON: 243343170. Contact: tel: 535-352-535, e-mail: [email protected] [hereinafter: Administrator].
3. Data Protection Inspector - IOD
   The Administrator has appointed a Data Protection Inspector, whom you may contact on all matters concerning the processing of your personal data, via e - mail address: [email protected] or via postal mail to the Administrator's address details indicated above.
4. Types of social networks:
   1. Facebook i Instagram - ProTrainUp Ltd.'s fanpage: [facebook.com/protrainup and instagram.com/protrainup] is available on Facebook, and Instagram, whose provider is Facebook Inc. The rules for the use of your personal data on Facebook, Instagram, Messenger and other products and features offered by Facebook Inc. can be found in Facebook's Privacy Policy available at: https://www.facebook.com/privacy/explanation.
   2. LinkedIn - ProTrainUp Ltd.'s fanpage: [linkedin.com/company/10360618] is available on LinkedIn. The terms of use of your personal data by the LinkedIn service provider can be found at: https://www.linkedin.com/legal/privacy-policy.
   3. Twitter - ProTrainUp Ltd's fanpage: [twitter.com/protrainup] is available as part of Twitter. Rules for the use of your personal data by the service provider, can be found at: https://twitter.com/en/privacy.
   4. YouTube - ProTrainUp Ltd.'s fanpage: [youtube.com/@ProTrainUp-System] is available on YouTube, whose provider is Google LLC. Rules for the use of your data by Google LLC, can be found at: https://policies.google.com/privacy?hl=pl. Fanpages of ProTrainUp Ltd., are used to present information about ProTrainUp's activities in the country, but also in the world including presentation of activities undertaken by ProTrainUp in the scope of offered services. They allow you to follow and interact with ProTrainUp, as well as to contact us.
   
   ProTrainUp, as Fanpage administrator, can see statistical information about visits to its profile, such as the age of visitors, their reactions, activity and comments. This functionality helps us to select appropriate content for Fanpage users' preferences. ProTrainUp, as a social network user [Fanpage administrator], has the ability to view your public profile, as well as to contact you through the messenger available on the respective service, such as the one available on Instagram - Instagram Direct, or on FB - Messenger.
5. Source and type of processed data
   Your personal data is collected and processed by ProTrainUp when you subscribe to ProTrainUp Ltd.'s fanpage by clicking on the "Like", "Observe", "Share" or "Subscribe" icon, or when you post a comment under any of the posts made on ProTrainUp's fanpage on a profile on a social network such as Facebook, Instagram, Twitter, LinkedIn or You Tube. ProTrainUp Ltd. as Administrator will process the following data:
   1. ID (including name or nickname);
   2. profile photo and other photos (which may also depict an image);
   3. the content of your comments;
   4. automatically collected technical data about your visit to the social network (e.g. IP address, domain name, type of browser you use, type of operating system, etc.);
   5. anonymous statistical data on visitors to the fanpage available through an available function on the relevant social network (e.g., "Facebook Insights provided by Facebook) in accordance with the unmodifiable terms of use of said social network, collected through "cookies", each of which contains a unique user code that can be linked to the connection data of users registered on the relevant social network, which is downloaded and processed when the fanpage is opened.
6. Purposes and grounds for processing personal data
   Your personal data will be processed for purposes:
   1. To maintain fanpages on the social networks Facebook, Instagram, Twitter, LinkedIn or You Tube, under the terms and conditions set by the administrators of these services and in accordance with the rules and regulations of these services, and to inform through them about our activity and activities, to promote the various events we organize, to promote, build and maintain the community associated with us, and to communicate through the available functionalities of these services, such as responses to reactions, comments and private messages [based on Article 6(1)(f) GDPR];
   2. statistical and advertising activities carried out through the tools provided by the applications of the various social networks. These activities are carried out on the basis of our legitimate interest, in order to ensure continuity of communication, and to handle inquiries and complaints about the Administrator's products and services, as well as to carry out our own marketing and take care of our image [based on Article 6(1)(f) of the GDPR];
   3. in case the processing of your personal data is to be carried out for a purpose other than those indicated above, each time it will take place after obtaining your prior consent to process your personal data, to the extent and for the purpose indicated in such consent [on the basis of Article 6(1)(a) GDPR].
7. Recipients of personal data
   Your personal data may be transferred:
   1. entities cooperating with the Administrator, in particular IT system and IT service providers and service providers supplying the Administrator with technical, IT and organizational solutions that enable the Administrator to run its business, including our websites and electronic services provided through them [in particular, providers of computer software to run our websites, providers of e-mail and hosting, and providers of business management and technical support software for the Administrator], providers of social plug-ins, scripts and tools that enable the integration of the website and the services provided through it with the electronic services of external social networks - on a contracted service basis, with such entities processing personal data in accordance with the agreements concluded for the entrustment of personal data processing and only in accordance with the Administrator's instructions;
   2. to the owner of the social networking site Facebook and Instagram, i.e., Facebook Inc. under the non-modifiable data rules set by Facebook Inc. available at https://www.facebook.com/about/privacy; to the owner of the social networking site LinkedIn under the non-modifiable data rules set by LinkedIn available at https://www.linkedin.com/legal/privacy-policy; to the owner of the social networking site Twitter under the non-modifiable data rules set by Twitter Inc. available at: https://twitter.com/en/privacy;
   3. to the owner of the YouTube social network under YouTube's unalterable data rules available at: https://www.youtube.com/intl/pl/about/;
   4. entities authorized to do so under generally applicable laws.
8. Transfer of personal data to third countries or international organizations
   Your personal data may be transferred to third countries or international organizations outside the European Economic Area. For example, your data may be transferred to Google group entities. Your personal data may furthermore be transferred to third countries, such as the United States and other countries where Facebook, Instagram,Twitter, LinkedIn or Youtube are available. These entities unanimously declare the use of typical contractual clauses approved by the European Commission and reliance on decisions of the European Commission finding an adequate level of data protection for the specific countries to which data may be transferred. More information can be obtained from the aforementioned websites of these social networks.
9. Processing personal data automatically [including through profiling].
   Your personal data will not be used to make automated decisions, including profiling.
10. Data retention period
    The period of processing of your personal data depends on the purpose for which the data is processed:
    1. for the period that is necessary to protect our interests as an Administrator;
    2. data processed on the basis of consent will be processed until the consent is withdrawn;
    3. for direct marketing purposes until you object to their processing for the indicated purpose or until we determine that the data have become obsolete;
    4. statistical data on visitors to the fanpage available through the functions available on the relevant social network will be processed for the duration of the availability of such data on the service, in accordance with the rules of that service;
    5. for other purposes based on our legitimate interest for the period of validity of those purposes or until you object.
11. Your Data Protection Rights
    You have the right to:
    1. access to the content of their data;
    2. request for rectification of data;
    3. deletion of data or restriction of their processing, in cases provided by law;
    4. obtain a copy of your data;
    5. transfer of personal data;
    6. withdraw consent to data processing at any time, whereby withdrawal of consent shall not affect the lawfulness of the processing of your data carried out on the basis of the consent given before its withdrawal;
    7. object at any time to the processing of your personal data to the extent that the processing of your personal data is based on a legitimate interest of the controller, including for reasons related to your particular situation;
    8. lodge a complaint to the supervisory authority, i.e. the President of the Office for the Protection of Personal Data[contact details for the Office: Stawki 2 Street, 00-193 Warsaw, tel. 22 531-03-00, helpline 606-950-000, e-mail: [email protected]], if you consider that the Administrator has violated the provisions of the GDPR in processing your personal data.
    
    If you have concerns about the way we process your data, please contact us electronically in the first instance via email at [email protected] or [email protected] at the postal address of the Administrator's registered office indicated above.
12. The right to file a "marketing" objection
    You have the right to object at any time and free of charge to the processing of your personal data for direct marketing purposes. If you exercise this right - we will stop processing your data for this purpose. In order to exercise the above right, please contact via email address: e-mail: [email protected] or [email protected] or at the postal address of our Administrator's headquarters indicated above.
13. Co-management of personal data
    Service providers:
    • Facebook Inc., 1 Hacker Way, Menlo Park, California 94025, USA
    • Instagram Inc., 1601 Willow Road, Menlo Park, CA, 94025, USA
    • Google Ireland Limited Gordon House, Barrow Street, Dublin, D04 E5W5, Dublin, Ireland
    • Twitter Inc., 1355 Market Street, Suite 900, San Francisco, CA 941 03, USA
    • LinkedIn Ireland Unlimited Company, Wilton Plaza, Wilton Place, Dublin 2, Ireland
    and ProTrainUp Ltd., owner of the ProTrainUp fanpage, are co-administrators of your personal data to the extent of processing for statistical and advertising purposes and includes aggregate data analysis for the purpose of displaying activity statistics of users of the ProTrainUp fanpage. Each of the aforementioned co-administrators, using the technical means provided by the service, decides on the purposes and means of data processing, but to a different extent, so the owner of the fanpage ProTrainUp is responsible, only to the extent of the data processed by him.
14. Information about the requirement/voluntariness of providing personal data
    Your personal data is processed on a voluntary basis, but the consequence of not providing the data will be that you will not be able to view ProTrainUp fanpages or communicate through the available functionalities of these sites, such as comments and private messages.

DATA PROTECTION INSPECTOR

1. A Data Protection Officer has been appointed for ProTrainUp Ltd. in accordance with Article 37(1)(b) of the 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 [General Data Protection Regulation] [OJEU.L.2016.119.1] [hereinafter referred to as "GDPR"]: Mrs. Agnieszka Stelmaczonek.
2. Contact with the Inspector:
   1. electronically, via email address: [email protected];
   2. in writing, to the address: PROTRAINUP sp. z o.o., ul. Katowicka 10, 41-500 Chorzów, with a note: "PROTRAINUP Club Management System".
3. The designated Data Protection Officer can be contacted for questions or comments regarding the processing of personal data and the rights of persons whose personal data is processed by ProTrainUp Ltd. as a Data Controller under the Data Protection Laws.