1) Terms of Service
TERMS OF SERVICE
Who We Are
We are Once as well as our family of affiliated products (collectively referred to herein as "Once", "we", "us" or "our"). We provide internet and mobile app-based services including, the products below:
Once Video Analyser
Once Football PRO
and other solutions and services at www.once.de
Section 1. Privacy:
Section 2. Disclaimer Regarding Medical Advice:
Any specific tests, products, or procedures that may be mentioned on the Once Products are for information purposes only, and Once does not recommend or endorse any of them. You rely on any information provided by Once, its sponsors and advertisers, or other visitors to our Products at your own risk. Once assumes no liability or responsibility either for the contents of any material provided on the products, or for damage or injury to persons or property arising from any use of any product, information, idea, or instruction contained in those materials. Once reserves the right to change or discontinue any aspect or feature of these Products at any time without prior notice.
Section 3. Use of Content and Copyright:
For purposes of these Terms, "Content" means any form of information, data or creative expression and includes, without limitation, video, audio, photographs, images, illustrations, animations, tools, applications and any intellectual property therein, text, ideas, communications, replies, "likes," comments, software, scripts, related code (including but not limited to HTML, other mark-up languages, and all scripts), executable files, graphics, maps, training plans, drills, interactive features, copyrights, trademarks, branding, logos, and other similar assets, patents, sounds, applications and any intellectual property therein, any of which may be generated, provided, or otherwise made accessible on or through the Once Products. All Content on Once Products are the property of Once and/or its affiliates. Material from Once Products may not be copied, reproduced, republished, uploaded, posted, transmitted or distributed in any way. Modification of the materials, or use of the materials for any other purpose is a violation of copyright and other proprietary rights. The use of any such material on any other Website or computer environment is prohibited. "www.Once.de", "Once" and the "Once" logo are trademarks and service marks of Once. All other trademarks, service marks and logos used on the Once Products are the trademarks, service marks or logos of their respective owners. Once has made every effort to secure appropriate licenses and clearances for all proprietary intellectual properties used in the Once Content. You may notify Once of alleged intellectual property rights infringement by contacting Once at:
Ulica grada Vukovara 269d
10 000 Zagreb, Croatia
Section 4. Safety and Disclaimer of Consequential Damages:
THE USE OF Once PRODUCTS AND THE CONTENT IS AT YOUR OWN RISK.
The information on Once Products are presented for the purpose of educating participants on coaching and playing of various sports, and participation in various physical activities. No physical activity should be engaged in without first consulting a physician. Furthermore, Once makes no claims about the safety or appropriateness of any information found on the Products, nor about the results to be obtained from using the Once Products or Content and consequently cannot be liable for any resulting loss, damage or injury. The Once Products and the content are provided on an "as is" basis without any warranties of any kind. Once, its licensors, and its suppliers, to the fullest extent permitted by law, disclaim all warranties, either express or implied, statutory or otherwise, including but not limited to the implied warranties of merchantability, non-infringement of Third-Parties' rights, and fitness for particular purpose. Once, its licensors, and its suppliers make no representations or warranties about the accuracy, reliability, completeness, currentness or timeliness of the content, software, text, graphics, links, or communications provided on or through the use of Once Products. Once makes no warranty that the use of the Products will be uninterrupted, timely, secure or error-free. In no event shall Once, its licensors, its suppliers or any Third-Parties mentioned on Once Products be liable for any damages whatsoever (including, without limitation, incidental and consequential damages, lost profits, or damages resulting from lost data or business interruption) resulting from the use or inability to use the Once Products or the Content thereof, whether based on warranty, contract, tort or any other legal theory, and whether or not Once is advised of the possibility of such damages.
Section 5. Rules of Conduct for Interactive Areas:
Once provides interactive areas ("Interactive Areas") on Once Products. You understand that all information, data, text, software, music, sound, photographs, graphics, video, messages or other materials ("Content"), whether publicly posted or privately transmitted, are the sole responsibility of the person from whom such Content originated. This means that you, not Once, are entirely responsible for all Content that you upload, post, email or otherwise transmit using Once Products. Once does not control the Content posted using the Products and as such does not guarantee the accuracy, integrity or quality of such Content. You understand that by using the Products, you may be exposed to Content that is offensive, indecent or objectionable. Under no circumstance will Once be liable in any way for any Content, including, but not limited to, errors or omissions in any Content, or for any loss or damage of any kind incurred as a result of the use of any Content uploaded, posted, emailed or otherwise transmitted or hosted using the Service. You acknowledge that Once does not pre-screen Content, but that Once shall have the right (but not the obligation) to refuse or move or delete any Content that is posted to any of the Once products, including without limitation any Content that violates the Terms and Conditions of Use or is otherwise objectionable. You agree that you must evaluate, and bear all rights and obligations associated with the use of any Content, including reliance on the accuracy, completeness or usefulness of such Content. You also acknowledge and agree that Once may preserve or remove Content and may disclose Content, including information about your account or your use of the Once Products, to any Third-Party if required to do so by law or in the good faith belief that such preservation, removal or disclosure is necessary to:
(a) comply with legal process;
(b) enforce the Terms and Conditions of use;
(c) respond to claims that any Content violated the rights of Third-Parties; or
(d) protect the rights, property, or personal safety of Once, its employees or agents, or the public.
ANY RELIANCE ON CONTENT POSTED IN AN INTERACTIVE AREA IS AT YOUR OWN RISK.
You agree that it shall be a material breach of these Terms and Conditions if you are engaged in any of the following activities:
(a) uploading, posting, emailing or otherwise transmitting any Content that is, in Once's sole discretion, unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libellous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable;
(b) harming minors in any way;
(c) impersonating any person or entity, including, but not limited to, a Once employee, or falsely stating or otherwise misrepresenting your affiliation with a person or entity;
(d) forging headers or otherwise manipulating identifiers in order to disguise the origin of any Content transmitted through the Service;
(e) adopting of names and addresses for the purpose of cyber squatting;
(f) uploading, posting, emailing or otherwise transmitting any Content that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
(g) uploading, posting, emailing or otherwise transmitting any Content that infringes any patent, trademark, trade secret, copyright, publicity or other proprietary right ("Rights") of any party;
(h) uploading, posting, emailing or otherwise transmitting any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of such solicitation;
(i) uploading, posting, emailing or otherwise transmitting any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
(j) interfering with or disrupting the Site or servers or networks connected to the Site, or disobeying any requirements, procedures, policies or regulations of networks connected to the Site;
(k) intentionally or unintentionally violating any applicable local, provincial, state, national or international law;
(l) "stalking" or otherwise harassing another;
(m) harvesting or otherwise collecting information about others, including email addresses, without their consent; or
(n) engage in any other conduct that restricts or inhibits any other person from using or enjoying the Interactive Areas, or which, in the judgment of Once, exposes Once or any of its customers or suppliers to any liability of any type.
Section 6. Links to Other Sites:
The Once Products contains links to web sites of Third-Parties ("Third-Party Sites"). These links are provided solely as a convenience to you and not as an endorsement by Once of the content on such Third-Party Sites. Once is not responsible for the content of linked Third-Party Sites and does not make any representations regarding the content or accuracy of materials on such Third-Party Sites. If you decide to access Third-Party Sites through links on Once Products, you do so at your own risk. Your use of Third- Party Sites is subject to the Terms and Conditions of use for those sites.
Section 7. Advertisements:
The Once Site contains advertisements by third parties, and these advertisements may contain links to other websites. Unless otherwise specifically stated, Once does not endorse any product or make any representation regarding the content or accuracy of any materials contained in, or linked to, any advertisement on Once Products.
Section 8. Indemnity:
You agree to defend, indemnify and hold Once, its officers, directors, employees, agents, licensors and suppliers, harmless from and against any claims, actions or demands, liabilities and settlements including without limitation, reasonable legal and accounting fees, resulting from, or alleged to result from, your use of the Content, or the Interactive Areas in a manner that violates or is alleged to violate these Terms and Conditions. Once shall provide notice to you promptly of any such claim, suit, or proceeding, and shall reasonably cooperate with you, at your expense, in your defence of any such claim, suit or proceeding.
Section 9. General:
Once is based in Croatia. Access to the Content may not be legal by certain persons or in certain countries. If you access Once Products from outside Croatia, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction. Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable Content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the country in which you reside.
Section 10. Jurisdiction:
You expressly agree that exclusive jurisdiction for any dispute with Once, or in any way relating to your use of Once, resides in the courts of England, and you further agree and expressly consent to the exercise of personal jurisdiction in the courts of Croatia in connection with any such dispute including any claim involving Once or its affiliates, subsidiaries, employees, contractors, officers, directors, telecommunication providers and content providers. These Terms and Conditions are governed by the laws of England, without respect to its conflict of laws principles. If any provision of these Terms and Conditions is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms and Conditions, which shall remain in full force and effect. No waiver of any of these Terms and Conditions shall be deemed a further or continuing waiver of such term or condition or any other term or condition.
Section 11. Complete Agreement:
Except as expressly provided in a particular "legal notice" on Once Products, these terms and conditions constitute the entire agreement between you and Once with respect to the use of Once Products and any content contained therein. The section titles in the Terms and Conditions are for convenience only and have no legal or contractual effect or significance.
Information About Your Personal Data
How We Collect and Use Personal Data
We collect your Personal Data in a number of ways and for various purposes, including:
1. When you register for an account or interact with our Services.
We collect Personal Data when you use or interact with our Services, including when you register with us. During registration, Once asks for your email address, name, surname, phone. While only this information is required to use the Site, the more Personal Data that you provide (and the more accurate it is), the better we are able to customise your experience. This Personal Data may include name, country, phone number, username and password, email address, date of birth, payment information and Location Data. During registration for Teamo, you are required to enter your first name, surname, date of birth, country, phone number, email address, and location data.
"Location Data"means either approximate location or, with your consent, precise location. We use this data to create your account, enable your activity within our Services, and to provide the services generally, including to develop, enhance, and improve our Services and your experience. We also use this data for internal purposes related to certain research, analytics, innovation, testing, monitoring, customer communication, risk management, and administrative purposes.
2. When you give us permission to collect Location Data.
We may collect precise Location Data as part of the functionality of our Services, such as to provide location of sporting venue, location map for navigation, weather information, to determine international calling codes and to conduct analytics to improve the Services. We may collect precise Location Data in several ways, such as through your wireless carrier, based on WiFi access point location, via Bluetooth beacons, through a connected device, or directly from the device on which you use the Services. If you are accessing the Services through one of our mobile applications, the way we collect precise Location Data will differ depending on your mobile device's operating system. In all events, we do not collect precise Location Data, unless you have "allowed" its collection. If you decline to allow Location Data collection in the app, we will not collect your precise Location Data unless you manually enter it in. Location data is collected but not stored and you will always be prompted before your location is used.
3. When you communicate with us or sign up for promotional materials.
We collect Personal Data when you communicate with us or sign up to receive promotional materials or information via email, push notifications, or text messages - including email address, mobile number etc.
By completing the registration process you consent to such messages as part of our service, we may use your Personal Data and other information to communicate with you about the Once Limited products or Services you have purchased or used; provide you with promotional messages and personalised advertising; to notify you of other products; to notify you of other promotions ("Promotions"); to notify you of Services we think may be of interest to you; and, for other marketing purposes. You can manage your Once communication preferences by logging into your account or contacting firstname.lastname@example.org.
You can manage your teamo communication preferences through the unsubscribe links in all emails or by contacting email@example.com
We may use your Personal Data to respond to your requests for technical support, online services, product information or to any other communication you initiate. This includes accessing your account to address technical support requests. We may also use your Personal Data to address your requests, inquiries, and complaints.
4. When you engage with our online communities or advertising.
We may collect your Personal Data when you engage with our online communities. This includes when you click on advertisements, interact with our social media pages, submit content, leave reviews, or otherwise enter information into comment fields, blogs, message boards, events, and other community forums affiliated with Once Limited. Please note that our community forums are public, so we recommend that you exercise care in deciding what information and content you wish to disclose.
5. When you connect with us through social media.
6. When we leverage and/or collect cookies, device IDs, Location, data from the environment, and other tracking technologies.
We may collect certain Personal Data using cookies and other technologies such as web beacons, device IDs, advertising IDs, geolocation, HTML5 local storage, Flash cookies, and IP addresses. We specifically use browser cookies for different purposes, including cookies that are strictly necessary for functionality and cookies that are used for personalisation, performance/analytics, and advertising.
7. When we link you to fellow coaches, players and/or teachers across platforms.
8. When we provide you geographically relevant Services, offers, or advertising.
Where you have provided consent to process your precise Location Data, we may use such data to provide you with Services, offers or advertising that are relevant to your location.
9. When we comply with Legal Requirements or Obligations, Law Enforcement, and for Public Safety Purposes.
10. When you access Third-Party products and services.
11. When you give us permission to collect device data.
12. When you start using some of our products and if we ask you for your data.
How We Disclose Personal Data
1. To Affiliates
With companies or ventures that are owned or controlled by Once Limited, and internally within Once Limited, in order to provide and improve Services, for marketing purposes, and for advertising.
2. To other Users/Once Limited Registered Users.
With other users in the context of specific Services that are social in nature. In these cases, we disclose social data, team data and certain personal data by default because the service being provided is one of social interaction. Additionally, any information you post or disclose in our community forums (for example, Facebook) is public.
3. For Advertising and Marketing.
With advertising and marketing partners for advertising and marketing purposes on Once Limited's behalf and on behalf of Third-Parties, including Facebook, Campaign Monitor, Mailgun and AWeber. In addition, with your consent, we may share your precise Location Data with Third-Parties for on and off platform personalization and curated marketing and advertising purposes.
4. For Certain Analytics and Improvement.
With Google Analytics for analytics and improvement of the Services.
5. For Legal Compliance, Law Enforcement, and Public Safety Purposes.
Legal Basis for Processing
This section addresses the legal basis for processing your data. Some processing is addressed in multiple sections because more than one legal basis may apply depending on the circumstances or service.
1. For Legal Compliance, Law Enforcement, and Public Safety Purposes.
To comply with laws, regulations, court orders, or other legal obligations or to assist in an investigation.
2. For Legitimate Interests
To operate our business and provide the Services, other than in performing our contractual obligations to you for Once's "legitimate interests" for the purposes of applicable law - except where overridden by the interests or fundamental rights and freedoms that require protection of Personal Data.
For example, the following areas include processing covered by Legitimate Interests, subject to applicable law:
Communication: To communicate with you regarding the Services, address your requests, inquiries, and complaints. We may send strictly necessary communications, including emails, even if you have opted out of receiving other Once's emails or communications. These types of communications do not require consent.
Respond to Your Requests: To respond to your requests for technical support, online services, product information or to any other communication you initiate. This includes accessing your account to address technical support requests.
Promotional Messages: We process your non-sensitive Personal Data to provide you with promotional messages and personalised marketing, when you sign up to our services.
Compliance with Law and Public Safety: To assist in the investigation of suspected illegal or wrongful activity, including in-store tracking and sharing information with other entities for fraud, loss, and crime prevention purposes. To protect and defend our rights and property, or the rights or safety of Third-Parties.
Improvement and Development: To develop, provide, enhance, and improve our Services and your experience, including to enable you to use the full range of our Services (e.g. processing of non-sensitive Personal Data; when we collect, use, or otherwise leverage cookies, device IDs, Location Data, data from the environment, and other tracking technologies; when you connect with us through social media; when we collect data from Third-Parties or publicly-available sources; when we aggregate and centralize data; and when we share Personal Data with companies or ventures that are owned or controlled by Once and with our service providers and vendors). For internal purposes related to certain research, analytics, innovation, testing, monitoring, customer communication, and administrative purposes.
Surveys: To send you surveys in connection with our Services.
Consent as a Basis for Processing
In some cases, we will ask for your consent to process your Personal Data. You may indicate your consent in a number of ways, including, as permitted by law, ticking a box (or equivalent action) to indicate your consent when (i) providing us with your Personal Data through our Services (ii) registering or creating an account with us. We may request your consent for a number of activities including:
1. OnceLtd Marketing and Communication.
By agreeing to our Terms of Service you consent to contact you by email about other offers, products, Promotions, or services that we think may be of interest to you and for other marketing purposes. You can manage your Oncecommunication preferences by logging into your account or contacting info@Once.de.
You can manage your Once.de communication preferences through the unsubscribe links in all emails or by contacting firstname.lastname@example.org.
You can manage your teamo communication preferences through the unsubscribe links in all emails or by contacting info@Once.de.
2. Collecting and Sharing Location Data.
We may request your consent to collect your precise Location Data. Our Services may require this data to provide the Services. If you choose not to provide this information, certain Services features may be unavailable or not function properly.
3. Automated Processing.
We may use some automated processing to provide our Services and to make recommendations in the context of specific services. This processing is strictly necessary for providing certain Services (and, in some cases, is the service itself) and is not covered by consent. Other automated processing is not significant either due to the nature of the data or the decisions being made or recommended, and so consent is not required. However, for automated processing that is significant and related to sensitive Personal Data, prior to sharing or using such data, we will first seek your consent.
4. To Enable Social Sharing.
Some of our services consist of social sharing and communication with others. If you sign up for these services, we may ask for your consent to use your information to enable sharing as described in the service.
Interest-based advertising is advertising that is targeted to you based on your web browsing and app usage over time and across websites or apps. Our advertising practices also include the creation and use of "audience segments." You have the option to and to opt-out of receiving interest-based communications. Additional information on Audience Segments and our choices for interest- based advertising is found below.
1. Audience Segments.
We disclose various types of information for purposes of interest-based advertising, including for Third-Party, interest-based advertising. This processing includes the use of Personal Data to create audience segments. The audience segments are based on sport interest, membership, app usage data, website usage data, interaction with Once Limited emails, and similar types of information.
2. Interest-Based Advertising Opt Outs, Choices, and Control.
For all of the interest-based advertising described above, you have the choice to not have your data used to target and serve you interest-based advertising (including Third-Party advertising) regardless of where such ads might be served. You can manage your Once communication preferences by logging into your account or contacting email@example.com
Managing Preferences and Withdrawing Consent
You may at any time withdraw your consent with future effect and without affecting the lawfulness of processing of your Personal Data based on the consent you provided before you withdrew it, and exercise other controls regarding website and online data collection, interest-based advertising, your communication settings, and app preferences. Depending on the Product, collection and use of Personal Data may be required for the Services to work.
We provide you several ways to manage your preferences:
1. Cookie Use and Controls.
Cookies serve a wide variety of purposes. Cookies are pieces of data stored in your web browser that are transmitted to websites to remember your browser over time and distinguish it from other users. You have choices regarding cookies. By modifying your browser preferences, you have the choice to accept all cookies, to be notified when a cookie is set or to reject all cookies. If you choose to reject all cookies, certain functionality on our websites will not work.
One way to think about cookies is based on their function. The following settings will control our use of browser cookies, the use of IP address for tracking, and the collection and use of data for cookie-based, interest-based advertising.
[ IN ] Required Cookies: These strictly necessary cookies are used for core functionality, and recognize when you are signed in, remember things such as shopping carts and text entered, are necessary for security, and enforce your privacy preferences. Without these cookies, some functionality on our websites will fail. You can block these cookies in your browser preferences.
[ IN / OUT ] Functional Cookies: These cookies help to improve the sites by allowing us to understand how the site is used and how the site performs. These cookies include analytics and measurement.
[ IN / OUT ] Advertising Cookies: These cookies help us and other parties personalise ads that are shown to you on our sites and Services, as well as on other sites. If enabled, these cookies will allow Third-Parties engaged in interest-based advertising on our site to recognise your browser software on other sites too.
2. IP Address Use.
3. Web Pixels or Beacons Use.
Pixels are extremely small image files that, when loaded by your web browser, cause the browser to make a network request to the party corresponding to the pixel. If that party's cookies are currently stored in your browser, those cookies will be transmitted with the request. Beacons can be used on web pages for advertising or to confirm the opening of a marketing email. When used in conjunction with cookies for interest-based-advertising, the cookie controls above can be used to control the purpose for which they are used.
4. HTML5 Local Storage.
HTML5 Local Storage in the browser is different from cookies, but can be used for the same purpose (to pair a tracking ID to a particular web server with your web browser so that the web server can identify your web browser over time). You can control the purpose for which HTML5 Local Storage is used by using the cookie controls outlined above.
5. Flash Cookie Use.
Flash cookies are "local shared objects" used by Flash player to store data, similar to cookies. If you have Flash installed, and wish to delete, block, or manage Flash cookies, please use the Flash settings panel made available by Adobe.
6. Manage Your Location Services.
You can also turn off the transmission of precise Location Data by turning off those services using your mobile device's built-in settings. Turning off location may cause some of our Services not to work.
7. Change Consent Settings for Communication Preferences.
Consent for Email Communication: After signing up for email communications, you can choose to unsubscribe using the unsubscribe link in any email we send.
If you use more than one Product, then unsubscribing from the emails relating to that Product will not stop you from receiving emails from other Products. Please note that if you unsubscribe from "all emails" this means "all emails other than strictly necessary emails." You will still receive email communications from us if they are strictly necessary to provide the Sportpan Limited service or to confirm or validate a transaction, recover accounts, etc.
Mobile Push Notifications: As a manager/captain, you can manage the type of push notifications you receive from teamo by modifying the settings within teamo. Click here for more information on how to update your push notification settings for our Services. All players can manage notifications for Chats within the Chat Information page.
You may also set your mobile device settings to not allow push notifications from all Once products.
For purposes of these Terms, an "active account" means interaction with our Products (Websites or applications), emails or ongoing payments for Once Services. We will retain your Personal Data for as long as you maintain an active account. We will also retain your Personal Data as necessary to comply with our legal obligations, resolve disputes, and enforce our agreements.
Where permissible, we will also delete your Personal Data upon your request. If you would like to make a deletion request, or have any questions about our data retention practices, please contact info@Once.de.
We implement appropriate technical and organizational safeguards to protect against unauthorised or unlawful processing of Personal Data and against accidental or unlawful destruction, loss, alteration, unauthorised disclosure of, or access to Personal Data. Please be advised, however, that we cannot fully eliminate security risks associated with the storage and transmission of Personal Data.
Once/ Once.de: Children under the age of 13 should not use Once/Once.de without the consent of their parents/guardians and must not attempt to register with said services and/or submit any personal information to us. Once/Once.de does not knowingly collect personal information from any person who is under the age of 13. If it comes to our attention that we have collected personal data from a person under the age of 13, we will delete this information as quickly as possible. If you have reason to believe that this has occurred, please contact us via info@Once.de, and we will delete any such information. We recommend that children between the ages of 13 and 17 should ask their parents or legal guardians for permission before registering with any Once service.
Teamo: Children under the age of 18 should not use teamo without the consent of their parents/guardians and must not attempt to register with our services and/or submit any personal information to us. Teamo does not knowingly collect personal information from any person who is under the age of 18 without parental consent. If it comes to our attention that we have collected personal data from a person under the age of 18 without parental consent, we will delete this information as quickly as possible. If you have reason to believe that this has occurred, please contact us via info@Once.de, and we will delete any such information.
How to Contact Us
If you have any questions, comments, or concerns about how we handle your Personal Data, then you may contact us through our Support Team or write to us at:
Once sport d.o.o.
Ulica grada Vukovara 269d
10 000 Zagreb, Croatia
or email: firstname.lastname@example.org