Privacy Policy - Simply Compete Inc.

SIMPLY COMPETE INC. PRIVACY POLICY

Last modified: October 20, 2024

We at Simply Compete Inc. (“SC” or “Simply Compete”) and our Affiliates are committed to protecting your privacy. SC provides an online Software as a Service (“Service”) to a sports organization, event organizing committee, sports club, sports team, or other similar entity (“Organization” or “Your Organization”) the ability to manage its members and/or customers and/or stakeholders who may be athletes, coaches, officials, referees, parents, volunteers, and any other individuals or organizations that are associated with them (“Members”). This Privacy Policy applies to the information and data collected by SC when you interact with us on our website or through other channels (for example, through Your Organization). This Privacy Policy describes how we collect, receive, use, store, share, transfer, and process your Personal Data. It also describes your choices and rights with respect to your Personal Data. If you do not agree with this Privacy Policy, you should not use our website or the Service.

The Service is intended for use by Your Organization in accordance with their instructions and is provided to you by Your Organization that has authorized your access to, and use of, the Service.

The Service is separate from other SC services that you may use now or in the future. Those other SC services are provided to you or will be provided to you in the future by SC and are governed by their own terms. However, the Service is provided by Your Organization and is governed by this Privacy Policy.

Your Organization is responsible for and administers your SC user account (“Your Account”). Your Organization is also responsible for the collection and use of any data that you submit or provide through the Service and such use is governed by the terms Your Organization has in place with SC.

In addition to this privacy statement, Your Organization may have additional policies or codes of conduct which will apply in relation to your use of the Service.

If you have any questions about your use of the Service, please contact your Organization.

1. WHAT KIND OF INFORMATION IS COLLECTED?

Your contact information, such as full name and email address;
Your username and password;
Your profile picture;
Other documents you may upload such as passport, birth certificate, sports performance related certificates, coaching certificates;
Your role (athlete, coach, official, doctor, physiotherapist, and others as they pertain to Your Organization);
Other information related to your interaction with Your Organization;
The content, communications and other information you provide when you use the Service, including when you sign up for an account, register for a license, pay for the license, register for events, submit your travel and accommodation details, register for sports clubs, classes, courses;
Competition performance results;
Content, communications and information that other people provide when they use the Service. This can include information about you, such as when event organizers upload event results for events that you participated in, athlete rankings that get calculated and posted up periodically that may include your sport-specific international, national, regional, and/or local rankings;
All communications with other users of the Service;
User communications, feedback, suggestions, and ideas sent to Your Organization;
Billing information; and
Information that you provide when you or Your Organization contact or engage platform support regarding the Service.

2. HOW DOES YOUR ORGANIZATION USE THIS INFORMATION?

Your organization will share the information that it collects with SC, as provider of the platform, in order to allow SC to provide and support the Service for Your Organization and other users and in accordance with any other instructions from your Organization. Examples of such use include:

Communicating with users and administrators regarding their use of the Service;
Enhancing the security and safety of the Service of Your Organization and other users, such as by investigating suspicious activity or violations of applicable terms or policies;
Personalizing your and Your Organization’s experiences;
Developing new tools, products or services within the Service for Your Organization;
Associating activity on the Service across different devices operated by the same individual to improve the overall operation of the Service;
To identify and fix bugs that may be present; and
Conducting data and system analytics, including research to improve the Service.

3. DATA SUBJECT RIGHTS

To the extent required by the applicable law (including the EU or UK GDPR, the California Consumer Privacy Act (CCPA) / California Privacy Rights Act (CPRA), the Virginia Consumer Data Protection Act (VCDPA), or the Colorado Privacy Act (CPA)), you may have below rights. Before you exercise below rights, you may consult your legal counsel if the laws of your jurisdiction stipulate below rights. We acknowledge that these rights cover a right of access by EU and/or Swiss individuals.

Rights	Content
The right to be informed	The User has the right to be provided with clear, transparent and easily understandable information about how Simply Compete collects and uses personal data and its rights. This is the reason why Simply Compete is providing the User with the information in this privacy policy.
The right of access	The User has the right to obtain access to its personal data (if Simply Compete is processing it), and other certain information (similar to that provided in this privacy policy).
The right to rectification	The User is entitled to have its personal data corrected if it’s inaccurate or incomplete.
The right to erasure	This ‘the right to be forgotten’ enables the User to request the deletion or removal of its personal data where there’s no compelling reason for Simply Compete to keep using it. This is not a general right to erasure; there are exceptions.
The right to restrict processing	Under certain circumstances, the User has the rights to ‘block’ or suppress further use of its personal data.
The right to portability	The User has the rights to receive its personal data provided to Simply Compete in a structured, commonly used and machine readable format and has the right to transmit those data to another controller.
The right to object to processing	The User has the right to object, on grounds relating to its particular situation, at any time, to the processing of its personal data.
The right to lodge a complaint	The User has the right to lodge a complaint about the way Simply Compete handles or processes its personal data with its national supervisory authority (in France, the CNIL).
The right to withdraw consent	If the user has given its consent for a specific processing of its personal data implemented by Simply Compete, the User has the right to withdraw its consent at any time. In case the User does so, it does not mean that anything Simply Compete has done with the User’s personal data with its consent up to that point is unlawful).
The right to define instructions	The User has the right to define general or specific instructions regarding storage, deletion and use of its personal data after death.

4. DISCLOSURE OF INFORMATION

Your Organization discloses the information collected in the following ways:

To third-party service providers that assist in providing the Service or part of the Service;
To third-party apps, websites or other services that you can connect to through the Service;
In connection with a substantial corporate transaction, such as the transfer of the Service, a merger, consolidation, asset sale or in the unlikely event of bankruptcy or insolvency;
To protect the safety of any person, to address fraud, security, or technical issues; and
In connection with a subpoena, warrant, discovery order, or other request or order from a law enforcement agency.

5. ACCESSING AND MODIFYING YOUR INFORMATION

You and Your Organization may access, correct or delete information that you have uploaded to the Service using the tools within the Service (for example, editing your profile information, or via the event registration tool). If you are not able to do so using the tools provided in the Service, you should contact Your Organization directly to access or modify your information.

6. PROTECTION OF PERSONAL DATA

We have taken adequate technical and organizational measures to protect your personal data in the best possible way against loss, unauthorized access, disclosure, change and misuse.

7. LIMITING DATA USAGE

Simply Compete Inc. operates as a data processor under the strict direction of Your Organization who is the data controller in how we process / store / display your data. If you would like to opt-out / opt-in of certain processing or display of your data, please contact Your Organization.

8. RETENTION TERM

We retain your personal data no longer than is necessary for the purpose for which we have collected the personal data, or in correspondence with an applicable statutory retention term. You may at all times request the removal of your personal data. If the request for removal is permitted, your personal data will be removed without delay.

9. INTERNATIONAL TRANSFERS WITHIN THE SIMPLY COMPETE GROUP

To facilitate our global operations, we may transfer information to other SC Affiliates where we have operations for the purposes described in this policy. Please see the Data Processing Agreement for a list of SC Affiliates and their locations

This Privacy Policy will apply even if we transfer Personal Data to other countries. We have taken appropriate safeguards to require that your Personal Data will remain protected wherever it is transferred. When we share Personal Data of individuals in the European Economic Area ("EEA"), Switzerland or the United Kingdom ("UK") within and among SC’s Affiliates, we make use of the Standard Contractual Clauses (which have been approved by the European Commission) as well as additional safeguards where appropriate (such as commercial industry standard secure encryption methods to protect customer data at rest and in transit, TLS for SC hosted sites, web application firewall protection, and other appropriate contractual and organizational measures), for more information please see here.

10. THIRD-PARTIES

Some of the third parties described in this Privacy Policy, which provide services to us under contract, are based in other countries that may not have equivalent privacy and data protection laws to the country in which you reside. When we share Personal Data of individuals in the EEA, Switzerland or UK with third parties, we make use of a variety of legal mechanisms to safeguard the transfer including the European Commission-approved standard contractual clauses, as well as additional safeguards where appropriate. For transfers to or from the United Kingdom, we make use of the standard contractual clauses as adapted for the UK. For transfers to or from Canada, we make use of the standard contractual clauses. With respect to personal data received from or transferred to Canada, SC is subject to the regulatory enforcement powers of the Office of the Privacy Commissioner of Canada. Please contact us if you need more information about the legal mechanisms we rely on to transfer personal data outside the EEA, Switzerland, Canada, and UK.

You should refer to Your Organization’s Privacy Policy on information regarding the third parties they may transfer your data to and whether they provide any opt-in and opt-out choices to you.

11. CHILDREN’S PRIVACY

This Service is intended for a general audience. It does not knowingly collect, use, or disclose personal information from children under the age of 13 in the United States or under 16 in the European Union. If you are under 13 years of age in the United States, or under the age of 16 years in the European Union, please do not submit any personal information through the Service without the express consent and participation of a parent or guardian. If you are a parent or guardian and believe your child under 13 in the United States or under 16 in the European Union has provided us with personal information without consent, please contact us at privacy@simplycompete.net.

12. ACCOUNT CLOSURE

If you would like to stop using the Service, you should contact your Organization. Similarly, if you stop work associating with Your Organization, Your Organization may suspend Your Account and/or delete any information associated with Your Account.

It typically takes about 90 days to delete an account after account closure, but some information may remain in backup copies for a reasonable period of time. Please note that content you create and share on the Service is owned by Your Organization and may remain on the Service and be accessible even if Your Organization deactivates or terminates Your Account.

13. GDPR RECOURSE FOR EU INDIVIDUALS

If you are an EU individual with questions or concerns regarding the handling of your personal data pursuant to GDPR regulations, we encourage you to contact Simply Compete at: privacy@simplycompete.net

You also have the right to contact your local Data Protection Authority. For more information on this option and to locate your DPA go to: https://www.edpb.europa.eu/about-edpb/about-edpb/members_en

14. DATA PRIVACY FRAMEWORK FOR EU, UK, AND SWISS INDIVIDUALS WHOSE DATA IS TRANSFERRED TO THE US

Simply Compete Inc. complies with the EU-U.S. Data Privacy Framework (EU-U.S. DPF) and the UK Extension to the EU-U.S. DPF, and the Swiss-U.S. Data Privacy Framework (Swiss-U.S. DPF) as set forth by the U.S. Department of Commerce. Simply Compete Inc. has certified to the U.S. Department of Commerce that it adheres to the EU-U.S. Data Privacy Framework Principles (EU-U.S. DPF Principles) with regard to the processing of personal data received from the European Union and the United Kingdom in reliance on the EU-U.S. DPF and the UK Extension to the EU-U.S. DPF. Simply Compete Inc. has certified to the U.S. Department of Commerce that it adheres to the Swiss-U.S. Data Privacy Framework Principles (Swiss-U.S. DPF Principles) with regard to the processing of personal data received from Switzerland in reliance on the Swiss-U.S. DPF. If there is any conflict between the terms in this privacy policy and the EU-U.S. DPF Principles and/or the Swiss-U.S. DPF Principles, the Principles shall govern. To learn more about the Data Privacy Framework (DPF) Program, and to view our certification, please visit https://www.dataprivacyframework.gov

Pursuant to the Data Privacy Framework you have the right to access your personal data. Please refer to the “Accessing and Modifying Your Information” section of this privacy policy for details on how to exercise this right.

Since Simply Compete Inc. does not plan to transfer personal information to third parties, the Data Privacy Framework provision regarding liability for the actions of agent processors does not apply. If this practice should change in the future we will update this policy to identify the third parties and provide individuals with opt-out or opt-in choice, as applicable. If we change this policy in the future, we shall remain liable under the Data Privacy Framework Principles if its agent processes such personal information in a manner inconsistent with the Principles, unless the organization proves that it is not responsible for the event giving rise to the damage.

Note that Simply Compete Inc. may be required to release EU and Swiss personal data in response to lawful requests by public authorities including to meet national security and law enforcement requirements.

15. INDEPENDENT RECOURSE MECHANISM

In compliance with the EU-U.S. Data Privacy Framework (EU-U.S. DPF), the UK Extension to the EU-U.S. DPF, and the Swiss-U.S. Data Privacy Framework (Swiss-U.S. DPF), Simply Compete Inc. commits to resolve complaints about our collection or use of your personal information transferred to the U.S. pursuant to the EU-U.S. DPF, the UK extension to the EU-U.S. DPF, and the Swiss-U.S. DPF. EU, UK, and Swiss individuals with inquiries or complaints should first contact Simply Compete Inc. at: privacy@simplycompete.net.

In compliance with the EU-U.S. DPF and the UK Extension to the EU-U.S. DPF and the Swiss-U.S. DPF, Simply Compete Inc. commits to resolve DPF Principles-related complaints about our collection and use of your personal information. EU and UK individuals and Swiss individuals with inquiries or complaints regarding our handling of personal data received in reliance on the EU-U.S. DPF and the UK Extension to the EU-U.S. DPF, and the Swiss-U.S. DPF should first contact Simply Compete Inc. at: privacy@simplycompete.net.

In compliance with the EU-U.S. DPF and the UK Extension to the EU-U.S. DPF and the Swiss-U.S. DPF, Simply Compete Inc. commits to refer unresolved complaints concerning our handling of personal data received in reliance on the EU-U.S. DPF and the UK Extension to the EU-U.S. DPF and the Swiss-U.S. DPF to BBB NATIONAL PROGRAMS, an alternative dispute resolution provider based in the United States. If you do not receive timely acknowledgment of your DPF Principles-related complaint from us, or if we have not addressed your DPF Principles-related complaint to your satisfaction, please visit https://bbbprograms.org/programs/all-programs/dpf-consumers for more information or to file a complaint. The services of BBB NATIONAL PROGRAMS are provided at no cost to you.

If your DPF complaint cannot be resolved through the above channels, under certain conditions, you may invoke binding arbitration for some residual claims not resolved by other redress mechanisms. See https://www.dataprivacyframework.gov/framework-article/ANNEX-I-introduction.

The Federal Trade Commission has jurisdiction over Simply Compete Inc.’s compliance with the EU-U.S. Data Privacy Framework (EU-U.S. DPF) and the UK Extension to the EU-U.S. DPF, and the Swiss-U.S. Data Privacy Framework (Swiss-U.S. DPF).

16. U.S. State Data Privacy

This Privacy Policy describes the categories of personal information we may collect and the sources of such information (section 1) and our retention policy (section 8)

17. CHANGES TO THE PRIVACY POLICY

Occasionally, we may change this privacy policy (or other documents related to privacy policy) to allow Simply Compete to use or share your personal data in a different way. If we do, the links to the policy on our websites (which are generally found in the footer of the website) will indicate that the policy has been changed. For new users, the change will become effective upon posting. For existing users, if the change is significant, it will become effective 30 days after posting. We encourage you to periodically review the privacy policy for the latest information on our privacy practices.