Fusion Sport Pty Ltd
76 Neon Street, Sumner
QLD, 4074, Australia
Means to enable Users to store data in, manage, report and/or analyse data or otherwise approach or make use of a Site.
1.2 "Additional Costs"
Means the fees associated with additional SMS messages over your allocated limit and for video and attachment storage and transfer over and above 1GB per month per user.
1.3 "Additional Services"
Means the fees associated with additional Services that you require for your Project including but not limited to customisation of forms, performance standards, data-analysis or training.
means a User that you can nominate to permit new Users to Access your Site, set up access and sharing capabilities between Users and set up the Hierarchical structure of Users within your organisation.
1.5 "Confidential Information"
Means all information exchanged between the parties to this Agreement, whether in writing, electronically or orally, including the Software but does not include information which is, or becomes, publicly available other than through unauthorised disclosure by the other party.
1.6 "Build Fee"
Means the upfront fee (excluding any applicable taxes and duties) payable by you in accordance with Our Pricing Schedule (which may change from time to time), and/or in accordance with any written quotes provided by Us and accepted by You.
Means any Templates, Data, personal data or information inputted by you or Us into your Software Site.
1.8 "Data Protection Laws"
Means the applicable legislation that governs the protection of personal data and the individual's right to privacy with respect to the processing of personal data.
1.9 "Data Controller"
Means a person who determines the purposes for which, and the manner in which, Data and personal information is to be processed or transferred. This may be an individual or an organisation and the processing may be carried out jointly or in common with other persons.
1.10 "Data Processor"
Means any person who obtains, records or holds the Data or carries out any operation or set of operations on Data on behalf of the Data Controller.
Means the Licence Fee, Build Fee, Additional Costs and Additional Services.
1.12 "Intellectual Property Right"
Means any patent, trade mark, service mark, copyright, moral right, right in a design, know-how and any other intellectual or industrial property rights, anywhere in the world whether or not registered.
1.13 "License Fee"
Means the annual licence fee (excluding any applicable taxes and duties) payable by you in accordance with our Pricing Schedule (which may change from time to time), and/or in accordance with any written quotes provided by Us and accepted by You.
1.14 "Our", "We", "Us"
Means Fusion Sport Inc.
1.15 "Pricing Schedule"
Means any pricing material produced by Us detailing the structure and cost of the Fees.
Means the development of a private Site by Us on your behalf, together with the Services to be performed by Us.
Means access to the on-line help manual, the 24/7 fault line, and any additional services requested and accepted by you for an additional cost.
Means your version of the Software available (as may be changed or updated from time to time by Us) via the Site/Website.
means the unique implementation that is developed for each Project which is available via the Internet on the world wide web at an address such as https://my.smartabase.com/Name (project name), https://my.smartabase.co.uk/Name (project name), or a custom installed site which shall be password protected.
Means the structure of the Data that is going to be recorded in your Site. For example, specific fitness tests, questionnaires and training logs.
Means a customer who has been granted a non-transferable licence by the Us to facilitate Access to a Site for a period of twelve (12) months.
Means the Internet site at an address such as https://my.smartabase.com/Name (project name), https://my.smartabase.co.uk/Name (project name), or a custom installed site, or any other site operated by Us.
Means you and includes your employees, consultants, representatives, athletes, coaches and sports professionals.
We provide online and offline Software and Services that allows our customers to develop their own implementation of the Software, or use existing implementation's, to capture, store, analyse, share and understand the Templates and Data that is important to them, for which they have cleared all applicable copyright information, while adhering to all applicable Data Protection Laws.
Once a specific Project has been completed, it is available at a unique Site, and can be accessed on-line using the preferred Web browser (Firefox and Chrome Browsers), or off-line via an installation, by any User who has paid all applicable Licence Fees. Users Personal Data is entered and then stored and retrieved via the Site, using the Amazon S3 Servers in either the United States, European Union, Singapore or Australia, at your discretion.
Each User who requires Access to a specific Site must request a Licence, receive clearance by the business, organisation or sport who requested the project and/or developed the Site, and then pay the Licence Fees. A unique login and password is provided for each User. The User can only access the information on the Site that they have clearance to, and they can only access other Users' Data that they have been given permission to access.
2.1 Fusion Sport is a Registered Data Controller with the Information Commission in the United Kingdom. We act as a Data Processor when we handle data for your team, and we act as a Data Controller when we handle personal data not related to an organisation. We are registered under the UK Data Protection Act, registration number ZA286179.
We store Data that is entered by the Users, or automatically imported at a User's instruction. The Data entered, or imported on instruction, by the Users remains the property of the User and We will not use nor make available for use any of this information without the written permission of the Users.
The data entered, or imported on instruction, by the Users is stored securely in a database and is only accessible to the approved Users within the Organisation.
4.1 Administration and Hierarchical Access: An Administrator of the Project can be selected to have full control over who is given Access to be a User and who has Access to other Users Data and information on the Site. Hierarchical access can be set to ensure there is internal security between Users. For example, an Athlete can only view and enter their own Data, a Coach can enter and view information for User group A, and a Selector or Manager can view information for User group A, B and C.
4.2 Individual Access: Users within each implementation can set up unique personal profiles on some implementations and can choose to share their information and Data with other Users of that Site. Some Site's Users can search for other users, share and receive information, and communicate with other athletes or coaches via Skype or the internal messaging system, post comments about specific events, and provide feedback about the information they are given access to. To ensure each User within a Site can find other Users, We request and displays some personal information to other Users. Some Users can change their personal profile information at any time and control what information other users have access to.
4.3 Data Export: You can export your data out of the software at any time from your Site. Additionally, on request, We can provide a nominated person or Administrator in your organisation with a full export of the data that you or other Users of your Site have entered.
5.2 We have access to and may use aggregate information such as number of associated Users, number of transactions and billing information for the purpose of billing and monitoring server and software performance as well as for other internal purposes.
5.3 We collect User submitted information such as username, name, and email address, to authenticate Users and to send notifications to those Users relating to Our service.
5.4 We also log non-personally-identifiable information including IP address, account information, aggregate User data, and browser type, from Users to the site. This data is used to manage the website, track usage and improve Our services. User IP addresses are recorded for security and monitoring purposes.
5.5 Email addresses may be used for the purposes of informing Users regarding changes in Data and to send notifications related to the Site and/or Service.
5.6 We send billing information, product information, service updates and Site information in line with the provision of the Services to some Users via email. Users can also select to use the Site's capabilities to have instant alerts and messages sent directly to their cell phone.
5.7 In future public versions of the Software, email addresses may be used for the purposes of inviting new friends to join Sites.
5.8 We can access non-identifying and aggregated usage information and transaction volumes in order to better understand how our customers are using the Site so we can improve the system's design.
6.1 On future public implementations of the Software, users will be able to invite friends to join the service by sending invitation emails via our automated invitation system. Their information is not used by Us unless they choose to become a User.
Our users may modify their personal information by logging into their account and editing their account and any profile data they have access to. They can also send a message email@example.com requesting that their information is changed/updated, or to their system Administrator.
9.1 Amazon Storage: Our Sites are intended for Users worldwide. We store Your Data using the Amazon S3 and EC2 services in Australia, the U.S or the UK by mutual agreement. If you are a User accessing Our Site from the European Union, Asia, or, any region with laws or regulations governing personal data collection, use, and disclosure, please be advised that through your continued use of the Websites/Sites you may be choosing to store your Data outside of your specific country and that you are transferring your personal information to said country and that you consent to that transfer.
9.2 Safe Harbour Certified Storage: Amazon.com is a participant in the Safe Harbor program developed by the U.S. Department of Commerce and the European Union. Amazon have certified that they adhere to the Safe Harbor Privacy Principles agreed upon by the U.S. and the E.U. For more information about the Safe Harbor and to view Amazon's certification, visit the U.S. Department of Commerce's Safe Harbor Web site. If you would like to contact Amazon.com directly about the Safe Harbor program, please send an e-mail to firstname.lastname@example.org.
10.1 We warrant and undertake that in so far as applicable to the purposes and subject-matter of the Terms and Services to:
10.1.1 ensure that We Process your Data only to the extent reasonably necessary and for the purposes of providing the Services and in accordance with these Terms;
10.1.2 take reasonable steps to ensure the reliability of the employees, agents and consultants in relation to the handling of Data;
10.1.3 take Appropriate Technical and Organizational Measures to protect the Data against accidental loss, destruction or damage, theft, use and/or disclosure;
10.1.4 not cause or permit such Data to be transferred to or be accessible by any third party (other than employees, agents and consultants appointed and acting in accordance with this clause) without you prior written consent (which may be given or withheld in its absolute discretion).
10.2 We agree and warrant to:
10.2.1 Use the Data for the specific purposes for which it was collected.
10.2.2 Not disclose Data to other parties without the consent of the individual whom it is about, unless authorized by the Data Controller, and/or there is legislation or other overriding legitimate reason to share the information (for example, the prevention or detection of crime).
10.2.3 Provide Users with the right to access the information held about them, subject to certain exceptions (for example, information deemed as classified by the Data Controller).
10.2.4 Keep Personal Data for no longer than is necessary.
10.2.5 Not transmit Personal information outside the European Economic Area unless the individual whom it is about has consented or adequate protection is in place, for example by the use of a prescribed form of contract to govern the transmission of the data.
10.2.6 Provide Users with the right to make changes to wrong information as outlined in 7.0 above.
10.3 We agree and warrant that each User has the right to:
10.3.1 View the data We hold on them, for a small fee. Request that incorrect information be corrected.
10.3.2 Require that data is NOT used in a way which causes damage or distress.
10.3.3 Require that their data is NOT used for direct marketing.
11.1 Secure Socket Layer (SSL) of Protection: We utilise some of the most advanced technology for Internet security available today. When you access our Site's using an Internet Browser such as Firefox and Chrome, a Secure Socket Layer (SSL) system protects your information using both server authentication and data encryption. This means your data is safe, secure, and available only to registered Users in your organisation with a Licence to your Site.
11.2 Data Encryption: We encrypt the information so all data transferred between the Users the Our Servers is kept safe according to industry standards.
11.3 User Restricted Access: We provide each User in your organisation with a unique user name and password that must be entered each time a User logs on to their Site. We take precautions to ensure that User account information is kept private. We use reasonable measures to protect User information that is stored within our database. We restrict access to User information to those employees who need access to perform their job functions, such as our customer service personnel and technical staff.
11.4 User Responsibility: It is the User's responsibility to keep their passwords safe. It is the Administrator's responsibility to ensure that any Users that are invited to use your Project/Organisation's Site have permission to enter and view information stored about them or other Users on your Site. Please note that we cannot guarantee the security of User account information. Your unauthorised entry or use, hardware or software failure, and other factors may compromise the security of User information at any time.
11.5 Acquisition or Merger: In the event that Fusion Sport is acquired by or merged with a third party entity, we reserve the right, in any of these circumstances, to transfer or assign the information we have collected from our Users as part of such merger, acquisition, sale, or other change of control. In the unlikely event of our bankruptcy, insolvency, reorganization, receivership, or assignment for the benefit of creditors, or the application of laws or equitable principles affecting creditors' rights generally, we may not be able to control how your personal information is treated, transferred, or used. In the aforementioned circumstances, we will treat your Data according to our Data Protection and Privacy Policies. In the unlikely event that bankruptcy, insolvency, reorganization, receivership, or assignment for the benefit of creditors occurs, we will notify you so that you can request what happens to your Data.
The Organisation's data may be permanently deleted by Us 90 days after the Organisation stops paying to use the Site, or at their request (see Clause 17.7 of the Terms)