Welcome, and thank you for your interest in Football Made Easy (“FME”, “we,” or “us”), our web site at http://www.footballmadeeasy.com.au, and all related web sites, downloadable software, mobile applications (including tablet applications), and other services provided by us and on which a link to this Terms of Use is displayed, and all other communications with individuals though from written or oral means, such as email or phone (collectively, together with the Site, our “Service”).
This Terms of Service page describes the information that we gather on or through the Service, how we use and disclose such information, and the steps we take to protect such information. By visiting the Site, or by purchasing or using the Service, you accept the terms of service described on this page.
"user" means a customer of Football Made Easy. If a User is created
by another User, he/she becomes a User in this sense if he/she gets a
license type that can log on. The “Basic Player” license type is
considered User Data.
"User Data" means personal
data, practices, games, tests, templates, reports, addresses, and other
files, folders or documents in electronic form that a User of the
Service stores within the Service.
“Personal Data”
means any information relating to an identified or identifiable natural
person.
“Public Area” means the area of the Site that
can be accessed both by Users and Visitors, without needing to log in.
This mainly refers to the www.footballmadeeasy.com.au web.
“Restricted Area”
means the area of the Site and software that can be used only by Users,
and where access requires logging in.
“user” means an
employee, agent, or representative of a customer of FME, who primarily
uses the restricted areas of the Site for the purpose of accessing the
Service in such capacity.
“Visitor” means an
individual other than a User, who uses the public area, but has no
access to the restricted areas of the Site or Service.
We collect different types of information from or through the Service. The legal bases for FME’s processing of personal data are primarily that the processing is necessary for providing the Service in accordance with FME’s Terms of Service and that the processing is carried out in FME’s legitimate interests, which are further explained in the section “How We Use the Information We Collect” of this Policy. We may also process data upon your consent, asking for it as appropriate.
We use the information that we collect in a variety of ways in providing
the Service and operating our business, including the following:
3.1 Operations
We use the information – other than User Data - to operate, maintain,
enhance and provide all features of the Service, to provide the services
and information that you request, to respond to comments and questions
and to provide support to users of the Service. We process User Data
solely in accordance with the directions provided by the applicable
User.
3.2 Improvements
We use the information to understand and analyze the usage trends and
preferences of our Visitors and Users, to improve the Service, and to
develop new products, services, feature, and functionality. Should this
purpose require Sideline to process User Data, then the data will only
be used in anonymized or aggregated form.
3.3
Communications
We may use a Visitor’s or User’s email address or other information –
other than User Data – to contact that Visitor or User (i) for
administrative purposes such as customer service, to address
intellectual property infringement, right of privacy violations or
defamation issues related to the User Data or Personal Data posted on
the Service or (ii) with updates on promotions and events, relating to
products and services offered by us and by third parties we work with.
You have the ability to opt-out of receiving any promotional
communications as described below under “Your Choices.”
3.4
Cookies and Tracking Technologies
We use automatically collected information and other information
collected on the Service through cookies and similar technologies to:
(i) personalize our Service, such as remembering a User’s or Visitor’s
information so that the User or Visitor will not have to re-enter it
during a visit or on subsequent visits; (ii) provide customized
advertisements, content, and information; (iii) monitor and analyze the
effectiveness of Service and third-party marketing activities; (iv)
monitor aggregate site usage metrics such as total number of visitors
and pages viewed; and (v) track your entries, submissions, and status in
any promotions or other activities on the Service. You can obtain more
information about cookies by visiting http://www.allaboutcookies.org.
3.5 Analytics
We use Google Analytics to measure and evaluate access to and traffic on
the Public Area of the Site, and create user navigation reports for our
Site administrators. Google operates independently from us and has its
own privacy policy, which we strongly suggest you review. Google may use
the information collected through Google Analytics to evaluate Users'
and Visitors’ activity on our Site. For more information, see Google
Analytics Privacy and Data Sharing. We take measures to protect the
technical information collected by our use of Google Analytics. The data
collected will only be used on a need to know basis to resolve technical
issues, administer the Site and identify visitor preferences; but in
this case, the data will be in non-identifiable form. We do not use any
of this information to identify Visitors or Users.
Except as described in this Policy, we will not intentionally disclose
the Personal Data or Client Data that we collect or store on the Service
to third parties without the consent of the applicable Visitor, User or
Client. We may disclose information to third parties if you consent to
us doing so, as well as in the following circumstances:\
4.1
Unrestricted Information
Any information that you voluntarily choose to include in a Public Area
of the Service, such as a public profile page, will be available to any
Visitor or User who has access to that content.
4.2 Service
Providers
We work with third party service providers who provide website,
application development, hosting, maintenance, and other services for
us. These third parties may have access to, or process Personal Data or
User Data as part of providing those services for us. We limit the
information provided to these service providers to that which is
reasonably necessary for them to perform their functions, and our
contracts with them require them to maintain the confidentiality of such
information.
4.3 Non Personally Identifiable Information
We
may make certain automatically-collected, aggregated, or otherwise
non-personally-identifiable information available to third parties for
various purposes, including (i) compliance with various reporting
obligations; (ii) for business or marketing purposes; or (iii) to assist
such parties in understanding our Clients’, Users’ and Visitors’
interests, habits, and usage patterns for certain programs, content,
services, and/or functionality available through the Service. Law
Enforcement, Legal Process and Compliance We may disclose Personal Data
or other information if required to do so by law or in the good-faith
belief that such action is necessary to comply with applicable laws, in
response to a facially valid court order, judicial or other government
subpoena or warrant, or to otherwise cooperate with law enforcement or
other governmental agencies. We also reserve the right to disclose
Personal Data or other information that we believe, in good faith, is
appropriate or necessary to (i) take precautions against liability, (ii)
protect ourselves or others from fraudulent, abusive, or unlawful uses
or activity, (iii) investigate and defend ourselves against any
third-party claims or allegations, (iv) protect the security or
integrity of the Service and any facilities or equipment used to make
the Service available, or (v) protect our property or other legal
rights, enforce our contracts, or protect the rights, property, or
safety of others.
4.4 Change of Ownership
Information about Users and Visitors, including Personal Data, may be
disclosed and otherwise transferred to an acquirer, successor or
assignee as part of any merger, acquisition, debt financing, sale of
assets, or similar transaction, as well as in the event of an
insolvency, bankruptcy, or receivership in which information is
transferred to one or more third parties as one of our business assets
and only if the recipient of the User or Visitor Data commits to a
Privacy Policy that has terms substantially consistent with this Privacy
Policy. User Data may be physically or electronically transferred to an
acquirer, or successor or assignee as part of any merger, acquisition,
debt financing, sale of assets, or similar transaction, as well as in
the event of an insolvency, bankruptcy, or receivership in which
information is transferred to one or more third parties as one of our
business assets, for the sole purpose of continuing the operation of the
Service, and only if the recipient of the User Data commits to a Privacy
Policy that has terms substantially consistent with this Privacy Policy.
5.1 Access, Correction, Deletion
We respect your privacy rights and provide you with reasonable access to
the Personal Data that you may have provided through your use of the
Services. If you wish to access or amend any other Personal Data we hold
about you, or to request that we delete or transfer any information
about you that we have obtained from an Integrated Service, you may
contact us as set forth in the “How to Contact Us” section. At your
request, we will have any reference to you deleted or blocked in our
database. You may update, correct, or delete your Account information
and preferences at any time by accessing your Profile settings tab in
the desktop software and, to some extent, in your Profile section in the
apps. Please note that while any changes you make will be reflected in
active user databases instantly or within a reasonable period of time,
we may retain all information you submit for backups, archiving,
prevention of fraud and abuse, analytics, satisfaction of legal
obligations, or where we otherwise reasonably believe that we have a
legitimate reason to do so. You may decline to share certain Personal
Data with us, in which case we may not be able to provide to you some of
the features and functionality of the Service. At any time, you may
object to the processing of your Personal Data, on legitimate grounds,
except if otherwise permitted by applicable law. If you believe your
right to privacy granted by applicable data protection laws has been
infringed upon, please contact FME’s Data Protection Officer at
jack@footballmadeeasy.com.au . You also have a right to lodge a complaint
with data protection authorities. This provision does not apply to
Personal Data that is part of User Data. In this case, the management of
the User Data is subject to the User’s own Privacy Policy, and any
request for access, correction or deletion should be made to the User
responsible for the uploading and storage of such data into the Service.
5.2 Navigation Information
You may opt out from the
collection of navigation information about your visit to the Site by
Google Analytics by using Google Analytics Opt-out feature.
5.3 Opting out from Commercial Communications
If you receive commercial emails from us, you may unsubscribe at any
time by following the instructions contained within the email or by
sending an email to the address provided in the “How to Contact Us”
section. Users are able to view and modify settings relating to
promotional communications that they receive from us by accessing the
Privacy tab in the SETTINGS of the desktop program. Please be aware that
if you opt-out of receiving commercial email from us or otherwise modify
the nature or frequency of promotional communications you receive from
us, it may take up to ten (10) business days for us to process your
request. Additionally, even after you opt-out from receiving commercial
messages from us, you will continue to receive administrative messages
from us regarding the Service. FME has no direct relationship with the
User’s customers or third party whose Personal Data it may process on
behalf of a User unless they have been created with a license that
allows them to log on. An individual (for example, an athlete that is
being profiled by a trainer) who seeks access, or who seeks to correct,
amend, delete inaccurate data or withdraw consent for further contact
should direct his or her query to the User they deal with directly. If
the User requests FME to remove the data, we will respond to its request
within thirty (30) days. We will delete, amend or block access to any
Personal Data that we are storing only if we receive a written request
to do so from the User who is responsible for such Personal Data, unless
we have a legal right to retain such Personal Data. We reserve the right
to retain a copy of such data for archiving purposes, or to defend our
rights in litigation. Any such request regarding User Data should be
addressed as indicated in the “How to Contact Us” section, and include
sufficient information for FME to identify the User or its customer or
third party and the information to delete or amend.
The Service may contain features or links to web sites and services provided by third parties. Any information you provide on third-party sites or services is provided directly to the operators of such services and is subject to those operators’ policies, if any, governing privacy and security, even if accessed through the Service. We are not responsible for the content or privacy and security practices and policies of third-party sites or services to which links or access are provided through the Service. We encourage you to learn about third parties’ privacy and security policies before providing them with information.
We will not share any Personal Data with third-parties for their direct marketing purposes to the extent prohibited by law. If our practices change, we will do so in accordance with applicable laws and will notify you in advance.
Interest based advertising is the collection of data from different
sources and across different platforms in order to predict an
individual’s preferences or interest and to deliver to that individual,
or his/her computer, smart phone or tablet, advertising based on his/her
assumed preference or interest inferred from the collection of data
pertaining to that individual or others who may have a similar profile
or similar interests. We work with a variety of third parties to attempt
to understand the profiles of the individuals who are most likely to be
interested in the Sideline products or services so that we can send them
promotional emails, or serve our advertisements to them on the websites
and mobile apps of other entities. These third parties include: (a)
advertising networks, which collect information about a person’s
interests when that person views or interacts with one of their
advertisements; (2) attribution partners, which measure the
effectiveness of certain advertisements; and (3) business partners,
which collect information when a person views or interacts with one of
their advertisements. In collaboration with these third parties, we
collect information about our customers, prospects and other individuals
over time and across different platforms when they use these platforms
or interact with them. Individuals may submit information directly on
our Sites or on platforms run by third parties, or by interacting with
us, our advertisements, or emails they receive from us or from third
parties. We may use special tools that are commonly used for this
purpose, such as cookies, beacons, pixels, tags, mobile advertising IDs,
flash cookies, and similar technologies. We may have access to databases
of information collected by our business partners. The information we or
third party collect enables us to learn what purchases the person made,
what ads or content the person sees, on which ads or links the person
clicks, and other actions that the person takes on our Sites, or in
response to our emails, or when visiting or using third parties’
platforms. We, or the third parties with which we work, use the
information collected as described above to understand the various
activities and behaviors of our customers, Site visitors and others. We,
or these third parties, do this for many reasons, including: to
recognize new or past visitors to our Sites; to present more
personalized content; to provide more useful and relevant ads - for
example, if we know what ads you are shown we can try not to show you
the same ones repeatedly; to identify visitors across devices, sales
channels, third party websites and Sites, or to display or send
personalized or targeted ads and other custom content that is more
focused on a person’s perceived interest in products or services similar
to those that we offer. Our interest-based ads may be served to you in
emails or on third-party platforms. We may serve these ads about our
products or services or send commercial communications directly
ourselves or through these third parties.
Visitors may opt out of receiving interest based advertising
by advertising networks that may be delivered to them on our platform
and other websites by visiting the following websites:
http://www.aboutads.info/consumers and
http://www.networkadvertising.org. These features will opt
a Visitor out of many – but not all - of the interest-based advertising
activities in which we or third parties engage.
Some browsers have incorporated “Do Not Track” features. Most of these
features, when turned on, send a signal or preference to the website or
online service that a user visits, indicating that the user does not
wish to be tracked. Because there is not yet a common understanding of
how to interpret Do Not Track signals, we do not currently respond to Do
Not Track signal. We continue to work with the online industry to define
a common understanding of how to treat Do Not Track signals. In the
meantime, you may opt out of receiving interest based advertising from
advertising networks that may be delivered on our platform and other
websites by visiting the following websites. If you want to opt out of
this online behavioural advertising, visit the following sites:
http://www.aboutads.info/consumers and
http://www.networkadvertising.org.
This will opt you
out of many – but not all - of the interest-based advertising activities
in which we or third parties engage. Choices you make may be browser and
device specific. If you delete your cookies or use a different browser
or a different computer or device, you may need to update your opt-out
choices. Other third-party Sites provide visitors with the ability to
opt-out of receiving interest-based ads on their Sites that you need to
control through your settings on that Site. For example, to opt out of
Google’s use of your online behavior for advertising purposes, visit
Google’s Ad Settings page.
We allow third parties with which we have a separate agreement to use
cookies and other technologies to collect information about your use of
the Site. These third parties include (1) business partners, which
collect information when you view or interact with one of their
advertisements on the Site; and (2) advertising networks, which collect
information about your interests when you view or interact with one of
their advertisements. The information gathered by these third parties is
used to make predictions about your interests or preferences so that
they can display advertisements or promotional material on this Site and
on other sites across the Internet tailored to your apparent interests.
The business partners and advertising networks that serve interest-based
advertisements on the Services have limited access to a small amount of
information about your profile and your device, which is necessary to
serve you advertisements that are tailored to your apparent interests.
It is possible that they may reuse this small amount of information on
other sites or services. We do not share with these third parties any
information that would readily identify you (such as email address);
however, these third parties may have access to information about your
device (such as IP or MAC address). We do not have access to, or control
over, the technologies that these third parties may use to collect
information about your interests, and the information practices of these
third parties are not covered by this Privacy Notice. Other than as
discussed in this document, we have no control over these third parties.
10.1 The Following Types of Cookies Are Used in the Site:
10.1.1 strictly necessary/essential cookies - These cookies are
essential in order to enable you to move around the website and use its
features, such as accessing secure areas of the website. Without these
cookies services you have asked for cannot be provided. These cookies
don’t collect information that identifies a visitor.
10.1.2
performance cookies - These cookies collect information about how
visitors use a website, for instance which pages visitors go to most
often, and if they get error messages from web pages. These cookies
don’t collect information that identifies a visitor. All information
these cookies collect is aggregated and therefore anonymous. It is only
used to improve how a website works.
10.1.3 functionality cookies
- These cookies allow the website to remember choices you make (such as
your user name, language or the region you are in) and provide enhanced,
more personal features. For instance, a website may be able to provide
you with local weather reports or traffic news by storing in a cookie
the region in which you are currently located. These cookies can also be
used to remember changes you have made to text size, fonts and other
parts of web pages that you can customise. They may also be used to
provide services you have asked for such as watching a video or
commenting on a blog. The information these cookies collect may be
anonymised and they cannot track your browsing activity on other
websites.
10.1.4 behaviourally targeted advertising cookies -
These cookies are used to deliver adverts more relevant to you and your
interests They are also used to limit the number of times you see an
advertisement as well as help measure the effectiveness of the
advertising campaigns. They are usually placed by advertising networks
with the website operator’s permission. They remember that you have
visited a website and this information is shared with other
organisations such as advertisers. Quite often targeting or advertising
cookies will be linked to site functionality provided by the other
organisation.
10.2 The Following Cookies are Used on the
Sites: You can set your browser to refuse all or some browser cookies,
or to alert you when websites set or access cookies. If you disable or
refuse cookies, please note that some parts of our website may become
inaccessible or not function properly. If you wish to disable cookies
you will need to change your website browser settings to reject cookies.
How you can do this will depend on the browser you use. Further details
on how to disable cookies for the most popular browsers are set out
below: -
For Microsoft Internet Explorer:
(a) Choose the menu “tools”
then “Internet Options”
(b) Click on the “privacy” tab
(c)
Select the setting the appropriate setting -
For Google
Chrome:
(a) Choose Settings> Advanced
(b) Under "Privacy and
security," click “Content settings”.
(c) Click “Cookies” -
For Safari:
(a) Choose Preferences > Privacy
(b)
Click on “Remove all Website Data” -
For Mozilla Firefox:
(a) Choose the menu “tools” then “Options”
(b) Click on the
icon “privacy”
(c) Find the menu “cookie” and select the relevant
options Our cookies are provided by third parties, such as Google Inc.,
and are subject to their privacy policies. For more information about
their privacy policies, please visit their respective websites. The
information these third parties collect may be transferred to, and
stored at, a location outside Australia. By accepting cookies, you agree
to this transfer, storing or processing of your personal information.
The main purpose for which cookies are used is technical purposes
essential to the effective operation of our website, particularly in
relation to site navigation.
We use the following cookies on our
website: -
Cookies =
_gid = GA1.3.0000000000.0000000000
_gat = 1
_ga = GA1.3.0000000000.0000000000
Protecting the privacy of young children is especially important. Our Service is not directed to children under the age of 16, and we do not knowingly collect Personal Data from children under the age of 16 without obtaining parental consent. If you are under 16 years of age, then please do not use or access the Service at any time without a permission from a custodian. If you are a parent or guardian and discover that your child under 16 years of age has obtained an Account on the Service, then you may alert us at jack@footballmadeeasy.com.au and request that we delete that child’s Personal Data from our systems. The Service is not intended to be used by minors, and is not intended to be used to post content to share publicly or with friends. To the extent that a minor has posted such content on the Service, the minor has the right to have this content deleted or removed using the deletion or removal options detailed in this Privacy Policy. If you have any question regarding this topic, please contact us as indicated in the “How to Contact Us” section. Please be aware that, although we offer this deletion capability, the removal of content may not ensure complete or comprehensive removal of that content or information.
We follow generally accepted industry standards to protect the information submitted to us, both during transmission and once we receive it. We maintain appropriate administrative, technical and physical safeguards to protect Personal Data against accidental or unlawful destruction, accidental loss, unauthorized alteration, unauthorized disclosure or access, misuse, and any other unlawful form of processing of the Personal Data in our possession. This includes, for example, firewalls, password protection and other access and authentication controls. We use SSL technology to encrypt data during transmission through public internet, and we also employ application-layer security features to further anonymise Personal Data. However, no method of transmission over the Internet, or method of electronic storage, is 100% secure. We cannot ensure or warrant the security of any information you transmit to us or store on the Service, and you do so at your own risk. We also cannot guarantee that such information may not be accessed, disclosed, altered, or destroyed by breach of any of our physical, technical, or managerial safeguards. If you believe your Personal Data has been compromised, please contact us as set forth in the “How to Contact Us” section. If we learn of a security systems breach, we will inform you and the authorities of the occurrence of the breach in accordance with applicable law.
We do not delete Personal Data or User Data when a license expires.
Trainers frequently change jobs and go to a club that does not use FME
Services for some years and then start working for another club that use
FME Services again. That is why we keep accounts open although Users do
not pay for licenses. To properly deactivate an account, you have to
contact us and ask for deactivation as set forth in the “How to Contact
Us” section. We delete deactivated account within 6 months of
deactivation. If we restore backups, we delete deactivated accounts from
the restored data.
We will retain and use information as necessary
to comply with our legal obligations, resolve disputes, and enforce our
agreements as follows:
13.1 the contents of closed accounts are deleted within 3 months of the
date of closure;
13.2 backups are kept for 5-52 weeks: (databases: 5 weeks, Game Exchange
videos: 31 day, html content: 365 days);
13.3 billing information is retained
13.4 information on legal transactions between User and Sideline is
retained
Other retained data:
13.1 Templates (metadata and reference data) that you have shared with
other Users and they have used, will not cause their data to disappear.
13.2 If you create a new User with a license you paid for and the User
logs on, the User is considered a separate User and not your User Data
and you can no longer delete that User or the User Data he/she may have
created.
Although we may allow you to adjust your privacy settings to limit access to certain Personal Data, please be aware that no security measures are perfect or impenetrable. We are not responsible for circumvention of any privacy settings or security measures on the Service. Additionally, we cannot control the actions of other users with whom you may choose to share your information. Further, even after information posted on the Service is removed, caching and archiving services may have saved that information, and other users or third parties may have copied or stored the information available on the Service. We cannot and do not guarantee that information you post on or transmit to the Service will not be viewed by unauthorized persons.
The Service is hosted by Amazon Web Services in Germany. HTML content, images, videos (including Game Exchange) is hosted by Amazon Web Services in Frankfurt and Ireland for European residents but also in Canada, United States, Brazil, Singapore, Japan and Australia. If you choose to use the Service from regions of the world with laws governing data collection and use that may differ from European Union law, then please note that you may be transferring your User Data and Personal Data outside of those regions to the European Union for storage and processing by our service providers listed in the FME Terms of Service.
Sideline does not own, control or direct the use of any of the User Data stored or processed by a User via the Service. Only the Users are entitled to access, retrieve and direct the use of such User Data. FME is largely unaware of what User Data is actually being stored or made available by a User to the Service and does not directly access such User Data except as authorized by the User, or as necessary to provide Services to the User and its connected Users. Because FME does not collect or determine the use of any Personal Data contained in the User Data and because it does not determine the purposes for which such Personal Data is collected, the means of collecting such Personal Data, or the uses of such Personal Data, FME is not acting in the capacity of data controller in terms of the European Union’s General Data Protection Regulation (Regulation (EU) 2016/679, hereinafter “GDPR”) and does not have the associated responsibilities under the GDPR. FME should be considered only as a processor on behalf of its Users as to any User Data containing Personal Data that is subject to the requirements of the GDPR. Except as provided in this Privacy Policy, FME does not independently cause User Data containing Personal Data stored in connection with the Services to be transferred or otherwise made available to third parties, except to third party subcontractors who may process such data on behalf of FME in connection with FME’s provision of Services to Users. Such actions are performed or authorized only by the applicable User. The User is the data controller under the Regulation for any User Data containing Personal Data, meaning that such party controls the manner such Personal Data is collected and used as well as the determination of the purposes and means of the processing of such Personal Data. FME is not responsible for the content of the Personal Data contained in the User Data or other information stored on its servers (or its subcontractors’ servers) at the discretion of the User nor is FME responsible for the manner in which the User collects, handles disclosure, distributes or otherwise processes such information.
Please revisit this page periodically to stay aware of any changes to this Policy, which we may update from time to time. If we modify the Policy, we will make it available through the Service, and indicate the date of the latest revision, and will comply with applicable law. Your continued use of the Service after the revised Policy has become effective indicates that you have read, understood and agreed to the current version of the Policy.
Please contact us with any questions or comments about this Policy, your
Personal Data, our use and disclosure practices, or your consent choices
by email at
jack@footballmadeeasy.com.au. If you have any concerns
or complaints about this Policy or your Personal Data, you may contact
Sideline’s Data Protection Officer by email at
jack@footballmadeeasy.com.au .
Last update: March 25,
2024
ME Made Easy © 2024