TERMS AND CONDITIONS FOR USE OF ACCOUNT
The use of TrackMan’s services is subject to the terms and conditions outlined below. In order to sign-up, you need to accept them. We encourage you to read them carefully.
1.
PRIVACY AND DATA POLICY
1.1
Your privacy is very important to us. We follow and comply with Regulation (EU) 2016/679 (the “General Data Protection Regulation”). The General Data Protection Regulation is a regulation on data protection and privacy for individuals.
1.2
Please refer to our
Privacy Notice for further information on the personal data we collect, our use hereof and your rights.
2.
COOKIES
2.1
We use cookies to improve your user experience. Please refer to our
Cookies Policy for further information on the cookies used by Trackman.
3.
SAFETY
3.1
We do our best to keep your TrackMan account safe. However, we need your help to keep your Trackman account safe, which includes the following commitments by you:
- You will not upload viruses or other malicious code.
- You will not solicit login information or access a TrackMan account belonging to someone else.
- You will not use your TrackMan account to do anything unlawful, misleading, malicious, or discriminatory.
- You will not facilitate or encourage any violations of these terms and conditions.
4.
REGISTRATION AND ACCOUNT SECURITY
4.1
Here are some commitments you make to us relating to registering and maintaining the security of your account:
- You will not provide any false personal information, or create a TrackMan account for anyone other than yourself without permission.
- You will keep your contact information accurate and up-to-date.
- You will not share your password, let anyone else access your account, or do anything else that might jeopardize the security of your account.
- You will not transfer your account to anyone.
5.
PROTECTING OTHER PEOPLE’S RIGHTS
5.1
We respect other people's rights, and expect you to do the same.
- If you collect data from other players, you will: obtain their consent, make it clear you (and not TrackMan) are the one collecting their information, and provide them with a privacy notice explaining what information you collect and how you will use it.
- You will not take any action in connection with your use of your TrackMan account that infringes or violates someone else's rights or otherwise violates the law.
- Except for the standard materials provided through the TrackMan Media Kit, you will not use TrackMan’s copyrights or trademarks or any confusingly similar marks without our prior written permission.
- You will not send email invitations to non-users without their consent.
6.
SPECIAL PROVISIONS APPLICABLE TO SOFTWARE
6.1
If you download or use our software, such as a standalone software product, an app, or a browser plugin, you agree that from time to time, the software may download and install upgrades, updates (including license change) and additional features from us in order to improve, enhance, and further develop the software.
6.2
You will not modify, create derivative works of, decompile, or otherwise attempt to extract source code from us, unless you are expressly permitted to do so under an open source license, or we give you express written permission.
7.
PROMOTIONAL E-MAILS
7.1
If you consent to this specifically, we may send you promotional material via text messages, e-mails as well as messages sent to your personal message board at your TrackMan account with golf related offers and information. The offers may be personalized, aimed at your specific player profile.
7.2
You can always withdraw your consent/give new consent at your profile at
MyTrackMan.com8.
USE OF TRACKMAN ACCOUNT
8.1
Each account is for the exclusive use of the named member. You are solely responsible for maintaining the confidentiality of your password, and for restricting access to your account.
8.2
Only registered users have access to TrackMan accounts. Users are not allowed to link to any pages of the website that are protected by password or in any other way to give third parties access to this part of the website or the information on the pages.
8.3
Any unauthorized use or abuse by you may imply that your user profile and access to your TrackMan account may be terminated. TrackMan reserves the right to terminate accounts or remove or edit content, in our sole discretion. If we terminate your account, you will not create another one without our permission.
8.4
Although TrackMan attempts to ensure that all information contained on our website is correct and complete, we accept no liability for errors or omissions, and we reserve the right to change or alter content at any time.
8.5
TrackMan reserves the right to make changes to the website and these terms and conditions at any time without notice. We recommend that you check these terms and conditions regularly. If you choose to continue to use the website, you agree that by doing so you accept the new terms and conditions.
8.6
TrackMan holds full copyright, title and any other right, including design and trademark rights, to TrackMan and the website MyTrackMan.com and other websites owned by TrackMan including any updates and modifications thereto.
Use of TrackMan accounts for commercial purposes
8.7
If your TrackMan product is made available to other players or data is collected from other players (e.g. in your capacity as a golf coach, a retailer, an event organizer or similar), it is your responsibility as owner or registered user of the TrackMan product or service2 prior to commencement of any use by the Player of your TrackMan product to inform the player of the content of
TrackMan’s Privacy Notice.
8.8
If your TrackMan product is made available to other players, who take the TrackMan Combine test or any other test made available by TrackMan, it is your responsibility as owner of the TrackMan product to notify the player taking the TrackMan Combine test or other tests that the player’s test score and name may potentially be made available on TrackMan’s electronic leader board in connection with competitions.
8.9
If any player wishes to delete its personal data from your TrackMan product and/or TrackMan’s servers, you are required to reasonably assist TrackMan in connection with any such request and promptly delete any such data from your TrackMan product.
9.
INDEMNIFICATION
9.1
If anyone brings a claim against us related to your actions, content or information on your TrackMan account, you will indemnify and hold us harmless from and against all damages, losses, and expenses of any kind (including reasonable legal fees and costs) related to such claim.
9.2
Although we provide rules for user conduct in these terms and conditions, we do not control or direct users' actions on their TrackMan account and are not responsible for the content or information users transmit or share via their TrackMan accounts.
10.
LIMITATION OF LIABILITY
10.1
We will use reasonable skill and care in providing the TrackMan account to you and in keeping it a safe, secure and error-free environment, but we do not guarantee that your TrackMan account will always function without disruptions, delays or imperfections.
10.2
TrackMan’s liability cannot exceed the amount you have paid us in the last 12 months.
10.3
TrackMan is liable for direct losses only and shall in no event be liable for any consequential loss, loss of profits, loss of data or any other indirect losses.
11.
OTHER
11.1
These terms and conditions make up the entire agreement between the parties regarding use of your TrackMan account, and supersede any prior agreements. If any portion of these terms and conditions is found to be unenforceable, the remaining portion will remain in full force and effect.
11.2
If we fail to enforce any of our rights under these terms and conditions, it will not be considered a waiver.
11.3
You will not transfer any of your rights or obligations under these terms and conditions to anyone else without our consent.
11.4
All of our rights and obligations under these terms and conditions are freely assignable by us in connection with a merger, acquisition, or sale of assets, or by operation of law or otherwise.
11.5
Nothing in these terms and conditions shall prevent us from complying with the law.
11.6
These terms and conditions do not confer any third party beneficiary rights.
11.7
You will comply with all applicable laws when using or accessing your TrackMan account.
12.
DISPUTE RESOLUTION
12.1
Danish law shall govern this agreement. Any disputes or claims arising out of or in connection with this agreement are to be brought before the ordinary courts of law with the District Court of Lyngby being the first instance venue. Notwithstanding the just said, TrackMan are entitled to bring any such disputes before courts of law within the user's jurisdiction, including for the purposes of enforcing its rights under the agreement.
12.2
If any portion of these terms and conditions is deemed void or unenforceable, then that provision shall be deemed severable from these terms and conditions and shall not affect the validity and enforceability of the remaining provisions.
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