Consent* I confirm that I have read and agree to Trutactics Terms and Conditions and Privacy Policy.
You can read our terms and conditions (section one), privacy policy (section two) and children's privacy policy (section three) below:
SECTION ONE: TERMS AND CONDITIONS:
These terms and conditions (the “Conditions”) apply to your purchase as a customer and use of goods and/or services provided by Trutactics Limited, a company incorporated in Scotland with company number SC793165 and having its registered office address at 272 Bath Street, Glasgow, Scotland, G2 4JR (“Trutactics”).
By placing an order for our goods and/or services, you acknowledge that you have read and agree to these terms and conditions.
1.1 Definitions and interpretation
In these Conditions, the following words an expressions have the following meanings:
“Background IP” means any and all Intellectual Property Rights that are not Foreground IP, owned or controlled by the relevant party or licensed to the relevant party prior to or outside the scope of the Services, and in any event generated without reliance on any Foreground IP;
“Business Day” means Monday to Friday excluding bank or national holidays in Scotland;
“Coaching Session” means a Footage analysis and coaching session delivered to the Player as part of the Services;
“Consumer” has the meaning given in clause 2.4;
“Contract” means the contract for Services entered into between Trutactics and the Player incorporating these Conditions and the relevant Order;
“Data Protection Laws” means:
(a) the General Data Protection Regulation, Regulation (EU) 2016/679, as applicable in the United Kingdom as the UK GDPR;
(b) the Data Protection Act 2018;
(c) any laws which implement any such laws; and
(d) any laws which replace, extend, re-enact, consolidate or amend any of the foregoing;
“Deliverables” means any and all deliverables supplied to the Player which are ancillary to the supply of the Services including, without limitation and as applicable, the Personal Improvement Plan, Coaching Session, Footage of the Player with annotations incorporated by telestration and any footage of a professional sportsperson shared with the Player;
“Footage” means the footage of the Player playing in football matches used by Trutactics in its performance of the Services;
“Foreground IP” means all Intellectual Property Rights and other matter capable of being the subject of Intellectual Property Rights that is conceived, first reduced to practice or writing or developed by Trutactics in its performance of the Services;
“Intellectual Property Rights” means copyright, rights related to copyright such as moral rights and performers rights, patents, rights in inventions, rights to use and protect the confidentiality of confidential information (including, but not limited to know-how and trade secrets), trade marks, geographical indications, service marks, trade names, design rights, rights in get-up and trade dress, database rights, databases, [domain names, business names, rights in computer software, the right to sue for infringement, unfair competition and passing off, all similar rights of whatever nature wherever in the world arising, in each case:
(a) whether registered or not,
(b) including any applications to protect or register such rights,
(c) including all renewals and extensions of such rights or applications,
(d) whether vested, contingent or future, and
(e) wherever existing;
“Order” means the order to purchase the Services and/or Deliverables from Trutactics placed by or on behalf of the Player, whether submitted through the Website or otherwise;
“Personal Improvement Plan” means an improvement plan for the Player’s sports performance;
“Programme Fee” means the price payable for the applicable Programme, as specified in the Order;
“Player” means the football player whose matches and performance are to be analysed as part of the Services;
“Privacy Policy” means Trutactics’ privacy policy, accessed at [URL] as amended or updated from time to time;
“Programme” means the package level for the Services to be provided to the Player, as confirmed in the Order;
“Services” means the Footage analysis and online coaching services (including provision of the relevant Deliverables) provided by Trutactics;
“Website” means Trutactics’ website at https://www.trutactics.com;
In these Conditions
1.2.1 a reference to these Conditions includes its schedules, appendices and annexes (if any);
1.2.2 a reference to a ‘party’ includes that party’s personal representatives, successors and permitted assigns;
1.2.3 a reference to a ‘person’ includes a natural person, corporate or unincorporated body (in each case whether or not having separate legal personality) and that person’s personal representatives, successors and permitted assigns;
1.2.4 a reference to a gender includes each other gender;
1.2.5 words in the singular include the plural and vice versa;
1.2.6 any words that follow ‘include’, ‘includes’, ‘including’, ‘in particular’ or any similar words and expressions shall be construed as illustrative only and shall not limit the sense of any word, phrase, term, definition or description preceding those words;
1.2.7 any clause, schedule or other headings in these Conditions are included for convenience only and shall have no effect on the interpretation of these Conditions; and
1.2.8 a reference to any legislation or legislative provision is a reference to it as amended, extended, re-enacted or consolidated from time to time except to the extent that any such amendment, extension or re-enactment would increase the liability of Trutactics under these Conditions.
Application of these Conditions
2.1 These Conditions apply to and form part of the Contract between Trutactics and the Player.
2.2 No terms or conditions endorsed on, delivered with, or contained in the Player’s or any third party’s purchase conditions (where applicable) will form part of the Contract.
2.3 No variation to these Conditions or the Contract shall be effective unless agreed to by Trutactics in writing.
2.4 In these Conditions, a Player is a “Consumer” if they are purchasing the Services for purposes wholly or mainly outside of their craft, business, trade or profession. A Player will not be considered a Consumer where they are purchasing the Services for purposes relating to the Player’s craft, business, trade or profession. For the avoidance of doubt any Player who is purchasing the Services in connection with any footballing activities for which they receive payment (regardless of whether such payment is on a salaried, per-match or part-time basis) shall not be considered a Consumer for the purposes of these Conditions.
2.5 If the Player is purchasing the Services as a Consumer (and only in such circumstances), the Player may terminate the Contract within 14 days of Trutactics’ written acceptance of an Order for any reason by contacting Trutactics using the contact information in these Conditions and clearly stating they wish to cancel they wish to cancel the Services. In this event, Trutactics will refund the Programme Fee paid, but if any Services have been provided up to the time of cancellation, Trutactics reserves the right to make a deduction from the reimbursement for its costs incurred in providing the Services up to the time of cancellation. By placing an Order as a Consumer, the Player confirms to Trutactics that it instructs Trutactics to start performing the Services before the expiry of the 14 day cancellation period noted above.
Orders
3.1 Players can place an Order for the Services through the Website. If the person placing the order is a club, agency or other legal entity (without limitation) placing an Order for the Services on behalf of a Player, the relevant third party confirms it has the authority to place the Order for and on behalf of the relevant Player and to bind the Player to the Contract.
3.2 The minimum age for a Player to make use of the Services is 15 years old. Trutactics reserves the right to reject any Order or refuse to provide any Services to any Player under the age of 15 years old without liability to any person.
3.3 By placing the Order, the Player confirms that they are of the age of majority in the territory from which an Order is placed, or if younger than the age of majority (subject always to the minimum age limit), that the Player has sought the appropriate consent of their legal guardian to place the Order and purchase the Services.
3.4 The scope of the Services to be provided will be based on the Programme specified in the Order.
3.5 Trutactics may accept or reject an Order at its discretion. An Order shall not be accepted, and no binding Contract shall arise until Trutactics confirms its acceptance of the Order in writing (including by email). If Trutactics is unable to accept an Order:
3.5.1 it shall notify the Player of the same; and
3.5.2 the Programme Fee will be refunded where this has been paid at the time of placing the Order.
3.6 Where the Player is a professional and where confirmed in Trutactics’ Order acceptance communication, the Player may be granted a free trial for the Services. The Services provided as part of a free trial will include Footage analysis for one game only, one Coaching Session between the Player and Trutactics (up to a maximum of 3 Footage clips analysed by Trutactics) and an abridged version of the full Personal Improvement Plan for the Player based on Trutactics’ analysis. No other Services will be provided as part of a free trial unless agreed to otherwise in writing by Trutactics and further Services shall only be provided where the Player purchases a Programme and pays the relevant Programme Fee. All free trials are provided without warranty, express or implied, and on an “as is” basis.
3.7 Each Programme is valid for 12 months from the date of the Trutactics’ acceptance of the applicable Order. If any Coaching Sessions remain in the applicable Programme before the date the relevant Programme expires, no refund of the Programme Fee will be given. Trutactics may at its absolute discretion extend the duration of a Programme where a Player is unable to make use of the Services due to injury and will confirm the same in writing to the Player.
Coaching sessions
4.1 Prior to the first Coaching Session the Player will be required to complete a questionnaire on the Website which informs Tactics of their desired training goals for the Programme. Trutactics shall not be responsible or liable for any failure to perform the Services in connection with the Player’s failure to promptly or fully complete this questionnaire.
4.2 Each Coaching Session will require to be booked by the Player through the Website and a successful booking will be confirmed to the Player by email. Coaching Sessions are subject always to:
4.2.1 booking slot availability; and
4.2.2 Trutactics being provided with the relevant Footage in an appropriate format to enable Trutactics at least two weeks before the relevant Coaching Session.
4.3 All Coaching Sessions will be delivered online via video call. Trutactics may at its absolute discretion offer to provide a Coaching Session in-person.
4.4 If the Player is under the age of majority in the territory in which the Player resides, the Player’s parent or legal guardian must be present at a Coaching Session.
4.5 All Footage must be provided in a suitable format for use in the Services. For the avoidance of doubt Footage captured on a mobile phone camera is not suitable. Suitable Footage formats includes Footage captured using technologies such as Hudl, Spiideo or such other formats as may be listed on the Website from time to time. If any provided Footage is not suitable for use by Trutactics as part of the Services, Trutactics will notify the Player and the Player will be required to provide suitable alternative Footage. Trutactics shall not be responsible or liable to the Player for any failure or delays in performance of the Services connected with a failure to provide suitable Footage in the appropriate format, nor shall this entitle the Player to a refund of the Programme Fee.
4.6 Each Coaching Session shall include:
4.6.1 Footage analysis with annotations applied using telestration, for up to the maximum number of games permitted for a Coaching Session under the applicable Package, subject always to Trutactics obtaining or being provided the relevant Footage in a format suitable for use as part of the Services;
4.6.2 updates to the Personal Improvement Plan to record and monitor the Player’s progress, where multiple Coaching Sessions are provided for under the relevant Programme; and
4.6.3 analysis of videos of a professional in the Player’s position to provide guidance on improvement.
4.7 For professional Players, Trutactics may be able to source the Footage required for a Coaching Session from its third party Footage licensor(s), subject always to availability. If the relevant Footage cannot be sourced this way, Trutactics shall promptly notify the Player of the same and require that either:
4.7.1 alternative suitable Footage for the relevant match is provided by or on behalf of the Player; or
4.7.2 an alternative match for which Footage can be obtained be used for the Coaching Session.
4.8 Trutactics will not be liable to the Player and/or any person acting on its behalf:
4.8.1 where the Player is required to supply the Footage itself, the required Footage is not provided at least two weeks before the relevant Coaching Session;
4.8.2 where Footage is provided by the Player but is not suitable for use in the Services; or
4.8.3 for unavailability of any booking slot preferred by the Player.
Payments
5.1 The Programme Fee must be paid by the Player or (where applicable) by a third party on the Player’s behalf, at the time an Order is placed. If payment is unsuccessful due to payment processing issues, a card chargeback request or any other reason, Trutactics reserves the right to suspend performance of the Services without liability to the Player or any third party until such time as the Programme Fee is paid in full. If the Programme Fee:
5.1.1 is not paid at the time the Order is placed, Trutactics may reject the Order; or
5.1.2 remains unpaid for 14 days after the relevant failed payment or chargeback occurs, Trutactics may terminate the Contract with immediate effect by giving written notice to the Player, without prejudice to Trutactics’ right to be paid the Programme Fee for any Services provided up to the time of termination.
Your rights over your information
6.1 All Background IP shall remain the property of the relevant owner. Other than as set out in these Conditions, no transfer or licence of any party’s Background IP shall take place in the performance of the Services.
6.2 Where Footage is provided to Trutactics by or on behalf of the Player, the person providing such Footage:
6.2.1 grants to Trutactics a non-exclusive, royalty-free licence to use (including modification of) such Footage for the purposes of providing the Services; and
6.2.2 represents and warrants that it has in place all appropriate licences, authorisation and consents required to license the Footage to Trutactics for the purposes of providing the Services.
6.3 All Intellectual Property Rights in and to the Services, Website, Trutactics’ Foreground IP, Deliverables, documentation, reports, analyses or other materials made available to the Player in the performance of the Services are vested in and owned exclusively in Trutactics.
6.4 Subject to clause 6.5, Trutactics grants to the Player a non-exclusive, non-transferable, licence to use the Deliverables strictly for the purposes of analysing the Player’s sports performance and supporting the Player’s sports training and development.
6.5 The Personal Improvement Plan shall only be licensable by the Player to the extent it requires to be shared with the Player’s sports team or coach as required to implement any training recommendations set out in the Personal Improvement Plan.
6.6 Other than as expressly set out in these Conditions, the Player is not permitted to:
6.6.1 publish or disclose the Foreground IP or Deliverables without Trutactics’ prior written consent; or
6.6.2 use any trade names, branding, logos or other Background IP owned by Trutactics on any marketing materials, website or otherwise without Trutactics’ prior written consent.
Data protection
7.1 In this clause 7, the following words and expressions have the meanings given in Data Protection Laws: “Controller”, “data subject”, “personal data”, “process” (and similar terms including “processes” and “processed”) and “Processor”.
7.2 The parties agree that for the purposes of any Footage used by or provided to Trutactics, the party providing such Footage is the Controller of personal data in that Footage and Trutactics is the Processor of such personal data.
7.3 Where the Player, or a third party acting on the Player’s behalf, provides Footage directly to Trutactics, the person providing such Footage warrants and represents that it has obtained all necessary authorisations and consents from the data subjects included in such Footage to provide the Footage to Trutactics for use in its performance of the Services.
7.4 The parties agree that for the purposes of any personal data (excluding Footage) provided by or on behalf of the Player relating to the Player, the providing party is the Processor of such personal data and Trutactics is the Controller of such personal data.
7.5 Trutactics shall only use personal data of the Player for the purposes of managing the Contract and providing its Services to the Player.
7.6 Where a Player is younger than the age of majority in the territory from which the Player’s personal data is provided, Trutactics only processes this personal data on the basis that the Player’s legal guardian has given consent. Where any personal data is provided to Trutactics in regards to a Player to which this clause applies, it is deemed to have been provided with the consent of the relevant Player’s parent or legal guardian to provide such personal data and process this data for the performance of the Services.
7.7 Trutactics shall handle all personal data received by it under the Contract in accordance with applicable Data Protection Laws and in accordance with the Privacy Policy.
If we change how we use your information
8.1 Subject to clause 2.5, once an Order is accepted, the Contract cannot be terminated by or on behalf of the Player without Trutactics’ agreement, to be granted or withheld at Trutactics’ absolute discretion.
8.2 Trutactics may terminate the Contract at any time by giving written notice (including by email) to the Player if:
8.2.1 the Player or any third party acting on its behalf commits a material breach of its obligations under the Contract, and such breach is not remediable;
8.2.2 the Player or any third party acting on its behalf commits a material breach of the Player’s obligations under the Contract which is capable of remedy, and fails to remedy the breach within 5 days of Trutactics notifying the Player to do so;
8.3 On termination of the Contract for any reason, Trutactics shall invoice the Player for any Services provided but not yet paid up to the time of termination.
8.4 Termination of the Contract shall not affect the accrued rights and liabilities of the parties up to the time of termination.
Liability
9.1 The extent of Trutactics’ liability to the Player under or in connection with the Contract shall be as stated in this clause 9.
9.2 Subject to clause 9.5, Trutactics’ total liability to the Player under a Contract shall not exceed the applicable Programme Fee in respect of any one claim or any series of claims.
9.3 Subject to clause 9.5, where the Player purchases the Services as a Consumer, Trutactics shall not be liable for: losses that were not foreseeable to the Player and Trutactics when the contract was formed; losses that were not caused by any breach on Trutactics’ part; business losses; or losses to non-consumers.
9.4 Subject to clause 9.5, where the Player does not purchase the Services as a Consumer, Trutactics shall not be liable for any consequential, indirect or special losses, howsoever caused. This includes, without limitation: loss of profit; loss of revenue; loss of data; loss of use; loss of production; loss of contract; loss of commercial opportunity; loss of savings, discount or rebate (whether actual or anticipated); harm to reputation or loss of goodwill; loss of business; or wasted expenditure.
9.5 Trutactics’ liability shall not be limited in any way in respect of:
9.5.1 fraud or fraudulent misrepresentation;
9.5.2 death or personal injury caused by Trutactics’ negligence; or
9.5.3 any other losses which cannot be limited or excluded by applicable laws in the United Kingdom.
9.6 Trutactics makes no warranty or guarantee, express or implied, that:
9.6.1 the Services will meet the Player’s requirements; or
9.6.2 a Player will improve their sporting performance as a result of their use of the Services.
Indemnity
10.1 The limitations of liability set out in clause 9 shall not apply to any indemnity given under the Contract.
10.2 The Player shall indemnify and keep indemnified Trutactics against any and all losses incurred by it in connection with:
10.2.1 any failure of the Player or any person acting on its behalf to fulfil the Player’s obligations under the Contract;
10.2.2 any breach of the Player’s obligations under clauses 6 or 7 or any representation or warranty given the Player in terms of the Contract.
Force majeure
11.1 Trutactics will not be liable for any failure to fulfil its obligations under these Conditions which results from circumstances beyond Trutactics’ reasonable control (“Force Majeure”). For the avoidance of doubt Force Majeure includes, without limitation, power failures, internet or telecommunications failures, infrastructure, cyber attacks, malware attacks or other malicious software, epidemic or pandemic, failure of third-party suppliers, defectiveness of Footage provided by the Player or third parties on the Player’s behalf. For the avoidance of doubt Player injury or inability to pay the Programme Fee is not Force Majeure.
11.2 If, due to Force Majeure, Trutactics is unable to perform the Services for a period in excess of 30 days, Trutactics may terminate the Contract by giving written notice (including by email) to the Player.
Force majeure
12.1 Any notice or other communication given by a party under the Contract shall be:
12.1.1 in writing and in English;
12.1.2 signed by, or on behalf of, the party giving it (except for notices sent by email); and
12.1.3 sent to the relevant party at the address set out in clause 12.3.
12.2 Notices may be given, and are deemed received:
12.2.1 by hand: on receipt of a signature at the time of delivery;
12.2.2 by post: at 9.00 am on the second Business Day after posting;
12.2.3 by Royal Mail International Signed post: at 9.00 am on the fourth Business Day after posting; and
12.2.4 by email on receipt of a: delivery email from the correct address.
12.3 Notices[ and other communications] shall be sent to:
General
13.1 Trutactics reserves the right to make changes or updates to these Conditions at any time by making the revised Conditions available on the Website at least 30 days before they come into effect. Any updates to these Conditions shall not affect any Contract in progress at the time the updated Conditions take effect.
13.2 If any provision of these Conditions (or part of any provision) is or becomes illegal, invalid or unenforceable, the legality, validity and enforceability of any other provision of these Conditions shall not be affected.
13.3 No failure, delay or omission by Trutactics in exercising any right, power or remedy provided by law or under the Contract shall operate as a waiver of that right, power or remedy, nor shall it preclude or restrict any future exercise of that or any other right or remedy. No single or partial exercise of any right, power or remedy provided by law or under the Contract shall prevent any future exercise of it or the exercise of any other right, power or remedy.
13.4 Neither the Player nor any person acting on the Player’s behalf may assign, subcontract or encumber any right or obligation under the Contract without Trutactics’ prior written consent. Trutactics may assign any of its rights or obligations under the Contract to any person by giving written notice to the Player.
13.5 Nothing in the Contract shall constitute, or shall be deemed to constitute, a partnership between the parties nor make any party the agent of another party.
13.6 These Conditions and the Contract are governed by and shall be construed in accordance with the laws of Scotland. Any action, claim, commencement or proceedings arising out of or in connection with these Conditions or the Contract shall be subject to the exclusive jurisdiction of the courts of Scotland.
These terms and conditions (the “Conditions”) apply to your purchase as a customer and use of goods and/or services provided by Trutactics Limited, a company incorporated in Scotland with company number SC793165 and having its registered office address at 272 Bath Street, Glasgow, Scotland, G2 4JR (“Trutactics”).
By placing an order for our goods and/or services, you acknowledge that you have read and agree to these terms and conditions.
1.1 Definitions and interpretation
In these Conditions, the following words an expressions have the following meanings:
“Background IP” means any and all Intellectual Property Rights that are not Foreground IP, owned or controlled by the relevant party or licensed to the relevant party prior to or outside the scope of the Services, and in any event generated without reliance on any Foreground IP;
“Business Day” means Monday to Friday excluding bank or national holidays in Scotland;
“Coaching Session” means a Footage analysis and coaching session delivered to the Player as part of the Services;
“Consumer” has the meaning given in clause 2.4;
“Contract” means the contract for Services entered into between Trutactics and the Player incorporating these Conditions and the relevant Order;
“Data Protection Laws” means:
(a) the General Data Protection Regulation, Regulation (EU) 2016/679, as applicable in the United Kingdom as the UK GDPR;
(b) the Data Protection Act 2018;
(c) any laws which implement any such laws; and
(d) any laws which replace, extend, re-enact, consolidate or amend any of the foregoing;
“Deliverables” means any and all deliverables supplied to the Player which are ancillary to the supply of the Services including, without limitation and as applicable, the Personal Improvement Plan, Coaching Session, Footage of the Player with annotations incorporated by telestration and any footage of a professional sportsperson shared with the Player;
“Footage” means the footage of the Player playing in football matches used by Trutactics in its performance of the Services;
“Foreground IP” means all Intellectual Property Rights and other matter capable of being the subject of Intellectual Property Rights that is conceived, first reduced to practice or writing or developed by Trutactics in its performance of the Services;
“Intellectual Property Rights” means copyright, rights related to copyright such as moral rights and performers rights, patents, rights in inventions, rights to use and protect the confidentiality of confidential information (including, but not limited to know-how and trade secrets), trade marks, geographical indications, service marks, trade names, design rights, rights in get-up and trade dress, database rights, databases, [domain names, business names, rights in computer software, the right to sue for infringement, unfair competition and passing off, all similar rights of whatever nature wherever in the world arising, in each case:
(a) whether registered or not,
(b) including any applications to protect or register such rights,
(c) including all renewals and extensions of such rights or applications,
(d) whether vested, contingent or future, and
(e) wherever existing;
“Order” means the order to purchase the Services and/or Deliverables from Trutactics placed by or on behalf of the Player, whether submitted through the Website or otherwise;
“Personal Improvement Plan” means an improvement plan for the Player’s sports performance;
“Programme Fee” means the price payable for the applicable Programme, as specified in the Order;
“Player” means the football player whose matches and performance are to be analysed as part of the Services;
“Privacy Policy” means Trutactics’ privacy policy, accessed at [URL] as amended or updated from time to time;
“Programme” means the package level for the Services to be provided to the Player, as confirmed in the Order;
“Services” means the Footage analysis and online coaching services (including provision of the relevant Deliverables) provided by Trutactics;
“Website” means Trutactics’ website at https://www.trutactics.com;
In these Conditions
1.2.1 a reference to these Conditions includes its schedules, appendices and annexes (if any);
1.2.2 a reference to a ‘party’ includes that party’s personal representatives, successors and permitted assigns;
1.2.3 a reference to a ‘person’ includes a natural person, corporate or unincorporated body (in each case whether or not having separate legal personality) and that person’s personal representatives, successors and permitted assigns;
1.2.4 a reference to a gender includes each other gender;
1.2.5 words in the singular include the plural and vice versa;
1.2.6 any words that follow ‘include’, ‘includes’, ‘including’, ‘in particular’ or any similar words and expressions shall be construed as illustrative only and shall not limit the sense of any word, phrase, term, definition or description preceding those words;
1.2.7 any clause, schedule or other headings in these Conditions are included for convenience only and shall have no effect on the interpretation of these Conditions; and
1.2.8 a reference to any legislation or legislative provision is a reference to it as amended, extended, re-enacted or consolidated from time to time except to the extent that any such amendment, extension or re-enactment would increase the liability of Trutactics under these Conditions.
Application of these Conditions
2.1 These Conditions apply to and form part of the Contract between Trutactics and the Player.
2.2 No terms or conditions endorsed on, delivered with, or contained in the Player’s or any third party’s purchase conditions (where applicable) will form part of the Contract.
2.3 No variation to these Conditions or the Contract shall be effective unless agreed to by Trutactics in writing.
2.4 In these Conditions, a Player is a “Consumer” if they are purchasing the Services for purposes wholly or mainly outside of their craft, business, trade or profession. A Player will not be considered a Consumer where they are purchasing the Services for purposes relating to the Player’s craft, business, trade or profession. For the avoidance of doubt any Player who is purchasing the Services in connection with any footballing activities for which they receive payment (regardless of whether such payment is on a salaried, per-match or part-time basis) shall not be considered a Consumer for the purposes of these Conditions.
2.5 If the Player is purchasing the Services as a Consumer (and only in such circumstances), the Player may terminate the Contract within 14 days of Trutactics’ written acceptance of an Order for any reason by contacting Trutactics using the contact information in these Conditions and clearly stating they wish to cancel they wish to cancel the Services. In this event, Trutactics will refund the Programme Fee paid, but if any Services have been provided up to the time of cancellation, Trutactics reserves the right to make a deduction from the reimbursement for its costs incurred in providing the Services up to the time of cancellation. By placing an Order as a Consumer, the Player confirms to Trutactics that it instructs Trutactics to start performing the Services before the expiry of the 14 day cancellation period noted above.
Orders
3.1 Players can place an Order for the Services through the Website. If the person placing the order is a club, agency or other legal entity (without limitation) placing an Order for the Services on behalf of a Player, the relevant third party confirms it has the authority to place the Order for and on behalf of the relevant Player and to bind the Player to the Contract.
3.2 The minimum age for a Player to make use of the Services is 15 years old. Trutactics reserves the right to reject any Order or refuse to provide any Services to any Player under the age of 15 years old without liability to any person.
3.3 By placing the Order, the Player confirms that they are of the age of majority in the territory from which an Order is placed, or if younger than the age of majority (subject always to the minimum age limit), that the Player has sought the appropriate consent of their legal guardian to place the Order and purchase the Services.
3.4 The scope of the Services to be provided will be based on the Programme specified in the Order.
3.5 Trutactics may accept or reject an Order at its discretion. An Order shall not be accepted, and no binding Contract shall arise until Trutactics confirms its acceptance of the Order in writing (including by email). If Trutactics is unable to accept an Order:
3.5.1 it shall notify the Player of the same; and
3.5.2 the Programme Fee will be refunded where this has been paid at the time of placing the Order.
3.6 Where the Player is a professional and where confirmed in Trutactics’ Order acceptance communication, the Player may be granted a free trial for the Services. The Services provided as part of a free trial will include Footage analysis for one game only, one Coaching Session between the Player and Trutactics (up to a maximum of 3 Footage clips analysed by Trutactics) and an abridged version of the full Personal Improvement Plan for the Player based on Trutactics’ analysis. No other Services will be provided as part of a free trial unless agreed to otherwise in writing by Trutactics and further Services shall only be provided where the Player purchases a Programme and pays the relevant Programme Fee. All free trials are provided without warranty, express or implied, and on an “as is” basis.
3.7 Each Programme is valid for 12 months from the date of the Trutactics’ acceptance of the applicable Order. If any Coaching Sessions remain in the applicable Programme before the date the relevant Programme expires, no refund of the Programme Fee will be given. Trutactics may at its absolute discretion extend the duration of a Programme where a Player is unable to make use of the Services due to injury and will confirm the same in writing to the Player.
Coaching sessions
4.1 Prior to the first Coaching Session the Player will be required to complete a questionnaire on the Website which informs Tactics of their desired training goals for the Programme. Trutactics shall not be responsible or liable for any failure to perform the Services in connection with the Player’s failure to promptly or fully complete this questionnaire.
4.2 Each Coaching Session will require to be booked by the Player through the Website and a successful booking will be confirmed to the Player by email. Coaching Sessions are subject always to:
4.2.1 booking slot availability; and
4.2.2 Trutactics being provided with the relevant Footage in an appropriate format to enable Trutactics at least two weeks before the relevant Coaching Session.
4.3 All Coaching Sessions will be delivered online via video call. Trutactics may at its absolute discretion offer to provide a Coaching Session in-person.
4.4 If the Player is under the age of majority in the territory in which the Player resides, the Player’s parent or legal guardian must be present at a Coaching Session.
4.5 All Footage must be provided in a suitable format for use in the Services. For the avoidance of doubt Footage captured on a mobile phone camera is not suitable. Suitable Footage formats includes Footage captured using technologies such as Hudl, Spiideo or such other formats as may be listed on the Website from time to time. If any provided Footage is not suitable for use by Trutactics as part of the Services, Trutactics will notify the Player and the Player will be required to provide suitable alternative Footage. Trutactics shall not be responsible or liable to the Player for any failure or delays in performance of the Services connected with a failure to provide suitable Footage in the appropriate format, nor shall this entitle the Player to a refund of the Programme Fee.
4.6 Each Coaching Session shall include:
4.6.1 Footage analysis with annotations applied using telestration, for up to the maximum number of games permitted for a Coaching Session under the applicable Package, subject always to Trutactics obtaining or being provided the relevant Footage in a format suitable for use as part of the Services;
4.6.2 updates to the Personal Improvement Plan to record and monitor the Player’s progress, where multiple Coaching Sessions are provided for under the relevant Programme; and
4.6.3 analysis of videos of a professional in the Player’s position to provide guidance on improvement.
4.7 For professional Players, Trutactics may be able to source the Footage required for a Coaching Session from its third party Footage licensor(s), subject always to availability. If the relevant Footage cannot be sourced this way, Trutactics shall promptly notify the Player of the same and require that either:
4.7.1 alternative suitable Footage for the relevant match is provided by or on behalf of the Player; or
4.7.2 an alternative match for which Footage can be obtained be used for the Coaching Session.
4.8 Trutactics will not be liable to the Player and/or any person acting on its behalf:
4.8.1 where the Player is required to supply the Footage itself, the required Footage is not provided at least two weeks before the relevant Coaching Session;
4.8.2 where Footage is provided by the Player but is not suitable for use in the Services; or
4.8.3 for unavailability of any booking slot preferred by the Player.
Payments
5.1 The Programme Fee must be paid by the Player or (where applicable) by a third party on the Player’s behalf, at the time an Order is placed. If payment is unsuccessful due to payment processing issues, a card chargeback request or any other reason, Trutactics reserves the right to suspend performance of the Services without liability to the Player or any third party until such time as the Programme Fee is paid in full. If the Programme Fee:
5.1.1 is not paid at the time the Order is placed, Trutactics may reject the Order; or
5.1.2 remains unpaid for 14 days after the relevant failed payment or chargeback occurs, Trutactics may terminate the Contract with immediate effect by giving written notice to the Player, without prejudice to Trutactics’ right to be paid the Programme Fee for any Services provided up to the time of termination.
Your rights over your information
6.1 All Background IP shall remain the property of the relevant owner. Other than as set out in these Conditions, no transfer or licence of any party’s Background IP shall take place in the performance of the Services.
6.2 Where Footage is provided to Trutactics by or on behalf of the Player, the person providing such Footage:
6.2.1 grants to Trutactics a non-exclusive, royalty-free licence to use (including modification of) such Footage for the purposes of providing the Services; and
6.2.2 represents and warrants that it has in place all appropriate licences, authorisation and consents required to license the Footage to Trutactics for the purposes of providing the Services.
6.3 All Intellectual Property Rights in and to the Services, Website, Trutactics’ Foreground IP, Deliverables, documentation, reports, analyses or other materials made available to the Player in the performance of the Services are vested in and owned exclusively in Trutactics.
6.4 Subject to clause 6.5, Trutactics grants to the Player a non-exclusive, non-transferable, licence to use the Deliverables strictly for the purposes of analysing the Player’s sports performance and supporting the Player’s sports training and development.
6.5 The Personal Improvement Plan shall only be licensable by the Player to the extent it requires to be shared with the Player’s sports team or coach as required to implement any training recommendations set out in the Personal Improvement Plan.
6.6 Other than as expressly set out in these Conditions, the Player is not permitted to:
6.6.1 publish or disclose the Foreground IP or Deliverables without Trutactics’ prior written consent; or
6.6.2 use any trade names, branding, logos or other Background IP owned by Trutactics on any marketing materials, website or otherwise without Trutactics’ prior written consent.
Data protection
7.1 In this clause 7, the following words and expressions have the meanings given in Data Protection Laws: “Controller”, “data subject”, “personal data”, “process” (and similar terms including “processes” and “processed”) and “Processor”.
7.2 The parties agree that for the purposes of any Footage used by or provided to Trutactics, the party providing such Footage is the Controller of personal data in that Footage and Trutactics is the Processor of such personal data.
7.3 Where the Player, or a third party acting on the Player’s behalf, provides Footage directly to Trutactics, the person providing such Footage warrants and represents that it has obtained all necessary authorisations and consents from the data subjects included in such Footage to provide the Footage to Trutactics for use in its performance of the Services.
7.4 The parties agree that for the purposes of any personal data (excluding Footage) provided by or on behalf of the Player relating to the Player, the providing party is the Processor of such personal data and Trutactics is the Controller of such personal data.
7.5 Trutactics shall only use personal data of the Player for the purposes of managing the Contract and providing its Services to the Player.
7.6 Where a Player is younger than the age of majority in the territory from which the Player’s personal data is provided, Trutactics only processes this personal data on the basis that the Player’s legal guardian has given consent. Where any personal data is provided to Trutactics in regards to a Player to which this clause applies, it is deemed to have been provided with the consent of the relevant Player’s parent or legal guardian to provide such personal data and process this data for the performance of the Services.
7.7 Trutactics shall handle all personal data received by it under the Contract in accordance with applicable Data Protection Laws and in accordance with the Privacy Policy.
If we change how we use your information
8.1 Subject to clause 2.5, once an Order is accepted, the Contract cannot be terminated by or on behalf of the Player without Trutactics’ agreement, to be granted or withheld at Trutactics’ absolute discretion.
8.2 Trutactics may terminate the Contract at any time by giving written notice (including by email) to the Player if:
8.2.1 the Player or any third party acting on its behalf commits a material breach of its obligations under the Contract, and such breach is not remediable;
8.2.2 the Player or any third party acting on its behalf commits a material breach of the Player’s obligations under the Contract which is capable of remedy, and fails to remedy the breach within 5 days of Trutactics notifying the Player to do so;
8.3 On termination of the Contract for any reason, Trutactics shall invoice the Player for any Services provided but not yet paid up to the time of termination.
8.4 Termination of the Contract shall not affect the accrued rights and liabilities of the parties up to the time of termination.
Liability
9.1 The extent of Trutactics’ liability to the Player under or in connection with the Contract shall be as stated in this clause 9.
9.2 Subject to clause 9.5, Trutactics’ total liability to the Player under a Contract shall not exceed the applicable Programme Fee in respect of any one claim or any series of claims.
9.3 Subject to clause 9.5, where the Player purchases the Services as a Consumer, Trutactics shall not be liable for: losses that were not foreseeable to the Player and Trutactics when the contract was formed; losses that were not caused by any breach on Trutactics’ part; business losses; or losses to non-consumers.
9.4 Subject to clause 9.5, where the Player does not purchase the Services as a Consumer, Trutactics shall not be liable for any consequential, indirect or special losses, howsoever caused. This includes, without limitation: loss of profit; loss of revenue; loss of data; loss of use; loss of production; loss of contract; loss of commercial opportunity; loss of savings, discount or rebate (whether actual or anticipated); harm to reputation or loss of goodwill; loss of business; or wasted expenditure.
9.5 Trutactics’ liability shall not be limited in any way in respect of:
9.5.1 fraud or fraudulent misrepresentation;
9.5.2 death or personal injury caused by Trutactics’ negligence; or
9.5.3 any other losses which cannot be limited or excluded by applicable laws in the United Kingdom.
9.6 Trutactics makes no warranty or guarantee, express or implied, that:
9.6.1 the Services will meet the Player’s requirements; or
9.6.2 a Player will improve their sporting performance as a result of their use of the Services.
Indemnity
10.1 The limitations of liability set out in clause 9 shall not apply to any indemnity given under the Contract.
10.2 The Player shall indemnify and keep indemnified Trutactics against any and all losses incurred by it in connection with:
10.2.1 any failure of the Player or any person acting on its behalf to fulfil the Player’s obligations under the Contract;
10.2.2 any breach of the Player’s obligations under clauses 6 or 7 or any representation or warranty given the Player in terms of the Contract.
Force majeure
11.1 Trutactics will not be liable for any failure to fulfil its obligations under these Conditions which results from circumstances beyond Trutactics’ reasonable control (“Force Majeure”). For the avoidance of doubt Force Majeure includes, without limitation, power failures, internet or telecommunications failures, infrastructure, cyber attacks, malware attacks or other malicious software, epidemic or pandemic, failure of third-party suppliers, defectiveness of Footage provided by the Player or third parties on the Player’s behalf. For the avoidance of doubt Player injury or inability to pay the Programme Fee is not Force Majeure.
11.2 If, due to Force Majeure, Trutactics is unable to perform the Services for a period in excess of 30 days, Trutactics may terminate the Contract by giving written notice (including by email) to the Player.
Force majeure
12.1 Any notice or other communication given by a party under the Contract shall be:
12.1.1 in writing and in English;
12.1.2 signed by, or on behalf of, the party giving it (except for notices sent by email); and
12.1.3 sent to the relevant party at the address set out in clause 12.3.
12.2 Notices may be given, and are deemed received:
12.2.1 by hand: on receipt of a signature at the time of delivery;
12.2.2 by post: at 9.00 am on the second Business Day after posting;
12.2.3 by Royal Mail International Signed post: at 9.00 am on the fourth Business Day after posting; and
12.2.4 by email on receipt of a: delivery email from the correct address.
12.3 Notices[ and other communications] shall be sent to:
General
13.1 Trutactics reserves the right to make changes or updates to these Conditions at any time by making the revised Conditions available on the Website at least 30 days before they come into effect. Any updates to these Conditions shall not affect any Contract in progress at the time the updated Conditions take effect.
13.2 If any provision of these Conditions (or part of any provision) is or becomes illegal, invalid or unenforceable, the legality, validity and enforceability of any other provision of these Conditions shall not be affected.
13.3 No failure, delay or omission by Trutactics in exercising any right, power or remedy provided by law or under the Contract shall operate as a waiver of that right, power or remedy, nor shall it preclude or restrict any future exercise of that or any other right or remedy. No single or partial exercise of any right, power or remedy provided by law or under the Contract shall prevent any future exercise of it or the exercise of any other right, power or remedy.
13.4 Neither the Player nor any person acting on the Player’s behalf may assign, subcontract or encumber any right or obligation under the Contract without Trutactics’ prior written consent. Trutactics may assign any of its rights or obligations under the Contract to any person by giving written notice to the Player.
13.5 Nothing in the Contract shall constitute, or shall be deemed to constitute, a partnership between the parties nor make any party the agent of another party.
13.6 These Conditions and the Contract are governed by and shall be construed in accordance with the laws of Scotland. Any action, claim, commencement or proceedings arising out of or in connection with these Conditions or the Contract shall be subject to the exclusive jurisdiction of the courts of Scotland.
By creating an account you agree to the TruTactics Privacy Policy, Children's Privacy Policy, and the Cookies Policy as they are on the current date.
SECTION TWO: GENERAL PRIVACY POLICY:
We are Trutactics Limited, a company incorporated in Scotland with company number SC793165 and having its registered office at 272 Bath Street, Glasgow, Scotland, G2 4JR (“we”, “us”, “our”). We take your privacy very seriously. Please read this privacy policy carefully as it contains important information on who we are and how and why we collect, store, use and share your personal data. It also explains your rights in relation to your personal data and how to contact us or supervisory authorities in the event you have a complaint.
This version of our privacy policy is written primarily for adults, including parents and guardians of children who make use of our services. If you are under the age of 16 in the United Kingdom or under the age of majority in your territory, you are welcome to read this privacy policy if you find it useful, but we recommend you see our child-specific privacy policy at [URL] to see the key information in a form written for kids.
We collect, use and are responsible for certain personal data about you. When we do so we are subject to the UK General Data Protection Regulation (“UK GDPR”). We are also subject to the EU General Data Protection Regulation (“EU GDPR”) in relation to goods and services we offer to individuals in the European Economic Area (“EEA”).
1. Information We Collect
Some of the key terms used in this policy are as follows:
Personal data: Any information relating to an identified or identifiable individual
Special category personal data: Personal data revealing racial or ethnic origin, political opinions, religious beliefs, philosophical beliefs or trade union membership, Genetic data, Biometric data (where used for identification purposes), Data concerning health, sex life or sexual orientation
Data subject: The individual who the personal data relates to
Player: The sportsperson who is receiving the benefit of the services we offer
Minor Player: The sportsperson who is receiving the benefit of the services we offer and who is under the age of 16 in the United Kingdom, or under the applicable age of majority in the territory from which such personal data is being collected.
2. About GDPR
Personal data we collect about you
The personal data we collect about you depends on the particular services we provide to you. We will collect and use the following personal data about you:
If you are a Player to whom we are providing our services:
• your name and contact information, including email address and telephone number;
• the sports club or organisation you belong to;
• your gender, if you choose to give this to us;
• your billing information, transaction and payment card information (if you are the person purchasing our services);
• your sporting career status (e.g. whether you play for an amateur or professional sports team);
• your contact history and purchase history;
• footage taken of you performing your sport at sporting events and/or in training.
If you are a Minor Player to whom we are providing our services:
• your name and contact information, including email address and telephone number;
• the sports club or organisation you belong to;
• your gender, if you choose to give this to us;
• your billing information, transaction and payment card information (if you are the person purchasing our services);
• your sporting career status (e.g. whether you play for an amateur or professional sports team);
• your contact history and purchase history;
• footage taken of you performing your sport at sporting events and/or in training;
• contact details of your parent or legal guardian.
Where a Minor Player provides us with personal data, we assume that all personal data provided by is provided with the consent of the Minor Player’s parent or legal guardian.
If you are an agency, sports organisation or club purchasing our services on behalf of a Player whom you represent:
• the name and contact information of the person(s) within your organisation who is responsible for managing your contract with us and/or our contract with the Player;
• your billing information, transaction and payment information, where you are paying for our services on a Player’s behalf;
How your personal data is collected
We collect most of this personal data from you directly, either in-person, by video call, telephone, text or email and/or via our website at https://www.trutactics.com. However, we may also collect personal data:
• from sports footage provided to us by you or obtained from our third party licensor(s) (where applicable);
• in the case of Players, from the sports club or organisation which you are a member of; and
• in the case of Minor Players, from their parents or legal guardians on the Minor Player’s behalf.
• from a third party with your consent (e.g. your bank when processing payments).
• from cookies on our website.
• via our IT systems, such as our communications systems including video call service providers, and our email systems.
As part of our services, we require footage of Players and Minor Players to be able to analyse their sports performance. This may be provided by you and will inevitably contain personal data about other players and attendees at the sporting event being filmed. If you provide this to us, you are considered to have obtained the consent of the Data Subjects in that footage to provide this footage of them to us. We will not use this for any reason other than for providing our services to the relevant Player or Minor Player.
How and why we use your personal data:
Under data protection laws, we can only use your personal data if we have a proper reason, e.g.:
• where you have given consent;
• to comply with our legal and regulatory obligations;
• for the performance of a contract with you or to take steps at your request before entering into a contract; or
• for our legitimate interests or those of a third party.
A legitimate interest is when we have a business or commercial reason to use your personal data, so long as this is not overridden by your own rights and interests. We will carry out an assessment when relying on legitimate interests, to balance our interests against your own.
The table below explains what we use your personal data for and why:
Providing our services to you: To perform our contract with you or to take steps at your request before entering into a contract
Preventing and detecting fraud against you or us: For our legitimate interest, i.e. to minimise fraud that could be damaging for you and/or us
Conducting checks to identify our customers and verify their identity
Depending on the circumstances:
• to comply with our legal and regulatory obligations
• for our legitimate interests
To enforce legal rights or defend or undertake legal proceedings
Depending on the circumstances:
• to comply with our legal and regulatory obligations;
• in other cases, for our legitimate interests, i.e. to protect our business, interests and rights
Operational reasons, such as improving efficiency, training and quality control
For our legitimate interests, i.e. to be as efficient as we can so we can deliver the best service to you at the best price
Ensuring the confidentiality of commercially sensitive information
Depending on the circumstances:
• for our legitimate interests, i.e. to protect trade secrets and other commercially valuable information;
• to comply with our legal and regulatory obligations
Preventing unauthorised access and modifications to systems
Depending on the circumstances:
• for our legitimate interests, i.e. to prevent and detect criminal activity that could be damaging for you and/or us;
• to comply with our legal and regulatory obligations
Protecting the security of systems and data used to provide the services
To comply with our legal and regulatory obligations
We may also use your personal data to ensure the security of systems and data to a standard that goes beyond our legal obligations, and in those cases our reasons are for our legitimate interests, i.e. to protect systems and data and to prevent and detect criminal activity that could be damaging for you and/or us
Updating and enhancing customer records
Depending on the circumstances:
• to perform our contract with you or to take steps at your request before entering into a contract;
• to comply with our legal and regulatory obligations;
• for our legitimate interests, e.g. making sure that we can keep in touch with our customers about existing orders and new products
Ensuring safe working practices, staff administration and assessments
Depending on the circumstances:
• to comply with our legal and regulatory obligations;
• for our legitimate interests, e.g. to make sure we are following our own internal procedures and working efficiently so we can deliver the best service to you.
Marketing our services to:
• existing and former customers;
• third parties who have previously expressed an interest in our services;
• third parties with whom we have had no previous dealings.: For our legitimate interests, i.e. to promote our business to existing and former customers.
To share your personal data with third parties that will or may take control or ownership of some or all of our business (and professional advisors acting on our or their behalf) in connection with a significant corporate transaction or restructuring, including a merger, acquisition, asset sale, initial public offering or in the event of our insolvency
In such cases information will be anonymised where possible and only shared where necessary
Depending on the circumstances:
• to comply with our legal and regulatory obligations;
• in other cases, for our legitimate interests, i.e. to protect, realise or grow the value in our business and assets
How and why we use your personal data—Special category personal data
Certain personal data we collect is treated as a special category to which additional protections apply under data protection law. For example, we may collect either directly or indirectly personal data relating to:
• a Player’s health where this is relevant to us providing our services (e.g. a Player tells us they are injured and the nature of their injury)
• a Player’s race or religion, where this is disclosed to us or is made apparent in footage of that Player provided to us.
Where we process special category personal data, we will also ensure that we are permitted to do so under data protection laws. Usually this will be on the basis of you giving your consent for us to do so, but may also include:
• where the processing is necessary to protect your (or someone else’s) vital interest here you are incapable of legally giving consent; or
• the processing is necessary to establish, exercise or defend legal rights or claims.
Marketing
We will use your personal data to send you updates (by email, text message, telephone or post) about our services, including exclusive offers, promotions or new services.
We have a legitimate interest in using your personal data for marketing purposes (see above ‘How and why we use your personal data’). This means we do not usually need your consent to send you marketing information. If we change our marketing approach in the future so that consent is needed, we will ask for this separately and clearly.
You do, however, have the right to opt out of receiving marketing communications at any time by:
• contacting us using the details provided below (see ‘How to contact us’); or
• using the ‘unsubscribe’ link in emails.
We may ask you to confirm or update your marketing preferences if you ask us to provide further and services in the future, or if there are changes in the law, regulation, or the structure of our business.
We will always treat your personal data with the utmost respect and never sell it with other organisations for marketing purposes.
Who we share your personal data with
We routinely share personal data with:
• third parties we use to help deliver our services, e.g. external coaches, payment service providers, video call service providers;
• if you are a Player, the sports club or organisation of which you are a member, or the agency who is purchasing our services on your behalf;
• other third parties we use to help us run our business, e.g. marketing agencies or website hosts; and
• our banks.
We only allow those organisations to handle your personal data if we are satisfied they take appropriate measures to protect your personal data.
We or the third parties mentioned above occasionally also share personal data with:
• our and their external auditors, e.g. in relation to the audit of our or their accounts, in which case the recipient of the information will be bound by confidentiality obligations;
• our and their professional advisors (such as lawyers and other advisors), in which case the recipient of the information will be bound by confidentiality obligations;
• law enforcement agencies, courts, tribunals and regulatory bodies to comply with our legal and regulatory obligations;
• other parties that have or may acquire control or ownership of our business (and our or their professional advisers) in connection with a significant corporate transaction or restructuring, including a merger, acquisition, asset sale, initial public offering or in the event of our insolvency—usually, information will be anonymised but this may not always be possible. The recipient of any of your personal data will be bound by confidentiality obligations.
Who we share your personal data with – further information
Ordered by: Recipient; Processing operation (use) by recipient; Relevant categories of personal data transferred to recipient
Microsoft Limited, a company registered in England and Wales with company number 01624297 and having its registered office address at Microsoft Campus, Thames Valley Park, Reading, Berkshire, RG6 1WG
Video calling services: We use Microsoft Teams to deliver our online coaching sessions to you and we use Microsoft OneDrive to store footage provided by you
Your name as shown on team, your email address and any personal data which is readily available in the video footage processed through Microsoft Teams,
Data storage: We use Microsoft OneDrive to store footage you provide to us for our use as part of our services
Any of the personal data we collect about you which is readily available in the sports footage provided to us
In-Play Sports Ltd, a company incorporated in England and Wales with company number 10010527 and having its registered office address at Suite 2 & 3, Prime Business Centre Millfield Industrial Estate, Bentley, Doncaster, South Yorkshire, England, DN5 0SJ
Data hosting services: we use the In-Play Sports online platform to store footage of you playing your sport to allow us to take clips of the footage you provide in order to annotate this as part of the services we provide to you.
Any of the personal data we collect about you which is readily available in the sports footage provided to us
WeTransfer B.V., registered at the Dutch Chamber of Commerce under registered number 34380998 and having its main office address at Keizersgracht 281, 1016 ED Amsterdam, the Netherlands
File sharing services: We use WeTransfer’s file sharing service to enable you to send us footage of you playing your sport, and to send you your personal improvement plan and footage of you playing which we have annotated as part of our services
Your email address and name, to enable us to share files with you and enable you to share files with us
If you would like more information about who we share our data with and why, please contact us (see ‘How to contact us’ below).
Where your personal data is held
Personal data may be held at our offices and those of our third party agencies, service providers, representatives and agents as described above (see above: ‘Who we share your personal data with’).
Some of these third parties may be based outside the UK/EEA. For more information, including on how we safeguard your personal data when this happens, see below: ‘Transferring your personal data out of the UK and EEA’.
How long your personal data is kept
It is sometimes necessary for us to transfer your personal data to countries outside the UK and EEA. In those cases we will comply with applicable UK and EEA laws designed to ensure the privacy of your personal data.
We may transfer your personal data to:
• where you are a Player being represented by an agency or a sports club or organisation outside of the UK, to the relevant body outside of the UK;
• our service providers outside of the UK, such as Microsoft, and our payment processing providers on our website.
We will also transfer your personal data from the EEA to the UK.
Under data protection laws, we can only transfer your personal data to a country outside the UK/EEA where:
• the UK government has decided the particular country ensures an adequate level of protection of personal data (known as an ‘adequacy regulation’) further to Article 45 of the UK GDPR. A list of countries the UK currently has adequacy regulations in relation to is available at https://ico.org.uk/for-organisations/uk-gdpr-guidance-and-resources/international-transfers/international-transfers-a-guide/#adequacy. We rely on adequacy regulations for transfers to the USA;
• in the case of transfers subject to EEA data protection laws, the European Commission has decided that the particular country ensures an adequate level of protection of personal data (known as an ‘adequacy decision’) further to Article 45 of the EU GDPR. A list of countries the European Commission has currently made adequacy decisions in relation to is available at https://commission.europa.eu/law/law-topic/data-protection/international-dimension-data-protection/adequacy-decisions_en;
• there are appropriate safeguards in place, together with enforceable rights and effective legal remedies for you; or
• a specific exception applies under relevant data protection law.
Where we transfer your personal data outside the UK or EEA, we do so on the basis of an adequacy regulation or (where this is not available) an alternative transfer mechanism, including but not limited to:
• your consent to the transfer;
• it is necessary to establish, exercise or defend legal claims;
• the transfer is necessary for the conclusion or performance of the contract; or
• there are important reasons of public interest.
In the event we cannot or choose not to continue to rely on any of those mechanisms at any time, we will not transfer your personal data outside the UK/EEA unless we can do so on the basis of an alternative mechanism or exception provided by UK data protection law and reflected in an update to this policy.
Any changes to the destinations to which we send personal data or in the transfer mechanisms we rely on to transfer personal data internationally will be notified to you in accordance with the section on ‘Changes to this privacy policy’ below.
If you would like further information about data transferred outside the UK/EEA, please contact us using the details below (see ‘How to contact us’ below.)
Your rights
Data subjects have the following rights, which can be exercised free of charge:
Access
The right to be provided with a copy of your personal data
Rectification
The right to require us to correct any mistakes in your personal data
Erasure (also known as the right to be forgotten)
The right to require us to delete your personal data—in certain situations
Restriction of processing
The right to require us to restrict processing of your personal data in certain circumstances, e.g. if you contest the accuracy of the data
Data portability
The right to receive the personal data you provided to us, in a structured, commonly used and machine-readable format and/or transmit that data to a third party—in certain situations
To object
The right to object:
—at any time to your personal data being processed for direct marketing (including profiling);
—in certain other situations to our continued processing of your personal data, eg processing carried out for the purpose of our legitimate interests unless there are compelling legitimate grounds for the processing to continue or the processing is required for the establishment, exercise or defence of legal claims
Not to be subject to automated individual decision making
The right not to be subject to a decision based solely on automated processing (including profiling) that produces legal effects concerning you or similarly significantly affects you
The right to withdraw consent
If you have provided us with a consent to use your personal data you have a right to withdraw that consent easily at any time
You may withdraw consent by:
• contacting us using the contact details below (see ‘How to contact us’ below); or
• in relation to marketing consent, using the ‘Unsubscribe’ link in emails form us, or contacting us.
Withdrawing consent will not affect the lawfulness of our use of your personal data in reliance on that consent before it was withdrawn
Keeping your personal data secure
We have appropriate security measures to prevent personal data from being lost accidentally, or used or accessed unlawfully. We limit access to your personal data to those who have a genuine business need to access it. Those processing your personal data will do so only in an authorised manner and are subject to a duty of confidentiality.
We also have procedures to deal with any suspected data security breach. We will notify you and any applicable regulator of a suspected data security breach where we are legally required to do so.
How to complain
Please contact us if you have any queries or concerns about our use of your personal data (see ‘How to contact us’ below). We hope we will be able to resolve any issues you may have in the first instance.
You may also have the right to lodge a complaint with the Information Commissioner (the UK data protection regulator) and/or the relevant supervisory authority in your jurisdiction. Please contact us if you would like further information.
For a list of EEA data protection supervisory authorities and their contact details see https://www.edpb.europa.eu/about-edpb/about-edpb/members_en.
We may change this privacy notice from time to time — when we do we will endeavour to inform you via our website or other means of contact such as email.
Updating your personal data
We take reasonable steps to ensure your personal data remains accurate and up to date. To help us with this, please let us know if any of the personal data you have provided to us has changed, e.g. your surname or address—see below ‘How to contact us’.
How to contact us
You can contact us by post, email or telephone if you have any questions about this privacy policy or the information we hold about you, to exercise a right under data protection laws or to make a complaint.
Our contact details are:
Post: 272 Bath Street, Glasgow, Scotland, G2 4JR
info@trutactics.com
SECTION THREE: CHILDREN'S PRIVACY POLICY:
We have set out below the way in which we collect information about you and the way in which we will use that information.
We are Trutactics Limited and we provide the services of analysing sports footage and helping sports players improve their performance. Click here for more information about us.
If you are a young sports player we provide our services to, we will collect certain information about you. In this privacy policy, that information is called ‘your information’. We are also responsible for making sure we look after your information as the law says we should.
This privacy policy is intended for children below the age of 16. If you struggle to understand this information, we recommend you ask your parent or an adult you trust to help you to read and understand it.
This privacy policy tells you:
• how we collect, store, use and share your information and why we do it.
• what rights you have over your information.
• how to contact us or what you should do if you think we have done something wrong with your information.
The information we collect about you
We collect and use this information about you:
• your name.
• your date of birth.
• whether you are a boy or a girl (if you choose to share this with us).
• the sports club you are playing for.
• your parents’ (or other guardians’) names and contact information.
• your payment card information (where you are purchasing the services from us)
• your parent’s or guardian’s payment card information (where they are paying us for the services).
• videos of you taking part in your sport which we use to analyse and help you improve as a player.
Unless we tell you that you have a choice, we need to collect and use this information to provide our services to you.
Sometimes, you’ll be able to have a choice of whether you want to give us certain information about you and let us use it. If this is the case, we will tell you and ask if you want to say no before you give the information to us. If this has an effect on the services we can provide to you, we will also tell you this.
The information we collect about you
The reasons we may use your information are:
• the law says we must.
• we have agreed to provide you with a service.
• we have a good reason to use your information and that use doesn’t go against any of the important rights that you have over your information (this type of good reason is described by the law as our ‘legitimate interests’). If this is the case, we will think carefully about our needs and your needs to make sure we are being fair and have got the balance right. You can ask for us to explain the reasons that we have for using your information by contacting us (see ‘How to contact us’ below).
• because your parent or guardian has given consent for us to collect and use your information.
Some information we collect about you may also be treated as a special category of your information. We give this special category information more protections as required by law. Some of the special category information we may collect (either directly from you or your parent or guardian, or indirectly) includes information about your health (for example, if we are told you’re injured and can’t play your sport), or your race or nationality (for example, we may learn this from footage provided to us for our use as part of our services).
The table below explains what we use your information for and why we are allowed to use it:
What we use your information for and Why we are allowed to use it
Providing our services to you: We have a good reason, which is to deliver the best service to you
Making sure we know who you are and keeping that information up to date. Because:
• we have agreed to provide you with a service;
• the law says we must, or
• we have a good reason, e.g. making sure we can keep in contact with you
To make or defend legal claims. Either because:
• the law says we must, or
• we have a good reason, which is to protect people and their rights
To protect computers and the information they hold: The law says we must. We also use your information to provide more protections than required by law where we have a good reason to prevent criminals causing harm to you, us or other people.To protect computers and the information they hold.
To protect computers and the information they hold: The law says we must. We also use your information to provide more protections than required by law where we have a good reason to prevent criminals causing harm to you, us or other people.To protect computers and the information they hold.
Other things that the law tells us we must do, for example, to record your parent’s or guardian’s consent to our use of your information. The law says we must.
To share your information with others in connection with major changes to our business, such as if we want to sell our business to someone else. If we did share your information in this way, we would change it so that no one could work out that the information was about you if we can and we would only share it where it was necessary
Either because:
• the law says we must, or
• we have a good reason, which is to protect, get or grow the value in our business.
Sometimes we also have to share your information with other people. Please see below (‘Who we share your information with’) for more information.
Who we share your information with
We usually share your information with:
• other companies we work with to help us run our business or provide our services, such as the businesses who help us run our website, or business which help process payments for our services.
• a company called Microsoft Limited which we use to:
◦ have video calls with you and/or your parents or guardians as part of our services, through a product called Microsoft Teams.
◦ store footage of you playing your sport on an online filing system, through a product called Microsoft OneDrive.
• a company called In-Play Sports Ltd, which provides us with a tool we use to store and take clips of footage provided of you playing your sport.
• a company called WeTransfer B.V., which we ask you to use to send us footage of you playing your sport, and which we use to send you your personal improvement plan and footage of you playing your sport which we have marked up to give you advice on how to improve as a player.
If we share your information in this way, we will ask the people or companies that we share it with to agree that they will take care of it. We will tell them not to look at or use your information unless they have a good reason to, and they have to try hard to prevent anyone from getting access to it.
We and the companies and people we share your information with also share your information with others if the law says we must (for example the police and other people that make sure laws are followed).
If you would like more information about who we share your information with and why, you can also contact us (see below at ‘How to contact us’).
How long we keep your information
Different bits of your information will be kept for different periods of time. We will keep your information as long as we have a need to (for example, if we are still providing our services to you). Once we no longer need to keep your information, we will safely delete it or change it so that it can no longer be linked to you.
Sending your information outside of the UK
Countries outside the United Kingdom (UK) have different laws to protect information. In some countries the laws that protect information provide less protection than the laws that we have in the UK.
We sometimes need to send your information to countries outside the UK. This could be because you are receiving our services from outside of the UK and so we need to transfer your personal information outside of the UK to make our services available to you.
The law in the UK says that we are only allowed to do transfer your information outside of the UK if the law in the other country gives enough protection for your information.
We will only send your information to a country outside the UK if UK law says there are good enough protections in place for your information—either because:
• the UK has decided that the law in the country that your information is sent to is strong enough, which is the case for most countries in Europe, and the USA.
• your parent or guardian has given us consent to do so.
• we have a written agreement with the company in the other country that UK law says is good enough to protect your information.
You can also ask us for more information about how we send it and about the way in which it is protected by contacting us (see below ‘How to contact us’).
We will let you know about any big changes to this information as explained in the section on ‘If we change how we use your information’.
Your rights over your information
These are the things that, in most cases, you can ask us to do with your information (normally without paying anything):
• You can ask for a copy of your information.
• You can ask us to correct any mistakes or things that we have got wrong about you in your information.
• You can ask us to delete your information (but sometimes we can lawfully refuse)
• You can ask us to limit the use of your information sometimes, for example, if you think the information we have is not correct.
• You can ask us to send you a copy of your information in a form that can be easily used on a computer or for us to send a copy of your information to someone else (such as another company) in certain situations.
• You can say that you never want us to use your information to try and sell things. In some situations you can also ask us to stop using your information for other reasons. We do not try to sell our services to anyone under 18 using your information.
• You also have the right not to have a computer make a big decision about you without any human being a part of that decision. We do not make any such decisions using your information.
For further information on any of your rights, including when they apply, please contact us (see below ‘How to contact us’). When you or your parent or legal guardian contact us please send us enough information to let us know who you are (e.g. your full name, address or customer reference number) and let us know which right(s) you want to use and what information your request is about.
You or your parent or guardian may also find it helpful to read the guidance given by the UK’s Information Commissioner at https://ico.org.uk/for-the-public/.
How to complain if you are not happy with how we are using your information
You (or your parent or guardian) can contact us if you or they have any questions or worries about our use of your information. We will reply and try to put right anything that needs fixing in the first instance. Please see ‘How to contact us’ below for our contact details.
You also have the right to complain to the Information Commissioner in the UK, or the equivalent in your country if you are not based in the UK. The UK Information Commissioner is the person that the government has made responsible for making sure we use your information in the way UK law tells us to and can be contacted at https://ico.org.uk/make-a-complaint.
If you are based in Europe, the equivalent person to contact may be found here: https://www.edpb.europa.eu/about-edpb/about-edpb/members_en.
If we change how we use your information
We might make changes to the way that we protect or use your information. If they are big changes we will let you know, for example by email.
How to contact us:
You, or your parent or guardian, can contact us to ask us anything about the information we have given you or the information we hold about you, to exercise a right over your information or to make a complaint.
Our contact details are shown below:
Address: 272 Bath Street, Glasgow, G2 4JR
Email: info@trutactics.com