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Last modification: February 06, 2020
WARNING: THE ENGLISH VERSION OF THE TERMS AND CONDITIONS IS FOR PURELY INFORMATIONAL PURPOSE. SHOULD ANY CONTRADICTION ARISE BETWEEN THE ENGLISH VERSION AND THE SPANISH VERSION, THE LATTER SHALL ALWAYS PREVAIL.
Thanks for visiting this website.
Read carefully the Terms and Conditions contained in this document, since the use of this website implies express and full acceptance of them, in the version published at the time you access it. We recommend that you read this document carefully every time you access the website to check if there have been changes in the conditions of use and leave it if you do not agree with these changes.
The whole text of the present Terms of Use, has been written in Spanish and English, both versions being deemed authentic, but for legal purposes the text in Spanish is to be given priority of interpretation.
Tracktherace.com, hereinafter THE WEB or THE SERVICE, is a web platform that allows organizers of sporting events, hereinafter THE ORGANIZER, to promote and manage their events. Track the life, S.L.U., hereinafter THE COMPANY, is the owner and creator of THE SERVICE. THE SERVICE provides THE ORGANIZER with the necessary functionalities to manage the registrations and payments of the participants of their tests, as well as the real-time monitoring of the competition, locating the participants on a map that will be dynamically updated during the competition.
THE COMPANY, in compliance with the duty of information set forth in article 10 of Law 34/2002, of July 11th, on Services of the Information Society and Electronic Commerce, informs you that: THE SERVICE has been created and belongs to Track the life, S.L.U., with registered office at 'Avda. Monelos, 77-79 8ºIzda. 15009, A Coruña ', telephone +34 622 775 510 and email address [email protected]. THE COMPANY is registered in the Mercantile Register of A Coruña on March 1, 2018, in Volume 3.641 of the Archive, General Section, document 170, sheet C-56.613, first registration, and fiscally identified by the Ministry of Economy and Treasury of Spain with the VAT identification number: B-70.547.955.
Access and/or use of THE SERVICE attributes the condition of USER, who accepts, from such access and/or use, the terms included in these Terms of Use and in the Privacy Policy of the SERVICE, which may be modified. These Terms of Use will apply regardless of the General Conditions of Contract that in their case are mandatory.
Tracktherace.com provides access to its services and data (belonging to THE COMPANY) in Internet. THE USER assumes responsibility for the use of the portal. This responsibility is extended to the registration that is necessary to access certain services or contents. In this registry THE USER guarantees that the data and information provided are his/her own and will be responsible for providing truthful and lawful information. As a result of this registration, THE USER will establish a password for which he will be responsible, committing himself to make diligent and confidential use of it.
THE USER must be at least 16 years old in order to register and use THE SERVICE, otherwise, his/her parent or legal guardian would have to be the one that accepts these terms of use and the one that made the registration of the minor.
THE USER undertakes to make appropriate use of the contents and services that THE COMPANY offers through its portal and with an enunciative but not limiting character, not to use them to (i) engage in illicit, illegal or contrary to good faith and to public order activities; (ii) spread content of a racist, xenophobic, pornographic-illegal nature, advocating terrorism or attacking human rights; (iii) causing damage to the physical and logical systems of THE COMPANY, its suppliers or third parties, introducing or spreading computer viruses or any other physical or logical systems that are capable of causing the aforementioned damage; (iv) try to access and, in that case, use the email accounts of other users.
THE COMPANY reserves the right to withdraw all those data and contributions that violate respect for the dignity of the person, that are discriminatory, xenophobic, racist, pornographic, that attempt against youth or childhood, order or public safety or that, in their judgment, they will not be suitable for publication.
In any case, THE COMPANY will not be responsible for the opinions expressed by the users through any participation tools provided by THE SERVICE and THE USER will respond to the COMPANY or to third parties, for any damages that may be caused as a consequence, of the breach of such obligation. THE COMPANY is not responsible for the misuse that users may make of the contents of this website, being the sole responsibility of the person who accesses or uses them.
THE USER may register for sporting events managed by THE SERVICE by purchasing a right of participation or registration in the event and thereby becoming THE BUYER. The information regarding the event, the number of places and the payment methods available, as well as the price of the registrations will be set by THE ORGANIZER himself and it will be their obligation to review such information.
THE BUYER authorizes THE SERVICE to debit, through the payment system used for the purchase process, the total amount of the price set by THE ORGANIZER. When THE BUYER makes the payment by credit or debit card, or through PayPal, THE SERVICE will send a confirmation email to THE BUYER, containing the details of the transaction made and that will serve as proof of the transaction. Once the payment is made, THE BUYER can not desist or revoke it.
From this moment, the contractual relations concerning the sporting event will be established between THE BUYER and THE ORGANIZER. THE COMPANY and THE SERVICE simply act on behalf of THE ORGANIZER and therefore is not responsible for the breaches of this in its relationship with THE BUYER who is enrolled in their event. It is the BUYER's obligation to inquire about the general conditions of the event and of the ORGANIZER before to enroll in the event.
When THE USER enrolls in an event in which THE ORGANIZER has been contracted with THE COMPANY the tracking service, THE USER accepts that their geoposition data during the race ve captured and stored by THE SERVICE. THE USER also accepts that this information is published on the tracking page of the event on Tracktherace.com, both for its real-time as for its future reproduction (including dorsal and its name and surname, which can be omitted if THE USER requests it). In order to provide his/her geolocation information, THE USER will voluntarily carry a GPS devices enabled for such function and that THE COMPANY and THE ORGANIZATION agree as valid for the event, that could be: (i) a mobile phone with the Tracktherace app installed in it (ii) a GPS tracker that sends the positions in live through the GPRS network or using data transmission satellites; (iii) a GPS logger that stores the USER's positions and which data would be uploaded to THE SERVICE, once the event has been finished.
A USER may contract with THE COMPANY the management of a sporting event through THE SERVICE, thus becoming an ORGANIZER. THE SERVICE may provide THE ORGANIZER (depending on the agreement reached in the contract) the promotion of the event in THE SERVICE, the needed features to manage the registrations and the payments of the BUYERS, as well as the real-time monitoring of the competition.
THE ORGANIZER must assign the rights of exploitation of the contents (data, images, videos and other contents) provided to THE COMPANY and THE SERVICE about the sporting event that they wish to promote through THE SERVICE. This assignment is made for everyone, with the possibility of assignment to third parties and without a time limit. THE SERVICE will make use of them in a loyal and not excessive way and only in commercial actions linked to THE ORGANIZER, THE SERVICE or THE COMPANY or in non-commercial actions.
In that cases in which THE SERVICE provides the registration management system for a event, THE ORGANIZER authorizes THE COMPANY to manage the payments of the registrations through THE SERVICE. THE ORGANIZER will determine the prices of the registrations, that THE SERVICE will charge as such to THE BUYERS, independently of the prices and/or commissions of the services that are agreed between THE COMPANY and THE ORGANIZER. When the payment of an registration must be reimbursed to THE BUYER, THE COMPANY will also charge the ORGANIZER the agreed fees according to the type of payment (even in the case of cancellation of the event).
THE ORGANIZER can choose the available payment methods for their event (credit card, PayPal or bank transfers) that is offered to THE BUYER. THE ORGANIZER declares that he/she knows that payments with a debit or credit card has the risk of being canceled by THE BUYER or not being made due to lack of funds, and therefore he/she has all responsibility and risk with this payments. If any transaction has to be returned for reasons of cancellation or lack of funds, THE ORGANIZER must bear all costs: registration fee, service fee and other financial costs that may arise.
When the registration payments are subject to taxes, it shall be the responsibility of THE ORGANIZER to determine its type and amount and include them in the final price charged to THE BUYER.
THE COMPANY is responsible for the payment to THE ORGANIZER of the registrations sold, in the time and manner agreed upon. THE COMPANY can deduct in the payment to THE ORGANIZER the amount that is invoiced for the agreed and provided services.
When an event is canceled or modified and THE BUYER claims the return of his payment, THE SERVICE, upon express request of THE ORGANIZER, will make the refund from its account and on behalf of THE ORGANIZER. THE SERVICE performs this process on behalf of and by order of THE ORGANIZER, therefore he exempts THE SERVICE and THE COMPANY from all responsibility in this regard. In addition, THE ORGANIZER must communicate the cancellation of the sporting event to the enrolled users as soon as possible. In any case, the financial costs derived from these operations will be assumed by THE ORGANIZER. If the payment to THE ORGANIZER had been made in advance, the responsibility to make the payment of the returns will be assumed by THE ORGANIZER exclusively.
The user that has a Tracktherace GPS device in rental mode, hereinafter THE LESSEE, will agrees with THE COMPANY, hereinafter THE LESSOR, the payment for the monthly service directly in his/her account. This payment will be charged to his/her account between the first and fifth days of each month to be invoiced.
If THE LESSEE reject a debt corresponding to a service provided under the conditions agreed upon with THE LESSOR, it will cause THE LESSEE a new charge of fifteen (15) Euros to cover the costs of the rejected receipt.
THE COMPANY excludes, to the extent permitted by the legal system, any liability for damages of any kind that may result of use THE SERVICE, for example: errors or omissions in the content, lack of availability of the service or transmission of viruses or malicious programs in the content, despite having adopted all necessary technological measures to avoid it.
THE COMPANY keeps the right to do the modifications it deems appropriate in THE SERVICE without prior notice. It may change, delete or add both the content and services provided and also the way in which they are presented or located in the same.
THE SERVICE has reasonable technical resources to provide safe navigation and protect all the information gathered. However, you should bear in mind that, even if we apply and implement measures to protect your information, no web page, webcast, computer system or wireless connection is absolutely safe. THE COMPANY will not be responsible in cases of interruption of service, malfunctioning or any inconvenience that can happen for causes beyond the company. Likewise, we exclude from any liability for damages derived from the appearance of computer viruses or any type of incident originated or introduced in the computer system through hackers or third parties that intentionally access our website integrity.
Links to other websites:
For your convenience, THE SERVICE contains links to other pages that may have different privacy policies. We recommend that you review their corresponding data protection clauses. Under no circumstances should personal data be exchanged with any external page. We are neither responsible for the content, nor for any other aspect related to web pages belonging or directed by third parties. We also inform you that we cannot exercise any control over its maintenance and content, therefore, we cannot guarantee that the hyperlinks, pointers or other link functions arranged in those sites are correct at the time of their access and are free of viruses or other damaging elements that could cause damage or alterations in your computer equipment.
A cookie is a file that is downloaded to the user's device when accessing certain web pages to store and retrieve information about the navigation that is performed from such computer.
Cookies allow such website, among other things, to store and retrieve information about the user's decisions and habits. At Tracktherace.com we use them to personalize the experience within our websites, identify and remember the registered user and facilitate navigation. It is important to highlight that the use of cookies does not provide personal data of the user, which for Tracktherace.com remains anonymous.
The user can configure his/her browser to not accept the use of cookies, in which case the personalization of the experience would not apply although he can still access the contents of our websites normally.
In the Wikipedia page (https://en.wikipedia.org/wiki/HTTP_cookie), it is possible to get more information about what cookies are and how they work
What kind of cookies does Tracktherace.com websites use?
Cookies, depending on their permanence, can be divided into session or permanent cookies. The first ones expire when the user closes the browser. The second ones expire depending on when the purpose for which they serve is fulfilled (for example, so that the user remains identified in the webs and services of Tracktherace.com) or when they are manually deleted.
Additionally, depending on its purpose, cookies can be classified as follows:
Performance cookies: This type of cookie remembers your preferences for the tools found in the services, so you do not have to reconfigure the service each time you visit. As an example, this typology includes:
Geolocation cookies: these cookies are used to find out what country you are in when a web or service is accessed. This cookie is completely anonymous, and is only used to help guide the content to your location.
Registration cookies: registration cookies are generated once the user has registered or subsequently opened their session, and are used to identify you on the web and services with the following objectives:
Analytical cookies: Each time a user visits a Web or Service, a tool from an external provider (Google Analytics) generates an analytical cookie on the user's device. This cookie that is only generated during the visit, will serve in future visits to the services of Tracktherace.com to identify the visitor anonymously. The main objectives of this type of coockes are:
Important: Unless the user decides to register on any Tracktherace.com website, the cookie will never be associated with any personal data that can identify him/her. These cookies will only be used for statistical purposes that help optimize the experience of users on the site.
More information on the privacy policy of these analytical tools in Google Analytics
How to disable cookies in the browser?
Most browsers currently allow the user to configure if they wish to accept cookies and which ones. These settings are usually found in the options or Preferences of your browser's menu.
These are the instructions to configure cookies in the main browsers:
With the express acceptance of these Terms of Use, the user consents to the treatment of the information collected in the manner and for the purposes mentioned in the section on the type of cookies used by this website. And also recognizes to kwon the possibility of blocking the processing of such data or information by rejecting the use of Cookies by selecting the appropriate settings for this purpose in his/her browser. Although this option to block cookies in your browser may not allow full use of all the features of the website.
The whole of this website (product description, text, images, brands, logos, buttons, files, colors, as well as structure, selection, arrangement and presentation of its contents) are property of THE COMPANY or from third parties that have licensed or authorized us for their use. All the logos, brands and designs that appear on this website are part of the intellectual property rights registered by us, remaining prohibited any form of exploitation, that is, reproduction, distribution, public communication and transformation without express authorization. The user undertakes to use the contents diligently, correctly and lawfully and, in particular, undertakes to refrain from deleting or manipulating copyright and other identifying information of the rights of THE COMPANY or its headlines incorporated into the contents, as well as the technical devices of protection or any information mechanisms that could be included in the contents. Also the user will refrain from using the contents and, in particular, information of any kind obtained through the site to send advertising, communications for commercial purposes, messages not requested to a plurality of people regardless of their purpose, as well as to refrain from marketing or disclosing in any way such information. Likewise, THE COMPANY may establish, if it considers it timely, without prejudice to the sole and exclusive responsibility of the Users, the necessary filters in order to avoid that through their web pages they can content or opinions, considered racist xenophobic, discriminatory, pornographic, defamatory or that, of any mode, encourage violence or the dissemination of clearly illicit content or harmful. https://tracktherace.com is a domain registered by THE COMPANY and cannot be used, unless express prior authorization.
We understand that the privacy and security of your personal information is extremely important. Therefore, this policy establishes what we do with your information and what we do to keep it safe. It also explains where and how we collect your personal information, as well as your rights to any personal information we have about you.
What is the new Data Protection Regulation?
It is a new European regulation. This Regulation unifies criteria of confidentiality and treatment of personal data at the community level and adapts its management to new digital environments, such as internet and mobile applications. This way, you will have more control over your data.
When will the new regulations be applicable?
The regulation entered into force on 24 May 2016 and applies since 25 May 2018.
What changes will it make for you?
European regulations add new rights to those included in the current Spanish regulations. For this reason, we must update information at your disposal about our company's data protection measures. We will also request your authorization to process your data in some new cases. In this way, we can offer you a service more adapted to your needs.
What measures have we taken to ensure the confidentiality, integrity and security of your data?
LEGAL BASES FOR THE COLLECTION AND USE OF INFORMATION
If you are an individual in the European Economic Area (EEA), our legal basis for the collection and use of information depends on the personal information in question and the context in which we collect it. Most of our information collection and processing activities are generally based on: 1) a contractual need; 2) one or more legitimate interests of THE COMPANY or a third party that is not annulled by your data protection interests or 3) your consent. Sometimes, we will have a legal obligation to collect your information or we will need your personal information to protect your vital interests or those of another person.
TREATMENTS
We will explain, below, how we collect, use, disclose, transfer and store your information. This Privacy Policy is applicable to personal information collected through our website. It is important that you frequently check the Privacy Policy in case it has been updated.
All users who access our website will be able to know all its content without the need to provide any personal information. Your personal data will only be collected when you voluntarily complete our form (s). In this case, the user guarantees the authenticity, accuracy and veracity of the information provided, committing to keep personal data updated so that they respond, at all times, to their real situation. The user will be solely responsible for false or inaccurate statements and damages that they may cause. Through this means of communication you expressly accept to receive periodic communications only from the entity, which will keep the personal data that you receive from users through the website in total secrecy, guaranteeing their confidentiality, and will adopt the necessary technical measures to avoid any alteration, loss, misuse, or unauthorized access to this data.
Likewise, we inform you that all data provided through electronic forms and / or by email are strictly necessary for the correct identification of the sender. This information will be treated with strict confidentiality and with the sole purpose of managing information requests or budgets. You are informed and give your full express consent to use your data for activities related to the corporate purpose of the entity.
How do we use your data?
We may use your personal data as follows: the information you provide us can help us in making decisions, responding to requests, improving services, detecting new needs, generating promotions, understanding your expectations and providing you with a better service. We may also use your data for the following steps.
Specific reason: If you provide your personal data for a specific purpose, we will use them for the purpose related to the purpose for which they were provided. For example, if you contact us by email, we will use the personal data you provide to answer your question or solve the problem, and we will respond to the email address from which the message was sent.
Internal purposes: We may use your personal data for internal purposes such as, for example, to rely on them in order to improve the content and functionality of services, better understand the needs of our customers, improve services, protect, identify or address fraudulent activities. , strengthen our terms of service, manage your account and provide customer service and, in general, manage the services and our commercial activity, among others.
Commercial Communications: Whenever we have your express consent (which will be obtained through an exclusive box present in our forms), we may use your personal data to contact you in the future for the realization of commercial actions that may be of interest, always related with the products and / or services offered by the company. In any case, you will always have the option "stop receiving" these electronic messages at the bottom of these messages or notify us by sending an email to the following address: [email protected]. However, you may continue to receive notices and emails whenever they are necessary and essential for the maintenance of our contractual transactions.
Next, we explain in more detail what types of data are collected and processed and what are their purposes:
| CATEGORY | PURPOSE |
|---|---|
| Visitor User | Usability and quality analysis for the improvement of our services |
| User who contacts us | Attend and answer the communications or requests received through email or contact form |
| Registered user | Processing and registration of users on our website to allow access and self-management of the user account by the user. |
| Ecommerce Client | Process, manage, send, invoice and collect the sale of those products or services that have been acquired by the customer; manage the commercial communications of the dissemination list on a regular basis about news, publications, offers, promotions, events and other information. |
| User of the broadcast list | Management of commercial communications of the dissemination list in order to make regular communications about news, publications, events and other information related to our activities. |
The legal bases are linked to the purposes of the previous point
| CATEGORY | PURPOSE |
|---|---|
| Visitor User | The consent given by accepting cookies or by continuing to browse our website. |
| User who contacts us | Our legitimate interest in responding to the queries and requests of the interested party, justified by the interest shown in contacting and receiving information to a minimum interference with their privacy and the use of data limited and provided by the user. |
| Registered user | Consent requested when you register as a user on our website. The interested party may withdraw the consent at any time. In no case will the withdrawal of consent condition the provision of other services. In case of not providing the necessary data it will not be possible to process the user registration. |
| Ecommerce Client | Execution of a sales contract according to the terms and conditions that appear in our general sales conditions on our website. In case of not providing the necessary data, it will not be possible to contract; consent that is requested when you subscribe to the broadcast list. The interested party may withdraw the consent at any time. In no case will the withdrawal of consent condition the provision of other services. |
| User of the broadcast list | Consent requested when you subscribe to the broadcast list. The interested party may withdraw the consent at any time. In no case will the withdrawal of consent condition the provision of other services. |
Data provided voluntarily by the interested party
| CATEGORY | DATA |
|---|---|
| Visitor User | IP, navigation data. |
| User who contacts us | Data provided by the interested party |
| Registered user | Name, surname, email, identity card, address, bith date, telephone, gender |
| Ecommerce Client | Same data that registered users and other specific data requested by the organizer of the event to which you register |
| User of the broadcast list | Name, surname, telephone |
How do we store your data?
We may store your data or transfer it to a third party that will store it in accordance with this Privacy Policy. We adopt the measures we consider reasonable to protect personal data against loss, misuse, unauthorized use, unauthorized access, involuntary disclosure, modification and destruction. However, there are no networks, servers, databases or Internet or email transmissions that are completely secure or error-free. In the event that there is a violation of the security of the data that is in our custody, we will take all necessary measures to mitigate its consequences and notify this fact to the Control Authority, together with all the relevant information for the documentation and communication of the incident.
CONSENT
The consent of the interested party, according to what is stated in the data protection regulations, is a free communication by the interested party for which they accept that their data is processed, for a specific purpose, under certain conditions, of which you have to be previously informed.
Can you change your consent at any time?
Of course. The information of the treatments you have consented will always be accessible. You can modify it whenever you want through our email. You can also unsubscribe from our database at any time, by sending an email to: [email protected]
SOCIAL NETWORKS
Social Networks are part of the daily life of many Internet users, and for them we have created different profiles of our company in them.
The COMPANY informs that through its social networks, events, competitions, events, programs or any other type of advertising information about the activities that it develops will be published, accepting the user to be the recipient of said information for the mere fact of becoming our "friend” or “follower” in the corresponding social network.
All users have the opportunity to join the pages or groups that we have in different social networks and to stop receiving this information in their profiles of social networks, you must stop following the COMPANY in them.
However, you must keep in mind that to register with a social network, a user must accept the contractual relationship in the corresponding social network environment, and be in accordance with their Privacy policies, so we recommend that read carefully its terms of use and privacy policies, as well as make sure you set your preferences regarding data processing.
IMAGES PRESENT ON THE WEBSITE
The company, through the website, offers information on numerous events, activities, etc., which involve the participation of citizens. On some occasions, the information provided is accompanied by photographs or videos in which images of identified or identifiable persons can be displayed, which, as part of the dissemination of the news or event, are not disseminated intentionally. In case the user is recognized in any of these photographs and does not wish to appear in them, please notify us through the email address [email protected] attaching a copy of your identity document, and referencing the section of the website where the image or video is located. In the case of children under 16, the request must be made by the father, mother or legal guardian of the minor.
Claim to the Control Authority
If you believe that there is a problem with the way we are handling your data, you can address your claims to the appropriate data protection authority, the Spanish Data Protection Agency being the one indicated in the case of Spain. (www.agpd.es).
ASSIGNMENT OF DATA
We inform you that your data will be transferred to THE ORGANIZER in all those cases in which it is necessary for the development, fulfillment and control of the existing relationship between THE USER and the organizing entities of the competitions for which you register or for which you request information, or in the cases in which it is authorized by a rule with the status of law and, in particular, when one of the following assumptions occurs:
You may at any time oppose such transfer by sending an email to the address indicated in the heading of these Terms of Use.
INTERNATIONAL DATA TRANSFER
We do not make any transfer of personal data to a third country or international organization.
The personal data collected on this website will be processed automatically and incorporated into the corresponding files of which we are the owners. THE COMPANY will keep your personal data for the time necessary to fulfill the purpose of its collection or legal obligation and may use them later to carry out commercial actions that may be of interest to you, always related to the products and/or services offered by THE COMPANY. If you do not want to receive this type of commercial actions you must notify by sending an email to the following address: [email protected]
Data of applicants to internships or employment positions: the curriculums received through our website will be included in our database and will be evaluated with the utmost confidentiality and rigor when a job opportunity arises that corresponds to your position. We also inform you that your data will not be transferred in any hypothesis and may be destroyed after a period of one year from the date of receipt.
It is expressly forbidden the reproduction, distribution and public communication, in whole or in part, of the contents of this website, without the express authorization of the owner. The owner reserves the right to modify any type of information that may appear on the website, without there being any obligation to inform the users of said obligations, being understood as sufficient with the publication on the website of the owner.
THE COMPANY has the right to deny or withdraw access to THE SERVICE without prior notice, on its own or by a third party, to that USER who fails to comply with these Terms of Use.
THE COMPANY will pursue the breach of these conditions as well as any improper use of THE SERVICE exercising all civil and criminal actions that may correspond by law.
THE COMPANY may modify at any time these terms of use, being duly published as they appear here. The validity of the aforementioned conditions will be based on their exposure and will be in force until they are modified by others duly published.
The relationship between THE COMPANY and the USER will be governed by current Spanish regulations and any dispute will be submitted to the Courts and Tribunals of A Coruña (Spain).
© All rights reserved: Track the life S.L.U.