TERMS AND CONDITIONS OF USE OF THE APP
Access to, and use of, the Clapphouse application (hereinafter, “APP”<) is subject to the Terms and Conditions of Use described below (hereinafter, the “T&C”). By accessing, and making use of, the APP, you accept and acknowledge these T&C, and become a user of it (hereinafter, “USER”). These T&C will also be applicable for any accessible function, content, tool and service related to the APP.
It is advisable to carefully read the following T&C. For any questions or clarifications please contact The Mulligan Factory, S.L. (hereinafter, “TMF”) through the e-mail firstname.lastname@example.org or by writing to the address c/ Josep Tarradellas 51, 1º 2ª de Sant Cugat del Vallès, CP 08195 (Barcelona).
The non-acceptance of these T&C entails the loss of the right of use of the APP, and therefore must stop using at that time the services provided through it (hereinafter, “SERVICES”).
1. INFORMATION ON THE MULLIGAN FACTORY
TMF is a factory of digital solutions specifically designed to help the golf industry transform itself, and is dedicated, among others, to the provision of services, tools and technological solutions for the digitization of golf clubs and golf courses, and other entities and activities related to the sector of golf.
According to the requirements of Article 10 of Law 34/2002, of July 11th, of the Services of the Information Society and of Electronic Commerce (“LSSI-CE” as per the naming in Spanish), TMF reports the following data:
- ID of the corporation: B-66767245.
- Registered at: c/ Josep Tarradellas 51, 1º 2ª, Sant Cugat del Valles, CP 08195 (Barcelona).
- Registered in: the “Registro Mercantil” as per the following data: “Tomo 45370, Folio 185, Hoja B-485536 e Inscripción 1ª”.
- Contact email: email@example.com.
2. DESCRIPTION AND OPERATION OF THE APP
2.1. Object of the APP
The APP basically constitutes a new channel of communication between 1) the golf clubs and golf courses and/or other entities related to the golf sector that are registered in the APP and to which TMF has licensed the APP (from now on, “TMF CLIENTS”) and 2) their respective clients who are USERS of the APP and have activated the account of the TMF CLIENT in question (hereinafter, the “USER CLIENTS”).
The APP allows TMF CLIENTS (i) to communicate in real time with their USER CLIENTS, and including the sending of notifications related to, among other topics, promotions, reservations, tournaments, and incidents, and (ii) publish in the APP information of the interest of the USER CLIENTS.
Additionally, the APP also offers other value-added services that enrich the experience of the USERS and allow them to enjoy golf more in general, and enjoy more their relationship with each TMF CLIENT in particular to the extent that they are USER CLIENTS of it.
2.2. General structure of the APP
The APP is a shared mobile application and used by multiple TMF CLIENTS, and their respective USER CLIENTS. In other words, the APP is not a specific and individual mobile application for each TMF CLIENT, although certain elements of the account of each TMF CLIENT (such as the APP’s home screen and the TMF CLIENT logo) are customizable. At this time, in order to be a USER it is necessary to activate, and keep activated, at least one account of a TMF CLIENT.
TMF CLIENTS provide the SERVICES within the scope of their respective accounts, and communicate with their USER CLIENTS, mainly through access to, and the use of, a specific web manager which is independent of each TMF CLIENT (hereinafter, the “MANAGER”) owned by TMF.
Additionally, the APP offers other functionalities and services independent of those of the TMF CLIENTS, and which have been designed to enrich the experience of the USERS in different areas, and which are generally managed directly by TMF without any participation of the TMF CLIENTS. Some of these SERVICES may be enjoyed within the account of each TMF CLIENT, while others may be offered outside the scope of said account.
On the other hand, at certain times the APP may facilitate the provision of other services outside of the same, and over which TMF does not exercise any control. An example of this is the fact that, in certain scenarios, the APP provides USER CLIENTS with access to the members portal and/or booking system of the given TMF CLIENT without the need for them to enter a username and password to validate their identity again.
2.3. Activation of TMF CLIENT accounts
In order for USERS to be informed about a TMF CLIENT and their activity related to it, each USER will have to activate in each case, and individually, the account of the given TMF CLIENT, and this through the validation of his identity as a client of the same according to the activation process implemented by TMF at all times. After successful validation of the status as a client of the TMF CLIENT, and after having completed the corresponding process of activation of the account, the USER CLIENT will already be in contact with said TMF CLIENT.
A USER can activate as many TMF CLIENTS accounts as wished among the options available in the APP at any time, and to the extent that the USER has the specific client identifier for each of the accounts, and necessary to activate them, and that will be provided by each TMF CLIENT in due course, and/or upon request to the given TMF CLIENT, and as long as the TMF CLIENT considers it appropriate.
If the USER wishes to access, and use, the APP in different mobile devices, the USER must activate in each of them the specific accounts of the TMF CLIENTS that the USER wishes, thus being able to discriminate which accounts the USER keeps active in each mobile device.
During the activation of the first account of a TMF CLIENT in a specific mobile device of the USER, the USER must enter an activation code that will be sent by SMS, and this for security reasons. The APP does not require the introduction of any additional username or password.
2.4. Personal information processed
For the purpose of providing the SERVICES that TMF and TMF CLIENTS offer through the APP, and always under the terms and conditions set forth in Clause 8 of these T&C regarding Data Protection, TMF and TMF CLIENTS may, at any time, deal with certain personal information as indicated in Annex 1 “Personal data processed”.
Each TMF CLIENT acts as responsible for the processing of certain personal data of its USER CLIENTS, and always in the context of the account managed by it. Therefore, each time the USER activates an account of a TMF CLIENT, the latter will automatically start processing the personal data of the new USER CLIENT as specified in Annex 1.
2.5. Main uses of the APP
The potential uses of the APP by the USERS are multiple, such as those that, without limitation, are set out below:
- Receive information about new exclusive promotions.
- Receive information about different incidents.
- Enjoy preferential conditions in certain topics.
- To be able to manage reservations more easily.
- Receive in real time information about reservations.
- Consult relevant information about different tournaments.
- Receive in real time information about the opening of registrations.
- To be able to manage the registration to a tournament more easily.
- Receive personalized information of tee times for a given tournament.
- Receive personalized information about the classification in a tournament.
- To be able to consult other reference information of interest without having to access the website of the TMF CLIENT.
- To be able to share feedback with the TMF CLIENT.
- Create and manage circles of colleagues with which to stay connected within the scope of a specific TMF CLIENT.
- Inform colleagues about personal activity as a USER CLIENT of a given TMF CLIENT.
- Receive information about the activity of colleagues in relation to a specific TMF CLIENT.
It is important to highlight that these uses may depend on the modules each TMF CLIENT is subscribed to at each moment, as well as how the TMF CLIENT decides to use the APP to provide the SERVICES to its USER CLIENTS. Thus, the USER may experience differences in their experience of using the APP from one account to another. These uses can be extended also as TMF is enabling new modules and functionalities in the APP.
2.6. Parties involved in the APP.
The USER declares to know and accept that taking into account the idiosyncrasy of the operation of the APP, for the proper functioning of the same intervene, apart from TMF (as the main provider of the SERVICES and holder of the APP), other collaborators and external suppliers, such as those mentioned but not limited to the following:
a) TMF CLIENTS, as responsible for providing the SERVICES through the APP to its USER CLIENTS, and in the context of the account managed by each TMF CLIENT.
b) The provider of the management systems of the TMF CLIENT, and specifically those management systems, with which the APP is integrated to be able to offer to the USER CLIENTS information regarding their profile, reservations, and participation in tournaments, all of them in accordance with the provisions set forth below in these T&C relating to Personal Data Protection.
c) The provider through which USERS are allowed to consult their official handicap at any time.
d) The different technological providers that TMF uses to enable the correct use of the APP for aspects such as the technological development thereof, the sending of the SMS with the activation code, and the sending of notifications.
In addition, in order to obtain, install, update, access, use, or continue accessing the APP, it is possible that the USER must use certain third party services such as those of their mobile operator. The use of the services of third parties may be subject to additional fees and terms and conditions of use, and the USER accepts that TMF is not responsible for the activities of such third parties, when these services process personal data for their own purposes.
2.7. Obtaining the APP through digital stores
If the APP was obtained through any digital store, the USER and TMF acknowledge and agree that:
a) This document is between the USER and TMF only, not digital stores.
b) Digital stores bear no obligation to provide maintenance and support services relating to the APP.
c) TMF, not digital stores, is responsible for dealing with claims of the USER or any third party and relating to the APP, including:
- Claims of responsibility for the SERVICES offered in the APP.
- Any claim related to any case in which the APP fails to comply with any applicable law or regulation requirement.
- Claims relating to consumer protection or similar legislation.
- Claims by third parties regarding the infringement of intellectual property rights in relation to the APP or its possession or use.
Digital stores and/or its affiliates will be beneficiaries of these T&C and have the right to enforce the same as a third party beneficiary.
The USER can get the APP from the following digital stores: Google Play and Apple Store. Obtaining the APP through digital stores do not involve any cost.
2.8. Other considerations about the APP
The USER acknowledges and accepts that:
a) The APP and/or the SERVICES of the same can present announcements of TMF or of third parties from time to time.
3. LICENSE OF THE APP AND ITS DURATION
This APP grants the USER a non-exclusive, limited, non-transferable and revocable license to use it. The USER must use it exclusively for personal purposes, not for commercial purposes or for the purpose of entertaining third parties. TMF reserves all rights not expressly granted in the SERVICES or in its T&C.
The license granted to the USER is granted in perpetuity. However, TMF may terminate this license at any time and without a justified cause.
Notwithstanding everything discussed above, this license will be terminated for the following circumstances:
a) Failure by the USER of any of the T&C that are included in this document.
b) Attempt to destroy the APP or detection of malware or threats in this regard.
c) At the request of the USER by the act of removal of the APP on the device.
Completion in accordance with this clause shall not affect any right or remedy that TMF has under current legislation. This license does not limit any rights that TMF may have pursuant to this document to modify the APP as an update, particularly by eliminating the characteristics of the APP, or to modify or discontinue offering the SERVICES or any part thereof.
4. GUARANTEES AND SUPPORT
4.1. General guarantee against incidents
The USER assumes that it cannot be guaranteed that the APP and the SERVICES that are derived from it are free of errors; not constituting the existence of such errors a breach of the present T&C.
Likewise, the USER declares to know and accept that, taking into account the multitude of agents involved in the provision of the APP SERVICES (as these have been previously indicated in this document) and factors beyond its control, TMF will not respond for any serious or minor incident caused or derived directly or indirectly, by actions or omissions of any other collaborators and external suppliers in the proper functioning of the APP and/or by the occurrence of external factors beyond the control of TMF.
¡Notwithstanding the foregoing, TMF undertakes to make its best efforts in order to resolve the existing incident, committing itself to that purpose to contact the collaborator and/or external provider causing the given incident for the purpose of claiming its resolution at the earliest.
By way of example, not limiting the different non-TMF factors that may cause an impact on the APP and which TMF will not respond to, the following are indicated next:
a) Problems and/or novelties with certain mobile devices, and in particular with those devices less popular among the USERS base and/or that come from manufacturers of dubious quality.
b) Incidents associated with the service provider responsible for sending the SMS with the activation code of the APP.
c) Specific problems that may lead to a lack of reception or late reception by the USERS of the activation SMS and/or notifications sent by TMF and/or the TMF CLIENTS.
d) Incidents associated with any entity that provides storage services and servers to TMF.
e) Problems derived from the mobile telephony operator, such as connectivity problems since the APP requires Internet connectivity to function normally.
f) Incidents that do not originate from the APP itself and/or any of TMF’s suppliers and collaborators. In particular, TMF shall not be liable in those cases in which the incidence has been derived from a misuse of the APP by a TMF CLIENT, or another bad practice or external event not attributable to TMF.
g) Causes of force majeure such as natural catastrophe, inability to use TMF facilities, illness or death of key TMF personnel or key personnel of its employees and external suppliers, interruption or fluctuations of the communications network, interruption or fluctuations in the supply of electrical energy and, in general, any external element outside the control of TMF that prevents it from complying with its legal and/or contractual obligations.
Unless expressly stated otherwise in these T&C, and to the extent permitted by applicable law, TMF shall not be liable to the USER for any loss, including special, indirect or consequential damages (such as loss of profits), or claim, that are derived from the breach of these T&C or as a result of the defective use of the SERVICES offered by the APP. If you purchased the APP through any digital store, in case of any failure, you must go to the digital store where you purchased it, having to take into account the T&C of the digital store itself.
TMF does not guarantee the availability, continuity or infallibility of the operation of the APP and, as a consequence, excludes, to the maximum extent permitted by current legislation, any liability for damages of any kind that may be due to lack of availability or the continuity of the operation of the APP and the services authorized therein, as well as its content.
4.2. Guarantees on the information provided
The upload of images to the APP, as well as its content, is exclusively the responsibility of the parties that upload them. In particular, TMF is not responsible, in any case, for the images published by TMF CLIENTS and other third parties, and those shared by USERS with TMF CLIENTS or other USERS, and also excludes any liability for damages and losses of any nature that could be caused by them.
TMF and the TMF CLIENTS may make links available to USERS in order to facilitate access to information, services and other third party content available on the Internet. The links enabled in the APP may lead the USER to other websites managed by third parties, over which TMF does not exercise any type of control. TMF is not responsible for the content of websites that the USER can access through such links, and declares that in no case will proceed to examine or exercise any type of control over the content of other sites in the network. The existence of links does not presuppose a relationship of any kind between TMF and the owner of the linked website, and TMF will not guarantee the technical availability, accuracy, veracity, validity or legality of the non-proprietary sites that can be accessed through the links.
TMF will not respond to errors in the information provided by the TMF CLIENTS and other third parties, and shown to the USER in the APP and that could cause any damage and/or injury, since TMF is limited to providing through the APP a channel of communication with USERS but in no case controls the content of the information provided to USERS by TMF CLIENTS and other third parties. Such information may consist of, but not limited to, the following:
- Information about the reservations of the USER CLIENT.
- Information about the different tournaments of each TMF CLIENT and shown in the profile of each tournament.
- Information about the participation of the USER CLIENT in a tournament.
- Photographs published by a TMF CLIENT.
- Contact information.
- Content of notifications sent to USERS.
- The official playing handicap shown to the USER.
- Other reference information published by TMF CLIENTS.
In addition, TMF is not responsible for damages of any kind that may arise from the lack of accuracy, completeness, timeliness, or omissions of the information and services contained in the APP, or other content that can be accessed through it. Also, TMF does not assume, for those contents outside TMF, accessible inside or outside the APP, any duty or commitment to verify or monitor their content and information.
4.3. Incidents that affect personal data
In the case of those incidents caused or derived directly or indirectly by actions or omissions of TMF and/or any third party in charge of processing on behalf of TMF and that could have affected the personal data of the USERS, TMF will be responsible according to each case and according to that stipulated at all times in the legislation in relation to said matter.
4.4. Code of good practices
Notwithstanding all of this, and given that TMF highly values the quality of the solutions it offers, and in particular the quality of the APP and the good perception of it by the USERS, TMF has defined a code of general good practices that all TMF CLIENTS adhere to, and accept, at the time of licensing the APP for its use. At that time, the TMF CLIENT declares to know, accept and share that the experience and satisfaction of the USER with the APP is made up of the usability and behavior of the latter as well as the information contained therein and of which the USER is a recipient, and the content of which is largely the responsibility of the TMF CLIENTS in general. For this purpose:
a) TMF CLIENTS undertake to make their best efforts to ensure that the information provided and communicated through the APP to USERS is true and free of all errors, material or formal (including spelling and formatting) and that the information provided will be updated at all times.
b) The abusive practices of sending notifications (spam) that are not directly linked to the activity of the TMF CLIENT or exceed volumes and frequencies considered as correct are not allowed.
c) TMF CLIENTS commit themselves to make their best efforts so that in no case notifications, segmented or not, of a sexual nature or that incite violence, or that contain foul or inappropriate language will be sent.
d) To activate the account of a TMF CLIENT in the APP, the USER must indicate its client identifier for said TMF CLIENT. This identifier is provided to the USER by the given TMF CLIENT, and is a sensitive and fundamental piece of data for the proper functioning of the APP. In this sense, the TMF CLIENT ensures the integrity and confidentiality of said client identifier, that is, that treats it in such a way that only the USER and those parties involved in the process know that identifier.
e) For the purpose of communicating with its USER CLIENTS through the APP, the TMF CLIENT undertakes to make its best efforts to make such communications in the language of preference selected at any time by the USER CLIENT among the options enabled by the TMF CLIENT, and this with the highest standards of idiomatic quality (without spelling or grammatical errors).
f) In some scenarios, the TMF CLIENT may edit certain fields of the profile of a USER CLIENT. In such cases, the TMF CLIENT undertakes not to edit any field without the prior explicit consent of the USER CLIENT. Said prior consent will not be necessary when the objective of modifying any of the fields of the profile is to correct an existing error.
g) TMF CLIENTS undertake to refrain from contacting the USER CLIENT by any means and/or channels other than the APP (including telephone contact and/or inclusion of the USER CLIENT in TMF CLIENT’s newsletters of any kind), in those cases in which it does not have prior consent of its clients for this and according to the current regulation in each moment regarding Personal Data Protection.
In accordance with the present T&C, TMF shall be obliged to offer and/or publish on the digital store the new extensions or versions, and other services in relation to the use of the APP or the SERVICES. In any case, it is the responsibility of the USER to update the APP through the functionalities provided by TMF through the digital store.
In the event that TMF inactivates the APP, the USER will be informed by electronic notification.
In the case of needing help of any kind, the USERS may at any time contact the TMF CLIENT of which he/she is a USER CLIENT, and/or with TMF directly. Additionally, both TMF and TMF CLIENTS may, at their option, make available to USERS and/or USER CLIENTS different tools and materials to facilitate such support, and of which they will be informed at all times.
5. OBLIGATIONS OF THE USERS
The USER assumes responsibility for the proper use of the APP. This responsibility extends to:
- The accuracy and legality of the information provided by USERS on the forms issued by TMF and the TMF CLIENTS for the access to, and personalization of, certain content or services offered.
- The use of the SERVICES, information and data offered in the APP contrary to the provisions of the present T&C, the Law, morality, good customs or public order, or that in any other way may involve injury to the rights of third parties or of the USERS themselves.
- Likewise, access to the APP and/or the SERVICES, or its parts, may require that the device be connected to the Internet or require other services from third parties. In this case, the USER must comply with the terms of the corresponding third party when making use of its services. In particular, the USER is responsible for ensuring that the installation and use of the APP do not exceed the data usage fees or other limitations that may apply to its Internet service or other services purchased from third parties.
Additionally, the USER accepts that he/she will not be able to:
a) Use or promote the use of any kind of cheating, modifications, exploits or other unauthorized means involving interfere or obtain an undue advantage in the use of the APP and/or its SERVICES;
b) Attempt to interrupt the normal operation of the APP, or any other infrastructure operated by TMF;
c) Attempt to gain unauthorized access to the APP;
d) Make any automated use of the APP;
e) Impersonate another person in the use of the APP;
f) Use the APP to violate or attempt to violate applicable law.
6. INTELLECTUAL PROPERTY
Access to the APP does not give the USER any rights or ownership over the Intellectual and Industrial Property rights of the APP, corporate elements, and elements contained therein (not limited to, text, images, logos, distinctive signs, sounds, animations, videos, source code, and rest of contents). All rights of use and exploitation of the APP and its contents are reserved.
They will therefore be protected as Intellectual Property by the Spanish legal system, being applicable both Spanish and EU regulations in this field, such as international treaties on the matter and signed by Spain.
Any transmission, distribution, reproduction or storage, total or partial, made for profit or commercial purposes, of the contents stored, as well as the APP, is expressly prohibited, unless prior explicit consent of the rights holder.
You agree to indemnify TMF and/or any of the TMF CLIENTS against all liabilities, costs, losses, claims and expenses that TMF and/or any TMF CLIENT might incur with a third party resulting from a breach of any provision of these T&C.
For the purpose of preserving any rights of Intellectual or Industrial Property, in the event that any USER or third party considers that there has been a violation of their legitimate rights by the introduction of certain content on the APP, he/she must notify this circumstance to TMF by email at us at firstname.lastname@example.org, indicating:
- Personal details of the owner of the allegedly infringed rights. If the claim is submitted by someone other than the person concerned, the representation with which the person submitting the claim acts shall be indicated.
- Indication of the contents protected by Intellectual or Industrial Property rights and their location in the APP.
- Accreditation of such Intellectual and Industrial Property rights.
- Declaration in which the person accepts responsibility for the veracity of the information provided in the notification.
The legitimacy of the Intellectual or Industrial Property rights corresponding to the contents provided by third property is the sole responsibility of them.
In relation to the “Clapphouse” brand, the USER declares to know and accept that the “Clapphouse” brand and its preceding icon is the trademark with which TMF exploits the APP nowadays, and that is duly registered. To that end, the USER hereby declares to be aware of and accept the right that protects TMF from changing the brand with which to exploit the APP without necessity to communicate or justify this change.
TMF declares that it has adopted all the necessary measures to avoid any damage to the USERS of the APP that may arise from the use of the APP. Consequently, TMF is not responsible, in any case, for any damages that the USER may suffer due to the use of the APP.
Likewise, TMF and TMF CLIENTS are obliged to implement the security measures that are required by the applicable regulations and to adopt, as far as possible, any additional technical, administrative, informational or organizational measures that may be necessary to comply with the legal requirements on protection of personal data and, in particular, guarantee the security and integrity of such data and its protection against alterations, losses, treatments or unauthorized access.
8.1. Legal framework of reference and purpose of data processing
On one hand, TMF declares that it is aware and accepts that pursuant to the provisions of the Electronic Privacy Directive (Directive 2002/58/EC as amended by Directive 2009/136/EC), “the terminal equipment of the users of electronic-communications networks, as well as all information stored on such equipment, form part of the private sphere of users that must be protected in accordance with the European Convention for the Protection of Human Rights and Fundamental Freedoms.”
On the other hand, in accordance with the provisions of Regulation 2016/679 of the European Parliament and the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and the free movement of these Data (General Data Protection Regulation, and hereinafter, “GDPR”), TMF, as the ultimate responsible for the processing of their personal data, informs USERS that their data will be processed in order that they can enjoy the APP and the related SERVICES, being precisely the acceptance of these T&C and the maintenance of the USER status of the APP, the legitimation for the treatment of said data.
By joining the APP, the USER is providing his/her explicit consent for the processing of his/her personal data.
8.2. Universe of personal data treated
TMF has a database with the information of all the USERS of the APP, which includes all the information captured from the USERS at any time and as set out in Annex 1 “Personal data processed” of these T&C. TMF CLIENTS may at any time deal with some of these data from their USER CLIENTS, and as set forth in said Annex 1.
These personal data will be obtained or collected through the means described in Annex 1.
8.3. Functions of the parties
TMF will generally be the ultimate responsible for the processing of USER data, who can use the APP in the context of the account of any specific TMF CLIENT and also beyond it by using other features of the APP not linked to any TMF CLIENT in particular. TMF contact data can be found in section 1 of these T&C.
As regards the scope of the TMF CLIENT’s account, and only in the context of the proper provision of the SERVICES, each TMF CLIENT will be responsible for the processing of the personal data of its USER CLIENTS. For this purpose, TMF CLIENTS accept, among others, that:
- The TMF CLIENT shall not under any circumstances publish in the APP data related to the activity of the USER CLIENT for which the USER CLIENT has not previously given his/her explicit consent to the TMF CLIENT. These data include, for example, photographs of the participation of a USER CLIENT in a tournament, as well as personal information regarding tee times and classification in a tournament.
- In the event that the TMF CLIENT publishes and/or shares information and/or images and/or photographs in the APP of the USER CLIENTS and/or third parties (such as photos of the participants in a given tournament), the TMF CLIENT undertakes to have as many permits as are necessary for this purpose.
Likewise, the USER acknowledges to know, and accept that:
a) During the process of activating the account of a TMF CLIENT, the APP and the management systems of the TMF CLIENT exchange certain information of personal nature, and as set forth in Annex 1 of these T&C. These data are only stored and later processed by TMF and the TMF CLIENT if the USER completes the process of activating the account.
b) TMF CLIENT may share with the APP personal information about his/her profile and activity related to the TMF CLIENT (and in particular in relation to reservations and the USER CLIENT participation in tournaments), all for the purpose of the proper functioning of the APP.
c) The TMF CLIENT is allowed to keep the USER CLIENT duly informed at all times about the different topics covered by the activity of the TMF CLIENT.
d) In order to be able to provide a better overall service to its USER CLIENTS, and beyond the provision of the SERVICES, the TMF CLIENT will be authorized at any time to generate its own database with the information treated as responsible for the treatment in the provision of the SERVICES and that may be used only as long as the TMF CLIENT complies with all the requirements legally established for that purpose.
8.4. Compliance with legislation
TMF and the TMF CLIENTS undertake to comply at all times with all applicable legislation on data protection.
Even so, TMF will not be responsible for compliance by the TMF CLIENTS of the applicable legislation on data protection, being the responsibility of each TMF CLIENT to comply with it at all times, and vice versa.
8.5. Transfer of data
TMF and TMF CLIENTS will only provide access to USERS information to authorized third parties such as employees and suppliers, and as long as such access by third parties is necessary for the purpose of fulfilling the provision of the SERVICES and does not imply any violation of the regulations in application. Annex 2 “Data processors” provides a list of the data processors that are used to provide the SERVICES, indicating in which cases an international data transfer occurs.
In no case may TMF or TMF CLIENTS communicate, assign or transfer in any way to other unauthorized third parties the data of USERS and/or USER CLIENTS, being obliged to treat them confidentially.
In the event that for reasons of national law or the European Union TMF and/or any of the TMF CLIENTS are forced to carry out any international transfer of data, the parties will ensure compliance with any applicable legal requirements, unless applicable law prohibits it for important reasons of public interest.
8.6. Conservation of data
In general, TMF will keep the personal data while the person maintains the status of USER. In the event that a USER deletes all of their activated accounts in the APP, TMF will proceed to perform the following actions:
- Automatically delete all your personal data from the different APP MANAGERS used to manage the APP so that neither TMF nor the TMF CLIENTS can continue processing them.
- Automatically delete all your personal data from the APP itself so that your data are not accessible any longer by other USERS.
The deleted data will remain in the Database associated with the APP for a period of 6 months to enable the recovery of the same in the event that the USER so wishes. The data will not be permanently deleted from the Database in those cases in which it is strictly necessary or mandatory to maintain them due to a regulation or law that is applicable.
In the event that the USER deletes only one of its accounts in the APP, then TMF will only (i) proceed to restrict access to the USER profile data by the TMF CLIENT associated with said account, and (ii) will delete the data related to the USER preferences specific to the account of said TMF CLIENT. The rest of the TMF CLIENTS may continue to process the USER’s data to the extent that he/she is a USER CLIENT of each TMF CLIENT.
In no case shall TMF and/or the TMF CLIENT have the obligation to eliminate the data of a USER and/or USER CLIENT that have been published in the APP as part of the general activity of the USER and/or the USER CLIENT related to the account and SERVICES of said TMF CLIENT, and in particular in relation to the participation of the USER CLIENT in different tournaments, and provided that TMF and/or the TMF CLIENT have complied in due course with their obligations in terms of protection of personal data.
Additionally, the USER declares to know and accept that the information that the USER has shared with other USERS or that other persons have copied may continue to be seen after having definitively closed his account or profile. These facts are not under the responsibility of TMF and/or TMF CLIENTS, as it is beyond the control of the network itself, to verify and eliminate content that other member/s may use thanks to the information that was shared with them at some moment.
On the other hand, after termination and/or resolution for any reason of the contract that binds TMF with any of the TMF CLIENTS, TMF may not keep any copy of the personal data of the USER CLIENTS that are specific to the given TMF CLIENT and to which TMF has had access during the provision of the SERVICES. Notwithstanding the foregoing, in the event that TMF deems it necessary to retain certain data to prove the service provided or to comply with the legal obligations applicable to it, it may do so upon prior written notification to the TMF CLIENT.
8.7. Exercise of rights by USERS
In accordance with the rights conferred by the current regulations on protection of personal data, the USER may exercise the rights of access, rectification, limitation of treatment, deletion, portability and opposition, directing his/her request to the postal address indicated at the beginning of these T&C or through the email email@example.com. The USER may also contact the TMF CLIENT of which he/she is a USER CLIENT, and/or the competent Control Authority to present the claim that he/she considers appropriate.
In the event that, for a TMF CLIENT in particular, the USER wishes to exercise his/her rights with said TMF CLIENT and beyond the context of the SERVICES provided by it through the APP, the USER should directly address the given TMF CLIENT according to the channels and instructions provided by the latter at each moment.
8.8. Subscription to the newsletter of the APP
By accepting these T&C, the USER declares to know and accept that it will be automatically subscribed to the newsletter related to the APP and its SERVICES, and managed by TMF, in which case the USER’s data may be processed by TMF in order to send him/her electronically, personalized information that may be of interest of the USER and in relation to the activity and SERVICES of the APP, as well as participating in satisfaction surveys. In any case, if the USER does not wish to receive commercial communications, he/she may click on the option “Unsubscribe” in the respective communications or send an email to firstname.lastname@example.org with the subject “Unsubscribe me from the newsletter”.
This version of the APP does not require or make any use of the geolocation of the device.
In accordance with the provisions of Law 1/1982, of 5th of May, on the right to honor, personal and family privacy and self-image, TMF informs you that the characteristics of the APP allow it to extract images published by TMF and/or the TMF CLIENTS in the APP (for example, in the context of sharing the photographs of a tournament) and that can be viewed by other USERS of the APP.
In this case, the images that are published, and which may identify the USER, are considered as personal data, applying TMF and/or the TMF CLIENTS all the technical measures necessary to safeguard the privacy of the USER.
For its part, TMF reserves the right to delete or withdraw from the SERVICE any image for breach of the provisions of the T&C, as well as to remove and/or suspend any image that incorporates information deemed inappropriate (for example, with sexual content), without the need for prior notice or subsequent notification.
TMF reserves the right to consider an image “illegal”, being the only one responsible for its publication the third party that published it.
In the event that the USER can publish any of the contents of the APP through social networks or other tools or channels external to the APP, the USER agrees to be subject to these T&C as well as the terms and conditions provided by the cited social networks, tools or external channels.
8.11. Minimum age of the USER and use by children
TMF reports that the APP is not aimed at children. To be able to use the APP, the people who register as USERS must have a minimum age of 14 years.
In the event that the APP could be targeted at children, TMF will adopt the appropriate technical and organizational measures to protect their personal data and thus avoid the accidental or unlawful destruction, accidental loss and/or alteration, dissemination or access not authorized. In any case, the parent and/or guardian of the child must commit to supervise the proper use of the APP, understanding that he/she gives his/her explicit consent for the use of the personal data of the child that may derive from the use of the APP.
8.12. Code of conduct
In TMF we inform about the behaviors that we do not consider appropriate and act accordingly to the following uses, actions, omissions or statements that both the USER and the TMF CLIENTS perform, by virtue of the relationship that binds them to TMF and to the rest of USERS:
a) Act in a dishonest or unprofessional manner.
b) Publish inappropriate or inaccurate content.
c) Harass, abuse, threaten or harm another person or USER.
d) Use or publish in the APP images, videos or any comments in the profile that may hurt the sensitivity of the USERS, as well as discriminate against any condition, race, ethnic group, nationality, religion, sex, sexual orientation, disability or illness, or that are illegal, abusive, obscene, discriminatory or for other causes considered reprehensible.
e) Use another person’s account or create a false identity in the APP.
f) Make false statements or that impersonate the identity of a third party.
g) Include content that contains computer viruses or others that may eliminate, interrupt or hinder the correct navigation of the APP.
h) Sell, sponsor or obtain economic benefit through the APP without the authorization of TMF or if another method provided by TMF has been established for the management of an exclusive service.
i) Share information of people who are not USERS without their consent.
8.13. Applications that the APP uses from the device
The APP can use functions of the applications available on the device itself, and therefore access the stored data. In any case, the APP will inform you about the use of these applications, and will request your consent, informing previously and in a clear and complete manner, and offering the possibility to the USER to express his willingness to accept or reject the use of specific data that the APP requires for its installation and operation.
It is recommended to refrain from installing the APP, if you do not want the APP to use other applications.
A cookie is a file that is downloaded to your device when you access certain web pages or use certain apps. Cookies allow a web page or app, among other things, to store and retrieve information about the browsing habits of a user or their equipment and, depending on the information it contains and the way in which it is used, can be used to recognize the user.
According to the provisions of article 22.2 of Law 34/2002, of July 11, Services of the Information Society and Electronic Commerce (LSSI-CE), by which users must be informed about the use of data storage and recovery devices in terminal equipment, TMF informs you that when accessing and using the APP, cookies will be installed on your equipment. For more details, please see Annex 2.
8.15. Participation in the social module of the APP
One of the outstanding features of the APP is its “social module”, which allows USER CLIENTS to connect with each other (hereinafter, “COLLEAGUES”) and share information about their activity in the context of a given TMF CLIENT. As a USER CLIENT, you may at any time disable and/or enable your participation in said social module in a simple manner through the configuration of your preferences for the account of the given TMF CLIENT. In addition, you can also control different aspects of your data privacy through the different configuration options enabled by TMF at any time.
Regarding the detailed functioning of said social module, and the implications at the level of privacy of data, the USER declares to know and accept that:
a) In the event that the social module is enabled for a given USER CLIENT, said USER CLIENT will appear in the search results of the social module for those USERS CLIENTS who are looking for new USERS CLIENTS with which to connect. To not appear in the search engine, the USER CLIENT just needs to disable the social module.
b) In order that two USER CLIENTS are connected and become COLLEAGUES, it is necessary that both USER CLIENTS agree to connect.
c) Once connected, the COLLEAGUES will be promptly informed of all the activity of the USER CLIENT in relation to their upcoming reservations and their participation in tournaments, and according to the configuration that each COLLEAGUE has made at all times about the associated alerts. Additionally, the COLLEAGUES may inform each other about their upcoming visits to the facilities of the TMF CLIENT.
d) In relation to the personal data included in the profile of the USER CLIENT, the COLLEAGUES can only see (i) the photograph of the USER CLIENT profile, (ii) his/her full name, and (iii) his/her exact handicap.
TMF reserves the right to modify, revise or replace the present T&C when it considers it necessary. The USER of the APP will be previously informed about any modification that affects the same, in reference to the T&C and/or the functionality of the APP itself.
The modifications, revisions and substitutions will be effective immediately after their publication in the APP, and may be further informed through the website www.clapphouse.golf associated to this APP.
The continued use of the APP and the SERVICES after such notification constitutes your agreement to be limited by the terms and conditions of use of this modified, revised or replaced document, as well as your understanding and acceptance.
The non-acceptance of the modifications entails the loss of the right to use the APP, and therefore you must stop using the SERVICES provided through it.
TMF can not assign, novate or transfer any of its rights or obligations under this document at its sole discretion, and without prior notice.
10. APPLICABLE LAW, JURISDICTION AND ORIGINAL T&C
The present T&C will be governed by the current legislation of the Spanish territory. The parties submit, at their option and waiving any other jurisdiction, to the Courts and Tribunals of the domicile of TMF for the resolution of conflicts and actions that may be exercised, derived from the provision of the SERVICES and the contents, as well as of the interpretation, application, compliance or breach of what is established here.
If any provision of this document is declared null and void, in any jurisdiction, that provision of the corresponding jurisdiction shall be applicable so that the provision declared void is ineffective to the extent of the prohibition, invalidity or inapplicability, without invalidating the remaining provisions of this document or that affect the validity or applicability of said provision in any other jurisdiction.
This document is just a translation of the original T&C available in Spanish, and is only provided to the USER to facilitate his/her reading and understanding. TMF confirms that it has done its best so it reflects the original content as accurately as possible. However, in the case of dispute or discrepancies between the Spanish version of this T&C and this translation, the original T&C in Spanish shall prevail.
ANNEX 1.- PERSONAL DATA PROCESSED
The different categories of personal data of the USER that are processed as part of the SERVICES provided are listed below:
- General information on the USER profile including, among others, full name, genre, date of birth, place of residence, playing license, contact information (email and mobile number), general preferences, profile picture, personal statistics (including the official playing HCP) and various technical data about the mobile devices used (such as the brand and operating system of the device) and the installed version of the APP. Some of this information may be initially provided by the management systems of the first TMF CLIENT whose account the USER has activated, and then edited in some cases by the USER.
- USER information specific to the TMF CLIENT account activated. This information is part of the specific profile of the USER CLIENT corresponding to each TMF CLIENT and among others consists of:
- Identifier of the client.
- Category of the client.
- Preferred language and other interests on the TMF CLIENT.
- Preferences related to said TMF CLIENT.
- Connections with other USER CLIENTS.
- Certain information about the playing activity of the USER CLIENT in the facilities of the TMF CLIENT.
- Photographs in which the USER CLIENT appears and published by the TMF CLIENT.
- Date of activation of the account of the TMF CLIENT.
- Records of visits to the account of the TMF CLIENT.
Some of this information (such as that corresponding to the reservations of the USER CLIENTS, and to their tee times and results for a given tournament) is provided on time by the TMF CLIENT and its management systems.
- Basic information about the configuration of the APP by the USER (such as the configuration of automatic alerts generated by the APP or the specific configuration of certain modules of the APP).
TMF will have access to all personal data of the USERS, and may process them at any time as necessary for the proper provision of the SERVICES and the proper functioning of the APP. On the other hand, each TMF CLIENT will have access to and may carry out different treatments on (i) different information of the general profile of the USER CLIENT, (ii) preferences of the USER CLIENT specific to the account of the TMF CLIENT, and (iii) information related to the activity of the USER CLIENT in relation to the TMF CLIENT, and in particular about his/her reservations and participation in tournaments. On such personal data, the TMF CLIENT may perform the following main treatments:
a) Consultation and analysis of all the aforementioned data.
b) Modification of those data for which TMF has enabled at all times the possibility of editing by the TMF CLIENT.
c) Extraction and conservation of the same in different formats and supports and information systems.
d) Deletion through the manual deletion of the profile of the USER CLIENT.
e) Publication of new data related to the activity of the USER CLIENT.
f) Use of data to segment communications and offer a more personalized and relevant experience to USER CLIENTS.
The personal data of the USERS and/or USER CLIENTS will be obtained or collected through the means described below:
- Specific consultations to the management systems of TMF CLIENTS.
- Activation forms for the first account of a TMF CLIENT.
- Activation forms for new TMF CLIENT accounts.
- Profile of the USER in the APP and Preferences and Configuration sections.
- Databases of official entities related to the golf sector.
- Registration forms for events and tournaments, and participation in them.
- Information shared by the management systems of the TMF CLIENT (in particular, in relation to the information of their reservations).
- Schedules and classifications sent by the management systems of the TMF CLIENT and/or published in the APP by the TMF CLIENT.
- Navigation through the APP and its use, and in particular through the use of the different functions of the social module.
- Satisfaction surveys and other offline initiatives related to the activity of each TMF CLIENT of which the USER CLIENT may participate.
ANNEX 2.- DATA PROCESSORS
TMF uses different data processors to provide part of the SERVICES. Below are details about each case:
- Development and general maintenance of the APP: TMF uses the services of the Spanish company Soluciones Cuatroochenta, S.L. with CIF B-12877445 and registered office in Espaitec, Universidad Jaume I, 12071 Castellón de la Plana.
- Sending the SMS with the activation code: For this, TMF has integrated the APP with the solution of the Spanish company ASETEC GROUP Ingeniería de Sistemas, S.L. with CIF B-82149139 and registered office at c / Río Ulla 14, 28017 Madrid.
- Management of the newsletter of the APP: For this, TMF uses the tool and services of MailChimp. MailChimp is a solution from The Rocket Science Group, LLC, a company that adheres to the EU-US Privacy Shield framework and guarantees that all data transferred to its servers will be processed with a level of protection in accordance with European regulations.
- Obtaining anonymised data from analysis: On the other hand, the USER is informed that the APP can obtain analysis data through providers that allow to understand the use and analyze the popularity rating of the APP. This analysis is carried out on behalf of TMF, so the responsibility for this activity corresponds to the company itself.
Specifically, the APP uses different Google services (Firebase and Google Analytics) that store, through cookies, information that allows for the generation of statistics on the traffic and volume of visits of the websites or applications. By using the APP you are consenting to the processing of information about you by Google.The storage devices of these Google services can be hosted on servers located outside of Spain. Google undertakes not to share the information captured with third parties, except in cases where it is necessary for the operation of the system or when the law obliges to that effect. According to Google, the company does not save your IP address. Google Inc. guarantees that all transferred data will be treated with a level of protection consistent with European regulations.
Likewise, TMF CLIENTS may use additional data processors to provide the SERVICES to their USER CLIENTS. Among them, the following data processor stands out:
- The Spanish company PORTAL GOLF GESTIÓN, SA, registered in Madrid, c / Serrano 20, 2ª, with CIF nº A-82662826D. The APP is integrated with its management software, which allow sharing with the APP different information about the USER CLIENT.
Last update: 13th of July, 2018