Privacy Statement
Version 1.0
Date: 16 July 2021
Content
- Identity of the data controller
- What does the ‘processing of personal data’ mean?
- To whom, and when, is this Privacy Statement applicable
- What data do we process?
- For what purposes and on what legal grounds do we process your data?
- With whom do we share your data?
- For how long do we keep your data?
- Where do we keep your data and how are they protected?
- From whom do we receive your data?
- What are your rights?
- How can you exercise your rights?
- Modifications
Identity of the data controller
TopSportsLab NV (in the following “TopSportsLab”, “we”, “us”) respects your privacy and strives to treat your personal data with due care and confidentiality at all times. We commit ourselves to thereby observe the General Data Protection Regulation (“GDPR“) and other applicable regulations at all times.
TopSportsLab is a corporation under Belgian legislation. As an enterprise, we are specialised in the offering of software systems that focus on the improvement of performance and the prevention of injuries upon the professional exercise of team sports. This Privacy Statement therefore applies to the personal data that we process from you in the context of said commercial activity in our capacity of data controller in the sense of the GDPR.
You can find all our relevant details below, and you can reach us as well via the listed contact details for further questions or comments in connection with the way we handle your personal data.
Topsportslab NV
BE0818.545.980
Siemenslaan 6 bus 4
3650 Dilsen-Stokkem
Belgium
info@topsportslab.com
What does the ‘processing of personal data’ mean?
The processing of personal data (in the following “data”) comprises any processing of data that can identify you as a natural person. It may regard, for example, your contact details, data about your practice or match performances with an eye on the optimisation of burdening, or data about your health and fitness in the context of the prevention of injuries. You can read what data are concerned exactly in this Privacy Statement. The concept of ‘processing’ is rather wide and covers matters such as the collection, retention, use or your data, or the sharing thereof with third parties. TopSportsLab only processes your personal data in the context of their commercial activities as an enterprise.
Our website and the TopSportsLab platform make use of cookies. For this specific type of processing, we refer to the Cookie Statement of our website and the Cookie Statement of the platform, which are an integral part of this Privacy Statement.
To whom, and when, is this Privacy Statement applicable
This Privacy Statement is applicable in the cases in which TopSportsLab is responsible for the processing of your data. This means that TopSportsLab decides for what purposes (why) and by what means (how) your data are processed. In case our customer decides on these factors, however, this Privacy Statement does not apply. At TopSportsLab, in the context of our activities we sometimes act as a data controller, and sometimes as the processor of our customer. That is why we clarify briefly below when this Privacy Statement exactly is applicable concretely.
TopSportsLab as a data controller: applicable
With regard to the data of the persons below, TopSportsLab acts as a data controller. This comprises persons as well who belonged to these categories in the past (e.g., former customer), or persons who may possibly belong to these categories in the future (e.g., potential customer).
- Our customers, to whom we provide our products, also including athletes or other professionals in the sports sector who purchase products from us directly, outside the context of an assignment granted to us by a club or federation, and their use of our platform in this connection, as available via app.topsportslab.com;
- Our business partners, who assist us with the exploitation of our enterprise;
- Candidate employees who submit a job application to us;
- Other persons who would contact us, for example in connection with a visit to our website www.topsportslab.com.
In case of one of the persons intended above is a legal entity, we still process the data of our contact persons at these entities, and the GDPR remains applicable.
TopSportsLab as a processor: not applicable
In specific circumstances, we act as a processor for our customers, especially sports clubs and -federations. Because clubs and federations often engage us to provide for the optimisation of performance within the context of a club or federation, by way of performance management and injury prevention. In that case, we process data on you and your teammates by order of your club or federation. In this case, we exclusively process your data as a processor of our customer and we must thereby observe his instructions at all times. If the club or federation decides to no longer make use of our services, we are contractually obliged to delete your data after expiry of a limited term. As our customer bears final responsibility for this processing, we refer you to the club or federation you are professionally associated with for any questions you might have regarding the manner in which your data are processed. This situation will be relevant to you if you are active in professional team sports and your club or federation purchases our products with an eye on the analysis and optimisation of performance within your team, for example by through the provision of wearables with integrated software systems to monitor your performance and an associated platform to consult and manage the collected data.
What data do we process?
We clarify below what data of yours we may process. Depending on the concrete situation, your preferences, and the manner in which you contact us, we do not process all data below from you. For the sake of clarity, we first indicate in the following what data we may generally process from all our contacts. Subsequently, we clarify what data we may process in addition for specific categories of contacts, more specifically our customers and business partners and our candidate employees.
General
For all our contacts, we may possibly process the data below:
| Type of data | Examples (non-exhaustive) |
|---|---|
| Electronic identification and user data | IP-address, browser type, location data, through what channels you end up on our website or platform, the type of device you visit our website or platform with, the pages visited, the manner in which you navigate on the pages visited. These data are mainly processed through the use of cookies. For more details concerning, we refer to the separate Cookie Statement of our website and the Cookie Statement of our platform. |
| Identification data | A copy of your ID (exclusively to verify your identity in case you wish to exercise on of your rights as a data subject on grounds of the GDPR). |
| Contact details and history | Name, first name. address, e-mail address, phone number, organisation, sent and received notifications (e.g., e-mail messages, messages sent via the contact form on our website or via the platform, letters, …). |
Customers and business partners
Of our customers and business partners we may process the data below in addition. The data we process from you via the TopSportsLab platform naturally depend to a high degree on your professional role (referee, player, coach, …) and on your own preferences.
| Type of data | Examples (non-exhaustive) |
|---|---|
| Personal particulars | Date of birth, place of birth, gender, photo, time zone, start of the week, registration number. |
| Payment and invoicing data | Payment card data, bank account number, invoices, agreements concluded, payment arrangements. |
| Account information for the TopSportsLab platform if you represent a club or federation or if you purchase our products directly as a professional athlete or other professional in the sports sector (not upon the initiative of a club or federation) | General
Login data, academic year, team name, your role within the team, division, position on the pitch, shirt number, professional history, user groups, professional partners like your coach or physiotherapist, sponsor information, level, age category, clothing sizes, practice and match data and match performance, uploaded files (photos, videos, text documents), your preferences regarding the use of the platform. Special categories of personal data, in the following “special data”) (especially health data, to the extent relevant in view of your role within a club or federation): Dietary preferences, race, allergies, vaccinations, COVID-19-test results, treatments or operations undergone, illnesses, injuries and complaints, stamina, agility, speed, BMI, heart rate numbers, dietary supplements, sleep quality, medical imaging, medical questionnaires and associated results. |
| Testimonials, quotes, feedback and possible interviews or other promotional material | Testimonials about our provision of services, or in connection with our collaboration, quotes, interviews, or any other promotional material, for example in the form of a case study or video for publication on our website and/or social media channels (if you agree to this). |
Candidate collaborators
Of candidate collaborators, we possibly may process in addition the data below. This will naturally depend to a high degree on the data you wish to provide us with yourself in function of your job application.
| Type of data | Examples (non-exhaustive) |
|---|---|
| Personal particulars | Age, gender, date of birth, nationality. |
| Work-related data | Curriculum vitae, education, attestations and lists of marks, language knowledge, professional career, publications, portfolio. |
| Personality profile | Cover letter, hobbies, social activities, personality, notes job interview. |
| Visual and audio material | Photos and video footage that you would provide us with yourself in the context of your job application. |
For what purposes and on what legal grounds do we process your data?
We only process your data for legitimate purposes that fall within the context of our commercial activities as an enterprise. The processing thereby is always based on the legal grounds that are listed in the GDPR.
For clarity, we first provide a summary of the purposes and legal grounds of the general processing processes within our enterprise below. Subsequently, we list the types of processing that are relevant to specific categories of contacts, more specifically our customers and business partners and our candidate collaborators.
General
The processing processes below are potentially relevant to all our contacts.
| Processing purpose | Legal grouns |
|---|---|
| The answering of your question in case you contact us, were it not possible (anymore) to address it in the context of an existing, former, or potential future relation with you as our customer, business partner, or candidate collaborator, also including when this occurs via one of the forms of our website. | Legitimate interest |
| The promotion of the activities of TopSportsLab, by using your contact details to forward you (electronic) newsletters or other marketing material, if you expressly grant permission for this, via e-mail or via the registration form on our website.
You have the right to withdraw your permission at any time. You also have an absolute right to object against this processing for purposes of direct marketing, after which we must discontinue this processing. You can exercise these rights as regards electronic marketing communications by making use of the unsubscribe link at the bottom of every message you receive from us. |
Permission |
| The offering of a website properly functioning in the technical field by using strictly necessary cookies, so that we are able to offer you a properly functioning website. | Legitimate interest |
| The use of analytic cookies on our website to acquire insight into the manner in which you use our website, with an eye, e.g., on the detection of navigation issues, and the rendering more user-friendly and attractive of the website. | Permission |
| The use of marketing cookies on our website, with an eye on the display of advertisements, the implementation of functions on our website as offered by social media, and the measuring of how often these advertisements and functions respectively are displayed and used. | Permission |
| Compliance with our legal obligations as an enterprise, such as in the field of data protection and in the fiscal/accounting field. | Legal obligation |
| The assurance of the possibility to exercise or defend the interests of TopSportsLab judicially, and to effectively proceed therewith, if we hold that our interests are impaired and a legal procedure imposes itself (e.g., the judicial collection of an unpaid invoice), or if legal steps are taken against us by a person who feels inured by us (e.g., to mount a defence if you would like to hold us accountable for defects in our products). | General Legitimate interestSpecial personal data The necessity for the filing, exercise, of substantiation of a legal claim |
Customers and business partners
From our customers and business partners, we additionally process the data for the purposes below:
| Processing purpose | Legal grouns |
|---|---|
| Customers:
The adoption, implementation, or termination of the agreement with you as our customer, also including the answering of your quotation application or product question, the requisitioning of all relevant information prior to the (possible) delivery of our products, compliance with our pre-contractual obligations, the adoption of the customer agreement, the managing of the customer relation, communication with collaborators of TopSportsLab, and the invoicing of the amounts you owe us in connection with the delivery of our products. Business partners: The adoption, implementation, or termination of the specific agreement with you as our business partner, especially supplier agreements or any other partnership agreement, also including negotiations on a potential partnership, the adoption of the partnership agreement, the managing of our relation as business partners, the payment of the amounts we owe as your business partner, or the invoicing and collection of the amounts you owe us in connection with the partnership. |
Necessity for the adoption or implementation of an agreement.
Legitimate interest (for contact persons at our customer or business partner who are not a party to the agreement) Your express permission as regards special data, to the extent relevant |
The granting of access to our platform and you enabling the consultation and management of the data that are processed from you in function of our provision of services or collaboration (e.g., via wearables), in the context of your capacity as:
|
Necessity for the implementation of an agreement
Legitimate interest (for contact persons at our customer or business partner who are not a party to the agreement) Your express permission as regards special data, to the extent relevant |
| The promotion of the commercial activities of TopSportsLab, by using your contact details to forward you marketing material (also including business gifts), via e-mail or a different channel, in the context of our existing (customer) relation and for similar products as what you have already purchased or taken from us, until a reasonable term after your latest purchase of our products.
You have an absolute right to object against this processing for purposes of direct marketing, after which we must discontinue this processing. |
Legitimate interest
Permission if you have expressly requested this (e.g., via the website, see under general types of processing) |
The improvement of our products based on your feedback thereto as our current or former customer or business partner and the investigation of your interest in products not offered yet with an eye on the possible expansion of our offer as an enterprise. We strive after these objectives by:
|
Legitimate interest
Permission for any promotional publications on our website or social media pages Special data |
Candidate collaborators
Of our candidate collaborators, we process the data below for the following purposes:
| Processing purpose | Legal grouns |
|---|---|
| The assessment of the question whether TopSportsLab wishes to enter into an employment-, traineeship-, or partnership contract with you. | Necessity for the adoption of an agreement. |
| The recording of the data you have provided us with in the context of a job application for a maximum of 2 years if you have an interesting profile, but we were unable to make you a proposal initially because no suitable position was available. Were a suitable position to become available, we use the data to contact you again and gauge your interest in further discussions. | Permission |
With whom do we share your data?
We do not transmit your data to third parties, unless in the event it is strictly necessary in view of the purposes listed above (e.g., to sports organisations that you are professionally associated with), or if we are legally obliged to do so.
Where necessary, we engage external service providers, so-called “processors”, to support our operational purposes, such as the management of our website, our platform, and our IT systems. These external service providers, if so desired, carry out certain types of processing of data on our behalf. We will only share your data with these external service providers to the extent this is required for the purpose in question. The data may not be used by them for other purposes. In addition, these service providers are contractually bound to assure the confidentiality of your data by way of a so-called “processor agreement” that was concluded with these parties.
This concretely entails that we share your data, to the extent relevant in your situation, with the following third parties for the purposes below, whereby these third parties in certain cases act as processors on our behalf:
| Potential category receivers of your data | Legal grounds |
|---|---|
| Postal services, transport- and delivery services as regards your contact details with an eye on the shipping of products or mail to you as our current, former, or potential future customer or business partner. | Necessity for the adoption or implementation of an agreement, if you are our customer, business partner, or candidate collaborator.
Legitimate interest if no (direct) agreement is applicable or is under consideration between us, e.g., in case you are merely our contact person at our customer or business partner. Your (explicit) consent where relevant, e.g., for the processing of special data via the platform and upon registration for the newsletter. |
| Payment services providers for the data that are relevant for the processing of your payments to TopSportsLab as our customer or business partner, or for the processing of (refund) payments by TopSportsLab to these persons, with an eye on the efficient management of the payment administration within our enterprise. | |
| Our independent collaborators and our business partners, in case this is required with an eye on the delivery of our products. For example our independent IT collaborators, the manufacturers or suppliers of wearables, or the insurers of our professional liability. | |
| If you have an independent account for our platform as an athlete or other professional in the sports sector, to the current organisations that deploy you professionally, and to possible additional clubs and federations, if you agree that these parties obtain access to your data. We will only render your profile accessible to (the representatives of) clubs or federations, if you grant your express consent for this to TopSportsLab, for specific clubs and/or federations. | |
| The processors that assist us in the field of IT for the exploitation of our enterprise, with an eye on the safe and efficient digital data management within our enterprise, also including the digital storage of your data, the forwarding to customers of transactional e-mails such as the planning of introductions, updates in connection with our platform, the invoicing of delivered products, the management of our agenda, and the hosting and management of our website, our platform, and our mail boxes. | |
| Government bodies, judicial institutions, and practitioners of regulated professions, such as accountants and lawyers, with an eye on compliance with our legal obligations as an enterprise, and the efficient defence of our interests in the context of a possible legal dispute, as regards the data that are strictly necessary for the purpose. | Legal obligation if the transmission falls within the context of a legal obligation or government order. |
| The implementation of an agreement or our legitimate interest, for any other transmissions. |
For how long do we keep your data?
We do not keep your data for any longer than is necessary for the purpose the data were collected and are processed for, as specified above.
With regard to our customers, this mainly regards the offering of our products focused on matters such as the improvement of performance and injury prevention. Your data that are processed thereby via the platform are retained for as long as your account is active for the platform. With regard to our business partners, this concerns the management of our collaboration.
In this connection, we will keep track of your data after your last purchase of our products, or after termination of the collaboration, for a reasonable term to safeguard our provision of proof in case of a contestation, or in connection with possible defects in our products in view of our liability for this.
For the data that may feature on you, as our customer or business partner, to a limited extent in our accounts, it applies that they will be retained for 7 years in the context of our legal obligations concerning.
For the data that we keep on you as a candidate collaborator it applies that we commit ourselves to remove your data within a reasonable term, if a proposal for collaboration does not come about initially. If you grant your specific consent in such case, however, to retain the data so that we can contact you again later on, we will keep your data still for a maximum of 2 years.
Where do we keep your data and how are they protected?
We mainly keep your data digitally, both internally and externally. Because it is possible that we outsource specific processing processes to external specialised service providers who act as our processor, as clarified as well under title 5. For the hosting of our platform, for example, we make use of the services of a German hosting company, the servers of which are located in Germany as well. We manage our public website and save our back-ups, on the other hand, completely internally, on our own systems. You may be sure in any event that your data are always processed within the European Economic Area (EEA).
We and our processors have taken the necessary physical and appropriate technical and organisational (precautionary) measures with an eye on the securing of your data against loss or any form of unlawful processing. We only grant access to the data to our own collaborators and third parties if they require access for legitimate, relevant business purposes.
From whom do we receive your data?
We mainly obtain your data directly from you, in connection with the contact we maintain with each other with an eye on the (possible) delivery of our products, or with an eye on a (possible) collaboration. We cannot exclude, however, that we obtain certain of your data indirectly under specific circumstances, from public sources or from third parties.
In case we obtain your data from public sources, it regards, for example, the consultation of the enterprise databank ‘Kruispuntbank van Ondernemingen’ (KBO), in order to verify your request to become a customer or your proposal to collaborate on behalf of an enterprise. It is possible as well that we obtain your data via your enterprise, in case the enterprise where you work is our customer or business partner and we need your data in this connection (e.g., with an eye on the presentation of the conditions for our collaboration to you as a legal manager, or with an eye on the invoicing if you take care of the accounts at the customer or business partner).
If you are an athlete or other professional in the sports sector, and we obtain your data from the club or federation you are professionally associated with, as a rule we only process your data by order of this organisation and we will refer you to the relevant club or federation for any further questions you might have in this connection.
For candidate collaborators it applies that we may possibly consult your profile on professional social media channels or receive your data from an interim or selection and recruitment company, in case you apply for a job with us through such channels.
What are your rights?
You have various rights with regard to the data we process from you. If you wish to exercise one of the rights below, please contact us via the contact details listed in the first title of this Privacy Statement. If you make use of our platform as a customer, you can change a number of preferences as well, and exercise a part of your rights via this preferences menu.
Right of perusal and copy
You have the right to peruse your data and to receive a copy thereof. This right also includes the option to ask for further information regarding the processing of your data, for example regarding the categories of data of yours that are processed, and for what purposes this occurs.
Right of modification or rectification
You have the right to have your data modified if you hold that we have incorrect data.
Right to the deletion of data (right to be forgotten)
You have the right to ask us to delete your data without any unreasonable delay. We will not always be able, however, to grant such a request, for example in the event we still need the data in function of a current agreement, or if the retention of certain of your data is legally obligatory during a certain term.
Right to restrict processing
You have the right to restrict the processing of your data. In this manner, the processing is temporarily discontinued until there is certainty regarding matters such as the accuracy thereof.
Right to withdraw your permission
In case the processing is based on your permission (see above under titles 5 and 6), then you have the right to withdraw this permission at any time by contacting us. For marketing messages you receive from us via e-mail on the basis of your permission, you can withdraw this permission simply by clicking on the unsubscribe link at the bottom of every such message.
Right of objection
You have the right to object against the processing of your data which is based on our legitimate interests. This must occur on the basis of specific reasons related to your situation. In this case, we must discontinue the processing, unless we present compelling legitimate grounds to continue the processing.
You also have an absolute right to object against the use of your data for the purpose of direct marketing, after which we are obliged to discontinue the processing for these purposes. For marketing messages you receive from us by e-mail, you can exercise this right of objection by clicking on the unsubscribe link at the bottom of every such a message.
Right to transferability
You have the right to obtain your data that you have provided to us yourself with your permission or to implement an agreement in an electronic form. In this manner, they can be easily transferred to a different organisation. You furthermore have the right to ask us to transfer the data directly to a different organisation, if this is technically possible.
Right to submit a complaint to your oversight agency
If you were to believe that we process your data in an incorrect manner, you always have the right to submit a complaint to your oversight agency in the field of data protection. You can do so with the oversight agency of the EEA member state where you normally reside, you have your workplace, or where the alleged violation was committed. As we mainly conduct our activities from Belgium and we do not have branches in other EU member states, we refer below to the contact details of the Belgian oversight agency ‘Belgische Gegevensbeschermingsautoriteit’.
Belgische Gegevensbeschermingsautoriteit (GBA)
Drukpersstraat 35
1000 Brussel
+32 (0)2 274 48 00
contact@apd-gba.be
Website GBA – klacht indienen
For further information and the contact details of the oversight agency of each EEA member state, we refer to this website page of the European Data Protection Board with all relevant contact details. In addition, you can address the competent civil court as well, to file a claim for damages
How can you exercise your rights?
You can exercise the rights indicated under title 10 simply by contacting us via the contact details included under the first title of this Privacy Statement.
In case you submit a request for the exercise of your rights, if we have doubts regarding your identity, we will ask you to verify it. We will ask you in such case to provide documents that enable your identification beyond any reasonable doubt, such as a copy of the front of your ID card. We do this in order to prevent your data from falling into the wrong hands. It is sufficient for your name and date of birth to be clearly visible on such a copy. You therefore may delete the other data.
The exercise of your rights in principle is free of charges. In case your request, however, is unfounded or excessive, we may bill a reasonable fee in view of the administrative costs incurred by us. In the same case, we may choose as well not to heed your request. If so requested, you are informed of the reasons for this.
In any event, we always inform you at the latest within a term of 1 month after receipt of your request of the follow-up given to it. In case of complex or multiple requests, this term can be extended to 3 months. In the latter case, you will be informed about the extension of the response term.
Modifications
We reserve ourselves the right to modify this Privacy Statement. The most recent version is available at all times on our website. You can find the date on which this Privacy Statement was changed most recently at the top of this page. In case of a substantial modification of the Privacy Statement, we will accordingly inform the data subjects on whom it may have an impact accordingly as soon as possible.