1. General Information
1.1The subscriber (e.g. clubs, plant operators) enables users (e.g. club members; "users") to manage, edit, publish, distribute and store their own content (e.g. match analyses) and data (e.g. videos; "information") relating to sporting events, training etc. via the admin area of the Asport online platform https://admin.asport.tv ("Asport platform"). This is operated by Swisscom Asport ("Provider").
2.1 By registering on the Asport platform, the user is given the opportunity to actively use the Asport platform and its tools. The scope of the usage possibilities depends on the subscription of the subscriber as well as the respective authorization of the user.
3. Password, username and email address
3.1 Each user of the Asport platform chooses a password and a user name ("login name") when registering. The registration will be confirmed with an e-mail message. The user bears the responsibility and assumes all consequences that may result from the misuse of his identification features. If there is reason to suspect that third parties have become aware of the identification features, the password must be changed immediately. The responsibility for the data in particular for their careful storage lies with the user.
3.2 The user must regularly update his details (e.g. name, e-mail address, etc.) and inform the subscriber (cf. Section 8.4).
4. Rights of use and intellectual property
4.1 The subscriber grants the user the non-exclusive right to use the information made available on the Asport platform for private, non-commercial personal use, unless the user has the corresponding authorisations.
4.2 All rights, titles and claims (including trademarks, patents and other intellectual property rights as well as other rights) to, for and from all information and content (including all texts, data, graphics and logos) on and to the Asport platform remain with the subscriber. or the respective copyright holder. For this purpose, the subscriber grants the user the non-transferable, non-sublicensable, non-exclusive right, limited to the period of use, to access the functionalities of the Asport platform via the Internet, which may only be exercised by the registered users. The user does not receive any further rights.
4.3 All elements contained on the Asport platform or created by the user, in particular information, images, layouts, trademarks, designs or any kind of intellectual property rights ("created elements"), are automatically transferred free of charge to the subscriber or his partner ("authorised third parties") through the exercise of the rights of use in accordance with section 4.1. The user hereby assigns all of these rights to the subscriber. Furthermore, the user grants the subscriber all consents which may be necessary to use these created elements within the framework of the Asport platform or other media and to pass them on to authorised third parties.
5.1 The user is prohibited from using the Asport platform for activities or making content accessible that violates legal provisions of the applicable law or infringes the rights of third parties (e.g. copyrights and trademark rights). In particular, the user shall not store, disseminate or have disseminated any content glorifying violence, racist, pornographic, harmful to minors, false or offensive.
5.2 The user is further obliged not to upload any files to the platform that contain viruses and/or are suitable to cause damage to the subscriber, their contractual partners and/or the Asport platform.
5.3 The Subscriber reserves the right to delete the User's content or comments at any time without notifying the User/Author and/or to block the User's account if the User violates the foregoing. Also reserved is the initiation of legal steps and/or further measures, e.g. according to the articles of association.
6. No warranty
6.1 The subscriber does not give the user any guarantees in connection with the use of the Asport platform. In particular, it gives no warranty for the correctness, accuracy, reliability, up-to-dateness, adequacy or completeness of the information contained on the Asport platform. All information is provided without guarantee.
7. Changes to Asport Plattform
7.1 The subscriber reserves the right to expand, change, restrict or discontinue the Asport platform or its functionalities at any time. The subscriber further reserves the right to temporarily suspend or restrict the Asport platform for maintenance, security or capacity reasons. The user acknowledges that the subscriber does not have to inform him of this in advance and that the availability of the Asport platform is not guaranteed.
8. Data Protection
a) General information
b) Access concept
Registered users of the Asport platform can create a profile and upload content such as videos, text, photos and graphics. The user's own profile or the profile of his team/club, including the shared content, can display information about the user and his activities, which are publicly visible. This also applies to interactions of the user with other users (e.g. comments, "likes", private messages).
c) User accounts
The Asport platform allows certain users ("administrators") to grant other users access rights at team/club level (or higher). Depending on their authorisation, users with such access can view and change the content of other users.
The Asport platform allows a user to manage the privacy settings of their content. The following options are available:
Public: Content of the user will be publicly accessible.
Hidden: The content of the user will only be accessible to those persons who own the corresponding link. This link can optionally be password protected.
Private: Only the user or his organization/club/team has access to the content.
The user can adjust these settings at any time via the Asport platform.
e) Personal details
The following user data may be generated when using the Asport platform:
I) User data (in particular photo, gender, date of birth, country, postal code, information about living situation, etc.),
II) Data which the user discloses and collects when registering on the Asport platform (e.g. personal data, space conditions etc., i.e. service-specific settings),
III) non-personal data, which may be generated and personalized due to technical processes during the use of the Asport platform,
IV) Internet Protocol addresses or IP addresses,
V) Personal data and other data which the user discloses when participating in interactions on the Asport platform,
VI) reactions of other users to the user's information communicated by e-mail, chat or electronically.
f) Third-party data
g) Use of personal data
The subscriber collects, stores and processes personal user data to the extent necessary for the administration, processing, publication and dissemination of content (e.g. match analyses) and information relating to sporting events, trainings etc. via the online platform.
Contracting parties or authorised third parties will only collect, process and use personal data to the extent required to fulfil the contract. The subscriber has concluded corresponding contractual agreements with the contractual partners for this purpose. The user agrees to the collection, processing and use of such data to this extent. This also includes the written, telephone or e-mail notification of users and information about technical changes or errors in the use of the Asport platform.
h) Processing of personal data by the provider
The provider processes personal data within the scope of using the Asport platform for the following purposes:
- to provide and improve the services of the Asport platform
- for support purposes
- to inform about innovations and changes of functionalities and services of the Asport platform
Furthermore, reference is made to the provider's data protection declaration.
i) Disclosure of personal data
The subscriber does not pass on any personal data of the user to third parties without having informed the user and obtained his consent.
We reserve the right to disclose the information to and process it by third parties if this is necessary or appropriate in order to comply with applicable laws and regulations or to check compliance with them and to respond to enquiries from competent authorities.
If the user uses the Asport platform, information may be automatically stored on the user's computer. This occurs in the form of so-called "cookies" or a similar file which help Asport or its contractual partners, for example, to know the preferences of users of the Asport platform and to improve the Asport platform.
Most browsers allow you to delete cookies, prevent their installation, or generate a warning before they are installed. Further information can be found in the browser instructions.
k) Financial information
The Asport platform offers the possibility to buy services, further content or extensions. For this a user has to indicate a valid payment method (e.g. credit card or PayPal account). The user's payment information is collected and processed by our authorized payment providers (x or similar). The Subscriber does not collect or store credit or debit card numbers as part of the normal processing of transactions.
l) Data security
The user is aware that data protection cannot yet be comprehensively guaranteed for data transmissions on the Internet according to the current state of the art. In this respect, the user himself is responsible for the security of the data he transmits to the Internet.
On the Asport platform Secure Socket Layers (SSL) is used as a security system. All personal information, such as user name, address or passwords are sent encrypted and stored on a server that is protected from unauthorized access.
m) User rights
The User may at any time request the Subscriber to send him a copy of the personal data relating to him in accordance with the Data Protection Act. Furthermore, the subscriber will correct or delete this data at any time at the request of the user. The user can contact the subscriber directly.
9. General terms and conditions of third parties and links
9.1 Certain services on the Asport platform are not provided by Asport itself. For the use of these services, the terms and conditions of the respective providers of these services apply to the users.
9.2 The subscriber is not responsible for the content of websites to which links are provided on the Asport platform and excludes all liability. Any liability claims of the user against the subscriber in connection with such links are - to the extent permitted by law - excluded.
10. Final provisions
10.3 All communications from the Subscriber to the User shall be deemed to have been made when Asport sends the communication to the User by e-mail to the address provided by the User (cf. Section 3.2).