TERMS AND CONDITIONS FOR USE / PRIVATE POLICY

Last Update: January 19th 2018

Fédération Internationale de Natation (“FINA”)
Chemin de Bellevue 24a/24b
1005 Lausanne
Switzerland

1. PURPOSE AND CONTENT OF THE FINA LEARNING PLATFORM

1.1 FINA Learning Platform: The FINA Learning Platform is an On-line platform accessible from computer or mobile devise for all the Aquatics Community to share and learn the best and last trends, techniques and promote aquatics worldwide.

1.2  FINA: Fédération Internationale de Natation (hereinafter “FINA”) is the sole worldwide sports organization governing swimming, diving, synchronized swimming, water polo, open water swimming, high diving and Masters, and owns all and any titles, copyrights, logos, designs, images, photographs, audio and video clips, texts, graphics, symbols and names in the FINA Learning Platform.

1.3  User: For the present document, and where applicable, the term “User” includes but not limited to (i) any registered users of the FINA Learning Platform (the “Registered User”); (ii) any visitors which are not registered users of the FINA Learning Platform; (iii) any Member Federations, athletes, officials and team members; (iv) any person which use the FINA Learning Platform. The Registered User is responsible to duly inform their athletes, officials and team members about these Terms and Privacy Policy.

1.4  By using the FINA Learning Platform, the User agrees to be bound by the Terms & Conditions for Use / Privacy Policy (hereinafter the “Terms” and/or, specifically, the “Privacy Policy”) set forth below, especially including the use of Personal data as specified. If you do not agree, do not use the FINA Learning Platform.

1.5  Information on this platform does not constitute an offer for products and/or services of FINA and/or the FINA Learning Platform, nor does it constitute advice or other instructions on the use of the FINA Learning Platform and/or services. To obtain binding information on the FINA Learning Platform and its services, direct contact must be made with FINA.

1.6  The right to modify these Terms and Privacy Policy of the FINA Learning Platform at any time is reserved by FINA, including but not limited to the right to amend, supplement or delete platform content in any way, at any time, for any reason and without prior notice. FINA shall not be liable in any way for possible consequences of such changes.

2. USE OF THE FINA LEARNING PLATFORM

2.1  The User shall not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works , transfer, or sell any information, software, products or services obtained from the FINA Learning Platform. Further, the User shall not reverse engineer, recompile nor disassemble the FINA Learning Platform in any way, shape or form.

2.2  The FINA Learning Platform is provided “AS IS” and any express or implied warranties, including, but not limited to, the implied warranties of performance, merchantability, fitness for a particular purpose, title and non-infringement are disclaimed.

2.3  The User acknowledges and agrees that no claim shall be made against FINA, FINA Event Organizers and/or any of its affiliate companies. To the maximum extent permitted by applicable law, in NO event shall FINA, FINA Event Organizers and/or any of its affiliate companies be liable for any direct, indirect, incidental, special, exemplary, or consequential damages (including, but not limited to, procurement of substitute goods or services, loss of use, loss of data, loss of profits, loss of confidential or other information, nor business interruption) however caused and on any theory of liability, whether in contract, strict liability or tort (including negligence or otherwise) arising in any way out of the use of this software, even if advised of the possibility of such damage.

2.4  FINA reserves the right to deactivate and disable any User account at its sole discretion.

2.5  Users of the FINA Learning Platform acquire no rights to the system or the information and data contained therein. Visitors may download or print out a hard copy of individual pages, forms, reports and/or sections of the system, provided that any copyright or other proprietary notices are not removed. The information and data associated with the lawful use of the platform and its functions may only be used for non-commercial, educational, private or domestic purposes. Use over and above that is only permissible if FINA has given express written consent in advance.

2.6  The User is fully responsible for the submission of any Personal data processed by the User. By accepting these Terms, the User accepts they have gained permission to handle and manage personal information on behalf of another individual through the FINA Learning Platform.

3. MEMBER ACCOUNT, CONFIDENTIALITY, PASSWORD AND SECURITY

3.1 The User will receive a password and account designation upon completing any registration process. The User is responsible for maintaining the confidentiality of the password and account, and is fully responsible for all activities that occur under the password and account.

3.2 The User agrees to: (i) immediately notify FINA of any unauthorized use of the password or account and any other breach of security; and (ii) ensures that the User exits from the User’s account at the end of each session. FINA cannot and will not be liable for any loss or damage arising from the User’s failure to comply with this Section 3.

3.3 The User shall not disclose and/or use any personal information, confidential information and/or other information obtained through the FINA Learning Platform. The User shall not disclose any confidential information to any third party. The User shall not make any use and/or commercial use of the confidential information.

4. DATA PROTECTION / PRIVACY POLICY

4.1 FINA takes the security and privacy of personal information seriously. This Privacy Policy set out the basis in which any personal Data obtained as a result of the use of the FINA Learning Platform will be recorded, processed and stored. All recording, processing and storing will be in accordance with the applicable data protection legislation for the purposes for which the information was submitted.

4.2 If and insofar as the FINA or FINA Event Organizer records, processes and/or stores any Data which is subject to data protection laws, the compliance with all corresponding laws and regulations is incumbent upon FINA or the FINA Event Organizer, as appropriate. Given this principle, the User agrees to the following:

4.3 Recording, processing and storing of data

4.3.1 The User acknowledges and agrees that, when using the FINA Learning Platform, data may be recorded, processed and stored by the system making a temporary record of each access and storing such record in a log file. This includes, without limitation, the recording, processing and storing of the following data until an automation deletion date: (the “Data”)

a) Electronic Device data:

(i) IP address of the requesting processor
(ii) Hostname of the User’s computer
(iii) Date and time of access
(iv) Name and URL of the downloaded file
(v) Volume of data transmitted
(vi) Indication whether download was successful
(vii) Data identifying the browser software and operating system
(viii) Web site from which the FINA Learning Platform was accessed
(ix) Details of the User’s visits to this platform including, but not limited to, traffic data, traffic patterns, site usage, location data, web-logs and other communication data, whether this is required for FINA’s own purposes or otherwise and the resources that the Users access.

b) Personal Data:

Any personal information that the User may provide voluntarily by filling in forms in the FINA Learning Platform (including but not limited to date of birth, passport details, photographs, contact addresses/details and biometric information) or by otherwise contacting FINA through the FINA Learning Platform.

4.3.2 The purpose of recording, processing and storing this Data is to allow use of the web site (connection setup), for system security, for technical administration of the network infrastructure and in order to optimize the FINA Learning Platform for all Users, as well as to ensure the proper administration, organization and operation of the FINA events. The IP address is only evaluated in the event of fraudulent access to the network infrastructure and/or the FINA Learning Platform.

4.3.3 Personal Data

4.3.3.1 All and any use of Personal Data is confined to the purposes stated in this Privacy Policy, and is only undertaken to the extent necessary for these purposes. Personal Data will not be transferred to government bodies or public authorities, except in order for the processing of Visa applications, to comply with mandatory national legislation or if the transfer of such Data should be necessary in order to take legal action in cases of fraudulent access to the network infrastructure.

4.3.3.2 The User agrees that Personal Data may be transferred to affiliate companies of FINA both domestic and abroad.

4.3.3.3 Personal Data may be disclosed to third parties who help FINA administer the FINA Learning Platform (such as Internet service providers) or to provide the services requested, both domestic and abroad.

4.3.3.4 The User agrees that Personal Data (such as name, date of birth, passport details, photographs, contact addresses/details and biometric information) may be disclosed and transferred to FINA Event Organizers for the purpose of registration to and participation in FINA events. Such information may be used for marketing purposes by the FINA Event Organizers, FINA Commercial Affiliates, FINA Agents and/or by FINA for the promotion of FINA activities, news and communications.

4.3.3.5 Personal Data may be disclosed if FINA or FINA Event Organizers are under a duty to disclose or share personal Data in order to comply with any legal obligation, or in order to enforce or apply FINA’s agreements; or to protect the rights, property, or safety of FINA and its affiliates, or others. This includes exchanging information with other companies and organizations for the purposes of fraud protection.

4.3.4 The use of the FINA Learning Platform may require prior registration and may involve more substantial processing of personal Data, such as e-mail addresses, User IDs and passwords. Such Data will only be used to process the order of the User.

4.3.5 International Transfer: Data collected through the FINA Learning Platform may be processed outside of Switzerland or the European Union in relation to FINA Events. By submitting their personal Data, the User agrees to this transfer, storing or processing for the purposes of FINA Events. FINA and FINA Event Organizers will take all steps reasonably necessary to ensure that the User’s Data is treated securely and in accordance with this Privacy Policy.

4.4 Security

4.4.1 The User acknowledges that the transmission of information via the Internet is not completely secure. Although FINA will protect any personal Data held within the FINA Learning Platform, the security of Data transmitted to this platform cannot be guaranteed and any transmission is at the User’s own risk.

4.4.2 Reasonable technical and organizational security measures will be implemented to safeguard stored personal Data against inadvertent or deliberate manipulation, loss or destruction and against access by unauthorized persons. The corresponding security measures are continuously improved and updated.

4.5 Cookies: Cookies which place technical session-control data in the User’s browser memory may be used. The corresponding Data is automatically erased when it is no longer needed.

4.6 Phishing: Identity theft and the practice currently known as “phishing” are of great concern to FINA. Safeguarding information to help protect the User from identity theft is a top priority. FINA do not and will not, at any time, request the User’s account ID, login password or national identification numbers in a non-secure or unsolicited e-mail or telephone communication.

4.7 Links to Platforms operated by Third Party providers

4.7.1 The FINA Learning Platform may contain links to web pages associated with FINA, FINA Event Organizers and third party providers. FINA has no way of influencing the practices of other providers with respect to Data protection, nor can FINA carry out any checks to ensure that they comply with the relevant legislation.

4.7.2 FINA accepts no responsibility whatsoever for these platforms and their operators and the information and/or products or services offered on such platforms. Responsibility for access to linked third-party platforms rests solely with the platform visitor.

5. RIGHT TO INFORMATION AND CONTACT DETAILS

5.1  Every User has a right to inspect any stored data concerning their person, and also the right to demand the correction or deletion of such data, and to withdraw their consent for any further use of such data. Any registered User has the possibility of inspecting, modifying and deleting such data online.

5.2  For the purposes mentioned in the paragraph above, any such request must be made by email to: elearning@fina.org

5.3 If a User communicates with the FINA or FINA Event Organizer by e-mail, it must be noted that the content of unencrypted e-mails can be intercepted and openly read by unintended parties. For this reason, it is recommended that confidential information should be transmitted in encrypted form or sent by post.

6. EMAIL

To the extent in which the FINA Learning Platform offers visitors the facility to send emails to the FINA Learning Platform and its staff, the delivery of such emails is at the risk of the sender. Information of a legal nature, e.g. setting of time limits, reminders, notice, etc. is not valid if sent by email. In particular, any delay in or absence of a reply to email messages sent to the FINA Learning Platform and/or FINA via its platform may not be construed as consent or rejection with regards to legal effect.

7. WARRANTY AND LIABILITY

7.1 FINA endeavors to ensure that information and Data published on the FINA Learning Platform is correct and current. However, it gives no undertaking in this respect and does not warrant or represent expressly or implicitly that the information and/or Data provided is correct, current or complete; this applies in particular to information and Data on the quality, availability or the suitability for a specific purpose of products and services shown on the FINA Learning Platform.

7.2 FINA does not guarantee trouble-free or uninterrupted access to this platform or the use of its functions. Similarly, it does not guarantee that the transfer of Data is trouble-free and/or uninterrupted.

7.3 To the maximum extent permitted by applicable law, FINA is NOT liable in any manner whatsoever for direct, indirect, incidental or consequential losses, including loss of income or profit or other consequential losses, punitive damages and/or claims of third parties resulting from the use of, access to, or inability to use the FINA Learning Platform and the information and/or the products or services contained within or respectively offered on this platform or any damages arising out of or in connection to the use of the FINA Learning Platform and Data.

7.4 This exclusion of liability shall particularly apply to damage inflicted by viruses or other harmful programs, or caused in any other way to computer equipment, software operated by platform visitors or their Data (including loss of Data).

7.5 The User agree to indemnify and hold FINA and its subsidiaries, affiliates, licensors, licensees, officers, agents, co-branders and other partners, and employees, harmless from any and all liabilities, losses, damages, claims, penalties, fines, costs and expenses, including without limitation reasonable legal fees, that may arise in connection with:

a. the User’s use of and access to the platform, the services, or FINA Content, as well as their connection to the platform, services or FINA Content;

b. the User’s failure to comply with any provision of the Terms; or

c. any claim by a third party that any of the User’s use of the platform, services, or FINA Content, by the User infringes any intellectual property, other proprietary or privacy right of such third party or has otherwise caused damage to a third party.

8. GOVERNING LAW AND PLACE OF JURISDICTION

The use of the FINA Learning Platform, as well as any dispute or claim in connection with such use, shall be submitted exclusively to the Court of Arbitration for Sport in Lausanne, Switzerland, and resolved definitively in accordance with the Code of sports-related arbitration and the laws of Switzerland. The Panel will consist of one (1) arbitrator. The language of the arbitration will be English.