For the purposes of these Terms of Use (“Terms”) the following definitions are used:
Operator: the company EYES VISION S.R.L.,with the registered office in Trento, zip code 38123, Italy, Via alla Cascata n.56/C. C.F. and VAT number 02424590228, registered in Trento under number 223648, email info@eyeson.sport, PEC info@pec.eyeson.tennis.
System: “EYESON” (Sito web o Sito) being hosted by company domains “WEB” ( www.eyeson.sport , www.eyeson.tennis, www.eyeson.games ), the mobile devices and smartwatch App of the same name “EYESON” (App), devices and other Users interfaces (Kiosk and interfaces), system of video-monitoring (cams) installed on enabled sport courts and any other way of access and use of Services;
User: System User;
Signed Up User: User who creates a personal account by signing up using the website or on App;
Guest User: Non signed up User who signs up using Kiosk or in other methods provided by the system selecting “Guest” profile and filling his/her general information in;
Professional:User who acts in the course of his business;
Customer: User who acts with no business and profession purposes;
Registration Phase: User registration phase to the system for the use of services as described in these Terms of Use or in other contractual conditions provided;
Services: Activities and services provided by the Operator for the sport performance monitoring r and the relating statistics process for sportive purposes, as well as any other activity and service offered by the system Operator;
Additional Services: Any other service, activity, resource and/or tool, free or to-pay, within the system, different and additional in relation to the Services;
Registration Form: the form provided by the System for the user to proceed to its own registration;
References: the USER ID and PASSWORD chosen by the User during its registration, to use to access the Personal Area and purchase the Services;
General Conditions or (Terms of Use): the following General Terms and Conditions, through which the Operator wants to ensure the System proper functioning and the provision of services for Users;
Personal Area: area in the System in which the Registered User, can access only with “Log-in Information”;
Log-in Information: all the User personal information needed to access to the Personal Area;
Cart: stage of process in which the registered user submits its request of pay-per-use Services activation, selecting the additional and requested Services and purchase method;
Consumer's Code: the Consumer's Code, ruled by D.Lgs 6 September 2005 n. 206 and following modifications and revisions;
GDPR: the General Data Protecting Regulation, ruled by UE 2016/69
Privacy Policy: the Privacy Policy in compliance with GDPR and accessible via www.eyeson.sport
These General Conditions govern the general Service rules offered by the Operator through the System to all Users.
Particularly, by these General Conditions, the Operator intends to inform users about their rights, as well as arising from this relation and from the Consumer's Code, notably from their Part III, Title III, Chapter I “Consumers Right in Contracts”, and from E-commerce Decree and GDPR also, whose Privacy Policy is available at www.eyeson.sport
The User accepts these General Condition, for the applicable part to his/her specific status, by the time that he/she keeps surfing on the website or on the mobile App. In the case of the User registers on the Website or on the App (Registration Form), or activates the pay-per-use services or registers as Guest User, accepts these General Conditions, for the applicable parts to their related profile, when he/she confirms the reading, comprehension and approval ticking the appropriate box.
The User is thus invited to carefully read these General Conditions, to save them and wherever there are any doubts, requests and/or feedback reports them to the Operator in order to make use of them to improve our Services. The Operator will respond quickly and in a comprehensive manner.
The System provides sport performance monitoring services and their statistic elaboration for sport purposes (Services), besides Additional Services.
The Operator could elaborate, use, publish images, video, audio, statistics, data, comments and other features related to the sport performance and other User data acquired and granted under Services provided by the System (User's Contents), making them available for the User itself on the bases of its registration profile, as referred to the General Conditions and System.
Services are provided through:
a) system of video-monitoring (cams) installed on enabled sport courts;
b) devices and other Users interfaces (Kiosk and interfaces) installed on sport courts enabled for the Services;
c) “EYESON” (website and site) and the mobile and smartwatch devices App “EYESON” (App) and their applications;
d) any other way of access and the use of the Services done by the User.
Other additional Services are also planned, accessible to single Users, from time to time indicated by the System. Any data reports and transfers with third parties will be specifically mentioned on the website as well as in these General Conditions.
The User knows that the Operator could use, in the Systems and in offered Services, software, services, third parties' applications and therefore it might be necessary a separate license of use to give access to those services. In such a case the Operator will notify the User about this aspect.
For the personal data processing (privacy) is required that the User is at least 16 years of age.
If the User is under 16 years of age a prior agreement with a parent or whomever exercise the authority or those who have the power of attorney or legal of other person in whose name or on whose behalf is strictly mandatory.
To close the contractual relationship the User must instead be of legal age (in Italy 18 years of age) and must be legally and naturally capable of acting and, on the contrary (for example if the direct beneficiary of Services is underage, interdicted person, inhabited, or any individual without any natural ability to act), consents must be supplied by whomever exercise the authority or those who have the power of attorney or legal.
In case the System provides the possibility for registration of an individual having associative or plural nature (society, institution, association, ext.) the User, who proceeds the registration, confirms to have the proper authorization and to represent the associative or plural subject whom the User profile refers to. Failing that, the natural person User remains personally obliged by virtue of the ordinary rules on representation.
The user can access to the Services on the basis of its status exemplified below:
Registered User
Guest User
which their profiles, abilities and dedicated Services are described in these General Conditions and in the System.
The User register itself after completing the required operations described in the System.
The registration is free.
When registering the User receives a USER ID and a PASSWORD which are the Log-In Information needed to access to the Personal Area and to use the offered Services. The User has the burden to look after its references, to keep them secret and use them for itself and not to give them to third parties.
Checking specific boxes in the form, the registered User accepts these General Conditions for the applicable parts, confirms to have read and approved the Privacy Policy accessible from www.eyeson.tennis , moreover he/she accepts to receive newsletter or any other communication about Services on the e-mail or in other methods and agree to any other processing for the purposes here listed.
The registration occurs in double-out-in way in order to avoid false applications.
When registering the User guarantees completeness, correctness and truthfulness of the provided data and particularly guarantees to: a) be of age and capable, b) own the qualifications required when registered, c) be the legal owner of the information submitted, to be construed as real, corrected and upgraded, d) observe all legal provisions and contractual laws applicable to the relation with the Operator, e) commit to respect the arrangements dictated by national legislation with particular interest on imperative nature laws, related to the public order and to the morality standards, f) not transfer to third parties his/her personal information.
After registration the User can enjoy the dedicated Services and proceed as Registered User in all the ways listed in these General Conditions and in the System.
The registration allows the creation of a Personal Area where video, images, statistics and any other data regarding the User's performance are made available to the User itself (User's Contents). The access to the Personal Area is possible as long as the User is the owner of an active profile. Wherever the User's profile has been disabled, the User can access to his/her Personal Area and see the information provided during the registration process, but he/she will be not able to see the User's Contents any longer.
Anyone who does not already have an active profile becomes a Guest User after completing the subscribing forms on court with that status, in accordance with the methods set down in the System.
Checking the proper box in the form during the access process to the system on court, the User accepts these General Conditions and confirms to have read and approved the Privacy Policy accessible from www.eyeson.sport, and allows any other processing for the purposes here listed.
Once these operations are done, the person concerned can operate as Guest User and take advantage of on court dedicated services, in all the ways listed in these General Conditions and in the System.
The use of these Services for Guest User may be limited in terms of delivery.
The User Guest has no Personal Area in the System.
At any time, the Guest User can register to the System and access to the Services in the Personal Area related to the activities done after the registration.
At the time of registration as Guest User, as better explained above, the User guarantees:
to be legally and naturally capable of acting and, on the contrary (for example if the direct beneficiary of Services is underage, interdicted person, inhabited, or any individual without any natural ability to act), consents must be supplied by whomever exercise the authority or those who have the power of attorney or legal;
that an eventual and previous registration has not been canceled, blocked, suspended or interrupted for any reasons related to these General Conditions;
completeness, correctness and truthfulness of the provided data;
to not use the System in order to bothering the Operator, the System and other Users.
If the submitted information undergoes some changes, the User undertakes to report them to the Operator.
The Operator reserves the right to not accept any registration form, priced Services purchase or any Guest User registration, in all cases when there might be a misuse, irregularity, impropriety and similar.
The User is the only responsible for the access to the System using its references and liable for all operations made on the System itself (especially Website and App) using the references.
The User is the only responsible for any activity taken in the System by the personal account, both for personal reasons and for unauthorized third parties.
The User has the burden to look after his/her references, to keep them secret and use them for himself and wherever he/she suspects that unauthorized third parties came to their knowledge he/she must change them immediately.
The User, however, undertakes to use the registration, membership, the Guest User registration and the connected Services not for sharing information, profiling other Users, direct or indirect marketing, competition, corporate espionage purposes, as well as for any other purpose contrary to the System and Services.
All the information provided by Users to the Operator will be treated in accordance to the Privacy Code, under the Policy on the website www.eyeson.sport .
In alternative to procedures listed above, it might be available a registration procedure using a User's profile already enabled on a social network.
In this case, using this form the User allows to establish a link between its social profile and the System, with consequently exchange of data between these two resources, following the Privacy settings chosen by the User itself.
In any case, to this specific registration form will be applied, where consistent, the registration procedure rules.
Services offered by the System are available on court, in the App and in the Personal Area.
The usage of on court Services is permitted to the conditions set out by the club where the system is installed. Where provided, the Club may request a fee for those services.
The Operator reserves the right to make provision of other priced Services, giving specific disclosure into the System.
The System provides registered Users also with additional Services, for free or priced.
In all the cases the User is the one and only responsible for the object and the content of the information created or submitted to the Platform.
The Guest User's services are listed in the System.
The planned priced Services fee requested by the Club is available in the Club, the additional priced Services fee requested by the Operator is shown on the Website pages or specifically shown in the System.
The User can access the paid Services provided by the Club according to the procedures established by the club itself, the Operator may regulate access to these services on the basis of the information received from the Club, by decreasing the number of credits (Club Credit) associated with the requested service from the residual amount held by the User and initialized by the Club. In this case, these Club Credits, which have only a local validity, must be purchased at each Club under the conditions provided therein.
The User can access the Operator's paid services offered and described in the respective information sheets in the System according to the activation procedure indicated in the System itself. It may consist in the use of a certain number of prepaid credits (Eyes On Credit), associated with the requested service, according to the policies present in each Club. The necessary credits must be purchased in advance on the Website of the Operator, these credits do not expire. The residual credit not sufficient for the purchase of the paid service can be used by integrating it with a new purchase of credits. In this case, the number of remaining credits will be added to the number of credits of the top-up made.
The publication of priced Services is intended to be as an invitation to the User to submit a contractual proposal of Services. The activation form from the User is a valuable proposal of contract and involves the complete knowledge and full acceptance of these General Conditions.
The activation form of paid Services is considered to have been made at the time of the validation “click” by the User, without prejudice to the right of early cancellation of the request itself, where possible, and in any case without prejudice to the right of withdrawal, where provided. The Operator reports a confirmation statement.
The fulfillment of the request for activation of the paid Services is carried out within the terms indicated in the System and specified by the Operator.
In any case, the Operator reserves the right to suspend the acceptance of the request for activation of the Services in the cases provided for in these Terms of Use and in the System and, even, not to accept the request itself in some events, for example in the case of inability to provide the service: in this case, the User will in any case be informed before the activation is completed.
The conclusion of the service contract takes place only when the request for activation of the Services by the User receives the activation confirmation from the Operator.
The User has the duty to verify the correctness of the data in the activation confirmation email sent by the Operator and to promptly report any errors or omissions to the Operator by writing to the email address indicated in the System.
The User can use the Operator's paid services only after completion of the required operations (use of credits) and upon payment of the amount indicated for a proper number of credits.
The payment methods provided are made via the Stripe payment platform (world-leading in guaranteeing and certifying the security of bank data) and involve the use of Credit Cards and Prepaid Cards, depending on what is indicated on the Site and compatibly with the accepted payment circuits.
The Operator reserves the right to provide for further payment methods in the future.
The use of the paid services purchased remains suspended until the actual payment of the fee or the capacity of the residual credits relating to the services requested has been verified.
The User may request the cancellation of the activation of the paid Services, having regard to the progress of the activation request under the rules indicated in the System.
In particular, the cancellation of the activation can take place only before the receipt of the confirmation email of acceptance of the activation request by the Operator. In the case the User wishes to proceed with the cancellation at this stage, he must contact the Manager as soon as possible in order to know the progress status.
The cancellation request is free, but in this case the expenses already incurred by the Operator will always be covered by the User.
However, the right of cancellation is without prejudice to the exercise of the right of withdrawal in favor of the Consumer, where applicable.
Please note that the right of withdrawal in favor of the Consumer, ordinarily provided for by the Consumer Code within 14 days from the delivery of the goods or from the conclusion of the contract, is not applicable by law in the case of services already fully provided as well as the supply of content. digital on non-material support. Our paid Services are of this nature and therefore, although you use them as a Consumer, YOU ARE NOTIFIED THAT UNDER THE CONSUMER CODE THE RIGHT OF WITHDRAWAL IS EXCLUDED AND YOU WILL NOT HAVE ANY RIGHT TO EXERCISE IT OR OBVIOUSLY TO OBTAIN ANY AMOUNT FOR REFUND.
In the case of the Operator is unable to provide the Service, due to reasons directly attributable to the Operator, the User is informed as soon as possible, indicating a deadline for availability. In the event that the inability to provide the service continues over time, the User has the right to be able to immediately revoke the activation or to stop his proposal. In the event of continued unavailability of the service, if the User decides to revoke the activation, the amount will be credited back within 14 (fourteen) days from when his decision is received by the Operator. The refund is made with the tool submitted by the User at the time of the activation request and will be quantified in proportion to the services used up to that time.
The hypothesis in which the inability to provide the Services is due to reasons unrelated to the Operator is excluded from the provision of the preceding paragraph, in which case the operator itself is exempt from any liability.
The Operator reserves the right to disable the Users profiles which have not used on court Services for over two years. In this case the User Contents might be removed and no longer available.
On court services are offered to Registered and Guest Users only in sport Clubs and other places equipped with “EYESON” system, and are accessible upon booking the specific courts equipped with the system and only after User Identification following the Service available modes (Website, App, Interface, kiosk) before starting the game.
The amount of paid Services does not include neither the rent fee of the sport court, nor further other expenditures for activities not included in the Services (e.g. trainer fee).
During the game, the System provides, through the Kiosk placed on the sidelines of the court (if properly equipped with this system configuration) or through the App (if provided), the services, information and data provided for the profile of the User concerned. Once the sporting performance is over, additional services and information will be available within the Reserved Area of each Registered User based on the individual profile of the User concerned.
The video-recording affects all players on court, but the use of the related Services is dedicated to enabled Users only, as stated in the System.
The User is the owner of the data concerning him and which himself submits to the Operator. These data are reported in his Reserved Area. The User may share some of this data (e.g. multimedia content) with third parties (coaches, friends, social channels, ...).
Without prejudice to the foregoing, with the creation of his profile, the User grants the Operator a non-exclusive, temporally and territorially unlimited, fully transmissible, transferable and sub-licensable right, free of charge or in any case already fully compensated by the Services rendered by the Operator, having to object the use of such data and in particular of video recordings and own images, of other data and information entered into the System and of all other information integrating the User Contents, for purposes relevant to the EYESON project. For these purposes, the Operator may use the images, statistics, data relating to sports performance and in general the User Contents acquired through the System, for commercial purposes or for communication to its partners, subject to the provision of consent by the User. In any case, the video footage, images and data relating to the User will be used in accordance with the provisions of the Privacy Policy available on the website www.eyeson.sport .
This right remains with the Operator even after the termination of the relationship with the User, until it is expressly revoked by the interested party.
Without prejudice to the foregoing, the User has the right to portability to himself or to another Operator of similar services only in relation to those data that he himself has provided to the Operator and / or to the System, while that information that are processed by the Operator and / or by the System are excluded from the portability (for example reports, statistics, sports experiences, etc.), even if relating to User data.
The Operator is not responsible if, during the video-monitoring of the performance, subjects other than Users are also filmed, who for any reason are inside the court or in its vicinity (by way of example but not limited to, other players, spectators, supporters, etc.).
The availability of each single service and any different indication based on the availability, by the Club or facility, of the sports court in which the service is to be provided remain unaffected.
The Services can be used on the sports courts of clubs and facilities enabled with the EYESON system: the Operator is in no way responsible for the possible unavailability of the service due to incorrect or omitted information from the Club or facility.
The Eyes On PRO System allows you to archive the multimedia contents of your sports performance in the personal area of each Registered User.
In particular, the videos relating to Instant Review are kept up to a maximum number of 20, once this limit has been reached, the oldest videos (or the less interested ones) must be deleted in order to archive the new ones. Alternatively, you can download the Instant Reviews locally in your device and delete them from the Personal Area.
Apart from the previous exception, during the first year of registration the number of multimedia contents is unlimited, after this period the Operator may require the User to limit the total amount of space occupied for the storage of all multimedia contents to 10GByte. However, the Operator offers a Paid Service to extend the number of multimedia contents accessible to the User over time.
The Eyes On FUN System allows you to archive the multimedia contents of your sporting performance in the personal area of each Registered User.
The video of the entire match remains accessible for 30 days to authorized users. In this period of time, Users can obtain and save various video clippings using the appropriate feature available.
During each session, Users (via App or physical devices in the field) can request the saving of short videos, “highlights”, up to a maximum of 50 per session.
Up to 200 highlights are stored in your personal area. Once this limit is reached, the oldest highlights (or the less interested ones) must be deleted in order to archive the new ones.
After the first year of registration, the Manager may request the User to limit the amount of space occupied for storing all multimedia contents to 10GByte. However, the Operator offers a Paid Service to extend the number of multimedia contents accessible to the User over time.
The User has a right to withdraw, free and unlimited, with regard to free Services.
In the event that the User makes use of paid Services, the right of withdrawal can in any case be exercised only with reference to the functions relating to the Services and in any case is excluded for those upon payment, including the exclusion of the reimbursement of the amount paid, for this problem take a look at what stated for paid Service.
Please note that the right of withdrawal in favor of the Consumer, ordinarily provided for by the Consumer Code within 14 days from the delivery of the goods or from the conclusion of the contract, is not applicable by law in the case of services already fully provided as well as the supply of content. digital on non-material support. Our paid Services are of this nature and therefore, although you use them as a Consumer, YOU ARE NOTIFIED THAT UNDER THE CONSUMER CODE THE RIGHT OF WITHDRAWAL IS EXCLUDED AND YOU WILL NOT HAVE ANY RIGHT TO EXERCISE IT OR OBVIOUSLY TO OBTAIN ANY AMOUNT FOR REFUND.
Exercising the right of withdrawal makes it impossible for the User to use the Services covered by these General Conditions.
The right of the Operator to continue to use the video footage, images, information concerning the User remains unaffected, until the latter is expressly revoked, as regulated above.
The right to the portability of the data provided by the User also remains, within the limits of what is regulated above.
Finally, although deleted by the User, some contents may remain in the Operator's computer systems, as well as incorporated into the automatic backup services.
The User undertakes as of now to hold the Operator indemnified and unharmed from all prejudices that may arise as a result of any violation, incorrect behavior, acts or facts put in place by the User himself.
In case of force majeure the Services provision will be suspended.
Considering what stated in the System, by way of example but not limited to cases of force majeure, in addition to those normally considered, the total or partial strikes, internal or external to the Operator's company, the blocking of the means of supply of the System and / or the Services for any reason, governmental or legal restrictions, blocking of telecommunications including networks and in particular the internet and similar.
The Operator warns Users that the System do not guarantee the achievement of sportive, competitive or not competitive results, nor of the body or health care.
The Operator invites Users to consider the common risks related to sportive activities.
Moreover, the Operator does not respond to:
the truth and correctness of data provided by the User;
every prejudice coming from the usage of Services from the User different from the contract forecast and/or from further instructions given by the Operator;
every injury, damage suffered and similar during the User sportive performance;
every prejudice inherent to goals that the User pursue through Services or the ways in which he uses them;
every prejudice inherent to the specific use of Services and their object with regard to critic situations that lead to, for example, specific risks for people safety and health, for the environmental protection, for the public order, for the decency and similar;
failure to achieve of aims, results, expectations, outlooks and the like;
every prejudice coming from the suspension of Services and other consequences of the payment failure or delayed, in the foreseen cases;
anytime provided Services by the Operator are governed by arts. 14, 15, and 16 of the D.Lgs. 70/2003 of 9 April 2003 and arts. 12, 13, and 14 of the Directive 2000/31/CE of 8 June 2000.
Notwithstanding the above, in all the cases the eventual responsibility of the Operator towards the User is exclusively the one defined in the Contract. To this purpose it remains intended, right now, that:
the Operator is required to obligation of means and non for results
the Operator is not subjected to any general obligation of surveillance and therefore does not control nor monitor behaviors or acts put in place by the User through Services.
Services are provided by the Operator with no explicit or implicit warranties any kind.
The Operator cannot guarantee that the use of Services is prompt, uninterrupted, safe or error-free, that eventual defects, errors or malfunctions will be corrected and Services and the System or the server which make Services available are free of viruses or anything else harmful.
The Operator, its officials, agents, representatives, employees, partners and licensees are not liable for damages, including those coming from any lost profits, business interruptions or loss of data, resulting from the use or impossibility of use of the Services.
If the event that the Operator is found to be liable for any damage or loss which is in any way connected with the use of the Services, the Operator's liability shall not exceed the amount paid by the User for use of the Services during the contractual period in progress at the time of the occurrence of the damage. In any case, liability for an amount greater than that paid by the User for the single Service, ordered or renewed, affected by the harmful event is expressly excluded.
The Website, App, the registered trademark “EYES ON”, the System as a whole and in its single components and every good object of intellectual an industrial propriety afferent to the same are the exclusive propriety and/or authorized license of the Operator.
The total or partial reproduction, on every type of support, the use, the transfer, total or partial, of elements that compose the System, are strictly forbidden.
Thus, is likewise forbidden to copy, disclose and modify contents protected by copyright, by trademark law or by other right of industrial and intellectual propriety or by any other right or protection.
Marks and logos of platforms that allow means of payments, social-networks and every other logo nor directly or indirectly attributable to the Operator belong to their respective owners and are mentioned in the website only for informative purposes in order to enable Services.
The goal is to make safe the use of the website and the App from all Users, the Operator cannot guarantee it however.
For this purpose the Operator ask all Users to help him guarantee the System security and for this reason is being forbidden to publish spam, develop or use third parties applications with illicit contents or contrary to the public moral or to the decency; use the website and Services for illegal, misleading, malicious, or discriminating scopes; to undertake actions that might stop, overload or compromise the proper functioning or the appearance of the website and Services; submit false and/or made up and/or of fantasy information or from third parties different from the User, except the case of legal representation, of the registration form necessary for activating this contract and the further related communications; commit any other action both detrimental for the Operator, for its partners and its Users.
The sales contract will be considered canceled according to and for the purpose of the art. 1456 of the Italian Civil Code, in every case of violation of the rules of this General Conditions, with particular, but not exclusive, regard to the following:
13) Right of Industrial and Intellectual Propriety; 14) Security of The System and Users
It is also cause of termination the occurrence of a circumstance sufficiently serious to prejudice the relationship of trust between the parties.
The legal termination is finalized when the party intends to takes advantage of this clause and reports to the other and indicates the circumstance, among those provided above, which he/she believes to have occurred.
Wherever a clause of these General Conditions was declared null or void, the eventual nullity will not extend to other clauses, which will still be remaining valid and efficient.
The Operator reserves the right to modify, in any moment and without forewarning, the content of these General Conditions: the relationship will be ruled by the content of the General Conditions published on the website or in the App by the time of the sending of the activation form of Services from the User.
The User is thus invited to take vision of the text of these General Conditions always before of the sending of the form for the provision of Services.
Failure to exercise a right by the Operator does not represent any waiver of action against the User or against third parties for the breach of commitments undertaken.
The Operator therefore reserves the right to assert its rights in any case, within the terms granted.
Although not specifically mentioned in these General Conditions, in addition to the D.Lgs 6 September 2005, n. 206 (Consumer's Code) and subsequent amendments and additions for the respective scope, reference is expressly made to others applicable regulations with express reference, but not limited, to the D.Lgs. 9 April 2003, n. 70 (implementation of the Directive 2000/31/CE to those legal issues of the information society, particularly the e-commerce, in the internal market) and subsequent amendments and additions as well as to the D.Lgs. 101/2018 which implements the EU GDPR Regulation, and as to the Civil Code and other applicable sector regulations.
The User is invited to carefully read the disclosures about the processing of personal data (Privacy Policy) pursuant to the art. 13 of the Privacy Code, as well as the disclosure about cookies pursuant to the art: 122 of the Privacy Code, reported to the website appropriate page and to the App and Kiosks, with the related consent to the processing wherever required.
General Conditions and Services described in them are exclusively ruled by the Italian law, by community regulations of the EU and by International Conventions that take effect and are recognized in the Italian Republic.
All Services and information in this site are in Italian and in English notwithstanding the possibility to provide the use of other languages.
Mandatory statutory obligations, such as those provided by the law for the consumer protection law (Consumer's Code) are automatically intended as derogations of the related clauses of this contract, which remains in force for all the remaining conditions that have not been derogated.
The User can forward a claim to the following addresses:
- support@eyeson.sport
In any case, for the resolution of controversy rising from the effective application of the contract it is possible to apply to out-of-court resolution procedures of controversies, of part V, title II-bis, of the Consumer's Code, in front of consumers mediation bodies pursuant to D.Lgs 4 February 2010 n. 28 and other bodies ADR (Alternative Dispute Resolution, thus resolution of disputes alternative to the judicial or the contentious one) indicated therein.
The Operator remembers that the EU has implemented a platform for the resolution of disputes raised online, therefore consult this link:
https://webgate.ec.europa.eu/odr
Or visit this other link which directly refers you to the platform in Italian:
https://webgate.ec.europa.eu/odr/main/index.cfm?event=main.home.show&lng=IT
Notwithstanding the above, for any controversy inherent to the interpretation, implementation and resolution of these General Conditions and to the resulting relationship, if the User is a Customer, he/she could choose alternatively if apply to the Juridical Authority of his/her residence (if different from Italy) or to the Italian one, in case of application of the Bruxelles Convention of 1968 i.e. of the Community regulation 1215/2012.
In the case of Italian jurisdiction, if the User is a Consumer, the mandatory territorial jurisdiction lies with the judge of the place of his residence or domicile, pursuant to art. 66-bis of Legislative Decree 206/2005.
If the User is a Professional pursuant to the applicable legislation, however, the Italian Judicial Authority has exclusive jurisdiction and the Court of Trento is exclusively competent, without prejudice to the mandatory and exclusive jurisdiction of the Court of Trento, Section Specialized in Business Matters, for the cases expressly provided for by the applicable legislation.
Any exclusive and mandatory jurisdictions and competences provided for by sector legislation remain unaffected.
Any communication between the parties will be considered valid and effective if submitted to the addresses indicated in these General Conditions or to those then modified and reported to the other part at the last known and valid address.
Last update: 13 july 2022
In compliance with articles 13 (for data collected from the data subject) and 14 (for data not collected from the data subject) of Regulation (EU) 2016/679 (GDPR) Eyes visiON srl (“Controller“) provides the following information to Users (“Users“) of the Eyes On Services (“Services“). Users are those who come into contact with the Data Controller by accessing the Services through the (“Systems“): the websites (www.eyeson.tennis, www.eyeson.sport, www.eyeson.games), the pages on Eyes On social networks, the call center, the Eyes On App for mobile devices and smartwatches, Totems and video recording systems (Cams) placed on the courts and enabled for the Services. This information does not refer to other services, websites and third-party applications that may be visited through links from the Eyes On Services, for which it is suggested to read the related information provided by the respective Controllers.
Data controller and contact details
EYES VISION S.R.L., with registered office in Via alla Cascata 56/C, 38123 TRENTO (TN) (Italy) C.F. e VAT 02424590228 - email info@eyeson.tennis
Data Protection Officer (DPO) and contact details
The Data Controller has not appointed a DPO.
Categories of data processed and sources of origin
The Data Controller may process the data provided voluntarily by the User, for example through the contact form, registration to the Services or sending a communication via e-mail, including common personal data (identification, personal data, billing and the like), images and videos relating to the sports activity practiced. The voluntary use of the video recording systems by the User requires that the User is responsible for requesting and obtaining prior consent to the activation of the Cams by all the players involved in the game session.
The Data Controller may process navigation data, as well as cookies for which we invite you to read the specific “Information on the use of cookies“.
The Data Controller may process the analysis data of the sports activity carried out by the User generated with specific applications of the Data Controller itself (inferred data).
The data could come from automatic sources or from voluntary sources, as well as from public sources. For example, they could come from the user's navigation, which could bring with it information relating to previous consultations of other sites, including in particular cookies and other similar technologies. The data may also be provided voluntarily by the User or by subjects related to it. Other data could come from analysis applications of the Data Controller or from public sources, such as those processed in the context of research and coming from visures, public databases and the like.
The Data Controller may process the personal data (e.g. account name, email, profile picture) of the User's account used to access streaming services on social channels (e.g. Google YouTube, Facebook, ...). In this case, these data are not stored in the System nor are they shared with third parties, but are used only when using these streaming services requested by the User and exclusively for this purpose.
Purpose of the processing
The personal data of the Users of the Eyes On Services, as described above, will be processed in the manner and in the forms prescribed by the GDPR, for the performance of the functions of the Services. In particular, the processing of personal data pursues the following purposes:
for the visit to the Web Site, the consultation of the information published therein and the use of the related services, including the e-commerce services carried out therein and the related services of sale of goods and services as offered on the Website, delivery and the like;
for the management of navigation data and for functional or technical reasons that allow the same use of the contents, also through technical cookies, for reasons of aggregate statistical survey, also through analytics cookies, for the provision of personalized content or services, also through profiling cookies, if provided and with prior consent; please refer to the appropriate Cookie Policy for further information;
to follow up on the specific requests addressed to the Data Controller by the User through the Website and its communication tools (contact forms, e-mail messages, information request forms and the like);
for the provision of the Services for monitoring the performance of sports activity, the related processing, including statistics, and for the video recording of sports activities and events in which the User participates or that the User manages as manager of the Club's Eyes On facility (“Club manager“); in this regard, the User is advised that the Service and the services related to the Eyes On System are based on the analysis of movement data of the player that may involve the detection and analysis of anatomical data (e.g. height of the User), posture, motion skills and in general data concerning the movement of the User's body within the scope and within the limits of the sports performance performed;
for any subscription to the newsletter, where provided, and the consequent sending of commercial communications and various information concerning the sector in which the Data Controller operates;
for the registration procedure for access to the Services or for the purpose of purchasing or using certain Services or, in cases where registration is not required, in any case for the shopping cart procedure where to enter the data relating to the tax profiles billing or similar;
for other ancillary purposes or related or consequential to those indicated above and, in any case, falling within the scope of the activities of the Eyes On Services;
for the processing of the e-mail address or telephone number, provided by the data subject in the context of the sale / supply of a product or a service, also aimed at sending, without further consent, communications for subsequent similar information; the data subject may in any case express his refusal and oppose such treatment, both initially and subsequently, easily and free of charge, following the instructions given in each subsequent communication;
for legal obligations and other mandatory purposes, such as billing or anti-money laundering profiles;
for the possible receipt of Curricula Vitae by candidates who intend to apply themselves to the Data Controller.
Legal bases on which the processing is based
For all personal data, the relevant processing is based on the following conditions of lawfulness (legal bases):
art. 6 par. 1 letter a) GDPR=consent: for the management of profiling cookies referred to in purpose no. 2 and for other processing subject to consent, including the ancillary purposes to the main ones that do not fall within the other legal bases, as per purpose no. 7; for subscribing to the newsletter referred to in purpose n. 5, if ancillary or additional to other treatments;
art. 6 par. 1 letter b) GDPR=contractual or pre-contractual obligation: for the visit to the Site or for access to the Services and for the processing of related navigation information, as well as for all e-commerce services carried out therein and the related services of sale / supply of goods and services as offered on the Website, as per purposes no. 1, no. 4 and no. 6; for the management of cookies referred to in purpose no. 2 other than profiling; for the processing of requests made by the data subject and the related answers referred to in purpose no. 3; for subscription to the newsletter when this is the sole or main purpose of providing personal data, in particular the e-mail address, as per purpose no. 5; for other treatments connected, functional and consequential to those just indicated, as per purpose n. 7; for the management of Curricula Vitae and related requests, as per purpose no. 10;
art. 6 par. 1 letter c) GDPR=fulfillment of a legal obligation: for the processing of all data necessary to fulfill legal obligations, including the processing of tax data related to billing profiles or other treatments required by law, such as those relating to anti-money laundering, as per purpose no. 9; for other treatments connected, functional and consequential to those just indicated, as per purpose n. 7;
art. 6 par. 1 letter f) GDPR=legitimate interest, for all processing included in the “information society services”, as well as for information purposes of the Data Controller. In this regard, the Data Controller invokes the legitimate interest for further communications sent to the e-mail address of the data subject pursuant to art. 130 paragraph 4 of the Privacy Code as per purpose n. 8, without prejudice to the free right of opposition of the data subject as illustrated therein.
Mandatory or optional nature of the provision of data
The provision of some data is in any case necessary for the structure of the Web site itself and for the provision of the Services. In particular, by way of example:
for sending messages through contact forms or for subscribing to any newsletter, the minimum data required therein are in any case mandatory, such as the name / surname and / or e-mail address and / or other identification data of the sender and / or the USERNAME; in any case, the contact form indicates which data are mandatory (with an asterisk “*“) and which are not;
for registration and access to the appropriate reserved area of the Web site, the USERNAME and PASSWORD are in any case mandatory, as well as other data related to the procedure for providing the Services, such as the name / surname / date of birth / gender / dominant hand / e-mail / denomination, the address and address for the delivery of the products / services being purchased, the tax code / VAT number and the like as better described in the specific purchase form. Failing this, the procedure itself cannot be completed;
Data indicating the User's geolocatization through the Apps, the video recording system and the related images taken, as well as the User's motion data in the court are mandatory for the use of the Services. Otherwise, the correct provision of the Services cannot be guaranteed.
The provision of data relating to the navigation by Users depends on the degree of privacy that the User has enabled or disabled through his browser or that he has managed through the appropriate commands regarding the management of cookies. For technical cookies, disabling it could affect the navigation of the Website.
The provision of all other data is optional.
Consequences of failure to provide
Failure to provide mandatory personal data prevents the Data Controller from sending the requested information or performing the further processing requested by the User or, in some cases, from being able to provide the services offered by the Eyes On Systems.
Failure to provide optional data does not produce these consequences, but could affect the processing of the request made by the User or the navigability of the Website itself.
Recipients of any communications and data transfers
The User's personal data are stored in archives located in countries of the European Union.
The data may be communicated to companies, professionals and other consultants who operate in relation to the purposes indicated in this information or related purposes, both intra EU and non-EU (in the latter case, it will be exclusively subjects for which an adequacy decision is in force or adequate guarantees are provided including Standard Contractual Clauses or consent has been collected or further derogations are provided for pursuant to art. 49 GDPR, according to the dictates of the Schrems II Judgment of the Court of Justice of 16 July 2020).
In any case, the data may be communicated to data processors and people authorized to process, always for the same purposes related to the services offered, as well as to any additional independent Data Controllers within the limits of the related purposes. Among the recipients are indicated in particular: the operators of the Data Controller as authorized subjects to process, its Data Processors and related people authorized to process for related purposes, for example of a managerial or fiscal nature, Google Ireland for Google Analytics, Google Ireland Ltd for Google Ads, Amazon Web Services EMEA SARL for the management of the Website and related services, Stripe for payment services.
The User can request the sharing of information with other people, for example he can share a video in his social channels, or he can share with a coach the videos and analysis data of the sports activity carried out, or, in relation to a certain game session, he can share the videos publicly on the Websites and social channels of the Data Controller. If the User decides to share the aforementioned information with other people, he must request and obtain prior consent from the other players involved in the same game session.
The User with the profile of manager of the Eyes On facility of the Club (“Club Manager“) can use the Systems to activate a live streaming through the Cam Eyes On (e.g. on the Club's smart TV or on its social channels) of the sports activity carried out on the court. In this case it is the responsibility of the Club Manager to request and obtain prior consent from the players involved in the game session to the publication of this information.
The Data Controller declines all responsibility in the event that data and video content are collected and distributed without the consent of all the people involved therein.
Generalized communications of data will not be carried out for further purposes and no dissemination of personal data will be carried out.
Retention period
The data provided voluntarily by the data subject will be kept until the revocation of the consent expressed by the data subject, or until the actions that the data subject can carry out, including the cleaning of cookies.
Navigation data and technical cookies will be kept for the technical time necessary to perform the functions for which they were collected. For the storage times of cookies in general, please refer to the appropriate Cookie Policy.
For any other personal data, the retention period is limited to the limitation period of the related rights or the end of the related legal or contractual obligations, including those relating to invoicing and the like.
Rights of the data subject
Rights of the data subject The data subject has the right of access, rectification, erasure (“right to be forgotten”), restriction of processing, receipt of notification in case of rectification, erasure or restriction, portability, opposition and not to be subjected to a decision based solely on automated processing, including profiling, which produces legal effects concerning him or which significantly affects his person, pursuant to Articles 15 to 22 of the GDPR.
These rights can be exercised in the forms and terms referred to in art. 12 GDPR, by written communication sent to the Data Controller by e-mail to the e-mail address referred to above.
The Data Controller will provide an adequate response as soon as possible and in any case within 1 month of receipt of the request, except in cases of extension or justified refusal pursuant to art. 12 GDPR.
Right to revoke any consent given
Where the processing is based on consent, the data subject may revoke it at any time by sending an e-mail to the e-mail address of the Data Controller referred to above, or through the appropriate commands of the Website in particular for the management of profiling cookies, as well as in any case by express communication at the headquarters of the Data Controller.
Right to complain to a supervisory authority
The data subject has the right to lodge a complaint pursuant to articles 77 and following of the GDPR to a supervisory authority, which for the Italian State is identified in the Guarantor for the protection of personal data.
The forms, methods and terms of proposition of complaint actions are provided for and governed by current national legislation, for Italy by a specific regulation of the Guarantor.
The complaint is without prejudice to any other administrative or judicial remedy; for judicial actions for damages, in Italy the action is brought before the Court competent for the territory.
Changes
Due to the fast development of the Internet and data protection law, we expressly reserve the right to make changes to this Privacy Policy.
Last update: 02 august 2022
In compliance. with the provisions of current legislation on the protection of personal data (in particular Regulation (EU) 2016/679 on the protection of personal data “GDPR“ and the European and Italian legislation on cookies and other tracking tools) with this Policy we wish to inform you about the processing of your personal data collected through cookies and other tracking tools similar to them, including those of third parties.
Type of cookies used on this Website
This Website uses its own and third-party technical and analytical cookies, it does not use its own- or third-party profiling cookies. Cookies are those text files that are automatically exchanged with the User's device in order to carry out automatic authentication, track sessions and store specific information regarding Users who access this Website. During navigation, the user can also receive on his terminal cookies from different sites or web servers (“third-party“ cookies); this happens because in the sites visited there may be elements such as, for example, images, maps, sounds, specific links to web pages of other domains that reside on servers other than the one on which the requested page is located.
The cookies that this Website uses are as follows:
Technical cookies, as such:
navigation or session cookies, guarantee the normal navigation and use of the website (allowing, for example, authentication for access to restricted areas);
functionality cookies, allow the user to navigate according to a series of selected criteria (for example, the language, the searches carried out) in order to improve the service provided.
Analytics cookies are similar to technical cookies when used directly by the site operator to collect information, in aggregate form, on the number of users and how they visit the site. The Website uses these cookies in individual and / or aggregate mode, to process analysis and statistics, as well as improve the services offered to Users. In any case, the navigation data are anonymized (in particular the IP address, for example by masking at least the fourth component of the address in the case of IPv4 protocol and similar procedures in the case of IPv6 protocol); the data processing amendment is activated or the procedure provided by the analytics service provider that does not allow him to combine the data, even so minimized, with other processing, nor transmit them in turn to other third parties; the use of analytics cookies is finally limited only to the production of aggregate statistics and takes place in relation to this Site, so as not to allow tracking of the navigation of the person who uses different applications or browses different websites.
EBoth these Cookies (technical and analytical), being necessary for the operation of the Site or in any case providing for forms of IP anonymization and avoiding the crossing of information, do not require consent based on the pre-contractual or contractual obligation (visit to the website).
For more information on Cookies read this article www.garanteprivacy.it/cookie
Verify and manage cookies with extensions or other tools
We inform Users that it is possible to verify, in real time, which cookies are used on the Site also through simple and free extensions of their browser.
For example, we point out Edit Cookies, a Google Chrome extension that allows you to verify, analyze, manage, enable, disable the cookies used on the Website: it can be installed at the following link
https://chrome.google.com/webstore/detail/editthiscookie/fngmhnnpilhplaeedifhccceomclgfbg?hl=it
Other tools also provide for the analysis of individual parts of the Site, to verify which of them use cookies and which cookies in particular. For example, we point out this tool
http://www.attacat.co.uk/resources/cookies
With the use of the Chrome browser, it is also possible to inspect the presence of cookies by selecting the appropriate item that appears by clicking with the right mouse button on the portion of the site you are interested in (“inspect element“).
However, please check if your browser includes other extensions or other tools for managing cookies (cookie manager or similar).
Manage cookies also from your browser
The User can always disable the use of cookies through the settings of the browser used for navigation. However, if cookies are disabled, some functions on the Website may be limited and the experience in general may be affected.
For the best information of the User, please remember the deactivation instructions of the main navigation browsers:
Technical, analytics and third-party profiling cookies
If the User uses any other service of another external party connected to this Website (both media sharing and otherwise), please look in the settings of the provider in question for the relative privacy management mode, possibly looking for the specific explanation page on any search engine with the keyword “privacy (provider name)“.
On the Your Online Choices website, on the page http://www.youronlinechoices.com/it/le-tue-scelte it is generally possible to receive information on the use of cookies and their blocking especially in the case of third-party cookies.
Duration of cookies
Some cookies (session cookies) remain active only until the browser is closed or the logout command is executed, while other cookies “survive“ when the browser is closed and are also available on subsequent visits by the user.
Data Controller, rights of the data subject and other information
For all other information pursuant to articles 13 and 14 of the GDPR, please refer to the GDPR Privacy Policy of this Website.
Last update: 13 july 2022
