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Collecting and processing your heartbeat rate data is essential for functionality of our service Fans’ Cup (hereinafter: the “Service”). However, we seek your explicit consent for us to process your heartbeat rate.

â–¡ I agree that United Hearts collects and processes my heartbeat rate while using the Service for the purpose of using the Service and to ensure functionality of the Service.

By creating an account you agree to our Terms and Conditions and Privacy Policy

Terms & Conditions

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  1. Introduction

These terms and conditions govern the rights and obligations between the Fan and United hearts, druge športne dejavnosti, d.o.o. (hereinafter: "United Hearts" or "we"). Fans' Heart is an application that measures the heart rate of Fans via a wristband. Since the passion of cheering is reflected in the heartbeat, Fans compete who is more passionate. In doing so, they compete as a group for the team they support and individually for themselves. Watching sports matches is passionate, but it can also be stressful. Fans can increase their passion and stress level even more through the Fans' Heart game. Therefore, Fans' Heart is only intended for those Fans who do not have health problems that could cause health risks when the heart rate increases. By registering, the Fan confirms that he is not aware of any medical problems that would require him to avoid an increased heart rate. Fans use Fans' Heart at their own risk.

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​  2. Definitions

The terms used in these terms and conditions have the following meanings: “United Hearts” or “we” means United hearts, other sports activities d.o.o., reg. no. 8667721000. “Fan” means any registered user of the Fans' Heart App. “Fans' Heart” is a collective term for an app and a game that allows fans to measure their heart rate while watching a match and thereby compete According to the Game Rules. "Game Rules" means the rules of the game Fans’ Heart published on the Fans' Heart App or on the website www.unitedhearts.eu or elsewhere, "Application" means the Fans' Heart application running on smart mobile devices with the appropriate version of the iOS or Android operating systems installed. "Registration" means registering with Fans' Heart through the Fan's Apple or Google username “Wristband” is a wristband that measures heart rate and connects to the Fans' Heart app.

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  3. Wristband

For the Fans' Heart app to work, you need to connect the Wristband to your smartphone. For the purpose of testing the application, we will provide the Fans a Wristband. The Wristband is our property and the Fans are obliged to return it after the end of the testing. Fans are obliged to use the wristband in accordance with the manufacturer's terms and conditions. Fans use the wristband at their own risk.

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  4. Awards

Fans who achieve the best scores in the Fans' Heart game may be rewarded according to the Game Rules published from time to time. Prize recipients are taxed as other income, but only if their value exceeds EUR 42 in accordance with the Income Tax Act. If the value exceeds this amount, by accepting the prize, the prize winners are obliged to provide the personal data required for the fulfillment of tax obligations: name and surname, address of permanent residence, place of residence, tax number and tax office. For the purposes of notification of acceptance of the prize, the winner also provides a contact telephone number. If the prize winner does not wish to provide the required personal data required to fulfill tax obligations within 7 days of the invitation, the prize cannot be handed over to him and the next best Fan will be announced as the prize winner. The prize that exceeds the value of EUR 42 will be deducted and tax will be paid in advance at the prescribed rate. The total value of the prize, which exceeds the value of EUR 42, will be included in the tax base of the prize winner, so the prize winner is liable to pay income tax.

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  5. Copyright

All rights derived from the game title and Fans' Heart app are reserved. The Fans' Heart game and application is protected by our intellectual property rights.

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  6. Limitation of Liability

We will do our best to make Fans' Heart work as well as possible, but we take no responsibility and make no guarantees that it will run smoothly. Fans use the Fans' Heart and the Wristband at their own risk. United Hearts is not responsible for any damage caused to the Fan due to the use of the Fans' Heart app and the use of the Wristband. United Hearts is also not responsible for any damage to mobile phones or any other equipment and devices as a result of using the Fans' Heart application.

 

  7. Protection of personal data

Protecting your privacy is important to us. As a controller of personal data, we undertake to protect all user personal data in accordance with Regulation (EU) 2016/679 of the European Parliament and of the Council of April 27, 2016 and applicable laws. All detailed information on the processing of personal data can be found in the Privacy Policy, where it is explained which of your personal data we collect, why we collect it, how we use it, which processing procedures we perform and what your rights are and how you can exercise them. The Fan is obliged to provide his personal data in a correct and true form and to notify us of any change in his data.

 

  8. Use of cookies

Fans' Heart uses cookies. The interaction between the Fan and the application is faster and easier with the help of cookies. With their help, the website remembers the Fan's preferred choices and experiences, thus saving time. Cookies may also be used for user tracking and advertising purposes. 

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  9. Resolution of potential disputes and governing law

We will try to resolve disputes amicably with the Fan. If an agreement is not possible, the court in Ljubljana is competent to resolve disputes, unless a different exclusive jurisdiction is determined by regulations for an individual case. We do not recognize any alternative dispute resolution provider as competent to resolve a consumer dispute that a consumer may initiate under the Act on out-of-court settlement of consumer disputes.

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These Terms and Conditions are governed by the law of Slovenia.

 

  10. Validity of the General Terms and Conditions

These general conditions are valid from 24 November 2022 until the adoption of new general conditions.

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​PRIVACY POLICY

 

  1. Introduction

This privacy policy (hereafter: the “Privacy Policy”) describes how United Hearts, druge športne dejavnosti d.o.o., (hereafter: the "United Hearts", "we" or "us") collects, processes and uses your personal information. Your use of the product(s), service(s) and related websites (“Service”) distributed by United Hearts, involves the collection, processing and use of your personal information. It is important for you to understand how this happens and how you may control it. You acknowledged that you have read and understood this privacy policy upon registration. If you do not agree with this privacy policy, you must not use the Service. If you change your mind in the future and you may withdraw your consent to use of your personal information in accordance with this policy. This Privacy Policy describes the choices available to you regarding the use of your personal data and how you may access, update and delete this data.

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  2. Collection of Personal Data

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  2.1. Information you give us

We receive and store any information you enter through our website and our mobile application or give us in any other way: 

  • when you register for the Service and, if applicable, when you link social media or similar accounts in order to set up your profile (we import from your connected social media your personal information which includes your name as it appears on your social media profile and your profile picture);

  • when you set up your profile for the Service (including date of birth and information you voluntarily elect to provide in order to customize use of our Service);

  • when you submit your contact details to us (including your name, email address and physical address) as part of promotional activities for the Service; and

  • when you make purchases in the Service (in which case we will process the information you provide to us to facilitate the payment).

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  2.2. Information we collect about you

We automatically collect certain data from you when you use the Service, including your IP address and device information (such as device type, network data, operating system) and information regarding your use of the Service, such as date and time stamps of actions. We also collect and store your data each time you interact with us, for example, when you use in-app support to communicate with us. Please note that even if you do not register or become a user or in case you do not provide us with your e-mail, we may automatically gather information from your computer such as your IP address, browser type, referring/exit pages, and operating system. This information however generally does not include personally identifiable information about you.

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  2.3.Information you generate and display while using the Service

While using our service, you generate information about your heartbeat rate which is scanned through wristband, smart watch or other entry points. This information allows us to distribute our Service to you. If we didn’t gather your heartbeat rate it would be impossible for you to use our Service. However, we gather this type of information, solely on the ground of your personal consent which was given before you started using our Service. If you didn’t consent that we collect information about your heartbeat rate, it would be impossible to provide you with our Service. You can always withdraw your consent, however in such event, we cannot distribute the Service to you thereon. You may also provide additional information as part of your profile. You may also provide or generate information when you communicate with other users in the Service. You acknowledge and agree that personal data generated within our Service, which includes information on your heartbeat rate while using our Service, should not be considered private and communications within our Services may be viewed by other users.

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  3. Legal Grounds

We collect your data on the following legal grounds:

  • Agreement between you and United Hearts: When you register for our Service, you enter into the contractual agreement with us and accept general terms and conditions of the Service. When you set up your profile, you enter your personal data that enables us to distribute our Service to you. 

  • Consent: In certain cases, we ask you to give us your personal consent to process and collect your personal data, which includes information on your heartbeat rate.

  • Legitimate interest: We may collect your personal data for the sake of our legitimate interest. In such event, we shall process only the data required to achieve the purpose and we shall implement all relevant personal data protection measures.

  • Law: We may collect and process your personal data if it is required by the applicable law, such as international treaties, EU regulations and national laws (such as tax regulations).

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  4. Purposes of processing your personal data

We process your personal data to provide and improve our Services and these purposes include:

  • Ensuring operation of our Services;

  • Recommendation and personalization – to recommend features, products and services that might be of interest to you

  • to ensure that content from our mobile app and website is presented in the most effective manner for you, your computer and your mobile device;

  • to share information about our services;

  • to notify you about changes to our services;

  • to conduct statistical analysis;

  • to develop and improve our Services and our Website.

 

  5. Legitimate Interest

We have a legitimate interest in ensuring that the Website and our services operate effectively, and to do this we may use your personal data:

  • to monitor, improve and administer the Service and our Website;

  • to contact you to ensure customer satisfaction in respect of our role as a service provider

  • assist you in getting the best value from our services;

  • to respond to customer support or other enquiries. We may also record and/or monitor any communication(s) (including telephone calls or other electronic communications) between you and us. We may do so in order to resolve queries in the future and for the purposes of ensuring security, staff training and complying with our regulatory and legal responsibilities.

We also have a legitimate interest in communicating with you and others, publicizing our business, and make sure that the content we provide is effective, so we may use your personal data:

  • to enable us to conduct surveys and analysis and identify other potential customers;

  • to promote our business, and to measure, understand, or improve the effectiveness of promotion we provide to you and others;

  • if you have indicated an interest on the Website, to contact you to provide you with information about us or the services we offer, and on other selected products and services that we think may be of interest to you (unless you have or will ask us not to do so);

  • to share informative content about our business or the industry in which we operate, including contacting you about reports we publish and new products we launch;

  • if you are journalist who is working in the sector in which we operate or related sectors, to provide you with news and updates about our business, and other relevant industry information,

  • in other circumstances seeking your consent to use your personal data. In such case we will ask you to confirm your agreement to your personal data being processed for a specific purpose, either through the Website or by other means.

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  6. Cookies

We use cookies to enhance your experience using the Services. Cookies are small files which, when placed on your device, enable us to provide certain features and functionality. You have the option to permit installation of such Cookies or subsequently disable them. You may accept all cookies, or instruct the device/web browser to provide notice at the time of installation of cookies, or refuse to accept all cookies by adjusting the relevant cookie retention function in your device. However, in the event of your refusal to install cookies, the Service may be unable to operate as designed.

 

  7. Children

Our Service is not intended for children under the age of 16 and we do not knowingly collect information from children under the age of 16. If you believe that we have unintentionally collected your children’s personal information, you may request the deletion of the information by contacting us at info@unitedhearts.eu. To be sure that our users are not children, we ask you to provide us your date of birth when you register for the Service. If such information indicates the user is under the age of 16, we will not collect further personal information from the child.

 

  8. How We Use Your Personal Information

We will use the information in the following ways:

  • Registration Information (such as: ID on third-party accounts, nick name, avatar and other information): We use Registration Information to set-up user accounts, allow users to log-in to the Service and provide Services to users.

  • Device Information (such as: device ID, device type, operating system, CPU, RAM, IP address, MAC address): We use this information to provide and improve the Service such as: to allow users to download and install the software on their devices; to record and keep track of requests from users of the Service; to detect the user network and device status when the user is using the Service; and to correct bugs or errors that occur when the user is using the Service. Use of Device Information is necessary to perform our contract with you to provide the Service.

  • Contact Information (such as: name, email, address, phone number): We use this information to send notifications to users to inform them of our promotional activities and any rewards they are entitled to.

  • User Profile (such as: age, photo and etc.): We use this information to provide customized services to users such as personal information page. 

  • Data generated while using the Service (such as: heartbeat rate, scores, chat logs etc.): We use this information to provide Services to users as it is the basis of our Service. Use of these data is necessary to perform our contract with you to provide the Service.

 

  9. Our Personal Data Protection Principles

We are strongly committed to protecting the privacy and security of your personal data. We are a "data controller”, which means that we are responsible for deciding how we hold and use your personal data. We will comply with data protection law, which stipulates that personal data shall be:

  • used lawfully, fairly and in a transparent way, applying the data minimization principle;

  • collected only for valid purposes that we have clearly explained to you and not used in any way that is incompatible with those purposes;

  • relevant to the purposes we have revealed to you and limited only to those purposes;

  • accurate at all times and kept up to date;

  • kept only as long as necessary for the purposes of processing;

  • kept securely.

 

  10. Transfer of Your Personal Data and Security

Your Personal Data will not be transferred to any third parties, except under the following circumstances:

  • we may transfer certain of your personal data to third party service providers solely whereas we will take reasonable precautions to ensure that these service providers are obliged to keep your personal data secure and confidential, in compliance with legal requirements;

  • we may disclose certain of your personal data if we, in good faith, believe that we are required to do so by law, regulation or the order of court or other legitimate state body or arbitration panel.

In some instances, your personal data may be transferred outside the European Economic Area (EEA). However, any potential transfer of personal data outside the EEA will be done strictly in accordance with GDPR, Chapter V (e. g. imposing model contract clauses). We endeavor to take all reasonable steps to protect your personal data. However, we cannot guarantee absolute security of personal data. Using our Service and visiting our Website, you accept the inherent security risks of engaging in online transactions and you agree that you will not hold us responsible for any breach of security unless we have been grossly negligent or misconducted willfully.

 

  11. Data Retention

We will retain most of your personal information for the lifetime of your use of the Services (i.e. until account deletion in accordance with your request) except that Contact Information obtained from promotional activities will be retained during the lifetime of such activities. In the event that the processing and retention period have terminated, but personal information is required to be retained continuously for other reasons including for the purposes as prescribed under applicable laws, the relevant personal information will be stored and maintained separately from other types of personal information. If you require us to destroy your personal information before the end of its life cycle, we will destroy your personal information in accordance with the law.

 

  12. Your Rights

You are entitled to:

  • demand printout or access to data so that you become informed of your personal data that we process,

  • demand correction of your data, if you believe that your personal data that we process is incorrect;

  • demand deletion or restriction of personal data processing, if you want us to cease or restrict the processing of all or part of your their personal data;

  • object to the processing of personal data based on a legitimate interest or processing of personal data for
    the purpose of direct marketing;

  • exercise right to transfer of personal data, which you submitted to us.

 

Users can exercise the rights by way of sending us a written request by e-mail to info@unitedhearts.eu or by regular mail to United Hearts, Bleiweisova cesta 30, Ljubljana, Slovenia. If you believe that we violated your rights while processing your personal data, you can lodge a written complaint to United Hearts by way of sending it by e-mail to info@unitedhearts.eu or by regular mail to United Hearts, Bleiweisova cesta 30, Ljubljana, Slovenia. You can also lodge a complaint with the supervisory authority for personal data protection. The supervisory authority for data protection in the Republic of Slovenia is the Information Commissioner.

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  13. Changes to Privacy Policy

Any changes we may make to our Privacy Policy in the future will be posted on this webpage and, where appropriate, we will notify our users about the amendments by e-mail.

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  14. Our Contact Details

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United Hearts, druge športne dejavnosti d.o.o.

Bleiweisova cesta 30, 1000 Ljubljana, Slovenia

info@unitedhearts.eu

 

Ljubljana, 24.11.2022

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United Hearts

A sign of Republika Sloveniija, ministrstvo za gospodarski razvoj in tehnologijo.
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