LEGAL INFORMATION (effective 28 June 2021)
ISL WEBSITE TERMS AND CONDITIONS OF USE
PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY. BY ACCESSING OR USING THIS WEBSITE, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS DESCRIBED HEREIN AND BY ALL TERMS, POLICIES AND GUIDELINES INCORPORATED BY REFERENCE. IF YOU DO NOT AGREE TO ALL OF THESE TERMS, DO NOT USE THIS WEBSITE.
These terms and conditions of use (“Site Terms”) apply to your use of this ISL.Global ISL website (the “Site”), and do not alter in any way the terms or conditions of any other agreement you may have with ISL, its subsidiaries or affiliates.
Ownership of the Site and its Contents
This Site is owned by International Swimming League Ltd. (“ISL”), a company organized and existing under the laws of Switzerland, having its registered address at: Ruessenstrasse 6, 6340 Baar, Switzerland, company number CHE-245.260.478.
The terms “we”, “us”, “our” used hereunder mean ISL and its affiliates. Unless otherwise indicated, all of the content featured or displayed on this Site, including, but not limited to, text, graphics, data, photographic images, moving images, sound, illustrations, software, and the selection and arrangement thereof (“ISL Content”), is owned by ISL, its licensors, or its third-party image partners and all rights are reserved. All elements of the Site, including ISL Content, are protected by copyright, trade dress, moral rights, trademark and other laws relating to the protection of intellectual property.
Use of the Site
You are specifically prohibited from: (a) downloading, copying, or re-transmitting any or all of the Site or ISL Content without, or in violation of, a written license or agreement with ISL; (b) using any data mining, robots or similar data gathering or extraction methods; (c) manipulating or otherwise displaying the Site or ISL Content by using framing or similar navigational technology; (d) registering, subscribing, unsubscribing, or attempting to register, subscribe, or unsubscribe any party for any ISL product or service if you are not expressly authorized by such party to do so; (e) the conduct that is unlawful, fraudulent, misleading, discriminatory or otherwise aimed to violate someone else’s rights and (f) using the Site or ISL Content other than for its intended purpose. Such unauthorized use may also violate applicable laws including without limitation copyright and trademark laws, the laws of privacy and publicity, and applicable communications regulations and statutes.
You represent and warrant that you will comply with all applicable laws and regulations, including, without limitation, those relating to the Internet, data, e-mail, privacy, and the transmission of technical data exported from Switzerland or the country in which you reside.
Registration is not open to users under the age of 13. By registering with ISL, you warrant that you are 13 years of age or older. If you are under 18, you must obtain the authorization of your parents or legal guardian before using the Site and registering with ISL.
If you are the parent or legal guardian of a minor under the age of 18, and that minor has somehow registered with ISL without your authorization, please contact ISL and we will provide you with full instructions on how to cancel your child’s registration.
ISL Trademarks, ISL logo, and any other product or service name or slogan contained in the Site are trademarks of ISL, and may not be copied, imitated or used, in whole or in part, without the prior written permission of ISL. You may not use metatags or any other “hidden text” utilizing “ISL” or any other name, trademark or product or service name of ISL without our prior written permission. In addition, the look and feel of the Site, including all page headers, custom graphics, button icons and scripts, is the service mark, trademark and/or trade dress of ISL and may not be copied, imitated or used, in whole or in part, without our prior written permission. All other trademarks, registered trademarks, product names and company names or logos mentioned in the Site are the property of their respective owners. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by us.
You may not use an ISL logo or other proprietary graphic of ISL to link to this Site without the express written permission of ISL. Furthermore, you may not frame any ISL trademark, logo or other proprietary information, including ISL Content, without ISL express written consent.
Detailed requests can be sent to [email protected]
ISL makes no claim or representation regarding, and accepts no responsibility for, directly or indirectly, the quality, content, nature or reliability of third-party websites accessible by hyperlink from the Site, or websites linking to the Site. Such sites are not under the control of ISL and ISL is not responsible for the contents of any linked site or any link contained in a linked site, or any review, changes or updates to such sites. ISL provides these links to you only as a convenience, and the inclusion of any link does not imply affiliation, endorsement or adoption by ISL of any site or any information contained therein. When you leave the Site, you should be aware that our terms and policies no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any site to which you navigate from the Site.
Your participation, correspondence or business dealings with any third party found on or through the Site, regarding the payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such third party. You agree that ISL shall not be responsible or liable for any loss, damage or other matters of any sort incurred as the result of any such dealings.
Registration Data and Account Security
In consideration of your use of the Site, you agree to: (a) provide accurate, current and complete information about you as may be prompted by any registration forms on the Site (“Registration Data”); (b) maintain and promptly update the Registration Data, and any other information you provide to ISL, to keep it accurate, current and complete; (c) maintain the security of your password and identification; (d) notify ISL immediately of any unauthorized use of your account or other breach of security; (e) accept all responsibility for any and all activities that occur under your account; and (f) accept all risks of unauthorized access to the Registration Data and any other information you provide to ISL.
Licence to use your content
Your content remains yours, which means that you retain any intellectual property rights that you have in your content. For example, you have intellectual property rights in the creative content that you make, such as reviews that you write, photos and videos you share or upload, etc.
We need your permission if your intellectual property rights restrict our use of your content. You provide ISL with that permission through the licence given below.
The licence is worldwide, non-exclusive and royalty-free
The licence allows ISL to:
- host, reproduce, distribute, communicate and use your content;
- publish, publicly perform or publicly display your content, if you have made it visible to others;
- modify and create derivative works based on your content, such as reformatting or translating it;
- sublicense these rights to other users to allow the services to work as designed and/or our contractors who have signed agreements with us that are consistent with these terms, only for the limited purposes described in the Purpose section below.
This licence is for the limited purpose of:
- operating and improving the Site’s services, which means allowing the services to work as designed and creating new features and functionalities. This includes using automated systems and algorithms to analyze your content: for spam, malware and illegal content, to recognize patterns in data, to customize our services for you, such as providing recommendations and personalized search results, content and ads (this analysis occurs as the content is sent, received and when it is stored);
- using content that you’ve shared publicly to promote the Site’s services (e.g. we might quote a review that you wrote);
- developing new technologies and services for ISL consistent with these terms.
This licence lasts for as long as your content is protected by intellectual property rights.
If you remove from our services any content that is covered by this licence, our systems will stop making that content publicly available in a reasonable amount of time with the following exceptions:
- If you already shared your content with others before removing it;
- If you make your content available through other companies’ services, it is possible that search engines, will continue to find and display your content as part of their search results.
You agree to defend, indemnify and hold harmless ISL, its subsidiaries, affiliates, licensors, employees, agents, third party information providers and independent contractors against any claims, damages, costs, liabilities and expenses (including, but not limited to, reasonable attorneys’ fees) arising out of or related to your conduct, your use or inability to use the Site, your breach or alleged breach of the Site Terms or of any representation or warranty contained herein, your unauthorized use of ISL Content, or your violation of any rights of another.
THIS SITE AND ISL CONTENT ARE PROVIDED “AS IS” AND ISL AND ITS DIRECTORS, EMPLOYEES, CONTENT PROVIDERS, AGENTS AND AFFILIATES EXCLUDE, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ANY WARRANTY, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NON-INFRINGEMENT. ISL WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE OR ISL CONTENT, OR THE UNAVAILABILITY OF THE SAME, INCLUDING, BUT NOT LIMITED TO LOST PROFITS, AND DIRECT, INDIRECT, INCIDENTAL, PUNITIVE AND CONSEQUENTIAL DAMAGES. THE FUNCTIONS EMBODIED ON OR IN THE MATERIALS OF THIS SITE ARE NOT WARRANTED TO BE UNINTERRUPTED OR WITHOUT ERROR. YOU, NOT ISL, ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION DUE TO YOUR USE OF THIS SITE OR ISL CONTENT. WE MAKE NO WARRANTY THAT THE SITE OR ISL CONTENT IS FREE FROM INFECTION BY VIRUSES OR ANYTHING ELSE THAT HAS CONTAMINATING OR DESTRUCTIVE PROPERTIES.
ISL uses reasonable efforts to ensure the accuracy, correctness and reliability of ISL Content, but we make no representations or warranties as to ISL Content’s accuracy, correctness or reliability.
ISL offers a search feature within the Site. ISL explicitly disclaims any responsibility for the content or availability of information contained in our search index or directory. ISL also disclaims any responsibility for the completeness or accuracy of any directory or search result.
We do not control or direct what others do or say, and we are not responsible for their actions or conduct (whether online or offline) or any content that they share (including offensive, inappropriate, obscene, unlawful and other objectionable content).
Limitation of Liability
IN NO EVENT SHALL ISL, ITS DIRECTORS, MEMBERS, EMPLOYEES, AFFILIATES, CONTENT PROVIDERS OR AGENTS BE LIABLE FOR ANY DIRECT, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO LOSS OF USE, LOSS OF PROFITS OR LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE) OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THE SITE, THE SERVICES, ISL CONTENT OR THE MATERIALS CONTAINED IN OR ACCESSED THROUGH THE SITE, INCLUDING WITHOUT LIMITATION ANY DAMAGES CAUSED BY OR RESULTING FROM RELIANCE BY USER ON ANY INFORMATION OBTAINED FROM ISL, OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR EMAIL, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO ISL’S RECORDS, PROGRAMS OR SERVICES. IN NO EVENT SHALL THE AGGREGATE LIABILITY OF ISL, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY, ARISING OUT OF OR RELATING TO THE USE OF THE SITE EXCEED ANY COMPENSATION YOU PAY, IF ANY, TO ISL FOR ACCESS TO OR USE OF THE SITE.
Applicable Law and Jurisdiction
This Agreement shall be governed by and interpreted in accordance with the laws of Switzerland.
Any dispute arising from or in connection with your use of the Site or ISL Content which cannot be settled amicably, shall be subject to exclusive jurisdiction of competent Swiss courts at the location of ISL, regardless of conflict of laws rules.
Notwithstanding any of these Site Terms, ISL reserves the right, without notice and in its sole discretion, to block your use of the Site.
Any waiver of any provision of the Site Terms will be effective only if in writing and signed by ISL. If any clause in these Site Terms is found to be unenforceable, wherever possible this will not affect any other clause and each will remain in full force and effect. Any rights not expressly granted herein are reserved.
Changes to Site Terms
ISL reserves the right to change any of the terms and conditions contained in the Site Terms or any policy or guideline of the Site, at any time and in its sole discretion. When we make changes, we will revise the “last updated” date at the top of the Site Terms. Any changes will be effective immediately upon posting on the Site. Your continued use of the Site following the posting of changes will constitute your acceptance of such changes. We encourage you to review the Site Terms whenever you visit one of our websites.
Your access and use of ISL.Global website (the “Site”) requires ISL to collect and process certain personal data (as defined in applicable data protection laws) of the users. The present terms define the conditions in which you authorize ISL to collect and process personal data.
Controller of the personal data collected and processed under the present terms is:
International Swimming League Ltd.
Ruessenstrasse 6, 6340 Baar, Switzerland
company number CHE-245.260.478.
Email: [email protected]
ISL determines the purposes and means of the processing of your personal data and is responsible for the processing and use of your personal data as described herein.
- Personal data
ISL collects and processes personal data if you access, register at and/or use the Site. Personal data may include your name, gender, age, citizenship, address and contact details, biography, photo and video images, and such other information, as requested in the sign-in form. For example, in order to register for participation in the ISL Events you may be also required to provide information about your professional record, your coach, membership in swimming clubs and training location, etc. In particular, in order to assess capability of athletes to compete at high level and compliance with anti-doping rules, including for security and other background checks, ISL may need to collect certain biometrical and health data including data about unspent criminal convictions.
You also agree that ISL may implement an automatic tracking process (cookie) gathering anonymous information, such as browser type, operating systems and the date and time of access when you use the Site to help improve the content of the Site, to customize the Site for our users and to learn more about them and how they use the Site. You may block cookies by changing your browser settings.
- Purposes of processing and recipients of personal data
ISL collects and processes your personal data for the following purposes:
(a) Participation in the challenges and competitions organized by ISL on the Site (including but not limited to ISL Draft);
(b) Registration for the use of the Site;
(c) Maintenance and development of the Site;
(d) Compilation of statistics in order to improve the quality of the services offered to users;
(e) Maintenance of ISL platforms and integrated services (e.g. ISL OTT platform);
(f) Customization of our services for you, such as providing recommendations and personalized search results, content and ads;
(g) In any other way to which the users provide their express consent to ISL.
- Legal basis for processing
The processing of your personal data for the purposes set forth above can be based on the following legal grounds:
- Your consent (e.g. if you register to use certain functions of the Site, apply to take part in the ISL Event, etc.);
- For the performance of a contract with you or for the intention to enter into a contract with you (e.g. to execute a contract with you for the participation in the ISL Event);
- to comply with a legal obligation (e.g. for purposes of legal investigations, proceedings or prosecution of breaches); or
- for the purposes of ISL’s legitimate interests (e.g. for maintaining and improving our internal business administration, organization, operations, risk management, protection of systems and premises, to comply with legal or other regulatory requirements and internal rules, and for establishing, exercise and/or defend actual or potential legal claims, investigations or similar proceedings).
Should the processing be based on your consent or our legitimate interests, you may withdraw your consent or object to that processing at any time by contacting us directly at [email protected]. Please note, however, that the withdrawal of your consent will not affect the lawfulness of processing based on your consent before the withdrawal.
ISL will take adequate technical and organizational measures to protect your personal data against the risks of damage, destruction, loss, alteration or unauthorized access. ISL will apply at least the same degree of care to protect your personal data as ISL applies to protect its own data.
We choose our partners and data processors carefully and only upon sufficient guarantees they have appropriate technical and organizational measures in place. Our data processors may only process personal data on documented instructions from us. They all are subject to confidentiality requirements and may use your personal data solely to the extent necessary to fulfill the purpose set forth above for which your personal data was collected, except as otherwise required by law.
- International data transfers
ISL’s activities are international in nature. You acknowledge and accept that ISL may transmit your personal data to its officers and employees, affiliates, the Event Organizing Committee, ISL member clubs or its subcontractors, including outside Switzerland or European Union, if ISL deems it necessary for the purposes of processing mentioned above.
ISL will ensure that the receiving entity has agreed to keep your data confidential and secure, outside of your country of residence. If personal data is disclosed to countries that do not guarantee an adequate level of protection, ISL will ensure adequate protection of data disclosed by putting appropriate safeguards in place, such as contractual guarantees (e.g., on the basis of EU standard clauses), binding corporate rules, or transferring data pursuant to your explicit consent, conclusion or performance of a contract, subject to a legal obligation or in connection with the determination, exercise or enforcement of legal claims. You may obtain more information about our appropriate safeguards by contacting us via email to [email protected].
- Data retention
ISL will retain your personal data only as long as necessary for the processing purposes set forth above. For this reason, we will delete or anonymize personal data (or equivalent) once they are no longer necessary to achieve the purposes, subject however (i) to any applicable legal or regulatory requirements to store personal data for a longer period (e.g. for tax or accounting reasons), or (ii) if we have an overriding interest (e.g. an interest for reasons of proof to establish, exercise and/or defend actual or potential legal claims, investigations or similar proceedings, including legal holds, which we may enforce to preserve relevant information, or if we have an interest in non-personalized analysis or for statistical purposes).
On that basis, we normally process personal data subject to the following rules and obligations:
- For contract related personal data (including business records and communication), we retain personal data as long as the contractual relation is ongoing and for ten years after the termination of the contractual relationship unless (i) a shorter or longer statutory storage obligation is applicable on a case-by-case basis, (ii) the retention is required for reasons of proof or another valid reason based on applicable law, or (iii) the deletion of the data is required earlier (because e.g. the data is no longer required or we are required to delete the respective data);
- For operational data containing data (e.g. protocols, logs), we retain personal data for a period of 3 – 12 months.
- For personal data provided based on consent, we retain personal data until consent is revoked.
- Your rights
ISL informs you of your rights:
- to request from ISL access to and rectification or erasure of personal data or restriction of processing concerning the data subject or to object to processing as well as the right to data portability;
- to withdraw consent to process personal data at any time, without affecting the lawfulness of processing based on consent before its withdrawal;
- to lodge a complaint with the competent supervisory authority.
Please note that it is your responsibility to verify and update your personal data and to inform ISL if your personal data is not accurate.
Requests in this respect shall be submitted to ISL via the following email address: [email protected].
ISL reserves the right to restrict the rights of the affected user in accordance with applicable law and e.g. not to disclose comprehensive information or not to delete data.
- Queries or complaints
If you have any queries, comments or complaints regarding these data protection provisions please contact ISL using the details given below:
International Swimming League Ltd.
Ruessenstrasse 6, 6340 Baar, Switzerland
company number CHE-245.260.478.
Email: [email protected]
BY PROVIDING ISL WITH YOUR PERSONAL DATA, YOU EXPRESSLY AUTHORIZE ISL TO COLLECT AND SUBSEQUENTLY PROCESS SUCH DATA ACCORDING TO THE TERMS HEREUNDER.