Terms

The Project MVP website, related mobile/web applications and services (collectively, the “Services”) are made available to you by Project MVP Ltd. with its address at 4th floor, 45 Silverstream house, London, UK, subject to these Terms of Service (the “Terms”) and in accordance with the Project MVP Privacy Policy (the “Privacy Policy”). More information about the Services may be found at https://mvpanalytics.co. You agree to comply with these Terms and any supplemental terms which Project MVP makes available to you on the Services which shall form part of the Terms. BY ACCESSING, USING OR UPLOADING OR DOWNLOADING ANY INFORMATION OR MATERIALS TO OR FROM THE SERVICES, OR BY INDICATING YOUR ASSENT TO THESE TERMS BY CREATING AN ACCOUNT, CLICKING “SIGN UP” OR ANY SIMILAR MECHANISM, YOU ARE AGREEING TO THE THESE TERMS. IF YOU DO NOT AGREE TO THE THESE TERMS, DO NOT ACCESS OR USE THE SERVICES. This agreement was written in English. To the extent a translated version of the Terms conflict with the English version, the English version controls.

If you access or use the Services on behalf of a company or other entity, you represent that you have authority to bind such entity and its affiliates to these Terms and that it is fully binding on them. In such case, the term “you” will refer to such entity and its affiliates. If you do not have authority, you may not access or use the Services. These Terms contain disclaimers of warranties and limitations on liability that may be applicable to you.

Registration and Accounts

The Services are intended solely for persons who are 13 years old or such higher age required in your country to use the Services. If you are under the legal age to form a binding contract in your jurisdiction, you represent that your parent or legal guardian has reviewed and agreed to these Terms on your behalf.

To use the Services, you must register. You agree to: (a) provide true, accurate, current and complete information about yourself (“Data”) and (b) maintain and promptly update the Data. You agree that Project MVP may use your Data to provide Services that you access or use and as otherwise set forth in these Terms. If you provide any Data that is inaccurate or not current, or Project MVP has reasonable grounds to suspect that such Data is inaccurate or not current, Project MVP has the right to suspend or terminate your account and refuse current or future use of the Services. In consideration of your use of the Services, you represent that you are not a person barred from receiving services under the laws of any applicable jurisdiction.

You are solely responsible for maintaining the confidentiality of the password associated with your account and for restricting access to your password, your computer and mobile device while logged into the Services. You accept responsibility for all activities that occur under your account or from your computer and mobile devices. We endeavour to use reasonable security measures to protect against unauthorized access to your account. We cannot, however, guarantee absolute security of your account, your Content (as defined below) or the personal information you provide, and we cannot promise that our security measures will prevent third-party “hackers” from illegally accessing the Services or its contents. You agree to immediately notify Project MVP of any unauthorised use of your account or password, or any other breach of security, and confirm that you understand all risks of unauthorized access to Data and any other information or content you provide to Project MVP.

You may register for or log-in to your account via a third-party network, such as Facebook or Google. If you do so, you hereby authorise Project MVP to pre-populate the registration and other relevant information fields of your account and/or to use such third-party credentials to log you into your account. If you connect your account to a third-party network, you agree to comply with the terms and conditions and policies applicable to such third party.

Free Trial

You may not access the Services, request a free trial or request a system demonstration if you are a direct or indirect competitor, except with our prior written consent. IF YOU REGISTER FOR A FREE TRIAL FOR OUR SERVICES, THIS AGREEMENT WILL ALSO GOVERN THAT FREE TRIAL. If you do not agree with these Terms in their entirety, you may not use the Services. In these Terms, our Administrators and the persons to whom they give “staff” or “advisor” access to their Project MVP Ltd account are called “Customers”, and the athletes who use the Services (for example, to view or enter recovery and training feedback) are called “Athletes”. In these Terms users of the Services, whether they are Customers, Administrators or casual browsers of the Site, are called “Users”. Project MVP Ltd reserves the right to change or modify any of the terms and conditions contained in these Terms, or any policy or guideline applicable to the Services, at any time and in its sole discretion.

Disclaimer

WE WILL USE REASONABLE SKILL AND CARE IN PROVIDING OUR SERVICES TO YOU AND IN KEEPING IT A SAFE, SECURE, AND ERROR-FREE ENVIRONMENT, BUT WE DO NOT GUARANTEE THAT MVP ANALYTICS WILL ALWAYS FUNCTION WITHOUT DISRUPTIONS, DELAYS, OR IMPERFECTIONS. YOU USE OUR SERVICES AT YOUR OWN RISK AND SUBJECT TO THE FOLLOWING DISCLAIMERS. WE ARE PROVIDING OUR SERVICES ON AN "AS IS" BASIS WITHOUT ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND FREEDOM FROM COMPUTER VIRUS OR OTHER HARMFUL CODE. WE DO NOT WARRANT THAT ANY INFORMATION PROVIDED BY US IS ACCURATE, COMPLETE, OR USEFUL, THAT OUR SERVICES WILL BE OPERATIONAL, ERROR FREE, SECURE, OR SAFE, OR THAT OUR SERVICES WILL FUNCTION WITHOUT DISRUPTIONS, DELAYS, OR IMPERFECTIONS. WE DO NOT CONTROL AND ARE NOT RESPONSIBLE FOR, CONTROLLING HOW OR WHEN OUR USERS USE OUR SERVICES OR THE FEATURES, SERVICES, AND INTERFACES OUR SERVICES PROVIDE. WE ARE NOT RESPONSIBLE FOR AND ARE NOT OBLIGATED TO CONTROL THE ACTIONS OR INFORMATION (INCLUDING CONTENT) OF OUR USERS OR OTHER THIRD PARTIES. YOU RELEASE US, OUR SUBSIDIARIES, AFFILIATES, AND OUR AND THEIR DIRECTORS, OFFICERS, EMPLOYEES, PARTNERS, AND AGENTS (TOGETHER, THE "MVP ANALYTICS PARTIES") FROM ANY CLAIM, COMPLAINT, CAUSE OF ACTION, OR CONTROVERSY (TOGETHER, "CLAIM") AND DAMAGES, KNOWN AND UNKNOWN, RELATING TO, ARISING OUT OF, OR IN ANY WAY CONNECTED WITH ANY SUCH CLAIM YOU HAVE AGAINST ANY THIRD PARTIES. YOUR RIGHTS WITH RESPECT TO MVP ANALYTICS ARE NOT MODIFIED BY THE FOREGOING DISCLAIMER IF THE LAWS OF YOUR COUNTRY OF RESIDENCE, APPLICABLE AS A RESULT OF YOUR USE OF OUR SERVICES, DO NOT PERMIT IT. IF YOU ARE A UNITED STATES RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE §1542, WHICH SAYS: A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.

1. Privacy Policy

Please refer to Project MVP Ltd.’s Data Protection and Privacy policy (available below) for information on how Project MVP Ltd collects, uses and discloses personally identifiable information from its users. By using the Services you agree to our use, collection and disclosure of personally identifiable information in accordance with the Data Protection and Privacy policy.

2. Free Trial

Your subscription may start with a free trial. The free trial period for any subscription will last for the period of time specified when you signed up. Free trials may not be combined with certain other offers, as specified. If you begin your subscription with a free trial, we will require a Payment Method to be entered after the free trial to begin subscription fee payments. Until the payment details have been entered and accepted your account will be restricted.

3. Fees; Charges; Taxes; Refunds

In order to access certain functionality of the Services, you will be required to pay subscription fees. Subscription fees, along with any required taxes, may be paid on a monthly basis. All subscription fees are payable in advance. You agree to pay the subscription fees, and other charges you incur in connection with your MVP Analytics account. Project MVP reserves the right to increase subscription fees, any associated taxes, or to institute new fees at any time upon reasonable advance notice.

4. Your Limited License of Your User Content to Project MVP Ltd - Customers

We do not claim any ownership interest in your User Content, but we do need the right to use your User Content to the extent necessary to operate the Site and provide the Services, now and in the future. Therefore, by posting or distributing User Content to or through the Services, you (a) grant Project MVP Ltd and its affiliates and subsidiaries a non-exclusive, royalty-free, transferable right to use, display, perform, reproduce, distribute, publish, modify, adapt, translate, and create derivative works from such User Content, in the manner in and for the purposes for which the Services from time to time use such User Content; (b) represent and warrant that (i) you own and control all of the rights to the User Content that you post or otherwise distribute, or you otherwise have the lawful right to post and distribute that User Content, to or through the Services; and (ii) the use and posting or other transmission of such User Content does not violate these Terms and will not violate any rights of or cause injury to any person or entity. If your User Content is intended for the use of other Users (for example, if you send a training program to Athletes), you also grant us and our affiliates and subsidiaries a non-exclusive, royalty-free, transferable right to sublicense such User Content to such Users for their use in connection with their use of the Services, as described in Section 5 of these Terms. These licenses from you are non-exclusive because you have the right to use your User Content elsewhere. They are royalty-free because we are not required to pay you for the use of your User Content on the Services. And they are transferable because we need the right to transfer these licenses to any successor operator of the Services. Our rights to “modify, adapt, translate, and create derivative works from” are necessary because the normal operation of the Services does this to your User Content when it processes it for use in the Services.

5. No Responsibility for Third-Party Services, Sites or Content

As a service to our users, the Site may contain links to third-party Web sites (“Third-Party Sites”) or third-party content (“Third-Party Content”) and may provide third-party services (“Third-Party Services”), including Add-ons, payment processors and other payment intermediaries that you may use in connection with your use of the Services. Project MVP Ltd accepts no responsibility for reviewing changes or updates to, or the quality, content, policies, nature or reliability of Third-Party Materials, or Web sites linking to the Services and when you use Third-Party Services their terms and policies apply. In particular, Project MVP Ltd uses Stripe, Inc. (“Stripe”) for payment processing. Stripe’s terms of service (the “Stripe Terms”) explain that process, and are available here: https://stripe.com/terms. By accepting these Terms, you agree that you have reviewed the Stripe Terms and agree to them. Please note that Project MVP Ltd is not party to the Stripe Terms and that we have no obligations or liability to you under the Stripe Terms or for any services that Stripe provides to you. If you have questions regarding Stripe or the Stripe Terms, please contact Stripe at https://www.stripe.com.

6. Limitation of Liability; Indemnity

Content found on Project MVP Ltd or through the Project MVP Ltd Services is for informational purposes only. We are not a licensed medical care provider and have no expertise in diagnosing, examining, or treating medical conditions of any kind, or in determining the effect of any specific exercise on a medical condition. You should consult with your physician before following any training instructions you receive through the Project MVP Ltd Services or participating in any event announced on or through the Project MVP Ltd Services. UNDER NO CIRCUMSTANCES WILL MVP ANALYTICS BE RESPONSIBLE FOR ANY LOSS OR DAMAGE RESULTING FROM YOUR RELIANCE ON TRAINING, HEALTH, RECOVERY AND NUTRITIONAL INFORMATION PROVIDED by Project MVP Ltd.

7. Communications

Notices that we give you (other than notice of amendment of these Terms, which is discussed in the introduction of these Terms) may be provided in any number of ways, depending on the circumstances. For example, we may email you or telephone you at the contact information you provide in your Registration Data. Or we may post a notice to Subscribers and Athletes in the dashboard area of your account on the Site, or post the notice elsewhere on the Site. When we post notices on the Site, we post them in the area of the Site suitable to the notice. It is your responsibility to periodically review the Site for notices.

8. Termination/Modification of License and Site Offerings

Notwithstanding any provision of these Terms, Project MVP Ltd reserves the right, without notice and in its sole discretion, without any notice or liability to you, to (a) terminate your license to use the Services, or any portion thereof (including any use of any Add-on) and the rights of any third party to which you have granted access to your User Content; (b) block or prevent your future access to and use of all or any portion of the Services or Content (including any use of any Add-on) and the rights of any third party to which you have granted access to your User Content; (c) change, suspend or discontinue any aspect of the Services or Content; and (d) impose limits on the Services or Content.

9. Questions and Comments

If you have any questions regarding these Terms or your use or the Services, please contact us here: Project MVP Ltd, help[at]projectmvp.co.uk 4th Floor, Silverstream House, 45 Fitzroy Street, Fitzrovia, London, London W1T 6EB, United Kingdom

PRIVACY

Our Data Protection and Privacy Policy

We take the protection of the data that we hold about you very seriously and we will do everything possible to ensure that data is collected, stored, processed, maintained, cleansed and retained in accordance with the highest data protection and privacy standards, including the General Data Protection Regulation (“GDPR”) on and from May 25, 2018 (“Data Protection Legislation”).

Please read this privacy policy carefully to see how PROJECT MVP LTD will treat the personal information that you provide to us either when using these websites (mvpanalytics.co and variations of this url as introduced from time to time per country), corresponding mobile Apps, portal (the “Project MVP Ltd” portal) or in other circumstances when we collect data from you (including via email). We will take reasonable care to keep your information secure and to prevent any unauthorized access.

By accepting this Data Protection and Privacy Policy, registering for the service, or by visiting and using the Site and related Apps, you expressly consent to our collection, use and disclosure of your personal information in accordance with this Data Protection and Privacy Policy.

What type of information we collect?

When you open an Project MVP Ltd account as an athlete, coach, administrator or health practitioner, we will collect certain information about you which may include your name, date of birth, gender, email address, telephone number, and names of the affiliated clubs/schools/universities and governing/sporting body that you are a member of (“User Data”). If you are an athlete, we will also collect data provided by you and entered by your coaches, administrators and health professionals about daily wellness, training sessions, illnesses, injuries, etc. (“Performance Data”). You may also choose to provide us with other information on your online user profile.

Athletes

Athletes must be at least 13 years old to use our Services or such greater age required in your country to register for or use our Services. In addition to being of the minimum required age to use our Services under applicable law, if you are not old enough to have authority to agree to our Terms in your country, your parent or guardian must agree to our Terms on your behalf.

You own the information, data, text, software, sound, photographs, graphics, video, messages, posts, tags, or other materials you make available in connection with the Services (“Content”), whether publicly posted, privately transmitted, or submitted through a third party API (e.g. a photograph submitted via Instagram). You grant us a non-exclusive, transferable, sub-licensable, royalty-free, worldwide license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, publicly perform and display any Content and any name, username or likeness that you post on or in connection with the Services in all media formats and channels now known or later developed without compensation to you. This license ends when you delete your Content or your account.

You understand that you, and not Project MVP, are entirely responsible for all Content that you upload, post, email, transmit or otherwise make available via the Services. Project MVP does not routinely screen or monitor the Content posted to the Services by others and, as such, does not guarantee the accuracy, integrity or quality of such Content. Project MVP may, in its sole discretion, screen, monitor, hide, refuse or remove any Content, or remove any Content that violates the Terms or is otherwise objectionable. You understand that by using the Services, you may be exposed to Content that is offensive, indecent or objectionable. Under no circumstances will Project MVP be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of the use of any Content made available on the Services. You agree to bear all risks associated with the use of any Content available in connection with the Services, including any reliance on the accuracy, completeness, or usefulness of such Content.

You agree that Project MVP is not responsible for, and does not endorse, Content posted on the Services. If your Content violates these Terms, you may bear legal responsibility for that Content. As between you and Project MVP, any Content will be non-confidential and non-proprietary and we will not be liable for any use or disclosure of Content. You acknowledge and agree that your relationship with Project MVP is not a confidential, fiduciary, or other type of special relationship, and that your decision to submit any Content does not place Project MVP in a position that is any different from the position held by members of the general public, including with regard to your Content. Your Content will not be subject to any obligation of confidence on the part of Project MVP other than as set forth in our Privacy Policy and your privacy controls, and Project MVP will not be liable for any use or disclosure of any Content you provide.

The Services may provide you with the ability to mark certain Content that you submit to the Services as private, public, or available only to select users of the Services. Project MVP will maintain the privacy of such Content in accordance with your elections. However, if you do not elect to mark your Content as private or available for a limited group of athletes, or later change such designation to allow such Content to be made available to anyone, you are responsible for the public nature of the content. Please review our Privacy Policy for more information on how to manage your privacy controls.

You give us permission to use your profile name, profile photo, and information about your activities and actions you have taken, including your use of third party products, services, or devices, in ads, offers and other commercial contexts on the Project MVP service without compensation to you.

Interactions with Athletes

The Services function as a venue to connect athletes in a virtual information place. As a neutral facilitator, Project MVP is not directly involved in the actual interactions between athletes using the Services or athletes communicating with subscribers or customers. As a result, Project MVP has no control over the truth, accuracy, quality, legality, or safety of postings made by athletes using the Services. Project MVP shall have no responsibility to confirm the identity of athletes. Project MVP shall also have no responsibility to confirm or verify the qualifications, background, or abilities of athletes using the Services. You shall at all time exercise common sense and good judgment when dealing with any athlete using the Services.

If you elect to use our features to inform your contacts about the Services or share your information with others, Project MVP may require you to provide contact information. Project MVP may contact that friend via a one-time email or text message. You represent that you are authorized to provide any third party contact information that you provide to Project MVP, that you are authorized to use such information to contact (including for Project MVP to contact on your behalf) the third party and that Project MVP may process it pursuant to the Privacy Policy.

Professional and Verified Athletes

If you are a professional athlete, Project MVP may choose to verify your profile and place a badge on your profile indicating your professional status. We expect all athletes to honour the Project MVP Community Standards and code of conduct as listed in these Terms of Service. We reserve the right to remove your verified status and badge, as well as cease your profile, at any time.

Clubs/schools/teams/universities

Project MVP creates and administers certain organisations as well as a verification program. Project MVP may choose to verify certain organisations and place a badge on their profile page. We reserve the right to revoke or transfer ownership of the organisation, remove content, remove a organisations verified status and badge, and remove an organisation at any time. If you request a transfer of ownership of a organisation, Project MVP may require you to provide certain documentation.

If you, as a user, create an organisation on Project MVP, you are responsible for ensuring that your organisation: (a) abides by these Terms of Service and our Community Standards; (b) does not claim or suggest an affiliation with Project MVP whether by using Project MVP’s intellectual property or otherwise; (c) has the right to use or post all organisations content, third party or otherwise, including rights to use name(s), logo(s), images, trademarks, trade dress, service marks, copyrights, or other intellectual property; and (d) does not use the organisation to advertise or promote any contests, sweepstakes, or other promotions. Organisation administrators hereby agree to indemnify and hold Project MVP harmless from any and all claims arising out of your organisation, including but not limited to claims of intellectual property infringement.

Electronic Communications

The Services may provide you with the ability to send or post messages to forums or chat rooms, speak via internet voice connections or send similar messages and communications to third party service providers, advertisers, your personal contacts, other athletes and/or Project MVP. You agree to use communication methods available on the Services only to send communications and materials related to the subject matter for which Project MVP provided the communication method, and you further agree that all such communications by you shall be deemed your Content and shall be subject to and governed by the Terms and applicable law (including laws regulating direct marketing communications with which you will need to comply with, as applicable). By using communications methods available on the Services, you agree that (a) all communications methods constitute public, and not private, means of communication between you and the other party or parties, (b) communications sent to or received from third party service providers, advertisers or other third parties are not be endorsed, sponsored or approved by Project MVP (unless expressly stated otherwise by Project MVP) and (c) communications are not routinely pre-reviewed, post-reviewed, screened, archived or otherwise monitored by Project MVP in any manner, though Project MVP reserves the right to do so at any time at its sole discretion. You agree that all notices, disclosures and other communications that we provide to you electronically shall satisfy any legal requirement that such communications be in writing.

Subscribers

We only collect information that the athlete allows us to collect via a connection or “friend request acceptance” or that the athlete allows through your consent. Generally, this information about the athlete is related to sports performance, health data, wellness data and sport related activity. The information is controlled and owned by the athlete and collected by the organisation through the use of our products, and is processed and used by us as described below. We use and process the information in this fashion as it is necessary in order to perform our end of the contracts we have with our customers. In addition, we will be obtaining your specific consent to use the information in this manner. By inviting athletes to connect with your organisation via email from Project MVP Ltd you consent that you have made the athlete fully aware of what the MVP Analytics services are and that correct GDPR protocols have been followed during the invitation process. We cannot take any responsibility for email addresses entered by you that are in violation of GDPR.

How we do collect the information?

We collect the information when you directly use our products or services. Either yourself or someone else acting on your behalf can enter information about you into the software.

Where possible we however always try to collect your personal information directly from you.

Regardless of how your personal information is collected – whether it is directly from you, from your interactions with us or from third parties – we will deal with your personal information in accordance with this policy.

Why do we collect the information?

We collect the information for three purposes:

Providing and Maintaining the Services That Relate to this Product (“Services”)

We use the information for fulfilling our contractual terms as product and service providers to your club or team and for product development and enhancement. For example, by allowing coaches, administrators and health professionals to administer performance programs, provide quality coaching, manage testing data and manage sports medicine services.

Improving and Developing the Services

We also use the information we collect to improve the Services and to develop new ones. For example, we use the information to troubleshoot and protect against errors; perform data analysis and testing; conduct research and surveys; and develop new features and Services.

Communicating with You

We use your information when needed to send you notifications and respond to you when you contact us. We also use your information to promote new features that we think you would be interested in. You can control marketing communications and most Service notifications by using your notification preferences in account settings or via the “Unsubscribe” link in an email. We use your information to provide customer service or assistance to you or to our customers about their instances of our products and Services.

Our Disclosure of Your Information

We will disclose your personal information with third parties only in the ways that are described in this privacy policy. The following describes some of the ways that your information may be disclosed in the normal scope of business to provide our services.

If you are an athlete, the information you decide to share will be viewable by the connections with organisations and individuals you accept, as well as all coaches, administrators and health professionals linked to your account. Athlete users can only access their own data and can sever connections with individuals and organisations at any time in their account.

If you are a system administrator, health professional, or account owner user, the information you decide to share will be viewable by the account owner and system administrators only.

If you are a coach or a manager user, the information you decide to share will be viewable will be viewable by the account owner, system administrators and other coaches linked to the same teams as you.

Technologies such as: cookies, beacons, tags and scripts are used by Project MVP Ltd and our partners (e.g., advertising, marketing and analytics), affiliates, or other service providers. These technologies are used in analysing trends, administering the site, tracking users’ movements around the site and to gather demographic information about our user base as a whole. We may receive reports based on the use of these technologies by these companies on an individual as well as aggregated basis. We use cookies to remember users’ settings, store login addresses, authenticate users, run website experiments, and store analytics data. Users can control the use of cookies at the individual browser level. If you reject cookies, you may still use our site, but your ability to use some features or areas of our site may be limited.

Payment Information

We do not store credit card or other payment method information on the site. We use a third-party provider (“Stripe”) to process credit card payments. Please consult the Data Protection Policy of each provider for more details about their data protection measures.

Our payment processors have the sole and complete responsibility for the storage of credit card and payment information.

Legal Requests and Business Transitions; Emergencies.

We may disclose your personal information (a) to any governmental authority as part of an investigation to determine our compliance with any applicable law, rule, or regulation (including privacy laws, rules, and regulations), (b) in response to a court order, subpoena, discovery request, or other lawful judicial or administrative proceeding, (c) as otherwise required under any applicable law, rule, or regulation, and (d) in good faith, to protect or defend the rights or property of Project MVP Ltd and other users and (e) if Project MVP Ltd is involved in a merger, acquisition, or sale of all or a portion of its assets, you will be notified via email and/or a prominent notice on our Web site of any change in ownership or uses of your personal information, as well as any choices you may have regarding your personal information.

Your Use of Other Persons’ Information

In order to facilitate the services provided by the Site, the Site allows you in certain circumstances to give other Users limited access to the personal information of other persons. For example, if you are an Account Owner, an Administrator, a Team Manager, you may use the Site to give access to a staff member to the personal information of your Athletes.

By accepting our Terms of Use, you agree that, with respect to the personal information of other persons that you collect, use and disclose on the Site, you have all necessary consents and rights to collect, use and disclose that information as described in this Privacy Policy from time to time, and you agree that the indemnity you give to us in the Terms of Use applies to any non-compliance by you with the foregoing.

Protecting your information

Encryption

To ensure a maximal security of data traveling from you to our server and from the server to you, we use the latest Transport layer security (TLS) protocol, which provides bidirectional encrypted communication security between client/server. The encryption process protects your information, by scrambling it before it is sent to us from your device or computer. Once Project MVP Ltd receives your transmission, we make commercially reasonable efforts to ensure its security on our system.

All information uploaded by Project MVP Ltd users (files, pictures, etc.) on our server is encrypted at rest.

Data Storage Location

If you access the service from mvpanalytics.co domain and related apps, all the information collected will be transmitted to and stored on servers located in the UK. If you access the service from other domains and related mobile apps, all the information collected will be transmitted to and stored on servers located in the country that you are accessing the servers from.

Two-Factor Authentication

Two-factor authentication is a mechanism that requires users to provide two different means of identification when logging in. All non-athlete users (coaches, managers, medical and administrators users) can add this additional layer of security to their account by enabling Two-factor authentication in their profile. When two-factor authentication is enabled, users will be required to log in with their password and a random numeric code generated by the Google Authenticator application which is available for iPhone, Android, and BlackBerry or via SMS verification. Two-factor authentication is set up on a per-user basis.

Data portability

You can export a copy of your personal data for you to reuse for your own purposes across different services by using the Application various export and Log & stats options. You may also exercise this right at any time by contacting us at help(at)projectmvp.co.uk.

Data Retention

We will retain your information for as long as your account is active or as needed to provide you services. We will retain and use your information as necessary to comply with our legal obligations, resolve disputes, and enforce our agreements.

Once you deactivate your account, any data that we collect from you will be deleted in accordance with timescales set out below:

User Data : This information is deleted three years after account deactivation by a user or following a 365 days period of inactivity.

Performance Data: This information is anonymized after the 365 period referred to above.

We may retain anonymized data for research and product and service development purposes.

Right to be forgotten

In certain circumstances you can request us to delete all information we hold which identifies you. You can make this request at any time by emailing help(at)projectmvp.co.uk but please note we may be compelled to maintain your information due to specific legislative or regulatory requirements.

Additional Policy Information

Unless a mutually executed agreement between you and us states otherwise, our Terms make up the entire agreement between you and us regarding MVP Analytics and our Services, and supersede any prior agreements.

We reserve the right to designate in the future that certain of our Services are governed by separate terms (where, as applicable, you may separately consent).

Our Services are not intended for distribution to or use in any country where such distribution or use would violate local law or would subject us to any regulations in another country. We reserve the right to limit our Services in any country.

Any amendment to or waiver of our Terms requires our express consent. You have the right to terminate your relationship with MVP Analytics at any time by deleting your account.

We may amend or update these Terms. Unless otherwise required by law, we will provide you at least 30 days' notice of amendments to our Terms, which will give you the opportunity to review the revised Terms before continuing to use our Services. We will also update the "Last Modified" date at the top of our Terms. Changes to these Terms shall become effective no sooner than 30 days after we provide notice of planned changes. Please note that we may not be able to provide such notice for changes to these Terms that are required to address technical evolutions of our Services or for changes made for legal reasons, both of which will become effective immediately. Your continued use of our Services following the notice period of planned changes confirms your acceptance of our Terms, as amended. We hope you will continue using MVP Analytics, but if you do not agree to our Terms, as amended, you must stop using our Services by deleting your account.

All of our rights and obligations under our Terms are freely assignable by us to any of our affiliates or in connection with a merger, acquisition, restructuring, or sale of assets, or by operation of law or otherwise, and we may transfer your information to any of our affiliates, successor entities, or new owner. In the event of such an assignment, these Terms will continue to govern your relationship with such third party. We hope you will continue using MVP Analytics, but if you do not agree to such an assignment, you must stop using our Services by deleting your account.

You will not transfer any of your rights or obligations under our Terms to anyone else without our prior written consent.

Nothing in our Terms will prevent us from complying with the law.

Except as contemplated herein, our Terms do not give any third-party beneficiary rights.

If we fail to enforce any of our Terms, it will not be considered a waiver.

If any provision of these Terms is found to be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from our Terms and shall not affect the validity and enforceability of the remaining provisions of our Terms, and the remaining portion of our Terms will remain in full force and effect.

We reserve all rights not expressly granted by us to you. In certain jurisdictions, you may have legal rights as a consumer, and our Terms are not intended to limit such consumer legal rights that may not be waived by contract. Also, in certain jurisdictions, you may have legal rights as a data subject, and our Terms are not intended to limit such rights that may not be waived by contract.

We always appreciate your feedback or other suggestions about MVP Analytics and our Services, but you understand that you have no obligation to provide feedback or suggestions and that we may use your feedback or suggestions without any obligation to compensate you for them.

Service and marketing messages

If you are currently receiving service messages or marketing communications from PROJECT MVP LTD and no longer wish to do so, you may revoke your consent to receiving such emails by clicking the Unsubscribe link, found at the bottom of every email.

Changes to our Data Protection and Privacy Policy

We may update this privacy statement to reflect changes to our information practices we will notify you by means of a notice on this Site prior to the change becoming effective. We encourage you to periodically review this page for the latest information on our privacy practices.

This Privacy Policy was last updated on 27/02/2021

Complaints and contacts

It is our goal to make our privacy practices easy to understand. If you have any concerns or complaints in relation to how PROJECT MVP LTD collects and/or processes your personal data, you should contact the PROJECT MVP LTD data protection officer at the address below: help(at)projectmvp.co.uk

Project MVP Ltd, 4th Floor, Silverstream House, 45 Fitzroy Street, Fitzrovia, London, London W1T 6EB, United Kingdom

APPLIES TO USERS OF PROJECT MVP LTD IN THE UNITED STATES OF AMERICA

In the course of performing our contractual obligations and our various corporate functions and activities, Project MVP Ltd collects some health information from athletes via the AMS. The US legislation, Health Insurance Portability and Accountability Act (1996) (“HIPPA”) introduces a number of rules that businesses must comply with in relation to the collection of protected health information. To the extent that Project MVP Ltd collects public health information (“PHI”) of athletes in the USA, it will be mindful of the following requirements of HIPPA (“US Activities”).

In relation to the collection of PHI through our US Activities we will be mindful of the principles articulated in the body of this document. We have processes in place to ensure HIPPA compliance including:

We have safeguards to protect the privacy of health information and set limits on the use and disclosure of this information.

We provide individuals with the ability to access information about their health and request corrections where appropriate.

We ensure that appropriate administrative, physical and technical safeguards to ensure the confidentiality, integrity, and security of electronic protected health information.

We have appropriate technical and non-technical safeguards to secure electronic PHI.

In the event of a breach of PHI, unless a risk assessment demonstrates that the there is a low probability that the health information has been compromised, we will notify the individual whose information is involved (as soon as possible and within 72 hours).

We have appointed a privacy officer and an incident response team.

Our employees are adequately trained about the use and disclosure of PHI and how to safeguard it appropriately.

List of cookies we collect

The table below lists the cookies we collect and what information they store.

Cookie Name Cookie Description

FORM_KEY Stores randomly generated key used to prevent forged requests.

PHPSESSID Your session ID on the server.

GUEST-VIEW Allows guests to view and edit their orders.

PERSISTENT_SHOPPING_CART A link to information about your cart and viewing history, if you have asked for this.

STF Information on products you have emailed to friends.

STORE The store view or language you have selected.

USER_ALLOWED_SAVE_COOKIE Indicates whether a customer allowed to use cookies.