Please see below for T & Cs or click here for rules of app.
General Terms and Conditions of Use
2020 MANCHESTER MARATHON APPLICATION
Version updated on 14 January 2020
Human Race has developed the application called Manchester Marathon, available on the Apple Store and Play Store, and hereinafter referred to as the “Connected App”. The aim of the application is to collate training and personal data from participants in the Manchester Marathon (hereinafter the “Event”) through their connected Devices in order to take part in challenges and share, where necessary, their profile with other Users of the Connected App.
Event Participants already have an account on the online registration site currently referred to as “time to” and a race number, and may, as such, connect using their time to login and password if they want to participate in the training challenges organised by Human Race
The present Terms and Conditions of Use (TCU) aim to define the terms and conditions applicable when the Connected App is utilised by its users (hereinafter the “Users”).
By accessing, downloading, installing and/or using the Official Application, you acknowledge that you have read, understood and accepted these General Terms and Conditions (TCU).
Human Race may revise and update these TUC at any time; please check them regularly as use of the Connected App implies you have agreed to these changes. Any changes which we made apply immediately after notification, through any means including, but not limited to, publication of a revised version of these Terms and Conditions of Use on the Connected App. The date on which these Terms and Conditions of Use were revised can be found by checking the “Last update” at the top of these Terms and Conditions of Use.
- LEGAL INFORMATION
Human Race Ltd
Unit 6, Typhoon Business Centre
Oakcroft Road, Chessington, Surrey, KT9 1RH
Registered in England and Wales with the Company Number: 3891235
VAT Number: 927115042
Tel. no.: +44 (0) 20 8391 3913
Director of the publication: Nick Rusling
20 avenue Franklin Delano Roosevelt,
75008 Paris, France
French company registration number issued in Nanterre: 501 766 349
Capital: 184,575 euros
Tel. no.: + 33 (0) 1 44 83 06 67
The following terms are defined as follows:
Account: refers to the dedicated User area on the Connected App. Users can access it and view their personal data and settings. Users connect to their account with their time to login and password. Users can choose to configure their accounts so that they are public (visible to all Users) or private (only visible to Users who are “friends”).
Challenge: refers to the free operation proposed Human Race with, where relevant, one of the Event partners, which consists of proposing Event training challenges to Users, in line with the procedures defined in the Challenges Rules. Participants who succeed in the Challenge can win prizes in a prize draw.
Connected App: refers to the platform known as Manchester Marathon 2020 which is accessible on the Apple Store and Play Store.
Connected Devices: refers to connected applications and/or watches for monitoring activity, particularly for running.
Data: refers to any information relating to the User which is provided by the User through their time to account and/or directly on the Connected App and/or collected through the User’s Connected Device. This data may also include physical data relating to the User’s sporting activity (e.g. distance, speed, pace, elevation gains, time, etc.).
Event: refers to the 2020 edition of Manchester Marathon.
Participants: refers to any person registered for the Event.
Personal data: refers to any information enabling the User to be identified either directly or indirectly in the sense of the Data Protection Act 2018, as well as within the meaning of the EU Regulation 2016/679, The General Data Protection Regulation, (hereinafter “GDPR”).
User: refers to any natural person with an Account on the Connected App, who is a member of time to and who has a race number enabling them to take part in the Event.
Social network: an online service or site through which people create and maintain interpersonal relationships. In this case, the Social networks concerned are Facebook and Twitter.
Third countries: i.e. outside the European Economic Area and considered by the European Commission to have no level of adequate protection.
- PARTICIPATION IN AND COMPLETION OF THE CHALLENGES
Throughout the preparatory period for the Event, challenges which may be sponsored by Event partners, will be at the disposal of Users in the “Challenges” tab of the Connected App.
By clicking on the Challenge, the User can access details about:
- The training conditions to be met to complete the Challenge; and
- A description of the prize that can be won by completing the Challenge.
To register for the Challenge, Users should click on the “Take Part” button available on the Challenge.
Users are instructed within the Connected App on how to connect their Connected Device, with a view to measuring their activity as part of their participation in a Challenge. This connection will enable the User’s training Data to be synchronised with the Connected App.
In order to be taken into account in the Challenge, Users’ runs must be:
- at least a kilometre long, including for Challenges which can be repeated;
- measured using the Connected Device sensors (a run which is only reported by the User, but which is not measured by the Connected Device will not be considered).
Moreover, if the same run is recorded by several Connected Devices, only the longest (in terms of length of time) will be taken into account.
Users who have met the conditions for completing a Challenge are then entered into a random draw to win the relevant prize(s).
Registration for a Challenge is free and reserved to adult Participants.
By participating in a Challenge, Users agree that they have read the participation terms, the details of the Challenge and how to complete it.
Moreover, by registering for a Challenge, Users agree unreservedly to the Rules which are accessible below as well as on the Connected App.
As such, Users state that they are in the physical condition required to participate in the Challenge they have selected and take part under their own responsibility. The role of Human Race is confined to operating the Connected App, organising the Challenges, collecting and aggregating the Data required to take part in the Challenges, and enabling Data to be shared according to the sharing configuration defined by the User.
The role of Human Race is not, under any circumstances, that of a trainer with a view to the User taking part in the Event.
Apple is not a partner of the challenges proposed by the connected app.
The User will be able to share his information with Social networks. Human Race may not, under any circumstance or any form, be held responsible of the use Social networks do with User information. Human Race recommends to the User to read carefully the Terms and conditions of Use and the Privacy policies of the Social networks concerned, Facebook and Twitter.
- INTELLECTUAL PROPERTY
Human Race is the exclusive holder or beneficiary of all intellectual property rights relating to the Connected App, relating to all edited content (form and substance): logo, corporate identity and site plant, text, section headings, pages, scripts, icons, pictograms, photographs, videos, data, statistics and any other editorial content.
The User is prohibited from reproducing and/or using brands, logos or domain names appearing on the Connected App.
No element which is part of the Connected App (text, articles, photos, drawings, pictures, videos, data, statistics, etc.) may be copied, reproduced, modified, reissued, loaded, falsified, transmitted or distributed in any way whatsoever, in whatever form and by whatever medium, in part or in whole, without prior written consent from Human Race , with the strict exception of use by the press, and then only on the condition that intellectual property rights and all other property rights indicated are respected.
Any representation of the Connected App, in full or in part and by whatever process, without Human Race’s express authorisation is prohibited and would be construed as a forgery which may incur the civil and criminal liability of its creator.
Human Race reserves the right to prosecute all acts of forgery that infringe upon its intellectual property rights.
Copying is only permitted for personal, private and non-commercial use.
Any reproduction of content is therefore, as a matter of principle, strictly prohibited without the express consent of its creator.
However, partial reproductions (the right to quote) may be tolerated provided the following text is included, clearly and visibly, on each page containing reproduced content: “This content was first published in the article “[replace with the title and web address of the source of the reproduced content]” [name of the application], and may have been changed on (the [add the date])” using the accessibility of the Connected App.
Users can access the Connected App via the download platforms referred to as “Apple Store” and “Play Store” and can download it onto their mobile phones.
In order to ensure the smooth operation of the Connected App, Users must download a connected sports app and/or have a connected training watch for running which is compatible with the Connected App.
The list of connected objects compatible with the Connected App is as follows:
- PERSONAL DATA
Generally speaking, Data communicated by the Users through the Connected App is destined for approved staff of Human Race, which is the company responsible for processing this information. These Data may include Personal Data.
They may be communicated to service providers, suppliers and sub-contractors acting on behalf of Human Race (hereinafter Authorised Third Parties). The User accepts any communication by Human Race to Authorised Third Parties for the reasons set out below, as soon as they connect to their Connected App.
Human Race agrees to comply with the regulations in force regarding personal data protection.
Authorised Third Parties are contractually bound to comply with the regulations in force regarding personal data protection and must take all necessary security provisions to ensure the integrity and confidentiality of the Data.
International Data Transfer to Third countries: Data is likely to be transferred to Third countries when users log into their social network’s accounts (Facebook, Twitter or Instagram) and receive relevant information about the Manchester Marathon.
Human Race invites the User to carefully read Social networks ‘privacy policies in order to be aware about their Data processing means, purposes, retention periods and how to exercise User’s rights.
Aim of data processing: The Data will be used by Human Race and/or any Authorised Third Parties chosen by Human Race to the following ends:
- Managing User access to the App and interfacing with their “time to” account,
- Monitoring their participation in Challenges.
- Sending their prizes to them when necessary.
- Statistical analysis and behavioural studies based on anonymized data.
- Sales prospecting and sending Human Race special offers with the possibility of unsubscribing at any time in their “My Account” area,
- Sales prospecting and sending special offers from Challenge and Event partners for Users who have expressly given their permission to receive this type of offer from when registering for the Event.
- Informing Users about the Event when they connect to his/her Social network (Facebook, Twitter, Instagram) account.
All Users have the right to access, correct, remove, limit, portability and of opposition of the Data relating to them as well as to refuse sales prospection by Human Race and/or its commercial partners.
Users have also the right not to be subject to a decision based solely on automated processing of his data whenever this decision has legal effects or affects the Users or in a similar manner.
Each User can exercise all these rights by sending an email to email@example.com , or by post, accompanied by a copy of their signed identity document, addressed to:
Unit 6, Typhoon Business Centre
Oakcroft Road, Chessington, Surrey, KT9 1RH
Human Race will respond to any request concerning the exercise of rights within the legal period of one month provided that the initial request is complete and clear, in accordance with the provisions of Article 12 of GDPR. The legal period will be interrupted and extended until Human Race obtains all necessary documents and information.
Finally, the User has the right to lodge a complaint before the “Information Commissioner’s Office” (ICO) if He or She believes that We are not respecting His or Her rights.
Data retention period: Data collected through the Connected App is kept for three years from the end of the Event. At the end of this period, Human Race will definitively erase all Data remaining in its possession and will require subcontractors to do so.
In addition, Human Race may not be held responsible for any malfunction in the network or servers or any other event reasonably outside its control, which may prevent or reduce access to the Connected App.
Human Race reserves the right to interrupt, temporarily suspend or modify without prior warning access to all or part of the Connected App, in order to carry out maintenance or for any other reason.
Human Race therefore cannot be held responsible for any damages, whatever their nature, caused by the Connected App being unavailable.
Users agree that they have been informed and accept the fact that Human Race may not, under any circumstances or in any form, be held responsible for the creation, deletion, failure to deliver or store digital data or personalised settings for Users, which are under Users’ entire and sole responsibility.
The User acknowledges that their use of the Connected App is at their own risk.
It is therefore the User’s responsibility to take all appropriate measures to protect their own data and/or software from infection by viruses that may be present on the Connected App.
The Connected App is provided on the basis of an “as is” service which is only accessible when it is available.
Human Race provides no explicit or implicit guarantees regarding, and this list is not exhaustive, the quality and compatibility of the Connected App for a specific use and the non-violation of user rights for the Connected App by the User.
Information transmission speed is specific to each network; under no circumstances can Human Race be held responsible.
Human Race cannot provide any guarantee as to the reliability of any of the information provided or other data present on the Connected App, whether they are provided by Human Race., its partners and/or third parties.
As a result, all the information and other data included on the Connected App are provided for information purposes only and cannot be regarded, in any way, as constituting specific advice or assistance with deciding whether to carry out a transaction; accordingly, the User acknowledges that their use of this information and any other data available to them on the Connected App is at their own risk.
- WARNING – PARTICIPATION IN CHALLENGES
The Challenges which are accessible on the Connected App are suggested by Human Race on the understanding that their content is adjusted depending on the Participant’s reasons for taking part in the Event.
The Participant is responsible for taking necessary precautions in order to ensure they are in good health and are physically capable of taking part in the Challenges. To this end, the Participant accepts entire responsibility for consulting a doctor or healthcare professional before taking part in the Challenges proposed through the Connected App.
Generally speaking, the information contained on the Connected App does not constitute medical advice or training plans and may not, under any circumstances, be considered a substitute for a medical examination. The Participant is responsible for consulting a doctor or competent healthcare professional if they wish to obtain a diagnosis, treatment or other recommendations relating to their health and physical ability to take part in the Challenges.
UNDER NO CIRCUMSTANCES WILL HUMAN RACE BE HELD RESPONSIBLE FOR DIRECT OR INDIRECT DAMAGES RESULTING FROM PARTICIPATION IN THE CHALLENGES.
- ACCOUNT CLOSURE
The User may close their User Account at any time by sending an express request to firstname.lastname@example.org Simply deleting the Connected App is not sufficient to delete the User Account.
- APPLICABLE LAW
The present TCU are governed by UK law
In the event of a dispute, you must seek an amicable solution before taking any legal action by bringing your complaint to the attention of Human Race in the form of a registered letter with acknowledgement of receipt, within ten (10) days of the dispute arising.