Terms and Conditions
This document was created using a Contractology template available at http://www.freenetlaw.com..
These terms and conditions govern your use of this website; by using this website, you accept these terms and conditions in full. If you disagree with these terms and conditions or any part of these terms and conditions, you must not use this website.
License to use website
Unless otherwise stated, rowsandall.com and/or its licensors own the intellectual property rights in the website and material on the website. Subject to the license below, all these intellectual property rights are reserved.
You may view, download for caching purposes only, and print pages from the website for your own personal use, subject to the restrictions set out below and elsewhere in these terms and conditions.
You must not:
- republish material from this website (including republication on another website);
- sell, rent or sub-license material from the website;
- reproduce, duplicate, copy or otherwise exploit material on this website for a commercial purpose;
- redistribute material from this website except for content specifically and expressly made available for redistribution.
You must not use this website in any way that causes, or may cause, damage to the website or impairment of the availability or accessibility of the website; or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.
You must not use this website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software.
You must not conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to this website without rowsandall.com’s express written consent.
You must not use this website to transmit or send unsolicited commercial communications.
Access to certain areas of this website is restricted. rowsandall.com reserves the right to restrict access to areas of this website, or indeed this entire website, at rowsandall.com’s discretion.
If rowsandall.com provides you with a user ID and password to enable you to access restricted areas of this website or other content or services, you must ensure that the user ID and password are kept confidential.
rowsandall.com may disable your user ID and password in rowsandall.com’s sole discretion without notice or explanation.
In these terms and conditions,
your user content means material (including without limitation text, images, audio material, video material and audio-visual material) that you submit to this website, for whatever purpose.
You grant to rowsandall.com a worldwide, irrevocable, non-exclusive, royalty-free license to use, reproduce, adapt, publish, translate and distribute your user content in any existing or future media. You also grant to rowsandall.com the right to sub-license these rights, and the right to bring an action for infringement of these rights.
Your user content must not be illegal or unlawful, must not infringe any third party’s legal rights, and must not be capable of giving rise to legal action whether against you or rowsandall.com or a third party (in each case under any applicable law).
You must not submit any user content to the website that is or has ever been the subject of any threatened or actual legal proceedings or other similar complaint.
rowsandall.com reserves the right to edit or remove any material submitted to this website, or stored on rowsandall.com’s servers, or hosted or published upon this website.
Notwithstanding rowsandall.com’s rights under these terms and conditions in relation to user content, rowsandall.com does not undertake to monitor the submission of such content to, or the publication of such content on, this website.
This website is provided
as is without any representations or warranties, express or implied. rowsandall.com makes no representations or warranties in relation to this website or the information and materials provided on this website.
Without prejudice to the generality of the foregoing paragraph, rowsandall.com does not warrant that:
- this website will be constantly available, or available at all; or the information on this website is complete, true, accurate or non-misleading.
Nothing on this website constitutes, or is meant to constitute, advice of any kind. If you require advice in relation to any legal, financial or medica] matter you should consult an appropriate professional.
Limitations of liability
rowsandall.com will not be liable to you (whether under the law of contact, the law of torts or otherwise) in relation to the contents of, or use of, or otherwise in connection with, this website:
- for any indirect, special or consequential loss; or
- for any business losses, loss of revenue, income, profits or anticipated savings, loss of contracts or business relationships, loss of reputation or goodwill, or loss or corruption of information or data.
These limitations of liability apply even if rowsandall.com has been expressly advised of the potential loss.
Nothing in this website disclaimer will exclude or limit any warranty implied by law that it would be unlawful to exclude or limit; and nothing in this website disclaimer will exclude or limit rowsandall.com’s liability in respect of any:
- death or personal injury caused by rowsandall.com’s negligence;
- fraud or fraudulent misrepresentation on the part of rowsandall.com; or
- matter which it would be illegal or unlawful for rowsandall.com to exclude or limit, or to attempt or purport to exclude or limit, its liability.
By using this website, you agree that the exclusions and limitations of liability set out in this website disclaimer are reasonable.
If you do not think they are reasonable, you must not use this website.
You agree that the limitations of warranties and liability set out in this website disclaimer will protect rowsandall.com’s officers, employees, agents, subsidiaries, successors, assigns and sub-contractors as well as rowsandall.com.
If any provision of this website disclaimer is, or is found to be, unenforceable under applicable law, that will not affect the enforceability of the other provisions of this website disclaimer.
You hereby indemnify rowsandall.com and undertake to keep rowsandall.com indemnified against any losses, damages, costs, liabilities and expenses (including without limitation legal expenses and any amounts paid by rowsandall.com to a third party in settlement of a claim or dispute on the advice of rowsandall.com’s legal advisers) incurred or suffered by rowsandall.com arising out of any breach by you of any provision of these terms and conditions, or arising out of any claim that you have breached any provision of these terms and conditions.
Breaches of these terms and conditions
Without prejudice to rowsandall.com’s other rights under these terms and conditions, if you breach these terms and conditions in any way, rowsandall.com may take such action as rowsandall.com deems appropriate to deal with the breach, including suspending your access to the website, prohibiting you from accessing the website, blocking computers using your IP address from accessing the website, contacting your internet service provider to request that they block your access to the website and/or bringing court proceedings against you.
rowsandall.com may revise these terms and conditions from time-to-time. Revised terms and conditions will apply to the use of this website from the date of the publication of the revised terms and conditions on this website. Please check this page regularly to ensure you are familiar with the current version.
rowsandall.com may transfer, sub-contract or otherwise deal with rowsandall.com’s rights and/or obligations under these terms and conditions without notifying you or obtaining your consent.
You may not transfer, sub-contract or otherwise deal with your rights and/or obligations under these terms and conditions.
If a provision of these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect. If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.
These terms and conditions constitute the entire agreement between you and rowsandall.com in relation to your use of this website, and supersede all previous agreements in respect of your use of this website.
Law and jurisdiction
These terms and conditions will be governed by and construed in accordance with Czech Law and any disputes relating to these terms and conditions will be subject to the exclusive jurisdiction of the courts of The Czech Republic.
The rowsandall.com site is owned by Rowsandall s.r.o., Nové sady 988/2, Staré Brno, 602 00 Brno, Czech Republic (company identification number 070 48 572)
You can contact rowsandall.com by using the email contact form.
Personal information collection
At rowsandall.com we take your privacy very seriously. In order to provide access to the service we must collect and store some personal information about you.
What is collected? Rowsandall.com may collect and use the following kinds of information:
- information about your use of this website
- information that you provide for the purpose of registering with the website
- information about transactions carried out over this website
- information that you provide for the purpose of using this website, for instance heart rate band and weight information.
- any other information that you send to rowsandall.com
Basic profile information is collected from you when you create your account including your full name and email address. As you use the site, information about the users, workouts, charts and other resources you interact with will also be stored and linked to your profile information.
Explicitly, the following information is collected:
- User name, email address, encrypted password (PBKDF2 algorithm with a SHA256 Hash and a password stretching mechanism recommended by NIST).
- Your birth date.
- Your user consent to these GDPR compliance policies, and the date at which you consented. Without this consent, the site cannot be used.
- Weight category. With individual workouts, you may record your actual weight during the workout.
- Your gender, if you decide to provide it.
- Heart rate zones you define. Only the actual values are stored. We do not keep records of their evolution.
- Power zones and Functional Threshold power. Only the actual values are stored. We do not keep records of their evolution.
- Parameter values used to construct your Critical Power curve (OTW and OTE).
- User preferences, such as the buttons and functionalities defined in the Workflow left panel and right panel.
- Tokens and their expiry dates used for sharing data with other fitness sites. You can actually revoke these at any time.
- User preferences as shown on the user settings page
- Your favorite Flex Charts if defined
- The teams you are a member of.
- Estimated four minute, 2k and 1 hour ergometer and OTW power values, based on the workouts you upload, and their evolution during your usage of the site
- For members on the Coach plan, the names and purposes of teams. Names of team members. (Members who delete their account will be erased from existing teams.)
- Any rowing courses you uploaded
- Training targets and training plans
- Your uploaded workouts, their names, boat type, start time and date, time zone information, total distance, duration, weight, average and maximum heart rate, and references to their locations on third party sites, rigging parameters (if provided), summary information, any notes you made, privacy status and ranking piece status.
- Stroke data, including, for each stroke, time, heart rate, pace, stroke rate, work per stroke, power, average and peak force, drive length, distance, drive speed, catch and finish angles, slip, wash, peak force angle, effective angle, rhythm, efficiency and distance per stroke, as well as any other data in the data files you shared to rowsandall.com
- Images created on the site, from your rowing data, or uploaded to the site.
- Comments you make to your and other people's workouts
Who can I contact?
The data protection officer for rowsandall.com is Sander Roosendaal and he may be contacted at firstname.lastname@example.org.
Notifications and Email Policy
Some actions on the site result in an individual email sent to you.
We will rarely use mass email to communicate to all our users. These cases are limited to substantial changes in terms and conditions and other announcements impacting the terms on which you use the site. We will it is important to get these messages to you. If you do not with to receive such emails, you can indicate so in the user settings ("Get Important Emails" under "Account Information").
Other site related communication (new features, outages, bugs, price changes) are communicated through announcements on the website, throught Twitter, Facebook and our blog posts.
- Send an email to email@example.com requesting to withdraw consent and remove your data
- Delete your account using the red button on the user settings page.
All the data mentioned in the previous section are stored in files and in a database, hosted on our hosting provider's servers. Our hosting provider is creating backups of those data. The database backups are retained for 7 days. File backups are retained for 30 days. However, the file names or content do not contain any links to the users. The link to the file is stored under the user data in the database, so once a database entry is removed, there is no way to link a file with data to a particular user.
When a user requests deletion of the data, his account and all data linked to his account are removed from the database and the files are deleted. This includes all data mentioned in the previous section. In backups, database entries will be removed after 7 days and files after 30 days.
Data deletion can be initiated by the user through the button on the user settings page.
The site uses SSL to encrypt data transferred between the server and the client (web browers, mobile apps, third party sites). Any forms are secured from Cross Site Request Forgery (CSRF) using Django's CSRF middleware.
We have a double defense against reading or editing of personal data. First, we ensure that all "protected" views are only visible to logged-in users. Only logged-in users have buttons leading to the private parts of the site. As a second step, protecting against guessing of URL, before serving data from the database, we check explicitly that the data is owned by the user in question, redirecting unauthorized requests to a "Permission Denied" page. Private data is collected through POST requests to prevent them from being visible in URL data.
rowsandall.com will take reasonable technical and organisational precautions to prevent the loss, misuse or alteration of your personal information.
In case of loss, misuse or alteration of your personal information, we will inform you without undue delay and take measures to prevent further misuse. In particular, we will deactivate your account, which will not delete the data but make them inaccessible even for people who obtained the password (including yourself). We will await your instructions. If no instructions are received within 7 days of contacting you, your account and all your data will be removed.
Who is my data shared with?
Only the data owner and the site administrator can edit and/or delete the data. Per our data policy, the site administrator will not alter or delete any data owned by users, unless requested so. As data are not stored on servers that are physically owner by us, or by our hosting provider, but we use rented server space, we are technically sharing the information to agents or sub-contractors.
Where rowsandall.com discloses your personal information to its agents or sub-contractors for these purposes, the agent or sub-contractor in question will be obligated to use that personal information in accordance with the terms of this privacy statement. Our hosting provider is based in the European Union and is bound by the same GDPR regulation as we are.
In addition to the disclosures reasonably necessary for the purposes identified elsewhere above, rowsandall.com may disclose your personal information to the extent that it is required to do so by law, in connection with any legal proceedings or prospective legal proceedings, and in order to establish, exercise or defend its legal rights.
Workout data and charts based on workout data can be shared to anyone by sharing the URL. Workouts have an option to be set to "private", in which case the data are not visible to anyone except the owner. The site is not searchable for data other than your own data, so there is no way for other people to track your workouts, unless you share them.
We user PayPal and Braintree (a PayPal service) to process payments. Your payment information, such as credit card information, is not stored on our servers, but is stored in a secure vault at our payment processors PayPal and Braintree.
On rowsandall.com, users with the paid "Coach" plan can establish teams and invite other users to become part of the team. The purpose of a team is to share workout and training plan data between the coach and the team members. In terms of sharing behavior, there are two types of teams:
- "All Members" - This is the default team type. All members can see workouts of all other members, except those workouts that the members have marked as "private".
- "Coach Only" - With this setting, each individual team member is sharing his workout data only with the team manager. Other members cannot see his workouts.
By accepting an "invitation" to become a member of a team, or by requesting to become part of a team, you agree to automatically share all your workout data (including workouts done prior to becoming a member of the team) to the team manager (coach) and, depending to the team policy, to other members of the team. When you leave a team, all your workout data will immediately become invisible to those who had access to it during your team membership, including workouts that cover the period of time when you were member of the team. As a member of a team, you grant the team manager permission to edit workout data on your behalf, including the creation of charts and cross workout analysis. You also grant the team manager permission to edit your heart rate and power settings, as well as functional threshold information and the account information accessible on your settings page under the header "Account Information". The team manager is not able to access or change your passwords, team memberships, favorite charts, export settings, workflow layout, or secret tokens. Also, the team manager is not able to download all your data, not can he deactivate or delete your account.
In case that a team manager wants to change the sharing behavior of one of his teams from "Coach Only" to "All Members", he has to inform all impacted team members in due time. He shall give team members a minimum of three days to decide whether they agree with the new sharing policy, and collect the consent of the team members with the new sharing policy. The team manager must remove team members who did not give their active consent to the new policy from his team. If a team member has not responded within 7 days of being notified, the team manager will understand this as "no consent" and remove the team member.
When notified of a change in team sharing behavior by the team manager, the team member has to decide whether he agrees. In case of disagreement, he shall revoke his team membership within less than 7 days of being notified.
Third Party Sharing
This site offers the possiblity to synchronize your data with other fitness sites. By clicking on the share or connect button (link, or equivalent) you agree to share information between rowsandall.com and the other website. Rowsandall.com is not responsible for the privacy policies or practices of any third party. Sharing the data to third party sites is at your own risk and you should ensure that the third party has suitable GDPR compliant measures in place.
Inactive Users - accounts are deleted after 18 months
If a user is not active on the site for 12 months, we will make deactivate the account. After 18 months, the account is deleted.
Duration of consent
The data will be retained for the duration of the owner's membership, or 18 months after the user's last activity on the site.
Through the "download your data" link on the user settings page, each user can download all workout data. Stroke data can be downloaded through links in the downloaded workout data file.