These terms and conditions of use ("Terms") will apply to your use of the "Service", being:
By clicking below where indicated, you hereby confirm that you accept these Terms for and on behalf of the football club on whose behalf you are accessing (the "Club") and that you are authorised to accept these Terms for and on behalf of the Club.
These Terms are entered between EFL Digital and the Club, each being a party.
You hereby agree on behalf of the Club as follows:
Relationship with the Club Agreement
1. These Terms are supplemental to and shall be deemed to form part of the Club Agreement entered into between EFL Digital and the Club in connection with, amongst other things, hosting of the club’s official website (the "Club Agreement"). All limitations and exclusions of liability set out within the Club Agreement shall continue to apply to the Club's use of the Service, save where expressly stated otherwise. In the event of any conflict between these Terms and the terms of the Club Agreement, these Terms shall take precedence.
Use of the Service
2. EFL Digital procures certain aspects of the Service via Goodform Limited ("Goodform") which includes some service elements Goodform obtain from Direct Select (192) Limited trading as UKChanges who is a sub-processor (“UKChanges”). To the extent that the Club has any issues with respect to the Service, the Club agrees that it will deal with the same via EFL Digital and it will not bring any complaints or claims against Goodform Limited or UKChanges. The Club must give notice to EFL Digital of any potential claims with respect to the Service in sufficient time to allow EFL Digital to pursue the claim within the period of 24 months of the Club first becoming aware of the potential claim.
3. EFL is required to ensure that your use of the Service is in accordance with the terms imposed by UKChanges a copy of which are set out at: https://www.managemypreferences.co.uk/efl/terms. By agreeing to these Terms, you confirm that you have read and understood these licensor terms and that you will not through your use of the Service do anything to place Goodform Limited, The Football League Limited (“EFL”) or EFL Digital in breach of such licensor terms.
4. In using the Service the Club shall:
4.1 provide EFL Digital and Goodform with such information and such assistance as reasonably required to provide the Service;
4.2 ensure that all written information and materials given by the Club to Goodform, EFL and/or EFL Digital are or were accurate when given, given in compliance with applicable laws, and remain accurate in all material respects;
4.3 keep secure all log-in details provided to the Club in connection with the Service;
4.4 perform virus scanning of a reasonable standard on the Club users' systems which integrate or interact with the Service;
4.5 not undertake any act or omission which would reasonably be likely to adversely affect the systems, software or services of Goodform EFL, and/or EFL Digital;
4.6 only use the Service with reasonable skill and care and in compliance with applicable law and not in a manner which might place Goodform EFL, and/or EFL Digital in breach of applicable law;
4.7 implement reasonable security, business continuity, disaster recovery, backup and firewall arrangements to safeguard its systems and data. EFL Digital, EFL and Goodform shall have no liability with respect to lost or corrupted data other than to use reasonable endeavours to restore from any back-ups they may have;
4.8 undertake all firewall and configuration settings in respect of Club users' systems (including software) to allow such systems to communicate with the Service as necessary.
5. The Club acknowledges and agrees that EFL Digital shall be entitled to make changes to the Service from time to time at its discretion, including without limitation where required in order to maintain compliance of the Service with applicable law or for reasons of maintenance (planned or emergency).
6. If at any time the Club wishes to cease use of the Service, in order to receive a copy of any Club data held by the Service it shall complete a data export template in the form specified by EFL Digital.
7. Any changes to a Club newsletter that the Club wishes to distribute using the Service must be made by 10am on the date the newsletter is to be distributed. Any request to cease distribution of automated newsletter must be given at least 7 days in advance of the required cessation date.
8. With regards to any materials uploaded to the Service by the Club or otherwise provided to Goodform EFL, and/or EFL Digital in connection to the Service by the Club ("Club Materials"), the Club shall ensure that such materials:
8.1 are of the correct format (and correct content) as notified by EFL Digital from time to time;
8.2 do not contain any information or materials which are: unlawful; defamatory; infringing any third party’s intellectual property rights; pornographic; racist; sexist; discriminatory; offensive; or of a nature which a reasonable person would not reasonably expect to be provided or uploaded in relation to the Service.
9. The Club hereby grants to EFL, EFL Digital and Goodform a limited, non-exclusive licence, with the right to sub-license to their licensors and subcontractors, for the duration of the Club's use of the Service to use and access the Club Materials to the extent necessary to provide the Service.
10. The Club warrants that the Club Materials do not and the use of these by Goodform and/or EFL Digital to provide the Service will not infringe the intellectual property rights of any third party.
11. The Club shall on demand indemnify and keep indemnified EFL and EFL Digital (on its own behalf and on behalf of any of its third parties including Goodform and any subcontractors) from and against all losses by Goodform EFL, EFL Digital and/or their associated third parties arising out of or in connection with any claim, demand or action alleging that the Club Materials have infringed any intellectual property rights of a third party. Any limitations, exclusions and/or any cap on liability set out in the Club Agreement shall not apply to this indemnity which shall be unlimited.
12. The Club agrees that if it fails to comply with any of its obligations specified in these Terms or fails to comply with such obligation by an agreed deadline (a "Club Default"):
12.1 Goodform, EFL and/or EFL Digital shall not be responsible for any resultant delays with respect to the Service; and
12.2 Goodform, EFL and/or EFL Digital shall be entitled to recover additional reasonable and costs, expenses or losses that it suffers as a direct result of the Client Default and which they has been unable to avoid despite having made reasonable endeavours to do so.
13. The Club shall indemnify and hold harmless EFL and EFL Digital (on its own behalf and on behalf of any of its third parties including Goodform and any subcontractors) against any costs (including redundancy costs), liabilities and expenses (including reasonable legal expenses) incurred by Goodform, EFL, EFL Digital or their associated third parties in relation to the transfer of the employment of any Club personnel to Goodform, EFL Digital or their associated third parties in connection with the Club's use of the Service.
14. The Club shall comply with its obligations under the Data Protection Laws.
15. The Club shall not, by its acts or omissions, cause EFL Digital (or any members of its Group) to breach its obligations under the Data Protection Laws.
16. Notwithstanding any other terms, the Club agrees that it shall not be provided with access to or Process any credit card or charge card or debit or bank account details in any Online Facilities Data.
17. The Club acknowledges that the factual arrangement dictates the role of each party in respect of the Data Protection Laws. Notwithstanding the foregoing, the parties anticipate that each party shall act as a Controller in respect of the Processing of Personal Data as set out in the Clauses below.
18. Notwithstanding these Clauses, if EFL Digital and the Club are deemed to be joint Controllers, the parties shall be jointly responsible for the compliance obligations imposed on a Controller by the Data Protection Laws, and the Parties shall do all necessary things to enable performance of such compliance obligations, save that the terms of Clauses 21 to 28 below shall still apply.
19. The Club agrees to use all reasonable efforts to assist EFL Digital with, and ensure compliance with, such obligations as are respectively imposed on them by the Data Protection Laws.
Online Facilities Data
20. EFL Digital and the Club is each a Controller of the Online Facilities Data.
21. The Club shall ensure that it includes the privacy notice that is provided by EFL Digital to the Club on the Online Facilities to cover the Processing by EFL Digital and the Club. The Club shall only process the Online Facilities Data as set out in and in accordance with said privacy notice.
22. In respect of the Online Facilities Data the Club acknowledges that EFL Digital is noted as the point of contact on the Online Facilities privacy notice and agrees that EFL Digital shall respond to and deal with Correspondence it receives in respect of any Online Facilities Data on behalf of both parties. The Club shall provide all assistance, data, information and carry out such actions as is required by EFL Digital in accordance with the timelines set by EFL Digital to enable EFL Digital to respond to and deal with any such Correspondence in accordance with the Data Protection Laws. If the Club receives any Correspondence relating to the Online Facilities Data it shall immediately inform EFL Digital and shall provide EFL Digital with all relevant copies of the Correspondence and any other information and assistance EFL Digital requests.
23. The Club agrees that EFL Digital shall deal with any Personal Data Breach that occurs in relation to the Online Facilities Data including making decisions about whether to notify any Personal Data Breach to the ICO or other regulator, affected Data Subjects or any other third party or body. EFL Digital shall liaise with the Club in respect of any such Personal Data Breach and shall consider the Club's views in this respect.
24. The Club shall notify EFL Digital immediately of any suspected, threatened or actual Personal Data Breach of which it becomes aware in relation to or affecting the Online Facilities Data and shall provide EFL Digital with all information, data and assistance as is requested by EFL Digital to enable EFL Digital to assess the impact of and to determine what notifications may be required by the parties under Data Protection Laws.
25. The Club agrees to provide assistance as is necessary to EFL Digital to facilitate the handling of any Personal Data Breach and any notifications in respect of such Personal Data Breach in an expeditious and compliant manner.
26. Notwithstanding any other term, the Club shall be responsible for compliance with its data security obligations where Online Facilities Data has been transmitted by or transferred to it, or while Online Facilities Data is in its possession or control.
27. In the event of any dispute or claim or other action brought by a Data Subject or the ICO or other regulator concerning the Processing of Online Facilities Data against either or both parties, the Club agrees it will inform EFL Digital about any such disputes or claims or other action, and will cooperate with EFL Digital with a view to settling them amicably in a timely fashion.
28. Any disputes between the Club and EFL Digital shall be dealt with in accordance with the dispute provisions in the Club Agreement. To the extent there is not a Club Agreement between the Club and EFL Digital, the Club and EFL Digital each agrees to submit any disputes to arbitration in accordance with the procedures set out in Section 9 of the Regulations of the EFL (as may be amended from time to time during the term) as if the same were set out herein (mutatis mutandis).
29. The Club shall be a Controller in respect of any Club Data and shall be responsible for complying with and fulfilling all of the obligations under the Data Protection Laws in respect of such Club Data including without limitation:
29.1.1 ensuring it satisfies a lawful bases for any Processing of Club Data;
29.1.2 providing Data Subjects with a privacy notice which is sufficient in scope and satisfies the requirements of the Data Protection Laws;
29.1.3 Processing the Club Data in accordance with the terms of such privacy notice and the Data Protection Laws;
29.1.4 responding to and dealing with any Correspondence in respect of the Club Data in accordance with the Data Protection Laws; and
29.1.5 responding to and dealing with any Personal Data Breach in respect of the Club Data.
30. The Club authorises EFL Digital and the members of its Group to enter into processing arrangements and clauses with EFL Processors (such as Goodform and other third parties as required) in respect of the Processing of any Online Facilities Data and/or the Club Data that such third parties will carry out. The Club consents to the appointment of any Processors and sub processors. EFL Digital (or applicable EFL Group members) shall inform the Club of any intended replacement Processors or new Processors. Any objection by the Club to any processor shall be notified in writing by the Club to EFL Digital (or applicable EFL Group member) who shall consider such objection and, where the EFL deems appropriate, discuss such objection with the Club.
31. The Club authorises EFL Digital and any members of the its Group on its behalf to enter into the Standard Contractual Clauses (as updated or amended or replaced from time to time) in connection with any Processing to be carried out by any Processor.
32. The Club authorises EFL Digital (or applicable EFL Group member) to provide instructions on its behalf in respect of any Processing to an EFL Processor who is Processing any Online Facilities Data and/or Club Data. If the Club has any specific instructions it will notify these in writing to EFL Digital (or applicable EFL Group member) for consideration.
33. The Club agrees that EFL Digital (or applicable EFL Group member) may enforce the terms of any agreement with an EFL Processor (in accordance with its terms) on behalf of the Club and the Club agrees to the extent that the Club has any issues with respect to any Personal Data Processing by an EFL Processor the Club will deal with the same via EFL Digital (or applicable EFL Group member) and it will not bring any complaints or claims against any EFL Processor without EFL Digital’s (or applicable EFL Group member’s) prior express written consent. The Club must give notice to EFL Digital (or applicable EFL Group member) of any potential claims with respect to such EFL Processor in sufficient time to allow EFL Digital to pursue the claim within the period of 24 months of the Club first becoming aware of the potential claim.
34. EFL Digital shall use reasonable endeavours to facilitate any request for information and data that the Club may have about the Processing carried out by any EFL Processor in accordance with the terms of the relevant agreements.
35. EFL Digital shall, where appropriate and required in compliance with the Data Protection Laws, inform the Club of any Personal Data Breach that it is informed of from any EFL Processor that affects the Online Facilities Data and/or the Club Data.
35.1 EFL Digital (or applicable EFL Group member) shall comply with its obligations under the Data Protection Laws and shall put in place with EFL Processors a written agreement to comply with the obligations imposed upon a Processor under the Data Protection Laws. In the written agreement:
35.1.1 EFL Digital (or applicable EFL Group member) shall agree and document the nature of the processing in accordance with Article 28(3), and oblige the EFL Processor to comply with the obligations set out in Article 28(2), (3), and (4) of the GDPR, and any other duties as set out in the Data Protection Act 2018 all as provided for in the terms set out in the relevant written agreement;
35.1.2 no Personal Data shall be transferred outside the EEA without having adequate protection in place in accordance with the Data Protection Laws;
35.1.3 notification of any Personal Data Breach by the EFL Processor shall be made promptly after the EFL Processor becomes aware of such incident.
36. The Club shall indemnify on demand and keep indemnified EFL Digital and each member of its Group from and against any Losses suffered or incurred by EFL Digital and each member of its Group, awarded against or agreed to be paid by EFL Digital and each member of its Group to the extent arising from the Club's failure to comply with the Data Protection Laws and/or any of Clauses [15 to 35]. Any limitations, exclusions and/or any cap on liability set out in the Club Agreement shall not apply to this indemnity which shall be unlimited. This clause shall take precedence over, and prevail in the event of any conflict with, any terms in the Club Agreement.
37. The terms relating to data protection set out in these terms shall take precedence over and in the event of any conflict shall prevail over any terms relating to data protection contained in the Club Agreement.
Data protection definitions
38. For the purposes of these Terms the following definitions shall have the following meanings:
38.1.1 "Controller", "Data Subject", "Personal Data", "Personal Data Breach", "Processor" and "Processing" shall have the meanings given to them in the Data Protection Laws and "Process" and "Processed" shall be construed accordingly.
38.1.2 "Club Data" means any Personal Data provided to the Club by Data Subjects offline or which is gathered by the Club for its own use or which is gathered online without the involvement of the EFL Group and it includes any element of the Online Facilities Data which the Club uses for its own purposes outside the terms of the privacy notice provided by EFL Digital and/or which the Club processes outside the Goodform CRM Solution.
38.1.3 "Data Protection Laws" means (i) the GDPR, and any applicable national implementing Laws as amended from time to time (ii) the Data Protection Act 2018 ("DPA 2018") to the extent that it relates to processing of personal data and privacy; (iii) all applicable Law about the processing of personal data and privacy; (iv) any code of practice or guidance published by a regulator and/or European Data Protection Board from time to time.
38.1.4 "Correspondence" means any notices, investigations, complaints, queries, any Data Subject rights requests and/or any other correspondence whether from a data subject, the ICO or any third party or body.
38.1.5 "EFL Group" means a Group company of EFL, and for the avoidance of doubt otherwise including EFL Digital.
38.1.6 "EFL Processors" means any Processor of the Online Facilities Data and/or the Club Data appointed by EFL Digital or a member of its Group.
38.1.7 "GDPR" means the General Data Protection Regulation (Regulation (EU) 2016/679).
38.1.8 "Goodform CRM Solution" means the eCRM solution provided by Goodform Limited to EFL Digital.
38.1.9 "Group" means in relation to a company, that company, any subsidiary or holding company from time to time of that company, and any subsidiary from time to time of a holding company of that company (with holding company and subsidiary having the meaning given in section 1159 of the Companies Act 2006).
38.1.10 "Laws" means any law, statute, declaration, decree, directive, legislative enactment, order, ordinance, regulation, rule or other binding restriction (as amended, consolidated or re-enacted from time to time).
38.1.11 "Losses" means losses, liabilities, damages, compensation awards, payments made under settlement arrangements, actions, claims, proceedings, costs and other expenses including fines, interest and penalties, whether arising in contract, tort (including negligence), breach of statutory duty or otherwise, legal and other professional fees and expenses.
38.1.12 "Online Facilities" means the relevant official branded Club website and the official Club mobile application.
38.1.13 "Online Facilities Data" means the Personal Data collected by the EFL Group through Data Subjects' use of the Online Facilities and Personal Data which is provided by third parties (such as EA Sports and/or otherwise as the case may be from time to time) and which is processed in EFL Digital procured systems, including (without limitation) the Goodform CRM Solution.
38.1.14 "Standard Contractual Clauses" means the Standard Contractual Clauses approved by the European Commission for transfers from Controllers in the European Economic Area to Processors outside the European Economic Area as updated and/or amended from time to time and any mechanism or contractual clauses approved by the UK government and/or the UK Information Commissioner.