Parties
This appointment is the Article 28 GDPR agreement between the customer (person, coach, company or club) as controller and Nicoelsoft di Vito Nicola Scarciolla, Via Sandro Pertini 32, 35010 Vigonza (PD), Italy, VAT 05779090280, as processor.
It covers the data that the product syncs with Nicoelsoft servers in the context of Video Analyst, Video Analyst Live and Tattico. It does not change Nicoelsoft’s role as controller of the account, billing and website logs, described in the privacy notice.
Scope: what is included and what is not
Included: player photos (and other identifiable people in the images) and team logos that you choose to sync with the server, with the technical metadata needed for synchronisation.
Excluded: analysis videos and related video files. They stay exclusively on the user’s computer or device; they are not transmitted to Nicoelsoft, they are not stored on the Nicoelsoft cloud and they are not covered by this appointment. On those videos Nicoelsoft is not a processor.
When it applies
It applies when you use the sync features that send to the server photos or logos from which an athlete or another person, including a minor, can be identified, or the team logo.
This appointment is accepted expressly at registration, together with the terms and the privacy notice, with an authority declaration by the person acting for the controller (individual or club). Proof (document versions, acceptance flags, IP, user agent, server timestamp) is kept as described in the privacy notice.
Subject and duration
Nicoelsoft stores the synced photos and logos to enable the product features that depend on sync, and deletes them at the end of the service according to the documented instructions. The appointment lasts for the service contract.
Data and data subjects
Data: synced player/staff photographs, team logos, related sync metadata. Data subjects: athletes and other people identifiable in the photos, including minors. Videos are out of scope.
Instructions
Nicoelsoft processes this data only on documented instructions: the terms, this appointment, the product’s sync and deletion features, and written requests to privacy@nicoelsoft.com. If an instruction appears unlawful, Nicoelsoft informs you.
Security
Authorised persons are bound by confidentiality. Measures include HTTPS/TLS, __Host-* HttpOnly/Secure session cookies, multi-factor authentication where required, passwords in protected form, access control, separation of accounts, hosting and backups with Hostinger, and technical logging. Detail in the privacy notice. Photos and logos are not sold and are not used for marketing.
Sub-processors
You give a general authorisation to Hostinger International Ltd. (Cyprus), which hosts the service and backups, and to Microsoft Ireland Operations Limited (Ireland), for service email. Stripe is not a sub-processor of this content. A change is communicated by updating the privacy notice or by email. You may object within 30 days: if the objection cannot be resolved, you may stop synchronisation and ask for deletion of the synced data.
Rights and breaches
Nicoelsoft assists you, as far as the service allows, with data-subject requests relating to synced data. If a request about photos or logos reaches Nicoelsoft, it is forwarded to you without undue delay. A breach affecting this data is notified to you without undue delay after we become aware of it.
End of the service
When the service ends, the synced data (photos and logos) is deleted, unless a legal obligation applies. Anonymisation does not apply to these files: it applies only to aggregate platform metrics described in the privacy notice. Videos on the user’s device are not deleted by Nicoelsoft because it does not hold them.
Audits
Nicoelsoft makes available the information needed to show compliance with this appointment. An audit, including by a mandated reviewer, is possible with reasonable notice, in business hours and without disrupting the service, normally no more than once a year, unless there is a breach or a request from an authority.
Customer duties
Before syncing photos (including of minors) or logos you must have a legal basis. For minor athletes in the photos the basis is yours. At registration you declare that you have it and that you are authorised to accept this appointment for the controller. Nicoelsoft does not verify the age of people in the photos and does not perform biometric recognition. Do not sync special-category data, including medical records and biometric data used for identification, unless an Article 9 GDPR condition applies.
Transfers
If a sub-processor transfers data outside the European Economic Area, the transfer uses an adequacy decision or standard contractual clauses, as described in the privacy notice.
Priority
For processing of synced photos and logos this appointment prevails over the terms. Contact: privacy@nicoelsoft.com and legal@nicoelsoft.com.
