for each player
Surpass Sport Systems Ltd. (SURPASSPORT) provides software and data storage services to clubs & schools to support their safeguarding, data privacy and player welfare duties, and in doing so, extends access to athletes (or their parents) for communication and scheduling. wellbeing, workload and activity summaries are shared with athlete (or parental) consent with clubs & schools for the purposes of informing coaching decisions and player welfare.
Data Processor Agreement
Data Processing and Security Terms
Last modified on and effective as of 15th February 2018.
These Data Processing and Security Terms, including their appendices (the “Terms”) will be effective and replace any previously applicable data processing and security terms as from the Terms Effective Date (as defined above).
- Account Settings means the facility within the software application, typically accessed using https://app.surpassport.com, where Organisation information can be entered and updated.
- Customer Personal Data means the personal data contained within Customer Data.
- Data Incident means a breach of SURPASSPORT’s security leading to the accidental or unlawful destruction, loss, alteration, unauthorised disclosure of, or access to, Customer Data on systems managed by or otherwise controlled by SURPASSPORT. “Data Incidents” will not include unsuccessful attempts or activities that do not compromise the security of Customer Data, including unsuccessful log-in attempts, pings, port scans, denial of service attacks, and other network attacks on firewalls or networked systems.
- EEA means the European Economic Area.
- European Data Protection Legislation means, as applicable: (a) the GDPR; and/or (b) Data Protection Act 2018 of 24th May 2018 (Ireland); and/or (c) the Federal Data Protection Act of 19 June 1992 (Switzerland).
- GDPR means Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC.
- Notification Email Address means the email address(es) designated by the Organisation in the role of Chairperson, Principal and/or Child Welfare Officer, to receive account-level notifications from SURPASSPORT.
- Security Measures has the meaning given in Section 7.1.1 (SURPASSPORT’s Security Measures).
- Subprocessors means third parties authorised under these Terms to have logical access to and process Customer Data in order to provide parts of the Services.
- Term means the period from the Terms Effective Date until the end of SURPASSPORT’s provision of the Services, including, if applicable, any period during which provision of the Services may be suspended and any post-termination period during which SURPASSPORT may continue providing the Services for transitional purposes.
- Terms Effective Date means the date on which the Organisation accepted, or the parties otherwise agreed to, these Terms.
2.2 The terms “personal data”, “data subject”, “processing”, “controller”, “processor” and “supervisory authority” as used in these Terms have the meanings given in the GDPR.
3. Duration of these Terms
These Terms will take effect on the Terms Effective Date and, notwithstanding expiry of the Term, will remain in effect until, and automatically expire upon, deletion of all Customer Data by SURPASSPORT as described in these Terms.
4. Scope of Data Protection Legislation
4.1 Application of European Legislation. The parties acknowledge and agree that the European Data Protection Legislation will apply to the processing of Customer Personal Data if, for example:
- the processing is carried out in the context of the activities of an establishment of the Organisation in the territory of the EEA; and/or
- Customer Personal Data is personal data relating to data subjects who are in the EEA and the processing relates to the offering to them of goods or services in the EEA or the monitoring of their behaviour in the EEA.
4.2 Application of Non-European Legislation. The parties acknowledge and agree that Non-European Data Protection Legislation may also apply to the processing of Customer Personal Data.
4.3 Application of Terms. Except to the extent these Terms state otherwise, these Terms will apply irrespective of whether the European Data Protection Legislation or Non-European Data Protection Legislation applies to the processing of Customer Personal Data.
5. Processing of Data
5.1.1 Processor and Controller Responsibilities. If the European Data Protection Legislation applies to the processing of Customer Personal Data, the parties acknowledge and agree that:
- the subject matter and details of the processing are described in Appendix 1;
- SURPASSPORT is a processor of that Customer Personal Data under the European Data Protection Legislation;
- the Organisation is a controller or processor, as applicable, of that Customer Personal Data under European Data Protection Legislation; and
- each party will comply with the obligations applicable to it under the European Data Protection Legislation with respect to the processing of that Customer Personal Data.
5.1.2 Authorisation by Third Party Controller. If the European Data Protection Legislation applies to the processing of Customer Personal Data and the Organisation is a processor, the Organisation warrants to SURPASSPORT that the Organisation’s instructions and actions with respect to that Customer Personal Data, including its appointment of SURPASSPORT as another processor, have been authorised by the relevant controller.
5.1.3 Responsibilities under Non-European Legislation. If Non-European Data Protection Legislation applies to either party’s processing of Customer Personal Data, the parties acknowledge and agree that the relevant party will comply with any obligations applicable to it under that legislation with respect to the processing of that Customer Personal Data.
5.2 Scope of Processing.
5.2.1 Organisation’s Instructions. By entering into these Terms, the Organisation instructs SURPASSPORT to process Customer Personal Data only in accordance with applicable law:
(a) to provide the Services;
(b) as further specified via the Organisation’s use of the Services (including the Account Settings and other functionality of the Services);
(d) as further documented in any other written instructions given by the Organisation and acknowledged by SURPASSPORT as constituting instructions for purposes of these Terms.
5.2.2 SURPASSPORT’s Compliance with Instructions. SURPASSPORT will comply with the instructions described in Section 5.2.1 (Organisation’s Instructions) (including with regard to data transfers) unless EU or EU Member State law to which SURPASSPORT is subject requires other processing of Customer Personal Data by SURPASSPORT, in which case SURPASSPORT will inform the Organisation (unless that law prohibits SURPASSPORT from doing so on important grounds of public interest) via the Notification Email Address.
6. Data Deletion
6.1 Deletion by the Organisation. SURPASSPORT will enable the Organisation to delete Customer Data during the Term in a manner consistent with the functionality of the Services. If the Organisation uses the Services to delete any Customer Data during the Term and that Customer Data cannot be recovered by the Organisation, this use will constitute an instruction to SURPASSPORT to delete the relevant Customer Data from SURPASSPORT’s systems in accordance with applicable law. SURPASSPORT will comply with this instruction as soon as reasonably practicable and within a maximum period of 180 days, unless EU or EU Member State law requires storage.
6.2 Deletion on Termination. On expiry of the Term, the Organisation instructs SURPASSPORT to delete its Account and all Customer Data, except Customer Data which relates to Athlete activity records for Organisation Members.
Customer Data (except that excluded as described above) and the Account will be removed from SURPASSPORT’s systems in accordance with applicable law. SURPASSPORT will, after a recovery period of up to 30 days following such expiry, comply with this instruction as soon as reasonably practicable and within a maximum period of 180 days, unless EU or EU Member State law requires storage.
Without prejudice to Section 9.1 (Access; Rectification; Restricted Processing; Portability), the User acknowledges and agrees that the User will be responsible for exporting, before the Term expires, any Customer Data it wishes to retain afterwards.
7. Data Security
7.1 Security Measures, Controls and Assistance
7.1.1 SURPASSPORT’s Security Measures. SURPASSPORT will implement and maintain technical and organisational measures to protect Customer Data against accidental or unlawful destruction, loss, alteration, unauthorised disclosure or access as described in Appendix 2 (the “Security Measures”). As described in Appendix 2, the Security Measures include measures to encrypt personal data; to help ensure ongoing confidentiality, integrity, availability and resilience of SURPASSPORT’s systems and services; to help restore timely access to personal data following an incident; and for regular testing of effectiveness. SURPASSPORT may update or modify the Security Measures from time to time provided that such updates and modifications do not result in the degradation of the overall security of the Services.
7.1.2 Security Compliance by SURPASSPORT Staff. SURPASSPORT will take appropriate steps to ensure compliance with the Security Measures by its employees, contractors and Subprocessors to the extent applicable to their scope of performance, including ensuring that all persons authorised to process Customer Personal Data have committed themselves to confidentiality or are under an appropriate statutory obligation of confidentiality.
7.1.3 SURPASSPORT’s Security Assistance. The Organisation agrees that SURPASSPORT will (taking into account the nature of the processing of Customer Personal Data and the information available to SURPASSPORT) assist the Organisation in ensuring compliance with any of the Organisation’s obligations in respect of security of personal data and personal data breaches, including if applicable the Organisation’s obligations pursuant to Articles 32 to 34 (inclusive) of the GDPR, by:
- implementing and maintaining the Security Measures in accordance with Section 7.1.1 (SURPASSPORT’s Security Measures);
- complying with the terms of Section 7.2 (Data Incidents); and
7.2 Data Incidents
7.2.1 Incident Notification. If SURPASSPORT becomes aware of a Data Incident, SURPASSPORT will:
- notify the Organisation of the Data Incident promptly and without undue delay after becoming aware of the Data Incident; and
- promptly take reasonable steps to minimise harm and secure Customer Data.
7.2.2 Details of Data Incident. Notifications made pursuant to this section will describe, to the extent possible, details of the Data Incident, including steps taken to mitigate the potential risks and steps SURPASSPORT recommends the Organisation take to address the Data Incident.
7.2.3 Delivery of Notification. Notification(s) of any Data Incident(s) will be delivered to the Notification Email Address or, at SURPASSPORT’s discretion, by direct communication (for example, by phone call or an in-person meeting). The Organisation is solely responsible for ensuring that the Notification Email Address is current and valid.
7.2.4 No Assessment of Customer Data by SURPASSPORT. SURPASSPORT will not assess the contents of Customer Data in order to identify information subject to any specific legal requirements. Without prejudice to SURPASSPORT’s obligations under this Section 7.2 (Data Incidents), the Organisation is solely responsible for complying with incident notification laws applicable to the Organisation and fulfilling any third party notification obligations related to any Data Incident(s).
7.2.5 No Acknowledgement of Fault by SURPASSPORT. SURPASSPORT’s notification of or response to a Data Incident under this Section 7.2 (Data Incidents) will not be construed as an acknowledgement by SURPASSPORT of any fault or liability with respect to the Data Incident.
7.3 the Organisation’s Security Responsibilities and Assessment
7.3.1 Organisation’s Security Responsibilities. The Organisation agrees that, without prejudice to SURPASSPORT’s obligations under Section 7.1 (SURPASSPORT’s Security Measures, Controls and Assistance) and Section 7.2 (Data Incidents):
Organisation is solely responsible for its use of the Services, including:
- securing the account authentication credentials, systems and devices the Organisation uses to access the Services;
- backing up its Customer Data as appropriate; and
- SURPASSPORT has no obligation to protect copies of Customer Data that the Organisation elects to store or transfer outside of SURPASSPORT’s and its Subprocessors’ systems (for example, offline or on-premises storage).
7.3.2 The Organisation’s Security Assessment.
Organisation is solely responsible for evaluating for itself whether the Services, the Security Measures and SURPASSPORT’s commitments under this Section 7 (Data Security) will meet the Organisation’s needs, including with respect to any security obligations of the Organisation under the European Data Protection Legislation and/or Non-European Data Protection Legislation, as applicable.
Organisation acknowledges and agrees that (taking into account the state of the art, the costs of implementation and the nature, scope, context and purposes of the processing of Customer Personal Data as well as the risks to individuals) the Security Measures implemented and maintained by SURPASSPORT as set out in Section 7.1.1 (SURPASSPORT’s Security Measures) provide a level of security appropriate to the risk in respect of Customer Data.
7.4 Reviews and Audits of Compliance
7.4.1 Organisation’s Audit Rights. If the European Data Protection Legislation applies to the processing of Customer Personal Data, SURPASSPORT will allow the Organisation or an independent auditor appointed by the Organisation to conduct audits (including inspections) to verify SURPASSPORT’s compliance with its obligations under these Terms in accordance with Section 7.4.2 (Additional Business Terms for Reviews and Audits).
Organisation may also conduct an audit to verify SURPASSPORT’s compliance with its obligations under these Terms.
7.4.2 Additional Business Terms for Reviews and Audits. Organisation must send any requests for reviews of Organisation Control to SURPASSPORT’s Data Protection Officer as described in Section 11 (SURPASSPORT Data Protection Office; Processing Records).
Following receipt by SURPASSPORT of an Organisation Control review request under Section 7.4.2(a), SURPASSPORT and the Organisation will discuss and agree in advance on: (i) the reasonable date(s) of and security and confidentiality controls applicable to any review under Section 7.4.1(c); and (ii) the reasonable start date, scope and duration of and security and confidentiality controls applicable to any audit under Section 7.4.1(a) or 7.4.1(b).
SURPASSPORT may charge a fee (based on SURPASSPORT’s reasonable costs) for any review of Organisation Control under Section 7.4.1(c) and/or audit under Section 7.4.1(a) or 7.4.1(b). SURPASSPORT will provide the Organisation with further details of any applicable fee, and the basis of its calculation, in advance of any such review or audit. The Organisation will be responsible for any fees charged by any auditor appointed by the Organisation to execute any such audit.
SURPASSPORT may object in writing to an auditor appointed by the Organisation to conduct any audit under Section 7.4.1(a) or 7.4.1(b) if the auditor is, in SURPASSPORT’s reasonable opinion, not suitably qualified or independent, a competitor of SURPASSPORT, or otherwise manifestly unsuitable. Any such objection by SURPASSPORT will require the Organisation to appoint another auditor or conduct the audit itself.
8. Impact Assessments and Consultations
Organisation agrees that SURPASSPORT will (taking into account the nature of the processing and the information available to SURPASSPORT) assist the Organisation in ensuring compliance with any obligations of the Organisation in respect of data protection impact assessments and prior consultation, including if applicable the Organisation’s obligations pursuant to Articles 35 and 36 of the GDPR, by:
9. Data Subject Rights; Data Export
9.1 Access; Rectification; Restricted Processing; Portability. During the Term, SURPASSPORT will, in a manner consistent with the functionality of the Services, enable the Organisation to access, rectify and restrict processing of Customer Data, including via the deletion functionality provided by SURPASSPORT as described in Section 6.1 (Deletion by the Organisation), and to export Customer Data.
9.2 Data Subject Requests
9.2.1 Organisation’s Responsibility for Requests. During the Term, if SURPASSPORT receives any request from a data subject in relation to Customer Personal Data, SURPASSPORT will advise the data subject to submit their request to the Organisation and the Organisation will be responsible for responding to any such request including, where necessary, by using the functionality of the Services.
9.2.2 SURPASSPORT’s Data Subject Request Assistance. The Organisation agrees that SURPASSPORT will (taking into account the nature of the processing of Customer Personal Data) assist the Organisation in fulfilling any obligation to respond to requests by data subjects, including if applicable the Organisation’s obligation to respond to requests for exercising the data subject’s rights laid down in Chapter III of the GDPR, by:
- complying with the commitments set out in Section 9.1 (Access; Rectification; Restricted Processing; Portability) and Section 9.2.1 (Organisation’s Responsibility for Requests).
10.1 Consent to Subprocessor Engagement. The Organisation specifically authorises the engagement as Subprocessors of:
(a) those entities listed as of the Terms Effective Date at the URL specified in Section 10.2 (Information about Subprocessors); and
(b) all other SURPASSPORT Affiliates from time to time. In addition, the Organisation generally authorises the engagement as Subprocessors of any other third parties (“New Third Party Subprocessors”).
10.2 Information about Subprocessors. Information about Subprocessors, including their functions and locations, is available at: https://surpassport.com/legal/third-party-suppliers (as may be updated by SURPASSPORT from time to time in accordance with these Terms).
10.3 Requirements for Subprocessor Engagement. When engaging any Subprocessor, SURPASSPORT will:
ensure via a written contract that:
- if the GDPR applies to the processing of Customer Personal Data, the data protection obligations set out in Article 28(3) of the GDPR, as described in these Terms, are imposed on the Subprocessor; and
- remain fully liable for all obligations subcontracted to, and all acts and omissions of, the Subprocessor.
10.4 Opportunity to Object to Subprocessor Changes. When any New Third Party Subprocessor is engaged during the Term, SURPASSPORT will, at least 30 days before the New Third Party Subprocessor processes any Customer Data, inform the Organisation of the engagement (including the name and location of the relevant subprocessor and the activities it will perform) by sending an email to the Notification Email Address.
11. SURPASSPORT Protection Office; Processing Records
11.1 SURPASSPORT Protection Office. SURPASSPORT Protection Office can be contacted at email@example.com (and/or via such other means as SURPASSPORT may provide from time to time).
11.2 SURPASSPORT’s Processing Records. The Organisation acknowledges that SURPASSPORT is required under the GDPR to:
(a) collect and maintain records of certain information, including the name and contact details of each processor and/or controller on behalf of which SURPASSPORT is acting and, where applicable, of such processor’s or controller’s local representative and data protection officer; and
(b) make such information available to the supervisory authorities. Accordingly, if the GDPR applies to the processing of Customer Personal Data, the Organisation will, where requested, provide such information to SURPASSPORT via the Account Settings or other means provided by SURPASSPORT, and will use the Account Settings or such other means to ensure that all information provided is kept accurate and up-to-date.
13. Third Party Beneficiary
14. Effect of These Terms
Appendix 1: Data Processing Details
SURPASSPORT’s provision of the Services to the Organisation.
Duration of the Processing
The Term plus the period from the expiry of the Term until deletion of all Organisation Data by SURPASSPORT in accordance with the Terms.
Nature and Purpose of the Processing
SURPASSPORT will process Customer Personal Data for the purposes of providing the Services to the Organisation in accordance with the Terms.
Categories of Data
Data relating to individuals provided to SURPASSPORT via the Service, by (or at the direction of) the Organisation or by the Organisation Authorised Users.
Data Subjects include the individuals about whom data is provided to SURPASSPORT via the Services by (or at the direction of) the Organisation or by the Organisation Authorised Users.
Appendix 2: Security Measures
As from the Terms Effective Date, SURPASSPORT will implement and maintain the Security Measures set out in this Appendix 2. SURPASSPORT may update or modify such Security Measures from time to time provided that such updates and modifications do not result in the degradation of the overall security of the Services.
1. Data Centre and Network Security
Infrastructure. SURPASSPORT stores all production data in a physically secure ISO 27001 certified data centre located in Dublin. The data centre implements redundant network connection and components, power sources and core equipment, designed to eliminate single points of failure and minimise the impact of environmental risks.
Server Operating Systems. SURPASSPORT servers use RHEL Centos 7 (Linux) based operating system configured for the application environment.
Network & Connectivity
Data Transmission. Data centre is connected via high-speed links to provide secure and fast data transfer between SURPASSPORT servers and users. SURPASSPORT transfers data via Internet standard protocols.
External Attack Surface. SURPASSPORT employs multiple layers of network devices and intrusion detection to protect its external attack surface. SURPASSPORT considers potential attack vectors and incorporates appropriate technologies into external facing systems.
Intrusion Detection. Intrusion detection is intended to provide insight into ongoing attack activities and provide adequate information to respond to incidents. SURPASSPORT’s intrusion detection involves:
- tightly controlling the size and make-up of SURPASSPORT’s attack surface through preventative measures;
- employing intelligent detection controls at data entry points; and
- employing technologies that automatically remedy certain dangerous situations.
Incident Response. SURPASSPORT monitors a variety of communication channels for security incidents, and SURPASSPORT’s security personnel will react promptly to known incidents.
Encryption Technologies. SURPASSPORT requires HTTPS encryption (also referred to as SSL or TLS connection) for all public access connections. SURPASSPORT servers support ephemeral elliptic curve Diffie-Hellman cryptographic key exchange signed with RSA and ECDSA. These perfect forward secrecy (PFS) methods help protect traffic and minimise the impact of a compromised key, or a cryptographic breakthrough.
2. Access and Site Controls
Infrastructure Security Personnel. SURPASSPORT has, and maintains, a security policy for its personnel, and requires security training as part of the training package for its personnel. SURPASSPORT’s infrastructure security personnel are responsible for the ongoing monitoring of SURPASSPORT’s security infrastructure, the review of the Services, and responding to security incidents.
Access Control and Privilege Management. the Customer’s administrators must authenticate themselves to SURPASSPORT systems in order to administer the Services.
Internal Data Access Processes and Policies – Access Policy.SURPASSPORT’s internal data access processes and policies are designed to prevent unauthorised persons and/or systems from gaining access to systems used to process personal data. SURPASSPORT designs its systems to
- (i) only allow authorised persons to access data they are authorised to access; and
- (ii) ensure that personal data cannot be read, copied, altered or removed without authorisation during processing, use and after recording. The systems are designed to detect any inappropriate access. SURPASSPORT employs a centralised access management system to control personnel access to production servers, and only provides access to a limited number of authorised personnel.
SURPASSPORT requires the use of unique user IDs, strong passwords, and additionally two factor authentication for certain functions. The granting or modification of access rights is based on:
- the authorised personnel’s job responsibilities;
- job duty requirements necessary to perform authorised tasks; and
- a need to know basis.
The granting or modification of access rights must also be in accordance with SURPASSPORT’s internal data access policies and training. Access to systems is logged to create an audit trail for accountability. Where passwords are employed for authentication (e.g., login to workstations), password policies that follow at least industry standard practices are implemented.
Data Storage and Logging.
SURPASSPORT stores data in a multi-tenant environment on SURPASSPORT servers. SURPASSPORT logically isolates the Customer’s data. The Customer will be given control over specific data sharing policies. Those policies, in accordance with the functionality of the Services, will enable the Customer to determine the product sharing settings applicable to the Customer End Users for specific purposes.
SURPASSPORT generates hourly backups of the database, which is encrypted before transfer to secure offsite backup storage. Backups are retained for a period of 30 days and are periodically tested as part of disaster recovery management procedures.
Data deleted by the Customer is periodically purged from Data Storage, as soon as reasonably practicable and within a maximum period of 180 days, unless EU or EU Member State law requires storage.
4. Employee Security
SURPASSPORT employees are required to conduct themselves in a manner consistent with the company’s policies regarding confidentiality, business ethics, appropriate usage, and professional standards. SURPASSPORT conducts reasonably appropriate backgrounds checks to the extent legally permissible and in accordance with applicable local employment law and statutory regulations.
Employees are required to execute a confidentiality agreement and must acknowledge receipt of, and compliance with, SURPASSPORT confidentiality and privacy policies. Employee are provided with security training.
SURPASSPORT employees will not process Customer Data without authorisation.
5. Sub-Processor Security
Before appointing Sub-Processors, SURPASSPORT conducts an audit of the security and privacy practices of Sub-Processors to ensure Sub-Processors provide a level of security and privacy appropriate to their access to data and the scope of the services they are engaged to provide. Once SURPASSPORT has assessed the risks presented by the Sub-Processor, then subject to the requirements set out in Section 11.3 (Requirements for Sub-Processor Engagement) of these Terms, the Sub-Processor is required to enter into appropriate security, confidentiality and privacy contract terms.