Version 1.1, 07 January 2021

1. General

Pentathlon United (“PU”, “we” and “us”, and “our”) is committed to protecting the privacy of those users that access PU’s Applications and Services and the individuals that Personal Data is processed about using PU’s Applications and Services. This privacy policy (the “Privacy Policy”) governs our use of Personal Data as a controller as described in further detail below.
Please be sure to carefully read this Policy in its entirety before using or submitting information to PU’s Applications and Services. You, which in the case of an individual user that is employed by or otherwise works on behalf of one or more organisation(s), includes those organisation(s) (together “you” and “your”) agree to be bound by this Privacy Policy on the date that the user first accepts the Privacy Policy by clicking on “Agree” on the acceptance of terms page, or on the date that the user first uses PU’s Applications and Services, whichever occurs first (that date being the “Effective Date”). Whenever you submit Personal Data via PU’s Applications and Services or otherwise provide us with or make Personal Data available to us in the circumstances described in this Privacy Policy, you acknowledge that it will be collected, used and disclosed in accordance with this Privacy Policy. If you object to the terms of the Privacy Policy, you cannot use PU’s Applications and Services and you must cease using it immediately.
You warrant and undertake that: (i) you have full capacity and authority to agree to be bound by the Privacy Policy (including, in the case of an individual user, on behalf of the organisation(s) that the user works for); (ii) you have and will maintain all necessary licences, consents and permissions necessary for the performance of your obligations under this Privacy Policy; and (iii) you will comply with applicable laws and regulations with respect to your activities under this Privacy Policy.
We recommend that you read this Privacy Policy whenever you visit PU’s Applications and Services as we may, without prior notice to you, amend this Privacy Policy to reflect any changes in PU’ practices, services and legal obligations. If PU makes any material changes to the way PU collects, uses or shares Personal Data, PU will notify you of those changes by posting an updated notice on PU’s Applications and Services to which it relates or by an electronic communication to you, which will indicate the effective date of the proposed changes. Your continued use of PU’s Applications and Services following the effective date of a change to this Privacy Policy signifies your acceptance and agreement to the terms of the revised notice. This Privacy Policy has been revised at the “Last Updated” date displayed at the top of this Privacy Policy. All changes will be effective when posted at https://previ.se/privacy-policy and are binding on you from that date. The current version of the Privacy Policy will be displayed on this page.

2. Information about us and our role

Pentathlon United is an independent athlete representative body in the sport of Modern Pentathlon. We are the controller responsible for the processing of Personal Data described in this Privacy Policy under the Data Protection Legislation and other applicable law.

If you wish to contact us about this Privacy Policy or PU’s Applications and Services or for any enquiries about how we use Personal Data, please contact us at athletes@pentathlonunited.com.

3. The personal data we process as a controller

3.1 Purposes for processing

We will use and process Personal Data lawfully, fairly and in a transparent manner. We will collect and use Personal Data solely for the specified and legitimate purposes stated in this Privacy Policy. We use:

User Personal Data to:
1. make PU’s Applications and Services available to you and to contact you concerning the administration of your access and that of the organisation that you are employed by or otherwise work for. We will use the Personal Data in this way because it is in our legitimate interests to use Personal Data for these purposes;
2. send you service communications relating to the maintenance, support and updating of PU’s Applications and Services. We will use the Personal Data in this way because it is in our legitimate interests to use Personal Data for these purposes;
3. send you marketing communications including:
  1. updates about new or improved functionality of PU’s Applications and Services and services offered under it and events, promotions or competitions being offered by us; and
  2. information from us about goods and services which may be of interest to you;

Where you are a corporate subscriber, we will do this because it is in our legitimate interests to process Personal Data in this way. You are entitled to object to us contacting you or to amend your communication preferences by contacting us at pentathlonunited@gmail.com.
Where you are an individual subscriber, we will process Personal Data in this way where you have consented to receive these marketing communications from us. You are entitled at any time to withdraw your consent to receiving these marketing communications from us at any time.
If you subsequently decide that you do not want to receive marketing communications from us, please click the “unsubscribe” link provided in our marketing messages. Objecting to receiving marketing communications will not affect our use of the Personal Data prior to you objecting but it will mean that we will not be able to contact you about the offers we may run and other services we may be able to offer to you in the future.

1. contact you, if we receive a request to contact you or to send you any requested information. We will use the Personal Data in this way because it is in our legitimate interests to use Personal Data to communicate with you, to respond to your request and develop the relationship between us. It may also be necessary for us to
  1. use Personal Data to perform an agreement with you, where we would be unable to provide those services without that information (for example, if a particular service or information is to be provided to you, we would be unable to provide that service or information unless we were able to use Personal Data for that reason);
  2. use Personal Data to comply with a legal obligation relating to how we manage our business or our relationship with you;
2. enable us to contact you for security reasons or in order to respond to or direct communications from third parties to the relevant recipient(s). We will use the Personal Data in this way because it is in our legitimate interests to use Personal Data for these purposes;
3. manage our relationship with you and collect any amounts due. We will use the Personal Data in this way because it is in our legitimate interests to use Personal Data to communicate with you about amounts due and to develop the relationship between us. It may also be necessary for us to
  1. use Personal Data to perform an agreement with you, where we would be unable to provide those services without that information;
  2. use Personal Data to comply with a legal obligation relating to how we manage our business or our relationship with you;
4. verify your identity, onboard you as a customer, supplier and/or funder of PU, conduct anti-money laundering checks, risk management, credit checks and other compliance related activities as well as to satisfy our internal operational requirements. We do this because it is in our legitimate interests to make sure that the identities of our counterparties are genuine and relationships are not being established for fraudulent or other illegal reasons. We may also do this because we may be subject to legal obligations which require us to confirm the details that you provide to us before entering into a relationship with you;
5. enable you to access various features of PU’s Applications and Services and to configure and improve the quality, content and overall user experience of PU’s Applications and Services. We will use the Personal Data in this way because it is in our legitimate interests to use Personal Data for these purposes;
6. monitor and compile statistical and other information related to the performance, operation and use of PU’s Applications and Services. We will use the Personal Data in this way because it is in our legitimate interests to use Personal Data for these purposes;
7. to corroborate, match with or enrich personal data held by us for the purposes of identifying, establishing and managing business relationships. We will use the Personal Data in this way because it is in our legitimate interests to use Personal Data for these purposes;
8. use data from PU’s Applications and Services for security and operations management, to create statistical analyses (which may include analyses concerning the likelihood and speed of repayment by and other financial performance measures relating to certain organisations) and for research and development purposes. We will use the Personal Data in this way because it is in our legitimate interests to use Personal Data for these purposes; and
9. address other business needs such as website administration, fraud prevention, legal compliance and business continuity. We will use the Personal Data in this way because it is in our legitimate interests to use Personal Data for these purposes. We may also do this because we may be subject to legal obligations that require us to use Personal Data for these purposes.
Portal Personal Data to:
1. make PU’s Applications and Services available. We will use the Personal Data in this way because it is in our legitimate interests to use Personal Data for these purposes;
2. send service communications relating to the maintenance, support and updating of PU’s Applications and Services. We will use the Personal Data in this way because it is in our legitimate interests to use Personal Data for these purposes;
3. send marketing communications including:
  1. updates about new or improved functionality of PU’s Applications and Services and services offered under it and events, promotions or competitions being offered by us; and
  2. information from us about goods and services which may be of interest to you;

Where the recipient is a corporate subscriber, we will do this because it is in our legitimate interests to process Personal Data in this way. The recipient is entitled to object to us contacting them and can amend their communication preferences by contacting us at pentathlonunited@gmail.com.
Where the recipient is an individual subscriber, we will process Personal Data in this way where that data subject has consented to receive these marketing communications from us. The data subject is entitled at any time to withdraw his or her consent to receiving these marketing communications from us at any time.
If the relevant data subject subsequently decides that they do not want to receive marketing communications from us, they can click the “unsubscribe” link provided in our marketing messages. Objecting to being contacted for marketing purposes will not affect our use of the Personal Data prior to that but it will mean that we will not be able to contact the relevant data subject about the offers we may run and other services we may be able to offer to them in the future.

1. contact you and/or the relevant data subject, if we receive a request to contact or to send you and/or the relevant data subject any requested information. We will use the Personal Data in this way because it is in our legitimate interests to use Personal Data to communicate with you and/or the relevant data subject, to respond to requests and develop the relationship between us and/or them. It may also be necessary for us to
  1. use Personal Data to perform an agreement with a counterparty, where we would be unable to provide those services without that information (for example, if a particular service or information is to be provided to you, we would be unable to provide that service or information unless we were able to use Personal Data for that reason);
  2. use Personal Data to comply with a legal obligation relating to how we manage our business or our relationship with a counterparty;
2. enable us to make contact with you and/or the relevant data subject for security reasons or in order to respond to or direct communications from third parties to the relevant recipient(s). We will use the Personal Data in this way because it is in our legitimate interests to use Personal Data for these purposes;
3. manage our relationship with counterparties and collect any amounts due. We will use the Personal Data in this way because it is in our legitimate interests to use Personal Data to communicate with counterparties about amounts due and to develop the relationship between us and them. It may also be necessary for us to
  1. use Personal Data to perform an agreement with a counterparty, where we would be unable to provide those services without that information;
  2. use Personal Data to comply with a legal obligation relating to how we manage our business or our relationship with a counterparty;
4. verify identities, onboard customers, suppliers and/or funders of PU, conduct anti-money laundering checks, risk management, credit checks and other compliance related activities as well as to satisfy our internal operational requirements. We do this because it is in our legitimate interests to make sure that the identities of our counterparties are genuine and relationships are not being established for fraudulent or other illegal reasons. We may also do this because we may be subject to legal obligations which require us to confirm the details that are provided to us before entering into a relationship with a counterparty;
5. enable access to various features of PU’s Applications and Services and to configure and improve the quality, content and overall user experience of PU’s Applications and Services. We will use the Personal Data in this way because it is in our legitimate interests to use Personal Data for these purposes;
6. monitor and compile statistical and other information related to the performance, operation and use of PU’s Applications and Services. We will use the Personal Data in this way because it is in our legitimate interests to use Personal Data for these purposes;
7. to corroborate, match with or enrich personal data held by us for the purposes of identifying, establishing and managing business relationships. We will use the Personal Data in this way because it is in our legitimate interests to use Personal Data for these purposes;
8. use data from PU’s Applications and Services for security and operations management, to create statistical analyses (which may include analyses concerning the likelihood and speed of repayment by and other financial performance measures relating to certain organisations) and for research and development purposes. We will use the Personal Data in this way because it is in our legitimate interests to use Personal Data for these purposes; and
9. address other business needs such as website administration, fraud prevention, legal compliance and business continuity. We will use the Personal Data in this way because it is in our legitimate interests to use Personal Data for these purposes. We may also do this because we may be subject to legal obligations that require us to use Personal Data for these purposes.

With respect to the User Personal Data and/or Portal Personal Data that you provide to us, you will be informed at each information collection point which information is required to be provided and what we will use it for. We will let you know where you must provide us with the Personal Data in order to perform an agreement or to comply with a legal obligation. You can choose not to enter any such Personal Data into PU’s Applications and Services. However, if you choose not provide us with Personal Data in circumstances where we require it, we will be unable respond to enquiries, engage in further communications with you and/or make PU’s Applications and Services available to you in circumstances where the Personal Data is required to do that.

3.2 Information we collect from your browser and your device

As you navigate through PU’s Applications and Services, we will automatically collect information about your interaction with PU’s Applications and Services such as your IP address, traffic data, clickstream information, time stamp, location data, web logs, other communication data and the resources that you access when you visit PU’s Applications and Services and your browser or other applications on your device interact with it. We automatically collect this data using various technologies such as cookies, web logs and beacons as described below. This information allows us to better tailor our content to users’ needs and is only gathered while you are on PU’s Applications and Services.

We automatically receive and record such information on our server logs from your browser. As discussed below, we use this information to diagnose problems with our server, report aggregate information for statistical analysis, determine the fastest route for your computer to connect to PU’s Applications and Services and administer and improve PU’s Applications and Services.

To the extent this information constitutes User Personal Data, we use it as described in Clause 3.1(a), which includes to ensure that content from PU’s Applications and Services is presented in the most effective manner for you and your device because it is in our legitimate interests to improve our users’ online experience in relation to PU’s Applications and Services.

3.3 Cookies and other tracking technologies

PU’s Applications and Services use “cookies” to enhance your use of PU’s Applications and Services and/or services and to monitor your activity during your visit(s) to PU’s Applications and Services. Cookies are small text files that are stored on your browser and the hard drive of your computer, mobile or other handheld device. The cookies store information about your visit to PU’s Applications and Services and distinguish you from other users. Our use of cookies allows us to provide you with a better experience when you browse PU’s Applications and Services. The use of cookies also helps us to display content on PU’s Applications and Services and also allows us to obtain and analyse statistics about the use of PU’s Applications and Services so that we can improve it.

The use of cookies allows us to personalise content for you and remember your preferences. It also allows you to participate in interactive features when you choose to do so.

By clicking the “Ok” button you consent to our use of cookies as explained in this Privacy Policy. You can withdraw your consent at any time by turning off the cookies as described below but withdrawing your consent will not affect our use of the User Personal Data processed using those cookies prior to you withdrawing that consent.

The following table sets out the types of cookies used on PU’s Applications and Services and provides detail about what they are used for. When you use PU’s Applications and Services for the first time, cookies which are essential to make PU’s Applications and Services operate (see those identified as “essential cookies” below) will have been set but other cookies will not have been set unless you agreed to those cookies being set at that time. If you have agreed to accept cookies then PU’s Applications and Services will remember this and continue to set cookies each time you visit.

Some cookies are deleted when you close your browser. These are known as session cookies. Others remain on your device until they expire or you delete them. These are known as persistent cookies and enable us to remember things about you as a returning visitor, particularly if you wish to be remembered so you do not have to click on a link on every time you visit PU’s Applications and Services. If you do not want cookies to be stored, then you may turn off certain cookies listed below individually or you can select the appropriate options on your web browser to delete some or all cookies. Please note, however, that if you block some or all cookies (including essential cookies) you may not be able to use or access all or parts of PU’s Applications and Services, such as being able to access specific areas.

Strictly necessary

Strictly necessary cookies are required to operate our website or payment services and to protect the security of our services. They enable you to log into secure areas of our website or help us prevent and detect fraudulent transactions and other violations of our terms.”}”>Strictly necessary cookies are required to operate our website or payment services and to protect the security of our services. They enable you to log into secure areas of our website or help us prevent and detect fraudulent transactions and other violations of our terms.

If you would like to disable cookies, you can set your web browser to reject cookies. However, if you disable the cookie function, you may not be able to access or receive all the information contained on PU’s Applications and Services.

Please note that Google and other third parties (including, for example, advertising networks and providers of external services like web traffic analysis services) may also use cookies as a result of you visiting other websites, over which we have no control.

3.4 Sharing of Personal Data with third parties

We will share Personal Data with the following third parties:

Our Affiliates;
Our or any of our Affiliates’ accountants, insurers, auditors, partners and managers;
Our or any of our Affiliates’ legal advisers and representatives for the purposes of establishing, exercising and defending our legal rights and obligations and otherwise taking legal advice;
Our or any of our Affiliates’ service providers and sub-contractors;
Our or any of our Affiliates’ customers, suppliers and funders;
Potential purchasers of and/or successors in title to PU and representatives in connection with a sale, acquisition, reorganisation or other disposition of all or part of PU’s business or assets;
Operators of publicly available and private databases of business and individuals for the purposes of verifying identities. For example, we may use databases such as those retained by LinkedIn for this purpose;
Third party service providers for the purpose of fraud protection and credit risk reduction such as industry associations (such as CIFAS) and their members and any agents, delegates, nominees, attorneys, trustees or custodians acting on our or any of our Affiliate’s behalf;
To those third parties where we are required to do so by law or court order or in response to reasonable enquiries from or as a result of cooperating with any governmental, banking, taxation, supervisory, industry association (such as CIFAS) or other similar body or by the rules of any stock exchange;
To law enforcement and fraud prevention agencies.3

3.5 Records of Personal Data

We will keep a record of the Personal Data for the purposes described in this Privacy Policy. We will keep a copy of Personal Data held for the specific purpose for which it was provided, until this has come to an end and we no longer need to comply with a legal obligation that requires us to retain Personal Data. We will delete our copy of Personal Data 24 months after the termination of the business relationship or after a longer period after the end of the purposes explained in the preceding sentence, although we may retain a record of the existence of the relationship, to the extent that and for so long as we are required to do so by law. For example, if you have contacted us to ask for the processing of User Personal Data to be erased, we will retain a record of your request in order to ensure that we comply with your wishes. Should we receive Personal Data about an individual who is not a user of PU’s Applications and Services and has not agreed to the Privacy Policy, the Personal Data will be deleted or anonymised after a period of 6 months from the date it was first received.

3.6 International Personal Data Transfers

We store and process Personal Data only in the European Economic Area (“EEA”).

4. Your relationship with us

4.1 Your obligations

You warrant, represent and undertake to us:

that you have, in all respects, complied with your obligations under applicable Data Protection Legislation with respect to the User Personal Data and Portal Personal Data to permit our Processing of it;
that the Personal Data that you provide or otherwise make available to us is true, complete and up-to-date;
that You are entitled to transfer the User Personal Data and Portal Personal Data to us so that we may lawfully use, process and transfer the User Personal Data in order to provide PU’s Applications and Services and carry out our other rights and obligations under this Privacy Policy;
there is and will continue to be no prohibition or restriction in relation to our use of the Personal Data that would prevent or restrict the processing of the User Personal Data and Portal Personal Data for the purposes described in this Privacy Policy;
in respect of the Portal Personal Data, that you have the rights, have made all notifications and obtained all consents (including providing the fair processing notices required to be provided to the relevant data subjects under Articles 13 and 14 of the GDPR and obtaining the consents required to be obtained from the relevant data subjects as well as consents from individual subscribers to receive marketing communications from us under the Data Protection Legislation), authorisations, approvals and licences necessary to enable the Personal Data to be provided and/or made available and then used as described in this Privacy Policy and that these rights, notifications, consents, authorisations, approvals and licences are and will remain in full force and effect.

If any of the Personal Data that you have provided to or made available to us changes (for example if you change your contact details) then you will promptly notify us by sending an email to pentathlonunited@gmail.com.

You indemnify and will keep us indemnified against all Liabilities sustained or incurred by us as a result of the occurrence of any of the following:

your failure to comply with any of your obligations under this Privacy Policy and our enforcement, exercise or protection of our rights under this Privacy Policy; and/or
any undertaking, representation or warranty made by you under this Privacy Policy that is or proves to have been incorrect or misleading.

4.2 Your rights

With respect to the Personal Data that we collect about you from PU’s Applications and Services, under Data Protection Legislation you have the right to:

request access to that Personal Data;
receive a copy of that Personal Data which you have provided to PU in a structured commonly used format so that you can share it with others;
where that Personal Data is inaccurate or incomplete, ask for Personal Data to be rectified or completed;
request the transfer of that Personal Data to another party;
ask for that Personal Data be erased;
object to us processing that Personal Data by asking for the processing of that Personal Data to be restricted or stopped. For example, if PU uses Personal Data for marketing purposes; and
make a complaint to a European data protection authority about the manner in which we process Personal Data, such as the UK Information Commissioner’s Office.

Please contact pentathlonunited@gmail.com to exercise these rights or for additional information. When you contact us to exercise the above rights, we may ask for further information from you, to confirm your identity, as we take the protection of Personal Data seriously. You may also be able to access and update the information you have provided to us via your weblink.

5. Miscellaneous

5.1 Contact information

If you have any questions, comments or concerns about this Privacy Policy, you may contact us at pentathlonunited@gmail.com.

5.2 Security

We have implemented appropriate technical and organizational measures on our servers, which are designed to protect Personal Data from accidental or unlawful destruction, loss, alteration, unauthorized disclosure of, or access to, Personal Data transmitted, stored or otherwise processed.

You should keep in mind that internet transmissions (including emails) are never completely secure or error-free. As such, you should take steps to protect yourself, especially online and take special care in deciding what information you send to us via e-mail or other transmissions. Where you use weblinks, ID numbers, or other special access features on PU’s Applications and Services, it is your responsibility to safeguard them. You should choose a strong password for your device, do not use the same password that you use elsewhere and do not share your password with anyone else. Also remember to sign out of PU’s Applications and Services and close your browser window when you have finished to ensure that others who may have access to your computer cannot access Personal Data.

Whilst we may take any information provided by you into account, only we will determine the content of any related public statements and any required notices to the affected data subjects and/or the relevant supervisory authorities in connection with a personal data breach in relation to the Personal Data.

5.3 Links to other websites

PU’s Applications and Services may contain links or references to other websites. Please be aware that we do not control other websites and, except as otherwise noted in the applicable website, this Privacy Policy does not apply to those websites. We encourage you to read the privacy and cookie policy of every website you visit. We are not responsible for the security or privacy of any information collected by these third parties.

We may offer certain “share”, “social media” or “email a friend” functionality on PU’s Applications and Services. If you choose to use these functions, we may and/or the third party social media networks may collect certain information about you depending on the function or feature you use. With respect to the social media features (such as allowing you to post information about your activities or share your information with others on a social media site), the collection and use of information by and your interactions with the third party social media network will be governed by the privacy policy of the company providing those social media features. We are not responsible for the security or privacy of any information collected by these third parties.

5.4 Severability

If any provision of the Privacy Policy is deemed unlawful, void or for any other reason unenforceable then that provision will be deemed severed from the Privacy Policy and will not affect the validity and enforceability of any remaining provisions of the Privacy Policy.

5.5 No waivers

Our failure or delay to exercise or enforce any rights or any provision of the Privacy Policy will not constitute a waiver of such right or provision unless acknowledged and agreed to by us in writing.

5.6 Third party rights

Except as otherwise explicitly permitted by this Privacy Policy, a person who is not a party to this Privacy Policy has no right under the Contracts (Rights of Third Parties) Act 1999 to enforce or enjoy the benefit of any of this Privacy Policy.

5.7 No partnership

Nothing in this Privacy Policy is intended to or will operate to create a partnership between you and us or authorise either you or us to act as agent for the other. Neither party will have the authority to act in the name of, on behalf of or otherwise to bind the other in any way (including, but not limited to, the making of any representation or warranty, the assumption of any obligation or liability and the exercise of any right or power).

5.8 Entire agreement

The Privacy Policy represent the entire understanding between you and us in relation to its subject matter.

5.9 Amendment

We may, from time to time, change this Privacy Policy. When this happens, the new updated Privacy Policy will be displayed to you after you log in and you will be asked to accept or reject them. If you accept such Privacy Policy you will be granted access to PU’s Applications and Services. If you reject such Privacy Policy you will no longer have access to PU’s Applications and Services.

6. Term and termination

The Privacy Policy will commence on the Effective Date and will continue to apply to you until terminated by either you or us in accordance with the provisions of this Privacy Policy (the “Term”).
We may terminate the Privacy Policy in whole or in part and/or suspend your access to PU’s Applications and Services with immediate effect, by giving written notice to you, if(i) you do not comply with the Privacy Policy, including, without limitation, in the event of your actual or suspected unauthorised use of PU’s Applications and Services, (ii) you breach the terms of any other agreement you have with us or (iii) an Insolvency Event occurs in relation to you
We may terminate the Privacy Policy in whole or in part and/or suspend your access to PU’s Applications and Services following the expiry of any agreement you have with us.
We may terminate this Privacy Policy in whole or in part with immediate effect by giving written notice if an Insolvency Event occurs in relation to you.
In the event that the Privacy Policy is terminated, or if we suspend your access to PU’s Applications and Services, you agree that we will have no liability or responsibility to you and we will not refund any amounts that you have already paid, to the fullest extent permitted under applicable law.
Upon expiry of the Term or termination of this Privacy Policy in accordance with its terms:
1. the rights granted to you under this Privacy Policy will terminate and you will cease all use of PU’s Applications and Services either immediately;
2. nothing will affect any accrued rights or liabilities of either party at the date of the termination;14
3. nothing will affect the continuance in force of any provision of this Privacy Policy to the extent it is expressed or by implication intended to continue in force after termination. The following provisions will in any event survive expiry or termination: Clauses 1.3, 3.1 to 3.5, 4, 5, this Clause 6.6, Clauses 7 and 8; and
4. for the avoidance of doubt, nothing will affect your obligation to pay any charges due to be paid and any outstanding charges due but not yet paid will become immediately due and payable on expiry of the Privacy Policy or on the effective date of termination of the Privacy Policy, whichever occurs earlier.

7. Governing law and jurisdiction

The Privacy Policy and any non-contractual obligations arising out of or in connection with it are governed by English law. The courts of England have exclusive jurisdiction to settle any dispute arising out of or in connection with your use of PU’s Applications and Services and/or the Privacy Policy (including a dispute relating to the existence, validity or termination of the Privacy Policy or any non-contractual obligation arising out of or in connection with the Privacy Policy) and the parties to this Privacy Policy agree that the courts of England are the most appropriate and convenient courts to settle disputes and accordingly no party will argue to the contrary.

8. Definitions and interpretation

8.1 In this Privacy Policy:

“Affiliates” means, in relation to a person, a Subsidiary of that person or a Holding Company of that person or any other Subsidiary of that Holding Company;

“Data Protection Legislation” means EU Data Protection Laws and, to the extent applicable, the data protection or privacy laws of any other country;

“EU Data Protection Laws” means the GDPR and the Privacy and Electronic Communications Directive 2002/58/EC, as implemented into and supplemented by domestic legislation of each EU Member State (such as by the Data Protection Act 2018 and the Privacy and Electronic Communications (EC Directive) Regulations 2003 in the UK) and as amended, replaced or superseded from time to time;

“GDPR” means the EU General Data Protection Regulation 2016/679;

“Holding Company” means, in relation to a person, any other person in respect of which it is a Subsidiary;

“Indemnified Parties” has the meaning described in Clause 4.1(c); “Insolvency Event” means in relation to a party:

the issue of a petition for its winding up;
the convening of a meeting for the purpose of considering the passing of a winding-up resolution for its winding up (except for the purpose of a solvent amalgamation or reconstruction where the resulting entity is to assume all of its obligations under this Agreement);
the making of an application to the court for an administration order or the filing at court of a notice of intention to appoint an administrator;
a provisional liquidator, liquidator, administrative receiver, administrator, trustee or other similar officer taking possession of or being appointed over or an encumbrancer taking possession of the whole or substantially the whole of its property;
a receiver being appointed over any part of its property;
its making proposals for or entering into a company voluntary arrangement (within the meaning of Part I, Insolvency Act 1986) or otherwise making proposals for or entering into a compromise with the majority by value of its unsecured creditors;
the filing of documents specified in Schedule A1, Insolvency Act 1986 with the court with a view to obtaining a moratorium pending its making proposals for a company voluntary arrangement;
its being unable to pay its debts within the meaning of s123(1) Insolvency Act 1986 or being unable to pay its debts as they fall due; or
any similar event occurs in any relevant jurisdiction;

“Liabilities” means any sum (present, contingent or future) payable by you to us including, without limitation, any damages, claims, losses, costs and expenses (including legal expenses on a full indemnity basis);

“PU’s Applications and Services” means the website provided by PU at https://pentathlonunited.com/ and any other domain through which PU provides such service or other applications and services;

“Privacy Policy” means the privacy policy described here;

“Subprocessor” means any person (including any third party but excluding any of our employees or any employee of our subcontractors) appointed by or on behalf of us to Process Personal Data in connection with this Privacy Policy;

“Subsidiary” means a subsidiary undertaking within the meaning of section 1162 of the Companies Act 2006;

“Personal Data” means Portal Personal Data and User Personal Data;

“Portal Personal Data” means any personal data collected, derived or otherwise obtained by us or a Subprocessor relating to data subjects that are not users of PU’s Applications and Services that are identified in invoices, lists of customer and/or supplier contacts and/or other information uploaded onto PU’s Applications and Services or otherwise provided to or made available by you to us which we use for the purposes described in Clause 3.1(b);

“Privacy Policy” has the meaning described in Clause 1.1 above;

“User Personal Data” means any personal data collected, derived or otherwise obtained by us or a Subprocessor about you and about your other users of PU’s Applications and Services which we use for the purposes described in Clauses 3.1(a), 3.2 and 3.3; and

The terms, “Commission”, “controller”, “data subject”, “Member State”, “personal data”, “personal data breach”, “processor”, “processing” and “supervisory authority” will have the same meaning as in the GDPR, and their cognate terms will be construed accordingly.

8.2 Unless a contrary indication appears, any reference to:

the “Privacy Policy” or other agreement is a reference to the Privacy Policy or that agreement as amended, novated, restated, supplemented, extended or replaced;
the singular will include the plural and vice versa;
a “Clause” is a reference to a Clause to these terms and conditions;
the word “including” (and its derivations) must be construed as being for illustration or emphasis only and not as limiting the generality of any preceding words;
the word “other” must not be construed as being limited by the context in which it appears or the words that precede it where a wider construction is possible;
any “person” includes any assignee, transferee, successor-in-title, delegate or appointee of that person (but, in the case of you or us, only permitted assignees or transferees). It also includes any individual, company or other body corporate, any state or state agency or any unincorporated body, association, trust, joint venture, consortium or partnership whether or not having separate legal personality);
a “regulation” includes any regulation, rule, official directive, request or guideline (whether or not having the force of law) of any governmental, intergovernmental or supranational body, agency, department or of any regulatory, self-regulatory or other authority or organisation;
a provision of law is a reference to that provision as amended or re-enacted;
a time of day is a reference to local time in London, United Kingdom; and
clause headings are for ease of reference only.

Pentathlon United