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ACTIVATE YOUR ACCOUNT
Use the activation code that accompanies your WinnerCam bracelet in the box to register your account. Choose whether you want to pay your WinnerCam subscription per year (70 USD/year), per half-year (42 USD/half-year) or per month (8 USD/month). You can change your billing cycle at any moment.
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ENJOY WINNERCAM AND IMPROVE YOUR PERFORMANCE
Use WinnerCam to record, analyze and store your sport videos and improve your technical skills.

Terms and conditions for WinnerCam

The service “WinnerCam” is offered over the internet by the company WinnerCam B.V.. The use of WinnerCam is subject to the below terms and conditions. Using WinnerCam constitutes acceptance of these terms and conditions. Deviations from these terms and conditions is possible only by means of written confirmation by WinnerCam B.V.

Article 1. Use of the service

1.1. The service WinnerCam allows you to upload, play and analyze videos, place comment and connect with other users.
1.2. To use WinnerCam, you first need to register. After completing registration, you can directly log into your account and use the service. Accounts are for individuals only and sharing accounts with multiple people, including people at the same club or company is strictly forbidden and will result in losing the account without refund.
1.3. You must secure access to your account using the username and password against third parties. In particular you must keep the password strictly confidential. WinnerCam B.V. may assume that all actions undertaken from your account after logging in with your username and password is authorized and supervised by you. This means you are liable for these actions, unless and until you have notified WinnerCam B.V. that someone else knows your password.
1.4. WinnerCam processes your personal data. You give your consent for all forms of processing within the scope of the service. Consult the privacy statement of WinnerCam B.V. for more information.

Article 2. Terms of use

2.1. It it is not permitted to use WinnerCam for any purpose that violates Dutch or other applicable law or regulation. This includes (among others) the storage or transmission of data using the service that is slanderous, libelous or racist
2.2. In addition, on WinnerCam it is forbidden to:

  • use indecent language;
  • publish information where it is unwanted (offtopic);
  • publish information that is pornographic or erotic (even if legal under applicable law);
  • publish information in violation of copyright or hyperlinks to such information;
  • assist others in violating third-party rights, for example by linking to hacking tools or tutorials for committing computer crime that are clearly written to carry out criminal acts (and not to defend against them);
  • violate the privacy of third party, for example by distributing their personal data without permission or clear need or the repeated harassment of third parties with unwanted communications;
  • exercise commercial activities;
  • and to do anything that violates applicable netiquette.

2.3. Should WinnerCam B.V. discover that you violate any of the above, or receive a complaint alleging the same, then WinnerCam B.V. may intervene to end the violation.
2.4. If in the opinion of WinnerCam B.V. the continued functioning of the computer systems or network of WinnerCam B.V. or third parties is actually or under threat of being damaged or jeopardized, for example through excessive transmission of e-mail or other data, leaks of personal data or virus activity, WinnerCam B.V. may take all steps it deems reasonably necessary to end or avert such damage or jeopardy. WinnerCam B.V. in particular is entitled to change your contributions at its own discretion.
2.5. WinnerCam B.V. is at all times entitled to file a criminal complaint for any offenses committed through or using the service. In addition WinnerCam B.V. is entitled to supply your name, address, IP-address and other identifying data to a third party alleging that you violate its rights or these terms and conditions, provided the validity of the complaint is clear, no other way of obtaining this information exists and the third party has an evident interest in obtaining this information.
2.6. WinnerCam B.V. may recoup from you all damages it suffers as a result of your violation of these terms of use. You agree and hold harmless WinnerCam B.V. from all third-party claims arising out of your violation of these terms of use.

Article 3. Availability and maintenance

3.1. WinnerCam B.V. makes no promises regarding availability of the service.
3.2. WinnerCam B.V. actively maintains WinnerCam. Maintenance can take place at any time, even if this may negatively impact the availability of the service. Maintenance is announced in advance whenever possible.
3.3. WinnerCam B.V. may from time to time adapt WinnerCam. Your feedback and suggestions are welcome but ultimately WinnerCam B.V. decides which adaptations to carry out (or not).

Article 4. Intellectual property

4.1. The service WinnerCam, the accompanying software as well as all information and images on the website is the intellectual property of WinnerCam B.V.. None of these items may be copied or used without prior written permission of WinnerCam B.V., except and to the extent permitted by mandatory law.
4.2. Information you store or process using the service is and remains your property (or the property of your suppliers or licensors). WinnerCam B.V. receives an unlimited license for use of this information, including the right to sell (sublicense) the information to third parties and the right to use this information for other services of WinnerCam B.V..
4.3. The license of the previous clause is perpetual and irrevocable. The license remains in force after termination of the agreement. In exceptional circumstances where a serious reason calls for it, WinnerCam B.V. may decide to adapt or remove the information.
4.4. After creation it is not possible to remove or change information.
4.5. If you send information to WinnerCam B.V., for example a bug report or suggestion for improvement, you grant WinnerCam B.V. a perpetual and unlimited license to use this information for the service. This does not apply to information you expressly mark as confidential.
4.6. WinnerCam B.V. shall refrain from accessing data you store or transfer using WinnerCam, unless this is necessary for a good provision of the service or WinnerCam B.V. is forced to do so by law or order of competent authority. In these cases WinnerCam B.V. shall use its best efforts to limit access to the information as much as possible.
4.7. In case WinnerCam B.V. discovers your contributions have been copied by third parties in combination with contributions of others, then WinnerCam B.V. is authorized to take legal action against such copying under its own or your name. All costs must be borne by WinnerCam B.V. but you must offer your cooperation if necessary. This clause does not forbid you from publishing your contributions elsewhere but is aimed at allowing WinnerCam B.V. to act against copying of (substantially) all contributions to WinnerCam.

Article 5. Compensation for the service

5.1. The use of certain functions of WinnerCam is subject to fees. The functions in question will inform you of the fees. The fee is due every year and must be paid in advance.
5.2. Payment is possible through direct debit order, by creditcard, or as explained further on the website.
5.3. Because the service is started directly at your express request, a payment cannot be refunded under the Distance Selling Act.
5.4. The extent of your usage of WinnerCam is dependent on your subscription plan. You shall not exceed the usage limits associated with your account. Unused amounts of your monthly video credits will not be carried over from one monthly period to the next. If you exceed your monthly video credit limit, no more videos can be recorded within the current monthly term.
5.5. In case the data transfer of your videos to and from the video storage servers exceeds 12 Gigabyte per month, WinnerCam B.V. is entitled to charge you the data transfer above 12 Gigabyte at a rate of 0.25 EURO per Gigabyte in addition to the regular subscription costs. The data transfer of your videos to connected coach accounts is added to the total data transfer done from your account.

Article 6. Limitation of liability

6.1. Except in case of intentional misconduct or gross negligence the liability of WinnerCam B.V. shall be limited to the amount paid by you in the three months prior to the moment the cause of the damage occurred.
6.2. WinnerCam B.V. in no event is liable for indirect damages, consequential damages, lost profits, missed savings or damages through business interruption.
6.3. Damages may only be claimed if reported in writing to WinnerCam B.V. at most two months after discovery.
6.4. In case of force majeure WinnerCam B.V. is never required to compensate damages suffered by you. Force majeure includes among others disruptions or unavailability of the internet, telecommunication infrastructure, power interruptions, riots, traffic jams, strikes, company disruptions, interruptions in supply, fires and floods.

Article 7. Term and termination

7.1. This agreement enters into force as soon as you first use the service and then remains in force until terminated.
7.2. When you cancel your subscription, your payment is non-refundable and your service will continue until the end of your contracted term.
7.3. WinnerCam B.V. is entitled to terminate the agreement if you have not used the service at all in the last 18 months. In such an event WinnerCam B.V. shall first send a reminder mail to the e-mail address connected to your account.

Article 8. Changes to terms

8.1. WinnerCam B.V. may change or add to these terms and conditions as well as any prices at any time.
8.2. WinnerCam B.V. shall announce through the service changes or additions at least thirty days before their taking effect.
8.3. If you do not want to accept a change or addition, you can terminate the agreement until the date the changes take effect. Use of WinnerCam after the date of effect shall constitute your acceptance of the changed or added-to terms and conditions.

Article 9. Miscellaneous provisions

9.1. Dutch law applies to this agreement.
9.2. Except to the extent determined otherwise by mandatory applicable law all disputes arising in connection with WinnerCam shall be brought before the competent Dutch court for the principal place of business of WinnerCam B.V..
9.3. For any clause in these terms and conditions that demand that a statement must be done “in writing” to be legally valid, a statement by e-mail or communication through the WinnerCam service shall be sufficient provided with sufficient certainty the authenticity of the sender can be established and the integrity of the statement has not been compromised.
9.4. The version of any communication of information as recorded by WinnerCam B.V. shall be deemed to be authentic, unless you supply proof to the contrary.
9.5. In case any part of these terms and conditions are declared legally invalid, this shall not affect the validity of the whole of the agreement. The parties shall in such an event agree on one or more replacement provisions that approximate the original intent of the invalid provision(s) within the limits of the law.
9.6. WinnerCam B.V. is entitled to transfer its rights and obligations under this agreement to a third party as part of an acquisition of WinnerCam or the associated business activities.

Privacy Statement of WinnerCam

Through its service, WinnerCam will process privacy sensitive or personal data. WinnerCam B.V. values the privacy of its customers and observes due care in processing and protecting personal data.

During the processing we conform to the requirements of the applicable data protection legislation. This means we:

  • clearly specify our purposes before we process personal data, by using this Privacy Statement;
  • limit our collection of personal data to only the personal data needed for legitimate purposes;
  • first ask for explicit permission to process your personal data in cases where your permission is required;
  • take appropriate security measures to protect your personal data and we demand the same from parties who process personal data on our behalf;
  • respect your right to inspect, correct or delete your personal data held by us.

WinnerCam B.V. is the party responsible for all data processing. In this privacy statement, we will explain which personal data we collect and for which purposes. We recommend that you read it carefully.

This privacy statement was last amended on 24-09-2018.

Use of Personal Data

By using our service, you are providing certain data to us. This could be personal data. We only retain and use the personal data provided directly by you or for which it is clear that it has been supplied to us to be processed.

We use the following data for the purposes as mentioned in this Privacy Statement:

  • Name and address
  • Telephone number
  • Billing address
  • Email address
  • Payment details
  • Gender
  • Nickname
  • Picture
  • Date of birth
  • IP address

Registration

Certain features of our service require you to register beforehand. After your registration, we will retain your user name and the personal data you provided. We will retain this data so that you do not have to re-enter it every time you visit our website, and in order to contact you in connection with the execution of the agreement, invoicing and payment, and to provide an overview of the products and services you have purchased from us.
We will not provide the data linked to your user name to third parties, unless it is necessary for the execution of the agreement you concluded with us or if this is required by law. In the event of suspicion of fraud or misuse of our website, we may hand over personal data to the entitled authorities.

Access to portal

Within our portal, you can access a management environment where you can set, specify and change settings.

Handling your order

We will use your personal data when handling your order. If necessary for proper handling, we can provide your data to third parties. We will explain this in detail later.

Subscription

Via WinnerCam you can take out a paid subscription.

Promotion

Other than the advertisements on the website, we can inform you about new products or services:

  • by e-mail

Contact Form and Newsletter

We have a newsletter to inform those interested of our products and/or services. Each newsletter contains a link with which to unsubscribe from our newsletter. Your email address will be added to the list of subscribers automatically.

If you fill out a contact form on the website or send us an email, the data you provide will be retained for as long as is necessary depending on the nature of the form or the content of your email, to fully answer and correctly handle your message or email.

Location data

If necessary, we may collect your location data (GPS). If that is the case, you will be asked to grant consent beforehand.

This location data and other data can also be stored and processed by the provider of the navigation/mapping software, such as Google Maps, but the data could also be used by, for example, Google or Apple itself. We have no control over their actions. We recommend that you read the applicable privacy statement of the provider in question.

Publication

When using our service, the following data might be published so as to be visible to everyone on the Internet:

  • your name- your address
  • your telephone number
  • your email address
  • your gender
  • your date of birth
  • your profile photo
  • information provided by yourself

You are obligated to provide this data truthfully.

Advertisements

Our service displays advertisements, for which we keep personal data to personalise these.

Providing Data to Third Parties

We may provide your data to our partners. These partners are involved in the execution of the agreement. These partners may be based outside the EU. However, they make use of the European model clauses. Our website features social media buttons. These buttons are used by the providers of these services to collect your personal data.

Google Analytics

We use Google Analytics to track visitors on our website and to get reports about how visitors use the website. We accepted the data processing agreement from Google. We do allow Google to use information obtained by Analytics for other Google services, and we don’t anonymize the IP-adresses.

Security

We take security measures to reduce misuse of and unauthorised access to personal data.

Third-party Websites

This statement is not applicable to third-party websites connected to this website through links. We cannot guarantee that these third parties will handle your personal data in a secure and careful manner. We recommend you read these websites’ privacy statements before making use of these websites.

Changes to this Privacy Statement

We reserve the right to modify this statement. We recommend that you consult this statement on a regular basis, so that you remain informed of any changes.

Inspection and Modification of your Data

You can always contact us if you have any questions regarding our privacy policy or wish to review, modify or delete your personal data.

Contact information

WinnerCam B.V.
Moorsel 3
5715 PX Lierop
info@winnercam.com