PRIVACY POLICY

 

1. PURPOSE:

 

Pursuant to the legislation currently in force on the matter, which is included in the Data Protection Act 15/1999 of 13th December and the Information Society Services and Electronic Commerce Act 34/2002, of 11th July, FROM THE BENCH, S.L. (hereinafter, FROM THE BENCH), with tax ID no. B54318514, registered in the Trade Registry under volume 3279, book 0, page 173, sheet A111767, entry no. 1, and with registered address at Plaza Mayor - Elda - SPAIN, owner of the Web Page or mobile application/website AS SITE by informs their Web Site users about their Privacy Policy regarding personal information and data protection.

 

2. OWNERSHIP

 

Accordingly to the data protection legislation, we hereby inform you that the data you have furnished, shall be included in:

(i) a file owned by FROM THE BENCH, with registered office in Plaza Mayor, Elda, (Spain), and (ii) in another file owned by the NFL Properties LLC, with registered office in at 345 Park Avenue, New York, New York 10154 (hereinafter, NFLP), becoming both entities Data Controllers of the data each entity creates with the collection of your personal data.

As it relates to each party’s processing of data, FROM THE BENCH and NFLP each assume all responsibility regarding such party’s correct processing and guarantee that all steps have been taken to ensure data confidentiality and integrity, both in respect of the technical and organizational aspects, as set out in the guidelines included in the Data Protection Act 15/1999 of 13th December and its corresponding implementing Regulations approved by Royal Decree 1720/2007 passed on 21st December (hereinafter Spanish Data Protection Regulations). The users agree in accordance with this Privacy Policy, with the processing and communication of their personal data as follows.

 

3. USE, PURPOSE, MARKETING AND ACCEPTANCE BY USER

 

The Site's purpose is other than collecting personal data. Access and use of the Web/Application does not imply the communication of personal data. However, any users who wish to participate in the game must fill out an online electronic form or questionnaire that can be found in the Web Site.

The completion of questionnaires and communication of data implies voluntary authorization and consent by the user regarding the processing of personal data freely provided by the Web Site user. Therefore, users expressly accept and consent that all details already provided or those that may be provided in future may be subject to processing within a personal data file. The provision of all details required for registration as a user is compulsory where expressly specified. FROM THE BENCH reserves the right to deny registration to users who fail to provide such details.

Compulsory and optional fields, depending on the information held by the user, shall be clearly highlighted within the electronic forms where personal data is collected.

FROM THE BENCH shall process all details provided by users for the following uses and purposes: Registration on the Site as a registered user, Management and Processing of services offered by Site, sending Marketing advertising, newsletters, news and other regular information on the Site to users, Management and supervision of incidents and Reward Management, as well as preparation of statistics.

You agree that in order to provide services to you which you have requested including relevant content and advertising, and to track and award virtual rewards, we may exchange information that we collect from you with third parties who help us perform these tasks and provide these products and services including UDID (unique device identifier), MAC address, OpenUDID, information about your device systems, application software and periphials, and the country setting on the device.

 

4. DATA PRESERVATION

 

In accordance to data quality principles FROM THE BENCH, shall only preserve the details provided by users for the period required to carry out the purposes established under clause 3.1 of this Privacy Policy and all those relevant in compliance with Spanish Data Protection Regulations. All details will be destroyed after the completion of the above mentioned purposes using a method that shall guarantee the security and confidentiality of all personal details processed.

 

5. SHARING AND ACCESS TO DETAILS

 

FROM THE BENCH would like to inform users that personal data provided by them shall under no circumstances be transferred or communicated to any third parties, except in order to improve service standards, other circumstances that FROM THE BENCH may deem appropriate and to proceed to deliver the rewards (if applicable) at the end of the championship. In the last case, personal details of winners will be passed on to the courier company in order to be delivered without delay. Users hereby expressly and unequivocally authorise FROM THE BENCH to transfer the data subject to processing for these purposes. FROM THE BENCH, on the other hand, undertakes to request users expressly and in written for any new authorisation in case it was required to transfer their details for other purposes not included in this clause.

 

6. RIGHTS OF ACCESS, CORRECTION, OPPOSITION AND CANCELLATION

 

Under Spanish Data Protection Law, the acceptance of users regarding the processing of their personal details is always revocable. Therefore:

  1. In relation to the file owned by FROM THE BENCH users may exercise at any time their right of access, correction, cancellation and opposition within the terms set out by Spanish Law, by sending a written and reliable communication by registered post to the following address: Plaza Mayor 9, 03600 - Elda (Alicante) - SPAIN, or by any other reliable means through which proof of submission can be obtained. The above communication must include the user's identification details, such as a photocopy of the user's ID card, postal address, telephone, contact name, email address and a brief note explaining the reasons behind the exercise of their rights, and in relation to
  2. the file owned by NFLP, users may exercise at any time their rights of access, correction, cancellation and opposition under the terms set out by Spanish Law by contacting us at the following email address: support@fromthebench.zendesk.com

 

7. SECURITY AND CONFIDENTIALITY MEASURES

 

FROM THE BENCH and NFLP guarantee full compliance with the provisions contained in Spanish Data Protection Regulations Furthermore, it guarantees due compliance with the provisions set out in Act 34/2002 of 11th July on Information Society Service and Electronic Commerce in regards to user information and unsolicited marketing communications otherwise known as spam.

FROM THE BENCH and NFLP also guarantee full confidentiality on all communications submitted to users, as well as the correct and diligent processing of personal details provided by the user.

FROM THE BENCH and NFLP undertake to avoid disclosing any confidential information or inform regarding any details subject to processing, except where expressly required by law or by the relevant public authorities in conformity with any legal provisions and regulations that may apply.

 

 8. USER`S OBLIGATIONS

 

Users are responsible at all times as regards to the veracity of the details provided. FROM THE BENCH, reserves the right to exclude any users from their registered services if found to have provided false, vague or incorrect details, in addition to any other legal actions that may apply. Except where legally entitled, users may not use another individual's identity, and may only provide personal details corresponding to their own identity.

 

9. CONSENT

 

Registration as a user implies acknowledgement and acceptance of the terms and conditions set out in this Privacy Policy . Users hereby agree expressly, freely and voluntarily to consent to the automatic processing of their personal details as well as to include them in the personal data files owned by FROM THE BENCH and NFLP in accordance with these clauses. Users also consent to receive any marketing communications sent by FROM THE BENCH and by NFLP to its registered users.

 

10. MARKETING COMMUNICATIONS

 

(i)Notwithstanding the foregoing paragraph, and in conformity with Spanish Act 34/2002 of 11th July on Information Society and Electronic Mail Services concerning the submission of emails or equivalent type of electronic communications containing commercial information about new services offered by the Site and/or products and services by other company's in the group, users are required to provide express authorization. Therefore, any users who do not wish to receive such commercial and advertising information must expressly specify their preference in this clause.

 

(ii) Furthermore users, providing their mail address, expressly consent to receive emails containing commercial and advertising informations from NFLP.

 

 11. COOKIES

 

Cookies are data stored in the computer's hard disk that enable a faster and optimized performance by the server and the service.

 

FROM THE BENCH informs that they currently do not use cookies in their Web Site.

 

12. UPDATES AND MODIFICATIONS ON THE PRIVACY POLICY

 

FROM THE BENCH reserves the right to modify the terms and conditions set out in this Privacy Policy at any time, provided that they comply with Spanish Data Protection Law currently in force, and undertakes to inform all users in written and in a reliable way, either by publication in the Web Site or by sending an email or via any other communication means that they may consider appropriate regarding their increase, modification or extension.

 

 13. CONTROVERSY RESOLUTION

 

The parties expressly renounce to any jurisdiction that may apply to them and agree to submit themselves to the Courts of Madrid to resolve any dispute that may arise from any controversy regarding the interpretation or compliance with this Privacy Policy, which shall be governed by the Spanish legislation.

 

14. PRIZE APPLICATION NOTES

 

The company From The Bench, S.L. – incorporated in Alicante with registered address at Plaza Mayor, 9, 03600, Elda (Alicante), with CIF B54318514, on the basis of a preset reward system, will give away the prizes stated in the game to any user previously registered in the game and fulfill all of the these conditions.

From The Bench reserves the right to substitute, at any time, a signed prize for a non-signed prize.

The game will send a notification inside the game itself to the winner requesting his personal information, always when this information is necessary, to be able to send the corresponding material prize.

If, after a period of 10 days, this user does not reply to the notification with his information, the prize will not be delivered and no claims will be accepted.

We inform all users that, due to bureaucracies and logistic reasons, prizes may take a several months to be delivered and they can even be delivered during the following season.

The products will be chosen by From The Bench, S.L., according to its stock and availability. No user can choose the size, position, name of the player(s) who sign(s) the prize, or any other detail, at any time.

If users are not previously informed about the material prize, then they will receive the prize of “Coins", according the amount specified in each one of them, which can be used within the game.

The different packs can be modified freely by From The Bench, S.L. unilaterally and without prior notice.

The NFLP is responsible for sending the prize to user.

In the exceptional event that From The Bench handles the delivery of the reward, From The Bench will only be responsible for the cost of the transportation. If, once the package has arrived into the country of destination, the delivery requires any mandatory taxes or tariffs, From The Bench is NOT responsible for such payment, the decision of whether or not such payment would be made is that of the receiver. If the receiver chooses not to accept the payment, the shipment will be returned to its original location and From The Bench will not ship the package again. The winner will be able to contact a messenger him or herself to collect the package in the From The Bench office. From The Bench is not responsible for that cost.

 

 

14.1 OTHER REGULATIONS

 

To take part in this promotion the user must be more than 18 years of age.

If no user of the Special League fulfills the requirements to receive the promotional reward, this prize shall be declared void.

It is expressly forbidden to register new accounts with the sole purpose of giving benefits to accounts previously created, regardless of the platform.

Users who breach this condition may find themselves subject to the following:

On the first occasion of a breach, the users’ budget (both inside and outside the bank) will be removed.

On the second occasion, the user's account will be deleted and all game records will be removed.

The administrator advises and the user accepts, the continuous change of the game rules (Bases) throughout the game. The user also accepts the update of the rules at any time after the publication of the new feature, error detection or for any other reason that the company deems necessary in technical, business, and organizational terms.

In case of any controversial situations that may not be expressly regulated in the terms and conditions, these shall be resolved by the GAME MODERATOR on the basis of "fairness" All resolutions adopted, where suitable for general application, will automatically become a mandatory rule for all users.

Users that make any fraudulent and/or irregular use of the application and its features will be penalized by the game moderator, being able to even eliminate the game account. All users that take advantage of any vulnerability, even if it's only for a short amount of time, will be rectified or penalized by the game moderator on the basis of "fairness"

The user, after accepting his participation, accepts these rules, as well as the positions indicated in the different competitions at all times.

In case of any doubts regarding the operation of the game, users can contact the Support Service within the game to obtain clarification and assistance.

 

PRIZE CONDITIONS - PLAYOFFS

 

FROM THE BENCH, on the basis of a preset reward system, will give away the prizes stated in the game regarding the special tournament "PLAYOFFS". The material prizes will be given away depending on the users` position (ranking) in the tournament.

 

The system will send a notification to the winner asking for his/her personal information for the delivery of the corresponding prize. If, after a period of 10 days, the user does not reply to the request, the prize will not be delivered and no complaints will be accepted. To take part in this promotion the user must be more than 18 years of age.

If no user fulfills the requirements to receive the promotional reward, the prize shall be declared void.

If the prize cannot be delivered due to stock or any other reasons, FROM THE BENCH will select and give away a prize of equal value.

 

15. Terms of use. LICENSED APPLICATION END USER LICENSE AGREEMENT

Apps made available through the App Store are licensed, not sold, to you. Your license to each App is subject to your prior acceptance of either this Licensed Application End User License Agreement (“Standard EULA”), or a custom end user license agreement between you and the Application Provider (“Custom EULA”), if one is provided. Your license to any Apple App under this Standard EULA or Custom EULA is granted by Apple, and your license to any Third Party App under this Standard EULA or Custom EULA is granted by the Application Provider of that Third Party App. Any App that is subject to this Standard EULA is referred to herein as the “Licensed Application.” The Application Provider or Apple as applicable (“Licensor”) reserves all rights in and to the Licensed Application not expressly granted to you under this Standard EULA.

 

a. Scope of License: Licensor grants to you a nontransferable license to use the Licensed Application on any Apple-branded products that you own or control and as permitted by the Usage Rules. The terms of this Standard EULA will govern any content, materials, or services accessible from or purchased within the Licensed Application as well as upgrades provided by Licensor that replace or supplement the original Licensed Application, unless such upgrade is accompanied by a Custom EULA. Except as provided in the Usage Rules, you may not distribute or make the Licensed Application available over a network where it could be used by multiple devices at the same time. You may not transfer, redistribute or sublicense the Licensed Application and, if you sell your Apple Device to a third party, you must remove the Licensed Application from the Apple Device before doing so. You may not copy (except as permitted by this license and the Usage Rules), reverse-engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of the Licensed Application, any updates, or any part thereof (except as and only to the extent that any foregoing restriction is prohibited by applicable law or to the extent as may be permitted by the licensing terms governing use of any open-sourced components included with the Licensed Application).

b. Consent to Use of Data: You agree that Licensor may collect and use technical data and related information—including but not limited to technical information about your device, system and application software, and peripherals—that is gathered periodically to facilitate the provision of software updates, product support, and other services to you (if any) related to the Licensed Application. Licensor may use this information, as long as it is in a form that does not personally identify you, to improve its products or to provide services or technologies to you.

c. Termination. This Standard EULA is effective until terminated by you or Licensor. Your rights under this Standard EULA will terminate automatically if you fail to comply with any of its terms.

d. External Services. The Licensed Application may enable access to Licensor’s and/or third-party services and websites (collectively and individually, "External Services"). You agree to use the External Services at your sole risk. Licensor is not responsible for examining or evaluating the content or accuracy of any third-party External Services, and shall not be liable for any such third-party External Services. Data displayed by any Licensed Application or External Service, including but not limited to financial, medical and location information, is for general informational purposes only and is not guaranteed by Licensor or its agents. You will not use the External Services in any manner that is inconsistent with the terms of this Standard EULA or that infringes the intellectual property rights of Licensor or any third party. You agree not to use the External Services to harass, abuse, stalk, threaten or defame any person or entity, and that Licensor is not responsible for any such use. External Services may not be available in all languages or in your Home Country, and may not be appropriate or available for use in any particular location. To the extent you choose to use such External Services, you are solely responsible for compliance with any applicable laws. Licensor reserves the right to change, suspend, remove, disable or impose access restrictions or limits on any External Services at any time without notice or liability to you.

e. NO WARRANTY: YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE LICENSED APPLICATION IS AT YOUR SOLE RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE LICENSED APPLICATION AND ANY SERVICES PERFORMED OR PROVIDED BY THE LICENSED APPLICATION ARE PROVIDED "AS IS" AND “AS AVAILABLE,” WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND LICENSOR HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE LICENSED APPLICATION AND ANY SERVICES, EITHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY, OF QUIET ENJOYMENT, AND OF NONINFRINGEMENT OF THIRD-PARTY RIGHTS. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY LICENSOR OR ITS AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY. SHOULD THE LICENSED APPLICATION OR SERVICES PROVE DEFECTIVE, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO THE ABOVE EXCLUSION AND LIMITATIONS MAY NOT APPLY TO YOU.

f. Limitation of Liability. TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT SHALL LICENSOR BE LIABLE FOR PERSONAL INJURY OR ANY INCIDENTAL, SPECIAL, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION, OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OF OR INABILITY TO USE THE LICENSED APPLICATION, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT, OR OTHERWISE) AND EVEN IF LICENSOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY FOR PERSONAL INJURY, OR OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION MAY NOT APPLY TO YOU. In no event shall Licensor’s total liability to you for all damages (other than as may be required by applicable law in cases involving personal injury) exceed the amount of fifty dollars ($50.00). The foregoing limitations will apply even if the above stated remedy fails of its essential purpose.

g. You may not use or otherwise export or re-export the Licensed Application except as authorized by United States law and the laws of the jurisdiction in which the Licensed Application was obtained. In particular, but without limitation, the Licensed Application may not be exported or re-exported (a) into any U.S.-embargoed countries or (b) to anyone on the U.S. Treasury Department's Specially Designated Nationals List or the U.S. Department of Commerce Denied Persons List or Entity List. By using the Licensed Application, you represent and warrant that you are not located in any such country or on any such list. You also agree that you will not use these products for any purposes prohibited by United States law, including, without limitation, the development, design, manufacture, or production of nuclear, missile, or chemical or biological weapons.

h. The Licensed Application and related documentation are "Commercial Items", as that term is defined at 48 C.F.R. §2.101, consisting of "Commercial Computer Software" and "Commercial Computer Software Documentation", as such terms are used in 48 C.F.R. §12.212 or 48 C.F.R. §227.7202, as applicable. Consistent with 48 C.F.R. §12.212 or 48 C.F.R. §227.7202-1 through 227.7202-4, as applicable, the Commercial Computer Software and Commercial Computer Software Documentation are being licensed to U.S. Government end users (a) only as Commercial Items and (b) with only those rights as are granted to all other end users pursuant to the terms and conditions herein. Unpublished-rights reserved under the copyright laws of the United States.

i. Except to the extent expressly provided in the following paragraph, this Agreement and the relationship between you and Apple shall be governed by the laws of the State of California, excluding its conflicts of law provisions. You and Apple agree to submit to the personal and exclusive jurisdiction of the courts located within the county of Santa Clara, California, to resolve any dispute or claim arising from this Agreement. If (a) you are not a U.S. citizen; (b) you do not reside in the U.S.; (c) you are not accessing the Service from the U.S.; and (d) you are a citizen of one of the countries identified below, you hereby agree that any dispute or claim arising from this Agreement shall be governed by the applicable law set forth below, without regard to any conflict of law provisions, and you hereby irrevocably submit to the non-exclusive jurisdiction of the courts located in the state, province or country identified below whose law governs:

 

If you are a citizen of any European Union country or Switzerland, Norway or Iceland, the governing law and forum shall be the laws and courts of your usual place of residence.

Specifically excluded from application to this Agreement is that law known as the United Nations Convention on the International Sale of Goods.

 

16. SUBSCRIPTION PRICING

Get 130 coins and 1,500,000 cash right away just for subscribing. You will also get 12 coins and 160,000 cash each day and 10% more unites of power ups in tournaments.

 

- VIP SUSCRIPTION: 1 month recurring subscription for $ 9.49 (USD).

The prices is for customers in the United States. Pricing in other countries may vary and charges will be converted to the local currency depending on the country of residence.

Payment will be charged to your account after confirmation of purchase.

The suscription is renewed unless your turn it off 24 hours before the end of the current period.

Users can manage their suscription and auto-renewal by checking the user's account settings after the purchase in the App Store.

No cancellation of the current subscription is allowed during the active subscritpion period.

More info: https://support.apple.com/HT207865