PRIVACY POLICY AND TERMS AND CONDITIONS

Manifesto

Our manifesto - what we believe in - directly influences our Privacy Policy (Click here to go straight to the Privacy Policy).

We created Pundit Club to solve some of the niggling problems that we, in common with most sports fans, have experienced on mobile.

We like to chat with friends.  We love to chat about sport, especially football. We are always checking scores, upcoming fixtures, tables, and news,  We often like to make predictions about match results, play fun games and issue challenges to our friends.  And we love a laugh.

What we don’t like is having to jump between multiple apps to do it.  And we definitely don’t like the way that ads often get in the way of our conversations and game playing. Don’t get us wrong - we like great brands and their products, but we don’t want to be interrupted by banner ads.

So we set out to find an app that addressed these likes and dislikes. Did we find one?  No. Não. Nein.  So we decided to build it, and Pundit Club was born. We hope you like it. 

We need to be open and transparent about what information and data we will collect, and what we will share and not share.  So here’s all the legal stuff that underpins this aspect of Pundit Club.

Privacy Policy

1. Who we are

Pundit Club Limited of 134 Weir Road, London SW12 0ND is the Data Controller of any personally identifiable data and information arising from your use of our app.  

2. What information do we collect about you?

Registration information: the basics.  We ask you for your phone number, a username, your email address, your year of birth, the club you support, your nationality, the country you support and a profile image.   

Usage information: we will collect information on the features you use in the app. This could include how you communicate with other Pundits, their names, the time and date of messages; the number of messages exchanged, which friends send the most messages, the games you play and the predictions you make, the challenges you send, and respond to, share or like, the points you have accumulated and your prediction accuracy percentage, your standing vs your friends and vs others, the photos and videos you take or upload; and which leagues or teams you follow.

Content information: we also collect information about the content you provide to us, such as whether your friend has viewed the content you created or has responded to a challenge you set, and the metadata that is provided with the chat.

Device information: we also collect information about the device used by you to access the app; the hardware model, operating system, advertising identifier, unique application identifiers, unique device identifiers, language, wireless network, and mobile network information (including the mobile phone number).

Device phone book information: because Pundit Club is all about communicating with friends, we will - with your consent - collect information about your contacts from your device’s phone book.

Camera and photo information: sending photos and videos are core to messaging, and that requires that we collect images and other information from your device. We’ll do so only after you give us your consent.

Location Information: we may collect information about your location, but only with your consent.

Information collected by cookies and other technologies: we may use cookies, unique advertising identifiers, and technology like web beacons and web storage for the purpose of gathering information about your activity, browser, and device. We may also use such technologies to collect information when you interact with services we offer through third party brand partners.

From other users: we might also collect information about you that other users provide when they use our app and services.  If another user permits us to collect information from their phone book, and you’re in that user’s contacts, we could combine the information we collect from that user’s phone book with other information we have collected about you. 

Children: Pundit Club's services are not intended for use by anyone under 13.  Accordingly, we do not knowingly collect personal information from anyone under 13.

3. How is your information is used

Everything we do is based on building the best possible friend-to-friend, fan-to-fan and fan-to-club sports experience. We monitor our users’ information to help us to analyze usage patterns. This helps us develop the best possible app. The information and data we collect will tell us what you like and don’t like. In some instances, we might communicate with you through the app to help personalize your service experience by customizing the content or games we show you.

We may share the following information about you with your other Pundit friends: your name and username; information about how you interacted with the services, such as your Pundit Club accuracy scores; where you rank vs. your friends, your age range and according to team preference; and we may share the names of Pundits you are friends with, and other information that will help Pundits understand your connections with others using the services and additional information you have consented for us to share. 

Content you post or send will be shared with other Pundit friends; how widely your content is shared depends on who you invite into chats and the type of features you use. For example, a prediction may be sent to just a single friend you select, but you may also make a prediction to multiple users.  

We might share your information with service providers that deliver services on our behalf, vendors that offer goods through our services, and partners that provide services and other functionality.

Pundit Club aims to offer amazing value-added experiences.  Some of our features may contain third-party links and integrations, or that which is provided jointly with or by another company.  By accessing those links, using the third-party integration, or using a third-party or co-branded service, you could be providing (personal) information directly to the third party, us, or both.  Pundit Club is not responsible for how any third party collects or uses your information. We always encourage our users to read the privacy policies of every third-party site or service visited or used, including those third parties you interact with through our services.

In some instances, we let other companies use cookies, web beacons, or similar tracking technologies on our services. Such companies may collect information about how you use our Services and other websites and online services over time and across different services. This information, could be used to, among other things, analyze and track data, determine the popularity of certain features, games and content, serve you advertising and to better understand your use of our services so we can improve our offerings. 

We may also share information about you with third parties if we reasonably believe that disclosing the information is needed to: comply with any valid legal process, governmental request, or relevant law, rule, or regulation; investigate, remedy, or enforce potential violations of our Terms and Conditions; protect the rights, property, and safety of us and our users, or others; detect and resolve any fraud or security concerns; or as part of a merger or acquisition of Pundit Club.

4. General

The highest standards in the safety and security of our products and services is of paramount importance to us. To aid this effort we need to verify all users’ identities to prevent fraud or other illegal activity. 

We may sometimes store information locally on your device, such as a local cache, so that you can open the app and view score and game information faster.

Please understand that any user who sees any chat in which you participate can save it using screenshots or other image-capturing technology.  As with any digital information, it’s also possible, that someone might be able to access messages forensically or discover them in the device’s temporary storage. 

We may change our privacy policy as required over time. When we do, we’ll inform you by either revising the date at the top of the privacy policy on our website and mobile application, via an additional notification or a statement on the Pundit Club website, or by providing you with an in-app notification.

TERMS AND CONDITIONS

Welcome to the Pundit Club app and www.punditclub.com (“Pundit Club”). You can access our app from the Apple App Store or our website. Use of the app is also subject to Apple’s Terms of Service and Privacy Policy.

The following pages (and the documents referred to in them) explain our Terms and Conditions. Please read these Terms and Conditions carefully.  Using our app indicates your acceptance of our Terms and Conditions and Privacy Policy, and your agreement to adhere to them. If you later change your mind, please stop using the app. 

1. INFORMATION ABOUT PUNDIT CLUB

Our app is owned and operated by Pundit Club Ltd from the garage at our registered address (134 Weir Road, London SW12 OND, United Kingdom) and our company registration number is 09785057..

2. ACCESSING THE APP

We hope we will be around for many years to come. But no one can predict the future - not even Gary Lineker. So on the advice of our lovely lawyers, we have to say that access to our app is offered on a temporary basis only, and that we reserve the right to remove or amend the service we provide through our app without notice.  

If you wish to use Pundit Club, we require you to have registered with us by providing some basic personal information.  Our app is not for under-13s, so children must wait until they are 13 or over to join. 

Although it’s unlikely, some people might try to sell or transfer their accounts to another person, without our prior written approval. This is not acceptable. Don't do it. You'll be red-carded if you do. 

It's up to you to make all the necessary arrangements to access the app. You are also responsible for ensuring that any friends who access our app through your cellular or Wi-Fi connection adhere to our terms and conditions. 

You acknowledge that you may be charged by your network provider for data services while using certain features of our app (including push notifications) or any such third party charges as may arise, such as roaming charges, and you accept responsibility for such charges. If you are not the bill payer for the device being used to access our app you will be assumed to have received permission from the bill payer. You are also responsible for all data usage incurred from you use of the app or by others using your device or account.

We are hard workers, but we can't do everything. So we hired some smart folk to help us with some of the app’s functionality.  Although we’re good judges of character and chose our partners carefully, you should double-check their terms and conditions or privacy policies.  We are not responsible for their T&C’s, privacy policies or performance towards you.  This also applies to Apple’s Terms. 

3. INTELLECTUAL PROPERTY

Pundit Club owns all rights to any intellectual property in the software, data and audio visual content comprised in the app which is not submitted by you (“Our Content”). These are protected by copyright laws and relevant treaties from around the world.  All these rights are reserved.

4. Granting you rights in our Content

Pundit Club grants all users a personal, global, royalty-free rights to use Our Content subject to and in accordance with these Terms. By accessing our and our partners’ services and Our Content you agree not to them other than for your personal, non-commercial use. These rights are not assignable by you, not exclusive to you and non-sublicensable by you.

We prohibit the copying, modification, distribution, selling, or leasing of any part of Our Content, or the reverse engineering or attempted extraction of our software's source code unless applicable laws prohibit these restrictions, or you have our written permission.

You must not use any part of Our Content for any reason other than your own personal and non-commercial use, unless you have obtained a license from us or our licensors in writing, in advance.  If you have any questions, comments or interest about obtaining a license, please contact the gaffer@punditclub.com

5. Granting us rights in your content

Content submitted to the app by you, will be considered non-confidential. So, if you do want to join us and be part of the fun of Pundit Club, you (and here is the unavoidable legal bit) grant us an unrestricted, non-exclusive license to do this, and you waive all moral rights in your content solely in connecting with the use and promotion of the app and our services. You further grant us the right to make your content available to other partners, companies, organizations or individuals with whom we broadcast, syndicate, distribute or publish on, or other media and services for such purposes, subject to these Terms and Conditions.

If you believe that there is content on our app to which you claim certain intellectual property rights and to which you have not granted permission to be used, then you should notify us  accordingly.  Alleged copyright infringement notices should be sent to us by email to gaffer@punditcub.com.

The trademarks, logos, and service marks ( the “Trademarks”) displayed on our app are registered and unregistered Trademarks for which we, our third party partners hold ownership or license to use. Nothing contained on our app should be construed as granting, either expressly or implied by any license or right to use any Trademark displayed on our app without our written permission or the written permission of such third party that may own such Trademarks. Use of our Trademarks displayed on our app, or any other content on our app, except as provided for in our Terms and Conditions, is strictly prohibited.

6. LIABILITY

Our app is fuelled by passion, opinion, and predictions. Our content is not intended to amount to advice on which reliance should be placed. It may be common sense, but no representation or warranty is made by us in respect of user-submitted content. Neither do we endorse, support, represent or guarantee the completeness, truthfulness, accuracy, or reliability of any user-submitted or created content or any communications created and posted via our app; nor can we endorse any opinions expressed via our app. You must only submit content to the app which you are entitled to do (play nicely, now!). 

Pundit Club provides the app “as is” and “as available” without any promises or representations, expressed or implied. To the fullest extent under applicable law, we hereby exclude all promises, whether express or implied, including any promises that the application is fit for purpose, of satisfactory quality, non-infringing, is free of defects, is able to operate on an uninterrupted basis, that the use of the application by user is in compliance with laws or that user information transmitted in connection with the application will be successfully, accurately or securely transmitted. 

To the fullest extent under applicable law, in no event shall we be liable to a user of our app and services for any direct, indirect, special or consequential damages, including, without limitation, damages for loss of goodwill, lost profits, or loss, theft or corruption of user information, the inability to use the app or device failure or malfunction. We shall not be liable even if we have been advised of the possibility of such damages, including without limitation damages caused by error, omission, interruption, defect, failure of performance, unauthorised use, delay in operation or transmission, line failure, computer virus, worm, trojan horse or other harm.
Our Content is provided without any guarantees, conditions or warranties as to its authenticity, accuracy or reliability. 

The above statements do not affect our liability for death or personal injury arising from our negligence, nor our liability for fraudulent misrepresentation nor any other liability which cannot be excluded or limited under applicable law.

As core to our chat product, we provide the ability via a feature that allows you to upload content (including but not limited to, images, text, graphics, audio, and videos) which adds to the dynamism of our app, and could form the basis of a contact with other users of our app. If you make use of these features, then you must comply with the content standards set out in our Acceptable Use Policy. You warrant that if any contribution or content does comply with those standards, you agree to indemnify (fully compensate) us for any breach of that warranty.  Any material you upload to our app must be owned by you.

We have the right to remove any content or a post you make on our app at any time for any reason.

You acknowledge that Pundit Club has no control over, and no duty to take any action regards which users access the App. This also applies to the use the app, the effects the content may have on you, how you could interpret or use the content; or any action you could take resulting from being exposed to the content of Pundit Club. The app may contain, or direct you to sites containing, information that some people could find offensive or inappropriate. 

7. ACCEPTABLE USAGE POLICY

The following provisions set out Pundit Club’s acceptable usage policy that users must comply with while using our app:

You agree that you will not use the app in any way that:

  • is defamatory of any other person;
  • is obscene or offensive;
  • promotes discrimination based on race, sex, religion, nationality, disability, sexual orientation or age;
  • infringes any copyright, database right or trade mark of any other person;
  • is likely to harass, upset, embarrass, alarm or annoy any other person;
  • is likely to disrupt our service in any way; or
  • advocates, promotes or assists any unlawful act such as (by way of example only) copyright infringement or computer misuse.

You also agree not to:

  • misuse Pundit Club by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorized access to our app, the server on which our app is stored or any server, computer or database connected to our app. You must not attack our app via a denial-of-service attack or a distributed denial-of-service attack;
  • transmit, or procure the sending of, any unsolicited or unauthorized promotional or advertising material or any other form solicitation (spam); and
  • engage in username squatting. Accounts that are inactive for three months or more may also be removed without further notice. 

8.MODERATION OF CONTENT

Please note that we do not moderate content, comments, posts or other material which you or our other users may submit to our app. We rely upon friend to friend moderation on our app. We enable you to notify Pundit Club of content uploaded that is in breach of or contravenes our Acceptable Usage Policy above (a yellow card moment). If someone is yellow carded, we shall examine carefully the content or other material which a user highlights as being inappropriate, and exercise our discretion whether to remove such content from our app or services. If necessary, and in our sole discretion, we may remove a user from the app (a red card moment!).

9. THIRD PARTY LINKS

When our app contains links to other apps, sites, or content provided by third parties, the links are provided for your information and pleasure only.  We do not have, and neither do our partners have, control over the contents of those app sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them.

10. JURISDICTION AND APPLICABLE LAW

Pundit Club Terms and Conditions are governed by English law. The English courts have exclusive jurisdiction over any claim arising from or related to, a visit to our sites.

11. VARIATIONS

We may revise our Terms and Conditions at any time through amendments to this page. We expect you to check this page from time to time to take notice of any changes we make (Sunday morning over coffee is a popular time).  Some of the provisions contained in our Terms and Conditions may also be superseded by provisions or notices published elsewhere on our app.