Privacy Policy

InstaSport AB (“InstaSport” or “we”/”us”/”our”) process personal data in accordance with the Regulation (EU)2016/679 of the European Parliament and of the Council of 27 April 2016, General Data Protection Regulation(“GDPR”) and any other Swedish laws and regulations applicable in the field of data protection. This Privacy Policy explains how we use the personal data that we collect from you (“Customer” or “you”) when you use our Services asstated in our Terms of Use. It also describes your rights toward us and how you can exercise your rights. Capitalized terms used herein without definition shall have the meanings assigned to them in the Terms of Use.

InstaSport will only process personal data to the extent necessary to fulfil the Services under the Terms of Use and forpurposes which are compatible with providing the Services. In this regard, InstaSport is the controller of your personaldata. InstaSport may act as a data processor when a Customer would be considered data controller for purposes of GDPR in connection with its use of InstaSport’s Services and/or payment providers.

1. INSTASPORT’S PURPOSES AND LEGAL GROUNDS FOR PROCESSING YOUR PERSONAL DATA

1 “Personal data” means any information relating to an identified or identifiable natural person that, directly orindirectly in combination with other information, can be linked to a living, natural person. Personal data is a verybroad term, and it includes the name, contact details and IP addresses of such person.

2 “Processing” of personal data means, including but not limited to, collecting, registering, organizing, structuring, andstoring. Processing also means alteration, production, reading, listing, using, and disclosing personal data bytransfer, disseminating, changing, removing as well as deletion of the personal data.

3 “Data subject” means an identified or identifiable person to whom personal data relates.

4 InstaSport will only process personal data if we have a lawful basis for doing so. Lawful bases for processing includeconsent, contractual necessity and our “legitimate interests” or the legitimate interest of others. InstaSport mayprocess personal data based on the following legal grounds in GDPR.

4.1 In the event InstaSport foresees the need to process your personal data for a purpose which, pursuant toapplicable laws and regulations, should be based on your consent (on grounds of Art. 6(1)(a) GDPR), wewill contact you in advance, to inform you about the processing for which your consent is required beforethe consent is collected and ask for your consent.

4.2 To fulfil an agreement with you or to respond to your request for customer service. The legal ground for thisis that the processing is necessary for the performance of an agreement or contract to which the data subjectis party or to take steps at the request of the data subject prior to entering into an agreement or contract (Art.6(1)(b) GDPR).

4.3 To comply with legal obligations to report to authorities and third parties. The legal ground is that processingis necessary for compliance with a legal obligation to which the data controller is subject (Art. 6(1)(c) GDPR).

4.4 To satisfy a legitimate and justified interest of InstaSport in processing your personal data, such as marketingour products and Services by contacting potential and existing customers via e-mail, newsletters, or letters,in order to inform them about InstaSport’s Services, offers, events and products. The legal ground for this isthat the processing is necessary and that InstaSport has a legitimate interest (Art. 6(1)(f) GDPR) that is notoverridden by the fundamental interests and freedoms of the data subjects.

5 For these Services, InstaSport is the data controller and may determine, alone or jointly with others, the purposes andmeans for the processing of your personal data. InstaSport’s contact details can be found in clause 5 below.

2. DIFFERENT CATEGORIES OF THE DATA SUBJECT’S PERSONAL DATA

1 When you visit one of our digital channels (for example our website, social media and video sharing sites, our mobile applications, online events), as well as when you contact us via e-mail or our website’s and/or application’s chat function, we may collect information about you, such as your name, address, city, e-mail address, phone number, identification data and information regarding your use of InstaSport’s products and Services. In some cases, we may process a photo of you, if you choose to publish it to our platform. InstaSport may also collect your personal data from other public sources and external partners from other countries. Personal data that may be collected and processed by InstaSport could include:

1.1 Your name, e-mail address, postal address, telephone number, banking information and payment details, IP address, picture, personal settings;

1.2 Cookie files stored on your computer or your telephone (or other digital device which you may use to visit our digital channels) for the purpose of identifying your browser and to recognize your settings and preferences. You will have the right to refuse InstaSport’s processing of personal data using cookie files; and

1.3 Other information regarding your use of InstaSport’s products and Services, which we may collect from our surveys and other means of communication with InstaSport.

2 Please note that when you enter your personal data in connection with using the services of our payment providers, you must read and accept the payment provider’s terms and conditions, which can be found here: https://stripe.com/se/legal.

3. PROCESSING AND TRANSFER OF YOUR PERSONAL DATA

1 The Customer has through this Privacy Policy been informed about the fact that when it processes its own personal data, the Customer acts as the data controller. It is therefore important for the data subject to protect and update login information, protect devices such as telephones and computers against viruses, etc., and comply with applicable law and data protection legislations. When entering free text responses, caution must be taken to avoid entering any integrity, sensitive or unnecessary personal data. When the Customer processes its own personal data InstaSport shall act as a data processor. The data controller is in such case solely responsible for the accuracy, quality, and legality of (i) the personal data provided to InstaSport by or on behalf of the Customer, (ii) the means by which the Customer acquired any such personal data, and (iii) the instructions it provides to InstaSport regarding the processing of such personal data. The Customer shall not provide or make available to InstaSport any personal data in violation of this Privacy Policy or otherwise inappropriate for the nature of the Services, see clause 3.7.

2 Further, the Customer has through this Privacy Policy been informed about the fact that personal data will be stored in a Microsoft SQL Server (https://privacy.microsoft.com/en-us/privacystatement) database for the purposes described above. If InstaSport engages co-operation partners, InstaSport shall ensure that any personal data is afforded equivalent protection as prescribed in this Privacy Policy and in accordance with the GDPR. InstaSport may also transfer personal data to others within InstaSport’s business operation, coordinators, co-operation partners and providers, as well as third parties, including but not limited to suppliers, cloud service providers, consultants, and authorities. InstaSport shall, however, only transfer personal data if InstaSport has a legal ground under the GDPR to do so.

3 InstaSport may also transfer personal data to a third country, i.e., a country outside the EU/EEA, or to international organizations according to applicable laws and data regulations. InstaSport and third parties may be based anywhere in the world, which could include countries that may not offer the same legal protections for personal data as the data subject’s country of residence. InstaSport will follow local data protection requirements and its internal global privacy standards and InstaSport will apply the necessary safeguards under the applicable law of the country transferring the data for such transfers. The Customer is encouraged to get further information about the legal aspects of third-party transfers: www.imy.se.

4 The personal data will be, dependent on the purpose for which it is collected, archived, confidentially erased, or anonymized in accordance with the rules of archiving when it is no longer necessary. Personal data will be stored during the time it is necessary for InstaSport to fulfil its obligations and for the purposes set out above. InstaSport will bring necessary measures to provide the personal data with protection against unauthorized access and loss thereof.

5 In the event a personal data incident incurs, InstaSport shall notify the Customer as soon as possible and in any event within 72 hours of becoming aware of the incident. A personal data incident means a security incident that leads to an accidental or unlawful destruction, loss or alteration, unauthorized disclosure or unauthorized access to the personal data transferred, stored, or otherwise processed. As personal data will be transferred over the internet, it is important for data subjects to be aware of the associated risks.

6 If the personal data incident leads to a high risk to the rights and freedom of a data subject, such data subject must also be contacted without delay.

7 Subject to applicable data protection legislation, InstaSport shall not be liable for any damages arising from the processing of personal data. In any event, InstaSport shall not be liable for indirect damages. Notwithstanding anything said in this clause 3.7, InstaSport is not seeking to exclude liability for gross negligence and wilful misconduct nor any other mandatory terms and conditions stipulated by Swedish and European law.

4. THE DATA SUBJECT’S LEGAL RIGHTS

1 Data subjects have the right to object to InstaSport’s processing of the personal data such as, for example, when processed in connection with direct marketing. Data subjects also have the right to request deletion, restriction, and rectification of the personal data. If consent is withdrawn, or if the stored personal data is incorrect or irrelevant, InstaSport must delete, restrict, or correct such personal data. If InstaSport is the processor of your personal data, i.e., not the controller, for purposes of GDPR, please contact the controller of your personal data in the first instance to address your rights with respect to such data.

2 Data subjects have the right to request information about InstaSport’s processing of personal data. If a request is made electronically, InstaSport shall provide the information in an electronically readable form which is structured and commonly used. Any request from data subjects shall be answered within a reasonable period by InstaSport.

3 InstaSport shall, upon request, provide information about the purpose of the processing, what personal data is being processed, recipients of the personal data and, if possible, for how long the personal data will be stored. Upon request, InstaSport shall also provide information about the possibility to request deletion, rectification, or alteration of the personal data, as well as how to lodge a complaint to InstaSport or the competent supervisory authority. Furthermore, InstaSport shall upon request provide information about the origin of the personal data, the existence of profiling and automatic decision-making, and any transfers to third countries. If requested, InstaSport shall also provide the data subjects with a copy of the processed personal data.

4 Data subjects have the right to transfer the personal data to another data controller (data portability), as well as to lodge a complaint regarding InstaSport’s processing of personal data. Complaints shall be submitted to InstaSport and/or the competent supervisory authority according to the contact details in clause 5 below.

5 This Privacy Policy may be updated at any time and the latest updated version may always be found on InstaSport’s website: www.instasport.io.

5. CONTACT INFORMATION

1 InstaSport’s contact details are as follows: InstaSport AB (org. no. 559221-9181), E-mail: support@instasport.io, Phone: 010-200 71 35.

2 The contact details of the competent supervisory authority in Sweden are as follows: The Swedish Authority for Privacy Protection (Sw. ‘Integritetsskyddsmyndigheten’), org. no. 202100-0050, with address Box 8114, SE-104 20 Stockholm, Sweden. The Swedish Authority for Privacy Protection can also be contacted by telephone, +46 (0)8- 657 61 00, or by e-mail, imy@imy.se. For more information about the Swedish Authority for Privacy Protection, please visit: www.imy.se.