Privacy Notice

Cortex

Last updated: 20th August 2024

External Privacy Notice

Who we are and what we do

Who we are

We are Cortex Tech Limited t/a Cortex (“Cortex”, “us”, “we”, “our”). We are a limited company registered in England and Wales under registration number 15817221 and we have our registered office at Mimet House, 5a Praed Street, London, England, W2 1NJ. We are registered with the UK supervisory authority, Information Commissioner’s Office (“ICO”), in relation to our processing of Personal Data under registration number ZB723058.

What we do

We provide sports businesses with a fully integrated suite of data powered technology and supporting services. We and our related entities are committed to protecting the privacy and security of the Personal Data we process about you.

Controller

Unless we notify you otherwise, we are the controller of the Personal Data we process about you. This means that we decide what Personal Data to collect and how to process it.

Purpose of this Privacy Notice

The purpose of this privacy notice is to explain what Personal Data we collect about you and how we process it. This privacy notice also explains your rights, so please read it carefully. If you have any questions, you can contact us using the information provided below under the ‘How to contact us’ section.

Who this privacy notice applies to

This privacy notice applies to you if:

  1. You visit our website
  2. You purchase products or services from us
  3. You enquire about our products and/or services
  4. You sign up to receive newsletters and/or other promotional communications from

What personal data is

‘Personal Data’ means any information from which someone can be identified either directly or indirectly. For example, you can be identified by your name or an online identifier.

Personal Data we collect

The type of Personal Data we collect about you will depend on our relationship with you. For the type of Personal Data we collect see the table below in the section entitled ‘Purposes, lawful bases and retention periods’.

How we collect your Personal Data

We collect most of the Personal Data directly from you in person, by telephone, text or email and/or via our website.

However, we may also collect your Personal Data from third parties such as:

  • reputable companies who provide lead generation contact lists
  • others to whom you have provided consent
  • publicly available sources such as social media platforms

For details about how we use cookies and other tracking technologies, please see our specific page on Cookies and similar technologies.

Purposes, lawful bases and retention periods

We will only use your Personal Data when the law allows. Most commonly, we will use your Personal Data in the following circumstances:

We will retain your personal data on our systems only for as long as is strictly necessary for the purposes for which such data was originally collected, being the period during which we are contracted to provide you with the Services (or for such longer period as may be required by law, including in connection with any tax obligations).

Where Personal Data is processed because it is necessary for the performance of a contract to which you are a party, we will be unable to provide our services without the required information.

Sharing your personal data

We may share your Personal Data with our affiliates and carefully selected third parties, for example, we may use a supplier to provide services which support the services which we provide to you. In this case, we remain responsible for your personal data and will ensure we have a written agreement in place with any third party provider. We currently use third-party suppliers:

  • for invoice purposes
  • to set up direct debits and payments
  • for software for internal business purposes
  • for communicating with all Cortex stakeholders

Internation transfers

Your personal information may be transferred to and processed outside of the UK/EEA.  This is because the organisations we use to provide our services to you may be based outside the UK or have servers based outside the UK.

We will only transfer your personal information from countries in the UK or EU/EEA to countries outside of the UK or EU/EEA where:

  • the transfer is to a country (or an international organisation) that the UK government/European Commission has determined ensures an adequate level of protection (“Adequacy”);
  • an International Data Transfer Agreement (IDTA) or Standard Contractual Clauses adopted by the UK Government or European Commission (whichever is applicable) have been put in place between the entity in the UK or EU/EEA and the entity located outside the UK or EU/EEA;
  • binding corporate rules have been implemented, where applicable; or where
  • the transfer is otherwise permitted by the law.

Your rights and how to complain

You have certain rights in relation to the processing of your Personal Data, including to:

  • Right to be informed -You have the right to know what personal data we collect about you, how we use it, for what purpose and in accordance with which lawful basis, who we share it with and how long we keep it. We use our privacy notice to explain this.
  • Right of access (commonly known as a “Subject Access Request”) - You have the right to receive a copy of the Personal Data we hold about you.
  • Right to rectification - You have the right to have any incomplete or inaccurate information we hold about you corrected.
  • Right to erasure (commonly known as the right to be forgotten) You have the right to ask us to delete your Personal Data.
  • Right to object to processing - You have the right to object to us processing your Personal Data. If you object to us using your Personal Data for marketing purposes, we will stop sending you marketing material.
  • Right to restrict processing - You have the right to restrict our use of your Personal Data.
  • Right to portability -You have the right to ask us to transfer your Personal Data to another party.
  • Automated decision-making. You have the right not to be subject to a decision based solely on automated processing which will significantly affect you. We do not use automated decision-making.  
  • Right to withdraw consent - If you have provided your consent for us to process your Personal Data for a specific purpose, you have the right to withdraw your consent at any time. If you do withdraw your consent, we will no longer process your information for the purpose(s) you originally agreed to, unless we are permitted by law to do so.
  • Right to lodge a complaint - You have the right to lodge a complaint with the relevant supervisory authority, if you are concerned about the way in which we are handling your Personal Data. The supervisory authority in the UK is the Information Commissioner’s Office who can be contacted online at Contact us | ICO or by telephone on 0303 123 1113
How to exercise your rights

You will not usually need to pay a fee to exercise any of the above rights. However, we may charge a reasonable fee if your request is clearly unfounded or excessive. Alternatively, we may refuse to comply with the request in such circumstances.

If you wish to exercise your rights, you may contact us using the details set out below within the section called ‘How to contact us and our Data Protection Officer’. We may need to request specific information from you to confirm your identity before we can process your request. Once in receipt of this, we will process your request without undue delay and within one month. In some cases, such as with complex requests, it may take us longer than this and, if so, we will keep you updated.  

How to contact us and our Data Protection Officer

If you wish to contact us in relation to this privacy notice or if you wish to exercise any of your rights outlined above, please contact us as follows:

Telephone: +44 (0)20 3137 9873

Email: compliance@cortextech.io

Post: Fifth Floor, Mimet House, 5a Praed Street, London, W2 1NJ

We have also appointed a Data protection Officer (“DPO”). Our DPO is Evalian Limited and they can be contacted using the above details. Please mark your communications FAO the ‘Data Protection Officer’.

Changes to this Privacy Notice

We may update this notice (and any supplemental privacy notice), from time to time as shown below. We will notify of the changes where required by applicable law to do so.

Terms

End User License Agreement for Cortex Sports Ltd Apps

Please read carefully the terms and conditions of this end user license agreement (“EULA”) before using the software application (“APP”) provided by Cortex Ltd (“Cortex”), a company registered in England and Wales with number 9366216. This is a legal agreement between Cortex and you. This EULA, the Cortex master terms of service and the Cortex privacy policy are incorporated herein by reference (collectively the “TERMS”) and govern the access and use of the APP. Any terms not defined in this EULA shall be given the same meaning as stated in the master terms of service.

By downloading, installing or using this APP you acknowledge and agree that:

  • your use of the APP is solely at your own risk;
  • the APP is licensed to you and you may use the App only as set forth in this EULA;
  • you consent to the collection and use of your personally identifiable information, including the transfer and processing of your information outside your home country, as outlined in the Cortex Privacy Policy available below.
  • you acknowledge that third party terms and fees may apply to the use and operation of your mobile device in connection with your use of the APP, such as your carrier’s terms of service, and fees for phone service, data access, or messaging capabilities, and that you are solely responsible for payment of any and all such fees;
  • as set forth in this EULA, the APP is provided “as is”;
  • you may send an e-mail to enquiries@cortextech.io to have a copy of this EULA sent to you; and
  • if you are using the APP on an iOS product, you agree to and acknowledge the “Notice Regarding Apple,” below.
  • you agree to be bound by the Google privacy policy: https://policies.google.com/privacy
  • you agree to abide by the YouTube terms of service: https://www.youtube.com/t/terms

IF YOU DO NOT AGREE TO BE BOUND BY ABOVE TERMS (AS DESCRIBED IN FURTHER DETAIL BELOW) YOU MAY NOT DOWNLOAD, INSTALL OR USE THE APP.

Modification of the EULA.

Cortex reserves the right to modify and/or change any of the terms and conditions of this EULA at any time and without prior notice. If Cortex materially modifies this EULA it will post the updated EULA in the “About Menu” of the APP via a hyperlink or by other reasonable means now known or hereafter developed. By continuing to use the APP after Cortex has posted a modification of this EULA, you agree to be bound by the modified EULA. If the modified EULA is not acceptable to you, your only recourse is to discontinue the use of and uninstall the APP. This Agreement will also govern any software upgrades and/or updates provided by Cortex that upgrade and/or supplement the APP, unless such upgrades and/or updates are accompanied by a separate license, in which case the terms of that separate license will apply.

Limited License

Conditioned upon your compliance with the terms and conditions of this EULA, Cortex hereby grants to you a limited, revocable, non-exclusive, personal, non-sublicensable, non-transferable, non-assignable license to install and use the executable form of the APP solely for your personal use on a device (whether mobile device or other) owned or controlled by you. Cortex reserves all rights in the APP not expressly granted to you in this EULA.

Phone settings and uninstall procedures

As part of the installation and operation process of the APP, you may be changing your mobile device settings. By installing the APP, you agree you have approved such changes and you understand you can reconfigure such settings at any time from the “Settings Menu” available in the APP and in the configuration options available in your mobile device from within your mobile device Setting Menu. Such changes may include, without limitation, the following:

  • Allowing the APP to configure the WiFi, Bluetooth and other capabilities of the mobile device.
  • Allowing software updates of the APP once a new version is released and the ability to send notifications.
  • Allowing Cortex access to location-based information.
  • To uninstall the APP, you may use the standard uninstall procedures offered by your device’s Operating System.
Warranty

There is NO WARRANTY for the software. Cortex provides the Software “AS IS” without warranty of any kind, either expressed or implied, including, but not limited to, the implied warranties of merchantability and fitness for a particular purpose. The entire risk as to the quality and performance of the Software is with you. You acknowledge that the Software may not be free of bugs or errors and you agree that the existence of any errors shall not constitute a breach of this EULA.

Use restrictions

You may not use the APP in any manner that could: (i) damage, disable, overburden, or impair the APP (or any server or networks connected to the App), or (ii) interfere with any third party’s use and/or enjoyment of the APP (or any server or networks connected to the APP). Except as expressly specified in this EULA, you may not: (a) copy or modify the APP; (b) transfer, sublicense, lease, lend, rent or otherwise distribute the APP to any third party; or (c) use the APP in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with this EULA. You acknowledge and agree that portions of the APP, including, without limitation, the source code and the specific design and structure of individual modules or programs, constitute or contain trade secrets of Cortex and its licensors. Accordingly, you agree not to disassemble, decompile or otherwise reverse engineer any components of the APP provided in object code or any other Cortex products or services, in whole or in part, or permit or authorise a third party to do so, except to the extent such activities are expressly permitted by law notwithstanding this prohibition.

Open source

Any Open Source Software that may be accompanying the App is provided to you under the terms of the open source license agreement or copyright notice accompanying such Open Source Software or in the open source licenses file accompanying the Software. As used herein “Open Source Software” mean open source software components provided with the App that are licensed to you under the terms of the applicable license agreements included with such open source software components or other materials for the App. This EULA does not apply to any Open Source Software accompanying the App and Cortex hereby disclaims any and all liability to you or any third party related thereto.

Term and termination

This EULA will remain in effect until terminated. The EULA, and your rights and licenses hereunder, will terminate immediately upon your breach of the EULA. You may terminate the EULA by uninstalling and discontinuing your use of the APP. Cortex may terminate support of the APP and/or this EULA, or limit or terminate your access to the APP at any time for any reason. Sections entitled Reservation of Rights, Term and Termination, Warranty Disclaimer and Limitation of Liability, Indemnification, and Miscellaneous shall survive any termination of this EULA.

Liability

Nothing in this EULA shall exclude or in any way limit Cortex’s liability for fraud, or for death and personal injury caused by its negligence, or any other liability to the extent that it cannot be excluded or limited as a matter of law. Cortex shall not be liable under or in connection with this EULA for:

  • loss of income;
  • loss of business profits or contracts;
  • business interruption;
  • loss of the use of money or anticipated savings;
  • loss of information;
  • loss of opportunity, goodwill or reputation;
  • loss of, damage to or corruption of data; or
  • any indirect or consequential loss or damage of any kind howsoever arising and whether caused by tort (including negligence), breach of contract or otherwise.

Cortex’s maximum aggregate liability under or in connection with this EULA, or any collateral contract, whether in contract, tort (including negligence) or otherwise, shall be limited to a sum equal to the price paid for the Software.

Cortex’s liability for infringement of third party intellectual property rights shall be limited to breaches of rights subsisting in the UK.

You acknowledge that Cortex is not responsible for any content accessed through use of the APP, and agree to indemnify and hold Cortex, and its affiliates, officers, agents, partners, and employees, against any claim or demand made by any third party due to or arising out of such content.

Law and jurisdiction

This EULA, its subject matter or its formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with English Law and submitted to the exclusive jurisdiction of the English courts.

Notice regarding Apple

You acknowledge that this EULA is between you and Cortex only, not with Apple, and Apple is not responsible for the Service and the content thereof. Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Service. In the event of any failure of the Service to conform to any applicable warranty, then you may notify Apple and Apple will refund any applicable purchase price for the App to you; and, to the maximum extent permitted by applicable law, Apple has no other warranty obligation whatsoever with respect to the Service. Apple is not responsible for addressing any claims by you or any third party relating to the Service or your possession and/or use of the Service, including, but not limited to: (i) product liability claims; (ii) any claim that the Service fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation. Apple is not responsible for the investigation, defence, settlement and discharge of any third party claim that the Service and/or your possession and use of the App infringe that third party’s intellectual property rights. You agree to comply with any applicable third party terms, when using the Service. Apple, and Apple’s subsidiaries, are third party beneficiaries of this EULA, and upon your acceptance of this EULA, Apple will have the right (and will be deemed to have accepted the right) to enforce this EULA against you as a third party beneficiary of this EULA. You hereby represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.