The General Data Protection Regulation (GDPR) (EU) 2016/679
Auto Simulation Ltd trading as DIGITAL MOTORSPORTS (collectively “DIGITAL MOTORSPORTS”, “we” and “us”) respect your privacy. We offer services that enable platforms and merchants to run businesses, and to safely conduct online payment transactions and complies with the provisions of the GDPR. Every Data Controller who is processing personal data (i.e. us) has to notify the Information Commissioner who in turn maintains a public register of data controllers. Our Data Protection Officer can be contacted at DPO@Digital-Motorsports.com or DPO, Digital Motorsports, Suite 2 Mondello Park, Donore, Carragh, Naas, County Kildare. Ireland
Data Processing Agreement
The General Data Protection Regulation ((EU) 2016/679) and any national implementing laws, regulations and secondary legislation, as amended or updated from time to time, in Ireland and then (iii) any successor legislation to the GDPR or the Data Protection Acts 1988 & 2003
“Customer” is the purchaser of the services Auto Simulation Limited.
“Database Software” is a software program or utility used for creating, editing and maintaining database files or records, such as (but not limited to) Hubspot and Shopify.
“Logical Security” the protection of computer software (“Operating System”) of Auto Simulation Ltd’s platform, including user identification and password access, authentication, access rights. These measures are to ensure that only authorised users are able to perform actions or access information on our platform.
“Parties” are Auto Simulation Limited t/a Digital Motorsports (“DIGITAL MOTORSPORTS”) together with the Customer.
“Physical Security” the protection of hardware, software, network and data from physical action and events that could cause serious loss or damage to Auto Simulation Limited’s platform. This includes protection from fire, flood, natural disasters, theft and vandalism.
“Software” is defined as (but not limited to)Shopify, XERO, Hubspot, MICROSOFT, Office 365, Spreadsheets, Documents, customers code.
DIGITAL MOTORSPORTS obtains Personal Data about you from various sources to provide our Services and to manage our Sites. “You” may be a visitor to one of our websites, a user of one or more of our Services (“User” or “DIGITAL MOTORSPORTS User”), or a customer of a User (“Customer”). If you are a Customer, DIGITAL MOTORSPORTS will generally not collect your Personal Data directly from you. Your agreement with the relevant DIGITAL MOTORSPORTS User should explain how the DIGITAL MOTORSPORTS User shares your Personal Data with DIGITAL MOTORSPORTS, and if you have questions about this sharing, then you should direct those questions to the DIGITAL MOTORSPORTS User.
Personal Data We Collect
a. Personal Data that we collect about you.
Personal Data is any information that relates to an identified or identifiable individual. The Personal Data that you provide directly to us through our Sites will be apparent from the context in which you provide the data. In particular:
When you register for a racing league or for our online shop we collect your full name, email address, and account log-in credentials.
When you fill-in our online form to contact our sales team, we collect your full name, work email, country, and anything else you tell us about your project, needs and timeline.
When you use the “Remember Me” feature of DIGITAL MOTORSPORTS Checkout, we collect your email address, payment card number, CVC code and expiration date.
When you respond to DIGITAL MOTORSPORTS emails or surveys we collect your email address, name and any other information you choose to include in the body of your email or responses. If you contact us by phone, we will collect the phone number you use to call DIGITAL MOTORSPORTS.
If you contact us by phone as a DIGITAL MOTORSPORTS User, we may collect additional information in order to verify your identity.
If you are a DIGITAL MOTORSPORTS User, you will provide your contact details, such as name, postal address, telephone number, and email address. As part of your business relationship with us, we may also receive financial and personal information about you, such as your date of birth and government identifiers associated with you and your organization (such as your social security number, tax number, or Employer Identification Number).
If you are a Customer, when you make payments or conduct transactions through our DIGITAL MOTORSPORTS website or application, we will receive your transaction information. Depending on how the DIGITAL MOTORSPORTS User implements our Services, we may receive this information directly from you, or from or third parties. The information that we collect will include payment method information (such as credit or debit card number, or bank account information), purchase amount, date of purchase, and payment method. Different payment methods may require the collection of different categories of information. The DIGITAL MOTORSPORTS User will determine the payment methods that it enables you to use, and the payment method information that we collect will depend upon the payment method that you choose to use from the list of available payment methods that are offered to you by the DIGITAL MOTORSPORTS User.
When we conduct fraud monitoring, prevention and detection activities, we may also receive Personal Data about you from our business partners, financial service providers, identity verification services, and publicly available sources (e.g., name, address, phone number, country), as necessary to confirm your identity and prevent fraud. Our fraud monitoring, detection and prevention services may use technology that helps us assess the risk associated with an attempted transaction that is enabled on the DIGITAL MOTORSPORTS User’s website or the application that collects information.
You may also choose to submit information to us via other methods, including: (i) in response to marketing or other communications, (ii) through social media or online forums, (iii) through participation in an offer, program or promotion, (iv) in connection with an actual or potential business relationship with us, or (v) by giving us your business card or contact details at trade shows or other events.
Information that we collect automatically on our Sites.
Browser and device data, such as IP address, device type, operating system and Internet browser type, screen resolution, operating system name and version, device manufacturer and model, language, plug-ins, add-ons and the language version of the Sites you are visiting; Usage data, such as time spent on the Sites, pages visited, links clicked, language preferences, and the pages that led or referred you to our Sites.
We also may collect information about your online activities on websites and connected devices over time and across third-party websites, devices, apps and other online features and services. We use Google Analytics on our Sites to help us analyze Your use of our Sites and diagnose technical issues.
How We Use Personal Data
Our products and services.
We rely upon a number of legal grounds to ensure that our use of your Personal Data is compliant with applicable law. We use Personal Data to facilitate the business relationships we have with our Users, to comply with our financial regulatory and other legal obligations, and to pursue our legitimate business interests. We also use Personal Data to complete payment transactions and to provide payment-related services to our Users.
Marketing and events-related communications.
We may send you email marketing communications about DIGITAL MOTORSPORTS products and services, invite you to participate in our events or surveys, or otherwise communicate with you for marketing purposes, provided that we do so in accordance with the consent requirements that are imposed by applicable law. When we collect your business contact details through our participation at trade shows or other events, we may use the information to follow-up with you regarding an event, send you information that you have requested on our products and services and, with your permission, include you on our marketing information campaigns.
When you visit our Sites or online services, both we and certain third parties collect information about your online activities over time and across different sites to provide you with advertising about products and services tailored to your individual interests (this type of advertising is called “interest-based advertising”). These third parties may place or recognize a unique cookie or other technology on your browser (including the use of pixel tags). Where required by applicable law, we will obtain your consent prior to processing of your information for the purpose of interest-based advertising.
You may see our ads on other websites or mobile apps because we participate in advertising networks. Ad networks allow us to target our messaging to users based on a range of factors, including demographic data, users’ inferred interests and browsing context (for example, the time and date of your visit to our Sites, the pages that you viewed, and the links that you clicked on). This technology also helps us track the effectiveness of our marketing efforts and understand if you have seen one of our advertisements.
We work with Google AdWords, Doubleclick, AdRoll and other advertising networks. To learn how to opt out of behavioral advertising delivered by Network Advertising Initiative member companies, please visit the Network Advertising Initative and Digital Advertising Alliance. You may download the AppChoices app to opt out in mobile apps. If you opt out from interest-based advertising, you may see advertising that is not relevant to you. At present, there is no industry standard for recognizing Do Not Track browser signals, so we do not respond to them.
How We Disclose Personal Data.
Auto Simulation Ltd or its Virtual Race Academy service does not sell or rent Personal Data to marketers or unaffiliated third parties. We share your Personal Data with trusted entities, as outlined below.
DIGITAL MOTORSPORTS. We share Personal Data with other DIGITAL MOTORSPORTS entities in order to provide our Services and for internal administration purposes.
We can at times share Personal Data with a limited number of our service providers. We have service providers that provide services on our behalf, such as identity verification services, website hosting, data analysis, information technology and related infrastructure, customer service, email delivery, and auditing services. These service providers may need to access Personal Data to perform their services. We authorize such service providers to use or disclose the Personal Data only as necessary to perform services on our behalf or comply with legal requirements. We require such service providers to contractually commit to protect the security and confidentiality of Personal Data they process on our behalf. Our service providers are predominantly located in the European Union and the United States of America.
We share Personal Data with third party business partners when this is necessary to provide our Services to our Users. Examples of third parties to whom we may disclose Personal Data for this purpose are banks and payment method providers (such as credit card networks) when we provide payment processing services, and the professional services firms that we partner with.
Corporate transactions. In the event that we enter into, or intend to enter into, a transaction that alters the structure of our business, such as a reorganization, merger, sale, joint venture, assignment, transfer, change of control, or other disposition of all or any portion of our business, assets or stock, we may share Personal Data with third parties for the purpose of facilitating and completing the transaction.
Compliance and harm prevention. We share Personal Data as we believe necessary: (i) to comply with applicable law, or payment method rules; (ii) to enforce our contractual rights; (iii) to protect the rights, privacy, safety and property of Auto Simulation Ltd, DIGITAL MOTORSPORTS, you or others; and (iv) to respond to requests from courts, law enforcement agencies, regulatory agencies, and other public and government authorities, which may include authorities outside your country of residence.
Your Rights and Choices.
You have choices regarding our use and disclosure of your Personal Data:
a. Opting out of receiving electronic communications from us. If you no longer want to receive marketing-related emails from us, you may opt-out via the unsubscribe link included in such emails. We will try to comply with your request(s) as soon as reasonably practicable. Please note that if you opt-out of receiving marketing-related emails from us, we may still send you important administrative messages that are required to provide you with our Services.
How you can see or change your account Personal Data. If You would like to review, correct, or update Personal Data that You have previously disclosed to us, by contacting us.
Your data protection rights. Depending on your location and subject to applicable law, you may have the following rights with regard to the Personal Data we control about you:
The right to request confirmation of whether DIGITAL MOTORSPORTS processes Personal Data relating to you, and if so, to request a copy of that Personal Data; The right to request that DIGITAL MOTORSPORTS rectifies or updates your Personal Data that is inaccurate, incomplete or outdated; The right to request that DIGITAL MOTORSPORTS erase your Personal Data in certain circumstances provided by law; The right to request that DIGITAL MOTORSPORTS restrict the use of your Personal Data in certain circumstances, such as while DIGITAL MOTORSPORTS.ie considers another request that you have submitted (including a request that DIGITAL MOTORSPORTS make an update to your Personal Data); and The right to request that we export to another company, where technically feasible, your Personal Data that we hold in order to provide Services to you.
Where the processing of your Personal Data is based on your previously given consent, you have the right to withdraw your consent at any time. You may also have the right to object to the processing of your Personal Data on grounds relating to your particular situation.
Process for exercising data protection rights. In order to exercise your data protection rights, you may contact DIGITAL MOTORSPORTS as described in the Contact Us section below. We take each request seriously. We will comply with your request to the extent required by applicable law. We will not be able to respond to a request if we no longer hold your Personal Data. If you feel that you have not received a satisfactory response from us, you may consult with the data protection authority in your country.
For your protection, we may need to verify your identity before responding to your request, such as verifying that the email address from which you send the request matches your email address that we have on file. If we no longer need to process Personal Data about you in order to provide our Services or our Sites, we will not maintain, acquire or process additional information in order to identify you for the purpose of responding to your request.
If you are a Customer of a DIGITAL MOTORSPORTS User, please direct your requests directly to the User. For example, if you are making, or have made, a purchase from a merchant using DIGITAL MOTORSPORTS as a payment processor, and you have a request that is related to the payment information that you provided as part of the purchase transaction, then you should address your request directly to the merchant.
Security and Retention.
We make reasonable efforts to ensure a level of security appropriate to the risk associated with the processing of Personal Data. We maintain organizational, technical and administrative measures designed to protect Personal Data within our organization against unauthorized access, destruction, loss, alteration or misuse. Your Personal Data is only accessible to a limited number of personnel who need access to the information to perform their duties. Unfortunately, no data transmission or storage system can be guaranteed to be 100% secure. If you have reason to believe that your interaction with us is no longer secure (for example, if you feel that the security of your account has been compromised), please contact us immediately.
If you are a DIGITAL MOTORSPORTS User, we retain your Personal Data as long as we are providing the Services to you. We retain Personal Data after we cease providing Services to you, even if you close your DIGITAL MOTORSPORTS account, to the extent necessary to comply with our legal and regulatory obligations, and for the purpose of fraud monitoring, detection and prevention. We also retain Personal Data to comply with our tax, accounting, and financial reporting obligations, where we are required to retain the data by our contractual commitments to our financial partners, and where data retention is mandated by the payment methods that we support. Where we retain data, we do so in accordance with any limitation periods and records retention obligations that are imposed by applicable law.
International Data Transfers.
Use by Minors.
The Services provided by Auto Simulation Ltd or its DIGITAL MOTORSPORTS business are not directed to individuals under the age of thirteen (13), and we request that they not provide Personal Data through the Services.
Links To Other Websites.
DIGITAL MOTORSPORTS Services may provide the ability to connect to other websites. These websites may operate independently from us and may have their own privacy notices or policies, which we strongly suggest you review. If any linked website is not owned or controlled by Auto Simulation Ltd or DIGITAL MOTORSPORTS, we are not responsible for its content, any use of the website or the privacy practices of the operator of the website.
Residents of the European Economic Area (EEA) and Switzerland. The entity responsible for the collection and processing of Personal Data for residents of the EEA and Switzerland is Auto Simulation Ltd., a company incorporated in Ireland and with offices at Suite 2 Mondello Park Donore, Naas, Kildare, Ireland. To exercise your rights, the Data Protection Officer may be contacted via dpo@DIGITAL MOTORSPORTS.com
DATA PROTECTION LEGISLATION
Both parties will comply with all applicable requirements of the Data Protection Legislation. This clause is in addition to, and does not relieve, remove or replace, a parties obligations under the Data Protection Legislation.
- The parties acknowledge that for the purposes of the Data Protection Legislation, Auto Simulation Limited t/a Digital Motorsports (“Digital Motorsport ”) is the data processor.
- This data processing agreement should be read in conjunction with Digital Motorsports ’s acceptable use policy and terms and conditions.
- The duration of the processing shall be from the date of the Customer’s acceptance of this agreement, until the agreement expires or terminates in accordance with the expiry or termination of the Customer’s services with Digital Motorsports.
- The categories of Data Subjects are those whose personal data are provided or made available to Digital Motorsports by or on behalf of the Customer through the use or provision of the services purchased by the Customer (the “Services”) and shall exclude special categories of personal data or data relating to criminal convictions and offences.
- Digital Motorsports shall process the personal data for the Customer in accorance with article 4 no. 2 and article 28 of the GDPR.
DIGITAL MOTORSPORTS RESPONSIBILITIES
Digital Motorsports responsibilities with regard to the processing of personal data provided by the Customer in its use of the Services is limited to providing adequate security measures to store the data uploaded by the Customer onto the hosting platform. Digital Motorsports is responsible for the Physical Security of its platform, and the Logical Security of the Operating System and the Database Software which serves the Customer’s database. Digital Motorsports is not responsible for the security of the data however populated within such databases and/or hosting space by the Customer, or Software managed by the Customer and the access to the data that this has. This is the sole responsibility of the Customer.
Digital Motorsports shall, in relation to any personal data processed in connection with the performance by Digital Motorsports of its obligations under this agreement:
- process that personal data only on the written instructions of the Customer, unless Digital Motorsports is otherwise required to do so by the laws of any member of the European Union or by the laws of the European Union that apply to Digital Motorsports (“Applicable Laws”). Where Digital Motorsports is required by Applicable Laws to process personal data, Digital Motorsports shall promptly notify the Customer of this before performing the processing required by the Applicable Laws unless those Applicable Laws prevent Digital Motorsports from notifying the Customer;
- pursuant to article 32 of the GDPR, ensure that it has appropriate technical and organisational measures in place in order to protect against any unauthorised or unlawful processing of personal data, accidental loss or destruction of personal data, and damage being caused to personal data. Such measures are set out in appendix 1 of this agreement.
- ensure only personnel required for the purposes of carrying out this agreement have access to, and that all personnel who have access to and/or process personal data are obliged to keep the personal data confidential;
- if the Customer is unable to access the relevant information, to assist the Customer, and in any event, at the Customer’s cost, provide reasonable assistance in responding to any request from a supervising authority or a data subject and in ensuring compliance with its obligations under the Data Protection Legislation with respect to security, breach notifications, impact assessments and consultations with supervisory authorities or regulators;
- notify the Customer on becoming aware of a personal data breach;
- in accordance with Digital Motorsports standard policies, delete, or return (at the Customer’s cost) in a format determined by Digital Motorsport , personal data and copies thereof, on termination of the agreement, unless required by any Applicable Laws to continue to store the personal data; and
- maintain complete and accurate records and information to demonstrate its compliance with this clause and allow for audits to be carried out by the Customer, only so far as is necessary in order to demonstrate compliance, provided that the Customer (a) provides Digital Motorsports with no less than 30 days’ notice of such audit or inspection; (b) refunds Digital Motorsports for all reasonable costs and expenses that it incurs as a result of any such audit or inspection (c) both parties agree the scope, duration and purpose of such audit or inspection. If the Customer becomes privy to any Confidential Information of Digital Motorsports as a result of this clause, the Customer shall hold such Confidential Information in confidence and, unless required by law, not make the Confidential Information available to any third party, or use the Confidential Information for any other purpose. The Customer acknowledges that Digital Motorsports shall only be required to use reasonable endeavours to assist the Customer in procuring access to any third party assets, records or information as part of any audit; and
- to provide a list of sub-processors engaged to full Services by sending an email request to dpo@DIGITAL-MOTORSPORTS.com
THE CUSTOMER’S RESPONSIBILITIES
- The Customer acknowledges that Digital Motorsports has no knowledge of the type/content of any personal data received, stored, or transmitted to Digital Motorsports ’s platform, by using the Services.
- If Digital Motorsports believes or becomes aware that its processing of Customer personal data is likely to result in a high risk to the data protection rights and freedoms of Data Subjects, it shall inform the Customer and provide reasonable cooperation to the Customer (at the Customer's expense) in connection with any data protection impact assessment that may be required under Applicable Data Protection Law.
- In respect of personal data which the Customer receives, stores, or transmits using the Services, the Customer:
- will ensure, and warrants that, it has all necessary and appropriate consents and notices in place to lawfully transfer the personal data to Digital Motorsports, for the duration and purposes of this agreement;
- undertakes that its use of the Services for processing personal data will each (i) comply with privacy laws or regulations applicable to its Processing of Customer Personal Data, (ii) not cause Digital Motorsports to infringe Applicable Data Protection Law. The Customer will ensure that it has all necessary consents, notices and other requirements in place to enable lawful processing of the Customer personal data by Digital Motorsports for the duration and purposes of this agreement;
- shall, unless otherwise provided for in the agreement, be solely responsible for the legality, confidentiality, integrity, availability, accuracy and quality of all data it processes;
- shall be solely responsible for ensuring the safety and security of all the data it controls and processes. The Customer warrants it has relevant and appropriate security measures in place to adequately protect the personal data it collects/processes. The Customer must verify the adequacy of Digital Motorsports ’s security measures as appropriate for the type of personal data the Customer collects/processes and stores on Digital Motorsports ’s platform. The Customer should refer to the Acceptable Use Policy to ensure it is not in breach of Digital Motorsports ’s terms and conditions.
- is solely responsible for responding to any request from a data subject and in ensuring its own compliance with its obligations under Data Protection Legislation with respect to security, breach notifications, impact assessments and consultations with supervisory authorities or regulators;
- shall indemnify Digital Motorsports against any claims, actions, liabilities, proceedings, direct losses, damages, expenses, fines and costs (including without limitation court costs and reasonable legal fees) incurred by Digital Motorsports as a direct result of any negligence, wilful misconduct, or breach of the Data Protection Legislation of the Customer.
THIRD PARTY PROCESSING
- The Customer grants Digital Motorsports the authorisation to appoint (and permit each third party processor appointed in accordance with this section 5) third party sub-processors in accordance with this section 5.
- Digital Motorsports may appoint alternative third party processors to provide materially like for like services to the Customer as part of the Services subject to: (a) Digital Motorsports entering into a written agreement with such third party processor incorporating terms which are substantially similar to those set out in this agreement; and (b) such third party processor being able to demonstrate at least as high a standard of service quality and compliance to the previously appointed third party processor.
- The Customer agrees to Digital Motorsports giving any such sub-processors access to the Customer's details so that Digital Motorsports can deliver the Services under the agreement. The Customer further agrees that those sub-processors may be based outside of the country in which the Customer has chosen to store Customer Personal Data, subject to Digital Motorsports taking steps to ensure transfer protections are in place if transfers are made to those sub-processors. Digital Motorsports requires that its sub-processors maintain security and data protection practices that are consistent with the agreement.
This Addendum and any dispute or claim arising out of or in connection with it, or its subject matter or formation, including non-contractual disputes or claims, shall be governed by, and construed in accordance with, Irish law. The parties agree that the courts of Ireland will have exclusive jurisdiction to settle any dispute, whether contractual or non-contractual, arising from or in connection with the Addendum.
Each party irrevocably agrees that the Irish courts shall have exclusive jurisdiction to settle any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with this agreement or its subject matter or formation.
Suite 2, Mondello Park, Carragh
Naas, Kildare ,Ireland