WADA E-LEARNING COURSE END-USER AGREEMENT AND PRIVACY INFORMATION
By selecting “I Accept the Terms and Conditions of Use”, below, you acknowledge that you have read and agree to the terms of this Agreement, and that you have read and understood the privacy information about the collection, use and sharing of your personal information in connection with your use of ADeL.
Last updated: January 2019
The following constitutes the World Anti-Doping Agency’s (“WADA”) E-Learning Course End-User Agreement (the “Agreement”) that must be reviewed and agreed to by all Users of WADA’s Anti-Doping e-Learning Platform (“ADeL”). It also contains information about the personal information that will be processed in connection with your use of ADeL.
ADeL is designed to give Users the information they need about the dangers of doping, anti-doping processes, rights and responsibilities and the underpinning values of anti-doping and clean sport. For Users who belong to specific International Federations (“IF”) or National Anti-Doping Organizations (“NADO”), successful completion of WADA’s E-Learning Courses on ADeL may be a mandatory condition of participation in the IF or NADO’s competitions or events.
As an Anti-Doping Organization subject to the International Standard for the Protection of Privacy and Personal Information (“ISPPPI”), WADA hereby commits to protecting your personal information in accordance with the ISPPPI, which also applies to your IF and NADO.
You must read and review this Agreement and the following privacy information carefully before creating your ADeL account and commencing any WADA E-Learning Course. By creating your account and commencing a WADA E-Learning Course, you acknowledge that you have read, understood and agreed to this Agreement. You also acknowledge that you have read and understood the information about how your personal information is collected, used and shared in connection with your use of ADeL.
WADA may change this Agreement from time to time, as we deem necessary. If we make changes that we deem material, we will display a notice on the ADeL site and we may also provide you with an opportunity to re-accept the terms of this Agreement.
- Account Activation and Access to WADA’s E-Learning Courses
WADA’s E-Learning Courses may only be accessed by Users with activated accounts. To activate your account, you will need to agree to this Agreement. If your account was created by someone else on your behalf (such as your IF or NADO), we recommend that you promptly change the default password that was created for you on your first log in to the platform.
The information you provide to create and access your account must not include information that you know to be untrue or incorrect. You accept any and all liability for any inaccurate or untruthful information that you provide.
You are entirely responsible for maintaining the confidentiality of your username, password and account, and for taking reasonable precautions to prevent the unauthorized disclosure of your username, password or account information.
You agree to notify WADA immediately of any actual or suspected unauthorized use of your account or any other breach of security relating to your account. WADA will not be liable for any harm or loss that you may incur as a result of your failure to keep your username, password or account secure and confidential, or for suspending or terminating your account as described below. You may be held liable for any harm or loss (including legal fees related to same) incurred by WADA or another party due to someone else using your username, password or account. WADA may immediately suspend or terminate your access to WADA’s E-Learning Course if WADA believes your account is being used by an unauthorized person or if you have not complied with this Agreement or for any other reason in WADA’s sole discretion. You may not use anyone else's account at any time, without the express permission of the account holder.
- Privacy Information
- Categories of Data Concerned
In order to create your account for WADA’s E-Learning Courses on ADeL, you will be asked to provide the following information:
- First and last name;
- A username and password you select;
- Email address;
- Your city and country of residence and sport nationality;
- Your age range;
- Your gender;
- Your sport; and
- Your role (such as an athlete, ADO employee, parent, coach, etc.).
You may also choose to provide us with your federation or organization name and your Athlete ID.
We use this registration information to create and manage your account. Your IF or NADO may also use this information to confirm your completion of WADA E-Learning Courses.
When you take WADA E-Learning Courses, we collect your course subscriptions, test responses, test results, and the completion status with respect to the courses. We use this information to provide you with completion certificates when you successfully pass a course. We may also aggregate this information to conduct research about knowledge and attitudes toward doping. Should WADA provide such information to researchers, WADA shall ensure that it is aggregated and anonymized and that it cannot be associated with an individual.
When you log on to ADeL, we collect certain information about your use of the platform, including your Internet Protocol (IP address), page requests, courses completed, and date and time of access. We use this information to operate the ADeL platform, troubleshoot user issues on the platform, and improve ADeL functionality.
- Safeguards and Retention of your Personal Information
You understand that WADA’s E-Learning Courses are hosted by a service provider on a web-based platform located in Canada. WADA shall take appropriate measures, including administrative, technical, physical and contractual measures, to protect personal information in our custody and control against theft, loss and unauthorized access, use modification and disclosure.
We restrict access to your personal information on a need-to-know basis to employees, authorized service providers, and authorized Anti-Doping Organizations (IFs and NADOs) who require access to fulfill their designated functions.
We have personal information retention processes designed to ensure that we retain your personal information only for as long as necessary for the purposes stated above, considering criteria such as applicable statutes of limitation, legal requirements, and the duration of your use of ADeL. In the event that you delete your WADA E-Learning Course User account, WADA will delete your personal information as soon as reasonably possible and not more than one (1) month following the date on which you delete your account.
- Sharing of Your Information
WADA will not share your personal information with third parties except where required by law or legal process or as otherwise set out herein. WADA may share your personal information between its two offices in Montreal (Canada) and Lausanne (Switzerland), as well as with service providers that process information on WADA’s behalf. WADA uses a service provider to host the ADeL platform.
WADA and its service providers may store information in Canada or Switzerland. Canadian and Swiss data protection and privacy laws have been deemed to provide adequate protection by a number of regional and national data protection agencies, as well as the European Commission. In the event your personal information is transferred to another country, including Canada and Switzerland, it will be subject to the laws of that country and may be disclosed to or accessed by the courts, law enforcement, and other public authorities where required by law or compulsory legal process.
WADA may also share your name, sport, country of residence and whether you have successfully completed any WADA E-Learning Course with any Anti-Doping Organization that has jurisdiction over you in accordance with the relevant Anti-Doping Organization’s Anti-Doping Rules. WADA will only share such information with the aforementioned Anti-Doping Organization(s) upon request from the Anti-Doping Organization(s) and in accordance with the terms of this Agreement.
These Anti-Doping Organizations may be located outside the country where you reside. While the data protection and privacy laws of these countries may not always be equivalent to those in your own country, such Anti-Doping Organizations must abide by strict contractual controls and are responsible for protecting your information in accordance with the ISPPPI.
You may have certain rights under applicable laws and under the ISPPPI, including rights to access and/or correct any inaccurate data, as well as remedies with respect to any unlawful processing of your data.
You understand that if you object to the processing of your personal information for the purposes of creating a WADA E-Learning Course User account and thereby fail to complete WADA’s E-Learning Course(s) as required by your IF or NADO, it may prevent you from being able to compete in International or National-Level Events in accordance with the rules of your IF or NADO.
If you have any questions about how we handle personal information, or have any complaints, please contact us at email@example.com. You may also have the right to lodge a complaint with your national data protection authority.
- No Misuse of WADA’s E-Learning Courses
You may not obtain or attempt to obtain any materials or information from WADA’s E-Learning Course through any means not intentionally made available to you through WADA’s E-Learning Course. You must not attempt to gain, or allow third parties to gain, unauthorized access to WADA’s E-Learning Course, the server on which WADA’s E-Learning Courses are stored or any server, computer or database connected to WADA’s E-Learning Course. You agree not to engage in a denial-of-service attack or a distributed denial-of service attack. You must not take any action that imposes an unreasonably or disproportionately large load on infrastructure used to host WADA’s E-Learning Course. You must not use any device, software or routine to interfere or attempt to interfere with the proper working of WADA’s E-Learning Course or any activity being conducted on or through WADA’s E-Learning Course.
You understand that engaging in any of the above may be a criminal offense under applicable laws. We reserve the right to report any such breach to the relevant law enforcement authorities and we will cooperate with them, including by disclosing your identity to them if necessary. In the event of such a breach, your right to use WADA’s E-Learning Course will cease immediately.
We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of WADA’s E-Learning Course.
- Intellectual Property
WADA’s E-Learning Course code, the content of the database, and WADA's logo, name, and other marks are the property of WADA. No part of WADA’s E-Learning Course may be copied, republished, stored in a retrieval system or otherwise reproduced or transmitted, in any form or by any means whatsoever, without the prior written consent of WADA. Unless otherwise stated, WADA is the owner or licensee of all copyright and other intellectual property rights on WADA’s E-Learning Course, and in the material published on it. All such rights are reserved.
- Limitation of Liability
To the fullest extent permitted by law, WADA and any individual person connected to WADA and any party involved in creating, producing or delivering WADA’s E-Learning Course hereby excludes:
- all conditions, warranties and other terms that might otherwise be implied by statute, common law or the law of equity; and
- any and all liability for any claims, loss, demands or damages of any kind whatsoever including, without limitation, direct, indirect, incidental or consequential loss or damage incurred by you in connection with the use, inability to use, or that results from the use of WADA’s E-Learning Course, whether arising from loss of business, loss of profits, loss of income or revenue, loss of data, loss of goodwill, wasted management or office time, and for any other loss or damage of any kind, however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable.
This does not affect our liability for death or personal injury arising from our negligence, nor our liability for fraudulent misrepresentation or misrepresentation as to a fundamental matter, nor any other liability which cannot be excluded or limited under applicable law.
You agree to indemnify, defend and hold harmless WADA, its officers, directors, employees, agents, suppliers and third-party partners from and against all liabilities, losses, expenses, damages and costs, including reasonable legal fees, claims, demands and proceedings whatsoever, howsoever arising, resulting from or in connection with any violation by you of this Agreement.
- Breach of this Agreement
We will determine, in our discretion, whether there has been a breach of this Agreement through your or another party’s use of WADA’s E-Learning Course. When a breach of this Agreement has occurred, WADA may take such action as we deem appropriate, including, for example, withdrawing your right to use WADA’s E-Learning Course; taking legal action against you; or disclosing such information to law enforcement authorities as we feel is reasonably necessary.
If any of these terms and conditions or any provisions of this Agreement are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions, which will continue to be valid to the fullest extent permitted by law.
- Governing Legislation
Your use of WADA’s E-Learning Course and this Agreement will be governed by, and construed in accordance with, the laws of Canada and the applicable laws of the Province of Québec, with the exclusion of its principles of conflicts of laws. Any litigation, dispute or claim arising from or related to the use of WADA’s E-Learning Course shall be submitted exclusively to the Court of Arbitration for Sport in Lausanne, Switzerland, and resolved in accordance with the Code of sports-related arbitration.