WADA E-LEARNING COURSE END-USER AGREEMENT
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 E-Learning Courses.
WADA’s E-Learning Courses are 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 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 protect your Personal Information in accordance with the ISPPPI, which also applies to your IF and NADO.
You must read and review this Agreement carefully before creating your 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. If you do not agree to these terms, you may not activate your WADA E-Learning account, access or use any E-Learning Course.
WADA reserves the right to change this Agreement from time to time, as it deems necessary. In addition, your continued access or use of WADA’s E-Learning Courses is deemed to be your acceptance of any changes to 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. You may then need to change the default password that was attributed to you.
The information you provide to create and access your account must not intentionally include information that you know not to be true. 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 inadvertent disclosure of your username, password or account information.
You agree to notify WADA immediately of any unauthorized use of your account or any other breach of security. WADA will not be liable for any loss that you may incur as a result of someone else using your username, password or account, either with or without your knowledge. 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 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.
Use and Retention of Personal Information
Categories of Data Concerned
When you create an account for WADA’s E-Learning Courses, you must provide the following information which shall be considered Personal Information for the purposes of this Agreement:
Storage 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 have the right to select which service provider it uses for the hosting of WADA’s E-Learning Courses.
WADA shall take all appropriate measures, including contractual measures, to ensure that such service provider offers a high level of technical and organizational security to protect all Personal Information that is provided to create your WADA E-Learning Course user account.
Retention of WADA E-Learning Course Data
WADA shall retain the responses that you provide while completing any of WADA’s E-Learning Courses for a period of  years (hereinafter “WADA E-Learning Course Data”) unless you expressly revoke your consent in this regard. WADA shall retain your WADA E-Learning Course Data for research purposes only, as more fully described below in Section E, and shall ensure that such data remains anonymous and that it cannot be associated with your identity.
WADA shall retain your WADA E-Learning Course Data on a web-based platform located in Canada. Technological, organizational and other security measures have been applied to WADA’s E-Learning Course to maintain the security of any data entered. In addition, WADA and Anti-Doping Organizations have put in place internal and contractual guarantees to ensure that your data remain confidential and secure.
In the event that you delete your WADA E-Learning Course User account, WADA will delete your Personal Information, your score(s) achieved for any WADA E-Learning Course(s) that you have completed, and information related to whether you have successfully completed any particular WADA E-Learning Course(s). WADA shall delete your Personal Information as soon as reasonably possible after you have deleted your WADA E-Learning Course User account, and not more than one (1) year following the date on which you delete your WADA E-Learning Course User account.
Consent to Use WADA E-Learning Course Data
Your WADA E-Learning Course DATA may be used to assess your knowledge and attitude toward doping for research purposes. Should WADA provide such data to researchers, WADA shall ensure that your responses are anonymous and that they cannot be associated with your identity.
Consent to Transfer Information related to WADA E-Learning Courses
You hereby consent to allow WADA to 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.
Where this occurs, such Anti-Doping Organizations also must abide by strict contractual controls and will be responsible for protecting your information in accordance with applicable laws and the ISPPPI. WADA and the aforementioned Anti-Doping Organizations will not disclose any of your data other than to authorized persons within their organizations on a need-to-know basis.
Your WADA E-Learning Course data may be shared with Anti-Doping Organizations located outside the country where you reside. The data protection and privacy laws of these countries may not always be equivalent to those in your own country. In any case, Anti-Doping Organizations have to comply 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 and remedies with respect to any unlawful processing of your data.
Right to Object
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 consequently 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.
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 unauthorised 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 must not attack WADA’s E-Learning Course via 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.
By breaching this provision, you may commit 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.
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 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 reasonably feel is 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.
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.
I hereby indicate that I have read and agree to the terms of this Agreement;
However, I do not want WADA to retain my WADA E-Learning Course Data for research purposes as indicated in Section D of this Agreement.