Welcome to Rowsandall

Welcome to Rowsandall. We want you to know and understand your rights and our rights relating to the provision of the Services (as defined below). Please review them carefully. Here are a few highlights:

• Your privacy is critically important to us. See how we collect and use your personal information in our Privacy Policy
• You can cancel your membership or delete your account at any time.
• You own your content, but give us a right to use it
• We expect our members to act with respect and we can cancel your account if you act inappropriately
• Rowsandall is not liable for your activities and no warranties are made by Rowsandall
• We can cancel your account if you act inappropriately.
• We offer paid plans with extended functionality. These are governed by our refund policy.
• There are easy ways to reach us if you have questions or need help.

Terms and Conditions

Credit

This document was created using a Contractology template available at http://www.freenetlaw.com..

Introduction

These terms and conditions govern your use of this website; by using this website, you accept these terms and conditions in full. If you disagree with these terms and conditions or any part of these terms and conditions, you must not use this website.

This website uses cookies. By using this website and agreeing to these terms and conditions, you consent to our rowsandall.com’s use of cookies in accordance with the terms of rowsandall.com’s privacy policy.

License to use website

Unless otherwise stated, rowsandall.com and/or its licensors own the intellectual property rights in the website and material on the website. Subject to the license below, all these intellectual property rights are reserved.

You may view, download for caching purposes only, and print pages from the website for your own personal use, subject to the restrictions set out below and elsewhere in these terms and conditions.

You must not:

• republish material from this website (including republication on another website);
• sell, rent or sub-license material from the website;
• reproduce, duplicate, copy or otherwise exploit material on this website for a commercial purpose;
• redistribute material from this website except for content specifically and expressly made available for redistribution.

Acceptable use

You must not use this website to copy, store, host, transmit, send, use, publish or distribute any material which is illegal, obscene, defamatory, threatening, harassing, abusive, or hateful or that advocates violence.

You must not use this website in any way that causes, or may cause, damage to the website or impairment of the availability or accessibility of the website; or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.

You must not use this website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software.

You must not conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to this website without rowsandall.com’s express written consent.

You must not use this website to transmit or send unsolicited commercial communications.

Restricted access

Access to certain areas of this website is restricted. rowsandall.com reserves the right to restrict access to areas of this website, or indeed this entire website, at rowsandall.com’s discretion.

If rowsandall.com provides you with a user ID and password to enable you to access restricted areas of this website or other content or services, you must ensure that the user ID and password are kept confidential.

rowsandall.com may disable your user ID and password in rowsandall.com’s sole discretion without notice or explanation.

User content

In these terms and conditions, your user content means material (including without limitation text, images, audio material, video material and audio-visual material) that you submit to this website, for whatever purpose.

You grant to rowsandall.com a worldwide, irrevocable, non-exclusive, royalty-free license to use, reproduce, adapt, publish, translate and distribute your user content in any existing or future media. You also grant to rowsandall.com the right to sub-license these rights, and the right to bring an action for infringement of these rights.

Your user content must not be illegal or unlawful, must not infringe any third party’s legal rights, and must not be capable of giving rise to legal action whether against you or rowsandall.com or a third party (in each case under any applicable law).

You must not submit any user content to the website that is or has ever been the subject of any threatened or actual legal proceedings or other similar complaint.

rowsandall.com reserves the right to edit or remove any material submitted to this website, or stored on rowsandall.com’s servers, or hosted or published upon this website.

Notwithstanding rowsandall.com’s rights under these terms and conditions in relation to user content, rowsandall.com does not undertake to monitor the submission of such content to, or the publication of such content on, this website.

No warranties

This website is provided as is without any representations or warranties, express or implied. rowsandall.com makes no representations or warranties in relation to this website or the information and materials provided on this website.

Without prejudice to the generality of the foregoing paragraph, rowsandall.com does not warrant that:

• this website will be constantly available, or available at all; or
the information on this website is complete, true, accurate or non-misleading.

Nothing on this website constitutes, or is meant to constitute, advice of any kind. If you require advice in relation to any legal, financial or medical matter you should consult an appropriate professional.

Limitations of liability

rowsandall.com will not be liable to you (whether under the law of contact, the law of torts or otherwise) in relation to the contents of, or use of, or otherwise in connection with, this website:

• for any indirect, special or consequential loss; or
• for any business losses, loss of revenue, income, profits or anticipated savings, loss of contracts or business relationships, loss of reputation or goodwill, or loss or corruption of information or data.

These limitations of liability apply even if rowsandall.com has been expressly advised of the potential loss.

Exceptions

Nothing in this website disclaimer will exclude or limit any warranty implied by law that it would be unlawful to exclude or limit; and nothing in this website disclaimer will exclude or limit rowsandall.com’s liability in respect of any:

• death or personal injury caused by rowsandall.com’s negligence;
• fraud or fraudulent misrepresentation on the part of rowsandall.com; or
• matter which it would be illegal or unlawful for rowsandall.com to exclude or limit, or to attempt or purport to exclude or limit, its liability.

Reasonableness

By using this website, you agree that the exclusions and limitations of liability set out in this website disclaimer are reasonable.

If you do not think they are reasonable, you must not use this website.

Other parties

You agree that the limitations of warranties and liability set out in this website disclaimer will protect rowsandall.com’s officers, employees, agents, subsidiaries, successors, assigns and sub-contractors as well as rowsandall.com.

Unenforceable provisions

If any provision of this website disclaimer is, or is found to be, unenforceable under applicable law, that will not affect the enforceability of the other provisions of this website disclaimer.

Indemnity

You hereby indemnify rowsandall.com and undertake to keep rowsandall.com indemnified against any losses, damages, costs, liabilities and expenses (including without limitation legal expenses and any amounts paid by rowsandall.com to a third party in settlement of a claim or dispute on the advice of rowsandall.com’s legal advisers) incurred or suffered by rowsandall.com arising out of any breach by you of any provision of these terms and conditions, or arising out of any claim that you have breached any provision of these terms and conditions.

Breaches of these terms and conditions

Without prejudice to rowsandall.com’s other rights under these terms and conditions, if you breach these terms and conditions in any way, rowsandall.com may take such action as rowsandall.com deems appropriate to deal with the breach, including suspending your access to the website, prohibiting you from accessing the website, blocking computers using your IP address from accessing the website, contacting your internet service provider to request that they block your access to the website and/or bringing court proceedings against you.

Variation

rowsandall.com may revise these terms and conditions from time-to-time. Revised terms and conditions will apply to the use of this website from the date of the publication of the revised terms and conditions on this website. Please check this page regularly to ensure you are familiar with the current version.

Assignment

rowsandall.com may transfer, sub-contract or otherwise deal with rowsandall.com’s rights and/or obligations under these terms and conditions without notifying you or obtaining your consent.

You may not transfer, sub-contract or otherwise deal with your rights and/or obligations under these terms and conditions.

Severability

If a provision of these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect. If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.

Termination

You agree that Rowsandall may, under certain circumstances and without prior notice, immediately terminate your account and/or access to the site. Cause for such termination shall include, but not be limited to, (a) breaches or violations of the Terms or other incorporated agreements, policies, or guidelines, (b) requests by law enforcement or other government agencies, (c) a request by you (self-initiated account deletions), (d) discontinuance or material modification to the services (or any portion thereof), (e) unexpected technical or security issues or problems, f) extended periods of inactivity, and/or (g) nonpayment of any fees owed by you in connection with the Services. Termination of your account may include (x) removal of access to all offerings within the Services, (y) deletion of your information, files and Content associated with your account, and (z) barring of further use of the Services. Further, you agree that all terminations for cause shall be made in Rowsandall’s sole discretion and that Strava shall not be liable to you or any third party for any termination of your account or access to the Services. The following Sections shall survive termination of your account and/or the Terms: Member Content Submitted to the Services, Proprietary Rights, Your Feedback, Disclaimer of Warranties and Liability, Indemnity, Applicable Laws and General.

Entire agreement

These terms and conditions constitute the entire agreement between you and rowsandall.com in relation to your use of this website, and supersede all previous agreements in respect of your use of this website.

Law and jurisdiction

These terms and conditions will be governed by and construed in accordance with Czech Law and any disputes relating to these terms and conditions will be subject to the exclusive jurisdiction of the courts of The Czech Republic.

rowsandall.com’s details

The rowsandall.com site is owned by Rowsandall s.r.o., Nové sady 988/2, Staré Brno, 602 00 Brno, Czech Republic (company identification number 070 48 572)

You can contact rowsandall.com by using the email contact form.

Fees and Payments for Purchased Services

Thank you for shopping at Rowsandall.

Digital products

Recurring payments are always paid in full for the entire duration of the plan and are automatically renewed at the end of the plan. At any time during the duration of the plan, you can cancel the recurring payment.

If you are not 100% satisfied with your purchase, you can get a refund or exchange the product for another one.

You can return a product for up to 30 days from the date you purchased it. To be eligible for a refund, you need to contact us using the contact information below. To improve our service, we ask you to explain how the product did not meet your expectations. If your refund is approved, we will initiate a refund to your credit card (or original method of payment). You will receive the credit within a certain amount of days, depending on your card issuer's policies.

We recommend contacting us for assistance if you experience any issues receiving our products.

Upgrades and Downgrades, Cancellations

Upgrades and downgrades between paid plans are effective immediately, but the billing cycle is not changed. Upgrades are charged a pro-rated amount for the current billing cycle. Downgrades will result in a credit on our accounts, leading to a lower charge at the beginning of the subsequent billing cycle.

With the exception of an approved refund within 30 days of purchase (see above), we do not issue refunds upon cancellation of the plan. If you are eligible for a refund, contact us within 30 days of your purchase.

Contact us

If you have any questions about our Returns and Refunds Policy, please contact us:

• By email: support@rowsandall.com

Privacy Policy

Personal information collection

At rowsandall.com we take your privacy very seriously. In order to provide access to the service we must collect and store some personal information about you.

Children under 16 years of age are not permitted to access the services provided by rowsandall.com. By agreeing to this privacy policy you are also agreeing that you are 16 years of age or older.

What is collected? Rowsandall.com may collect and use the following kinds of information:

• information about your use of this website
• information that you provide for the purpose of registering with the website
• information about transactions carried out over this website
• information that you provide for the purpose of using this website, for instance heart rate band and weight information.
• any other information that you send to rowsandall.com

Basic profile information is collected from you when you create your account including your full name and email address. As you use the site, information about the users, workouts, charts and other resources you interact with will also be stored and linked to your profile information.

Explicitly, the following information is collected:

• User name, email address, encrypted password (PBKDF2 algorithm with a SHA256 Hash and a password stretching mechanism recommended by NIST).
• Your birth date.
• Your user consent to these GDPR compliance policies, and the date at which you consented. Without this consent, the site cannot be used.
• Weight category. With individual workouts, you may record your actual weight during the workout.
• Your gender, if you decide to provide it.
• Heart rate zones you define. Only the actual values are stored. We do not keep records of their evolution.
• Power zones and Functional Threshold power. Only the actual values are stored. We do not keep records of their evolution.
• Parameter values used to construct your Critical Power curve (OTW and OTE).
• User preferences, such as the buttons and functionalities defined in the Workflow left panel and right panel.
• Tokens and their expiry dates used for sharing data with other fitness sites. You can actually revoke these at any time.
• User preferences as shown on the user settings page
• Your favorite Flex Charts if defined
• The teams or groups you are a member of.
• Estimated four minute, 2k and 1 hour ergometer and OTW power values, based on the workouts you upload, and their evolution during your usage of the site
• For members on the Coach plan, the names and purposes of teams or groups. Names of team or group members. (Members who delete their account will be erased from existing teams or groups.)
• Any rowing courses you uploaded
• Training targets and training plans
• Your uploaded workouts, their names, boat type, start time and date, time zone information, total distance, duration, weight, average and maximum heart rate, and references to their locations on third party sites, rigging parameters (if provided), summary information, any notes you made, privacy status and ranking piece status.
• Stroke data, including, for each stroke, time, heart rate, pace, stroke rate, work per stroke, power, average and peak force, drive length, distance, drive speed, catch and finish angles, slip, wash, peak force angle, effective angle, rhythm, efficiency and distance per stroke, as well as any other data in the data files you shared to rowsandall.com
• Images created on the site, from your rowing data, or uploaded to the site.
• Comments you make to your and other people's workouts

Who can I contact?

The data protection officer for rowsandall.com is Sander Roosendaal and he may be contacted at support@rowsandall.com.

Notifications and Email Policy

Some actions on the site result in an individual email sent to you.

We will rarely use mass email to communicate to all our users. These cases are limited to substantial changes in terms and conditions and other announcements impacting the terms on which you use the site. We will it is important to get these messages to you. If you do not with to receive such emails, you can indicate so in the user settings ("Get Important Emails" under "Account Information").

Other site related communication (new features, outages, bugs, price changes) are communicated through announcements on the website, through Twitter, Facebook and our blog posts.

Membership Cancellation and Data Deletion

If you have previously consented to allow rowsandall.com to store and process your personal data in accordance with this privacy policy, and you wish to withdraw your content, you can do one of the following:

• Send an email to support@rowsandall.com requesting to withdraw consent and remove your data
• Delete your account using the red button on the user settings page.

All the data mentioned in the previous section are stored in files and in a database, hosted on our hosting provider's servers. Our hosting provider is creating backups of those data. The database backups are retained for 7 days. File backups are retained for 30 days. However, the file names or content do not contain any links to the users. The link to the file is stored under the user data in the database, so once a database entry is removed, there is no way to link a file with data to a particular user.

When a user requests deletion of the data, his account and all data linked to his account are removed from the database and the files are deleted. This includes all data mentioned in the previous section. In backups, database entries will be removed after 7 days and files after 30 days.

Data deletion can be initiated by the user through the button on the user settings page.

Data Security

The site uses SSL to encrypt data transferred between the server and the client (web browsers, mobile apps, third party sites). Any forms are secured from Cross Site Request Forgery (CSRF) using Django's CSRF middleware.

We have a double defense against reading or editing of personal data. First, we ensure that all "protected" views are only visible to logged-in users. Only logged-in users have buttons leading to the private parts of the site. As a second step, protecting against guessing of URL, before serving data from the database, we check explicitly that the data is owned by the user in question, redirecting unauthorized requests to a "Permission Denied" page. Private data is collected through POST requests to prevent them from being visible in URL data.

rowsandall.com will take reasonable technical and organisational precautions to prevent the loss, misuse or alteration of your personal information.

In case of loss, misuse or alteration of your personal information, we will inform you without undue delay and take measures to prevent further misuse. In particular, we will deactivate your account, which will not delete the data but make them inaccessible even for people who obtained the password (including yourself). We will await your instructions. If no instructions are received within 7 days of contacting you, your account and all your data will be removed.

Who is my data shared with?

Only the data owner and the site administrator can edit and/or delete the data. Per our data policy, the site administrator will not alter or delete any data owned by users, unless requested so. As data are not stored on servers that are physically owner by us, or by our hosting provider, but we use rented server space, we are technically sharing the information to agents or sub-contractors.

Where rowsandall.com discloses your personal information to its agents or sub-contractors for these purposes, the agent or sub-contractor in question will be obligated to use that personal information in accordance with the terms of this privacy statement. Our hosting provider is based in the European Union and is bound by the same GDPR regulation as we are.

In addition to the disclosures reasonably necessary for the purposes identified elsewhere above, rowsandall.com may disclose your personal information to the extent that it is required to do so by law, in connection with any legal proceedings or prospective legal proceedings, and in order to establish, exercise or defend its legal rights.

Workout data and charts based on workout data can be shared to anyone by sharing the URL. Workouts have an option to be set to "private", in which case the data are not visible to anyone except the owner. The site is not searchable for data other than your own data, so there is no way for other people to track your workouts, unless you share them.

Cross-border data transfers. Information that rowsandall.com collects may be stored and processed in and transferred between any of the countries in which rowsandall.com operates to enable the use of the information in accordance with this privacy policy. In addition, personal information that you submit for publication on the website will be published on the internet and may be available around the world. You agree to such cross-border transfers of personal information.

Payment Information

We use PayPal and Braintree (a PayPal service) to process payments. Your payment information, such as credit card information, is not stored on our servers, but is stored in a secure vault at our payment processors PayPal and Braintree, and processed and controlled by them.

Team Or Group Functionality

On rowsandall.com, users with the paid "Coach" plan can establish teams or groups and invite other users to become part of the team or group. The purpose of a team or group is to share workout and training plan data between the coach and the team or group members. In terms of sharing behavior, there are two types of teams or groups:

• "All Members" - This is the default team or group type. All members can see workouts of all other members, except those workouts that the members have marked as "private".
• "Coach Only" - With this setting, each individual team or group member is sharing his workout data only with the team or group manager. Other members cannot see his workouts.

By accepting an "invitation" to become a member of a team or group, or by requesting to become part of a team or group, you agree to automatically share all your workout data (including workouts done prior to becoming a member of the team or group) to the team or group manager (coach) and, depending to the team or group policy, to other members of the team or group. When you leave a team or group, all your workout data will immediately become invisible to those who had access to it during your team or group membership, including workouts that cover the period of time when you were member of the team or group. As a member of a team or group, you may grant the team or group manager permission to edit workout data on your behalf, including the creation of charts and cross workout analysis. This includes permission to edit your heart rate and power settings, as well as functional threshold information and the account information accessible on your settings page under the header "Account Information". The team or group manager is not able to access or change your passwords, team or group memberships, favorite charts, export settings, workflow layout, or secret tokens. Also, the team or group manager is not able to download all your data, nor can he deactivate or delete your account.

Each team or group member is bound by this privacy policy and the GDPR regulation of the European Union regarding the personal data of other team or group members that he has access to. By accepting an invitation to a team or group, the new member agrees to limit the use of these data strictly to the allowed use according to this privacy policy and the GDPR.

Team Or Group managers can access requests of users to be added to one of their teams or groups. He can request or receive permission to edit an athlete's data and run analysis on an athlete's behalf as described above. By requesting or receiving these permissions, the manager accepts the responsibilities and duties associated with access to personal data of the new team or group member. He is bound by this privacy policy and the GDPR regulation of the European Union regarding the personal data that he has access to.

In case that a team or group manager wants to change the sharing behavior of one of his teams or groups from "Coach Only" to "All Members", he has to inform all impacted team or group members in due time. He shall give team or group members a minimum of three days to decide whether they agree with the new sharing policy, and collect the consent of the team or group members with the new sharing policy. The team or group manager must remove team or group members who did not give their active consent to the new policy from his team or group. If a team or group member has not responded within 7 days of being notified, the team or group manager will understand this as "no consent" and remove the team or group member.

When notified of a change in team or group sharing behavior by the team or group manager, the team or group member has to decide whether he agrees. In case of disagreement, he shall revoke his team or group membership within less than 7 days of being notified.

Third Party Sharing

This site offers functionality to synchronize your data with other fitness sites. By clicking on the share or connect button (link, or equivalent) you agree to share information between rowsandall.com and the other website. Rowsandall.com is not responsible for the privacy policies or practices of any third party. Sharing the data to third party sites is at your own risk and you should ensure that the third party has suitable GDPR compliant measures in place.

Inactive Users - accounts are deleted after 18 months

If a user is not active on the site for 12 months, we will make deactivate the account. After 18 months, the account is deleted.

Duration of consent

The data will be retained for the duration of the owner's membership, or 18 months after the user's last activity on the site.

Data portability

Through the "download your data" link on the user settings page, each user can download all workout data. Stroke data can be downloaded through links in the downloaded workout data file.

Your personal data are shown on the user settings page. Send an email to support@rowsandall.com if you wish to obtain a full record of all the personal data relating to you that has been collected in accordance with this privacy policy.