Legal policies

TERMS OF USE

Welcome to Tough Mudder Limited’s website: ToughMudder.co.uk (the “Website”). What follows are the terms of use for our site and everything on it. These terms (the “Terms of Use”) are a legal agreement between you and Tough Mudder Limited (“Tough Mudder”, “us”, “we”, “our”) [a company registered in England and Wales under registered number 07202563 with its registered office at Abacus House, 33 Gutter Lane, London EC2V 8AR. Our VAT number is 121556342.

 

1. AGREEMENT TO TERMS OF USE

Please read these Terms of Use carefully. By accessing our Website, you are explicitly acknowledging that you have read and understand these Terms of Use and you agree to be bound by them. If you do not agree to these Terms of Use, you are not authorized to use this Website. Tough Mudder reserves the right to change these Terms of Use at any time. You are responsible for checking these Terms of Use periodically for changes. Your continued use of the Website after Tough Mudder has made changes will mean that you agree to the changes.

We recommend you save and/or print a copy for your records. If you have any difficulty doing so, please email us at support@toughmudder.com.

2. PRIVACY POLICY

In addition to these Terms of Use, our Website is also subject to our Privacy Policy and Cookies Policy, which is expressly made a part of our agreement with you and sets out how we will process your personal information. When you agree to these Terms of Use, you also agree to our Privacy Policy and Cookies Policy. It is important that you read the Privacy Policy and Cookies Policy and only use the Website if you understand and agree to be bound by our Privacy Policy and Cookies Policy.

 

3. SORRY KIDS

This Website is not for children under 13. We do not knowingly request or solicit personally identifiable information from anyone under the age of 13, nor do we communicate with children under 13 by email, phone or in any other manner without the express written consent of their parent or guardian. If we become aware that we have received personal information from a child under 13, we will delete that information as quickly as is reasonably possible and cease further communication with such individual.

 

4. SITE FEATURES

(a) General Information. Our Website is primarily meant to provide you with information about Tough Mudder events and about our company. While we try to keep our Website up-to-date and accurate, we take no responsibility for any incorrect information on the Website.

 

(b) Your Submissions. Our Website may also include: surveys to help us learn about you or your interest in volunteering at an event, hosting an event, or being part of a news story about an event; newsletter sign-up; and a poster request form. We do not guarantee any confidentiality or anonymity with respect to any information you provide to us. By submitting information, photos or other materials to us through the website or via email, you expressly: 1) give us permission to use such materials for any purpose; and 2) represent and warrant that you are the owner of such materials have the right to permit us to use them for any purpose. For example, if you fill out our Media Profile survey and email us your photo, we we have your permission to (among other things): shop your story and photo to any media outlets we choose, put such media outlet(s) in touch with you, and we have your permission to use your materials (including, without limitation, your photo and story and any other materials submitted) and grant others to use the foregoing materials.

 

(c) Event Registration (Participant and Spectator). Signing-up to participate in or watch an event requires the creation of an account and registration through Active.com, a third party website owned and operated by Active.com. The information you provide to Active.com to register for a Tough Mudder event will be shared with us and used by us in accordance with our Privacy Policy, butActive.com may have its own terms of use and privacy policy. We are not responsible for your Active.com account and you must contact Active.com. for any issues with your Active.com account. Please review our Privacy Policy for more on how we use registration information received from you.

 

(d) Other Third Party Sites. In addition to Active.com, our Website may contain links to other third-party websites that are not owned or controlled by us. Links do not imply that we are, or our website is, affiliated to or associated with such sites. We are not responsible for the content, products, services, policies, or practices of any third-party website(s). By visiting those sites, you may be subject to the privacy policies and/or terms and conditions of use that may apply to such website(s) and we recommend that you read those terms and policies before proceeding.

5. OWNERSHIP

(a) Ours. Our Website and all information, images, photographs and other content displayed on the Website (“Material(s)”) are protected by certain rights. These rights include all patents, rights to inventions, copyright and related rights, moral rights, trademarks and service marks, business names and domain names, goodwill and the right to seu for pasing off or unfair competition, rights in design and all other intellectional proprery rights, in each case whether registered or unregistered (“Rights”). These Rights either belong directly to Tough Mudder or are licensed to use from their respective owners or licensors. You may only view, print out and use the Website and the Materials for your own personal, non-commercial use. We expressly reserve all rights, in and to the Website and the Materials and your use of the Website and the Materials is subject to the following restrictions. You must not:

• remove any copyright or other proprietary notices contained in the Materials;
• use any Materials from our Website in any manner that may infringe any of our rights or the rights of a third party; or
• reproduce, modify, display, perform, publish, distribute, disseminate, broadcast, frame, communicate to the public or circulate to any third party or exploit our Website and/or the Materials in any way, including for any commercial purpose, without our prior written consent.

 

Use of our Tough Mudder Material for any purpose without first obtaining our express written permission may be a violation of our copyright and/or other proprietary rights. We and our licensors reserve the right to exercise all rights and remedies available in respect of any infringement of rights in the Website or the Tough Mudder Materials accessible on it.

 

[(b) Yours. You retain ownership rights in anything you submit to us through our Website or email. However, when you submit materials to us (e.g. information, photos, videos or other materials), you grant us a free, worldwide, perpetual right to modify, reproduce, distribute, publicly display and perform the materials you have submitted, including, without, limitation, your name and likeness, and allow others to do the same for any purpose, including, without limitation, commercial purposes. You agree that you will not receive any compensation whatsoever for the aforementioned usage, and you are not entitled to make any claim in connection with our exercise of the permissions you have granted us, including, without limitation, claim(s) based on invasion of privacy, idea misappropriation, other violation of your civil rights, or defamation.]

6. RESTRICTIONS ON USE

We give you permission to use our Website so long as you abide by these Terms of Use and our Privacy Policy and do not:

• use the materials on the Website for any commercial purpose;
• use the Website or its content for any illegal purpose;
• attempt to gain unauthorized access to any other user’s computer systems or networks associated with the Website;
• modify or attempt to modify or in any way tamper with Website;
• use the Website or any of any of its content in a way that may infringe upon the intellectual property other rights of any third party, including, without limitation, trademark, copyright, right of privacy or right of publicity; or
• interfere with or disrupt networks connected to the Website or violate the regulations, policies or procedures of such networks.

7. MEDICAL TREATMENT

The Website is provided for your convenience. You should not rely on information provided on this Website as a substitute for professional medical advice, diagnosis, or treatment and nothing on this Website creates a physician-patient relationship. Do not disregard, avoid or delay obtaining medical advice or seeking emergency care. We recommend you take further advice or guidance before taking any action based on information contained on or generated by our Website.

 

8. TERMINATION

We reserve the right to suspend or terminate your access to the Website at anytime if we suspect that your use of the Website or its content may be unlawful, violate the rights of third parties or any of the terms of these Terms of Use or our Privacy Policy and we will not be lable for any resulting loss of damage to the fullest extent permissible by law.

 

9. YOUR LIABILITY TO US.

If anyone brings a claim against us related to your actions or use of the Website or any materials submitted by you through the Website, by email or otherwise, you agree to compensate us for all damages, losses, and expenses of any kind (including, without limitation, legal fees and disbursements) related to such claim.

 

10. DISCLAIMERS

(a) You acknowledge that we cannot guarantee that our Website will:

• stay the same as we might change or remove it or make access to it subject to registration or charges;
• be compatible with all or any hardware or software which you may use;
• be available all the time or at any specific time;
• be accurate and up to date; or
• be error-free or free of viruses, electronic bugs, Trojan horses or other harmful components and you must take your own precautions accordingly.

 

(b) You also acknowledge that:

• we cannot guarantee the speed or security of the Website; and
• we will not be responsible for any damage or loss you may suffer directly or indirectly as a result of any virus attack that can be traced to our Website to the fullest extent permissible by law.

11. LIMITATION OF LIABILITY

(a) To the extent permitted by law, we exclude all conditions, warranties, representations or other terms which may apply to our Website or any Materials on it, whether express or implied.

(b) We are only liable to you in connection with your use of our Website for losses which you suffer as a direct result of our breach of these Terms and Conditions. We shall not be liable for any indirect, special, incidental or consequential damage or loss or for any business losses that you may incur, including but not limited to lost data, lost profits or business interruption.

(c) Tough Mudder is not liable for any Materials posted by other users and which are available on the Website. In the event that you believe such Materials infringe any Rights, or are illegal, then you should contact us [as explained above] so that we may investigate.

(d) We do not exclude our liability (if any) to you for:

• Personal injury or death resulting from our negligence;
• Fraud or Fraudulent misrepresentation; or
• Any matter for which it would be illegal for us to exclude or to attempt to exclude our liability.

12. MISCELLANEOUS

These Terms of Use, our Privacy Policy and our Cookies Policy make up the entire agreement between you and us regarding the Website, and supersedes any prior agreements. If any part of these Terms of Use and/or Privacy Policy and/or Cookies Policy is found to be unenforceable, the remaining portion will remain in full force and effect. If we fail to enforce these Terms of Use and/or Privacy Policy, such failure will not be considered a waiver. These ese Terms of Use, our Cookies Policy and/or our Privacy Policy do not confer onto any third party any beneficiary right(s) which are are fully transferable and assignable solely by us, our transferees and assigns. Any terms of these Terms of Use and/or Privacy Policy and/or Cookies Poliyc that were, by their nature, intended to survive termination of these Terms of Use and/or Privacy Policy and/or Cookies Policy will survive. These Terms of Use, our Cookies Policy and our Privacy Policy shall be interpreted in accordance with the laws of England and Wales and the English Courts will have exclusive jurisdiction for any action under these Terms of Use, Cookies Policy and/or Privacy Policy. In connection with the Tough Mudder events, in the event of any conflict between these these Terms of Use, Cookies Policy and/or Privacy Policy and the terms and conditions contained in Tough Mudder Participant Waiver, the terms of the Participant Waiver will prevail.

 

TOUGH MUDDER® is a trademark of Tough Mudder Ltd., Tough Mudder Limited’s parent company. Our trademarks may not be used in connection with any product or service that is not Tough Mudder Ltd.’s, in any manner that is likely to cause confusion among consumers, or in any manner that disparages or discredits Tough Mudder Ltd.

 

Last updated: January 27, 2014

 

PRIVACY POLICY

Please note that this Policy is made in parallel to the Terms of Use and Privacy Policy (collectively, the “Legal Terms”). To the extent the terms of this Policy or the General Data Protection Regulation (EU) 2016/679 (“GDPR” and collectively with this Policy, the “EU Policies”) conflict with any terms of the Legal Terms, the terms of the EU Policies shall control.

 

Tough Mudder Incorporated and its affiliated entities (collectively, “TM”, “we”, “us”, and “our”) value the privacy of those who provide personal information to us. This privacy policy (the “Policy”) describes how and why we collect, store and use personal information, and provides information about individual’s rights.

 

This Policy applies to both personal information supplied to us either by an individual or by others. We may use personal information supplied to us for any of the purposes as set out in this Policy, or as otherwise disclosed at the point of collection.

 

This Policy is an important document. We recommend that you read it carefully and print and keep a copy for your future reference.

In this Policy, we use the terms:

• “Data Controller” shall mean the TM acting as the data controller as prescribed by GDPR
• “Personal Information” is any information relating to an identified or identifiable natural person;
• “identifiable natural person” is one who can be identified, directly or indirectly, in particular by reference to an identification number or to one or more factors; and
• “you” and “your” (and other similar terms) refer to our customers, job applicants, staff and visitors to the TM websites.

 

YOUR RIGHTS IN RELATION TO PERSONAL INFORMATION AND HOW TO EXERCISE THEM

Under certain circumstances you have the following rights:

• the right to ask us to provide you, or a third party, with copies of the Personal Information we hold about you at any time and to be informed of the contents and origin, verify its accuracy, or else request that such information be supplemented, updated or rectified according to the provisions of local law;
• the right to request erasure, anonymisation or blocking of your Personal Information that is processed in breach of the law;
• the right to object on legitimate grounds to the processing of your Personal Information. In certain circumstances we may not be able to stop using your Personal Information, if
• that is the case, we’ll let you know why; and
• withdrawal of consent – while we do not generally process Personal Information on the basis of consent when Personal Information is processed on the basis of consent an individual may withdraw consent at any time (this may apply to processing of special categories of Personal Information where you have instructed us to act on your behalf and includes the following: racial/ethnic origin, political opinions, religious or philosophical beliefs and trade union membership). In the event that you no longer want to receive any marketing material from us, please use the unsubscribe option (which is in all of our marketing emails to you), or contract the relevant Data Controller as set out below.

 

To exercise such rights and if you have any questions about how we collect, store and use Personal Information, then please contact us using the details as set out in the “Data Controller contact information” section below or use the form entitled “Data Subject Access Request and Customer Consent Removal Form” located at TM’s legal policies webpage.

 

WHAT BASIS DO WE HAVE FOR PROCESSING YOUR PERSONAL INFORMATION?

We will only process personal Information where we have a lawful reason for doing so. The lawful basis for processing Personal Information by us will be one of the following:

• the processing is necessary for the performance of a contract you are party to or in order to take steps at your request prior to you entering into a contract;
• the processing is necessary in order for us to comply with our legal obligations (such as compliance with anti-money laundering legislation);
• the processing is necessary for the pursuit of our legitimate business interests (including that of the delivery and the promotion of our services); and
• processing is necessary for the establishment, exercise or defence of legal claims.

 

WHAT PERSONAL INFORMATION DO WE COLLECT AND PROCESS?

We aim to be transparent about why and how we process Personal Information. For further information on our processing activities please review the relevant section below:

Customer Information

Collection: We process Personal Information about contacts using through our third party ticketing website and other forms contained on this website, and such information may include: name, email address, telephone number, and other contact information. The Personal Information may also be collected by virtue of us providing our services to you on our event sites and related destinations.

Use: For contact and communication purposes: we may use your contact information to send you updates that we may circulate from time to time, news about any events we are organising or participating in, and/or other information about us and the services that we provide that we believe may be of interest to you. We may also use such information for performing analytics such as trends, sales intelligence, marketing effectiveness (such as click and open rates) uptake and progress.

Retention: Personal Information is retained until the customer tells us otherwise.

Job applicants: Please refer to information made available when applying online for further details as to how Personal Information is collected, processed and how long it is retained for.

Staff: Personal Information in relation to staff will be held on various internal systems and applications. A privacy notice which sets out the purposes for which Personal Information will be processed and contains information on data subject rights is provided to staff at the commencement of employment. If further information is required please contact the Human Resources department.

 

WHO ELSE MAY HAVE ACCESS TO YOUR PERSONAL INFORMATION?

On occasion, we may need to share your Personal Information with third parties. We will only share Personal Information where we are legally permitted to do so. We may pass your Personal Information to third parties such as:

• events: we may need to pass on your Personal Information (e.g. name, age) to a third party in connection with management of an event, in which case the details will only be used by the third party for that specific purpose;
• business partners, service providers and other affiliated third parties: to enable us to provide our services to you
• disclosures required by law or regulation: in certain circumstances, please note that we may be required to disclose Personal Information under applicable law or regulation, including to law enforcement agencies or in connection with proposed or actual legal proceedings.

 

INTERNATIONAL TRANSFERS OF PERSONAL INFORMATION (INCLUDING TO OUTSOURCED SERVICE PROVIDERS)

From time to time, we may need to transfer your Personal Information between Tough Mudder affiliated entities, who may have offices that are located in territories outside of the European Economic Area (“EEA”), including in the USA, in order to provide you with the services required.

 

Please note that the legal regimes of some territories outside of the EEA do not always offer the same standard of data protection as those inside the EEA, although we will ensure that your Personal Information is only ever treated in accordance with this Policy.

 

Where necessary, we have entered into standard European Commission approved form model data protection clauses (if a transfer is to the United States a service provider must either enter into the standard European Commission form approved data protection clauses or be Privacy Shield certified) to provide you with the service required and with our external service providers and business partners in relation to services that they may provide that involve processing data from locations outside of the EEA for which we are Data Controller.

 

HOW WE LOOK AFTER YOUR PERSONAL INFORMATION

We have in place appropriate technical and organisational security measures to protect your Personal Information against unauthorised or unlawful use, and against accidental loss, damage or destruction.

We put in place strict confidentiality agreements (including data protection obligations) with our third party service providers.

 

LINKS TO OTHER WEBSITES

Our website may link to other, unaffiliated third party websites. Please note that TM is not, and cannot, control or be responsible for the content or privacy and confidentiality practices of any third party websites. You must always carefully review the privacy and confidentiality policy of any third party website that you may visit in order to understand how the operators of that website may collect, store and use your Personal Information.

 

UPDATES TO THIS POLICY

Please check back regularly to keep informed of updates to this Policy.

 

COMPLAINTS

While we hope that you will not need to, if you want to complain about our use of Personal Information please send an email detailing your complaint to TM’s Data Protection Officer at dataprotectionofficer@toughmudder.com.

You also have the right to lodge a complaint with the relevant supervisory authority. Please see further details below:

 

UK

Information Commissioner’s Office
Wycliffe House, Water Lane
Wilmslow
Cheshire
SK9 5AF
www.ico.org.uk
Tel: 0303 123 1113
Tel: 029 2067 8400 (calls in Welsh)
Email: casework@ico.org.uk

 

Germany
German Data Protection Regulators

Last Updated: May 25, 2018

 

GENERAL DATA PROTECTION REGULATION

Your data privacy and security are important to us. In support of upcoming changes to EU data protection law, we’ve updated some of our legal terms and provided some avenues of additional clarity with respect to the data we collect, how we use it, and the rights that are available to you. Such legal terms are effective on May 25, 2018.
In accordance, to the extent the GENERAL DATA PROTECTION REGULATION (“GDPR”) applies to you (learn more here: https://ico.org.uk/for-organisations/guide-to-the-general-data-protection-regulation-gdpr/), the following additional documents apply to your experience on our website and with our company. To the extent anything contained in the following documents or the GDPR contradict any policies and procedures on this website or elsewhere in connection with your relationship to our company, the GDPR and/or following documents shall apply:

General Data Protection Notice for Customer
Data Subject Access Request and Customer Consent Removal Form
Privacy Policy

Last Updated: May 25, 2018

 

NOTICE OF ACCESSEBILITY

 

Tough Mudder is committed to providing a website that is accessible to the widest possible audience, regardless of technology or ability. We are working to increase the accessibility and usability of our website and in doing so aim to adhere to the level A of the Web Content Accessibility Guidelines 2.0. These guidelines explain how to make web content more accessible for people with disabilities. Conformance with these guidelines will help make our website more user friendly for all people.

 

We are working to try and ensure that all areas of the website meet these guidelines. In the meantime should you experience any difficulty in accessing our pages please don’t hesitate to contact  [support@toughmudder.com.]