Panka terms and conditions of use

Panka is a service of Panka S.r.l., with registered office at Viale Aldo Moro 16, 40127 Bologna, Italy, VAT and tax code 04398091209, registered with the Bologna Companies Register under no. REA BO-590392, share capital EUR 10,000.00 fully paid up.

Communications concerning the service are to be addressed to supporto@panka.app; those concerning the processing of personal data to privacy@panka.app. Certified electronic mail: pankasrl@pec.it.

Panka allows a football team to be managed — squad, call-ups, matches, attendance — and an internal fantasy game to be played, in which the players available for selection are the members of that team.

The service is not connected with any professional league and does not constitute a betting service. Credits, market values and scores are elements of the game with no economic value: they cannot be purchased or converted. Any sums circulating within the team — dues, deposits, prizes — concern the relationships between the participants; the Controller does not administer or hold them and is not answerable for them.

Registration may be completed using an email address and a password or through a Google, Apple, Facebook or X account. In the latter case a username and a date of birth are also required, as they are not transmitted by the authentication provider and are necessary in order to apply the age requirement. If they are not provided, the account is deleted.

Users must have reached the age of fourteen, being the threshold set in Italy for independent subscription to information society services. No exceptions apply: below that age an account may not be created. Children under fourteen may nonetheless be listed in a squad by means of a record managed by the staff, as set out in the document on minors.

The date of birth is therefore a mandatory item, since without it the age requirement could not be verified.

The User undertakes to provide an email address that is actually monitored and accurate information. The account is personal: credentials may not be transferred and the User is answerable for activity carried out using their credentials.

The service is currently provided free of charge and is in beta testing: malfunctions may occur and features may change.

The introduction of any paid features will be notified in advance and will be subject to the User’s express acceptance. No paid feature is activated automatically or renewed absent acceptance, and nothing is due in respect of free use already made.

A User who creates a team assumes the role of administrator: they invite and admit members, configure the rules of the game and enable or disable modules. They also enter data relating to third parties, including persons who do not use the application.

By enabling those modules the administrator declares that they are entitled to carry out the corresponding processing and, in particular, that the persons listed in the squad are aware that their data are held in the application and that, where an authorisation is required — medical examination expiry, image on a card — that authorisation has been obtained.

The Controller is not in a position to verify those circumstances. The declaration is therefore made by the administrator and is recorded together with the date and the identity of the declarant; where it is untrue, the resulting liability rests with the declarant. Sports clubs requiring a formal data processing agreement may request one from the Controller, which will provide it.

The dues module is a tool for recording payments. It does not produce accounting entries, does not replace the association’s registers and has no value as a receipt or as proof of payment. The sports club’s accounts remain governed by the rules applicable to them.

Only the issue and expiry dates of the sports medical certificate are processed. The document itself is not uploaded, is not stored and is not accessible to the Controller. The application signals that an expiry is approaching and does not certify fitness to take part in sport, which remains a matter for the sports club and the certifying doctor.

Ratings entered in the application are assessments of identified individuals, who have access to them. Criticism is permitted; abusive expressions are not.

It is prohibited to enter content that is offensive, discriminatory, threatening or injurious to the dignity of others, as well as data relating to third parties and unconnected with the purpose of the service, including health data and personal matters.

Images may be uploaded only by those entitled to do so. Uploading an image of a third party requires the consent of the person depicted.

Content uploaded remains the property of the User, who grants the Controller only the technical, non-exclusive licence, limited to the duration of use of the service, to store it and display it within the application to members of the team. Upon receiving a report, the Controller may remove content that breaches these terms and, in more serious cases, suspend the account responsible.

Cards are the only feature that results in content leaving the group and are therefore subject to specific rules, applied server-side, which the application cannot override.

A minor’s image is never shown on a card. Cards show the nickname and not the first name and surname. An objection raised by an individual prevails over any team setting and takes effect immediately; it is raised from the personal profile or, where there is no account, with the coach, with the same effect.

Where a card ends up is a matter for the person sharing it. Once distributed, the image can no longer be withdrawn by the Controller.

Where these terms are breached, the Controller may restrict or close the account. The measure is notified to the person concerned together with the reasons for it, unless a legal provision prevents this.

The User may withdraw at any time. Deletion is carried out from within the application or, failing that, through the form published on the website. The effects of deletion are set out in that document and in the privacy notice: data forming the historical record of the game — standings and season statistics — are retained by the team in a form not attributable to the User.

The Controller undertakes to maintain the continuity of the service and to restore it promptly in the event of interruption, without warranting uninterrupted availability, the application being in beta testing.

The Controller takes backup copies on a regular basis. Users are nonetheless advised not to rely on the application as the sole means of retaining important information, such as payments, deadlines or documents.

The Controller is not answerable for decisions taken by the team, including call-ups, the allocation of dues and payments. Disputes between participants fall outside the relationship with the Controller.

To the extent permitted by law, the Controller’s liability is limited to direct and foreseeable damage. Wilful misconduct and gross negligence, personal injury and mandatory consumer rights are in any event excluded from that limitation.

The processing of personal data is governed by the application’s privacy notice, which is a separate document. For the purposes of this contract it is specified that the Controller uses aggregate and anonymous measures — the number of teams using a module, the average number of matches played — to assess and improve the service. Those measures do not allow individual users to be identified.

These terms may be amended as a result of legislative changes or of the development of the application. Material amendments are notified in advance within the application, with notice of thirty days as a rule, reduced only where a legal provision requires shorter periods.

Each version bears its own date. Where the new terms are not accepted, the User may close the account at no cost.

This contract is governed by Italian law.

Where the User is a consumer within the meaning of Italian Legislative Decree no. 206/2005, jurisdiction lies with the court of the place of their residence or elected domicile, and no provision of these terms may prejudice the mandatory rights conferred by the Consumer Code. The European online dispute resolution platform is also available, at ec.europa.eu/consumers/odr.

In all other cases the Court of Bologna has exclusive jurisdiction.

The invalidity of any single provision does not affect the effectiveness of the remaining provisions.