GENERAL TERMS AND CONDITIONS OF STEPATHLON EVENTS
(a) Stepathlon Lifestyle Private Limited (“Stepathlon”) and;
(b) In the case of employer sponsored participation, the Participating Employer (“Participating Company”); and
(c) In the case of participant sponsored participation, the Self-Paid Participant (“SPP”); and
(d) All participants (‘Stepathletes’) in the event whether employer or self-sponsored
(a) Stepathlon will conduct corporate wellness programs accessible through its online platform known as www.stepathlon.com, Mobile Application and the sub-domain(s) available thereunder (the “Website”) wherein Stepathletes will take part in a race around a ‘virtual world’ (“The Event”).
(b) This Website and Mobile Application are the property of Stepathlon Lifestyle Private Limited (“Stepathlon”) which inter alia provides information (including without limitation articles, publications, videos, products, graphics, software and pictures) (“content”) in respect of an online event conducted on the Website and Mobile Application, wherein the employees of the Participating Companies, (each a “Stepathlete”), take part in a “race around a ‘virtual world’ (the “Event”), of varying duration (the “Event Period”), in teams of 5 (five) Stepathletes (each a “Team”), by recording daily step counts and other activity levels.
(c) Several different Events may be held concurrently, with durations (“The Event Period”) varying as required.
a. The Participating Company wishes to enrol one or more Teams to take part in an Event; or
b. The SPP agrees to enter the Event as part of a Team; or
(e) This document subject to point (f) below sets out the terms and conditions governing the conduct of each Event by Stepathlon and the participation by
a. the Participating Company and its employees; and
b. the SPPs; and
c. each individual Stepathlete
(f) In the event the Participating Company and Stepathlon enter into a separate contract as regards any aspect(s) of the Event, such contract shall be read along with these Terms and Conditions and to the extent consistent shall be deemed to be supplementary to these Terms and Conditions. However, in the case of conflict between the any of the provisions of such contract and these Terms and Conditions, the provisions of the contract shall prevail.
Capitalised terms used but not defined herein shall have the respective meaning given to such term or on the Website and Mobile Application as the case may be.
Teams shall comprise no more than two ‘specialists’. A specialist is defined as a person who regularly participates in and trains intensively for events such as marathons, triathlons, ultra-marathons, etc.
Confirmation of Participation
(a) In the case of employer sponsored participation, the Participating Company shall undergo an online Invoicing process which confirms its and its employees’ participation in the Event and their obligation to pay for such participation.
(b) In the case of participant sponsored participation, the SPP shall pay their individual Participation Fee to confirm their participation in the Event.
In the case of employer sponsored participation, the Participating Company will, at the time of agreeing to participate in the Event, appoint a Company Coordinator that for the purpose of the Event and all matters related thereto, shall be the only point of contact to interact and coordinate with Stepathlon, and there will be no direct interaction, of any nature whatsoever, between the Participating Company’s Stepathletes and Stepathlon, except as provided on the Website and Mobile Application or on a mutually agreeable basis.
In agreeing to these Terms and Conditions, the Parties agree that no other terms and conditions, representations, undertakings, warranties or supposed enticement have been relied upon by either Party save and except as are set out in these Terms and Conditions or on the Website and Mobile Application.
These Terms and Conditions shall remain in effect from:
(a) In the case of employer sponsored participation, the date the Participating Company registers its organisation to participate in the Event; or
(b) In the case of self-sponsored participation, from the date the SPP registers himself/herself to participate in the Event until the last day the Website remains open for the Stepathletes to enter their step entry for the Event as set out in the rules of Stepathlon set out in these Terms and Conditions.
Provided that Stepathlon’s obligation to fulfil its (i) obligations to provide the Event as represented on the Website is subject to realisation of the entire Participation Fees by Stepathlon; and (ii) obligations to provide pre-Event obligations towards the Participating Company and the SPP shall be subject only to the successful completion of the invoicing process by the Participating Company and the SPP.
Participation Fees – Payment Requirements
(a) In the case of employer sponsored participation, the Participating Company shall complete the online Invoicing process, and simultaneously pay the entire Participation Fee (“Payment”), no later than the commencement date of the Event.
(b) In the case of self-paid participation, the SPP shall pay the Participation Fee in full no later than the commencement date of the Event.
Invoice, Receipt and Unique Login ID
Stepathlon will issue to the Participating Company or the SPP an invoice and receipt for the Payment, and generate a unique login ID for each Stepathlete for the purposes of logging in to the Website.
Any pedometer/wearable device/app capable of counting steps for the Event, ie FitBit, GOQii, Garmin, Jawbone, Stepathlon step-counter app, may be allowed by Stepathlon for the purpose of step counting in the Event. The details, such as type and versions, of compatible devices/apps will be made available on the Stepathlon Website.
Stepathlon disclaims any and all liabilities with respect to any such Pedometer(s) including its accuracy, genuineness and completeness.
Stepathlon undertakes that it will:
(a) conduct the Event as represented on the Website and Mobile Application subject to realisation of the entire Participation Fees;
(b) provide to each Stepathlete a distinctive password which will allow the Stepathletes 24 hours per day access to the Website and Mobile Application during the Event Period;
(c) during the Event Period take all reasonable measures to ensure access to the Website and Mobile Application with minimised downtime, if any;
(d) at all times take all reasonable measures to comply with the terms and conditions set out on the Website and Mobile Application (which terms and conditions are hereby deemed to be a part of the Terms and Conditions) from time to time in respect to the gathering, use and disclosure of information pertaining to the Stepathletes;
Participating Company/SPP/Stepathlete Undertakings
The Participating Company/SPP/Stepathlete, undertakes as applicable:
(i) to complete the invoicing process simultaneously upon registration and to make the payment of the total of the Participation Fee no later than the commencement of the Event in which they are participating;
(ii) to take all reasonable steps to ensure compliance (in the case of employer sponsored participation, the Participating Company on behalf of its Stepathletes) with the Rules and Regulations published on the Website and Mobile Application or as notified by Stepathlon from time to time;
(iii) that all teams are formed and all requisite details are entered into the Website by the commencement of the Event in which they are participating; and
(iv) In the case of employer sponsored participation, the Participating Company will allow Stepathlon to use the name of the Participating Company (including use of the Participating Company’s logo), the fact of its participation in the Event, and any response from the Participating Company as to its or its Stepathletes’ experiences regards the Event.
Stepathlon may at its discretion provide extra benefits free of cost to the Stepathletes by way of contests, competitions, interactive online events/challenges such as a 12-month motivational program, newsletters, blogs, wellness seminars, informative email and other electronic communications intended to motivate the Stepathletes, and to make participation in the Event more rewarding and interesting for the Stepathletes.
Contests/competitions (held as a part of the Added Advantages) will be conducted by Stepathlon with utmost integrity in accordance with the contests/competition rules communicated to the Stepathletes (by publishing on the Website and Mobile Application or through email notification). All decisions of Stepathlon in any contest/competition shall be final and conclusive. Each Participating Company may impose additional specific requirements upon its own participants in relation to eligibility to win prizes.
The Participating Company, or the SPP, hereby acknowledges that these Added Advantages
(i) are neither offered nor guaranteed with the Event;
(ii) being distinct from the Event, policies specifically applicable to the Event (as set out herein and/or on the Website) shall not apply to the Added Advantages; and
(iii) In no way impact Stepathlon’s rights/entitlements in respect of the Event
The Participating Company, or the SPP, further acknowledge that the obligations of Stepathlon hereunder are not applicable in respect of the Added Advantages and will come to an end on the expiry of the last day the Website course sub-domain remains open for the Stepathletes to enter their step entry for each particular Event as per the Event Rules.
Stepathlon shall not be liable for any delay in performing any of its obligations in respect of or related to the Event as set out herein if such delay is on account of circumstances beyond Stepathlon’s reasonable control.
Limitation of Liability
The Participating Company, or the SPP, hereby acknowledges and confirms that
(a) a claim, if any, it may have against Stepathlon will be limited to the cost of the Standard Participation Fee or the BYOD Participation Fee paid by the Participating Company or the SPP; and
(b) Stepathlon will not be liable in any way for any contingent, consequential, direct, indirect, special or punitive damages arising whether due to the negligence of Stepathlon or otherwise and acknowledges that any such claim shall be limited accordingly.
Risk of Participation
The Participating Company on behalf of itself and its Stepathletes, the SPP, and each Stepathlete, acknowledge and confirm that Stepathlon cannot evaluate the appropriateness or any other health risks that may be faced by individual Stepathletes and hence each Stepathlete takes part in the Event entirely and exclusively at his or her own risk.
Stepathlon may from time to time provide general information about improving fitness levels, health and overall wellbeing while participating in the Event by publishing the same on the Website and Mobile Application (including links to third party websites) and/or through its communications to the Stepathletes. It is hereby expressly stated by Stepathlon and acknowledged by the Participating Company, the SPP and all Stepathletes, that such information:
(i) does not constitute medical or professional or specific advice; and
(ii) cannot be relied upon as a substitute for the professional medical/health care and it does not constitute a doctor-patient relationship; and
(iii) that the advice of a doctor or appropriately qualified medical professional, and appropriate medical treatment, for all health related queries or any other medical matter, must be sought without delay and not ignored or suspended on account of any information provided by Stepathlon.
The Participating Company, the SPP and all Stepathletes, agree to indemnify, hold harmless and defend Stepathlon and its respective directors, officers, employees and agents from and against any and all claims brought by a Stepathlete in relation to his or her participation in the Event except in the case of gross negligence or wilful misconduct by Stepathlon.
The Participating Company and the SPP hereby agrees and acknowledges that once the Participation Fees or any part thereof is paid, they shall not be entitled to either seek a refund or alternatively, a credit for participation in any future event to be conducted by Stepathlon.
The Participating Company hereby for itself on behalf of its Stepathletes, the SPP, and all Stepathletes, acknowledge and confirm that all the intellectual property (of whatever nature) comprising the Event (including without limitation the Website and all the information/data or any other material used to design, create or otherwise develop the same) shall remain the sole and exclusive property of Stepathlon and neither the Participating Company, the SPP, or any Stepathlete, shall make any claim to the any such intellectual property in any manner whatsoever. Access to the Website and/or participation in the Event does not give the Participating Company, the SPP, or the Stepathlete, any right to use any of Stepathlon’s marketing material, business names, trademarks, logos, domain names or other distinctive brand features. Other trademarks used on the Wellness Platform domain and/or the Website that belong to third parties are used with permission and remain the intellectual property of the third party.
Surveys and Reporting
Stepathlon reserves the right to conduct surveys at any time during the year of the Event and use the data (“Survey Data”) generated from the responses to the survey questionnaires by Stepathletes. The processing and analysis of Survey Data shall be for the purpose of Stepathlon’s activities connected with the Event assessment process including, but not limited to:
(a) The production of End of Event Reports as required on an Event, Participating Company and Individual basis; and
(b) The development of the Event on a year-on-year basis; and
(c) Academic or research purposes.
In the case of employer sponsored participation, a Participating Employer may deem that survey completion is a condition of their sponsored employees participating in a Stepathlon event, and a pre-requisite to the winning and receiving of prizes from contests and challenges contained therein
Website Usage Terms
Each Stepathlete participates in the event either under the facilitation of a Participating Company, or as a Self-Paid Participant, and is granted a limited, non-exclusive access to the Wellness Platform domain from the date of commencement of the Event until the last day the Website and Mobile Application remains open for the entry of steps and other activities for the event in which they are participating, which shall be promulgated approaching the last days of the event. Thereafter, access to the Website and Mobile Application, if any provided by Stepathlon, and all acts done pursuant to such access (including without limitation any step and activity level entry recorded by a Stepathlete), shall not be in anyway applicable to or counted for the Event but will be subject to these Terms and Conditions and other applicable policies set out on the Website and Mobile Application.
1. They represent and warrant to Stepathlon they have carefully reviewed, understood and accepted all and agree to be bound by all of the Stepathlon Terms and Policies; and
2. The Website and Mobile Application is the property of Stepathlon and as such all activities on the Website and Mobile Application including the Wellness Platform domain will be monitored by Stepathlon.
3. While accessing the Wellness Platform domain and/or using the Website and Mobile Application they:
a. Shall only use the Website Platform or the Website and Mobile Application for purposes and in the manner permitted under the Stepathlon Terms and Policies.
b. Shall access (or attempt to access) the Wellness Platform domain or the Website and Mobile Application only through the interfaces provided by Stepathlon.
c. Shall not use, copy, distribute or commercially exploit content appearing on the Wellness Platform domain and/or Website and Mobile Application except as permitted with Stepathlon’s prior written consent.
4. Access to the Wellness Platform domain is provided upon being signed up as a participant in the Event. Access to another Stepathlete’s account may not be used without prior permission, and each Stepathlete is solely responsible for the activity that occurs on their account, and must keep their account password secure. Stepathlon must be notified immediately of any breach of security or unauthorised use of your account.
5. Content placed on the Wellness Platform domain and/or the Website and Mobile Application (to the extent permitted) remains the property of the Stepathlete. Stepathlon claims no copyright or other ownership in respect of the same. However, it is hereby clarified that by uploading text, images, videos, sound files or any other form of content on to the Wellness Platform domain and/or the Website and Mobile Application or communicating with Stepathlon (in cases where it may be reasonably educed from the communication that you expect to make the same available to the other participants/users of the Wellness Platform domain and/or the Website and Mobile Application), by default Stepathlon is granted an irrevocable, royalty-free, world-wide license, perpetual license, to use that content/communication for nil consideration in any way Stepathlon may deem appropriate. In the event that Stepathlon merges, sells or there is any change control of its business or the Wellness Platform domain or the Website and Mobile Application, Stepathlon shall have the right (without seeking any consent) to transfer, novate or assign the information, content and rights collected as per the Stepathlon Terms and Policies to the relevant third-party.
6. The layout or appearance of the Wellness Platform domain and/or the Website and Mobile Application nor any computer software or code contained in the Website and Mobile Application may not be modify, copied, decompiled, disassembled or reverse engineered in any form, or any attempt made to otherwise discover or access any source code related to the Wellness Platform domain and/or the Website and Mobile Application.
7. Text, images, videos, sound files and other forms of content (as supported) may be uploaded on to the Wellness Platform domain and/or the Website and Mobile Application (to the extent permitted). All contents uploaded on to the Wellness Platform domain and/or the Website and Mobile Application will be reviewed by a Stepathlon before being published. Stepathlon may be in its sole discretion determine the suitability of the content uploaded for publication on the Wellness Platform domain and/or the Website and Mobile Application. Further, Stepathlon reserves the right to remove or withdraw any content at any time in its sole discretion.
8. All content uploaded on the Wellness Platform domain and/or the Website and Mobile Application must belong to the Stepathlete. Material that is owned by third parties, or subject to copyright, must not be published on the Wellness Platform domain without the explicit written permission of the copyright holder or owner. This includes text, images and sound files from third party websites.
9. Any content that is offensive in any way must not be published on the Wellness Platform domain and/or the Website and Mobile Application. This includes, but is not limited to, obscene, pornographic, insulting, racist, defamatory, and discriminatory material, in any form - text, images, sound files or other media. Links to websites that contain such offensive information must not be published on the Wellness Platform domain and/or the Website and Mobile Application. The decision of Stepathlon as to what constitutes offensive material shall be final.
10. If a Stepathlete believes any content put on the Wellness Platform domain by any other person is abusive, it may be report to Stepathlon. If an issue is reported as being abusive, Stepathlon shall review the report and shall take such action, as deemed appropriate.
11. Stepathlon hereby reserves the right to:
a. modify or withdraw, temporarily or permanently, the Wellness Platform domain (or any part of it). All reasonable efforts will be made to provide timely warning of such loss of service. However, Stepathlon is not responsible for backing up or saving any material placed on the Wellness Platform domain. Stepathletes are strongly advised to keep backups of any and all material uploaded on the Wellness Platform domain; and/or
b. change the Usage Terms from time to time. Continued use of the Wellness Platform domain (or any part of it) by a Stepathlete following such change shall be deemed to be acceptance of such change. It is the Stepathlete’s responsibility to check regularly to determine whether the Usage Terms have been changed; and/or
c. monitor any activity and content associated with the Wellness Platform domain and/or the Website.
13. Stepathletes are given access to Wellness Platform domain in good faith. Any abuse of the facilities will lead to suspension and/or permanent removal from the Wellness Platform domain. Such abuse includes publication of offensive or fraudulent material, publication or linking to computer viruses or other forms of electronic attack, interfering with the sites of others hosted by the Wellness Platform domain server, attempts to undermine the security of the server or to affect its day to day running, rendering the Wellness Platform domain and/or the Website (www.stepathlon.com) and Mobile Application or any third party website, the links of which are provided on the Website and Mobile Application, less efficient or impairing its security, effectiveness or functionality, violating or infringing the rights of any person, firm or company (including, but not limited to, intellectual property rights, confidentiality or privacy rights), attempting any unauthorized access to any part or component of the Wellness Platform domain and/or the Website and Mobile Application and any other activity deemed by Stepathlon to be abusive in nature.
14. The Stepathlon Wellness Platform domain may contain hyperlinks to external websites operated by third parties. Stepathlon has no control over the content of external websites and is not responsible for their content. The inclusion of a hyperlink to an external website is for convenience, and does not in any way constitute an endorsement of the external website’s contents, products, services, or associated entities, by Stepathlon. The persons accessing or relying on the Wellness Platform domain and/or Website and Mobile Application are deemed to have read, understood and assented to this Policy.
15. Uploading text, images, videos, sound files and other forms of content on the Wellness Platform domain indicates acceptance that it will be visible to any one on the internet.
17. Stepathlon does not verify information placed on the Wellness Platform domain and/or the Website and Mobile Application by other participants and makes no warranties, whether express or implied in relation to the accuracy of any such information.
18. Access to the Wellness Platform domain and the Website and Mobile Application is on an "as is" basis and Stepathlon gives no further warranties, express, implied or statutory including, but without limitation, the implied warranties of satisfactory quality or fitness for a particular purpose of the Website and Mobile Application and/or the Wellness Platform domain or the availability of the same.
19. Please note that the Website and Mobile Application is managed and operated from India. While the Website, Mobile Application and the Wellness Platform domain are accessible worldwide, not all features, product and/or services provided on or through the Website and Mobile Application and/or Wellness Platform domain may be accessible or available or suitable for all persons or in all geographical locations. Stepathlon reserves its right to restrict the access or availability of any feature, product or service to any person or any area accordingly.
20. Stepathlon will make its reasonably best efforts to ensure smooth and error-free availability of the Wellness Platform domain and/or the Website and Mobile Application at all times during the course of the Event. However, Stepathlon shall be under no liability for any downtime or malfunction of the Wellness Platform domain or the Website and Mobile Application and no warranty is given that the Wellness Platform domain or the Website and Mobile Application and their contents are free from infection by viruses or anything else which have or might have contaminating or destructive properties.
21. While reasonable care and skill is employed by Stepathlon in operating the Website and Mobile Application and the Wellness Platform domain, it does not warrant or represent that the Wellness Platform domain and/or Website will at all times be error-free, virus-free or harmless, and disclaims any and all liability for loss or damage arising out of the use of the Wellness Platform domain and/or Website and Mobile Application. The persons accessing the Wellness Platform domain and/or Website and Mobile Application are solely responsible for assessing the relevance and accuracy of its content. Stepathlon does not indemnify any party in relation to any dealing by that party with this Website which is contrary to the Stepathlon Terms and Policies or to applicable law.
22. Stepathlon shall not be liable for any delay in performing any of its obligations in respect of the Wellness Platform domain and/or the Website and Mobile Application if such delay is caused by circumstances beyond Stepathlon’s reasonable control.
23. Stepathletes agree to abide by the Stepathlon Honour Code as follows:
“When entering my steps/activity for each day, I affirm that I will uphold the highest principles of honesty and integrity throughout the Stepathlon Event. I will foster an atmosphere of mutual respect and trust amongst my teammates and fellow Stepathletes.”
24. To maintain the integrity of the Event, Stepathlon has the right to amend, alter, reduce or increase step counts and activity levels, or to withdraw or disqualify teams or individuals, if in the opinion of the Chief Wellness Officer or delegate, actions have taken place which do not conform with the spirit of the event. In all cases, the decision of Stepathlon will be final.
25. If a Stepathlete breaches any of the Stepathlon Terms and Policies, Stepathlon may withdraw or suspend the Stepathlete’s access to the Wellness Platform domain and/or or Account and reserve the right to take such legal action as Stepathlon may deem appropriate.
Any queries in relation to the Stepathlon Wellness Platform domain, should be directed to firstname.lastname@example.org.
The contract for the Participating Company, the SPP, and the Stepathlete, in respect of the Event shall be deemed to have been made in Mumbai, India, governed by laws of India and any disputes or claims shall be submitted to the sole jurisdiction of the appropriate court situated in Mumbai.
No variation to these Terms and Conditions as between the Parties shall be enforceable unless the same is made in writing and is duly executed by Participating Company, the SPP, or the Stepathlete, as applicable, and Stepathlon.
The Parties hereby acknowledge and agree that each of the Terms and Conditions shall be binding upon them except to the extent any of these terms and conditions are determined by any competent authority to be invalid, unlawful or unenforceable. The Participating Company, the SPP, and the Stepathlete, further acknowledge and confirm that any part of such Terms and Conditions can be severed without affecting the validity or enforceability of any other part. Each Party agrees to be bound by these Terms and Conditions.
The parties agree that they must do all things necessary (including the execution of any further documentation) in order to give effect to the parties’ rights and obligations of the parties in respect of the Event set out in these Terms and Conditions or on the Website and Mobile Application.
These Terms and Conditions and/or any other terms/policies set out in Website and Mobile Application are not to be construed to the disadvantage of a party because any other party was responsible for its preparation.
The Participating Company and Stepathlon warrants to each other that it is duly incorporated and has the power to bind itself in the manner contemplated by the Terms and Conditions and/or any other terms/policies set out in Website and Mobile Application.
Each Party agrees to be bound by these Terms and Conditions.
Stepathlon Lifestyle Pvt. Ltd. (“Stepathlon”) is a private limited company incorporated under the provisions of the Companies Act, 1956.
Stepathlon operates secure data networks that are designed to protect your privacy and security. Stepathlon will only use the personal information you have chosen to provide us for the purpose for which you provided it. Stepathlon will not use it for any other purpose without your consent.
In general, you can browse the Website without telling Stepathlon who you are or revealing any personal information about yourself. Once you give us your personal information, you are not anonymous to us.
Stepathlon Collection Statement
Stepathlon may collect personal information about you during registration process and by means of surveys and health assessments during the Stepathlon Race, principally for aggregate reporting, academic and research purposes, and also to assess and advise you on your health and wellbeing needs. An example of academic research being carried out on the basis of information collected by Stepathlon may be viewed here.
You may receive a summary of your health and wellbeing scores based on the data that you submit. Stepathlon may also indicate how your score compares to an overall event or population scores. Reports are supervised by qualified academic personnel who are trained to interpret results. You may get suggestions for continuing to improve your health and wellbeing.
Sometimes Stepathlon may specifically ask for personal information about you when you sign up to use a service through the Website. Certain information may be required (such as your name, age, internet address or screen name, billing address, type of computer or device) to provide that service or product to you. Information collected from you may also be used to send you relevant communication related to additional products and services which may interest you, newsletters, health and nutrition tips, updates and information, marketing information, to administer contests you have participated in, notify you about the same, improve the Website and its functionalities, to display content based on your interests, etc.
If you provide us with personal information about other individuals, you must ensure that those persons have been made aware of the above matters. Where the information collected relates to health, criminal records, or other sensitive information, you must obtain it with the individual's consent.
You may also have the ability to add the personal information of third party individuals into the Website for invitational and registration purposes. Please note that such information will be used for the limited purpose it has been provided for.
Use of Anonymous Information
Stepathlon automatically gathers anonymous information to monitor the use of the Website. Stepathlon only uses such data in the aggregate. Stepathlon may publish or provide this aggregate data to other people.
Advertising on the Website
The cookies can be removed by following directions provided in your internet browser’s “help” directory. Rejecting the cookies will not affect your use of the Website, but your access to some areas of the Website may be limited.
There will be occasions where it will be necessary for Stepathlon to disclose your personal information and sensitive personal information to third parties. Stepathlon may be required by law to disclose the information, or Stepathlon may be required to disclose your personal information to third parties to provide the service you have requested, for research purposes, to resolve disputes, troubleshoot problems help promote a safe service, customize your experience and enforce our terms and conditions. However, the disclosure will only be made where it is necessary to fulfil the purpose for which you disclosed your personal information or sensitive personal information. Otherwise than stated above, Stepathlon does not disclose personal information that you may give it such as your name, address, e-mail address or telephone number, to any organisation or person outside Stepathlon unless you have authorised it to do so. Further, before sharing any of your personal and sensitive personal information with any third party, Stepathlon will ensure that the third party concerned maintains at a minimum, reasonable data practices for maintaining the confidentiality and security of the personal and sensitive personal information and preventing unauthorized access.