Data Use and Insights Licence Agreement
1. Parties
This Data Use and Insights Licence Agreement (Agreement) is entered into between:
Stacksy Pty Ltd, trading as WhistleIQ (WhistleIQ, we, us, our), and
The Event Organiser or Hockey Organisation identified in the associated Order Form, Subscription Agreement, or usage of the WhistleIQ platform (Customer, you, your).
This Agreement applies to all use of the WhistleIQ platform, products, services, and associated applications.
2. Purpose
WhistleIQ provides a software as a service platform designed to support officiating appointment, performance feedback, development, and analysis. In delivering these services, WhistleIQ collects, processes, and generates operational data, performance metrics, feedback, and insights.
This Agreement sets out the rights and permissions granted by the Customer to WhistleIQ in relation to the use, analysis, aggregation, and reuse of data generated through the WhistleIQ platform.
3. Definitions
For the purposes of this Agreement:
Platform Data means all data, content, and materials uploaded to, generated by, or processed through the WhistleIQ platform.
Customer Content means data, information, images, video, audio, text, feedback, comments, reports, match details, and other materials uploaded or submitted by users authorised by the Customer.
Derived Data means anonymised, aggregated, de identified, or transformed data, metrics, statistics, benchmarks, trends, and insights created by WhistleIQ through analysis of Platform Data.
Personal Information has the meaning given under the Privacy Act 1988 (Cth).
4. Ownership
4.1 Customer Content remains the property of the Customer or its licensors.
4.2 WhistleIQ retains ownership of:
the WhistleIQ platform and all intellectual property associated with it,
all Derived Data created through the operation of the platform, and
all methodologies, models, algorithms, analytics frameworks, and insights developed by WhistleIQ.
5. Licence Granted by Customer
The Customer grants WhistleIQ a perpetual, worldwide, royalty free, non exclusive licence to:
host, store, copy, transmit, display, and process Customer Content for the purpose of providing the WhistleIQ services,
analyse Customer Content to generate Derived Data,
aggregate Customer Content with data from other customers in an anonymised or de identified form,
use Derived Data for product improvement, analytics, benchmarking, reporting, research, and development,
reuse anonymised or aggregated statistics, trends, and insights in publications, case studies, presentations, marketing materials, academic or industry research, and commercial reports.
6. Specific Data Types Covered
Without limiting clause 5, this Agreement applies to the following data types:
officiating feedback, assessments, ratings, and written comments,
match data, appointments, performance indicators, and outcomes,
video related data, including referral counts, timestamps, tagging, and usage metrics,
uploaded images, video recordings, and supporting media,
survey responses and reflective inputs provided by officials, managers, or delegates,
system usage data, interaction logs, and engagement metrics.
7. Anonymisation and Privacy
7.1 WhistleIQ will take reasonable steps to ensure that Derived Data used outside the Customer’s direct operational context is anonymised or de identified.
7.2 WhistleIQ will not intentionally publish or disclose Personal Information in an identifiable form without consent, except where required by law.
7.3 This Agreement operates in conjunction with WhistleIQ’s Privacy Policy and applicable Australian privacy legislation.
8. Customer Warranties
The Customer warrants that:
it has obtained all necessary consents from participants, officials, staff, and contractors to upload and licence Customer Content,
it has the authority to grant the licences described in this Agreement,
Customer Content does not infringe any intellectual property, privacy, or moral rights of any third party.
9. Use of Insights and Public Commentary
9.1 WhistleIQ may reference anonymised insights, trends, and outcomes derived from the Customer’s use of the platform in:
industry presentations and conferences,
marketing and promotional materials,
grant applications and innovation showcases,
internal and external reports.
9.2 WhistleIQ will not attribute insights to a specific organisation or event without prior written agreement, unless the information is already publicly available or approved by the Customer.
10. No Limitation on Core Service Use
Nothing in this Agreement limits WhistleIQ’s ability to:
operate, maintain, and improve the platform,
develop new features, services, or products based on aggregated learning,
apply general learnings across different sports, competitions, or jurisdictions.
11. Term and Survival
11.1 This Agreement commences upon first use of the WhistleIQ platform.
11.2 The licences granted under this Agreement survive termination of the Customer’s subscription to the extent required for:
retention of Derived Data,
historical benchmarking and longitudinal analysis,
compliance with legal and audit obligations.
12. Limitation of Liability
To the maximum extent permitted by law, WhistleIQ excludes all liability arising from the reuse of anonymised or aggregated Derived Data.
Nothing in this Agreement limits liability that cannot be excluded under Australian Consumer Law.
13. Governing Law
This Agreement is governed by the laws of Western Australia, and the parties submit to the exclusive jurisdiction of the courts of that state.
14. Acceptance
14.1 This Agreement forms part of WhistleIQ’s End User Licence Agreement (EULA) and standard Terms of Use, as published on the WhistleIQ website.
14.2 By accessing or using the WhistleIQ platform, the Customer and its authorised users acknowledge and agree that:
this Data Use and Insights Licence Agreement applies automatically and without the need for separate or express consent,
the licences and permissions granted herein are implied by use of the platform,
no additional written approval is required for WhistleIQ to use Customer Content and Derived Data in accordance with this Agreement.
14.3 Where the Customer permits third parties, including officials, delegates, reviewers, or contractors, to access or use the platform, the Customer confirms it is responsible for ensuring those parties are bound by equivalent terms.
15. Precedence and Availability
15.1 This Agreement is made publicly available on the WhistleIQ website as a referenced policy document.
15.2 In the event of any inconsistency between this Agreement and the EULA, Subscription Agreement, or Order Form, the provisions relating to data use, analytics, and insights in this Agreement prevail to the extent of the inconsistency.
Use of the WhistleIQ platform constitutes acceptance of this Agreement.