This Policy is incorporated into and is subject to the Terms of Service relevant for you.
This Policy applies solely to personal data processed by Festivality. This Policy does not apply to any linked sites or third-party services and we are not responsible for the content or privacy and security practices and policies of any sites or third-party services that are linked to from the Website, Festivality Platform and Services. Personal data is understood as any information that identifies a natural person data subject (“you”).
Festivality is owned and operated by Festivality OÜ (registry code 12853297), a private limited company registered in the Republic of Estonia who is responsible for the processing of your personal data.
HOW AND WHAT PERSONAL DATA WE COLLECT
For Organisers and Merchants, the use of the Festivality Platform and Services is only available upon registration. Any Guests and Visitors may also use the Website and the Festivality Platform and Services without registration. However, please note that certain features of the Festivality Application are only available for registered Visitors.
We may collect the following personal data in the following ways:
- We collect information you provide directly to us, such as when you create or modify your account, request on-demand Services, or communicate with us. This information may include: name, username, contact information (e-mail, phone number, postal address), payment method, goods and services requested, and other information you choose to provide. Providing some of this information may be obligatory, some optional.
- We may collect certain data about your equipment, browsing actions and patterns by automated means by using various types of technology through your use of the Website, Festivality Platform and Services, including: (1) details of your visits to the Website, Festivality Platform and Services, such as the date and time of access, the length of time spent, websites you visited before or after, the resources and content that you access and use on the Website, Festivality Platform and Services, and whether your interaction with us results in your requesting information about Festivality or making a purchase etc, (2) information about your computer and internet connection, such as your Media Access Control (MAC) address, computer type (Windows or Macintosh), screen resolution, language, Internet browser type and version and the name and version of the Festivality Application and Services you are using.
- We may collect certain data from third parties (e.g. social login (Facebook, Twitter, LinkedIn), the Organiser’s systems and databases) upon your consent.
If you are a Visitor using the Festivality Application, we also may collect the following personal data in the following ways:
- location information (if you permit the Festivality Application to access location services through the permission system used by your mobile operating system). Please note that we may also collect the precise location of your device when the Festivality Application is running in the foreground or background;
- contacts information (if you permit the Festivality Application to access the address book on your device or your social login contacts);
- transaction information (if you conduct any transactions via the Festivality Application). We collect transaction details related to your use of our Services, including the type of Service requested, date and time the Service was provided, amount charged, and other related transaction details.
HOW WE USE YOUR PERSONAL DATA
We may use the personal data you provided directly to us and we collected from third parties for the following purposes:
- to provide the Website, Festivality Platform and Services, and perform our rights and obligations under the agreement concluded between us, for example to authenticate users, facilitate payments, send receipts, provide your personalised content, etc;
- to contact you regarding the Festivality Platform and Services;
- to fulfil our legal rights and obligations, for example transferring personal data to another entity who needs to perform under this Policy upon the transferral of our assets (rights, obligations, contracts, company) to that entity or our merger with another entity, accounting, resolving disputes and protecting our rights (for example, disclosing personal data to our lawyers) and exercising other rights and obligations resulting from the law.
We may use the personal data we collected via automated means for the following purposes:
- to maintain, improve and personalise the Website, Festivality Platform and Services, monitor and analyse their effectiveness, monitor aggregate site usage metrics, such as total number of visitors and pages viewed. For example, location information may be used to provide contextual smartness via the Festivality Application and personalised offers based on your location, contacts information may be used for friends´ finder via social media, for networking and matchmaking purposes, and transaction information may be used for Organiser and Merchant services and products delivery, and payment gateway service provider and financial reporting purposes.
We use your personal data for any other purposes only with your prior consent.
We only use your e-mail address, phone number and bluetooth for sending any marketing messages or send you push-notification messages from us and the Organiser and the Merchants of the Event if you have given a respective consent on the Website or in the Festivality Platform. If you no longer wish to receive direct marketing messages, please follow the directions in our e-mail, change the settings in the Festivality Platform or on your device or contact us via support e-mail.
Cookies are small text files that are installed on your device from websites that you visit. The following types of cookies are used:
- strictly necessary/essential cookies without which it is not possible to use the features of the website and provide the services;
- performance cookies that collect information about how you use a website and are used to improve how a website works;
- functionality cookies that allow the website to remember choices you make (e.g. user name, language) and provide enhanced, more personal features;
- behaviourally targeted advertising cookies that are used to deliver adverts most relevant to you and your interests. They are usually placed by advertising networks with the website operator’s permission. They remember that you have visited a website and this information is shared with other organisations (e.g. advertisers).
Most web browsers allow you to control cookies through the settings of the web browser:
- Internet Explorer: http://support.microsoft.com/kb/278835;
- Chrome: https://support.google.com/chrome/answer/95647?hl=en;
- Firefox: http://support.mozilla.org/en-US/kb/Clear%20Recent%20History;
- Opera: http://www.opera.com/browser/tutorials/security/privacy;
- Safari: http://support.apple.com/kb/PH5042.
You can use the settings within your browser to control the cookies that are set on your computer or mobile device. However, please be aware that cookies are important for many aspects of the Website and the Festivality Platform – if you set your browser to reject cookies, you may not be able to enjoy all of the features of the Website and the Festivality Platform. To find out how to see what cookies have been set and how to reject and delete cookies, please visit: http://www.aboutcookies.org.
By agreeing to this Policy, you give us consent to use the cookies listed below. If you do not wish to give us consent to use the cookies listed below, please change the settings of your web browser beforehand. We do not ask for your consent to use strictly necessary/essential cookies when it is not possible to use the Website, Festivality Platform and Services without the use of such cookies.
We use the following cookies:
|Name of cookie||Service Provider||Content||Expiration||Type of cookie|
|FID-PROPS||Festivality OÜ||User properties, settings, preference related data||2018-01-01||Performance, Functionality, Behavioral cookie|
|FID-API-PROPS||Festivality OÜ||User relation to other festivality services||2018-01-02||Performance, Functionality, Behavioral cookie|
|F-APP-PROPS||Festivality OÜ||User settings, preferences, properties, across festivality services||2018-01-03||Performance, Functionality, Behavioral cookie and/or Local Storage|
|F-PROPS||Festivality OÜ||User session data||24 hrs or when browser is closed||Session storage|
Third Party Cookies
In addition to Festivality´s own cookies, we work with various esteemed companies to help us analyse how the Website and the Festivality Platform are used, and to optimise them to deliver the best experience possible. The following companies help us achieve this through the use of their cookies:
Google Analytics and Google Website Optimizer
Google cookies are those beginning with “__ut”.
To opt-out of analysis by Google Analytics on our website and other websites, please visit http://tools.google.com/dlpage/gaoptout.
Google AdWords and Google Remarketing
We use the online advertising program Google AdWords and the Google Remarketing technology, both operated by the company Google Inc. (“Google”).
For measuring conversion with Google AdWords, a conversion tracking cookie is placed when a user clicks on a Festivality advertisement delivered by Google (“Ads”). Conversion tracking cookies expire after 30 days and are not used for personal identification. Google uses a different cookie for each Google AdWords customer and there is no consolidation of the cookie data with other data. If you click on one of our Ads and proceed to a page equipped with a conversion tag and the cookie has not yet expired, the conversion is documented. With the help of the conversion tracking cookie, we see the total number of conversions and are able to review the performance of our Ads. You can find more information about Google AdWords here.
When you click on one of our Ads, a Google Remarketing cookie is placed. This cookie helps to serve our Ads to you at a later time when you browse pages of the Google content network. Remarketing cookies expire after 30 days and are not used for personal identification. For more information on Google Remarketing, please see here.
Google cookies are those beginning with “__ut”.
To opt-out of personalised ad delivery on the Google content network, please visit Google’s Ads Preferences Manager.
We use service providers in order to make it possible to use and provide some or all parts of the Website, the Festivality Platform and the Services (e.g. hosting service providers Zone Media OÜ and/or Amazon Web Services, Inc, client service oriented live chat software provider Zopim). We remain responsible for your personal data and take all necessary measures to protect your personal data as provided in this Policy. The full list of such service providers together with their contact details is available upon request.
We also use analytics software providers (e.g. Google Analytics, Mixpanel and similar specialised analytics software providers) to create analytics and, thus, help us improve the Website, the Festivality Platform and the Services. Such analytics service providers handle only anonymised data.
In case you are a Visitor using the Festivality Application, we also use external payment service providers to handle the Festivality Payment (as defined in the relevant Terms of Service). Please note that when using the Festivality Payment, you provide the data directly to such payment service providers and such payment service providers directly protect the data.
HOW WE DISCLOSE YOUR PERSONAL DATA
We only disclose your personal data to third parties without your prior consent if provided in this Policy or the law. We may disclose your personal data to the following third parties:
- an acquirer, or successor or assignee as part of any merger, acquisition, debt financing, sale of assets, or similar transaction, as well as in the event of an insolvency, bankruptcy, or receivership in which information is transferred to one or more third parties as one of our business assets;
- supervisory and law enforcement authorities;
- our lawyers, auditors, accountants.
We may disclose anonymised data to analytics service providers.
In case you are a Visitor using the Festivality Application, we may disclose your personal data to Merchants and Organisers, whose products and services you purchase via the Festivality Application or in whose competitions/sweepstakes you participate in, if the product, service or competition/sweepstake is such that requires the disclosure of some personal data (usually name and contact details for direct communication and confirmation purposes in case of pre-orders and reservations etc). We also may disclose to Merchants and Organisers anonymised usage data.
Please note that when you choose to use certain functions of the Website, Festivality Platform or Services, some of your personal data will be visible to other users or the public.
TRANSFER OF PERSONAL DATA TO THIRD COUNTRIES
We do not generally transfer to or store your personal data in any third country outside the EEA and countries deemed to provide an adequate level of protection by the European Commission.
FESTIVALITY AS A DATA PROCESSOR
Please note that any content (including any personal data therein) submitted to Festivality by the Organiser, Visitor, Merchant or any third party belongs to the respective Organiser, Visitor, Merchant or third party (collectively, “User Content”). Because we do not collect or determine the use of any personal data contained in the User Content and because we do not determine the purposes for which such personal data is collected, the means of collecting such personal data, or the uses of such data, we are not acting in the capacity of data controller in terms of such personal data and should be considered only as a data processor on behalf of its users.
HOW LONG WE STORE YOUR PERSONAL DATA
We only store your personal data as long as necessary for the purposes of the personal data collected and as long as required by law (e.g. for tax purposes). In general, we store your personal data as follows:
- information on legal transactions between us is retained for as long the agreement between us is valid and for a period of 10 years as of when a claim falls due unless otherwise provided by law, asking you occasionally to update your personal data;
- billing information is retained for 7 years as of the end of the financial year in which the information was provided to us;
- cookies’ information is retained according to the table above;
- all other data is retained for 5 years.
HOW WE PROTECT YOUR PERSONAL DATA
We implement appropriate organisational, technical and physical safeguards to protect your personal data. However, no data transmission or storage system can be guaranteed to be 100% secure. Your information is maintained in what we believe to be a well-protected environment. Among other things, we use the following safeguards: server access with public-private keys, database access from whitelisted IP addresses, all communication over secure protocols.
To the extent required by law, you have the right to:
- receive information about your personal data we process within 5 working days after we have received your corresponding request;
- demand the correction of inaccurate personal data;
- if processing of personal data is not permitted on the basis of law, demand termination of processing, termination of the disclosure or enabling access to, and deletion or closure of personal data;
- turn to the Data Protection Inspectorate or court to safeguard your rights;
- provided your rights have been violated upon processing of personal data, you have the right to demand compensation for the damage caused.
Some of these actions you can do yourself (for example, correct data on the Festivality Platform), for some you will need to contact us.
If you have any questions, comments, complaints or requests related to this Policy or the processing of your personal data, you can contact us on the following contact details:
Tatari 64, 10134 Tallinn, Estonia
Date of entry into force: 14.03.2016