Pricestructure
If the ticketprice exceed DKK 0, is added a servicefee of DKK 5.00 per ticket (incl. VAT) and 5.00% (incl. VAT) of the total price ; though it can not exceed DKK 75.00 (incl. VAT) per ticket . The organiser can choose to include the ticket fees in the ticket price or add it to the ticket price as a ticket fee. If the price for additional products exceeds DKK 0, there is an added service fee of DKK 2.50 per additional product sold (incl. VAT) and 2.50% (incl. VAT) of the total basket size of the additional products. During the ticket purchase, purchases of associated products and services such as, but not limited to, SMS tickets, protection of refunds and the like may be offered. Associated services and products may incur individual fees.
General Terms and Conditions for Event Organizers
Ticketbutler ticketing service is an online market platform that via its website and app provides event organizers with simple and quick means to market and sell tickets and associated products/services directly to consumers.
These general terms and conditions apply to the Agreement entered into between Ticketbutler and its event organizers. No other terms and conditions shall apply unless otherwise agreed in writing by a representative of Ticketbutler authorized to do so.
1. Definitions.
”Ticketbutler” shall mean Ticketbutler ApS (Danish company reg. no. 38404687), having its registered offices at Raffinaderivej 10, 2300 København S, Danmark. “Organizer“ shall mean the person or legal entity that subscribes to Ticketbutler Services with the purpose of advertising events and selling tickets to event as well as associated products/services. “Agreement” shall mean the agreement entered into between Ticketbutler and the Organizer regarding provision of Ticketbutler Services to the Organizer and to which these terms and conditions shall apply. “Ticketbutler Services” shall mean the services provided by Ticketbutler to the Organizer in accordance with the Agreement and these terms and conditions, including but not limited to the Ticketbutler platform on its website(s), domain(s) and mobile application(s).
2. Collection of payment.
Ticketbutler will receive customer payments, including VAT and fees, from the customers on behalf of the Organizer. If the ticket price exceeds DKK 0, Ticketbutler will collect a fee of DKK 5.00 per ticket (including VAT) and an additional 5.00% (incl. VAT) of the total purchase sum ; though it can not exceed DKK 75.00 (incl. VAT) per ticket. If the price for additional products exceeds DKK 0, there is an added service fee of DKK 2.50 per additional product sold (incl. VAT) and 2.50% (incl. VAT) of the total basket size of the additional products The payment will be charged right after the ticket and/or associated products/services are delivered to the customer including electronic deliveries. Have the organiser choosen to get payouts “as-you-go” before the event through the Stripe-solution, will Stripe charge a fee. The current Stripe fees can be found on this page. Ticketbutler can offer other products and services including, but not limited to, SMS tickets, securing refunds and the like. Ticketbutler may charge the ticket buyer for these services.
Ticketbutler will in the event payout deduct DKK 2.50, (Incl. VAT) per transaction that has been paid with MobilePay by the guest for the specific event. From the organiser dashboard it is possible to deactivate the possibility of MobilePay payments; this needs to actively be deactivated by the organiser from the organiser dashboard.
3. Payment to Organizer.
Provided that the organiser has not choosen to get payments “as-you-go” through the Stripe-solution, then Ticketbutler needs to be able to refund the ticket price to the consumer if the relevant event is cancelled. Therefore, Ticketbutler will on behalf of Ticketbutler pay out the ticket price to the Organizer after the event has been performed. Payment terms are 14 calendar days from the date of the event and correct invoicing, but Ticketbutler strives to transfer the money within 3 working days. Interests of 3.0 % per annum shall accrue on late payments. Payment shall be made to the account specified by the Organizer; any associated transfer fees and similar shall be deducted from the payment and born by the Organizer.
4. Data processing and ownership.
All technical information and data regarding the Ticketbutler ticketing Services are the property of Ticketbutler, including but not limited to all user-data gathered via the Ticketbutler website or app. All data provided by the organiser or collected by the orgniser during an event is the property of the organiser. Ticketbutler will share the ownership of the data if the user is already has an account.
During the signup, registration and/or donation process the organiser can gather data. This data must not be mandatory if it concerns: racial or ethnic origin; political opinions; religious or philosophical beliefs; trade union membership; processing of genetic data; biometric data for the purpose of uniquely identifying a natural person; health; sex life or sexual orientation unless approved by Ticetbutler.
Ticketbutler provide a standard Data Processor Agreement (DPA) as a part of this contract. If the organiser wish to use a different DPA, this must be send within 5 businessdays after approval of this contract and must be returned signed by Ticketbutler within 10 business days. In the event Ticketbutler has not received or approved the DPA within 5 business days from this contract is signed, the Ticketbutler standard DPA is in effect. If the ticket sales has begun prior the by the organiser provided DPA is signed, the Ticketbutler standard DPA is in effect. If Ticketbutler can not approved the by the organiser provided DPA, the Ticketbutler standard DAP is in effect.
5. Interllectual rights.
All interlectual rights associated with Ticketbutler services are the property of Ticketbutler including and not limitied to rights associated with Ticketbutler hompage(s) and app and the Ticketbutler trademark.
6. Use of the Ticketbutler Services.
Ticketbutler give the organiser non-exclusive and non-cancellation limited rights to access and use the services of Ticketbutler with the purpose of register guests for their events and checking tickets to the events and products and services.
7. Organizer’s responsibility.
Since the organiser is data owner, Ticketbutler required the organiser to comply with the dataprotection laws including GDPR. The Organizer is responsible for providing appropriate, accurate, up-to-date and relevant information on its events, tickets, prices, terms, associated products/services, etc., via the Ticketbutler Services. It is the Organizer’s sole obligation to ensure that any event page posting on the Ticketbutler Services and the nature and conduct of the underlying event meet all applicable laws, rules and regulations, and that the goods and services described in any event page posting are actually delivered in a satisfactory manner.
8. Customer refunds and complaints.
Because all transactions are between an Organizer and its respective customer(s), Ticketbutler asks that all customers contact the applicable Organizer of their event with any refund requests, complaints or claims. Organizers agree to maintain and adhere to a refund, complaint and claims policy in full compliance with applicable law and general standards. Ticketbutler and its subcontractor Ticketbutler may, in its sole discretion, attempt to mediate disputes concerning refunds, complaints or claims; however, Ticketbutler and Ticketbutler will have no liability for an Organizer’s failure to give refunds or to otherwise respond appropriately to complaints and claims. Organizer agrees to defend, indemnify and hold harmless Ticketbutler, its affiliates, subcontractors, and agents from and against all claims and expenses, including attorneys’ fees, arising out of or related to transactions between a customer or user and Organizer via the Ticketbutler Services.
9. Claims from Organizer.
Any claim by the Organizer against Ticketbutler must be in writing to be valid. Claims for losses or damages must be made against Ticketbutler no later than 30 calendar days after the Organizer became aware or should have become aware of such losses or damages.
10. Limitation of liability.
Ticketbutler and its subcontractor Ticketbutler are only liable for losses or damages to the extent that they can be contributed to gross negligence or intent by Ticketbutler and its subcontractor Ticketbutler. Ticketbutler and its subcontractor Ticketbutler are not liable for any indirect or consequential losses or damages. Ticketbutler and its subcontractor Ticketbutler are not liable for any losses or damages incurred due to any deviation by the Organizer from Ticketbutler’s instructions and guidance on the use of the Ticketbutler Services.
11. The Organizer’s information.
The Organizer agrees that Ticketbutler and Ticketbutler may store and use the Organizer’s contact information to provide the Organizer with the information requested by the Organizer and to use and share the Organizer’s contact information with users and customers. Ticketbutler and Ticketbutler may also use the Organizer’s contact information to confirm the Organizer’s identity, solicit the Organizer’s views on Ticketbutler’s services, develop new offers and promotions, and for market research. Ticketbutler and its subcontractor Ticketbutler always reserves the right to disclose contact information and personal data in order to:
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- comply with applicable laws;
- respond to governmental enquiries (or enquiries from a legal, governmental or quasi-governmental or local authority agency or Internet protection agency of any type);
- comply with a valid legal process or procedure; or
- protect Ticketbutler’s rights or property, Ticketbutler’s services and/or other users of the Ticketbutler Services.
12. No representations.
Except as expressly stated in the Agreement or in these terms and conditions, Ticketbutler makes no representations or warranties, express or implied, including no warranty as to non-infringement or fitness for a particular purpose. Ticketbutler does not warrant or guarantee that the Ticketbutler Services will be uninterrupted or error-free, or that the Ticketbutler Services will result in any revenue or profit for the Organizer.
13. Termination.
Either party is entitled to terminate the Agreement, these terms and conditions, and the Ticketbutler Services provided hereunder by written notice 24 hours in advance. The Organizer shall be obliged to make any payments owed due to Ticketbutler Services rendered prior to termination and to honor any obligations entered into with customers prior to termination. Ticketbutler shall be obliged to provide any Ticketbutler Services that have already been paid for.
14. Changes to Terms.
Ticketbutler reserves the right to amend and change these terms and conditions and/or its privacy policy. All changes and amendments will be made public online. Such changes will only apply to new events and not previously established events. By continuing to use the Ticketbutler Services after such changes and/or amendments, the Organizer expresses its acknowledgement and acceptance of the changes and amendments.
15. Force Majeure.
Neither party is liable for losses or damages resulting from circumstances beyond the reasonable control of the party, including but not limited to events of war, terror, fire, governmental restrictions, natural catastrophes, strikes, lock-outs, etc. In addition, Ticketbutler is not liable for losses or damages resulting from any internet platform or similar asserting restrictions or prohibitions against Ticketbutler and its Ticketbutler Services.
16. Law and Venue.
The Agreement and these terms and conditions shall be governed by and construed in accordance with the laws of the Kingdom of Denmark, without giving effect to the conflict of law principles thereof. The Organizer irrevocably consent to the exclusive personal jurisdiction of the City Court of Copenhagen in the first instance.
17. Other.
Ticketbutler may use the company of which the organiser represent as reference for marketing purposes, including, but not limited to the logo on Ticketbutler’s website(s).
Standardvilkår for kunder (billetkøber)
Nordic Fintech Magazine ApS benytter sig af et tilmeldingssystem leveret af Ticketbutler, hvor nedenstående betingelser derfor er gældende.
Nordic Fintech Magazine ApS
Høveltsvangsvej 8, 3450, Allerød, Denmark
CVR: 42918938
Tlf: None
Email: [email protected]
Billetsystem er leveret af:
Ticketbutler ApS
Raffinaderivej 10
2300 København S
CVR: 38404687
Tlf: +45 89 80 12 80
Email: [email protected]
Herefter benævnt “Ticketbutler”.
1. Generelt
Ticketbutler er en online handelsplatform, som formidler billetter og associerede ydelser. Eventarrangører fremviser herigennem arrangementer og kan sælge billetter mv. til arrangementerne.
Ved din brug af Ticketbutlers website, app eller forbundne tjenesteydelser (herefter samlet: ”Ticketbutler Services”) indgår du en bindende formidlingsaftale med Ticketbutler på de betingelser, som følger af nærværende standardvilkår samt af Ticketbutler’ privatlivspolitik.
Ved at købe en billet eller anden ydelse gennem Ticketbutler Services køber du derfor din billet/ydelse direkte af arrangøren og Ticketbutler er alene formidler heraf.
I forbindelse med oprettelsen som bruger af Ticketbutler Services bekræfter du at have læst og accepteret disse betingelser samt vores privatlivspolitik, og du bekræfter samtidigt, at du er myndig og over 18 år.
Ticketbutler forbeholder sig ret til enhver tid at ændre disse standardvilkår og Ticketbutlers privatlivspolitik. Alle ændringer vil blive offentliggjort online. Ved at fortsætte med at gøre brug af Ticketbutler Services efter ændringer af disse handelsvilkår eller privatlivspolitikken, herunder ved køb et billetter via Ticketbutler Services, udtrykker du din forståelse og accept af de ændrede standardvilkår og/eller privatlivspolitik.
2. Bestilling og Betaling
Billetter mv. købes via Ticketbutler Services til den der angivne pris plus eventuelle gebyrer og omkostninger, som oplyses førend købet effektueres. Ved at klikke på “Køb billetter”-knappen afgiver du et ønske til Ticketbutler og eventarrangøren om at købe en eller flere billetter eller anden ydelse. Købet er imidlertid ikke endeligt afsluttet, førend du modtager en ordrebekræftelse eller den bestilte ydelse pr. e-mail. Ticketbutler forbeholder sig ret til at afvise dit køb med eller uden begrundelse.
Du kan betale med Visa, Maestro og MasterCard samt for nogle events Dankort, MobilePay og Apple Pay. Betaling kan kun ske ved online betaling via Ticketbutler Services. Ticketbutler henleder din opmærksomhed på, at du efter reglerne i lov om betalingstjenester og elektroniske penge har indsigelsesret med henblik på at standse eller tilbageføre betalingstransaktioner i Ticketbutler Services.
Hvis billetprisen overstiger DKK 0, bliver der pålagt et billetgebyr på DKK 5.00 per billet (inkl. moms) og dertil 5.00% (inkl. moms) af den samlede pris; dog maksimalt DKK 75.00 (inkl. moms) per billet. Arrangøren kan vælge at inkludere billetgebyret i billetprisen, hvorfor der for nogle events ikke vil blive pålagt et billetgebyr. Hvis prisen for salg af tillægsprodukter overstiger DKK 0, vil Ticketbutler opkræve et gebyr på DKK 2.50 per tillægsprodukt (inkl. moms) og dertil 2.50% (inkl. moms) af den samlede pris. Moms udgør 20% af billetsummen såfremt der er pålagt moms på arrangementet. Ved gratis billetter pålægges ikke billet- eller kortgebyr. Billet- og kortgebyr refunderes ikke.
Du kan blive tilbudt at købe associerede services eller produkter herunder, men ikke begrænset til, SMS-billetter, afbestillingsbeskyttelse o.l.. Ticketbutler kan for disse services pålægge et andet gebyr end ovenstående.
Ved køb af afbestillingsbeskyttelse godkender du betingelserne, som linkes til fra denne side.
Din betaling vil blive hævet fra dit betalingskort eller konto, når billetten eller anden ydelse er afsendt til dig via e-mail. Hvis betaling ikke modtages, vil billetten eller den eventuelle anden ydelse blive annulleret.
3. Levering
Levering af billet sker via e-mail afsendt af Ticketbutler i form af en PDF-fil. Levering vil ske til den e-mail, du har oplyst i forbindelse med bestillingen, og levering anses for sket, når billetten er afsendt fra Ticketbutler pr. e-mail.
4. Refundering af billetter og aflysning
Efter ”Lov om visse forbrugeraftaler” kan du have en fortrydelsesret vedr. dine køb. Vi gør opmærksom på, at din fortrydelsesret er et forhold mellem dig og arrangøren.
Billetter. Du skal være opmærksom på, at billetter i henhold til ”Lov om visse forbrugeraftaler § 17” som udgangspunkt ikke er omfattet af en fortrydelsesret. I tilfælde af aflysning henvises der til den ansvarlige arrangør for yderligere information og eventuel refundering. Billetter refunderes i sådanne tilfælde som udgangspunkt altid. Vi gør særligt opmærksom på, at vi som formidler af billetten ikke hæfter for aflysninger ol.
Andre ydelser. For andre ydelser har du efter forbrugeraftaleloven ret til at fortryde dit køb inden for 14 kalenderdage uden begrundelse. Fristen beregnes forskelligt alt efter, om der er tale om køb af en vare eller køb af en tjenesteydelse. Ved køb af en vare løber fortrydelsesfristen fra det tidspunkt, hvor du får varen i fysisk besiddelse. Ved køb af tjenesteydelser løber fortrydelsesfristen fra aftalens indgåelse.
Fortrydelsesretten er betinget af, at ydelsen leveres tilbage til arrangøren i væsentlig samme stand og mængde, som den var ved leveringen til dig.
Hvis du ønsker at gøre brug af din fortrydelsesret over for arrangøren, skal du tage direkte kontakt til arrangøren og derefter returnere varen til samme. Arrangøren vil derefter tilbagebetale købesummen til dig. Du kan også vælge at give Ticketbutler meddelelse om, at du ønsker at bruge din fortrydelsesret ved fx at udfylde denne formular, og Ticketbutler vil herefter tage kontakt til arrangøren herom.
Det fremhæves, at du har 2 års reklamationsret under købeloven vedrørende varer og 3 år vedrørende tjenesteydelser, som du har købt via Ticketbutler. Du skal imidlertid reklamere inden rimelig tid efter at du opdager en mangel.
5. Ansvarsbegrænsning
Ticketbutler har ikke mulighed for at genfremsende en billet ved bortkomst deraf. Ønske om genfremsendelse af eventuelt bortkommen billet skal ske til arrangøren.
Ticketbutler hæfter ikke og kan ikke gøres ansvarlig i tilfælde af betalingsstandsning, konkurs, aflysning eller flytning af dato for afholdelse af et arrangement eller andre reklamationer vedrørende det aktuelle arrangement. Al henvendelse herom rettes til arrangøren, som er din direkte kontraktpart.
Ticketbutler hæfter ikke og kan ikke gøres ansvarlig for eventuelle krav i forbindelse med kopiering eller videresalg af billetter.
6. Lovvalg og værneting
Vores aftale reguleres og fortolkes i henhold til dansk lov uden hensyn til reglerne i dansk ret om lovvalg eller lovkonflikter. Eksklusivt værneting for enhver tvist skal være domstolene i Danmark.
7. Øvrige vigtige bestemmelser
Ticketbutler tager forbehold for eventuelle skrive- og/eller trykfejl i Ticketbutler Services, herunder i priser og vedrørende udsolgte events.
Vi tager også forbehold om at annullere din(e) billet(ter) mod tilbagebetaling af billettens pris (billet- og kortgebyr refunderes ikke).
Organiser Data Processor Agreement
This Data Processor Agreement (“DPA”) applies to Organisers using the Ticketbutler platform and require Ticketbutler to process Personal Data on their behalf as part of Organiser’s use of the Ticketbutler Services. Refer to Terms & Conditions for further information (“Generelle Forretningsbetingelser for Arrangører”). The Data Controller and the Data Processor may be referred to individually as a “Party” and collectively as the “Parties”.
Ticketbutler ApS is a company under Danish law with registered offices at:
Raffinaderivej 10
2300 København S
Denmark
WHEREAS
(A) Ticketbutler is the Data Processor that performs ticketing services on behalf of the Data Controller. Ticketbutler is hereafter represented as “Data Processor”.
(B) The Organiser is the Data Controller that wishes to subcontract certain Services (as defined below), which imply the processing of personal data, to the Data Processor. The Organiser is hereafter represented as “Data Controller”.
(C) The Parties seek to implement a data processing agreement that complies with the requirements of the current legal framework in relation to data processing and with the Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation). (D) The Parties wish to lay down their rights and obligations.
IT IS AGREED AS FOLLOWS:
Definitions and Interpretation
Unless otherwise defined herein, capitalized terms and expressions used in this Agreement (including the recitals hereto) shall have the following meaning:
“Agreement” means this Data Processing Agreement and all Schedules, if any.
“Confidential Information” means all information disclosed by a Party to the other Party pursuant to this Agreement which is either designated as proprietary and/or confidential, or by its nature or the nature of the circumstances surrounding disclosure, should reasonably be understood to be confidential, including (but not limited to), information on products, customer lists, price lists and financial information.
“Schedule” means a schedule to the Data Processing Agreement and which forms an integral part of the Agreement.
“Service” means ticket and registration. The Service is described more in detail in Schedule 1.
The clause headings in this Agreement are for reference purposes only and shall not be used in the interpretation thereof.
Object of this Agreement
The Data Processor shall perform the Services in accordance with the provisions of the Agreement.
Relationship between the Parties
None of the provisions of this Agreement can be interpreted as indicating the intent of the Parties to form a company, association or joint venture.
Duration and Termination
The duration of this Agreement shall be two year from the date of signature of this Agreement unless renewed before this date.
Either Party shall have the right to terminate the Agreement, partially or entirely, forthwith by sending a written notice of termination to the other Party specifying the reasons for the termination, if any of the following events occur:
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- the other Party materially breaches any of its obligations under this Agreement
- the other Party breaches any of its obligations under this Agreement and, notwithstanding a written request from the non-breaching Party to remedy such a breach, fails to comply with such a request within a period of thirty days following such notice;
- an event of force majeure prevails for a period exceeding three months; or
- the other Party becomes insolvent or enters liquidation, a petition in bankruptcy is filed for it or a receiver is appointed.
Upon the termination or expiry of this Agreement, any rights and obligations of the Parties, accrued prior to the termination or expiry thereof shall continue to exist.
Upon termination or expiry of the Agreement, or at any earlier moment if the personal data are no longer relevant for the delivery of the Services, at the choice of the Data Controller, the Data Processor shall delete or return all the personal data to the Data Controller, and delete existing copies unless a law or regulation requires storage of the personal data.
The provision of articles 4, 5, and 6 of this Agreement shall survive the termination of this Agreement.
Data Protection
As the performance of the Agreement and the delivery of the Services implies the processing of personal data, the Data Controller and the Data Processor shall comply with the applicable data protection legislation and regulations.
The Data Processor shall ensure that in relation to personal data disclosed to it by, or otherwise obtained from the Data Controller, it shall act as the Data Controller’s data processor in relation to such personal data and shall therefore:
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- from 25 May 2018, create and maintain a record of its processing activities in relation to this Agreement; the record will be kept for seven days and hereafter deleted; the Data Processor shall make the record available to the Data Controller, any auditor appointed by it and/or the supervisory authority on first request;
- not process the personal data for any purpose other than to deliver the Services and to perform its obligations under the general terms and conditions including this Agreement in accordance with the documented instructions of the Data Controller; if it cannot provide such compliance, for whatever reasons, it agrees to promptly inform the Data Controller of its inability to comply;
- inform the Data Controller immediately if it believes that any instruction from the Data Controller infringes applicable data protection legislation and regulations;
- not disclose the personal data to any person other than to its personnel or sub-processors as necessary to perform its obligations under the Agreement and ensure that such personnel is subject to statutory or contractual confidentiality obligations;
- take appropriate technical and organizational measures against any unauthorized or unlawful processing, and to evaluate at regular intervals the adequacy of such security measures, amending these measures where necessary; these security measures are described in Appendix 1.
- ensure that access, inspection, processing and provision of the personal data shall take place only in accordance with the need-to-know principle, i.e. information shall be provided only to those persons who require the personal data for their work in relation to the performance of the Services;
promptly notify the Data Controller about:
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- any legally binding request for disclosure of the personal data by a data subject, a judicial or regulatory authority unless otherwise prohibited, such as the obligation under criminal law to preserve the confidentiality of a judicial enquiry, and to assist the Data Controller there with
- any accidental or unauthorized access, and more in general, any unlawful processing and to assist the Data Controller there with;
- deal promptly and properly with all reasonable inquiries from the Data Controller relating to its processing of the personal data or in connection with the Agreement;
- make available to the Data Controller all information necessary to demonstrate compliance with the applicable data protection legislation and regulations;
- at the request and costs of the Data Controller, submit its data processing facilities for audit or control of the processing activities – in such case Ticketbutler requires up to 30 business days for preparation;
- refrain from engaging another data processor without the prior written consent of the Data Controller;
Personal data processed in the context of this Agreement may not be transferred to a country outside the European Economic Area without the prior written consent of the Data Controller. If personal data processed under this Agreement is transferred from a country within the European Economic Area to a country outside the European Economic Area, the Parties shall ensure that the personal data are adequately protected. To achieve this, the Parties shall, unless agreed otherwise, rely on EU approved standard contractual clauses for the transfer of personal data.
Assistance to the Data Controller
The Data Processor, taking into account the nature of the processing, shall, as far as possible, assist the Data Controller with appropriate technical and organisational measures, in the fulfilment of the Data Controller’s obligations to respond to requests for the exercise of the data subjects’ rights pursuant to Chapter 3 of the General Data Protection Regulation. This entails that the Data Processor should as far as possible assist the Data Controller in the Data Controller’s compliance with:
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- notification obligation when collecting personal data from the data subject
- notification obligation if personal data have not been obtained from the data subject
- right of access by the data subject
- the right to rectification
- the right to erasure (‘the right to be forgotten’)
- the right to restrict processing
- notification obligation regarding rectification or erasure of personal data or restriction of processing
- the right to data portability
- the right to object
- the right to object to the result of automated individual decision-making, including profiling
The Data Processor shall assist the Data Controller in ensuring compliance with the Data Controller’s obligations pursuant to Articles 32-36 of the General Data Protection Regulation taking into account the nature of the processing and the data made available to the Data Processor, cf. Article 28, sub-section 3, para f. This entails that the Data Processor should, taking into account the nature of the processing, as far as possible assist the Data Controller in the Data Controller’s compliance with:
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- the obligation to report personal data breaches to the supervisory authority (Danish Data Protection Agency) without undue delay and, if possible, within 72 hours of the Data Controller discovering such breach unless the personal data breach is unlikely to result in a risk to the rights and freedoms of natural persons
- the obligation – without undue delay – to communicate the personal data breach to the data subject when such breach is likely to result in a high risk to the rights and freedoms of natural persons
- the obligation to carry out a data protection impact assessment if a type of processing is likely to result in a high risk to the rights and freedoms of natural persons
- the obligation to consult with the supervisory authority (Danish Data Protection Agency) prior to processing if a data protection impact assessment shows that the processing will lead to high risk in the lack of measures taken by the Data Controller to limit risk
The Parties’ possible regulation/agreement on remuneration etc. for the Data Processor’s assistance to the Data Controller shall be specified in the Parties’ ‘Master Agreement’ or in Appendix D to this Data Processing Agreement.
Confidentiality
Each Party acknowledges that during this Agreement, a Party (the “receiving Party”) may become privy to Confidential Information which is disclosed by the other Party (the “disclosing Party”).
The receiving Party shall keep all Confidential Information confidential. The receiving Party shall not disclose Confidential Information to any third party, and shall not use Confidential Information for any purposes other than for the purposes of this Agreement. The receiving Party shall safeguard the Confidential Information to the same extent that it safeguards its own confidential and proprietary information and in any event with no less than a reasonable degree of protection.
Each Party agrees that before any of its subcontractors and/or agents may be given access to Confidential Information, each such subcontractor and/or agent shall agree to be bound by a confidentiality undertaking comparable to the terms of this Agreement. Notwithstanding the return of any Confidential Information, each Party and its subcontractors and/or agents will continue to hold in confidence all Confidential Information, which obligation shall survive any termination of this Agreement.
In the event the receiving Party is requested or required to disclose, by court order or regulatory decision, any of the disclosing Party’s Confidential Information, the receiving Party shall provide, to the extent permitted, the disclosing Party with prompt written notice so that the disclosing Party may seek a protective order or other appropriate remedy and/or waive compliance with the provisions of this Agreement. The receiving Party shall furnish only that portion of the Confidential Information which is legally required.
Within 20 business days following:
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- the termination or expiry of this Agreement or
- the disclosing Party’s reasonable earlier request at any time,
- the receiving Party shall destroy or return to the disclosing Party (at its option) any and all of the disclosing Party’s Confidential Information, and shall purge all copies and traces of the same from any storage location and/or media.
The confidentiality undertaking under this Article 6 shall not be applicable if the Confidential Information:
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- has become publicly known prior to being divulged or thereafter, but without any breach of confidentiality undertaking; or
- had been legitimately obtained from a third party neither tied by an obligation of confidentiality nor professional secrecy; or
- was independently created by the receiving Party without use of any Confidential Information of the disclosing Party; or
- was already known or developed by the Receiving Party, as can be demonstrated by documentary evidence.
Intellectual Property Rights
The Data Processor is and shall remain the owner of any materials used or made available in the context of the delivery of the Services.
The Data Processor grants to the Data Controller a limited, personal, non-exclusive, non-transferable right to use any material provided in the context of the delivery of the Services. This license is coterminous with the Agreement.
Miscellaneous Provisions
Any amendments to this Agreement, as well as any additions or deletions, must be agreed in writing by both the Parties.
Whenever possible, the provisions of this Agreement shall be interpreted in such a manner as to be valid and enforceable under the applicable law. However, if one or more provisions of this Agreement are found to be invalid, illegal or unenforceable, in whole or in part, the remainder of that provision and of this Agreement shall remain in full force and effect as if such invalid, illegal or unenforceable provision had never been contained herein. Moreover, in such an event, the Parties shall amend the invalid, illegal or unenforceable provision(s) or any part thereof and/or agree on a new provision in such a way as to reflect insofar as possible the purpose of the invalid, illegal or unenforceable provision(s).
Any failure or delay by a party in exercising any right under this Agreement, any single or partial exercise of any right under this Agreement or any partial reaction or absence of reaction by a party in the event of a violation by the other party of one or more provisions of this Agreement, shall not operate or be interpreted as a waiver (either express or implied, in whole or in part) of that party’s rights under this Agreement or under the said provision(s), nor shall it preclude any further exercise of any such rights. Any waiver of a right must be express and in writing. If there has been an express written waiver of a right following a specific failure by a party, this waiver cannot be invoked by the other party in favor of a new failure, similar to the prior one, or in favor of any other kind of failure.
Applicable Law and Jurisdiction
The laws of Denmark shall apply to this Agreement.
The Courts of Denmark shall have exclusive jurisdiction with respect to all disputes arising out of or in connection with this Agreement. Attempts to solve disputes informally shall not prevent the Parties from submitting such disputes to the Courts.
List of Appendices
Appendix 1: Data Processing and Security
In addition to the information provided elsewhere in the Agreement, the Parties wish to document the following information in relation to the data processing activities:
The data processing performed by the Data Processor on behalf of the Data Controller relates to the ticketing and registration platform. The data processing activity consists of registering and handling all payment related services including chargebacks.
The categories of personal data involved are:
Contractual Data:
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- Full name
- Email Address
- Phone number
Additional data:
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- Information related to events booked and attended
- Relationship to Organiser
- Personal Data that Organiser request of its ticket buyers, registrants, and/or donors
The data subjects are the ticket buyers, registrants, and donors.
The duration of the data processing activities is set out in the Agreement.
2. Description of security measures
The Data Processor has implemented the following security measures:
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- Restrictive Access Control
- Data segregation
- Encrypted data storage
- Network encryption
- Automatic data purging
3. Appointed sub-processors
The Data Processor has appointed the following sub-processors:
QuickPay – Payment Service Processor (EU)
Clearhaus – Acquirer (EU)
NETS – Acquirer (EU)
Stripe – Acquirer and Payment Service Processor (USA – agreement type is based on SCC)
Nexmo – SMS service (USA – agreement type is based on SCC)
Amazon Web Services – Hosting and email sending (EU)
IBM Cloud – Server hosting (EU)
Booking Protect – Handling of refund protection (EU)