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PRIVACY AND COOKIES POLICY
Effective date: 01 November 2018

1. Who are we?

1.1. We are Audiosmiths Limited. We own and operate this website. Our company information is in our terms of use.

1.2. We are registered with the Information Commissioner's Office in the United Kingdom under registration reference ZA217704.

2. What’s the purpose of this policy?

2.1. It tells you about the personal data we collect and what we do with it. It applies where we are acting as a data controller with respect to the personal data of our site visitors and app users.

2.2. Please do not use our site or apps unless you are happy with this policy.

3. Amendments

3.1. We may update this policy from time to time by publishing a new version on our site. Please check this page from time to time to ensure you are happy with any changes.

4. How we use your personal data

4.1. In this section 4 we have set out:

a) the general categories of personal data that we may process;

b) in the case of personal data that we did not obtain directly from you, the source and specific categories of that data;

c) the purposes for which we may process personal data; and

d) the legal bases of the processing.

4.2. We may process data about your use of our site, apps and services ("usage data"). The usage data may include your internet protocol (IP) address, geographical location, web browser type and version, operating system, device type, referral source, length of visit, page views and navigation paths, as well as information about the timing, frequency and pattern. The sources of the usage data are our software, Google Analytics and Cloudflare. This usage data may be processed for the purpose of analysing the use of our site and apps. The legal basis for this processing is our legitimate interests, namely monitoring, protecting and improving our services.

4.3. We may process your account data ("account data"), which includes your name, email address and password/passphrase. The source of the account data is you when you register with us or subsequently use our edit facilities. The account data may be processed for the purposes of operating our site and apps, providing our services, communicating with you and sending you messages that you have opted into. The legal basis for this processing is consent.

4.4. We may process your information included in your profile on our site ("profile data"). The profile data may include your screen name, gender, date of birth, town, favourite genres, profile image, and various settings and preferences. The profile data may be processed for the purposes of enabling and monitoring your use of our site, apps and services. The legal basis for this processing is consent.

4.5. We may process information that you post for publication on our site or apps ("publication data"). The publication data may be processed for the purposes of enabling such publication and administering our site and apps. The legal basis for this processing is consent.

4.6. We may process information relating to transactions, e.g. purchases of tickets, that you enter into through our site ("transaction data"). The transaction data may include your email address and the transaction details. The transaction data may be processed for the purpose of facilitating the supply of the purchased goods and/or services and keeping proper records of those transactions. The legal basis for this processing is our legitimate interests, namely our interest in the proper administration of our site and business.

4.7. We may process information that you provide to us for the purpose of subscribing to one or more of our our notification services described in this sub-section 4.7 ("notification data"). The legal basis for this processing is consent.

a) If you have given permission on our site, we may send you by email news about the site. If you have given separate permission(s), we may send you (by email and/or notification) news about our apps. If you have given other separate permission(s), we may inform you by email about new festival, promoter and/or venue registrations. Such permissions are configurable from your account page; any changes you make to them will take effect within 1 hour.

b) If you complete and submit a form, we may send you emails and/or notifications about events created by the relevant profile holder. If you make an appropriate selection, we may send you emails and/or notifications containing news from the relevant profile holder. Such permissions are configurable from your ♥ page (for individual profile holders) and your account page (for global options); any changes you make to them will take effect within 24 hours.

c) If you have given permission(s), we may send you emails and/or notifications about specific actions taken by other users, e.g. updating an event, or editing or commenting on a backstage page. Such permissions are configurable from your account page; any changes you make to them will take effect within 24 hours.

4.8. If you ♥ any profile holders, your profile data (excluding names), relevant notification data and/or the set of your ♥ may be processed for the purpose of creating statistical reports. The legal basis for this processing is our legitimate interests, namely monitoring our site and maintaining its facilities.

4.9. The decision-making described in this sub-section 4.9 may be made automatically.

a) We may process your screen name, profile image and/or publication data for the purpose of deciding whether to accept such data or, if already accepted, whether to partially or completely unpublish or delete it. This decision-making will include estimating the probability of any further data submitted by you breaching our terms of use, the consequences of which are that you may be temporarily or permanently barred from such submissions.

b) We may process data about any content-flagging you engage in for the purpose of deciding how much importance we attach to such activity in the future.

c) If you complete and submit a form, we may process any of your personal data for the purpose of estimating the probability of you attending an event involving the relevant profile holder. The results of this processing may be included in the statistical reports described in sub-section 4.8.

The legal basis for this processing is our legitimate interests, namely maintaining the quality of the content on our site.

4.10. We may process information contained in or relating to any communication that you send to us ("correspondence data"). The correspondence data may include the communication content and metadata associated with the communication. The correspondence data may be processed for the purposes of communicating with you and record-keeping. The legal basis for this processing is our legitimate interests, namely the proper administration of our site and business and communications with users.

4.11. We may process any of your personal data identified in this policy where necessary to obtain professional advice, or for the establishment, exercise or defence of legal claims, whether in court proceedings or in an administrative or out-of-court procedure. The legal basis for this processing is our legitimate interests, namely the protection and assertion of our legal rights, your legal rights and the legal rights of others.

4.12. In addition to the specific purposes for which we may process your personal data set out in this section 4, we may process any of your personal data where such processing is necessary for compliance with a legal obligation to which we are subject, or in order to protect your vital interests or the vital interests of another natural person.

4.13. Please do not supply any other person's personal data to us, unless we prompt you to do so.

5. Retention of personal data

5.1. Your personal data will be retained on our live system for a maximum period of 1 week following deletion of your account, except for:

a) a limited set of data that we retain for up to 1 year for the purpose of comparison with newly-created accounts;

b) any temporary data in our caches, which may take up to 1 month to disappear;

c) transaction data, the retention of which would then be in accordance with sub-section 5.2; and

d) corrrespondence data, the retention of which is covered in sub-section 5.3.

5.2. Transaction data not linked to a live account are retained for up to 1 year following the transaction date or, if applicable, up to 6 months following the event date, whichever is later.

5.3. Correspondence data is retained for up to 1 year after it no longer relates to any ongoing developments.

5.4. Email addresses stored because of incomplete registrations, pending invites and backstage passes waiting to be taken up are retained for up to 6 months.

5.5. We keep online backups of images you upload to our site for the purpose of recovery from errors; these backups are retained for a maximum period of 1 year following their deletion. The names of such image files include your Tourheat user ID.

5.6. We keep offline backups of our database for the purpose of recovery from errors; these backups are retained for a maximum period of 1 year following their creation.

5.7. Notwithstanding the other provisions of this section 5, we may retain your personal data where such retention is necessary for compliance with a legal obligation to which we are subject, or in order to protect your vital interests or the vital interests of another natural person.

6. Security of personal data

6.1. Your personal data is stored on our servers, which are located in England.

6.2. To protect your data we have put in place physical, electronic and organisational defences. Please be aware that no security system can prevent all breaches.

6.3. Your password/passphrase is stored in encrypted form. You can make the most of this security by choosing a password or passphrase that is not susceptible to being guessed, whether by a person or a computer program. You are responsible for keeping it confidential and we will never ask you for it verbally or in a message of any kind. If you haven't already, you might like to consider using a password manager (example here).

6.4. Your communications with our servers will pass through a number of network nodes between us, so we do not accept responsibility for any unauthorised access to or loss of personal data that stems from a cause beyond our control.

7. International transfers of your personal data

7.1. Your personal data may be transferred to countries outside the European Economic Area (EEA) for the purposes stated in section 8 below.

7.2. You acknowledge that personal data that you submit for publication through our site may be available, via the internet, around the world. We cannot prevent the use (or misuse) of such personal data by others.

8. Providing your personal data to others

8.1. We may allow third parties who provide us with a service to process your personal data. These third parties and the personal data they process are as follows:

a) Our Content Delivery Network provider, Cloudflare Inc., may process any of your personal data as it is an intermediary for your communications with our servers. Cloudflare is a member of the EU-US Privacy Shield Framework; see here for further information.

b) We share transaction data with our payment service provider, Stripe Payments Europe Ltd., to the extent necessary for the purposes of processing your transactions and dealing with any related correspondence. Payment card details are collected directly by Stripe; we do not receive such information. Stripe is a member of the EU-US Privacy Shield Framework. Stripe's privacy policy can be viewed here.

c) Amazon Web Services EMEA SARL (AWS Europe, a subsidiary of Amazon.com Inc.) provides us with backup and email services and, in so doing, may process:

i) images you upload (whose filenames include your Tourheat user ID); and

ii) your email address along with any of your personal data contained in any emails sent to you.

Amazon.com is a member of the EU-US Privacy Shield Framework - see here for further information.

d) Google LLC provides us with email services and, in so doing, may process your email address along with any of your personal data contained in any emails sent to you. Google is a member of the EU-US Privacy Shield Framework; see here for further information.

8.2. Very important:

a) If you are a fan, your screen name / town / country / profile image / registration date / Tourheat user ID may be displayed to some or all site users:

i) on maps in connection with certain activities on our site such as ♥ing a profile holder, the feature or diarising an event: this can be toggled using the “Ok to show my info window on fan maps” setting, accessible from your account page;

ii) in conjunction with any comments you post on our site; and

iii) on a user outline page (accessible from the aforementioned maps and comments, and your account page).

b) If you ♥ a profile holder:

i) any statistical reports that we provide to that profile holder for the purpose of gaining insights about their fanbase may include your profile data (excluding names), relevant notification data, the set of your other ♥ and/or the results of any processing of the type described in sub-section 4.9 part c; and

ii) part or all of the set of your other ♥ may be included in areas of the relevant profile entitled “Fans also ♥”.

c) If you are a profile holder:

i) Depending on the “Visibility” setting in the header of the “Contact info” box on your info page, your content within the aforementioned box may be disclosed to other users of our site.

ii) Artists only: The location you gave us on the edit location page may be disclosed to and searchable by other users of our site, depending on the option you selected under “How much of my location information should be published?” on the aforementioned page (accessible from your account page).

d) If you buy any tickets from a profile holder:

i) your profile data will be shared with that profile holder;

ii) your email address will be shared with that profile holder for the sole purpose of communicating with you about your booking; and

iii) you may give permission for that profile holder to send you directly (i.e. not via Tourheat) emails about their future events.

e) Invites and backstage passes:

i) Fans only: If you create an invite (using the form on your invites page, accessible from your account page), your full name and/or screen name will be contained within the invite sent to the recipient you specify, depending on the options you select on the aforementioned form.

ii) Profile holders only: If you create a backstage pass (using the form on your backstage access page, accessible from your account page), your profile name and URI will be contained within the invite sent to the recipient you specify.

8.3. We may disclose your personal data so far as is reasonably necessary for the purposes of obtaining professional advice or the establishment, exercise or defence of legal claims, whether in court proceedings or in an administrative or out-of-court procedure.

8.4. In addition to the specific disclosures of personal data set out in this section 8, we may disclose your personal data where such disclosure is necessary for compliance with a legal obligation to which we are subject, or in order to protect your vital interests or the vital interests of another natural person.

9. Your rights

9.1. In this section 9, we have summarised the rights that you have under data protection law. Some of the rights are complex, and not all of the details have been included in our summaries. Accordingly, you should read the relevant laws and guidance from the regulatory authorities for a full explanation of these rights.

9.2. Your principal rights under data protection law are:

a) the right to access;

b) the right to rectification;

c) the right to erasure;

d) the right to restrict processing;

e) the right to object to processing;

f) the right to data portability;

g) the right to complain to a supervisory authority; and

h) the right to withdraw consent.

9.3. You have the right to confirmation as to whether or not we process your personal data and, where we do, access to the personal data, together with certain additional information. That additional information, which is contained in this policy, includes details of the purposes of the processing, the categories of personal data concerned and the recipients of the personal data.

9.4. You have the right to have any inaccurate personal data about you rectified and, taking into account the purposes of the processing, to have any incomplete personal data about you completed.

9.5. In some circumstances you have the right to the erasure of your personal data without undue delay. Those circumstances include: the personal data are no longer necessary in relation to the purposes for which they were collected or otherwise processed; and you withdraw consent to consent-based processing. However, there are exclusions of the right to erasure. The general exclusions include where processing is necessary: for compliance with a legal obligation; or for the establishment, exercise or defence of legal claims.

9.6. In some circumstances you have the right to restrict the processing of your personal data. Those circumstances are: you contest the accuracy of the personal data; processing is unlawful but you oppose erasure; we no longer need the personal data for the purposes of our processing, but you require personal data for the establishment, exercise or defence of legal claims; and you have objected to processing, pending the verification of that objection. Where processing has been restricted on this basis, we may continue to store your personal data. However, we will only otherwise process it: with your consent; for the establishment, exercise or defence of legal claims; for the protection of the rights of another natural or legal person; or for reasons of important public interest.

9.7. You have the right to object to our processing of your personal data on grounds relating to your particular situation, but only to the extent that the legal basis for the processing is that the processing is necessary for: the performance of a task carried out in the public interest or in the exercise of any official authority vested in us; or the purposes of the legitimate interests pursued by us or by a third party. If you make such an objection, we will cease to process the personal information unless we can demonstrate compelling legitimate grounds for the processing which override your interests, rights and freedoms, or the processing is for the establishment, exercise or defence of legal claims.

9.8. You have the right to object to our processing of your personal data for scientific or historical research purposes or statistical purposes on grounds relating to your particular situation, unless the processing is necessary for the performance of a task carried out for reasons of public interest.

9.9. To the extent that the legal basis for our processing of your personal data is:

a) consent; or

b) that the processing is necessary for the performance of a contract to which you are party or in order to take steps at your request prior to entering into a contract

and such processing is carried out by automated means, you have the right to receive your personal data from us in a structured, commonly-used and machine-readable format. However, this right does not apply where it would adversely affect the rights and freedoms of others.

9.10. If you consider that our processing of your personal information infringes data protection laws, you have a legal right to lodge a complaint with a supervisory authority responsible for data protection. You may do so in the EU member state of your habitual residence, your place of work or the place of the alleged infringement.

9.11. To the extent that the legal basis for our processing of your personal information is consent, you have the right to withdraw that consent at any time. Withdrawal will not affect the lawfulness of processing before the withdrawal.

9.12. You may exercise the rights described in this section 9 by accessing and updating your personal data, accessing your personal data in the format described in sub-section 9.9, contacting us or deleting your account.

10. Accessing and updating your personal data

10.1. You can access and update your account data by logging in, viewing your account page and navigating to the edit facilities (button to the right of each item). Your profile and notification data can be accessed and updated from your ♥, news, and account pages. Your diary page offers the facility to delete events you previously added. You can access and update your publication data by revisiting the page on our site where such data is published.

11. Accessing your personal data in a structured, commonly-used and machine-readable format

11.1. You can access your personal data in such a format by logging in, viewing your account page and clicking “View” alongside “My portable data:”.

12. Notification services via our apps

12.1. Apple Push Notification Service (APNs) enables us to send notifications to our iOS app running on your device. When you log in to your Tourheat account on the app, Apple sends us a device token. We associate that token with your account, enabling us to send you notifications that you have opted into. APNs is owned by Apple Inc. Please see Apple's Privacy Governance statement here.

12.2. Firebase Cloud Messaging enables us to send notifications to our Android app running on your device. When you log in to your Tourheat account on the app, Firebase sends us an Instance ID. We associate that ID with your account, enabling us to send you notifications that you have opted into. Firebase is a subsidiary of Google LLC. Please see here for further information including the retention period for Instance IDs.

13. Google Maps

13.1. We use the Google Maps API. Google’s privacy policy applies to any use of our implementation of this API.

14. Advertising

14.1. We may use your personal data to enable advertisers to display advertisements and promotions on our site and/or apps. However, we do not disclose your personal data to the advertisers for these purposes. Instead, they can use our facilities to target certain demographics: by age, gender, favourite genre and/or the location you gave us or that we derived from communications to our site.

15. Third parties

15.1. Except as otherwise specifically included in this policy, this document addresses only the use and disclosure of information we collect from you. If you disclose your information to third parties, whether they are other users of our site or other sites, different rules may apply to their use or disclosure of your information.

16. Personal data of children

16.1. Our site and services are targeted at persons over the age of 13.

16.2. If we have reason to believe that we hold personal data of a person under that age in our database, we will delete that data.

17. Cookies, local storage and local shared objects

17.1. A cookie is a small piece of data that is sent by a web server to a web browser and stored by the browser. You will not be able to register, log in or buy tickets if you configure your browser to reject cookies. Further information on cookies is available at http://www.whatarecookies.com.

17.2. We use cookies for the following purposes:

a) Session cookie: This is a temporary cookie that your browser normally deletes when it is closed. When you visit the site without a valid session cookie, our server starts a new session for you and sends your device a cookie containing an identifier for that session. Each time you request a page, the identifier forms part of the request. In this way, you can log in: this process tells the server to associate the session with your account.

b) Cloudflare cookies: Our content delivery partner Cloudflare may place cookies “to identify malicious visitors, reduce the chance of blocking legitimate users, and to provide customized services”. For more information, see Cloudflare’s privacy policy and What does the Cloudflare cfduid cookie do?.

c) Stripe cookies: Our payment service provider, Stripe, may place cookies if you select the “remember me” option when using Stripe Checkout. More information is available in clause 2 of the Stripe Checkout User Terms of Service.

d) Google Analytics cookies: Our site uses the analytics.js JavaScript library, which sets 3 first-party cookies: _ga (expires in 2 years, used to distinguish users), _gid (expires in 24 hours, used to distinguish users) and _gat (expires in 1 minute, used to throttle request rate). analytics.js enables the collection of data about visits to our site such as visitor numbers, duration of visits, routes through the site, what sites visitors came from and page load times around the world. This information helps us to decide which aspects of the site's performance need attention. Click here to read about how Google Analytics collects and processes data. Please note that analytics.js does not require setting cookies to transmit data to Google Analytics. Click here to opt out of Google Analytics. We do not connect information gathered using Google Analytics with any other data that we hold about you and we do not upload to Google any data that allows Google to personally identify you.

17.3. We use CKEditor, a web text editor, to help profile holders create web content for publication on the site. We have included the AutoSave Plugin, the purpose of which is to automatically periodically save the current contents of the editor to local storage in the user's browser. By doing this, if an interruption occurs before the document is sent to the site, the user has a chance of recovering their work. The only use of this data is to repopulate the editor if the user wishes. Further information on local storage is available at https://en.wikipedia.org/wiki/Web_storage#localStorage.

17.4. Profile holders may embed on their pages content from third-party sites (e.g. YouTube videos). When you visit a page containing such content, those sites may present your device with cookies and/or local shared objects. We do not have any access to or control over such data. For more information, you should consult the relevant site directly.

18. How does our site respond to “do not track” requests?

18.1. Our session cookie does not facilitate tracking across third-party sites or services, so “do not track” requests are not acted upon by us. To the best of our knowledge, the Cloudflare, Stripe and Google Analytics services do not respond to these requests. Cloudflare's cookies are an integral part of their service, you can avoid Stripe's cookies by not selecting their “remember me” option, and Google Analytics offers an opt-out (see sub-section 17.2 part d).

19. Data protection officer

19.1. Our data protection officer can be reached here.