Terms and Conditions Trisbee.com - Sale of Tickets
Last change: 8/25/2020
SECTION 1 - INTRODUCTION AND BASIC TERMS
1.1. Who shall comply with these Terms and Conditions?
1. Trisbee s.r.o., with its registered office in Prague 6, Vokovice, K Červeném vrchu 678/1, postal code 160 00, Commercial Registration No.: 04775660, registered in the Commercial Register of the Municipal Court in Prague under file number C 306886 (hereinafter referred to as "Trisbee"), as payment service provider and ticket agent.
2. Any entity that enters into an agreement with Trisbee on the mediation of tickets sale to third parties, for events organized by such entity (hereinafter referred to as the "Promoter"). Each Promoter shall be properly identified in the event description, including the contacts thereto.
3. Any person who intends to use the option of purchasing tickets for an event organized by the Promoter through Trisbee and for this purpose expresses their consent to these Terms and Conditions (hereinafter referred to as the "Buyer").
1.2. What do these Terms and Conditions provide for?
1.2.1. These Terms and Conditions govern the rights and obligations of Trisbee, of the Promoter and of the Buyer arising in connection with mediation of ticket sales by Trisbee to the Buyer, for cultural, sporting or other events organized by the Promoter (hereinafter referred to as "Event(s)").
1.2.2. Trisbee offers tickets for the Promoter's Events on its website goforboom.com and arranges for their production, sale and delivery to the Buyers, thus on behalf of the Promoter (Trisbee acts as the sales agent) and for the account thereof, under a mandate granted in accordance with the contract concluded between Trisbee and the Promoter.
1.2.3. By purchasing a ticket, the Buyer acknowledges that the Promoter is the person organizing the Event, not Trisbee. The Promoter shall be responsible for holding of the Event and/or for any changes thereof, as well as for notifying the Buyer of any failure to hold the Event or of any changes thereto. The Promoter reserves the right to make changes regarding the Event, its program, date or venue. The Buyer acknowledges this right of the Promoter too. Trisbee shall be in no way responsible for timeliness of information about the Event organized by the Promoter on the Promoter's website in events where the Promoter does not notify Trisbee of the failure to hold the Event or of changes thereto.
1.2.4. Trisbee does not provide payment services to the Provider when mediating the sale of tickets.
1.2.5. The Buyer's payments for purchased tickets to the Promoter's Event shall be credited to the Trisbee's bank account. The settlement of the received transactions between Trisbee and the Promoter shall be subsequently carried out in accordance with the agreement of the Parties (Ticket Agency Agreement) and with these Terms and Conditions.
1.2.6. These Terms and Conditions form an integral part of the contract concluded between the Promoter and the Buyer as the person purchasing tickets to an Event through Trisbee. These Terms and Conditions also form an integral part of the Ticket Agency Agreement concluded between the Promoter and Trisbee.
SECTION 2 - RIGHTS AND OBLIGATIONS OF THE BUYER
2.1. How to buy a ticket?
2.1.1. The Buyer selects the Event which they want to purchase ticket(s) for on the goforboom.com website; the selection shall move them to the section describing in detail the Event and indicating specific conditions of the Event (date, venue, ticket price, etc.) including conditions relating to the purchased ticket(s). In this section (detailed description of the Event), the Buyer shall fill in their identification data, type and number of tickets to be bought (number of tickets per one Buyer may be limited by the Promoter) and/or other data that may be necessary to enable the Buyer's participation in the Event (e.g. age), and using the "Buy tickets" (Zakoupit vstupenky) button shall confirm their interest in buying the ticket(s) in question.
2.1.2. By confirming the "Buy tickets" (Zakoupit vstupenky) button, the Buyer confirms that they have read all published conditions of the Event and these Terms and Conditions, as well as the Personal Data Protection Policy and agree therewith.
2.1.3. Once all the necessary identification data are filled in and the type and number of tickets are entered, the Buyer is asked on the next page to select a payment method and to perform payment for the ticket(s). If the payment is then properly credited to the Trisbee's bank account, the ticket is reimbursed in full.
2.1.4. After payment of the ticket price, the Buyer receives (by e-mail or by text message, if applicable) a confirmation of the ticket purchase and a unique identifier of the purchased ticket. The ticket identifier becomes active upon payment of the ticket price according to Article 2.1.3. hereof, and subsequently serves as an entrance ticket to the Event. The Buyer produces the ticket identifier when entering the Event.
2.1.5. The purchase contract (in this case so-called leisure-time activity contract) mediated by Trisbee is concluded between the Promoter and the Buyer upon payment of the ticket price, provided that Trisbee sends to the Buyer a confirmation of the ticket(s) purchase according to Article 2.1.4. hereof, thus in the manner chosen by the Buyer (email or text message) and to the contact specified thereby.
2.1.6. By purchasing a ticket, i.e. by concluding the contract, the Buyer undertakes to comply with all rules and instructions of the Promoter relating to the relevant Event. The Promoter may update, specify or change the conditions of the Event, or cancel the Event any time before the Event takes place. The Buyers are informed about such circumstance by email. Trisbee (as a ticket agent) is in no way liable for any material or non-material damage that may be incurred by a Buyer in connection with participation in or non-participation in the Event or in connection with the failure to hold the Event.
2.2.1. In accordance with the provisions of § 1837 letter j) Act. No. 89/2012 Coll. (Civil Code), the Buyer is not entitled to withdraw from the contract for the purchase of tickets, as it is a leisure-time activity contract.
2.2.2. The purchased ticket(s) cannot be returned or exchanged; the Buyer is not entitled to a refund of the entrance fee if they cannot participate in the selected Event, for whatever reason. This provision applies, unless otherwise specified by the Promoter for a specific Event.
2.2.3. Trisbee shall not be liable for non-delivery of the ticket(s) (unique ticket identifier(s)) for an Event to the e-mail box designated by the Buyer for reasons attributable to the Buyer, such as full e-mail box, spam filter, incorrectly entered e-mail address, etc. If the Buyer have not received the repaid ticket(s) (unique ticket identifier(s)) to the e-mail box within 24 hours upon purchase of the ticket(s) according to Article 2.1.4. hereof, the Buyer should contact Trisbee and follow the instructions (varying depending on the specific situation) given by Trisbee thereto. If the ticket is not even then successfully delivered to the Buyer, or if the Event has already taken place in the meantime, Trisbee shall return the amount of the paid ticket price to the Buyer.
2.2.4. In the case that the date of the Event is changed by the Promoter or the Event is canceled entirely, the Buyer has the right to claim a refund of the ticket(s) price with the Promoter, or to obtain a voucher for future purchase of ticket(s). This right shall be exercised by the Buyer either directly with the Event Promoter or through Trisbee without undue delay, no later than within 5 days from the original date of the Event, provided that the ticket(s) has/have not been used by the Buyer yet. The Buyer's right to a refund of the paid ticket price or to an issuance of a voucher for the amount of the original ticket price according to the previous sentence shall be settled by the Promoter or by Trisbee (in case of Trisbee, always only up to the amount of funds made available to Trisbee from the Promoter, i.e. to the amount of funds acquired from the sale of tickets from Buyers that Trisbee has not sent to the Promoter yet.
2.2.5. In case of any questions regarding the purchase of ticket(s) or claims thereof the Buyers may address Trisbee at [firstname.lastname@example.org].
SECTION 3 - RIGHTS AND OBLIGATIONS OF THE PROMOTER
3.1. This part of the Terms and Conditions governs the contractual relationship between the Promoter as the organizer of the Event and Trisbee as the ticket agent for the Promoter's Events, and applies at all times, unless otherwise expressly agreed between Trisbee and the Promoter. The subject of the agreement between Trisbee and the Promoter is Trisbee's obligation to mediate the sale of tickets for the Promoter's Event, for which the Promoter undertakes to pay an agreed fee to Trisbee.
3.2. Trisbee and the Promoter shall always agree on the specific requirements of the Promoter regarding mediation of the tickets sale for an Event and promotion of a Promoter's Event. They shall also agree on the subject and scope of their cooperation - all the Event conditions such as the date and venue, etc., quantity of tickets offered for sale through Trisbee, the date of commencement and termination of online tickets sale, individual types and prices of tickets, the conditions for promoting of the Event on the Trisbee website designated for this purpose and other conditions. Such an agreement may be made orally or in written or upon mutually confirmed email messages; together with these Terms and Conditions such an agreement shall constitute a contract concluded between the Parties. Unless Trisbee and the Promoter agree otherwise regarding the promotion of an Event, it is understood that Trisbee may promote the Promoter's Event independently and, at the same time, that Trisbee may promote its participation in the Event too.
3.3. Trisbee is entitled to refuse mediation of ticket sales in respect of any Event the content of which is incompatible with Trisbee's business intentions or general attitudes and interests. The mediation of any already running sale of tickets for an Event may be terminated for the same reason, provided that the incompatibility of interests could not be objectively ascertained from the information provided by the Promoter at the conclusion of the contract.
3.4. Unless Trisbee and the Promoter agree otherwise, the Promoter undertakes to ensure:
a) that the website operated thereby and containing the promotion of the Event, contains the Trisbee logo, thus at least on the page referring to the sale of tickets for the Event(s),
b) that, as part of the purchase of a ticket for an Event, the sale of which is mediated by Trisbee, the website operated thereby provides link to the website goforboom.com and thus allows to the Buyer direct access to the Trisbee sales system,
c) that, in the event that the Promoter uses means of an Event promotion other than just the Internet, it is always stated in such other means of promotion that the tickets for the Event can be purchased via Trisbee (goforboom.com),
d) that the Trisbee logo (or name) is displayed on all social networks and other websites operated by the Promoter for the purpose of an Event promotion, together with a direct link to the goforboom.com website, thus allowing to the Buyer direct access to the Trisbee sales system,
e) at least 4 free tickets to an Event for Trisbee for promotional purposes,
f) that the conditions of sale of tickets for an Event distributed by other ticket sellers, who have an agreement concluded with the Promoter for this purpose, are comparable to the conditions of sale of tickets through Trisbee and that their ticket prices are not lower than the ticket prices for the Event sold through Trisbee.
For non-compliance with the above obligations, the Promoter undertakes to pay to Trisbee a contractual penalty in the amount of CZK 100,000 for each individual breach of obligation, thus within the period specified in the Trisbee's written call sent to the Promoter's contact address specified thereby. Payment of the contractual penalty pursuant to this provision shall not affect Trisbee's right to compensation for any damage incurred thereto in excess of the amount of the contractual penalty.
3.5. Unless otherwise agreed between the Parties, Trisbee is entitled to place a marketing communication/advertisement on the tickets for the Promoter's Event, thus at Trisbee's own discretion and according to its needs.
3.6. Unless otherwise agreed between the Parties, the sale of tickets shall be normally terminated by sellout of all tickets for the Event intended for sale via Trisbee or by the time the Event begins. Trisbee undertakes to provide the Promoter without undue delay upon termination of the online tickets sale with information on the tickets for the Event sold, i.e. a list of tickets sold, including identification of the Buyers (to the extent necessary for the Promoter to enable the Buyers' entrance in case of e.g. a technical problem with the unique ticket identifier). If Trisbee and the Promoter agree so, Trisbee shall also provide the Promoter with a mobile application ensuring check-in of the Buyers at the event.
3.7. Unless otherwise agreed between the Parties, the Promoter shall pay to Trisbee a fee of 4% of the price of each ticket sold plus the relevant VAT rate (hereinafter referred to as the "Remuneration") for having arranged the tickets sale and for having promoted the Event on its goforboom.com website. The Trisbee's Remuneration shall be payable upon repayment in full of the ticket price by the Buyer. The Promoter hereby expressly agrees that Trisbee deducts and retains the Remuneration from the amount paid for the ticket by the Buyer and credited to the Trisbee's bank account. The statement of the Remuneration in the form of a proper tax invoice shall be submitted by Trisbee to the Promoter without undue delay after final settlement of financial claims between the Parties (after the Event takes place, including if changed or cancelled).
3.8. Trisbee shall provide the Promoter with regular updates on the status of tickets for the Promoter's Event(s) sold, thus on the agreed dates and in the agreed form (e.g. in the form of a shared spreadsheet or an updated table sent by e-mail).
3.9. By concluding this contract, Trisbee and the Promoter have agreed that the amount corresponding to the Buyer's payments for tickets received by Trisbee, after deducting the Remuneration, shall be sent to the Promoter within 10 working days upon conclusion of the Event to the bank account notified thereby to Trisbee for this purpose, including, where appropriate, the variable symbol by which the transaction is to be identified. If the Promoter who is a VAT payer indicates a bank account that is not registered for VAT register purposes, Trisbee shall be entitled to refuse repayment of the funds according to the previous sentence until the Promoter confirms to Trisbee a bank account number registered for VAT register purposes and Trisbee shall repay the funds designated for the Promoter to this account. In the event of force majeure, Trisbee shall be entitled to extend the period referred to in the first sentence of this provision to up to 30 working days. It is possible to derogate from this provision by agreement of both Parties.
3.10. If the Parties agree so, Trisbee shall pay to the Promoter from the funds under Article 3.9. of these Terms and Conditions, a deposit on the monetary benefit (hereinafter referred to as the "Deposit") in the amount agreed by the Parties. Repayment of the Deposit to the Promoter may be subject to the provision of security requested by Trisbee. If the Event, which the Deposit was paid for to the Promoter, does not take place or is changed, the Promoter shall be obliged to return the entire Deposit to the bank account it was transferred from without delay and no later than 3 days from the date of the Event change or cancellation. If the Promoter does not do so in time and properly, it shall pay Trisbee a contractual penalty of 0,1% of the amount of the Deposit due per each day of the delay.
3.11. In case an Event is cancelled (for any reason) or changed (e.g. change in the date of the Event), the Parties undertake to first settle any claims by the Buyers and, depending on the settlement, no later than 2 months after the initially scheduled date of the Event, the Parties shall settle payments from the tickets sale and Trisbee Remuneration. Both Parties agree that this provision is in particular justified by the Promoter's right to change conditions of an Event at any time or to cancel an Event, which is subsequently associated with the Buyers' claims for refund of the ticket price or any other Buyers' claims, including those exercised through Trisbee.
3.12. If a Buyer's justified claim for refund of the repaid ticket price for a specific Promoter's Event according to the previous provision hereof (Article 3.11.) is exercised by the Buyer with Trisbee, Trisbee shall be entitled, though not obliged, to settle the Buyer's claim itself, and shall notify the Promoter of the Buyer's claim processing without undue delay. To settle such a claim, Trisbee is entitled to use all the Buyer's payments received for the specific Promoter's Event after deducting the Remuneration or, if the payments would not be enough to settle the claim, Trisbee is entitled to use funds from payments received in connection with another Event of the same Promoter. For the purposes of this provision, a claim settlement shall mean returning of the entrance fee to the Buyer or issuing of a voucher for purchase of ticket(s) for another event which Trisbee mediates the sale of tickets for (regardless of who organizes the event) in the appropriate amount. In such a case, Trisbee shall not obliged to send to the Promoter the Buyers' payments as set under Article 3.9. hereof in the amount of the refunded tickets to the Buyers (or up to the amount of issued vouchers for the purchase of tickets).
3.13. In the event that the Buyer complains about a payment transaction - purchase of a ticket for the Promoter's Event made through Trisbee - with the Buyer's bank, which finds the complaint justified (e.g. due to theft of the payment card or misuse thereof) and cancels the payment transaction, as a result of which the bank deducts the amount corresponding to the ticket price for the Promoter's Event from Trisbee's bank account, Trisbee shall be entitled to demand from the Promoter compensation for the amount thus deducted, including any costs associated with cancellation of the payment transaction. For these purposes, Trisbee may use the funds paid by Buyers for tickets to the Promoter's Event(s), if they have not already been sent to the Promoter. Otherwise, or if these funds are not sufficient, the Promoter is obliged to transfer the amount in question to the Trisbee's bank account without undue delay upon the Trisbee's call for payment.
3.14. If an Event organized by the Promoter does not take place or is changed, this does not affect Trisbee's right to the agreed Remuneration for arranging of the ticket sales in the amount determined by the actual number of tickets sold through Trisbee, except when events beyond control occurred. In case that the cancellation of an Event or change of the date thereof occurs as a result of events beyond the Promoter's control (so-called force majeure) and, as a result of such events, the Buyer becomes entitled to a refund, the Promoter shall not be obliged to pay to Trisbee the Remuneration related to the refunded tickets for arranging of their sale, but instead is obliged to pay to Trisbee an administrative fee of 2% + the appropriate VAT on the price of each ticket that the Buyer claimed a refund of the entrance fee for and that was refunded to the Buyer by Trisbee or the Promoter (including in the form of a voucher for purchase of ticket(s) to another event). The administrative fee represents necessary costs incurred in respect with arranging of the tickets sale for the canceled or changed Promoter's Event that the Buyer received refund of the entrance fee or a voucher for.
3.15. The contract between the Parties is concluded for an indefinite period. Each of the Parties is entitled to terminate the contract at any time and without giving reasons, provided that as of the day of delivery of the notice to the other Party runs a notice period of 3 days. The notice period corresponds to the time needed to ensure termination of the ticket sales mediation on the part of Trisbee.
3.16. The termination of the contractual relationship between Trisbee and the Promoter does not terminate the obligations of the Parties arisen until the termination of the contractual relationship. In particular, Trisbee's right to the Remuneration and/or the right to repayment of the administrative fee pursuant to Article 3.14 herein for tickets to the Event, the sale of which was mediated by Trisbee until the date of the contract termination, does not expire.
3.17. Unless the Parties agree otherwise as of the contract termination, tickets sold so far through Trisbee shall remain valid even after the contract termination. In case the Parties agree that the tickets sold through Trisbee before the date of termination of the contract become invalidated, the Parties shall notify all Buyers concerned by email (and by SMS, where possible) to the email addresses specified by the Buyers when purchasing the tickets and, at the same time, shall inform the Buyers on how and on which date their right to a refund of the paid ticket price is to be settled. In this case, the parties are obliged to agree at the termination of the contract on the specific manner in which the Buyer's right to a refund of the ticket price will be settled. If the Parties fail to do so, the Promoter shall be fully responsible to the Buyers for settlement of all claims.
3.18. For the avoidance of doubt, the Parties confirm that no obligation herein is a fixed obligation in the sense of the provisions of Section 1980 of Act No. 89/2012 Coll., Civil Code.
3.19. By agreeing to these Terms and Conditions, the Promoter confirms to be fully responsible to the Buyers for any damage they may have incurred in connection with an Event, as well as in connection with a possible change of an Event, cancellation thereof or invalidation of tickets purchased by Buyers.
3.20. All information communicated between Trisbee and the Promoter within the framework of their contractual relationship concerning the mediation of ticket sales, as well as the individual provisions of these Terms and Conditions shall be considered confidential by both Parties and therefore subject to trade secrecy. In the event that the Promoter breaches this confidentiality obligation, Trisbee shall be entitled to a contractual penalty of CZK 100,000 for each single breach of the obligation.
SECTION 4 - FURTHER RIGHTS AND OBLIGATIONS
4.1. Personal Data Processing
4.1.1. Trisbee and the Promoter shall jointly process personal data of the Buyers for the purpose of selling tickets and in order to ensure proper implementation of the Event. Pursuant to 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 (hereinafter referred to as the "GDPR"), Trisbee and the Promoter act as joint administrators and fulfill their obligation under Article 26 of the GDPR. Trisbee is identified in Article 1.1. paragraph 1 of these Terms and Conditions and the Promoter is identified in the description of the Event for which Trisbee mediates the sale of tickets.
4.1.2. The Parties shall process personal data for the following specific purposes:
a. fulfillment of obligations from the concluded Contract on Ticket Purchase - the ticket payment receipt, the ticket delivery and/or the unique ticket identifier, information on changes to the Event (if applicable), checking of the ticket at the entrance to the Event, settlement of a complaint (if applicable);
b. legitimate interests of Trisbee and the Promoter - settlement of a Buyer's complaint, prevention and detection of possible fraud, defense against potential exercise of a Buyer's claim related to the sale of tickets;
c. sending commercial communications and newsletters from Trisbee or the Promoter if the Buyer gives explicit consent thereto when purchasing ticket(s) - the Buyer may revoke this consent at any time in accordance with the procedure set out in each sent commercial communication.
4.1.3. The personal data processed are the Buyers' personal data obtained by Trisbee when the Buyers purchase tickets, specifically their name, surname, e-mail and telephone number, and any other data required by the Promoter, which are necessary for the Event to be held or which must be verified with the Buyer to enable participation thereof at the Event (e.g. age).
4.1.4. Trisbee is entitled to provide the Buyers' personal data to the Promoter, for the purposes of fulfilling the ticket sale contract and for the purposes of processing due to the Promoter's legitimate interest or, with the Buyer's consent, for the purpose of sending news. Trisbee is also entitled to provide the Buyers' personal data to entities legally entitled to request such data.
4.1.5. Trisbee consistently ensures technical and organizational security of all the Buyer's personal data obtained in internal systems, doing so through electronic security tools, granting of access rights, anti-virus protection, security backups and granting of access to data to authorized persons only.
4.1.6. The Promoter and Trisbee undertake to comply with all standards of technical and organizational securing of the processed personal data protection, thus for the entire period that they are entitled to process such Buyers' personal data. Specifically, the Promoter and Trisbee undertake to adhere to the following rules:
a. to ensure electronic security and anti-virus protection of all devices through which the Buyers' personal data are processed;
b. the Buyer's personal data shall not be stored by the authorized persons of Trisbee or the Promoter on such person's devices or exported from internal systems thereof, unless this is strictly indispensable for implementation of the Event;
c. the personal data processed must never be stored on information media that could be accessed by third parties;
d. the personal data processed may not be provided or otherwise made available to third parties;
e. all persons who come into contact with the processed personal data must always be properly instructed and bound by confidentiality (which shall continue to apply after termination of the activity performed for Trisbee or the Promoter);
f. access to devices and storage spaces where personal data are processed must be password protected;
g. only Trisbee's or the Promoter's employees, whose job classification requires so and who are trained for the processing of personal data, shall have access rights to the devices and storage space with the Buyers' personal data. These employees will only have access to the personal data in the extent corresponding to the access rights thereof;
h. Trisbee as well as the Promoter shall follow their own internal rules governing organizational and technical measures and procedures, and related obligations of Trisbee's and the Promoter's employees, the purpose of which is to ensure security of the processed personal data.
4.1.7. The Promoter acknowledges that the processing of the Buyers' personal data is governed by the provisions of this Section 4.1. of Terms and Conditions and confirms to have acquainted therewith. The Promoter undertakes to comply with all obligations concerning the protection of the Buyers' personal data arising from these Terms and Conditions and undertakes not to act in breach of the protection of personal data relating to the Buyers.
4.1.8. The Promoter is not entitled to process the Buyer's personal data for purposes other than the sale of tickets, proper holding of the Event, possible settlement of a Buyer's complaint or exercise of the Promoter's legitimate interests. In the case of a Buyer's express consent, the Promoter is entitled to process the Buyer's personal data for the purpose of sending commercial communications and newsletters. For the purposes of sending commercial offers, Trisbee and the Promoter shall not act as joint administrators within the meaning of Article 26 of the GDPR and the processing of the Buyers' personal data shall take place at the Promoter's own responsibility.
4.1.9. Both Trisbee and the Promoter fully respect the Buyers' rights arising from the GDPR:
Right of access to data
- to the extent guaranteed by legislation on personal data protection, the Buyers may request access to their personal data - information on whether Trisbee or the Promoter works therewith, what specific data they process and how,
Right of rectification
- the Buyers may request rectification of incorrect data or completion of incomplete data or provision of additional consent,
Right to restriction of processing
- under established statutory conditions, the data shall not be deleted, but Trisbee/Promoter shall not further process them (for example, under circumstances of determining legitimate interest in processing prevailing over the request to delete personal data),
Right of erasure
- whenever relevant statutory conditions are met (for example, when the consent to the personal data processing has been revoked, when the personal data processing is no longer necessary, when the legitimate interest in the processing has passed, etc.),
Right to object against processing
- the right to object to the existence of a reason for the specific processing of personal data (the objection needs to be specified),
Right to data portability
- the right to request Trisbee or the Promoter as the personal data controllers to transfer the personal data, if technically feasible, to another personal data controller.
4.1.10. Both Trisbee and the Promoter are obliged to take such measures as to prevent unauthorized or accidental access to the Buyer's personal data, their change, destruction or loss, unauthorized transfers, their other unauthorized processing, as well as other misuse of personal data. This obligation applies even after the processing of the personal data has been completed. The Parties undertake to notify each other without delay about all and any cases of accidental or unauthorized access to the Buyer's personal data.
4.1.11. Trisbee and the Promoter are jointly and severally liable to the data subjects concerned for all and any breaches of the personal data processing obligations. The liability for administrative offences in the processing of personal data of Trisbee and the Promoter towards the Office for Personal Data Protection is governed by the relevant provisions of the GDPR. The Promoter is fully liable to Trisbee for any damage suffered thereby due to a breach of the Promoter's obligations related to the processing of the Buyer's personal data set by the GDPR.
4.1.12. The Buyers' personal data shall be kept by Trisbee and the Promoter only until the Event is held, or until a Buyer's claims arising from participation in the Event are settled, or for a longer period of time if required so by law or necessary due to Trisbee's or the Promoter's legitimate interest, e.g. for the purpose of settling or exercising the claims thereof. If the lawful reason for the processing ceases to exist, both Trisbee and the Promoter shall delete the relevant personal data. If a Buyer gives consent to the processing of personal data for a purpose other than the performance of the contract (e.g. for sending commercial communications or newsletters), Trisbee shall process such personal data until the consent gets revoked, however not for more than 3 years.
4.1.13. Upon termination of the cooperation with Trisbee, the Promoter shall stop processing the Buyers' personal data taken over from Trisbee in connection with mediation of the tickets sale and proper implementation of the Event and that the Promoter no longer needs for this purpose.
4.1.14. To exercise any of the rights provided by applicable law, the Buyer may contact Trisbee by phone at +420 774 140 044, or in writing by email at [email@example.com], or in person at Trisbee premises: Kamenická 33, 170 00 Prague 7. If you believe that the processing Your personal data is violating the law, you have the right to file a complaint with the national supervisory authority (in the Czech Republic - Office for Personal Data Protection, Pplk. Sochora 27, 170 00 Prague 7, www.uoou.cz).
4.1.15. The Parties' legal relations concerning personal data processing, which are not regulated in this section of the Terms and Conditions, are governed by the relevant provisions of the GDPR and other relevant legislation of the Czech Republic.
In case of any disputes arisen between the Promoter and a Buyer (as a consumer) in connection with the purchase of ticket(s) for an Event organized by the Promoter, or in connection with the Event itself, which cannot be resolved by mutual agreement of the Parties, the consumer may address an entity authorized for out-of-court settlement of consumer disputes, which in this case is the Czech Trade Inspection, Central Inspectorate - ADR Department, Štěpánská 567/15, 120 00 Prague 2. The Buyer may also take advantage of the European Online Dispute Resolution Platform at http://ec.europa.eu/consumers/odr/ set up by the European Commission.
4.3. Final Provisions
4.3.1. Trisbee has the right to amend these Terms and Conditions at any time, doing so even unilaterally. In such a case Trisbee shall notify both the Buyers and Promoters of the amendment and the effectiveness thereof on the Trisbee ticket sales website or by email. Any amendment shall take effect two months after the date of notification thereof, unless Trisbee specifies a later effect in the notification. No amendment applies to tickets to an Event already purchased.
4.3.2. All legal relationships established based on or in connection with these Terms and Conditions are governed by the laws of the Czech Republic, regardless of where the purchase of tickets by the Buyer was made or where the Promoter has its registered office.
4.3.3. If any of the provisions of the Terms and Conditions is or becomes invalid or ineffective, such invalid/ineffective provision shall be replaced by a provision the meaning of which is as close as possible to the economic purpose of the invalid or ineffective provision. Invalidity or ineffectiveness of any provision shall in no way affect the validity and effectiveness of the other provisions. Invalidity or ineffectiveness of a provision in a sole relation to a particular entity or group of entities shall in no way affect the validity and effectiveness of this provision in relation to other entities.
4.3.4. All and any notifications between the Parties shall be made via e-mails, by telephone (according to the contact details provided to the other party) or, if necessary, by notification in the Trisbee app.
4.3.5. The Parties hereby exclude application of the following provisions of Act No. 89/2012 Coll., Civil Code: § 557, § 1799 and § 1800 (in the case of a contractual relationship between Trisbee and an entrepreneur), § 1805 para. 2 and § 1936 para. 1.
These Terms and Conditions enter into force and take effect on 1 August 2020.
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(2) What cookies do we use?
We mainly use technical cookies (first party and session cookies) that are necessary to ensure basic functionalities of the websites, applications, or other services, such as saving of the selected language version.
We also use Google tools, such as Google Analytics, Google Adwords, Google Tag Manager (first party and persistent cookies) in order to gather data and generate statistics on users' behavior so that we can better tailor our services. The data are assessed in the bulk and therefore anonymous form preventing personal identification.
You can also use the websites in a mode disallowing collection of data about your behavior - just set up your browser, or raise an objection to the data collection based on the legitimate interest, doing so by email sent to firstname.lastname@example.org.
We will process your objection without undue delay, not later than in a month. In exceptional cases, especially due to the complexity of your request, we are entitled to extend this period by another two months. We would nevertheless inform you about such an extension, including the justification thereof.
However, in case you object to the processing of technical cookies needed for the website functionality, we cannot guarantee full functionality and compatibility of our website.
(3) Why do we process cookies?
- To ensure full functionality and usability of our website - cookies required to ensure the full functionality and usability of our website (so-called technical cookies).
- To facilitate browsing of our website – cookies that are not absolutely necessary for the full functioning of the website, nevertheless improving the users' experience.
- In our legitimate interest - using cookies, we measure traffic and keep statistics about your behavior on the website. We can monitor and improve the functionality and security of our website, application and other services.
In order to prevent unauthorized access to our cookies and similar technologies, we have security measures in place wherever necessary. The unique identifier ensures that the access to the cookies data is available only to us and/or to the authorized service provider.
All personal data that we collect and store using these technologies for purposes in the categories 2 to 4 above depend on your consent, asked for in the form of an explicit message displayed on our website on your first visit. The consent may be revoked in your browser settings anytime.
You can delete all cookies previously stored in your device. Most browsers also offer the option of blocking the placement of cookies into your device – however, keep in mind that such blocking or deactivating of cookies results in the loss of the monitoring tool feature, which may adversely affect your overall viewing experience. Detailed information on the settings for storing of cookies in your browser or device can be found on the website of the specific browser provider. Information on how to set up your browser and restrict or enable processing of cookies can be for instance found here.
(5) How long will we process the data?
(6) Who is authorized to access cookies data?
The collected cookies are processed by the following data processors:
- Google Analytics, operated by Google Inc., with registered office at 1600 Amphitheatre Parkway, Mountain View, CA 94043, USA
- Google Adwords, operated by Google Inc., with registered office at 1600 Amphitheatre Parkway, Mountain View, CA 94043, USA
- Google Tag Manager, operated by Google Inc., with registered office at 1600 Amphitheatre Parkway, Mountain View, CA 94043, USA
- Sklik, operated by Seznam.cz, a.s., Commercial Id. No.: 26168685, with registered office at Prague 5 – Smíchov, Radlická 3294/10, PSČ 150 00
- Facebook, with registered office at 1 Hacker Way, Menlo Park, CA 94025, United States
The above data processors process cookies in accordance with their terms and conditions providing for handling of personal data.