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ChocoJazz by Vervool – U.S. Privacy Notice

Last Updated: October, 2019

Vervool (“we” or “us”) respects your privacy and is committed to protecting it through our compliance with this Privacy Notice. This Privacy Notice applies to our processing of your Personal Information in connection with your access and use of our websites, located at www.chocojazz.com and www.vervool.com, as well as our branded pages on social media services (collectively, the “Site”). This Privacy Notice is incorporated into and is subject to our Terms of Use (the “Terms”).

The Privacy Notice describes the information that we gather from you, how we use and disclose your information, and the steps we take to protect your information.

Table of Contents

  1. The information that we collect about you and how we collect it
    1. Information you provide
    2. Information we automatically collect
  2. How we use the information we collect
  3. When we disclose your information
  4. Your choices
  5. Our Commitment to Children’s Privacy
  6. Our Commitment to Data Security
  7. Visitors from Outside the United States
  8. Visitors from The European Union (the “EU”)
    1. Legal Grounds for Processing
    2. Data Retention
    3. Your Legal Rights
  9. Limitation of Liability
  10. Changes and Updates to this Privacy Notice
  11. Do Not Track Disclosures
  12. Our Contact Information

  1. The information that we collect about you and how we collect it:

We may collect, use, store transfer or otherwise process (“Process”) several types of information from and about users of the Site, which may include certain “Personal Information” (information that can be associated with a specific person and can be used to identify that person, directly or indirectly. Such Personal Information includes name, e-mail address, mailing address, telephone number, bank account information, IP address and other similar types of information), other information that is about you but individually does not identify you/

We collect this information directly from you when you provide it to us, automatically as you navigate through the Site or indirectly from third parties, such as our business partners or service providers.

a.  Information you provide:

You may provide us with Personal Information when you fill out forms or fields on the Site, this may include the following: when you register for an account; when you participate in online surveys; when you purchase products or services on the Site or when you contact us or request information about us, this Site or our products or services (whether by email or other means).

You may also provide us with information offline, including when you attend events and provide us with your contact details in order to be added to our mailing list.

Your financial information, such as payment method (credit card number and expiration date) is used and stored by third-party service providers, including, but not limited to Venmo, Eventbrite and PayPal, (“Payment Processors”), and the use and storage of that information is governed by our Payment Processors’ terms of service and privacy notices. If we are provided with this information by such Payment Processors, our use of this information will comply with this Privacy Notice and our Terms of Service available at https://chocojazz.com/terms/. We may from time to time request and receive some of your financial information from our Payment Processors for purposes of completing transactions or protecting against or identifying possible fraudulent transactions.

b. Information we automatically collect:

When you visit the Site, or use a third-party website that interacts with our Site, we may automatically receive and record certain information from your computer, web browser or mobile device, including your IP address or other device address or ID, web browser or device type, hardware and software settings and configurations, the web pages or sites that you visit before or after visiting the Site, the pages you view on the Site, your actions on the Site, and the dates and times that you visit, access, or use the Site.

When you use the Site, we may send one or more cookies (which are small text files containing a string of alphanumeric characters) to your computer or mobile device, to recognize your web browser, help analyze our web page flow, customize our content, measure promotional effectiveness, and promote trust and safety. You are always free to decline our cookies if your browser permits, although doing so may interfere with your ability to use the Site or certain features of the Site. We may also use Google Analytics or a similar service that uses cookies to help us analyze how users use the Site. That use may be subject to the Google Analytics Terms of Use and Google Privacy Policy. Additional information is available here: http://www.google.com/policies/privacy/partners/. You have the option to opt out of Google’s use of cookies by visiting http://www.google.com/policies/technologies/ads/ or the Google Analytics Opt-out Browser add-on at https://tools.google.com/dlpage/gaoptout/.

  1. How we use the information we collect:

a. Marketing: We use your Personal Information in order to provide you with promotional information where you request it from us or where you have previously been interested in similar products or services. For example we use the information you provide in registering for our newsletter for the purpose of providing you with information about our events via email (“ChocoJazz Marketing”). We may also provide your e-mail address or other Personal Information to our affiliated third parties for marketing purposes, subject to having the appropriate consents from you, where required by applicable law (“Third Party Marketing”, and together with ChocoJazz Marketing, “Marketing”). You can opt out of receiving Marketing communications, through links provided in the messages you receive, or by contacting us directly at info@chocojazz.com. Although your changes are reflected promptly in active user databases, we may retain all information you submit for a variety of purposes, including backups and archiving, prevention of fraud and abuse, and analytics.

b. Managing Events: We may use your Personal Information (including the information you provide to us when purchasing a ticket to one of our events) to help us in the process of selling tickets to our events, to organize such events and properly administer your booking (“Managing Events”).

c. Verifying Transactions: We may Process the Personal Information relating to your payments (e.g., credit card number, expiry date and security code) for the purpose of verifying that the data provided to complete the transactions are complete, valid, accurate and non-fraudulent (“Verifying Transactions”).

d. Site optimization: We may use non-identifying information (including aggregated data) about your use of the Site to understand and analyze the usages trends and preferences of our users, to improve the Site, and, where relevant, to improve fraud detection and information security (“Site Optimization”).

We may use information we collect to:

i. personalize our services, such as remembering your information so that you will not have to re-enter it during your visit or the next time you visit the Site and provide customized content and information (“Personalization”); and

ii. monitor and analyze the effectiveness of the Site and monitor aggregate Site usage metrics such as total number of visitors and pages viewed (“Monitoring”).

To the extent that we use cookies to gather such information, we will seek your consent in compliance with applicable legal requirements.

We may also use your Personal Information as described to you at the point of collection, including where we seek your specific consent to Process your Personal Information. Such information provided to you will be supplemented by the additional information set out in this Privacy Notice.

  1. When we disclose your information:

We may disclose aggregated information about our users, and information that does not identify any individual. However, where information includes Personal Information, we shall only disclose it in the following ways:

a. To our third-party service providers to provide website development, hosting, data storage, website maintenance, credit card processing, event administration, legal and accounting services to us.

b. To courts, regulators or law enforcement bodies, if required to do so by law or in the good-faith belief that such action is necessary to take precautions against liability; to comply with various reporting obligations; to protect ourselves from fraudulent, abusive, or unlawful uses or activity; to protect the security or integrity of the Site; to investigate and defend ourselves against any third-party claims or allegations; to assist government enforcement agencies; or to comply with state and federal laws, in response to a court order, judicial or other government subpoena or warrant.

c. To a buyer or other successor in the event of a divestiture, merger, consolidation, or asset sale, whether as a going concern or in the unlikely event of a bankruptcy or similar proceeding.

d. To select third parties for their business or marketing purposes, but only with your consent where required by applicable laws.

This Site may include links to third-party websites, plug-ins and applications. Clicking on those links or enabling those connections may allow third parties to collect or share data about you. We do not control these third-party websites and are not responsible for their privacy statements. When you leave our Site, we encourage you to read the privacy policy of every website you visit.

  1. Your Choices:

You may, of course, decline to share certain information with us, in which case we may not be able to provide to you some of the features and functionality of the Site and we may not be able to administer your queries or event bookings and reservations.

In the event that you have registered for an account, you may update, correct, or delete your profile information and preferences at any time by accessing your account preferences page through the Site.

If, at any time, you decide you no longer wish to receive Marketing (including our email offers or newsletters), you can opt out of receiving Marketing by using the unsubscribe process at the bottom of the email (or by contacting us at any time). This does not extend to emails which are not Marketing emails, for example, emails related to your purchase of goods or services, and other communications essential to your transactions with us (which are not Marketing). Should you opt out of Marketing, we will promptly honor your request by removing your email address from our marketing database, though we may retain information you submit (including in backups or archives) for a variety of other purposes, including analytics, prevention of fraud and abuse or to comply with our legal or regulatory obligations.

  1. Our Commitment to Children’s Privacy:

Protecting the privacy of children is especially important. Our website is not intended for use by persons under 18 years of age and we do not knowingly collect or maintain information from persons under 18 years of age, and no part of the Site is directed to persons under 18 years of age. If you are under 18 years of age, then please do not use or access the Site at any time or in any manner. If we learn that information has been collected through the Site from persons under 18 years of age then we will take the appropriate steps to delete this information. If you are a parent or guardian and discover that your child under 18 years of age has provided us with information, please alert us at info@chocojazz.com.

  1. Our Commitment to Data Security:

We have put in place appropriate security measures to prevent your Personal Information from being lost, misused, or accessed, altered or disclosed without authorization. This includes using reputable third-party service providers and information technology solutions. However, no security measures are perfect or impenetrable, so we cannot ensure or warrant the security of any information you provide to us, and you do so at your own risk. We also cannot guarantee that your information may not be accessed, disclosed, altered, or destroyed by breach of any of our physical, technical, or managerial safeguards. Even after removal, copies of information that you have posted may remain viewable in cached and archived pages or if other users have copied or stored such information.

  1. Visitors from Outside the United States:

This Site is controlled and operated by Vervool in the United States. If you choose to access the Site from outside the United States, you acknowledge that you will be transferring your information, including Personal Information, outside of those regions to the United States for storage and Processing. We comply with applicable legal frameworks relating to the collection, storage, use, and transfer of Personal Information, where applicable.

Depending on the jurisdiction in which you reside, you may have the right to access, correct, delete, or restrict use of certain Personal Information covered by this Privacy Notice. Depending on the jurisdiction, you may also have the right to request that we refrain from Processing your Personal Information. Please bear in mind that if you exercise such rights this may affect our ability to provide our products and services. For inquiries about your Personal Information, please contact us by e-mail at info@chocojazz.com, or through any of the contact information provided below. While we will make reasonable efforts to accommodate your request, we also reserve the right to impose certain restrictions and requirements on such requests, if allowed or required by applicable law. Please note that it may take some time to process your request, consistent with applicable law. Further information for EU users is provided below.

  1. Visitors from The European Union (the “EU”):

a. Legal Grounds for Processing:

i. Depending on how you choose to interact with us, we may Process your Personal Information for different purposes and on different legal bases. We only Process your Personal Information where we have a legal basis (“Legal Ground”) to do so.

1. Marketing Legal Ground: We Process your Personal Information for marketing purposes only where we have received your prior, express consent to do so. As discussed in Section 2, you are always able to opt-out of receiving any marketing and promotional communications. Please see Section 2 for further details.

2. Managing Events Legal Ground: Processing is necessary for the performance of our contract with you.

3. Verifying Transactions Legal Ground: Processing is necessary in order to fulfil our legitimate interest of ensuring that transactions are secured and to prevent fraud or misuse of payment services (we always consider your rights and freedoms and Process your Personal Information for our legitimate interest only where we do not think that your rights outweigh our legitimate interest).

4. [Site Optimization, Personalization and Monitoring Legal Ground: Our legitimate interest in making our website as easy to use as possible.]

ii. We may also need to Process your Personal Information from time to time, for the purpose of complying with legal obligations (such as regulatory, tax, accounting or reporting requirements). Additionally, we may need to Process your Personal Information, where it is necessary, for the purpose of handling potential claims or legal proceedings, on the ground of our legitimate interest of defending our business’s interests (we always consider your rights and freedoms and Process your Personal Information for our legitimate interest only where we do not think that your rights outweigh our legitimate interest).

b. Data Retention:

i. We will only retain your Personal Information for as long as reasonably necessary to fulfil the purpose(s) for which we collected it, or such longer period as is necessary (i) in the event of a complaint or if we reasonably believe there is a prospect of litigation in respect to our relationship with you or in some other way related to you, or (ii) for the purposes of satisfying any legal, regulatory, tax, accounting or reporting requirements.

ii. In order to determine the appropriate retention period for Personal Information, we consider the amount, nature and sensitivity of the Personal Information, the potential risk of harm from unauthorized use or disclosure of your personal Information, the purposes for which we Process your Personal Information and whether we can achieve those purposes through other means, and any applicable legal, regulatory, tax, accounting or other requirements.

iii. We may anonymise or aggregate your Personal Information in such a way that it can no longer be associated with you. Where such data is no longer your Personal Information, we may retain it for a longer period of time.

c. Your Legal Rights:

i. At any time, you have the right to:

1. Access – the right to request confirmation of whether we Process Personal Information relating to you and, if so, to request a copy of that Personal Information;

2. Correction – the right to request that we rectify or update your Personal Information that is inaccurate, incomplete or outdated;

3. Erasure – the right to request that we erase your Personal Information in certain circumstances, such as where we collected Personal Information on the basis of your consent and you withdraw your consent;

4. Restriction of Processing – the right to request that we restrict the use of your Personal Information in certain circumstances, such as while we consider another request that you have submitted, for example a request that we update your Personal Information;

5. Withdraw consent – in the limited circumstances where our Processing of your Personal Information is based on your consent, the right to withdraw your consent, although withdrawal of consent (i) does not invalidate the consent-based Processing that occurred prior to such withdrawal or Processing that is not based on consent, and (ii) means that we will no longer be able to perform such consent-based Processing activities, and may result in us being unable to provide certain services to you;

6. Portability – the right to request that we provide a machine readable copy of your Personal Information to you in a structured, commonly used and machine readable format in certain circumstances;

7. Object to Processing – the right to object to certain Processing, such as for direct marketing purposes or where we are relying on legitimate interests to which you object based on your particular; and

8. Lodge a complaint – You have the right to make a complaint at any time the relevant data protection supervisory authority in the member state where you are located. We would, however, appreciate the opportunity to address any concerns before you approach your relevant data protection supervisory authority, so please feel free to contact us in the first instance.

ii. If you wish to exercise any of the rights set out above, please contact us as detailed in the Contact Details section above. We try to respond to all legitimate requests within one month. Occasionally it could take us longer than a month if your request is particularly complex or you have made a number of requests. In this case, we will notify you and keep you updated.

iii. You may contact us at info@chocojazz.com for further information on how we take your rights and freedoms into account when we Process your Personal Information to pursue our legitimate interests.

  1. Limitation of Liability:

To the extent permitted under applicable law: by accessing this Site and/or providing us with Personal Information and other data, you expressly and unconditionally release and hold us harmless from any and all liability for any injuries, loss, or damage of any kind arising from or in connection with the use and/or misuse of such information. In addition, while we take efforts to ensure the proper and appropriate use of data by our service providers that may receive your information from us, we are not responsible for any injuries, loss, or damage of any kind arising from or in connection with the use and/or misuse of your information caused by those service providers.

  1. Changes and Updates to this Privacy Notice:

We reserve the right to make changes to this Privacy Notice at any time. We will notify you about significant changes in the way we treat your information, including by placing a prominent notice on the Site or by sending you an email so that you can choose whether to continue using the Site. Please revisit this page periodically to stay aware of any changes to this Privacy Notice.

  1. Do Not Track Disclosures

Third parties such as advertising networks, analytics providers, and “widget” or “plugin” providers may collect information about your online activities over time and across different websites when you access or use our services. Currently, various browsers offer a “Do Not Track” option, but there is no standard for how “Do Not Track” should work on commercial websites. Due to lack of such standards, the Site does not respond to Do Not Track consumer browser settings.

  1. Our Contact Information:

Please contact us with any questions or comments about this Privacy Notice by e-mail at info@chocojazz.com.

Attn: Privacy