PRIMAVERA SOUND ACCESSTICKET PRIVACY POLICY

1. Who is the data controller?

The data controller is the Spanish company PRIMAVERA SOUND S.L., with corporate address at C/ Roc Boronat, 142, 3º planta, 08018, Barcelona (Spain) (“Primavera Sound”).

2. Who is the data protection officer?

The data protection officer acts as a liaison between Primavera Sound and you, to ensure Primavera Sound’s compliance with the data protection legislation and guarantee your rights under such legislation. You can contact the data protection officer of Primavera Sound at privacy@primaverasound.com.

3. For which purposes does Primavera Sound process your personal data?

When using Access Ticket (an App developed by Primavera Sound) (the “App”), Primavera Sound processes your personal data for the following purposes:

a. When you have purchased a ticket to attend the Primavera Sound festival in Spain, to verify your identity, verify that you are 16 years-old or older and validate the ticket purchased by you, in order to grant you access to the festival.

b. To manage any purchases made through the App (e.g., merchandising or other events organized by Primavera Sound) and during your attendance to the Primavera Sound festival in Spain (e.g., food or beverages). We will receive and manage your payment, process your order, and provide you with customer support, if necessary.

c. Subscribe to any of the memberships Primavera Sound may offer through the App and, when you give your consent, to obtain accreditations (i.e. “Plastic Club”) to access other events organized by Primavera Sound and benefit from its advantages.

d. Send you commercial communications, when you have given your consent, which will contain information about the Primavera Sound festival held in Spain or any other upcoming events, products or services related to the festival (such as transportation or accommodation services) to provide you with a better experience as well as other Primavera Sound festivals that take place in other cities.

4. Which are the lawful bases to process your personal data?

The legal bases of Primavera Sound for the processing of your personal data are:

* Under Section 3 (a) and (b), the fulfillment of our contract with you (and, in particular, our Terms and Conditions) when you validate your ticket to access the Primavera Sound festival in Spain and/or purchase products through our App.

* Section 3 (c), the fulfillment of our contract with you, when you complete and submit your application for any of the memberships Primavera Sound may offer and the consent you give us to obtain accreditations to attend events organized by Primavera Sound.

* As per Section 3 (d) the express consent given by you through the corresponding check-box available at the App.

5. How long Primavera Sound will retain your personal data?

Primavera Sound will process your personal data as long as:

1. You do not object to the reception of Primavera Sound commercial communications. If you have objected to the reception of commercial communications, Primavera Sound will keep the required personal data in order to attend your request to no longer receive said informative alerts;

2. The purposes for which the personal data is processed are being achieved. Please note that a third-party data processor (Sum and Substance Ltd.) will draw certain personal data from the identification document you upload into the App (that is; your name and last name, date of birth and image). The rest of the personal information that may be included in the identification document uploaded and the scan of the identification document itself will be automatically erased and not be accessed or processed by Primavera Sound. Additionally, once the edition of the Primavera Sound festival in Spain for which you have purchased your ticket has ended, Primavera Sound will erase the personal data you provide under Section 3 (a) (that is; your email address, name and last name, date of birth and image). For more information about how we obtain your personal data please go to Section 7.

In any case, Primavera Sound may retain your personal data duly blocked until the end of the statues of limitation of any liabilities that may arise and during the term required to comply with any applicable legal obligation.

6. With whom does Primavera Sound share your personal data?

Your personal data may be shared with:

1. Providers of products and services hired by Primavera Sound as data processors, to achieve the purposes indicated under Section 3, such as IT verification (including Sum and Substance Ltd.), cloud or processing payment services.

2. As the case may be, competent authorities as well as other third parties interested in investigating an illegal act related to the ticket purchase or committed during the course of the Primavera Sound festival held in Spain and, if applicable, establishing, exercising or defending the actions or claims always fulfilling the applicable legal requirements.

In the event your personal data is accessed from countries that do not offer an adequate level of protection, Primavera Sound will adopt, if required, appropriate safeguards on such international data transfers in accordance with the applicable data protection legislation.

Primavera Sound does not share your personal data with any other third parties, unless required by applicable law.

7. Which categories of personal data do we process, how do we obtain them and what do we do with them?

Primavera Sound solely processes personal data that is relevant for the purposes identified under Section 3 and subsection (a) in particular. Primavera Sound collects your email address (provided by you when using the App) your name and last name, date of birth and image. Said data is directly obtained from the identification document you upload to the App (DNI/NIE, ID document, passport or driver’s license), when you have chosen this method for the verification of your identity before accessing the Primavera Sound festival in Spain and you have granted your express consent to do so.

In the event you do not use the App to verify your identity and you opt to do so manually, note that your image will also be taken at the entrance of the Primavera Sound festival. However, the rest of your personal data (name and last name and date of birth) will be checked manually. Primavera Sound needs to use of your image and the rest of the data to validate your identity since it is essential (i) to guarantee your security and the others throughout the duration of the event and (ii) avoid any fraud situations related to the purchase of the tickets to attend the Primavera Sound festival in Spain. For more information about access to the Primavera Sound festival in Spain click [here](https://www.accessticket.app).

8. Which are your rights when you provide us with your personal data?

You may exercise the following data protection rights:

* Access: you may access your data included in Primavera Sound files.

* Rectification/Modification: you may modify your personal data if these are inaccurate.

* Erasure: you may request that your personal data are erased.

* Objection: you may request that your personal data are not processed.

* Portability: you may receive, in an electronic file, the personal data that you provided Primavera Sound with, as well as send it to different entities.

* Restriction of processing: you may request a restriction on how your data is processed when: (i) the accuracy of your personal data is being verified after you have contested its accuracy, (ii) the processing of your data is illegal and you oppose to the erasure of your data; (iii) Primavera Sound does no longer need the personal data for the purposes of the processing, but they are required by you for the establishment, exercise or defense of legal claims, (iv) you have objected to the processing for the performance of a task carried out in the public interest or necessary for the purposes of a legitimate interest, whilst it is being verified whether the legitimate grounds of Primavera Sound override yours.

Additionally, as indicated, you may withdraw your consent at any time without affecting the data processing carried out before such withdrawal. In order to exercise your rights and withdraw your consent, you can send your request to privacy@primaverasound.com, together with a copy of your ID or passport or any other valid document evidencing your identity. In any case, you also have the right to lodge a complaint before the Spanish Data Protection Authority (www.aepd.es) or the data protection authority in your country of residence.

TERMS AND CONDITIONS OF THE APPLICATION “ACCESS TICKET”

PRIMAVERA SOUND, S.L. (hereinafter, “Primavera Sound”) is a Spanish company, with registered office at calle Roc Boronat, 142, 3º, 08018 – Barcelona (Spain) with Tax Identification (C.I.F) number B-61978987, duly registered in the Commercial Registry of Barcelona, General Volume 31.815, Sheet 45, Page number B-197.256, whose contact email is: support@accessticket.app.

PRIMAVERA SOUND is the holder of all Intellectual and Industrial Property Rights (as said term is defined below) or any other rights over the application “Access Ticket” (hereinafter, the “Application” or the “App”).

The use of the App is subject to the following terms and conditions set out in this document (the “Terms and Conditions”).

1. Acceptance of the Application

1. By accepting this Terms and Conditions, the Users (as said term is defined below) expressly agree to be bound by the provision contained herein. In addition, the use of the Application is subject to the privacy policy described in https://www.primaverasound.com/privacy-policy-accessticket-2022.

2. The download and use of the Application imply the acceptance and fulfillment of the present Terms and Conditions.

2. Purpose and Scope

1. The aim of the Application is to provide the user (hereinafter, the “User”) a better experience surrounding the Primavera Sound festival. In particular, the Application will allow the User to:

1. verify its identity, prior to accessing the Primavera Sound Festival (the “Festival”) or any other event taking place within the framework of the Festival, so the User may skip a manual verification and therefore, queues and potential delays when accessing the Event.

2. To access and subscribe to any memberships Primavera Sound may offer and obtain accreditations (i.e. “Plastic Club”) to access other events organized by Primavera Sound and benefit from its advantages.

3. Purchase products and services through the Application including, but not limited to, merchandising and tickets for other events organized by Primavera Sound; and

4. Purchase food or beverages during its attendance to the Festival or any other event organized by Primavera Sound.

3. Use of the Application

1. The Users agree that they will not use the Application for any purpose that is unlawful, prohibited, or contrary to these Terms and Conditions, harmful to the rights and interests of others, or in the way that may damage Primavera Sound’s reputation. Additionally, the Users agree that they will not use the Application in any way that may disable, overturn, impair or prevent its normal use, integrity, and stability. The Users agree not to remove, circumvent, and/or disable any security-related feature of the Application.

2. To the maximum extent permitted by applicable law, the Users will hold Primavera Sound harmless against any third-party claims, complaints, actions, and objections arising from or in connection with their breach of these Terms and Conditions or their misuse of the Application. Consequently, the Users will be liable for the costs of any damages awarded against Primavera Sound resulting from litigation, preliminary proceedings, or any other claims, resulting from such breach or misuse, including all expenses, or any other claims, resulting from such breach or misuse, including expenses and costs incurred in defending Primavera Sound’s interests and any resulting attorney fees.

3. By using the Application, the Users warrant and represent that they will not be using the Application for purposes other than their personal use.

4. Intellectual and Industrial Property Rights

1. All Intellectual and Industrial Property rights of the App and the Festival are owned of Primavera Sound and/or its licensors. The term “Intellectual and Industrial Property Rights” means any copyright (including rights over software), database rights, design rights, patents, trademarks, designs, trade names, know-how, trade secrets, and other proprietary knowledge and information, domain names, rights protecting goodwill and reputation, and all intellectual property rights and forms of protection of a similar nature to any of the foregoing or having equivalent effect anywhere in the world and all rights under licenses and consents in respect of any of the rights and forms of protection mentioned in this definition.

2. It is therefore prohibited the use, reproduction, transmission, processing, distribution, or exploitation of the Intellectual and Industrial Property Rights by the User, in any way, except as part of the service that includes the Application and private purposes only.

3. Except as expressly authorized by Primavera Sound, when downloading the Application, the Users shall not:

1. Sell, license, distribute, copy, modify, publicly perform or display, transmit, publish, edit, adapt, create derivative works from, or otherwise make unauthorized us of the Application or any of its elements. Primavera Sound and/or its licensors reserves all the rights not expressly granted in these Terms and Conditions; and

2. Reverse-engineer, decompile, disassemble, or otherwise attempt to discover the source code of the Application or any part thereof, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation.

4. Primavera Sound is entitled to block access to certain Application’s services to any User. In case the User violated these Terms and Conditions, third party rights or applicable law and, in particular, the commitments under this clause, Primavera Sound shall retain all other additional rights which may correspond against the User and, in particular, concerning the initiation of criminal or civil proceedings.

5. The Users acknowledge and agree that the use of the Application does not suppose any license or transfer of any Intellectual and Industrial Property Right over the Application, nor constitutes any authorization for the creation of developments arising from the Application.

6. Notwithstanding the foregoing, Primavera Sound grants to the User a non-exclusive, non-sub-licensable, non-transferable license for the use of the Application, functionalities, content, and other features available in such Application, which will be subject to the rest of the terms set forth in the present Terms and Conditions, as well as to the applicable legislation.

5. Links

1. The Application may include links to third party applications or websites that are not owned or controlled by Primavera Sound. Primavera Sound assumes no responsibility for the content and practices of any third-party sites. Access and use of those linked sites and their content is at the Users own risk. These Terms and Conditions do not govern the Users use of any site or service other than the Application. The Users should review applicable terms and policies of any linked site.

2. Furthermore, Primavera Sound cannot control the information, content, products, or services provided by third parties that have established links to the Application. Consequently, Primavera Sound does not accept any liability that may arise from the use by the Users of any third-party functionalities, technologies, services or platforms. In this regard, Users undertake to keep Primavera Sound harmless from any liability or payment of any damages as a consequence of any infringement or incident related to its use of such third-party functionalities, technologies, services or platforms, despite being available through the Application.

6. Modification to the Terms and Conditions and scope of the services of the Application

1. Primavera Sound is entitled to amend or update this Terms and Conditions at any time. The User will be explicitly informed, within a reasonable period of time, about any change regarding the Terms and Conditions of the Application. In this sense, it is advised to use the latest updated version of the Application where you will find the latest current version of these terms and conditions of use.

2. For the use of the Application, the Users must explicitly accept the terms and conditions in force in each moment and which will be presented in the Application’s screen each time.

3. Furthermore, Primavera Sound reserves the right to modify, expand or reduce the scope of services comprising the Application, or change its functions at any time. This is due, in particular, to the fast evolution of new technologies, which directs Primavera Sound to perform regular adjustments in technical contents of the Application.

4. The download of the Application, and access to the offered services are free, for personal and noncommercial use. However, the services offered through the Application could involve data consumption. Primavera Sound is not responsible for the costs of communication, transmission of data or Internet connection incurred by the User. Consult your telecommunications operator for more information.

7. Application’s availability

1. Primavera Sound will make every effort to ensure the proper operation of the Application. However, Primavera Sound cannot ensure that there will be no interruptions of the service when performing the repair and/or maintenance works on the Application. Primavera Sound will take the appropriate measures to reduce said interruptions.

8. Responsibilities

2. The User makes use of the Application at its own risk. By accessing the Application, the User is obliged to use it pursuant the applicable laws and regulations and shall be liable towards Primavera Sound and/or third parties, for any damage resulting from any breach of said obligation. In this sense, Primavera Sound is not responsible for any damage or alternation to the User’s equipment resulting from the installation or use of the Application.

3. In any case, the User shall be fully responsible for the data and content transmitted or communicated to Primavera Sound. Primavera Sound does not control or monitor any of such content, unless otherwise stated by a competent court or an administrative decision. Primavera Sound reserves the right to remove or prevent the display of said content until proven the ownership of the material in question, or the legality of it.

4. Primavera Sound accepts its share of responsibility pursuant to the current legislation, in particular, as for liability for willful misconduct or gross negligence in connection with the operation of the Application and for guarantees expressly granted by it.

5. Primavera Sound is not responsible for any possible security errors that may occur or for any damage caused to the User device (hardware and software) and/or to files or documents stored therein as a result of the presence of virus in the User’s device used to log in services and contents of the Application, for any failure of the Internet connection, telephone breakdowns, interference, omissions, or disconnections in the operation of the Application caused by factors beyond Primavera Sound’s control.

6. The Application may integrate advertising contents or offers, in such case the advertiser or bidders will be responsible of the material included and the fulfillment of the applicable law. Primavera Sound will not be responsible of any error, inaccuracy, or irregularity of that content. In any case, and for any claim related with advertising contents of the Application, Users can send an email to support@accessticket.app.

7. Primavera Sound does not control, in general, the use of the Application by the Users. In particular, Primavera Sound does not warrant that the use of the Application by the Users is according to the law, the present Terms and Conditions, moral, public order, and general accepted good customs. The Users are the only ones responsible for the Use the carry out of the Application. As a result of the above, Primavera Sound shall not be responsible for the Users’ use of the Application content that may suppose a violation of national or international law, or intellectual property rights or any other third party right.

9. Data Protection

8. Primavera Sound shall protect Users personal data and shall use it insofar as this is permitted by law or if Users have given their consent. Users can find further information on this matter in the privacy policy of the Application described in https://www.primaverasound.com/privacy-policy-accessticket-2022

10. Governing law, jurisdiction and alternative dispute resolution (ADR)

9. These Terms and Conditions shall be governed by Spanish law. If the Users have the status of consumers, these Terms and Conditions will also be subject to any applicable local legislation.

10. All conflicts arising from or related to these Terms and Conditions shall be submitted to the non-exclusive jurisdiction of the Spanish courts of the city of Barcelona (Spain), or to the court of domicile that corresponds to the Users.

11. The Users, in case of acting as consumers, may also submit any dispute arising from or related to these Terms and Conditions to an alternative dispute resolution procedure (“ADR”). The list of ADR platforms available from the European Commission, can be found at the following link: https://ec.europa.eu/consumers...