Terms & Conditions
Last Updated: August 26th, 2024
Please read these Terms of Service (“Terms”) carefully because they contain important information about your legal rights, remedies, and obligations.
By accessing or using PhlexIt's Services, you are agreeing to the terms and conditions of these Terms (which incorporate and include our Privacy Policy, and all other terms, policies, and agreements referenced throughout these Terms), without modification, and entering into a binding contract with us that governs our Services and your use of the Services. Do not access or use the Services if you do not agree to the terms and conditions of these Terms.
ACCEPTANCE OF THESE TERMS
The following words and their definitions are to help guide you on how to navigate these Terms.
1. An "Affiliate"
of any entity means any person or entity that controls, is controlled by, or that is under common control with, such entity, whether as of the date of your agreement to these Terms or after. For purposes of this definition, "control" means ownership or control, directly or indirectly, of more than 20% of the outstanding voting stock of an entity or otherwise possessing the power to direct the management and policies of an entity.
2. “Consumers”
means consumers using our Services for any reason, including to consume information and/or attend events.
3. “PhlexIt Properties”
means PhlexIt's products, features and offerings that are available:
A. online through various PhlexIt properties including PhlexIt.com ("Site(s)");
B. off platform, including entry management, sponsorship, and marketing or distribution services;
C. through mobile applications, webpages, application programming interfaces, and subdomains ("Applications").
2. PHLEXIT’S SERVICES
2.1 What we do.
We offer an events sales and ticketing platform that helps Organizers and Consumers connect through memorable live experiences. Through our Services, Organizers can create, post, and manage online or in-person events, sell tickets, solicit sponsorship, and stay connected to Consumers through sundry marketing tools.
2.2 How we fit in.
We are not the creators, organizers, or owners of the events listed on the Services. We are intermediaries. We sell and manage tickets, registrations, and any merchandise and promote the events on the Services platform.
The Event Organizer is solely responsible for delivering their event as advertised and ensuring that their event complies with any applicable laws, rules, and regulations, and that the goods and services described are delivered as described and in an accurate, satisfactory manner. If the Organizer is hosting an event with paid tickets, the Organizer selects the payment processing method offered to Consumers for its event as more fully described in the Merchant Agreement. Consumers must use the payment processing method the Organizer selects to collect payment.
If the Organizer uses PhlexIt Payment Processing (defined in the Merchant Agreement), we act as the Organizer's limited agent to process payments from Consumers on the Organizer's behalf using our third-party payment service providers.
If the Organizer selects Facilitated Payment Processing (defined in the Merchant Agreement), we transmit the Consumer’s payment details to the Organizer’s designated payment provider but do not process the transaction.
3. PRIVACY CONCERNS AND CONSUMER PERSONAL DATA
3.1 Privacy Policy.
We abide strictly by our Privacy Policy when handling and processing your personal data. We irrevocably commit to protecting your personal data that you provide or that we collect through our platform as set forth in our Privacy Policy.
3.2 Cookies.
We use cookies, pixels, and similar technologies and provide you with choices to manage your preferences. We and our vendors use cookies, scripts, and other technologies to collect information on a real-time basis about how you use and navigate our Services. This may include your IP address, as well as information about your browsing behavior, page visits, clicks, and cursor movements, and searches on our sites. This information will be collected directly by, or disclosed to, our vendors and used to evaluate your use of the Services. Our Cookie Policy further explains how we use cookies, pixels, and other similar technologies when you visit our platform or use our Services.
4. TERM AND TERMINATION
4.1 Term.
These Terms apply to you as soon as you access the Services on our platform and will continue to apply until they are terminated. You or PhlexIt may decide it's best to part ways as described in Sections 4.2 or 4.3 below. When that happens, these Terms will generally no longer apply. However, as described in Section 4.4, certain provisions will always remain applicable to both you and us.
4.2 Termination.
We reserve the right to revoke your access to our Services.
A. you violate or breach these Terms or any other agreement between you and us, or if you fail to pay any amounts when due;
B. you misuse or abuse the Services, or use the Services in a way not intended or permitted by us;
C. you engage in any conduct on or off the Platform that jeopardizes the safety and/or integrity of our Platform or adversely interferes with the experience of other Consumers; or
D. allowing you to access and use the Services would violate any applicable local, state, provincial, national, or other laws, rules and regulations or court order or would expose us to legal liability.
We may elect to stop offering the Services, or any particular portion of the Services, or modify or replace any aspect of the Services entirely, at any time of our choosing. Where we do so, we will endeavor to make reasonable efforts to notify you of our termination of your access to the Services, where in our assessment we believe our failure to convey such notice would materially prejudice you. You agree that we will not be liable to you or any third party as a result of our termination of your right to use or otherwise access the Services.
4.3 Deleting Your Account.
Except otherwise agreed between you and us in a separate agreement, you may elect to terminate your access to the Services and the general applicability of Terms by deleting your account.
4.4 Survival of Terms.
All provisions of these Terms that by their nature should survive termination of these Terms will continue to apply to you, including all limitations on liability, releases, indemnification obligations, disclaimers of warranties, agreements to arbitrate, choices of law and judicial forum, and intellectual property protections and licenses.
5. RELEASE AND INDEMNIFICATION
5.1 Release.
You undertake not to insert us into any dispute(s) between you and a third party.
A. You hereby agree to release us (collectively with our directors, agents, licensors, payment processing partners, vendors, other partners, independent contractors and employees, the “PhlexIt Released Parties”) from all damages (whether direct, indirect, incidental, consequential, or otherwise), losses, liabilities, costs, and expenses of every kind and nature, known and unknown, arising out of a dispute between you and a third party (including other Users) in connection with any of the following:
- the Services or any event listed on the Services, including Your listed Events;
- your Licensure (defined below), any failure to obtain or maintain any Licensure, or any error in obtaining or maintaining any Licensure;
- any Feedback (defined below) that you give or receive; or
- Your Content or Your Trademarks.
5.2 Indemnification.
You agree to defend, indemnify, and hold harmless the PhlexIt Released Parties from any and all damages (whether direct, indirect, incidental, consequential, or otherwise), losses, liabilities, costs, and expenses of every kind and nature, known and unknown, including legal fees and costs, arising out of or in connection with:
- your violation or breach of these Terms or the Merchant Agreement;
- your use of the Services in a manner not authorized by these Terms, the Merchant Agreement, or as prohibited by any applicable law, rule, and/or regulation;
- your violation of any third-party rights;
- your Licensure or any error in obtaining or maintaining any Licensure;
- any Feedback (defined below) that you give or receive;
- Your Content or Your Trademarks.
6. OUR INTELLECTUAL PROPERTY RIGHTS
6.1 Our Content and Materials.
The Services contain content owned or licensed by us ("PhlexIt Content"). We grant you the right to use the PhlexIt Content only in connection with your permitted use of the Services. Your use of the Services must be in strict compliance with these Terms and other agreements you have with us, and only within the scope of the rights granted. The PhlexIt name, logo, and all trademarks are the property of PhlexIt, and you are not granted any right or license to use them for any purpose, except as expressly authorized herein.
6.2 Your Content and Materials.
As between you and us, you own all rights to your content and materials that you upload to the Services ("Your Content"). You grant us a worldwide, royalty-free, non-exclusive license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, and display Your Content in connection with the Services, as long as you do not use the PhlexIt name, logo, or any other PhlexIt trademarks except as expressly authorized by us. This license ends when you delete Your Content or your account unless Your Content was shared with others, and they have not deleted it.
6. DISCLAIMER OF WARRANTIES AND RISK ASSUMPTION
6.1 Disclaimers.
Whilst we strive to provide Services to your utmost satisfaction, there are some things we can’t promise.
1. To the extent allowed under applicable laws, the Services are provided on an "as is" and "as available" basis. PhlexIt expressly disclaims all warranties of any kind, express or implied, including implied warranties of merchantability, title, non-infringement, and fitness for a particular purpose. For example, we make no warranty that:
A. the Services (or any portion of the Services) will meet your requirements or expectations;
B. the Services will be free from interruptions, timely, secure, or error-free; or
C. the results that may be obtained from the use of the Services will be accurate or reliable.
2. We have no control over and do not guarantee the (i) quality, safety, success, accuracy, or legality of any event or Site Content associated with an event, (ii) accuracy of any information provided by Users (including Feedback and Consumers’ personal information shared with Organizers in connection with events), or (iii) ability of any User to complete a transaction.
3. We are not liable for the acts or omissions of any third parties, including third parties that help us provide the Services, that an Organizer chooses to assist with an event, or that you choose to use or contract with when using the Services.
6.2 Assumption of Risks.
There are inherent risks attached to attending live events which you must bear. Some events do carry inherent risk and by participating in them, you choose to assume those risks voluntarily. Some risks may include illness, bodily injury, disability, or death, and you freely and willfully assume those risks by choosing to participate in those events.
6.3 Application of Disclaimers.
The disclaimers will apply so long as they are allowed under law. The disclaimers in these Terms apply to the maximum extent permitted by law. If any warranties are required by applicable law, they will be limited to the shortest duration allowed.
11. PROHIBITION ON ILLEGAL USE OF SITE CONTENT
11.1 You can’t use our content for your own purposes or any commercial purposes whatsoever.
12. FEES AND REFUNDS
12.1 Fees.
We charge no fees to create and account in our Platform. However, we charge fees to list an event and to buy/sell paid tickets or registrations. These fees vary based on individual agreements between us and certain Organizers. In some instances, Organizers may determine whether these fees will be passed along to Consumers or absorbed into the ticket or registration price and paid by the Organizer out of ticket and registration gross proceeds. The fees charged to Consumers may include other charges, including facility fees, royalties, taxes, processing fees, and fulfillment fees.
We do not control (and cannot disclose) fees levied by your bank and/or credit card company, including fees for purchasing tickets and registrations in foreign currencies or from foreign persons. Be sure to check with your bank or credit card company prior to purchasing to understand all applicable fees, credit card surcharges, and currency conversion rates.
13. YOUR ACCOUNT WITH PHLEXIT
13.1 Our Do's and Dont's.
When you create an account with us or use our Services, you must provide us with accurate information and abide by our rules. You may be required to create an account to access certain features or functions of the Services.
You agree to the following:
(i) That you are 18 years and above which is the legal age of majority where you reside to use the Services.
(ii) You must provide accurate, current, and complete bio-data and information about yourself, or if you are using the Services on behalf of an entity, that entity (the "Registration Data"). You also must update this Registration Data if it changes.
(iii) We will be the sole arbiter where it occurs that there is a dispute between two or more persons or entities regarding account ownership, and our decision will be final and binding (which may include termination or suspension of the account) as regards the account.
(iv) If you are using the Services on behalf of a company or other entity, you represent and warrant that you have the authority to legally bind that entity and grant us all permissions and licenses provided in these Terms.
(v) You must maintain the privacy and confidentiality of your password and log-in details of your account.
(vi) All rules applicable to your account will apply to all third parties to whom you grant access to your account.
(vii) You will immediately notify us of any unauthorized use of your password or account, or any other breach of security.
(viii) You are responsible for any activities that occur under your account.
(ix) You will not use the Services to collect and or harvest sensitive personal information, such as national insurance number, financial information, payment card numbers, driver's license numbers, and passport numbers, unless otherwise permitted by these Terms or we have consented to the collection of the information in writing.
14. YOUR CONTENT AND TRADEMARKS
14.1 Rights and Responsibilities.
You agree to grant us certain limited rights to use Your Content and Trademarks.
1. You are solely responsible for the Content you generate and their Trademarks. You hereby grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, transferable, sublicensable right and license to access, use, reproduce, transmit, adapt, modify, perform, display, distribute, translate, publish, and create derivative works based on:
A. Your Content, in whole or in part, in any media, for the purpose of operating the Services (including our marketing and promotional services, which may include but not limited to the promotion of you and Your PhlexIt Events on a third-party website or other media, including our social media properties) and internal correspondences.
B. The use of our Trademarks in conjunction with our use of Your Content for the purpose of identifying you as an existing or past customer of PhlexIt both on the Services and in marketing, advertising and promotional materials.
For the avoidance of doubt, we do not claim ownership to Your Content or Your Trademarks, however, it is essential that these licenses are in place, so as to provide you the Services and help Your PhlexIt Events. Therefore, You agree to and hereby waive any and all moral rights in connection with our use of Your Content in accordance with the licenses in this Section 14. We further reiterate that, we do not claim, and you do not transfer, any ownership rights in any of Your Content or Your Trademarks and nothing in these Terms will restrict any rights that you may have to use and exploit Your Content and Your Trademarks outside of the Services.
14.2 Representations.
You represent and warrant that you have all the rights, power and authority necessary to grant the foregoing license enumerated in section 14.1 above, and that all Your Content and Your Trademarks do not infringe, violate, misappropriate or otherwise conflict with the rights of any third party, comply with all applicable local, municipal, national, and other laws, rules and regulations; and do not violate these Terms.
14.3 Our Rules and Guidelines.
Your Content must comply and conform to our rules and guidelines. Your Content must be truthful and accurate. We reserve the right to take down Your Content from our Platform or the Services if we reasonably believe that Your Content or Your PhlexIt Events violate these Terms or for any other reason that offends propriety.
15. REVISION AND MODIFICATIONS TO THE TERMS OR SERVICES
We may revise and/or modify these Terms from time to time and will endeavor to notify you of any material changes. We reserve the right to revises and/or modify these Terms (including the Privacy Policy and the Merchant Agreement from time to time (collectively, "Revisions"). If we believe any Revisions are material, we will let you know through one (or more) of the following methods:
A. posting the changes through the Services;
B. updating the "Updated" date at the top of this page; or
C. sending you an email (if you have provided us with an email address).
You are responsible for reviewing any changes we may make. Your continued use of the Services following the posting of changes will mean that you accept and agree to the changes. If you disagree with any change, you should discontinue using the Services and terminate your account.
16. TERMINATION
We may terminate or suspend your account or access to the Services at any time and for any reason or no reason, with or without notice, including without limitation, if you violate these Terms, or if we reasonably believe that any violation or breach of these Terms may be imminent or has occurred.
If your account is terminated or suspended, you may lose access to all or part of the Services, and any Content associated with your account may be permanently lost.
Upon termination, we will have no obligation to provide you with any refunds or other compensation.
PRIVACY POLICY STATEMENT
Please read this Privacy Policy as it includes important information regarding your Personal Data and other information.
INTRODUCTION
This Privacy Policy sets forth our policy with respect to information that can be associated with or which relates to a person and/or could be used to identify a person ("Personal Data") that is collected from Users on or through the Services. This policy also covers personal data collected from PhlexIt sales customers and prospects. We take the privacy of your Personal Data seriously. Because of that, we have created this Privacy Policy.
PERSONAL DATA THAT WE COLLECT
When you use or interact with us through the Services or engage with PhlexIt as a sales customer or prospect, we may collect Personal Data. Sometimes this will be on our own behalf and other times this will be on behalf of an Organizer using our Services to run an event. This is an important distinction for purposes of certain data protection laws and is explained in more detail below.
THE INFORMATION COLLECTED FROM ALL USERS
Information you provide to us: For all Users we collect Personal Data when you voluntarily provide when you register for access to our Services, contact us with inquiries, respond to one of our surveys, register for or purchase tickets to an event, or browse or use certain parts of our Services. The Personal Data we may collect includes without limitation your name, address, email address, content you have signaled you are interested in (for example, by viewing, clicking, liking, following, or searching on our Services) and any other information that you choose to provide and/or that enables Users to be personally identified.
Information we automatically collect: We also automatically collect certain data that is sent to us from the computer, mobile device and/or browser through which you access our Services ("Automatic Data"). Automatic Data, includes without limitation, a unique identifier associated with your access device and/or browser (including, for example, your Internet Protocol (IP) address) characteristics about your access device and/or browser, statistics on your activities on the Services, information about how you came to the Services and data collected through Cookies, Pixel Tags, Local Shared Objects, Web Storage and other similar technologies. We and our vendors use such technologies to collect information on a real-time basis about how you use and navigate our Services. This may include information about your browsing behavior, page visits, clicks and cursor movements and searches on our sites. The information (including your IP address) collected by these technologies will be disclosed to or collected directly by these vendors, who use the information to help us evaluate your use of the Services.
INFORMATION COLLECTED FROM ORGANIZERS
If you are an Organizer, it is incumbent on us to obtain additional Personal Data from you. The typical Information you provide to us includes but not limited to your credit card information (e.g., your credit card number and expiration date, billing address, etc.), some of which may constitute Personal Data, to secure certain payments. In addition, if you use our payment processing services, we will also collect financial information from you (e.g., your bank account information or an address to send checks) as necessary to facilitate payments and information required for tax purposes (e.g., your taxpayer identification number). When you create an event, we may ask you to provide a phone number and send you a text message to verify your account and prevent fraudulent activity on our Services.
INFORMATION COLLECTED FROM CONSUMERS
If you are a Consumer we will collect additional Personal Data from you, sometimes for our own purposes and other times on behalf of an Organizer (see Section 16 below for more information).
Information you provide via PhlexIt Platforms or Applications: If you register for a paid event, you will provide financial information (e.g., your credit card number and expiration date, billing address, etc.) some of which may constitute Personal Data. In addition, Organizers can set up event registration pages to collect virtually any information from Consumers in connection with registration for an Organizer's event listed on the Services. PhlexIt does not control an Organizer's registration process nor the Personal Data that they collect. When you register for, or otherwise provide information to PhlexIt in conjunction with an Organizer event or activity, whether that information is yours or a third party’s, in connection with a purchase, registration, or transfer, that Organizer will receive and may use the information you provide.
Information we obtain from other sources: We may also collect or receive Personal Data from third party sources, such as Organizers, other Consumers, social media or other third-party integrations, your credit card issuing bank, our payment processing partners or other third parties.
Information collected from sales clients and leads
If you engage with the PhlexIt marketing team we may collect the following: your name, email, address, phone number, and other professional contact information. If you engage with the marketing team and consent to recording a meeting, the sales team may collect audio and/or video recordings of you.
How We Use Your Personal Data
We collect and use the Personal Data we collect in a manner that is consistent with this Privacy Policy, and applicable privacy laws. We may use the Personal Data as follows:
(i) Specific Reason: If you provide Personal Data for a certain purpose, we may use the Personal Data in connection with the purpose for which it was provided. For instance, if you contact us by email, we will use the Personal Data you provide to answer your question or resolve your problem and will respond to the email address from which the contact came.
(ii) Access and Use: If you provide Personal Data in order to obtain access to or use of the Services or any functionality thereof, we will use your Personal Data to provide you with access to or use of the Services or functionality and to analyze your use of such Services or functionality.
(iii) Internal Business Purposes: We may use your Personal Data for internal business purposes, including without limitation, to help us improve the content and functionality of the Services, to better understand our Users, to improve the Services, to protect against, identify or address wrongdoing, to enforce our Terms of Service, to manage your account and provide you with customer service, and to generally manage the Services and our business.
(iv) PhlexIt and Organizer Marketing: We may use your Personal Data for our marketing and advertising purposes, including (without limitation) by email, SMS marketing, display media, and targeting other devices (such as tablets, mobile devices and televisions).
(v) Organizer Emails: We allow Organizers to use our email tools to contact Consumers for their current and past events, so you may receive emails from our system that originate with such Organizers and that we send on their behalf.
(vi) Use of Interest-Based Data: We sometimes make inferences about the type of events or activities you may be interested in based on information you provide in your PhlexIt profile, events attended, and your use of the Services.
(vii) Other Purposes: If we intend to use any Personal Data in any manner that is not consistent with this Privacy Policy, you will be informed of such anticipated use prior to or at the time the Personal Data is collected or we will obtain your consent subsequent to such collection but prior to such use.
We also use Automatic Data for the purposes described in this Privacy Policy.
Disclosure of Your Personal Data
We do not disclose your Personal Data to third parties except as described in this Privacy Policy. In general, the Personal Data collected from all Users is used by us to provide you with access to the Services, process transactions, and communicate with you about your account and our Services. In addition, we may disclose your Personal Data to the following entities:
Cookies and Other Tracking Technologies
We use Cookies and other Tracking Technologies (including Pixel Tags, Local Shared Objects, Web Storage) to collect Automatic Data.
Security of Personal Data
We implement reasonable measures designed to secure your Personal Data from unauthorized access, use, or disclosure. However, despite our efforts, no security measures are perfect or impenetrable, and no method of data transmission can be guaranteed against any interception or other type of misuse.
Changes to This Privacy Policy
We may update this Privacy Policy from time to time. When we do, we will post the revised Privacy Policy on this page with an updated revision date.
HOW YOU CAN ACCESS, UPDATE, CORRECT OR EXPUNGE YOUR PERSONAL DATA.
You can access or delete your Personal Data stored by us. You can do so by contacting our customer care team using our contact information or by editing your Personal Data directly through your account.
HOW LONG WE RETAIN YOUR PERSONAL DATA.
We may retain your Personal Data as long as you are registered to use the Services. You may elect to delete your account by visiting our Platform. However, we may retain Personal Data for an additional period as is permitted or required under applicable laws.
EXCLUSIONS.
Personal Data Provided to Others. This Privacy Policy does not apply to any Personal Data that you provide to another User or visitor through the Services or through any other means, including to Organizers on event pages or information posted by you to any public areas of the Services.
Third-Party Links. This Privacy Policy applies only to the Services. The Services may contain links to other websites not operated or controlled by us (the "Third Party Sites"). The policies and procedures we described here do not apply to the Third-Party Sites. The links from the Services do not imply that we endorse or have reviewed the Third-Party Sites. We suggest contacting those sites directly for information on their privacy policies.
Minors and Children.
As a general rule, we do not knowingly collect Personal Data from minors and children as part of our policy on protecting their privacy and their limiting their usage of online tools without adult supervision. If you are under the age of majority, please do not submit any Personal Data through the Services. We encourage parents and legal guardians to monitor their children's Internet usage and to help enforce our Privacy Policy by instructing their children never to provide Personal Data through the Services without their permission.
INTERNATIONAL PRIVACY LAWS.
If you are visiting the Services from outside the United Kingdom, please be aware that you are sending information (including Personal Data) to the United Kingdom where our servers are located. That information may then be transferred within the United Kingdom or back out of the United Kingdom to other countries outside of your country of residence, depending on the type of information and how it is stored by us. These countries (including the United Kingdom) may not necessarily have data protection laws as robust or protective as those in your country of residence; however, our collection, storage and use of your Personal Data will at all times continue to be governed by this Privacy Policy.
CHANGES TO THIS PRIVACY POLICY.
The Services and our business may change from time to time. As a result, at times it may be necessary for us to make changes to this Privacy Policy. We reserve the right, in our sole discretion, to update or modify this Privacy Policy at any time (collectively, "Modifications"). Modifications to this Privacy Policy will be posted to the Site with a change to the "Updated" date at the top of this Privacy Policy. In certain circumstances PhlexIt may, but need not, provide you with additional notice of such Modifications, such as via email or with in-Service notifications. Modifications will be effective thirty (30) days following the "Updated" date or such other date as communicated in any other notice to you. Please review this policy periodically, and especially before you provide any Personal Data. This Privacy Policy was updated on the date indicated above. Your continued use of the Services following the effectiveness of any Modifications to this Privacy Policy constitutes acceptance of those Modifications. If any Modification to this Privacy Policy is not acceptable to you, you should cease accessing, browsing and otherwise using the Services.
DISPUTE RESOLUTION.
If you have a complaint about PhlexIt's privacy practices you should contact us in writing at: PhlexIt Ltd Attn: Data Privacy Controller, by email legal@PhlexIt.com. We will take reasonable steps to work with you to attempt to resolve your complaint.
European Economic Area, Switzerland and UK Only
The EU General Data Protection Regulation (GDPR) requires PhlexIt and Organizers using the Service to provide Users with more information about the processing of their Personal Data.
In essence, the GDPR requires us to disclose to you the Legal grounds for processing your Personal Data. The legal grounds are: • You provided your consent; • It is necessary for our contractual relationship; • The processing is necessary for us to comply with our legal or regulatory obligations; and/or • The processing is in our legitimate interest as an event organizing and ticketing platform (for example, to protect the security and integrity of our systems and to provide you with customer service, etc.).
Transfers of Personal Data
As PhlexIt is an international company, we may need to transfer your Personal Data outside of the country from which it was originally provided. This may be intra-group or to third parties that we work with who may be located in jurisdictions outside the United Kingdom which have no data protection laws or laws that are less strict compared with those in United Kingdom and Europe. Whenever we transfer Personal Data outside of the UK and EEA, we take legally required steps to make sure that appropriate safeguards are in place to protect your Personal Data. This includes the use of Standard Contractual Clauses issued pursuant to transfers from the UK, the UK International Data Transfer Addendum (IDTA) and the Commission Implementing Decision (EU) 2021/914 of June 4, 2021 of the European Parliament and of the Council.
Personal Data retention
We retain your Personal Data for as long as necessary to provide you with our Services, or for other important purposes such as complying with legal obligations, resolving disputes, and enforcing our agreements. If you have an account with us, we will typically retain your Personal Data for a period of ninety (90) days after you have requested that your account is closed or if it's been inactive for seven (7) years.
Your rights
Data protection law provides you with rights in respect of Personal Data that we hold about you, including the right to request a copy of the Personal Data, request that we rectify, restrict or delete your Personal Data, object to profiling and unsubscribe from marketing communications.
Please note that requests to exercise data protection rights will be assessed by us on a case-by-case basis. There may be circumstances where we are not legally required to comply with your request because of the laws in your jurisdiction or because of exemptions provided for in data protection legislation. If you have a complaint about how we handle your Personal Data, please get in touch with us in the first instance at legal@phlexit.com or contact your local data protection authority.
Data Controller and Data Processor
UK and EU data protection laws make a distinction between organizations that process Personal Data for their own purposes (known as "data controllers") and organizations that process Personal Data on behalf of other organizations (known as "data processors"). If you have a question or complaint about how your Personal Data is handled, these should always be directed to the relevant data controller since they are the ones with primary responsibility for your Personal Data.
PhlexIt may act as either a data controller or a data processor in respect of your Personal Data, depending on the circumstances.
For example, if you create an account with us to organize your events, PhlexIt will be a data controller in respect of the Personal Data that you provide as part of your account. We will also be a data controller of the Personal Data that we have obtained about the use of the Applications or PhlexIt Properties, which could relate to Organizers or Consumers. We use this to conduct research and analysis to help better understand and serve Users of the Services as well as to improve our platform and provide you with more targeted recommendations about events we think may be of interest to you.
However, if you register for an event as a Consumer, we will process your Personal Data to help administer that event on behalf of the Organizer (for example, sending confirmation, promotional and feedback emails, processing payments, etc.) and to help the Organizer target, and understand the success of, their event and event planning (for example, providing event reports, using analytics to gain insights into the effectiveness of various sales channels, etc.). In these circumstances, PhlexIt merely provides the tools for Organizers; PhlexIt does not decide what Personal Data to request on registration forms, nor is it responsible for the continued accuracy of any Personal Data provided. Any questions that you may have relating to your Personal Data and your rights under data protection law should therefore be directed to the Organizer as the data controller, not to PhlexIt.
COOKIE POLICY STATEMENT
What are cookies? Cookies are small data files that are placed on your computer or mobile device when you visit a website. The term “cookie” is used in this Cookie Statement in the broad sense to include cookies and all similar techniques and technologies, including web beacons. Web beacons (sometimes called "tracking pixels" or "clear gifs") are tiny graphics files that contain a unique identifier that enable us to recognize when someone has visited our Online Properties or taken an action in relation to our Online Properties.
Cookies set by the website owner (in this case, PhlexIt) are called "first-party cookies." Cookies set by parties other than the website owner are called "third-party cookies." Third-party cookies enable third-party features or functionality to be provided on or through the website (e.g., advertising, interactive content, and analytics). The parties that set these third-party cookies can recognize your computer both when it visits the website in question and also when it visits certain other websites.
Why do we use cookies? We utilize first- and third-party cookies for several reasons. Some cookies are required for technical reasons in order for our Online Properties to operate, and we refer to these as "essential" or "strictly necessary" cookies. Other cookies enable us to better understand your use of our Online Properties, to track and target the interests of our Users, and to enhance the experience of Users on our Online Properties. Third parties serve cookies through our Online Properties for advertising, analytics and other purposes.
Organizers can also use cookies on our Online Property to learn more about your interests in their event(s). These practices are described in more detail below.
TYPES OF COOKIES WE USE
Third-party cookies We use third-party cookies only. We use this cookie through certain companies who may place cookies on your computer through our Online Properties, access those cookies, and associate web beacons with them. These cookies enable third-party features or functionalities to be provided on or through our Online Properties. The parties that set these third-party cookies can use them to recognize your device both when it visits our Online Properties and also when it visits certain other, unaffiliated websites.
Types of third-party cookies we use The types of third-party cookies we use on our Online Properties are detailed below. Please note that the specific cookies served to your browser may vary depending on the specific PhlexIt Property you visit. These cookies may use non-personal data (e.g., aggregate or de-identified information about your use of the Online Properties) or information that uniquely identifies the browser or device you are using to access the Online Properties.
Essential cookies: These cookies are strictly necessary to provide you with access to and the basic use of our Services or Online Properties, such as access to secure areas and setting your privacy preferences. These cookies cannot be turned off.
Functionality cookies: These cookies are used to enhance the performance and functionality of our Online Properties but are not required for their use. However, without these cookies, certain functionality of the Online Properties may become limited or unavailable.
Analytics cookies: These cookies help us understand how our Online Properties are being used or how effective our marketing campaigns are, or to help us customize our Sites for you. We and our vendors use such technologies to collect information on a real-time basis about how you use and navigate our Services. This may include information about your browsing behavior, page visits, clicks and cursor movements and searches on our sites. The information (including your IP address) collected by these technologies will be disclosed to or collected directly by these vendors, who use the information to help us evaluate your use of the Services. With analytics cookies, we are able to improve the features offered on our Online Properties.
Advertising cookies: These cookies are used to make advertising messages more relevant to you. They perform functions like preventing the same ad from continuously reappearing, ensuring that ads are properly displayed, and in some cases selecting advertisements that are based on your interests. This category includes both:
• Targeted Advertising: These are third-party advertising cookies that show you ads and measure the effectiveness of ads on both PhlexIt Online Properties and on other websites and services. Targeted Advertising cookies may include Google, Facebook, and other advertising networks and services that we may use from time to time.
DURATION OF COOKIES STORED ON YOUR DEVICE
Temporary or Session cookies: We use temporary cookies on our Online Properties to allow you to browse our Online Properties without interruption. We may also use temporary cookies for internal reporting purposes. After your browsing session ends, this type of cookie does not store any information on your hard drive.
Persistent cookies: Certain third-party cookies are persistent cookies. They allow us and third parties to understand visitors’ browsing behaviour over a longer period of time, to provide you with additional features related to your use of the Online Properties, the content that you have saved or stored through them, as well as for advertising and marketing purposes. Depending on their function, this type of cookie may persist for different lengths of time ranging from several hours, to a week, or even several years. This type of cookie will persist after you end a browsing session and can be used by our Online Properties or third parties to recognize your device when you begin a new browsing session.
