TICKETSOCKET USER AGREEMENT

This User Agreement (this “Agreement”) is made between TicketSocket, Inc., a Delaware corporation, having an address at 2901 W. Coast Highway, Suite 305, Newport Beach, CA 92663 (referred to herein as “TicketSocket” or “We”) and the entity (“User”) identified on the attached (TicketSocket and User are each referred to as a “Party”, and collectively, as the “Parties”). This Agreement, including all documents referred to and with links to other pages as set forth herein, is effective as of the date of acceptance of this Agreement by the User and confirmation of satisfactory completion of the Registration Form and acceptance by TicketSocket (the “Effective Date”).

WHEREAS, TicketSocket is in the business of providing ecommerce solutions to entities providing tickets, transaction processing, reservations, registration, memberships, vouchers, admissions, merchandise, purchase and/or confirmations (collectively, “Ticketing Transactions” as further defined below) that allow Ticket purchasers or holders to attend, have access to, or participate in, events, venues and other transactions or activities (each, an “Event”) organized by User or held under its auspices; and

WHEREAS, User is itself an Event Organizer; and

WHEREAS, User desires to utilize TicketSocket’s Ticketing Transaction solutions to provide Patrons with access to tickets for Events;

NOW THEREFORE, the Parties agree as follows:

Definitions. The following definitions (and additional definitions provided in the recitals and in the text below) will apply to this Agreement: 

“Affiliate” of a Party means (i) any entity that such Party controls, (ii) any entity that controls such Party, or (iii) any entity under common control with such Party. For the purpose of this definition, “control” as used herein includes direct, indirect or joint ownership and/or control, including any subsidiary, holding company or operating division of the Party from time to time.

“Applicable Laws” means all applicable national, state, provincial, municipal, and local laws, and any other laws, rules, regulations, and (in whatever form) codes of practice, together with any guidelines or other requirements of regulatory authorities as may be in effect from time to time, further including without limitation, Data Protection Laws.

“CCPA” means the California Consumer Privacy Act of 2018, California Civil Code 1798.100 et seq.

“Confidential Information” means non-public technical or business information, data or know-how (including, without limitation, business records and plans, trade secrets, technical data, product ideas, contracts, financial information, pricing structure, discounts, computer programs and listings, source code and/or object code, copyrights and intellectual property, inventions, sales leads, strategic alliances, partners, and customer and client lists) of a Party and/or its Affiliates (the “Discloser”), which is disclosed to the other Party (the “Recipient”) in written or tangible form in connection with this Agreement. Oral disclosure will also be deemed Confidential Information if it would reasonably be considered to be of a confidential nature or if it is communicated at the time of disclosure to be confidential. For the avoidance of doubt, the Software and Documentation utilized under this Agreement are the Confidential Information of TicketSocket. Notwithstanding the foregoing, Confidential Information does not include information which is: (i) already in the possession of the Recipient and not subject to a confidentiality obligation to the Discloser; (ii) independently developed by the Recipient; (iii) publicly disclosed or available through no fault of the Recipient; (iv) rightfully received by the Recipient from a third party that is not under any obligation to keep such information confidential; or (v) approved for release by written agreement with the Discloser.

“Data Protection Laws” means all applicable state, federal and national laws in connection with the privacy and security of Personally Identifying Information (“PII”) and Personal Data governing the use, collection, processing, transfer, and/or sale of PII or Personal Data for business purposes, including without limitation, the CCPA, EU GDPR and UK GDPR, where and as applicable, and where and as applicable, laws relating to cookies, analytics tools or other forms of online tracking or monitoring, as well as any associated guidance, codes of practice or other statements issued by any relevant regulatory authority and any relevant case law, judgements or decisions relating to such laws from time to time.

“Documentation” means the manuals, specifications, and other written and electronic materials describing the functionality, features, and operating characteristics, maintenance, operation, and use of the System or Services, as provided or made available by TicketSocket.

“FTCA” means the Federal Trade Commission Act, 15 USC §45, Section 5(a).

“EU GDPR” means the European Union General Data Protection Regulation 2016/679.

“Intellectual Property” means any proprietary rights, title and interest in patents, patent applications, extensions, supplementary protection certificates, design rights, data rights, copyrights, trade secrets, trademarks, service marks, trade names, trade dress, know-how, business processes, technology and all other intellectual property rights, derivatives thereof, and any forms of protection of a similar nature anywhere in the world. The term “Intellectual Property” may also be used herein to refer to the embodiments (e.g., computer software or data) that are covered by the foregoing Intellectual Property rights.

“Marks” means any trademarks, registered mark, logos, slogans, stylization or graphic elements owned by a Party, in English and in any translation or transliteration which may be used by that Party.

“Patron” means any person purchasing from or holding a ticket from a User or registering with a User for the purpose of a Ticketing Transaction, or whose Personal Data and/or PII is in any way collected, Processed, transferred, and/or sold by or for the User or TicketSocket through the use of the System for business purposes. For purposes of this Agreement, a “Patron” is: i) a “Consumer” as that term is defined in the CCPA, and ii) a “Data Subject” as that term is defined in the GDPR.

“Services” means, all services associated with the Software or otherwise provided or made available to User by TicketSocket, including but not limited to any support services and/or professional services.

“Software” means the Software as a Service (“SaaS”) Platform known as “TicketSocket,” including all related cloud-based or local extensions, modules or tools thereto, software applications, associated functionality, content (excluding User’s content), concepts, features, graphical user interfaces, and documentation related thereto, as well as all updates and customizations to any of the foregoing.

“System” means the TicketSocket ticketing system as hosted by TicketSocket and implemented in the Software.

“Ticketing Transactions” means the sale of tickets, reservation of tickets, registrations of tickets to third parties by the User, or registration by a Patron relating to an Event.

“UK GDPR” has the meaning given to it in section 3(10) (as supplemented by section 205(4)) of the UK Data Protection Act 2018.

The terms, “Controller”, “Data Subject”, “Personal Data”, “PII”, “Processing”, “Business”, and “Service Provider” shall have the meanings assigned in the CCPA, EU GDPR, or other applicable Data Protection Laws, and cognate terms shall be construed accordingly.

License Grant. Subject to the terms of this Agreement, TicketSocket grants to User, and User accepts from TicketSocket, a limited, non-exclusive, non-transferable, non-sublicensable and revocable license to use the System as a white label platform under User’s brand, in order to engage in Ticketing Transactions under the pricing terms specified on the Registration Form. This grant of license is subject to the payment of the Fees (as defined below), and is valid only during the Term (as defined below).

Restrictions. Except as expressly permitted under this Agreement or under written authorization by TicketSocket, User may not:

Make or distribute copies of the Software;

Decompile, reverse engineer, disassemble, or otherwise reduce the Software to a human perceivable form, except strictly to the minimum extent permitted by law;

Modify or create derivative works based upon the Software or any part thereof;

Permit any third party to use the System/Software, or use the System/Software for purposes of processing the data of any third party; or 

Use the System/Software to violate (intentionally or unintentionally) any Applicable Laws or regulation, including, but not limited to, U.S. export laws.

TicketSocket Services. TicketSocket shall perform the following services under this Agreement (the “Services”):

Provide User with access to, and permit User’s use of the System as customized and white-labeled for User by TicketSocket;

Provide processing for online Ticketing Transactions (e.g., Patron ticket purchases) with respect to User Event(s), and integrate its services with those of the User’s credit card processor such that User may receive funds pertaining to such Event(s), but TicketSocket will not be a party to any Ticketing Transaction;

Provide information required to account to User for TicketSocket fees and charges for each Ticketing Transaction; and

Provide any other deliverables, if any, as may be described on the Registration Form.

The TicketSocket Service Level Agreement (the “SLA”) provided at TicketSocket SLA is hereby incorporated into this Agreement as though fully set forth herein. TicketSocket reserves the right to modify the SLA upon notice to User.

Fees and Payment.

User shall pay the fees and charges as specified in the Registration Form (the “Fees”) for the license grant of Section 2 and for TicketSocket’s Services specified in Section 4. User shall pay all Fees in U.S. dollars.

Unless otherwise agreed in writing, TicketSocket will integrate the System with User’s preferred payment processor and User’s website. User will be the merchant of record for all Patron transactions. User shall authorize payment of all Fees either directly from the payment processor, or by ACH from User’s bank account, credit card or other payment method as may be designated on the Registration Form (“Payment Method”).

If and to the extent the Payment Method does not allow for direct payment of Fees to TicketSocket, TicketSocket will bill User semi-monthly, and provide an itemized invoice detailing all Fees charged. User shall pay each undisputed invoice submitted by TicketSocket within thirty (30) days of the date of the invoice. 

Fees do not include any applicable federal, state or local taxes and any such taxes or governmental charges, including sales or use taxes (but exclusive of income or corporate franchise taxes) (“Taxes”). It is User’s responsibility to know if any Applicable Laws apply to User’s sales and to adjust the Ticketing Transaction prices accordingly to account for Taxes which may be due. All such Taxes shall be paid by User. User is solely responsible for the submission and payment of any applicable Taxes pertaining to the Ticketing Transactions.

User represents and warrants that it is authorized and responsible for paying TicketSocket all Fees and any applicable Taxes via the Payment Method, and hereby expressly authorizes TicketSocket to charge User’s Payment Method for all invoiced amounts. User represents and warrants that all User contact information (including User’s email address, mailing address, and phone number), and Payment Method information provided to TicketSocket for its file are accurate and current. If TicketSocket is unable to charge the Payment Method on file or otherwise collect Fee payments from User, within ten (10) calendar days after providing notice to User of such inability to collect payment, TicketSocket reserves all its rights, and may pursue any means of relief available to TicketSocket including immediately suspending User’s access to the System and/or terminating this Agreement for cause pursuant to Section 6.2, below.

If User disputes any invoiced Fees, User shall so notify TicketSocket in a writing identifying the reason and details of such dispute within thirty (30) calendar days after the date of the invoice, and the Parties shall negotiate in good faith to determine if any payment adjustment is appropriate. Any undisputed amount remaining unpaid for more than thirty (30) calendar days from the invoice date shall accrue interest at the rate of the lower of percent per month or the highest rate permitted by law.

In its capacity as a backend service provider, TicketSocket is not responsible for the nature or quality of any Event, nor is TicketSocket responsible for any costs associated with the cancellation, rescheduling or modification of any Event. It is strictly User’s responsibility to issue any and all refunds, chargebacks or other credits to Patrons, vendors or the venue for User’s Event. User acknowledges and agrees that it is solely responsible for all communications with Patrons and information provided relating any User Event and all Ticketing Transactions, including in relation to prices and cancellation policies, and that User shall be solely responsible for the completeness and accuracy of all such communications and information. Except as expressly set forth herein, User acknowledges and agrees that as between TicketSocket and User, User shall bear all costs and liabilities for User’s Event(s). 

Term and Termination.

Term. This Agreement shall continue in force for an initial term commencing on the Effective Date and terminating as set forth on the Registration Form (“Initial Term”), and upon the expiration of this Initial Term, this Agreement shall be automatically renewed for successive one (1) year terms (each a “Renewal Term”), unless terminated by either Party upon at least thirty (30) days’ written notice prior to the expiration of the Initial Term or any Renewal Term. The Initial Term plus all Renewal Terms shall collectively be referred to as the “Term” of this Agreement.

Effect of Termination. All rights in the System and Software granted to User hereunder shall cease upon any termination effective date (as opposed to notice date) or expiration of this Agreement, and all outstanding Fees shall be due and payable within thirty (30) after such termination. Upon such termination effective date or expiration, User shall immediately cease any use of the System. Within thirty (30) days after any such termination effective date, each Recipient shall return or destroy all copies of the Discloser’s Confidential Information in Recipient’s possession or control; and certify to the Discloser in writing that it no longer retains any copies of such Confidential Information. Patron data which was not previously transmitted to User shall be delivered to User in then-standard electronic format on payment of all outstanding amounts due to TicketSocket, subject at all times to Section 12.8. If User terminates this Agreement after User has submitted Event(s) to the System, such User’s Event(s) shall be canceled on the System.

Confidentiality.

Confidential Information. Each Recipient understands and acknowledges that the Confidential Information of the Discloser has been developed or obtained by such Discloser by the investment of significant time, effort and expense, and that the Confidential Information is a valuable, special and unique asset of the Discloser that provides the Discloser with a significant competitive advantage and needs to be protected from improper disclosure. In consideration for the receipt by Recipient of any Confidential Information, Recipient agrees as follows:

No Disclosure. The Recipient will hold the Confidential Information in confidence and will not disclose the Confidential Information to any person or entity without the prior written consent of Discloser. The Recipient shall protect the Confidential Information of the Discloser with at least the same degree of care as Recipient uses to protect its own Confidential Information of a similar nature, but in no case with less than a reasonable standard of care.

No Copying/Modifying. Recipient will not copy or modify any Confidential Information without the prior written consent of Discloser.

Unauthorized Use. Recipient shall promptly advise Discloser if Recipient becomes aware of any unauthorized disclosure or use of the Discloser’s Confidential Information.

Employees and Consultants. Recipient shall not disclose any Confidential Information to any employees or consultants of Recipient, except those employees or consultants that are required to have access to the Confidential Information in order to perform their job duties in connection with the limited purposes of this Agreement. Each permitted employee or consultant to whom Confidential Information is disclosed shall sign a non-disclosure agreement with non-disclosure restrictions at least as stringent as those of this Agreement at the request of Discloser.

Authorized Disclosure. A disclosure by Recipient of any of Discloser’s Confidential Information (1) in response to a valid order by a court or other governmental body; (2) as otherwise required by law; or (3) necessary to establish the rights of either Party under this Agreement shall not be considered to be a breach of this Agreement by the Recipient; provided, however, that Recipient (where permitted under Applicable Laws) provides prompt prior written notice thereof to the Discloser to enable Discloser to seek a protective order or otherwise prevent the disclosure (where permitted under Applicable Laws). Further, the Recipient shall disclose only the minimum amount of the Confidential Information that it is legally required to furnish and, where appropriate, will exercise its best efforts to obtain written assurances that confidential treatment will be accorded to such Confidential Information.

Equitable Relief. In the case of a breach of the confidentiality provisions of this section, the Parties hereby agree that their respective remedies at law are inadequate, and consent to equitable enforcement of their obligations under said sections, by a court of appropriate equity jurisdiction hereunder.

During the Term, TicketSocket may use User’s Marks and any quotes attributable to User’s personnel in TicketSocket’s promotional materials regarding the System subject, in each instance, to User’s approval, not to be unreasonably withheld or delayed. The aforementioned limited, revocable license shall terminate upon expiration of this Agreement or termination effective date.

Representations and Warranties.

User represents and warrants the following: (i) User is a duly authorized producer, promoter, presenter, provider, manager, reseller or representative of the Event(s), and takes all custody and responsibility with respect to the accuracy and legitimacy of the Event(s), Ticketing Transactions and related information; (ii) User has the authority and right to offer, sell and honor the Ticketing Transactions for Event(s) on the System; (iii) the Event(s) and any other materials or content provided by User to the System is/are not pornographic, defamatory, racist, grossly offensive, harassing, malicious, or otherwise objectionable, and do not infringe or violate the rights of any person or entity, including, but not limited to, Intellectual Property rights, and rights of privacy and/or publicity, whether by statute or common law; (iv) User has obtained any and all necessary approvals, permits and licenses from a government entity, parent corporation, or franchisor, before providing Patrons with access to tickets; (v) the Event(s) and Ticketing Transactions and all use by the User of the System, including interactions with Patrons (such as cancellation policies and through any collection of PII or any Personal Data) are made in full compliance with and do not and will not violate any Applicable Laws, including without limitation, the FTCA; (vi) User will at all times comply with and honor Ticketing Transactions; (vii) information (including PII or any Personal Data) on the System related to User’s use of the System (which shall include where User, Patrons or third parties upload information in relation to an Event or Ticketing Transaction related to User) or otherwise provided to TicketSocket shall be complete and accurate.

TicketSocket represents and warrants the following: (i) TicketSocket is owner of the System, Software, Documentation and all TicketSocket Marks; (ii) TicketSocket has the authority and right to license, provide and grant User the rights and access to, and permit User’s use of, the System, Software and Documentation as contemplated under this Agreement; (iii) the System, Software and Documentation may be used for their intended purpose as contemplated and provided in this Agreement; and (iv) to the knowledge of TicketSocket, the System, Software, Documentation and all TicketSocket Marks do not infringe or violate the rights of any person or entity, including, but not limited to, Intellectual Property rights, and rights of privacy and/or publicity, under Applicable Laws.

SUBJECT TO THE SLA, THE SYSTEM, SERVICES AND DOCUMENTATION ARE PROVIDED “AS IS” AND “AS AVAILABLE”, AND TICKETSOCKET MAKES NO OTHER WARRANTY OR REPRESENTATION, EITHER EXPRESS OR IMPLIED. TICKETSOCKET EXPRESSLY DISCLAIMS ALL OTHER WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, CYBER-SECURITY (except to the extent required by Applicable Law) AND NONINFRINGEMENT.

Except as expressly provided in the SLA, TicketSocket makes no representation or warranty that the System will: (i) be uninterrupted, timely, secure, complete, accurate or free from defects, or (ii) operate in conjunction with hardware, operating systems, environments or software not specified or approved by TicketSocket, or that are incompatible with the current release or update of the System. User acknowledges that TicketSocket does not commit to supporting or specifying any particular browsing or operating platform, and that TicketSocket has the right at any time to revise and modify its web pages, release subsequent versions thereof, and/or alter features, specifications, capabilities, functions, and other characteristics of the System, all without notice to User. User shall be solely responsible for its use of the System (which shall include where User, Patrons or third parties use the System in relation to an Event or Ticketing Transaction related to User) and User acknowledges and agrees that TicketSocket shall not be liable to User in respect of any errors or non-compliance with Applicable Laws in this regard.

No oral or written information or advice given by TicketSocket, its dealers, agents or employees shall create a warranty of any kind.

NOTWITHSTANDING THE GOVERNING LAW CHOSEN BY THE PARTIES PURSUANT TO SECTION 16.1, IF THE LAWS OF ANY JURISDICTION DISALLOWS THE DISCLAIMER OF ANY WARRANTY HEREUNDER, THEN TO THE EXTENT ALLOWABLE BY APPLICABLE LAWS, SUCH MINIMUM WARRANTIES AS IMPLIED BY SUCH APPLICABLE LAWS SHALL APPLY AND BE LIMITED IN DURATION TO NINETY (90) DAYS FROM THE EFFECTIVE DATE.

Limitation of Liability. NEITHER PARTY SHALL BE LIABLE TO THE OTHER PARTY OR ANY THIRD PARTY FOR ANY LOSS OF BUSINESS, PROFITS OR GOODWILL, LOSS OF USE OR DATA, LOSS OR CORRUPTION OF DATA, INTERRUPTION OF BUSINESS, OR FOR ANY INDIRECT, SPECIAL, PUNITIVE, EXEMPLARY, RELIANCE, INCIDENTAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM USER’S OR ANY THIRD PARTY’S USE OR INABILITY TO USE THE SYSTEM, AND NEITHER PARTY SHALL BE LIABLE FOR ANY THIRD PARTY HARDWARE, SOFTWARE, AND/OR SERVICES, HOWEVER CAUSED, UNDER ANY THEORY OF LIABILITY, REGARDLESS OF WHETHER THE PARTY WITH THE ALLEGED LIABILITY HAS BEEN ADVISED OF THE POSSIBILITY OF ANY SUCH LOSS OR DAMAGES. NOTWITHSTANDING ANY PROVISION OF THIS AGREEMENT, TICKETSOCKET’S LIABILITY TO USER SHALL NOT, FOR ANY REASON, EXCEED THE AGGREGATED FEES COLLECTED BY TICKETSOCKET FROM USER OVER THE SIX (6) MONTHS IMMEDIATELY PRIOR TO THE EVENT GIVING RISE TO THE ALLEGED LIABILITY. NOTWITHSTANDING THE FOREGOING, THE LIMITATIONS OF LIABILITY OF THIS SECTION SHALL NOT APPLY TO A PARTY’S OBLIGATIONS OF INDEMNIFICATION, OR CLAIMS OF A BREACH OF CONFIDENTIALITY, GROSS NEGLIGENCE, FRAUD OR WILLFUL MISCONDUCT; PROVIDED, HOWEVER, THAT SUCH LIABILITY ON THE PART OF TICKETSOCKET SHALL BE LIMITED TO THE AMOUNTS ACTUALLY PAID BY TICKETSOCKET’S INSURER IN RESPECT OF THE RELEVANT LIABILITY UNDER TICKETSOCKET’S POLICIES OF INSURANCE.

User shall defend, indemnify and hold harmless TicketSocket and its officers, directors, owners, agents, and employees (the “TS Indemnified Party”) from any and all third party claims, damages, injury, losses, costs and expenses (including the reasonable fees of attorneys and other professionals) (“Claims”) that may result or arise from: (i) User’s access, inability to access, and use of the System, except where such Claims are caused by a failure of the System or any component under TicketSocket’s actual control; (ii) any breach by User of any of the representations, warranties, obligations, terms, or conditions of this Agreement; (iii) the failure of User or its Patrons to comply with Applicable Laws; (iv) ticketing, venue or Event(s) matters including injury claims, or disputes concerning information offered in User’s Event(s) listings or otherwise included on the System; or (v) User’s use of Patron data, including without limitation, use of Patron data either in compliance with, or in contravention of, User’s own privacy policy (“User’s Privacy Policy”). User acknowledges and will provide public notice (e.g., on User’s website terms & conditions) that TicketSocket has no authority with respect to the Event(s), and that TicketSocket merely provides the System to User for User’s convenience.

TicketSocket shall defend, indemnify and hold harmless User and its officers, directors, owners, agents, and employees (the “User Indemnified Parties”) from any and all Claims that may result or arise from TicketSocket’s breach of any of the representations, warranties, obligations, terms, or conditions of this Agreement applicable to or made by TicketSocket.

As the Parties intend complete indemnification, all costs and expenses of enforcing this provision also shall be reimbursed to the TS Indemnified Party or the User Indemnified Parties, respectively. When seeking indemnification, such Indemnified Party shall: 1) promptly notify the indemnifying Party in writing of the claim, suit, or proceeding for which indemnification is sought, 2) upon indemnifying Party’s request, permit the indemnifying Party to control the defense and settlement negotiations of the claim, suit or proceeding, 3) cooperate with the indemnifying Party as reasonably requested to assist in the defense and/or settlement of the claim, suit or proceeding, and 4) have the right to provide for its own separate defense at its own expense.

Patron Data; Security and Privacy.

The Parties acknowledge as defined by the EU GDPR and similar Data Protection Laws (if and to the extent applicable), User is the Controller with respect to all Patron Personal Data it collects in using the System under this Agreement, and that TicketSocket is the Processor. In User’s capacity as the Data Controller, it has the sole and exclusive authority to determine the purposes and means of the Processing of all Patron Personal Data, which User is exercising through use of the System as provided by TicketSocket. User shall notify TicketSocket in writing if the System is intended to be used to offer services to individuals within the European Economic Area and/or the United Kingdom or Switzerland (whether or not specific nations are part of the European Economic Area) (collectively, “European Data Subjects”) in a manner which falls under the scope of the EU GDPR or UK GDPR. Nothing in this Section 12.1 shall limit the obligations of the User under Section 12.3, and the indemnification provisions of Section 11.1 are made expressly applicable to this Section 12.1. If and to the extent European Data Subjects are to be offered services by User, the provisions of the TicketSocket EU/UK GDPR Addendum (“GDPR Addendum”) at TicketSocket GDPR apply to this Agreement and are incorporated herein in full. TicketSocket reserves the right to amend the GDPR Addendum upon reasonable notice to User.

The Parties acknowledge that under the CCPA (if and to the extent applicable), User is a Business with respect to Patron Personal Data it collects in using the System under this Agreement, and that TicketSocket is a Service Provider. The provisions of the TicketSocket CCPA Addendum (“CCPA Addendum”) at TicketSocket CCPA apply to this Agreement, and are incorporated herein in full. TicketSocket reserves the right to amend the CCPA Addendum upon reasonable notice to User.

User and TicketSocket acknowledge and agree that each Party is responsible for its compliance with applicable Data Protection Laws.

User represents and warrants that User is in compliance with the relevant provisions of applicable Data Protection Laws (including those relating to the User’s use of Patron Personal Data in connection with the Services), including but not limited to the laws applicable due to jurisdiction and/or location of User, Processor and/or the Patron: i) requiring that User as Controller provide all required notices, and obtain all required opt-in consents from each individual with respect to such individual’s Personal Data (unless the forgoing notices and consent obligations are a contracted duty or software function of TicketSocket), and ii) pertaining to any processing instructions that User gives to TicketSocket.

User represents and warrants that: i) its agreements with Patrons (including but not limited to User’s Privacy Notice, Terms of Service and Ticketing Transactions and any cancellation policies (collectively the “ToS”) are compliant with all Applicable Laws (including but not limited to the Data Protection Laws and consumer protection laws), and ii) User’s Privacy Notice (posted on User’s website) accurately reflects User’s usage of Patron Personal Data, provides all required notices under the Data Protection Laws, and includes provisions stating that Patron Personal Data may be aggregated, anonymized and used by User and TicketSocket for business purposes, as well as for the purposes described in Section 12.4 and 12.5.

User also warrants and represents that its contracts for services which are facilitated by the use of the System and/or Software do not include TicketSocket as a party, and that TicketSocket shall have no obligations or liabilities in relation to such contracts or User’s access to or use of data generated through use of the System by User or its Patrons.

User is and shall remain solely responsible for ensuring that any documents it uses meet its commercial and other requirements, for the compliance of such documents with all Applicable Laws, including without limitation the Data Protection Laws, for compliance with consumer protection laws, for ensuring that such documents and all information that User presents to its customers and Patrons are presented in the appropriate language(s), and otherwise as may be required pursuant to any Applicable Laws.

Only during such time and to the extent necessary to fulfill the below purposes, User agrees that TicketSocket may store and/or Process Patron Personal Data through the System under any Ticketing Transaction in order to provide, maintain, protect, improve or redevelop the System, and/or to protect TicketSocket, User, and Patrons. TicketSocket shall Process, store and protect such Patron Personal Data in compliance with TicketSocket’s published security and privacy policies, and Applicable Laws (including but not limited to Data Protection Laws). TicketSocket will not use any Patron Personal Data to directly or indirectly solicit or contact any Patron (either individually or in the aggregate) unless such contact is necessary to resolve issues or disputes regarding Ticketing Transactions on behalf of the User, or unless otherwise expressly authorized by User or the relevant Patron. TicketSocket will not sell, disclose, modify, transfer or rent any Patron Personal Data to any third party except as directed by User.

“De-Identified Data” shall mean any Patron Personal Data from which personal identification characteristics have been removed (which means it cannot be defined as Personal Data under Data Protection Laws), that may then be combined with other data for non-personal trends analysis. TicketSocket may Process Patron Personal Data to generate De-Identified Data. User hereby grants TicketSocket a limited, perpetual, irrevocable, nonexclusive, royalty-free, sublicensable and transferable license to copy, modify, distribute, sell, make available and otherwise use De-Identified Data for TicketSocket’s business purposes, including without limitation, improvements of the System. Upon written notice, User may require TicketSocket to: (i) verify that the data are de-identified (in compliance with CCPA and GDPR, if applicable) prior to the foregoing license becoming effective; and (ii) confirm in writing to User that the de-identification process does not allow Patrons to be re-identified.

TicketSocket will use industry standard systems and procedures to ensure the security and privacy of Patron data; protect against anticipated threats or hazards to the security or integrity of Patron Data in the System; and to protect against unauthorized access to or use of Patron Personal Data. TicketSocket does not store any credit card or similar information within the System.

TicketSocket will provide User with an account ID and password that allows User to add, modify, or update Event and other User data on the System. User agrees to be solely responsible for the confidentiality of User’s ID and password. To the extent of User’s knowledge, User agrees to notify TicketSocket immediately of any unauthorized use of User’s password, ID, or any other breach of security discovered by User.

Where the Business is subject to the CCPA, the Parties hereby agree to adhere to the additional terms of the CCPA Addendum.

Ticketing Confirmation. User agrees to accept, honor, and fulfill all ticketing commitments and other Ticketing Transactions that have been confirmed by the System. The System may provide a unique Patron number and Ticketing Transaction confirmation number by which User may identify each Patron and/or Ticketing Transaction. Notwithstanding the foregoing, User is solely responsible for verifying each Patron number, name, address, membership status, and/or confirmation number at or prior to any Event. User will provide TicketSocket with advance notice and language of any confirmation requirements or restrictions that User may request that TicketSocket should implement within the System, Ticketing Transactions or confirmations.

System Availability. User understands and agrees that the System may, at times, be inaccessible or inoperable for any reason, including, but not limited to: (i) equipment or communications malfunctions; (ii) periodic maintenance, repairs, or administrative reviews that TicketSocket may undertake from time-to-time; or (iii) causes beyond TicketSocket’s control and/or that are not reasonably foreseeable by TicketSocket.

Technical Support. TicketSocket will provide an e-mail form to User by which User can obtain technical assistance in dealing with any difficulties which may arise in connection with User’s use of the System. Except as set forth in the SLA, TicketSocket will attempt to provide such support in a timely manner, but makes no guarantees that it will respond to User’s inquiries within a particular time period.

General.

Governing Law; Exclusive Jurisdiction. This Agreement, and all the rights and duties of the Parties arising from or relating in any way to the subject matter of this Agreement or the transaction(s) contemplated by it, shall be governed by, construed and enforced in accordance with the law of the State of California in the United States (excluding any conflict of laws provisions of the State of California that would refer to and apply the substantive laws of another jurisdiction). To the degree that any litigation should arise not covered by the AAA arbitration contemplated in the subsequent paragraph, any suit or proceeding relating to this Agreement shall be brought in the state or federal courts of California. Each of the Parties consents to the exclusive personal jurisdiction and venue of the courts located in Los Angeles, California and waives any right to object on the basis of inconvenient forum.

Dispute Resolution. The Parties agree to attempt in good faith to resolve any controversy, claim, or dispute of any nature whatever arising out of, or relating to, this Agreement, or the breach, termination, enforceability, or validity of this Agreement (a “Dispute”) promptly by negotiation between executives or managers who have authority to settle the Dispute. If the foregoing informal resolution does not resolve the Dispute within thirty (30) days, the Parties hereto agree to submit the dispute to binding arbitration in accordance with the Commercial Arbitration Rules of the American Arbitration Association (“AAA”) then in effect. Any such arbitration shall proceed in accordance with the laws of the State of California, but the venue of any such arbitration shall be held in New York City, New York, in the English language. Within ten (10) calendar days after the arbitration demand is served upon a Party, the Parties must jointly select an arbitrator with at least ten (10) years’ experience in that capacity, which must include substantial experience with disputes involving software and related services. If the Parties do not agree on an arbitrator within ten (10) calendar days, a Party may petition the AAA in order to appoint an arbitrator. The decision of the arbitrator shall be final and binding and no Party shall have rights of appeal. Each Party shall bear its own costs and fees in connection with the arbitration, however, the arbitrator shall have the power to order one Party to contribute to the reasonable costs and expenses of the other Party, or to pay all or any portion of the costs of the arbitration. This provision shall not limit either Party’s right to petition for interim judicial relief, such as an injunction, specific performance or similar relief.

Independent Contractors. The Parties and their respective personnel are and shall be independent contractors and neither Party by virtue of this Agreement shall have any right, power or authority to act or create any obligation, express or implied, on behalf of the other Party.

Notices. All notices, requests, consents, approvals, or authorizations in connection with this Agreement must be given in writing, and will be deemed given as of (i) the day they are delivered on paper by an internationally recognized express delivery service, (ii) the day they are delivered by fax transmission or e-mail, if the Parties regularly communicate with one another by such means and the sending Party receives reasonable assurances that the communication has been received by the other Party. Any notice given in connection with this Agreement shall be delivered to the addresses set forth in the preamble to this Agreement (for TicketSocket) or in the Registration Form (for the User), or to any other address as such Party may designate in writing. Either Party may change the address above by giving notice to the other Party pursuant to this Section.

Force Majeure. Each Party shall be excused from performing any of its obligations hereunder, in whole or in part, as a result of delays caused by the other Party or a third party or by an act of God, war, riot, civil commotion, explosion, fire, failure of communications infrastructure, government action, court order, epidemic or other circumstance beyond its reasonable control. If any of the above-enumerated circumstances prevent, hinder or delay performance of either Party’s obligations hereunder for more than thirty (30) calendar days following written notice of the circumstance, the Party not prevented from performing shall have the right to terminate this Agreement without liability or penalty as of the date specified by such Party in a written notice of termination to the other Party.

Binding Nature. Subject to all other provisions herein contained, this Agreement shall be binding on the Parties and their successors and permitted assigns.

Severability. If any provision of this Agreement is found by a court of competent jurisdiction to be invalid or unenforceable, such invalidity or unenforceability shall not invalidate or render unenforceable any other part of this Agreement, but the Agreement shall be construed as not containing the particular provision or provisions held to be invalid or unenforceable.

Waiver. No delay or omission by either Party hereto to exercise any right occurring upon any noncompliance or default by the other Party with respect to any of the terms of this Agreement shall impair any such right or power or be construed to be a waiver thereof. A waiver by either of the Parties hereto of any of the covenants, conditions or agreements to be performed by the other shall not be construed to be a waiver of any succeeding breach thereof or of any covenant, condition or agreement herein contained.

No Construction Against Drafter. The Parties agree that any principle of construction or rule of law that provides that an agreement shall be construed against the drafter of the agreement in the event of any inconsistency or ambiguity in such agreement shall not apply to the terms and conditions of this Agreement.

Entire Agreement; Modification. This Agreement sets forth the entire, final and exclusive agreement between the Parties as to the subject matter hereof and supersedes all prior and contemporaneous agreements, understandings, negotiations and discussions, whether oral or written, between the Parties. This Agreement may be modified only pursuant to a writing executed by authorized representatives of the Parties or other method made pursuant to this Agreement (including any modification that may be evidenced though an electronic acceptance process). The Parties expressly disclaim the right to claim the enforceability or effectiveness of: (a) any oral modifications to this Agreement; and (b) any other amendments that are based on course of dealing, waiver, reliance, estoppel or other similar legal theory. The Parties expressly disclaim the right to enforce any rule of law that is contrary to the terms of this Section.

No Third Party Beneficiaries. Nothing in this Agreement shall create any rights in any third party beneficiaries, and neither Party has any obligation to any third party by virtue of this Agreement.

Non-Solicitation. During the Term and for a period of twenty four (24) months after any termination or expiration of this Agreement, or for any shorter period which may be mandated by Applicable Law, User shall not directly or indirectly, engage in any business activity (whether as an employee, proprietor, officer, director, agent, trustee, or partner) that knowingly: (a) interferes with a third party’s existing or planned business with TicketSocket, or (b) interferes with, disrupts or attempts to disrupt any employment or contractual relationship between TicketSocket and a third party to the extent that User is aware of such relationship with TicketSocket. The Parties acknowledge that any breach of these provisions will cause immediate, irreparable and continuing damage to TicketSocket for which there is no adequate remedy at law. In the event of any breach or violation or threatened breach or violation of this non-solicitation provision, TicketSocket shall be entitled to temporary, preliminary and/or permanent injunctive relief and such other legal and equitable remedies as may be provided by applicable law, without the necessity of posting any bond or other security.

Non-Competition. Without prejudice to TicketSocket’s Intellectual Property rights that are preserved in full for the duration of such rights, for a period of sixty (60) months after any termination or expiration of this Agreement, User shall not make any attempt to duplicate or emulate the functionality of the System or any of its data, programs, processes (including sequencing of such), services, tools, technologies, systems, trademarks or other Intellectual Property in an effort to compete directly or indirectly with TicketSocket or in an effort to aid any third party in competing directly or indirectly with TicketSocket.

Headings. The paragraph headings of this Agreement are for convenience and shall be given no legal significance.

Counterparts. This Agreement may be executed through electronic means and/or in one (1) or more duplicate originals, all of which together shall be deemed one and the same instrument.

Survival. Sections 1, 3, 5, 6.4, 7, 8, 9, 10, 11, 12, and 16 shall survive any termination or expiration of this Agreement.

SCHEDULE A

TicketSocket, Inc. User Agreement Registration Form

By signing this form, the undersigned acknowledges having read and hereby agrees to the terms and conditions of the User Agreement set forth above, including all provisions, conditions and documents referred to in the User Agreement. User specifically acknowledges that it is responsible for providing a privacy policy and terms and conditions for Patrons. The User Agreement will be effective on the date accepted by TicketSocket, Inc. after execution by the User.

Company Name:	___
User's Contact Name:	___ ___
User's Contact Email Address:	___
User's Contact Cellphone:	___
Company Website:	___
Terms of Agreement:	36 Months

	Dollar Amount Costs	% Costs
TicketSocket Platform Service Fees for Paid Tickets or Registrations	$1.50 minimum per paid	3.50% per Ticketing Transaction

PRIVACY AND COOKIES POLICY

Effective Date: 15 December 2021

Welcome to TicketSocket, Inc. of 2901 W. Coast HWY Unit 305 Newport Beach, California 92663 (hereinafter “TicketSocket,” “we” or “us”) website at https://www.ticketsocket.com (including all content under the “ticketsocket.com” domain name, and referred to herein as the “Website“). This notice (“Privacy Policy“) supplements and is included as a part of our Website Terms of Service. By accepting the Website Terms of Service, you also agree to this Privacy Policy.

This Privacy Policy explains our online information collection and use practices, and the choices you can make about the way we use such information. Please take the time to read and understand this Privacy Policy so that you can appreciate how we use your Personal Data (as defined below). AS WE UPDATE THE WEBSITE OR EXPAND OUR SERVICES, WE MAY CHANGE THIS PRIVACY POLICY UPON NOTICE TO YOU, HOWEVER, PLEASE REVIEW IT FROM TIME TO TIME.

This Privacy Policy is subject to the provisions of applicable data protection and privacy laws.

For EEA / UK residents:

If you are resident in the European Economic Area (“EEA”) / United Kingdom (“UK”), we will comply with the EU and UK General Data Protection Regulations (“GDPR”, as applicable) and/or other applicable data protection and privacy laws in the EEA or UK. For the purposes of the GDPR on the Website, TicketSocket is a data “Controller” and you are a “Data Subject” with certain protected privacy rights concerning your “Personal Data.”

If you purchase any tickets from third parties, such as an Event Host (as defined below) using the TicketSocket platform, TicketSocket will be a data “Processor” and the Event Host will be the data “Controller”. We do not control these third-party websites and are not responsible for their privacy statements. When you purchase a ticket, we encourage you to read the privacy policy of the relevant Event Host.

“Personal Data” in this Privacy Policy means any information relating to you as a natural person that can be directly or indirectly related to you. Personal Data includes name, email address, ID number, location, household information, online ID, and factors specific to your physical, physiological, genetic, mental, economic, cultural or social identity. Your Personal Data may identify you as a person, and thus is often referred to as Personally Identifiable Information (“PII”) or Personal Information (“PI”). Both PII and PI are included in the term “Personal Data” as used in this Privacy Policy.

1. Who Collects Your Information On Our Website?

We do. We collect information from you on the Website, and we are responsible for protection of your information

We have appointed a Data Protection Officer (“DPO”) to manage our privacy obligations. If you have any questions about this Privacy Policy, including any requests to exercise your legal rights, please contact our Data Protection Officer by emailing privacy@ticketsocket.com.

2. What Information Does TicketSocket Collect?

A. Requested Information. On various pages on the Website, we may request specific Personal Data about you in order to register you for an account to use our Services, add you to our email list, facilitate payments for and delivery of our Services, or fulfill your requests for information. You may choose not to provide your Personal Data, but then you might not be able to take advantage of some of the features of our Website and Services. We do not collect any Special Category Data (this includes details about your race or ethnicity, religious or philosophical beliefs, sex life, sexual orientation, political opinions, trade union membership, information about your health, and genetic and biometric data) as defined in the GDPR. Nor do we collect any information about criminal convictions and offenses.

The types of Personal Data we collect and save include:

Contact and account registration information such as name, email address, physical address, date of birth, and phone number;

Financial and transactional information such as bank or credit card information, details about payments to and from you and details of products and Services you have purchased or otherwise obtained from us;

Information that you provide in using our Services, such as information about your customers, their addresses, financial information, and similar content you process through the Services;

Marketing and Communications Data including your email address, your preferences in receiving marketing from us and our third parties and your communication preferences;

Information you provide such as feedback, comments or other messages; and

Technical and usage information collected in our logs. Such information may include standard web log entries that contain your IP address, page URL, browser plug-in types and versions, device information and identifier, operating system information, and timestamp

B. Aggregate Information. We may also collect anonymous, non-identifying and aggregate information such as the type of browser you are using, device type, the operating system you are using, and the domain name of your Internet service provider. Aggregated data may be derived from your Personal Data, but is not itself Personal Data and it cannot be used, either on its own or together with other data, to directly or indirectly reveal your identity.

3. Why Is My Personal Data Being Collected?

We need to collect your Personal Data so that we can respond to your requests for information / demonstrations or to be added to our emailing lists, and to process your requests for access to accounts and payment for our Services. We also collect aggregate information to help us better design the Website. We collect log information for monitoring purposes to help us to diagnose problems with our servers, administer the Website, calculate usage levels, and otherwise provide services to you. Further details on why your Personal Data are being collected and our legal basis for doing so under GDPR (for EEA/UK residents) are provided in Section 15, below.

4. How Do We Use the Information We Collect?

A. We use the Personal Data you provide for the purposes for which you have submitted it including:

Responding To Your Inquiries, Feedback and Fulfilling Your Requests. We may use your Personal Data to respond to your inquiries and feedback, and to fulfill your requests for information.

Creating and Maintaining Your User Account. We use your Personal Data to create and maintain an account for you to allow you to purchase and use the Services we make available on the Website.

Subscribing To and Paying For Our Services. We use your Personal Data to add your subscriptions to our Services, and process your payment for these Services.

Purchasing Tickets or Admission to an Event or Venue. We may process your payment details as part of our Services so that you can purchase a ticket directly from an Event Host.

Participating in Special Promotions.

Communicating With You About Our Services. We may use your Personal Data to send you marketing information about new Services and other items that may be of interest to you.

Sending Administrative Emails. We may use your Personal Data to send you emails to: (a) confirm your account and your other Personal Data, (b) process your transactions to purchase our Services, (c) provide you with information regarding the Website, or (d) inform you of changes to this Privacy Policy, our Terms of Service, or our other policies.

B. We may use anonymous aggregated information that we collect to improve the design and content of our Website, and to enable us to personalize your Internet experience. We also may use this anonymous aggregated information to analyze how our Website is used, analyze industry trends, as well as to enable us to offer new programs or services.

5. What Are Your Choices Regarding Our Marketing Materials?

We strive to provide you with choices regarding certain Personal Data uses, particularly around marketing and advertising. When required under law (including the GDPR),_we will obtain your consent to send you marketing and advertising materials. In general, we will provide a button, checkbox or other means where you affirmatively opt-in to receive marketing emails or other communications from us. You can change your preferences or ask us to stop sending you marketing messages and/or remove your email from our mailing lists by contacting us at privacy@ticketsocket.com or by following the instructions within the marketing messages that you have received.

6. Do We Share Your Personal Data?

A. In general, we will not share your Personal Data except:

(a) for the purposes for which you provided it;

(b) with your consent;

(c) as may be required by law, for example with our professional advisors, lawyers, insurers, regulators and other authorities, or as we think necessary to protect our organization or others from injury (e.g., in response to a court order or subpoena, in response to a law enforcement agency request, or when we believe that someone is causing, or is about to cause, injury to or interference with the rights or property of another);

(d) on a confidential basis with persons or organizations with whom we contract, such as our suppliers, to carry out internal site operations or as necessary to render the Services;

(e) with our business partners only in compliance with relevant data protection laws; or

(f) for marketing purposes with your consent with our affiliates including without limitation Ice Cream Social, LLC (http://icecreamsocial.io/).

We may also share aggregate anonymous information with others, including affiliated and non-affiliated organizations.

Finally, we may transfer your Personal Data to our successor-in-interest in the event of an acquisition, sale, merger or bankruptcy. If a change happens to our business, then the new owners may use your Personal Data in the same way as set out in this Privacy Policy.

B. If you obtain event tickets through our Services you will generally do so where we operate “behind the scenes” for the organization from whom you purchased the ticket, such as an entertainment organization, sports organization or venue (each, an “Event Host“). If you wish to purchase tickets to an event and also remain anonymous, you must purchase your tickets in person, directly through the Event Host’s box office or other process the Event Host may make available. Event Hosts are not subject to the provisions of this Privacy Policy and will have their own privacy policy to describe how they handle your Personal Data. When you purchase tickets to an event, you should read and become familiar with the privacy policies of the Event Host. We have no control over the use of your Personal Data by any Event Host, and you agree that we are not liable for any use of your Personal Data by an Event Host. If you have special preferences concerning use of your Personal Data by an Event Host, you must communicate those preferences directly to that Event Host.

7. What Categories of Personal Data Do We Share?

We share only the categories of Personal Data required for us to carry out our internal operations or as necessary to render our Services that you have requested. These categories include your contact and registration information, financial and transaction information, information you process through our Services, and your technical and usage information. As discussed above, the categories of third parties with whom we may share such Personal Data include our service providers, suppliers, business partners, affiliates and professional advisors, as well as law enforcement.

8. Are There Other Ways My Personal Data Could Be Shared?

You may elect to share certain Personal Data with individuals or with the public via your use of the Website. In this case, you will control such sharing. For example, the Website features links on the Website may make it possible for you to publicly share information via social media such as Facebook, Instagram or Twitter. Be aware that when you choose to share any information online with anyone, including friends, public officials, or the public at large, you may be disclosing sensitive information, or information from which sensitive information can be inferred. Always use caution when sharing information through the Website. You understand and agree that TicketSocket is not responsible for any consequences of your sharing of information through and beyond the Website. We do not control Facebook, Instagram or Twitter or any other third-party websites and are not responsible for their privacy policies. When you leave our Website, we encourage you to read the privacy policy of every website you visit.

9. How Can You Access and Control Your Information?

After registering for an account on the Website, you may log-in to the account and edit your Personal Data in your profile. For instructions on how you can further access your Personal Data that we have collected, or how to correct errors or inaccuracies in such information, please send an e-mail to privacy@ticketsocket.com. We will also promptly stop using your Personal Data and remove it from our servers and database at any time upon your e-mail request. To protect your privacy and security, we will take reasonable steps to help verify your identity before granting access, making corrections or removing your information.

10. How Do We Store and Protect Your Information?

A. After receiving your Personal Data, we will store it on our Website systems for future use. We have physical, electronic, and managerial procedures in place to safeguard and help prevent unauthorized access, maintain data security, and reasonably use the information we collect. Unfortunately, no data transmission over the Internet or data storage solution can ever be completely secure. As a result, although we take industry-standard steps to protect your information (e.g., strong encryption), we cannot ensure or warrant the security of any information you transmit to or receive from us or that we store on our or our service providers’ systems.

B. If you are visiting the Website from outside of the USA, you understand that your connection will be through and to servers located in the USA, and the information you provide will be transferred outside your local location (e.g., the EEA/UK), and will be securely stored in our web servers and internal systems located within the USA.

C. For EEA/UK citizens: Whenever we transfer your Personal Data outside of the EEA or UK, we ensure a degree of protection is afforded to it that is similar to that of the EEA or UK by ensuring at least one of the following safeguards is implemented:

We will only transfer your Personal Data to countries that have been deemed to provide an adequate level of protection for Personal Data under EEA or UK laws.

Where we use certain service providers, we may use specific contracts approved under EEA or UK laws which give Personal Data the same protection it has in EEA or UK.

D. We will only retain your Personal Data for as long as is reasonably necessary to fulfill the purposes for which we collected it, including for the purposes of satisfying any legal, regulatory, tax, accounting or reporting requirements. We may retain your Personal Data for a longer period in the event of a complaint or if we reasonably believe there is a prospect of litigation in respect to our relationship with you.

11. Cookie Policy: How Do We Use Cookies And Other Network Technologies?

A. To enhance your online experience with us, our Website may presently or in the future use “cookies.” Cookies are text files that our web server may place on your hard disk to store your preferences. We may use session, persistent, first-party and third-party cookies. Cookies, by themselves, do not tell us your e-mail address or other Personal Data unless you choose to provide this information to us. Once you choose to provide Personal Data, however, this information may be linked to the data stored in a cookie. We have summarized the types of cookies in Section 11.D, below.

B. We or our service providers may also use “pixel tags,” “web beacons,” “clear GIFs” embedded links, and other commonly used information-gathering tools in connection with some pages on our Website and HTML-formatted email messages for such purposes as compiling aggregate statistics about Website usage and response rates. A pixel tag is an electronic image (often a single pixel), that is ordinarily not visible to website visitors, and may be associated with cookies on visitors’ hard drives. Pixel tags allow us and our service providers to count users who have visited certain pages of our Website, to deliver customized services, and to help determine the effectiveness of our Website and Services. When used in HTML-formatted email messages, pixel tags can inform the sender of the email whether and when the email has been opened. Please note that we do not use or set these types of technologies on the websites of Event Hosts. When you purchase a ticket from an Event Host, please read the privacy and cookies information provided by the Event Host to understand how they use these types of technologies.

D. The types of cookies that we may use on our Website include the following:

Strictly necessary cookies. These are cookies that are required for the operation of our Website. They include, for example, cookies that enable you to log into secure areas of our Website, use a shopping cart or make use of e-billing services.

Analytical/performance cookies. These cookies allow us to recognise and count the number of visitors and to see how visitors move around our Website when they are using it. This helps us to improve the way our Website works, for example, by assisting users in easily finding what they are looking for.

Functionality cookies. These cookies are used to recognise you when you return to our Website. This enables us to personalise our content for you, greet you by name and remember your preferences (for example, your choice of language or region).

Targeting cookies. These cookies record your visit to our Website, the pages you have visited and the links you have followed. We may use this information to make our Website and the advertising displayed on it more relevant to your interests. We may also share this information with third parties for this purpose.

E. Our Use of Cookies. We do not use or set cookies on the websites of Event Hosts. When you purchase a ticket from an Event Host, please read the privacy and cookies information provided by the Event Host to understand how they use cookies. You can find more information about the individual cookies we use on our Website and the purposes for which we use them in the table below:Cookie

Name	Purpose
__adroll __adroll_fpc __adroll_shared	These cookies are used to identify visitors across visits and devices. They are used by AdRoll.com to allow us to engage in real-time bidding for our advertisements so that we can present relevant advertising on third party sites.
__ar_v4	This cookie is associated with the DoubleClick advertising service from Google, and helps tracking conversion rates for ads.
_fbp	This cookie is used by Facebook to connect us to their advertisement products such as real time bidding for our advertisements so that we can present relevant advertising on Facebook.com.
cli_user_preference	The cookie is used to store the yes/no selection the consent given for cookie usage. It does not store any personal data.
viewed_cookie_policy	The viewed_cookie_policy cookie is set to “yes” when the Cookie law info bar has been viewed and accepted. The cookie is used to store whether or not you have consented to the use of cookies. It does not store any personal data.

https://www.pipedrive.com/en/privacy

https://support.pipedrive.com/hc/en-us/articles/360000335129-Pipedrive-and-GDPR

(b) We use the AutoPilotHQ Marketing Automation Software tool to automate our marketing and CRM activities. Please view the AutoPilotHQ Privacy Policy and GDPR description at the following URLs:

https://www.autopilothq.com/legal/privacy-policy

https://www.autopilothq.com/blog/what-is-gdpr/

Please note that we do not use or set third party tools on the websites of Event Hosts. When you purchase a ticket from an Event Host, please read the privacy and cookies information provided by the Event Host to understand how they use these types of technologies.

G. How To Manage Cookies

You may manage, disable and remove cookies from your computer using the following methods:

(1) Modify your browser settings:

Please follow the instructions provided by your browser to manage, disable or remove cookies.

Please be careful in making your choices. By blocking the receipt of all cookies indiscriminately, including the technical ones, without providing a specific exception for the Website, you may no longer able to surf the Website or to benefit, in whole or in part, from its functionalities. Furthermore, removing the technical cookies could remove the preferences set up by using the Website so that you could no longer find products or services you expect to see.

(2) Use our interactive banner:

In order to disable first party profiling cookies and/or identifiers (i.e., those cookies that we directly install), you can simply edit your preferences using the interactive banner that is displayed on our Website homepage. Your choice to disable the use of these cookies will not have any consequences on your ability to surf the Website or use its functionalities. You may reinstate cookie functionality at any time.

By clicking “Accept” on the cookie consent box on our interactive banner when you first access our Website, you accept our use of cookies.

In order to disable the third parties cookies or identifiers, please see the privacy policies of those third parties.

12. Collection of Information by Others

Our Website may include links that take you to certain third party websites. Please check the privacy policies of these other websites to learn how they collect, use, store and share information that you may submit to them or that they collect.

13. Children and Young People’s Information

We do not knowingly collect any information from any minors, and we comply with all applicable privacy laws including the GDPR, CCPA, USA Children’s Online Privacy Protection Act (“COPPA”) and associated Federal Trade Commission (“FTC”) rules for collecting Personal Data from minors. Please see the FTC’s website (www.ftc.gov) for more information. If you have concerns about this Website or its Services, wish to find out if your child has accessed our Services, or wish to remove your child’s Personal Data from our servers, please contact us at privacy@ticketsocket.com. Our Website will not knowingly accept Personal Data from anyone under 13 years old without consent of a parent or guardian. In the event that we discover that a child under the age of 13 has provided Personal Data to us, we will make efforts to delete the child’s information in accordance with the COPPA. If you believe that your child under 13 has gained access to our Website without your permission, please contact us at privacy@ticketsocket.com.

14. California Privacy Rights

The California Consumer Privacy Act (“CCPA”) enhances privacy rights and consumer protection for residents of California. Under the CCPA, California residents have the rights to: 1) know what Personal Data are being collected about them in the preceding twelve (12) months; 2) know if their Personal Data are sold or disclosed in the preceding twelve (12) months, and to whom; 3) say ‘no’ to the sale of their Personal Data; 4) access and request deletion of their Personal Data; and 5) receive equal service and price from businesses, even after exercising the foregoing privacy rights. California law allows California residents to request information regarding our disclosures in the preceding twelve (12) months, if any, of their Personal Data to third parties. Further, in accordance with the CCPA we provide a specific ‘Do Not Sell My Personal Information’ link on our Website where you may specifically opt out of any sale of your Personal Data by us. To request access or deletion of your Personal Data, please contact us at privacy@ticketsocket.com with “Request for Privacy Information” in the subject line. Please include enough detail for us to locate your file to include your name, email address, and username, if any. After verifying your identity, we will provide you with the requested information within forty-five (45) days of receipt. We reserve our right not to respond to requests submitted to an address other than the one posted in this notice. Please note that the CCPA law does not cover all information sharing. Our disclosure only includes information covered by the law.

15. For EEA/UK Residents

A. Your Legal Rights

If you are an EEA/UK resident, under the data protection laws that apply to you, you may contact us at privacy@ticketsocket.com to exercise your rights to:

Request access to your Personal Data (commonly known as a “data subject access request”). This enables you to receive a copy of the Personal Data we hold about you and to check that we are lawfully processing it.

Request corrections of the Personal Data that we hold about you. This enables you to have any incomplete or inaccurate data we hold about you corrected, though we may need to verify the accuracy of any new data you provide to us.

Request erasure of your Personal Data. This enables you to ask us to delete or remove Personal Data where there is no good reason for us to continue to process it. You also have the right to ask us to delete or remove your Personal Data where you have successfully exercised your right to object to processing (see below), where we may have processed your information unlawfully or where we are required to erase your Personal Data to comply with local law. Note, however, that we may not always be able to comply with your request of erasure for specific legal reasons of which we will notify you, if applicable, at the time of your request.

Object to processing of your Personal Data where we are relying on a legitimate interest (or those of a third party), and you object to this processing as you feel it impacts your fundamental rights and freedoms. You may also object to our processing your Personal Data for direct marketing purposes. In some cases, we may deny your objection if we can demonstrate that we have compelling legitimate grounds to process your information which override your rights and freedoms.

Request restriction of processing of your Personal Data. You may request us to suspend the processing your Personal Data in the following scenarios:

· If you want us to establish the data’s accuracy.

· Where our use of the data is unlawful but you do not want us to erase it.

· Where you need us to hold the data even if we no longer require it as you need it to establish, exercise or defend legal claims.

· You have objected to our use of your data but we need to verify whether we have overriding legitimate grounds to use it.

Request the transfer of your Personal Data to you or to a third party. Upon request, we will provide to you, or a third party you have chosen, your Personal Data in a structured, commonly used, machine-readable format. Note that this right only applies to automated information that you initially consented for us to use, or that we used in performing our obligations under a contract with you.

Withdraw consent at any time where we are relying on consent to process your Personal Data. This withdrawal will not, however, affect the lawfulness of any processing carried out before you withdraw your consent. If you withdraw your consent, we may not be able to provide certain products or services to you. We will advise you if this is the case at the time you withdraw your consent.

Make a complaint to a regulator. You have the right to make a complaint at any time to your local supervisory authority with regard to data protection issues. We would, however, appreciate the chance to deal with your concerns before you approach any supervisory authority, so please contact us in the first instance.

B. Purposes / Legal Basis For Which We Will Use Your Personal Data

For EEA/UK residents, data protection laws require us to explain to you our legal basis for using your Personal Data. Most commonly, we will use your Personal Data under the following legal bases:

● Where it is necessary for our legitimate interests (or those of a third party) and your interests and fundamental rights do not override those interests;

● Where we need to perform our obligations under a contract we are about to enter into, or have entered into with you; and

● Where we need to comply with a legal obligation.

Generally, we do not rely on consent as a legal basis for processing your Personal Data although we will get your consent before sending direct marketing communications to you via email if we are contacting you using details other than your corporate email address. You have the right to withdraw consent to marketing at any time by contacting us.

Purpose/Activity	Type of Personal Data	Lawful basis for processing
To process your payment to purchase tickets from an Event Host	Credit/debit card details	Performance of a contract between you and Event Host
To register you as a new customer and to create and maintain your account	Name, email address, address, username, password, date of birth, and phone number	Performance of a contract between you and Event Host
To process and deliver your order for our Services including: (a) Manage payments, fees and charges; and (b) Collect and recover money owed to us	Name, email address, address, date of birth, phone number, credit/debit card details and transaction history.	Performance of a contract between you and Event Host Necessary for our legitimate interests (to recover debts due to us)
To manage our relationship with you which will include: (a) Notifying you about changes to our terms or Privacy Policy (b) Asking you to provide feedback	Name, username, email address and transaction history.	Necessary to comply with a legal obligation Necessary for our legitimate interests (to keep our records updated and to study how customers use our products/services)
To deal with any enquiries, correspondence, concerns or complaints you have raised	Name, username, email address, and information about the issue raised	Legitimate interests – to allow us to respond and deal with any queries, correspondence, concerns or complaints raised by you
To administer and protect our business and the Website (including troubleshooting, data analysis, testing, system maintenance, support, reporting and hosting of data)	Name, username, email address, standard web log entries that contain your IP address, page URL, browser plug-in types and versions, device information and identifier, operating system information, and timestamp	Necessary for our legitimate interests (for running our business, provision of administration and IT services, network security, to prevent fraud and in the context of a business reorganisation or group restructuring exercise) Necessary to comply with a legal obligation
To deliver relevant website content and advertisements to you and measure or understand the effectiveness of the advertising we serve to you	Name, username, email address, standard web log entries that contain your IP address, page URL, browser plug-in types and versions, device information and identifier, operating system information, and timestamp	Consent, when required Necessary for our legitimate interests in providing our website and promoting our business
To use data analytics to improve our Website, products/Services, marketing, customer relationships and experiences	Name, username, email address, standard web log entries that contain your IP address, page URL, browser plug-in types and versions, device information and identifier, operating system information, and timestamp	Necessary for our legitimate interests (to define types of customers for our products and Services, to keep our Website updated and relevant, to develop our business and to inform our marketing strategy)
To make suggestions and recommendations to you about products or Services that may be of interest to you	Your name and email address	Consent, when required Necessary for our legitimate interests in providing our website and promoting our business

Because our business needs may change over time, we reserve the right to modify this Privacy Policy. If at any time in the future we plan to use your Personal Data in a way that differs from this Privacy Policy, we will revise this Privacy Policy as appropriate. In the event of a change to our Privacy Policy, we will email the updated policy to the email address that you provided to us. Your continued use of the Website following our notice of changes to this Privacy Policy means you accept such changes

17. Our Contact Information

If you have any questions or concerns about this Privacy Policy, please contact our Data Protection Officer via e-mail at privacy@ticketsocket.com.

Copyright © TicketSocket, Inc. All rights reserved. The Website is the property of TicketSocket, Inc. and is protected by United States and international copyright, trademark, and other applicable laws. This includes the content, appearance, and design of the Website, as well as the trademarks, product names, graphics, logos, service names, slogans, colors, and designs.