Privacy Policy

Updated as of November 9, 2021

Index

A.         Who we are:

B.     Our values and what this Privacy Policy is for:

C.     Who this Privacy Policy applies to:

D. Detail about the processing of Personal Data

1.           Who we are

2.           Children

3.           The Personal Data we collect about you

3.1        Information that you share with us

3.2        Information from your online interactions

3.3        Third parties or publicly available sources

4.           How we process your Personal Data

4.1        Necessary for us to fulfil our contract with you

4.2        Our legitimate interests

4.3        When you have provided consent to us

4.4        For legal reasons

4.5        Anonymous data

4.6        Experience discovery

4.7 Marketing

Third-party marketing

Opting out

4.8        Third-party advertising companies

5.           How we share your Personal Data and who we share it with

6.           International transfers

7.           Cookie and similar technologies

8.           Security

9.           Data Retention

10.        Personal data from third data subjects

11.        Your rights

12.        Third party sites

13.        Changes to this Privacy Policy

14.        Complaints, questions and suggestions

15.        No sale statement

E. California Privacy Act of 2018 (CCPA)

Your Personal Information

Third Parties

Your Rights

F. Privacy Act 1988 (Cth) and the Australian Privacy Principles (APPs)

Your Personal Information

Third Parties:

Your Rights

G. Singapore Personal Data Protection Act (PDPA)

Your Personal Data:

Third Parties:

Your Rights

H. New Zealand Privacy Act 2020

Your Personal Information

Third Parties:

Your Rights

I. Canada Personal Information Protection and Electronic Documents Act (PIPEDA)

Your Personal Information

Third Parties:

Your Rights

Annex

Some of data protection authorities in EEA countries

A.         Who we are:

We are FEVER LABS, INC. ("Fever"), domiciled in the United States of America, with TIN:99-0368536, registered at 379 West Broadway, 4th floor, suite 408, New York 10012, and we operate the Website www.feverup.com and all of the webpages, subdomains, country level domain variants and subparts of those Websites (collectively, our "Websites") as well as our free applications (the "Apps", and jointly with the Websites, the “Platform”)). Fever is a experience discovery services platform that drives users to consume experiential entertainment by providing curated events based on its proprietary analytics of consumer data, and drive traffic and provide an avenue for spontaneous discovery for event organizers (the "Services").

Our legal representative when dealing with the processing of the Personal Data carried out in Platform is Kzemos Technologies, S.L., with VAT number B-65590945, domiciled at Calle Santa Catalina 4, 28014, Madrid, España.

Our Services are available for users located in Australia, Austria, Brazil, Canada, Denmark, France, Germany, Italy, Ireland, Mexico, New Zealand, The Netherlands, Singapore, Spain, Sweden, United Kingdom, and the United States.

If you have any questions or need any help in relation to our Privacy Policy, please contact our Data Protection Officer at DPO@feverup.com.

B.     Our values and what this Privacy Policy is for:

We value your privacy and want to be accountable and fair to you as well as transparent with you in the way that we collect and process your Personal Data. Our overall aim is to ensure that our collection and use of Personal Data is appropriate to the provision of the Services to you, and is in accordance with applicable data protection laws. We also want you to know your rights in relation to your information which you can find here, in section 11 .

In line with these values, this Privacy Policy tells you what to expect when we collect and use Personal Data about you. We have tried to make it easy for you to navigate so you can find the information that is most relevant to you and our relationship with you.

C.     Who this Privacy Policy applies to:

This Privacy Policy applies to users of the Fever Platform resident in Australia, Austria, Brazil, Canada, Denmark, France, Germany, Italy, Ireland, Mexico, New Zealand, The Netherlands, Singapore, Spain, Sweden, United Kingdom, and the United States.

 

D. Detail about the processing of Personal Data

1. Who we are

2. Children

3. The Personal Data we collect about you

4.  How we store and process your Personal Data

5.  How we share your Personal Data and who we share it with

6. International transfers

7. Cookies

8. Security

9.   Data Retention

10.  Personal data from third data subjects

11. Your rights

12. Third party sites

13.  Changes to this Privacy Policy

14. Complaints, questions and suggestions

15.  No sale statement

1.           Who we are

We are FEVER LABS, INC. ("Fever"), domiciled in the United States of America, with TIN:99-0368536, registered at 379 West Broadway, 4th floor, suite 408, New York 10012, and we are the data controller of the Personal Data that we collect from you, except in those cases explicitly pointed out in this Privacy Policy.

In case you are a resident in the European Union, please bear in mind that our legal representative when dealing with the processing of the Personal Data carried out in the Websites and the Apps is Kzemos Technologies, S.L., with VAT number B-65590945, domiciled at Calle Santa Catalina 4, 28014, Madrid, España.

You can contact us in relation to this Privacy Policy by e-mail to our Data Protection Officer at DPO@feverup.com.

2.           Children

We do not and will not knowingly collect information from any unsupervised child under the age of 13. If you are under the age of 13, you may not use the Services unless your parent/s or guardian has provided us with their consent for your use of the Services.

3.           The Personal Data we collect about you

For all users we collect Personal Data when you voluntarily provide such information to the Services, including but not limited to, when you register for access to the Services, purchase a ticket without registering through our Websites and/or Apps, contact us with inquiries, respond to one of our surveys or browse or use certain parts of the Services. The Personal Data we may collect includes without limitation your name, address, email address and other information that enables users to be personally identified. Fever may also ask, for those cases where a user decides to create its own event, information regarding business name, VAT number, or business address, among others, that may also constitute Personal Data.

Fever also automatically collects certain technical data that is sent to us from the computer, mobile device and/or browser through which you access the Services. Such 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.

3.1        Information that you share with us

When you make an account and log in to access and browse the Services, we collect the following information from you:

In particular, as an event organizer we will collect additional Personal Data from you: we may collect Personal Data (e.g. your credit card number and expiration date, billing address, principals/beneficial owners of the entity you represent (if any), Tax Identification Numbers, date of birth, passport or driver’s license number, copies of government identification documents and other Personal Data etc.), to secure certain payments and to verify the existence of the organizer. In addition, if you use our payment processing services, we will 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).

3.2        Information from your online interactions

We collect the following information from your interaction with the Services:

3.3        Third parties or publicly available sources

We may receive Personal Data about you from various third parties as set out below:

For further information about how each of these parties collect and process your data, please see the 'Third-Party advertising companies  section below;

4.           How we process your Personal Data

We process your Personal Data for the following reasons:

Where we need to collect Personal Data by law, or under the terms of a contract we have with you and you fail to provide that data when requested, we may not be able to perform the contract we have or are trying to enter into with you (in this case, to provide you with the Services). In this case, we may have to cancel the Services but we will notify you if this is the case at the time.

4.1        Necessary for us to fulfil our contract with you

We collect, store and process your Personal Data including your name, e-mail address, payment details, and information about how you use and access the Services because it is necessary in order to provide the Services requested by you pursuant to the contract made between you and us when you agreed to our Terms of Use. This includes:

If you have entered into a competition on the Services, then, pursuant to the competition terms and conditions provided to you at the time of entry, we will process your contact details (such as e-mail address or postal address) to administer your entry and inform you if you have won a prize.

4.2        Our legitimate interests

Sometimes, our use of your Personal Data is for purposes which are ancillary to the provision of the Services. In those circumstances, we believe we have a legitimate interest in handling your Personal Data, and believe that the benefits of this storage and use of your Personal Data will outweigh any potential impact on you and not unduly prejudice your rights or freedoms. The relevant circumstances are:

4.3        When you have provided consent to us

Where you have given us your consent for other specific data processing actions, we will use your data for such actions.

If we rely on your consent for us to process your Personal Data in a particular way, but you later change your mind, you may withdraw your consent by contacting our Data Protection Officer at DPO@feverup.com and we will stop doing so.

4.4        For legal reasons

We will process your Personal Data in order to comply with our legal obligations. These obligations include:

4.5        Anonymous data

We collect anonymised details about visitors to our website for the purposes of aggregate statistics or reporting purposes. However, no single individual will be identifiable from the anonymised details we collect for these purposes.

4.6        Experience discovery

We may process your name, contact details, and the data on the Services used by you to suggest which experiences available in the Platform may be relevant for you.

You will receive marketing communications from us if you have requested information from us or purchased a ticket in our Websites or if you provided us with your details when you entered a competition or registered for a promotion and, in each case, you have not opted out from receiving that marketing.

Fever will also send mobile integrated push notifications, in accordance with your marketing preferences, for advertising and marketing the Services, themselves or events on the Services. Such push notifications may also include information on upcoming events that the user may have signed up to, advising of the upcoming start time, venue, or any changes that may concern such event. These notifications can be turned off through the mobile device notification settings or by using the means set out in the section Opting Out.

If you connect your Facebook account or sign up for other social media integrations whose product features include social notifications (i.e., updates on what your friends are doing on the Services), you will receive these social notifications. You can manage these social notifications by toggling your social settings to private or disconnecting such integration.

4.7 Marketing

Third-party marketing

We will get your express opt-in consent before we share your Personal Data with any company outside our group of companies for marketing purposes.

Specifically, we may share your Personal Data (limited to name, surname and e-mail address) to Sponsor to a Fever-organized Experience  sponsor would be perfectly identified in the Experience you will decide to join and/or to participate. In those cases, either we or the sponsor may gather your consent after the Experience for any processing of Personal Data, in addition to the sending of marketing communications by electronic means around its products and/or services. Please read carefully any clause and/or privacy notices provided by the sponsor before granting additional Personal Data and/or your consent.

Opting out

We want to provide you with choices regarding certain Personal Data uses, particularly around marketing and advertising (including the sending of marketing messages). You can change your choices at any time by logging into the Websites or the Apps and checking or unchecking relevant boxes to adjust your marketing preferences. For such purpose, we have established a preferences centre where you can view and make certain decisions about your Personal Data use and where Personal Data control mechanisms are available by following the opt-out links on any marketing message sent to you or by contacting us at any time or by emailing our Data Protection Officer at DPO@feverup.com.

Where you opt out of receiving these marketing messages, this will not apply to Personal Data provided to us as a result of the Services. Therefore, you will continue to receive essential messages about the functionality and/or administration of our Services (for example, as mentioned above, where we need to send you a password reminder, to notify you about Services updates or amendments to legal terms).

4.8        Third-party advertising companies

We want to make sure that our advertising and marketing is relevant and interesting to you and our other users. To achieve this, we use third-party advertising and technology companies to act as data processors and serve ads and/or provide aggregated data to assist in serving ads when you visit or use our Services. This includes third party technology companies which collect data about you in order to build a profile of your preferences based on your activities when you visit or use our Services. We also use these companies to automatically collect data from you when you use our Services in order to help us identify the ads that are served to you and what you do after seeing those ads. In addition, we also share data with providers of web analytics tools, such as Google Analytics, to which we use to analyse your use of the Services.

These third party advertising companies collect, store and use data by integrating cookies and other tracking software on our Services. Please see our Cookie Policy section for further information

In some cases these third parties will also use the data that they collect for their own purposes, for example they may: aggregate your data with other data they hold and use this to inform advertising related services provided to other clients; and work with other advertising companies and share your Personal Data with such companies as part of the process.

Please see our Cookie Policy section for more information on the third party advertising companies which collect, use and store data about you, and the use of cookies and other tracking technologies on our Services. From our Cookie Policy you can also find out how to exercise control over this collection and use of data. If you choose to restrict or prevent tracking for these purposes then the advertising you see when you visit or use our Services will no longer be tailored to your preferences.

We might also share your data with social media or other similar platforms, so that you and other people can see relevant content on that platform. For example, we may use the Facebook Custom Audiences service and share your email address in a protected format with Facebook so that we can: include you in a custom audience that we will serve relevant advertising content to on Facebook; or create an audience of other Facebook users based on the information in your Facebook profile. You can opt-out from by emailing DPO@feverup.com or through your Preferences & Legal section in your App account.

5.           How we share your Personal Data and who we share it with

We share information under the following circumstances:

These companies are authorised to process your Personal Data only as necessary to provide these Services to us.

6.           International transfers

As a general rule, if you are a user resident in the EU, please note that Fever will store your Personal Data in the EU.

However, in some limited circumstances, we may transfer Personal Data that we collect from you to third party data processors located in countries that are outside of the European Economic Area ("EEA") (including to the United States). Please be aware that countries which are outside the EEA may not offer the same level of data protection as the EEA, although our collection, storage and use of your Personal Data will continue to be governed by this privacy policy.

When transferring Personal Data outside the EEA, we will:

You can find out further information about the rules on data transfers outside the EEA, including the mechanisms that we rely upon, on the European Commission website here

Please also note that when you are purchasing tickets or enrolling into an event, such event may be organized by another user or entity located outside the EEA. By enrolling you in such event or purchasing the relevant tickets you expressly consent to the transfer of your Personal Data to the organizer for the purpose of managing your participation in the relevant event.

Please also note that you are entitled to request a copy of the standard contractual clauses to Fever, by contacting the DPO at DPO@feverup.com.

7.           Cookie and similar technologies

Technologies such as cookies, beacons, tags and scripts are used by us and our partners, affiliates, or analytics or service providers. These technologies are used in analysing trends, administering the Services, tracking users’ movements around the Services and to gather demographic information about our user base as a whole. We receive reports based on the use of these technologies by these companies on an individual as well as aggregated basis.

We use cookies, for example, to remember users’ settings (e.g. language preference) and for authentication. Users can control the use of cookies at the individual browser level. If you reject cookies, you may still use our Services, but your ability to use some features or areas of our Services may be limited.

8.           Security

Whilst we take appropriate technical and organisational measures to safeguard the Personal Data that you provide to us, no transmission over the Internet can ever be guaranteed secure. Consequently, please note that we cannot guarantee the security of any Personal Data that you transfer over the Internet to us.

We are committed to protecting your Personal Data using appropriate technical and operational measures such as access controls that restrict and manage the ways in which your Personal Data is stored and handled.

9.           Data Retention

It may take up to forty-eight (48) hours for us to process a request to delete your Personal Data. Even after a Deletion request we may retain some of your  Personal Data in accordance with this Privacy Policy and applicable laws in order to comply with our information retention obligations and  for as long as we need to use it for the reasons set out in the Privacy Policy and will delete it after that time except where we need to keep any Personal Data to comply with our legal obligations, resolve disputes, or enforce our agreements.

We may delete your Personal Data (including any account that you set up to use on the Services) if you do not use the Services in two years.

In some circumstances, we may anonymise your Personal Data (so that it can no longer be associated with you) for research or statistical purposes in which case we may use this information indefinitely without further notice to you.

10.        Personal data from third data subjects

In case you provide us with Personal Data of friends and family for purchasing tickets, you guarantee that you informed them about the processing of Personal Data by Fever exclusively for the issuance of tickets and for providing them to the organizers, when necessary, in the terms set out in this Privacy Policy.

11.        Your rights

You have certain rights in relation to your Personal Data. If you would like further information in relation to these or would like to exercise any of them, please contact our Data Protection Officer at DPO@feverup.com at any time. You have the right to request that we:

We will consider all such requests and provide our response within a reasonable period (and in any event within any time period required by applicable law). Please note, however, that certain Personal Data may be exempt from such requests in certain circumstances.

If an exception applies, we will tell you this when responding to your request.  We may request you provide us with information necessary to confirm your identity before responding to any request you make.

If we delete any Personal Data which we are holding about you, this deletion may only relate to the Services and not any other service provided by us in other jurisdictions. You should make requests for each account that you may have set up to access the Services or any other service provided by us.

12.        Third party sites

The Services contain links and pages to other websites operated by third parties. Please note that this Privacy Policy applies only to the Personal Data that we collect through the Services and we cannot be responsible for Personal Data that third parties may collect, store and use through their website. You should always read the Privacy Policy of each website you visit carefully.

13.        Changes to this Privacy Policy

This Privacy Policy was last updated on May 24, 2018.

Please check back regularly to keep informed of updates to this Privacy Policy. Where we make significant changes to this Privacy Policy, and we have your e-mail address, we will send you notification of the changes.

14.        Complaints, questions and suggestions

We have a Data Protection Officer that can assist with all queries regarding our processing of Personal Data. Our Data Protection Officer can be contacted by e-mailing DPO@feverup.com.

In the EEA, you may also make a complaint to our supervisory body for data protection matters or seek a remedy through local courts if you believe your rights have been breached.

You have the right to lodge a complaint with local data protection authorities in the EEA if you believe we have not complied with applicable data protection laws. The local authority differs depending on the country. Please see the Annex for your local data protection authority.

15.        No sale statement

We are not in the business of selling your Personal Data. We consider this information to be a vital part of our relationship with you. Therefore, we will not sell your Personal Data to third parties, including third party advertisers. There are, however, certain circumstances in which we may disclose, transfer or share your Personal Data with certain third parties without further notice to you, as set forth above.

 

E. California Privacy Act of 2018 (CCPA)

Your Personal Information

Fever shall collect personal information in the categories listed at section 3 of this Privacy Policy. Fever shall use, and share personal information in the manners outlined in section 4 and 5 of this Privacy Policy, for the period of time stated in section 9 of this Privacy Policy.

Third Parties

Fever will not sell your personal information to any third party. However, Fever may share your personal information in accordance with sections 4 and 5 of this Privacy Policy, which outline the categories of third parties involved, and the purpose of collecting and sharing this information.

Requests regarding the sharing of information with third parties may be submitted by emailing us at DPO@feverup.com. You may also edit your preferences through the settings available in the “Preference and Legal”  section of your Fever account and the “Cookies Management” link on our website.

Your Rights

Fever shall not discriminate against any customer that may choose to exercise their rights in accordance with the CCPA. You may exercise your rights to know, correct, and to delete personal information stored by Fever, by contacting us at DPO@feverup.com.

F. Privacy Act 1988 (Cth) and the Australian Privacy Principles (APPs)

Your Personal Information

Fever shall collect, use and share personal information in accordance with sections 3, 4 and 5 of this Privacy Policy, for the purposes that are outlined in the same.

The consequences, if any, of failure to provide certain personal information are outlined in section 4 of this Privacy Policy..

Third Parties:

Fever will not sell your personal information to any third party. However, Fever may share your personal information in accordance with sections 4 and 5 of this Privacy Policy, which outline the categories of third parties involved and the purpose of collecting and sharing this information.

Requests regarding the sharing of personal information with third parties, including requests not to receive direct marketing material, may be submitted by emailing us at DPO@feverup.com. You may also edit your privacy preferences through the settings available in the “Preference and Legal”  section of your Fever account and the “Cookies Management” link on our website.

Your Rights

You may exercise your right to access and to ensure the integrity and correction of personal information held by Fever, or otherwise make a complaint about a breach of the APPs, by contacting us at DPO@feverup.com.

Complaints will be reviewed by our Data Protection Officer and a response will be issued within a maximum of 30 days following receipt.

G. Singapore Personal Data Protection Act (PDPA)

Your Personal Data:

This Privacy Policy notifies users of Fever’s obligations under the PDPA. Information on the collection, use and disclosure of personal data can be found in sections  3, 4 and 5, for the purposes that are outlined in the same. Personal data shall be stored for the period of time stated in section 9 of this Privacy Policy

Third Parties:

Fever will not sell your personal data to any third party. However, Fever may share your personal data in accordance with sections 4 and 5 of this Privacy Policy.

Requests regarding the sharing of personal data with third parties  may be submitted by emailing us at DPO@feverup.com. You may also edit your personal data preferences through the settings available in the “Preference and Legal”  section of your Fever account and the “Cookies Management” link on our website.

Your Rights

In all cases, Fever shall take reasonable steps to ensure the accuracy of your personal data. You may exercise your rights under the PDPA, including your right to request further information on our policies, your right to withdraw consent for the collection and use of your personal data, and your right to access and correct personal data, by emailing our Data Protection Officer at DPO@feverup.com.

H. New Zealand Privacy Act 2020

Your Personal Information

Fever shall collect, use and share personal information in accordance with sections 3, 4 and 5 of this Privacy Policy, for the purposes that are outlined in the same.

The consequences, if any, of failure to provide or withdrawal of consent for the collection of certain personal information are outlined in section 4 of this Privacy Policy.

Third Parties:

Fever will not sell your personal information to any third party. However, Fever may share your personal information in accordance with Sections 4 and 5 of this Privacy Policy, which outline the categories of third parties involved and the purpose of collecting and sharing this information.

Requests regarding the sharing of personal information with third parties may be submitted by emailing us at DPO@feverup.com. You may also edit your privacy preferences through the settings available in the “Preference and Legal”  section of your Fever account and the “Cookies Management” link on our website.

Your Rights

In all cases, Fever shall take reasonable steps to ensure the accuracy of your personal data. You may exercise your right to access and to ensure the integrity and correction of personal information held by Fever, or otherwise make a complaint or query regarding the handling of your personal information by contacting us at DPO@feverup.com.

I. Canada Personal Information Protection and Electronic Documents Act (PIPEDA)

Your Personal Information

Fever shall collect, use and share categories of personal information in accordance with Sections 3, 4 and 5 of this Privacy Policy, for the purposes that are outlined in the same.

Third Parties:

Fever will not sell your personal information to any third party. However, Fever may share your personal information in accordance with Sections 4 and 5 of this Privacy Policy, which outline the categories of third parties involved and the purpose of collecting and sharing this information.

Requests regarding the sharing of personal information with third parties, including requests not to receive direct marketing material, may be submitted by emailing us at DPO@feverup.com. You may also edit your preferences through the settings available in the “Preference and Legal”  section of your Fever account and the “Cookies Management” link on our website.

Your Rights

In all cases, Fever shall take reasonable steps to ensure the accuracy of your personal information. You may exercise your right to access, delete or correct personal information held by Fever, or otherwise make a complaint or query regarding the handling of your personal information by contacting our Data Protection Officer (Privacy Officer) at DPO@feverup.com.

Annex

Some data protection authorities in EEA countries

You have the right to lodge a complaint with local data protection authorities in the EEA if you believe we have not complied with applicable data protection laws.

The local authority differs depending on the country. Please see below for details of local data protection authorities in some of the EEA countries in which we operate.

Country

Data protection authority

France

Commission Nationale de l'Informatique et des Libertés - CNIL

3 Place de Fontenoy - TSA 80715

75334 PARIS CEDEX 07

Tel. +33 1 53 73 22 22

Fax +33 1 53 73 22 00

Website: http://www.cnil.fr/

Spain

Agencia de Protección de Datos

C/Jorge Juan, 6

28001 Madrid

Tel. +34 91 266 35 17

Contact by e-mail: internacional@agpd.es Also: https://sedeagpd.gob.es/sede-electronica-web/

Website: https://www.agpd.es/

UK

The Information Commissioner’s Office

Wycliffe House, Water Lane, Wilmslow, Cheshire SK9 5AF

Tel. +44 1625 545 745

e-mail: international.team@ico.org.uk

Website: https://ico.org.uk

Portugal

Comissão Nacional de Protecção de Dados

Rua de São Bento n.º 148-3º 1200-821 Lisboa

Tel +351 213928400

e-mail: geral@cnpd.pt

Website: https://www.cnpd.pt/