PRIVACY NOTICE

1. GENERAL

1.1 This privacy Notice (the Privacy Notice) applies to the processing of personal data by Elca Informatics SA registered seat at Avenue Frédéric-César-de-La-Harpe 22-24, 1007 Lausanne, Switzerland (ELCA) in connection with the mobile application TIXnGO (TIXnGO).

1.2 This Privacy Notice is an integral part of the end user license agreement (the EULA). Capitalized terms which are not defined herein shall have the same meaning as in the EULA. In case the provisions of this Privacy Notice conflict with the provisions of the EULA, the provisions of this Privacy Notice shall prevail.

1.3 By accepting this Privacy Notice, you expressly agree and consent that ELCA processes your personal data in accordance with this Privacy Notice.

1.4 ELCA reserves the right to amend the Privacy Notice at any time at its sole discretion in order to adapt it to any new commercial or technological practice or change in the law. Should this occur ELCA will inform you through TIXnGO. If you do not accept the amendments thus made by ELCA, your sole remedy is to no longer access and/or use TIXnGO.

2. INTRODUCTION

2.1 ELCA recognizes the importance of your privacy and of transparency in its processing of your personal data.

2.2 The Privacy Notice explains (i) which personal data are collected when you access and use TIXnGO, (ii) the manner and the purposes for which ELCA processes the personal data, and (iii) the measures which ELCA takes in order to protect such personal data.

3. DATA COLLECTION

3.1 ELCA collects the personal data which you provide.

3.2 ELCA collects, directly or indirectly via its partners, notably event organizers and/or payment service providers, the personal data you provide with ELCA and/or its partners through your use of TIXnGO, for example, when you create a TIXnGO Account, log-in to TIXnGO, or acquire and purchase tickets within TIXnGO.

3.3 Such information includes your first/last name, user name, encrypted password, payment and billing details, geographical data such as postal address (including zip code, area code and location), phone number, email address, date of birth, nationality, tickets purchases details, IP address, and any other information which ELCA and/or its partners may request from you.

3.4 Certain personal data are also collected in an automated manner.

3.5 ELCA may also automatically collect personal data when you access and use TIXnGO, including by way of technologies such as GPS (Global Positioning System) information or Wi-Fi network information, by means of tools and other active elements contained in or through third-party plugins/applications, and other analytics tools, or other user identifications on your devices, the data contained in your device, the data contained in third party services, your preferences, or other information related to your access and use of TIXnGO. You can define certain authorizations and settings related to the automated collection of your personal data.

3.6 You may define certain authorizations related to data collection, in particular in connection with your device’s right to access data contained in your device, according to the available functionalities. For more detailed information, please consult the chapter on analytics tools below. You may also withdraw your consent to the processing of certain personal data by amending your privacy settings within TIXnGO.

4. PROCESSING METHODS AND SECURITY MEASURES

4.1 ELCA may process your personal data by automated means and takes appropriate security measures in this respect.

4.2 ELCA takes the appropriate technical and organizational security measures to prevent the unauthorized access, disclosure, modification, alteration or destruction of your personal data. Data processing is carried out with computers or computer tools, and in compliance with the purposes indicated in this Privacy Notice.

4.3 In particular, ELCA uses the Blockchain (see the Blockchain glossary in Section 9 below) technology to secure the Tickets Transactions. An encrypted reference of your data is written in a Blockchain for purposes of data protection and security, to digitalize and track your Ticket Transaction, diminish tickets fraud, and enhance data security, in order to allow you to receive, retrieve and display your tickets through TIXnGO. Only anonymized data are written in the Blockchain

5. PURPOSES OF DATA PROCESSING

5.1 ELCA processes your personal data to provide you TIXnGO and other services related thereto.

5.2 Your personal data are collected so that ELCA may provide you access and use of TIXnGO, and other services related thereto, for purposes of completion of a Ticket Transaction and/or private and non-commercial use, or in the manner expressly indicated when the personal data concerned are collected. For example, ELCA collects your tickets purchase details within TIXnGO to allow the organizer to provide you news and updates to similar events and/or tickets offers.

5.3 ELCA may process your personal data for targeted marketing and advertising purposes.

5.4 ELCA may use your personal data, in particular the abovementioned indications and data collected in accordance with this Privacy Notice, for targeted marketing and advertising purposes, namely to provide you with targeted marketing and advertising tailored to your preferences. You may withdraw your consent at any time.

5.5 ELCA processes your personal data for statistical and planning purposes.

5.6 Notably without limitation, ELCA processes your personal data to improve TIXnGO and for internal analyses and statistics. You may withdraw your consent at any time.

6. COMMUNICATION TO THIRD PARTIES

6.1 ELCA may disclose your personal data to third parties in case this is necessary for providing you TIXnGO or as listed below.

6.2 ELCA may communicate your personal data to third parties as part of operating TIXnGO. In particular, the event organizer and/or its payment services providers namely without limitation.

6.3 ELCA may also enable you to use third-party services directly from TIXnGO, namely through social plug-ins, in which case you recognize that the third-party operators of these services may access some of your personal data in connection with TIXnGO.

6.4 ELCA may disclose your personal data to subcontractors such as IT systems providers, cloud service providers, database providers and consultants and ELCA takes reasonable cyber security measures.

6.5 ELCA may disclose your personal data to any third party to whom ELCA assigns or transfers any of ELCA’s rights or obligations.

6.6 ELCA may disclose your personal data to competent courts or supervisory or regulatory bodies, when ELCA shall compellingly disclose your personal data, pursuant to any applicable law, regulation or order.

6.7 In the above contexts under Sections 6.1, 6.2 and 6.3, TIXnGO may contain links to other websites/applications. Please note that this Privacy Notice does not apply to the practices of any company or individual that ELCA does not control, nor to any other website/application that may be linked from TIXnGO. You should carefully review the privacy policies of any other website/application that you visit from TIXnGO to learn more about their information and privacy practices. In such contexts, the collection and use of your personal data shall be governed by such other party or website/application privacy notice. ELCA shall not be held responsible for their privacy practices.

6.8 ELCA may transfer some of your personal data, in particular the IP address and/or other user identifications for your devices, to the third-party suppliers of these solutions, who will process this data in accordance with their own internal data protection and privacy policies.

7. INTERNATIONAL TRANSFER

7.1 Your personal data may be disclosed to countries that do not guarantee the same level of data protection and privacy as Switzerland and the European Union.

7.2 ELCA may store and handle your personal data abroad, i.e. your personal data may be disclosed and transferred to other states, provinces, countries or other governmental jurisdictions, always in compliance with this Privacy Notice, that do not necessarily guarantee the same level of personal data protection as Switzerland and the European Union or an adequate level. If you transfer your personal data to ELCA, you specifically consent to such disclosure and international transfer.

8. ANALYTICS TOOLS

8.1 ELCA uses analytics tools in connection with TIXnGO.

8.2 ELCA uses analytics solutions which automatically processes data directly on your devices and/or transfers data personal concerning you to ELCA.

9. BLOCKCHAIN GLOSSARY

9.1 ELCA uses the Blockchain technology to secure the Ticket Transactions and provides you hereby with the technical explanations related thereto.

9.2 Blockchain is a type of Distributed Ledger, comprised of digitally recorded data in packages called blocks which are linked together in chronological order in a manner that makes the data very difficult to alter once recorded, without the alteration of all subsequent blocks and a majority of the network colluding together.

9.3 Consensus Algorithm is an algorithm and consensus mechanism which ensures convergence towards a single, immutable version of the Distributed Ledger. It allows actors on the network to agree on the content recorded on the Blockchain, taking into consideration the fact that some actors can be faulty or malicious. this can be achieved by various means depending on the specific needs.

9.4 Distributed Ledger is a replicated, shared, and synchronised digital data structure maintained by Consensus Algorithm and spread across multiple sites, countries, and/or institutions.

9.5 Encrypted, Encryption, to Encrypt, is the method by which plaintext or any other type of data is converted from a readable form to an encoded version that can only be decoded by another entity/person if they have access to a decryption key.

9.6 Node is a computer running specific software which allows that computer to process and communicate pieces of information to other Nodes. In Blockchains, each Node stores a copy of the Distributed Ledger and information is relayed from peer Node to peer Node until transmitted to all Nodes in the network.

9.7 Participating Nodes store synchronized copies of the data on the network. Depending on the specific technology, not all nodes may necessarily store all data. if users are connected to a Participating Node, they can add new data to the Distributed Ledger, but this data needs to be sent to the Participating Node first, and then submitted to a Validating Node.

9.8 Permissioned Network is a network where the access is restricted and not all parties are free to add information to the Blockchain. In this way, trusted intermediaries are reintroduced into the system, which impacts the allocation of control over it.

9.9 Private Key is a randomly generated string of numbers and letters mathematically related to a Wallet, i.e. here your TIXnGO Account, which allows the user to access and use the data and information contained in his/her Wallet.

9.10 Private Network is a closed network where the Blockchain information and data are generally accessible or only accessible to parties that are members of a closed group. This means that Validating Nodes and Participating Nodes must be preapproved by a governance of actors. Also, in some cases, there are rules in place that define who is able to see what data.

9.11 Public Key is an Encrypted version of the randomly generated string of numbers and letters mathematically related to a Wallet (like its address on a network), i.e. here your TIXnGO Account.

9.12 Validating Nodes are specific Nodes in a network that are responsible for constituting digitally recorded data in packages and broadcasting this data on the network. In order to create a valid new block of data the Validating Nodes have to follow the exact rules specified by the Consensus Algorithm. Validating Nodes are allowed to add data to the Distributed Ledger, according to the Consensus Mechanism.

9.13 Wallet is a digital wallet which allows the user to access, use and manage the information and data contained within it.

10. YOUR RIGHTS

10.1 You have the right to access your personal data processed by ELCA and may request without limitation that they be removed, updated, or rectified. You also have the right to request the deletion of your mobile account within the app.

10.2 Except as otherwise required by law, you are entitled at all times to know if ELCA is processing personal data concerning you. You may contact ELCA to know the content of such personal data, verify their accuracy and request that they be supplemented, removed, updated, or rectified. You also have the right to ask ELCA to cease processing any personal data that may have been obtained in breach of applicable law, and to object to the processing of your personal data for any other legitimate reason.

10.3 Where ELCA relies on your consent to process your personal data, ELCA will seek your freely given and specific consent by providing you with informed and unambiguous indications relating to your personal data. You may revoke at any time such consent.

11. RETENTION PERIODS

11.1 We will retain your personal information for as long as required to perform the purposes for which the data was collected depending on the legal basis for which that data was obtained and/or whether additional legal/regulatory obligations mandate that we retain your personal information during the term that is required and/or permissible under applicable/relevant law.

12. CONTACT

12.1 If you have any questions or a request in relation to the processing of your personal data by ELCA, or you would like to exercise your rights mentioned in Section 10 above, please contact us through https://www.tixngo.io/ or send you request in writing to ELCA Informatics SA, with registered seat at Avenue Frédéric-César-de-La-Harpe 22-24, 1007 Lausanne, Switzerland. ELCA will aim to respond to you within 30 days from receipt of request. ELCA will need to verify your identity before we are able to disclose any personal data to you.