Terms & Conditions
Terms & Conditions
Please read these Terms & Conditions (or “Terms”) carefully. By accessing or using Hamro Events, you accept to be bound by the Terms.
1. About These Terms
1.1 Definitions
· “Services” refers to Hamro Events's services and features made available online (via Hamro Events websites), offline (e.g. support), and through mobile applications.
· “Content” refers to any material such as data, text, design elements, sounds, video, etc. that is made available by Hamro Events.
· “User Content” refers to any material contributed or posted by Users while using the Services.
· "Organiser" refers to event organisers or promoters using the Services to create and promote their events.
· “Consumer” refers to anyone using the Services to consume information, purchase tickets, attend Events, etc.
· “Users” or “you” refers to Organisers, Consumers and third parties using the Services.
· "Hamro Events," "we," "us," or "our," refers to Hamro Events website(s), apps, physical locations, employees, other representatives, etc.
· “Terms” means the terms and conditions of this Agreement.
1.2 Hamro Events Entity
You are hereby contracting with:
Hamro Events
VAT Registration no.
1.3 Other Applicable Terms
If an Organiser uses our Services for events with paid tickets, Hamro Events's Merchant Agreement and Organiser Refund Policy Requirements also apply.
By agreeing to these Terms & Conditions, you also acknowledge that you have read the
Privacy Policy and
Cookie Statement. These documents apply to all Users.
Hamro Events may sometimes provide Users with services not described in these Terms & Conditions. These Terms still apply to such services, unless there’s a separate and signed contract that explicitly states otherwise.
These Terms are a legally binding agreement between you and Hamro Events and outline your rights and responsibilities while using our Services. If you are using the Services on behalf of another person or business, you agree that these Terms also apply to that party.
2. Our Services
2.1 Service Scope
Hamro Events provides the following services:
· Displaying and listing events as submitted by the Organiser
· Accepting and processing online orders for tickets to the event
· Providing Consumers with a confirmation number for their transaction and their ticket
· Assisting Organisers in marketing their events to relevant Consumers
· Assisting Consumers in discovering relevant events to attend
Complete descriptions of specific services can be found on the relevant Hamro Events sites.
2.2 Organiser Responsibility
Hamro Events creates or organises the events listed on the Services. The Organiser is responsible for making sure that the event itself comply with all applicable laws and that any products and services offered on their event page are delivered according to their description.
Hamro Events collects payments made by Consumers via third-party payment service providers and passes such payments to the Organiser (as defined in the
Merchant Agreement).
2.3 Order Processing
Orders will be processed after User’s billing information has been verified. The User will receive an email confirmation of a successfully processed order shortly after the transaction is completed.
If the User does not receive an email confirmation or experiences an error message or service interruption after submitting payment information, it is the User’s responsibility to confirm with Hamro Events whether or not the order has been placed by contacting our customer support at the address provided below or emailing us at info@hamroevents.com.
Users hereby authorise Hamro Events to charge or debit their payment card or other account for the face value of any tickets purchase, as well as any fees or other charges (such as taxes) that may be due in connection with any transactions requested through Hamro Events.
2.4 Ticket Delivery
Hamro Events tickets can represent goods, tokens, services, or traditional tickets. Tickets will always be distributed in electronic format to the email a User enters in connection with the purchase.
Hamro Events will send a receipt to the User’s email immediately after purchase. If a User has not received the tickets one hour after purchase, the User can contact Hamro Events support.
Users must print their tickets and bring them to the event, unless the organiser has stated otherwise. For larger events, the organiser can choose to use Hamro Events’s scanners, which enable mobile tickets as well.
If a User does not inform us of the non-receipt of tickets within a reasonable time (and at least 72 hours before the event), we will have no liability to the User. Physical delivery of tickets, where available and applicable, is subject to the delivery company terms.
3. Consumer Privacy
3.1 Privacy Policy
Information provided to Hamro Events by Users or collected by Hamro Events is governed by our Privacy Policy.
3.2 Organiser Responsibility
As an Organiser, you agree to comply with all applicable laws regarding collection of consumer information, as well as any related policies posted on the Services.
4. Termination of Agreement
4.1 Terms Duration
These Terms remain in effect until they are terminated. When this agreement is terminated by either party, these Terms will generally no longer apply. However, certain provisions will at all times remain applicable to both Users and Hamro Events. (See below)
4.2 Termination by Hamro Events
Hamro Events may at any time terminate a User’s right to use the Services if the User violates these Terms, misuses or abuses the Services, or if permitting the use of the Services would violate any applicable laws or expose Hamro Events to legal liability.
Hamro Events may at any time decide to stop offering the Services, in full or in part. We will use reasonable efforts to give Users notice of such termination. Users agree that Hamro Events is not liable to them or third parties as a result of terminated access to the Services.
4.3 Termination by Users
Unless otherwise stated in a separate agreement a User may terminate access to the Services and applicability of these Terms by deleting his or her account.
Consumers without a registered account may at any point terminate these Terms by stopping to use the Services. As long as Consumers continue to access the Services, these Terms remain in effect.
4.4 Exceptions
Any provisions that by their nature should survive termination of these Terms will do so.
5. Release and Indemnity
Users agree to cover Hamro Events if their use of the Services causes Hamro Events to face legal or other claims or expenses.
5.1 Release
Users hereby agree to release Hamro Events from any damages and losses arising out of a dispute between Users and a third party (including other Users) in connection with events listed on the Services or the Services themselves.
5.2 Indemnity
Users agree to indemnify and hold Hamro Events and its representatives harmless from any and all damages or losses that result from any claim, suit, or other proceeding made by any third party relating to Users’ breach of these Terms, use of the Services in violation of these Terms, or breach of applicable laws and regulations.
6. Disclaimer of Warranty & User Risk
Hamro Events strives to provide the Services as expected by the Users, but certain things cannot be guaranteed.
The Services are provided “as is.” Hamro Events expressly disclaims all warranties of any kind. Hamro Events makes no warranty that the Services will meet a User’s requirements or be uninterrupted, secure, and error-free.
Users agree that Hamro Events has no control over and cannot guarantee the quality, accuracy, safety, or legality of any event or Content provided by Users.
Hamro Events is not responsible for any liability arising from acts or omissions by any third party that Hamro Events requires to provide the Services.
Consumers understand that certain events may carry intrinsic risk, and that participation in those events implies voluntary acceptance of those risks.
The foregoing disclaimers apply to the maximum extent permitted by law.
7. Limitation of Liability
7.1 Limitation of Liability
To the extent permitted by applicable laws, Hamro Events and entities associated with Hamro Events’s provision of Services will not be liable to Users or third parties for any damages.
7.2 Exceptions
Any warranty or right that by law cannot be excluded or limited is not excluded or limited by these Terms. Only those liability limitations which are lawful in your jurisdiction will apply.
8. Services License
8.1 License to Services
Hamro Events grants Users a limited, non-exclusive, non-transferable, revocable right to use our Services in their capacity as Consumer (to discover and attend events)
Consumers’ use of the Services must comply with these Terms and any applicable laws.
8.2 Restrictions
Users agree that they will not copy or create derivatives of the Services, reverse engineer any part of the Services, use the Services for any commercial purposes not explicitly specified, remove or alter any proprietary notices on the Services, or in any way interfere with or disrupt the Services.
8.3 Copyrights & Intellectual Property
Users agree that all Site Content may be protected by copyrights, trademarks, or other intellectual property laws. Hamro Events may own the Site Content or portions of the Site Content may be made available to Hamro Events through arrangements with third parties.
Site Content included in or made available through the Services is the exclusive property of Hamro Events and is protected by copyright laws. Users agree to use the Site Content only for purposes permitted by these Terms and any applicable laws. Any rights not expressly granted herein are reserved.
8.4 Trademarks
The trademarks, service marks and logos of Hamro Events used in connection with the Services are registered and unregistered trademarks or service marks of Hamro Events. Other company, product, and service names used in connection with the Services may be trademarks or service marks owned by third parties.
Users do not have license or right to use any displayed Trademark without prior written consent of Hamro Events.
The Trademarks may not be used to disparage Hamro Events or any third party or in a manner that may damage any goodwill in the Trademarks.
Use of any Trademarks as part of a link to or from any site is prohibited without Hamro Events’s prior written consent.
All goodwill generated from the use of any Hamro Events Trademark will inure to Hamro Events's benefit. A number of issued and pending patents apply to the Services. Site Content may also be protected by copyrights owned by Hamro Events and/or third parties. Users that copy portions of the Services are in violation of these patent rights and copyrights.
9. Organiser Obligations Regarding Permits & Licenses
If you are an Organiser, you represent and warrant to us that:
1. You and your affiliates will obtain, prior to the start of ticket sales, all applicable licenses, permits, and authorisations ("Licensure") with respect to your events.
2. You and your affiliates will comply and ensure that the venues for each of your events will comply with all applicable laws.
3. You will only request that Hamro Events offer tickets to an event after you have obtained any specific Licensures for such event.
4. You hereby agree to release Hamro Events, its representatives, and partner companies from all damages arising out of or in any way connected with your or your affiliates' Licensure or any failure to obtain or maintain any Licensure.
5. Upon reasonable request of Hamro Events, you agree to provide evidence of relevant Licensure and related information prior to offering tickets or registrations for your event
10. Copyright Takedown Notices
If you are a copyright owner or represent a copyright owner and you believe that any content on the Sites infringes your copyrights, you may submit a notice to
info@hamroevents.com.
11. Ban on Commercial Use
The Site Content is not for commercial use by the Users. Users have no right to and agree not to use any Site Content for their own commercial purposes or to use any means to extract data from the Site(s).
12. Fees & Refunds
12.1 Hamro Events Fees
It is free for Users to create an account or access the Services. However, sale of paid tickets or registrations carries a fee. Fees may vary based on individual agreements between Hamro Events and certain Organisers.
Organisers may choose to pass the fees along to Consumers, in which case these will be shown as “Fees” on the applicable event page. Organisers may also choose to instead absorb the fees into the ticket or registration price and pay these fees out of gross ticket proceeds.
Consumers may be charged other fees including taxes, ticket insurance, etc. Therefore, the total fee paid by Consumers may be different from the fees charged by Hamro Events to the applicable Organiser or the standard fees described on the Services to Organisers.
Hamro Events does not control or have information about fees charged by an individual User’s bank or credit card company. Users must check with their bank or credit card company in order to understand all applicable fees, surcharges, and currency conversion rates prior to transacting on Hamro Events.
12.2 Transfer of Tickets
If you wish to transfer tickets to an event you have purchased on Hamro Events, please follow the instructions on the “How do I transfer tickets to a friend?” page.
12.3 Refunds
All ticket transactions are between an Organiser and respective Consumers. Therefore, Consumers must contact the applicable Organiser with any refund requests. You can find help with getting a refund here.
Consumers that receive a refund must discard any previously delivered ticket(s) and not use it to attend the event. Violating this constitutes fraud. Organisers are expected to follow all applicable procedures to verify the validity of tickets. Hamro Events will not be held liable for any costs arising from a failure by Organisers to check validity of tickets or for any costs and damages arising from fraud or purchase of tickets via non-official means.
Before purchasing tickets, it is the Consumer’s responsibility to carefully review all aspects of the event, including event restriction, dates, pricing, and charges. Hamro Events will not issue any refunds for any lost, stolen, destroyed, or damaged tickets, or as under any other circumstances except in the limited cases explicitly described in this Agreement.
Even if a refund is issued by Organiser, Hamro Events’s Fees will be deducted from the refund amount. The User may apply for a refund prior to the event in question provided that tickets for the event remain on sale. Acceptance of refunds is determined by the event's refund policy and it is the customer's responsibility to check this policy with the Organiser prior to purchasing the ticket. Should an event be cancelled, the Organiser of the event will inform the User prior to such cancellation and will refund to the User the ticket price minus the transaction fee and the Hamro Events Fee.
13. Hamro Events User Accounts
Hamro Events requires Users to register for an account in order to access certain features and functionality. Users agree to follow certain rules when creating an account, including the following:
• You agree to follow all applicable laws when creating an account.
• You agree to provide accurate information about yourself or the entity you use the Services on behalf of. You also agree to update this information if it changes.
• If there is a dispute about account ownership between people or entities, Hamro Events will be the sole arbiter of such dispute. Hamro Events's decision will be final and binding on all parties and may include suspension or termination of the account in question.
• If you are using the Services on behalf of a company or other entity, we expect that you have the authority to legally bind that entity and grant all permissions and licenses provided in these Terms.
• Users agree to promptly notify Hamro Events in case of any unauthorised use of their account or any other breach of security. Users are responsible and will be held accountable for any activity occurring under their account.
14. User Content
All Content is the sole responsibility of the person from whom such Content originated. Hamro Events does not control, and is not responsible for user submitted Content and that by using the Website, You may be exposed to Content that is offensive, indecent, inaccurate, misleading, or otherwise objectionable. Furthermore, the Site may contain links to other websites, which are completely independent of Hamro Events. However strict review of the event is undergone before the event gets published by Hamro Events.
We make no representation or warranty as to the accuracy, completeness or authenticity of the information contained in any linked Site. Likewise, Hamro Events makes no representation or warranty as to the accuracy, completeness or authenticity of the information contained in any such Content posted on, transmitted through, and available through the Site.
Users of the Site bear all risks associated with the use and/or reliance upon any Content, and/or the representations made therein, and under no circumstances will Hamro Events be liable in any way for any Content or for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed or otherwise made available via the Site.
And further, as to Content: (i) You understand and agree that Hamro Events may review and dizgree to publish Content that in the sole judgment of Hamro Events violates this Agreement or which might be offensive, illegal, or that might violate the rights, harm, or threaten the safety of others; (ii) Organisers are solely responsible for the Content that they provide us to publish or display; and (iii) as the Content of the organiser gets published to any public area of the Site, You automatically grant, and You represent and warrant that You have the right to grant, to Hamro Events an irrevocable, perpetual, non-exclusive, fully paid, worldwide license to use, copy, perform, display, and distribute such information and content and to prepare derivative works of, or incorporate into other works, such information and content, and to grant and authorise sublicenses of the foregoing.
Hamro Events reserves the right to investigate and take appropriate legal action in its sole discretion against anyone who violates this provision, including without limitation, removing the offending communication from the Site and terminating the membership of such violators. The following is a partial list of the kind of Content that is illegal or prohibited on the Site:
Content that (a) is patently offensive to the online community, such as Content that promotes racism, bigotry, hatred or physical harm of any kind against any group or individual; (b) harasses or advocates harassment of another person; (c) involves the transmission of \"junk mail", "chain letters," or unsolicited mass mailing or "spamming"; (d) promotes information that You know is false, misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous; (e) promotes an illegal or unauthorized copy of another person's copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacturer-installed copyprotect devices, or providing pirated music or links to pirated music files; (f) contains restricted or password only access pages, or hidden pages or images (those not linked to or from another accessible page); (g) displays pornographic or sexually explicit material of any kind; (h) provides material that exploits people under the age of 18 in a sexual or violent manner, or solicits personal information from anyone under 18; (i) provides instructional information about illegal activities such as making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses; (j) solicits passwords or personal identifying information for commercial or unlawful purposes from other users; (k) engages in commercial activities and/or sales without our prior written consent such as contests, sweepstakes, barter, advertising, and pyramid schemes; or (l) post nonlocal or otherwise irrelevant Content, repeatedly post the same or similar Content or otherwise impose an unreasonable or disproportionately large load on our infrastructure. Even though all of this is strictly prohibited, there is a small chance that You might become exposed to such items and You further waive Your right to any damages (from any party) related to such exposure.
Hamro Events may use a User’s name, logo and event picture to identify them as a Hamro Events customer both on the Services and in promotional materials.
Hamro Events may preserve User Content and account information and disclose these if required to do so by law, to comply with legal process, to respond to claims that any User Content violates the rights of third parties, to enforce these Terms, or to protect the rights and safety of Hamro Events, its users, and its representatives.
15. Notices
Hamro Events may send notices to Users via emails registered in Hamro Events’s records. Hamro Events may also provide notices of changes to these Terms or other matters by displaying notices or links to notices on the Services.
16. Ongoing Changes to Terms & Conditions
Hamro Events reserves the right to modify these Terms from time to time. If these changes are considered material, Hamro Events will inform the Users by posting the changes on the Services or sending emails or messages to the Users.
Users are responsible for staying up to date with the posted changes. Continued use of the Services following any changes constitutes acceptance of those changes and the updated Terms.
Hamro Events cannot guarantee availability of certain product features or functionality. Hamro Events reserves the right to modify or discontinue any part of the Services or the entire Service.
17. Assignment
Hamro Events may freely assign these Terms and Hamro Events’s rights and obligations under these Terms to an affiliate or another entity without consent or approval by the Users.
18. Scope of Agreement
These Terms govern the use of Hamro Events Services and constitute the entire agreement between Users and Hamro Events. These Terms supersede any prior agreements or communications other than a written agreement for Services between a User and Hamro Events relating to a specified event(s).
19. Applicable Law and Jurisdiction
This Agreement shall be governed and construed in accordance with Belgian Law and parties hereby submit themselves to the exclusive jurisdiction of the Belgian Courts in respect of any claim (including non-contractual disputes or claims).
20. Linked Accounts & Third-Party Sites
Users acknowledge and agree that Hamro Events does not control and is not responsible for the availability of any external websites or resources that may be linked to by Hamro Events or other Users.
Hamro Events is not responsible or liable for any Content or other materials on such websites / resources or any damages or losses related to them, even where such websites / resources are connected with Hamro Events partners or third-party service providers.
21. Force Majeure
Hamro Events shall not be responsible for any delay in, or failure of, the Service or the internet due to any occurrence commonly known as “force majeure,” including war, riots, embargoes, terrorism, strikes, or other concerted acts of workmen (whether of Hamro Events or others) casualties or accidents, or any other causes, circumstances, or contingencies beyond Hamro Events’s, which prevent or hinder the performance of Hamro Events of any of its obligations hereunder.
22. Other Provisions
Failure by Hamro Events to enforce any part of these Terms does not constitute a waiver of Hamro Events’s right to enforce the Terms at a later point.
Any provision of these Terms that is found to be unenforceable will be limited to the minimum extent necessary. Other provisions of these Terms will remain in full force and effect.
Section titles and numbering in these Terms has no legal effect. Hamro Events may freely assign any of its right and obligations under these Terms. The Terms may be translated into other languages. If there is a conflict between the English version and a translated version, the English version will have precedence.
Data Processing Addendum for Organisers
This Data Processing Addendum ("DPA") applies to Organisers who are subject to the EU General Data Protection Regulation (2016/EC/679) or "GDPR" and require Hamro Events to process Personal Data on their behalf as part of Organiser's use of the Services. Refer to Terms & Conditions for further information.
Definitions
In this DPA references to "you" means the Organiser and references to "we", "us", "our" and "Hamro Events" means Hamro Events.
The terms of this DPA are hereby incorporated into any other applicable service agreement between Organiser and Hamro Events ("Agreement"). With regard to the processing of Personal Data, if there is a conflict between the Agreement and this DPA, the DPA will control.
However, if Organiser and Hamro Events have negotiated separate data processing terms that differ from this DPA but fully meet all requirements of Applicable Data Protection Laws, those negotiated terms will control.
The terms "Data Controller", "Data Processor", "Data Subject", "Processing" and "Personal Data" have the meanings ascribed to them in Applicable Data Protection Laws.
"Data Security Breach" means a breach of security that results in accidental or unlawful destruction, alteration, or unauthorised access or disclosure of any Personal Data.
"Technical and Organisational Security Measures" refers to measures taken by Hamro Events to protect Personal Data against unauthorised Processing and accidental loss or disclosure,
1. Applicability & Scope
1.1 Organiser as Data Controller
For the purposes of Applicable Data Protection Laws, an Organiser using Hamro Events is a Data Controller of the Personal Data associated with an individual using Hamro Events Services to register for or purchase a ticket to attend such Organiser's event ("Consumer"). Organiser agrees to Process such Personal Data in accordance with Organiser's obligations under Applicable Data Protection Laws.
1.2 Hamro Events as Data Processor and Data Controller
Where Hamro Events Processes the Personal Data of Consumers on behalf of Organiser as part of the Services, Hamro Events is a Data Processor in performing such Processing and Organiser is the Data Controller. This includes circumstances where Hamro Events obtains Personal Data as a result of the provision of its core ticketing services, such as processing payments, providing reports and tools to help Organisers gain insights into their sales channels, etc.
In respect of some Processing of Consumers' Personal Data, Hamro Events may act as a Data Controller, such as where Consumers engage with Hamro Events beyond the functions relating to Organiser’s event or where Hamro Events conducts research and analysis to improve its products and features.
To the extent that Hamro Events Processes Personal Data as a Data Processor on behalf of Organiser, Section 2 of this DPA shall apply. When Hamro Events is acting as a Data Controller of Consumers' Personal Data, Hamro Events's Processing shall not be subject to this DPA. Such data is processed by IT systems specified in the “Hamro Events Sub-Processors” list.
1.3 Personal Data Details
Details about the Personal Data to be Processed by Hamro Events and the Processing activities to be performed under the Agreement are as follows:
1. Duration: As set out in the Agreement
2. Nature, purpose and subject matter: To enable Organiser to organise and promote events and manage ticketing using Hamro Events Services
3. Data categories: Name, email address, billing and payment information, information related to events booked and attended, relationship to Organiser, and any other Personal Data that Organiser requests of its Consumers
4. Data subjects: Consumers
2. Data processing clauses
2.1 Whenever Hamro Events Processes Personal Data on behalf of Organiser, Hamro Events shall:
2.1.1 Process Personal Data only on the documented instructions of Organiser, unless required to do otherwise by applicable law. Hamro Events shall inform Organiser of the legal requirement before Processing Personal Data other than in accordance with Organiser's instructions, unless that same law prohibits Hamro Events from doing so on important grounds of public interest. Hamro Events will notify Organiser if in its opinion an instruction is in breach of Applicable Data Protection Laws. Organiser hereby instructs Hamro Events, and Hamro Events hereby agrees, to Process Personal Data as necessary to perform Hamro Events's obligations under the Agreement and for no other purpose.
2.1.2 Have in place Technical and Organisational Security Measures to protect Personal Data.
2.1.3 Notify Organiser in the event of a Data Security Breach without undue delay and provide cooperation and assistance to Organiser to enable Organiser to comply with its obligations as a Data Controller in relation to data breach notification requirements.
2.1.4 Ensure that its personnel are subject to binding obligations of confidentiality with respect to Personal Data.
2.1.5 Impose obligations on its sub-processors that have access to Personal Data that are the same as or equivalent to those set out in this Section 2 and remain fully liable to Organiser for any failure by a sub-processor to fulfil its obligations in relation to the Personal Data.
2.1.6 Provide reasonable assistance to Organiser in responding to rights requests under Applicable Data Protection Laws, complaints, or other communications received from any data protection authority or individual who is the subject of any Personal Data Processed by Hamro Events. In the event that a Consumer submits a Personal Data deletion request to Hamro Events, Organiser hereby instructs and authorises Hamro Events to delete or anonymise the Consumer's Personal Data on Organiser's behalf.
2.1.7 Upon Organiser's written request, make available to Organiser all information reasonably necessary to demonstrate its compliance with the obligations set out in this Section 2, and allow for and cooperate with any audits.
2.1.8 Except for that Personal Data with respect to which Hamro Events acts as a Data Controller, return, delete, or destroy the Personal Data and copies thereof, at Organiser's request (unless applicable law requires the storage of such Personal Data or when the contract is terminated).
2.1.9 Transfer of Personal data to a third country
The Data Controller accepts that Data Processor may transfer personal data to a third country, i.e. a country outside the EU. Data Processor will be required to ensure that such transfer is at all times lawful, including that there is an adequate level of protection of the transferred personal data. Same obligation applies in relation to Data Processor's use of sub-processors in third countries.
2.2 Organiser hereby consents to Hamro Events's use of sub-processors listed on Hamro Events's website to Process Personal Data on its behalf.
2.3 Organiser hereby consents to Hamro Events appointing additional and replacement sub-processors ("Replacement Sub-Processors") to Process Personal Data on its behalf.
Hamro Events shall give notice to Organiser of the identity of Replacement Sub-Processors via Hamro Events's website. Organiser is responsible for regularly checking and reviewing Hamro Events's website for any such changes and Hamro Events's website shall be the sole means of Hamro Events communicating any such changes.
3. Liability.
Data Processing Addendum for Processors and Sub-Processors
This Data Processing Addendum ("DPA") shall govern any services provided to Hamro Events and its Affiliates ("Hamro Events") by you ("you," "your," or "Vendor") as a Processor or Sub-processor (as defined below) (the "Services").
You and Hamro Events shall each be referred to herein as a "Party" and together as "Parties.” This DPA supplements, is incorporated into, and will remain in effect for the term of any agreement between the Parties. The Parties agree as follows:
1. Definitions
Capitalised terms used but not defined in this DPA shall have the same meanings as set out in the Agreement, if applicable. For the purposes of this DPA:
1.1 "Affiliate(s)" means any person or entity that controls, is controlled by, or is under common control with such entity.
1.2 "Applicable Privacy Laws" means all applicable privacy and data protection laws and regulations anywhere in the world.
1.3 "Controller" means the natural or legal person or entity who determines the purposes and means of the processing of Personal Data.
1.4 "Data Breach" means a breach of security leading to accidental or unlawful destruction or accidental loss, alteration, unauthorised disclosure or access, and all other unlawful forms of processing of Hamro Events Data.
1.5 "Hamro Events Data" means any and all data including Personal Data that is provided to Vendor or otherwise collected and/or accessed by Vendor on behalf of Hamro Events and/or its Affiliates in the course of providing the Services under the Agreement. Any Hamro Events Data that is Personal Data is hereby referred to as "Hamro Events Personal Data".
1.6 "Personal Data" means any information relating to an identified or identifiable natural person.
1.7 "Processor" means an entity that processes Personal Data on behalf of, and in accordance with the instructions of, a Controller.
1.8 "Sub-processor" means an entity engaged by a Processor who agrees to receive from the Processor Personal Data exclusively intended for the processing activities to be carried out as part of the Services.
1.9 "Vendor" means the individual or entity which has entered into the Agreement with Hamro Events.
2. Roles & Data Details
2.1 For purposes of this DPA, Hamro Events may act as a Controller, or it may act as a Processor of one of its customers. Vendor therefore acknowledges that it may act as a Processor of Hamro Events or a Sub-processor of Hamro Events. Where Hamro Events acts as a Processor, Hamro Events is obligated contractually and / or under Applicable Privacy Laws to flow down certain data protection related obligations to its appointed Sub-processors. Therefore all obligations placed on Processors in this DPA shall apply to Vendor regardless of whether Vendor acts as a Processor or Sub-processor.
2.2. The nature, purpose and subject matter of Vendor's data processing activities performed as part of the Services are set out in the Agreement. The Personal Data that may be processed may relate to event organisers, attendees, employees, contractors, and contacts and may include name, email address, billing and payment information, events booked, organised, and attended and any other Personal Data that may be processed pursuant to the Agreement.
3. Processing of Data by Vendors
3.1 Vendor warrants and undertakes to process Hamro Events Personal Data only for the limited and specified purposes set out in the Agreement and/or as otherwise lawfully instructed by Hamro Events in writing (email or otherwise), except where otherwise required by applicable law. Vendor will immediately inform Hamro Events if, in its opinion, an instruction is in breach of Applicable Privacy Laws.
3.2 Where Vendor processes Hamro Events Personal Data originating from the EU, EEA, the UK and/or Switzerland, and Vendor transfers such Hamro Events Personal Data to a country not deemed by the European Commission as providing adequate protection for Personal Data, Vendor warrants and agrees to: (i) comply with its obligations under Applicable Privacy Laws; and (ii) provide at least the same level of protection to Hamro Events Personal Data as is required by the Privacy Shield Principles and/or as Hamro Events may otherwise reasonably require, in accordance with Applicable Privacy Laws, to ensure an adequate level of protection for Hamro Events Personal Data. Vendor agrees to notify Hamro Events promptly in writing of its inability to meet its obligations and to take all reasonable and appropriate measures to remedy any non-compliance and/or cease processing Hamro Events Personal Data, as determined by Hamro Events in its sole discretion.
Where Vendor has not certified to the Privacy Shield Framework Principles, Vendor warrants and agrees to: (i) the Standard Contractual Clauses as defined
here and (ii) implement the necessary technical and organisational security measures before processing the Hamro Events Personal Data.
4. Confidentiality & Protection from Breach
4.1 Vendor shall ensure that any person that it authorises to process the Hamro Events Data (including Vendor's staff, agents and subcontractors) shall be subject to a duty of confidentiality.
4.2 Vendor shall ensure it implements and maintains throughout the term of the Agreement, or duration of its services to Hamro Events as a Processor or Sub-processor, appropriate technical and organisational measures to protect Hamro Events Data, including protection against Data Breaches. Where Vendor is Privacy Shield certified, in accordance with Section 3 of this DPA, such measures shall, at a minimum, include at least the same level of privacy protection as is required by the Privacy Shield Principles.
5. Use of Sub-processors
Vendor shall notify Hamro Events of any Sub-processors it uses in respect of Hamro Events Personal Data, and Vendor shall:
1. Ensure that any Sub-processor is contractually bound in writing to provide at least the same level of protection as is required by this DPA and complies with Applicable Privacy Laws
2. Be fully responsible for, and liable to Hamro Events for acts and omissions of any Sub-processor as if they were Vendor's own act or omission
3. Upon request, provide Hamro Events with details of any Sub-processors appointed.
6. Rights of Data Subjects & Vendor’s Cooperation
Vendor will provide at Vendor’s expense all assistance reasonably required by Hamro Events to enable Hamro Events to:
1. Respond to, comply with or otherwise resolve any rights request, question, or complaint received by Hamro Events (or a Hamro Events customer) from any living individual whose Personal Data is processed by Vendor on behalf of Hamro Events or any applicable formally designated data protection authority
2. Comply with (and demonstrate compliance with) its obligations under Applicable Privacy Laws. In the event that any such request, question, or complaint under this Section 5 is made directly to Vendor, Vendor shall inform Hamro Events and provide full details of the same.
7. Information & Auditing
On reasonable prior written notice, Vendor agrees to provide Hamro Events (or its appointed auditors) with all information Hamro Events deems reasonably necessary for Hamro Events to audit Vendor's compliance with the requirements of this DPA, including completion of audit questionnaires, provision of security policies and summaries of assessments of compliance with any industry standards, penetration testing, and vulnerability scans. All such auditing is at Vendor’s expense.
8. Procedure in Case of Data Breach
In the event of a Data Breach, Vendor will take only the following actions (unless authorised by Hamro Events):
8.1 Promptly notify Hamro Events without undue delay (and latest within 24 hours of becoming aware of the Data Breach) and provide Hamro Events with a reasonably detailed description of the Data Breach, the type of data that was the subject of the Data Breach and the identity of each affected person as soon as such information can be collected or otherwise becomes available, as well as any other information that Hamro Events may reasonably request relating to the Data Breach.
8.2 Promptly (and latest beginning within 24 hours of becoming aware of the Data Breach) investigate the Data Breach, make reasonable efforts to mitigate the effects and harm of the Data Breach in accordance with its obligations under Section 4 above, and provide any other assistance that Hamro Events may reasonably request relating to the Data Breach.
9. Return or Destruction of Data
Upon termination or expiry of this DPA (see Terms & Conditions), Vendor shall (at Hamro Events's election) destroy or return to Hamro Events all Hamro Events Data and copies of such Data in its possession or control (including any Hamro Events Data subcontracted to a third party for processing), unless any applicable law requires Vendor to retain Hamro Events Data.
10. Indemnity
Vendor will indemnify, keep indemnified and hold harmless Hamro Events, its clients, officers, directors, employees, agents, representatives and Affiliates (each an "Indemnified Party") from and against all third-party loss, harm, cost (including reasonable legal fees and expenses), expense and liability that an Indemnified Party may suffer or incur as a result of Vendor's non-compliance with the requirements of this DPA.
11. Other Provisions
Except for the changes made by this DPA, the Agreement and/or any other agreements related to the Services remain unchanged and in full force and effect. With respect to provisions regarding processing of Personal Data, in the event of a conflict between the Agreement and this DPA, the provisions of this DPA shall control. In the event of a conflict between this DPA and any other provision of the Agreement between you and us, this DPA will control; except where you and Hamro Events have individually negotiated data processing terms that are different from this DPA and which meet the requirements of Applicable Privacy Laws in full, in which case those negotiated terms will control.
Hamro Events Sub-Processors
Hamro Events works with the below third parties ("Sub-Processors") to provide specific functionality. To perform their functions, these Sub-processors access Personal Data as defined in the Data Processing Addendum for Organisers.
Financial Sub-Processors
· MOLLIE
· STRIPE (IR)
· Valitor (DK)
· Lånlet (DK)
· MobilePay (DK)
· PayPal (LU)
· Swish (SE)
· Vipps (NO)
· Navision (ERP)
Hosting
· EngineYard
· Google Cloud
· Amazon AWS
· Imgix
· Hetzner
· KeyCDN
· Linode
· Redislabs
· Genia
· Honeybadger
· Buffer
Community Communication
· Mailchimp
· Google Apps
· Microsoft office
· Intercom email
· Zendesk
· Flowdock
· SalesForce
· Sendgrid
· Zapier
Service Providers
· Euler hermes
· Nexmo
· Postnord
· Europæiske rejseforiskring
Marketing & Analytics
· Mapbox
· Advative.io
· Facebook & Instagram
· Google ads
· Microsoft Bing
· Google Analytics
· Firebase Analytics
· Quantcast
· Adform
· Inspectlet
· Sleeknote
· Bugsnag