SEATERS PRIVACY POLICY
Version of March 25, 2021
1) Who is Seaters
This Privacy Policy is established by SmartSeats IP BVBA / SPRL, a Belgian private limited liability company with registered office in 1831Machelen, De Kleetlaan 4/205, and registered under Belgian company number 0546.636.966 (hereinafter “Seaters”). This website, web application and mobile application (collectively the “Services”) is the property of Seaters.
The Services are operated and commercialized by several affiliates of Seaters: Seaters Belgium BVBA / SPRL, Seaters France SARL, Seaters Inc. (US) and SmartSeats Europe LTD (UK) (hereinafter the “Seaters Group”).
Any reference in this Privacy Policy “we”, “us” or “our” will be meant to designate Seaters and, where appropriate, the Seaters Group.
2) Importance of this Privacy Policy
Data protection and protection of your privacy are core values for us and we are committed to processing and protecting your personal data fairly and transparently in accordance with the law.
Within the framework of our activities, we process personal data concerning our customers, natural persons, or any natural person in contact with us. The purpose of this Policy is to explain how we collect, use and store your personal data.
“Processing” means « any operation or set of operations which is performed on personal data or on sets of personal data, whether or not by automated means, such as collection, recording, organisation, structuring, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, restriction, erasure or destruction ».
By "personal data", we mean all personal data concerning you, i.e. any information that allows you to be identified, directly or indirectly, as a natural person.
This Policy is in line with our desire to act transparently and in compliance with the Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (hereinafter referred to as the “General Data Protection Regulation” or “GDPR”).
By using the Services and sharing your personal data with us, you expressly agree to the terms of this Privacy Policy and to the way in which we collect and process your personal data. In any case, nothing in this Privacy Policy will affect your legal rights pursuant to the applicable legislation relating to the protection of personal data.
3) Which categories of personal data does Seaters collect?
1. Context and means of collection
We collect and store your personal data when you create a Seaters user account, whenever you subscribe to a wish list, when you buy or acquire tickets for an event, when you complete or update your profile information, when you answer questions or surveys, and in general whenever you use the Services.
2. Categories of personal data
We collect the following information relating to our users:
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Identification information and contact details
E.g.: Such as your name, address, e-mail address, telephone number, date of birth, passport or id number (e.g., in case of travel abroad), etc.
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Account login information
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Personal characteristics
E.g.: date of birth, age, title, nationality, language, etc. You are free to provide us these informations when you complete your profile information.
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Billing information
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Order data
E.g.: The history of the events for which you have subscribed to a wish list and/or for which you have bought or acquired tickets or other products through our application)
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Data concerning consumption habits, way of life, leisure activities and interests
E.g.: Subscription to a wish list, “my interests”, artist, sports team, event, etc.
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Consumer generated content
This includes information that you create and voluntarily share with us by uploading it to one of our websites or applications.
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Social network information
This includes information that is part of your profile on a third-party social network and that you allow the third-party social network to share with us.
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Technical and website/application usage information
When you use the Services, our servers automatically record certain log file information. These server logs may include information such as your web request, Internet Protocol (“IP”) address, browser type, referring / exit pages and URLs, number of clicks and how you interact with links on the Services, domain names, landing pages, pages viewed, and other such information. If you use our website, we might look at what site you came from, or what site you visit when you leave us. We may collect your GPS location or your device’s unique identifier. We might also collect the type of mobile device you are using, or the version of the operating system your computer or device is running. We might look at how often you use the app and where you downloaded it.
3. Cookies
We automatically collect your data through the use of cookies, depending on your browser's cookie settings. To learn more about cookies, including how we use them and the choices you have, please read our Cookie Policy.
We also use cookies and comparable technologies (local storage) to provide you a better, faster and more secure online experience. Local storage is a commonly used technology to allow websites and applications to store certain information locally on a computer or mobile device. We use this technique to guarantee the proper functioning and functionality of the Services and to gather information concerning your use of the Services. You can always turn off these cookies / this local storage by adapting your mobile or browser settings. However, when you do this, it is possible that certain parts of the Services no longer function properly and that you will no longer be able to enjoy an ideal user experience.
Google Analytics is an external service used by us. By using cookies, Google Analytics collects and stores data such as time of visit, pages visited, time spent on each page of Seaters, the Internet Protocol address, and the type of operating system used in the devices used to access the Website (for further information see https://policies.google.com/privacy).
By using a browser plugin http://www.google.com/ads/preferences/plugin/ provided by Google, you can opt out of Google Analytics.
4) For which purposes are these personal data being used?
Seaters shall process your personal data only to the extent necessary for the purposes for which it was collected. In this context, we have identified these purposes and ensure that only personal data that are necessary and relevant in accordance with the data minimisation principle are processed.
4.1. In general, we base the processing of your personal data on the following legal basis:
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In order to comply with our legal obligations;
In certain cases, we are required to process your personal data within the framework of legal obligations or when cooperating with the competent authorities. In these cases, we may transfer your personal data in order to comply with our obligations.
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In order to take prior measures and to execute the contract that binds us when you benefit from our services;
E.g.: account maintenance, customer service, ensuring a response to your requests, etc.
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In order to achieve our legitimate interest (in this case we always take care to respect a balance between our interest and your rights and freedoms);
E.g.: The improvement and personalisation of our services and products; Commercial prospecting and management of prospects (updating prospecting files, organisation of promotional operations, etc.); The preparation of studies, models (risk, marketing and other) and statistics, using anonymisation and/or pseudonymisation techniques whenever possible; The preservation of the security of goods and persons, the fight against fraud or attempts at intrusion, abuse or other offences; Maintaining a list of clients and prospects who no longer wish to be contacted; The improvement of the experience of the users (website improvement and personalisation); The management of your requests related to the application of your rights; The establishment, exercise, defence and preservation of our rights.
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Finally, on the basis of your consent (please note that you have the right to withdraw your consent to the processing of personal data at any time).
E.g.: direct marketing by us or our partners.
4.2. Furthermore, when you use our Services, the following purposes may apply:
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Account management (‘user management’)
First of all, we use your personal data to be able to register you as a user and to allow you to login on our application. We also use your personal data for the management and follow-up of your account, your registrations to Fan Pages or wish lists, ticket reservations, and the follow-up of processed payments and outstanding amounts.
By using these data, we are also able to provide you adequate (technical) support and our customer service is able to contact you. On the basis of the data collected by us, we may in particular verify compliance by Seaters users with our General Terms and Conditions and with (payment) agreements concluded with other users (such as owners of Fan Pages or ticket providers).
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Management of agreements with service providers and contract partners
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Market research / profiling
Your personal data may also be used, both by us and by third parties, for the purpose of carrying out market research and behavioral analysis (‘profiling’), as well as for development of user patterns and statistics.
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Own direct marketing
When you give us your prior consent, we also use your contact details and personal data for profile creation in order to send you personalized newsletters (‘in-app’, via e-mail or via SMS) and to inform you of promotions, special actions or events that might interest you.
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Direct marketing by our contractual partners
If you have agreed hereto, also our contractual partners may use your personal data to inform you of promotions, special actions or events that might interest you. (‘in-app’, via e-mail or via SMS).
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Social Media
We use social media to promote, improve and facilitate our services. For example, we have integrated social media plugins into the Services. When you click on one of the buttons and register with your social media account, information is shared with your social media provider, and possibly presented on your social media profile to be shared with others in your network. In addition to implementing these buttons, Seaters uses social media by maintaining accounts on several social media sites. These social media services may allow you to share information with Seaters. When you register with a social media app, you will be told which information will be shared with Seaters. The information you choose to share with Seaters may include the basic information that’s available in your social media profile, email address, status updates and your list of friends. This information is necessary to create a unique user experience on the Services. It facilitates such things as personalising our website to suit your needs, connecting you with your friends on events analysing and enhancing our event-related services. We may also enable you to sign in to the Services with your social media accounts. Your social media provider will be able to tell you more about how they use and process your data in such cases.
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Compliance with our legal obligations
In certain cases, we are required to process your personal data within the framework of legal obligations or when cooperating with the competent authorities. In these cases, we may transfer your personal data in order to comply with our obligations.
5) Who has access to my personal data?
We keep your data only for as long as it is reasonably necessary for the purposes for which it was collected, taking into consideration our need to answer queries or resolve problems, provide improved and new services and comply with legal requirements under applicable law(s). This means that we may retain your personal information for a reasonable period after you stop using our services or stop using our websites. After this period, your personal information will be deleted from all our systems.
The retention period generally depends on the duration of the action. In any case, we don’t keep your personal data for a period longer than 3 years.
When it comes to regular use of our platform, users keep their account as long as it’s active. However, you can leave our platform at any time and request to delete your account and your personal data from our database.
At the end of the retention period, we do everything we can to ensure that the personal data has been made unavailable and inaccessible.
6) What are my rights under the GDPR
These rights allow you to remain in control of what we do with your personal data.
Right of access and to obtain a copy
The right of access allows you to ask us whether we process your personal data, for what purposes, the categories of personal data concerned and the recipients of your data. You can also request a copy of all your personal data we process.
You have the right to, at any time and free of charge, view your data or request a copy by sending an e-mail to privacy@seaters.com or a letter to Seaters’ registered office at De Kleetlaan 4/205, 1831 Machelen, Belgium.
Right of objection
As long as we process your personal data on the legal basis of consent, you can always withdraw your consent.
Right of rectification
You have the right to demand the correction or deletion of any data that is incorrect, inappropriate or no longer required by sending an e-mail to privacy@seaters.com or by sending a written request by post to Seaters’ registered office Kleetlaan 4/205, 1831 Machelen, Belgium.
Right to be forgotten
When you no longer want your data to be processed and you meet the conditions to invoke the right of deletion (right to be forgotten) under data protection law, we shall delete your data from our database.
The right to be forgotten applies when one of the following reasons is fulfilled:
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The data are no longer necessary for the purposes of the processing operation;
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You withdraw your consent to the processing of your data and we base this processing only on the legal basis of your consent;
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You object to the processing;
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We have processed your personal data unlawfully;
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In the event that the data in our possession is incomplete, inaccurate or obsolete;
We need to delete your personal data in order to comply with a legal obligation (under Union law or the law of the Member State), to which we are subject.
Right to portability
If we process your personal data on the basis of a contract or your consent, you can ask us to transfer all your personal data to you or to transfer them to another data controller.
Right to restrict processing
In some cases, you may also ask us to limit the processing of your personal data.
The situations in which you may ask us to limit the processing of your personal data are as follows:
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If you challenge the accuracy of a personal data while we can verify the accuracy of that data;
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If we process your personal data unlawfully and you would prefer us to limit such processing rather than delete your personal data.
Of course, we will inform you when the limitation of processing no longer applies.
Right of objection
You have the right to object to any use of your data for marketing purposes, including profiling.
Every time you receive an e-mail from us, you will be offered the possibility to unsubscribe from our direct marketing mailing list. If you choose to unsubscribe, we will process your request as soon as practicable and no longer send you any promotional messages (‘in-app’, via e-mail or via SMS). You understand, acknowledge and agree that it can take some time before we are able to process your request.
In addition, where we base the processing of your personal data on the legal basis of our legitimate interests, you may object to the processing of your data if you demonstrate that your particular situation justifies it.
Otherwise, you can exercise your right to object, at any time, either via the automated procedures provided for that purpose in the email sent to you or, failing that, by sending an e-mail to the following address:privacy@seaters.com.
How to exercise your rights?
Contact us. If you wish to exercise any of your rights under the GDPR, you can contact us by sending an e-mail to privacy@seaters.com or by writing to our registered office at De Kleetlaan 4/205, 1831 Machelen, Belgium.
Identification. In order to help you enforce your rights, and if it is necessary, we must take all reasonable steps to verify your identity. To this end, where there is reasonable doubt as to your identity, we may ask you to prove your identity by providing us with additional information.
If you do not provide us with this additional information enabling us to identify you, we are not compelled to comply with your requests to exercise your rights if we are unable to identify you.
When do we reply? We undertake to get back to you as soon as possible and, at the latest, within one month of your request. We may be required to extend this period to two months in the event that your request is complex, and we are faced with an excess of requests. If this happens, we will inform you of the reasons for the delay.
7) Who has access to my personal data?
7.1. Your personal data will be accessible to Seaters and to all entities of the Seaters Group.
7.2. In addition, in order to provide our services effectively, we may need to subcontract some tasks, in whole or in part, to the service providers with whom we work in execution of the Services (e.g. payment service providers, e-mail and SMS providers, customer service providers, the subcontractors responsible for maintaining our infrastructure, IT security, hosting, marketing tools, helpdesk and other software service providers).
We will share certain information with our contractual partners so that they can run the event for which tickets have been purchased, analyse customer behaviour, provide a better service and support to customers, and for any other purpose described in our contractual partners’ privacy policies (including marketing). You should read those policies to learn how they treat your information.
Your personal data may also be transferred to our other contractual partners (as far as this would be necessary as the result of your use of the Services, e.g., transfers of data to event organizers, parties offering wish lists or tickets, and owners of Fan pages), or in the frame of the hereinabove described purposes of market research / profiling and direct marketing. Your personal identification data will also be used by the organizer of the events for which you have subscribed to a wish list, and/or by the owner of the event venue, for the purpose of facilitating ticketing and access control at the venue of the event.
We require our subcontractors, services providers, partners, to adhere to data protection legislation and to submit satisfactory guarantees on the implementation of appropriate technical and organisational measures. Our subcontractors are required to demonstrate that their processing system complies with current data protection legislation and that your rights are guaranteed.
7.3. Under certain circumstances, our website and our apps will provide you with plug-ins for various social networks (e.g. Facebook). If you choose to interact with social network sites (e.g., by setting up an account), your activity on our site or via our apps will also be accessible on that social network site. If you are logged onto one of these social network sites during your visit to any of our sites or apps, or if you interact with any of the social network plug-ins, the social network site may also add this information to your profile on that network, depending on your privacy protection settings. If you want to prevent this type of data transfer, please log off your social network site before logging on to any of our sites or apps, or change the app privacy protection settings, if possible. Please read these social networks’ own privacy protection policies for further details on the collection and transmission of personal data, on your rights, and on how you can achieve a satisfactory degree of privacy protection.
7.4. Finally, our business is constantly changing. In the event Seaters goes through a business transition, such as a merger, acquisition by another company, or sale of all or a portion of its assets, your personal data will likely be among the assets transferred.
8. Security
We implement the appropriate technical and organisational measures to guarantee an adequate level of security with regard to the processing of your personal data. This level of security is established on the basis of the risks presented by the processing and the nature of the data to be protected.
We have implemented appropriate security measures to protect your personal data, in particular, against loss, theft, misuse or alteration of the information received, unauthorised disclosure or use of your personal data.
If your personal data under our control is compromised due to an information security breach, we will act promptly to identify the cause of the breach and take appropriate corrective action.
If necessary, in accordance with applicable law, we will inform you of the incident.
9. Claims and complaints
If you wish to react to any of the practices described in this Policy, please send us an e-mail to privacy@seaters.com. We shall do everything we can to follow it up as soon as possible.
If you are not satisfied with your response, you can also file a complaint to the Belgian Data Protection Authority at the following address:
Data Protection Authority
Rue de la Presse, 35
1000 Brussels, Belgium
Phone + 32 2 274 48 00
Fax + 32 2 274 48 35
In addition, you always have the possibility to file a complaint before the Court of First Instance in Brussels. For more information on complaints and possible means of redress, please consult the information available on the website of the Data Protection Authority: https://www.dataprotectionauthority.be/citizen.
10. Limitation of liability clause
Seater’s liability shall be restricted to direct harm, to the exclusion of any indirect loss. Seaters can never be held liable for harm deemed to be indirect such as, without this list being exhaustive, loss of data, financial or commercial loss, loss of profits, increased general costs, or disruption of planning or scheduling.