WhenNow™ by Active Data, Inc.
Last Revised: May 10, 2016
1.1. WhenNow is a service (“WhenNow” or the “Service”) of our company Active Data, Inc. (“Active Data”, “us”, “our” or “we”). WhenNow is Software as a Service (SaaS) that lets users organize events (“Organizer”) and attend events (“Attendee”). Each event Organizer may create, manage, promote, sell tickets, collect fees, and account for events in accordance with our Terms of Service. WhenNow also enables event Attendee users to purchase or otherwise obtain tickets, passes or rights to attend events of interest. Users of all types may use our Service to promote events to others through various means including through certain third party social media services and applications.
1.2. “Terms of Service”, “Referenced Policies” and other “Agreements”, collectively our “Terms”, all relate to the proper, responsible and legal use of our services by users. A “user” (or “you” or “your”) is a person or organization that interacts with our software products or Service, in any way. You are a user when you interact with our Service to create an event as an event Organizer. You interact with our Service as a user when you buy a ticket or make a transaction through our Service as an Attendee. You interact with our Service as a user when you log-in or sign-up for WhenNow, and then just browse through our website or application, even if you do not use our Service for any other purpose.
1.3. If you use our Service in any way, it is important that you read these Terms and understand them. As an event Organizer, you agree to these Terms by registering, signing up or logging in. If you are an Attendee, you agree to these Terms by purchasing any item offered for sale, making any donation or by registering for any event, even if that event is free. By agreeing to these Terms, you agree to be bound by all of the provisions of these Terms including our policies that are incorporated by reference. If you do not agree, please do not register, log-in, or use any of our services.
1.4. If you agree to these Terms on behalf of a company or organization, you represent to us that you have actual authority to bind the company or organization to these Terms.
1.5. Active Data may provide an updated version of these Terms to you directly by email or other forms of communication that you have registered with us, or by posting it on our website at https://events.WhenNow.com/policies. If you choose not to be bound by any new or subsequent version of these Terms, please terminate your WhenNow account promptly thereafter and settle any monetary commitments you may have with us. If you do not terminate your account prior to a new version of the Terms taking effect, the most recent version of these Terms prior to the termination of your account shall remain in effect.
1.6. The following policies and other documents (each, a “Schedule”) are incorporated into the Terms by reference as if fully set forth here:
1.6.1. WhenNow End User License Agreement
1.6.3. WhenNow Attendee Refund Policy
1.6.4. WhenNow DCMA, Trademark and Copyright Policy
1.6.5. WhenNow Merchant Agreement for Event Organizers
1.6.6. WhenNow Site Usage Policy
2. CHANGES TO THIS POLICY
3. INFORMATION WE COLLECT
3.1. We collect information from you and about you so that we can provide our Service to you, to other Users, and to other people and organizations.
3.2.2. When you enter an event or other product into the Service, we collect additional information, some of which is optional. We use this information to prepare the event for you. The information collected for an event may include (but is not limited to) the date, time and location of the event, the name of each person, group or organization sponsoring, highlighted or featured at the event, a URL or social media address for more information about the event, amongst other items. The information collected for a product other than an event may include details about the product, the manufacturer or provider of the product, and a URL for more information about the product.
3.3.1. Any person that may view Events posted to the Service without becoming an Administrator or Event Organizer is considered a Visitor. No Personal Information is required to be submitted to us for a person to be a Visitor. We do however collect information about a Visitors IP address and usage of the Service. No personally identifiable information is collected.
3.4.1. When you purchase a ticket for an event or buy any other product, we may collect Personal Information from you, including your name, your postal address, your email address, your credit card information and any other information requested by the Organizer of the event. We do not share any credit card information with the Event Organizer and we protect this information vis secure web pages, encryption techniques and policy. WhenNow is fully PCI (Payment Card Industry) compliant.
3.5. HOW WE USE THIS INFORMATION
3.5.1. We may use your Personal Information in a variety of ways, including: to operate, deliver and improve the Service; to facilitate payment transactions related to your purchases made through the Service, to contact you to provide important or timely information about your transaction(s) made through the Service or for internal business analysis and other internal business purposes.
3.6. HOW WE SHARE THIS INFORMATION
3.6.1. We share certain Personal Information collected via the Service with the Event Organizer that controls the event. We also share your some or all of your Personal Information with each company or entity that helps us provide our Service. In addition, we may disclose your Personal Information, without notice, to third parties in the following instances:
188.8.131.52. We have your consent to do so;
184.108.40.206. The disclosure helps us deliver the Service to you;
220.127.116.11. The disclosure is to the payment provider to fulfill purchases through the Service such as Tickets, Products or other goods or services requested by you;
18.104.22.168. The disclosure is to one of our vendors or affiliates for the limited purpose of helping us carry out the functions set forth in this section and/or in section 3.5, above;
22.214.171.124. The disclosure is otherwise consistent with the purpose for which the Personal Information was provided to us;
126.96.36.199. The Personal Information is publicly available;
188.8.131.52. The disclosure is reasonably related to the sale or other disposition of all or part of our business or assets;
184.108.40.206. When we believe, in our sole discretion, that the disclosure is necessary to comply with applicable law;
220.127.116.11. When we believe, in our sole discretion, that the disclosure is necessary to respond to legal process, including subpoenas, served on us by a third party, or to respond to a request or demand for assistance from law enforcement or a government agency;
18.104.22.168. When we believe, in our sole discretion, that the disclosure is necessary to protect and defend the rights or property of Active Data, Inc, or any Customer, Administrator, Organizer, User or Visitor, or any third parties;
22.214.171.124. When we believe, in our sole discretion, that a Customer, Administrator, Event Organizer, Attendee or Visitor is engaging in illegal activities; or
126.96.36.199. The disclosure is otherwise permitted by law.
3.6.2. Our vendors and affiliates are prohibited from using or sharing any Personal Information received from us in a way that is inconsistent with the purpose(s) for which the Personal Information was shared with them.
4. SECURITY OF YOUR PERSONAL INFORMATION
4.1.1. The security of your Personal Information is important to us. We and the vendors that help us host and administer the Service, and maintain the servers through which we provide the Service, take reasonable measures to secure your Personal Information from unauthorized alteration, access, use and disclosure. We follow generally-accepted industry standards to protect the Personal Information submitted to us, both during transmission and once we receive it. When you enter Personal Information (such as a credit card number) on the Site, the system encrypts that information using secure socket layer (SSL) or other encryption technology.
4.1.2. No method of transmission over the Internet, or method of electronic storage, is 100% secure. While we strive to use commercially-acceptable means to protect your Personal Information, we cannot guarantee its absolute security.
4.1.3. If you are an Administrator, Event Organizer, or Attendee, your Personal Information is accessible through entry of your user name and password on the Service. We strongly recommend that you refrain from divulging your login identification or password to anyone. We will not ask you for your login identification or password during an unsolicited phone call or in an unsolicited email. Please keep in mind that whenever you disclose information online that information can be collected and used by others. Ultimately, you are responsible for maintaining the confidentiality of your login identification, password and other Personal Information.
5. NON PERSONAL INFORMATION
5.2. The purpose of a cookie is to tell a web server that you have returned to a specific page. For example, if you register with the Service, a cookie copied to your local device helps us to recall your specific information on subsequent visits. When you return to the Service, the information you previously provided can be retrieved to enhance the services that we provide to you. You may also get cookies and other tracking technologies from third parties with links on a Service, as described in the Third Party Websites and Links section below. We do not control cookies and other tracking technologies employed by third parties.
6.1. You have the ability to accept or decline cookies from our Service. Most web browsers automatically accept cookies, but you can usually modify your browser setting to decline cookies if you prefer. If you choose to decline cookies, you may not be able to fully experience the interactive features of our Service.
7.1. We may disclose aggregated Non-Personal Information that has been collected from you and others to our existing or potential vendors or other third parties, or in response to a government request or demand. We may also share aggregated and de-identified demographic data (for example, 55% of our users are female) with third parties to enable the provision of targeted information, promotions, offers and discounts on our products and services.
8. THIRD PARTY WEBSITES AND LINKS
9. CHILDREN’S PRIVACY
9.1. The Site is not directed at children under 13 years of age, and we do not seek or knowingly collect any personal information about children under 13 years of age with the exception of a name to associate with a transaction for a ticket use for admission to an event. If we become aware that we have unknowingly collected any other personal information from a child under the age of 13, we will make commercially reasonable efforts to delete such personal information from our systems. If you are a parent or legal guardian and think your child under 13 has given us personal information, please contact us.
10. USE OF OUR SERVICE OUTSIDE OF THE USA
11. HOW TO CONTACT US