INTRODUCTION
Thank you for using the website www.ethara.com, the Ethara mobile app and the pages of the Ethara group companies, as operated by Ethara LLC (“ETHARA”, “us”, “we”, “our”). The term “you” refers to the user or viewer of our Platforms.
ETHARA is committed to protecting your personal information and to respecting your privacy. This Privacy Policy (“Policy”) sets out the basis on which we collect, use, disclose, share and protect your personal information (which includes personal data) obtained either automatically as you navigate through the Website and/or directly from you as a result of your interaction with or use of any features of our Website, that you provide to us during your purchase of any tickets, products or services (whether online, offline, over the telephone, through our mobile applications, via social media or otherwise), and/or which you disclose to us in connection with your entry to or attendance at and/or participation in any Ethara group product, event and experience. This Policy also describes your data protection rights, as well as the policies and procedures that we have in place to respect your privacy and keep your personal data secure. Ethara is the data controller of any personal information provided to us.
OVERVIEW
These terms and conditions (the “Terms”) govern the use of (i) all parts of our website www.ethara.com (the “Website“); (ii) any of our mobile applications and any tools contained therein (our “Apps”); (iii) any of our social media pages; and (iv) any of our other technological platforms in whatever form (our Website, Apps, social media pages and other technological platforms together referred to herein as our “Platforms”).
By using any of our Platforms, you agree to these Terms and any applicable laws and regulations which govern the use of such Platforms. If you do not accept the Terms, please do not use the Platforms.
If you choose to limit the way in which you want us to collect, use or disclose any information, then you acknowledge that some aspects of the Platforms and/or our services may not be available to you.
We may change these Terms at any time. Please note that any of the content may be out of date at any given time, and we are under no obligation to update it. We do not guarantee that our Platforms, or any content on them, will be free from errors or omissions, or is suitable for any particular purpose. The content of our Platforms is intended for informational or entertainment purposes only and is not intended to amount to advice on which you should rely; your use of any information or materials on our Platforms is provided on an “as is basis”. Please check the Terms before using the Platforms as all changes are binding on you as soon as they are posted.
LINKS TO THIRD PARTY WEBSITES
From time to time, our Platforms may also include links to other websites or platforms (“External Service”). These links are provided for your convenience to provide further information. They do not signify that Ethara endorses or approves External Service or their content. If you choose to use an External Service, such use will be subject to such External Service provider’s terms of use and privacy policy, as updated from time to time. Please read and be aware of the terms of use and privacy policy of each External Service you use. By accessing and/or using an External Service you do so at your own risk. To the fullest extent permitted under applicable law, Ethara does not assume any responsibility and shall not be responsible or liable for your use of an External Service, including without limitation the accuracy, reliability, or content of such External Service.
PRIVACY POLICY
HOW DO WE PROTECT YOUR DATA
Keeping your personal data secure and preventing unauthorized access to that personal data is of utmost priority to Ethara. Ethara will take all steps reasonably necessary to protect your personal data against any unlawful or unauthorised access, use, alteration, disclosure or destruction. Whilst Ethara has put in place physical, electronic and managerial procedures to secure and safeguard your personal data, Ethara cannot be held responsible for any unauthorised access by third parties and Ethara cannot guarantee that the personal data provided by you or that is transmitted via this Website or by e-mail or otherwise online is totally secure and safe.
INFORMATION WE MAY COLLECT FROM YOU.
WHAT PERSONAL DATA DO WE COLLECT
Information you give us. You may give us information about you by completing the forms on our Website or Apps or by corresponding with us by phone, e-mail or otherwise. This includes information you provide when you search on our Website, use our Apps, participate in discussion boards or other social media functions on our Website or Apps, and when you report a problem with our Website or Apps. The information you give us may include your name, address, e-mail address and phone number. We will use this information to: (i) provide you with the information, products and services that you request from us; (ii) provide you with information about other goods and services we offer that are similar to those that you have already purchased or enquired about; (iii) provide you, or with your permission selected third parties to provide you, with information about goods or services we feel may interest you. If you do not want us to use your information in this way, please email [email protected] or use the opt-out facility on any communications; (iv) notify you about changes to our service; (v) ensure that content from our Website is presented in the most effective manner for you and for your computer.
With regard to each of your visits to our Website, we may use analytics tools such as Google Analytics to automatically collect the following non personally identifiable information (as applicable): (i) technical information, including the Internet protocol (IP) address used to connect your computer to the Internet, your login information, browser type and version, time zone setting, browser plug-in types and versions, operating system and platform; (ii) information about your visit, including the full Uniform Resource Locators (URL) clickstream to, through and from our Website (including date and time), products you viewed or searched for, page response times, download errors, length of visits to certain pages, page interaction information (such as scrolling, clicks, and mouse-overs), and methods used to browse away from the page and any phone number used to call our customer service number; (iii) the type of mobile device you are using; and (iv) information about how you use the App. We will use this information to: (i) administer our Website for internal operations, including troubleshooting, data analysis, testing, research, statistical and survey purposes; (ii) improve our Website to ensure that content is presented in the most effective manner for you and for your device; (iii) allow you to participate in interactive features of our service, when you choose to do so; (iv) try out best to keep the Website safe and secure; (v) measure or understand the effectiveness of advertising we serve to you and others, and to deliver relevant advertising to you; (vi) make suggestions and recommendations to you and other users of our Website and Apps about goods or services that may interest you or them.
WHAT PERSONAL DATA DO WE GENERATE OR RECEIVE FROM THIRD PARTIES
We may generate or collect information about you ourselves. In an online context, we and our authorised third parties may use “cookies” and/or other tools to store and sometimes track information about you. For more details, please see: Cookies and other tracking technologies.
We also receive information about you from third parties. For example, if you login to a site or app using Facebook Connect you will be asked if you wish to share information from your Facebook account with us. Similarly, if you use a “like” or a “share” button for a feature on our Website or any third-party site or app (such as social media platforms), then the third party will share information with us. We sometimes will receive relevant information from third party ticketing sites, such as Ticketmaster, to manage your purchases. We also receive information about individuals that the police or other sport stakeholders recommend or require us to ban from our venues. We may also obtain information about you from third party demographics providers, which we may use to better understand our users and send them appropriate offers and information.
If we provide online services to a child where we need parental consent for this, we may ask for a parent's email address, in order to ask for consent.
HOW DO WE USE YOUR PERSONAL DATA?
We only process your personal data for the purposes described in this Privacy Policy or as otherwise permitted under applicable law. We process your personal data for the following purposes:
To fulfil a contract, or take steps linked to a contract: this is relevant where you make a purchase from us or enter a competition we run. This includes:
- Verifying your identity;
- Taking payments
- Communicating with you;
- Administering the competition (where relevant); and
- Providing customer services and arranging the delivery or other provision of products, prizes or services.
As required by us to conduct our business and pursue our legitimate interests, in particular:
- We will use your information to provide products and services you have requested and to respond to any comments or complaints you may send us;
- We monitor use of our venues, Website and online services, and use your information to help us monitor, improve and protect our venues, products, content, services and Website, both online and offline;
- We use information you provide to personalise our Website, products or services for you;
- If you provide a credit or debit card as payment, we also use third parties to check the validity of the payment details you submit in order to prevent fraud;
- We use CCTV and other security measures to enforce our ticketing conditions, protect the safety of those at our venues, provide evidence in relation to incidents taking place within our venues and to prevent and detect unlawful activity. This latter purpose is our legal basis to the extent that any CCTV footage or other record kept by us involves holding information about you relating to actual or alleged criminal activity;
- We use information you provide as well as information which we have collected about you to investigate any complaints received from you or from others, about our Website and venues or our products or services
- We will use data in connection with legal claims, compliance, regulatory and investigative purposes as necessary (including disclosure of such information in connection with legal process or litigation); and
- We use data of some individuals to invite them to take part in market research.
For purposes which are required by law:
- Where you exercise your rights under any data protection law and make associated requests;
- Where we are required to hold or collect personal data to meet legal requirements on us, such as keeping health and safety records, details of purchases or ensuring banned spectators are not given access to our venues;
- Where we need parental consent to provide online services to children; and
- Where in response to requests by government or law enforcement authorities conducting an investigation.
Where you give us consent:
- We will send you direct marketing in relation to our relevant products and services, or other products and services provided by us and carefully selected partners and sponsors;
- We place cookies and use similar technologies in accordance with our Cookies Policy (see the section below titled Cookies and other tracking technologies) and the information provided to you when those technologies are used; and
- On other occasions where we ask you for consent, we will use the data for the purpose which we explain at that time.
Where you give us your explicit consent, when you provide us with personal data about your health, for the following purposes:
- To provide you with tailored services (for example, a wheelchair accessible space)
- To help us investigate an incident which may have taken place at our venues.
In providing your consent to collect, use, disclose, share and protect your personal information, you are providing your consent to our respective agents, representatives and authorised third party vendors, partners and service providers including (where relevant) ticketing agents etc.
MINORS
We do not knowingly collect, use or disclose personally-identifiable information from persons who are minors. No Personal Data should be submitted to us or posted / circulated on / through our Platforms or other forums managed by us. If a minor has provided us with Personal Data without parental or guardian consent, the parent or guardian may request a description of the Personal Data that has been collected from or about that child and either limit or restrict any further maintenance or use of such information from that child and/or direct us to remove or unsubscribe them.
If you are under 21 years of age, you may only use our website and services with the permission of your parent and guardian. We further encourage all parents and legal guardians to participate in or supervise their child or children's use of the Internet and involvement in the website, and in their interactions with us.
WHO WILL WE SHARE THIS DATA WITH, WHERE AND WHEN?
Unless required in circumstances such as those listed below, your personal information held by us shall be kept confidential.
- We will share your personal data with our related corporations, subsidiaries, parent companies and business units;
- We will share your personal data with Third party agents, contractors or other product and/or service providers who provide operational services to ETHARA such as courier services, telecommunications, information technology, payment, market research and other services;
- We will share your personal data with the data processors that help us to provide our services. Any data processors with whom we share your personal data are limited (by law and by contract) in their ability to use your personal data for any purpose other than to provide services for us. We will always ensure that any data processors with whom we share your personal data are subject to privacy and security obligations consistent with this Policy and applicable laws;
- We will share your personal data with relevant government regulators, statutory boards or authorities or law enforcement agencies to comply with any laws, rules, guidelines and regulations or schemes imposed by any governmental authority;
- We will share your personal data with other trusted third parties, for example our commercial partners and the sponsors we work with, so that they can use your personal data for marketing or promotional purposes by sending you information about related products or services that may be of interest to you.
We will also disclose your personal data to third parties in the following circumstances:
- If we sell or buy any business or assets, we may disclose your personal data to the prospective seller or buyer of such business or assets;
- If we or substantially all of our assets are acquired by a third party, in which case personal data held by us will be one of the transferred assets;
- If we are under a duty to disclose or share your personal data in order to comply with any legal obligation, any lawful request from government or law enforcement officials and as may be required to meet national security or law enforcement requirements or prevent illegal activity;
- In order to enforce or apply Our Terms of Use or any other agreement or to respond to any claims, to protect our rights or the rights of a third party, to protect the safety of any person or to prevent any illegal activity; or
- To protect the rights, property, or safety of us, our customers or other persons. This may include exchanging personal data with other organisations for the purposes of fraud protection and credit risk reduction.
We may store personal information in locations outside the direct control of Ethara (for instance, on servers or databases co-located with hosting providers). Any personally identifiable information you elect to make publicly available on our Platforms, such as customer reviews, will be available to others. If you remove information that you have made public on our Platforms, copies may remain viewable in cached and archived pages of our Website, or if other users have copied or saved that information.
FOR HOW LONG WILL YOU RETAIN MY DATA
Where we process data in connection with your registration to use our Website, we do this for as long as you are an active user of our Website and for two years after this.
Where we process personal data for marketing purposes or with your consent, we process the data until you ask us to stop and for a short period after this (to allow us to implement your requests). We also keep a record of the fact that you have asked us not to send you direct marketing or to process your data indefinitely so that we can respect your request in future.
Where we process personal data in connection with performing a contract or for a competition, we keep the data for 7 years from your last interaction with us or from when the contract ends.
Where we process CCTV footage, we hold this for a month, unless we have been asked to extract footage, in which case this is held for 10 years from the date it is extracted.
Where we process personal data to meet legal requirements, we hold this for as long as the law requires.
We hold information relating to visitors to our venues for a month.
Where your data are held on our systems, then at the end of the retention periods set out above, we will not irrevocably delete your information for another 3 months – your data will be held in an inactive form for this time to ensure that any consequential links across our systems remain intact in the event that your data are removed in a particular location.
MARKETING
If you have provided your consent by opting in to receive personalized updates and offers, we may send you such updates and offers by email, SMS, mobile app notifications (only available via the mobile app where you have opted in to receiving them), WhatsApp and social media, or occasionally contact you by telephone.
CAN I WITHDRAW MY CONSENT
Wherever we rely on your consent, you will always be able to withdraw that consent, although we may have other legal grounds for processing your data for other purposes, such as those set out above. In some cases, we are able to send you direct marketing without your consent, where we rely on our legitimate interests. You have an absolute right to opt-out of direct marketing, or profiling we carry out for direct marketing, at any time. You can do this by following the instructions in the communication where this is an electronic message, or by contacting us using the details set out below.
You may withdraw your consent to receiving such communications at any time by clicking on unsubscribe button, call us on +971 (0) 2 497 9000 or email us at [email protected].
INTERNATIONAL TRANSFERS OF YOUR PERSONAL DATA
Your personal data may be transferred to and processed in a location outside of the European Economic Area (EEA).
In particular, your personal data may also be processed by third-party data processors assisting with the provisions of our services to you.
Some countries outside the EEA do not have laws that protect your privacy rights as extensively as those within the EEA. However, if we do transfer your personal data to other territories, we will put in place appropriate safeguards to ensure that your personal data is properly protected and processed only in accordance with this Policy. Those safeguards include imposing contractual obligations of adequacy or requiring the recipient to subscribe to or be certified with an ‘international framework’ of protection. You can obtain more information about the safeguards we put in place by contacting us using the contact details below.
WHAT RIGHTS DO I HAVE
You have the right to ask us for a copy of your personal data; to correct, delete or restrict (stop any active) processing of your personal data; and to obtain the personal data you provide to us for a contract or with your consent in a structured, machine readable format.
In addition, you can object to the processing of your personal data in some circumstances (in particular, where we don’t have to process the data to meet a contractual or other legal requirement, or where we are using the data for direct marketing).
These rights may be limited, for example if fulfilling your request would reveal personal data about another person, where it would infringe the rights of a third party (including our rights) or if you ask us to delete information which we are required by law to keep or have compelling legitimate interests in keeping. We will inform you of relevant exemptions we rely upon when responding to any request you make. To exercise any of these rights, you can get in touch with us using the contact details set out below.
You also have a right to lodge a complaint to the applicable supervisory authority or to seek a remedy through the courts.
Data that is mandatory is indicated on relevant forms that you complete. Where provision of data is mandatory, if relevant data are not provided, then we will not be able to fulfil your requests to register, make a purchase or otherwise engage with us. All other provision of your information is optional.
You may, at any time, exercise any of the above rights by contacting us on [email protected].
COOKIES & OTHER TRACKING TECHNOLOGIES
A cookie is an element of data that a website sends to your browser, which then stores it on your system. Cookies may collect personal data about you. Cookies allow us to understand who has visited which pages and advertisements, to determine how frequently particular pages are visited and to determine the most popular areas of our Website. Cookies also allow us to make our Website more user-friendly by, for example, allowing us to take you to the language site of last use, so that we can give you a better experience when you return to our Website. Cookies will be deployed on your device when you visit our Websites or use our Apps unless you indicate that you do not wish this to happen or if you have turned this feature ‘off’ in your web browser or device settings. Only the issuer of the cookie concerned may read or modify the information contained therein. Our Websites or Apps may contain cookies issued by third parties (e.g. communication agency, audience measurement company, targeted advertising provider, etc.) allowing them, during the validity period of their cookies: (i) to collect browsing information about browsers browsing our websites; (ii) to determine the advertising content that may correspond to your interests; (iii) to send you targeted advertising, in view of your browsing history collected by the third party. At any time, you can prevent the collection of information about you via these third-party cookies. The issue and use of cookies by a third-party company is subject to the respective company’s own terms of use. You can manage and modify your use of cookies through your browser / device software. The settings you make may change your conditions of access and use of certain services on our Website that require the use of cookies.
APPLE IOS AND ANDROID DEVICES
By accessing our mobile application from mobile and handheld devices you consent to cookies being stored to your device (and other tracking technologies being used to read data from your device) for the following purposes: keeping you logged in, ensuring that an appropriate version of content is presented, analytics and advertising. Many of these cookies and technologies are essential to the operation of the application. It is not currently possible to opt out or remove these cookies (or prevent use of these technologies) from the device without deleting the application.
LIMITATION OF LIABILITY
Nothing in these terms of use excludes or limits our liability for death or personal injury arising from our negligence, or our fraud or fraudulent misrepresentation, or any other liability that cannot be excluded or limited by applicable law.
Ethara (and its officers, directors, employees, shareholders and agents) exclude all liability and responsibility for any amount or kind of loss or damage that may result to you or a third party in connection with your access to, use of, inability to use or the results of use of the Platforms.
You agree that in no event shall Ethara be liable for any direct, indirect, punitive, exemplary or consequential loss or damages such as any loss of reputation, income, profits, goodwill, data, contracts, use of money, or loss or damages arising from or connected in any way to business interruption; and any loss or damage due to viruses that may infect your computer equipment, software, data or other property.
GOVERNING LAW
These Terms shall be governed by and construed in accordance with the laws of the Emirate of Abu Dhabi and the Federal laws of the United Arab Emirates as applicable therein. Disputes arising in connection with these Terms or the Privacy Policy shall be subject to the exclusive jurisdiction of the courts of the Emirate of Abu Dhabi.
MISCELLANEOUS
If any provision of these Terms is held by any competent authority to be invalid or unenforceable in whole or in part, the validity of the other provisions of these Terms and the remainder of the provisions in question shall not be affected.
All notices shall be given to Ethara via email at [email protected]