Last Updated: July 1, 2018
We participate in and comply with the EU-U.S. Privacy Shield Framework as set forth by the US Department of Commerce regarding the collection, use, and retention of Personal Data (defined in Section 2.1) from European Economic Area (“EEA”) member countries. You can find out more about our commitment to the EU-U.S. Privacy Shield Framework in our EU-US Privacy Shield Notice.
- Who We Are.
1.1 Phat X Ticket Services.
Welcome to Phat X! We are a ticketing and registration platform dedicated to bringing the world together through live experiences. Through our platform, mobile apps and services, we enable people all over the world to create, discover, share and register for events.
Phat X’s products, features and offerings are available (a) online through various Phat X properties including without limitation, Phat X, Phat X Communities, Phat X Entertainment, I. E. Jazz Festival, I.E. Jazz Experience, IE Jazz(“Site(s)”); (b) off platform, including without limitation, RFID, entry management, sponsorship and marketing or distribution services; and (c) through mobile applications, webpages, application programming interfaces, and subdomains (“Applications”). (a), (b), and (c) are collectively referred to as “Phat X Properties” or our “Services”.
1.2 Who’s Who.
Phat X, Inc. is a California corporation with its principal place of business at 1107 E. Grand Ave. #A, Pomona Ca. 91766, Reg. No. 4742147 (“Phat X,” “us,” “we” or “our”). If you are resident in the EEA, Phat X, Inc. is the responsible party with respect to Personal Data (defined below) collected through the Services. Phat X’s representative for European data protection law purposes is Phat X NL B.V. with its principal place of business at Silodam 402, 1013AW, Amsterdam, The Netherlands.
If you have any questions or concerns at any time, please do not hesitate to contact us at the address above or by contacting us at privacy@Phat X.com.
2. Our Privacy Statement.
- Personal Data That We Collect.
When you use or interact with us through the Services, we may collect Personal Data. Sometimes this will be on our own behalf and other times this will be on behalf of an Organizer using our Services to run an event. This is an important distinction for EU data protection law purposes and is explained in more detail in Section 16 below.
3.1 All Users.
Information you provide to us: For all Users we collect Personal Data when you voluntarily provide such information to the Services, such as when you register for access to the Services, contact us with inquiries, respond to one of our surveys or browse or use certain parts of the Services. The Personal Data we may collect includes without limitation your name, address, email address and other information that enables Users to be personally identified.
When you register for the Services or otherwise submit Personal Data to us, we may associate other Non-Personal Data (including Non-Personal Data we collect from third parties) with your Personal Data. At such instance, we will treat any such combined data as your Personal Data until such time as it can no longer be associated with you or used to identify you.
As an Organizer we will collect additional Personal Data from you.
Information you provide to us: In some cases, we may collect your credit card information (e.g., your credit card number and expiration date, billing address, etc.), some of which may constitute Personal Data, to secure certain payments. In addition, if you use our payment processing services, we will collect financial information from you (e.g., your bank account information or an address to send checks) as necessary to facilitate payments and information required for tax purposes (e.g., your taxpayer identification number).
Information we obtain from other sources: We may also collect or receive Personal Data from third party sources, such as third-party websites, your bank, our payment processing partners and credit reporting agencies.
As a Consumer we will collect additional Personal Data from you, sometimes for our own purposes and other times on behalf of an Organizer (see Section 16 below for more information).
Information you provide via Phat X Properties or Applications: If you register for a paid event, you will provide financial information (e.g., your credit card number and expiration date, billing address, etc.) some of which may constitute Personal Data. In addition, Organizers can set up event registration pages to collect virtually any information from Consumers in connection with registration for an Organizer’s event listed on the Services. Phat X does not control an Organizer’s registration process nor the Personal Data that they collect. Personal Data collected on behalf of Organizers is provided to the Organizer of the applicable event in accordance with “How We Disclose and Transfer Your Personal Data: Organizers” below.
Information we obtain from other sources: We may also collect or receive Personal Data from third party sources, such as Organizers, other Consumers, social media or other third-party integrations, your credit card issuing bank, our payment processing partners or other third parties.
4. How We Use Your Personal Data.
4.1 Specific Reason.
If you provide Personal Data for a certain purpose, we may use the Personal Data in connection with the purpose for which it was provided. For instance, if you contact us by e-mail, we will use the Personal Data you provide to answer your question or resolve your problem and will respond to the email address from which the contact came.
4.2 Access and Use.
If you provide Personal Data in order to obtain access to or use of the Services or any functionality thereof, we will use your Personal Data to provide you with access to or use of the Services or functionality and to analyze your use of such Services or functionality. For instance, if you supply Personal Data relating to your identity or qualifications to use certain portions of the Services, we will use that information to make a decision as to granting you access to use such Services and to assess your ongoing qualification to use such Services.
4.3 Internal Business Purposes.
We may use your Personal Data for internal business purposes, including without limitation, to help us improve the content and functionality of the Services, to better understand our Users, to improve the Services, to protect against, identify or address wrongdoing, to enforce our Terms of Service, to manage your account and provide you with customer service, and to generally manage the Services and our business.
4.4 Phat X Marketing Communications.
Where it is in accordance with your marketing preferences, we may use your Personal Data to contact you in the future for our marketing and advertising purposes, including without limitation, to inform you about services or events we believe might be of interest to you, to develop promotional or marketing materials and provide those materials to you, and to display content and advertising on or off the Services that we believe might be of interest to you. See “Opt Out from Electronic Communications” below on how to opt out of Phat X Marketing Communications.
4.5 Organizer Emails.
We allow Organizers to use our email tools to contact Consumers for their current and past events, so you may receive emails from our system that originate with such Organizers and that we send on their behalf. If you registered for an event on the Services, your email address is available to that Organizer. However, Organizers may also import the email addresses they have from external sources and send communications through the Services to those email addresses, and we will deliver those communications to those email addresses on the Organizer’s behalf. The Organizer and not Phat X is responsible for sending these emails. See “Opt Out from Electronic Communications” below on how to opt out of Organizer initiated communications.
4.6 Other Purposes.
4.7 Aggregated Personal Data.
- How We Disclose And Transfer Your Personal Data.
5.1 No Sale.
We are not in the business of selling your Personal Data. We consider this information to be a vital part of our relationship with you. Therefore, we will not sell your Personal Data to third parties, including third party advertisers. There are, however, certain circumstances in which we may disclose, transfer or share your Personal Data with certain third parties without further notice to you, as set forth below.
5.2 Business Transfers.
5.3 Parent Companies, Subsidiaries and Affiliates.
5.4 Agents, Consultants and Service Providers.
We may share your Personal Data with our contractors and service providers who process Personal Data on behalf of Phat X to perform certain business-related functions. These companies include our marketing agencies, database service providers, backup and disaster recovery service providers, email service providers and others. When we engage another company to perform such functions, we may provide them with information, including Personal Data, in connection with their performance of such functions.
When you purchase tickets to, register for or donate to an event through the event page, or through a related fundraising page on the Services, we provide the Personal Data entered on the applicable event or related fundraising page to the Organizers of such event or related fundraising page. For fundraising pages, we may provide your Personal Data both to the Organizer charity of the fundraising page and the Organizer of the event to which the fundraising page is linked. In some instances, an Organizer may appoint a third party, which may or may not be affiliated with the Organizer, to create an event or fundraising page on its behalf (we call these third parties (“Third Party Organizers”). For example, and without limitation, a concert venue (the Organizer, in this case) may allow third party promoters or production companies (the Third-Party Organizers) to create events that will be hosted at the Organizer’s venue using its Phat X account. In that case, we may provide your Personal Data to the Third-Party Organizers on behalf of the Organizers. We are not responsible for the actions of these Organizers, or their Third-Party Organizers, with respect to your Personal Data. It is important that you review the applicable policies of the Organizers, and if applicable and available, their appointed Third-Party Organizers, of an event (and the related fundraising page, if applicable) before providing Personal Data or other information in connection with that event or related fundraising page.
Similarly, if you are a member of an Organizer’s organization within Phat X, your Personal Data will be available to the Organizer and shared with those Third-Party Organizers granted permission by the Organizer to view all members of the Organizer’s organization.
5.6 Facebook and Other Third-Party Connections.
5.7 Legal Requirements.
We may disclose your Personal Data if required to do so by law in order to (for example) respond to a subpoena or request from law enforcement, a court or a government agency (including in response to public authorities to meet national security or law enforcement requirements), or in the good faith belief that such action is necessary to (a) comply with a legal obligation, (b) protect or defend our rights, interests or property or that of third parties, (c) prevent or investigate possible wrongdoing in connection with the Services, (d) act in urgent circumstances to protect the personal safety of Users of the Services or the public, or (e) protect against legal liability.
6. How We Store Your Personal Data.
- How You Can Access, Update, Correct or Delete Your Personal Data.
You can request access to some of your Personal Data being stored by us. You can also ask us to correct, update or delete any inaccurate Personal Data that we process about them.
If you are a registered User, you can exercise these rights by logging in and visiting the My Account page. Both registered and unregistered Users may also exercise these rights by contacting us directly by email or at the address specified below.
If a Consumer initiates a data deletion request, Phat X is authorized to delete or anonymize Personal Data of the requesting Consumer from the Services even if that means removing its availability to the Organizer through the Services. However, if you are a Consumer, you understand that even if you Phat X deletes or anonymizes your Personal Data upon your request or pursuant to this Policy, your Personal Data may still be available in the Organizer’s own databases if transmitted to the Organizer prior to Phat X receiving or taking action on any deletion or anonymization activity.
We will consider and respond to all requests in accordance with applicable law.
8. How Long We Retain Your Personal Data.
We may retain your Personal Data as long as you are registered to use the Services. You may close your account by contacting us. However, we may retain Personal Data for an additional period as is permitted or required under applicable laws. Even if we delete your Personal Data it may persist on backup or archival media for an additional period of time for legal, tax or regulatory reasons or for legitimate and lawful business purposes.
- Cookies, Pixels Tags, Local Shared Objects, Web Storage And Similar Technologies.
10. Your Choices.
You have several choices available when it comes to your Personal Data:
10.1 Limit the Personal Data You Provide.
You can browse the Services without providing any Personal Data (other than Automatic Data to the extent it is considered Personal Data under applicable laws) or with limiting the Personal Data you provide. If you choose not to provide any Personal Data or limit the Personal Data you provide, you may not be able to use certain functionality of the Services. For instance, in order to buy tickets as a Consumer, your name and email address will be required by the Organizer.
10.2 Opt Out from Electronic Communications.
(a) Phat X Marketing Communications.
Where it is in accordance with your marketing preferences, Phat X may send you electronic communications marketing or advertising the Services themselves or events on the Services, to the extent you have registered for the Services or purchased a ticket and/or registration to an event listed on the Services. You can also “opt out” of receiving these electronic communications by clicking on the “Unsubscribe” link at the bottom of any such electronic communication.
(b) Organizer Initiated Communications.
Organizers may use our email tools to send electronic communications to those on their email subscription lists, including Consumers who have registered for their events on the Services in the past. Although these electronic communications are sent through our system, Phat X does not determine the content or the recipients of these electronic communications. Organizers are required to use our email tools only in accordance with all applicable laws. Phat X provides an “Unsubscribe” link on each of these emails, which allows recipients to “opt out” of electronic communications from the particular Organizer.
(c) Social Notifications.
If you connect your Facebook account or sign up for other social media integrations whose product features include social notifications (i.e., updates on what your friends are doing on the Services), you will receive these social notifications. You can manage these social notifications by toggling your social settings to private or disconnecting such integration.
(d) Transactional or Responsive Communications.
Certain electronic communications from Phat X are responsive to your requests. For instance, if you are a Consumer, we must email you your ticket or registration on behalf of the Organizer when you purchase such ticket or registration. As a further example, if you email our customer support department, we will return your email. Notwithstanding any unsubscribe election that you have made, you will still receive these transactional or responsive emails. You can stop receiving these types of emails only by contacting us. By electing to stop receiving all electronic communications from us or through our system you will no longer receive any updates on events you have created (including pay-out issues) or on events you are registered to attend (including emails with your tickets). We do not recommend that you do this unless you plan to no longer use the Services, are not currently registered for an event, are not currently organizing an event and will have no need to receive further communications from us or through our system.
10.3 Do Not Track.
We currently do not participate in any “Do Not Track” frameworks that would allow us to respond to signals or other mechanisms from you regarding the collection of your Personal Data.
11.1 Personal Data Provided to Others.
11.2 Third Party Links.
12. Children – Children’s Online Privacy Protection Act
- International Privacy Laws.
EU – US Privacy Shield
For Personal Data we receive from the EEA, Phat X, Inc has certified its compliance to the EU-US Privacy Shield as set forth by the U.S. Department of Commerce regarding the collection, use, and retention of personal data from the European Union countries. We have certified that we adhere to the Privacy Shield principles of Notice, Choice, Accountability for Onward Transfers, Security, Data Integrity & Purpose Limitation, Access and Recourse, Enforcement & Liability when processing Personal Data from the EEA in the United States. You can find out more about our commitment to the EU-U.S. Privacy Shield Framework in our EU-US Privacy Shield Notice.
- Dispute Resolution.
If you have a complaint about Phat X’s privacy practices you should write to us at:
Phat X, Inc., Attn: Privacy Officer, 1107 E. Grand Ave. #A, Pomona, Ca. 91766, USA, or by email. We will take reasonable steps to work with you to attempt to resolve your complaint.
Residents of the EEA who believe that their information has not been processed in compliance with the Privacy Shield Principles may raise their complaints in a number of ways.
EEA, SWITZERLAND AND UK ONLY
The EU General Data Protection Regulation (GDPR)
In May 2018, a new data privacy law known as the EU General Data Protection Regulation (or the “GDPR”) becomes effective. The GDPR requires Phat X and Organizers using the Service to provide Users with more information about the processing of their Personal Data.
Here is what you need to know:
Legal grounds for processing your Personal Data
The GDPR requires us to tell you about the legal ground we’re relying on to process any Personal Data about you. The legal grounds for us processing your Personal Data for the purposes set out in Section 4 above will typically be because:
• you provided your consent;
• it is necessary for our contractual relationship;
• the processing is necessary for us to comply with our legal or regulatory obligations; and/or
• the processing is in our legitimate interest as an event organizing and ticketing platform (for example, to protect the security and integrity of our systems and to provide you with customer service, etc.).
Transfers of Personal Data
As Phat X is a global company, we may need to transfer your Personal Data outside of the country from which it was originally provided. This may be intra-group or to third parties that we work with who may be located in jurisdictions outside the EEA, Switzerland and the UK which have no data protection laws or laws that are less strict compared with those in Europe.
Whenever we transfer Personal Data outside of the EEA, Switzerland or the UK, we take legally required steps to make sure that appropriate safeguards are in place to protect your Personal Data. For example, Phat X, Inc is Privacy Shield certified which means that it self-certifies to protect Personal Data from the EEA, Switzerland and the UK in accordance with established data privacy principles. Feel free to contact us as set forth in Section 15 for more information about the safeguards we have put in place to protect your Personal Data and privacy rights in these circumstances.
Personal Data retention
We retain your Personal Data for as long as necessary to provide you with our Services, or for other important purposes such as complying with legal obligations, resolving disputes, and enforcing our agreements.
If you have an account with us, we will typically retain your Personal Data for a period of 90 days after you have requested that your account is closed or if it’s been inactive for 7 years.
Data protection law provides you with rights in respect of Personal Data that we hold about you, including the right to request a copy of the Personal Data, request that we rectify, restrict or delete your Personal Data, object to profiling and unsubscribe from marketing communications.
For the most part, you can you can exercise these rights by logging in and visiting the My Account page or changing the “cookie settings” in your browser (see our Cookie Statement for more information). If you can’t find what you’re looking for in the My Account page, please contact us using the contact information set out in Section 15 above. Please note that requests to exercise data protection rights will be assessed by us on a case-by-case basis. There may be circumstances where we are not legally required to comply with your request because of the laws in your jurisdiction or because of exemptions provided for in data protection legislation.
If you have a complaint about how we handle your Personal Data, please get in touch with us as set forth in Section 15 to explain. If you are not happy with how we have attempted to resolve your complaint, you may contact the relevant data protection authority.
Phat X as a data controller and a data processor
EU data protection law makes a distinction between organizations that process Personal Data for their own purposes (known as “data controllers”) and organizations that process personal data on behalf of other organizations (known as “data processors”). If you have a question or complaint about how your Personal Data is handled, these should always be directed to the relevant data controller since they are the ones with primary responsibility for your Personal Data.
Phat X may act as either a data controller or a data processor in respect of your Personal Data, depending on the circumstances.
For example, if you create an account with us to organize your events, Phat X will be a data controller in respect of the Personal Data that you provide as part of your account. We will also be a data controller of the Personal Data that we have obtained about the use of the Applications or Phat X Properties, which could relate to Organizers or Consumers. We use this to conduct research and analysis to help better understand and serve Users of the Services as well as to improve our platform and provide you with more targeted recommendations about events we think may be of interest to you.
However, if you register for an event as a Consumer, we will process your Personal Data to help administer that event on behalf of the Organizer (for example, sending confirmation, promotional and feedback emails, processing payments, etc.) and to help the Organizer target, and understand the success of, their event and event planning (for example, providing event reports, using analytics to gain insights into the effectiveness of various sales channels, etc.). In these circumstances, Phat X merely provides the “tools” for Organizers; Phat X does not decide what Personal Data to request on registration forms, nor is it responsible for the continued accuracy any Personal Data provided. Any questions that you may have relating to your Personal Data and your rights under data protection law should therefore be directed to the Organizer as the data controller, not to Phat X.