Ticketbutler ticketing service is an online market platform that via its website and app provides event organizers with simple and quick means to market and sell tickets and associated products/services directly to consumers.
These general terms and conditions apply to the Agreement entered into between Ticketbutler and its event organizers. No other terms and conditions shall apply unless otherwise agreed in writing by a representative of Ticketbutler authorized to do so.
”Ticketbutler” shall mean Ticketbutler ApS (Danish company reg. no. 38404687), having its registered offices at Raffinaderivej 10, 2300 København S, Danmark. “Organizer“ shall mean the person or legal entity that subscribes to Ticketbutler Services with the purpose of advertising events and selling tickets to event as well as associated products/services. “Agreement” shall mean the agreement entered into between Ticketbutler and the Organizer regarding provision of Ticketbutler Services to the Organizer and to which these terms and conditions shall apply. “Ticketbutler Services” shall mean the services provided by Ticketbutler to the Organizer in accordance with the Agreement and these terms and conditions, including but not limited to the Ticketbutler platform on its website(s), domain(s) and mobile application(s).
Ticketbutler will receive customer payments, including VAT and fees, from the customers on behalf of the Organizer. The payment will be charged right after the ticket and/or associated products/services are delivered to the customer including electronic deliveries. Have the organiser choosen to get payouts “as-you-go” before the event through the Stripe-solution, will Stripe charge a fee. The current Stripe fees can be found on this page. Ticketbutler can offer other products and services including, but not limited to, SMS tickets, securing refunds and the like. Ticketbutler may charge the ticket buyer for these services.
The price for the use of Ticketbutler services will be disclosed during user registration or as part of an offer sent by a Ticketbutler sales representative
Provided that the organiser has not choosen to get payments “as-you-go” through the Stripe-solution, then Ticketbutler needs to be able to refund the ticket price to the consumer if the relevant event is cancelled. Therefore, Ticketbutler will on behalf of Ticketbutler pay out the ticket price to the Organizer after the event has been performed. Payment terms are 14 calendar days from the date of the event and correct invoicing, but Ticketbutler strives to transfer the money within 3 working days. Interests of 3.0 % per annum shall accrue on late payments. Payment shall be made to the account specified by the Organizer; any associated transfer fees and similar shall be deducted from the payment and born by the Organizer.
All technical information and data regarding the Ticketbutler ticketing Services are the property of Ticketbutler, including but not limited to all user-data gathered via the Ticketbutler website or app. All data provided by the organiser or collected by the orgniser during an event is the property of the organiser. Ticketbutler will share the ownership of the data if the user is already has an account.
During the signup, registration and/or donation process the organiser can gather data. This data must not be mandatory if it concerns: racial or ethnic origin; political opinions; religious or philosophical beliefs; trade union membership; processing of genetic data; biometric data for the purpose of uniquely identifying a natural person; health; sex life or sexual orientation unless approved by Ticetbutler.
Ticketbutler provide a standard Data Processor Agreement (DPA) as a part of this contract. If the organiser wish to use a different DPA, this must be send within 5 businessdays after approval of this contract and must be returned signed by Ticketbutler within 10 business days. In the event Ticketbutler has not received or approved the DPA within 5 business days from this contract is signed, the Ticketbutler standard DPA is in effect. If the ticket sales has begun prior the by the organiser provided DPA is signed, the Ticketbutler standard DPA is in effect. If Ticketbutler can not approved the by the organiser provided DPA, the Ticketbutler standard DPA is in effect.
The organizer independently undertakes the provision of information to the registered parties in accordance with applicable law.
All interlectual rights associated with Ticketbutler services are the property of Ticketbutler including and not limitied to rights associated with Ticketbutler hompage(s) and app and the Ticketbutler trademark.
Ticketbutler give the organiser non-exclusive and non-cancellation limited rights to access and use the services of Ticketbutler with the purpose of register guests for their events and checking tickets to the events and products and services.
Since the organiser is data owner, Ticketbutler required the organiser to comply with the dataprotection laws including GDPR. The Organizer is responsible for providing appropriate, accurate, up-to-date and relevant information on its events, tickets, prices, terms, associated products/services, etc., via the Ticketbutler Services. It is the Organizer’s sole obligation to ensure that any event page posting on the Ticketbutler Services and the nature and conduct of the underlying event meet all applicable laws, rules and regulations, and that the goods and services described in any event page posting are actually delivered in a satisfactory manner.
Because all transactions are between an Organizer and its respective customer(s), Ticketbutler asks that all customers contact the applicable Organizer of their event with any refund requests, complaints or claims. Organizers agree to maintain and adhere to a refund, complaint and claims policy in full compliance with applicable law and general standards. Ticketbutler and its subcontractor Ticketbutler may, in its sole discretion, attempt to mediate disputes concerning refunds, complaints or claims; however, Ticketbutler and Ticketbutler will have no liability for an Organizer’s failure to give refunds or to otherwise respond appropriately to complaints and claims. Organizer agrees to defend, indemnify and hold harmless Ticketbutler, its affiliates, subcontractors, and agents from and against all claims and expenses, including attorneys’ fees, arising out of or related to transactions between a customer or user and Organizer via the Ticketbutler Services.
Any claim by the Organizer against Ticketbutler must be in writing to be valid. Claims for losses or damages must be made against Ticketbutler no later than 30 calendar days after the Organizer became aware or should have become aware of such losses or damages.
Ticketbutler and its subcontractor Ticketbutler are only liable for losses or damages to the extent that they can be contributed to gross negligence or intent by Ticketbutler and its subcontractor Ticketbutler. Ticketbutler and its subcontractor Ticketbutler are not liable for any indirect or consequential losses or damages. Ticketbutler and its subcontractor Ticketbutler are not liable for any losses or damages incurred due to any deviation by the Organizer from Ticketbutler’s instructions and guidance on the use of the Ticketbutler Services.
The Organizer agrees that Ticketbutler and Ticketbutler may store and use the Organizer’s contact information to provide the Organizer with the information requested by the Organizer and to use and share the Organizer’s contact information with users and customers. Ticketbutler and Ticketbutler may also use the Organizer’s contact information to confirm the Organizer’s identity, solicit the Organizer’s views on Ticketbutler’s services, develop new offers and promotions, and for market research. Ticketbutler and its subcontractor Ticketbutler always reserves the right to disclose contact information and personal data in order to:
Except as expressly stated in the Agreement or in these terms and conditions, Ticketbutler makes no representations or warranties, express or implied, including no warranty as to non-infringement or fitness for a particular purpose. Ticketbutler does not warrant or guarantee that the Ticketbutler Services will be uninterrupted or error-free, or that the Ticketbutler Services will result in any revenue or profit for the Organizer.
Either party is entitled to terminate the Agreement, these terms and conditions, and the Ticketbutler Services provided hereunder by written notice 24 hours in advance. The Organizer shall be obliged to make any payments owed due to Ticketbutler Services rendered prior to termination and to honor any obligations entered into with customers prior to termination. Ticketbutler shall be obliged to provide any Ticketbutler Services that have already been paid for.
Ticketbutler reserves the right to amend and change these terms and conditions and/or its privacy policy. All changes and amendments will be made public online. Such changes will only apply to new events and not previously established events. By continuing to use the Ticketbutler Services after such changes and/or amendments, the Organizer expresses its acknowledgement and acceptance of the changes and amendments.
Neither party is liable for losses or damages resulting from circumstances beyond the reasonable control of the party, including but not limited to events of war, terror, fire, governmental restrictions, natural catastrophes, strikes, lock-outs, etc. In addition, Ticketbutler is not liable for losses or damages resulting from any internet platform or similar asserting restrictions or prohibitions against Ticketbutler and its Ticketbutler Services.
Disputes or disagreements that cannot be resolved amicably between the parties shall be settled by the Danish courts. The Copenhagen City Court shall have jurisdiction over any dispute arising out of this agreement.
Ticketbutler may use the company of which the organiser represent as reference for marketing purposes, including, but not limited to the logo on Ticketbutler’s website(s).
1. PREAMBLE
1.1.At the conclusion of the Terms and Agreement, The Processor (Ticketbutler) declares that it will implement the appropriate technical and organisational measures in such a way that the processing meets the requirements of the General Data Protection Regulation and ensures the protection of the data subjects’ rights.
2. SUBJECT OF PROCESSING
2.1.The processing involves the fulfilment of the Terms and Agreement between the Processor Ticketbutler and the Controller the Organiser.
2.2.The duration of the processing activities follows Terms and Agreement.
2.3.The processing consists of collection, storage, use, further processing, and erasure for the purpose of administering the Controller’s communication with its customers, employees, vendors and collaborators in relation to event management.
2.4.The processing includes Article 6 information in the form of contact information, including name, address, telephone number, e-mail and payment information.
2.5.The processing includes Article 9 information insofar as the Controller wishes to collect information in the form of allergies, accessibility needs, data about trade union membership and data on political association.
2.6.Personal information about the Controller’s current and former event goers, employees, customers, suppliers and collaborators is processed.
2.7.The processing of Article 9 information is strictly related to the Controller’s own event goers and employees.
3. INSTRUCTIONS
3.1.The Processor may only process personal data in accordance with documented instructions from the Controller.
3.2.The requirement for the Controller’s documented instructions of The Processor’s procedures under clause 3.1 can only be set aside if this is required by EU or national law to which The Processor is subject.
3.3.If clause 3.2 applies, The Processor shall notify the Controller of this legal claim without undue delay before processing, unless the court in question prohibits such notification based on important public interest.
4. THE RIGHTS OF DATA SUBJECTS
4.1.Taking into account the nature of the processing, The Processor will assist the Controller as far as possible by means of appropriate technical and organisational measures, in fulfilment of the Controller’s obligation to respond to requests for exercising of the data subjects’ rights as laid down in Chapter III of the general Data Protection Regulation.
5. DATA PROTECTION
5.1.The Processor assists the Controller in ensuring compliance with the obligations pursuant to Articles 32 to 36, taking into account the nature of the processing and the information available to The Processor. The Processor is entitled to separate payment in relation to the assistance mentioned above.
5.2.The Processor takes all measures required pursuant to Article 32.
5.3.The Processor ensures the persons authorised to process the personal data have committed themselves to confidentiality in their employment contract or are subject to an appropriate statutory obligation of confidentiality.
6. SUB-PROCESSORS
6.1.The Processor is hereby granted general written approval from The Controller to use sub-processors in relation to fulfilment of the Terms and Conditions. The Controller is informed about the Processor’s sub-processors on the Processor’s website, where the Processor also informs about changes in the choice of sub-processors. The Processor ensures that the overview of sub-processors is available at ticketbutler.io/sub-processors.
6.2.The Processor informs the Controller of any intended changes in sub-processors as soon as possible, as indicated under section 6.1.
6.3.If the Controller does not want the Processor to use an announced sub-data processor as notified, cf. section 6.2, the Controller must object in writing to the Processor against the use of such a new sub-processor without undue delay after becoming aware of the replacement.
6.4.If The Processor makes use of a sub-processor in connection with the execution of specific processing activities on behalf of the Controller, the sub-processor shall be subject to the same data protection obligations as those set out in Article 28 of the General Data Protection Regulation.
6.5.If a Sub-Processor, as mentioned under 6.4, does not fulfil its data protection obligations, The Processor will remain fully liable to the Controller for the fulfilment of the Sub-Processor’s obligations.
7. AUDIT
7.1.The Processor makes available to the Controller all information necessary to demonstrate compliance with the requirements laid down in Article 28 of the general Data Protection Regulation.
7.2.With 30 days notice, the data processor allows for and contributes to audits, including inspections, conducted by the Controller or another auditor authorised by the Controller.
7.3.The Processor shall immediately inform the Controller if an instruction regarding clause 7.1 or 7.2, in the Processors opinion, infringes the general Data Protection Regulation or data protection provisions of other union or Member State data protection provisions.
7.4.The Processor is entitled to invoice separately for work related to 7.1 and 7.2.
8. TERMINATION OF PROCESSING
8.1.The Processor returns all personal data after the processing service has been terminated and deletes all existing copies.
8.2.The processor’s obligation to delete and return data under Section 8.1, does not apply if EU law or Member State law requires storage of the personal data.
8.3.The data processor documents, without undue delay, to the Controller which rules under EU law or Member State law requires the storage of the personal data, as mentioned under 8.2.
9. CHANGES
9.1.Statutory changes are introduced by the Processor and the Controller is notified of this as soon as possible. Such changes do not affect the validity of the agreements already concluded, nor do they require the adapted agreement to be signed.
