Terms Of Service

Privacy Policy

Thanks for checking out Pogoseat. We want to let you know that maintaining the confidentiality of your personal information is very important to us. We’ve prepared this Privacy Policy to explain what online information we collect from you and how we use that information. Pogoseat is committed to respecting your privacy and recognising your need for appropriate protection and management of personal information you share with us, such as your name, mailing address, email address, telephone number, etc. The purpose of this Privacy Policy is to inform you what information we may collect from you, how we use such information, and the choices you have regarding our use of, and your ability to review, correct and opt out of our use of, the information. By using our Website in any way (including our mobile applications or interacting with us on Facebook or other social media platforms) or sharing your personal information with us, you are accepting the practices described in this Privacy Policy. This Privacy Policy is part of the User Agreement.

About Us

Pogoseat (UK) Limited will be what is known as the, “Controller” of the personal data you provide to us or which we obtain from another source such as the club or organization that you support or are a member of.

We are registered in England and Wales under registration no. 09314473 and our registered office address is at 4 Quex Road, London, England, NW6 4PJ.

We can be contacted via email on [email protected]

Information Collected

Pogoseat gathers two basic types of information through the Website: "Personally Identifiable Information" (or "PII") and "Non-Personally Identifiable Information" (or "Non-PII"). PII is information that identifies or can identify you as an individual (such as mailing address, email address, telephone number, or billing information) and Non-PII is aggregated information, demographic information, IP addresses, geographic location and any other information that does not reveal your specific identity. This Privacy Policy is largely concerned with PII but the Annex also deals with the Non-PII that we collect.

Security of Information Collected

We maintain physical, electronic, and procedural safeguards to protect the confidentiality and security of information transmitted to us. To guard your information delivered to us electronically, our Website uses Secure Sockets Layer (SSL). SSL encrypts your credit card number, name and address so only we are able to decode your information. Unfortunately, however, no data transmission over the Internet can be guaranteed to be 100% secure. While we strive to protect your contact information, we cannot guarantee that PII supplied by users will not be improperly accessed on our servers, or intercepted while being transmitted to us over the Internet. We assume no liability for any damages you may suffer as a result of unauthorized access to our files, or interception, alteration or misuse of information during such transfers. If you have reason to believe that there has been any breach of the security of the Website, please contact us at [email protected]

We urge you to keep any password that you establish with us in a safe place and not to divulge it to anyone. Also remember to log off your account and close your browser window when you have finished your visit. This is to ensure that others cannot access your account, especially if you are sharing a computer with someone else or are using a computer in a public place such as a library or Internet cafe.

How do we use your Personally Identifiable Information?

We have set out below the purposes for which we may use your PII.

This PII may be provided to us directly by you, by the club or organization that you support or are a member of where you have registered with us through the site of a club or other organization or through a ticketing agency where you have bought tickets through such an agency. The PII which we may obtain from your club or organization or from a ticketing agency are details about you and the tickets you have purchased including your name, address and age.

Providing you with our services.

Pogoseat may use your PII for the purposes of operating our Website and providing to you the services that you have signed up for (e.g., using your name and email to confirm your registration or using your credit card information to fulfill your purchase).

The legal basis for this processing is our legitimate interests namely the administration of our website and the provision of services to you or the performance of a contract between you and us and/or taking steps, at your request, to enter into such a contract.

Text To Buy

Where you have registered with our “text to buy” service or with any other service where you have asked us to send you SMS text messages or similar then we will use your PII to send you messages according to your preferences and requests.

The legal basis for this processing is our legitimate interests namely the administration of our website and the provision of services to you or the performance of a contract between you and us and/or taking steps, at your request, to enter into such a contract.

Facilitation of Transactions.

Forms on the Website may sometimes be pre-populated with your PII in order to facilitate a transaction between you and Pogoseat.

The legal basis for this processing is our legitimate interests namely the administration of our website and the provision of services to you or the performance of a contract between you and us and/or taking steps, at your request, to enter into such a contract.

Tailoring Your Experience.

We may use PII you give us to better tailor your Pogoseat experience to your interests, to show you content in which you may be interested and to display the content according to your preferences.

The legal basis for this processing is our legitimate interests namely the administration of our website and the provision of services to you or the performance of a contract between you and us and/or taking steps, at your request, to enter into such a contract.

Communications.

Where you authorise us to we may use your PII to send you information about Pogoseat and its services as well as promotional material on behalf of some of our partners. If at any time you change your mind and prefer to no longer receive such marketing communications from us, please see the "Opt-Out Policy" section below.

The legal basis for this processing is our legitimate interests namely the promotion of our business and our services to you or the performance of a contract or your consent.

Administrative Matters.

Pogoseat reserves the right to contact you in the event of a change in the Website's User Agreement and/or this Privacy Policy, or to notify you of other administrative matters in connection with the Website (e.g., contacting you to facilitate, complete or confirm a transaction). Because this information may be important to your use of the Website, you may not opt-out of receiving such communications.

The legal basis for this processing is our legitimate interests namely the administration of our website and the provision of services to you or the performance of a contract between you and us and/or taking steps, at your request, to enter into such a contract.

Internal Business Purposes.

We may also use your PII for our internal business purposes, such as to target advertising, for data analysis, for audits, for fraud prevention and for other internal purposes.

The legal basis for this processing is our legitimate interests namely the administration of our website, fraud prevention, the promotion of our business and the provision of services to you or the performance of a contract between you and us and/or taking steps, at your request, to enter into such a contract.

Making a purchase

When you make a purchase through the Website, we may collect your credit card number or other payment account number (for example, your PayPal account number), billing address (including post code) and other information related to such purchase (collectively, "Payment Information") from you. We will use the Payment Information that you provide to bill you for your purchase and to fulfill your purchase. We may also use your Payment Information to allow us to ship or deliver merchandise and/or receipts to you, respond to customer service requests, review and enforce limits on the purchase services offered and to help prevent credit card fraud. By providing your Payment Information, you are authorizing us to give that information to third parties as necessary to confirm and fulfill your order (for example, to process your credit card or payment account number and to send you products you have ordered).

The legal basis for this processing is our legitimate interests namely the administration of our website and the provision of services to you or the performance of a contract between you and us and/or taking steps, at your request, to enter into such a contract.

Email This to a Friend.

The Website may allow you to forward certain items posted on the Website or links to Website features by email or Instant Messenger to other parties who you believe may be interested. If you wish to use this feature, you may provide us with such other party's email address or Instant Messenger screen name so that we can facilitate your sending of such message to such other party. To do so, any PII you provide in connection with sending such other party the message, such as your name and your email address or Instant Messenger screen name, will, of course, be disclosed to such other party. While, due to technical restrictions, the recipient's email address or Instant Messenger screen names may be retained in our log files, we do not knowingly share it with third parties and we do not use this PII for any purpose except to send this one-time message (unless the recipient has already consented to such use of his/her PII).

The legal basis for this processing is our legitimate interests namely the administration of our website and the provision of services to you or the performance of a contract between you and us and/or taking steps, at your request, to enter into such a contract.

Online Surveys/Sweepstakes and Contests.

From time to time, we conduct online surveys and offer online sweepstakes or contests on the Website (each, a "Promotion"), and we may collect PII in connection with the same. We may use your PII to contact you regarding your Promotion entry, or to contact you if you win a Promotion (if applicable). You should carefully review the rules, if any, of each Promotion in which you participate through the Website, as they may contain additional important information about Pogoseat's use of your PII. To the extent such rules conflict with this Privacy Policy, such rules will govern that particular Promotion.

The legal basis for this processing is our legitimate interests namely the administration of our website and the provision of services to you or the performance of a contract between you and us and/or taking steps, at your request, to enter into such a contract.

How long do we keep your PII for?

We will retain your information for as long as your account is active, as needed to provide you services and will use your information as necessary to comply with our legal obligations, resolve disputes, and enforce our agreements. Your PII shall be kept for no longer than is necessary for the purposes for which it is being processed.

If you no longer wish to use our services and/or you would like us to delete your account then please contact us.

What rights do I have?

You have the following rights in relation to your PII:

The right to know whether we are processing any PII about you and to have access to your PII at any time;

In certain circumstances you have the right to request the rectification or erasure of your PII or to restrict what we do with your PII or to object to its processing.

The right to request a copy of your PII in an electronic form;

You also have the right to complain to the Information Commissioner’s Office (www.ICO.org.uk) about our use of your data;

If you have given us your consent to process your PII (which will usually be done by asking you to tick a box or boxes on our Website for example for marketing purposes) then you have the right to withdraw that consent at any time.

Accessing, Updating or Deleting Information Collected About You.

Other requests to information access can be made by contacting us via one of the methods listed in this Privacy Policy. If you contact us requesting access to your information, we will respond within 30 days. To the extent that such information is stored in our databases, we will respond to your changes as soon as reasonably possible. Please note that the information may remain stored indefinitely in our backup and archival records. To the extent that such information is not stored in our databases, we cannot always ensure that these corrections or deletions will reach such other databases in a timely manner.

Who may we disclose your PII to?

We will disclose your personal information with third parties only in the ways that are described in the following sections.

Pogoseat Service Providers.

We work with third parties who provide services including but not limited to data analysis, order fulfillment, credit card processing, email communications and other services of an administrative nature. If you use our services, we reserve the right to share your PII with such third parties for the purpose of enabling these third parties to provide such services. We take reasonable steps to ensure these third parties treat PII in a manner comparable to how we do so.

Affiliate Communications and Third Party Communications.

Where you authorise us to we may share your PII with our affiliates, including teams, leagues, venues, promoters or sponsors of events, artist representatives and fan clubs and others who are involved in or bring you events. When you use our Website, you consent to allow us to provide your PII to these event providers and their contractors. We share this information so these event providers may send you announcements and notifications of events, products or services that might be of interest to you. For further information, please see the "Opt-Out Policy" section below.

Public Forums and Other Interactive Features.

Please be aware that when you disclose PII through a chat room, forum, message board, news group or Facebook feature on the Website, the information may become public and accessible to all or a part of the Website community, so it is important for you to exercise discretion and appropriate caution when deciding to reveal PII in these areas. In addition, when you choose to make a posting on such services, certain PII may be available for other users to view. We urge you to exercise discretion and caution when deciding to disclose your PII, or any other information, on the Website. WE ARE NOT RESPONSIBLE FOR THE USE OF ANY PII YOU VOLUNTARILY DISCLOSE THROUGH THE WEBSITE VIA THESE FORUMS AND OTHER INTERACTIVE FEATURES. Please note that we reserve the right, but have no obligation, to republish content posted in a chat room, forum, message board or news group (including any PII contained therein) as further set forth in our User Agreement.

In the event that you encounter any Website user who you believe is improperly collecting or using information about you or other users, please contact us at [email protected].

To request the removal of your PII from these public forums, please see the "Accessing, Updating or Deleting Information Collected About You" section below. In some cases, we may not be able to remove your personal information, in which case we will let you know if we are unable to do so and why.

Other Purposes.

We also may disclose your information:

In response to a subpoena or similar investigative demand, a court order, or a request for cooperation from law enforcement or another government agency; to establish or exercise our legal rights; to defend against legal claims; or as otherwise required by law. In such cases, we may raise or waive any legal objection or right available to us.

When we believe disclosure is appropriate in connection with efforts to investigate, prevent, or take other action regarding illegal activity, suspected fraud or other wrongdoing; to protect and defend the rights, property or safety of our company, our users, our employees, or others; to comply with applicable law or cooperate with law enforcement; or to enforce our Website terms and conditions or other agreements or policies.

In connection with a corporate transaction, such as the reorganization or sale of our business, a divestiture, merger, consolidation or asset sale, or in the unlikely event of bankruptcy.

Do we ever transfer your data outside of Europe?

We may transfer your data outside of Europe. For example to our parent company in the US. We process, transfer and access your Personal Information through our systems in the UK and outside the European Economic Area (EEA), such as in the United States.

Regardless of where we process your information, we will take appropriate steps to ensure the adequate level of protection for your information in other countries outside the UK or EEA including the USA, where data protection laws may not be as comprehensive as the UK or EEA.

Where we do this we will safeguard your privacy and ensure that the model contractual clauses approved by the EU Commission are in place between us and the recipient in that country before any transfer takes place. If you would like to know more about this then please do not hesitate to contact us.

Is it necessary for me to provide PII to enjoy your services?

The nature of the services that we offer means that we need to collect PII from you in order to be able to provide services to you and to fulfil our obligations under those services. For example we will need to know your name, email address, postal address and credit card details so that we can communicate with you, take payment for any transactions that you decide to make and send any tickets that you order out to you.

Collection of Information By Third Parties

Co-Branded Pages.

We may enter into relationships with "powered by" partners, business partners, sponsors, and co-branded Websites (referred to here as "co-branded pages"). These might include, for example, pages that share our name and that of another entity. There may be a specific privacy policy on any such co-branded page. Any PII that you provide when signing up at any co-branded page may be collected by, or shared with, our third party partner. We have no control over, and are not responsible for, our third party partners' use of your PII. If you want to learn more about other entities' privacy practices, please review the websites of those third parties.

Transactions With E-Commerce Partners, Vendors and Advertisers.

When you provide PII to one of our Website's e-commerce partners, vendors or advertisers, this transaction will occur in connection with the Website of the e-commerce partner, vendor or advertiser, not on the Website, and, as such, the PII you provide is collected pursuant to and controlled by the privacy policy of such e-commerce partner, vendor or advertiser. Pogoseat is not responsible for such parties' privacy policies and we encourage you to familiarize yourself with the applicable privacy policy of the e-commerce Website with which you transact business or to contact the operator of such Website for more information.

Please be aware that at times, at the request of or on behalf of our e-commerce partners, vendors or advertisers, Pogoseat may "pre-populate" forms with your PII for your review, and, if you so choose, for submission to such e-commerce partners, vendors or advertisers. Accordingly, we encourage you to review each pre-populated form carefully before agreeing to submit your PII to determine who is seeking to collect your information, and to familiarize yourself with the applicable privacy policy governing use of any PII collected about you.

Job Postings.

If you apply for a position with Pogoseat and submit your personal information through our Website, the information you submit will be used only in connection with considering and acting upon your application. We may retain your personal information for a period of time, but only for the purpose of considering your application for current or future available positions.

If you choose to respond to a job posting on the Website, you may be directed to a third-party Website (for example, a third-party Website specializing in job postings, such as Monster.com). Any PII you provide will be collected by such third party. We have no control over, and are not responsible or liable for, such third party's use of your PII. Please consult such third party's privacy policy for information regarding their privacy practices.

The third party collecting your PII will share such PII with Pogoseat so that Pogoseat can review your information and, if applicable, respond to your query or job application. Please note that Pogoseat has no obligation to respond to all queries or job applications submitted. Any PII that Pogoseat receives from such third party will be treated in accordance with this Privacy Policy.

Third Party Links.

The Website may contain links to third-party Internet websites, which are not owned or operated by Pogoseat. We provide such links only as a convenience, and the inclusion of a link on the Website does not imply endorsement of the linked Website by Pogoseat. If you provide any PII through any such third-party website, your transaction will occur on such third party's website (not the Website) and the PII you provide will be collected by, and controlled by the privacy policy of, that third party. We are not responsible for the privacy practices or the content of such third-party websites, including such websites' use of any PII that you provide to them. We strongly encourage you to become familiar with the privacy practices of those Websites.

Opt-Out Policy

Pogoseat Communications.

When you supply Pogoseat with PII, from time-to-time, in Pogoseat's discretion, you may be asked to indicate whether you are interested in receiving alert notification for when upgrades go live via email and/or SMS text messaging. Where you authorise us to we may, from time to time, send you such marketing communications.

If you sign up to receive promotional materials from us via email we will use the information you give us to provide the communications you have requested. If you inform us that you wish to cancel email promotional materials by selecting “unsubscribe” at the bottom of such communication or by emailing us at [email protected], we will remove you from our mailing list.

You may opt out of any alerts by replying with the text "STOP" to such alert or sending the message "STOP" in the text message you received . If you send the text "STOP", you will no longer receive any text messages including, without limitation, advance notices of ticket sales. After you send the SMS message "STOP" to us, we will send you an SMS message to confirm you have been unsubscribed. After this, you will no longer receive SMS messages from us.

We will make every attempt to remove your mobile telephone number from the Pogoseat text database as soon as possible, but please allow up to ten (10) days. If we already provided your information to a third party (such as an event provider) before you changed your preferences or updated your information, you may have to change your preferences directly with that third party as well.

For additional help, email [email protected] If you are unable to send a text message, you agree that you will send an email to [email protected] with the subject line of "STOP" along with your mobile number in the subject heading of the email.

Affiliate and Third Party Communications.

Where you have provided your consent you may receive offers directly from our affiliates and/or from third parties. Where you authorise us to any PII provided to Pogoseat for such purposes may be shared with our affiliates and such third-party partner(s), to allow our affiliates and/or such third parties to provide you with such offers. If you would prefer that we no longer share your PII with our affiliates and/or with third parties for their marketing purposes, you may opt-out of such future sharing at any time by following the procedure above, provided however, you may not be able to opt out of certain third party offers that are displayed on our Website.

Use of This Website by Children.

Pogoseat takes special care to protect the safety and privacy of children. While our Website is a general audience website. we do not permit anyone under the age of 13 to register with us. We also do not send email correspondence to anyone who tells us that they are under the age of 13.

Children under the age of 13 should always ask their parents or guardians for permission before providing any contact information to anyone online. We urge parents and guardians to participate in their children's online activities and use parental control or other web filtering technology to supervise children's access to the Internet. Please see our User Agreement for additional information regarding the use of this Website by minors.

Policy Changes

If we decide to change our privacy policy in whole or in part, we will inform you by posting a notice on our Website.

Where the changes to our Privacy Policy are minor and do not adversely affect your privacy for example where we need to reflect changes in relevant laws and regulatory requirements or where we need to implement minor technical adjustments then we will notify you that these changes are coming into effect.

Where the changes to our Privacy Policy are more serious or might adversely affect your privacy then we will give you notice of the change and give you a reasonable opportunity to terminate your contract with us before these changes come into effect. Examples of changes that might fall into this category include a change to the purposes for which we process your PII.

Effective Date: May 17th, 2018

© 2018 Pogoseat, Inc. All rights reserved.

ANNEX - Non-Personally Identifiable Information.

When you visit and interact with the Website, Pogoseat and third parties with whom we have contracted to provide services may collect Non-PII (for example, a catalog of the Website pages you visit). Non-PII is anonymous and does not identify you personally. Non-PII is generally collected through the Website from four different sources: Internet protocol addresses and web logs; cookies; pixel tags and other similar technologies; and other Non-PII that you voluntarily provide (as explained below). In addition, if you opt in to use our Website from your mobile device so that you can improve your seating at an event, we will receive information about your actual location (such as GPS signals sent by your mobile device) or information that can be used to approximate a location (such as a cell ID).

IP Protocol Addresses and Web Logs.

This Website's web servers automatically collect the Internet Protocol (IP) addresses and log files of visitors. Your IP address is an identifying number that is automatically assigned to your computer by your Internet Service Provider (ISP). This number is identified and logged automatically in our server log files whenever you visit the Website, along with the time(s) of your visit(s) and the page(s) that you visited. This information is collected in an aggregate form only and does not contain any PII. We use your IP address, and the IP addresses of all users, for purposes such as calculating Website usage levels, helping diagnose problems with the Website's servers, and administering the Website. Collecting IP addresses is standard practice on the Internet and is done automatically by many websites. In addition to the Non-PII usage of IP Addresses described above we also may link your IP address to personally identifiable information for fraud prevention purposes.

Cookies.

We and our third party service providers may use a standard technology called a "cookie" to collect information about how you use the Website. Cookies reside on your computer or mobile device and help the Website recognize your browser as a previous visitor. For example, when you sign in to your Text-To-Buy account, cookies will be used to save your email address and name so the next time you visit your account from the same device we will "remember" your email address and name in order to make your experience faster and simpler. On occasion our Website may also set a "session cookie" which helps us administer the Website. The session cookie expires when you close your browser and does not retain any information about you after it expires. If you do not want information collected through the use of cookies, you should be able to modify your browser preference to provide you with choices relating to cookies. If you choose to reject cookies, you may be unable to use certain Website services (e.g., those services that require you to log on to the Website in order to participate).

Google Analytics sets cookies to help us accurately estimate the number of visitors to the Products and the volumes of usage of the Products. This is done to ensure that the Products are available when you want them and are fast. For more information on how Google Analytics processes this information, visit www.google.com/analytics.

We use Stripe as a payment provider who use cookies and other similar technologies to help us ensure that our Services function properly, prevent fraud. For more info on Stripe's cookie policy, please visit https://stripe.com/cookies-policy/legal.

Pixel Tags.

We and our service providers may also use so-called "pixel tags," "web beacons," "clear GIFs" or similar means (collectively, "Pixel Tags") in connection with some Website pages and HTML-formatted email messages to track your use of our website in order to provide you with more useful information and a more personalized experience the next time you visit. A Pixel Tag is an electronic image, often a single pixel (1x1), that is ordinarily not visible to Website visitors and may be associated with cookies on the visitors' hard drives. Pixel Tags do not contain any PII and allow us to count users who have visited certain pages of the Website, to deliver branded services, and to help determine the effectiveness of promotional or advertising campaigns. When used in HTML-formatted email messages, Pixel Tags can tell the sender whether and when an email has been opened.

OpenID.

Portions of our Website allow you to log in using an OpenID provider. These services will authenticate your identity and provide you the option to share certain personal information with us such as your name and email address to pre-populate our forms. OpenID services give you the option to post information about your activities on this Website to your profile page to share with others within your network.

Use of Non-Personally Identifiable Information.

Because Non-PII does not personally identify you, we may use such information for any purpose. For example, we may use Non-PII to measure the number of visits, average time spent on the Website and pages viewed as well as to diagnose problems with our servers and to administer the Website. We may then use this information to analyze and improve the features and functionality of this Website. We may use non-PII information about you and other Website visitors to sell and deliver advertising, promotions and content that we believe will be of interest to you. We may use third-party companies and networks to help us deliver this customized advertising to you based on your behavior on our Website. All information and data collected for those services is anonymous and cannot be used to identify you individually, but allows us to deliver online advertising that is more likely to be relevant and useful to you. To learn more about online behavioral advertising, visit www.networkadvertising.org/managing/learn_more.asp If you would prefer not to receive ads delivered to you based on your behavior on our Website, please visit "http://www.networkadvertising.org/managing/opt_out.asp"

In addition, we reserve the right to share such Non-PII with third parties, for any purpose. For example, we may share information with advertisers or other third parties on an aggregate or other basis that does not disclose any of your PII.

In some instances, we may combine Non-PII with PII (such as embedding email addresses in cookies). If we do combine any Non-PII with PII, the combined information will be treated as PII. This "combined" PII is not shared with third parties, except as described in this Policy.