Privacy Policy

This privacy policy (the “Privacy Policy”) is made effective as of November 1, 2023.

INTRODUCTION

Your privacy is very important to Boots and Hearts Festival LP and its affiliate and subsidiary companies (individually and collectively “Boots and Hearts”, “we”, “our”, etc.). Unless otherwise specified, this Privacy Policy applies to all of the websites operated by Boots and Hearts including without limitation, www.republiclive.com, www.bootsandhearts.com and www.burlscreek.com (individually and collectively, the “Website“); or in our mobile applications (the “Apps”), on our social media sites (the “Social Media Sites”), offline at our events and in connection with our products and services (collectively the “Products and Services”).

To better protect the privacy of your Customer Information, as defined below, this Privacy Policy explains how Boots and Hearts may collect, use, store and disclose certain of your information when you access and use the Website, the Apps, the Social Media Sites, and/or our Products and Services and the choices you can make about the way your information is collected and used. In collecting Customer Information, Boots and Hearts’ primary goal is to provide and improve its products and services.

Please review the Privacy Policy carefully. By using our Website, Apps, Social Media Sites and/or Products and Services, you consent to the collection, use, disclosure and retention of the Customer Information, the terms of this Privacy Policy and the accompanying Terms of Use located at http://bootsandhearts.com/terms-of-use/ (the “Terms”), which are incorporated herein by reference. If you do not agree to the terms of this Privacy Policy or the Terms, as each of them may be amended from time-to-time, please do not use the Website, Apps, Social Media Sites and/or Products and Services.

COLLECTION OF CUSTOMER INFORMATION

Boots and Hearts collects information about you when you use and access the Website, Apps, Social Media Sites and/or the Products and Services. The information collected includes Personal Information, Message Data, and Traffic Data (collectively, “Customer Information”). “Personal Information” is information that identifies you as an individual, like your name, address, email address, account user name, city, postal code, province/state or country of residence, phone numbers, work experience (in the case of employment applications you submit), personal preferences and opinions, and information that is not otherwise publicly available. “Message Data” includes the messages sent and received using Boots and Hearts’ services, as well as information you post or send us on the Website, Apps or Social Media Sites (e.g. through direct messages), information about those messages and your account activity, such as login times and message storage capacity. “Traffic Data” is anonymous and aggregate information about the nature of your usage of the Website, Apps and/or Social Media Sites and can include IP addresses, domain servers, referring/exit pages, operating system, date/time stamp, clickstream data, type of computer or mobile phone, language preference, type of web browser, amount of time spent on particular pages, sections of the Website visited, one or more cookies that identify your browser, and telecommunications carrier information, and in the case of our Apps, your GPS location or type of mobile device.

COOKIES

Cookies are small packets of data that a website stores on your computer’s or mobile device’s hard drive so that your computer can “remember” information about your visit. Boots and Hearts may use both session cookies (which expire once you close your web browser) and persistent cookies (which stay on your computer until you delete them) to help us collect Traffic Data and to enhance your experience using the Website. When you visit the Website, Boots and Hearts may send cookies to your computer that uniquely identify your browser. Boots and Hearts uses cookies to improve the quality of Boots and Hearts’ service by storing user preferences and tracking usage information. At no time does the cookie reveal your name, address, or email address (even if you have entered that information in specific areas of the Website). Most browsers allow you to disable cookies or set your browser to alert you when cookies are being sent to your computer. If you reject or disable cookies, you may not be able to utilize certain Products and Services or may not be able to access all areas of the Website.

Boots and Hearts may use Customer Information and other feedback or information you may provide to us to do the following: (a) better design and enhance your use of the Website, Apps, Social Media Sites and/or Products and Services by processing such information for certain purposes (e.g., formatting and displaying elements of Personal Information and Message Data to you and to those whom you send messages); (b) customize and deliver advertisements and related links; (c) store your messages; (d) inform you about, and administer, Boots and Hearts’ contests, promotions, products, services, events and announcements; (d) use “push notifications” and your location information on our Apps to alert you of upcoming events in your area; and (f) for other purposes relating Boots and Hearts products and services.

If we desire to use Personal Information for any purposes other than those described in this Privacy Policy, we will seek your consent to such use of your Personal Information for those other purposes.

OPTING IN AND OPTING OUT OF EMAILS/TEXTS

If you opt-in to receive marketing emails or texts from us, you may unsubscribe at any time by following the instructions in the promotional message you receive. You may also check your device settings to turn off push notifications. But please note that even if you unsubscribe, you will continue to receive transactional or service emails from us (e.g., relating to your ticket order or your account) from us or our third party service providers.

DISCLOSURE OF PERSONAL INFORMATION TO THRID PARTIES

Boots and Hearts does not disclose your Personal Information to third parties, except when one or more of the following conditions is true:

· Boots and Hearts has the individual’s permission to make the disclosure

· The disclosure is permitted or required by law, legal process, court order, litigation and/or requests from public and/or governmental authorities within or outside of your country

· If we determine that, for purposes of national security, law enforcement, or other issues of public importance, disclosure is necessary or appropriate

· The disclosure is reasonably related to the sale or other disposition of all or substantially all of Boots and Hearts’ business or assets or in connection with a corporate merger, consolidation, or other corporate reorganization including, without limitation, during the course of any due diligence process.

· The Personal Information to be disclosed is publicly available

· The party to whom the disclosure is made controls, is controlled by, or is under common control with Boots and Hearts

· The disclosure is to persons or entities for whom Boots and Hearts is providing or receiving goods or services, provided the disclosure is consistent with the purpose for which the Personal Information was obtained

· Boots and Hearts may share with third parties certain Traffic Data, but such information will not identify you individually

· The disclosure is reasonably necessary to enforce our Terms, to protect our operations and/or users, or to prevent fraud, misappropriation, infringement, identity theft, and other illegal activities and misuse of the Website, the Apps, Social Media Sites and/or Products and Services; or

· Boots and Hearts may share your Personal Information and/or Message Data with a third party if you have consented to receive information from that third party through registration, such as our advertisers, business partners, Festival-related affiliates and sponsors and third parties who perform services on our behalf. Such third parties will handle, store, retain and access such user information in accordance with the terms and conditions of their agreements with you, if any, as well as their own privacy policies (see section on Third Party Contractors)

SOCIAL MEDIA SITES/ THIRD PARTY ANAYLITICS

By accessing or using the Social Media Sites we may receive and use Customer Information as permitted hereunder and in accordance with the user agreement and privacy settings on the applicable Social Media Sites. In addition, usage analytics through Google Analytics may be collected.

THIRD PARTY WEBSITES

As a convenience to you, Boots and Hearts may provide links to third-party websites or applications from within the Website, the Apps, the Social Media Sites and/or Products or Services. This Privacy Policy does not apply to these sites and applications and Boots and Hearts is not responsible for their content or privacy practices. Please review the privacy policies and terms of service of those other sites carefully and if you do not agree to their policies, please discontinue using such sites.

THIRD PARTY CONTRACTORS

Boots and Hearts engages third party vendors to perform functions on our behalf, such as: (a) assisting with our operations, including but not limited to, the sale of tickets (e.g., Front Gate, Inc.); (b) managing our database; (c) Website, App, Social Media Sites hosting or design; (d) analyzing and processing data; (e) sending you marketing and promotional offers, newsletters or administering contests (with your consent); (f) sending requested postal mail, email and SMS communications; and (g) providing customer service or performing other administrative services to assist us. We may also use third party analytics and other service providers to help us gather and analyze information about the areas that you visit on the Website or Apps in order to evaluate and improve the user experience. Such third party vendors may set and

access tracking technologies on your device and they may otherwise collect or have access to Customer Information about you needed to perform or improve functions and may also send their own cookies to you, collect your data or solicit your Customer Information, but Boots and Hearts will not authorize them to use it for other purposes. Boots and Hearts requires that these third parties agree to use such Customer Information in compliance with applicable privacy laws and other appropriate confidentiality and security measures. However, please note that Boots and Hearts is not responsible for the actions and/or privacy policies of third parties or their websites and this Privacy Policy does not apply to information collected by these third parties. Please review the privacy policies and terms of service of these third party sites carefully and if you do not agree to their policies, please discontinue using such sites.

THIRD PARTY CONTRACTORS

Boots and Hearts follows generally accepted industry standards and maintains reasonable physical, electronic, and procedural security measures to try to ensure the confidentiality and security of Customer Information under our control. Boots and Hearts limits access to Customer Information to Boots and Hearts personnel who need to come into contact with that information to provide products or services to you or in order to do their jobs. Despite these efforts, Boots and Hearts cannot fully guarantee the security of its databases (or the databases of the third parties with which we may share such information). We encourage you to use caution when you use the Internet. For example, we recommend that you do not share your account passwords. If you think that an unauthorized account has been created using your name, or your Personal Information has been accessed without permission, please contact us at the address below.

RETENTION OF CUSTOMER INFORMATION

We retain your Customer Information as long as it is reasonable, necessary and relevant for our operations and to fulfill our obligations and as set out in this Privacy Policy, including but not limited to, in connection with a transaction or promotion, unless a longer retention period is required or permitted by laws, rules, regulations or court orders. In addition, we may retain Customer Information as needed to comply with our legal and regulatory obligations, to resolve disputes, to investigate or prevent fraud and other inappropriate activity, to enforce our agreements, and for other business reasons.

PRIVACY OF MINORS

Protecting the privacy of minors is especially important. We encourage parents and legal guardians to monitor their children’s Internet usage and to help enforce our Privacy Policy. Use of this Website by minors between the age of 13 and the age of majority in their province or territory of residence should only be done under the supervision of their parent or legal guardian. In addition, none of the Website, Apps nor Social Media Accounts are directed to children under the age of 13. Boots and Hearts never knowingly collects or maintains Personal Information at the Website, Apps or Social Media Sites from those under 13. If you believe a child has provided Personal Information to us, please contact us at [email protected]. If Boots and Hearts discovers that a child under the age of 13 provided information, Boots and Hearts will promptly delete such Personal Information in a secure manner.

CHANGES TO THIS PRIVACY POLICY

Boots and Hearts reserves the right, at its discretion, to revise this Privacy Policy at any time by posting such changes on the Website. Any such changes will be effective immediately upon posting on the Website. Please check this policy periodically for changes. Your continued use of the Website, the Apps, the Social Media Sites and/or any Products and Services following the posting of such changes will mean you accept those changes.

STORAGE OF CUSTOMER INFORMATION AND DATA TRANSFER

Customer Information may be stored and accessed on servers outside of Canada, such as in the United States, or in the cloud where it will be subject to the law of the jurisdiction(s) in which it resides. For example, when we engage a service provider outside of Canada, Customer Information may be stored, accessed, or used in the country where the service provider is located, or from which it provides services. As a result, Customer Information may be subject to the local laws of the jurisdictions within which it is collected, used, disclosed and/or stored, and you may not have the same rights and protections as you do under Canadian laws.

You have the right to access, update and correct inaccuracies in your Personal Information in our custody and control, subject to certain exceptions prescribed by law. If you become aware that the Personal Information Boots and Hearts maintains about you is inaccurate; if you would like to update or review your Personal Information; if you have any questions or comments regarding this Privacy Policy or Boots and Hearts’ information collection practices, please contact us by sending an email to [email protected] or by writing us at Privacy Officer, Boots and Hearts Festival LP 329 Line 8 South, Oro-Medonte ON L0L 2E0. Please do not include your credit card number or other sensitive Customer Information in your email.

OFFICE OF PRIVACY COMMISSIONERS OF CANADA

The Office of the Privacy Commissioner of Canada oversees our handling of personal information practices. If any privacy concerns are not addressed to your satisfaction or you have questions about privacy laws, you may contact the Office of the Privacy Commissioner of Canada for further guidance:

By Phone: 1-800-282-1376 Email: [email protected] Website: www.privcom.gc.ca

PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE PROCEEDING. PLEASE DO NOT REGISTER YOUR RFID WRISTBAND IF YOU DO NOT AGREE TO THESE TERMS OF USE.

By registering your Boots and Hearts Festival LP (“Boots and Hearts”), RFID wristband on Boots and Hearts’ Festival website (with links to be directed from the website or provided otherwise to you) or through the Boots & Hearts Festival smartphone application, and clicking “I agree” on the registration page, you, the RFID wristband holder (“you” or the “Holder”) agree to be bound by the terms and conditions set out below governing the use of the radio-frequency identification technology used for festival entertainment, registration prize, and sponsor activities (the RFID Technology) at the Boots & Hearts Festival (the “RFID Terms of Use”).

These RFID Terms of Use are issued by Boots and Hearts LP., of 329 Line 8 South, Oro-Medonte ON L0L 2E0 and the Holder’s acceptance of them constitutes a legally valid and binding agreement between Boots and Hearts and the Holder.

1. RFID Technology

· The RFID Technology is provided by ___of ___ (the “Provider”).

· Although Boots and Hearts will attempt to ensure that RFID Technology is available to Holders at all times during the Boots & Hearts Festival, the Holder acknowledges and accepts that Boots and Hearts cannot guarantee that this will be the case.

· Boots and Hearts makes no representation, warranty or guarantee (express or implied) in relation to the fitness for purpose, accuracy, functionality, reliability or completeness of the RFID Technology. Further, the Holder acknowledges and agrees that it may not be commercially viable to continue operating the RFID Technology and that, by the RFID Technology’s nature, it contains and utilizes software and hardware components, and relies upon services, input and facilities which are not within Boots and Hearts’ control. Accordingly, the Holder acknowledges and agrees that the RFID Technology may cease to operate permanently or, from time to time and Boots and Hearts will have no liability, and the Holder will have no recourse or claim, in relation thereto.

2. Registration and Holder Data

· In order to use the RFID Technology, the Holder will be required to register certain information with Boots and Hearts. As part of that registration process, Boots and Hearts shall gather certain personal data from the Holder including, without limitation, the Holder’s name, age, date of birth, gender, place of residence, email address and such social media information and content that Boots and Hearts requires to enable it to provide the Holder benefits contained in these RFID Terms of Use (for example social media usernames and passwords) (the “Holder Data”). This information will be handled and protected as set out in Boots and Hearts’ Privacy Policy.

· The Holder warrants and represents that the Holder Data provided is complete, true and accurate in all material respects and the Holder is fully entitled to provide such Holder Data and permit Boots and Hearts to use the Holder Data as set out herein.

· Subject to Boots and Hearts’ Terms of Use (the latest version of which can be found at: http://bootsandhearts.com/terms-of-use/ and Boots and Hearts’ Privacy Policy, the latest version of which can be found at http://bootsandhearts.com/privacy-policy/ and applicable privacy laws, the Holder further agrees that Boots and Hearts may share Holder Data with its Boots & Hearts Festival commercial partners (“Commercial Partners”) who may also contact the Holder for marketing purposes, provided that the Holder has used the RFID Technology to interact with the relevant Commercial Partner through participation in that Commercial Partner’s activities at the Boots & Hearts Festival and consented to receive such marketing messages. Boots and Hearts will not share social media usernames and passwords with any Commercial Partner or third party.

· Boots and Hearts does not knowingly collect Holder Data of Holders under the age of thirteen (13).

3. Consents

· If the Holder is between the age of thirteen (13) and eighteen (18) years old, the Holder must ensure that the Holder has parental or guardian consent to use the RFID Technology (including in relation to the relevant registration process described above).

· Boots and Hearts reserves the right to request from the Holder evidence of any parental or guardian consent and further retains the right to suspend or cancel any Holder registration where Boots and Hearts reasonably believes that parental or guardian consent has not been provided.

4. Privacy

· Boots and Hearts’ use of Holder Data shall be governed by these Terms of Use and Boots and Hearts’ Terms of Use and Privacy Policy. In the event of a conflict between Boots and Hearts’ Terms of Use and Privacy Policy and the RFID Terms of Use, the RFID Terms of Use, as applicable, shall prevail, but only to the extent of such conflict.

· Without prejudice to the immediately preceeding clause, certain non-sensitive Holder Data (e.g., social media content, photos and messages) may be used by Boots and Hearts as part of the Boots & Hearts Festival activities (including, without limitation and by way of example, on giant screens or as part of Boots & Hearts Festival announcements) in connection with the Holder’s use of the RFID Technology. Accordingly, the Holder must not upload or use any obscene, defamatory or blasphemous materials either as part of the registration process or pursuant to the Holder’s use of the RFID Technology.

· Boots and Hearts reserves the right to suspend or cancel any Holder registration or use of the RFID Technology in the event that the Holder breaches its obligations pursuant to clauses contained elsewhere herein, or for any commercial reason at its sole discretion.

5. Holder Benefits

· By accepting these RFID Terms of Use and registering with Boots and Hearts and the Boots & Hearts Festival, the Holder may be entered to win the Registration Prizes identified on the Boots & Hearts Festival website (website info to come), and will be able to use the RFID Technology to participate in activities at the Boots & Hearts Festival including (without limitation and at Boots and Hearts’ sole discretion):

(i) the automatic/automated posting of messages and photographs to the Holder’s social media accounts (including without limitation, Facebook, Twitter, YouTube, or Instagram) via the RFID wristband; and

(ii) receiving requested emails about the Boots & Hearts Festival and Boots and Hearts’ goods and services.

(iii) Boots and Hearts reserves the right to withdraw and/or change the aforementioned Holder benefits (the “Holder Benefits”) at any time without any liability or recourse to it.

6. Social Media

· Boots and Hearts and its Commercial Partners may make photographers available at the Boots & Hearts Festival who are equipped with, or otherwise may install automated, RFID-enabled camera equipment which allows digital photographs to be taken (including of the Holder) and posted to the Holder’s social media accounts or sent to the Holder via email (the “RFID Images”) These RFID Images may also feature branding of the Boots & Hearts Festival, or Commercial Partners’ logos and artwork at Boots and Hearts’ sole discretion.

· The Holder acknowledges and agrees that Boots and Hearts owns the copyright and any other intellectual property rights in the RFID Images and as such Boots and Hearts and its Commercial Partners may choose to use the RFID Images on their websites, live blogs or social media accounts or otherwise in their sole discretion. To the extent that any copyright or other intellectual property rights remain with the Holder, the Holder hereby assigns any and all copyright and intellectual property rights in and to the RFID Images to Boots and Hearts and/or its assigns.

· By accepting these RFID Terms of Use, the Holder hereby waives any right to inspect or approve the RFID Images or their subsequent use, and hereby waives all moral rights and any right to royalties or other compensation arising from or related to the use of the RFID Images.

· The Holder hereby releases, defends, indemnifies and holds harmless Boots and Hearts, its management, promoters, participants, performers, artists, the ticketing agency (collectively “Management”), all of their owners, officers, directors, employees, contractors, representatives, affiliates and agents, and Boots and Hearts’ Commercial Partners, and the Provider (individually and collectively, the “Releasees”), from and against any claims, damages, losses or other liabilities arising from or in connection with the use of the RFID Images including, but not limited to, claims of defamation, invasion of privacy, or rights of publicity or copyright infringement, or any misuse, distortion, blurring, alteration, optical illusion or use in composite form that may occur or be produced in taking, processing, reduction or publication of the RFID Images on social media channels or Boots and Hearts’ or Commercial Partners’ websites, social media accounts or blogs.

7. Liability

· The Holder acknowledges and agrees that the Releasees shall bear no liability for any and all losses, claims, liabilities, damages, costs and expenses resulting from or in connection with the use of the RFID Technology, the exercise of the Holder Benefits (or any failure to provide the same) or participation in any of the Registration Prize competitions

· Subject to the other clauses contained in this Section 7, the Releasees shall not be liable to the Holder for any indirect or consequential loss or damage whatsoever, nor for any loss of profits, business, anticipated savings, goodwill or revenue (whether direct, indirect or consequential).

· The Releasees’ total aggregate liability to the Holder for all claims arising under or in connection with these RFID Terms of Use regardless of form and whether in contract, tort, warranty or other legal or equitable grounds shall under no

circumstances exceed the price of a general admission ticket for the Boots & Hearts Festival.

· Nothing in these RFID Terms of Use shall operate to limit or exclude Boots and Hearts’ liability to the Holder for:

(i) death or personal injury caused by the relevant party’s negligence;

(ii) fraudulent misrepresentation; or (iii) any liability which cannot be excluded or limited by applicable law.

· The Holder agrees to indemnify the Releasees from and against any and all losses, claims, liabilities, damages, costs and expenses resulting from or in connection with the Holder’s use of the RFID Technology, any breach by the Holder of these RFID Terms of Use or the Holder’s participation in any contest or competition (including the acceptance, possession, use or misuse of any prize awarded in connection with the relevant contest or competition).

8. General

· Boots and Hearts shall not be liable for any failure to fulfill any of its obligations under these RFID Terms of Use insofar as such failure is due to any event that is beyond the control of Boots and Hearts including, without limitation, war, riot, civil commotion, strikes, governmental control, royal bereavement, lock-outs, fire, flood, storm or other natural catastrophe or act or cause beyond Boots and Hearts’ reasonable control.

· Subject to applicable law, Boots and Hearts is entitled, in its sole discretion, to suspend and/or cancel a Holder’s registration, use of the RFID Technology, entry into any Registration Prize competition, and/or any Holder Benefit’s, without notice and to prohibit such Holder from re-registering to use the RFID Technology.

· If any of the terms of these RFID Terms of Use are determined to be illegal, invalid, or otherwise enforceable then the remaining terms shall continue in full force and effect. These RFID Terms of Use may be amended from time to time by Boots and Hearts in its sole discretion.

· These RFID Terms of Use (and any non-contractual obligations arising out of them) shall be governed by and construed in accordance with the laws of the Province of Ontario, without regard to its conflicts of laws principles.