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.
Use of Customer Information
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.
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 Third 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 Analytics
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
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
Privacy of Minors
Storage of Customer Information and Data Transfers
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.
Accessing and Correcting your Personal Information
Office of Privacy Commissioner 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
- RFID Technology
The RFID Technology is provided by Intellitix Holdings Limited of 708-160 St-Viateur, Montréal, Québec H2T 1A8 (“Intellitix”).
- Although Boots and Hearts will attempt to ensure that RFID Technology is available to Holders at all times during the 2018 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.
- Registration and Holder Data
- 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.
- Boots and Hearts does not knowingly collect Holder Data of Holders under the age of thirteen (13).
- 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.
- Without prejudice to clause 4.A, certain non-sensitive Holder Data (e.g., social media content, photos and messages) may be used by Boots and Hearts as part of the 2018 Boots & Hearts Festival activities (including, without limitation and by way of example, on giant screens or as part of 2018 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.
- Notwithstanding clause 4.B, 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 clause 4.B or elsewhere herein.
- Holder Benefits
(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 2018 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.
- Social Media
- Boots and Hearts and its Commercial Partners may make photographers available at the 2018 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 2018 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.
- 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 Intellitix (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.
- 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 clause 7.D, 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).
(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.
- 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.