Privacy Policy

1. PERSONAL INFORMATION WE COLLECT FROM YOU

2. DATA PROCESSING, PURPOSES AND LEGITIMIZATION

3. RECIPIENTS OF THE INFORMATION

4. LINKS AND COOKIES

5. SECURITY MEASURES

6. INTERNATIONAL DATA TRANSFERS

7. PERIOD OF CONSERVATION OF YOUR PERSONAL DATA

8. YOUR RIGHTS

9. UPDATES TO OUR PRIVACY POLICY

ICON MUSIC, SL. Y T TERCIOS SLU U.T.E. ("UTE"), a company of Spanish nationality with registered office at Paseo de la Castellana 114, 6º 1, 28046 (Madrid) in Spain and Tax ID number U-88346788 and registered in the Special Register for Temporary Joint Ventures of the Ministry of Finance with registration number 2019UTE34670001P and, JARDINES DEL BOTÁNICO, AIE with registered office at Calle Suero de Quiñones, 4 1º C. 28002, Madrid in Spain, with C.I.F number V56675168 and registered in the Mercantile Registry of Madrid, BOTÁNICO JAZZ, AIE with registered office at Calle Suero de Quiñones, 4 1º C. 28002, Madrid in Spain, with C.I.F. number V56697329 and registered in the Mercantile Registry of Madrid and, PARQUE JAZZ, AIE with registered office in Calle Suero de Quiñones, 4 1º C. 28002, Madrid in Spain, with C.I.F. number V56697212 and registered in the Mercantile Registry of Madrid (hereinafter, jointly, "THE CORRESPONDENTS" or "We") will jointly and severally process the personal data derived from your relationship with us.

We are committed to protecting and respecting your privacy as joint controllers. This means that we are jointly responsible for how we use and protect your personal data. This Privacy Policy ("Privacy Policy") sets out the basis on which we process the personal data that we collect from you or that you provide to us when you use our website ("Site"), for example, when you purchase Tickets in accordance with the Site Terms. 

Your personal data will generally be processed by UTE on behalf of both CORRESPONDENTS, except to the extent that the AIEs must process the data to manage the relationship with you as a purchaser of Tickets and/or attendee of an Event. In the event that the AIEs and/or the UTE are terminated, the other CORRESPONDENT entity may continue to process your data for the purposes set forth herein, either alone or in conjunction with any other entity, individual and/or legal entity that is responsible for the production and/or organization of the "Noches el Botánico" Festival (the "Festival") or any other entity that replaces it. The UTE will be responsible, on behalf of both CORRESPONDENTS, for satisfying any of the personal data rights that you exercise, as provided below in section 8 of this Privacy Policy

For any question related to the processing of your personal data, you can contact our data protection officer at the following e-mailelectrónico:hola@nochesdelbotanico.com.

1. PERSONAL INFORMATION WE COLLECT FROM YOU

We will process your data through your interaction with the Site and during the course of your navigation on the Site. 

  1. Personal information that you provide to us when you purchase tickets on the Site. This information includes first name, last name, email, telephone, address, payment details, etc.
  2. Identifying or contact data collected through the "Help" form provided on the Site, including your name and surname, e-mail address, etc.
  3. Identifying or contact data collected through the "Help" form provided on the Site, including your name and surname, e-mail address, etc.
  4. Data collected through cookies. With them we process data associated with each visit you make to our Site, this includes IP address, date and time of connection, if applicable, login, server query, web pages viewed or applications used, domain name (URL), sections visited within the web, volume of data used, etc.. For more details on how we use these cookies and how to configure them, please see our Cookies Policy.
  5. Information you provide to participate in the Festival through the "Help" form. If you are a potential candidate for employment with Us and send Us your resume through the contact means on this Site, We will treat your name and title, your contact information, including email address, as well as your age if provided, your education, employment history and similar matters and information that you may provide to Us.


2. DATA PROCESSING, PURPOSES AND LEGITIMIZATION

In general, your data will be processed in connection with the management of those services you have contracted from the UTE and/or to manage the relationship established with the AIEs when purchasing a Ticket, as well as to exploit and/or use the recordings made of the Event in accordance with the provisions of the applicable conditions. Specifically, we will process your personal data in accordance with the following purposes and with the following bases of legitimacy: 

  1. For the purchase of Tickets on the Site. The processing of your data is necessary for the performance of the contract for the provision of services. Some data processing may be activated only when you authorize us to do so, as in the case of the storage of your payment information to facilitate the purchase of future tickets on the Site.
  2. To manage your registration as a user on the Site, if this functionality is enabled. The processing of your data is necessary for the execution of the contract that binds you to UTE (the terms that regulate the use of the Site).
  3. To make your requests viable. To be able to respond to your queries, process them and attend to your requests, the legal basis being our legitimate interest in attending to your requests. 
  4. In order to send you information regarding the Site and changes to our terms, conditions and policies, our legitimate interest in keeping you informed being the legal basis for the processing.
  5. To send you marketing communications about content and additional information that may be of interest to you, if you have indicated that you are interested in receiving them, being your consent what legitimizes the treatment. Remember that, at any time, you can tell us that you do not want to continue receiving our commercial communications, directly in the same email of the Newsletter, by clicking on "unsubscribe" at the bottom of the email itself or by contacting us at the email address that we indicate at the beginning of this Privacy Policy.  
  6. To send you marketing communications about products or services similar to those initially contracted, the legal basis being our legitimate interest in keeping you informed about new festivals that may be of interest to you. Remember that at any time you can tell us that you no longer want to receive our commercial communications, directly in the same email of the Newsletter, by clicking "unsubscribe" at the bottom of the email itself or by contacting us at the email address that we indicate at the beginning of this Privacy Policy.
  7. For the exploitation of recordings of the Events in accordance with the provisions of the relevant conditions; this treatment necessary to manage the contractual relationship by which the possibility of making such recordings is agreed, as well as on the basis of our prevailing legitimate interest in being able to exploit and publicize the Events organized by the UTE and/or the AIEs.
  8. To carry out our business purposes. To identify usage trends, for example, to understand which parts of our Site are of most interest to users so that we can focus on delivering what users want based on our legitimate interest in optimizing the use of the Site for users.

Although targeting, not profiling, techniques may be used to send you only advertising based on your interests, no profiling techniques will be adopted. Therefore, your personal data will not be subject to automated decisions or profiling. 


3. RECIPIENTS OF THE INFORMATION 

In addition to the Administration and Public Authorities, to which we may transfer your Data to the extent that we are required to do so by law (on the legal basis of such obligation) or it is necessary and/or convenient for the defense of our legitimate rights (on the basis of our overriding interest in the defense of such rights) we may share your personal data in the following manner:

  1. With the companies of our corporate group, which means our subsidiaries, our parent company and its subsidiaries. The legal basis for this processing is our legitimate interest in ensuring the efficient management of our contractual relationship.
  2. With our third-party service providers, agents, subcontractors and other partner organizations. Typically, these third parties will act as processors under our responsibility. At other times, the legal basis for this processing is our overriding legitimate interest in providing our services as effectively and efficiently as possible.
  3. We may share your Data as part of a corporate transaction, as well as in connection with or during the negotiation of any merger, sale of company assets, financing or acquisition of all or part of our business. We may transfer Data to a third party as one of the business assets in such a transaction. We will notify you by email and/or through a prominent notice on any affected service of any change in ownership of the Site, as well as any choices you may have regarding your Data as a result of the transaction. In this case, the legitimate basis for the processing is our legitimate interest in ensuring the development and/or execution of the transaction.
  4. To protect our rights, property, or safety or that of our affiliates or users, or any third party. The legal basis for the processing of personal data is our overriding legitimate interest in exercising or defending our rights and interests.
  5. We may share part of your Data (specifically your own image) with the general public when this is implied by an intended use of the same under the applicable conditions (such as, for example, in relation to the recordings referred to in the general conditions of the Site); on the basis that this processing is necessary to manage the contractual relationship whereby the possibility of making such recordings is agreed and our overriding legitimate interest in being able to exploit and advertise the Events organized by the UTE and/or the AIEs.

Other than as set out above, and except as necessary to carry out our obligations arising from any contract entered into between you and us, we will not share your personal data with third parties unless we have obtained your express consent to do so or there is a legitimate basis for doing so.


4. LINKS AND COOKIES 

We may use our own or third-party cookies when you browse our Site to improve your browsing experience. These cookies collect information about you and your browsing, including IP address, date and time of connection, if applicable, login, server query, web pages viewed or applications used, IP of the website consulted, web domain (URL), sections visited within the website and volume of data used. To learn more about the Cookies we use on the Site, you can consult our Cookies Policy here.


5. SECURITY MEASURES

We take appropriate measures to ensure that all personal data is kept secure, including security measures to prevent personal data from being accidentally lost, used or accessed in an unauthorized manner. Those who process your personal data are bound by a duty of confidentiality.


6. INTERNATIONAL DATA TRANSFERS

Your personal data may be transferred to a country outside the European Economic Area that has not been declared as having equivalent protection by the European Commission, such as the United States. In such cases, we inform you that we transfer your data with the appropriate guarantees of protection and always maintaining the security of your data, for this, we formalize the standard contractual clauses approved by the European Commission with our suppliers. 


7. PERIOD OF CONSERVATION OF YOUR PERSONAL DATA

In general, We will process your data while the contractual relationship that exists between you and Us is still in force in accordance with the purposes set forth in this Privacy Policy, and, once the contractual relationship is terminated, it will be kept for the time required by applicable law and during the statute of limitations applicable to any actions that may arise from the contractual relationship.

As the only exceptions to the above, (i) when the processing is legitimized by your consent, we will keep the Data until you withdraw such consent; and, (ii) we will process your contact data indefinitely in order to maintain commercial relations with you, unless you express your opposition at any time.


8. YOUR RIGHTS

You have the following rights related to the Personal Data we hold about you:

  1. The right to request access to your personal data and to obtain a copy of the personal data being processed.
  2. The right to request the rectification of incomplete or inaccurate personal data.
  3. The right to request the erasure of your personal data when they are no longer necessary for the purposes for which they were collected or processed; when you have withdrawn your consent and the processing is not based on any other legal basis; or you object to the processing because it was based on legitimate interest or the performance of a task carried out in the public interest, and no other reasons have prevailed to legitimize the processing of your data.
  4. Right to request the limitation of the processing of your data.
  5. The right to the portability of your personal data, in a structured, commonly used and machine-readable format and, where technically feasible, to transmit your data to the controller specified by you
  6. The right to object at any time to the processing of your personal data is processed in the course of a mission carried out in the public interest or on the basis of a legitimate interest.
  7. The right to object to being the subject of decisions made solely by automatic means that produce legal effects concerning you or that significantly affect you in a similar way. 
  8. The right to withdraw at any time the consent previously granted, without such revocation affecting the lawfulness of the processing based on the consent prior to its withdrawal.

In case you consider that we have infringed your rights, we ask you to bring your complaint to the attention of our Data Protection Officer at the address indicated in the Introduction to this Privacy Policy for the UTE or by e-mail to hola@nochesdelbotanico.com.

Likewise, if you consider that data protection regulations have been infringed, you have the right to file a complaint with the Spanish supervisory authority (AEPD), although we encourage you to let us help you first.


9. UPDATES TO OUR PRIVACY POLICY

We reserve the right to modify this Privacy Policy at any time to keep you informed of any changes in the processing of your personal data. 

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