Mobile application privacy policy.

Consent to installation of the App

Under data protection laws, we are required to provide you with certain information about who we are, how we process your personal data and for what purposes, and your rights in relation to your personal data. This information is provided in this Mobile application privacy policy («Policy») and it is important that you read this information.

By downloading and installing this App and/or registering an account in the App, you confirm your consent to our processing of your personal data (including your name, contact details and device information) as described in this Policy.

How you can withdraw consent

You may change your mind and withdraw consent at any time by contacting us at app@beyond-hospitality.com but that will not affect the lawfulness of any processing carried out before you withdraw your consent and it may affect your usage of the App.

Consent to processing Location Data

By downloading and installing the App you consent to processing of your Location Data (including details of your current location disclosed by GPS technology or any other relevant technology) so that location-enabled Services are activated.

Location Data

ZEST EVENT EXPERIENCES LIMITED (we) are committed to protecting your personal data and respecting your privacy.

Introduction

This policy (together with our end-user licence agreement as set out in our App (EULA) and any additional terms of use incorporated by reference into the EULA, together our Terms of Use) applies to your use of:

• Zest application software (App) available on Google Play Store and Apple App Store (App Site), once you have downloaded or streamed a copy of the App onto your mobile telephone or handheld device (Device).
• Any of the services accessible through the App (Services) that are available on the App Site or other sites of ours (Services Sites), unless the EULA states that a separate privacy policy applies to a particular Service, in which case that privacy policy only applies. This policy sets out the basis on which any personal data we collect from you, or that you provide to us, will be processed by us. This App is not intended for children and we do not knowingly collect data relating to children. Please read the following carefully to understand our practices regarding your personal data and how we will treat it.

Important information and who we are

With regard to the processing of your personal data in connection with use of this App and the associated services, ZEST Event Experiences Limited is the controller and is responsible for your personal data (collectively referred to as “Company”, “we”, “us” or “our” in this policy).

If you have any questions about this privacy policy, please contact them using the details set out below.

Contact details

Our full details are:

• Full name of legal entity: ZEST EVENT EXPERIENCES LIMITED
• Name: Information Security Manager
• Email address: app@beyond-hospitality.com
• Postal address: Copper Beeches Chelford Road, Alderley Edge, Cheshire, United Kingdom, SK9 7TL
• Telephone number: +44 (0) 333 090 2499

You have the right to make a complaint at any time to the supervisory authority for data protection issues in your country of residence. We would, however, appreciate the chance to deal with your concerns before you approach your supervisory authority, so please contact us in the first instance.

If you are located in the EEA, Switzerland or the UK you may contact our data protection representative. Our privacy representative can be contacted via phone number +41 (0) 44 5831461, or email address: app@beyond-hospitality.com.

Changes to the privacy policy and your duty to inform us of changes

We keep our privacy policy under regular review.

This version was last updated on May 16, 2024. It may change and if it does, the new policy may be displayed on- screen, and you may be required to read and accept the changes to continue your use of the App or the Services.

It is important that the personal data we hold about you is accurate and current. Please keep us informed if your personal data changes during your relationship with us.

Third party links

The App may, from time to time, contain links to and from the websites of our partner networks, advertisers and affiliates. Please note that these websites and any services that may be accessible through them have their own privacy policies and that we do not accept any responsibility or liability for these policies or for any personal data that may be collected through these websites or services, such as Contact and Location Data. Please check these policies before you submit any personal data to these websites or use these services.

Co-Branded Websites

If our Website or Mobile Application links to other websites that include our branding, this Privacy Notice does not apply to those other websites. Visitors to those websites are advised to carefully read the notices on those individual websites. Any other website with the ZEST or Beyond Hospitality Branding will have its own applicable privacy policy independent of this privacy policy.

Children’s Online Privacy Protection Act Compliance

Our Services are all directed to people who are at least 18 years old or older. We do not knowingly collect any «Personal Information» (as defined by the U.S. Children’s Online Privacy Protection Act) from anyone under 18 years of age. If we become aware that we have collected the Personal Information of an individual under 18 years of age, we will take reasonable steps to delete it as soon as possible

The data we collect about you

We may collect, use, store and transfer different kinds of personal data about you as follows:

• Identity Data.
• Contact Data.
• Device Data.
• Content Data.
• Usage Data.
• Marketing and Communications Data.
• Location Data

We also collect, use and share Aggregated Data such as statistical or demographic data for any purpose. Aggregated Data could be derived from your personal data but is not considered personal data in law as this data will not directly or indirectly reveal your identity. For example, we may aggregate your Usage Data to calculate the percentage of users accessing a specific App feature. However, if we combine or connect Aggregated Data with your personal data so that it can directly or indirectly identify you, we treat the combined data as personal data which will be used in accordance with this privacy policy.

We do not collect any other Special Categories of Personal Data about you (this includes details about your race or ethnicity, religious or philosophical beliefs, sex life, sexual orientation, political opinions, trade union membership, information about your health and genetic and biometric data). Nor do we collect any information about criminal convictions and offences.

Where we need to collect personal data by law, or under the terms of a contract we have with you and you fail to provide that data when requested, we may not be able to perform the contract we have or are trying to enter into with you (for example, to provide you with goods or services). In this case, we may have to terminate our contract with you, but we will notify you if this is the case at the time

How is your personal data collected?

We will collect and process the following data about you:

• Information you give us. This is information (including Identity, Contact, and Marketing and Communications Data) you consent to giving us about you by filling in forms on the App Site and the Services Sites (together Our Sites), or by corresponding with us (for example, by email or chat). It includes information you provide when you register to use the App Site, download or register an App, subscribe to any of our Services, search for an App or Service, make an in-App purchase, share data via an App’s social media functions, enter a competition, promotion or survey, or other activities commonly carried out in connection with an app and when you report a problem with an App, our Services, or any of Our Sites. If you contact us, we will keep a record of that correspondence.

• Information we collect about you and your device. Each time you visit one of Our Sites or use one of our Apps we will automatically collect personal data including Device, Content and Usage Data. We collect this data using cookies and other similar technologies.

• Location Data. We also use GPS technology to determine your current location. Some of our location- enabled Services require your personal data for the feature to work. If you wish to use the particular feature, you will be asked to consent to your data being used for this purpose. You can withdraw your consent at any time by disabling Location Data in your settings.

• Information We Collect from Other Sources. We may receive information about you from other sources, including publicly available databases or third parties from whom we have purchased data, and combine this data with information we already have about you. This helps us to update, expand and analyze our records, identify new customers, and provide products and services that may be of interest to you. If you provide us personal information about others, or if others give us your information, we will only use that information for the specific reason for which it was provided to us.

• Examples of the types of personal information that may be obtained from public sources or purchased from third parties and combined with information we already have about you, may include:

  • Purchased marketing data about our customers from third parties that is combined with information we already have about you, to create more tailored advertising and products.

How we use your personal data

We will only use your personal data when the law allows us to do so. Most commonly we will use your personal data in the following circumstances:

• Where you have consented before the processing.
• Where we need to perform a contract we are about to enter or have entered with you.
• Where it is necessary for our legitimate interests (or those of a third party) and your interests and fundamental rights do not override those interests.
• Where we need to comply with a legal or regulatory obligation.

We will only send you direct marketing communications by email or text if we have your consent. You have the right to withdraw that consent at any time by contacting us.

We will get your express opt-in consent before we share your personal data with any third party for marketing purposes.

Purposes for which we will use your personal data

Disclosures of your personal data

When you consent to providing us with your personal data, we will also ask you for your consent to share your personal data with the third parties set out below for the purposes set out in the table Purposes for which we will use your personal data above:

• Internal Third Parties.
• External Third Parties.
• Specific third parties listed in the table Purposes for which we will use your personal data above.
• Third parties to whom we may choose to sell, transfer or merge parts of our business or our assets. Alternatively, we may seek to acquire other businesses or merge with them. If a change happens to our business, then the new owners may use your personal data in the same way as set out in this privacy policy.
• Service providers acting as processors who provide IT and system administration services, with whom we need to share your information in order to provide the product or service you have requested.
• Professional advisers or investigators acting as processors or joint controllers including lawyers, bankers, auditors and insurers who provide consultancy, banking, legal, insurance and accounting services.
• Law enforcement agencies or local authorities, or security services for the purposes of event security and safety.
• Relevant tax authorities, regulators and other authorities acting as processors or joint controllers who require reporting of processing activities in certain circumstances.
• Event or tournament organisers (including but not limited to FIFA, the LOC, ATP or F1).
• Media buying and web agencies including organisations managing or purchasing paid search keywords or display advertising. o Companies delivering goods or services to you (in cases where we act as an authorised reseller and/or sales agent).

International transfers

Many of our external third parties are based outside United Kingdom so their processing of your personal data will involve a transfer of data outside of United Kingdom.

Whenever we transfer your personal data out of the UK, we ensure a similar degree of protection is afforded to it by ensuring at least one of the following safeguards is implemented:

• We will only transfer your personal data to countries that have been deemed to provide an adequate level of protection for personal data.
• Where we use certain service providers, we may use specific contracts approved by the UK which give personal data the same protection it has in the UK.

Please contact us if you want further information on the specific mechanism used by us when transferring your personal data out of United Kingdom.

Subprocessors

A list of current sub-processors is located at https://supabase.com/ and https://amplitude.com/. We will provide notice if this list of subprocessors changes. If you do not agree with any of the subprocessor changes or the subprocessors in general, you will need to stop using the services immediately. Continued access and use of the Mobile App and the Service is deemed acceptance of the changes.

Data security

All information you provide to us is stored on our secure servers. Where we have given you (or where you have chosen) a password that enables you to access certain parts of Our Sites, you are responsible for keeping this password confidential. We ask you not to share a password with anyone.

Once we have received your information, we will use strict procedures and security features to try to prevent your personal data from being accidentally lost, used or accessed in an unauthorised way.

Certain Services include social networking, chat room or forum features. Ensure when using these features that you do not submit any personal data that you do not want to be seen, collected or used by other users.

We have put in place procedures to deal with any suspected personal data breach and will notify you and any applicable regulator when we are legally required to do so.

Data retention

We will only retain your personal data for as long as necessary to fulfil the purposes we collected it for, including for the purposes of satisfying any legal, accounting, or reporting requirements and/or, where you have provided your consent, future marketing, and other related communications with you.

To determine the appropriate retention period for personal data, we consider the amount, nature, and sensitivity of the personal data, the potential risk of harm from unauthorised use or disclosure of your personal data, the purposes for which we process your personal data and whether we can achieve those purposes through other means, and the applicable legal requirements.

By law we have to keep basic information about our customers (including Contact and Identity Data) for up to six years after they cease being customers for tax purposes.

In some circumstances you can ask us to delete your data (please see Request erasure below for further information).

In some circumstances we may anonymise your personal data (so that it can no longer be associated with you) for research or statistical purposes in which case we may use this information indefinitely without further notice to you.

Your legal rights

Under certain circumstances you have the following rights under data protection laws in relation to your personal data.

You have the right to:

• Request access to your personal data (commonly known as a “data subject access request”). This enables you to receive a copy of the personal data we hold about you and to check that we are lawfully processing it.
• Request correction of the personal data that we hold about you. This enables you to have any incomplete or inaccurate data we hold about you corrected, though we may need to verify the accuracy of the new data you provide to us.
• Request erasure of your personal data. This enables you to ask us to delete or remove personal data where there is no good reason for us continuing to process it. You also have the right to ask us to delete or remove your personal data where you have successfully exercised your right to object to processing (see below), where we may have processed your information unlawfully or where we are required to erase your personal data to comply with local law. Note, however, that we may not always be able to comply with your request of erasure for specific legal reasons which will be notified to you, if applicable, at the time of your request.
• Object to processing of your personal data where we are relying on a legitimate interest (or those of a third party) and there is something about your particular situation which makes you want to object to processing on this ground as you feel it impacts on your fundamental rights and freedoms. You also have the right to object where we are processing your personal data for direct marketing purposes. In some cases, we may demonstrate that we have compelling legitimate grounds to process your information which override your rights and freedoms.
• Request restriction of processing of your personal data. This enables you to ask us to suspend the processing of your personal data in the following scenarios:
  • a. if you want us to establish the data’s accuracy;
  • b. where our use of the data is unlawful but you do not want us to erase it;
  • c. where you need us to hold the data even if we no longer require it as you need it to establish, exercise or defend legal claims; or
  • d. you have objected to our use of your data but we need to verify whether we have overriding legitimate grounds to use it.
• Request the transfer of your personal data to you or to a third party. We will provide to you, or a third party you have chosen, your personal data in a structured, commonly used, machine-readable format. Note that this right only applies to automated information which you initially provided consent for us to use or where we used the information to perform a contract with you.
• Withdraw consent at any time where we are relying on consent to process your personal data. However, this will not affect the lawfulness of any processing carried out before you withdraw your consent. If you withdraw your consent, we may not be able to provide certain products or services to you. We will advise you if this is the case at the time you withdraw your consent.

No fee usually required

You will not have to pay a fee to access your personal data (or to exercise any of the other rights). However, we may charge a reasonable fee if your request is clearly unfounded, repetitive or excessive.

What we may need from you

We may need to request specific information from you to help us confirm your identity and ensure your right to access your personal data (or to exercise any of your other rights). This is a security measure to ensure that personal data is not disclosed to any person who has no right to receive it. We may also contact you to ask you for further information in relation to your request to speed up our response.

Time limit to respond

We try to respond to all legitimate requests within one month. Occasionally it may take us longer than a month if your request is particularly complex or you have made a number of requests. In this case, we will notify you and keep you updated.

QUESTIONS OR SUGGESTIONS

If you have questions or suggestions about this Privacy Policy or your personal data, please contact us at (app@beyond-hospitality.com).

Supplemental Privacy Notice to Residents of California, Colorado, Connecticut, Virginia, and Utah

This Supplemental Privacy Notice applies to you only if you a natural person and you are a resident of California, Colorado, Connecticut, Virginia, or Utah.

This Supplemental Privacy Notice is incorporated into and forms part of the Privacy Policy.

1. Categories of Personal Information We Collect, and How We Use and Share that Information

During the past twelve (12) months, we have collected, used, and shared the following categories of personal information:

2. Sensitive Personal Information

When we collect your geolocation, or financial details (such as your bank account or credit card numbers), we are deemed to be collecting data that is «sensitive» under state privacy laws. Where legally required, we will obtain your consent for collecting this information. For our California Users, we do not use or disclose sensitive personal information for any purpose other than as permitted by law, such as to provide our Service to you, to detect security incidents, and protect against malicious or fraudulent actions, nor do we use or disclose such information to build a profile about you.

3. Sales/Sharing

In the last 12 months, we have allowed third party ad providers to collect personal information from our Application and location services to provide them with targeted advertising and analytics. This practice may constitute a sale of personal information under certain state laws and, in California, may also constitute «sharing» (which is a term used to address the sharing of information for advertising purposes) of personal information.

In the last 12 months, we have also transferred personal information with our strategic business partners as described in the Global Privacy Notice, which may also constitute a sale of personal information under certain state laws and, in California, may also constitute «sharing» (which is a term used to address the sharing of information for advertising purposes) of personal information.

To the extent that our practices constitute a sale or sharing of your personal information, you have the right to opt-out of the sale or sharing of your personal information with the third parties in this Privacy notice by filling out this Opt-Out Form Privacy and by enabling Global Privacy Control on your browser or opting-out of cookies by clicking here.

4. Manage Cookies

Global Privacy Control («GPC») is a setting you can enable in your web browser to communicate your privacy preference for not having certain information about your webpage visits collected across websites. For all the details, including how to turn on GPC, visit https://globalprivacycontrol.org/. Our websites that link to this Privacy Notice recognize and respond to GPC signals