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POLICIES & TERMS

AGREEING TO THE LOA TERMS

When you use LOA, you accept LOA’S Terms of Service and Privacy & Cookie Policy. We encourage you to read through all the LOA policies below.

In order to use LOA’S Services, you agree to LOA’S:

  • Terms of Service: These are a legal agreement between you and LOA and define your use of LOA’S Services.

  • Privacy Policy & GDPR: We value your privacy, which is why we will only process your personal data as described in our Privacy Policy. We encourage you to also read through the LOA Subprocessors list.

  • Cookie Policy: LOA uses cookies that help us enhance the platform’s performance. The LOA cookie policy is included in the Privacy Policy.

 

We highly encourage you to read the aforementioned documents carefully. In the event that you do not agree to be legally bound by those documents, please do not use the LOA platform.

POLICIES & TERMS

TERMS OF USE

LOA (loa.lu) is a basic website with the aim to distribute information related to and promote the festival “Luxembourg Open Air”. Using LOA does not require any downloads and can be accessed through your browser from any device.

The LOA “Terms and Conditions” are described in detail below.

1. INTRODUCTION

  • These Terms and Conditions (the “Terms”) are a legal agreement between you (“Licensee” or “you” and its derivatives) and LOA (“LOA” or “we” and its derivatives). These Terms govern your use of LOA’s platform at loa.lu (the “Application”). LOA’s Privacy Policy is referenced in these Terms as well.

  • By accessing or using the Platform, you confirm that you have the legal right to do so and meet our terms of service.

  • LOA is not responsible for the content or practices of Third Party Services. These Terms do not apply to any third party websites, services and applications (“Third Party Services”) that you may access through the Platform (e.g. payment processors or other applications). We recommend you carefully review the terms of service of any Third Party Service you access through the LOA platform. Please see https://www.loa.lu/terms-of-use-privacy-subprocessors for a full list of subprocessors integrated in LOA services.

  • We may change these Terms at any time and will make a new copy of the Terms available on this page. Any changes to the Terms will be effective immediately for new users.

2. PLATFORM USE

  • A “Direct User” is an individual who has created an account with LOA

  • An “End User” is an individual who visits loa.lu but who has not registered with LOA.

  • When you create an Account, you must provide information that lets us contact you. All personal information that we collect in relation to your Account is subject to our Privacy Policy. Information collected by the payment processor is subject to their policy in place. You agree to keep all Account information accurate, current and complete for so long as you are using the Platform.

3. LOA OBLIGATIONS

  • LOA will use reasonable efforts to make the Platform available at all times, except for scheduled downtime and any unavailability caused by events beyond our reasonable control. This includes but is not limited to Internet service provider failures, denial of service attacks and other attacks that LOA cannot stop with its standard security measures. Events beyond the control of LOA also include events such as natural disasters, fires, government actions, civil unrest.

4. OWNERSHIP

  • LOA is the owner of all documentation, rights, titles and other related property on the Platform.

  • You and LOA each retain all documentation, rights, titles and other related property related to their respective trademarks, logos, name, branding, and equivalent items (“Marks”).

  • LOA owns all data related to the LOA Platform. This data includes the registration and use of the Platform as well as Platform performance data. The latter includes but is not limited to usage statistics, response times, load averages, activity logs (“Usage Information”). Usage Information includes information about LOA sites and User Content available on LOA sites. Usage Information does not include any personally identifiable information or End User Information, but may include aggregated information derived from Direct User Content.

5. THIRD PARTY MATERIAL

  • You are responsible for complying with the terms and policies of all Third Party Services applicable to your use of the Platform.

  • LOA is not responsible for the performance of Third Party Services. LOA will maintain compatibility of the Platform with Third Party Services accessed via the standard features of the Platform or Add-Ons as part of the support services set forth in in these terms.

  • LOA may make content from third parties, including data provided by Third Party Services (“Third Party Content”), available via the Platform. LOA is not responsible for the accuracy or completeness of Third Party Content. If LOA is required to remove Third Party Content, or is notified that certain Third Party Content may violate applicable law or third party rights, LOA may remove such Third Party Content without notice.

  • Some code provided with or accessed via the LOA Platform are subject to “open source” or “free software” licenses (“OSS”). The list below is not subject to these Terms. Each item of OSS is licensed under the terms of the license associated with such OSS.

Please refer to the MIT License available at: https://opensource.org/licenses/MIT. “Permission is hereby granted, free of charge, to any person obtaining a copy of this software and associated documentation files (the "Software"), to deal in the Software without restriction, including without limitation the rights to use, copy, modify, merge, publish, distribute, sublicense, and/or sell copies of the Software, and to permit persons to whom the Software is furnished to do so, subject to the following conditions:

The above copyright notice and this permission notice shall be included in all copies or substantial portions of the Software.

THE SOFTWARE IS PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. IN NO EVENT SHALL THE AUTHORS OR COPYRIGHT HOLDERS BE LIABLE FOR ANY CLAIM, DAMAGES OR OTHER LIABILITY, WHETHER IN AN ACTION OF CONTRACT, TORT OR OTHERWISE, ARISING FROM, OUT OF OR IN CONNECTION WITH THE SOFTWARE OR THE USE OR OTHER DEALINGS IN THE SOFTWARE.”

6. SUBSCRIPTION AND OTHER FEES

  • A subscription means buying a ticket for the LOA Festival.

  • The purchased of LOA tickets is managed by SeeTickets and its associated brands and partners.

  • The payment partners SeeTickets have separate terms and policies that you accept upon paying for your tickets.

  • The use of the designated payment method, such as your credit card or online transaction included in your Account, is governed by your Payment Provider agreement. The LOA Terms do not govern this use.

  • By providing your payment information on your LOA account, you agree that we may invoice you for all fees and charges when they become due to us without additional notice or consent. Our fees and billing practices may change at any time, which we will inform you about by sending you an e-mail and/or notifying you via your Account. Any change made will not affect pre-paid fees for Services that have not yet been completed.

  • “Sales Tax” means any sales or use tax, and any equivalent tax measured by sales proceeds that we are required to pass through to our customers. Sales Tax is automatically calculated and added to all orders where applicable.

  • We integrated Stripe to facilitate our payment services. By paying for tickets on the LOA Platform, you agree to be bound by Stripe’s Privacy Policy: https://stripe.com/privacy and authorise LOA and Stripe to share any information and payment instructions you provide with your Payment Provider and any other Third Party Service provider(s) solely required to complete your transactions.

 

7. CONFIDENTIAL INFORMATION

The obligations in this Section will apply during and for five (5) years after the Term, except in the case of Confidential Information that is a trade secret, in which case the obligations will remain in effect as long as the trade secret is maintained.

  • “Confidential Information” refers to any and all documents, correspondence and memoranda, and all financial, technical, IT, strategic, intellectual property, production, commercial, marketing, customer and similar information concerning the business, operations, premises and affairs of LOA and you that will be provided to you and LOA and the respective Representatives, marked or identified as “confidential” or with a similar designation or confidential by its nature or the circumstances of its disclosure ought reasonably to be treated as confidential. The Platform, related Documentation, and Usage Information is LOA Confidential Information. Each party may have access to the other party’s Confidential Information as a result of this Agreement. Confidential Information is the sole property of the disclosing party.

    Prior to any disclosure required by law, the Receiving Party will promptly, unless otherwise prohibited by law from so doing, notify the Disclosing Party so that the Disclosing Party may seek a protective order or other appropriate remedy. The Receiving Party shall bear the burden of demonstrating the applicability of any of the exceptions set forth in this Section.

    • Each party will:

    • only use Confidential Information to fulfill its obligations hereunder;

    • only provide access to Confidential Information on an “as-needed” basis to its personnel, consultants and any other party who are bound by obligations materially similar to this Section;

    • maintain Confidential Information using methods at least as protective as it uses to protect its own information of a similar nature, but in no event with less than a reasonable degree of care.

 

The obligations in this Section will apply during and for five (5) years after the Term, except in the case of Confidential Information that is a trade secret, in which case the obligations will remain in effect as long as the trade secret is maintained.

 

  • The obligations of the Receiving Party and its Representatives under this Confidentiality Clause shall not apply to disclosure of any Confidential Information which:

    • at the time of disclosure is in the public domain through no act or fault of the Receiving Party or its Representatives in violation of this section;

    • at the time of disclosure is already in the possession of the Receiving Party or its Representatives and such prior possession can be demonstrated by the Receiving Party or its Representatives;

    • is made available to the Receiving Party or its Representatives by an independent third party that to the knowledge of the Receiving Party was not contractually prohibited from making the disclosure to the Receiving Party;

    • is required by law to be disclosed.

 

8. TERM AND TERMINATION

  • These Terms will remain in effect for so long as you access the Platform (the “Term”).

  • Upon expiration or termination of this Agreement for any reason, the rights and licenses granted under this Agreement will immediately terminate.

9. LIMITATION OF LIABILITY

  • THE PLATFORM IS PROVIDED “AS IS” WITHOUT WARRANTY OR REPRESENTATION OF ANY KIND. LOA MAKES NO PROMISES, REPRESENTATIONS OR WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, WITH RESPECT TO THE PLATFORM, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, NONINFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE. LOA DOES NOT WARRANT THAT THE PLATFORM WILL WORK WITHOUT INTERRUPTIONS OR BE ERROR-FREE.

  • TO THE EXTENT PERMITTED UNDER LAW (AND UNLESS LOA HAS ENTERED INTO A SEPARATE WRITTEN AGREEMENT THAT SUPERSEDES THIS AGREEMENT), LOA (AND THOSE THAT LOA WORKS WITH TO PROVIDE THE SERVICES) SHALL NOT BE LIABLE TO YOU OR OTHERS FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR ANY LOSS OF DATA, OPPORTUNITIES, REPUTATION, PROFITS OR REVENUES, RELATED TO THE SERVICES (E.G. OFFENSIVE OR DEFAMATORY STATEMENTS, DOWN TIME OR LOSS, USE OR CHANGES TO YOUR INFORMATION OR CONTENT).

  • IN NO EVENT SHALL THE LIABILITY OF LOA (AND THOSE THAT LOA WORKS WITH TO PROVIDE THE SERVICES) EXCEED, IN THE AGGREGATE FOR ALL CLAIMS, AN AMOUNT THAT IS THE LESSER OF (A) FIVE TIMES THE MOST RECENT MONTHLY OR YEARLY FEE THAT YOU PAID FOR A PREMIUM SERVICE, IF ANY, OR (B) €1000. THIS LIMITATION OF LIABILITY IS PART OF THE BASIS OF THE BARGAIN BETWEEN YOU AND LOA AND SHALL APPLY TO ALL CLAIMS OF LIABILITY (E.G. WARRANTY, TORT, NEGLIGENCE, CONTRACT, LAW) AND EVEN IF LOA HAS BEEN TOLD OF THE POSSIBILITY OF ANY SUCH DAMAGE, AND EVEN IF THESE REMEDIES FAIL THEIR ESSENTIAL PURPOSE.

  • You will indemnify, defend and hold LOA harmless from any claim, action, suit or proceeding made or brought against LOA arising out of or related to (a) your breach of any term of this Agreement, or (b) Direct User Content.

10. INTELLECTUAL PROPERTY INFRINGEMENTS

  • We respect the intellectual property rights of others. We require that information posted by Members be accurate and not in violation of the intellectual property rights or other rights of third parties. We provide the following policy for complaints concerning content posted by our members. If you believe that any Content on the Platform infringes your intellectual property rights, you as the rights holder or an agent thereof may submit an intellectual property right Complaint pursuant by mailing us. We appreciate your cooperation in providing an English translation of your report to our intellectual property right agent. Please include the information below in writing.

    • A signature (physical or electronic) from the owner or from a person authorized to act on behalf of the owner of the allegedly infringed Content or material.

    • Direct link/ Uniform Resource Locator (URL) to the protected work on the Platform claimed to be infringing.

    • Sufficient identification of the copyrighted work or other intellectual property that has allegedly been infringed.

    • Contact information such as an address, telephone number, and, if available, an electronic mail to permit the service provider to contact you.

    • A statement (i) that you have good faith belief that the Content is not authorized by the rights holder, its agent, or the law, and (ii) that the information provided in the notification is accurate, and under penalty of perjury, that you are the owner of the copyright interest involved or that you are authorized to act on behalf of that owner. If you fail to comply with all of the requirements of this Section, you acknowledge that your intellectual property right Complaint form may not be valid and may therefore not be handled (whether fully or partially) by LOA. If we receive an intellectual property right Complaint form that complies with all the requirements, we reserve the right to refuse, to render inaccessible or to remove the Content. We reserve our rights to action against you if you misrepresent that a fair use of the Content constitutes infringement.

 

​11. Dispute Resolution

  • In the unlikely event we end up in a legal dispute, it will take place in Luxembourg courts, applying Luxembourg law.
  • You agree that the laws of Luxembourg, excluding its conflict of laws rules, shall exclusively govern any dispute relating to this Agreement and/or the Services. We both agree that all of these claims can only be litigated in a Luxembourg court, and we each agree to personal jurisdiction in those courts.

 

12. LOA “DOs” and “DON’Ts”​​ You agree that you will

  • Comply with all applicable laws, including, without limitation, privacy laws, intellectual property laws, anti-spam laws, export control laws, tax laws, and regulatory requirements;

  • Provide accurate information to us and keep it updated;

  • Use your real name on your profile;

  • Use the Services in a professional manner.

Don'ts. You agree that you will not:

  • Act dishonestly or unprofessionally, including by posting inappropriate, inaccurate, or objectionable content;

  • Transmit or facilitate the transmission of any User Content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, that may be invasive of another's right of privacy or publicity, hateful, racially, ethnically or otherwise objectionable;

  • Add content that is not intended for, or inaccurate for, a designated field (e.g. submitting a telephone number in the “age” or any other field, or including telephone numbers, email addresses, street addresses or any personally identifiable information for which there is not a field provided by LOA);

  • Create a false identity on LOA;

  • Misrepresent your current or previous qualifications;

  • Misrepresent your affiliations with an entity, past or present;

  • Misrepresent your identity, including but not limited to the use of a pseudonym;

  • Create a Member profile for anyone other than yourself (a real person);

  • Use or attempt to use another's account;

  • Act in an unlawful, libelous, abusive, obscene, discriminatory or otherwise objectionable manner;

  • Disclose information that you do not have the right to disclose (such as confidential information of others (including your employer));

  • Violate intellectual property rights of others, including patents, trademarks, trade secrets, copyrights or other proprietary rights;

  • Violate the intellectual property or other rights of LOA, including, without limitation, using the word “LOA” or our logos in any business name, email, or URL;

  • Post anything that contains software viruses, worms, or any other harmful code;

  • Manipulate identifiers in order to disguise the origin of any message or post transmitted through the Services;

  • Create profiles or provide content that promotes escort services or prostitution.

  • Creating or operate a pyramid scheme, fraud or other similar practice;

  • Copy or use the information, content or data of others available on the Services (except as expressly authorized);

  • Copy or use the information, content or data on LOA in connection with a competitive service (as determined by LOA);

  • Copy, modify or create derivative works of LOA, the Services or any related technology (except as expressly authorized by LOA);

  • Reverse engineer, decompile, disassemble, decipher or otherwise attempt to derive the source code for the Services or any related technology, or any part thereof;

  • Imply or state that you are affiliated with or endorsed by LOA without our express consent (e.g., representing yourself as an accredited LOA trainer);

  • Rent, lease, loan, trade, sell/re-sell access to the Services or related any information or data;

  • Sell, sponsor, or otherwise monetize an LOA feature of the Services, without LOA’s consent;

  • Remove any copyright, trademark or other proprietary rights notices contained in or on our Service;

  • Remove, cover or obscure any advertisement included on the Services;

  • Collect, use, copy, or transfer any information obtained from LOA without the consent of LOA;

  • Share or disclose information of others without their express consent;

  • Use manual or automated software, devices, scripts robots, other means or processes to access, “scrape,” “crawl” or “spider” the Services or any related data or information;

  • Use bots or other automated methods to access the Services, add or download contacts, send or redirect messages;

  • Monitor the Services' availability, performance or functionality for any competitive purpose;

  • Engage in “framing,” “mirroring,” or otherwise simulating the appearance or function of the Services;

  • Access the Services except through the interfaces expressly provided by LOA;

  • Override any security feature of the Services;

  • Interfere with the operation of, or place an unreasonable load on, the Services (e.g., spam, denial of service attack, viruses, gaming algorithms); and/or

  • Use the comment and discussion systems in a manner that adversely affects the availability of its resources to other users (e.g., excessive shouting (use of all caps), flooding (continuous posting of repetitive text);

  • Harass, stalk, or threaten any other users in the Platform;

  • Participate in any action within the Platform which, in the sole judgment of LOA, exploits or abuses an undocumented aspect of the Platform in order to obtain an unfair advantage over other users of the Platform;

  • Access or attempt to access any areas within the Platform that have not been made available to users;

  • Circumvent or attempt to circumvent disciplinary measures taken against your account, including registering for or using a new account on the Platform after being suspended or banned.

 

LOA retains the right to suspend, terminate, or otherwise sanction your Platform membership if you violate these Rules of Conduct, as well as to take any other action required or permitted under any applicable laws.

13. MISCELLANEOUS

  • You may not assign these Terms or any rights or obligations without LOA’s prior written consent. Subject to the foregoing, these Terms will inure to the benefit of and be binding upon the parties and their respective successors and permitted assigns.

  • The waiver of a breach of any term hereof will in no way be construed as a waiver of any other term or breach hereof.

  • These Terms are the entire understanding of the parties with respect to their subject matter and supersede any previous or contemporaneous communications, whether oral or written.

14. CONTACT INFORMATION

  • You can contact us regarding any question, suggestion or other comment you might have in the context of these terms and policies by using the “Contact us” section of the LOA Platform or by contacting us by writing at support@loa.lu.
     

15. FESTIVAL LOCATION AND TIMES

  • By purchasing a ticket to our festival, you acknowledge and accept that the festival's location and times are subject to change. While we strive to maintain the initially announced venue, circumstances beyond our control, such as unforeseen logistical issues, safety concerns, or circumstances related to the festival's success, may necessitate a change in location and times.

  • In the event of a change in festival location or times, ticket holders shall not be entitled to a refund. We will make reasonable efforts to notify ticket holders of any such changes in advance through our official communication channels, including our website, email, and social media.

16. USE OF PHOTO AND VIDEO MATERIAL

By purchasing a ticket to LOA FESTIVAL, you agree to the following terms and conditions regarding the use of photo and video material:
 

  • Consent for Photography and Videography:
    By attending LOA Festival, you acknowledge and agree that photo and video material may be captured by festival organisers, accredited photographers, videographers, and fellow festival-goers during the event.

  • Use of Material for Marketing Purposes: 
    You consent to LOA Festival and its affiliates using any photo or video material in which you may appear for marketing, promotional, and advertising purposes, both online and offline. This includes, but is not limited to, social media posts, website content, promotional videos, advertisements, and printed materials.

  • No Compensation for Use:
    You understand and agree that you will not be entitled to any compensation, financial or otherwise, for the use of photo and video material captured at LOA Festival, regardless of whether or not you are identifiable in such material.

  • Release of Liability: 
    You release LOA Festival, its organisers, sponsors, partners, and affiliates from any and all liability arising from the use of photo and video material as described in these terms and conditions. This includes any claims for invasion of privacy, defamation, or infringement of rights.

  • By purchasing a ticket to LOA Festival, you acknowledge that you have read, understood, and agreed to these terms and conditions regarding the use of photo and video material.

  • If you have any questions or concerns regarding these terms, please contact LOA Festival at support@loa.lu for clarification.

POLICIES & TERMS

PRIVACY POLICY, COOKIE POLICY, GDPR & DPA

LOA (“LOA” or “we” and its derivatives) is committed to safeguarding your privacy.

 

This Privacy and Cookie Policy (the “Policy”) describes our policies and procedures regarding the collection, use and disclosure of information we obtain through the website loa.lu hosted by LOA (“LOA Sites”) and any other online or mobile services we may provide (all the above, collectively, the “LOA Service”).

 

To use the LOA Service, you agree the LOA Terms of Service and Privacy Policy below.

1. DEFINITIONS

Capitalized terms used in this section will have the meaning set forth below.

  • A “Direct User” is an individual who has registered via the Google Form with LOA.

  • An “End User” is an individual who visits the LOA site loa.lu but who has not registered with LOA.

 

Except where specified below, this Policy applies equally to both Direct and End Users.

  • “Anonymous Data” is data that is not associated with or linked to Personal Data and that does not permit the identification of individual persons, either alone or when combined with any other information available to a third party. LOA collects Personal Data and Anonymous Data, as described below.

  • “Data Controller” has the meaning given to it under the GDPR.

  • “Data Processor” has the meaning given to it under the GDPR.

  • “Data Subject” has the meaning given to it under the GDPR.

  • “Personal Data” has the meaning given to it under the GDPR. Personal Data includes information which, either alone or in combination with other information LOA holds about you, identifies you as an individual, including, for example, your name, postal address, email address and telephone number.

  • “Processing” has the meaning given to it under the GDPR.

  • “Processor Security Obligations” will mean Article 32 of the GDPR.

  • “Supervisory Authority” has the meaning given to it under the GDPR.

  • “Data Breach” means any security breach, or any similar or equivalent comprise which leads to the unintended, accidental, unauthorised or unlawful loss, disclosure of, or access to Personal Data by any Processor.

  • “Data Protection Laws” means any data protection, privacy or similar laws or regulations anywhere in the world relating to the processing or other use of personal data, including the GDPR, that apply in relation to any Personal Data processed in connection with this Agreement.

  • “GDPR” means Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and to the extent the GDPR is no longer applicable in the United Kingdom, any implementing legislation or legislation having equivalent effect in the United Kingdom.

  • “Licensee Personal Data” means Personal Data that is processed by LOA or any LOA employees, agents or personnel in performing its obligations under this Agreement or which is otherwise made available directly or indirectly to LOA or its employees, agents or personnel by Licensee.

2. PARTICULARLY IMPORTANT INFORMATION

LOA is the data controller of your Personal Data for the purpose of applicable data protection legislation.

CHANGES TO THIS POLICY: We will post any modifications or changes to the Policy on the LOA Platform. We reserve the right to modify the Policy at any time. If we make any material change(s) to the Policy, we will notify you via email or post a notice on our Site prior to such change(s) taking effect. LOA will never make changes to the Policy that violate any applicable privacy laws. For any material changes to the Policy, we will notify Direct Users via email or by placing a prominent notice on the homepage of our website.

3. PURPOSES OF PROCESSING

We collect information about you in a range of forms, including Personal Data. We will only process your Personal Data in accordance with applicable data protection and privacy laws. We need certain Personal Data in order to provide you with access to the LOA Service.

If you created an account with us, you will have been asked to click “I agree” to agree to provide this information in order to access our services. This consent provides us with the legal basis we require under applicable law to process your data. You may withdraw such consent at any time. If you do not agree to our use of your Personal Data in line with this Policy, please do not use the LOA Service.

LOA will comply with its obligations under applicable Data Protection Laws. LOA will ensure that all LOA employees, subcontractors and other personnel will comply with obligations that are equivalent to the obligations imposed on LOA under this section to the extent that such LOA employees, subcontractors and personnel carry out any processing of Licensee Personal Data under or in connection with this Agreement.

4. HOW WE COLLECT YOUR INFORMATION

  • Information You Provide: We collect Personal Data from Direct Users when they register to use the LOA Service, publish content on the LOA Service, or communicate with us, make purchases through the LOA Service, or provide us with feedback about the LOA Service.We may also collect Personal Data at other points in the LOA Service when clearly identified

    To sign up on LOA, Direct Users need to provide an email address and mobile phone number. Direct Users may provide other optional information, such as social media profile links or other personal information.

    We do not collect or use End User Personal Data, except to provide customer support, respond to direct requests, or as automatically collected through technical means as set forth below.

  • Information Collected via Technology: The servers used by LOA (either our own servers or servers that may be hosted by a third party service provider) collect information from you that enable us to make the LOA Service more useful to you. Information may include your browser type, operating system, Internet Protocol (“IP”), and/or a date stamp and/or time stamp for your visit. Certain information will be gathered automatically and stored in log files. This information may include browser type, browsers, operating systems, IP addresses, Internet service provider (“ISP”), referring pages, exit pages, date stamps, time stamps, data typed into the site, and clickstream data.

    We use this information to analyse trends, administer the LOA Service, track users’ movements around the LOA Service, gather demographic information about our user base as a whole, and better tailor the LOA Service to our users’ needs. For instance, certain information may be collected in order to recognize you and remember your preferences automatically when revisiting LOA Sites. Except as noted in this Policy, we do not link this automatically-collected data to Personal Data.

  • Mobile Device: We may also collect non-Personal Data from your mobile device if you access the LOA Service from your mobile device. Examples include your geographic location and information about the type of device you use. In addition, if the LOA Service crashes on your mobile device, we may receive information about your mobile device model software version and device carrier, which allows us to identify and fix bugs and otherwise improve the performance of the service. This information is sent to us as aggregated information and cannot be used to identify an individual.

    Other companies may set their own Cookies or similar tools when you use the LOA Service. This includes third party analytics services, such as Google Analytics (“Analytics Services”) that we use to help us analyse how users use the LOA Service in order to improve the LOA Service. We may receive reports based on these parties’ use of these tools on an individual or aggregate basis. The information generated by the Cookies or other technologies about your use of the service (the “Analytics Information”) is transmitted to the Analytics Services. The Analytics Services use Analytics Information to compile reports on user activity. The Analytics Services may also transfer information to third parties where required to do so by law, or where such third parties process Analytics Information on their behalf. Each Analytics Services’ ability to use and share Analytics Information is restricted by such Analytics Services’ Terms of Use and Privacy Policy. By using the LOA Service, you consent to the processing of data about you by Analytics Services in the manner and for the purposes set out above.

    Please see the subprocessors section for a full list of Analytics Services.

  • SNS: Direct Users may use various social media site (“SNS”) credentials to log into the LOA Service.

    In such case, we collect Personal Data from the social media website in question. For instance, when you log in with your Twitter credentials, we may collect the Personal Data you have made publicly available in Twitter, such as your email address, name, and profile picture or logo. You agree that you are solely responsible for your use of an SNS and that it is your responsibility to review the terms of use and privacy policy of such SNS. Any information that we collect from an SNS account will depend on the privacy settings you have with that SNS, so please consult the SNS’ privacy and data practices. We will not be responsible or liable for: (a) the availability or accuracy of such SNS; (b) the content, products or services on or availability of such SNS; or (c) your use of any such SNS.

  • Cookies: We use cookies and similar technologies to collect information

    As described in our Cookie Policy, we use cookies and similar technologies, including mobile application identifiers, to help us recognize you across different Services, learn about your interests both on and off our Services, improve your experience, increase security, measure use and effectiveness of our Services, and serve advertising. You can control cookies through your browser settings and other tools. By visiting our Services, you consent to the placement of cookies and beacons in your browser and HTML-based emails in accordance with this Privacy Policy, which incorporates by reference our Cookie Policy.

    We use various third party analytics services for this purpose. Some of these third party services use their own cookies. Please refer to their own cookie policies for more information. Please see https://www.loa.lu/terms-of-use-privacy-subprocessors.

  • for a full list of Analytics Services.

    • We use advertising technologies and web beacons to collect information. We target (and measure the performance of) ads to Members, Visitors and others both on and off of our Services through a variety of ad networks and ad exchanges, using the following, whether separately or combined:

    • Advertising technologies on and off of our Services, like web beacons, pixels, ad tags, cookies, and mobile identifiers as permitted by mobile platforms;

    • Member-provided profile and contact information and categories;

    • Information inferred from a Member‘s profile

    • Your use of our Services (for example, your search history, the content you read on our newsfeed or market pages, your clicking on a LOA ad, etc.) and log files generated;

    • LOA uses the following types of Cookies for the purposes set out below.

    • Functionality Cookies are necessary to provide you with a more personal experience and to avoid you having to re-enter your preferences every time you visit our Services. These Cookies allow our Services to remember choices you make when you use our Services, such as remembering your language preferences or remembering your login details.

    • Essential Cookies are essential to provide you with services available through our Services and to enable you to use some of its features. For instance, they allow you to log in to secure areas of our Services. Without these Cookies, the services that you have asked for cannot be provided, and we only use these Cookies to provide you with those services.

    • Analytics and Performance Cookies are used to collect information about traffic to Services and how users use our Services. The information gathered does not identify individual visitors since the information is aggregated and anonymous. It includes the number of visitors to our Services, the websites that referred them to our Services, the pages they visited on our Services, what time of day they visited our Services, whether they have visited our Services before, and other similar information. We use this information to help operate our Services more efficiently, to gather broad demographic information and to monitor the level of activity on our Services.

    • Social Media Cookies are used when you share information using a social media sharing button or “like” button on our Services or you link your account or engage with our content on or through a social networking website such as Facebook, Instagram, Linkedin, Twitter, or Google+.

 

Direct Users must accept Cookies in order to access certain features of the LOA Service. You can remove or reject Cookies via your browser settings. In order to do this, follow the instructions provided by your browser. You can erase or block Cookies from your computer if you wish to do so, but certain parts of the LOA Service will not work correctly or at all if your browser is set to not to accept Cookies.

  • Pixels

    We may use pixel tags on the LOA Service to track the actions of users on our Services. Pixel tags are embedded invisibly on webpages and measure the success of our marketing campaigns. We use that data to compile statistics about usage of the LOA Service so that we can enhance our content. LOA may use the Facebook Pixel to gather information about your activities on the LOA Service in order to provide you with tailored LOA ads.

  • Other helpful resources: To learn more about advertisers' use of cookies the following links are helpful:

    For other browsers, please consult the documentation that your browser manufacturer provides.

    • European Interactive Digital Advertising Alliance (EU)

    • Internet Advertising Bureau (US)

    • Internet Advertising Bureau (EU)

    • Network Advertising Initiative

    • Browser manufacturers provide help pages relating to cookie management in their products. Please see below for more information.

    • Google Chrome

    • Internet Explorer

    • Mozilla Firefox

    • Safari (Desktop)

    • Safari (Mobile)

    • Android Browser

    • Opera

    • Opera Mobile

5. HOW LOA USES YOUR INFORMATION

  • Personal Data: Personal Data you submit to us is used either to deliver the LOA Service or respond to requests that you make. We use your Personal Data in the following ways:

    • identify you as a user of the LOA Service;

    • facilitate the creation and securing of your account;

    • process payments you make via the LOA Service;

    • operate, maintain, and provide improved administration of the LOA Service;

    • improve the quality of experience when you interact with the LOA Service;

    • manage your account, including to send you administrative e-mail notifications, such as security or support and maintenance advisories (Direct Users only);

    • respond to your comments and inquiries related to employment opportunities or other requests and to provide customer service;

    • send newsletters, surveys, offers and other informational or promotional materials related to the LOA Service and for other marketing purposes of LOA to Direct Users with your consent

    • You may opt-out of receiving such information at any time as mentioned in the various materials.

    • LOA will not, without Licensee’s prior written consent:

    • use Licensee Personal Data for LOA’s own purposes; or

    • carry out the processing by automatic means of any Licensee Personal Data for the purpose of evaluating matters about an Data Subject that constitutes the sole basis for any decision that significantly affects such Data Subject.


Anonymous Data:

We may create Anonymous Data about both Direct Users and End User by excluding information that makes the data personally identifiable to you. Anonymous Data might include analytics information and information collected by us using cookies. We use this Anonymous Data to analyse request and usage patterns so that we may enhance the content of the LOA Service. We may use Anonymous Data and aggregated and other de-identified information for any purpose and disclose Anonymous Data to third parties in our sole discretion.

6. HOW LOA MAY SHARE YOUR INFORMATION

We may share your Personal Data with third parties where you have provided your consent to do so.

We may share your Personal Data with third party service providers (“Subprocessors”) to provide you with the LOA Service, to conduct quality assurance testing, to facilitate creation of accounts, to provide technical support, to conduct data analysis, to process payments, to provide information technology and related infrastructure provision, customer service, email delivery, and/or to provide other services. These Subprocessors are only permitted to use your Personal Data to the extent necessary to enable them to provide their services to us. They are required to follow our express instructions and to comply with appropriate security measures to protect your Personal Data.

We use third party payment processor Stripe to process payments made through the LOA Service. LOA does not retain any personally identifiable information or any financial information such as credit card numbers in connection with the processing of such payments. All such information is provided directly to Stripe, whose use of your Personal Data is governed by their privacy policy: https://stripe.com/privacy

The LOA Service or a LOA Application may enable you to post content to an SNS. If you choose to do this, we will provide information to such SNS. You agree that you are solely responsible for your use of an SNS and that it is your responsibility to review the terms of use and privacy policy of such SNS.

If there is a change in control or sale of all or part of LOA, we may share your information with a third party, who will have the right to use that information in line with this Privacy Policy. We may also disclose your personal information to a third party as part of a sale of the assets of LOA, a subsidiary, or division, or as the result of a change in control of the company or one of its affiliates, or in preparation for any of these events. Any third party to which we transfers or sells our assets will have the right to continue to use the personal and other information that you provide to us in the manner set out in this Privacy Policy.

LOA may disclose Licensee Personal Data throughout the world to fulfil the purposes described above. This may include transferring Licensee Personal Data to other countries (including countries located outside the European Economic Area) that have different data protection regimes and which are not deemed to provide an adequate level of protection for Personal Information.

7. THIRD PARTY SITES

The LOA Service may contain links to third party websites and features. This Policy does not cover the privacy practices of such third parties. These third parties have their own privacy policies and we do not accept any responsibility or liability for their websites, features or policies. Please read their privacy policies before you submit any data to them.

Please see the subprocessors section for a full list of third party services used.

8. COMPLIANCE WITH LEGAL PROCESS AND OTHER DISCLOSURES

We may disclose your personal information if compelled by law, subpoena, or other legal process, or if necessary to enforce our User Agreement.

It is possible that we may need to disclose personal information, profile information, or information about your activities as a Member or Visitor when required by law, subpoena, or other legal process, or if we have a good faith belief that disclosure is reasonably necessary to (1) investigate, prevent, or take action regarding suspected or actual illegal activities or to assist government enforcement agencies; (2) enforce the User Agreement, investigate and defend ourselves against any third-party claims or allegations, or protect the security or integrity of our Service; or (3) exercise or protect the rights, property, or safety of LOA, our Members, personnel, or others. We attempt to notify Members about legal demands for their personal information when appropriate in our judgment, unless prohibited by law or court order or when the request is an emergency. In light of our principles, we may dispute such demands when we believe, in our discretion, that the requests are overbroad, vague or lack proper authority, but do not commit to challenge every demand.

If a relevant data protection Supervisory Authority is required by law or regulation to audit the data processing facilities from which LOA processes Personal Data in order to monitor compliance with Data Protection Requirements, then LOA will cooperate at Licensee’s expense.

9. DISCLOSURES TO OTHERS AS THE RESULT OF A CHANGE IN CONTROL OR SALE OF LOA CORPORATION

If there is a change in control or sale of all or part of LOA, we may share your information with a third party, who will have the right to use that information in line with this Privacy Policy. We may also disclose your personal information to a third party as part of a sale of the assets of LOA, a subsidiary, or division, or as the result of a change in control of the company or one of its affiliates, or in preparation for any of these events. Any third party to which we transfers or sells our assets will have the right to continue to use the personal and other information that you provide to us in the manner set out in this Privacy Policy.

10. DATA PROCESSING OUTSIDE YOUR COUNTRY

We may process your information outside the country where you live. We may transfer your information and process it outside your country of residence, wherever LOA, its affiliates and service providers operate.

11. SECURITY OF YOUR INFORMATION

We use reasonable technical and organisational measures to protect Personal Data within our organisation. However, no transmission or storage system can be guaranteed to be entirely secure, and transmission of information via the internet is not completely secure. If you have reason to believe that your interaction with us is no longer secure, please immediately notify us of the problem by contacting us using the details in the Section entitled “CONTACT INFORMATION.”

By using the LOA Service or providing Personal Data to us, you agree that we may communicate with you electronically regarding security, privacy, and administrative issues relating to your use of the LOA Service. If we learn of a breach of Personal Data, we may attempt to notify you electronically by posting a notice on the LOA Service or sending an email to you. You may have a legal right to receive this notice in writing. To receive free written notice of a security breach (or to withdraw your consent from receiving electronic notice), please notify us using the details in the Section entitled “CONTACT INFORMATION.”

  • LOA acknowledges that it must comply with the Processor Security Obligations in respect of Licensee Personal Data. LOA agrees that it will comply with the following obligations:

  • take appropriate technical and organizational security measures to safeguard against any unauthorised and unlawful processing of Licensee Personal Data and against any accidental loss or destruction of, or damage to, Personal Data;

  • only process Licensee Personal Data in accordance with written instructions given by Licensee;

  • take reasonable steps to ensure the reliability of those LOA employees, agents or other personnel that have access to Licensee Personal Data; and

  • ensure that all LOA employees, agents or other personnel involved in processing Licensee Personal Data have undergone reasonably adequate training in the care and handling of Personal Data.

 

12. DATA RETENTION

We keep your information for as long as your account is active or as needed. For example, we may keep certain information even after you close your account if it is necessary to comply with our legal obligations, meet regulatory requirements, resolve disputes, prevent fraud and abuse, or enforce this agreement in accordance with applicable legal prescription period. We may retain personal information, for a limited period of time, if requested by law enforcement. Our Customer Service may retain information for as long as is necessary to provide support-related reporting and trend analysis only as well as for purposes of debugging, site stability and the keeping of webservers logs of security. In any case, such data necessary to provide support-related reporting and trend analysis are not kept in a form which permits your identification for longer than 30 days from the closing of your account by creating aggregate data sets that cannot be traced back to individuals.

13. SENSITIVE PERSONAL DATA

Subject to the following paragraph, we ask that you not send us, and you not disclose, any sensitive Personal Data (e.g., social security numbers, information related to racial or ethnic origin, political opinions, religion or other beliefs, health, biometrics or genetic characteristics, criminal background or trade union membership) (“Sensitive Personal Data”) on or through the LOA Service or otherwise to us. If you send or disclose any Sensitive Personal Data to us when you submit user-generated content to the LOA Service, you consent to our processing and use of such Sensitive Personal Data in accordance with this policy. If you do not consent to our processing and use of such Sensitive Personal Data, you must not submit such user generated content to our Services.

14. YOUR RIGHTS

  • Opt-out: You may contact us anytime to opt-out of marketing communications; our collection of Sensitive Personal Data; or any new processing of your Personal Data that we may carry out beyond the original purpose. Please note that your use of some of the LOA Service may be ineffective upon opt-out.

  • Access: You may access the information we hold about you at any time via your account page or by contacting us directly.

  • Amend. You can also contact us to update or correct any inaccuracies in your Personal Data.

  • Your Personal Data is portable: you to have the flexibility to move your data to other service providers.

  • Erase and forget: You can request that we erase your data.

If you wish to exercise any of these rights, please contact us using the details in Section entitled “CONTACT INFORMATION” below. In your request, please clearly state (i) what Personal Data is concerned; and (ii) which of the above rights you would like to enforce. For your protection, we may only implement requests with respect to the Personal Data associated with the particular email address that you use to send us your request, and we may need to verify your identity before implementing your request. We will try to comply with your request as soon as reasonably practicable and in any event, within one month of your request.

LOA will comply with any written request by Licensee to:

  • correct or delete inaccurate Licensee Personal Data;

  • provide a copy of Licensee Personal Data relating to a Data Subject in the possession or control of LOA;

  • provide information about the Processing of Licensee Personal Data including information about the technical and organisational security measures that are used to comply with the Processor Security Obligations or information about how its processing of Licensee Personal Data complies with applicable Data Protection Laws;

  • within ten (10) days of such request or notice (as applicable) from Licensee, assist and provide the required information in respect of any request or notice, or any anticipated request or notice, by or on behalf of any Data Subject or by a Supervisory Authority in respect of Licensee Personal Data;

  • delete or return to Licensee the Licensee Personal Data after the end of the provision of the services related to the processing, unless otherwise required by applicable law; and

  • otherwise provide reasonable assistance to Licensee as necessary to allow Licensee to comply with applicable Data Protection Laws.

15. COMPLAINTS

LOA will notify Licensee of any complaints received by LOA from third parties about the processing of Licensee Personal Data. LOA will not make any admissions, settle or take any action which may be prejudicial to the defence or settlement of any such complaint and will provide to Licensee such reasonable assistance, at Licensee’s cost, as it may require in connection with such complaint. If LOA acquires, on behalf of and independently from Licensee, any Personal Data from Data Subjects as part of the Services, LOA will give such individuals a data protection notice describing the intended use of such Personal Data, in a form provided or approved by Licensee. Without prejudice to its other obligations under this Agreement, if LOA becomes aware of any unauthorised, unlawful or dishonest conduct or activities or any breach of this section (including the occurrence of any Data Breach), LOA will notify Licensee and provide all relevant information reasonably required by Licensee about such conduct, activities and/or breaches.

If you would like to make a complaint regarding this Policy or our practices in relation to your Personal Data, please contact us at support@loa.lu. We aim to reply to your complaint as soon as possible and within 45 days. If you feel that your complaint has not been adequately resolved, you reserve the right to contact your local data protection supervisory authority.

 

16. COMPLIANCE

LOA will comply with its obligations under applicable Data Protection Laws. LOA will ensure that all LOA employees, subcontractors and other personnel will comply with obligations that are equivalent to the obligations imposed on LOA under this section to the extent that such LOA employees, subcontractors and personnel carry out any processing of Licensee Personal Data under or in connection with this Agreement.

17. GENERAL

The Parties acknowledge that: (1) Licensee alone will determine the purposes for which and the manner in which Licensee Personal Data are, or are to be, processed in the performance of this Agreement; (2) Licensee will be the Data Controller in respect of all Licensee Personal Data; (3) LOA will be the Data Processor in respect of Licensee Personal Data; and (4) LOA will only process Licensee Personal Data for the limited purpose of performing its obligations under, and during the term of, this Agreement.

18. AUDIT

If a relevant data protection Supervisory Authority is required by law or regulation to audit the data processing facilities from which LOA processes Personal Data in order to monitor compliance with Data Protection Requirements, then LOA will cooperate at Licensee’s expense.

19. CHANGES TO THIS POLICY

We will post any modifications or changes to the Policy on the LOA Platform. We reserve the right to modify the Policy at any time. If we make any material change(s) to the Policy, we will notify you via email or post a notice on our Site prior to such change(s) taking effect. LOA will never make changes to the Policy that violate any applicable privacy laws. For any material changes to the Policy, we will notify Direct Users via email or by placing a prominent notice on the homepage of our website.

20. CONTACT INFORMATION

You can contact us regarding any question, suggestion or other comment you might have in the context of these terms and policies by using the “Contact us” section of the LOA Platform or by contacting us by writing at: support@loa.lu.

POLICIES & TERMS

SUBPROCESSORS

To facilitate the platform “loa.lu” and all associated sites, LOA uses a range of Subprocessors to support it in providing the LOA Service as described in the Terms of Service available at https://www.loa.lu/terms-of-use-privacy-subprocessors.

LOA may share your Personal Data with Subprocessors, which is a necessary step to provide you with the LOA Service. Related services include technical support, customer service, testing-related activities, data analysis and testing tasks, the creation of reporting tools and statistics, and any other associated services and activities helping LOA facilitate the LOA services with the highest possible quality.

LOA’s Subprocessors are only permitted to use your Personal Data to the extent deemed necessary to enable them to provide their services to us. These Subprocessors are required to comply with the applicable law as well as our security measures and policies.

Subprocessors used to facilitate the LOA Services:

  • Stripe

  • SeeTickets

  • Google Analytics

  • Sendgrid

  • MailChimp

  • Google Forms

  • Slack

  • Firebase

  • Facebook

  • Instagram

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