The General Data Protection Regulation

What is GDPR?

The General Data Protection Regulation (GDPR) is a new regulation by the European Union that aims to expand the protection of EU citizens' personal data and the control each citizen has over the personal data they share with organisations. This regulation will become the new standard for every organisation in the European Union as well as any organisation in the world that processes and uses data of EU citizens starting 25 May 2018. 
 

An organisation, relative to GDPR, is defined as any natural or legal person, public authority, agency, company or other body which is involved in the processing of an individual's personal data. There are two categories of data processing an organisation may fall under: data controllers and data processors. Event organisers using Afrikaanse Vertonings would be considered data controllers, whereas Afrikaanse Vertonings is both a data controller and a data processor.

Data controllers decide to collect personal data, which personal data to collect, how it's used, how long it's used for and who it's shared with. Data processors, on the other hand, are merely the means to which the data is stored and transferred; they process data on behalf of the data controller and do not decide how it's used. 
 

What is AfrikaanseVertonings.com doing to be GDPR compliant?

In anticipation of GDPR becoming effective 25 May 2018, and with the knowledge that some of our event organisers and ticket purchasers are based in the EU, Afrikaanse Vertonings have sought legal advice in order to ensure GDPR compliance.

Afrikaanse Vertonings does not carry out “high risk” processing of information, nor do we collect “sensitive” personal data. However, as a processor of personal data, Afrikaanse Vertonings shall ensure (and shall procure that any third party processors Afrikaanse Vertonings engages to process personal data on its behalf) adheres to all 6 processing principles as set out in GDPR. In this regard, Afrikaanse Vertonings shall ensure that we (and our third party processors):

1. Process personal data lawfully, fairly and in a transparent manner.

2. Collect personal data only for specified, explicit and legitimate purposes.

3. Only process personal data which is adequate, relevant and limited to what is necessary in relation to the purpose for which the personal data is processed.

4. Keep personal data accurate and up to date and we will correct inaccurate personal data, or delete same, where necessary.

5. Keep personal data in an identifiable format for no longer than is practically, or legally necessary;

6. Keep personal data secure.
 

As a general rule, we will only process personal information if:
 

1. The individual has consented to such processing, and not withdrawn his/her consent;

2. The processing is necessary for performing a contract with the individual e.g. the purchase of a ticket for an event; or

3. The processing is necessary for the purposes of our, or our event organiser’s, legitimate interests e.g. event management and crowd control.
 

Any personal information which is not necessary to perform a contract with a person, or necessary for our, or our event organiser’s legitimate interests, will require consent of the individual. Such consent may at any time be withdrawn.
 

Subject to legal requirements, we will endeavour to facilitate and respect individual’s rights to object to the processing of their information, their right to be forgotten, and their right to restrict the processing of information. As is currently the case, we will continue to honour an individual’s rights to object to any direct marketing activity, and any access requests.
 

We are in the process of updating our privacy policy so that it is concise, transparent, intelligible and easily accessible. Our privacy policy will be updated to ensure that it includes all information as set out in the GDPR.
 

If we become aware of a personal data breach which is likely to be of risk to individuals, we will notify the relevant supervisory authority(ies) without undue delay.
 

To the extent that we process personal data on behalf of our event organisers, we will comply with all aspects of the GDPR appropriate to us as “processors”. In addition, we will ensure that any processors of personal data we appoint are fully GDPR compliant.
 

Insofar as cookies are concerned, users of Afrikaanse Vertonings will be asked to expressly consent to the collection of any cookies which may contain personally identifiable information, and which cookies are not critical for our website function (such consent may be withdrawn at any time).

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TERMS OF USE: CONSUMERS

When we refer to ourselves in these terms, we refer to Afrikaanse Vertonings, as well as our affiliates, subsidiaries, and each entity’s officers, directors, agents, partners and employees.

 

1. We are not the organiser

Third party organisers use the Afrikaanse Vertonings platform to promote their events, fundraising campaigns and subscription offers. 

 

When purchasing tickets for an event, contributing to a fundraising campaign, or signing up for a subscription, you are contracting with the organiser and not with Afrikaanse Vertonings. We do not verify whether events, fundraisers, or subscription offers are genuine, nor whether any statements or descriptions made by the organisers are accurate. Prices and refund policies are set by the organisers. The organisers are responsible for delivering the event or subscription products or services, and for the proper application of donations. 

 

Events, fundraisers and subscriptions may be subject to specific terms and conditions which are set by the organiser. Read and understand these before buying a ticket, contributing to a campaign or signing up for a subscription. 

 

We are not responsible for any cancellation, postponement, limitation, or restriction of an event. 

 

Any disputes or complaints you have about an event, campaign or subscription are between you and the organiser, unless the issue concerns our checkout platform or process. We may mediate the dispute or complaint in certain cases, but this is in our sole discretion.

 

2. Payments 

Payments made via the platform are deemed to be made by the owner of the Afrikaanse Vertonings account used to make the payment, not to the owner of the credit card or bank account which is used to make payment. 

 

Creating an account and accessing the platform are free. However, we charge fees when we process payments. These fees may vary based on individual agreements between organisers and Afrikaanse Vertonings. Our fees typically comprise a percentage based fee ("Commission") and a fixed fee per item ("Booking Fee"). Organisers ultimately determine whether these fees will be charged to consumers and shown as fees on the applicable booking page or absorbed into the ticket, donation or subscription price and paid by the organiser out of gross proceeds. 

 

Our fees may change from time to time, and may vary based on several factors including but not limited to product type, price, country, payment method, and currency. Our fees can be viewed on the Afrikaanse Vertonings website under the relevant product section.

 

Our Booking Fee is non-refundable in all instances.

 

A payment is not confirmed until we receive payment in full. If we do not receive payment in full, we will notify you that the payment of the relevant amount has been unsuccessful.

 

Organisers select their payment processing method/s. You must use whatever payment processing method/s the organiser selects. If the organiser selects a payment processing method that uses a third party to process the payment, then neither Afrikaanse Vertonings nor any of its payment processing partners processes the transaction; we transmit your payment details to the organiser's designated payment provider. 

 

We don’t store any bank card details on our servers. These are stored with the relevant payment providers. 

 

If payment is made via electronic funds transfer, you must send us proof of payment, reflecting the correct bank account details, payment amount, and reference number.  

 

All fee amounts indicated on the booking and checkout page are inclusive of value-added and similar taxes. 

 

If any charge-back claim occurs, it is your responsibility to provide the organiser with all necessary documentation to resolve the claim.

 

If we suspect that a transaction may be fraudulent, we may request proof (for example, proof of identification, proof of address, etc.) to determine the validity of the transaction. 

 

3. Refunds 

All transactions are between you and the organiser. You must contact the organiser with any refund requests. Whether you are entitled to a refund will depend on the refund policy of the event. We do not determine (nor are we responsible for) the refund policy; this is determined by the event organiser (and is communicated to you during the ticket purchase process). Please check the refund policy carefully and take note of your rights. 

 

Any refund will exclude our fee and you will always be responsible for any bank charges incurred in processing any refund.

 

Where applicable, you authorize us to pay any refunds into the same account that you used to make the initial payment. 

 

If an event is cancelled, or where we believe there is a risk of cancellation or non-performance, and we have facilitated the transaction via one of Afrikaanse Vertonings' payment processing partners, we will initiate a refund of the transaction value (less our fee). Afrikaanse Vertonings also must be able to successfully complete the refund to your payment card account used for the underlying transaction. If your card issuing bank declines the refund, we may not be able to complete the refund. 

 

If you have made payment via electronic funds transfer or another payment method which cannot be automatically refunded, we will need your bank details to process the refund. We will request these from you in writing. We can’t refund you if we don’t have your bank details, and after 3 years, you will permanently lose the right to a refund.  

 

In certain instances, ticket proceeds are held by the organiser, and not by us. This will be communicated to you during the checkout process. Where this is the case, you must contact the organiser directly to obtain a refund. We are not responsible for processing refunds in instances where we don’t hold the ticket proceeds.  Where an organiser has selected an integrated third party payment method, Afrikaanse Vertonings has no control over the funds, and cannot process a refund without the cooperation of the relevant provider. 

 

4. Events 

Certain events may not be appropriate for younger attendees. Age restrictions are determined by the relevant organiser. Where you buy a ticket for an age restricted event, you must make sure that you do not allow any person outside the relevant age group to attend the event. 

 

Before purchasing tickets for a virtual event, you must make sure that you have the requisite equipment (including a suitable device and access to internet with sufficient bandwidth) to access the event. 

 

Tickets are emailed to you. You may only access an event with a copy of your ticket. We will not replace lost, destroyed or stolen tickets. Neither Afrikaanse Vertonings, nor the event organiser will be responsible if a third-party gains access to an event because you did not keep your ticket or Afrikaanse Vertonings account details secure.

 

5. Fundraisers

Afrikaanse Vertonings doesn’t verify the identity of fundraising beneficiaries, whether contributions to a fundraiser are tax deductible or whether fundraiser beneficiaries are using monies received for a legitimate purpose. 

 

Before contributing to a fundraiser, you must satisfy yourself with the legitimacy of the fundraiser, as well as the tax deductibility of your contributions.

 

Contributions to fundraisers are irrevocable, and no refund will be issued to you once you have contributed. 

 

6. Subscriptions 

The details of a subscription (as to frequency and amount) are set by the organiser. In certain instances, the organiser may allow you to determine your own subscription payments. 

 

When you subscribe to a subscription plan, you authorize us to debit the relevant subscription payments from your chosen account, on a recurring basis. Unless otherwise specified, billing commences on the date that the subscription is signed-up for and reoccurs on the agreed dates, until the subscription is terminated by you or the organiser. 

 

If you have agreed to make ongoing payments to a subscription campaign, you can, at any time, cancel any future payments (being payments which have not yet been collected). However, if you agreed to a specified number of recurring payments in exchange for particular goods or services from an organiser, you must ensure that you make the minimum number of payments to qualify for the goods or services. A failure to contribute to each and every payment may result in the organiser not providing the relevant goods or services to you and refusing a refund. 

 

7. Reviews 

Afrikaanse Vertonings may allow users to review events and campaigns.

 

Reviews are shared with the organiser, and the organiser may use these reviews in their own media or promotions. 

 

Reviews may be publicly displayed on our site (unless you disable this function), and will show your name, unless you have opted to post anonymously. 

 

Reviews which violate our Website Terms and Community Guidelines  may be removed. We may also remove reviews for any other reason, in our discretion.

 

8. Disclaimer, and Assumption of Risks by You

There are certain things we cannot promise.

Afrikaanse Vertonings does not guarantee that any event, subscription or fundraiser will meet expectations, or be safe, secure, uninterrupted, or error-free. 

 

Afrikaanse Vertonings has no control over and does not guarantee the quality, safety, accuracy or legality of any event or content associated with an event, subscription or fundraiser. Afrikaanse Vertonings has no responsibility to you for, and we disclaim all liability from, the acts or omissions of any third parties.

 

There are risks associated with attending physical events; by attending an event, you choose to assume those risks voluntarily. These risks include, but are not limited to, damage to property, personal injury, illness, disability or death. 

 

Certain events put you at increased risk. For example, attending a rock music festival could result in you suffering from hearing loss, seizures, or other injuries and health conditions caused by loud sounds, large crowds and special effects (such as flashing lights, laser projections, fireworks, etc.). 

 

In attending an event, you assume all risks of loss associated with loss or damage to your person and/or property.