LEGAL DOCUMENTS
FOR NYXAPP.NET AND ASSOCIATED SERVICES
Table of Contents
- Privacy Policy
- Introduction
- Information About Us
- Information Collection
- Information Use
- Information Sharing, Retention & Disclosure
- Data Storage
- Links To Third Party Sites
- Confidentiality & Security
- Community - Information Sharing Among Nyx' Users
- Accessing, Reviewing And Changing User's Personal Information
- User's Rights
- Changes To This Privacy Policy
- Cookies
- Law & Venue
- Contact
- User's Consent
- Cookie Policy
- Introduction
- Acceptance Of Cookies
- What Is A Cookie?
- Are Cookies Dangerous?
- Does Nyx Sell Cookie Data To Third Parties?
- How Does Nyx Use Cookies?
- How Can User Manage Cookies?
- Law & Venue
- Contact
- Consent Declaration
- Collection, processing and storage of personal data
- Exchange of personal information with third parties
- Addition of supplementary services
- Consent and withdrawal of consent
- Disclaimer
- Introduction
- Definitions
- Disclaimer
- Terms of Use
- Acceptance Of Use
- Definitions
- The Website
- Grant To Use
- User's Obligation
- Fees & Payments Terms
- Purchase of Products Or Services
- Ownership To Data
- Support
- Monitoring
- Changes To The Website, Application And/Or Nyx Apps
- Intellectual Property Rights
- Transfer, Novation & Assignment
- Export Control & Trade Restrictions
- Disputes & Choice Of Law
- Terms & Conditions for Tickets & Paid Memberships
- Acceptance Of Use
- Definitions
- Who Are Users Buying From
- Paid Memberships & Perks
- Pricing & Availability
- Order Confirmation
- Service Fees & Order Processing
- Currency
- Payment Methods
- Number of Tickets & "Ticket Limits"
- Transfer Of Tickets & Memberships
- Opening Acts / Festival Acts
- Canceled & Rescheduled Events
- Billing Information Verification
- Delivery Options
- Pricing & Other Errors
- Organizer Rules; Ejection & Cancellation; Redemption Value
- Recording, Transmission & Exhibition
- You Are Subject To Search
- Disputes & Choice Of Law
-
Identity Verification
- Acceptance of Use
- Definitions
- Service Provider
- Data Retention
- Validity
- Fraud
- Appendix: Instructions regarding personal data processing
- a. Purpose and nature of the data processing
- b. Categories of data subjects and personal information
- c. Special categories of data
- d. Location(s), including name of country/countries of data processing
- e. Special requirements to security measures that apply to Data Controller
- f. Processing of personal data outside EU
Hello
This is our collection of "legal mumbo-jumbo". You are welcome to read through it if you want, but to be clear and
concise, we're going to go over some of the main points in layman's terms to begin with.
What is Nyx?
Nyx is a collection of tools designed for and used by nightclubs, bars and event organizers all around the world. We
specialize in software that solves problems specifically for this industry.
When I sign up; where does my data go?
For end-users - that means nightclub guests, buyers of event tickets, applicants for memberships and so on - the data
goes to two places.
- Nyx (that's us); our database of users contains your personal information, hashed password, Facebook User ID,
Instagram username and such. We also store some information about the device you log into our services with, so
we can send data to it if required for our apps to function.
- The venue or nightclub you registered with. They receive a copy of the information you submit.
To be clear; while we list these as two separate "places the data goes", the data does not leave our systems. Nyx
safeguards your data as well as we possibly can, but just like
Google would do what they can to protect your G-mail inbox, they do not decide what you put in it or who you send
e-mails to. Similarly, the data you submit when you apply for memberships is made available to the venue you
register with -
via their Nyx account. They will use this data to consider you for a Membership (depending on their own rules and
guidelines) as well as to market their business to you using either SMS, e-mail or push-message based marketing,
assuming you consented to those when you signed up. The venues you register with receive a copy of the
information you submit. That becomes their data to control - which makes them the Data Controller from a legal
perspective. This data may be exported to third party services (such as e-mail marketing providers).
While your data gets copied to each venue you register with, you also have "just a Nyx account". We call this your
global
profile. We (Nyx) control this data and we use it to prefill your applications when you register with new
venues, so you don't have to enter in and verify all of your information again and again. You can manage this
profile
from within our apps or via our member portal, which you can find at members.nyxapp.net.
We also store history for used perks and payments you made (such as for event tickets or paid memberships).
Your global profile is directly linked to the data you supplied to each venue. When a Membership is made available
to you, you access that Membership via our apps using your global profile. This prevents you from needing a separate
login (or a separate app altogether) for each venue.
Do you sell or make my data available to third parties?
We don't. But the venues you sign up with have access to the data you submit to them (in your "application") as long
as they have an
account with us. They also
own the data in the sense that we are legally obligated to provide this data to them (if they ask for it)
even if they are no longer a customer of ours. This could be in the event that they wanted to use a different
membership system than Nyx and wanted to move their data. If you are concerned with the data or privacy policies of
a specific venue you will have to contact them directly.
I want my data removed!
We understand, and so is your right. You can always email us at customer@nyxapp.net (from the
e-mail address associated with your account) if you want us to delete your global profile, but there are some cases
where we cannot grant this request totally. This could be in cases where you provided consent to marketing for a
venue or if you bought a ticket or Membership on a subscription. We would need to retain some of your personal
information and information about the things you purchased or the consents you gave for some time. This is necessary
for us to prove that (a) we did receive your consent for a marketing type, and/or (b) you did purchase something
from
one of our customers. Legally, the GDPR allows for exemptions to the "Right to erasure". See Article
17 of the GDPR, especially section 3.e. In cases where
your request is rejected, we will remove data that is not necessary, such as your Instagram
username, your memberships or the messages you received from venues, but retain data such as your name, your e-mail
address and your date of birth. Our normal procedure is to remove the information we can, archive your account and
mark it
for removal. All of your data will be totally removed after 2 years of inactivity following your request to be
deleted. In cases where we do not need to retain your data, we will remove it immediately.
We will also
automatically delete your account if you have had no activity at all (no ticket purchases, membership
applications, perk uses, table prepayments, table bookings etc.) for 5 years.
Can I purchase anything from Nyx?
Yes. The only thing we currently sell to end-users is our Nyx Verified ID. With
that said, our customers (that's the nightclubs) might make something available for you to purchase via our platform
but from them. This could be tickets for events or memberships on a subscription model. You also use your
global profile to access these products. To make this easier, we store your credit card information indirectly
using Stripe. Indirectly
means we don't ever see your actual card information, but instead Stripe will give us an opaque token (a meaningless
string of characters) that we can use to tell Stripe to charge your card. This means that if we ever (finger's
crossed) had a data leak, your credit card information would not be part of it - we simply don't have it.
I was refused a membership. Can you help?
We cannot. We don't decide who receives a membership and who does not. You must contact the venue you applied to. We
cannot guarantee that their response will be satisfactory (or even come). That's the name of the game.
I want a refund for a ticket or membership!
You will have to contact the venue you purchased this service from. We are not a middle-man in any of these
transactions, we only handle the technical aspects; we do not have your money, so we cannot refund
it. Funds are paid directly to the seller of the product/service you buy, which is the club/venue that markets it on
our
platform. We do our best to make sure that people get what they pay for by communicating the "dos and don'ts" to our
customers (the nightclubs), but ultimately they have the final say. We may very well discontinue our relations with
repeat offenders or customers that have a negative impact on our image, so we will take your complaints to
heart.
1.1. INTRODUCTION
1.1.1.
nyxapp.net (and all subdomains such as, but not limited to,
customer.nyxapp.net,
www.nyxapp.net, tickets.nyxapp.net, signup.nyxapp.net and members.nyxapp.net) is a website ("Website")
through which members of Nyx Systems (hereinafter referred to as "Nyx") offer a
full-featured nightclub management suite, which is marketed under the brand Nyx. The various parts of Nyx are
made available via the Website and via apps, that can be accessed by the Customers through use of a designated
User ID and a password. Additionally, the Customer's client's (hereinafter referred to as "Members")
may access the services offered by the Customer via a Nyx app that allows them to make bookings, purchase
tickets, etc. Anyone accessing the Website, Nyx or a Nyx app is referred to herein as a User.
1.1.2.
Complimentary use of the Website does not require a User to submit
any personal
information. Businesses who sign up as Subscribers to all or parts of Nyx' nightclub management suite, as well
as those of their employees (jointly referred to as Users) who shall have access to the nightclub management
suite, need to submit certain information in order to be granted access to the restricted parts of
nyxapp.net and/or to Nyx' apps. Most of the information that needs to be submitted will be company and
business information. However, some personal information needs to be submitted, incl. e.g. name, title, phone
number and email of Users and Subscriber's designated contact person or system administrator as well as their
employees to the extent applicable for use of all features of the nightclub management suite.
1.1.3.
Similarly, the Customer's clients, who wish to become Members and
Members who wish to
make bookings, purchase tickets etc. via a Nyx service need to submit certain personal information in order to
be granted access, incl. e.g. name, phone number, date of birth, email and potentially social media profile(s).
1.1.4.
This Policy (together with our Terms of Use, the Disclaimer, the
Terms of
Subscription, and any other document referred to in it) sets out the basis on which any personal data we collect
from Users or Users provide to us, will be processed and stored by us.
1.1.5.
This Policy applies to Nyx' Websites, to Nyx and to Nyx' mobile
applications (the
apps).
1.1.6.
We take Users' privacy seriously and provide this Policy to inform
Users of our
practices with respect to how we collect/receive, use, store and protect personal information about visitors to
and Users of our Websites and apps.
Personal information is information that makes an individual
personally identifiable like a User's name, email address, phone number, mailing address, etc.
By using
this Website and the apps, User consents to the terms described in this Policy.
1.1.7.
This Policy may be amended by Nyx from time to time without notice to
Users. Users can
review the current version of the Policy on legal.nyxapp.net.
1.1.8.
Only the English version of the privacy policy (the "Policy")
is legally
binding. Translations – if any - have been provided purely for User's convenience. In the event of discrepancy
between a translation and the English version, the English version shall prevail.
1.2. INFORMATION ABOUT US
1.2.1.
Nyx ApS is registered in Denmark under company number 36201215. The
address of our
registered office and principal place of business is Artillerivej 86, 2300 Copenhagen S, Denmark.
1.2.2.
In most instances Nyx will be the data processor in respect of
personal information,
while Subscriber or User will be the data controllers. However, for certain types of personal information, Nyx
may be the responsible data controller.
1.3. INFORMATION COLLECTION
1.3.1.
Nyx may collect and process the following personal data about Users
of the Website,
Nyx
and/or the Nyx apps:
- Information that Users provide by filling in forms on the Website, Nyx or the apps. This includes
information provided at the time of registering to use our Website, Nyx or apps, signing up as a Subscriber
to our service, posting material or requesting further services or when User's apply for Memberships of any
of the Subscribers, or when Members do bookings, purchase tickets, etc. via the Nyx apps. We may also ask a
User for information when a User reports a problem with our Website or apps;
- A record of any correspondence with User;
- Details of which services User is interested in;
- Details of User's visits to our Website and apps including, but not limited to traffic data, location data,
web logs and other communication data, whether this is required for our own billing purposes or otherwise,
and the resources that User accesses;
- Information on whether User has opened and clicked on certain content in our emails sent to User;
- Information about User's computer, including where available User's IP address, operating system, browser
type and device ID, for system administration and to report aggregate information to our Subscribers or
advertisers; and information obtained from cookies. Please read further under Cookie Policy. This
information does not necessarily enable us to personally identify a User.
1.3.2.
Nyx does not require Users to enter any personal information in order
to make searches
on
the open parts of Nyx' Websites, Nyx or the apps, nor when being transferred to third-party websites.
1.3.3.
When a Subscriber registers as a Subscriber to Nyx or when a User
registers as a User of our services, including by way of application for Membership with any of the Subscribers,
we collect or request Subscribers and Users to provide information about the Subscriber and/or the User such as:
- Subscriber's and/or User's name, phone number, email address, physical address, date of birth and social
media handles/usernames;
- Details of User's visits to our Website and apps including, but not limited to traffic data, location data,
web logs and other communication data, whether this is required for our own billing purposes or otherwise,
and the resources that User accesses;
- If User chooses to log in using any social media or third party login provider, including but not limited to
Log in with Facebook
(https://developers.facebook.com/products/login),
Sign in with Google
(https://developers.google.com/identity/gsi/web/guides/overview),
Sign in with Apple (https://support.apple.com/en-us/HT210318)
or Log in with TikTok (https://developers.tiktok.com/doc/login-kit-web/)
if applicable, User is permitting Nyx to use and store
information related to User's profile, allowing Nyx to make use of any social media features on our
Website, in Nyx and/or in the Nyx apps. The social media provider may send us information in line with their
policies which may include User's name, email address, profile picture, application- or service-specific
User ID, date of birth and any other information approved for sharing by User during authorization with any
such service. If User wishes to revoke consent for use of their social media or third party login service,
User can contact Nyx to remove any such integration and associated data via customer@nyxapp.net.
1.3.4.
It is stated expressly on our Website, in Nyx and/or in the Nyx apps
whether the data
requested by us is mandatory or not.
1.4. INFORMATION USE
1.4.1.
The purposes of the processing of User's personal information are as
follows:
- administer the Website, Nyx and the Nyx apps;
- to enable User's access to and use of the Website, Nyx and/or the Nyx apps and to verify User's
authorization to access certain features of the Website, Nyx and/or the Nyx apps;
- Subscriber's and User's name, phone number, email address, and position;
- to fulfil User's requests for services from Nyx and/or from the Subscribers, including to communicate with
Users where they have contacted Nyx and/or the Subscribers;
- to personalize and customize the content and relevant services data that Users are offered;
- to optimize and personalize User's visits by remembering location and language configurations as well as
previous searches;
- to contact User, e.g. if User has subscribed to a newsletter or permitted Nyx to do direct marketing;
- send User marketing communications;
- to improve our services;
- to provide reporting to Subscribers.
1.4.2.
In order for Nyx to best protect any personal information, Nyx will
on an ongoing
basis
evaluate the risk that our data processing may adversely affect User's fundamental rights. In particular, we are
conscious of the risk of ID theft or discrimination, or that User suffers an economical loss, damage to
reputation or loss of data privacy.
1.4.3.
To the extent that the use of the Website, Nyx and/or the Nyx apps
requires our
processing of sensitive personal information, biometric data, or information about criminal records, Nyx will
conduct an analysis of the consequences of the data processing to User's privacy. Such analysis will be
conducted prior to our collection of personal information about User.
1.4.4.
Nyx collects, processes and stores only such personal information as
is relevant,
necessary and sufficient in relation to fulfillment of Nyx' regulatory or contractual duties and obligations or
which the Subscribers require as part of their use of the Website, Nyx or the Nyx Apps. Accordingly, our systems
are designed to collect only such personal information, which is necessary for the intended purpose or other
permitted use. Furthermore, our systems are designed to ensure that processing of collected personal information
is as limited as possible, and that the time of storage of such data is as short as possible. Nyx may also
consider whether the type of personal information submitted by a User may be used in an anonymized or
pseudonymized form, provided such use does not adversely affect Nyx' ability to meet its contractual or
regulatory obligations.
1.4.5.
It is User's responsibility to submit such personal information as is
required for use of the services made available via the Website, Nyx and/or the Nyx apps, and to ensure that
personal information submitted to us is correct and complete. Nyx reserves the right to check the accuracy,
integrity and completeness of personal information submitted to us by a User.
1.5. INFORMATION SHARING, RETENTION AND DISCLOSURE
1.5.1.
Nyx will not sell User's Personal Data to third parties, except in
the event of a sale
of
Nyx' business. Nyx shares data about User in the following situations:
- to provide the services User has requested including, without limitation services data, and data of services
from third parties such as:
- suppliers
- third party vendors
- business partners
- referring websites
- subsidiaries
- where required by law
- or when we have User's permission
1.5.2.
Also, Nyx shares data about Users under the following circumstances:
- Nyx may use third-party vendors (e.g. data centers, data processors, data storages and web-hotels) to assist
us in providing our services and may transfer User's personally identifiable information to such vendors who
have entered into a contract with us that protects the confidentiality of User's personal information and
permits the vendor to use it only as necessary to fulfil its contract with Nyx.
- We may disclose User's personal information for any of the purposes mentioned above to any member of the Nyx
Group, which includes our subsidiaries, our ultimate holding company and its subsidiaries. This also
includes entities which we may acquire as part of an acquisition at a future date.
- In response to subpoenas, court orders, or legal processes, or to establish or exercise our legal rights or
defend against legal claims.
- When we believe it is necessary to share information in order to investigate, prevent, or take action
regarding illegal activities, suspected fraud, situations involving potential threats to the physical
safety of any person, violations of Nyx' Terms of Use or Nyx' Subscription Agreements, or as otherwise
required by law.
1.5.3.
Any personal data about Users retained by Nyx (where Nyx is the Data Controller)
will be removed after 5 years of inactivity. Activity is defined as any one of situations where:
- User has registered as a member or employee with a Subscriber via Nyx;
- User has purchased a ticket via Nyx (including tickets at no cost) for an event hosted by a Subscriber;
- User has used ("swiped") a Perk provided by a Subscriber via Nyx;
- User has edited their personal data (their profile information) from within the Application or Website;
- User has logged into any of Nyx' Application for iOS or Android (or any part of our Website);
- User has any of their Nyx memberships or tickets registered as used ("scanned") by a Subscriber;
- User has reacted to ("read") a notification sent to them from within the Application or Website;
- User has any employment-related activity in Nyx, including shift assignment or contract signature with a
Subscriber;
- User has subscribed or resubscribed to promotional marketing with a Subscriber via services provided by Nyx;
1.6. DATA STORAGE
1.6.1.
All personal information that User provides to us is stored on secure
ISO/IEC approved
third-party servers where Nyx has purchased server storage capacity. At present we have servers located within
the EAA (European Economic Area). The personal information that we collect from User may be transferred to and
stored at a destination outside the European Economic Area ("EEA"). The transfer may be to any other member of
the Nyx Group, to Subscribers, or to other third parties as set out in this Policy. It may also be processed by
staff operating outside the EEA who work for us or for one of our suppliers, as well as by staff of our
Subscribers operating outside the EEA. By submitting User's personal information, User agrees to this transfer,
storing or processing. We will take all steps reasonably necessary to ensure that User's personal information is
treated securely and in accordance with this Policy. With respect to Users' personal information provided to us
via the Users' profiles on Facebook, Google+ or other social networks, Nyx has no responsibility for storage of
personally identifiable information by such social network providers.
1.6.2.
We may be required by law, to hold User's personal information in a
specific location
dependent upon the location from which User will access the Website, Nyx or the Nyx apps. Regardless of the
location in which User's personal information is stored we will take adequate measures to protect the security
of User's personal information.
These countries may have different and/or less string-ent privacy/data protection and data security rules than
those of User's own country. As a result, User's personal information may be subject to access requests from
governments, courts, or law enforcement in those countries according to the laws in those countries.
1.7. LINKS TO THIRD PARTY SITES
1.7.1.
Nyx provides links to third party websites and apps, e.g. after a
search, and may
provide
referrals to certain third parties' products or services. If User chooses to visit a third party's web-site or
use its products or services through any link provided by Nyx, please be aware that this Policy will not govern
User's activities and any information that User discloses to such third parties. We strongly encourage User to
read the privacy policies of the third-party websites and apps that User visits. We are not in any way
responsible for the content of the websites and apps that we provide links to, nor are we responsible for their
collection, processing and storage of Users' personal information.
1.8. CONFIDENTIALITY & SECURITY
1.8.1.
We limit access to personal information about User to employees who
we believe have a
legitimate need to come into contact with that information to provide services to User or in order to do their
jobs. Nyx will take reasonable technical and organizational measures to prevent loss, misuse, alteration,
unauthorized access or disclosure of User's personal information. While no website or app can guarantee full
security, we have implemented appropriate organizational, technical, and physical security procedures to help
protect User's personal information. We also use encryption when transmitting personal information that is
sensitive to User between User's systems and ours.
1.9. COMMUNITY – INFORMATION SHARING AMONG NYX' USERS
1.9.1.
If User chooses to include personally identifiable information in
User's comments,
open
text fields, or other areas of the Website or the apps intended for public viewing, other users will be able to
view and use this information. We recommend against posting Users' email address and other personally
identifiable information in this manner unless User is comfortable with the possibility of receiving unwanted
contact.
10. ACCESSING, REVIEWING, DELETING AND CHANGING USER'S PERSONAL INFORMATION
1.10.1.
We will offer User the ability to access, review and change certain
personal
information via the member portal at members.nyxapp.net
or in the Nyx apps. Nyx will delete personal information when it is no longer required for the purpose for which
it was collected or when requested by the relevant Users. Furthermore, upon User's request, we will deactivate
User's or its representative's' personal profile, and remove User's or its representative's' personal
information from active service. User's profile will be deactivated or blocked as soon as reasonably possible
based on User's activity. We will retain in our files and databases some personal information to prevent fraud,
resolve disputes, troubleshoot problems, assist with any investigations, enforce our Terms of Use, Disclaimer
and/or a Subscription Agreement, comply with legal requirements as permitted by law, and as part of our standard
server backup services. Therefore, User should not expect that all of their personal information will be
completely removed from our databases in response to User's request. User can request for their data to be
removed by emailing customer@nyxapp.net from the email address
associated with their Nyx account.
1.11. USER'S RIGHTS
1.11.1.
Users are entitled at any time to get information of which personal
data we possess
and process about them, where the personal information originates from, and what Nyx uses it for. Furthermore,
User is entitled to be informed of how long we will possess the personal information, and information of who
gets User's personal information to the extent that we share the information with others. However, Nyx is not
responsible for who gets access to User's personal information that has been made available by the Users to the
Subscribers, e.g. in connection with an application for a Membership to a Subscriber, as that is a matter solely
between the relevant User and the relevant Subscriber. Users rights may be restricted to the extent required for
the protection of other individual's personal information, protection of any business secrets or protection of
any intellectual property rights.
1.11.2.
Upon termination of a Subscription Agreement with Nyx, Subscriber is
entitled to
receive
a copy of any personal information transferred to us. Such copy will be provided in digital readable form.
1.11.3.
Users are entitled to have any incorrect personal information that
Nyx holds about
them corrected or deleted. Nyx may require Users to present proper identification (such as government issued ID)
to process such requests.
1.11.4.
Users may at any time request that we delete the personal
information that we possess
about them. The aforesaid notwithstanding, Nyx is permitted to keep such personal information as long as it is
required in order for Nyx to meet its contractual or legal obligations, and as part of our standard server
backup services.
1.11.5.
User is entitled to object to our use of personal information about
User, including
our sharing of personal information for marketing purposes. To the extent that User wishes to object to a
Subscriber's use of personal information about User, including for marketing purposes, that is a matter solely
between the relevant User and the relevant Subscriber for which Nyx has no responsibility.
1.11.6.
User is entitled to receive a copy of any personal information that
we possess about
User. User is furthermore entitled to request that we transfer the personal information that we hold to another
data processing provider (data portability) in the event that Subscriber decides to terminate the Subscription
Agreement with Nyx of if a User decides to terminate his/her Membership of a Subscriber.
1.12. CHANGES TO THIS PRIVACY POLICY
1.12.1.
Nyx may update this Policy from time to time. We will notify Users
about significant
changes in the way we treat personal information by sending a notice to the email address specified in User's
Nyx profile or by placing a notice on our Website.
1.13. COOKIES
1.13.1.
When using the Website, the Website sets and accesses cookies on
your computer. For
further details, see our Cookie Policy, which is available here on this Website.
1.14. LAW & VENUE
1.14.1.
This Policy shall be governed by and construed exclusively under
Danish law without
regard to the conflicts of law rules of Denmark or any other jurisdiction and any dispute between a User and Nyx
arising out of this Policy which cannot be settled amicably shall be subject to the sole and exclusive
jurisdiction of the District Court of Copenhagen, Denmark, subject to normal appeal under applicable Danish law.
1.15. CONTACT
1.15.1.
For any questions about this Policy, please contact us on: E-mail:
customer@nyxapp.net
or Tel.: +45 6127 4239.
1.16. USER'S CONSENT
1.16.1.
Subscribers who provide personal information about the employees
and/or their Members
are responsible for informing their employees and Members that the Subscriber has entered into a Subscription
Agreement with Nyx. User is further aware that to the extent that a Subscriber wishes to provide its employees
with access to the services available via Nyx' Website, Nyx and the Nyx apps, the Subscription Agreement
requires User or User's employer to submit certain corporate and business information to Nyx, as well as certain
personal information in respect of the designated Users and representatives of Users. User hereby consents to
Nyx' collection of such personal information about User as is required for the purpose of the Subscription
Agreement and for the use of the Website, Nyx and the Nyx apps and the services made available through these.
1.16.2.
Where User uses Facebook Login or Google+ Sign-in for accessing
nyxapp.net, User
is permitting Nyx to use and store information related to those profiles, allowing us to make use of any social
media features on our Website or apps.
1.16.3.
User is further informed and consents to that Nyx may share User's
personal
information with third parties, as set out in clause 1.5.1 and clause 1.5.2 above.
1.16.4.
User is aware and consent to that Nyx and its Subscribers may use
User's personal
information for the purpose of conducting marketing activities towards User, including newsletters.
1.16.5.
These consents have been given of User's own free will, and User may
revoke his/her
consent at any time.
Nyx Systems - Privacy Policy
Rev. 3, April 2022
2.1. INTRODUCTION
2.1.1.
nyxapp.net (and all subdomains such as, but not limited to,
customer.nyxapp.net,
www.nyxapp.net, tickets.nyxapp.net, signup.nyxapp.net) is a website ("Website") through which members
of the Nyx
Systems Group
(hereinafter referred to as "Nyx") offer a full-featured nightclub management suite, which is marketed
under the
brand Nyx. The various parts of Nyx are made available via the Website and via apps, that can be accessed by the
Customers through use of a designated User ID and a password. Additionally, the Customer's client's (hereinafter
referred to as "Members") may access the services offered by the Customer via a Nyx app that allows
them to make
bookings, purchase tickets, etc. Anyone accessing the Website, Nyx or a Nyx app is referred to herein as a User.
2.1.2.
Only the English version of the cookie policy (the "Policy")
is legally
binding.
Translations – if any - have been provided purely for User's convenience. In the event of discrepancy between a
translation and the English version, the English version shall prevail.
2.1.3.
This Policy (together with our Privacy Policy) sets out the basis on
which any
personal
data we collect from Users or Users provide to us, will be processed by us.
2.1.4.
This Policy applies to the Nyx Website, to Nyx and/or mobile
applications (the apps)
in
the different markets in which Nyx ApS ("Nyx"quot;) operates.
By using this Website and/or apps User consents to the terms described in this Policy.
2.1.5.
This Policy may be amended by Nyx from time to time without notice to
Users. Users can
review the most current version of the Policy on legal.nyxapp.net.
2.2. ACCEPTANCE OF COOKIES
2.2.1.
The Nyx Website, Nyx and/or the Nyx apps use cookies and other data
files
(collectively
referred to as "Cookies") covered by the EU E-privacy Directive.
2.2.2.
First time User visits one of Nyx' Website, Nyx and/or the Nyx apps,
User will be
notified that we use cookies, and asked to accept our use of cookies. If User does not wish to allow our use of
cookies on User's computers or other devices used to access the Website, Nyx and/or Nyx apps, User may reject
our request. However, please note that if User deletes or rejects/blocks cookies, User's access to Website, Nyx
and/or Nyx apps may be more or less limited, or the functionality at the Website and/or apps may be
insufficient or not functioning at all.
2.3. WHAT IS A COOKIE?
2.3.1.
A cookie is a small amount of data in the form of a very small text
file that Nyx
transfer to User's browser and that only Nyx' servers can read. Each and every cookie is unique and comprised of
the name of the website that created it and a one-of-a-kind string of digits and letters.
2.3.2.
The vast majority of websites and apps place cookies on User's
device's hard drive
(computer, mobile phone or tablet) as User browses them. They do this through User's web browser – for example,
Google Chrome, Internet Explorer, Safari or Firefox. A cookie is only readable and retrievable by the website
that created it and different websites are not able to share information through cookies.
2.3.3.
Some cookies ("session cookies") only last for the duration
of User's visit.
These
session cookies disappear from User's computer or mobile device when User closes his/her browser. Other cookies
stay on User's computer or mobile device after User's browser has closed and last for a specified amount of
time. These "persistent cookies" are activated each time User visits the site that generated them.
2.3.4.
When User visits the Website, Nyx and/or Nyx apps, the cookie
captures specific
session
data to streamline User's experience. You could say cookies are like a website's "memories" of User,
helping it
recall how User has navigated around its pages, and the choices User has made along the way. A website that
remembers User is much easier and faster to navigate than one that does not. That's why most of the websites use
cookies.
Cookies do not contain personal information and User cannot be personally identified from a cookie.
However, if a User selects to save his/her user-name and password, the Nyx Website, Nyx and/or Nyx apps will
save this information in a cookie so that User will not be required to sign in each time User visits the Website
and/or apps.
2.4. ARE COOKIES DANGEROUS?
2.4.1.
Cookies are small and simple strings of characters known as text
files. Unlike
computer
viruses, cookies are not computer programs as they do not com-prise codes. This means cookies are incapable of
harming User's device, e.g. by spreading viruses, and they cannot read User's personal information.
2.5. DOES NYX SELL COOKIE DATA TO THIRD PARTIES?
2.5.1.
Placing our Users first has always been a fundamental guiding
principle of what we do.
Accordingly, Nyx does not sell User's data to a third party, except in the event of a third party's acquisition
of Nyx' entire business. This includes information connected to our cookies.
However, Nyx may allow other companies that show advertisements or offer Products or Services on some of our
Websites, Nyx and/or Nyx apps to set and access their cookies on User's computer. Other companies' use of their
cookies is subject to their privacy policies, not this one. Other companies do not have access to Nyx' cookies.
2.6. HOW DOES NYX USE COOKIES?
2.6.1.
When User uses one of our Websites, Nyx and/or Nyx apps, the
following 4 categories of
cookies may be set on User's device:
- Strictly necessary
These cookies are essential for User to move around our Websites,
Nyx
and/or Nyx apps, and use their features. Without these cookies our Services won't work properly.
These
cookies do not gather information about User's that could be used for marketing or recording where User has
been on the internet.
- Functionality
These cookies allow our Websites, Nyx and/or Nyx apps to remember User's
choices and preferences. They enable us to provide User with enhanced and personalized features.
These cookies can also be used to remember changes User's has made to text size, fonts and other parts of
our Websites that User can customize via User's browser.
These cookies do not collect any information that could identify User personally. They do not gather any
information about User that could be used to sell advertising or remember where User has been on the
internet.
- Performance
In order to keep Nyx' Websites, Nyx and/or Nyx apps easy to use, relevant
and up-to-date, we use web analytics services to help us understand how people use our Website and/or apps.
Web analytics data and cookies cannot be used to identify User as they never contain personal information.
They are used solely for our own statistical purposes.
We generally use independent measurement and research companies to collect these statistics for us. In such
cases, these cookies may be set by a third party company (third party cookies).
- Targeting
We also use cookies to assist in targeted advertising. These cookies are used
to show User ads containing own and third parties products and services, and prices, and new features and
functionality on the Websites, Nyx and/or Nyx apps we believe User will be interested in. User may see
these same ads while using a website other than Nyx'. We tailor our ad-campaigns with relevant content
because we want to inspire User in identifying and ordering User's preferred products and services and in
order to inform User of new features and functionality that will enhance User's experience when using the
Website, Nyx and/or Nyx apps.
Although these cookies can track User's visits around the web, they don't know who User is. These cookies do
not collect any sensitive personal information about User.
We also include links to social networks like Facebook, Twitter and Instagram. These sites may subsequently
use information about User's visit to a Nyx Website, Nyx and/or Nyx apps to target User with ads on their
websites.
2.7. HOW CAN USER MANAGE COOKIES?
2.7.1.
User can decide whether to accept or delete all Cookies, or to
control Cookies
individually for each Website and/or apps. User can also block the use of Cookies completely. For precise
information on how to manage cookies via User's browser, please visit the browser's "Help" section.
2.7.2.
Most browsers will allow User to:
- See what cookies User has or are set on User's device(s) and delete them individually
- Block third party cookies
- Block cookies from particular sites
- Block cookies entirely
- Delete all cookies when User closes their browser
2.7.3.
Please remember that any changes User makes to User's cookies
settings will apply to
all
websites that User visits, not just Nyx' (unless User chooses to block cookies from a particular site only).
2.7.4.
Please note that, if User deletes or blocks cookies, User's access to
Nyx' Websites,
Nyx
and/or Nyx apps may be more or less limited, or the functionality of the Website, Nyx and/or Nyx apps may be
insufficient or not functioning at all. Therefore, Nyx requires User to have cookies enabled to access certain
portions of the Website, Nyx and/or Nyx apps.
2.8. LAW & VENUE
2.8.1.
This Policy shall be governed by and construed exclusively under
Danish law without
regard to the conflicts of law rules of Denmark or any other jurisdiction and any dispute between a User and Nyx
arising out of this Policy which cannot be settled amicably shall be subject to the sole and exclusive
jurisdiction of the District Court of Copenhagen, Denmark, subject to normal appeal under applicable Danish law.
2.9. CONTACT
2.9.1.
For any questions about this Policy or how our cookies work, please
contact us on:
E-mail: customer@nyxapp.net or Tel.: +45 6127 4239.
Nyx Systems - Cookie Policy
Rev. 2, August 2021
3. STATEMENT OF CONSENT TO COLLECTION, PROCESSING, STORAGE AND EXCHANGE OF PERSONAL DATA
- back to top
Collection, processing and storage of personal data
I am informed that my employer and/or the nightclub to which I am a Member or apply to become a Member, as
applicable (hereinafter referred to as the "Customer") has entered into a Subscription Agreement with
Nyx about
the use of Nyx' nightclub management system, which is made available via Nyx' Website and/or its apps (the
software components are referred to herein as the Application), for management of nightclubs.
I am also informed that use of the Application is based on the Customer's and the employees' and the Member's
self-service via Nyx' Website and/or its apps. In order to use the Application, it is required that I and/or
the Customer transfer/submit such personal information as is required in order to use it and for it to function
according to its purpose.
The categories of information that is normally collected, processed and stored are listed under Nyx Data
Privacy Policy, which I have acquainted myself with.
I hereby give my consent to the Customer's and my transfer to and Nyx' collection, processing and storage of
those of my personal data, which are collected from the Customer, myself, Members, and from possible third
parties, whom I have permitted to transfer personal data about myself. My consent includes such personal data as
is required for the Customer's and my use of the Application.
I further give my consent to Nyx' compilation of data collected from various sources for analytical use etc. of
my use of the Application and for possible offers to me of other services, which Nyx deems may be of relevance
to me.
Exchange of personal information with third parties
I am informed that the Application is made available to me through Nyx' use of third party servers and databases
for operation of the Application and for data storage, and that in connection with use of the Application my
personal data may be exchanged with such third party servers and databases both within and, if applicable,
outside EU.
I am also informed that when using the Application, my personal data may be exchanged between the Application
and the Customer.
I am further informed that to the extent Nyx delivers user-support to the Customer via third-party supporters,
or to the extent that Customer elects to receive user-support from others than Nyx regarding the use of the
Application, Nyx or the Customer may grant such third parties access to the Application and the information that
has been transferred to or processed or stored via the Application, including personal data about myself.
I hereby give my consent to the exchange described above of my personal data in connection with the Customers
and my use of the Application, and in connection with any third-party support. I further accept that the
transfer of personal data to third-parties - as described above - is a matter between myself and the Customer
and/or the relevant third-party, and that it is therefore of no relevance to and without any liability for Nyx.
Addition of supplementary services
Third-party apps
I am aware that the Application has been coded with a so-called open API ("Application Programming
Interface"),
which makes it possible for third parties to develop apps (software-solutions) that can offer supplementary
services, and which can communicate with the Application's API, including exchange of data across the software
programs, so that the Customer and I, in addition to the functionality that are available via the Application,
may elect to also use functionality available via such other third-party apps.
I hereby give my consent that to the extent I decide to install and use such third-party apps, automatic
transfer may take place from the Application to the third-party provider of the app of my personal data which
Nyx has received via the Application, regardless of whether the third-party is located within or outside EU, and
that Nyx is without any responsibility or liability for the relevant third-party app providers processing and
storage of such personal data after it has been transferred, as, upon my acceptance of a third-party's app, an
independent relation is established between me and the third party provider of such app.
Newsletters and/or News magazines
I am informed that if I subscribe to Nyx' or the Customers' newsletters and/or news magazines, I give my
consent to that Nyx registers the personal information that I myself provide, including my e-mail address,
preferences with regard to topics of interest, etc.
I am informed that when I register as a Member with a Customer I agree to receive promotional material from the
given Customer, either directly or through third-party apps/services, by phone, SMS, e-mail, mail, push or any
other method the Customer wishes to use for distribution of said material.
I am also informed of and hereby give my consent that in addition to the use of such personal information for
automatic distribution to me of Nyx' and/or the Customers' newsletters and/or news magazines, such personal
information may also be used for marketing towards me, e.g. of offers from the Customer, new functionality
within the Application, which I may use, information of new partners that Nyx or the Customer has entered into
agreements with, or information of new third-party apps that have been developed to communicate with the
Application, and which may offer additional functionality.
Consent and withdrawal of consent
This consent has been given by me freely, and I may at any time withdraw my consent.
I am informed that whole or partial withdrawal of my consent may affect my use of the Application or render it
impossible to use.
Nyx Systems - Statement of Consent
Rev. 2, August 2021
4.1. INTRODUCTION
4.1.1.
Only the English version of the disclaimer (the "Disclaimer")
is legally
binding. Translations – if any - have been provided purely for User's convenience. In the event of discrepancy
between a translation and the English version, the English version shall prevail.
4.2. DEFINITIONS
4.2.1.
The Definitions used in the Terms of Use and in the Terms of
Subscription shall,
unless
otherwise defined herein, apply to this Disclaimer.
4.2.2.
Any reference herein to Nyx shall include any and all of its
Affiliates, owners,
directors, officers, employees, agents and consultants, except that this shall not constitute an undertaking
that any of Nyx or its Affiliates, owners, directors, officers, employees, agents or consultants shall be held
jointly or severally liable for the obligations and liabilities of each other.
4.3. DISCLAIMER
4.3.1.
Any use of the Website, Nyx and Nyx' apps, including the restricted
parts of the
Website, is subject to this Disclaimer and at the Users' sole risk and expense.
4.3.2.
The Website, Nyx and Nyx' apps and information on the Website, Nyx
and Nyx' apps is
provided on an "as is" and "as available" basis without any warranties or representations of any kind, either
express or implied. While Nyx intends that all information shall be as accurate and up-to-date as possible, Nyx
does not guarantee or represent the completeness, reliability or the accuracy of the information contained
within the Website and/or the apps, and cannot be held liable for any actions, including selling or purchasing
decisions, taken based on the information provided.
4.3.3.
To the maximum extent permitted by applicable law, Nyx disclaims all
warranties,
express or implied, including, without limitation, any implied warranties of merchantability, fitness for a
particular purpose and non-infringement of third party intellectual property rights for itself and its
Affiliates.
4.3.4.
Nyx does not warrant that the Website, Nyx and Nyx' apps will meet
Users'
requirements
or be uninterrupted, timely, secure, or error-free, nor does Nyx make any warranty with respect to the results
that may be obtained from the use of the Website or the apps, the services advertised or offered or merchants
involved.
4.3.5.
Nyx is not responsible for any loss or injury caused by User's
operating errors when
accessing and using the Website and/or the apps and its available services.
4.3.6.
For purposes of clarity, Nyx does not make any representations about
and disclaims all
warranties with respect to any actions or omissions of a service provider or third party content owner.
4.3.7.
In the event that User informs Nyx of errors on the Website and/or
the apps or their
content, logic or their functionality, or if Nyx itself detects such errors, Nyx' liability shall be limited to
rectify the error.
4.3.8.
Nyx disclaims any control over, relationship with, or endorsement of
websites to which
the Website, Nyx and/or Nyx' apps are linked, as well as to any third party apps that may be able to interact
with the Website, Nyx and/or Nyx' apps.
4.3.9.
Nyx shall not be liable for any loss whether direct, indirect,
incidental or
consequential, arising out of access to, use of or reliance upon any of the content on the Website, Nyx and
Nyx' apps or on the sites and apps to which the Website, Nyx and/or Nyx' apps are linked, regardless of
whether such content is accurate or complete, and Nyx will not pay any damages whether for loss or injury,
punitive or otherwise because of any such access to, use of, or reliance upon any of the content on the Website
and/or the apps or on the sites and apps to which the Website and/or the apps are linked.
4.3.10.
Nyx cannot guarantee that all available content will be found by a
User through use
of
the Website, Nyx and/or Nyx' apps, and cannot be held liable for failure to identify all content through a
User's search.
4.3.11.
Purchase by a User of products or services from a third party via
links on the
Website, Nyx and/or Nyx' apps is a transaction between the User (purchaser) and such third party only, and Nyx
cannot be held liable for the third party's decision to offer, promote or sell its products or services, nor for
the purchasing specifications, or the correctness or completeness of the third party's information about the
potential purchaser, or for the failure by a User to pay for products or services via the Website and/or the
apps. Similarly, Nyx cannot be held liable for User's decision to purchase products or services via the Website,
Nyx and/or Nyx' apps, nor for the purchasing specifications, or the correctness or completeness of any
information about the products or services, or for the failure by a third-party seller to deliver the purchased
products and/or services, or for any delay or defects in the products and/or services.
4.3.12.
User understands and agrees that Nyx or any other parties involved
in creating,
producing, transmitting, or distributing the Website, Nyx and/or Nyx' apps or related Products or Services,
shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including
but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if Nyx may
have been advised of the possibility of such damages), resulting from: (i) User's use or inability to use the
Website, Nyx and/or Nyx' apps and/or the Products and Services offered or provided via them; (ii) the cost of
procurement of substitute Products and Services resulting from any Products, information, information or
Services purchased or obtained or messages received or transactions entered into through or from the Website
and/or the apps; (iii) unauthorized access to or alteration of User's transmissions or information; (iv)
statements or conduct of any third party on the Website, Nyx and/or Nyx' apps; (v) or acts of nature, forces,
or causes beyond Nyx' reasonable control, including, without limitation, internet failures, computer equipment
failures, telecommunication equipment or other equipment failures, electrical power failures, strikes, labor
disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, floods, storms,
explosions, acts of god, war, governmental actions, orders of domestic or foreign courts or tribunals,
non-performance of third parties, or loss of or fluctuations in heat, light, or air conditioning or (vi) any
other matter relating to the Website, Nyx and/or Nyx' apps however caused and on any theory of liability
(including negligence).
4.3.13.
In no event shall Nyx' total liability to a User for all damages,
losses and causes
of action whether in contract, tort (including but not limited to, negligence) or otherwise exceed the lesser of
the amount paid by User to Nyx during the last 12 months prior to the incident that caused the loss, if any, or
DKK 100,000 per year.
4.3.14.
Some jurisdictions do not allow the exclusion of certain warranties
or the
limitation
or exclusion of liability for incidental or consequential damages. Accordingly, Nyx' liability in such
jurisdictions shall be limited to the maximum extent permitted by any law that may apply to such liability.
4.3.15.
The Website, Nyx and/or Nyx' apps may provide links to other
websites and/or apps.
Nyx is not responsible for the availability of such other websites and/or apps and does not endorse or assume
any liability for any content, products or other materials available on such other websites and/or apps.
Further, Nyx reserves the right to terminate any link or linking program at any time.
4.3.16.
The material that Users read on the Website, Nyx and/or Nyx' apps is
provided solely
for information purposes. By using the Website, Nyx and/or Nyx' apps and their contents, User agrees to
indemnify and hold Nyx harmless from any and all claims and expenses, including (without limitation) attorney's
fees, arising from User's use of the Website, Nyx and/or Nyx' apps, User's use of the services offered via the
Website, Nyx and/or Nyx' apps, or User's submission of ideas and/or related materials to Nyx, or from any
person's use of User's Logon Information, regardless of whether such use is authorized by User.
4.3.17.
Where Nyx has provided any Products and/or Services to a User, Nyx
cannot be held
liable for losses caused by outdated, inaccurate or incomplete information provided to Nyx by third parties,
whether under contract or not.
4.3.18.
Nyx cannot be held liable for failure by a User to obtain export
control permits or
for any
losses caused thereby.
Nyx Systems - Disclaimer
Rev. 2, August 2021
5.1. ACCEPTANCE OF USE
5.1.1.
Only the English version of the Terms of Use is legally binding.
Translations – if any
- have been provided purely for User's convenience. In the event of discrepancy between a translation and the
English version, the English version shall prevail.
5.1.2.
Any and all use of the Website, the cloud-based nightclub management
application (the
Application) and/or the Nyx Apps, and the Information and Services made available through any of these is
subject to the latest version from time to time of these Terms of Use and the Disclaimer, and any User, whether
as a Website- or App-visitor or as a Subscriber or Organizer, is deemed, through the use of the Website, the
Application and/or the Nyx Apps, to have accepted to be bound hereof and of the Disclaimer.
5.1.3.
If User purchases any of the Paid Services made available via the
Website, the
Application and/or the Nyx Apps, Nyx' Terms and Conditions for Nyx Tickets shall apply, unless the provider of
such Paid Services has issued his own terms and conditions for such Paid Services.
5.1.4.
By acceptance or deemed acceptance of the Terms of Use and the
Disclaimer, Users
further accept to be bound by Nyx' other policies that are relevant for the use of the Website, the Application
and/or the Nyx Apps, including its Information Privacy policy and Cookie policy, which are available on the
Website.
5.1.5.
Nyx may modify these Terms of Use, the Disclaimer, as well as the
contents and
functionality of the Website, the Application and/or the Nyx Apps from time to time without notice to User. User
can review the most current version of the Terms of Use and the Disclaimer on the Website. It is the User's
responsibility to acquaint itself with the applicable Terms of Use from time to time, and continued use of the
Website, the Application and/or the Nyx Apps following the posting of changes, alterations and/or modifications
will constitute the relevant User's acceptance of the revised Terms of Use.
5.1.6.
Please read the Terms of Use and the Disclaimer carefully before
using the Website,
the Application and/or the Nyx Apps. If User does not agree to the Terms of Use and the Disclaimer, User is not
permitted to use the Website, the Application and/or the Nyx Apps.
5.1.7.
Consumers who wish to file complaints related to the purchase of
goods and services
via the Website may do so in Denmark at "Center for Klageløsning" in the Danish Competition and
Consumer Agency,
Carl Jacobsens Vej 35, 2500 Valby, Denmark, via the use of the website www.forbrug.dk.
Consumers may also use
the EU Commission's online claims-portal at http://ec.europa.eu/odr.
When filing a claim, the claimant shall
inform of Nyx' email address, customer@nyxapp.net.
5.2. DEFINITIONS
5.2.1.
"Affiliate" means Nyx and any other entity that, directly
or indirectly
through one or more intermediaries or controls, is controlled by, or is under common control with Nyx, or which
controls Nyx.
"Application" means a full-featured nightclub management suite, which is marketed by Nyx
under the brand Nyx, Nyx Nightclub Management, Nyx nightlife platform and/or the cloud-based features made
available by Nyx via the Website nyxapp.net (or any
subdomain of nyxapp.net), the
Application and/or the Nyx Apps, which allows Users to apply for and manage memberships (both paid and free
memberships) of nightclubs that subscribe to the Application, purchase tickets or sign up for Events organized
and offered for sale by Subscribers to the Application and/or Organizers, and which allows Subscribers and
Organizers to organize and manage their Events via the Application available on the restricted part of the
Website and/or the Nyx Apps.
"Cookie Policy" shall mean the cookie policy posted on legal.nyxapp.net, as
amended from time to time.
"Disclaimer" means the disclaimer by Nyx published on legal.nyxapp.net, as
amended from time to time.
"Event" means any event referred to on the Website, the Application and/or
the Nyx Apps which is offered for sale by the relevant Subscriber and/or Organizer.
"Event Information"
means Information of an Event made available via the Website, the Application and/or the Nyx Apps in any form.
"Indemnities" means Nyx, its Affiliates, and any owners, officers, directors, employees,
agents,
consultants, suppliers or any other parties involved in creating, producing, transmitting, or distributing the
Website, the Application and/or the Nyx Apps and/or Information.
"Information" means any and all
information made available electronically to Users via the Website, the Application and/or the Nyx Apps, whether
such information has been generated and/or published by Nyx or by Subscribers or by Organizers, or through the
collection of publicly available data.
"Nyx" means Nyx Systems ApS, a limited liability company duly
incorporated and registered under the laws of Denmark (company registration no. 36201215), having its registered
business address and principal place of business at Artillerivej 86, 2300 Copenhagen S, Denmark. References
to
Nyx herein shall include its Affiliates, except that no Affiliate shall be held liable for obligations and
duties of any of the other Affiliates.
"Organizer(-s)" means the organizer of an Event that is offered
to Users of the Website, the Application and/or the Nyx Apps.
"Organizer Information" means all
information about an Organizer and the Organizer's Events, when such information is made available on the
Website, the Application and/or the Nyx Apps.
"Membership(-s)" means a digital or physical membership granted to a User by a Subscriber via
the App or Website. When User holds one or more Memberships, User is a Member by definition.
"Ticket(-s)" means a ticket, typically a proof of purchase for entry to en event provided
by an Organizer or Subscriber.
"Paid Service(-s)" has the meaning of Services as defined
in Nyx' Terms and Conditions of Nyx Tickets & Paid Memberships.
"Service(-s)" means the Information,
features and functionality of the Website and/or the Nyx Apps made available to Users.
"Subscriber(-s)"
means a User who has entered a separate subscription agreement with Nyx. Typically, this would be a customer of
Nyx, i.e. a nightclub, a bar or an event organizer.
"Privacy Policy" means
the privacy policy posted on legal.nyxapp.net, as amended from time to time.
"Terms of Use" means
these terms of use.
"Terms and Conditions of Nyx Tickets & Paid Memberships" shall mean the terms
posted on legal.nyxapp.net as amended from time to time, which are applicable to Paid Services purchased via the
Website, the Application and/or the Nyx Apps.
"Updates" means bug fixes, patches, upgrades, enhanced
functions, plugins and new versions of the Website, the Application and/or the Nyx Apps.
"User(-s)" means
any and all persons who enter into and/or use the Website, the Application and/or the Nyx Apps, whether in their
own or any third party's interest.
"Member(-s)" means any User who has registered with a Subscriber in order to become a member
of their business, usually materialized in the form of a digital or physical membership card or token given by
the Subscriber to the User upon membership approval.
"Nyx Apps" means any piece of software made available by Nyx to Subscribers, Organizers or
Users via
either the Website, iOS, macOS, Windows, Android, Linux or any other operating system or Device delivered via
either a web-browser, Apple's AppStore
or Google's Google
Play platform or any other software provider.
"Website" means the website made available under the address
nyxapp.net (and all subdomains such as, but not limited to, customer.nyxapp.net, www.nyxapp.net,
tickets.nyxapp.net, signup.nyxapp.net and members.nyxapp.net), as further described under clause 5.3. The term
Website shall further
include such additional modules, features and/or functionality that are currently or subsequently added to the
unrestricted parts of the Website and/or the Nyx Apps.
5.3. THE WEBSITE
5.3.1.
The Website is a specialized website designed by Nyx to allow
Subscribers and/or
Organizers to effectively manage and market their Events, and which allows Users to apply for and manage
memberships of nightclubs that are Subscribers to the Application, purchase tickets or admissions, and/or sign
up for Events offered by the Subscribers and/or Organizers.
5.3.2.
Users may enter or upload certain personal information via the
Website when creating
a User profile on the Website. Information that has been uploaded will be retained by Nyx, and will not be
shared with any Subscriber or Organizer, unless the User applies for Membership (both paid and free memberships)
of one or more nightclubs that are Subscribers to the Application, or if User
purchase tickets or admissions, or signs up for Events offered by the Subscribers and/or Organizers, in which
case the information provided by the User will be shared with that particular Subscriber and/or Organizer.
5.3.3.
Subscribers shall not have access to User information provided to Nyx
via the Website,
except to the extent that Users apply for Memberships of nightclubs that are operated by Subscribers to the
Application, purchase tickets or admissions, and/or sign up for Events offered by the Subscribers and/or
Organizers.
5.3.4.
Subscriber and/or Organizer becomes the data-controller in respect of
all personal
information that is transferred from Nyx to Subscriber upon a User's application for memberships of nightclubs,
purchase of tickets or admissions, and/or sign up for Events offered by the Subscribers and/or Organizers, and
User shall direct all questions in respect thereof to the relevant Subscriber and/or Organizer.
5.3.5.
Event and Organizer Information and other Information available on
the Website, the
Application and/or the Nyx Apps has either been made accessible by Organizers, or merchants, or been gathered by
Nyx from public-domain sources.
5.3.6.
Subscribers and/or Organizers listed on the Website are independent
third parties and
Nyx is not acting as a principal, agent, broker or merchant with respect to any advertisers, Subscribers or
Organizers referred to on the Website, the Application and/or the Nyx Apps. User's relation with any Subscriber
and/or Organizer that User contacts through the Website, the Application and/or the Nyx Apps, including the Paid
Services is solely a transaction directly between the Subscriber and/or the Organizer, as the case may be, and
the User, and User agrees not to hold Nyx liable for any loss or damage of any sort incurred as the result of
any business conducted with the Subscriber and/or Organizer or as the result of the content provided by such
Subscriber and/or Organizers through the Website, the Application and/or the Nyx Apps.
5.3.7.
In the event of Nyx enabling Users to add content to the Website
and/or the Nyx Apps
in the form of reviews, contests or other features, Nyx shall have a perpetual royalty-free entitlement, at its
absolute discretion, to publish, edit, refuse, or delete content provided to it.
5.4. GRANT TO USE
5.4.1.
Users are granted a personal, non-exclusive, non-transferable,
non-sublicensable, and
revocable right to use the Website and/or the Nyx Apps for their intended use, including as a portal for any
Paid Services, but are not granted any ownership rights or other rights over the Website, the Application
and/or the Nyx Apps or their content.
5.4.2.
Nyx reserves the right at its sole discretion to suspend or terminate
use of the
Website, the Application and/or the Nyx Apps at any time, for any reason or for no reason at all. Nyx further
reserves the right at its sole discretion to change, suspend, or discontinue all or some aspects of the content,
design, features, functionality, and/or any other aspect of the Website, the Application and/or the Nyx Apps
at any time without prior notice.
5.5. USER'S OBLIGATIONS
5.5.1.
Users may only use the Website, the Application and/or the Nyx Apps
for the purpose of
creating and updating their User profile, for applying for and managing their memberships of nightclubs that are
Subscribers to the Application, as a search engine to identify and compare nightclubs, Events, Event Information
and/or for the purchase of Paid Services published via the Website and/or the Nyx Apps, and shall not use the
Website and/or the Nyx Apps for any other purposes.
5.5.2.
User understands and agrees that any software, material or
Information printed,
downloaded or otherwise obtained through the use of the Website and/or the Nyx Apps is done at User's own
discretion and risk and that User shall be solely responsible for any damage to User's computer, device, system
or network, including any loss or corruption of data.
5.5.3.
By using or entering any information on the Website, the Application
and/or the Nyx
Apps, User represents and warrants that: (i) User has the legal capacity to agree to these Terms of Use and the
Disclaimer and to use this Website, the Application and/or the Nyx Apps; (ii) User is using its actual identity;
(iii) User has provided only true, accurate, current and complete information; and (iv) that User will maintain
and promptly update the information that User provides to keep it true, accurate, current and complete. If User
provides any information that is untrue, inaccurate, not current or incomplete, or Nyx has reasonable grounds to
suspect that such information is untrue, inaccurate, not current or incomplete, Nyx may block User's current and
future use of the Website, the Application and/or the Nyx Apps. User agrees that its data, content, and any
information provided or used in the Website, the Application and/or the Nyx Apps, as well as User's use of the
Website, the Application and/or the Nyx Apps, Events and Services will not: (a) modify, alter, or deface any of
the trademarks, service marks, trade dress or other intellectual property made available by Nyx in connection
with the Website, the Application and/or the Nyx Apps or otherwise infringe or facilitate infringement of any
copyright, patent, trademarks, service marks, trade dress, trade secret, or other proprietary, publicity, or
privacy rights (collectively "Rights") of any party, including the Rights of third parties; (b) hold User out as
in any way sponsored by, affiliated with, or endorsed by Nyx or any Affiliates, Subscribers or Event Organizers;
(c) use any of the trademarks, service marks, trade dress or other content accessible through the Website, the
Application and/or the Nyx Apps for any purpose other than the purpose for which we have made it available to
Users; (d) defame or disparage Nyx, its Affiliates, our trademarks, service marks or trade dress, or any other
aspect of the Website, the Application and/or the Nyx Apps; (e) post or transmit any content that is unlawful,
threatening, indecent, inflammatory, pornographic or profane material or any material that could constitute or
encourage conduct that would be considered a criminal offense, give rise to civil liability, or otherwise
violate any law; (f) adapt, translate, modify, decompile, disassemble, or reverse engineer the Website, the
Application and/or the Nyx Apps or any software or programs used in connection with it or any of the Events and
Services; (g) contain or promote any viruses, Trojan horses, worms, time bombs or other computer programming or
code that is designed or intended to damage, destroy, intercept, download, interfere, manipulate, or otherwise
interrupt or expropriate the Website, the Application and/or the Nyx Apps, data, personal information, software,
equipment, servers or content or facilitate or promote hack-ing or similar conduct; (h) access or attempt to
access the restricted areas of the Website, the Application and/or the Nyx Apps or any other User's
password-protected information; (i) impersonate any person or entity or otherwise falsely state or misrepresent
User's affiliation with a person or entity; and (j) restrict or inhibit any other User from using or enjoying
the Website, the Application and/or the Nyx Apps (or any linked website).
5.5.4.
The use of content on any other website or networked computers is
prohibited. Links
to the Website without Nyx' express written permission are strictly prohibited.
5.5.5.
Framing, mirroring, crawling, scraping or data mining of the Website,
the Application
and/or the Nyx Apps is not permitted. Likewise any other conduct by Users that in Nyx' sole discretion
restricts or inhibits any other User from using or enjoying the Website, the Application and/or the Nyx Apps (or
any linked website) is not permitted.
5.5.6.
When User uses the Website, the Application and/or the Nyx Apps, or
sends emails to
Nyx, a Subscriber and/or an Organizer, User is communicating with Nyx, the Subscriber and/or the Organizer
electronically, as applicable, and consents to receive communications from Nyx, the Subscriber and/or the
Organizer, as applicable, electronically. Nyx, Subscribers and/or Organizers may communicate with User by email,
by posting notices on the Website, the Application and/or the Nyx Apps, as applicable, by delivering
notifications through mobile applications or through other electronic means. User agrees that all agreements,
notices, disclosures and other communications that Nyx provides to User electronically satisfy any legal
requirement that such communications be in writing.
5.6. FEES & PAYMENT TERMS
5.6.1.
The Website and/or the Nyx Apps, and the Services generated from use
of the same, are
made available to Users without any charge, whereas Paid Services offered by the Subscribers and/or Organizers,
such as reservations, purchase of tickets and/or admission to Events for which a fee or charge is due, shall be
payable on the terms provided by the Subscribers and/or Organizers.
5.6.2.
If there is a charge associated with a portion of the Services,
including for Paid
Services, User agrees to pay that charge. The price stated for the Services, tickets, admissions or reservations
excludes all applicable taxes and currency exchange settlements, unless stated otherwise. User is solely
responsible for paying such taxes or other charges.
5.6.3.
To pay the fees and charges for Services and Paid Services, User
will be charged to the credit card or other payment solution provided when User creates his/her User account via
the Website, the Application and/or the Nyx Apps, or be asked to provide a payment method at the time User
purchases the Paid Services. User can access and change User's billing information and payment method via the
Website found at members.nyxapp.net. Additionally, User agrees to
permit Nyx and/or the Subscribers and/or the Organizers to use any updated account information regarding User's
selected payment method provided by User's issuing bank or the applicable payment network. User agrees to
promptly update his/her account and other information, including User's email address and payment method
details, so that Nyx, the Subscriber and/or the Organizer can complete User's transactions and contact User as
needed in connection with User's transactions.
5.6.4.
When User purchases Paid Services on a recurring basis (e.g.,
monthly, every 3 months
or annually (as applicable)), User acknowledges and agrees that User is authorizing recurring payments, and
payments shall be made to Nyx and/or the Subscriber and/or the Organizer, as applicable, by the method User has
chosen for recurring payments, until the purchase for that recurring Paid Service is terminated by User and/or
by Nyx, Subscriber or by Organizer, as applicable. By authorizing recurring payments, User authorizes Nyx,
and/or Subscriber, and/or Organizer, as applicable, to process such payments as either electronic debits or fund
transfers, or as electronic drafts from the User designated account. Subscription fees, incl. fees for recurring
Paid Services, are generally billed or charged in advance of the applicable subscription period. If any payment
is returned unpaid or if any credit card or similar transaction is rejected or denied, Nyx, and/or Subscriber,
and/or Organizer and any of their authorized service providers reserve the right to collect the missing
payment.
5.6.5.
Provided that automatic renewals are allowed in User's country/state,
User may choose
for Paid Services and/or Subscriptions to automatically renew at the end of a fixed Paid Service or Subscription
period. The Paid Services or Subscription provider will remind User by email before any Paid Services or
Subscriptions renew for a new term, and notify User of any price changes. Once the Paid Services or Subscription
provider has reminded user that he/she elected to automatically renew the Paid Services and/or Subscriptions,
Nyx may automatically renew User's Paid Services and/or Subscriptions at the end of the current Paid Services
and/or Subscription period and charge User the then current price for the renewal term, unless User has chosen
to cancel the Paid Services and/or Subscriptions as described below. User will also be reminded that Nyx,
Subscriber and/or Organizer, as applicable, will bill User's chosen payment method for the Paid Services and/or
Subscription renewal, whether it was on file on the renewal date or provided later. Nyx, Subscriber and/or
Organizer, as applicable, will also provide User with instructions on how User may cancel the Paid Services
and/or Subscriptions. User must cancel the Paid Services and/or Subscriptions before the renewal date to avoid
being billed for the renewal period, specifically no later than one (1) hour before renewal.
5.6.6.
Unless otherwise provided by law or by a particular Service offer
from a Subscriber
and/or Organizer or as permitted under the Terms and Conditions of Nyx Tickets, all purchases are final and
non-refundable. If user believes that Nyx and/or the Subscriber and/or the Organizer, as applicable, has charged
User in error, User must contact the relevant party in accordance with the terms of the Terms and Conditions of
Nyx Tickets & Paid Memberships. This refund policy does not affect any statutory rights that may apply.
5.6.7.
Nyx, the Subscribers and/or the Organizers, as applicable, may change
the price of the
Paid Services and/or Subscriptions at any time and if user has a recurring purchase, Nyx, the Subscribers and/or
the Organizers, as applicable, will notify User by email at least 15 days before the price change. If User does
not agree to the price change, User must cancel and stop using the Paid Services and/or Subscriptions before the
price change takes effect. If there is a fixed term and price for certain Paid Services and/or Subscription
offers, that price will remain in force for the fixed term.
5.7. PURCHASE OF PRODUCTS OR SERVICES
5.7.1.
The Website, the Application and/or the Nyx Apps provides User with
information of
available Events and nightclubs that are Subscribers, and Organizers.
5.7.2.
Purchase or reservation by a User of Paid Services offered by
Subscribers and/or
Organizers identified via the Website, the Application and/or the Nyx Apps is a transaction between the User and
the Subscriber and/or Organizer only, and is – in relation to the Subscriber or Organizer – subject to the
Subscriber's or Organizer's terms, or where such terms have not been issued, then subject to the Terms and
Conditions for Nyx Tickets & Paid Memberships and - in relation to Nyx - subject to the Disclaimer. Nyx
makes no warranty that: (i) any Membership, Event, Service or Paid Service will be granted or will meet User's
requirements or expectations; (ii) any Event or Service or Paid Service will be uninterrupted, timely, secure,
or error-free; (iii) the quality of any Event or Service or Paid Service purchased or obtained by User through
the Website, the Application and/or the Nyx Apps will meet User's requirements or expectations; or (iv) any
errors on the Website, the Application and/or the Nyx Apps or in any Event or Service or Paid Service will be
corrected.
5.7.3.
If a User, who has a valid Membership to a nightclub, or who has
purchased a valid
ticket or admission to an Event, is denied access to the nightclub or the Event, the User may be entitled to a
full or partial refund of his payment as set out in the Terms and Conditions for Nyx Tickets & Paid
Memberships. Claims for refunds can only be made against the relevant nightclub and/or Subscriber or Organizer,
and not against Nyx, and will be subject to the terms of Membership or terms of purchase that have been issued
by the relevant nightclub and/or Subscriber or Organizer or, where no such terms of purchase have been issued,
as set out in the Terms and Conditions for Nyx Tickets.
5.7.4.
If a User raises a claim for whole or partial refund or other
compensation related to
a purchase made via the Website, the Application and/or the Nyx Apps of Paid Services, such refund shall be
subject to the terms of purchase that have been issued by the relevant nightclub and/or Subscriber or Organizer,
and no claim can be made by a User against Nyx.
5.8. OWNERSHIP TO DATA
5.8.1.
Ownership to Information made available through the Website, the
Application and/or the
Nyx Apps remains with the owner of such Information, regardless of whether the Information has been compiled by
the Subscriber and/or the Organizer or by Nyx through automatic data-collection from publicly available sources,
or whether the Information has been provided by a Subscriber or an Event Organizer to Nyx and verified,
categorized and structured by Nyx.
5.9. SUPPORT
5.9.1.
Nyx does not provide any support to Users with respect to their use
of the Website,
the Application and/or the Nyx Apps, except for support to Subscribers who have signed up to Nyx' Support
services.
5.10. MONITORING
5.10.1.
Nyx may elect to electronically monitor the whole or select areas of
the Website, the
Application and/or the Nyx Apps, including any traffic on the Website, the Application and/or the Nyx Apps, and
may disclose any content, records, or electronic communication of any kind (i) to satisfy any law, regulation,
or lawful government request; (ii) if such disclosure is necessary or appropriate to operate the Website, the
Application and/or the Nyx Apps; or (iii) to protect Nyx' rights or property or the rights of the Users,
sponsors, providers, licensees, or merchants.
5.10.2.
Nyx has the right to perform marketing activities towards any User
who has accepted
these Terms of Use, incl. direct mail campaigns, information of nightclub memberships, Events, Services,
features or functionality on the Website, the Application and/or the Nyx Apps, etc. User has the right at any
time to withdraw its consent to such marketing activities.
5.11. CHANGES TO THE WEBSITE, APPLICATION AND/OR Nyx APPS
5.11.1.
Nyx has the unrestricted right, but no obligation, to make Updates
to the Website,
the Application and/or the Nyx Apps with the aim to improve or simplify its features, functionality, etc.
5.11.2.
Nyx may from time to time, issue updated versions of the Website,
the Application
and/or the Nyx Apps and their content, and the Website, the Application and/or the Nyx Apps may automatically
connect to Nyx', User's or third party servers via the internet to check for available Updates, and may either
(a) automatically electronically perform Updates or (b) give Users the option of manually accept Updates. By
using the Website, the Application and/or the Nyx Apps and not disabling any automated check for Updates, if
applicable, Users hereby agree and consent to automatically request and receive Updates from Nyx or third-party
servers, and that these Terms of Use shall apply to all such Updates.
5.11.3.
Updates to the Website, the Application and/or the Nyx Apps may
affect the Services,
Information and functionality of the Website, the Application and/or the Nyx Apps, but Nyx shall not be liable
for any damage or loss to Services, Information, etc. caused by such Updates.
5.12. INTELLECTUAL PROPERTY RIGHTS
5.12.1.
The Website, the Application and/or the Nyx Apps is the copyrighted
property of Nyx
and/or its various third-party providers and distributors. Information found on the Website, the Application
and/or the Nyx Apps must not be copied, reproduced, republished, distributed, posted, sold, transferred, or
modified without the express written permission of Nyx and/or the relevant owner of such Information.
5.12.2.
The trademarks, logos and service marks displayed on the Website,
the Application
and/or the Nyx Apps are registered and/or common law Trademarks of Nyx, its Affiliates, and various third
parties, including Event Organizers and Subscribers. No information on the Website, the Application and/or the
Nyx Apps shall be construed as granting, by implication or otherwise, any license or right to use any of the
trademarks, logos and service marks without the written permission of Nyx or such other party that owns the
trademarks, logos and service marks.
5.12.3.
User retains ownership of all intellectual property rights
subsisting in the content
a User submits to Nyx. However, by submitting content to the Website, the Application and/or the Nyx Apps,
including information that is subject to data privacy laws, User grants to Nyx a right to
restructure, categorize, and further develop such information so that it meets the requirements of the Website,
the Application and/or the Nyx Apps and of the Subscribers and/or Event Organizers. Further, User grants to Nyx
a royalty-free worldwide non-exclusive license for the duration of any registered or unregistered right to
disclose and use User's content, or any part thereof, in any way that Nyx decides on the Website, the
Application and/or the Nyx Apps, any other website or through any other medium. By submitting any Information to
Nyx, User represents and warrants that the Information submitted to Nyx is owned by User, that no one else has
any rights in the Information and that Nyx is free to use the Information if it so desires, as provided or as
modified by Nyx, without obtaining permission or license from any third party.
5.12.4.
User's use of the Website, the Application and/or the Nyx Apps may
allow download and
use of third-party software or links to third-party content accessed through the Website, the Application and/or
the Nyx Apps (such software and content collectively, "Third Party Content"). User acknowledges that
all Third-Party Content is the property of the applicable Third-Party Content owners and may be protected by
applicable
copyright and other intellectual property rights. Neither this Agreement nor User's use of the Website, the
Application and/or the Nyx Apps to access Third-Party Content gives User any rights to such Third-Party Content.
5.13. TRANSFER, NOVATION & ASSIGNMENT
5.13.1.
Nyx is entitled at any time to transfer, novate and/or assign its
rights to the
Website, the Application and/or the Nyx Apps.
5.13.2.
User is not entitled, wholly or partly, to transfer, novate and/or
assign any of its
obligations or rights to use the Website, the Application and/or the Nyx Apps or claims against Nyx.
5.14. EXPORT CONTROL & TRADE RESTRICTIONS
5.14.1.
Nyx makes no representation that the Website, the Application and/or
the Nyx Apps is
appropriate for use in User's country of use. User acknowledges that no part of the Website, the Application
and/or the Nyx Apps or underlying information or technology, nor the content of the
Website, the Application and/or the Nyx Apps,
may be downloaded or otherwise exported or re- exported into (or to a national or resident of) any countries
subject to trade restrictions and/or embargoes under the applicable law. By using the Website, the Application
and/or the Nyx Apps User agrees to the foregoing and represents and warrants that User is not located in or
under the control of a national or resident of any such country or on any list of designated persons that are
subject to trade restrictions. User further acknowledges and understands that certain functionality of the
Website, the Application and/or the Nyx Apps, such as encryption or authentication, may be subject to import
restrictions in the event User transports the Website, the Application and/or the Nyx Apps from the country of
delivery and User is responsible for complying with all applicable restrictions.
5.14.2.
Purchase by a User of nightclub memberships, tickets for or
admission to certain
Events or any Services may be subject to export or trade restrictions or embargoes. Likewise, transactions with
certain individuals or corporations may be subject to restrictions under applicable laws.
It is the sole responsibility of User to ensure that its transactions via the Website, the Application and/or
the Nyx Apps comply with applicable export or trade restrictions or embargoes and/or that transaction with
certain restricted individuals complies with applicable laws.
5.14.3.
User undertakes to indemnify and hold harmless Nyx from any claim or
legal action
against Nyx, incl. legal cost, because of User's use of the Website, the Application and/or the Nyx Apps or
transactions via the Website, the Application and/or the Nyx Apps in violation of applicable export or trade
restrictions and transaction with restricted persons.
5.15. DISPUTES & CHOICE OF LAW
5.15.1.
These Terms of Use, including the Disclaimer and the contents of the
Website, the
Application and/or the Nyx Apps shall be governed exclusively by Danish law without regard to any conflict of
law rules.
5.15.2.
Any dispute arising out of or in relation to these Terms of Use, the
Services and/or
the Website, the Application and/or the Nyx Apps shall, if it cannot be solved amicably, be subject to the sole
and exclusive jurisdiction of the District Court of Copenhagen, Denmark, subject to normal appeal under
applicable Danish law.
Nyx Systems - Terms Of Use
Rev. 2.1, October 2021
6. TERMS & CONDITIONS FOR TICKETS & PAID MEMBERSHIPS
- back to top
6.1. ACCEPTANCE OF USE
6.1.1.
Nyx' goal is to make purchasing of memberships of nightclubs,
tickets, admission to
Events, reservations, bookings and other services (hereinafter jointly referred to as the "Services")
offered by Subscribers and/or Organizers via the Website, the Application and/or the Nyx Apps, easy and
efficient.
6.1.2.
Nyx is only offering and providing memberships, tickets, admissions,
etc. on behalf of
its Subscribers and/or Event Organizer. Nyx is not an Organizer or promoter of the Services or Events offered,
as these Services and Events are conducted solely by the respective Subscribers and/or Event Organizer. This
means that the Subscribers and/or Event Organizer is User's contracting party, which is why the organizer - and
not Nyx - is responsible for the performance of the Services. All matters relating to the performance of the
Services must therefore be resolved directly with the Subscribers and/or Event Organizer.
6.1.3.
Users' purchase of the Services shall in relation to Nyx be subject
to Nyx' Terms of
Use and Disclaimer, which are available at legal.nyxapp.net.
6.1.4.
Further, Users' Purchase via the Website or the Nyx Apps of any
Services shall in
relation to the relevant nightclub and/or the Event Organizer, be subject to the relevant nightclub's and/or
Organizer's terms of purchase. If the relevant nightclub's and/or Organizers' have not issued their own specific
terms of purchase, Users' purchases of Services shall be subject to these Terms and Conditions of Nyx Tickets
(hereinafter referred to as the Terms and Conditions), as amended from time to time.
6.1.5.
Only the English version of the Terms and Conditions is legally
binding. Translations
– if any - have been provided purely for User's convenience. In the event of any discrepancy between a
translation and the English version, the English version shall prevail.
6.1.6.
Any and all purchases or reservations of Services made through the
use of the Website,
the cloud-based nightclub management application (the Application) and/or the Nyx Apps is, in addition to being
subject to the Terms of Use, subject to the latest version from time to time of these Terms and Conditions and
the Disclaimer, and any User, whether as a Website- or App-visitor, a purchaser or as a Subscriber or Organizer,
is deemed, through the purchase of any Services via the Website, the Application and/or the Nyx Apps, to have
accepted to be bound hereof and by the Disclaimer.
6.1.7.
By acceptance or deemed acceptance of the Terms and Conditions and
the Disclaimer,
Users further accept to be bound by Nyx' other policies that are relevant for the use of the Website, the
Application and/or the Nyx Apps, including its Privacy policy and Cookie policy, which are available on the
Website.
6.1.8.
Nyx may modify these Terms and Conditions, the Disclaimer, the Terms
of Use, as well
as the contents and functionality of the Website, the Application and/or the Nyx Apps from time to time without
notice to User. User can review the most current version of the Terms and Conditions and the Disclaimer on the
Website. It is the User's responsibility to acquaint itself with the applicable Terms and Conditions and the
Disclaimer from time to time, and continued use of the Website, the Application and/or the Nyx Apps, including
for any purchase or reservation, following the posting of changes, alterations and/or modifications will
constitute the relevant User's acceptance of the revised Terms of Use, the Terms and Conditions, and the
Disclaimer.
6.1.9.
Please read these Terms and Conditions and the Disclaimer carefully
before purchasing
any Services made available via the Website, the Application and/or the Nyx Apps. If User does not agree to the
Terms and Conditions and the Disclaimer, User is not permitted to use the Website, the Application and/or the
Nyx Apps for the purpose of purchasing any of the Services offered.
6.1.10.
Consumers who wish to file complaints related to the purchase of
goods and services
via the Website may do so in Denmark at "Center for Klageløsning" in the Danish Competition and
Consumer Agency, Carl Jacobsens Vej 35, 2500 Valby, Denmark, via the use of the website www.forbrug.dk.
Consumers may also use the EU Commission's online claims-portal at http://ec.europa.eu/odr. When filing a claim,
the claimant shall inform of Nyx' email address; customer@nyxapp.net.
6.2. DEFINITIONS
6.2.1.
The Definitions used in the Terms of Use shall, unless otherwise
defined herein, apply to these Terms and Conditions. Additionally, the following terms shall have the following
meaning:
"Services" means such services as are offered by Subscribers and/or Organizers via the
Website, the
Application and/or the Nyx Apps to Users, whether paid or unpaid, including but not limited to memberships of
and admissions to nightclubs, purchase of tickets and admissions for Events, reservations (e.g. table
reservations), pre-purchase of food and drinks at nightclubs and/or Events, etc.
"Terms and Conditions of Nyx Tickets & Paid Services" or "Terms and Conditions"
means
these terms and
conditions.
"Device" shall mean a smart-phone running Android (version 7.0 or later) or iOS
(version 13.0 or later) with access to The Internet.
"Paid Services" shall mean any service made
available via either recurring or one-time payments made by the User to the Subscriber/Organizer. In practice
this would
typically be memberships offered on a subscription basis, also referred to as Paid Memberships, or one-time
Event
tickets, referred to simply as tickets.
6.3. WHO ARE USERS BUYING FROM?
6.3.1.
The Website is a specialized website designed by Nyx to allow
Subscribers and/or
Organizers to effectively manage and market their Events, and which allows Users to apply for and manage
memberships of nightclubs that are Subscribers to the Application and purchase Services made available via the
Website, the Application and/or the Nyx Apps.
6.3.2.
Event and Organizer Information and other Information available on
the Website, the
Application and/or the Nyx Apps has either been made accessible by Subscribers, Organizers, or merchants, or
been gathered by Nyx from public-domain sources.
6.3.3.
Subscribers and/or Organizers listed on the Website are independent
third parties and
Nyx is not acting as a principal, agent, broker or merchant with respect to any advertisers, Subscribers or
Organizers referred to on the Website, the Application and/or the Nyx Apps. Purchase or reservation by a User of
any Services is a transaction between the User and the Subscriber and/or Organizer only, and Nyx is not directly
or indirectly liable for any such transactions.
6.4. PAID MEMBERSHIPS & PERKS
6.4.1.
Subscribers and/or Organizers may offer Memberships on a recurring
payment basis.
User understands and agrees that they will be charged recurringly if they sign up for such a Membership. User
understands that this service is provided and sold by the Subscriber/Organizer alone and not by Nyx.
6.4.2.
Paid Memberships may come with associated Perks. These Perks will be
defined by the
Subscriber/Organizer. Nyx has no say in or responsibility for any services or products warranted by Perks. Perks
defined by a Subscriber/Organizer may change at any time without warning. In such a case it is the
responsibility of the Subscriber/Organizer to inform Users of this change.
6.4.3.
Memberships, Paid Memberships, Tickets and Perks can only be
exchanged for Services using a Device. Without a
Device, User may not be able to take advantage of Memberships or Perks. Not being in the possession of a
Device does not warrant a refund, whether or not this is/was the case before or after the purchase of a Paid
Membership. It is User's responsibility to have in their possession a Device at all times User wants to exchange
their Membership or Perks for Services. To use a Perk, User must "swipe" the Perk in question (via the
Nyx app on their Device) in the vicinity of relevant venue personnel. The Device OS (operating system) version
requirement for the Nyx app may change without notice. The app may be downloaded by opening
get.nyxapp.net in the browser of a Device.
6.4.4.
Perks may be defined with a Reset Interval. This may be Daily,
Weekly, Monthly or
Annually. These Reset Intervals cut off at 10 am local time (of the Subscriber) each day, each Monday, the 1st
of each month and January 1, respectively. The Reset Interval does not follow the billing period for a Paid
Membership. Perks not used within a Reset Interval will effectively be lost: Perks uses ("swipes")
cannot be collected over time.
6.4.5.
Nyx does not refund charges for Paid Services for any
reason. This
is handled exclusively by the Subscriber/Organizer selling Paid Services. If User has used ("swiped")
Perks, used their Ticket(s) or consumed any component of Paid Memberships, User may not be entitled to a refund.
6.4.6.
User may cancel their Paid Membership at any time by going to the
Members' site at
members.nyxapp.net and logging in with their
credentials (Facebook or e-mail/password). Once canceled, a Paid Membership will remain active until the end of
its current billing period, after which no more charges will be made to User's credit card. The Paid
Membership and any associated Perks will become unavailable shortly after this time. User must cancel their Paid
Membership no later than one (1) hour before their current billing period ends, after which User must pay for
another equivalent billing period.
6.4.7.
User can add or remove a payment method for Paid Memberships at any
time (except in
the 1-hour window mentioned in 6.4.6) via the Website (members.nyxapp.net). All Paid Memberships provided by any
Subscriber/Organizer to a given
User will be charged to the same (and only) payment method associated with that User's Nyx account.
6.4.8.
A Device that is unable to power up or start the Nyx Apps due to
technical or programming errors, loss of battery power or any other fault is not sufficient for a refund. In
such an event, User understands that this is equivalent to having no Device at all.
6.5. PRICING & AVAILABILITY
6.5.1.
Prices, availability, allocation etc. of any and all Services,
including e.g. tickets,
seating locations, etc. are determined by the Subscribers and/or Organizers and not by Nyx.
6.5.2.
Nyx may charge fulfillment, shipping, service or other fees for using
its Services. Nyx may change any such fees at any time, including after a purchase has been made.
6.6. ORDER CONFIRMATION
6.6.1.
If a User does not receive a confirmation number (in the form of a
confirmation page
or email) after submitting payment information for any Services, or if User experiences an error message or
service interruption after submitting payment information, it is User's responsibility to confirm via User's Nyx
account or Nyx customer service whether or not User's order has been placed. Nyx, the Subscriber and/or the
Organizer will not be responsible for losses (monetary or otherwise) if a User assumes that an order was not
placed because User did not receive an order confirmation.
6.7. SERVICE FEES & ORDER PROCESSING FEES
6.7.1.
Services purchased via the Website, the Application and/or the Nyx
Apps are typically subject to a per-Service service fee and a non-refundable per-order processing fee.
6.7.2.
Refund of any such fees may be restricted, and shall always be
subject to the Subscriber's and/or Organizer's refund policy. No claim for refunds can be raised against Nyx,
and Nyx is not obliged to refund its service charges, fees or commissions for any Paid Services.
6.8. CURRENCY
6.8.1.
Prices and payments shall be made in the currency that is shown on
the Website or the Nyx Apps when Users purchase any of the Services or Paid Services.
6.8.2.
Payments will be charged to the payment solution provided by User at
the currency exchange rate that is applied by the relevant payment provider at the time of payment.
6.9. PAYMENT METHODS
6.9.1.
Nyx accepts all major and minor credit cards supported by Stripe, as well as Apple Pay
and/or Google Pay where applicable.
6.10. NUMBER OF TICKETS & "TICKET LIMITS"
6.10.1.
When purchasing Tickets, Users may be limited to a
specified number of tickets, admissions, etc. for each Event (also known as a "ticket limit"). This ticket limit
is posted during the
purchasing process and is verified with every transaction. This policy is in effect to discourage unfair ticket
buying practices. Nyx reserves the right to cancel any or all orders and tickets without notice to User if User
exceed the posted limits. This includes orders associated with the same name, e-mail address, billing address,
credit card number or other information.
6.11. TRANSFER OF TICKETS & MEMBERSHIPS
6.11.1.
Users may not transfer purchased Tickets and/or admissions or
Memberships or Paid Memberships to others.
Tickets, Memberships and Paid Memberships are strictly personal. Buying a ticket from another patron may result
in rejection by the Event Organizer. Buying a Membership from another User - or using ("borrowing") a
Membership or Paid Membership given to or bought by another User - may result in cancellation of the Membership
or Paid Membership with no refund given. A refund for a Ticket or Paid Membership can only be given to the User
who originally bought it.
6.12. OPENING ACTS / FESTIVAL ACTS
6.12.1.
Opening acts or guest performers may sometimes tour with headline
performers. Nyx is
not always made aware of opening acts or the length of their performances. Opening acts, as well as festival
performers, are subject to change or cancellation at any time without notice. No refund will be owed if an
opening act or festival performer is changed or canceled.
6.13. CANCELED & RESCHEDULED EVENTS
6.13.1.
Occasionally, Events are canceled or postponed. Should this occur,
the Subscriber
and/or Organizer will attempt to contact Users who have purchased Services for such Events, to inform the User
of refund or exchange procedures for that Event. For exact instructions on any canceled or postponed Events,
please check the Event information online or contact the Subscriber and/or Organizer.
6.13.2.
If an Event is canceled, and User purchased their Ticket(s) through the
Website, the Application and/or the Nyx Apps, User shall contact the relevant Subscriber and/or Organizer for a refund, as
Nyx is not responsible for the Event, nor for any refund.
6.13.3.
If the Event is moved or rescheduled, the Subscriber and/or
Organizer may set refund
limitations. If User cannot attend a rescheduled Event, they shall contact the Subscriber and/or Organizer for
more information or to request a refund.
6.13.4.
If a User, who has a valid Membership to a nightclub, or who has
purchased a valid
Ticket or admission to an Event, is denied access to the nightclub or the Event, the User may be entitled to a
full or partial refund of his payment. Claims for refunds can only be made against the relevant nightclub and/or
Subscriber or Organizer, and not against Nyx, and will be subject to the terms of membership or terms of
purchase that have been issued by the relevant nightclub and/or Subscriber or Organizer.
6.14. BILLING INFORMATION VERIFICATION
6.14.1.
All purchases are subject to credit card approval and processed only
after a billing
address, and other billing information, has been verified. Occasionally, we receive incorrect billing or credit
card account information for a Services order that can delay processing and delivery. In these cases, Nyx
customer service will attempt to contact User, using the information provided at the time of purchase. If we are
unable to reach User after our initial attempt, we may cancel User's purchase order/reservation and may sell the
Services to another customer without further notice.
6.14.2.
If User signs in with their Facebook account, they accept that Nyx
may automatically
create an account for them in the Application, and that their Nyx account will be used to buy any Services. If
User
already has a Nyx account tied to their Facebook account, this account will be used to buy any Services.
6.15. TICKET DELIVERY OPTIONS
6.15.1.
Different combinations of delivery methods may be offered, depending
on factors that
include the venue or country where the Services are to be provided, the country in which User lives, how much
time
is left before the Services or an Event starts, whether it is a holiday season and the nature of the demand for
the Services and/or Event. Please carefully review the list of delivery methods offered during the purchase
process.
6.15.2.
If no other delivery method is offered by the Subscriber or
Organizer, User's Tickets
will be delivered as a website link or via Nyx' Apps. User may print out tickets if they wish, but if tickets
cannot be scanned/verified by the Organizer/Subscriber due to damaged or incomplete prints, User's tickets will
not be valid. We recommend that User brings a Device with them to display their tickets or Paid Memberships. It
is not the responsibility of Nyx or the Subscriber and/or Organizer to provide Internet access to User's device
at a venue.
6.16. PRICING & OTHER ERRORS
6.16.1.
If the amount User pays for a Service is incorrect, regardless of
whether it is because
of an error in a price posted on the Website, in the Application or in Nyx' Apps or otherwise communicated to
User, or if User is able to order a Service before its scheduled on-sale or presale date, or if User is able to
order
a Service that was not supposed to have been released for sale, then Nyx or the Organizer/Subscriber will have
the
right to cancel that Service (or the order for that Service) and refund to User the amount that they paid. This
will apply regardless of whether the error happened because of human error or a transactional malfunction of the
Website, in the
Application or in Nyx' Apps or other Nyx, Subscriber or Organizer operated system.
6.17. ORGANIZER RULES; EJECTION AND CANCELLATION; REDEMPTION VALUE
6.17.1.
User agrees to comply with all the Subscribers' and/or Organizers'
applicable rules,
policies, terms and conditions ("Organizers' Rules"). Subscribers and/or Organizers reserve the right, without
refund of any amount paid, to refuse admission to, or eject, any person whose conduct is deemed disorderly, who
uses vulgar or abusive language or who fails to comply with Organizers' Rules. Breach of terms or rules will
terminate User's license to attend the Event without refund. A Membership (paid or unpaid), Ticket or admission
or any other
Services is a revocable license and admission may be refused upon refunding the face amount of the relevant
Service. A Service is not redeemable for cash.
6.17.2.
User may be required to present valid government-issued ID along
with their membership cards, Ticket(s), etc. Failure to do so may lead to rejection by the Subscriber/Organizer.
Rejection for this reason does not warrant a refund of Paid Services.
6.17.3.
For Paid Services made available via memberships on a recurring
billing model (Paid Memberships)
User accepts that the Subscriber/Organizer may not always be able to provide these Services due to venue
capacity limitations. This applies in situations where the Subscriber/Organizer cannot legally, or with regards
to the safety of their customers, let additional people enter the premises or venue at which a Service or Paid
Service is to be consumed by User. User understands that these are extraordinary circumstances and that this
alone
does not warrant a refund of subscription-based purchases (Paid Memberships). If User is unsatisfied with the
Subscriber's/Organizer's ability to provide Services as promised, User must contact the Subscriber/Organizer
directly to request a partial or full refund. Subscriber/Organizer is not obliged to grant such requests for
refunds and Nyx cannot override their decision.
6.18. RECORDING, TRANSMISSION & EXHIBITION
6.18.1.
User agrees that the Event for which User purchase Services is a
public event, that User's
appearance and actions inside and outside the venue where the Event occurs are public in nature, and that User
has no expectation of privacy with regard to their actions or conduct at the Event. User grants permission to
Nyx
and the Subscribers and/or Organizers to utilize their name, image, likeness, acts, poses, plays, appearance,
movements, and statements in any live or recorded audio, video, or photographic display or other transmission,
exhibition, publication or reproduction made of, or at, the Event (regardless of whether before, during or after
play or performance) for any purpose, in any manner, in any medium or context now known or hereafter developed,
without further authorization from, or compensation to, User or anyone acting on User's behalf.
6.19. YOU ARE SUBJECT TO SEARCH
6.19.1.
User and User's belongings may be searched on entry to the venue for
which their Membership, Paid Membership, Ticket or admission apply. User consents to such searches and waive any
related claims that may arise. If User elects not to consent to such searches, User may be denied entry to the
Event without refund or other compensation. Under certain venue rules, certain items may not be brought into the
premises, including without limitation, alcohol, drugs, controlled substances, cameras, recording devices, laser
pointers, strobe lights, irritants (e.g., artificial noisemakers), bundles and containers.
6.20. DISPUTES & CHOICE OF LAW
6.20.1.
These Terms and Conditions, including the Disclaimer and the
contents of the Website,
the Application and/or the Nyx Apps, as well as the Nyx' Terms of Use, shall be governed exclusively by Danish
law without regard to any conflict of law rules.
6.20.2.
Any dispute arising out of or in relation to these Terms and
Conditions, the
Services and/or the Website, the Application and/or the Nyx Apps and/or the Nyx' Terms of Use shall, if it
cannot be solved amicably, be subject to the sole and exclusive jurisdiction of the District Court of
Copenhagen, Denmark, subject to normal appeal under applicable Danish law.
Nyx Systems - Terms & Conditions For Tickets & Paid Memberships
Rev. 2, August
2021
8. IDENTITY VERIFICATION
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8.1. ACCEPTANCE OF USE
8.1.1.
Nyx provides an identity verification service that allows User to
create a digital version of their Physical ID (hereafter referred to as "Nyx Verified ID"). The purpose of this
ID is to perform age and identity verification for Subscribers and allow entry to venues or areas that may be
subject to age or membership restrictions, such as nightclubs, bars, event areas, concerts etc.
8.1.2.
Nyx is offering the identity verification service directly to the User
at a cost. The cost of the service is listed at the time of purchase and is a one-time fee per verification
attempt. The contracting party of the service is Nyx.
8.1.3.
Nyx will provide a list of Identity Verification Rules (hereafter
referred to as "the rules") for the purchase of a Nyx Verified ID at the time of purchase which the user
must adhere to at all times. Failure to comply with the rules may cause Users submission to be rejected without
a refund. The rules may include parameters like requirement for proper lighting, accepted document
types and approved headwear or accessories, such as sunglasses, make-up, body paint or other elements that may
cause validation of Identity Data to be imprecise or impossible.
8.1.4.
Users' purchase of Nyx Verified ID shall in relation to Nyx be subject
to Nyx' Terms of
Use and Disclaimer, which are available at legal.nyxapp.net.
8.1.5.
Nyx reserves the right to revoke or reject any submissions of Identity
Data that is invalid, partial, of low quality or in other ways insufficient to provide a legal basis for Nyx
to issue a Nyx Verified ID to Users. In cases of rejections or revocations, Nyx may offer the User to retry
their submission at no cost, but is not obligated to.
8.2. DEFINITIONS
8.2.1.
All definitions of Nyx' Terms of Use shall apply, and in addition;
"Physical ID" means a physical identification document, such as a passport, driver's license, social
security card or any other government or non-government issued form of photo identification.
"Nyx Verified ID" means the final product provided by Nyx,
i.e. a digital ID which can substitute a Physical ID.
"Identity Verification Rules" means any rules set forth by Nyx which outline the requirements for
Identity Data.
"Stripe" means Stripe Payments Europe, Limited (“SPEL”) or Stripe Technology Europe,
Limited (“Stripe PSP”).
"Selfie" means a photo taken by Users of their own face for verification of biometric features.
"Identity Data" covers any photo or video of Physical ID, any Selfie or information (such as, but
not limited to, name, date of birth, place of birth, gender/sex indicators, social security number, passport
number, driver's license number and issuing country and/or authority) as well as any biometric or
cryptographic data associated with these documents. Stripe may retain copies of this information in accordance
with their privacy policy for Stripe Identity which can be found at
https://stripe.com/legal/identity.
8.3. SERVICE PROVIDER
8.3.1.
In order to issue a Nyx Verified ID, Nyx uses the Identity product
delivered by Stripe. For details about Stripe or their Identity product, please
visit https://stripe.com/identity.
8.4. DATA RETENTION
8.4.1
Nyx and Stripe will retain a copy of the submitted Identity Data for
as long as User wishes to be able to access their Nyx Verified ID. Identity Data is always removed when User
deletes their Nyx account in accordance with Nyx' Terms of Use and data retention policies. User may request
to delete their Nyx Verified ID, which will also mark their Identity Data for deletion. After a Nyx Verified ID
has been deleted, the associated Identity Data will be removed as soon as possible, except in cases where Nyx
is legally obligated to retain the information, such as in cases of fraud of if compelled by law. In such cases
Nyx may choose to reject requests for data deletion in accordance with
section 3.e of Article 17 of the
GDPR.
8.4.1
User can request for their Identity Data to be removed by deleting
their Nyx Verified ID using the Nyx Apps or Website. If user deletes their Nyx Verified ID, User also forfeits
any payment User made to access their Nyx Verified ID.
8.5. VALIDITY
8.5.1.
Nyx Verified ID is not certified by any government agency. Nyx cannot
guarantee that Nyx Verified ID will be accepted in place of Physical ID at any venue, unless explicitly stated.
For questions about validity, User should consult with the venue, corporation or place of business at which User
wishes to utilize Nyx Verified ID as a substitute to Physical ID.
8.5.2
Nyx assumes no liability for any legal issues Nyx Verified ID may
cause to Users, Subscribers or any other business or entity that chooses to accept Nyx Verified ID in place of
a Physical ID.
8.6. FRAUD
8.6.1.
If User submits fraudulent, misleading or incorrect Identity Data in
attempt to make Nyx issue a Nyx Verified ID based on incorrect information, Nyx reserves the right to retain all
Identity Data submitted by the User and share it with the appropriate law enforcement agency, depending on
current legislation and location of User or Nyx.
9. APPENDIX: INSTRUCTIONS REGARDING PERSONAL DATA PROCESSING
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This Appendix constitutes Data Controller's instruction to the Data Processor in connection with the Data
Processor's data processing for the Data Controller and is an integrated part of the Agreement. Definitions are
part of the Data Processor Agreement for which this appendix was written.
9.a. Purpose and nature of the data processing
The Data Processor makes a full-featured cloud-based nightclub management suite (the Application), available to
Users and to Subscribers and/or Organizers to apply for and manage memberships (both paid and free memberships)
of nightclubs that subscribe to the Application, purchase Tickets or sign up for Events organized and offered
for sale by Subscribers to the Application and/or Organizers.
Use of the Application is done by the Data Controller's own use of it (i.e., self-service via a User ID and
Password). Accordingly, the Data Processor does not itself perform data processing via the Application. In
particular:
- In relation to the Data Processor, Users who upload their personal information to the Application are Data
Controllers, as the Data Processor does not use their personal information for any other purpose than
storing the data, and processing the Users' personal information in connection with the Users' application
for and management of memberships (both paid and free memberships) of nightclubs that subscribe to the
Application, purchasing of Tickets or signing up for Events organized and offered for sale by Subscribers to
the Application and/or Organizers; and
- Subscribers to the Application and/or Organizers of Events get access to a copy of the personal data that
a User has uploaded to the Application only upon the Users' use of the Application for application for
and/or management of memberships (both paid and free memberships) of nightclubs that subscribe to the
Application, purchasing of Tickets or signing up for Events organized and offered for sale by Subscribers to
the Application and/or Organizers. Access to personal information is given to Subscribers and/or Organizers
through the transfer by the Data Processor of a copy of a User's personal data upon the User's application
for a Membership or purchasing of Tickets or signing up for Events, whereas Subscribers and/or Organizers
will not get access to the Data Controller's own data storages. Upon a Subscriber's and/or Organizer's
receipt of a copy the personal data that a User has uploaded to the Application and when using such
information for providing services to the Users, as well as when Users subsequently use the Application for
managing their Membership of nightclubs or when purchasing Tickets or admissions, or signing up for Events,
the Subscriber and/or Organizer becomes responsible as Data Controller of such personal data both towards
the Data Processor and towards the individual Users, whereas the Data Processor will be a data processor in
connection with the Subscriber's and/or Organizer's and/or Users use of the Application.
In addition to the nightclub management system, the Data Processor offers - or may offer - certain optional
modules that the Data Controller may choose to add to its subscription against additional payment.
If access to such additional modules is selected, the Agreement also applies to such additional services.
9.b. Categories of data subjects and personal information
Category |
Data |
Potential Customers |
- Name
- Address
- Reg. No.
- Contact details
- Contact persons with the Data Controller, incl. their contact details, such as phone, email,
title, department, address
|
Customers/Subscribers |
- Name
- Address
- Reg. No.
- Contact details
- Contact persons with the Data Controller, incl. their contact details, such as phone, email,
title, department, address
- Bank accounts for use of the Application
- Bank accounts or credit cards for payments to Nyx
|
Customer's/Subscriber's Employees |
- Name
- Address
- Personal ID No.
- Contact details, incl. phone, email, title, department, address
- Information of employees shifts and working hours
- Bank accounts for receipt of payments from the Subscribers
- Bank accounts or credit cards for payments to the Subscriber
|
Customer's Members or purchasers of Paid Services (Users) |
- Name
- Date of birth
- Facebook, Apple, Instagram, Google, TikTok or LinkedIn User ID and/or profile information
- Address
- Contact details (e-mail, phone number etc.)
- Bank accounts or credit cards for payments to the Subscriber and/or the Data Processor
- Identity document details, such as passport/driver's license number, social security number,
place of birth and any cryptographic or biometric information associated with identity
documents
|
Partners - Support |
- Name
- Address
- Reg. No.
- Contact details
- Contact persons with the Supporter, incl. their contact details, such as phone, email, title,
department, address
|
9.c. Special categories of data
The Data Processor only processes and stores such special information as the Data Controller himself or his
employees enter into/upload to the Application, and which is relevant to the Data Controller's use of the
Application. Such information may include:
- Planning schedules for employees, including working hours and -shifts.
- Absence (e.g. due to illness, maternity/paternity leave, military service, civic duty, periodic employment,
etc.)
9.d. Location(s), including name of country/countries of data processing
-
9.1 AMAZON WEB SERVICES EMEA SARL
Luxembourg
Amazon Web Services, or AWS for short, is a global cloud service provider. AWS provides all essential
infrastructure that enables Nyx to operate. For this reason AWS is a data processor of ours, and any
information you enter into any of our services will be stored with AWS. We operate primarily out of
their
data
centers in the Frankfurt region.
Visit
aws.com
View Data Processor
Agreement
-
9.2 THE ROCKET SCIENCE GROUP LLC D/B/A MAILCHIMP
USA
MailChimp is a marketing automation platform and email marketing service. Subscribers of Nyx may use
MailChimp to
distribute promotional material. Nyx does not use this platform directly, but we provide the data if a
subscriber of ours wishes to use MailChimp with Nyx.
Visit
mailchimp.com
View Data Processor
Agreement
-
9.3 ONLINECITY.IO ApS
Denmark
GatewayAPI.com, operated by ONLINECITY.IO ApS, is an SMS gateway. We exclusively use this service for
sending
text messages (SMS) for verification of phone numbers. Subscribers of Nyx may also use this service to
send
marketing material to their members via SMS.
Visit
gatewapi.com
View Data Processor
Agreement
-
9.4 STRIPE PAYMENTS EUROPE, LTD.
Ireland
Stripe is an online payment processor. We use this service to securely store credit card information and
process payments on behalf of Subscribers of Nyx as well as to verify identities, either in the context
of KYC regulation or when issuing a Nyx Verified ID to Users.
Visit
stripe.com
View Data Processor
Agreement
-
9.5 ZENEGY DANMARK APS
Denmark
Zenegy is a payroll system. We use this to automate payroll for our Subscribers' employees.
Visit
zenegy.com
View Data Processor
Agreement
(in
Danish)
9.e. Special requirements to security measures that apply to Data Controller
None at this time.
9.f. Processing of personal data outside EU
Where the processing of personal data takes place outside EU or a territory that has been designated by the
European Commission as ensuring an adequate level of protection pursuant to the Data Protection Regulation, such
processing of personal data shall be carried out in accordance with the applicable EU standard clauses for the
transfer of personal data (EU Model Clauses).
Prior to any personal data processing in such territories, the Data Processor shall, as applicable, enter into
and/or procure that the sub-supplier (each a "data importer" under the EU Model Clauses), enters into the EU
Model Clauses with the Data Controller ("data exporter” under the EU Model Clauses), in addition to this
Agreement. In case of conflict between such EU Model Clauses and this Agreement, the EU Model Clauses shall
prevail.
The Data Processor is hereby authorized by the Data Controller to enter into the EU model Clauses agreements
with any relevant subcontractor on Data Controller's behalf for the above-mentioned purpose and for any relevant
territory.
If the Data Controller is required to submit a copy of the executed EU Model Clauses to its local Data
Protection Authority, the Data Processor will submit a copy of the executed contract to Data Controller for its
submission.
For the avoidance of doubt, the requirement to ensure that the sub-suppliers enter into a data processor
agreement using the EU Model Clauses where so required under this Agreement, does not relieve the Data Processor
from its obligations set out under the Agreement, including the obligation to ensure that the security measures
adopted by the relevant subcontractor offer at least an equivalent level of protection to the Data Controller
and the Data Subjects as the requirements imposed on the Data Processor as set out in this Agreement.
Nyx Systems - Appendix: Instructions regarding personal data processing
Rev. 3,
January
2024