LEGAL NOTICE AND CONDITIONS OF USE, PURPOSE AND SCOPE OF APPLICATION

This text (hereinafter the “legal notice”) sets out the conditions of use of the website https://www.kaloramafestival.com and https://www.kalorama.pt (hereinafter, the “website”).

The website is owned and managed by FESTIVAL KALORAMA LISBOA and

KALORAMA FESTIVAL, UNIPESSOAL LDA

Rua D. Jerónimo Osório, nº 11, 1º Dto

Lisboa. Concelho: Lisboa. Freguesia: Belém.

1400 119 LISBOA

NIPC: 516663275

Contact telephone number: +351935453450

(hereinafter "the Company")

and

House of Fun Entertainment, Lda.

VAT NUMBER:515701181

Address:Rua dos Pinheiros, nº 148, 1º esqº , 2820-567 CHARNECA DA CAPARICA

Contact telephone number:+351935453450

Companies incorporated in the Group

LASTUR BOOKIN, S.L. .

VAT NUMBER: B-95.345.989

Address: Camino de la Ventosa, 46, 1º D, CP 48013 Bilbao (Vizcaya).

Contact telephone number: +34944154551 (hereinafter, “the owner”).

Email: hello@kalorama.pt

Contact telephone number: +351935453450.Email: hello@kalorama.pt

By accessing the website, visitors become users (henceforth, the “user”) and this means that the user accepts and commits to comply with each and every one of the terms and conditions set out under this legal notice, as published at the time of the access.

This legal notice shall be applicable to all pages of the website map, which are the only ones included in this website, and it shall be applicable notwithstanding the special terms and conditions that may be applicable for certain and concrete website services.

The owner may compile the user’s IP address, and the browsing data within the website to identify potential fraudulent uses of the website, and to adjust the content, the offer and the browsing to each user, to improve his/her website experience.

The owner reserves the right to amend this legal notice, fully or partially, at any time and with no need to warn in advance. Where applicable, these changes shall be effective from the time of their publication. The usage terms in force shall be those published from time to time on this legal notice, and it shall be the exclusive responsibility of the user to regularly verify their content to be aware of the updated version.

BROWSING

Access to this website is the exclusive responsibility of the user whose use of the above must be legal, complying with this legal notice and the laws in force from time to time.

The owner is not responsible for and does not guarantee that access to the website is uninterrupted, that it is error free or that any damage can be caused. The owner shall not be responsible for losses or damages of any type that arise or may be caused by access to and browsing of the website, including but not limited to those caused to computer systems or those caused by the insertion of viruses. It is further not responsible in any way for downtime, interruptions, faults or defects of telecommunications that may occur while the User is browsing the website.

INTELLECTUAL AND INDUSTRIAL PROPERTY

This entire website, i.e. the texts and the graphical elements associated to it (design, source code, brands, logotypes, photographs, buttons, colour combinations and, in general, any elements comprising a novel intellectual creation), and the presentation, structure, organisation, configuration and assembly of the above, comprising the website and/or disseminated through the above, are exclusively owned by and licensed to the owner, and are protected by the Intellectual Property Law. They cannot be exploited, reproduced, distributed, modified, publicly communicated, assigned or transformed, unless there is an express authorisation from the abovementioned owner(s) of the rights.

Access to this website does not afford the users any prerogatives or ownership of any kind on the intellectual or industrial property rights and/or the contents it holds.

Users accessing this website cannot copy, modify, distribute, transfer, reproduce, publish, assign or sell the elements mentioned in the foregoing or create new products or services arising out of the information gained, without the owner’s express and written consent.

The modification of the contents or structure of this website by the user is strictly prohibited.

The owner reserves the opportunity to exercise the corresponding court actions against persons violating or breaching intellectual and industrial property rights of this website.

LINKS

Links to other websites:

The website may include access links (hyperlinks or links) to other third-party websites, not owned by the owner. This does not, under any circumstances, mean that there is a relationship between the owner of this website and the owner of the website that the hyperlink is redirecting to, and not even that its contents are approved or accepted.

The owner undertakes no responsibility for any aspects concerning the website to which a link is provided from the website. Specifically, by way of example, this includes its operation, access, data, information, files, quality and the reliability of its products or services, its own links and/or any of its contents, in general.

Links on other websites leading to the website:

Should any user, entity or website wish to establish any links leading to the website, it must abide by the following terms and conditions:
The link can solely lead to the main site or home page of the website. Deep links are not permitted under any circumstances.

The link must be absolute and complete, i.e. it must take the user, with a click, to the URL address of the website itself, and it must fully cover the whole screen of the main site of the website. In no case, save as expressly authorised by the owner in writing, can the website making the link in any way reproduce the website, include it as part of its website or within its frames or create a browser on any of the pages of the website.

The page making the link cannot in any way declare that the owner has authorised this link, unless the owner does this expressly in writing. Should the person or entity making the link from its portal to the website wish to include the brand, name, trade name, sign, logotype, slogan or any other identification elements of the owner and/or the website, it must previously gain its express authorisation in writing.

The owner does not authorise any links to the website from sites containing illicit, illegal, degrading, obscene materials and, in general, whose materials are against morals, public order, or generally-accepted social norms.

The owner has no powers or human or technical means to be aware of, control, or approve any information, contents, products or services provided by other websites making links to the website. The owner shall not be held liable for any aspects concerning the website making this link to the website. Specifically, by way of example, this includes its operation, access, data, information, files, quality and the reliability of its products or services, its own links and/or any of its contents, in general.

Third-party services provided through the website:

The owner does not guarantee the legality, reliability and usefulness of third-party services available on the website or where the owner solely acts as an advertising medium.

SECURITY

Services of access to information are executed in a secure environment, using protocols to protect the data communicated. The secure service establishes a connection meaning that information is transmitted in encrypted form. Users can verify that they are in a safe environment when the status bar of their website displays a closed lock.

USE OF THE WEBSITE

To use some parts of the website, and/or to hire any goods or services through it, users may have to create an account and/or register.

Users shall be responsible for providing true and licit information. Where the registration means that users are provided a password, users undertake to make diligent and secret use of the access password.

It is the responsibility of users to keep the password safe.

Therefore, users are responsible for the safekeeping and confidentiality of any identifiers and/or passwords provided to them and they undertake not to assign their use to third parties, whether temporarily or permanently, or to allow their access to third parties. Users shall be responsible for the illicit use of the services by any illegitimate third parties using a password for these purposes, due to a non-diligent use or loss of the above by the user.

SENDING COMMERCIAL COMMUNICATIONS

By accepting any boxes enabled for these purposes on the website or voluntarily registering to be sent newsletters, the user expressly agrees to receive commercial communications via electronic mail by the owner, relating to the products or services it offers in connection with the events it organises, or one of the companies within the LAST TOUR group, as KALORAMA FESTIVAL, UNIPESSOAL LDA, detailed under our Privacy Policy.

If there is a previous contract relationship with users, the owner is authorised to send commercial communications concerning products or services which are similar to those initially acquired by the user.

At any time, the user can waive the right to receive any communications by sending an email to hello@kalorama.pt stating this wish.

MINORS
Only users over the age of 14 can provide personal information on the website to be included in the databases of the owner. However, where their parents, guardians or legal representatives agree, their personal data can be placed on file using the forms of the website.

USER PARTICIPATION

• Some parts of the website may allow user participation through comments and/or other similar or supplementary methods of participation. In such a case, any user can send texts, and/or other elements, using the form provided for these purposes. By sending these texts, and/or other elements, by clicking on the relevant link, button and/or banner, the user agrees to the following:

• Respecting applicable laws, and generally accepted morals and decency, public order and these general terms and conditions of use.

• Solely posting licit and true opinions and comments, dealing with the topic involved.

• Granting the owner the permission, as broad as the law may require, to publish the texts on the Internet.

• Refraining from posting defamatory, abusive, insulting, racist, obscene, threatening or discriminatory contents or links; or commercial, promotional or advertising links.

• Likewise, users agree to the following:

• The owner shall not in any way be liable for opinions expressed by users, and it shall further not be liable for their participation, intervention and/or actions, all of which are carried out under its sole and exclusive liability.

• User comments do not embody the opinions of the owner, its partners, director or any of its employees.

• The owner does not guarantee, under any circumstances, the publication of the contents sent by the users.

• The owner may remove the comments and/or contents not abiding by these participation rules, and/or involving or which may lead to a legal violation of any type.

APPLICABLE LAW AND JURISDICTION

This legal notice shall be governed by and interpreted according to the laws of Spain. Any controversies that may arise out of the access or use of the website shall be submitted to the exclusive jurisdiction of the Courts and Tribunals of Lisbon (Portugal).

PRIVACY POLICY

LAST UPDATED ON: 3 JULY 2019

As provided under REGULATION (EU) 2016/679 OF THE EUROPEAN PARLIAMENT AND THE COUNCIL, of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, repealing Directive 95/46/CE (General Data Protection Regulation) [“GDPR”] and in Organic Law 3/2018, of 5 December, on the Protection of Personal Data and the Guarantee of Digital Data (“LOPDPGDD”) and its implementation regulations, you are informed that by accepting the check box attached, you expressly authorise your personal data, including image and voice data, to be placed on file for strictly confidential processing in a file. The data controller is KALORAMA FESTIVAL, UNIPESSOAL LDA , Address: Rua Xavier Araújo n.º 10,Escritório 21-1600-226 Lisboa, VAT NUMBER: 516 663 275, Contact telephone number: +351935453450 and House of Fun Entertainment, Lda., VAT NUMBER:515701181, Address:Rua dos Pinheiros, nº 148, 1º esqº , 2820-567 CHARNECA DA CAPARICA, Contact telephone number:+351935453450, companies incorporated in the Group Last Tour represented in Portugal by by KALORAMA FESTIVAL, UNIPESSOAL LDA, with registered address at Rua Xavier Araújo n.º 10,Escritório 21-1600-226 Lisboa, (hereinafter, “the company”), holder of TAX ID 516 663 275. The purpose is to manage your participation in and/or attendance to Kalorama Lisboa Festival (hereinafter, “the event”), segmenting profiles to improve and optimise the experience associated with these events, and to inform you of the products and services offered by the company and the remaining companies of the LAST TOUR group detailed hereunder.

The legal basis for processing of your personal data is the following:

• The compliance with a contract and/or a commercial relationship.

• The informed consent granted to us expressly, freely and unambiguously when you agree to this PRIVACY POLICY by sending us the corresponding form.

• To comply with various compulsory legal obligations of the company.

• For the legitimate interest based on all kinds of security reasons, the improvement of our products and services, the management of your information requests, claims and fraud management.

The data we request from you are appropriate, pertinent and strictly necessary to carry out the purposes provided above. You are entitled to withdraw consent at any time, although this does not affect the lawfulness of processing based on consent before it was withdrawn. You further guarantee the authenticity, accuracy and truthfulness of any information you provide us, undertaking to keep the data you provide us updated so that such data truly reflects reality at all times. You shall likewise be solely responsible for false or inaccurate statements and the damage they may cause.

We store your data as long as there is a contract or commercial relationship with you, or as long as you do not exercise your rights to erasure, cancellation, and/or restriction of processing of data. Following the end of this storage period, the company shall erase, destroy, block or pseudonymous your personal data. In the case of blocking, your information shall always be maintained although it shall not be used and no processing shall be completed, whenever this information could be needed to lodge claims or there could be any court, legal, or contract responsibilities arising out of its processing, which must be addressed and made recovery necessary.

DATA ASSIGNMENTS:

The data you provide to us may be assigned to the following companies of the LAST TOUR group for the proper management of the services specified above, and to inform you of products and services that may be offered in the future:

• KALORAMA FESTIVAL, UNIPESSOAL LDA

• House of Fun Entertainment, Lda.

• LAST TOUR CONCERTS, S.L.

• And any other entity of the LAST TOUR group, and/or substituting the above.

Users are further informed that their data shall be assigned to the commercial company Formagrid, Inc., doing business as Airtable solely to provide database management and email services, The Rocket Science Group LLC d/b/a Mailchimp, Mautic Inc., an Acquia company both for email services.

If you pay with a credit card, data shall be coded and transferred to our payment partners. Any personal details about you shall solely be used internally within the LAST TOUR group and KALORAMA FESTIVAL, UNIPESSOAL LDA, and shall not be assigned to third-party companies or entities, aside from the ones provided herein.

Finally, if you send us a curriculum vitae for employment reasons, it shall become part of a file owned by the company. The purpose of the file is selecting staff and by spontaneously sending us this information, you will be granting your express consent for your data to be available in future staff hiring or staff selection processes. Additionally, these data may be assigned to LAST TOUR CONCERTS, S.L. and KALORAMA FESTIVAL, UNIPESSOAL LDA

EXERCISING YOUR RIGHTS:

You can exercise rights of access, rectification or erasure, restriction of processing, cancellation or objection, and portability rights at the company, KALORAMA FESTIVAL, UNIPESSOAL in Lisbon. Moreover, you are entitled to lodge a claim with the Comissão Nacional de Protecção de Dados. Your rights set out under data protection laws can be exercised in Basque, Spanish, Portuguese and English.

SECURITY MEASURES:

To safeguard the security of your personal data, we inform you that the company has adopted all technical and organisational measures required to guarantee the computer security of the personal data supplied, including (inter alia):

• Pseudonymisation and coding of personal data where applicable.

• The capacity to guarantee the confidentiality, integrity, availability and permanent resilience of the processing systems and services.

• The capacity to restore the availability and access to personal data swiftly in the case of a physical or technical incident.

• A process of regular verification, assessment and valuation of the effectiveness of the technical and organisational measures to guarantee the security of processing.

COOKIES POLICY

This cookies policy is part of the terms and conditions of use of the website https://www.kaloramafestival.com and https://www.kalorama.pt .

Browsing this website involves the acceptance of these general terms and conditions, including this cookies policy. A cookie is a file downloaded onto the hard drive of users when they access certain websites. Cookies, among other things, allow the storage and recovery of information on the browsing habits of the device used for browsing and, at times, recognising users.

The website uses third-party cookies to be find out about user activity on its websites and to improve and customise their experience.

The Google Analytics service, provided by Google, Inc. is used. Google Analytics uses cookies to provide us an analysis of the use of this website. The information created by the cookie on the use of the website (including the IP address) shall be directly transmitted and filed by Google on its servers in the United States. Google shall use this information on our behalf to track the use of the website, compiling reports on the activity of the site and providing other services relating to the site’s activity and Internet use. Google can transmit this information to third parties where required by the law, or where these third parties process the information on Google’s behalf. In these cases, Google shall not associate its IP address to any other data held by Google.

By using this site, you authorise the processing of the information created by Google in the manner and for the purposes mentioned above.

Therefore, analysis cookies can be used to recognise you on subsequent visits to gain information on the date and time of your last visit, to measure some traffic parameters within the website itself, and to estimate the number of visits made, so we can focus and adjust the services in the most effective way.

If you want to prevent the creation or download of cookies through your browser you can do this by using the following links:

• Internet Explorer: Tools -> Internet Options -> Privacy -> Settings. For more information, please refer to Microsoft support or the Browser’s help section.

• Firefox: Tools -> Options -> Privacy -> History -> Custom Settings. For more information, please refer to Mozilla’s support or the Browser’s help section.

• Chrome: Settings -> Display advanced options -> Privacy -> Content settings. For more information, please refer to Google’s support or the Browser’s help section.

• Safari: Preferences -> Safety. For more information, please refer to Apple’s support or the Browser’s help section.