Terms of use

Terms of use for Thepointofsale.com (hereinafter the "Site")

Last Updated:July 10th 2024

PRELIMINARY REMARKS

These terms of use (the "Terms") constitute a legal agreement between anyone browsing or using the Site (hereinafter the "User" or "you") and Thepointofsale.com inc. (hereinafter "Thepointofsale.com" or "we"). Our Purchasing Policy, our Personnal Information Management Policy, and other policies, rules, or guidelines published on Thepointofsale.com (the "Site") are also an integral part of the Terms. In the event of disagreement with the Terms, the User must immediately cease use of the Site.

The Site is available only to Users who may legally enter into binding contracts under applicable laws. By using or accessing the Site, you represent and warrant that you are of legal age to use the Site and the services offered, and that you are not prohibited from using them under applicable laws.

  1. ACCEPTANCE OF THE TERMS

    By using the Site, you hereby declare that you have read, understood, and agree to be bound by the Terms and any changes that may be made to them. Thepointofsale.com reserves the right, at its sole discretion and without prior notice, to update, modify, add or delete any provisions of the Terms. If Thepointofsale.com makes changes to the Terms, such changes will be effective immediately. The "Last Update" date above indicates to the User when the conditions have been revised for the last time. The User’s continued use of the Site after such date is deemed as an acceptance of the changes to the Terms by the User. The User has full responsibility to periodically verify the Terms and to be aware of any changes that might be made to them.

  2. YOUR ACCOUNT

    By using the Site, the User may, but is not obliged to register an account. The User is solely responsible for maintaining the confidentiality and security of the information of his account and must not disclose this information to anyone. The User is fully responsible for the activities that occur or go through his account and the User agrees to notify Thepointofsale.com in the event that the security or confidentiality of his account is compromised. Thepointofsale.com will not and cannot, at any time, be liable for damages and losses resulting from the unauthorized use of the User’s account.

    The User agrees to disclose and provide information that is complete, accurate, and truthful when such information must be disclosed or transmitted for the use of the Site. The User agrees to update the information related to his account in the same manner. You agree that Thepointofsale.com can use this information to keep updated billing information related to the account of the User.

  3. CODE OF CONDUCT

    By using the Website, the User agrees to:

    1. Not use the Website in a way that may violate the Terms;

    2. Not use the Website in a way that may violate the intellectual property rights of third parties or Thepointofsale.com;

    3. Not use the Website in a way that could spread spam, including but not limited to unsolicited advertising or mail or bulk e-mail messages, including a link to a spam Website;

    4. Not use the Website in a way that could spread computer viruses, Trojan horses, worms, or any other computer code, files, or malicious malware or not, that are designed or intended to disrupt, damage, limit, or interfere with the proper functioning of any software, hardware, or telecommunications equipment of any kind whatsoever belonging to Thepointofsale.com or a third party, or to damage or obtain unauthorized access to a system, data, a password, or other information Thepointofsale.com, other users of the Site, or other third parties;

    5. Not (i) interfere or attempt to interfere with the proper functioning of the Site or any activity being conducted on the Site; (ii) bypass any measures that Thepointofsale.com could use to prevent or restrict access to the Site or any element thereof; (iii) use manual or automated software, devices, or other processes to "crawl" or use the "spider" on any page of the Site; or (iv) engage in web harvesting or web scraping of any content of the Site;

    6. Use the services in accordance with all local, state / provincial, national and international laws;

    7. Not (i) submit, post or deliver, in any way, material that harasses, victimizes, degrades, or intimidates an individual or individuals on any basis, including but not limited on the basis of religion, race, sex, sexual orientation or disability; and (ii) submit, post or deliver defamatory; and

    8. Do not, in order to obtain a refund or exchange from Thepointofsale.com when we are prohibited by our customers from providing one, solicit, or challenge a rejection of transaction with the company that provides you the credit card you used to buy the tickets on the Site. If you do, your tickets may be canceled and we may, in our sole discretion, refuse to honor current or future purchases from all credit accounts or online accounts from which such chargebacks were made and we could prohibit use of the Site to all persons in whose name the credit card accounts exist and anyone accessing any online account with the associated credit cards or anyone violating this sub-paragraph.

  4. USER CONTENT

    1. Content License.

      By submitting any text, video, photo or other material (the "Content") to the Site, you grant Thepointofsale.com a worldwide, non-exclusive, perpetual, irrevocable, royalty-free, fully-paid up and transferable license to do anything that, under applicable laws, only the copyright owner would otherwise be entitled to do, including the right to authorize anything in respect of the Content, for commercial or non-commercial purposes, subject to the Thepointofsale.com Privacy Policy.

    2. Use of the Content.

      Thepointofsale.com is entitled to use, disclose, delete, publish or otherwise exploit any Content, including any comments posted about events broadcast or made available to users on the Site.

    3. Netiquette.

      At all times, when you post Content, you agree not to make any comments that could be considered, at the sole discretion of Thepointofsale.com, as :

      1. offensive, defamatory, hateful, racist, xenophobic, homophobic or sexist (or any use of disrespectful or discriminatory language);

      2. inappropriate or out of context debates of opinion;

      3. involving vulgar, obscene or malicious language; or

      4. disclosing personal information or confidential information of others.

        It is also prohibited to make any advertising or solicitation for commercial, professional, partisan or religious purposes.

    4. Responsibility for the Content.

      You hereby understand and agree that you are solely responsible for any Content that you post on the Site. Accordingly, you represent and warrant that (i) you are either the sole and exclusive owner of the Content published on the Site, or that you hold all the rights, licenses, permissions, consents, and releases to grant Thepointofsale.com the rights to such Content, and (ii) neither the Content nor your publication or transmission of Content, nor Thepointofsale.com's use of your Content violates or will violate the rights of any third party, including intellectual property rights and image rights, or any law or regulation, Canadian or foreign.

    5. Management of the Site.

      Thepointofsale.com reserves all rights with respect to the management of the Site, including the right to delete without notice any Content that, at the sole discretion of Thepointofsale.com, does not comply with the rules set out in this section 5. Thepointofsale.com reserves the right to delete any user account used for purposes contrary to these Terms, including these rules related to netiquette.

    6. Content Review.

      You acknowledge that Thepointofsale.com has no obligation to review the Content posted by other Users or by Event Organizers on the Site or to monitor your access to or use of the Site, but may do so in order to ensure compliance with these Terms, laws, court orders, government requirements or other applicable requirements. Thepointofsale.com may delegate the moderation and administration of the Content to an Event Organizer for any of its events.

    7. Content Provided by Third Parties.

      Through the Site, you may access Content provided by third parties. Thepointofsale.com cannot guarantee that this Content will be free of any material or information that you may find reprehensible. Thepointofsale.com disclaims all liability related to your access or use of Content provided by third parties.

  5. INTELLECTUAL PROPERTY

    The content, arrangement and layout of the Site, including, but not limited to trademarks, photographs, images, text (as plain text, HTML or PDF), and computer code are the property of Thepointofsale.com, either by an ownership title or through a license agreement, and may not be copied, imitated, reproduced, displayed, distributed, transmitted, decompiled or used without the written permission of Thepointofsale.com, which may be withheld in its sole discretion. Any unauthorized use of the content, arrangement, or presentation of the Site, computer code, or images or trade marks on the Site or in their possible derivative works may violate civil or criminal laws, including intellectual property laws, and Thepointofsale.com may take legal action accordingly.

    The above paragraph applies also to the property of third parties used on the Site, including the computer code of third parties.

  6. SERVICE INTERRUPTION

    From time to time, the Site may be unavailable for short periods of time due to maintenance and/or modifications. As we strive to make this downtime as short as possible, Thepointofsale.com cannot be held responsible for any damage, material or moral, caused by the interruption of the normal functioning of the Site, and disclaims any responsibility for this.

  7. EVENT PROTECT PROGRAM

    Thepointofsale.com offers to event organizers, advertisers, sponsors or any person who sells, presents or displays on the Site, including a manager of the venue where an event is broadcasted (collectively, the « Event Organizers »), Event Protect services who offers to refund tickets in certain circumstances, under the conditions stipulated hereinafter. However, Event Organizers are not required to subscribe to such services and the User understands that Event Protect services may not be available for the tickets he purchased through the Site. 

    Thepointofsale.com is a member of the Event Protect program, the industry standard in event cancellation protection. Our membership of Event Protect provides certainty of our ability in the case of a cancellation, postponement, abandonment or curtailment of an event covered under the Event Protect Programme, to provide refunds directly to ticket holders in a fast and transparent way. As a member of the Event Protect, Thepointofsale.com is protected against all risks: 

    - beyond the control of the Event Organizer and Thepointofsale.com and

    - not listed in the event cancellation policy exclusion.

    Examples include, but are not limited to, adverse weather conditions, key event supplier failure, transport failure causing a cancellation, breakdown of key equipment, etc. 

    For more information, please see: http://bit.ly/2Fo78QB

  8. DISCLAIMER

    We provide the Site and its contents to you "as is" and "as available". We try to keep the Site up and running, error-free and safe, but you use it at your own risk. To the fullest extent permitted by law, we disclaim all warranties, express or implied, including any warranties of title, non-infringement, accuracy, merchantability, fitness for a particular purpose, or guarantees that could occur in connection with transactions or commercial use.

    We do not warrant that the Site will always be secure or error free or that the Site will still function without interruption, delays, or imperfections. We are not responsible for actions or information from third parties, and you release us from any claims and damages, known and unknown, arising from or relating in any way to any claims you have against such third parties.

  9. HYPERLINKS

    Hyperlinks placed on this website may lead to third party sites. When you access these sites, you do so at your own risk. These sites are not controlled by Thepointofsale.com and the latter cannot be held responsible for the content of websites accessed via a hyperlink or existing hyperlinks on these sites, or any changes or updates to such sites. Thepointofsale.com encourages the User to check the terms of use and / or the privacy policy of these sites. These links are provided solely for information purposes, without any guarantee pertaining to the the quality or accuracy. The fact that a site is connected to the Site or the Facebook page of Thepointofsale.com by a hyperlink does not imply an endorsement or joint venture of any kind whatsoever.

  10. LIMITATION OF LIABILITY

    In no case shall Thepointofsale.com or our Event Organizers be liable to you or any third party, and by this, you knowingly and expressly waive all rights to seek direct damages, indirect, incidental, special or consequential, and all rights to damages and all rights to multiply or increase damages arising from or in connection with the use of the Site, the content, or any products or services purchased on the Site even if we have been advised of the possibility of such damages, and regardless of whether the claim is based on contract, tort or other legal or equitable theory. Without limiting the foregoing, you specifically acknowledge and agree that we shall have no liability in the event of (a) any failure of another user of the Site to comply with the code of conduct; (b) injury or property damage of any nature whatsoever, in contract or tort, arising from your access and use of the Site; (c) any unauthorized access or use of our secured servers and/or parts and all personal and/or financial information stored therein; (d) any bugs, viruses, worms, Trojan horses, defects, viral delay devices or other destructive elements that can be transmitted to the Site or through; (e) any errors, inaccuracies, inaccuracies or omissions in any content, or; (f) any ticket lost, stolen or damaged, or failure of an intermediary to submit a ticket. Your sole and exclusive remedy to express your dissatisfaction with the Site is to stop using it. The limitations in this section apply even if the essential objective of any appeal failed. An essential element of the basis of the contract between us is based on the allocation of risk between us. The total amount of liability arising from these Terms or use of the Site may not exceed more than one hundred (100) dollars or the amount that you have paid over the last twelve months. In any case, the User's attorneys' fees may not be awarded or recovered.

    In addition, the User understands and agrees that Thepointofsale.com acts only as an agent for the Event Organizers, and that in no event shall Thepointofsale.com be held liable for any loss that the User may incur in connection with the purchase of tickets on the Site, with the exception of losses resulting from the gross negligence or gross misconduct on Thepointofsale.com's part.

  11. INDEMNIFICATION

    The User herby agrees to defend, indemnify and hold harmless Thepointofsale.com, its directors, officers, directors, shareholders, employees, affiliates, representatives and event organizers of all monetary condemnation in principal, interest, judicial fees and extrajudicial and any other damages, including without limitation, all reasonable legal costs incurred by Thepointofsale.com related to any claim, suit or action ("Claim") arising from non-compliance by the User or any user of your account or these Terms. Thepointofsale.com reserves the right to participate in the defense of any Claim and to be represented by attorney of its choice.

  12. NEWSLETTER OR OTHER COMMUNICATIONS FROM Thepointofsale.com

    When you provide Thepointofsale.com with your email address through the Site, you expressly consent that Thepointofsale.com may keep your email address in its databases or may use it in its mailing lists to communicate with you to (i) validate certain information relating to your account, if any; (ii) keep you informed of the status of your account on the Site; (iii) conduct surveys or audits concerning the Site, including its functionality, usability, and your appreciation of it; or (iv) for any other reason relating to the Site or the security of Users.

    We shall obtain your express and specific consent before sending you any commercial communication, in particular for the purpose of presenting benefits, new products or promotions offered by Thepointofsale.com or by the Event Organizer. 

    At any time the User can unsubscribe from Thepointofsale.com’s mailing list by clicking on the link provided in the email or by contacting us at the following email address info@thepointofsale.com and indicate that the User no longer wishes to receive such communications. The fact that you indicate that you want to unsubscribe from such communications does not prevent you to be bound by these Terms and does not operate you to be removed or unsubscribed from the mailing list of every Event Organizer.

  13. APPLICABLE LAW

    By using this Site, including any order or purchase on the Site, the User acknowledges and agrees that the Terms and any claim, suit, action or demand arising from use of the Site, including any order or purchase, are governed by the laws applicable in the province of Quebec and applicable federal laws of Canada. Hereby, the User acknowledges and irrevocably submits to the exclusive jurisdiction of the courts of the Province of Quebec in Quebec City regarding all disputes arising out of the Terms and the use of the Site.

    In the event of any conflict of interpretation between this version of the Terms and Conditions and the French version, the English language version shall prevail. 

Purchasing Policy

This purchasing policy constitutes a legal agreement between any User purchasing tickets or gift cards on the Website (hereinafter the "Customer") and Thepointofsale.com. Thepointofsale.com does not act as the promoter or event organizer of the events and activities offered on the Website (hereinafter the "Event organizer"). The respective each Event organizer is responsible for these events and also issues the tickets which give the ticket holder the right to attend or take part in the particular event named on the ticket. The purchase of an entrance ticket through the Website constitutes an exclusive contract between the ticket holder and the relevant Event organizer regarding the customer’s attendance at an event. The Event organizer’s own terms and conditions may apply to this legal relationship. It is hereby made clear that Thepointofsale.com is neither the issuer of the tickets nor the Event organizer of the event concerned, unless specifically stated otherwise on the ticket.

  1. Currency

    All ticket prices for events or gift cards are payable in the currency set by the Event organizer. Your ticket or gift card price might be in another currency than from your local currency. In that case, some banks might charge cross-border transactions as a handling fee. We suggest that the Customer verify with its bank before any payment to avoid extra charges.

  2. Payment options

    Thepointofsale.com accepts several payment methods to meet your needs. Thepointofsale.com accepts Visa, Mastercard and PayPal in some cases.

  3. Price and availability

    We sell tickets on behalf of the Event organizer, which means that we do not set ticket prices or other event conditions (e.g. location, number of tickets, etc.). Tickets for popular events can be sold quickly. Occasionally, additional tickets may be available prior to the event. In any case, we do not control the inventory or availability of tickets and Thepointofsale.com assumes no responsibility in this regard. The purchase agreement concluded with Thepointofsale.com therefore only obliges Thepointofsale.com to hand over the ordered tickets in return for the payment of the purchase price. By ordering tickets through the Website, the customer commissions Thepointofsale.com to process the purchase and delivery of the tickets.

  4. Pricing errors

    If the amount paid for a ticket is incorrect, either because of the erroneous publication of the price on this Website, in another communication, or for any other reason, Thepointofsale.com reserves the right to cancel the ticket (or the sale of the ticket) and refund the amount paid. This applies whether due to human error or technical failure of this Website or other systems operated by Thepointofsale.com.

  5. Confirmation of orders

    If you do not receive a confirmation number (in the form of a confirmation page or email) after submitting payment information, or if you receive an error message or if you suffer a disruption of service after submitting payment information, it is your responsibility to confirm that your order has been placed or not via your account on Thepointofsale.com or the customer service of Thepointofsale.com. Only you may be aware of the problems that may have occurred during the purchase process. We will not be liable for any loss (monetary or otherwise) if you assume that an order was not completed because you have not received confirmation.

  6. Service charges

    A ticket purchased on the Website is subject to an additional service charge. The service fee shall not, at any time, be refunded. When applicable, a delivery charge per order may also be required. Once the request is sent, delivery costs cannot, at any time, be refunded.

  7. Delivery

    In the event that the Customer decides to receive his purchase by mail, he waives all claims against Thepointofsale.com concerning the delivery of the tickets or gift cards. Thepointofsale.com will send the tickets or gift cards to the recipient and to the address indicated by the Customer when concluding the online order. The Customer is solely responsible for the validity and accuracy of the information he provides relating to the recipient's name and address. The Customer declares and guarantees to Thepointofsale.com that if an electronic ticket or gift card must be delivered to a third person, there exists between him and this person a personal or family relationship, within the meaning of the Canadian anti-spam law, and that this person has given the Customer their consent and all the authority necessary for the name, email and civic address of that person to Thepointofsale.com, to the Event Organizer or their suppliers for the purposes of processing the ordering tickets or gift cards Thepointofsale.com cannot be held responsible for delays in deliveries of the delivery service operations. The Customer is aware of the risks associated * with mailing of its purchases and accepts that Thepointofsale.com cannot be held responsible for any wrongdoing regarding the tickets or purchase delivery. The Customer agrees not to claim money or compensation, via an institution or by himself, for not receiving its tickets. Where applicable, the Customer declares to be aware of other delivery means available at the same price or lower price with less risk. When the mail delivery option is selected by the Customer, Thepointofsale.com agrees, unless otherwise informed by the Event organizer, to have the tickets placed in the mail within a reasonable time from the date of purchase. A shipping confirmation is sent to the customer by email.

    * The loss, theft, non-delivery, delivery to the wrong address or any other reason which resulted in the loss of tickets.

  8. Content of the event

    Artists, groups or persons invited, duration and other content related matters of an event (hereinafter the "Event Content") may be changed or canceled. Thepointofsale.com is not responsible, at any time contents, for the Event Content, which is at the discretion of the Event organizer, and Thepointofsale.com assumes no responsibility for your losses resulting from non- compliance or a false representation regarding the Event Content.

  9. Events canceled or deferred

    Tickets and gift cards purchased on the Website are non-refundable at any time, unless otherwise of instructed by the Event organizer.

    It is the ticket holder's responsibility to arrive at the time and place specified on the ticket. Use of the ticket is subject to the rules and regulations of the venue. The ticket holder must abide by the rules and regulations in effect at the event location.

    In the event of cancellation, rescheduling or relocation of the venue, the ticket may be exchanged or refunded with the Event Organizer in accordance with the terms and policies of the Event Organizer.

    In case of cancellation of the event for which no other date has been chosen, the refund of your ticket may be made in the manner specified by the Event organizer and Thepointofsale.com. Prepaid card holders must keep their prepaid card or card number until the date of the event for which the prepaid card was used in order to obtain a refund in case of cancellation of the event. The service fee shall not, at any time, be repaid.

    1. Conditions of us of the ticket

      No exchanges or refunds. No reimbursement of service fees. In case of cancellation, postponement, rescheduling or relocation of the event, please contact the event organizer.

      It is the ticket holder's responsibility to arrive at the time and place specified on the ticket. In the event of cancellation, postponement, rescheduling or relocation of the event, the ticket may be exchanged or refunded by the event organizer, in accordance with the terms and policies of the event organizer. The use of the ticket is subject to the rules and regulations in force at the time and place of the event. The ticket holder must abide by the rules and regulations in force at the time and place of the event.

  10. NO REFUND OF DONATIONS

    Donations made to Event Organizers are non-refundable.

  11. Invalid ticket

    A ticket is considered invalid as soon as the ticket is the object of a sworn complaint to the police to the effect that it was stolen.

  12. Liability

    The Customer agrees and assumes all responsibility of the risks and dangers that may arise from the event and waives any claim for loss or damage resulting from any cause whatsoever suffered by the holder, either before or after the event.

  13. APPLICABLE LAWS

    By placing an order or a purchase on the Website, the Customer acknowledges and agrees that the purchasing policy, which is an integral part of the Terms, and any claim, suit, action or demand arising from a command or purchase is governed by the applicable laws in the province of Quebec and applicable federal laws of Canada. The User hereby agrees that this Agreement will be construed in accordance with the laws of the Province of Quebec and be subject to the exclusive jurisdiction of the Courts of the Province of Quebec in the judicial district of Quebec City, regarding all disputes arising out of the purchase policy.

  14. TERMS AND CONDITIONS RELATING TO GIFT CARDS

    Thepointofsale.com offers print gift cards and electronic gift cards, for events listed for sale on its website. Thepointofsale.com also offers gift cards from various organizers who use the Thepointofsale.com sales services. These can be exchanged for passes on the organizer’s website unless otherwise specified on the gift card or in these terms and conditions.

    In the event of any contradiction between the provisions of these Terms and the Purchase Policy, the provisions of the Purchase Policy shall prevail.

    1. GENERAL TERMS

      All purchases of gift cards are governed by the Purchase Policy. Use of gift cards constitutes acceptance of the terms and conditions attached thereto. They can be used for any ticket on sale at thepointofsale.com/gift-card. During a transaction, the gift card is used as a method of payment. If the invoice amount exceeds the value of the gift card, the difference can be paid by credit for purchases made online, and by cash, debit or credit for purchases made at the box office, when this option is available. If the invoice amount is less than the value of the gift card, the unused balance remains on the gift card. This balance can be used on a future purchase.

      Gift cards cannot be refunded or exchanged for cash unless required by law. To check your balance and find out how to do this, visit thepointofsale.com/gift-card. The terms can be changed by Thepointofsale.com without notice.

      In the event of cancellation or postponement of the event for which a gift card was used, Thepointofsale.com does not offer any refund equivalent to the value used. This card cannot be replaced if lost or stolen. It has no expiration date.

    2. OTHER TERMS

      Gift cards can only be used on the Site or on the Event Organizer's.

      Gift cards cannot be resold.

      Gift cards may be considered null and void if they are altered, damaged or degraded. Thepointofsale.com cannot be held responsible for the loss, theft, deactivation, modification, breakage or degradation of a gift card.

      It is prohibited to use the gift cards in an improper or illegal manner or in a manner likely to harm Thepointofsale.com and its reputation.

    3. CHECKING THE BALANCE OF A GIFT CARD

      The balance of your gift card will only appear on the thepointofsale.com/gift-card website in the section: "Manage your card".

      You can also request the balance of your gift card from Thepointofsale.com Customer service or as the case may be, by using the online balance check tool on the salepoint.com website.

    4. SHIPPING INFORMATION

      If you ordered an e-gift card online and the recipient listed in the order did not receive it, have them check their spam and deleted email inbox. If the recipient still has not received the ordered gift card, contact us at info@thepointofsale.com or 1-855-550-7469. If the electronic gift card has not been redeemed, we may cancel it and send a new one, if we consider it appropriate. In the case of a printed gift card, Thepointofsale.com cannot cancel it or send a replacement card if the intended recipient has not received it. If you have a problem with this risk, you should order an electronic gift card.

      You are solely responsible for verifying the accuracy of the information required for delivery, including the email address. Thepointofsale.com cannot correct delivery information after confirmation of an order. Thepointofsale.com cannot be held responsible if gift cards are not delivered or not received due to inaccurate delivery information.

      You become or the recipient becomes the owner of the gift card and you or the recipient assumes the associated risk of loss as soon as Thepointofsale.com electronically transmits the electronic gift card or as soon as it ships and delivers the printed gift card to a postal delivery service. Gift cards should be protected like cash. If you suspect that your gift card number has been copied or stolen, immediately call 1-855-550-7469.

    5. PERSONALIZED MESSAGE

      If you wish to add a personal message to an order placed online, you can indicate it in the appropriate place of your order. Personal messages are limited in length.

      There is no additional charge for adding a personal message.

      Thepointofsale.com does not check every personal message and is not obligated to do so; however, Thepointofsale.com reserves the right to cancel or omit inappropriate, offensive or objectionable messages. Thepointofsale.com assumes no responsibility for a personal message included in an order.

    6. CANCELLATION OR REFUSAL OF A GIFT CARD

      Thepointofsale.com reserves the right to cancel or refuse at any time a gift card related to an unauthorized transaction.

      Gift cards purchased from a source other than Thepointofsale.com will not be valid. Thepointofsale.com is under no obligation to accept a gift card purchased from an unauthorized seller.

PERSONAL INFORMATION MANAGEMENT POLICY

Thepointofsale.com inc. (“ Thepointofsale.com ” or “we”), owner and manager of the Website Thepointofsale.com (the “Website”) attaches particular importance to the protection of your Personal Information and we are committed to managing it in accordance with the applicable laws.

This Personal Information management policy (the “Policy”) is intended to inform you of the Personal Information that we collect from you as a user of the Website, how we use it, the people with whom we share it, as well as the choices that you can make about it. 

Thepointofsale.com may, at its discretion, amend this Policy from time to time. If a modification is made to the Policy, you will be notified when you log in and/or we will send you a link to the new version of the Policy. Thepointofsale.com asks its users to consult the amended Policy before continuing to use its services. The continuous use of the services provided by Thepointofsale.com, after the amended Policy comes into effect, implies that you have Consented to this Policy as amended.

There are a certain number of places on our Website where you can click on links that allow you to access other websites that are not subject to this Policy. Third-party websites may request and collect information about you, including Personal Information, and in some cases, inform us of your activities on these websites. We recommend that you read carefully the Personal Information Management Policy of each third-party website you visit by clicking on the "Personal Information Management Policy" link, usually located at the bottom of the web page that you are consulting.

DEFINITIONS

In this Policy:

  1. Your “Consent” means any freely given, specific, informed and unambiguous indication of your wishes by which you, by a statement or by a clear affirmative action, signify agreement to the Processing of Personal Information relating to you.

  2. “Personal Information” means any information relating to an identified or identifiable natural person.

  3. “Personal Information Breach” means a breach of security leading to the accidental or unlawful destruction, loss, alteration, unauthorized disclosure of, or access to, Personal Information transmitted, stored or otherwise processed.

  4. “GDPR” means that Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the Processing of Personal Information and on the free movement of such data, and repealing Directive 95/46/EC (also known as the General Data Protection Regulation of the European Union).

  5. “Processing” means any operation or set of operations performed on Personal Information or on sets of Personal Information, whether or not by automated means, such as collection, recording, organization, structuring, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, restriction, erasure or destruction.

  6. “Pseudonymisation” means the Processing of Personal Information in such a manner that the Personal Information can no longer be attributed to a specific individual without the use of additional information, provided that such additional information is kept separately and is subject to technical and organizational measures to ensure that the Personal Information is not attributed to an identified or identifiable natural person.

SUMMARY OF THE POLICY

  1. ACCOUNTABILITY: Thepointofsale.com is responsible for and will be able to demonstrate compliance with this Policy, and has designated an individual or individuals accountable for Thepointofsale.com’s compliance with the Policy.

  2. PURPOSES AND PURPOSE LIMITATION: The purposes for which Personal Information is collected will generally be identified by Thepointofsale.com at or before the time the Personal Information is collected, for specified, explicit and legitimate purposes and not further processed in a manner that is incompatible with those purposes.

  3. CONSENT: Your knowledge and Consent are required for the Processing of your Personal Information, except where inappropriate.

  4. LIMITED COLLECTION, DATA MINIMIZATION, FAIRNESS AND LAWFULNESS: The collection of Personal Information will be adequate, relevant and limited to that which is necessary for the purposes identified by Thepointofsale.com. Personal Information will be collected by fair and lawful means.

  5. LIMITED USE, DISCLOSURE AND RETENTION: Personal Information will not be processed for purposes other than those for which it was collected, except with your Consent or as required by law. Personal Information will be retained only as long as necessary for the fulfilment of those purposes and in a form which permits your identification for no longer than is necessary for the purposes for which the Personal Information is processed.

  6. ACCURACY, INTEGRITY, CONFIDENTIALITY AND RIGHT TO RECTIFICATION: Personal Information will be as accurate, complete and kept up-to-date as is necessary for the purposes for which it is to be used. Every reasonable step will be taken to ensure that Personal Information that is inaccurate, having regard to the purposes for which it is processed, is erased or rectified without delay.

  7. SAFEGUARDS: Personal Information will be protected by security safeguards appropriate to the sensitivity of the Personal Information, including protection against unauthorized or unlawful Processing and against accidental loss, destruction or damage, using appropriate technical or organizational measures.

  8. OPENNESS AND TRANSPARENCY: Thepointofsale.com will make readily available to you specific information about its policies and practices relating to the management of your Personal Information, which will be processed in a transparent manner.

  9. INDIVIDUAL ACCESS AND OTHER RIGHTS: Upon request, you will be informed of the existence and Processing of your Personal Information and will be given access to that Personal Information. You will be able to challenge the accuracy and completeness of the Personal Information and have it amended as appropriate.

  10. CHALLENGING COMPLIANCE: You may address a challenge concerning Thepointofsale.com’s compliance with this Policy to the designated individual(s) accountable for such compliance.

DETAILS OF THE POLICY

  1. ACCOUNTABILITY

    Thepointofsale.com has designated an individual accountable for Thepointofsale.com’s compliance with the Policy. If you have any questions, comments, complaints about this Policy, please contact Yannick Cimon-Mattar, General Manager, at the following email address: info@thepointofsale.com.

  2. PURPOSES AND PURPOSE LIMITATION

    Personal Information will not be processed for purposes other than those for which it was collected, except with your Consent or as required by Law.

    We may collect your Personal Information for the following purposes:

    1. To answer your requests or questions. For example, we could use your information to confirm your registration for an event;

    2. To improve our products or services. We can use your information to customize your experience with us or to offer content based on your preferences;

    3. For marketing purposes. For example, we may send you information about promotions or special offers. We could introduce you to new features or new products. It may be our own offers or our products, or offers or products from third parties that we think you'll find interesting

    4. To examine your interests as a user of the Website or to improve our Website and our products. We may associate the information we obtain from you with the information about you that we receive from third parties;

    5. For security purposes. We may use the information to protect our business, our customers or our Website;

    6. To transmit transactional information to you. For example, we may send you emails regarding your account or a ticket purchase. We may also contact you about this Policy or our Website.

  3. CONSENT

    Your knowledge and Consent are required for the Processing of your Personal Information, except where inappropriate. (For example, legal, medical, or security reasons may make it impossible or impractical to seek Consent.)

    BY ACCEPTING TO USE THE SERVICES AVAILABLE ON THE WEBSITE, YOU WILLINGLY CONSENT TO THE PROCESSING BY Thepointofsale.com OF YOUR PERSONAL INFORMATION IN CONFORMITY WITH THE PRESENT POLICY AND ITS USE OF THIS PERSONAL INFORMATION IN ACCORDANCE WITH WHAT IS STIPULATED. 

    You represent that you are aware of the purposes for which Thepointofsale.com collects, Processes and uses such Personal Information, and how Personal Information will be managed. 

    You may withdraw your Consent at any time, subject to legal or contractual restrictions and reasonable notice.

  4. LIMITED COLLECTION, DATA MINIMIZATION, FAIRNESS AND LAWFULNESS

    1. Collected information

      To the extent that Processing of Personal Information is necessary, more particularly for the performance of a contract to which you are a party or in order to take steps at your request prior to entering into a contract, or for compliance with a legal obligation to which Thepointofsale.com is subject, Thepointofsale.com may choose to refrain from requiring your Consent for such Processing relating to you.

      Personal Information collected may include, but is not limited to:

      1. your contact information. We may collect your name, full address, IP address, phone number and email address;

      2. your payment and billing information when you purchase a ticket, especially your credit card number and your payment account information (e.g. PayPal), if any;

      3. your demographic information. We can collect information about what you like or the products you buy on our Website or as part of a survey; and

      4. other information about your online activities. We may collect information about the browser you use or we could look at what website you came from.

    2. How we collect your personal information

      Thepointofsale.com collects Personal Information from you and through cookies.

      1. From you

        You provide us with Personal Information directly, notably when you create an account on our Website, when you click on an advertisement that we have placed on a third-party website (e.g. Google, Facebook, etc.), if you contact us, if you fill out an online application form or if you buy one of our products or services.

      2. Cookies

        Cookies are small data files that are commonly stored on your device when using websites and online services. They are used for the efficient operation of websites and can provide information and help with the personalization of services. Thepointofsale.com collects Personal Information provided by cookies.

        When you visit our Website, we collect information from your browser. For example, this may include your IP address, the type and language of your computer, the hours of access, the content of any undeleted cookies that your browser has accepted from us, and the address of the websites from which you have been redirected to our Website.

        We use standard Internet technology, for example, web beacons and similar technologies to track your use of our Website. We include web beacons in promotional emails and newsletters to verify if messages are open and if you follow up on them. A web beacon is a small file placed on a web page that allows a website to perform certain tasks, such as counting users who visit the page in question or accessing cookies. We may also receive an anonymous identification number if you access our Website through an advertisement posted on a third-party website. The information we collect this way allows us to customize the services we offer to visitors of our Website, to distribute targeted advertising and evaluate the overall effectiveness of our advertising or other of our activities.

        You may elect to accept or reject cookies. Most web browsers automatically accept cookies, but you can usually change your browser settings to refuse cookies if you prefer. If you wish to disable the use of cookies, you can do so from your browser's preference menu. It is possible to disable cookies or use the private browsing mode when using Thepointofsale.com’s services. However, the refusal of cookies may significantly affect the functioning of the Website.

  5. LIMITED USE, DISCLOSURE AND RETENTION

    Personal Information will be retained for as long as necessary to fulfill the identified purposes, in a form that does not identify you longer than necessary and for the purposes for which the Personal Information is so retained.

    If you close your Thepointofsale.com account, we may retain certain information, including Personal Information registered into your account for analytical purposes, account integrity, fraud prevention, recovering fees, enforcement of terms of use, taking action that we deem necessary to protect the integrity of our Website or our users, or any other measures permitted by the Law. In addition, if some of your Personal Information has been provided with your Consent to Event Organizers or third parties, the use and retention of your Personal Information will be subject to the policy of those third parties.

    We want you to understand with whom we share the Personal Information we collect about you, about your activities on our Website, or when you use our services. As a result, we do not share your Personal Information, except with your Consent, which is granted by your use of the Website in the following situations:

    1. Event Organizers: We sell tickets on behalf of others. We do not produce events in any way. When an event organizer, or other intermediary, including the manager of the venue where the event is broadcast (collectively, the "Event Organizers") wishes to present an event, he provides Thepointofsale.com with information about the event, including the amount of tickets and the prices at which he wishes to sell them. In addition, when you purchase tickets, you purchase or use tickets or services offered by an Event Organizer. Thepointofsale.com communicates your Personal Information to Event Organizers through secure connections. Event Organizers collect and use your Personal Information to provide you with ticketing services, to send you important communications about events such as notice of cancellation, postponement or change of time of an event, or to assist you in the event of lost tickets and for any other reason relating to the tickets you have purchased. Additionally, Event Organizers who collect donations may collect and use your Personal Information for the purpose of processing donations, issue tax receipts and fulfill any obligation they may have to you or to any governement authority.  Thepointofsale.com and Event Organizers collect information, whether or not it is considered Personal Information, necessary to send these important notices and to resolve customer service issues, including those that may arise at the ticket office of the broadcast location during the event. In addition, if you have given your Consent at the time of ticket purchase or when creating your user account, the Event Organizer may contact you to announce upcoming events and special offers. Event Organizers may have their own personal information management policy that governs their use of your Personal Information. To learn more about a particular Event Organizer's personal information management policy, if you no longer wish to receive communications from them or for any other matter, please contact directly such Event Organizer;

    2. Authorized Service Providers: We may share your Personal Information with service providers who perform operations on our behalf. Services offered by these suppliers include order processing and credit card payments, delivery, customer service, marketing assistance, sales and activities analysis, support for our Website’s features, conducting contests, sweepstakes and surveys and support for other features of our Website. These service providers may have access to your Personal Information for the sole purpose of fulfilling their duties;

    3. Business Partners: We may share your Personal Information with our business partners to offer you products, services, promotions, contests or sweepstakes through our Website or our services. Our partners may use your Personal Information in accordance with their own personal information management policy. To learn more about the personal information management policy of one of our specific business partners, you must communicate with that partner directly;

    4. Other cases: By using our services and providing us with your Personal Information, you Consent that Thepointofsale.com may disclose such Personal Information in the following circumstances:

      1. In response to a requirement by the Law, including a subpoena, a court order, a request from a law enforcement agency or other government agency, to exercise or enforce our rights recognized by the Law, and to defend against a legal claim;

      2. According to what is reasonably necessary to protect the rights, property and safety of our company, our users and our employees, including investigations or fraud prevention measures and alleged illicit activities or any other wrongdoing, the application of the Website's terms of use or the application of any other agreements or policies, as well as the protection of Thepointofsale.com and other visitors to the Website or users of the products and services offered or sold by Thepointofsale.com;

      3. As part of a major transaction of the company, such as the sale of our company, a divestiture, a merger, a sale of assets or in the unlikely event of bankruptcy. Any third party to whom we disclose your Personal Information is authorized to use such Personal Information in accordance with this Personal Information Management Policy only, unless otherwise specified by you.

  6. ACCURACY, INTEGRITY, CONFIDENTIALITY AND RIGHT TO RECTIFICATION

    Thepointofsale.com will not routinely update Personal Information, unless it is necessary to fulfil the purposes for which the Personal Information was collected.

    The degree of accuracy and currency and the completeness of the Personal Information will depend upon entry (i) by you or (ii) resulting from your use of Thepointofsale.com’s products or services, and the use of the Personal Information, taking into account your interests.

    You shall have the right to obtain from Thepointofsale.com, without undue delay, the rectification of inaccurate Personal Information about you. Taking into account the purposes of the Processing, you shall have the right to have incomplete Personal Information completed, including by means of providing a supplementary statement.

  7. SAFEGUARDS

    1. Security measures

      Thepointofsale.com takes the appropriate security measures, including physical, electronic, and procedural measures, to protect your Personal Information from unauthorized access and disclosure. For example, only our authorized employees can access Personal Information and can only do so when access to it is required for authorized administrative functions and we use firewalls. We require third parties to whom we disclose your Personal Information to protect it at least as strictly as Thepointofsale.com.

      Although we take the security measures required by law, no security device is infallible.

      You therefore understand and agree (i) that there are limits to the security and management of the Personal Information we collect that is beyond the control of Thepointofsale.com; (ii) that the security, integrity and management of all Personal Information and data exchanged between you and Thepointofsale.com through our Website cannot be guaranteed; and (iii) that such Personal Information may be seen or altered by a third party at the time of transfer. For these reasons, Thepointofsale.com cannot be held liable for the loss, capture or alteration of Personal Information.

    2. Data protection by design

      Taking into account the state of the art, the cost of implementation and the nature, scope, context and purposes of Processing as well as the risks of varying likelihood and severity for rights and freedoms of natural persons posed by the Processing, Thepointofsale.com will, both at the time of the determination of the means for Processing and at the time of the Processing itself, implement appropriate technical and organizational measures, such as Pseudonymisation, which are designed to implement data-protection principles, such as data minimization, in an effective manner and to integrate the necessary safeguards into the Processing in order to meet the requirements of the applicable laws and regulations and protect your rights.

    3. Data protection by default

      Thepointofsale.com will implement appropriate technical and organizational measures for ensuring that, by default, only Personal Information which are necessary for each specific purpose of the Processing are processed. That obligation applies to the amount of Personal Information collected, the extent of its Processing, the period of its storage and its accessibility. In particular, such measures will ensure that by default Personal Information is not made accessible without the individual’s intervention to an indefinite number of natural persons.

    4. Intermediaries

      Where Processing is to be carried out on behalf of Thepointofsale.com, Thepointofsale.com will use only Intermediaries providing sufficient guarantees regarding the implementation of appropriate technical and organizational measures in such manner that Processing will meet the requirements of the applicable laws and regulations and ensure the protection of your rights. The Intermediary will not engage another Intermediary without prior specific or general written authorization of Thepointofsale.com. Processing by an Intermediary will be governed by a contract that is binding on the Intermediary with regard to Thepointofsale.com and that sets out the subject-matter and duration of the Processing, the nature and purpose of the Processing, the type of Personal Information and categories of individuals and the obligations and rights of Thepointofsale.com. Where an Intermediary engages another Intermediary for carrying out specific Processing activities on behalf of Thepointofsale.com, the same data protection obligations as set out in the contract between Thepointofsale.com and the Intermediary will be imposed on that other Intermediary by way of a contract. The Intermediary and any person acting under the authority of Thepointofsale.com or of the Intermediary, who has access to Personal Information, will not process those data except on instructions from Thepointofsale.com, unless legally required to do so by a statutorily-empowered public authority.

    5. Notification of a Personal Information Breach

      Thepointofsale.com will communicate the Personal Information Breach to you without undue delay when the Personal Information Breach is likely to result in a high risk to the rights and freedoms of natural persons. Such communication will describe in clear and plain language the nature of the Personal Information Breach, and contain at least the information and measures referred to in points b. , c. and d. below.

      Thepointofsale.com will document any Personal Information Breaches, comprising the facts relating to the Personal Information Breach, its effects and the remedial action taken without undue delay and, where feasible, not later than 72 hours after having become aware of it, notify the Personal Information Breach to the statutorily-empowered public authority appropriate in accordance with applicable laws and regulations, unless the Personal Information Breach is unlikely to result in a risk to the rights and freedoms of natural persons. Such notification will at least:

      1. describe the nature of the Personal Information Breach including where possible, the categories and approximate number of individuals concerned and the categories and approximate number of Personal Information records concerned;

      2. communicate the name and contact details of the data protection officer or other contact point where more information can be obtained;

      3. describe the likely consequences of the Personal Information Breach;

      4. describe the measures taken or proposed to be taken by Thepointofsale.com to address the Personal Information Breach, including, where appropriate, measures to mitigate its possible adverse effects.

  8. OPENNESS AND TRANSPARENCY

    Whether Personal Information is collected from you or not, Thepointofsale.com will, at the time when Personal Information is obtained (or, where Personal Information have not been obtained from you, within a reasonable period after obtaining the Personal Information, but at the latest within one month, having regard to the specific circumstances in which the Personal Information is processed), provide you with the following information, unless (i) you already have it, or (ii) the provision of such information proves impossible or would involve a disproportionate effort, or (iii) the Personal Information must remain confidential subject to an obligation of professional secrecy:

    1. Thepointofsale.com identity and contact details and, where applicable, of Thepointofsale.com’s representatives (including the representatives’ titles and addresses) accountable for Thepointofsale.com’s policies and practices and to whom complaints or inquiries can be forwarded;

    2. the purposes of the Processing for which the Personal Information is intended as well as the legal basis for the Processing;

    3. the legitimate interests pursued by the Thepointofsale.com or by a Third Party here where the Processing is necessary for purposes of the legitimate interests pursued by Thepointofsale.com or by a Third Party;

    4. a description of the type of Personal Information held by Thepointofsale.com, including a general account of its use, and the categories of Personal Information concerned;

    5. the Recipients or categories of Recipients of the Personal Information, if any, including what Personal Information is made available to related organizations (e.g. affiliates such as subsidiaries and parent organizations);

    6. the means of gaining access to Personal Information held by Thepointofsale.com; and

    7. where applicable, the fact that Thepointofsale.com intends to transfer Personal Information to a third country or international organization and the existence or absence of an adequacy decision pursuant to the GDPR, or reference to the appropriate or suitable safeguards and the means by which to obtain a copy of them or where they have been made available.

    8. Unless you already have it, Thepointofsale.com will, at the time when Personal Information is obtained, provide you with the following further information necessary to ensure fair and transparent Processing:

      1. the period for which the Personal Information will be stored, or if that is not possible, the criteria used to determine that period;

      2. the existence of the right to request from Thepointofsale.com access to and rectification or erasure of Personal Information or Restriction of Processing concerning you or to object to Processing as well as the right to data portability;

      3. where the Processing is based on your Consent, the existence of the right to withdraw Consent at any time, without affecting the lawfulness of Processing based on Consent before its withdrawal;

      4. the right to lodge a complaint with a statutorily-empowered public authority;

      5. from which source the Personal Information originates (if it does not originate from you), and if applicable, whether it came from publicly accessible sources;

      6. whether the provision of Personal Information is a statutory or contractual requirement, or a requirement necessary to enter into a contract, as well as whether you are obliged to provide the Personal Information and of the possible consequences of failure to provide such data;

      7. the existence of automated decision-making, including Profiling and, at least in those cases, meaningful information about the logic involved, as well as the significance and the envisaged consequences of such Processing for you.

  9. INDIVIDUAL ACCESS AND OTHER RIGHTS

    1. Right of Access

      Upon request, Thepointofsale.com will inform you whether or not Thepointofsale.com holds Personal Information about you and may indicate the source of this Personal Information. Thepointofsale.com will generally allow you access to this Personal Information. You may be required to provide sufficient information to permit Thepointofsale.com to provide an account of the existence and Processing of Personal Information.

      No request for access, rectification or deletion may be considered unless it is made in writing by you when you prove that you are the individual concerned (or the representative, heir or successor of that individual, or the liquidator of the succession, a beneficiary of life insurance or of a death benefit). 

      Thepointofsale.com, when holding a file that is the subject of your request for access, rectification or deletion, will respond to that request within a reasonable time after receipt of the request, without undue delay and in any event within one month of receipt of the request. That period may be extended by two further months where necessary, taking into account the complexity and number of the requests. Thepointofsale.com will inform you of any such extension within one month of receipt of the request, together with the reasons for the delay. The requested information will be provided or made available in a form that is generally understandable. For example, if Thepointofsale.com uses abbreviations or codes to record Personal Information, an explanation will be provided.

      If you have a Thepointofsale.com account, you can view and update some personal information online by visiting My Account page. 

      In certain situations, Thepointofsale.com may not be able to provide access to all the Personal Information it holds about you. Exceptions to the access requirement are meant to be limited and specific. The reasons for denying access will be provided to you upon request. 

      Exceptions may include information that is prohibitively costly to provide, information that contains references to other individuals, information that cannot be disclosed for legal, security or commercial proprietary reasons and information that is subject to solicitor-client or litigation privilege.

      If Thepointofsale.com does not take action on your request, Thepointofsale.com will inform you without delay and at the latest within one month of receipt of the request of the reasons for not taking action and on the possibility of lodging a complaint with a statutorily-empowered public authority and seeking a judicial remedy.

      The transcription, reproduction or transmission of Personal Information and any communication and actions taken in relation to such transcription, reproduction or transmission will be provided free of charge, unless your requests are manifestly unfounded or excessive, in particular because of their repetitive character, in which case Thepointofsale.com may either refuse to act on the request or charge a reasonable fee taking into account the administrative costs of providing the information or communication or taking the action requested. For any further copies requested by you, Thepointofsale.com may charge a reasonable fee based on administrative costs.

    2. Right to Erasure (‘Right to be Forgotten’)

      Where Thepointofsale.com has made the Personal Information public and is obliged to erase the Personal Information, Thepointofsale.com, taking account of available technology and the cost of implementation, will take reasonable steps, including technical measures, to inform Controllers who are Processing the Personal Information that you have requested the erasure by such Controllers of any links to, or copy or replication of, those Personal Information.

      You will have the right to obtain from Thepointofsale.com the erasure of Personal Information concerning you without undue delay and Thepointofsale.com will have the obligation to erase Personal Information without undue delay where one of the following grounds applies:

      1. the Personal Information is no longer necessary in relation to the purposes for which it was collected or otherwise processed;

      2. you withdraw Consent on which the Processing is based, and where there is no other legal ground for the Processing;

      3. you object to the Processing and there are no overriding legitimate grounds for the Processing;

      4. the Personal Information has been unlawfully processed;

      5. the Personal Information has to be erased for compliance with a legal obligation to which Thepointofsale.com is subject;

      6. the Personal Information has been collected in relation to the offer of services normally provided for remuneration, at a distance, by electronic means and at the individual request of a recipient of services.

      7. Such right to erasure will not apply to the extent that Processing is necessary:

        (A) for exercising the right of freedom of expression and information;

        (B) for compliance with a legal obligation which requires Processing by a statutorily-empowered public authority to which Thepointofsale.com is subject or for the performance of a task carried out in the public interest or in the exercise of official authority vested in Thepointofsale.com;

        (C) for reasons of public interest in the area of public health;

        (D) for archiving purposes in the public interest, scientific or historical research purposes or statistical purposes in so far as the right to erasure is likely to render impossible or seriously impair the achievement of the objectives of that Processing; or

        (E) for the establishment, exercise or defence of legal claims.

        You can request to delete the account by emailing info@thepointofsale.com. If so, Personal Information related to audit account will be deleted. In doing so, data on past orders will not be deleted for accounting and statistical reasons.

    3. Right to Restriction of Processing

      Where Processing has been restricted pursuant to the following, such Personal Information will, with the exception of storage, only be processed with your Consent or for the establishment, exercise or defence of legal claims or for the protection of the rights of another natural or legal person or for reasons of important public interest of a statutorily-empowered public authority.

      If you have obtained Restriction of Processing pursuant to the following, you will be informed by Thepointofsale.com before the Restriction of Processing is lifted.

      You will have the right to obtain from Thepointofsale.com a Restriction of Processing ("Restriction of Processing" means the marking of Personal Information retained for the purpose of limiting its future Treatment) where one of the following applies:

      1. the accuracy of the Personal Information is contested by you, for a period enabling Thepointofsale.com to verify the accuracy of the Personal Information;

      2. the Processing is unlawful and you oppose the erasure of the Personal Information and requests the restriction of their use instead;

      3. Thepointofsale.com no longer needs the Personal Information for the purposes of the Processing, but they are required by you for the establishment, exercise or defence of legal claims;

      4. you have objected to Processing pending the verification whether the legitimate grounds of Thepointofsale.com override yours.

    4. Right to Data Portability

      You will have the right to receive the Personal Information which you have provided to Thepointofsale.com, in a structured, commonly used and machine-readable format and have the right to transmit those data to another Controller without hindrance from Thepointofsale.com, where the Processing is based on Consent and the Processing is carried out by automated means.

    5. Right to Object

      You will have the right to object, on grounds relating to your particular situation, at any time to Processing of Personal Information concerning you which is necessary for the purposes of the legitimate interests pursued by Thepointofsale.com or by a Third Party or for the performance of a task carried out in the public interest or in the exercise of official authority vested in Thepointofsale.com, including Profiling. Thepointofsale.com will no longer process the Personal Information unless Thepointofsale.com demonstrates compelling legitimate grounds for the Processing which override your interests, rights and freedoms or for the establishment, exercise, or defence of legal claims.

    6. Automated Individual Decision-Making, Including Profiling

      In the cases referred to in points (a) and (c) below, Thepointofsale.com will implement suitable measures to safeguard the right to obtain human intervention on the part of Thepointofsale.com, to express your point of view and to contest the decision.

      You have the right not to be subject to a decision based solely on automated Processing, including Profiling, which produces legal effects concerning you or similarly significantly affects you, unless the decision:

      1. is necessary for entering into, or performance of, a contract between you and Thepointofsale.com;

      2. is authorized by the law to which Thepointofsale.com is subject and which also lays down suitable measures to safeguard your rights and freedoms and legitimate interests; or

      3. is based on your explicit Consent.

  10. CHALLENGING COMPLIANCE

    Thepointofsale.com has put procedures in place to receive and respond to complaints or inquiries about its policies and practices relating to the handling of Personal Information. The complaint procedure is meant to be easily accessible and simple to use.

    Thepointofsale.com will inform individuals who make inquiries or lodge complaints of the existence of the relevant complaint procedure.

    Thepointofsale.com will investigate all complaints. If a complaint is found to be justified, Thepointofsale.com will take appropriate measures, including, if necessary, amending its policies and practices.

  11. CONTACT POINT

    For any questions regarding the processing or updating of your personal information or to express any concerns in this regard, please contact us via the email address vieprivee@lepointdevente.com or by phone at +1 581-981-8686. The person responsible for the protection of personal information will get in touch with you within thirty (30) days of receiving your request.