GENERAL TERMS AND CONDITIONS

as of 12. May 2016

§1 GENERAL

1. These General Terms and Conditions (GTC) apply to all business-related actions between Jolly Roger UG (haftungsbeschraenkt), a limited-liability company – Im Klapperhof 7-23, 50670 Cologne, Germany, HRB 7344, in the following referred to as Jolly Roger, and those considered individuals by law that are not consumers as of §13 BGB (German Civil Code), referred to as the individual.
2. Jolly Roger, a German company, which is in the main business of organising technology conferences, including but not exclusively under the brand names Pirate Summit, Pirate Summit Global, Pirate Club, EXEC, EXECfintech, EXECinsurtech, Campfire,  and builds conference related software.
3. Jolly Roger shall be entitled to delegate the duties provision of its obligations under this Agreement.
4. If not agreed to differently, the language spoken during all events as well as correspondence is English.
5. The contract is solely on the basis of the following conditions. Jolly Roger exclusively signs contracts which are subject to these General Terms and Conditions. The use of Jolly Roger Internet platforms is subject to these Terms. Any other Terms and Conditions – except those of Eventbrite, our current ticketing provider, are explicitly excluded even if Jolly Roger does not specifically refuses to accept those conditions.

§2 Personal data & declaration consent

1. 1. The individual hereby consents for Jolly Roger (and its subsidiaries) to collect, process and use personal data for the purposes of processing the purchase of tickets and for any other use to which the individual has consented. This information will be used for the purposes of processing ticket sales and compiling delegate lists which will be published on Jolly Roger’s websites and across any relevant online portals, websites or platforms, and circulated by email to Jolly Roger’s email database, which includes all past and current delegates. If the individual does not wish his/her name, photograph, country and company name to appear on the delegate list, the individual shall email info@piratesummit.com.
   2. The individual hereby consents for the mandatory and voluntary data collected in the course of purchasing and/or registering for tickets sold or given out for free by Jolly Roger (and subsidiaries). The individual further gives permission for his/her user account details to be stored. The individual acknowledges that he or she may provide Jolly Roger a reasonable timeframe to remove details at any time that the individual no longer wishes them to be stored. The individual acknowledges and accepts that data will be used for commercial purposes in accordance with German privacy laws and regulations and will be retained and stored for this purpose. Should the individual wish for data to be removed, the individual must request Jolly Roger to do so in writing. Requests will be processed within a 30-day period. 
      Requests can be emailed info@piratesummit.com or addressed to: Jolly Roger UG (haftungsbeschränkt) | Im Klapperhof 7-23 | 50670 Cologne, Germany
   3. Jolly Roger’s websites collect personal data from its users. Personal data collected for the following purposes and using the following services:
      Data controller and wwner
      Jolly Roger UG (haftungsbeschraenkt); Contact: info@piratesummit.com
   4. Types of data collected
      Among the types of personal data that this website collects, by itself or through third parties, there are: Cookie, usage Data and email.
      Other personal data collected may be described in other sections of this privacy policy or by dedicated explanation text contextually with the data collection. The personal data may be freely provided by the user, or collected automatically when using this website.
      Any use of cookies – or of other tracking tools – by the website or by the owners of third party services used by this website, unless stated otherwise, serves to identify users and remember their preferences, for the sole purpose of providing the service required by the user.
      Failure to provide certain personal data may make it impossible for this website to provide its services.
   5. The user assumes responsibility for the personal data of third parties published or shared through this website and declares to have the right to communicate or broadcast them, thus relieving the data controller of all responsibility.
   6. Method of processing
      The data controller processes the data of users in proper manner and shall take appropriate security measures to prevent unauthorized access, disclosure, modification or unauthorized destruction of the data.
      Access to the data may be available to data processors such as employees involved with the processing or to external parties providing services to the data controller, third party technical service providers, mail carriers, hosting providers, IT companies, communication agencies. The updated list of these parties may be requested from the data controller at any time.
   7. Place
      The Data is processed at the data controller headquarters, unless stated otherwise in the rest of this document.
   8. Conservation Time
      The data is kept for the time necessary to provide the service requested by the user, or stated by the purposes outlined in this document, and the user can always request the data controller for their suspension or removal.

• Detailed information on the processing of personal data
  Personal data is collected for the following purposes and using the following services:

• Cookies & tracking pixels
  We, along with many other websites, make use of so-called “Cookies” and social media tracking pixels (facebook and/or twitter). Cookies/tracking-pixels are small files that can be stored on your computer during visits to the website of our service. Both technologies are used to facilitate the use of the service and to manage your visits. They enable our systems to recognise your browser and to offer you services, such as saving your shopping basket between visits to our website. Cookies usually do not contain personal data and are solely saved on the computer you use while visiting our service. They are not stored on our systems.
  The help function available in the menu bar of the majority of web browsers will explain how you can prevent your browser from accepting new cookies, should you not wish to make use of the cookie functionality, how you tell your browser to inform you when you have received a new cookie or how to deactivate or delete received cookies. Some functions of the service may not be available if you set your browser to not accept cookies.

• Google Analytics
  This website uses Google Analytics, a web analytics service provided by Google, Inc. (“Google”). Google Analytics uses “cookies”, which are text files placed on your computer, to help the website analyze how users use the site. The information generated by the cookie about your use of the website (including your IP address) will be transmitted to and stored by Google on servers in the United States. Google will use this information for the purpose of evaluating your use of the website, compiling reports on website activity for website operators and providing other services relating to website activity and internet usage. Google may also transfer this information to third parties where required to do so by law, or where such third parties process the information on Google’s behalf. Google will not associate your IP address with any other data held by Google. You may refuse the use of cookies by selecting the appropriate settings on your browser, however please note that if you do this you may not be able to use the full functionality of this website. By using this website, you consent to the processing of data about you by Google in the manner and for the purposes set out above.

• Security
  The security of your personal information is important to us. However, no method of transmission over the Internet, or method of electronic storage, is 100% secure. Therefore, while we strive to use commercially acceptable means to protect your personal information, Jolly Roger cannot guarantee its absolute security and cannot accept any liability where the security of your personal information is compromised. The security of your personal information is important to us. When you enter sensitive information (such as credit card number) on our registration or order forms, we encrypt that information using secure socket layer technology (SSL).

§3 Photography & videography

1. The individual hereby consents to being photographed as well as recorded by selected parties, commissioned to do so by Jolly Roger, during the events or conferences as well as satellite events in association to events organized, supported or hosted by Jolly Roger.
2. The individual further acknowledges and consents, implied through the act of buying a ticket or registering for an event, that videos recorded or pictures taken of the individual, whether in groupsettings, single shots, portraits or any other kind of setting, can be published or used for commercial purposes through Jolly Roger or third parties authorized by Jolly Roger.
3. The individual hereby waives privacy and copyright protection rights, as described in § 22 KunstUrhG (German law) for the duration of the conference or event in attendance as well as satellite events or dinners hosted by Jolly Roger, and consents to publication (online, in print, for TV or online video portals, for third party marketing intentions) of pictures as well as video recordings.

§4 Conclusion of contract

1. The individual receives an offer by Jolly Roger in written form, either via email, letter or through Eventbrite. This signifies a binding offer, including a detailed description of the installments to be made by both parties. The contract is concluded upon the individual’s acceptance.
2. Any later changes aiming towards subject or size of those installments need both parties’ consent. Additional obligations are to be compensated adequately.

§5 PAYMENTS, REFUNDS & CANCELLATIONS

1. A cancellation fee of 15% of the initial ticket price is applied to all cancellations.
   1. The deadline to receive a refund for your registration is four weeks after the date of purchase.
   2. Four weeks prior to the event no bookings are refundable anymore.
   3. Cancellations received after the stated deadline (see 2.) will not be eligible for a refund.
   4. Cancellations will be accepted in writing (via e-mail, post) and must be received by the stated cancellation deadline. All refund requests must be made by the attendee or credit card holder. Refund requests must include the name of the attendee and/or transaction number. Refunds will be credited back to the original credit card used for payment.

1. If not agreed to otherwise, the individual’s financial installments are to be made up onto two weeks (14 days) after receiving the invoice.
2. In the event of default as of §286 – 3 BGB, Jolly Roger may charge an interest on account of delay up onto 9% above the base interest rates as of §288 – 2 BGB.

§6 Delivery Policy

1. Once a successful purchase transaction has been completed, tickets are delivered in electronic soft-copy via email to the email address nominated by the purchaser. For some ticket types it may be necessary to complete required information – such as attendee name – before the tickets can be issued.
2. The ticket acts as a receipt for the transaction and can be used to redeem entry at the event listed on the ticket. A printed hard-copy ticket or an electronic soft-copy ticket detailing the reference number can be used to register at the event.

§7 Transportation & accommodation

1. The individual acknowledges that Jolly Roger will not provide transport or travel expenses to or from any event or conference unless specifically declared in writing to the individual personally.
2. The individual acknowledges that Jolly Roger will not cover accommodation charges for any event or conference unless specifically declared in writing to the individual personally.

§8 Liability

1. Jolly Roger is only liable for any damages occured by intent or by wanton negligence. This excludes bodily harm as well as damages to life and health that occurred because of a violation of duty by Jolly Roger or any of its second contractors.
2. In the case of a cardinal duty violation, both parties are accountable both for intent and or wanton negligence. Cardinal duties are those that shape the contract and are the basis of trust for the contractor, those that are essential to the successful conduct of the contract. In the case of the individual those explicitly include the timely installments agreed to as well as any agreements related to events hosted, organized or supported by Jolly Roger. Jolly Roger’s duties include amongst others the access to the events and providing the means to carry out workshops and presentations in the course of events by Jolly Roger.
3. Jolly Roger is not responsible for any loss or damage as a result of a substitution, alteration, cancellation or postponement of an event. Jolly Roger shall assume no liability whatsoever in the circumstances that an event is cancelled, rescheduled or postponed due to a fortuitous event, Act of God, unforeseen occurrence or any other event that renders performance of an event impracticable, illegal or impossible. For purposes of this clause, a fortuitous event shall include, but not be limited to: war, fire, labour strike, extreme weather or other emergency. Please note that while speakers and topics are confirmed at the time of publishing, circumstances beyond the control of the organisers may necessitate substitutions, alterations or cancellations of the speakers and/or topics. As such, Jolly Roger reserves the right to alter or modify the advertised speakers and/or topics if necessary without any liability to you whatsoever. Any substitutions or alterations will be updated on our web page as soon as possible.

§9 Compliance

1. Both parties agree to good conduct, mutual respect and loyalty in good faith as of §242 BGB (German Civil Code). Both parties agree that reputation and prestige of Jolly Roger, especially Pirate Summit & EXEC-events, are especially worthy of preservation by both contractors. Those compliance duties persist even after the individual’s involvement with Jolly Roger.
2. If one of the parties violates this compliance agreement and the other party suffers from a damage because of this violation, the inflicting party is accountable as §4 – 1 of these Terms.

§10 Non-disclosure agreement

1. Both parties agree to maintain a non-disclosure policy in relation to confidential information. Confidential information shall be those not available to the public and only available to the individual because of a cooperation with Jolly Roger in relation to conferences & events.
2. This especially includes:
   1. Personal as well as economic relations of Jolly Roger as well as its contractors.
   2. Corporate secrets and business secrets.

§11 Termination of contract, withdrawal from contract

1. If there is a good reason, Jolly Roger as well as the individual may terminate the contract or withdraw from the contract. A good reason is considered as given if there is a violation of a cardinal duty present or there is a violation of the compliance agreements as in §§9,10.
2. If a party chooses to terminate the contract, they can request any damaged occurred to be made up for.

§12 Applicable law, place of jurisdiction

1. German federal law applies.
2. The place of jurisdiction is Cologne (Germany).

§13 Severability clause

If any provision in this Agreement is held invalid or unenforceable by a body of competent jurisdiction, such provision will be construed, limited or, if necessary, severed to the extent necessary to eliminate such invalidity or unenforceability. The parties agree to negotiate in good faith a valid, enforceable substitute provision that most nearly effects the parties’ original intent in entering into this Agreement or to provide an equitable adjustment in the event no such provision can be added. The other provisions of this Agreement will remain in full force and effect.

§14 Changes to this Policy

Jolly Roger reserves the right to modify these General Terms & Conditions at any time. Any changes will be posted on our homepage and other places we deem appropriate so that individuals are aware of the changes. This updated version of terms and conditions for Jolly Roger is applicable from the 12th of May, 2016.