DATAFEST 2023 FRINGE EVENT – TERMS AND CONDITIONS

By submitting an online application form (“Application”) to The Data Lab to run a fringe event as part of DataFest 2023 (“Event”), you are deemed to have authority to do so from the person, firm or company on whose behalf you are acting or purporting to act (“You” or “Your”) and You agree to be bound by the following terms and conditions (“Terms”):

All Applications are subject to review by The Data Lab’s management team who reserve the right, acting in their sole and absolute discretion, to approve or reject such Applications.
A member of staff from The Data Lab will contact You to confirm whether Your Application has been successful. The Data Lab is not obliged to disclose the reasons for its decision. If the Application is approved, the following Clauses shall apply.
The Event shall be run and organised in accordance with Your Application and at Your sole cost and expense.
You shall ensure the Event complies with all applicable rules and regulations including all applicable Covid-19 government guidance in place at the time of the Event.
You must use the DataFest 2023 branding material (“Material”) for the Event. The Data Lab will provide You with the Material and any applicable guidance on how to use the Material which must be followed. You may use Your own branding in conjunction with the Material. The Data Lab retain all rights to the Material and You shall have no rights to use the Material for any purposes other than promoting the Event.
You shall collect the following information (“Attendee Demographics”) from Event attendees in, so far as possible, an anonymised format in accordance with the guidance to be provided to You by The Data Lab:

-Gender; Work Country; Occupation; Organisation Name; Organisation Sector; Industry; How the attendee heard about the Event.

You shall provide the Attendee Demographics to The Data Lab within 2 weeks of the Event ending.
You shall comply with the data protection provisions set out in the Appendix to these Terms and Conditions.
You shall actively promote and market the Event to prospective attendees.
The Data Lab shall promote and market the Event to The Data Lab’s network, using the event title, logo and event summary provided as part of Your Application.
The Event shall be formally ticketed, even if the Event is free, through a ticketing system of Your choice.
Nothing in these Terms shall limit or exclude a party’s liability:

for death or personal injury caused by its negligence, or the negligence of its employees, agents or subcontractors; or
for fraud or fraudulent misrepresentation.

Subject to Clause 11, The Data Lab shall have no liability to You for any loss incurred in connection with the Event.
These Terms constitute the entire agreement between the parties in relation to the Event and supersede all prior negotiations, warranties, representations, statements or agreements, either written or oral.
These Terms, and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims), shall be governed by, and construed in accordance with the law of Scotland. Each party irrevocably agrees that the courts of Scotland shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with these Terms or its subject matter or formation (including non-contractual disputes or claims).

Appendix

GDPR Data Processing Terms re Collection of Attendee Demographics

Definitions

Controller, Processor, Data Subject, Personal Data, Personal Data Breach, processing and appropriate technical and organisational measures: as defined in the Data Protection Legislation.

Data Protection Legislation: all applicable data protection and privacy legislation in force from time to time in the UK including the UK GDPR; the Data Protection Act 2018 (DPA 2018) (and regulations made thereunder) and the Privacy and Electronic Communications Regulations 2003 (SI 2003/2426) as amended and all other legislation and regulatory requirements in force from time to time which apply to a party relating to the use of personal data (including, without limitation, the privacy of electronic communications); and the guidance and codes of practice issued by the Information Commissioner or other relevant regulatory authority and applicable to a party.

UK GDPR: has the meaning given to it in section 3(10) (as supplemented by section 205(4)) of the Data Protection Act 2018.

DATA PROTECTION

1.1 Both parties will comply with all applicable requirements of the Data Protection Legislation. This appendix is in addition to, and does not relieve, remove or replace, a party’s obligations or rights under the Data Protection Legislation. The parties acknowledge that for the purposes of the Data Protection Legislation, in respect of the processing of any Personal Data in connection with the collection of Attendee Demographics, The Data Lab is the Controller and You are the Processor.

1.2 Without prejudice to the generality of clause 1.1, You shall, in relation to any Personal Data processed in connection with the performance of Your obligations in relation to the Attendee Demographics:

(a) process that Personal Data only on the documented written instructions of The Data Lab unless You are required by law to otherwise process that Personal Data. Where You are relying on law as the basis for processing Personal Data, You shall promptly notify The Data Lab of this before performing the processing required by the law unless the law prohibits You from so notifying The Data Lab;

(b) ensure that You have in place appropriate technical and organisational measures, to protect against unauthorised or unlawful processing of Personal Data and against accidental loss or destruction of, or damage to, Personal Data, appropriate to the harm that might result from the unauthorised or unlawful processing or accidental loss, destruction or damage and the nature of the data to be protected, having regard to the state of technological development and the cost of implementing any measures;

(c) ensure that all personnel who have access to and/or process Personal Data are obliged to keep the Personal Data confidential;

(d) not transfer any Personal Data outside of the UK;

(e) assist The Data Lab, at The Data Lab’s cost, in responding to any request from a Data Subject and in ensuring compliance with its obligations under the Data Protection Legislation with respect to security, breach notifications, impact assessments and consultations with supervisory authorities or regulators;

(f) notify The Data Lab without undue delay on becoming aware of a Personal Data Breach;

(g) delete the Personal Data once the Attendee Demographics have been provided to The Data Lab unless required by law to store the Personal Data; and

(h) maintain complete and accurate records and information to demonstrate Your compliance with this appendix and allow for audits by The Data Lab or The Data Lab’s designated auditor and immediately inform The Data Lab if, in the opinion of You, an instruction infringes the Data Protection Legislation.

1.3 The Data Lab does not consent to You appointing any third party processor of Personal Data under these Terms.

1.4 You indemnify The Data Lab in respect of any loss incurred by it in connection with any breach of the terms of this appendix by You.

1.5 This clause sets out certain information required by the Data Protection Legislation:

(a) the subject matter, duration, purpose and nature of the Processing is as set out in these Terms;

(b) the type of Personal Data are the Attendee Demographics and the category of Data Subject shall be attendees of the Event; and