Last updated: 22 April 2025

CONTENTS

CLAUSE
1. Important information and who we are
2. The data we collect about you
3. How is your personal data collected?
4. How we use your personal data
5. Disclosures of your personal data
6. International transfers
7. Data security
8. Data retention
9. Your legal rights
10. Glossary

Introduction

Welcome to the privacy policy for Upnext Limited t/a Toon ("Toon," "we," "us," or "our"). Toon respects your privacy and is committed to protecting your personal data. This privacy policy explains how we look after your personal data when you:

• use our website-builder platform, related mobile or desktop applications, or any other online products or services that link to this policy (collectively, the "Services");
• visit our marketing website (the "Website"); or
• visit or interact with a website created with the Services (a "Site").

It also tells you about your privacy rights and how the law protects you.

This policy is provided in a layered format for ease of reference. Please read it together with any other privacy or fair-processing notice we may provide on specific occasions so that you are fully aware of how and why we use your data. This policy supplements other notices and is not intended to override them.

1. Important information and who we are

Purpose of this privacy policy

Our Services allow event promoters and other creators ("Organisers") to build and manage branded websites that promote their content, events, and other related media. Organisers may collect information from visitors and customers ("Consumers") through their Sites (for example, via contact forms, newsletter sign-ups, or in-Site purchases). Depending on the circumstances, Toon may act as a controller(when we collect data for our own purposes, e.g., to provide the platform) or as a processor (when we host data solely on an Organiser's behalf). The Glossary explains these roles in more detail.

Controller

Upnext Limited (registered in Ireland under no. 739293) is the primary controller of personal data processed in connection with the Services, except where we act only on behalf of an Organiser (see clause 5).

Contact details

Postal address: Galway Bay Golf Resort, Renville West, Oranmore, Galway, H91 T4A4, Ireland
Email: hello@toon.fm

You have the right to make a complaint at any time to the Data Protection Commission (DPC), the Irish supervisory authority for data-protection issues. We would, however, appreciate the chance to deal with your concerns before you approach the DPC, so please contact us first.

Changes to the privacy policy and your duty to inform us

We keep this policy under regular review. Historic versions are available on request. The personal data we hold about you should be accurate and current; please keep us informed of any changes during your relationship with us.

Third-party links

The Services and Sites may contain links to third-party websites, plug-ins, or applications. We do not control these third parties and are not responsible for their privacy statements. When you leave our Services, we encourage you to read the privacy policy of every site you visit.

2. The data we collect about you

"Personal data" means any information about an individual from which that person can be identified. We may collect, use, store, and transfer the following kinds of personal data:

Identity Data – first name, last name, username or similar identifier, date of birth.

Contact Data – billing address, delivery address, email address, telephone numbers.

Financial Data – payment-card details (handled securely by our payment provider and not stored by Toon) and bank information where relevant.

Transaction Data – details of payments to and from you and other details of products or Services you have purchased from us (e.g., subscription fees) or via a Site (e.g., merchandise purchases).

Technical Data – IP address, login data, browser type and version, time-zone setting and location, browser plug-in types and versions, operating system and platform, and other technology on the devices you use.

Profile Data – your username and password, Site settings, subscription plan, preferences, feedback, and survey responses.

Usage Data – information about how you use the Website, the Services, and Sites (e.g., page views, button clicks, feature usage).

Marketing and Communications Data – your preferences in receiving marketing from us or an Organiser and your communication preferences.

We do not intentionally collect any Special Categories of personal data (such as health or biometric data) nor information about criminal convictions and offences.

3. How is your personal data collected?

We use different methods to collect data, including through:

Direct interactions

You may give us Identity, Contact, and Financial Data by filling in forms or communicating with us. This includes personal data you provide when you:

• create an account or subscribe to a plan;
• configure or publish a Site;
• request marketing to be sent to you;
• enter a survey, competition, or promotion;
• contact us for support.

Organisers may also collect data directly from Consumers through forms, checkout pages, or other interactive features on Sites. Toon processes such data on the Organiser's behalf unless stated otherwise.

Automated technologies or interactions

As you interact with the Website, the Services, or Sites, we automatically collect Technical and Usage Data via cookies, server logs, and similar technologies. Please see our Cookie Policy for details.

Third-party sources

We may receive personal data about you from various third parties, including payment providers, analytics providers, social-media platforms (if you link or sign in), marketing partners, and, where you are a Consumer interacting with a Site, from the relevant Organiser.

4. How we use your personal data

We will only use your personal data when the law allows us to. Most commonly, we will use your data:

Purposes for which we will use your personal data

You can change your marketing preferences at any time by logging into your account dashboard or following the unsubscribe link in any marketing email.

5. Disclosures of your personal data

We may share your personal data with:

• Service providers who provide IT, hosting, payment processing, analytics, or customer-support services.
• Professional advisers including lawyers, bankers, auditors, and insurers.
• Regulators and other authorities who require reporting of processing activities in certain circumstances.
• Third parties to whom we may choose to sell, transfer, or merge parts of our business.

When you interact with a Site

If you are a Consumer interacting with a Site (e.g., completing a contact form, subscribing to a newsletter, or making a purchase), the Organiser will receive the data you submit and may use it according to their own privacy policy. Toon is not responsible for the Organiser's use of your data. Please review the Organiser's privacy statement before providing information.

We require all service providers to respect the security of your personal data and treat it in accordance with the law. We do not permit them to use your data for their own purposes and only allow them to process it for specified purposes and in accordance with our instructions.

6. International transfers

We do not transfer your personal data outside the European Economic Area (EEA) unless we have put in place appropriate safeguards (e.g., Standard Contractual Clauses) or you have explicitly consented. If Toon is involved in a merger, acquisition, or asset sale, personal data may be transferred to the acquiring entity outside the EEA provided that the parties have executed EU Standard Contractual Clauses or another lawful transfer mechanism.

7. Data security

We have implemented appropriate security measures to prevent your personal data from being accidentally lost, used, or accessed in an unauthorised way, altered, or disclosed. We limit access to your personal data to employees, agents, contractors, and other third parties who have a business need to know and are subject to confidentiality obligations. We have procedures to deal with any suspected personal-data breach and will notify you and any applicable regulator where we are legally required to do so.

8. Data retention

We will only retain your personal data for as long as reasonably necessary to fulfil the purposes we collected it for, including for the purposes of satisfying any legal, regulatory, tax, accounting, or reporting requirements. To determine the appropriate retention period, we consider the amount, nature, and sensitivity of the data, potential risk of harm from unauthorized use or disclosure, the purposes of processing, and whether we can achieve those purposes through other means.

9. Your legal rights

Under certain circumstances, you have rights under data-protection laws in relation to your personal data, including rights to:

• Request access, correction, or erasure;
• Object to processing or request restriction;
• Request transfer of your data; and
• Withdraw consent at any time where we rely on consent.

If you wish to exercise any of these rights, please contact us. You will not have to pay a fee unless your request is unfounded, repetitive, or excessive.

10. Glossary

Controller – Toon acts as a controller when we determine the purpose and means of processing personal data (e.g., user-account information). We act as a processor when we process personal data solely on behalf of an Organiser.

Consumer – an individual who visits, interacts with, or purchases from a Site.

Organiser – a customer who uses the Services to create, publish, and manage a Site.

Legitimate Interest – the interest of our business in conducting and managing our Services to give you the best experience while respecting your rights.

Performance of Contract – processing your data where it is necessary for the performance of a contract with you or to take steps at your request before entering into such a contract.

Comply with a Legal Obligation – processing your personal data where necessary for compliance with a legal obligation.

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