Gate Terms

Gate is Fotia's module for managing organisations, guest lists, promoters (PRs), staff, QR code invitations and the recording of entries to an event. In case of conflict with the General Terms, these Terms prevail for Gate.

Gate is reserved for those who organise events in the course of a professional, business or association activity (the "Customer"). By creating an organisation, the owner declares that they are acting for purposes related to that activity, in their own name or on behalf of the entity that organises the events, and that they have the power to bind it. Consumer protection rules do not apply to this relationship.

PRs and staff access Gate on the Customer's invitation and on its behalf: the General Terms and the Customer's instructions apply to them.

Gate is a management tool for the internal organisation of guest lists, PRs, staff and entries. Gate:

• is not a ticketing system and is not a certified issuing system under the tax rules on shows and entertainment;
• does not issue access titles, tickets, passes, receipts or other tax documents, and does not transmit data to the Italian Revenue Agency, SIAE or other authorities;
• does not sell entries and does not receive, hold or transfer payments: any amount owed by guests is collected directly by the Customer, with its own means;
• the invitation QR code is an accreditation to the Customer's list, used to recognise the guest at the door. It is not an access title and does not replace the title the Customer is required to issue.

The Customer is solely responsible for all obligations connected with its events, including, by way of example:

• issuing access titles, including free or complimentary ones, through certified issuing systems where the law requires it;
• certifying takings, VAT and entertainment tax obligations, and dealings with SIAE;
• licences, public safety authorisations, venue certification and compliance with the venue's authorised capacity;
• employment or collaboration relationships with PRs and staff, and the related tax and social security obligations.

Using Gate does not replace, supplement or simplify any of these obligations. The Customer does not use Gate to evade them.

The Customer can set a price per list type and a commission per entry for PRs. From these data Gate calculates values such as "list revenue" (recorded paying entries × configured price) and PR commissions (recorded paying entries × configured commission).

These values are management estimates built on the data entered by the Customer and its PRs and staff. They are not takings, accounting records, invoices or tax data, and may differ from the amounts actually collected or owed. Fotia does not check whether these values match the payments received by the Customer or the access titles it has issued.

Fotia only provides the calculation tool: it is not a party to the financial relationships between the Customer and its PRs, does not pay commissions and is not liable for their amount.

• Capacities, list limits, list types allowed to PRs and complimentary entries are configured by the Customer; Fotia merely applies them technically. Gate's limits do not replace control of the venue's authorised capacity, which remains the Customer's responsibility.
• Invitation QR codes are based on random, unpredictable identifiers; the public invitation page shows only the guest's name, the event and the list, is not indexable and stops working 24 hours after the event ends.
• Once recorded, an entry cannot be changed or deleted individually: this keeps management counts consistent over time. Gate's entry log is an internal tool of the Customer and does not replace registers or documents required by law.

The Customer is the data controller of the data entered in Gate (listed guests, plus-ones, phone numbers, notes, entries), including when they are physically entered by its PRs or staff. The Customer guarantees that it has a legal basis to collect such data and has informed the data subjects.

The Customer does not enter special categories of data (for example health data) or data not needed to manage entries.

For the data referred to in Article 7, Fotia acts as data processor on behalf of the Customer. This Article constitutes the agreement required by Art. 28 GDPR:

• Subject matter and duration: providing Gate, for as long as the service is used and until the data are deleted as set out in the Privacy Policy.
• Nature and purpose: storing, organising, consulting and deleting the data, solely to provide Gate.
• Data and data subjects: identification and contact data of listed guests and their plus-ones, entry data; PR and staff data needed for their role.
• Instructions: Fotia processes the data only on the Customer's documented instructions, which consist of using Gate's features, unless required by law.
• Confidentiality and security: anyone processing data for Fotia is bound by confidentiality; Fotia adopts appropriate technical and organisational measures (role-based access control, encryption in transit, immutable logs, infrastructure mainly in the EU).
• Sub-processors: the Customer gives general authorisation for the infrastructure providers listed in the Privacy Policy. Fotia announces changes, and the Customer can object by ceasing to use the service.
• Assistance: Fotia assists the Customer in responding to data subject requests and with security obligations, and notifies it without undue delay of personal data breaches it becomes aware of.
• End of processing: on termination Fotia deletes the data within the times in the Privacy Policy, unless retention is required by law, and makes available the information needed to demonstrate compliance with this Article.

PRs and staff act on behalf of the Customer, which invites them, sets their permissions and is responsible for their actions in Gate. Fotia has no employment, collaboration or agency relationship with PRs and staff and is not a party to the financial arrangements between them and the Customer.

Gate runs over the internet and depends on connectivity, devices and third-party providers. Fotia does not guarantee that the service will be available without interruption during an event.

The Customer puts in place alternative procedures to manage entries if Gate is unavailable (for example an exported or paper list) and does not rely on Gate as the sole tool for controlling the venue's safety or capacity.

Without prejudice to the General Terms, Fotia is not liable to the Customer for:

• penalties, taxes, interest or other charges arising from failure to fulfil, or incorrect fulfilment of, the obligations listed in Article 4;
• differences between Gate's management values (list revenue, commissions, counts) and actual amounts;
• loss of profit, loss of customers or indirect damage, including due to service interruptions during an event.

In any case, Fotia's total liability to the Customer is limited to the amount the Customer paid for Gate in the twelve months before the event giving rise to it, or 100 euros if the service was free. These limitations do not apply in case of wilful misconduct or gross negligence by Fotia (Art. 1229 of the Italian Civil Code).

The Customer holds Fotia harmless from any claim, penalty, charge or expense, including legal fees, arising from: breach of the obligations in Articles 4, 7 and 9; use of Gate in place of systems or obligations required by law; the relationships between the Customer, its PRs, its staff and its guests.

Fotia may suspend an organisation's access to Gate, notifying the owner, if it has reasonable grounds to believe that the service is being used in breach of these Terms or the law, or at the request of an authority.

These Terms are governed by Italian law. Any dispute relating to Gate falls under the exclusive jurisdiction of the courts of the place where the service provider is established.

Under Articles 1341 and 1342 of the Italian Civil Code, the Customer specifically approves the following clauses: 2 (the Customer is a professional), 3 (nature of the service: Gate is not a box office), 4 (the Customer's tax, SIAE and administrative obligations), 5 (prices, list revenue and commissions as management data), 10 (service continuity and fallback procedures), 11 (limitation of liability), 12 (indemnity), 13 (suspension), 14 (exclusive jurisdiction).

Approval is given through a separate statement when the organisation is created, or on the first access after these clauses change. Fotia keeps the date, version and author of each approval.