This Data Processing Agreement ( DPA) is between Partner and Advertizus (as defined under the Terms and Conditions) and forms an integral part of Terms and Conditions available at https://www.Advertizus.com / . Partner and Advertizus are hereinafter jointly referred to as the “Parties”. In the event of any conflict between this DPA and the Terms and Conditions, the terms of this DPA shall prevail. This Agreement only applies to the extent that the EU Data Protection Law applies to the Processing of Personal Data under this Agreement, including if (a) the Processing is carried out in the context of the activities of an establishment of either Party in the European Economic Area (“EEA”), and/or (b) the Personal Data relates to Data Subjects who are in the EEA and the Processing relates to the offering to them of goods or services or the monitoring of their behavior in the EEA.
- DEFINITIONS: “Controller” or “Data Controller” means the entity that determines the purposes and means of the Processing of Personal Data.“Processor” or “Data Processor” means the entity which Processes Personal Data on behalf of the Data Controller.“Data Subject” means the individual to whom Personal Data relates, including End Users.“End User” means the end user of an internet connected device, such as a visitor to a web page, a user of a mobile app, or a user of an IoT device, or a visitor on advertisement or campaign webpage.“GDPR” means Regulation (EU) 2016/679 of the European Parliament and the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (also known as “General Data Protection Regulation”).“Personal Data” means any information relating to an identified or identifiable person as defined in Article 4.1 of the GDPR.“Processing” means any operation or set of operations which is performed upon Personal Data, whether or not by automatic means, such as collection, recording, organization, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, blocking, erasure or destruction (“Process”, “Processes” and “Processed” shall have the same meaning).“Sub-Processor” means any Data Processor engaged by the Processor.“Services” means services provided by the Yeesshh in accordance with the general legal terms mentioned above.
- PROCESSING OF PERSONAL DATA: Under this DPA and with respect to Personal Data, Partner is the Data Controller or Processor and Advertizus is engaged by Partner as Processor in respect to Personal Data, as applicable. The terms of this Agreement shall apply to either of the relations between the Parties regarding the Processing of Personal Data mentioned herein.Within the scope of this DPA, Partner hereby engages Advertizus to collect, process and/or use Personal Data on Partner’s behalf.Advertizus will only Process Personal Data on Partnerr behalf and in accordance with Partner instructions. The instructions from the Partner to Process Personal Data are the following: (i) Processing shall be carried out in accordance with this DPA, the Terms and Conditions and pursuant to the features and limitations of the applicable Services which Advertizus provides to Partner; and (ii) Processing shall be carried out in compliance with other reasonable instructions provided by the Partner, where such instructions are consistent with the Terms and Conditions. Advertizus will be under no obligation to comply with instructions that Advertizus deems as violating applicable laws.Advertizus uses the Personal Data solely to provide the Services in accordance with Terms & Conditions, i.e. in order to perform tracking services / serve End Users with interest–based advertising, as well as to measure the effectiveness of advertising campaigns and provide Partner with advertising reports. In that context, Advertizus – on Partnerr demand – may also combine Personal Data from different sources in order to improve Services and integrate Services with external platforms, all of which will be conducted on Partnerr behalf. Advertizus also processes Personal Data on Partnerr behalf and to serve Partnerr interests for the purposes of fraud prevention, bot detection, rating, analytics, viewability, ad security services. Advertizus may also process data based on the extracts of Personal Data in aggregated and non-identifiable forms, including for the purposes of testing, development, control and operation of the Services.Advertizus may process the following information on Partnerr behalf: IP addresses, language information, session-based browsing behavior, header information, End User’s device-related data (such as the type or model of the device), operating system, wireless carrier providing communication services to such device, geographical location (geo-location) of the device, cookies, advertising identifiers of the device, as well as other information we may receive from Partner or from third parties engaged by the Advertizus on Partnerr behalf, such as non-precise device location based on the IP address, device specifications and user’s interest’s information. Partner also authorizes Advertizus to store and use cookies or pixel tags on End User’s device on behalf of the Partner in order to perform Services.Without derogating from any of the obligations of the Partner hereunder, the Partner shall not provide Advertizus with any data a) which by itself identifies an individual, such as name, address, phone number, email address; and b) regarding children, or any special categories of personal data, as defined under Article 9 of the GDPR, except as may otherwise be expressly agreed in writing between the Parties and in accordance with the applicable law. This type of data is not necessary to use the Advertizus’ Services.Partner is responsible for ensuring their own compliance with various laws and regulations, including the GDPR. To the extent required under the applicable law, Partner shall provide an appropriate notice to Data Subjects about the Processing of their Personal Data in connection with the use of Services under this DPA and under the legal terms, and Partner shall receive and document the Data Subjects’ consent thereof to the extent required under the applicable law.To the extent required under the applicable law, Partner must also use commercially reasonable efforts to ensure that the End User is provided with clear and comprehensive information about cookies or other information on the End User’s device in connection with the use of Services by the Partner and, if applicable, consents to their storing and accessing. To the extent required under the applicable law, Partner shall inform the End User about third party cookies (or other tracking technologies) which may be placed on Partner’s site(s), specifying the purpose of these cookies (e.g., targeted advertising) and the type of data collected on the Partner’s site(s). Partner shall also inform End Users of options to deactivate Advertizus’s cookies by including in its privacy policy a link to the Advertizus’s legal terms and when legally compulsory, appropriate notice, consent and choice mechanisms that comply with relevant laws and regulations, including GDPR.Partner acknowledge and agree that Partner retain sole responsibility for the lawfulness of the Processing and warrant to the Advertizus that Partner are legally allowed to engage the Advertizus to process Personal Data on Partnerr behalf, have provided all necessary notices and obtained all required consents from the Data Subjects (if apply) for the purposes of the Processing described in this DPA.
- RIGHTS OF DATA SUBJECTS: Advertizus shall notify Partner via e-mail if he receives a request from a Data Subject in the subject of access to, correction, amendment, deletion of or objection to the processing of that Data Subject’s Personal Data. Advertizus shall not respond to any such Data Subject request without Partner’s prior written consent, except in order to confirm that the request relates to the Partner.To the extent that Partner responds to any such Data Subject request, Advertizus shall provide Partner, to the extent required by law, with commercially reasonable cooperation and assistance in relation to handling of a Data Subject’s request, to the extent legally permitted.Advertizus reserves the right to charge additional fees in relation to the cooperation with the Partner in regard to this DPA.Advertizus’s staff: Advertizus shall ensure that its personnel engaged in the Processing of Personal Data is informed of the confidential nature of the Personal Data, has received appropriate training on their responsibilities and is subject to obligations of confidentiality. Such obligations shall survive the termination of that individual’s engagement with the Advertizus.Advertizus shall ensure that access to Personal Data is limited only to those members of personnel who require that access in order to fulfil Advertizus obligations under the Terms and Conditions.
- SECURITY: Pursuant to Article 28, Section 3(c) of the General Data Protection Regulation, the Advertizus shall take the measures required by the Article 32 of the GDPR.Advertizus shall provide sufficient guarantees of implementation of the appropriate technical and organizational measures in a manner that the processing will meet the requirements of the GDPR and ensure the protection of the rights of the Data Subject.Advertizus imposes appropriate contractual obligations upon its personnel that engages in the Processing of Personal Data, including relevant obligations regarding confidentiality, data protection and data security. Advertizus ensures that its applicable personnel has been properly informed of the confidential nature of the Personal Data, has received appropriate training and has executed written confidentiality agreements. Advertizus will further ensure that such confidentiality agreements will survive the termination of employment or another form of engagement of its personnel.
- AUDIT RIGHTTo the extent that the applicable law requires Partner to be in a position to monitor the adequate Processing of Personal Data, Partner as the Partner have the right to request an audit from Advertizus to the extent necessary to review whether Advertizus and our Sub-Processors are compliant with the following regulations: (i) any provisions of the Law, (ii) the terms of this DPA, and (iii) Partner’s instructions.Advertizus may provide Partner with a copy of its most recent third-party audits or certifications issued by an independent, third-party auditor, as applicable, or any summaries thereof in order to fulfil Partnerr audit rights. If an audit is required by law and where its requirements cannot be fulfilled by the provision of such certification, Partner may conduct, either by Partnerrself or through a third party independent contractor selected by Partner at Partnerr expense, an on-site audit of the Advertizus. Such audit may be conducted subject to the following terms: (i) the audit will be pre-scheduled in writing with Advertizus at least 30 days in advance and will be performed once a year at most; (ii) if applicable, all of Partners personnel performing the audit, whether employed or contracted by Partner, will execute a Advertizus standard non-disclosure agreement prior to the initiation of the audit, and a third party auditor will in addition execute a non-competition undertaking; (iii) Partner will undertake all necessary measures to ensure and verify that the auditors do not access, disclose or compromise the confidentiality and security of Personal Data other than Partnerr Personal Data on Advertizus’s information and network systems; (iv) Partner will take all necessary measures to prevent any damage or interference with Advertizus or its service providers’ information and network systems; (v) Partner will bear all costs and assume responsibility and liability for the audit and for any failures or damage caused as a result thereof; and (vi) any audit activities on Advertizus third-party service providers’ information systems will be pre-scheduled and agreed on with the applicable providers; (vii) Partner will keep the audit results in strict confidentiality, use them solely for the specific purposes of the audit under this Section 6 and the GDPR will not use the results for any other purpose, or share them with any third party, without the Advertizus’s prior explicit written confirmation; (viii) If Partner are required to disclose the audit results to a competent authority, Partner will provide the Advertizus with a prior written notice, explaining the details and necessity of the disclosure, as well as provide all further necessary assistance to prevent such disclosure.
- SECURITY BREACH MANAGEMENT AND NOTIFICATIONIf Advertizus becomes aware of any accidental or unlawful destruction, loss, alteration, unauthorized disclosure of or access to any Personal Data transmitted, stored, or otherwise Processed on Advertizus equipment or in Advertizus facilities (“Security Breach”), Advertizus will promptly: (i) notify the Partner of the Security Breach; (ii) investigate the Security Breach and provide Partner with all relevant information about the Security Breach; and (iii) take all commercially reasonable steps to mitigate the effects and minimize any damage resulting from the Security Breach.
- SUBPROCESSING AND TRANSBORDER DATA TRANSFERSPartner authorizes Advertizus to appoint Sub-Processors in order to provide the Services. Advertizus may continue to use the Sub-Processors already engaged by the Advertizus according to this DPA.Advertizus may integrate the Partner’s services with external service providers’ platforms for the purpose of providing its Services, on Partner’s behalf and for the purposes of serving the Partner’s interests, where such external service providers may be Sub-Processors, which Partner hereby agrees to. A full list of such Sub-Processors is available upon the Partner’s written request directed to the Advertizus. Notwithstanding the provisions above, Partner hereby authorize Advertizus to subcontract the Processing to the Sub-Processors based outside of the European Economic Area (EEA) to the extent necessary to duly perform the Service(s), under the condition that the Sub-Processors will provide sufficient guarantees in relation to the required level of data protection, e.g. through a Privacy Shield certification according to the EU Commission Decision 2016/1250, or a subcontracting agreement based on the standard contractual clauses launched by virtue of the EU Commission Decision on standard contractual clauses for the transfer of personal data to processors established in third countries under Directive 95/46/EC or GDPR (the “Model Contract Clauses”), or based on other applicable transborder data transfer mechanisms.
- OTHERSTerm: This Agreement shall become effective as of May 25, 2018. Partner authorizes Advertizus to retain Personal Data for a period of 3 months from the date of its collection on Partner’s behalf and for the purpose of serving its interests, including for fraud prevention, ad security services, reporting services, complaints or chargebacks handling. This data may be deleted from Advertizus servers after this retention period and/or after the termination of Agreement or earlier, at Partner written request.Notices: If Partner wish to make any inquiries about this Agreement, please contact support@Advertizus.com. Liability: Partner shall indemnify and hold Advertizus, its officers, directors, employees, contractors, and agents harmless from and against all claims, liabilities, administrative fines, suits, judgments, actions, investigations, settlements, penalties, fines, damages and losses, demands, costs, expenses, and fees including reasonable attorneys’ fees and expenses, arising out of or in connection with any claims, demands, investigations, proceedings, or actions brought by data subjects, legal persons (e.g., corporations and organizations), or supervisory authorities under the data protection laws that apply to Advertizus in respect of processing of Personal Data on behalf of Partner through Services.The liability of each party under this Agreement shall be subject to the exclusions and limitations of liability set out in the legal terms.Governing law:This Agreement shall be governed by, and is construed in accordance with, the laws of Hong Kong, without giving any effect to any choice of law and provisions thereof that would cause the application of the laws of any other jurisdiction.