DATA PROTECTION ADDENDUM

 

Last Update: July 22nd, 2024

 

This Data Protection Addendum is between Azerion and you, the Seller, each a “Party” and collectively the “Parties” as specified under the Terms. By creating or using an account within the Platform, you agree with all the provisions of this Addendum.

 

WHEREAS:

 

A/ Azerion and Seller shall be separate data controllers with respect to the processing of personal data they perform with respect to the services as provided for under Terms. In relation to the foregoing, each Party undertakes to comply with the applicable personal data protection legislation as well as any special law concerning the regime of information it processes within its activities.

 

B/ With regards the data processing operations through which Azerion provides Azerion Pixel to Publisher under the Terms. Whenever Azerion provides Azerion Pixel, Parties agree to undertake the Data Processing Agreement available under Annex 2a.

 

C/ Parties agree that with respect to the service subject to the Terms and through which Platform may place SDKs or Tags on Properties or/and provide, Seller with SDKs or Tags to place on Properties, in order to enable Partners to collect information, place cookies or other tracking technologies on the devices (terminal equipment) of users of Properties for the purposes of, including but not limited to, optimizing and serving Ads based on users’ interests and/or past website visits and for the purposes of monitoring the ad impressions and other information.

 

IT IS AGREED AS FOLLOWS:

 

1. Definitions

 

Addendum: means this Data Protection Addendum;

 

Controller: the entity which, alone or jointly with others, determines the purposes and means of the Processing of Personal Data

 

Data Breach: a breach of security leading to the accidental or unlawful destruction, loss, alteration, unauthorized disclosure of, or access to, Personal Data transmitted, stored or otherwise Processed;

 

Data Subject: an identified or identifiable natural person; an identifiable natural person is  one who can be identified, directly or indirectly, in particular by reference an identifier such as a name, an identification number, location data, an online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person;

 

EU Data Protection Law: means applicable legislation protecting the Personal Data of Data Subjects, including in particular the GDPR and the Dutch

 

General Data Protection Regulation (Implementation) Act, national laws implementing the Directive on Privacy and Electronic Communications (2002/58/EC) and/or any applicable local law, together with binding guidance and codes of practice issued from time to time by relevant Supervisory Authorities;

 

GDPR

 

 

 

 

 Regulation (EU) 2016/679 of the European Parliament and of 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;
Personal Data        

any information relating to a Data Subject;

 
Processing  

any operation or set of operations which is performed on Personal Data or on sets of Personal Data, whether or not by automated means, such as collection, recording,

organization, structuring, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, restriction, erasure or destruction. References in this Agreement to ‘Process’ and ‘Processed’ shall be construed accordingly;

 
Partners Demand partners, advertisers/direct advertisers, adnetworks and ad-servers and any other parties including Azerion affiliates purchasing Ad Inventory or placing Ads on Properties.

 

2. Transparency and Legal Basis

 

2.1. Seller acknowledges that (i) Azerion or Partners may collect personal data concerning the users of Properties by placing cookies or other tracking technologies; (ii) this information may be collected directly by Azerion or Partners, (iii) Platform neither controls, collects, stores or processes anyhow such personal data concerning the users of Properties that are collected by Partners by their technology, nor has Platform access to this information.

 

2.2. Seller acknowledges that Partners have published in their privacy policies information about what personal data concerning the users of Properties are being collected, stored or otherwise processed by them by collecting web viewing data, placing cookies or other tracking technologies to optimize and serve Ads based on users’ interests and/or past website visits and to monitor ad impressions and other information.

 

2.3. Seller acknowledges that it is solely Seller’s responsibility as owner of Properties to:

 

(i) inform users of Properties that their personal data may be collected and processed by Azerion and Partners by means of cookies or other tracking technologies, including to inform the users to what extend their personal data may be processed and what their rights with respect to such processing are. Publisher shall be obliged to provide the necessary information to the users in an appropriate, clear, transparent and compliant to the applicable data protection legislation manner by publishing all the relevant information on Properties, including by placing links to the privacy policies of Azerion and Partners who may/ will process personal data concerning users of Properties to optimize and serve Ads based on users’ interests and/or past website visits and to monitor ad impressions and other information;

 

(ii) obtain valid prior consent to the processing of their personal data, and to comply with the right of the users to withdraw such consent at any time, as required by the applicable data protection legislation; and

 

(iii) promptly provide Azerion with the evidence of consent obtained under this clause at Azerion’s first request.

 

3. Data Subject Requests

 

Parties shall duly assist each other with the requests they receive from Data Subjects under applicable data protection regulations including EU Data Protection Law.

 

4. Contact Points

Seller shall submit the notifications due under this Addendum to the email address dpo@azerion.com. Seller shall promptly provide Azerion with the email address where it prefers Azerion to submit its notifications under this Addendum. In case Seller doesn’t provide any address, Azerion shall not be expected to make any notification, nor it shall be responsible any indirect or direct damages caused by such absence of notification.

 

5. Liability

The limitations of liability in the Terms shall apply in all cases.

 

6. Miscellaneous

6.1. No amendment or modification of any provision of this Appendix 1 shall be effective unless in writing and signed by duly authorized representatives of the Parties.

6.2. In case of a conflict between the clauses of this Addendum and the Terms, the clauses of this Addendum shall prevail.

6.3. This Addendum shall expire simultaneously with the Terms.

6.4. This Addendum is governed by the laws of the Netherlands. Any disputes arising out of or in connection with this Addendum shall be brought exclusively before the competent court of Amsterdam, without prejudice to the possibilities of appeal.