Terms and conditions of services rendering by providers owning the technological platforms
TERMS AND CONDITIONS OF SERVICE PROVISION
BY PROVIDERS OWNING TECHNOLOGY PLATFORMS
1. TERMS AND DEFINITIONS
1.1 "Terms and Conditions" shall mean this document posted at /adv/doc/dmp, which shall form an integral part of the Agreement.
1.2. "Offer" shall mean an offer of the Company to conclude a services agreement between the Company and the Provider on the terms specified in the Offer posted at /help/dmp/offer/en.
1.3. "Agreement" shall mean an agreement concluded on the terms of the Offer and these Terms and Conditions between the Parties at the time of acceptance of the Offer by the Provider.
1.4. "Company" shall mean LLC VK (OGRN [Primary State Registration Number] 1027739850962), 39/79 Leningradsky Ave, Moscow, 125167, Russian Federation.
1.4. "Provider" shall mean a legal entity or individual entrepreneur, who has entered into the Agreement by accepting the Offer.
1.5. "Parties" shall mean the Company and the Provider.
1.6. "myTarget System (Company's System)" shall mean an advertising management system, which is a set of software and hardware, designed, inter alia, to provide the ability to place and manage the placement of Advertising Materials. The myTarget System ensures that the Parties fulfill their mutual obligations under the Agreement and contains all the information necessary for interaction between the Parties, including Statistics.
1.7. "Account" shall mean the Provider's account in the myTarget System, which is a means of providing information about the mutual obligations of the Parties and allowing the Provider to get access to the Statistics data in real time. The Account shall be accessed by the Provider by entering the login and password independently set by the Provider during registration through the user interface of the myTarget System.
1.8. "Placement Services" shall mean the Company's advertising services provided to the Advertiser through the Company's System.
1.9. "Advertiser" shall mean a person. who has entered into an agreement with the Company on the placement of advertising materials through the Company's System, who has passed the registration procedure in the Company's System and gained access to the Personal Account, in order to independently place its own advertising materials.
1.10. "Advertising Material" shall mean advertising and information material, in the format of a text block, text and graphic or graphic banner, static (with a fixed image), animated or video material containing advertising information and a hyperlink provided by the Advertiser through the myTarget System for placement using the Provider's Data on the Partner Platforms.
1.11. "User" shall mean any person, who is a visitor to websites, mobile sites and mobile applications.
1.12. "Services" shall mean a set of technical services provided by the Provider to the Company through the myTarget System for additional on-site setting up the placement of Advertising Materials by providing the Provider's Data.
1.13. "Provider's Data" shall mean data on the interests of Internet Users, which can be grouped into user lists and segments, access to which the Provider provides to the Company in the manner prescribed hereby.
1.14. "Advertiser" shall mean a person, who has entered into an agreement with the Company on the placement of Advertising Materials through the myTarget System.
1.15. "Statistics" shall mean data on volumes, parameters, the amount of the Provider's remuneration, as well as other data generated by the myTarget System in relation to the Provider's Services.
1.16. "Reporting Period" shall mean one (1) month. At the same time, the first Reporting Period shall be equal to the time period from the moment of signing this Agreement until the expiration of the first full calendar month. In the event of termination hereof for any reason, the last Reporting Period shall be equal to the period from the end of the last full calendar month until the termination of the Agreement.
Other terms, which are not defined in this section, shall be interpreted in accordance with the customs of business turnover, as well as in accordance with the applicable laws of the Russian Federation.
2. TERMS AND CONDITIONS OF SERVICE PROVISION
2.1. The Provider shall have the right to start providing the Services only after performing the following actions:
2.1.1. registration of the Provider in the myTarget System, while the Provider is assigned a unique ID;
2.1.2. Provider's indication of authentic and legally binding data, including its full details, in the form available in the Account; at the same time, the Company may request, and the Provider shall provide, documents confirming the authenticity of the data on the Provider specified in the Account, including the data left by it during registration;
2.1.3. confirmation by the Company of the beginning of the provision of Services by the Provider through the myTarget System or by e-mail.
2.2. The conditions for the provision of the Services shall be determined by the Company through the myTarget System in real time using the software and hardware of the myTarget System. At the same time, the Parties specifically agreed that the Parties shall consider the interaction defined by this clause equal to written form, and the results of such interaction shall be recorded in the Account.
2.3. The Company shall provide the Provider with access to the Account in order to control the provision of the Services and review the Statistics.
2.4. The Provider shall:
2.4.1 Upload the Provider's Data through the myTarget System no later than one day after the date of creation (change, update), and make commercially reasonable efforts to ensure security when uploading the Provider's Data, preventing access by third parties, or disclosing the Provider's Data to third parties.
2.4.2 Ensure proper technological interaction between the Server and the myTarget System, ensuring uninterrupted transmission of the Provider's Data to the Company.
2.4.3 Ensure the completeness, accuracy and relevance of the Provider's Data, as well as their functional suitability for use by the Company in the manner prescribed hereby. Upon a reasoned request from the Company and within the time frame agreed by the Parties, the Provider shall eliminate errors and/or deficiencies in the Provider's Data within a reasonable time.
2.4.4. Not include in the Provider's Data any information, data and/or materials that violate the rights of Users and/or third parties, or contain malicious and/or spyware codes. The Provider agrees to be fully responsible for compliance with the requirements of applicable law and the rights of third parties (including, but not limited to, personal data and intellectual property laws), and indemnify the Company, its subcontractors, employees, partners and/or counterparties from any claims from third parties (including Users, Advertisers and authorized government bodies) in relation to the Provider's Data.
2.4.5. Provide information on requests by the Company or Advertisers within 24 hours from their receipt by the Provider.
2.5. The Provider may:
2.5.1. Receive from the Company the Remuneration for the Services rendered;
2.5.2. Access the Account in the myTarget System using the login and password.
2.5.3. Provide similar services to third parties (including providing access to identical Provider's Data) to third parties unless otherwise agreed by the Parties additionally.
2.6. The Company shall:
2.6.1. Provide the Provider with access to the Company's System through the Account;
2.6.2. Provide the Provider with access to Statistics data by recording such information in the Provider's Account;
2.6.3. Make timely payment for the Services under the Agreement in full in accordance with the terms of this Agreement.
2.7. The Company may:
2.7.1. Suspend/terminate the fulfillment of obligations under the Agreement or partially or completely refuse to accept improperly rendered services in case of violation the Provider's warranties and obligations hereunder;
2.7.2. Make changes to the algorithm of the Company's System functioning at any time at its discretion;
2.7.3. Engage the third parties to fulfill its obligations hereunder.
BY PROVIDERS OWNING TECHNOLOGY PLATFORMS
1. TERMS AND DEFINITIONS
1.1 "Terms and Conditions" shall mean this document posted at /adv/doc/dmp, which shall form an integral part of the Agreement.
1.2. "Offer" shall mean an offer of the Company to conclude a services agreement between the Company and the Provider on the terms specified in the Offer posted at /help/dmp/offer/en.
1.3. "Agreement" shall mean an agreement concluded on the terms of the Offer and these Terms and Conditions between the Parties at the time of acceptance of the Offer by the Provider.
1.4. "Company" shall mean LLC VK (OGRN [Primary State Registration Number] 1027739850962), 39/79 Leningradsky Ave, Moscow, 125167, Russian Federation.
1.4. "Provider" shall mean a legal entity or individual entrepreneur, who has entered into the Agreement by accepting the Offer.
1.5. "Parties" shall mean the Company and the Provider.
1.6. "myTarget System (Company's System)" shall mean an advertising management system, which is a set of software and hardware, designed, inter alia, to provide the ability to place and manage the placement of Advertising Materials. The myTarget System ensures that the Parties fulfill their mutual obligations under the Agreement and contains all the information necessary for interaction between the Parties, including Statistics.
1.7. "Account" shall mean the Provider's account in the myTarget System, which is a means of providing information about the mutual obligations of the Parties and allowing the Provider to get access to the Statistics data in real time. The Account shall be accessed by the Provider by entering the login and password independently set by the Provider during registration through the user interface of the myTarget System.
1.8. "Placement Services" shall mean the Company's advertising services provided to the Advertiser through the Company's System.
1.9. "Advertiser" shall mean a person. who has entered into an agreement with the Company on the placement of advertising materials through the Company's System, who has passed the registration procedure in the Company's System and gained access to the Personal Account, in order to independently place its own advertising materials.
1.10. "Advertising Material" shall mean advertising and information material, in the format of a text block, text and graphic or graphic banner, static (with a fixed image), animated or video material containing advertising information and a hyperlink provided by the Advertiser through the myTarget System for placement using the Provider's Data on the Partner Platforms.
1.11. "User" shall mean any person, who is a visitor to websites, mobile sites and mobile applications.
1.12. "Services" shall mean a set of technical services provided by the Provider to the Company through the myTarget System for additional on-site setting up the placement of Advertising Materials by providing the Provider's Data.
1.13. "Provider's Data" shall mean data on the interests of Internet Users, which can be grouped into user lists and segments, access to which the Provider provides to the Company in the manner prescribed hereby.
1.14. "Advertiser" shall mean a person, who has entered into an agreement with the Company on the placement of Advertising Materials through the myTarget System.
1.15. "Statistics" shall mean data on volumes, parameters, the amount of the Provider's remuneration, as well as other data generated by the myTarget System in relation to the Provider's Services.
1.16. "Reporting Period" shall mean one (1) month. At the same time, the first Reporting Period shall be equal to the time period from the moment of signing this Agreement until the expiration of the first full calendar month. In the event of termination hereof for any reason, the last Reporting Period shall be equal to the period from the end of the last full calendar month until the termination of the Agreement.
Other terms, which are not defined in this section, shall be interpreted in accordance with the customs of business turnover, as well as in accordance with the applicable laws of the Russian Federation.
2. TERMS AND CONDITIONS OF SERVICE PROVISION
2.1. The Provider shall have the right to start providing the Services only after performing the following actions:
2.1.1. registration of the Provider in the myTarget System, while the Provider is assigned a unique ID;
2.1.2. Provider's indication of authentic and legally binding data, including its full details, in the form available in the Account; at the same time, the Company may request, and the Provider shall provide, documents confirming the authenticity of the data on the Provider specified in the Account, including the data left by it during registration;
2.1.3. confirmation by the Company of the beginning of the provision of Services by the Provider through the myTarget System or by e-mail.
2.2. The conditions for the provision of the Services shall be determined by the Company through the myTarget System in real time using the software and hardware of the myTarget System. At the same time, the Parties specifically agreed that the Parties shall consider the interaction defined by this clause equal to written form, and the results of such interaction shall be recorded in the Account.
2.3. The Company shall provide the Provider with access to the Account in order to control the provision of the Services and review the Statistics.
2.4. The Provider shall:
2.4.1 Upload the Provider's Data through the myTarget System no later than one day after the date of creation (change, update), and make commercially reasonable efforts to ensure security when uploading the Provider's Data, preventing access by third parties, or disclosing the Provider's Data to third parties.
2.4.2 Ensure proper technological interaction between the Server and the myTarget System, ensuring uninterrupted transmission of the Provider's Data to the Company.
2.4.3 Ensure the completeness, accuracy and relevance of the Provider's Data, as well as their functional suitability for use by the Company in the manner prescribed hereby. Upon a reasoned request from the Company and within the time frame agreed by the Parties, the Provider shall eliminate errors and/or deficiencies in the Provider's Data within a reasonable time.
2.4.4. Not include in the Provider's Data any information, data and/or materials that violate the rights of Users and/or third parties, or contain malicious and/or spyware codes. The Provider agrees to be fully responsible for compliance with the requirements of applicable law and the rights of third parties (including, but not limited to, personal data and intellectual property laws), and indemnify the Company, its subcontractors, employees, partners and/or counterparties from any claims from third parties (including Users, Advertisers and authorized government bodies) in relation to the Provider's Data.
2.4.5. Provide information on requests by the Company or Advertisers within 24 hours from their receipt by the Provider.
2.5. The Provider may:
2.5.1. Receive from the Company the Remuneration for the Services rendered;
2.5.2. Access the Account in the myTarget System using the login and password.
2.5.3. Provide similar services to third parties (including providing access to identical Provider's Data) to third parties unless otherwise agreed by the Parties additionally.
2.6. The Company shall:
2.6.1. Provide the Provider with access to the Company's System through the Account;
2.6.2. Provide the Provider with access to Statistics data by recording such information in the Provider's Account;
2.6.3. Make timely payment for the Services under the Agreement in full in accordance with the terms of this Agreement.
2.7. The Company may:
2.7.1. Suspend/terminate the fulfillment of obligations under the Agreement or partially or completely refuse to accept improperly rendered services in case of violation the Provider's warranties and obligations hereunder;
2.7.2. Make changes to the algorithm of the Company's System functioning at any time at its discretion;
2.7.3. Engage the third parties to fulfill its obligations hereunder.
3. WARRANTIES AND REPRESENTATIONS; DISCLAIMER OF WARRANTIES
3.1. Mutual Representations and Warranties. Each Party represents and warrants to the other party that: (a) it has all the rights and powers to conclude and perform the Agreement, (b) the conclusion of the Agreement by such a party and the fulfillment of its obligations and duties thereunder by it does not violate and will not violate any other agreements to which it is a party, and (c) it will comply with all requirements of applicable law in fulfilling the relevant obligations and exercising the relevant rights under the Agreement.
3.2. Further Representations of the Provider. The Provider warrants that: (a) it has all the rights, permits and powers to transfer the Provider's Data to the Company for the subsequent use of such data in order to further customize the placement of Advertising Materials through the Company's System, and (b) it will not intentionally include and use all necessary efforts to prevent any information from entering the Provider's Data, the use of which is prohibited by applicable law (c) it receives from Users all the necessary and provided for by applicable law consents and permits to use anonymized data about the interests of Internet Users, as well as to use such data as part of Provider's Data for the provision of the Services to the Company.
3.3. Disclaimer of Warranties. THE MYTARGET SYSTEM AND ALL CONTENT AVAILABLE THROUGH THE SYSTEM (INCLUDING, AMONG OTHER THINGS, ADVERTISING MATERIALS) SHALL BE PROVIDED "AS IS" AND "AS AVAILABLE". THE COMPANY DOES NOT WARRANT THAT THE MYTARGET SYSTEM WILL ALWAYS BE AVAILABLE, OPERATE WITHOUT INTERRUPTIONS OR FUNCTION WITHOUT ERRORS.
3.4. The Provider shall be fully liable for the integrity of login and password for access to the myTarget System Account and for the losses which may arise due to unauthorized use of its password and/or access channel.
3.5. The Provider shall provide the Users with all the necessary information about the use by the Company of the Provider's Data obtained using cookies and warrants the receipt of User's consent to the use of such cookies and the use of the data obtained with their help by the Company.
The Provider also warrants that the placement or use of cookies for the purpose described herein does not violate the laws applicable to its relations with the Users, or the Provider has taken all the necessary measures required by law to enable the installation of cookies and the use of the data received with their help.
4. LIABILITY
4.1. Liability of the Provider. The Provider shall reimburse the Company for real damage, including legal costs and expenses, arising from: (a) providing the Company with incorrect Provider's Data, (b) the Provider performing prohibited activities, (c) violation of any representation and/or warranty under the Agreement by the Provider.
4.2. Liability of the Company. The Company shall reimburse the Provider for real damage, including legal costs and expenses, arising from the violation of the Company's representations and/or warranties under the Agreement.
4.3. Force Majeure. Neither Party shall be liable for failure to fulfill or delay in fulfilling its obligations due to circumstances beyond its control, including, but not limited to, natural disasters, terrorist acts, hostilities, strikes, government actions, fires, floods, earthquakes, interruptions in the supply of electricity, failures of network connections, telecommunication connections, failure of mobile operators or Internet providers (including, but not limited to, network attacks).
5. CONFIDENTIALITY
5.1. Neither of the Parties has the right, unless otherwise expressly provided for by the Agreement, to make public or in any other way directly or indirectly disclose information about any documents and information (including that of legal, commercial, technical or organizational nature) that it has received from any persons or that have become available in any way due to the agreement or in the course of its performance.
5.2. Neither Party may use the confidential information and documents under the Agreement and these Terms and Conditions for personal purposes or to make profit outside the performance of the Agreement.
5.3. For the purposes of Agreement and these Terms and Conditions the confidential information means any scientific and technical, processing, commercial, organizational or other information which is actually or prospectively of commercially value to the Parties hereunder and under the Terms and Conditions as it is unknown to third parties, who might benefit from the disclosure or use thereof, which is not freely available lawfully, and in which relation protective measures are adopted as appropriate with regard to the value thereof.
5.4. Each Party shall ensure the maintenance of confidentiality by its employees, auditors, consultants, technicians and other persons engaged by it due to the conclusion and performance of the Agreement and these Terms and Conditions and shall bear liability for the maintenance of confidentiality by these persons with regard to the received information.
5.5. The Provider shall have the right to make a statement, including a public one, about the fact that the Agreement has been concluded between the respective Parties, only after receiving written consent from the Company and without disclosing its specific conditions. The form and content of such a statement shall be approved by the Company in writing.
5.6. The Statistics shall be deemed Confidential Information.
3.1. Mutual Representations and Warranties. Each Party represents and warrants to the other party that: (a) it has all the rights and powers to conclude and perform the Agreement, (b) the conclusion of the Agreement by such a party and the fulfillment of its obligations and duties thereunder by it does not violate and will not violate any other agreements to which it is a party, and (c) it will comply with all requirements of applicable law in fulfilling the relevant obligations and exercising the relevant rights under the Agreement.
3.2. Further Representations of the Provider. The Provider warrants that: (a) it has all the rights, permits and powers to transfer the Provider's Data to the Company for the subsequent use of such data in order to further customize the placement of Advertising Materials through the Company's System, and (b) it will not intentionally include and use all necessary efforts to prevent any information from entering the Provider's Data, the use of which is prohibited by applicable law (c) it receives from Users all the necessary and provided for by applicable law consents and permits to use anonymized data about the interests of Internet Users, as well as to use such data as part of Provider's Data for the provision of the Services to the Company.
3.3. Disclaimer of Warranties. THE MYTARGET SYSTEM AND ALL CONTENT AVAILABLE THROUGH THE SYSTEM (INCLUDING, AMONG OTHER THINGS, ADVERTISING MATERIALS) SHALL BE PROVIDED "AS IS" AND "AS AVAILABLE". THE COMPANY DOES NOT WARRANT THAT THE MYTARGET SYSTEM WILL ALWAYS BE AVAILABLE, OPERATE WITHOUT INTERRUPTIONS OR FUNCTION WITHOUT ERRORS.
3.4. The Provider shall be fully liable for the integrity of login and password for access to the myTarget System Account and for the losses which may arise due to unauthorized use of its password and/or access channel.
3.5. The Provider shall provide the Users with all the necessary information about the use by the Company of the Provider's Data obtained using cookies and warrants the receipt of User's consent to the use of such cookies and the use of the data obtained with their help by the Company.
The Provider also warrants that the placement or use of cookies for the purpose described herein does not violate the laws applicable to its relations with the Users, or the Provider has taken all the necessary measures required by law to enable the installation of cookies and the use of the data received with their help.
4. LIABILITY
4.1. Liability of the Provider. The Provider shall reimburse the Company for real damage, including legal costs and expenses, arising from: (a) providing the Company with incorrect Provider's Data, (b) the Provider performing prohibited activities, (c) violation of any representation and/or warranty under the Agreement by the Provider.
4.2. Liability of the Company. The Company shall reimburse the Provider for real damage, including legal costs and expenses, arising from the violation of the Company's representations and/or warranties under the Agreement.
4.3. Force Majeure. Neither Party shall be liable for failure to fulfill or delay in fulfilling its obligations due to circumstances beyond its control, including, but not limited to, natural disasters, terrorist acts, hostilities, strikes, government actions, fires, floods, earthquakes, interruptions in the supply of electricity, failures of network connections, telecommunication connections, failure of mobile operators or Internet providers (including, but not limited to, network attacks).
5. CONFIDENTIALITY
5.1. Neither of the Parties has the right, unless otherwise expressly provided for by the Agreement, to make public or in any other way directly or indirectly disclose information about any documents and information (including that of legal, commercial, technical or organizational nature) that it has received from any persons or that have become available in any way due to the agreement or in the course of its performance.
5.2. Neither Party may use the confidential information and documents under the Agreement and these Terms and Conditions for personal purposes or to make profit outside the performance of the Agreement.
5.3. For the purposes of Agreement and these Terms and Conditions the confidential information means any scientific and technical, processing, commercial, organizational or other information which is actually or prospectively of commercially value to the Parties hereunder and under the Terms and Conditions as it is unknown to third parties, who might benefit from the disclosure or use thereof, which is not freely available lawfully, and in which relation protective measures are adopted as appropriate with regard to the value thereof.
5.4. Each Party shall ensure the maintenance of confidentiality by its employees, auditors, consultants, technicians and other persons engaged by it due to the conclusion and performance of the Agreement and these Terms and Conditions and shall bear liability for the maintenance of confidentiality by these persons with regard to the received information.
5.5. The Provider shall have the right to make a statement, including a public one, about the fact that the Agreement has been concluded between the respective Parties, only after receiving written consent from the Company and without disclosing its specific conditions. The form and content of such a statement shall be approved by the Company in writing.
5.6. The Statistics shall be deemed Confidential Information.
6. PRIVACY
6.1. The Provider is engaged to provide certain services for the Company which involve the processing of Provider's Data which may from time to time incur the processing of personal data of third parties (Personal Data).
The Provider represents, warrants and covenants that by providing Personal data to the Company it shall be fully responsible for complying with any and all applicable laws, including without limitation, privacy laws, such as the General Data Protection Regulation ("GDPR"), and any other applicable law relating to the collection, use and sharing of Personal Data by the Provider and anyone on its behalf.
6.2. The Provider shall defend, indemnify and hold Company harmless at all times for any claims related to, or arising from Users and/or any third party in connection with the Company's use of the Personal data in connection with the advertising services (which includes data matching as an essential part of the Services).
6.3. When generating the Provider's Data, the Provider shall receive from the Users all the consents and permits to use data on the interests of Users, as well as to use such data as part of the Provider's Data for the provision of the Services, if such consents and permits are necessary or provided for by the applicable laws. The scope of the data is the following: email; telephone number; advertising identificators of devices (GAID; IDFA), identificator of browser's session (cookie), social networks identificators (vk_id, ok_id), network interface controller (MAC-адрес) depending on the parameters of downloaded to myTarget system Provider's Data in hash or not.
6.4. Provider assumes the position of a controller and hereby agrees to appoint Company as processor, and Provider authorizes and instructs Company to process Provider's Data.
Provider acknowledges and agrees that the Provider has the sole responsibility for: (a) the lawfulness of the processing of Personal Data of Provider's software (incl.mobile application) users, and warrants that Provider is legally allowed to engage Company for the purpose of such processing on Provider's behalf; and (b) providing all necessary notices and obtaining all required permissions and consents from the data subjects, or otherwise securing the lawful grounds for the processing, as required under applicable data protection laws, including, without limitation the sharing of Provider's Data with, and the processing thereof by Company, Company's affiliates.
6.5. Each Party shall implement appropriate technical and organisational measures to protect the Provider's Data (i) from accidental or unlawful destruction, and (ii) loss, alteration, unauthorised disclosure of, or access to the Provider's Data (a "Security Incident"). In the event that a party suffers a confirmed Security Incident, it shall notify the other party without undue delay and both parties shall cooperate in good faith to agree and action such measures as may be necessary to mitigate or remedy the effects of the Security Incident. Nothing herein prohibits either party with moving forward to notify regulatory authorities as may be required by law prior to notification of the other party so long as the notifying party provides notification to the other party without undue delay.
6.6. The Parties shall, on request, provide each other with all reasonable and timely assistance (at their own expense) to enable the other to comply with its obligations under the applicable data protection legislation, specifically in order to enable the other to respond to: (i) any request from a data subject to exercise any of its rights (including its rights of access, correction, objection, erasure and data portability, as applicable) in relation to the Provider's Data ("Data Subject Rights"); and (ii) any other correspondence, inquiry, or complaint received from a data subject, regulator, or other third party in connection with the processing of the Provider's Data. Each party shall promptly inform the other if it receives any request directly from a data subject to exercise a Data Subject Right in relation to the Provider's Data.
If the applicable law is GDPR the following provisions apply:
6.7. Personal Data may be transferred from the EU Member States, the three EEA member countries (Norway, Liechtenstein and Iceland) and the United Kingdom (collectively, "EEA") to countries that offer adequate level of data protection under or pursuant to the adequacy decisions published by the relevant data protection authorities of the EEA, the Union, the Member States or the European Commission ("Adequacy Decisions"), without any further safeguard being necessary.
6.8. If the Processing of Personal Data includes transfers from the EEA to countries which do not offer adequate level of data protection or which have not been subject to an Adequacy Decision ("Other Countries"), the Parties shall comply with Article 46 of the GDPR, and shall execute the Standard Contractual Clauses adopted by the relevant data protection authorities of the EEA, the Union, the Member States or the European Commission or comply with any of the other mechanisms provided for in the GDPR for transferring Company Personal Data Personal Data to such Other Countries.
7. MISCELLANEOUS
7.1. In the event of a change in the details or data specified by the Provider in the Account, the Provider shall notify the Company thereof within three (3) business days. All risks associated with late notification shall be borne by the Provider.
7.2. In the event of a change in the status of the Provider of the VAT payer, which at the time of the conclusion of the Agreement was exempted from VAT due to the application of the simplified taxation system, the Provider shall immediately notify the Company thereof. The Provider shall be liable to the Company for the accuracy of information regarding the Provider's status as a VAT payer or non-payer.
7.3. The current version of these Terms and Conditions is located at /adv/doc/dmp.
revision date: June 15, 2022
previous version: /help/dmp/archive_terms/en
6.1. The Provider is engaged to provide certain services for the Company which involve the processing of Provider's Data which may from time to time incur the processing of personal data of third parties (Personal Data).
The Provider represents, warrants and covenants that by providing Personal data to the Company it shall be fully responsible for complying with any and all applicable laws, including without limitation, privacy laws, such as the General Data Protection Regulation ("GDPR"), and any other applicable law relating to the collection, use and sharing of Personal Data by the Provider and anyone on its behalf.
6.2. The Provider shall defend, indemnify and hold Company harmless at all times for any claims related to, or arising from Users and/or any third party in connection with the Company's use of the Personal data in connection with the advertising services (which includes data matching as an essential part of the Services).
6.3. When generating the Provider's Data, the Provider shall receive from the Users all the consents and permits to use data on the interests of Users, as well as to use such data as part of the Provider's Data for the provision of the Services, if such consents and permits are necessary or provided for by the applicable laws. The scope of the data is the following: email; telephone number; advertising identificators of devices (GAID; IDFA), identificator of browser's session (cookie), social networks identificators (vk_id, ok_id), network interface controller (MAC-адрес) depending on the parameters of downloaded to myTarget system Provider's Data in hash or not.
6.4. Provider assumes the position of a controller and hereby agrees to appoint Company as processor, and Provider authorizes and instructs Company to process Provider's Data.
Provider acknowledges and agrees that the Provider has the sole responsibility for: (a) the lawfulness of the processing of Personal Data of Provider's software (incl.mobile application) users, and warrants that Provider is legally allowed to engage Company for the purpose of such processing on Provider's behalf; and (b) providing all necessary notices and obtaining all required permissions and consents from the data subjects, or otherwise securing the lawful grounds for the processing, as required under applicable data protection laws, including, without limitation the sharing of Provider's Data with, and the processing thereof by Company, Company's affiliates.
6.5. Each Party shall implement appropriate technical and organisational measures to protect the Provider's Data (i) from accidental or unlawful destruction, and (ii) loss, alteration, unauthorised disclosure of, or access to the Provider's Data (a "Security Incident"). In the event that a party suffers a confirmed Security Incident, it shall notify the other party without undue delay and both parties shall cooperate in good faith to agree and action such measures as may be necessary to mitigate or remedy the effects of the Security Incident. Nothing herein prohibits either party with moving forward to notify regulatory authorities as may be required by law prior to notification of the other party so long as the notifying party provides notification to the other party without undue delay.
6.6. The Parties shall, on request, provide each other with all reasonable and timely assistance (at their own expense) to enable the other to comply with its obligations under the applicable data protection legislation, specifically in order to enable the other to respond to: (i) any request from a data subject to exercise any of its rights (including its rights of access, correction, objection, erasure and data portability, as applicable) in relation to the Provider's Data ("Data Subject Rights"); and (ii) any other correspondence, inquiry, or complaint received from a data subject, regulator, or other third party in connection with the processing of the Provider's Data. Each party shall promptly inform the other if it receives any request directly from a data subject to exercise a Data Subject Right in relation to the Provider's Data.
If the applicable law is GDPR the following provisions apply:
6.7. Personal Data may be transferred from the EU Member States, the three EEA member countries (Norway, Liechtenstein and Iceland) and the United Kingdom (collectively, "EEA") to countries that offer adequate level of data protection under or pursuant to the adequacy decisions published by the relevant data protection authorities of the EEA, the Union, the Member States or the European Commission ("Adequacy Decisions"), without any further safeguard being necessary.
6.8. If the Processing of Personal Data includes transfers from the EEA to countries which do not offer adequate level of data protection or which have not been subject to an Adequacy Decision ("Other Countries"), the Parties shall comply with Article 46 of the GDPR, and shall execute the Standard Contractual Clauses adopted by the relevant data protection authorities of the EEA, the Union, the Member States or the European Commission or comply with any of the other mechanisms provided for in the GDPR for transferring Company Personal Data Personal Data to such Other Countries.
7. MISCELLANEOUS
7.1. In the event of a change in the details or data specified by the Provider in the Account, the Provider shall notify the Company thereof within three (3) business days. All risks associated with late notification shall be borne by the Provider.
7.2. In the event of a change in the status of the Provider of the VAT payer, which at the time of the conclusion of the Agreement was exempted from VAT due to the application of the simplified taxation system, the Provider shall immediately notify the Company thereof. The Provider shall be liable to the Company for the accuracy of information regarding the Provider's status as a VAT payer or non-payer.
7.3. The current version of these Terms and Conditions is located at /adv/doc/dmp.
revision date: June 15, 2022
previous version: /help/dmp/archive_terms/en
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