These INVIBES ADVERTISING data program terms (the "Terms") are entered into by, as applicable, the data provider signing these Terms or any document that refers to these Terms or that accepts these Terms electronically (the "PROVIDER") and INVIBES ADVERTISING company ("INVIBES ADVERTISING"), the legal entity as specified under Article 9.
INVIBES ADVERTISING and data provider hereby acknowledge and agree on the following:
1. GENERAL DEFINITIONS
Account: a PROVIDER account provided by INVIBES ADVERTISING on the Platform www.invibes.com and related domains.
Agreement: includes any applicable Instructions (as defined hereafter), PPA, the present Terms, and Appendix 1, 2 and 3 attached hereto.
Content: includes any and all text, software, scripts, graphics, photos, sounds, music, promotional messages, buttons, URL’s to external websites, videos and other audiovisual material viewed on, accessed through or contributed to the Licensed Website (as defined hereafter), provided by INVIBES ADSVERTISING. Any and all Content or elements of Content are protected by intellectual property law, which rights belong to INVIBES ADVERTISING or any other third parties.
Instructions: refers to the code, text or any general instructions provided by INVIBES ADVERTISING to be inserted in Your Properties.
Intellectual Property Rights: mean any and all intellectual property rights arising out of the Licensed Website as well as any and all intellectual property rights, including, but not limited to copyrights, logos, scripts, bot, trademarks, codes and patents belonging to INVIBES ADVERTISING.
Platform or Licensed Website: all features, services, functionalities, content and the "look & feel, design and style" made available on www.invibes.com or in an embedded form, made available on third party web pages or domains and provided by INVIBES ADVERTISING on www.invibes.com and any related domain names.
Property(ies): data elements that You transfer to INVIBES through various means and or websites You own.
You / PROVIDER / Your (where applicable): any person or entity, affiliated persons, and/or any agency or network acting on the PROVIDER’s behalf, which shall also be bound by the terms of this Agreement.
Services: commercial offering provided by INVIBES ADVERTISING to its clients to target placements of Content (“Ads”) on a third party website.
Payout: financial compensation to be paid by INVIBES ADVERTISING.
2. INVIBES ADVERTISING DATA PROVIDER PROGRAM
2.1. By enrolling in the Program, You agree that INVIBES ADVERTISING may (a) place related INVIBES ADVERTISING queries and/or tracking scripts and/or links ("Links") on your websites, (b) use all data elements received for purpose of statistical and predictive calculations.
2.2. By enrolling in the Program, You agree that INVIBES ADVERTISING may use Properties received from PROVIDER to (a) create derived data segments integrated to Services (b) extrapolate, model and create look-alikes integrated into the Services (c) create various derived products and services to its clients other than those specified in the Services (such as but not limited to analytics services and insights) (d) target placements of Content (“Ads”) on a third party website.
3. YOUR OBLIGATIONS
3.1. You must be older than 18 and of sound mind and have appropriate and sufficient legal personality and capacity to participate in the Program.
3.2. You agree not to alter, disrupt, tamper with, circumvent and/or interfere (defined broadly) with the Licensed Website and its security features, through any technology or means.
3.3. You expressly undertake to participate in the Program in good faith.
3.4. In general, You agree not to use or launch any automated systems, including without limitation, "robots," "spiders," or "offline readers," that send more request messages to the INVIBES ADVERTISING servers in a given period of time than a human can reasonably produce in the same period using a conventional on-line web browser.
3.5. You agree not to collect any personally identifiable information nor to use the communication systems provided by the Licensed Website for any commercial solicitation purposes. In particular, You agree not to solicit, for commercial purposes, any users of the Licensed Website with respect to their Content. In general, You agree not to use the Program for any commercial uses except the authorized features unless You obtain INVIBES ADVERTISING’s prior express written consent.
3.6. You understand that when participating to the Program, users referred into your data elements will be exposed to Content from diverse sources and that INVIBES ADVERTISING is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such Content.
3.7. Thus, You agree to waive and hereby do waive, any legal or equitable rights or recourse You have or may have against INVIBES ADVERTISING with respect thereto, and, to the extent permitted by applicable law, agree to indemnify INVIBES ADVERTISING, its owners, operators, affiliates, licensors and licensees to the fullest extent allowed by law regarding all matters related to Your participation to the Program. You agree to immediately notify INVIBES ADVERTISING of any Content which would allegedly violate any legitimate rights or applicable law by sending an email to email@example.com.
3.8. You only are responsible for the Properties of Your website and all related legal obligations required, in particular, You only are responsible for any links made out of Your webpage. In Your use of the Program, You will comply with all applicable laws of the country in which You reside and/or from which You are accessing the Licensed Website.
4. YOUR SPECIFIC OBLIGATIONS REGARDING YOUR ACCOUNT
4.1. You expressly recognize that You are the sole responsible for all activities which occur on Your Account. Any connection to Your Account or any action connected thereto, will be considered as carried out by You and under Your responsibility.
4.2. Thus, You recognize that any information and action registered on Your Account shall be considered as proof of Your binding agreement to the corresponding conditions as stored by INVIBES ADVERTISING systems. In this respect, You recognize and agree that INVIBES ADVERTISING stores all binding information as required by law which shall take precedence over any inconsistent document unless You are able to prove the contrary.
4.4. All information must be complete and accurate and You are responsible for keeping your Account password secure and confidential. In particular, You agree to update and keep current any contact, bank and VAT details with INVIBES ADVERTISING as the case may be.
4.5. INVIBES ADVERTISING will not be liable in any instance for the loss of information and/or damage, which results from the lack of conformity with the obligation to keep all registration information confidential. You must notify INVIBES ADVERTISING of any breach, fraudulent use of Your password, unauthorized and/or malicious use of Your Account as soon as you become aware of such activity.
4.6. To preserve the integrity of the Licensed Website, INVIBES ADVERTISING reserves all rights to remove and/or suspend without prior notice all Accounts which infringe the present Agreement and/or are suspected to be fraudulent. In particular, INVIBES ADVERTISING reserves the right to immediately without close Your Account prior notice should You be editing a website prohibited by law, (whether pornographic, violent etc. content).
4.7. Should You decide to permanently cancel your Account with INVIBES ADVERTISING, it is incumbent upon You to send an email to: firstname.lastname@example.org. Upon receipt and processing of this email, INVIBES ADVERTISING will clear data stored within an appropriate timeframe in accordance with all applicable laws and procedures. In such case, it is Your responsibility to save all relevant information hosted in Your Account.
4.8. In the event INVIBES ADVERTISING terminates access to the Licensed Website, all pending Accounts will be cleared in due course and in accordance with all applicable laws and procedures.
5. FINANCIAL TERMS
5.1. Payout shall be calculated solely based on records maintained by INVIBES ADVERTISING. No other measurements or statistics of any kind shall be accepted by INVIBES ADVERTISING or have any effect under this Agreement. INVIBES ADVERTISING will update, on a regular basis (every day if possible) the tracking reports available on Your Account.
INVIBES ADVERTISING algorithms select, based on various parameters, from different sources, the list of individual internet users on which Content (“Ads”) will be displayed. Pay-out shall be due solely in the event that Properties provided by the PROVIDER and processed by INVIBES ADVERTISING, before recording the display, contain such individual internet user, and if such data was effectively selected and used by INVIBES ADVERTISING to display the Content (“Ads) to such individual user.
5.3. Every 30 days as of the first viewing of a Content and provided that the minimum of calls of invoice amount as reported on the Platform has been attained, INVIBES ADVERTISING will issue the corresponding call for invoice. INVIBES ADVERTISING will credit Your Account according to your bank account details within 60 days upon issuance of the call for invoice. You may elect to receive payment in the currency indicated on the Platform, whereby You agree that payment in any other currency than those available on the Platform will be calculated on the basis of the exchange rate of the day before issuance of the invoice.
5.4. INVIBES ADVERTISING and the PROVIDER recognize and agree that INVIBES ADVERTISING issues the call for invoice including VAT amount and all required details when appropriate according to the respective territory as indicated on Your Account, in the conditions detailed in Appendix 1 below.
5.5. In any case, amounts for calls of Invoice as calculated by INVIBES ADVERTISING shall be final and binding to You. Should You have any claim regarding payment, INVIBES ADVERTISING shall receive it at the latest within the 14 days following effective payment by INVIBES ADVERTISING or You will be considered as having accepted the call of invoice and the corresponding payment so that any further claim will be considered null and void.
5.6. INVIBES ADVERTISING has the possibility to recall payment in case of material error or inadvertent payment or breach of the present Agreement by the PROVIDER. Recall of payment may be made at any time upon appearance of one of these circumstances.
5.7. INVIBES ADVERTISING makes no guarantee regarding the level of impressions of Ads or clicks on any Ad or on the timing of delivery of such impressions and/or clicks.
6. INTELLECTUAL PROPERTY
6.1. You agree that any and all Intellectual Property Rights resulting out of the Licensed Website and the Program proposed via the Platform are exclusively held by INVIBES ADVERTISING NV, Technologiepark-Zwijnaarde 3, bus 26, 9052 Gent, Belgium. You will not take any action to jeopardize, limit or interfere with the Intellectual Property Rights. You acknowledge and agree that any unauthorized use of the Intellectual Property Rights is a violation of this Agreement and the law and thus is subject to criminal sanctions.
6.2. You agree that all intellectual property rights in and to any third-party Content that may be accessed through the use of the Program, is exclusive to the respective Content rights’ owners.
6.3. PROVIDER Properties
PROVIDER’s Properties provide for and contain information, content and data (“PROVIDER Data”) prior to and during the implementation of the Services in virtue of the Agreement.
PROVIDER Data is and remains the exclusive property of the PROVIDER and this Agreement shall in no way be interpreted as a possible transfer or a license of intellectual property rights regarding the PROVIDER Data.
However, for the sole needs related to the execution of the Agreement, the PROVIDER hereby grants INVIBES ADVERTISING the right to use, for whatever purpose, the Properties provided by PROVIDER INVIBES.
In this respect, the PROVIDER grants to INVIBES ADVERTISING a non-exclusive, worldwide, license to access its Properties and to host, cache, route, transmit, store, copy, modify, distribute, perform, display and use any relevant technologies (such as modeling, look-alike) for the purpose of performing the Services provided for in the Agreement.
6.4. Processed data (“Invibes Data”)
All derived data, segments, look-alikes, insights, analytics not being provided and/or transferred by the PROVIDER (and any other third party DATA PROVIDER) is considered property of INVIBES ADVERTISING (“Invibes Data”).
The PROVIDER explicitly agrees that INVIBES ADVERTISING NV exclusively holds the intellectual property rights to the Invibes Data. In no way, the present Agreement shall be interpreted as a possible transfer or a license of intellectual property rights regarding the Invibes Data.
In this respect, the PROVIDER will not take any action to jeopardize, limit or interfere with the intellectual property rights of INVIBES ADVERTISING and acknowledges and agrees that any unauthorized use of the intellectual property rights of INVIBES ADVERTISING is a violation of this Agreement and the law and is thus subject to criminal sanctions.
7. EXCLUSION OF WARRANTY
7.1. To the fullest extent permitted by law, the Program is provided “as is” and INVIBES ADVERTISING expressly disclaims all warranties, guarantees claims or representations, express or implied with respect to the Licensed Website, its features and the Content offered via its Platform, including, without limitation, warranties of quality, performance, state of being virus free, non-infringement and fitness for a particular purpose. Nothing in this Agreement represents or warrants that the Licensed Website will always and continuously be accessible, uninterrupted, secure, complete or error-free, or will operate without data loss, nor does INVIBES ADVERTISING warrant any connection to or transmission from the Internet, or any quality of transmissions of data made through the Licensed Website.
7.2. Thus, You acknowledge that You bear all risks arising out of the use or performance of the Program to the maximum extent permitted by law. You expressly recognize that INVIBES ADVERTISING has no general obligation of control over the Content available via its Platform and therefore cannot be held liable for any infringement of law regarding the Content.
7.3. INVIBES ADVERTISING continually adapts, changes and improves the Program. You are aware, acknowledge and accept that the form, nature and substance of the Program can be modified at any time without prior notice. In such case, You will be invited to renew Your approval of the Terms. INVIBES ADVERTISING reserves the right to terminate the Program at any time and for any reason, taking into account a notice period of two months.
8. LIMITATION OF LIABILITY
8.1. You agree that INVIBES ADVERTISING and its affiliates, associates, partners, directors, employees or agents cannot in any event be held liable in contract and/or tort for any indirect, incidental or consequential damages including but not limited to any loss of data, Program interruption, computer failure or pecuniary loss resulting from Your access to the Platform. This shall be the case even if INVIBES ADVERTISING has been advised of the possibility of such damages arising.
8.2. Your only recourse with respect to any problems with the Licensed Website is to cease access to the Platform. Moreover, if You happen to encounter any problems with the use of and/or access of the Platform, then it is Your responsibility to immediately notify INVIBES ADVERTISING as soon as reasonably possible at: email@example.com.
8.3. In the event this limitation of liability shall for any reason be held to be unenforceable or inapplicable, You agree that the aggregate liability of INVIBES ADVERTISING shall not exceed the amount of compensation for its Program received by INVIBES ADVERTISING during the previous 30-day period, since it is incumbent upon You to have notified INVIBES ADVERTISING in the first instance.
9. CONTRACTING PARTY, CHOICE OF LAW AND LOCATION FOR RESOLVING DISPUTES
9.1. If you are using the Program from, or if your business in Europe, except for France, Spain, Germany, Switzerland, Italy, Belgium, and the United Kingdom, you're contracting with INVIBES ADVERTISING NV, a private company incorporated under the laws of Belgium (0836.533.938) having its registered office and principal place of business at Technologiepark-Zwijnaarde 3, 9052 Gent, Belgium and this Agreement is governed by Belgian law, except for its conflict of law principles. In any claim or dispute between You and INVIBES ADVERTISING that arises in whole or in part from the present Agreement, both parties must at first and in good faith try to resolve and settle the issues together. Should dispute resolution fail 6 weeks after a dispute notification, the claim or dispute shall be decided exclusively by the courts of Ghent, Belgium, having subject matter jurisdiction.
9.2. If you are using the Program from, or if your business is in France, you're contracting with INVIBES ADVERTISING SAS, a private company incorporated under the laws of France (537 450 140 R.C.S. PARIS) having its registered office and principal place of business at 24 rue des Petites Ecuries, 75010 Paris, France and this Agreement is governed by French law, except for its conflict of law principles. In any claim or dispute between You and INVIBES ADVERTISING that arises in whole or in part from the present Agreement, both parties must at first and in good faith try to resolve and settle the issues together. Should dispute resolution fail 6 weeks after a dispute notification, the claim or dispute shall be decided exclusively by the courts of Paris, France, having subject matter jurisdiction.
9.3. If you are using the Program from or if your business is in Spain you're contracting with INVIBES SPAIN SL, a private company incorporated under the laws of Spain having its registered office and principal place of business at C/ Pez Volador n°32, 28007 Madrid, Spain and this Agreement is governed by Spanish law, except for its conflict of laws principles. In any claim or dispute between You and INVIBES ADVERTISING that arises in whole or in part from the present Agreement, both parties must at first and in good faith try to resolve and settle the issues together. Should dispute resolution fail 6 weeks after dispute notification, the claim or dispute shall be decided exclusively by the courts of Madrid, Spain, having subject matter jurisdiction.
9.4. If you are using the Program from or if your business is in Germany you're contracting with INVIBES ADVERTISING AG, a private company incorporated under the laws of Germany having its registered office and principal place of business at Zweibrückenstr. 15, 80331 Munich, Germany and this Agreement is governed by German law, except for its conflict of laws principles. In any claim or dispute between You and INVIBES ADVERTISING that arises in whole or in part from the present Agreement, both parties must at first and in good faith try to resolve and settle the issues together. Should dispute resolution fail 6 weeks after dispute notification, the claim or dispute shall be decided exclusively by the courts of Germany, having subject matter jurisdiction.
9.5. If you are using the Program from or if your business is in Switzerland you're contracting with INVIBES SWITZERLAND AG, a private company incorporated under the laws of Switzerland having its registered office and principal place of business at Langstrasse 11 8004 Zürich, Switzerland and this Agreement is governed by Swiss law, except for its conflict of laws principles. In any claim or dispute between You and INVIBES ADVERTISING that arises in whole or in part from the present Agreement, both parties must at first and in good faith try to resolve and settle the issues together. Should dispute resolution fail 6 weeks after dispute notification, the claim or dispute shall be decided exclusively by the courts of Switzerland, having subject matter jurisdiction.
9.6. If you are using the Program from or if your business is in Italy you're contracting with INVIBES ITALY SRL, a private company incorporated under the laws of Italy having its registered office and principal place of business at Via Giosue Carducci 31, Milan, Italy and this Agreement is governed by Italian law, except for its conflict of laws principles. In any claim or dispute between You and INVIBES ADVERTISING that arises in whole or in part from the present Agreement, both parties must at first and in good faith try to resolve and settle the issues together. Should dispute resolution fail 6 weeks after dispute notification, the claim or dispute shall be decided exclusively by the courts of Italy, having subject matter jurisdiction.
9.7. If you are using the Program from or if your business is in the United Kingdom you're contracting with INVIBES advertising UK LTD, a private company incorporated under the laws of the United Kingdom having its registered office and principal place of business at 5 Underwood Street, London, United Kingdom, N1 7LY and this Agreement is governed by the law of the United Kingdom, except for its conflict of laws principles. In any claim or dispute between You and INVIBES ADVERTISING that arises in whole or in part from the present Agreement, both parties must at first and in good faith try to resolve and settle the issues together. Should dispute resolution fail 6 weeks after dispute notification, the claim or dispute shall be decided exclusively by the courts of the United Kingdom, having subject matter jurisdiction.
9.8. If you are using the Program from or if your business is in Belgium you're contracting with INVIBES Benelux BV, a private company incorporated under the laws of Belgium having its registered office and principal place of business at Prins Boudewijnlaan 5 Bus 10, 2550 Kontich, Belgium, and this Agreement is governed by the law Belgium, except for its conflict of laws principles. In any claim or dispute between You and INVIBES Benelux BV that arises in whole or in part from the present Agreement, both parties must at first and in good faith try to resolve and settle the issues together. Should dispute resolution fail 6 weeks after dispute notification, the claim or dispute shall be decided exclusively by the courts of Belgium, having subject matter jurisdiction.
9.9. If you are using the Program from or if your business is outside Europe you're contracting with INVIBES ADVERTISING INC, USA, a private company incorporated under the laws of New York having its registered office and principal place of business at 1177 Avenue of the Americas, 7th floor, New York, NY 10036, and this Agreement is governed by New York law, except for its conflict of laws principles. In any claim or dispute between You and INVIBES ADVERTISING that arises in whole or in part from the present Agreement, both parties must at first and in good faith try to resolve and settle the issues together. Should dispute resolution fail 6 weeks after dispute notification, the claim or dispute shall be decided exclusively by the courts of of the State of New York, USA, having subject matter jurisdiction.
10. GENERAL LEGAL PROVISIONS
10.1.If any provision of this Agreement is deemed invalid by a court having proper jurisdiction, the invalidity of such provision shall not affect the remaining provisions of this Agreement, which shall remain in full force and effect.
10.2. No waiver of any term of this Agreement shall be deemed a further or continuing waiver of such term or any other term, and INVIBES ADVERTISING’s failure to assert any right or provision under this Agreement shall not constitute a waiver of such right or provision.
10.3. If INVIBES ADVERTISING provides the Agreement in any other language, this will be only for commercial expediency. The English language Agreement is the only valid and acceptable Agreement.
10.4. Each party will be entitled to publish press releases and You expressly authorize INVIBES ADVERTISING to use any of Your marketing features (such as but not limited to trade name, brand, trademark, logo, domain name) regarding the use of the Program and be listed as a user of the Program.
10.5. Nothing in this Agreement may be interpreted as if the parties where conducting business in any form of association or joint venture. No party may suggest to any third party that they are doing business in any other way than independently.
10.6. By creating Your account or by subscribing to a PPA, you are signing this Agreement electronically. You agree that Your electronic signature is the legal equivalent of Your manual signature on this Agreement and You consent to be legally bound by the Agreement's terms and conditions.
10.7. Any and all information and/or Data collected by INVIBES ADVERTISING prevails between the parties and can be used as proof, for any reason whatsoever, unless proven otherwise.
11. DATA CONTROLLER AGREEMENT
You agree that, depending on the nature of the data collected, INVIBES ADVERTISING and the PROVIDER are separate data controllers.
11.1 DESCRIPTION AND PURPOSE OF DATA PROCESSED BY INVIBES ADVERTISING
11.1.1 DATA PROVIDER DATA
When you register to participate in one of INVIBES ADVERTISING programs as data partner, we process the following personal data of you:
- Identity Data, which includes name or other similar identifiers;
- Contact Data, which includes address, email address and telephone number;
- Financial Data, which includes invoices, payment details including details about payments to and from you;
- Business Data, which includes order history, communications and subscribed programs and the performance of your property in order to calculate the pay out and for statistical reasons.
INVIBES ADVERTISING and the data provider process the data as separate controllers. Both parties shall be individually liable for the processing operations they carry out.
188.8.131.52 User Opt-in required
It lies with Your responsibility to exclusively transfer personal data to INVIBES ADVERTISING about Data Subjects that have validly Opted-in to INVIBES Visitors-specific targeting methods and explain to said Data Subject the consequences of such opt-in in accordance with the present Terms. The consent given should be compliant with GDPR and other applicable or local privacy legislation. The consent must be demonstrable to INVIBES ADVERTISING on request.
Should a Visitor opt-in to Visitors-specific targeting methods, INVIBES ADVERTISING will activate additional cookies and functionalities in said Visitor’s browser as described hereafter. INVIBES ADVERTISING will provide to You the Instructions in order to collect the Visitors’ consent both online and data provided off-line. INVIBES ADVERTISING may also accept on a case-by-case basis other means of receiving Your Visitor' Consent. For example by using third party tools which are supported by the IAB Europe's Transparency & Consent Framework. However, it lies with Your responsibility to make sure such third party tools function correctly - and only communicate to INVIBES ADVERTISING validly Opted-in to INVIBES Visitors-specific targeting methods.
You are hereby informed that a specific consent is required for Visitors-specific ad targeting methods such as, but not limited to, behavioural targeting based upon Visitors’ specific statistics.
Visitors’ opt-in supposes specific acceptation to the following data collection and hereafter described purposes.
By default, INVIBES ADVERTISING shall consider that Visitors have not given consent will not adhere to INVIBES user-specific targeting methods.
INVIBES ADVERTISING will also provide to You the Instructions on how to communicate to INVIBES ADVERTSING more detailed Visitor personal data such as anonymized email addresses, anonymized mobile phone number and anonymized Website login information.
In no case, INVIBES will accept directly identifiable personal data “in-clear”. All such data should be anonymized before transferring to INVIBES. INVIBES can provide appropriate instructions to do so. Should You notify to INVIBES ADVERTISING a Visitor has given consent, You explicitly allow INVIBES ADVERTISING to make use of bi-directional beacons (e.g. calls to and from third parties on which the User also provides its Opt-in) or other technologies for the good functioning of the Program.
You are also aware that Data collected via such beacons may be cross-checked and merged with other third party independent data under the condition that such Visitor had also provided to INVIBES ADVERTISING via the third party website such Visitor consent for Visitors-specific targeting methods. In such case, third parties may also receive anonymous statistical data out of such collected data.
INVIBES ADVERTISING will reset the Opt-in status after thirteen (13) months after its placement for every individual Visitor, unless said Visitor has renewed its consent. With no consent renewal, Visitor is automatically opt-out from Visitors-specific targeting methods. However, its data is not deleted automatically.
Furthermore, in accordance with the laws in force, the Visitor has the right to be forgotten. Thus, You have the obligation to enable to Visitor to send You a request for deleting his personal data. Should the Visitor request to have his data erased, it is Your obligation to inform INVIBES ADVERTISING of such a request without delay by using the appropriate instructions given by INVIBES ADVERTISING.
As soon as INVIBES ADVERTISING receives such request, all personal data related to this Visitor will be made unusable within the delays practically possible by its systems.
184.108.40.206 DATA PARTNER COOKIES
During the execution of a call, You cannot set any cookies or store any information about the user, unless You have received a proper consent yourself by the user, and therefore have engaged in a contractual relation with the publisher
11.2 SECURITY MEASURES
INVIBES ADVERTISING has developed security measures which have been adjusted at the technological and organisational level to prevent the destruction, loss, falsification, changing, prohibited access or the erroneous disclosure to third parties of personal data as well as any other prohibited processing of this data.
In any case, INVIBES ADVERTISING will make sure:
- To keep up to date a record of data processing activities;
- To limit the access to data to specific authorized staff only;
- To set up all technical and organizational measures, safeguards and mechanisms ensuring the protection of personal data, and especially appropriate measures to ensure confidentiality for preventing unauthorized access;
- To collaborate with the co data controller in case of personal data breach;
- That such data is not shared with any third party;
Under no circumstances can INVIBES ADVERTISING be held liable for any direct or indirect loss resulting from the incorrect or unlawful use of your personal data by a third party.
In addition, INVIBES ADVERTISING collects data regarding the performance of Your Properties in order to determine Your payout in accordance with Article 5 of the present Terms. Such data is solely statistical for financial purposes.
Furthermore, depending on the nature of the data collected on Your Properties, INVIBES ADVERTISING may use such collected data for general business purposes like deep learning purposes within its overall activity.
For more details see the corresponding provisions under the General Terms.
11.3 OBLIGATIONS AS DATA CONTROLLER
- the kind of personal data collected;
- a description of how information will be used by the company;
- a description of how this information will be transferred to INVIBES ADVERTISING and its third party Ad Verification parties;
- instructions on how users can modify, delete, and have access to their personal information.
It lies also with Your responsibility to collect the appropriate corresponding consent.
If a data subject makes a written request to either Party to exercise any of their rights in relation to the personal data that concerns processing in respect of which another Party is the controller, that Party shall forward the request to the other Party promptly from the date on which it received the request and, upon the other Party’s reasonable written request, provide that other Party with reasonable cooperation and assistance in relation to that request to enable the other to respond to such request and meet applicable deadlines under the applicable data protection laws.
If the Data Provider receives any complaint, notice or communication from a supervisory authority which relates directly or indirectly to INVIBES ADVERTISING: (i) processing of the personal data as a controller; or (ii) a potential failure to comply with the applicable data protection laws, the Provider shall, to the extent permitted by law, promptly forward the complaint, notice or communication to INVIBES ADVERTISING and provide INVIBES ADVERTISING with reasonable co-operation and assistance in relation to the same.
In the event of personal data breach, the Party concerned by this breach shall notify it to the relevant data protection authority and, where applicable to the data subjects concerned, pursuant to the terms and conditions set out in Article 33 of the GDPR. Since it is in the interest of the other Party to be informed thereof as quickly as possible, the Party concerned by this breach shall inform the other Party in writing or by e-mail without undue delay. The Party concerned by the personal data breach shall carry out investigations and take the appropriate measures to remedy the situation, including, if appropriate, measures to mitigate the possible negative consequences.
Both Parties acknowledge and conform that all processing of personal data shall be in accordance with GDPR. One party cannot be held responsible for the collection of processing personal data of the other Party in contravention with GDPR or other locally applicable privacy laws.
Since Parties are co data controllers, they both expressly acknowledge and agree that:
- The Data Provider is solely in charge of providing sufficient and transparent information and notification regarding data collected and data processing;
- The Data Provider is solely in charge of collecting appropriate consent with the data subjects;
- The Data Provider is solely in charge of providing appropriate means to allow the concerned person to exercise their rights;
- Each Party shall assume its own GDPR conformity.
11.4 DATA HOSTING PROVIDER AND DATA TRANSFER OUTSIDE THE EU
Data collected by INVIBES ADVERTISING are covered by GDPR compliant data hosting providers.
The Data Provider agrees, and has to inform the data subjects that their personal data may be transferred to third parties outside of the European Union. In this respect, INVIBES ADVERTISING ensures that processors outside of the European Union provide sufficient guarantees regarding their GDPR .
11.5 DATA RETENTION
The information collected and processed by INVIBES ADVERTISING is kept for a period not exceeding thirteen (13) months. If You do not notify INVIBES ADVERTISING of the renewal of the consent of the Visitor following this duration, the information will be definitely deleted or anonymized.
11.6 DATA SUBJECT RIGHTS
The Data Provider is responsible to offer the opportunity for the data subjects of the data that they collect to exercise their data subject rights.
All data subjects have the right to view their personal data for free at any time, as well as the right to be informed of the use of the personal data.
11.6.1 Right to rectification, erasure and restriction of processing
You always have the right to request to correct, supplement or remove your personal data. You acknowledge that a refusal to provide or a request for the erasure of personal data means that certain services can no longer be delivered.
You may also request that the processing of your personal data is limited.
11.6.2 Right to object
You have the right to object to the processing of your personal data for serious and legitimate reasons.
In addition, you always have the right to object to the use of your personal data for direct marketing purposes; in such case you do not have to state reasons.
11.6.3 Right to data portability
You have the right to obtain the personal data we process in a structured, typical and machine-readable form and/or have such transferred to different controllers.
11.6.4 Right to withdraw consent
Insofar as the processing is based on your prior consent, you have the right to withdraw this approval.
11.6.5 Exercising your rights
You can exercise your rights by contacting INVIBES ADVERTISING to this end, either by email to firstname.lastname@example.org, or by using the “Contact us” form on our Website, provided you enclose a copy of the front of your identity card, so that you can be identified.
11.6.6 Automated decision-making and profiling
The processing of your personal data can include profiling. Profiling will only be conducted when given a consent. It is always possible to object to the processing of personal data by profiling.
11.6.7 Right to lodge a complaint
INVIBES ADVERTISING is a Belgian company and fall within the competence of the Belgian Privacy Authority. You have can contact the Belgian Privacy Authority as following:
Address: Drukpersstraat 35, 1000 Brussels, Belgium,
Telephone: +32 (0)2 274 48 00,
Fax: +32 (0)2 274 48 35,
APPENDIX TO THE INVIBES ADVERTISING data program terms
Being reminded that: INVIBES ADVERTISING and You have entered into a contract for services whereby the present Appendix 1 is a binding part of said Agreement.
As part of this Agreement, the Parties agree as follows:
Article 1: Mandate
The PROVIDER or any representative of the PROVIDER entrust INVIBES ADVERTISING who accepts the task of performing the operations defined in Article 2 of this mandate, in the name and on behalf of the PROVIDER and in accordance with the provisions of corresponding Articles of the Code of General taxes.
Article 2: Purpose of Mandate
Under this Agreement, INVIBES ADVERTISING will provide the name and on behalf of the PROVIDER, the invoices representing the payout owed under this Agreement and for the duration of the contract.
Article 3: Information
The PROVIDER will provide all the tax information to enable INVIBES ADVERTISING to prepare such invoices, including its registration number for VAT.
The PROVIDER will keep INVIBES ADVERTISING informed of any changes on his personal tax situation and localization and especially about its tax system concerning VAT.
Article 4: Responsibility
The PROVIDER retains full responsibility for its obligations in billing and all related consequences with regard to VAT, being recalled that the PROVIDER is liable for the VAT, if any, pursuant to corresponding Article of General Tax Code.
This mandate does not in any way exempt the PROVIDER to perform the obligations incumbent tax other than preparing invoices.
INVIBES ADVERTISING cannot be held liable for any inaccuracies on the invoices due to the PROVIDER.
Article 5: Duties of the PROVIDER
The PROVIDER will pay to the treasury or any other relevant tax authorities the tax shown on the invoices in its name and on its behalf; The PROVIDER will claim without delay a duplicate of the invoice in case it has not been received.
July 8, 2021