Publisher Terms

To view the German Publisher Terms see:

These INVIBES ADVERTISING publisher program terms (the "Terms") are entered into by, the publisher signing these Terms or any document that refers to these Terms or that accepts these Terms electronically (the "Publisher" or “You”) and INVIBES ADVERTISING company ("INVIBES ADVERTISING"), the legal entity as specified under Article 10.

These Terms govern the Publisher's participation in INVIBES ADVERTISING's publisher program(s) or any publisher program agreement(s) ("PPA") (hereinafter collectively the "Program(s)") executed by and between the parties. A description of the Program, as generally offered by INVIBES ADVERTISING, as well as the dated version of these Terms is available online on www.invibes.com (the “Website”), or any other URL as may be provided from time to time by INVIBES ADVERTISING.

Our Privacy policy explains how we treat your personal data and protect your privacy when you use our services.

1. General definitions

Account: a Publisher account provided by INVIBES ADVERTISING on the Platform .Ads: means third party and/or INVIBES ADVERTISING provided advertisements and/or other content.
Agreement: includes (1) any applicable Instructions, (2) the Program(s) and(3)these Terms including Appendices attached hereto, which . may be amended and/or modified without prior notice. The online and dated version is the applicable version.
Content: includes any and all text, software, scripts, graphics, photos, sounds, music, promotional messages, buttons, URL'srsquo;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 ADVERTISING. 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.Links: means INVIBES ADVERTISING queries and/or tracking scripts and/or links related to the Program.
Instructions: refers to the code, text or any general instructions provided by INVIBES ADVERTISING to be inserted in Your Properties.
Intellectual Property Rights: collectively means 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.
Payout: financial compensation to be paid by 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): the website(s), and/or mobile content that You designate in Your Account.
Publisher / You(r) (where applicable): any person or entity, affiliated persons, and/or any agency or network acting on the Publisher’s behalf, which shall also be bound by the terms of this Agreement.
Results Page: one or more websites that are hosted by INVIBES ADVERTISING.
Search Results: search results provided by INVIBES ADVERTISING in connection with Your Property(ies).
Service: INVIBES ADVERTISING places Content on a space assigned by the Publisher, on the Publisher’s Property, in exchange for financial compensation to be paid to the Publisher.
Serviced Page: means the website on which any Ad, Link, search box, or referral button is displayed.

2. Invibes advertising publisher program

2.1. By enrolling in the Program, You agree, to the extent permitted pursuant to applicable law, that INVIBES ADVERTISING may serve (a) Ads, (b) Links, (c) Search Results each in connection with Your Property(ies).
2.2. To the extent permitted by applicable law, You allow any and all queries and clicks to be sent (without editing, filtering, truncating, appending terms to or otherwise modifying such queries individually or in the aggregate) to INVIBES ADVERTISING and INVIBES ADVERTISING will use commercially reasonable efforts to provide You with corresponding Search Results and/or Ads, as applicable and as available. Search Results and any accompanying Ads will be displayed on a Results Page, and the format, look and feel of those web pages hosted by INVIBES ADVERTISING may be modified by INVIBES ADVERTISING from time to time.

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 display on the Serviced Page any advertisement(s) or content that an end user of Your Property(ies) would reasonably confuse with an INVIBES ADVERTISING advertisement or otherwise associate with INVIBES ADVERTISING. 
3.3. INVIBES ADVERTISING exclusivity: You agree to direct to INVIBES ADVERTISING, and not to any other advertiser, any communication regarding any Invibes Ad(s) or Link(s) displayed in connection with Your Property(ies).
3.4. Except as permitted pursuant to applicable law 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.
3.5. You expressly undertake to participate in the Program in good faith. In particular, You recognize and accept that You are not authorized to use any means to artificially increase the amount of viewings in order to increase Your Payout, including any manual methods, robots or self-viewings.
3.6. 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.
3.7. Except as permitted pursuant to applicable law You agree not to collect any personal data 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 purposes unless You obtain INVIBES ADVERTISING’s prior express written consent. Such consent shall not be unreasonably withhold.
3.8. You understand that when participating to the Program, You 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. 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 contact@invibes.com.
3.9. To the maximum extent permitted pursuant to applicable law 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. To the fullest extent permitted pursuant to applicable law You agree to indemnify INVIBES ADVERTISING arising out of a culpable infringement of your obligations under this Agreement.
3.10. 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. You expressly recognize that You are not authorized to publish Search Results and/or Ads on any unauthorized websites (including but not limited to pornographic, violent, racist, illegal e-commerce sites and blogs). In Your use of the Program, You will comply with all applicable laws. 
3.11. You may stop displaying Ads or Links on any Property in the Program at any time by removing the INVIBES ADVERTISING javascript or similar programming from Your Properties.
3.12. You agree to not refresh Invibes served Ads in a 45 second timeframe from the moment the Invibes served Ad has become visible.
3.13. In accordance with the provisions indicated in INVIBES ADVERTISING’s privacy policy and the GDPR, You must provide an own appropriate privacy policy regarding Your Property that clearly discloses that third parties may be placing and reading cookies on the visitors of Your website’s browser, or using web beacons or any other technology to collect information, in the course of Ads being served on Your website. Your privacy policy must also include information about user options for cookies management to the extent required by applicable law.
3.14. In any case, You agree that you will comply with all the Instructions provided by INVIBES ADVERTISING concerning the placement of INVIBES ADVERTISING javascript and related functionalities and cookies on the browser of the visitor of Your website. Whatever the circumstances, You have to take all measures to be and remain compliant with the Instructions provided by INVIBES ADVERTISING especially regarding consent options offered to the visitors of Your website.
3.15. Furthermore, upon request of its clients, INVIBES ADVERTISING inserts third party scripts (“Ad verification partners”) into its advertising campaigns to verify the good functioning of Ads by third parties. INVIBES ADVERTISING will supply You with a regular list of such third parties to update the list in Your Terms of Use. Whatever the circumstances, You have to take all measures to be and remain compliant with applicable law governing the collection and processing of personal data under such Ad verification partners scripts.

List of third party ad verification tools

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 certain information and action containing personal data registered on Your Account may be collected, processed and stored in accordance with our privacy policy.
4.3. As a consequence, INVIBES ADVERTISING will be data controller of any personal data generated through your Account. Such processing of personal data will be submitted in accordance with our privacy policy.
4.4. All information on Your Account 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 and/or damage of information and/or personal data, which results from the lack of conformity with the obligation to keep the Account password, confidential. You must immediately 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 – except as permitted pursuant to applicable law without prior notice -all Accounts which infringe the Agreement and/or are suspected to be fraudulent. In particular, INVIBES ADVERTISING reserves the right to immediately close Your Account prior to a 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: contact@invibes.com. 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. The deletion of personal data will be carried out in accordance with the provisions of our privacy policy.
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, especially in accordance with our privacy policy.

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. Payout shall be based on records of websites (URL’s) registered by You on Your Account as of date such registration.

If the payout is less than 50 euro in any given month, the payout will be added to the payout of the next month until the minimum of 50 euro is reached.

For Your information, INVIBES ADVERTISING will not be considered as an intermediary advertising provider and as such, is not submitted to the reporting obligations or any other provisions under the specific applicable French regulation (the “Loi Sapin”) or any comparable specific regulation the country you are using this program from or where your business is situated has.

5.2. INVIBES ADVERTISING shall not be liable for any payment based on:

(a) any amounts which result out of invalid queries, or invalid clicks or impressions on Ads generated by any person, bot, automated program or similar device, as reasonably determined by INVIBES ADVERTISING, including without limitation, through any clicks or impressions

originating from Your IP addresses or computers under Your control,
solicited by payment of money, false representation, or request for end users to click on Ads, or
solicited by payment of money, false representation, or any illegal or otherwise invalid request for end users to complete referral events;

(b) Ads or referral buttons delivered to end users whose browsers have javascript disabled;

(c) Ads benefiting charitable organizations and other placeholder or transparent Ads that INVIBES ADVERTISING may deliver; or

(d) clicks co-mingled with a significant number of invalid clicks described in (a) above, or as a result of any breach of this Agreement by You for any applicable pay period.

INVIBES ADVERTISING reserves the right to withhold payment or charge back Your account due to any of the foregoing reasons or any breach of this Agreement by You, pending INVIBES ADVERTISING's reasonable investigation of any of the foregoing or any breach of this Agreement by You, or in the event that an advertiser whose Ads are displayed in connection with Your Property(ies) defaults on payment for such Ads to INVIBES ADVERTISING.

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 Publisher 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 excluded.
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 Publisher. 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. Adaptations, changes and improvement of the services

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.

7. Intellectual property

7.1. 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, Reigerstraat 8, 9000 Ghent, 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 – provided that the statutory prerequisites are fulfilled might be subject to criminal sanctions.
7.2. 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 rightholder.
7.3. Publisher Data 
Publisher’s Properties provide for and contain information, content and data (“Publisher Data”) prior to and during the implementation of the Services in virtue of the Agreement.Publisher Data is and remains the exclusive property of the Publisher and this Agreement shall in no way be interpreted as a possible transfer or a license of intellectual property rights regarding the Publisher Data.However, for the sole needs related to the execution of the Agreement, the Publisher hereby grants INVIBES ADVERTISING the right to access its Properties.In this respect, the Publisher grants to INVIBES ADVERTISING a non-exclusive, worldwide, royalty-free license to access its Properties and to host, cache, route, transmit, store, copy, modify, distribute, perform, and display any relevant technologies solely for the purpose of performing the Services provided for in the Agreement.
7.4. Processed data (“Invibes Data”)
‍ By implementing the Services mentioned in Article 2 through access to Publisher’s Properties, INVIBES ADVERTISING processes and generates information, Content and data (“Invibes Data”). The Publisher 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 Publisher 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 – provided that the statutory prerequisites are fulfilled - subject to criminal sanctions.

8. Contracting party, choice of law and location for resolving disputes

8.1. To the maximum extent permitted pursuant to applicable by law, 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 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.
8.2. To the maximum extent permitted by applicable law, You acknowledge that You bear all risks arising out of the use or performance of the Program. 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 applicable law regarding the Content.
8.3. 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: support@invibes.com.

9. General legal provisions

9.1. In case of intent or gross negligence on our part or by our agents or assistants in performance of the Services we are liable according to the provisions of applicable law; the same applies in case of breach of material contractual obligations, to the extent a breach of contract is unintentionally our liability for damages shall be limited to the typically foreseeable damage,
9.2. However, we shall not be liable (on whatever legal grounds) for damages which may not reasonably be foreseen, assuming a normal and authorized use of the Services. Furthermore, our liability shall be excluded for damages resulting out of a loss of data to the extent that data recovery is not possible or impeded due to a failure to perform appropriate data back-up procedures. These limitations shall not apply in case of intent.
9.3. Any liability not expressly provided for above shall be disclaimed.
9.4. Our liability for culpable damage to life, body or health as well as our liability under any specific Product Liability Act the country you are using this program from or where your business is situated has shall remain unaffected.

10. Contracting party, choice of law and location for resolving disputes

10.1. If you are using the Program from, or if your business is in Europe, except for France, Spain, Germany, Switzerland, Italy, Belgium, the United Kingdom, the Netherlands, the Czech Republic, Poland, Sweden, Norway or Denmark, 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 Reigerstraat 8, 9000 Ghent, 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.
10.2. 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.
10.3. 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.
10.4. 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 Theatiner Str. 45, 80333 München, Germany and this Agreement is governed by German law, except for its conflict of laws principles. This Agreement is exclusively governed by German law without prejudice to any mandatory conflict of laws provisions. The provisions of the UN Convention on the International Sale of Goods (CISG) shall not apply. 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.
10.5. 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.
10.6. 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.
10.7. 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.
10.8. 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.
10.9. If you are using the Program from or if your business is in the Netherlands, you're contracting with INVIBES NETHERLANDS BV, a private company incorporated under the laws of the Netherlands having its registered office and principal place of business at KNSM-laan 171, 1019LC Amsterdam, Netherlands, and this Agreement is governed by Dutch law, except for its conflict of laws principles. In any claim or dispute between You and INVIBES NETHERLANDS 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 Amsterdam, Netherlands, having subject matter jurisdiction.
10.10. If you are using the Program from or if your business is in the Czech Republic, you're contracting with INVIBES ADVERTISING CZECH REPUBLIC, a private company incorporated under the laws of the Czech Republic having its registered office and principal place of business at Ovocny trh 1096/8, stare Mesto, 11000 Prague, Czech Republic, and this Agreement is governed by Czech law, except for its conflict of laws principles. In any claim or dispute between You and INVIBES ADVERTISING CZECH REPUBLIC 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 Prague, Czech Republic, having subject matter jurisdiction.
10.11. If you are using the Program from or if your business is in Poland, you're contracting with INVIBES POLAND SPÓŁKA Z OGRANICZONĄ ODPOWIEDZIALNOŚCIĄ, a private company incorporated under the laws of Poland having its registered office and principal place of business at Ul. Przyokopowa 33 01-208 Warsaw, Poland, and this Agreement is governed by Polish law, except for its conflict of laws principles. In any claim or dispute between You and INVIBES POLAND SPÓŁKA Z OGRANICZONĄ ODPOWIEDZIALNOŚCIĄ 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 Warsaw, Poland, having subject matter jurisdiction.
10.12. If you are using the Program from or if your business is in Sweden, you're contracting with INVIBES NORDICS AB, a private company incorporated under the laws of Sweden having its registered office and principal place of business at c/o Leinonen, Sankt Eriksgatan 63B, 112 34, Stockholm, Sweden, and this Agreement is governed by Swedish law, except for its conflict of laws principles. In any claim or dispute between You and INVIBES NORDICS AB 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 Stockholm, Sweden, having subject matter jurisdiction.
10.13. If you are using the Program from or if your business is in Norway, you're contracting with INVIBES NORWAY AS., a private company incorporated under the laws of Norway having its registered office and principal place of business at Arbins Gate 4, 0253 Oslo, Norway, and this Agreement is governed by Norwegian law, except for its conflict of laws principles. In any claim or dispute between You and INVIBES NORWAY AS. 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 Oslo, Norway, having subject matter jurisdiction.
10.14. If you are using the Program from or if your business is in Denmark, you're contracting with INVIBES DENMARK APS, a private company incorporated under the laws of Denmark having its registered office and principal place of business at c/o Baker Tilly Revisionspartnerselsk., Poul Bundgaards Vej 1, 1, 2500 Valby, Denmark, and this Agreement is governed by Danish law, except for its conflict of laws principles. In any claim or dispute between You and INVIBES DENMARK APS 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 Copenhagen, Denmark, having subject matter jurisdiction.
10.15. If you are using the Program from or if your business is outside Europe, except for the United Arab Emirates and South Africa, 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 the State of New York, USA, having subject matter jurisdiction.
10.16. If you are using the Program from or if your business is in the United Arab Emirates (UAE), you're contracting with INVIBES ADVERTISING FZ-LLC, a private company incorporated under the laws of the UAE having its registered office and principal place of business at SEO100 BLDG 08-CO Work, Dubai Media City, UAE, and this Agreement is governed by Emirati law, except for its conflict of laws principles. In any claim or dispute between You and INVIBES ADVERTISING FZ-LLC 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 Dubai, UAE, having subject matter jurisdiction.
10.17. If you are using the Program from or if your business is in South Africa, you're contracting with INVIBES ADVERTISING SOUTH AFRICA LTD, a private company incorporated under the laws of South Africa having its registered office and principal place of business at 10 Buffalo Road, Gallo Manor Sandton, 2196 Gauteng, South Africa, and this Agreement is governed by South African law, except for its conflict of laws principles. In any claim or dispute between You and INVIBES ADVERTISING SOUTH AFRICA LTD 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 South Africa, having subject matter jurisdiction.

11. General legal provisions

11.1. Your enrolment in the Program does not require any duration commitment so that You may terminate this Agreement with our without cause at anytime.
11.2. However, upon termination of the Agreement, all provisions of the Agreement regarding intellectual property rights related to the Content displayed on the Platform or Intellectual Property Rights of INVIBES ADVERTISING shall survive.
11.3. 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.
11.4. 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.
11.5. 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.
11.6. 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.
11.7. 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.
11.8. 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.
11.9. 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.

12. Privacy policy publishers

INVIBES ADVERTISING is an international technology company in the field of digital advertising. In this context INVIBES ADVERTISING is committed to protect and safeguard your personal data and that of the visitors of your website (Visitor(s)’). INVIBES ADVERTISING has taken all necessary steps to comply with the provisions of the Regulation (EU) 2016/679 of the European Parliament and of the Council dated April 27, 2016 and applicable as of May 25, 2018 (the “GDPR”).

INVIBES ADVERTISING is part of an international company group of which the head group office (INVIBES ADVERTISING NV) is located at Reigerstraat 8, 9052 Ghent, BELGIUM, being a private company incorporated under the laws of Belgium and registered under company number BE 0836.533.938. This Privacy Policy is applicable in the context of the activities of our head group office and all associated regional subsidiaries of our company group within the EU, with regard to the processing mentioned under title 2.

INVIBES ADVERTISING has appointed an external Data Protection Officer (“DPO”). Should you have any questions, requests or recommendations regarding data protection in the context of our activities in the field of digital advertising, please contact INVIBES ADVERTISING or our DPO directly, whichever you prefer, via the following contact details:

Internal contact: contact@invibes.com 
External DPO: dpo@invibes.com

12.1 DESCRIPTION AND PURPOSE OF DATA PROCESSED BY INVIBES ADVERTISING

This Privacy Policy is applicable on anyone who participates in one of INVIBES ADVERTISING programs as a Publisher, and on the related processing of personal data with INVIBES ADVERTISING as controller under the GDPR. When the Publisher is a legal person, we still process data from our contacts at these entities, or from their representatives.

Furthermore, this Privacy Policy sets out the rights and obligations to which INVIBES ADVERTISING and the Publisher commit themselves in relation to the processing of personal data from Your Visitors in the context of the Service. You agree that for these processing activities, INVIBES ADVERTISING and the Publisher qualify as separate data controllers under the GDPR and are each responsible for their own processing operations in the context of the Service. 

12.2 DATA COLLECTED ABOUT THE PUBLISHER

When you register to participate in one of INVIBES ADVERTISING programs as Publisher, we obtain the following personal data of the publisher:

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.
Statistical data of the use of our website by you.

You agree that, depending on the nature of the data collected, INVIBES ADVERTISING and the Publisher are reciprocally data controller.

12.2.1 Lawful processing grounds

We may process your personal data based upon the following legal bases as provided for in the GDPR (see each subtitle), and for the following purposes (see the list under each subtitle):

^{A. Legal obligation:}

To comply with the obligations imposed on INVIBES ADVERTISING in the context of legal and administrative obligations;
to comply with tax and accounting obligations;
to comply with money laundering legislation.

This list is not exhaustive and subject to change.

B. Necessary for the establishment or performance of a contract(or our legitimate interests, when no direct contract is or will be in place between us):

^{Pre-contractual phase:}

Contacting you, responding to a request, negotiating;
providing and/or requesting information in the context of concluding an agreement;
drawing up agreements.

^{Contractual phase:}

Customer management;
supplier management;
performance of the contractual assignment (provision of advertisement services, administration, billing, ...).

C. Legitimate interests of INVIBES ADVERTISING

Contacting existing customers for commercial purposes or sending out marketing communications for similar services (this may be alternatively based on your consent, should you explicitly request such communications);
improving the quality of the service, training employees and evaluating and maintaining data and statistics that relate to the activities of INVIBES ADVERTISING in the broad sense;
the retention and use of evidence in the context of our potential liability, proceedings or disputes and with a view to archiving the activities of the company;
guaranteeing safety, both online and in our company buildings.

When processing personal data on the basis of our legitimate interests for the above purposes, INVIBES ADVERTISING carefully balanced its interests against yours to ensure we invoke this legal basis in a valid way.

12.2.2. Third parties receiving your data

Your data will always be treated confidentially, and not be traded, sold, rented or passed on to third parties except in the context of our contractual relationship or a specific assignment, pursuant to legal obligations or with your consent.

Specifically, we may transfer your data, to the following third parties for the following purposes and based upon the following legal bases:

postal and delivery companies regarding your contact and address details for the purpose of delivering mail to you;
the processors who assist us in the IT field in the provision of our advertisement services and our related commercial activities, such as data centre operators;
payment service providers for processing any transactions between us;
other relevant entities involved in the provision of our advertisement services, as customer or business partner, such as publishers or data providers;
our independent contractors, external representatives and consultants, when necessary for the provision of our services, or for fulfilling our co-operation obligations;
Legal basis (for all of the above): the establishment or performance of our contract, or our legitimate interests when no direct contract is or will be in place between us and for any marketing communications based on our existing relationship.
governmental bodies and practitioners of regulated professions such as accountants and lawyers, in order to comply with our legal obligations as a company, and the efficient defence of our interests in the event of any legal dispute, with regard to the data that is strictly necessary for achieving this purpose. Should it occur that INVIBES ADVERTISING must disclose your personal data as a result of a court order or in order to comply with mandatory laws and/or regulations, INVIBES ADVERTISING shall make reasonable endeavours to notify you of this in advance, unless this is subject to statutory restrictions.

12.2.3. Location of the data

INVIBES ADVERTISING strives to handle and store your personal data within the European Economic Area (EEA) at all times. We will not transfer any personal data of EU residents to the establishments of INVIBES ADVERTISING outside of the EEA, nor to any third parties outside the EEA.

12.2.4. Duration of the storage

The personal data is stored by INVIBES ADVERTISING for a period that is necessary in function of the purposes of the handling, in particular as long as necessary for the efficient performance of our contract. After the termination of our business relationship, we will keep your data for a reasonable period in order to have the relevant information available in the event of a dispute or in light of our potential liability, and to meet our legal obligations as a company (e.g. your data that may to a limited extent be included in our accounts, will be kept for at least 7 years). Data that is not or no longer necessary in view of this paragraph will be deleted.

12.2.5. Security measures

INVIBES ADVERTISING has implemented appropriate security measures which have been adjusted at the technical and organisational level to prevent the destruction, loss, falsification, modification, unauthorized access or the erroneous disclosure to third parties of personal data as well as any other unlawful storage of this data.

In any case, INVIBES ADVERTISING will make sure:
to keep up to date records of data processing activities;
to limit the access to data to specific authorized staff only;
to implement all necessary technical and organizational measures, safeguards and mechanisms ensuring the protection of personal data, and especially appropriate measures to ensure its confidentiality and preventing unauthorized access;
that such data is not shared with any unauthorized third parties;
that your IP address in the context of a visit to our websites will be processed only on country and city level and will only be stored in an anonymized way and used for security and debugging reasons.

12.2.6. Data subject rights

The GDPR provides you as a data subject with various rights with regard to the personal data we store from you, as listed hereunder. You can exercise any of these rights by contacting INVIBES ADVERTISING or its DPO to this end, via the contact details provided under title 1 of this Privacy Policy.

If we have reasonable doubts about your identity, we will ask you to provide us with documents that allow you to identify yourself, such as a copy of the front of your identity card or a similar document. We do so to prevent your data from ending up in the wrong hands. It is sufficient that your name and date of birth are clearly legible on such a copy, which will be deleted after identification. In normal circumstances, you can expect a substantive answer to your request or complaint within one month. In case of complex or a high number of requests, this period can be extended to 3 months, in which event you will be notified of the reasons for the delay. 

12.2.6.1 Rights of access and copy

You have the right to access your personal data and to obtain a copy of it, as well as the right to be further informed about the use of your personal data. 

12.2.6.2 Rights 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 personal data or a request for the erasure of personal data may have as a consequence that certain services can no longer be delivered. It is also possible that we still need your data in function of an ongoing agreement, or when retaining your data for a certain period is legally required (e.g. in relation to tax obligations).

You may also request that the processing of your personal data is restricted, to temporarily stop the processing, for example until there is certainty about the correctness of the data.

12.2.6.3 Right to object

You have the right to object to the processing of your personal data for serious and legitimate reasons, where the processing is based on our legitimate interests. 

In addition, you always have the right to object to the use of your personal data for direct marketing purposes; this right applies regardless of the legal basis we invoke for such processing and in such case we will always have to comply with your request, which requires no further reasons or motivation as referred to above. For newsletters or other marketing communications that you receive from us via e-mail, you can simply exercise this right by clicking the unsubscribe link at the bottom of each such message.

12.2.6.4 Right to data portability

You have the right to obtain the personal data we process from you based upon an agreement or your consent, in a structured, commonly used and machine-readable format and/or to have such data transferred to other controllers.

12.2.6.5 Right to withdraw consent

Insofar as the processing is based on your consent, you have the right to withdraw this consent at any time by contacting us via the contact details provided under title 12 of this Privacy Policy. For newsletters or other marketing communications that you receive from us via e-mail, you can simply exercise this right by clicking the unsubscribe link at the bottom of each such message.

12.2.6.6 Right to lodge a complaint with a supervisory authority

You always have the right to lodge a complaint with your supervisory authority in the field of data protection.

INVIBES ADVERTISING has its head group office in Belgium and thus falls within the primary competence of the Belgian Data Protection Authority as its lead supervisory authority in relation to any cross-border processing of personal data. You can find the relevant information on this authority below:

Belgian Data Protection Authority 
Adress: Drukpersstraat 35, 1000 Brussels, BELGIUM 
Telephone: +32 (0)2 274 48 00 
Fax: +32 (0)2 274 48 35 
E-mail: contact@apd-gba.be 
Website: click here

However, you are free to lodge a complaint with the national supervisory authority of your own EEA state, as individually listed on the website of the European Data Protection Board.

12.3 DATA PROCESSED FROM YOUR VISITORS

12.3.1 No opt-in required

INVIBES ADVERTISING may collect statistical data regarding the usage of Your Website pages by Your Visitors, also without obtaining any Visitors’ explicit consent.

Such collected information will be used for Visitors not having given explicit consent to ad targeting to offer contextual advertising and to record performance of specific advertising campaigns on Your Website. Such non-specific user targeting is a targeting method based upon non-user specific usage statistics of Your Website’s.

In such case, data collected may include, but are not limited to the following data: IP address; Device ID; Browser characteristics; Web usage; Interactions on Publisher website; Interactions with Ads, general Navigational data and if available anonymized user specific login session information communicated by You to INVIBES AVERTISING using the appropriate instructions provided by INVIBES ADVERTISING.

The IP address will only be processed regarding country and city level and will be stored in an anonymized way.

The country and city level data and all other collected data is not regarded as personal data in the sense of the GDPR because it is not possible to identify directly or indirectly a person by those data.

By default, INVIBES ADVERTISING will only place cookies for functional and navigational purposes. By default, and without consent of the Visitors, INVIBES ADVERTISING will not store, nor cross-match user specific statistics over third party data, even if this would be technically possible.

12.3.2 User Opt-in required

The Publisher should in any case ask for a specific consent when behavioural advertising is conducted on their website. The consent should be compliant with GDPR and other applicable or local privacy legislation, for example by using third party tools which are supported by the IAB Europe’s Transparency & Consent Framework. The consent must be demonstrable to INVIBES ADVERTISING on request.

INVIBES ADVERTISING can in no case be held responsible if no consent or no legal consent is asked. It lies with the responsibility of the Publisher to make sure such third party tools function correctly and only communicate to INVIBES ADVERTISING validly Opted-in to INVIBES Visitors. 

You are hereby informed that a specific consent is required for Visitors-specific ad targeting methods such as, but not limited to, behavioral 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 to adhere to INVIBES user-specific targeting methods.

It is Your responsibility to exclusively communicate to INVIBES ADVERTISING such Visitors that have validly Opted-in to INVIBES Visitors-specific targeting methods and explain to said Visitors the consequences of such opt-in in accordance with the present Terms. 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.

List of cookies set by Invibes

In such case, INVIBES ADVERTISING will use Visitor’s personal data to target specifically certain Visitors to certain Ads. Such targeting method may make use of third party data sources for which INVIBES ADVERTISING also received, via such third party, the Visitor opt-in to INVIBES visitor-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.

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 a maximum of thirteen (13) months after its placement for every individual Visitor, unless said Visitor has renewed its consent. With no consent renewal, Visitor is automatically opted-out from Visitors-specific targeting methods.Its data is deleted automatically.

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.

Furthermore, upon request of its clients, and upon Opt-in of a Visitor, INVIBES ADVERTISING inserts third party scripts (“Data management platforms”) into its advertising campaigns to enable user targeted campaigns by such third parties. Such third party may analyse, combine received data with other data he owns or controls and otherwise such received data for our business purposes, including, but not limited to, use in connection with marketing products and services through online behavioural advertising.

List of third party data management platforms

12.3.3 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. These security measures are analogical to those listed under title 12.2.2

Under no circumstances can INVIBES ADVERTISING be held liable for any direct or indirect loss resulting from the incorrect or unlawful use of the personal data from the Publisher’s website visitors by the Publisher or any third party, without prejudice to article 82 GDPR.

12.3.4. Obligations of the publisher as separate controller

It is the responsibility of the Publisher to post a privacy policy which provides clear and complete information regarding the functionalities described in Article 12.3.2, in particular regarding the following issues, but not limited thereto:

the kind of 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.

Furthermore, the Publisher commits to publish the relevant privacy policy of INVIBES ADVERTISING on its website, where consent is requested for the processing described under title 12.3.2.

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 Publisher 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 Publisher 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 can not 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 separate data controllers, they both expressly acknowledge and agree that:

they are each in charge of providing sufficient and transparent information and notification regarding data collected and data processing;
each Party ensures its own GDPR conformity.
the Publisher contractually takes on the obligation to collect appropriate consent with the data subjects for the processing mentioned under title 12.3.2 as initiated on the Publisher’s Website;
The Publisher is solely in charge, in relation to its Website, of providing appropriate means to allow the concerned person to exercise their rights.

12.3.5. Data hosting provider and data transfer outside the eu

All data processed by INVIBES ADVERTISING is covered by GDPR compliant data hosting providers. 

The Publisher agrees, and has to inform the data subjects that their personal data may be transferred to the subcontractors of INVIBES ADVERTISING as identified under title 12.2.2. In this respect, INVIBES ADVERTISING commits to process the personal data of your Visitors within the European Economic Area (EEA) at all times.

List of subcontractors for GDPR purposes

12.3.6. Data retention

The information collected and processed by INVIBES ADVERTISING from your Visitors 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.

12.3.7. Data subject rights

The Publisher is responsible to offer the opportunity for the Users of Publishers websites to exercise their data subject rights.

Appendix 1 to the invibes advertising publisher program terms

Billing mandate 
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: MandateThe Publisher or any representative of the Publisher 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 Publisher and in accordance with the provisions of corresponding Articles of the applicable tax law. Article 2: Purpose of MandateUnder this Agreement, INVIBES ADVERTISING will provide the name and on behalf of the Publisher, the invoices representing the payout owed under this Agreement and for the duration of the contract. 
Article 3: InformationThe Publisher will provide all the tax information required under applicable law to enable INVIBES ADVERTISING to prepare such invoices, including its registration number for VAT.The Publisher 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: ResponsibilityThe Publisher retains full responsibility for its obligations in billing and all related consequences with regard to VAT, being recalled that the Publisher is liable for the VAT, if any, pursuant to applicable tax law.This mandate does not in any way exempt the Publisher 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 Publisher. Article 5: Duties of the PublisherThe Publisher 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 Publisher will claim without delay a duplicate of the invoice in case it has not been received.

APPENDIX 2 Publisher and INVIBES ADVERTISING NV specific GDPR obligations

The Publisher (hereinafter “the Data Controller”) and INVIBES ADVERTISING NV (hereinafter, the "Data Processor"), specifically agree on the following.The Data Controller and the Data Processor are hereafter collectively referred to as the “Parties”, and individually as a “Party”. 

I. Purpose 
The purpose of this Appendix is to supplement the conditions under which the Data Processor undertakes to perform, on behalf of the Data Controller, personal data processing operations as defined in the data controller Terms and Conditions Agreement (hereinafter, the “Agreement”).In the event of contradictions or interpretation difficulties between these two documents, the Agreement will prevail.In the context of their contractual relations, the Parties are committed to comply with the current regulations applicable to personal data processing and notably Regulation (EU) 2016/679 of the European Parliament and of the Council dated April 27, 2016 and applicable as of May 25, 2018.(hereinafter "the European Data Protection Regulation").
2. Description of the data processed under this Agreement 
The Data Processor is authorized to process, on behalf of the Data Controller, personal data that is necessary to provide the service(s) as referred to in Article 2 of this Agreement.The nature of the operations performed regarding the data, the purpose(s) of the processing, the personal data processed and the categories of persons targeted are described in Articles 3 and 7 of the Agreement.For the execution of the services subject to the Agreement, the Parties shall respectively apply the provisions referred to in Article 7, “Privacy Policy Regarding Data Collection”.

III. Obligation of the Parties

The Parties undertake to:

1. process the data solely for the purpose(s) of this Agreement. 
2. immediately inform the other Party as soon as it considers that an instruction constitutes a violation of the European Data Protection Regulation or any other provision of European Union law, or of the data protection law of a Member State. In particular, should the Publisher consider that an Instruction is not GDPR compliant, it shall immediately remove it from its Website. 
3. guarantee the confidentiality of the personal data processed within the framework of this Agreement. 
4. ensure that the authorized persons processing personal data under this Agreement:

o commit to respect confidentiality or are subject to an appropriate legal obligation of confidentiality;
o receive the necessary training in the field of personal data protection.

5. take into account the principles of data protection as of the conception and the protection of data by default when it comes to its tools, products, applications or services. 
6. Out sourcing.

The Data Processor may use another data processor (hereinafter referred to as "the Subsequent Data Processor") to carry out specific processing activities. In this case and upon specific written request, it will send a complete list of the outsourced processing activities, including the Subsequent Data Processor's identity and contact information and the dates of the outsourcing contracts.In any case, the Subsequent Data Processor is required to comply with the obligations of this Agreement and shall provide the same guarantees regarding the implementation of appropriate technical and organizational measures to meet the requirements of the European Protection Regulation Data.

1. Right of information of the concerned persons 
It is the responsibility of the Data Controller to provide to the concerned persons all relevant information regarding the data processed at the time of data collection.

1. Exercise of the Visitor's rights 
If possible and relevant, the Data Processor should assist the Data Controller in fulfilling its obligation to positively answer any requests concerning the exercise of the Visitor's right to access, rectify, erase and object, the data processing limitation right, the data portability right and the right to not be the subject of an individual automated decision (including profiling).In particular, the Data Processor shall assist the Data Controller upon specific request and provided a sufficient prior notice is given.

1. Notification of personal data violation 
The Parties undertake to communicate to each other, by any useful means, any notification of a personal data breach within the best delays after having been informed of such a breach. Along with this notification shall be annexed all relevant documentation to enable the other Party, if necessary, to notify the relevant supervisory authority of such a violation, and when required, to the concerned person.The Parties acknowledge and assume that such notification of data breach is required in case of loss of data lost or divulgation of data, or when data is illegally accessed to, whatever the cause may be.Should such a data breach appear, the Data Processor commits to undertake all possible measures to secure its systems and limit all possible negative consequences.

1. Data Transfer outside of the
EU The Data Controller acknowledges and assumes that Data may be transferred outside of the EU, in particular when hosted with data hosting provider, as Subsequent Data Processor, for example located in the US.In such a case, the Data Processor ensures that said Subsequent Data Processor complies with GDPR requirements and adheres for instance to the “Privacy Shield”.

1. Security precautions 
‍The Data Processor undertakes to implement the following security measures, according to the state of art of relevant technologies, and in consideration of the costs, scope, context, and means of such measures, and also considering the possible risks of attempt to the rights of the concerned persons related to such data processing:

ensure the pseudonymisation and encryption of personal data, it being specified that it is the responsibility of the Data Controller to transmit, according to the Instructions, anonymized data using the anonymization tools put at his disposal by the Data Processor;
implement ways to ensure the ongoing confidentiality, integrity, availability and resilience of treatment systems and services regarding Invibes Data for INVIBES ADVERTISING and Publishers’ Data for the Publisher respectively;
implement means to restore the availability of personal data and access to it in good time in the event of a physical or technical incident for the Publisher;
implement a procedure to test, analyze and regularly evaluate the effectiveness of technical and organizational measures to ensure the safety of treatment;

The Data Processor undertakes to implement the security measures provided for by its internal code of conduct.

1. The fate of the Data 
Upon specific and documented request of Data Controller in the name of the concerned person, the Data Processor undertakes to destroy all personal data in the best delays.

1. Data Protection Officer 
The Data Processor informs the Data Controller that a data protection officer (DPO) has been appointed in accordance with Article 37 of the European Data Protection Regulation and shall be contacted if needed under the following contact details: Email:dpo@invibes.com. The DPO assigned, reports to the Belgian Data Protection Authorities located Rue de la Presse 35, 1000 Brussels.

1. Processing activities record 
The Data Processor declares to keep a record of all categories of processing activities performed on behalf of the Data Controller including:

the name and contact details of the Data Controller on whose behalf he acts, any subcontractors and, when applicable, the data protection officer;
the categories of processing carried out on behalf of the controller;
when appropriate, the transfer of personal data to a third country or to an international organization, including the identification of that third country or international organization and, in the case of transfers referred to in Article 49, second subparagraph of the European Data Protection Regulation, documents proving the existence of appropriate safeguards.

1. Documents 
Upon specific request, the Data Processor shall provide the Data Controller with the necessary documentation to demonstrate compliance with all its obligations and to enable audits, including inspections, to be carried out by the Data Controller or other auditor that he or she has mandated, and to contribute to these audits, subject to being informed 15 days in advance of the person in charge of the audit, the scheduled date of the audit and the precise purpose of the audit.Upon reception of this notification, the Data Processor may oppose the choice of the person in charge of the audit for confidentiality reasons and in any case may oppose the conduct of the audit if the prior 15 day prior notice is not respected or if the scope of the audit has not been precisely defined within these deadlines.Furthermore, any of the above mentioned requests under article 15 shall be covered by a specific confidentiality guarantee of the Data Controller and of any mandated person in charge of the audit.

1. Obligations of the Data Controller regarding the Data Processor

The Data Controller undertakes to: 
1. provide the Data Processor with the data referred to in this Agreement; 
2. to guarantee the lawfulness of the collection of consents according to GDPR, especially regarding obligations of information, transparency and consent; 
3. consider that the Terms are valid instructions concerning the data processing by Data Controller; 
4. ensure, in advance and throughout the duration of the processing, the respect of the obligations provided by the European regulation on data protection.

1. Joint Data Controllers 
Should the Parties be considered as joint data controller, they both expressly acknowledge and agree that:

The Publisher is solely in charge of providing sufficient and transparent information and notification regarding data collected and data processing;
The Publisher is solely in charge of collecting appropriate consent with the concerned person;
The Publisher 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;
Each Party shall immediately inform the other in case of any claim, request, audit, investigation of a third party, or of any authority and in particular of a supervisory authority, or in case of any event which would let suppose a possible breach of law regarding GDPR obligations.