Mobfox – Publisher Terms of Service

Updated: 02 March 2022

Effective from: 01 April 2022

1. AGREEMENT

The Mobile Advertising Network provided by Mobfox US LLC (“Service”), owned and operated by Mobfox US LLC and its affiliated companies under the name Mobfox (“Mobfox”), is provided to you (“Member”, “Publisher”) under the Terms and Conditions (“Terms”) of this Publisher Service Agreement and the Mobfox Guidelines for Publishers (collectively: the “Agreement”), and any amendments thereto and any operating rules or policies. Mobfox reserves the right, in its sole discretion, to change, modify, add or remove all or part of the Agreement at any time. If this Terms and/or any modification to this agreement is unacceptable to Member, Member’s only recourse will be to terminate this agreement as set forth herein. Member’s continued participation with the Service following Mobfox’s posting of a new agreement on Mobfox’s site will constitute a binding acceptance of the change.

1.1 By accepting the Terms of the Agreement, the Member:

(a) Represents and warrants that Member is of at least 18 years of age;

(b) Agrees to provide accurate, current and complete information about Member as prompted by the Account Registration Form;

(c) Agrees to maintain and update this information to keep it accurate, current and complete;

If any information provided by Member is inaccurate, not current or incomplete, Mobfox has the right to terminate Member’s account.

1.2 BY COMPLETING THE ACCOUNT REGISTRATION PROCESS, AND CLICKING THE “REGISTER” BUTTON, MEMBER AGREES TO BE BOUND BY THIS AGREEMENT AND ACKNOWLEDGES THE ESTABLISHMENT OF AN ACCOUNT ON BEHALF OF SUCH MEMBER (THE “ACCOUNT”).

2. DESCRIPTION OF SERVICE

The Service allows Publisher: (i) to offer and sell elements of a Digital Media (as defined below) that Publisher designates for placement of ads to any advertiser, demand side platform, advertising network or other participant with access to the Service (the “Advertiser(s)”); and (ii) access to data analytics, data enrichment and data processing and as a result access to targeted and unique digital ad inventory, subject to the terms and conditions set forth herein.

2.1 Editorial Review. Without derogating from any other provision in this Agreement, Mobfox reserves the right, without any obligation herein, to review each Digital Media individually, and has the right, to edit, refuse, reject or remove the Publisher’s Digital Media from the Service at any time and for any reason.

2.2 Technical Support. Members may receive technical help and resolve billing inquiries by contacting Mobfox Support via e mail (as written below). Should Member become dissatisfied with the Service in any way, Member’s will immediately contact Mobfox support by emailing directly to the relevant email address written below.

2.3 USE OF THE SERVICE SUBMISSIONS

By submitting material or web page listings to the Service (including information regarding the listing) you are irrevocably granting Mobfox, its licensees, and any entities in the Service, the right to use all parts of the material without limitation including, but not limited to, modifying it or using it commercially and authorizing others to do so.

3. MEMBER REPRESENTATIONS

Member represents and warrants that:

(a) Member is the legal owner of the assets that may include, without limitation, URL, mobile or CTV application, or any other digital media source (“Digital Media”) specified in his Account, an employee of the legal owner of the Digital Media or has obtained express written permission from the legal owner of the Digital Media in connection with the use of the Service with the aforementioned domain. Without derogating from any other provision in this Agreement, Member expressly agrees to indemnify Mobfox from any claims, losses, damages, including by any third party, arising from or in connection with the use of the Advertiser Service with the specified Digital Media.

(b) Member is the owner or is licensed to use the entire contents and subject matter contained in the Digital Media and/or any creative such as image, text, programming code, graphic content or any combination thereof (“Creative”);

(c) Member will fully comply with the Mobfox Publisher Guidelines [See Schedule A].

(d) Member will include the Mobfox SDK Minimum Privacy Terms (“Minimum Privacy Terms”), or substantially similar terms, as part of its end-user privacy policy. The Minimum Privacy Terms are attached to the Mobfox Publisher Guidelines [See Schedule B].

4. PRIVACY

Mobfox collects, stores and uses personal details of Member’s authorized users and contact persons in accordance with Mobfox’s privacy notice that is located at https://old.mobfox.com/privacy-policy/. To the extent that any end-user’s data includes personal data of individuals, then Mobfox’s Personal Data Protection Addendum (DPA), which is attached hereto as Annex A, and serves as an integral part thereof, applies and the parties agree to comply with its terms.

5. MOBFOX REPORT

5.1 During the Service, Member will be granted access and may view the online reports relating to its activity within the Mobfox reporting system (the “Report”), which during the relevant month are only estimated non-final numbers that may be changed or adjusted by Mobfox until 15 days after the end of the relevant month. At the end of the month the reports will be frozen and within 15 days will include the definitive numbers of earnings as maybe adjusted as aforesaid. Member agrees that Mobfox stats will be final and binding in every case and serve as the sole basis for the calculation of Member’s payments.

5.2. Notwithstanding the provisions of section 5.1 above, Google reporting system for applicable ad program will be a basis for calculations of the amounts due to the Publishers utilizing Google programs.

6. PUBLISHER PAYMENT

6.1 Depending on the type of integration, the payment to the Publisher will be made as follows:

6.1.1 Mobfox will credit the Publisher’s account with a payout for each action made by a visitor through the Publisher’s Digital Media (“Transaction”) on the basis of the agreed payout rate under the applicable ad program. Mobfox will pay to the Publisher by wire or any other available payment method any amounts due to Publisher, approximately 60 days after the end of the month, to the extent proceeds have cleared from Advertiser to Mobfox. Publisher shall pay all applicable fees, taxes, commissions, transaction fees or the like in connection with such payment.

Mobfox may, at Mobfox’s sole discretion, apply an estimated number of payouts if: (i) the Publisher is referring visitors to Advertiser as verified by clicks through links to Advertiser with Mobfox’s Report, (ii) in the case of an error in Advertiser’s transmission of the Report data to Mobfox, and (iii) in an instance in which Mobfox is able to utilize a historical analysis of the Publisher promotion of Advertiser in order to determine an equitable number of estimated payouts.

If Publisher does not earn the minimum amount in a month, the balance will be carried forward until such time as the minimum amount is earned or until this Agreement is terminated. The Publisher acknowledges that the minimum amount may vary based upon the applicable currency being used and that the binding minimum amount will be the amount listed in Mobfox’s system as may be updated from time to time. Publishers are responsible for ensuring that their bank details and address are correct in their Mobfox Account details in order to receive payment.

6.1.2 Notwithstanding the provisions of section 6.1.1 above, payments to the Publishers utilizing Google Ad Manager or other Google programs will be made by Google per the payment agreement specific to Ad-Manager Open-Bidding between Google and Mobfox for each Transaction on the basis of the agreed payout rate under the applicable ad program. Publisher shall pay all applicable fees, taxes, commissions, transaction fees or the like in connection with such payment.

6.2 Notwithstanding the aforesaid, Mobfox reserves the right to reclassify any Transactions and reduce any payments due to Publisher because of any claims, demands, offsets or the like made by Advertisers for invalid events, technical errors, tracking discrepancies or similar events that produce invalid results, even if the applicable Transaction was originally approved. Mobfox will compile, calculate and electronically deliver to Publisher the relevant data required to determine Publisher’s billing and compensation. The Publisher acknowledges that payments are based on the Report and hereby waives any claim and/or demand towards Mobfox as a result of discrepancy between the Report and any other similar tracking system.

In addition, and without derogating from any other right under this Agreement, Advertiser or Mobfox may apply a debit to the Publisher’s account in circumstances of: (i) duplicate entry or other clear error; (ii) non-bona fide transactions; (iii) non-receipt of payment from, or refund of payment to the visitor by the Advertiser; or (iv) Publisher failure to comply with Advertiser’s program terms or other agreement with Advertiser (“Chargeback”). Chargebacks may be applied to the Publisher’s Account at any time, including previous payment cycles within 3 (three) months from such Chargeback event.

6.3 Mobfox reserves the right to change payment dates and amounts, at any time, with or without prior notification to Member, which may be posted on the Service website, in Member’s Service account, or emailed to Members.

7. CLICK FRAUD

All ad campaigns are monitored for fraudulent and/or otherwise non-compliant activity by Mobfox. Publisher accounts believed to be responsible for fraudulent or non-compliant clicks will be automatically restricted from use of their Publisher area and investigated for click fraud. Any revenue believed to be generated by fraudulent or non-compliant clicks will be refunded to the Advertiser in good faith. CLICKING ON YOUR OWN AD SPACE COUNTS AS CLICK FRAUD AND WILL RESULT IN AUTOMATIC TERMINATION. Mobfox reserves the right to reject any or all requests for investigation of assumed click fraud or other non-compliant clicks by any Member at its sole discretion.

8. TERMINATION OF SERVICE

8.1 Termination by Mobfox:

Mobfox may terminate the Service with or without cause at any time, effective immediately and without prior notice. Mobfox may terminate a Member via written or email notice as necessary at Mobfox’s sole discretion. Mobfox will not be liable to Member or any third party for Termination of Service.

8.2 Termination by a Member:

Publisher may terminate this Agreement upon 48 hours prior written notice to Mobfox via email.

Upon termination of the Service, by Mobfox or by a Member, Member’s right to use the Service instantly ceases. Member will have no right, and Mobfox will have no obligation thereafter, to forward any information associated with Member’s Account.

8.3 TERMINATION FOR ILLEGAL OR OTHER ACTIVITY

Mobfox may, but has no duty to, immediately terminate Member and remove it from the Service servers if, in its sole discretion, Mobfox concludes that Member is engaged in illegal activities or the sale of illegal or harmful goods or services or is engaged in activities or sales that may damage the rights of Mobfox or which are not permitted under this Agreement or others. Any termination under this section will take effect immediately, and Member expressly agrees that it will not have any opportunity to cure.

8.4 WAIVER: Member expressly waives any statutory or other legal protection in conflict with the provisions of this section.

8.5 DELETION OF INFORMATION: Upon termination, Mobfox reserves the right to delete from its servers any and all information contained in Member’s Account including, but not limited to, order processing information, mailing lists, and any data generated by the Service software.

8.6 SURVIVAL: The following sections will survive any termination of this Agreement:  9, 10, 11, 15 and 16.

9. EXCLUSION OF WARRANTIES

9.1 EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, MEMBER EXPRESSLY UNDERSTAND AND AGREES THAT MEMBER USE OF THE SERVICE IS AT MEMBER’S SOLE RISK AND THAT THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT ANY WARRANTIES.

9.2 IN PARTICULAR, MOBFOX, ITS SUBSIDIARIES AND AFFILIATES, AND ITS LICENSORS DO NOT REPRESENT OR WARRANT TO MEMBER THAT:

(A) MEMBER USE OF THE SERVICE WILL MEET MEMBER’S REQUIREMENTS,

(B) MEMBER USE OF THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR FREE FROM ERROR,

(C) ANY INFORMATION OBTAINED BY MEMBER AS A RESULT OF MEMBER USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, AND

(D) THAT DEFECTS IN THE OPERATION OR FUNCTIONALITY OF ANY SOFTWARE PROVIDED TO MEMBER AS PART OF THE SERVICE WILL BE CORRECTED.

9.3 ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT MEMBER’S OWN DISCRETION AND RISK AND MEMBER WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO MEMBER AND/OR THIRD-PARTY COMPUTER SYSTEM OR OTHER DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.

9.4 NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY MEMBER FROM MOBFOX OR THROUGH OR FROM THE SERVICE WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS.

9.5 MOBFOX FURTHER EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

10. LIMITATION OF LIABILITY

10.1 MEMBER EXPRESSLY UNDERSTANDS AND AGREES THAT MOBFOX, ITS SUBSIDIARIES AND AFFILIATES, AND ITS LICENSORS WILL NOT BE LIABLE TO MEMBER AND/OR TO ANY THIRD PARTY FOR:

(1) ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL CONSEQUENTIAL OR EXEMPLARY DAMAGES WHICH MAY BE INCURRED BY MEMBER, HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY. THIS WILL INCLUDE, BUT NOT BE LIMITED TO, ANY LOSS OF PROFIT (WHETHER INCURRED DIRECTLY OR INDIRECTLY), ANY LOSS OF GOODWILL OR BUSINESS REPUTATION, ANY LOSS OF DATA SUFFERED, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR OTHER INTANGIBLE LOSS;

(2) ANY LOSS OR DAMAGE ARISING OUT OF THE SUBJECT MATTER OF THIS AGREEMENT, INCLUDING BUT NOT LIMITED TO LOSS OR DAMAGE AS A RESULT OF:

(A) ANY RELIANCE PLACED BY MEMBER ON THE COMPLETENESS, ACCURACY OR EXISTENCE OF ANY ADVERTISING, OR AS A RESULT OF ANY RELATIONSHIP OR TRANSACTION BETWEEN MEMBER AND ANY ADVERTISER OR SPONSOR WHOSE ADVERTISING APPEARS THROUGH THE SERVICE;

(B) ANY CHANGES WHICH MOBFOX MAY MAKE TO THE SERVICE, OR FOR ANY PERMANENT OR TEMPORARY CESSATION IN THE PROVISION OF THE SERVICE (OR ANY FEATURES WITHIN THE SERVICE);

(C) THE DELETION OF, CORRUPTION OF, OR FAILURE TO STORE, ANY CONTENT AND OTHER COMMUNICATIONS DATA MAINTAINED OR TRANSMITTED BY OR THROUGH MEMBER’S USE OF THE SERVICE;

(D) MEMBER’S FAILURE TO PROVIDE MOBFOX WITH ACCURATE ACCOUNT INFORMATION;

(E) MEMBER’S FAILURE TO KEEP HIS PASSWORD OR ACCOUNT DETAILS SECURE AND CONFIDENTIAL;

10.2 THE LIMITATIONS ON MOBFOX’S LIABILITY TO MEMBER IN PARAGRAPH 10.1 ABOVE WILL APPLY WHETHER OR NOT MOBFOX HAS BEEN ADVISED OF OR SHOULD HAVE BEEN AWARE OF THE POSSIBILITY OF ANY SUCH LOSSES ARISING.

10.3 MOBFOX’S LIABILITY TO MEMBER OR ANY THIRD PARTY IN ANY AND ALL CIRCUMSTANCE WILL NOT, FOR ANY REASON, EXCEED THE AGGREGATE PAYMENTS ACTUALLY MADE TO MEMBER OVER THE 3 MONTHS PERIOD PRIOR TO THE CLAIM. THIS LIMITATION OF LIABILITY IS APPLICABLE TO THE FULLEST EXTENT PERMITTED UNDER THE APPLICABLE LAW.

10.4 INDEMNIFICATION

Member hereby agrees to indemnify, defend and hold harmless Mobfox and its officers, directors, agents, publishers and employees from and against all claims, actions, liabilities, losses, expenses, damages, and costs (including, without limitation, reasonable attorneys’ fees) that may at any time be incurred by any of them by reason of any claims, suits or proceedings (a) for libel, defamation, violation of right of privacy or publicity, copyright infringement, trademark infringement or other infringement of any third party right, fraud, false advertising, misrepresentation, product liability or violation of any law, statute, ordinance, rule or regulation throughout the world in connection with the Digital Media; (b) arising out of any breach by Member of any duty, representation or warranty under any this Agreement; or (c) relating to a contaminated file, worm, virus, spyware, malware, adware, or trojan-horse or the like originating from Member’s Digital Media.

11. COPYRIGHT AND TRADEMARK POLICIES

Mobfox reserves the right to: (i) respond to notices of alleged copyright infringement that comply with applicable international intellectual property law and (ii) terminate the accounts of repeat infringers, including disclosure of relevant Member information when required and Member agrees and acknowledges that any such disclosure is hereby permitted and will not be deemed to violate any other term in this Agreement.

12. ADVERTISEMENTS

12.1 Some of the mobile websites/applications and/or other digital assets are supported by advertising revenue and may display advertisements and promotions. These advertisements may be targeted to the content of information stored on the mobile websites/applications and/or other digital assets, queries made through the mobile websites/applications and/or other digital assets or other information.

12.2 The manner, mode and extent of advertising by the Service on the mobile websites / applications and/or other digital assets are subject to change without specific notice to Member.

13. OTHER CONTENT

13.1 The mobile websites may include hyperlinks to other mobile websites or content or resources. Mobfox may have no control over any mobile websites or resources which are provided by companies or persons other than Mobfox.

13.2 Member acknowledges and agrees that Mobfox is not responsible for the availability of any such external sites or resources, and does not endorse any advertising, products or other materials on or available from such mobile websites/applications and/or other digital assets or resources.

13.3 Without derogating from sections 9-10 above, Member acknowledges and agrees that Mobfox is not liable for any loss or damage which may be incurred by Member as a result of the availability of those external sites or resources, or as a result of any reliance placed by Member on the completeness, accuracy or existence of any advertising, products or other materials on, or available from, such mobile websites/applications and/or other digital assets or resources.

14. CHANGES TO THE TERMS

14.1 Mobfox may make changes to the Service at any time. When these changes are made, Mobfox will make a new copy of the Agreement available at https://old.mobfox.com and be made available to Member from within, or through, the Service.

14.2 Member understands and agrees that if Member use the Service after the date on which the Agreement has changed, Mobfox will treat Member’s use as acceptance of the updated Agreement.

15. CONFIDENTIALITY

Member or Mobfox may provide the other with information that is confidential and proprietary to that party or a third party, as is designated by the disclosing party (“Confidential Information”). The receiving party agrees to make commercially reasonable efforts, but in no case less effort than it uses to protect its own Confidential Information, to maintain the confidentiality of and to protect any proprietary interests of the disclosing party. Confidential Information will not include: (i) information that is or becomes part of the public domain through no act or omission of the receiving party, or (ii) is lawfully received by the receiving party from a third party without restriction on use or disclosure and without breach of this Agreement or any other agreement without knowledge by the receiving party of any breach of fiduciary duty, or (iii) that the receiving party had in its possession prior to the date of this Agreement, or (iv) is disclosed pursuant to the order or requirement of a court, stock exchange, administrative agency, or other governmental body.

Member agrees that Mobfox may provide Member’s basic details Account and Member’s email to the publisher/advertiser or any third party.

16. NON-SOLICITATION

During the Term of this Agreement and for a period of one (1) years hereafter, Member will not knowingly solicit, directly or through third party, any advertiser/publisher that is obtained through the Service provided by Mobfox under this Agreement, and Member will not encourage any such advertiser/publisher to transfer from the Service. Without prejudice to any other right of Mobfox according to this Agreement and the applicable law, in the event Member directly solicit or cause to be transferred any advertiser/publisher, Member will pay Mobfox what Mobfox would have otherwise earned if Member had not violated this provision.

17. GENERAL TERMS

17.1 Sometimes when Member use the Service, Member may (as a result of, or through Member use of the Service) use a service or download a piece of software, or purchase goods, which are provided by another person or company. Member’s use of these other services, software or goods may be subject to separate terms between Member and the company or person concerned. If so, the Agreement does not affect Member’s legal relationship with these other companies or individuals.

17.2 The Agreement constitutes the whole legal agreement between Member and Mobfox and governs Member’s use of the Service (however excluding any services which Mobfox may provide to Member under a separate written agreement), and completely replace any prior agreements between Member and Mobfox in relation to the Service.

17.3 Mobfox will be entitled to freely assign any of its rights and obligations in connection with this Agreement or any subsequent business activity to any of its subsidiaries and/or affiliated companies or to a purchaser in the event of a sale to or acquisition, whether by merger, consolidation, reorganization or other similar transaction. This Agreement will bind and benefit the parties and their successors and permitted assigns.

17.4 Member agree that Mobfox may provide Member with notices, including those regarding changes to the Agreement, by email, regular mail, or postings on the Service.

17.5 Member agree that if Mobfox does not exercise or enforce any legal right or remedy which is contained in the Agreement (or which Mobfox has the benefit of under any applicable law), this will not be taken to be a formal waiver of Mobfox rights and that those rights or remedies will still be available to Mobfox.

17.6 If any court of law, having the jurisdiction to decide on this matter, rules that any provision of the Agreement is invalid, then that provision will be removed from the Agreement without affecting the rest of the Terms. The remaining provisions of the Agreement will continue to be valid and enforceable.

17.7 Member acknowledge and agree that each member of the group of companies of which Mobfox is the parent will be third party beneficiaries to the Agreement and that such other companies will be entitled to directly enforce, and rely upon, any provision of the Agreement which confers a benefit on (or rights in favor of) them. Other than this, no other person or company will be third party beneficiaries to the Agreement.

17.8 Member and Mobfox are independent contractors, and nothing in this Agreement will create any joint venture, agency, franchise, sales representative, or employment relationship between the parties. Member has no authority to make or accept any offers or representations on behalf of Mobfox. Member will not make any statement, on its website or otherwise, that reasonably would contradict anything in this section.

17.9 This Agreement, and your relationship with Mobfox under the Terms, will be solely and finally settled as follows:

(A) US Residents: Disputes with US residents will be governed by and be construed according to the laws of the State of California, without regard to the conflict of laws provisions thereto. Any dispute arising under or in relation to this Agreement will be exclusively resolved in the competent court in the county of Los-Angeles, California. EACH PARTY HEREBY IRREVOCABLY WAIVES, TO THE FULLEST LAWFUL EXTENT, ALL RIGHT TO TRIAL BY JURY IN ANY PROCEEDING RELATING TO THIS AGREEMENT, THE NOTES OR THE TRANSACTIONS THEY CONTEMPLATE.

(B) All other Jurisdictions: Disputes with the Members which are not residents of the US will be governed by and be construed according to the laws of England and Wales, without reference to conflict of laws principles. Without derogating from the Mobfox’s right to seek injunctive relief in any jurisdiction it may deem proper, both parties agree that all disputes between the parties in connection with or arising out of the existence, validity, construction, performance and termination of this Agreement (or any terms thereof), which the parties are unable to amicably resolve between themselves within 30 days, will be referred to arbitration in London in accordance with the Rules of Conciliation and Arbitration of the International Chamber of Commerce by one arbitrator appointed in accordance with the said rules. Said arbitration will be conducted in English and the arbitrator will be obligated to reason his/her decisions.

18. CONTACT DETAILS

If you have any questions regarding the Agreement, please contact us:

publishers@mobfox.com

Member confirms and agrees that Mobfox and its subsidiaries may use the information Member provides that it collects for any legal purpose, including but not limited to, advertising, promotion and other sales and marketing purposes (“Promotional Communications”). Mobfox and its subsidiaries may also share certain information with third-party advertising partners in accordance with its privacy policy available at the following URL: https://old.mobfox.com/privacy-policy/ and incorporated by reference hereto forming an integral part hereof. Member may opt-out from receiving Promotional Communications at any time, by following the instructions at the end of the applicable e-mail message or e-mail us at: PrivacyCompliance@mobfox.com

Member agrees and undertakes to fill and complete any consents which may require giving effect to Member’s consent as set forth above.

Schedule A

Mobfox Publishers Guidelines

Thank you for joining the Mobfox Mobile Monetization and Mediation Platform (“Platform“). We, Mobfox US LLC and its affiliated companies (“Mobfox”), own and operate the Platform. Mobfox is committed to a lawful and ethical service, pursuant to sound industry standards and practices.

To ensure the quality of our services, we have created the following Publisher Guidelines. Compliance with our guidelines will demonstrate your commitment to provide services while maintaining the highest standards of professionalism, integrity and fairness.

You hereby commit to fully comply with the following guidelines.

In these guidelines –

“You” includes your employees, contractors, partners, affiliates, agents and any other person who acts on your behalf.

“Laws” include all applicable laws, rules, regulations, ordinances, judgments, decrees, orders or other governmental mandatory requirements.

1. General

1.1. You represent that you are the legal owner or in control of the application, software, web-based service or any other digital asset and any related offerings,including any advertising, sponsored or promoted content, and other third-party originated content, which is embedded, displayed, performed or otherwise made available on or through your application, software, or web-based service or any other digital asset (together: the “Offering“).

2. Lawfulness

2.1. You may not operate your Offering in a manner that constitutes or encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate applicable Laws, including laws and regulations governing privacy, mass email, spam, export control, consumer protection, unfair competition and false advertising.

2.2. You may not engage in activities which constitute, or are likely to constitute unfair or deceptive trade practices.

2.3. Your Offering will not include, promote, or distribute prohibited material, including without limitation: (i) pornography, or sexually explicit content; (ii) hate speech or discriminatory content; (iii) content promoting criminal activities; (iv) Racial, ethnic, political, hate-mongering or otherwise objectionable content; (v) spyware, malware, viruses, worms, Trojan horses, or any other computer code, files or programs designed to interrupt, hijack, destroy or limit the functionality of any computer software, hardware, network or telecommunications equipment; (vi) content that infringes or violates the rights of others, including copyright, trademark, trade secret, patent, privacy and publicity rights; (vii) defamatory, libelous, obscene, offensive or harmful content, (viii) materials targeted at or designed to appeal to children under the age of 13, or to any other age under the applicable Laws; (ix) the unlawful sale or advertisement of Alcohol, Tobacco, Prescription Drugs and Weapons; (x) unlawful gaming, gambling, draws and betting, (xi) any other content that violates applicable Laws.

2.4. Your Offering will not induce end users to install a software code, application or component by intentionally misrepresenting that it is necessary to secure the end user’s device, data, or other software or applications, or that it is necessary for the functionality of the device or any feature or software included therein.

3. Platforms and Service Providers

3.1. You will fully comply with any terms, rules, guidelines and instructions, by IOS, Android and any other applicable mobile and/or CTV platform or operator.

3.2. In case of participation in Google`s exchange bidding service or any other Google programs You shall: (i) enter into the applicable agreement with Google and maintain respective agreement in full force and effect; (ii) complete the necessary integration process required under Google`s documentation; (iii) comply with respective agreement with Google and any applicable Google policies and guidelines.

3.3. You will abide by your Offering Terms and Privacy Policy, as these terms are defined hereunder. You will also abide by the applicable terms and policies of your service providers.

3.4. Without limiting the aforesaid, you may not operate your Offering in a manner that will be deemed, or encourages activity that will be deemed as fraudulent, misleading, threatening, harassing, anti-competitive, misleading, libelous, defamatory, obscene, pornographic, profane or otherwise objectionable.

3.5. You will not provide end users and any other third party inaccurate or false statements about the source, ownership, purpose, functionality or features of the Offering and any third-party content included therein.

4. Transparency. Terms of Service

4.1. You will engage your end users with full transparency and disclose to them: (i) Your full name and contact details, and of any other person or entity that provides the Offering; (ii) the terms and conditions, or license agreement (“Offering Terms“) that govern the end users’ use of the Offering; (iii) all details about the effect of installing the Offering on the end user’s device, and any changes in the settings of the device as a result thereof.

4.2. You will make the Offering Terms easily accessible to end users, prior to the installation process of the Offering, in the course of the installation, and through the Offering.

4.3. You will clearly and conspicuously disclose to end users’ – and where required under the applicable Laws– receive the end users’ appropriate consent and permission, to the Offering’s access to and use of any features of the end users’ devices, including, without limitation, (i) any access to the device features, such as the camera or speaker; (ii) any changes in the settings, preferences, functionality or display of the device’s operating system, browser and other applications; (iii) Any code installations, disablement, interference, impairment or uninstallation. Notwithstanding, you may make changes to the device settings if: (i) the end users reasonably expect these changes in connection with the installation and use of the Offering; or, (ii) the end user provided the appropriate consent
under the applicable Laws to the changes; or (iii) the changes are technical and minor by their nature and do not interfere, violate or infringe end users’ rights.

5. Privacy

5.1. If you collect, use, transmit, store, or process in any other or additional manner end users’ personal  information, you will provide your end users clear and detailed notices and policy (together: “Privacy Policy“), and will maintain all necessary measures, practices and procedures, in compliance with all applicable Laws.

5.2. You will make the Privacy Policy easily accessible to end users, prior to the installation process of the Offering, in the course of the installation, and through the Offering.

5.3. Where required under the applicable Laws, you will receive end users’ appropriate consent to the Privacy Policy.

5.4. You will include the Mobfox SDK Minimum Terms, attached hereto in Schedule B, as part of your Privacy Policy.

5.5. You will maintain full compliance with guidelines for protecting the privacy of end users, as issued by or for the iOS, Android, and any other applicable mobile and/or CTV platform or operator.

5.6. You will not intentionally use the Offering to collect any information about an end user who is under the age of 13 years old, or any other
children-related age-threshold under the applicable Law.

5.7. If your Offering is directed to children under 13 years old, or under any other age-threshold pursuant to the applicable Law, or if you have actual knowledge that you are collecting personal information from children under that above mentioned age, you will maintain full compliance with relevant Laws, including – if applicable – the US Children Online Privacy Protection Act (COPPA), and the provisions applicable to the protection of a child’s data under Regulation (EU) 2016/679 of the European Parliament and of the Council (GDPR). Without limiting the aforesaid, you will provide
all necessary notices and receive all necessary consents, including verifiable parental consent, as required under the applicable Law, to the Mobfox use of personal information. See further details in Schedule B (the Mobfox SDK Minimum Privacy Terms).

5.8. You will comply with all the requirements of the applicable data protection Laws, including but not limited to California Consumer Privacy Act, Cal. Civ. Code Title 1.81.5, § 1798.100 – 1798.199 (CCPA). You shall not share with Mobfox any personal information (as defined under CCPA) of consumers who either: (i) were not provided with any notifications required under CCPA, or (ii) were not provided with an option to opt out from a sale under the CCPA and in accordance with its requirements. Any (i) notification regarding a consumer’s election pursuant to any privacy related rights available to the consumer under applicable privacy and data protection legislation that Mobfox is required to comply with, (ii) third-party or consumer requests or complaints regarding the processing of personal information, or (iii) government or consumer requests for access to or information about processing of personal information on Mobfox’s behalf, shall be notified to Mobfox by You promptly and in any event in order to allow Mobfox enough time to meet any obligations under the CCPA.

5.9. You understand and agree that we can use the personal information we receive from you for our commercial and business purposes as further described in our Privacy Policy. These commercial and business purposes include, without limitation: (i) providing our products and services, including, without limitation, enabling publishers and other supply partners as well as DSPs and other demand partners to market, sell and buy advertising inventory, (ii) other business purposes, which include: advertising or marketing services, auditing related to our interactions with you, legal compliance, detecting and protecting against security incidents, fraud, and illegal activity, performing services (for us or our service provider) such as account servicing, processing orders and payments, and analytics, internal research for technological improvement, internal operations, activities to maintain and improve our services and other certain one-time uses.

6. Distinguishing Ads from other Content

6.1. You will clearly and conspicuously distinguish ads displayed on your Offering from the Offering’s content and features;

6.2. Where required under the applicable Law, you will include all necessary advertising notices in or next to the ads.

6.3. You will follow all applicable Laws related to the display of ads.

7. Uninstallation

7.1. You must provide your end users with a clear and accessible option to easily uninstall the Offering. Upon uninstallation of the Offering you will completely terminate your access to the end user’s device.

8. Traffic Generation

8.1. You will not generate or try to gain traffic or installations of your Offering by using any fraudulent activity, including without limitation by:
(i) creating fictitious traffic of your Offering; (ii) installing or uninstalling any application, software or code on an end user’s device, without appropriate consent; (iii) causing or providing incentives to other persons to increase traffic, revenue, impressions, or clicks, or to use automated measures to generate traffic, impressions or clicks; (iv) engaging in any other misleading, deceptive or other illegal activity whatsoever.

9. Mobfox’s Rights

9.1. You will not violate, breach, infringe or misappropriate the rights of Mobfox, and its employees, contractors, partners, affiliates, agents and any other person who acts on Mobfox’s behalf, including intellectual property rights of any kind, privacy and publicity rights.

10. Indemnification

You will indemnify Mobfox and its employees, directors, contractors, partners, affiliates, agents and any other person who acts on Mobfox’s behalf, and hold them harmless from and against any loss, damage and expenses incurred as a result of, or in connection with your breach of these guidelines.

Schedule B

Mobfox SDK Minimum Privacy Terms

A publisher will embed the following Mobfox SDK Minimum Privacy Terms in the publisher’s privacy notice to end users.

Interest-Based Ads

We may share your personal information with Mobfox US LLC and its affiliates (Mobfox), a leading digital performance-based advertising group. Mobfox puts great efforts in making sure that your personal information is safe and used properly.

Mobfox collects personal information from mobile applications and devices, subject to permission, such as your gender, age, location and other attributes. Further collected data includes your device attributes (such as model, make, device agent details, device ID) and traffic/session information, including session durations, IP address and additional activity information. Mobfox may use additional users’ statistical analysis-driven data, such as your age group, areas of interest and general location.

Mobfox uses this information to analyze trends, understand users’ activities and gather demographic information to enable, manage and develop its interest-based ads related services, and share data with affiliates and business partners.

For the main business operation, Mobfox relies on the consent as a legal basis for processing of personal information. Mobfox also retains your information in accordance with Mobfox’s legitimate business purposes for processing the information (i.e. to ensure security, prevent fraud and debug and to technically deliver ads or content). Thereafter the data is removed, archived for restricted legitimate interests, or anonymized. Non-identifying information may be kept without time and use limitations.

In both iOS and Android devices you may signal your wish to opt out of receiving interest-base ads via your device settings.

At any time, you may contact Mobfox’s Privacy Team: PrivacyCompliance@mobfox.com with any question or complaint about the use of your data, or with a request to exercise your rights under the applicable law, including, to the extent applicable, your rights of access, rectification, portability, erasure, restriction of processing, objection to processing, profiling and automated processing, the right to revoke a consent and submit a complaint to the applicable supervisory authority. Mobfox may need to ask you to provide certain credentials to verify your identity.

The above terms describe the essentials of Mobfox’s privacy practices for mobile applications and devices. For further information on how Mobfox uses and secures your information, please visit the Mobfox Privacy Policy at: https://old.mobfox.com/privacy-policy/, as amended from time to time.

Annex A

DATA PROTECTION ADDENDUM

This Data Protection Addendum (the “DPA”) is attached to the Publisher Terms and Conditions (the “Agreement”) between Mobfox US LLC and its affiliated companies under the name Mobfox (“Mobfox”), and the partner accepted the Agreement (“Partner”). Partner and Mobfox may also be referred to herein as a “Party”; and collectively as the “Parties”.

The Parties agree that this DPA is designed to set forth the Parties` obligations resulting from Applicable Laws.

1. DEFINITIONS

In this DPA, the following terms shall have the following meanings:

1.1 “EEA” means the European Economic Area.

1.2 “GDPR” means the General Data Protection Regulation (EU) 679/2016.

1.3 “Applicable Laws” means all applicable laws governing the handling of Personal Data, including without limitation:

(a) the GDPR and any legislation which amends, re-enacts or replaces it in an EEA member state;

(b) any legislation of England and Wales or an EEA member state that implements Directive 2002/58/EC of the European Union Parliament and of the Council of 12 July 2002 concerning the processing of personal data and the protection of privacy in the electronic communications sector; and at all times, any other data protection laws and regulations applicable in an EEA member state or in England and Wales;

(c) the California Consumer Privacy Act of 2018, Cal. Civ. Code §§ 1798.100 et. Seq, in each case all the foregoing as amended, replaced or supplemented from time to time (“CCPA”);

(d) any other data protection laws in the applicable territory as amended, replaced, supplemented or superseded.

1.4 “Affiliate” means any legal entity directly or indirectly controlling, controlled by or under common control with a Party to the Agreement, where “control” means the ownership of a majority share of the voting stock, equity, or voting interests of such entity.

1.5 “Personal Data” shall mean any information that is capable of identifying an individual, including but not limited to, IP addresses, location data, device identifiers, cookie IDs or other identifiers as defined in Applicable Laws.

1.6 “Controller” means a person or entity which determines the purposes and the means of processing of Personal Data.

1.7 “Processor” means a person or entity which performs the processing of Personal Data on behalf of the Controller.

1.8 “Personnel” shall mean any staff (including, without limitations, temporary, casual and unpaid workers) and sub-contractors employed or appointed by the Party.

1.9 The terms “Data Subject(s)”, “Supervisory Authority”, “Processing” and “Personal Data Breach” shall have the meanings ascribed to them on the Applicable Laws. To the extent that the CCPA is applicable, the definition of “Personal Data” includes “Personal Information”; the definition of “Data Subject” includes “Consumer”; the definition of “Controller” includes “Business”; and the definition of “Processor” includes “Service Provider”, all as defined under the CCPA.

1.10 “Services” means services provided pursuant to the terms of the Agreement in connection with the use by Partner of Mobfox Mobile Advertising Network.

1.11 “Standard Contractual Clauses” or “SCCs” means depending on the circumstances unique to the Customer, any of the following:

(a) UK Standard Contractual Clauses, and

(b) 2021 Standard Contractual Clauses, where:

“UK Standard Contractual Clauses” or “UK SCCs” means Standard Contractual Clauses for data controller to data processor transfers approved by the European Commission in decision 2004/915/EC available here or as updated, amended, replaced or superseded from time to time by the competent UK regulatory authority.

“2021 Standard Contractual Clauses” or “2021 SCCs” means the Standard Contractual Clauses approved by the European Commission in decision 2021/914 available here  or as updated, amended, replaced or superseded from time to time by the European Commission.

1. OBLIGATIONS IN RELATION TO THE PROCESSING OF PERSONAL DATA

2.1 For the purposes of this DPA, the Parties agree that in the performance of the Services under the Agreement, Partner and Mobfox may share with each other Personal Data. For the avoidance of the doubts, no sensitive data or special categories of data shall be transferred by the Partner to Mobfox.

2.2 The Parties further agree that Partner and Mobfox are each separate and independent Controllers of the Personal Data that both Parties may exchange in the performance of the Agreement and hence responsible for complying with Applicable Laws. For avoidance of doubt, the Parties shall not determine the purposes and the means of Processing together and shall not function in the capacity of Joint Controllers (as defined in the GDPR).

2.3 Partner represents that the Personal Data which shall be provided by Partner in the performance of the Agreement was collected and processed lawfully including but not limited to by obtaining all necessary consents from Data Subjects and provision of appropriate notices to the Data Subjects in compliance with Applicable  Laws and subject to any technical limitations and other exclusions available under Applicable Laws. In particular, the Partner represents and warrants that either: a) to the extent the Personal Data of the EEA Data Subjects is transferred, it is a participant in the IAB Europe Transparency & Consent Framework (“TCF”) and will adhere to TCF rules and guidelines, or b) that it has otherwise obtained any legally required consent to the collection, use and disclosure of the Personal Data to allow Mobfox to process it in connection with the Services. The Partner shall notify Mobfox of any changes in, or revocation of the permission to use, disclose or otherwise process the Personal Data it provided to Mobfox under the Agreement that would impact the ability of Mobfox to comply with this DPA and Applicable Laws.

2.4 Each Party shall be individually and separately responsible for complying with the obligations that apply to it as a Controller under Applicable Laws. Each party shall maintain a publicly accessible privacy policy on its website that is in compliance with Applicable Laws.

2.5 The Partner shall comply with all the requirements of the Applicable Laws, including but not limited to CCPA or the US Children Online Privacy Protection Act (COPPA). The Partner shall not share with Mobfox any personal information (as defined under CCPA or COPPA respectively) of consumers who either: (i) were not provided with any notifications required under CCPA and/or COPPA, or (ii) were not provided with an option to opt out from a sale under the CCPA and in accordance with its requirements. Any (i) notification regarding a consumer’s election pursuant to any privacy related rights available to the consumer under applicable privacy and data protection legislation that Mobfox is required to comply with, (ii) third-party or consumer requests or complaints regarding the processing of personal information, or (iii) government or consumer requests for access to or information about processing of personal information on Mobfox’s behalf, shall be notified to Mobfox by the Partner promptly and in any event in order to allow Mobfox enough time to meet any obligations under the CCPA and/or COPPA.

1. CONFIDENTIALITY

Each Party undertakes to protect the confidentiality of the Personal Data by:

3.1. Taking reasonable steps to ensure that access of its Personnel to the Personal Data is limited to a need to know and/or access basis.

3.2. In particular, the Parties shall ensure that each of the Parties’ employees, contractors, (or any other Personnel contracted by the Party’s to perform each Party’s respective obligations under the Agreement) and receiving such access, are subject to written confidentiality undertakings or professional or statutory obligations of confidentiality in connection with their access to and use of Personal Data.

1. DATA SECURITY

Each Party undertakes to protect the Personal Data received from the other Party under the Agreement and to put in place and maintain appropriate technical and organizational measures to protect Personal Data against unauthorized or unlawful Processing or accidental destruction, loss or damage, taking into account the state of the art, the cost of implementation and the nature, scope, context and Purposes of Processing, as well as the risks, of varying likelihood and severity, to the rights and freedoms of natural persons. Measures to be taken include, in particular, measures to protect the confidentiality, integrity, availability and resilience of systems and measures to ensure continuity of processing after incidents.

1. PERSONAL DATA BREACHES

5.1 Each Party shall notify the other Party without undue delay from the moment of becoming aware of any Personal Data Breach with respect of Personal Data received from the other Party. Such notification shall include the following information, to the extent in the possession and control of the Party suffering the Personal Data Breach and to the extent possible: the types and number of Data Subjects affected, the categories of Personal Data affected, the possible cause of the Personal Data Breach, the possible adverse consequences and the likelihood of their occurrence. If the information is not available at the first instance, it shall be provided in phases.

5.2 Each Party shall co-operate with the other Party, to the extent reasonably requested in relation to notifications to a Supervisory Authority or to Data Subjects which are required following a Personal Data Breach involving Personal Data Processed pursuant to this DPA or otherwise enabling the other Party to comply with its obligations under Applicable Laws.

1. TRANSPARENCY AND RIGHTS OF THE DATA SUBJECT

Each Party shall be individually responsible for responding to lawful data protection requests that it receives from the Data Subjects in respect of Personal Data it processes. To the extent that either Party (the “Receiving Party”) receives a request relating to processing performed by the other Party, the other party shall provide such information and assistance as it is reasonably necessary to the Receiving Party to enable the Receiving Party to respond to such request in accordance with the Applicable Laws.

1. TRANSFERS OF PERSONAL DATA

7.1 Where the Party’s establishment undertaking the data Processing is located outside the EEA or in any other cases in which Processing is being performed in a location is not one which the European Commission (“EC”) considers providing adequate protection of Personal Data, it will ensure that any Processing by the Party is governed by:

7.1.1 the provisions of the Standard Contractual Clauses (as amended and superseded from time to time); or

7.1.2 any other safeguards as applicable, mentioned in the relevant Articles of the GDPR.

7.2 UK SCCs. The parties agree that the UK SCCs will apply to the international data transfers, where UK GDPR is applicable and the Personal Data is transferred by the Partner to Mobfox via the Services, either directly or via onward transfer, to any country or recipient outside of the UK that is not recognized by the competent UK regulatory authority or governmental body for the UK as providing an adequate level of protection for personal data. The UK SCCs will be deemed entered into (and incorporated into this DPA by this reference) and completed as follows:

(a) The illustrative indemnification clause will not apply.

(b) In Appendix 1 the information shall be as described in subsection 7.3. (b) (vi) below.

(c) Schedule 1 (Details of Processing) of this DPA serves as Appendix 1 of the UK SCCs.

(d) Schedule 2 (Technical and Organizational Security Measures) of this DPA serves as Appendix 2 of the UK SCCs.

7.3 2021 SCCs.  For the international data transfers, where the GDPR is applicable and the Personal Data is transferred by the Partner to Mobfox via the Service, 2021 SCCs will apply in the following manner:

(a) Module One (Controller to Controller) will apply to the relations of the parties.

(b) For Module One:

(i) in Clause 7, the option docking clause will not apply;

(ii) in Clause 11, the optional language will not apply;

(iii) in Clause 17 (Option 1), the Standard Contractual Clauses will be governed by the laws of Cyprus;

(v) in Clause 18(b), disputes will be resolved before the courts of Cyprus;

(vi) In Annex I, Part A:

Data Exporter: Partner and authorized affiliates of the Partner.

Contact Details:  Contact email indicated in the Partner`s account.

Data Exporter Role:  The Data Exporter’s role is outlined in Section 2.2 of this DPA.

Signature & Date:  By entering into the Agreement, Data Exporter is deemed to have signed these Standard Contractual Clauses incorporated herein, including their Annexes, as of the Effective Date of the Agreement.

Data Importer:  Mobfox US LLC

Contact Details: Mobfox Privacy Team – privacycompliance@mobfox.com

Data Importer Role: The Data Importer’s role is outlined in Section 2.2 of this DPA.

Signature & Date: By entering into the Agreement, Data Importer is deemed to have signed these Standard Contractual Clauses, incorporated herein, including their Annexes, as of the Effective Date of the Agreement.

(vii) In Annex I, Part B: the information shall be as described in Schedule 1 to this DPA.

(viii) In Annex I, Part C: applicable competent authorities shall be determined in accordance with the provisions of clause 13 of the 2021 SCCs.

(ix) Schedule 2 to this DPA serves as Annex II of the Standard Contractual Clauses.

7.4 The parties acknowledge that clause 2 of the 2021 SCCs (or clause 10 of the UK SCCs respectively) permits them to include additional business-related terms provided they do not contradict with the SCCs. Accordingly, this section 7.4. sets out the Parties’ interpretation of their respective obligations under specific clauses identified below. Where a Party complies with the interpretations set out in this section, that Party shall be deemed by the other Party to have complied with its commitments under the SCCs:

Liability. Any claims brought under the SCCs shall be subject to the terms and conditions, including but not limited to, the exclusions and limitations set forth in the Agreement. In no event, shall any Party limit its liability with respect to any data subject rights under the SCCs.

1. SUPERVISORY AUTHORITIES

8.1 If the Partner receives a complaint, notice or communication from a competent data protection authority which relates to the processing of Personal Data in the context of Mobfox Services under the agreement, it shall, to the extent permitted by law, promptly notify Mobfox and provide such information as may reasonably requested.

8.2 Both Parties agree to reasonably cooperate and assist each other in relation to any regulatory inquire, complaint or investigation concerning the Personal Data shared between the Parties.

1. TERMINATION

This DPA shall terminate automatically upon the termination of the Agreement, provided however, that each Party’s obligations under this DPA will apply for so long as the other Party has access to it’s Personal Data.

1. ORDER OF PRECEDENCE

10.1 Nothing in this DPA reduces each Party’s obligations under the Agreement in relation to the protection of Personal Data.

10.2 Subject to Section 10.1, with regard to the subject matter of this DPA, in the event of inconsistencies between the provisions of this DPA and any other agreements between the Parties, including the Agreement and including (except where explicitly agreed otherwise in writing, signed on behalf of the Parties) agreements entered into or purported to be entered into after the date of this DPA, the provisions of this DPA shall prevail.

10.3 Each Party’s liability arising out of or related to this DPA, whether in contract, tort or under any other theory of liability, is subject to any limitation of liability as set forth in the Agreement and any reference to such limitation of liability of a Party means the aggregate liability of the Party under the Agreement and this DPA together. Additionally, each Party shall be independently liable for its own Processing of Personal Data to the extent such Processing does not comply with Applicable Laws.

1. SEVERANCE

Should any provision of this DPA be invalid or unenforceable, then the remainder of this DPA shall remain valid and in force. The invalid or unenforceable provision shall either be (i) amended as necessary to ensure its validity and enforceability, while preserving the Parties’ intentions as closely as possible or, if this is not possible, (ii) construed in a manner as if the invalid or unenforceable part had never been contained therein.

1. LAW AND JURISDICTION

This DPA (including any non-contractual matters and obligations arising therefrom or associated therewith) shall be governed by, and construed in accordance with, the same laws applicable to the Agreement. Any dispute, controversy, proceedings or claim between the Parties relating to this DPA (including any non-contractual matters and obligations arising therefrom or associated therewith) shall fall within the jurisdiction of the courts of the jurisdiction set forth in the Agreement.

Schedule 1

Details of Processing

1. Nature and Purpose of the Processing. Frequency of the transfer. Mobfox will Process Partner`s Personal Data as necessary to provide the Service under the Agreement. The Personal Data can be transferred on a continuous basis as necessary for the performance of Service.
2. Processing Activities. Partner`s Personal Data will be subject to the basic processing activities necessary for the provision of Mobfox Services, including, without limitation, enabling publishers and other supply partners as well as DSPs and other demand partners to market, sell and buy advertising inventory, provision of advertising or marketing services, auditing related to interactions with the Customer, legal compliance, detecting and protecting against security incidents, fraud, and illegal activity, performing services  such as account servicing, processing orders and payments, and analytics, internal research for technological improvement, internal operations, activities to maintain and improve our services and other certain one-time uses.
3. Duration of Processing. As necessary for the provision of Services under the Agreement.
4. Categories of Data Subjects. Partner’s end users.
5. Categories of Personal Data.  Partner`s data which can be provided to Mobfox for provision of Services, including the following attributes of the Bid Request, which can be considered as personal data: device identifiers such as mobile advertising IDs, IP address, geo location, lat and lon (in the geo object), i.e. latitude and longitude coordinates, user ID (including buyer ID), cookie ID, year of birth, gender; city and zip data.
6. Sensitive Data or Special Categories of Data. Partners are prohibited from including sensitive data or special categories of data in the data transferred to Mobfox.
7. Sub-processors. The Partner`s Personal Data can be also transferred to sub-processors.

 

Schedule 2

Technical & Organizational Security Measures

Where applicable, this Schedule 2 will serve as Annex II to the Standard Contractual Clauses. The following table provides more information regarding Mobfox`s technical and organizational security measures set forth below:

1.Physical Access Controls:

– classification of persons who are granted physical access;

– electronic access control;

– implementation of measures for on-premise security;

– alarm device or security service outside service times;

– issuance of access ID badges or visitor badges.

2. Logical Access Controls:

– сlassification and accountability of persons who may access data processing equipment;

– approved users are issued with unique credentials, which must not be shared with or communicated to any other person;

– regular review to ensure that only those persons who require access to systems are provided with such access;

– password protection for devices and system access;

– implementation of company policies for external contractors;

– Mobfox`s agreements with any sub-processors contain strict confidentiality obligations.

3. Data Access Control:

– allocation of separate terminals/workstations and of ID-parameters exclusively to specific functions;

– implementation of partial access rights for respective data and functions;

– implementation of policy on access- and user-roles;

– evaluation of protocols in case of damaging incidents;

– access to the data is promptly removed upon termination of relations or change of role;

– Mobfox monitors access to applications, tools, and Mobfox resources that process or store customer data, including cloud services.

4. Cryptographic Techniques:

– data encryption.

5. Computer and Network Security:

– сontrols to manage the use of removable media in order to prevent unauthorised disclosure, modification, removal or destruction of personal data stored on it;

– password security procedures;

– description of a process to detect any unauthorised access or anomalous use;

– effective anti-malware defences to protect computers from malware infection;

– monitoring user and system activity to identify and help prevent data breaches;

– boundary firewalls to protect computers from external attack and exploitation.

6. Availability control

– implementation a regular backup schedule;

– control of condition and respective labelling of data carriers for data backup purposes;

– safe storage of data backups in fire- and water-protected security cabinets;

– implementation and regular control of emergency power systems and overvoltage protection systems;

– implementation of an emergency plan;

– protocol on the initiation of crisis- and/or emergency management.

7. Organizational measures

– Mobfox regularly performs assessments on the effectiveness of administrative, organizational, technical and physical safeguards reasonably designed to protect the services and confidentiality, integrity and availability of personal data.

– Mobfox has adopted measures for ensuring accountability, such as implementing data protection policies across the business, maintaining documentation of processing activities, recording and reporting security incidents involving personal data, and appointing a Data Protection Officer.

Previous version of T&C is available here: https://old.mobfox.com/terms-of-service-27-09-21/