2. Partner’s provision of the Service to Mobmonkey entails the transmission and processing of data retrieved, sent and received by and from its partners (including Mobmonkey) and their Data Subjects, clients and other third parties. Such data may constitute Personal Data (as defined below). Therefore, the parties agree to comply with the following provisions
1. “Data Protection Laws” means any applicable data protection or privacy laws or regulations as may be amended or superseded from time to time, including but not limited to: the EU General Data Protection Regulation (“GDPR”) as implemented by countries within the EEA and in the MALTA; and/or other laws or regulations that are similar, equivalent to, successors to, or that are intended to or implement the laws or regulations applicable to Partner in relation to the transmission and processing of Personal Data under or in relation to the Agreement.
2. “Controller”, “Data Subject”, “Personal Data”, “Processor” “Processes/Processing” shall each have the meanings given in the applicable Data Protection Laws.
4. “Data Subjects” means a human end-Data Subject accessing a mobile application/website or receiving all sorts of mailings of any kind and all sorts of messaging.
3. Processing of Personal data
1. Partner (acting as a Publisher) and Mobmonkey each agree and acknowledge that where a party Processes Personal Data under or in connection with the Agreement it alone determines the purposes and means of such Processing as a data controller (as defined under applicable Data Protection Laws).
2. In its use or receipt of the Partner shall:
1. process Personal Data in agreement with the obligations of the Data Protection Laws
2. guarantee that it has received suitable consent from Data Subjects as necessary by Data Protection Laws,
3. ensure that its instructions for the Processing of Personal Data meet the terms of the Data Protection Laws,
4. upon Mobmonkeys request, present evidence of such consent, including without limitation, the date and the consent language presented to the Data Subject.
5. have sole responsibility for the accuracy, legality, and quality of Personal Data and the means by which User acquired the Personal Data.
3. Each party confirms that it has complied and will continue to comply with its obligations relating to Personal Data that apply to it under applicable Data Protection Laws.
6. Each party will limit access to Personal Data to those personnel who require such access only as necessary to fulfil such party’s obligation under the Agreement.
7. Each party will maintain appropriate administrative, physical, organizational and technical safeguards aimed at maintaining an appropriate level of security.
4. Clauses for Controller to Processor (Processor to Sub-processor) relationships:
1. Obligations: Between You and Mobmonkey, Mobmonkeys Controller (or Processor) is sharing Personal Data in relation to the Agreement. Therefore, you will comply with the requirements of the Data Protection Laws as a Processor (or Sub-Processor) and will be responsible for notifying of any Data breach whatsoever occur which influence execution of Agreement between the Parties.
2. Paragraphs 4.b – 4.e shall apply if and to the extent that the Processor processes any Personal Data on the Controller’s behalf when performing its obligations under the Agreement. Each party acknowledges that:
1. Processor shall only Process Personal Data for the following permitted purpose in relation to advertising campaigns:
1. For fraud detection purposes including creating fraud reports to be shared with advertisers;
2. For reporting purposes including reports to be shared with advertisers or for reporting to Controller;
3. For determining performance of campaigns distributed through Publisher’s inventory or network and billing purposes.
2. The processing shall continue for the duration of this Data Processing Agreement as part thereof;
1. the processing concerns: clicks, actions and impressions data, IP Address, device identifiers, http headers, publisher details (such as site ID, partner ID, advertiser and publisher name), campaign details (such as campaign ID, creative ID) and such other data sets.
3. The Processor shall:
1. process the Personal Data only to the extent necessary for the purposes of the Agreement and otherwise in accordance with the documented instructions of the Controller;
2. not process the Personal Data in any country outside the European Economic Area other than in accordance with the terms of the Model Contract Clauses. If the Processor is required by applicable laws to transfer the Personal Data outside of the European Economic Area, the Processor shall execute appropriate documentation as required under Data Protection Laws (unless the Processor is barred from making such notification under the relevant applicable law).
3. ensure that all persons authorised by it to process the Personal Data are committed to confidentiality or are under a statutory obligation of confidentiality under applicable law;
4. have at all times during the term of the Agreement appropriate technical and organisational measures to ensure a level of security appropriate to the risk to protect any Personal Data, with particular regard to its accidental or unlawful destruction, loss, alteration, unauthorised disclosure of, or access;
5. where the Processor does engage another Processor, substantially similar obligations to those set out in paragraphs in this Agreement shall be imposed by the Processor on the other Processor in a written contract;
6. cease processing the Personal Data immediately upon the termination or expiry of this Agreement or, if sooner, on cessation of the contractual activity to which it relates and, at the Controller’s election, delete or return all Personal Data to the Controller, and delete all existing copies unless applicable law requires their retention;
7. Processor shall not retain Personal Data for longer than necessary to meet the permitted purposes hereunder or use the same for any purposes other than such permitted purposes.
8. If requested by Controller, Processor shall without delay, rectify the Personal Data, to ensure it remains accurate, complete and current or delete the same upon notification by Controller to honour any Data Subject’s request. Controller agrees to notify Processor of such requests immediately.
9. make available to the Controller all information reasonably necessary to demonstrate compliance with the obligations set out in this Agreement, and reasonably assist in audits, including inspections, conducted by the Controller or its representative to determine Processor’s compliance with its obligations hereunder. Processor shall have audit rights to determine Controller’s compliance with Data Protection Laws and Controller shall make available to the Processor all information reasonably necessary to demonstrate such compliance. Any audit will be conducted upon provision of reasonable notice and during regular working hours;
10. at the earliest opportunity, and in any event within 48 hours after having become aware, notify the Controller of any unauthorised or unlawful processing of any Personal Data to which this clause applies and of any loss or destruction or other damage and shall take such steps consistent with good industry practice to mitigate the detrimental effects of any such incident on the Data Subjects and co-operate with the Controller in dealing with such incident and its consequences.
4. Where the Processor intends to or replace other Sub-Processors, it shall first inform the Controller of the intended change and shall implement appropriate data processing terms with such new Processors.
5. The Processor acknowledges that the Controller is under certain recordkeeping obligations under the Data Protection Laws and agrees to provide the Controller with all reasonable assistance and information required by the Controller to satisfy such recordkeeping obligations.
5. Model Contract Clauses
1. The Model Contract Clauses require setting out more detail about what data is being transferred and why, as well as how the Processor must keep that data secure.
2. Description of Partner’s data Processing for Mobmonkey
1. Mobmonkey is the Data Controller (or Processor) and the contact details are set out in this Agreement.
2. Partner is the Data Processor (or Sub-Processor) and our contact details are also set out in this Agreement.
3. The types of data being transferred are Personal Data, which does not include special categories of data.
4. Partner will be carrying out the tasks in relation to that data as set out in this Agreement.
6. Data security
1) Partner’s security measures
a. Restriction of access to data centres, systems and server rooms as necessary to ensure protection of Personal Data.
b. Monitoring of unauthorised access.
c. Written procedures for employees, contractors and visitors covering confidentiality and security of information.
d. Restricting access to systems depending on the sensitivity/criticality of such systems.
e. Use of password protection where such functionality is available.
f. Maintaining records of the access granted to which individuals.
g. Ensuring prompt deployment of updates, bug-fixes and security patches for all systems.
h. Providing Anonymization (encryption, Pseudonymization) measures where applicable and required by Data Protection Laws.
7. Liability and Payment of Compensation
1) Without prejudice to the provisions of the Agreement, Mobmonkey shall defend, indemnify and hold Partner harmless and keep Partner indemnified, on demand from and against any and all damages incurred by Partner as a result of Mobmonkey and/or its employees or representatives unauthorised and/or unlawful data transfer or processing, or accidental loss, disclosure, destruction or damage to any Partner Data obtained from (or held by Mobmonkey or its personnel on behalf of) Partner, save where such loss, disclosure, destruction or damage was carried out or incurred at the Partner’s request. Mobmonkey shall be liable for and shall indemnify Partner and its employees and agents from and against all damages (including non-material damage) which Partner may suffer consequently upon breach of applicable Data Protection Laws, recklessness or wilful default of Mobmonkey, its employees or agents. In no event shall Mobmonkeys total liability to Company under this Agreement exceed €1,000.00.
2) Notwithstanding the provisions of the Agreement, Partner shall defend, indemnify and hold Mobmonkey harmless and keep Mobmonkey indemnified, on demand from and against any and all actual or alleged claims and damages incurred by Mobmonkey as a result of Partner’s and/or its employees or representatives (including without limitation any affiliates) unauthorised and/or unlawful data transfer or processing, or accidental loss, disclosure, destruction or damage to any Mobmonkey Data obtained from (or held by Partner or its personnel on behalf of) Mobmonkey, save where such loss, disclosure, destruction or damage was carried out or incurred at Mobmonkeys request. Partner shall be liable for and shall indemnify Mobmonkey and its employees and agents from and against all damages (including non-material damage) which Mobmonkey may suffer consequent upon any breach of Applicable Data Protection Law, recklessness or wilful default of Partner, its employees or agents.
Terms and conditions for Advertisers
These terms and conditions for Advertisers (“Advertiser Terms”) are between Mobmonkey LTD, a Malta corporation, with its registered office at Phoenix Business Centre, The Penthouse, Old Railway Track, Santa Venera, SVR 9022, Malta (hereinafter referred to as “Mobmokey”) and the partner (hereinafter referred to as “the Advertiser”) as set out in the relevant respective insertion order.
Mobmonkey and the Advertiser shall collectively be referred to as “the Parties” and singularly “the Party”.
Mobmonkey operates a Multi Channel Performance Agency (hereinafter referred to as “Mobmonkey”), which provides quality performance marketing and related services, as well as related technology and software (hereinafter “Mobmonkey Ad Server”) for operators of mobile applications and/or related service providers (“Advertisers”).
Mobmonkey allows Advertisers to market their mobile applications and/or mobile services (hereinafter referred to as “the Advertiser’s Services”) on Publisher Media (as set out below) through publishers and/or third party affiliate (publisher) partners (hereinafter collectively referred to as “the Publisher(s)”), which participate in the partner program (hereinafter referred to as “Partner Program”) set up by the Advertiser, in accordance with the provisions of these Advertiser Terms and the respective Campaign Terms.
The following definitions shall apply to the Advertiser Terms and the Agreement:
2. Scope of the Agreement
3. Mobmonkey Services
4. Obligations of the Advertiser, Advertiser ads
5. Validation of actions
7. Warranties, Indemnification
8. Limitation of Liability
10. Term and termination