Affiliate Program Operating Agreement This Affiliate Program Operating Agreement (the "Agreement") is made and entered into by and between Hang My Ads ("Hang My Ads" or "we"), and you, ("you" or "Affiliate") the party submitting an application to become a Hang My Ads affiliate). The terms and conditions contained in this Agreement apply to your participation with affiliates.hangmytracking.com ("Affiliate Program"). Each Affiliate Program offer (an "Offer") may be for any offering by Hang My Ads or a third party (each such third party a "Client") and may link to a specific web site for that particular Offer ("Program Web Site"). Furthermore, each Offer may have additional terms and conditions on pages within the Affiliate Program and are incorporated as part of this Agreement. By submitting an application or participating in an Offer, you expressly consent to all the terms and conditions of this Agreement.
You must submit an Affiliate Program application from our website. You must accurately complete the application to become an affiliate (and provide us with future updates) and not use any aliases or other means to mask your true identity or contact information. After we review your application, we will notify you of your acceptance or rejection to the Affiliate Program, generally within two (2) business days. We may accept or reject your application at our sole discretion for any reason.
Subject to our acceptance of you as an affiliate and your continued compliance with the terms and conditions of this Agreement, Hang My Ads agrees as follows:
We will make available to you via the Affiliate Program graphic and textual links to the Program Web Site and/or other creative materials (collectively, the "Links") which you may display on web sites owned or controlled by you, in emails sent by you and clearly identified as coming from you and in online advertisements (collectively, "Media"). The Links will serve to identify you as a member of our Affiliate Program and will establish a link from your Media to the Program Web Site.
We will pay Affiliate for each Qualified Action (the "Commission"). A "Qualified Action" means an individual person who (i) accesses the Program Web Site via the Link, where the Link is the last link to the Program Web Site, (ii) is not a computer generated user, such as a robot, spider, computer script or other automated, artificial or fraudulent method to appear like an individual, real live person, (iii) is not using pre-populated fields (iv) completes all of the information required for such action within the time period allowed by Hang My Ads and (v) is not later determined by Hang My Ads to be fraudulent, incomplete, unqualified or a duplicate.
We will pay you any Commissions earned monthly, provided that your account is currently greater than $0. Accounts with a balance of less than $0 will roll over to the next month, and will continue to roll over monthly until $0 is reached. We reserve the right to charge back to your account any previously paid Qualified Actions that are later determined to have not met the requirements to be a Qualified Action.
Payment for Commissions is dependent upon Clients providing such funds to Hang My Ads, and therefore, you agree that Hang My Ads shall only be liable to you for Commissions to the extent that Hang My Ads has received such funds from the Clients. You hereby release Hang My Ads from any claim for Commissions if Hang My Ads has not received such funds from the Clients.
Hang My Ads shall automatically generate an invoice on behalf of Affiliate for all Commissions payable under this Agreement and shall remit payment to Affiliate based upon that invoice. All tracking of Links and determinations of Qualified Actions and Commissions shall be made by Hang My Ads in its sole discretion. In the event that Affiliate disputes in good faith any portion of an invoice, Affiliate must submit that dispute to Hang My Ads in writing and in sufficient detail within thirty (30) days of the date on the invoice. If Affiliate does not dispute the invoice as set forth herein, then Affiliate agrees that it irrevocably waives any claims based upon that invoice. In the event that Affiliate is also tracking Qualified Actions and Affiliate claims a discrepancy, Affiliate must provide Hang My Ads with Affiliate's reports within three (3) days after 30th day of the calendar month, and if Hang My Ads's and Affiliate's reported statistics vary by more than 10% and Hang My Ads reasonably determines that Affiliate has used generally accepted industry methods to track Qualified Actions, then Hang My Ads and Affiliate agree to make a good faith effort to arrive at a reconciliation. If the parties are unable to arrive at a reconciliation, then Hang My Ads's numbers shall govern.
If Affiliate has an outstanding balance due to Hang My Ads under this Agreement or any other agreement between the Affiliate and Hang My Ads, whether or not related to the Affiliate Program, Affiliate agrees that Hang My Ads may offset any such amounts due to Hang My Ads from amounts payable to Affiliate under this Agreement.
Affiliate also agrees to:
Have sole responsibility for the development, operation, and maintenance of, and all content on or linked to, your Media.
Ensure that all materials posted on your Media or otherwise used in connection with the Affiliate Program (i) are not illegal, (ii) do not infringe upon the intellectual property or personal rights of any third party and (iii) do not contain or link to any material which is harmful, threatening, defamatory, obscene, sexually explicit, harassing, promotes violence, promotes discrimination (whether based on sex, religion, race, ethnicity, nationality, disability or age), promotes illegal activities (such as gambling), contains profanity or otherwise contains materials that Hang My Ads informs you that it considers objectionable (collectively, "Objectionable Content").
Not make any representations, warranties or other statements concerning Hang My Ads or Client or any of their respective products or services, except as expressly authorized herein.
Make sure that your Media does not copy or resemble the look and feel of the Program Web Site or create the impression that your Media is endorsed by Hang My Ads or Clients or a part of the Program Web Site, without prior written permission from us.
Comply with all (i) obligations, requirements and restrictions under this Agreement and (ii) laws, rules and regulations as they relate to your business, your Media or your use of the Links.
Comply with the terms, conditions, guidelines and policies of any third party services used by Affiliate in connection with the Affiliate Program, including but not limited to, email providers, social networking services and ad networks.
Always prominently post and make available to end-users, including prior to the collection of any personally identifiable information, a privacy policy in compliance with all applicable laws that clearly and thoroughly discloses all information collection, use and sharing practices, including providing for the collection of such personally identifiable information in connection with the Affiliate Program and the provision of such personally identifiable information to Hang My Ads and Clients for use as intended by Hang My Ads and Clients.
Always prominently post and make available to end-users any terms and conditions in connection with the Offer set forth by Hang My Ads or Client, or as required by applicable laws regarding such Offers.
Make sure to not place Hang My Ads ads on any online auction platform (i.e. eBay, Amazon, etc).
The following additional program-specific terms shall apply to any promotional programs set forth below:
Email Campaigns. For all email campaigns, Affiliate must download the "Suppression List" from the Offers section of Hang My Ads. Affiliate shall filter its email list by removing any entries appearing on the Suppression List and will only send emails to the remaining addresses on its email list. Hang My Ads will provide an opt-out method in all Links, however, if any opt-out requests come directly to Affiliate, Affiliate shall immediately forward them to Hang My Ads at affiliates@hangmyads.com. Affiliate's emails containing the Links may not include any content other than the Links, except as required by applicable law.
Affiliate agrees that failure to download the Suppression List and remove all emails from the database before mailing may result in Commission withholdings, removal or suspension from all or part of the Affiliate Program, possible legal action and any other rights or remedies available to Hang My Ads pursuant to this Agreement or otherwise. Affiliate further agrees that it will not mail or market to any suppression files generated through the Hang My Ads network, and that doing so may result in Commission withholdings, removal or suspension from the Affiliate Program, possible legal action and any other rights or remedies available to Hang My Ads pursuant to this Agreement or otherwise.
Advertising Campaigns. No Links can appear to be associated with or be positioned on chat rooms or bulletin boards unless otherwise agreed by Hang My Ads in writing. Any pop-ups/unders used for the Affiliate Program shall be clearly identified as Affiliate served in the title bar of the window and any client-side ad serving software used by Affiliate shall only have been installed on an end-user's computer if the function of the software is clearly disclosed to end-users prior to installation, the installation is pursuant to an affirmatively accepted and plain-english end user license agreement and the software be easily removed according to generally accepted methods.
Affiliate Network Campaigns. For all Affiliate's that maintain their own affiliate networks, Affiliate agrees to place the Links in its affiliate network (the "Network") for access and use by those affiliates in Affiliate's Network (each a "Third Party Affiliate"). Affiliate agrees that it will expressly forbid any Third Party Affiliate to modify the Links in any way. Affiliate agrees to maintain its Network according to the highest industry standards. Affiliate shall not permit any party to be a Third Party Affiliate whose web site or business model involves content containing Objectionable Content. All Third Party Affiliates must be in good standing with Affiliate. Affiliate must require and confirm that all Third Party Affiliates affirmatively accept, through verifiable means, this Agreement prior to obtaining access to the Links. Affiliate shall promptly terminate any Third Party Affiliate who takes, or could reasonably be expected to take, any action that violates the terms and conditions of this Agreement. In the event that either party suspects any wrongdoing by a Third Party Affiliate with respect to the Links, Affiliate shall promptly disclose to Hang My Ads the identity and contact information for such Third Party Affiliate. Affiliate shall promptly remove any Third Party Affiliate from the Affiliate Program and terminate their access to future Offers of Hang My Ads in the Network upon written notice from Hang My Ads. Unless Hang My Ads has been provided with all truthful and complete contact information for a Third Party Affiliate and such Third Party Affiliate has affirmatively accepted this Agreement as recorded by Hang My Ads, Affiliate shall remain liable for all acts or omissions of any Third Party Affiliate.
Except as otherwise provided in this Agreement or with the consent of Hang My Ads, you agree that all information, including, without limitation, the terms of this Agreement, business and financial information, customer and vendor lists, and pricing and sales information, concerning us or any of our affiliates provided by or on behalf of any of them shall remain strictly confidential and secret and shall not be utilized, directly or indirectly, by you for any purpose other than your participation in the Affiliate Program, except and solely to the extent that any such information is generally known or available to the public through a source other than you. Affiliate shall not use any information obtained from the Affiliate Program to develop, enhance or operate a service that competes with the Affiliate Program, or assist another party to do the same.
We grant you a nonexclusive, nontransferable, revocable right to use the Links and to access our web site through the Links solely in accordance with the terms of this Agreement, for the sole purpose of identifying your Media as a participant in the Affiliate Program and assisting in increasing sales through the Program Web Site.
You may not alter, modify, manipulate or create derivative works of the Links or any Hang My Ads graphics, creative, copy or other materials owned by, or licensed to, Hang My Ads in any way. You are only entitled to use the Links to the extent that you are a member in good standing of the Affiliate Program. We may revoke your license anytime by giving you written notice. Except as expressly stated herein, nothing in this Agreement is intended to grant you any rights to any of Hang My Ads's trademarks, service marks, copyrights, patents or trade secrets. You agree that Hang My Ads may use any suggestion, comment or recommendation you choose to provide to Hang My Ads without compensation. All rights not expressly granted in this Agreement are reserved by Hang My Ads.
This Agreement shall commence on the date of our approval of your Affiliate Program application and shall continue thereafter until terminated as provided herein. You may terminate your participation in the Affiliate Program at any time by removing all Links from your Media, deleting all copies of the Links. We may terminate your participation in one or more Offers or this Agreement at any time and for any reason which we deem appropriate with or without prior notice to you by disabling the Links or providing you with a written notice. Upon termination of your participation in one or more Offers or this Agreement for any reason, you will immediately cease all use of and delete all Links, plus all Hang My Ads or Client intellectual property, and will cease representing yourself as a Hang My Ads or Client affiliate for such one or more Offers. All rights to validly accrued payments, causes of action and any provisions, which by their terms are intended to survive termination, shall survive any termination.
In addition to any other rights and remedies available to us under this Agreement Hang My Ads reserves the right to delete any actions submitted through your Links and withhold and freeze any unpaid Commissions or charge back paid Commissions to your account if (i) Hang My Ads determines that you have violated this Agreement, (ii) Hang My Ads receives any complaints about your participation in the Affiliate Program which Hang My Ads reasonably believes to violate this Agreement or (iii) any Qualified Action is later determined to have not met the requirements set forth in this Agreement or on the Affiliate Program. Such withholding or freezing of Commissions, or charge backs for paid Commissions, shall be without regard as to whether or not such Commissions were earned as a result of such breach. In the event of a material breach of this Agreement, Hang My Ads reserves the right to disclose your identity and contact information to appropriate law enforcement or regulatory authorities or any third party that has been directly damaged by your actions.
You must strictly comply with the federal CAN-SPAM Act of 2003 (the "Act"). All emails sent in connection with the Affiliate Program must include the appropriate party's opt-out link. From time to time, we may request - prior to your sending emails containing linking or referencing the Affiliate Program that you submit the final version of your email to Hang My Ads for approval by sending it to your Hang My Ads representative and upon receiving written approval from Hang My Ads of your email the email may be transmitted to third parties.
It is solely your obligation to ensure that the email complies with the Act. You agree not to rely upon Hang My Ads's approval of your email for compliance with the Act, or assert any claim that you are in compliance with the Act based upon Hang My Ads's approval.
You are expressly prohibited from using any persons, means, devices or arrangements to commit fraud, violate any applicable law, interfere with other affiliates or falsify information in connection with referrals through the Links or the generation of Commissions or exceed your permitted access to the Affiliate Program. Such acts include, but are in no way limited to, using automated means to increase the number of clicks through the Links or completion of any required information, using spyware, using stealware, cookie-stuffing and other deceptive acts or click-fraud. Hang My Ads shall make all determinations about fraudulent activity in its sole discretion.
You hereby represent and warrant that this Agreement constitutes your legal, valid, and binding obligation, enforceable against you in accordance with its terms and that you have the authority to enter into this Agreement. Subject to the other terms and conditions of this Agreement, Hang My Ads represents and warrants that it shall not knowingly violate any law, rule or regulation which is applicable to Hang My Ads's own business operations or Hang My Ads's proprietary products or services.
In addition to any notice permitted to be given under this Agreement, we may modify any of the terms and conditions of this Agreement at any time by providing you with a notification by email. The changes will become effective ten (10) business days after such notice. If the modifications are unacceptable to you, you may terminate this Agreement without penalty solely on the account of such termination within such ten (10) business day period. Your continued participation in this Affiliate Program ten (10) business days after a change notice has been posted will constitute your acceptance of such change. In addition, Hang My Ads may change, suspend or discontinue any aspect of an Offer or Link or remove, alter, or modify any tags, text, graphic or banner ad in connection with a Link. Affiliate agrees to promptly implement any request from Hang My Ads to remove, alter or modify any Link, graphic or banner ad that is being used by Affiliate as part of the Affiliate Program.
You acknowledge that you have read this Agreement and agree to all its terms and conditions. You have independently evaluated the desirability of participating in the Affiliate Program and each Offer and are not relying on any representation, guarantee or statement other than as set forth in this Agreement or on the Affiliate Program.
Affiliate hereby agrees to indemnify, defend and hold harmless Hang My Ads and Clients and their respective subsidiaries, affiliates, partners and licensors, directors, officers, employees, owners and agents against any and all claims, actions, demands, liabilities, losses, damages, judgments, settlements, costs, and expenses (including reasonable attorneys' fees and costs) based on (i) any failure or breach of this Agreement, including any representation, warranty, covenant, restriction or obligation made by Affiliate herein, (ii) any misuse by Affiliate, or by a party under the reasonable control of Affiliate or obtaining access through Affiliate, of the Links, Offers or Hang My Ads or Client intellectual property, or (iii) any claim related to your Media, including but not limited to, the content contained on such Media (except for the Links).
Hang My Ads hereby agrees to indemnify, defend and hold harmless Affiliate and its subsidiaries, affiliates, partners, and their respective directors, officers, employees, owners and agents against any and all claims, actions, demands, liabilities, losses, damages, judgments, settlements, costs, and expenses (including reasonable attorneys' fees and costs) based on a claim that Hang My Ads is not authorized to provide you with the Links.
THE AFFILIATE PROGRAM AND LINKS, AND THE PRODUCTS AND SERVICES PROVIDED IN CONNECTION THEREWITH, ARE PROVIDED TO AFFILIATE "AS IS". EXCEPT AS EXPRESSLY SET FORTH HEREIN, HANG MY ADS EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS, IMPLIED OR STATUTORY, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING, USAGE, OR TRADE. HANG MY ADS DOES NOT WARRANT THAT THE AFFILIATE PROGRAM OR LINKS WILL MEET AFFILIATE'S SPECIFIC REQUIREMENTS OR THAT THE OPERATION OF THE AFFILIATE PROGRAM OR LINKS WILL BE COMPLETELY ERROR- FREE OR UNINTERRUPTED. HANG MY ADS EXPRESSLY DISCLAIMS ANY LIABILITY FOR ANY ACT OR OMISSION OF A CLIENT OR THEIR PRODUCTS OR SERVICES. HANG MY ADS DOES NOT GUARANTEE THAT AFFILIATE WILL EARN ANY SPECIFIC AMOUNT OF COMMISSIONS.
IN NO EVENT SHALL HANG MY ADS BE LIABLE FOR ANY UNAVAILABILITY OR INOPERABILITY OF THE LINKS, PROGRAM WEB SITES, TECHNICAL MALFUNCTION, COMPUTER ERROR, CORRUPTION OR LOSS OF INFORMATION, OR OTHER INJURY, DAMAGE OR DISRUPTION OF ANY KIND BEYOND THE REASONABLE CONTROL OF HANG MY ADS. IN NO EVENT WILL HANG MY ADS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, PERSONAL INJURY / WRONGFUL DEATH, SPECIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, LOSS OF PROFITS OR LOSS OF BUSINESS OPPORTUNITY, EVEN IF SUCH DAMAGES ARE FORESEEABLE AND WHETHER OR NOT HANG MY ADS HAS BEEN ADVISED OF THE POSSIBILITY THEREOF. HANG MY ADS'S CUMULATIVE LIABILITY TO AFFILIATE, FROM ALL CAUSES OF ACTION AND ALL THEORIES OF LIABILITY, WILL BE LIMITED TO AND WILL NOT EXCEED THE AMOUNTS PAID TO AFFILIATE BY HANG MY ADS IN COMMISSIONS DURING THE SIX (6) MONTHS IMMEDIATELY PRIOR TO SUCH CLAIM.
Affiliate shall be responsible for the payment of all attorneys fees and expenses incurred by Hang My Ads to enforce the terms of this Agreement. This Agreement contains the entire agreement between Hang My Ads and Affiliate with respect to the subject matter hereof, and supersedes all prior and/or contemporaneous agreements or understandings, written or oral. Affiliate agrees that Hang My Ads shall not be subject to or bound by any Affiliate insertion order or online terms and conditions that amend, conflict with or supplement this Agreement, regardless of whether Hang My Ads "clicks through" or otherwise indicates its acceptance thereof. Affiliate may not assign all or any part of this Agreement without Hang My Ads's prior written consent. Hang My Ads may assign this Agreement at any time with notice to Affiliate. This Agreement will be binding on and will inure to the benefit of the legal representatives, successors and valid assigns of the parties hereto. The provisions of Section 3, 4(b), 6, 7, 8, 12-15 and any accrued payment obligations shall survive the termination of this Agreement. Except as set forth in the "Modifications" section above, this Agreement may not be modified without the prior written consent of both parties. If any provision of this Agreement is held to be void, invalid or inoperative, the remaining provisions of this Agreement shall continue in effect and the invalid portion of any provision shall be deemed modified to the least degree necessary to remedy such invalidity while retaining the original intent of the parties. Each party to this Agreement is an independent contractor in relation to the other party with respect to all matters arising under this Agreement. Nothing herein shall be deemed to establish a partnership, joint venture, association or employment relationship between the parties. No course of dealing nor any delay in exercising any rights hereunder shall operate as a waiver of any such rights. No waiver of any default or breach shall be deemed a continuing waiver or a waiver of any other breach or default.
By submitting and application to Affiliate Program, you affirm and acknowledge that you have read this Agreement in its entirety and agree to be bound by all of its terms and conditions. If you do not wish to be bound by this Agreement, you should not submit an application to Affiliate Program. If an individual is accessing this Agreement on behalf of a business entity, by doing so, such individual represents that they have the legal capacity and authority to bind such business entity to this Agreement. This Agreement was last revised on 05-15-2018
Affiliate shall be responsible for the payment of all attorneys fees and expenses incurred by Hang My Ads to enforce the terms of this Agreement. This Agreement contains the entire agreement between Hang My Ads and Affiliate with respect to the subject matter hereof, and supersedes all prior and/or contemporaneous agreements or understandings, written or oral. Affiliate agrees that Hang My Ads shall not be subject to or bound by any Affiliate insertion order or online terms and conditions that amend, conflict with or supplement this Agreement, regardless of whether Hang My Ads "clicks through" or otherwise indicates its acceptance thereof. Affiliate may not assign all or any part of this Agreement without Hang My Ads's prior written consent. Hang My Ads may assign this Agreement at any time with notice to Affiliate. This Agreement will be binding on and will inure to the benefit of the legal representatives, successors and valid assigns of the parties hereto. The provisions of Section 3, 4(b), 6, 7, 8, 12-15 and any accrued payment obligations shall survive the termination of this Agreement. Except as set forth in the "Modifications" section above, this Agreement may not be modified without the prior written consent of both parties. If any provision of this Agreement is held to be void, invalid or inoperative, the remaining provisions of this Agreement shall continue in effect and the invalid portion of any provision shall be deemed modified to the least degree necessary to remedy such invalidity while retaining the original intent of the parties. Each party to this Agreement is an independent contractor in relation to the other party with respect to all matters arising under this Agreement. Nothing herein shall be deemed to establish a partnership, joint venture, association or employment relationship between the parties. No course of dealing nor any delay in exercising any rights hereunder shall operate as a waiver of any such rights. No waiver of any default or breach shall be deemed a continuing waiver or a waiver of any other breach or default.
By submitting and application to Affiliate Program, you affirm and acknowledge that you have read this Agreement in its entirety and agree to be bound by all of its terms and conditions. If you do not wish to be bound by this Agreement, you should not submit an application to Affiliate Program. If an individual is accessing this Agreement on behalf of a business entity, by doing so, such individual represents that they have the legal capacity and authority to bind such business entity to this Agreement. This Agreement was last revised on 15-05-2018
This General Data Protection Regulation Data Processing Addendum ("GDPR Addendum") is entered into between Hang My Ads, Lda. (“HMA”) and you (“Partner”), and is incorporated into all current and future agreements between the parties (collectively, the "Agreement"). For the purpose of this GDPR Addendum, references to the Data Processor and the Sub-processor mean either party when acting as a Data Processor or Sub-processor with respect to Personal Data. This GDPR Addendum sets out the terms that apply when Personal Data, as defined in the Data Protection Legislation, is processed by either party in connection with the Services provided to the Data Controller. The purpose of the GDPR Addendum is to ensure such processing is conducted in accordance with applicable laws and with due respect for the rights and freedoms of individuals whose Personal Data are processed.
Capitalized terms used but not defined in this GDPR Addendum have the same meanings as set out in the Data Protection Legislation.
Data Controller: entity that determines the purposes and means of the Processing of Personal Data.
Data Processor: entity which processes Personal Data on behalf of the Data Controller.
Data Protection Legislation: (i) the General Data Protection Regulation (“GDPR”) ((EU) 2016/679) and any national implementing laws, regulations and secondary legislation, as amended or updated from time to time, and (ii) when the GDPR is no longer directly applicable in the United Kingdom, then any successor legislation to the GDPR or the Data Protection Act 1998.
Sub-processor: any data processor engaged by the Data Processor. Subsequent Sub-processor: any data processor engaged by the Sub-processor.
This GDPR Addendum shall only apply to the Agreement to the extent Data Controller is established within the European Union (“EU”), the United Kingdom, or Switzerland and/or to the extent Data Processor or Sub-processor processes Personal Data of Data Subjects located in the EU, the United Kingdom, or Switzerland on behalf of Data Controller.
a) Each party agrees that, with regard to the processing of Personal Data, each party (i) may be the Data Processor and Sub-processor, as applicable, and (ii) will comply with all applicable requirements of the Data Protection Legislation.
b) Scope of Processing: The subject matter and duration of processing, nature, and purpose of processing specific types of Personal Data that each party will process and categories of Data Subjects whose Personal Data will be processed are set forth in Schedule 1 (Scope of Processing).
c) Sub-processor Obligations: Sub-processor shall only process Personal Data on behalf of and in accordance with Data Processor’s instructions and shall treat Personal Data as confidential information of the Data Processor. Data Processor instructs Sub-processor to process Personal Data solely for the provision of the Services. Sub-processor may process Personal Data other than on the written instructions of Data Processor as directed by the Data Controller if it is required under applicable law to which Sub-processor is subject.
d) Data Processor Instructions: Data Processor instructs Sub-processor to process Personal Data (i) in accordance with the Agreement and Schedule 1; (ii) to provide the Services and any related technical support; and (iii) to comply with other reasonable instructions provided by Data Processor where such instructions are consistent with the terms of the Agreement and this GDPR Addendum. Data Processor will ensure that its instructions for the processing of Personal Data shall comply with the Data Protection Legislation. If Sub-processor believes or becomes aware that any of Data Processor’s instructions conflict with any Data Protection Legislation, Sub-processor shall inform Data Processor immediately. Sub-processor may process Personal Data other than on the instructions of Data Processor if it is required under applicable law to which Sub-processor is subject. Where Sub- processor is relying on applicable law as the basis for processing Personal Data, Sub-processor shall promptly notify Data Processor of this before performing the processing required by the applicable laws unless those applicable laws prohibit Sub-processor from so notifying the Data Processor.
e) Security, Privacy, and Audit Rights: Sub-processor shall, in relation to any Personal Data processed in connection with the performance by Sub-processor of its obligations under this Agreement:
(1) implement appropriate technical and organizational measures to safeguard Personal Data, taking into account the costs of implementation and the nature, scope, context and purposes of processing as well as the risk of varying likelihood and severity for the rights and freedoms of natural persons;
(2) ensure that all personnel who have access to and/or process Personal Data are obliged to keep the Personal Data confidential;
(3) comply with its obligations under the Data Protection Legislation by providing an adequate level of protection to any Personal Data that is transferred;
(4) assist Data Processor, by appropriate technical and organizational measures considering the nature of processing, in fulfilling Data Processor’s obligations to respond to Data Subject requests under the Data Protection Legislation, to the extent Data Processor does not have access to the Personal Data necessary to respond to such requests through its use or receipt of the Services;
(5) take reasonable measures to cooperate and assist Data Processor in conducting a data protection impact assessment and related consultations with any supervisory authority, if Data Processor is required to do so under the Data Protection Legislation;
(6) notify Data Processor without undue delay on becoming aware of a Personal Data breach;
(7) make available to Data Processor all information reasonably necessary to demonstrate Sub- processor’s compliance with this GDPR Addendum. No more than once per year, Data Processor may engage a mutually agreed upon third party to audit Sub-processor solely for the purposes of meeting its audit requirements pursuant to Article 28, Section 3(h) of the GDPR. To request an audit, Data Processor must submit a detailed audit plan in advance of the proposed audit date describing the proposed scope, duration, and start date of the audit. The auditor must execute a written confidentiality agreement acceptable to Sub-processor before conducting the audit. The audit must be conducted during regular business hours, subject to Sub-processor’s policies, and may not unreasonably interfere with Sub-processor’s business activities; and
(8) upon termination or expiration of the Agreement, in accordance with the terms of the Agreement, cease all processing of Personal Data and delete or make available to Data Processor for retrieval all relevant Personal Data in Sub-processor’s possession, except as otherwise prohibited or allowed by EU member state laws or as required by any applicable law. Sub-processor shall extend the protections of the Agreement and this GDPR Addendum to any such Personal Data and limit any further processing of such Personal Data to only those limited purposes that require the retention.
f) Data Processor acknowledges and agrees that Sub-processor may engage Subsequent Sub- processors in connection with the Services. Sub-processor will contractually impose data protection obligations on its Subsequent Sub-processors that are at least equivalent to those data protection obligations imposed on Sub-Processor. As between the Data Processor and Sub-processor, Sub- processor shall remain fully liable for all acts or omissions of any Subsequent Sub-processor. If Sub- processor engages a new Subsequent Sub-processor, Sub-processor will notify Data Processor by email.
HMA details exactly which data is collected from users, why it is done, and how it will be used. This consists of:
a) HMA in its campaigns do not collect any personal data that will allow us, by itself, to identify the person doing the action (ex: installing the app). Only the Install or Sale itself is tracked, and the publisher who it is assigned to.
b) Data processed might include clicks and impressions data, IP Address, device identifiers, http headers, publisher details such as site ID, partner ID, publisher name, and campaign details such as campaign ID, creative ID, and other attribution data sets.
c) All processed data is only done with the following purpose in relation to advertising campaigns:
(1) For fraud detection purposes including creating fraud reports to be shared with publishers;
(2) For attribution purposes to attribute the conversion to the right ad placement;
(3) For reporting purposes including accurate billing to advertisers and from publishers;
(4) For determining performance and optimization of campaigns distributed through Publisher’s inventory or network;
d) All click data is kept for a period of 6 months and can be deleted at request.
e) The only personal data recorded by HMA is the data requested to its partners at the registration in Hang My Tracking platform, which is subject to the user agreeing to this terms and conditions where this is addressed.
f) This data recorded at registration is only used for campaign newsletters and other relevant notifications regarding possible changes during the campaigns. Any recipient of these notifications and newsletter can opt out at any given time from receiving this communications.
g) Any personal data stored at registration regarding publishers, advertisers or their employees can be permanently deleted at request.
h) Finally HMA assures all Partners that it has taken all the technical and organizational security measures required to protect any personal data from loss, unauthorized disclosure or other forms of misuse. Data is stored in a safe environment that is not open to public access with the appropriate security measures taken to ensure only authorized access. Personal data may be encrypted before transmission in certain cases (e.g. processing your login data). This means that communication between your device and our servers will include recognized encryption measures. HTTPS protocol is used wherever it is deemed necessary.