mediasmart Viewability Terms & Conditions
mediasmart viewability solution Terms & Conditions
(I) As a condition for your use of the Services (“mediasmart Viewability Tracking solution”), you (the “Customer”) will not, and will not allow any third party to: (a) decompile, disassemble, translate, reverse engineer or otherwise attempt to derive source code from, any portion of the software or script provided as part of the Services; (b) sell, sublicense, rent, lease, distribute, market, or commercialize the Services or any part thereof; (c) directly or indirectly circumvent or violate the technical restrictions of the software or script provided as part of the Services; (d) remove any identification, proprietary, copyright or other notices in the software or script provided as part of the Services; (e) modify or create a derivative work of any portion of the software or script provided as part of the Services unless specifically authorized in writing by mediasmart; or (f) publicly disseminate performance information about, or analysis of, the Services, including benchmarking test results.
(II) As a condition of your use of the services, you will not purposefully acquire traffic identified through routine means of filtration executed through the application of lists or with other standardized parameter checks which includes (but is not limited to) the following types of traffic: known data-center traffic, bots and spiders or other crawlers; activity-based filtration traffic, non-browser user-agent headers or other forms of unknown browsers, or pre-fetch or browser pre-rendered traffic.
(III) You represent and warrant that it will at all times comply in full with the requirements of European Union Regulation 2016/679 (“GDPR”) and will refrain from engaging in any behavior that renders or is likely to render mediasmart in breach of the GDPR.
(IV) To the extent that mediasmart processes personal user data about any living individual (“Personal Data”), supplied or collected by or on behalf of Customer (“Customer Personal Data”) in the course of providing the Services, it will do so only as a data processor acting on behalf of Customer (as data controller) and in accordance with the requirements of this Agreement and the GDPR. The terms “data processor,” “data controller,” “process” and their derivatives will have the meanings ascribed to them under the GDPR.
(V) mediasmart will process any Customer Personal Data in accordance with Customer’s lawful instructions under GDPR and will not assume any responsibility for determining the purposes for which or the manner in which Customer Personal Data is processed. Customer will process and disclose Customer Personal Data in accordance with the provisions of Customer’s privacy policy and the GDPR, and if mediasmart is instructed by Customer to collect any Customer Personal Data through any Services, Customer will use such Customer Personal Data solely for the purposes identified within the Customer’s privacy policy or as otherwise agreed with the owners of such Personal Data.
(VI) mediasmart will have in place and maintain throughout the term of the Customer Agreement appropriate technical and organizational measures to prevent accidental or unauthorized destruction, loss, alteration or disclosure of Customer Data. Customer acknowledges that mediasmart shall have the right to delete Customer Data in accordance with mediasmart’s data retention policies and as required by GDPR.
(VII) In the course of performing the Services, ad technologies may be used by mediamart in relation to websites or applications of Customer, their respective customers, and other websites, applications and online and mobile presences to improve, analyze and measure the success of advertising campaigns. Customer will ensure that it obtains all appropriate and necessary consents, and provides all necessary information, to enable the use of such ad technologies in compliance with the GDPR.
(VIII) You grant to mediasmart the right to gather historical anonymous information about measurements from your campaigns running in mediasmart’s platform, with the purpose of optimizing viewability performance across campaigns.