Last update – Friday 4th March, 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://www.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://www.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://www.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 abovementioned 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://www.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.

2. 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.

3. 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.

4. 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. 

5. 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.

6. 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.

7. 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.

8. 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.

9. 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.

10. 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.

11. 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.

12. 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.

Last update – 4th March 2022

Mobfox US LLC, its subsidiaries and affiliated companies (“Mobfox”, “we”, “Us” or “Our”) put great efforts in making sure that we secure and use your personal information (hereinafter: “Personal Information”) properly.

Mobfox is an international digital marketing company providing advertisers, agencies, publishers and application developers (“Customers”) with a wide range of digital and programmatic advertising solutions (“Service”).

This policy (the “Policy”) explains our privacy practices for processing Personal  Information on Mobfox’s advertising solutions and platforms and Mobfox’s Website (the “Site”). We process your Personal Information subject to the terms of this Policy.

This Policy applies to information that we may process:

• About visitors who visit, use, or interact with the Site and/or people who may contact us with enquiries;

• About Customers and employees (contractors or other contact persons) of our Customers; and

• About individuals who visit our Customers’ websites and/or apps (“End Users”).(collectively, “you”, “user”)

 
1. THE SERVICE

Mobfox provides Customers custom digital and programmatic based advertising solutions supported by proprietary platforms and optimization technologies. As such, Mobfox has no direct interaction with the individuals that visit Customers’ websites and/or apps.

The Personal Information Mobfox collects is typically used for Real-Time Bidding complex technological tools or platforms that enable advertising buyers to bid in “real time” for the opportunity to show an online advertisement when a web page is loaded,  an app and/or any other digital media source is used by the End User.

We collect information you provide to our Customers and information about your device as further described in the Policy.

When processing Personal Information about the End Users we receive from our Customers within provision of the Service, Mobfox is an independent controller of your Personal Information. Our Customers are also independent controllers of your Personal Information.

2. THE PERSONAL INFORMATION THAT WE COLLECT

Mobfox processes personal data that we receive from our Customers, you or a party on your behalf (for example your employer) in the context of our business. To the extent necessary and in order to provide our Service and comply with our contractual, policies and/or other obligations we also process personal information that may be obtained from publicly available sources.

Personal Information, means any information about an individual from which that person can be identified. It does not include data where the identity has been removed (known as “anonymous data”).

2.1. Visitors to our Site and people who contact us with enquiries

We, or third parties on our behalf, collect and use personal information which may include:

• Personal Information of our Site’s visitors, when they contact us or interact with the Site;

• your inquiry and/or general information about your interest in our Service;

• first and last name, email address, telephone number or any other information visitor can provide when communicating with us by email, fax, phone or otherwise.

When you access our Site, our servers log certain ‘traffic/session’ information from your device, such as your user agent and the Internet Protocol (IP) address.

When you use our Site, we may collect information about your activity, for example your log-in and log-out time, the duration of sessions, viewed web-pages or specific content on web-pages, activity measures and geo-location of your device.

The Site will also include links to third-party social media websites such as Facebook®, Twitter®, LinkedIn® and Google+®, as well as associated social media features and scripts, such as the Facebook® “like” button and widgets.

These features and scripts will collect your IP address, which page you are visiting on the Site, and will set a cookie to enable the feature to function properly. Social media features and widgets are either hosted by the applicable third party social media website or hosted directly on the Site.

Your interactions with these social media features and widgets, as well as your interactions with the social media websites themselves, are governed by the privacy policies of the applicable social media websites.

If you submit Personal Information in a comment on a blog post or on any applicable social media website, you should be aware that the Personal Information that you submit can be read, collected or used by others and could be used to send you unsolicited messages or otherwise contact you without your consent or desire.

We are not responsible for the Personal Information that you choose to submit in these forums.

When you contact us, or when we contact you, we will receive and process any Personal Information that you provide us.

We display personal testimonials of satisfied Customers on the Site in addition to other endorsements. With your consent we will post your testimonial along with your name. If you wish to update or delete your testimonial, you can contact us at: PrivacyCompliance@mobfox.com 

2.2. Customers and employees (contractors or other contact persons) of our Customers (including prospective Customers)

We, or third parties on our behalf, collect and use personal information which may include:

• Your first and last name, telephone number, company’s name and email address for Service registration and notice purposes. We will also collect your payment details to process your payment for the provision of the Service;

• your company’s name, line of business, date and place of incorporation, registration number and registered office, directors, shareholders, beneficial owners and their personal information as provided herein with respect to individuals;

• information provided for verification of identity or residence (including copies of passport or other personal document, utility bill);

• social media usernames/handles;

• details and copies of the documents confirming the right and legality of business establishment;

• information you provide when you communicate with us by email, fax, phone or otherwise contact customer service.

2.3. End Users

We, or third parties on our behalf, collect and use personal information which may include:

• Personal Information that the End User provides to the Customers, including but not limited to, age or gender;

• information about the End User’s device including device dimensions, model, manufacturer, operating system including its version and connection type, device identifiers such as mobile advertising IDs (e.g., Apple's iOs Identifier for Advertising (IDFA) or Google's Android Advertising ID (AAID), geographic location data when location services have been enabled for an app on an End User’s device that has integrated our Service and the IP address from which the device accesses a Customer’s website or app;

• Personal Information about an End User’s behavior on our Customers’ websites or apps, such as information about the activities or actions on those websites or apps, session start/stop time;

• information about ads served, viewed, or clicked on, such as the type of ad, where the ad was served, whether the End User clicked on it, the number of times an End User has seen the ad, and whether the End User visited the Customer’s website or relevant app store and/or purchased or installed the product or service advertised.

We use and deploy digital identifiers to automatically collect certain information. Some of this information may identify a particular computer or device and may be considered Personal Information.

We obtain such information by using digital identifiers. You can find more information on our digital identifiers below:

• Beacons, Pixels and Tags: Beacons (also sometimes referred to as web beacons or pixels) and tags enable online advertising companies to collect data, serve advertising, and provide related services, such as measurement or fraud prevention, on websites by allowing communication between a web browser and a server. A beacon is a small transparent image that is placed on a web page.

• A tag is a small piece of computer code that is run by the web browser.

• Mobile SDK: A mobile SDK is the mobile app version of a beacon or tag (see Beacons and Tags above). The SDK is a piece of computer code that publishers include in their apps to enable ads to be shown and to enable related services, such as measurement or fraud prevention, including by collecting and analyzing data which is available through the device on which the mobile SDK is installed.

• Cookie: A cookie is a small text file that is stored in a web browser by a website or ad server. By saving information in a cookie, websites and servers can remember preferences or recognize browsers from one visit to another or from one website to another.

• Non-Cookie Technology: Today’s online world is becoming increasingly complex, with a proliferation of new devices, software platforms, online services and other technology. As such, cookies are not always available. Therefore, companies are using alternative methods to distinguish devices. For example, some platforms, such as Apple’s iOS and Google’s Play Services for Android, provide unique IDs to be used for advertising. Most mobile devices are assigned unique identifiers that also may be used to distinguish devices. Additionally, it is possible to use mathematical techniques to make intelligent guesses about recognizing devices.
  

3. HOW DO WE USE PERSONAL INFORMATION, AND WHICH LEGAL BASIS SUPPORTS SUCH USE?

We will collect, use and store the personal information listed above for the following reasons:

1. Providing the Service

When providing the Service to our Customers we may use the Personal Information about the End users for the following purposes:

a. Serving Ads: 

We collect Personal Information about the End Users to allow our Publisher Customers to offer advertising inventory on their websites and/or apps to bid on and fill that inventory with relevant ads.

b. Interest-Based Advertising:

We collect Personal Information about the End Users to serve targeted ads to End Users for our Customers, based on the End User’s activity across websites and mobile apps, and information regarding an End User’s inferred commercial interests.

c. Ad Reporting and Conversions:

We collect Personal Information about the End Users to provide information and reports to our Advertising Customers about when and how End Users have been exposed to their ads, clicked on their ads, or visited the product marketed via their ads.

c. Geo-Targeting:

We collect Personal Information about the End Users to customize ads shown to our End Users based on their current or prior location.

d. Ad Measurement: 

We collect Personal Information about the End Users to understand how End Users respond to ads (e.g., clicking on the ad).

e. Aggregated Statistics:

We collect Personal Information about the End Users for reports on aggregated statistics regarding, for example, the effectiveness of online advertising campaigns.

f. Cross-Device Mapping: 

We enable cross-device mapping (the process of making inferences that certain devices are related to each other, i.e. they belong to the same End User or household), in order to serve or measure advertising on related devices on behalf of our Customers.

g. Fraud Detection and Prevention: 

We collect Personal Information about the End Users to identify invalid clicks (or ad queries) and protecting Mobfox’ Customers from fraudulent behavior.

h. Ensure Security and Debug:

We collect Personal Information about the End Users on order to identify and eliminate errors in our Service and ensure that systems and processes work properly and securely. 

i. Frequency Capping: 

We collect Personal Information about the End Users across our Customers’ websites and applications to prevent End Users from seeing the same ad too many times.

If you are located in the EEA, or the United Kingdom, our publishers who would like us to serve you personalized ads must first obtain your consent so that Mobfox and Mobfox’ Customers can process your Personal Information for this purpose. Some publishers may choose to obtain your consent for this purpose even if you are located outside of these regions. If you provide your consent, we will process your Personal Information described above for the purpose of serving you personalized advertising that Mobfox and Mobfox’ Customers believe is relevant to you. If you do not consent to Mobfox processing your personal data for personalized advertising purposes, we will still may process Personal Information for certain non-personalized advertising purposes in light of our legitimate interest. For example, we may process personal data in order to serve contextual advertisements, and to conduct the Frequency Capping, Fraud Detection and Prevention, and Ensure Security and Debug activities described above. We may also continue processing personal data where we believe that it is reasonably necessary to protect the rights or safety of any person; to address fraud, security or technical issues; or to protect the rights or property of Mobfox and our Customers.

2. Contacting our Customers: 

We will use Personal Information about our Customers and/or employees (contractors or other contact persons) of our Customers to enable us to provide our Customers with our Service (including performance of due diligence) and otherwise comply with our contractual and other obligations as well as to comply with our internal policies.

We will processes use our Customers’ Personal Information to contact Customers when necessary, such as to send reminders and to provide information and notices about the Service. 

We will also processes our Customers’ Personal Information to provide our Customers with technical and professional assistance, with regard to the Service they contracted to receive. 

We may further use Personal Information to deal with any enquiries you have about our Service or Site or to provide support for any issues you have.

We process our Customers’ Personal Information where it is necessary for the adequate performance of the contract regarding the requested Service.

3. Improvement of Our Service and Site

We use the Personal Information we collect to host, operate, maintain, secure, and further develop and improve our Service and Site, as well as to enable the Service's and Site`s  tools and features, study and analyze the functionality of the Service and Site, the Customers’ and the End Users' activities, to provide support, to measure the Service and/or Site`s activity for pricing purposes, to maintain the Service and to continue developing the Service and Site.

We process this Personal Information in light of our legitimate interest in improving the Service, to allow our users to have the best experience.

4. Maintain a Safe and Secure Environment

We may use your Personal Information to detect and prevent fraud, abuse and security incidents; verify and authenticate your identity and prevent unauthorized or illegal activity; enhance the safety and security of our Service; conduct security investigations and risk assessments; comply with our internal policies, prevent or take action against activities that are, or may be, in breach of our terms of service or applicable law. 

We process this information in light of our legitimate interest in improving our Service and enabling our users to browse in a secure environment.

5. Site Operation

We may use your Personal Information to allow you to access and use our Site, to receive enquiries from you through the Site, to ensure security of our Site, as well as for improvement, maintenance and technical support of the Site. 

6. Comply with a Legal Obligation

We obey the law and expect you to do the same. If necessary, we will use Personal Information to enforce our terms, policies and legal agreements, to comply with court orders and warrants, and assist law enforcement agencies, to collect debts, prevent fraud, misappropriation, infringements, identity thefts and any other misuse of the Service, and to take any action in any legal dispute and proceeding.

We will process this Personal Information to comply with any applicable legal obligation. 

7. Business Administration 

We may use the Personal Information for internal corporate reporting, business administration, ensuring adequate insurance coverage for our business, ensuring adequate bank financing for our business, ensuring the security and safety of company facilities, research and development, and to identify and implement business efficiencies. We may process your personal information for these purposes where it is in our legitimate interests to do so.

8. Sending Marketing and Promotional Communications

We may collect Personal Information to send marketing and promotional communications in accordance with the users marketing preferences.  Note that you may opt out and stop receiving our marketing materials at any time. 

We process this information in light of our legitimate interest in improving your experience of our Service and Site, by providing you with relevant information, personalized content, recommendations, and features.

4. HOW DO WE SHARE PERSONAL INFORMATION WITH OTHERS?

We will share your Personal Information with our Customers, service providers and other third parties, if necessary to fulfil the purposes for collecting the information.

We will also share Personal Information with companies or organizations connected, or affiliated with us, such as subsidiaries, sister-companies and parent companies, where it is in our legitimate interests to do so for internal administrative purposes (for example, ensuring consistent and coherent delivery of our Service to our customers, corporate strategy, compliance, auditing and monitoring, research and development and quality assurance).

We may disclose your Personal Information to third parties where it is in our legitimate interests to do so to run, grow and develop our business, such as:

• In the event that we sell or buy any business or assets, in which case we may disclose your personal information to the prospective seller or buyer of such business or assets;

• If we or substantially all of our assets are acquired by a third party, in which case personal information held by us about our customers will be one of the transferred assets;

• If we are under a duty to disclose or share your personal information in order to comply with any legal obligation, or in order to enforce or apply our terms and conditions and other agreements; or to protect our rights, property, or safety, or those of our customers or others. This includes exchanging information with other companies and organizations for the purposes of fraud protection.

5. AGGREGATED AND ANALYTICAL INFORMATION

We use standard analytics tools. The privacy practices of these tools are subject to their own privacy policies and they use their own cookies to provide their service (for further information about cookies, please see the ‘Cookies’ section in this Policy).

We use the standard analytics tools of Google Analytics and we will use additional or other analytics tools, from time to time. See Google Analytics Privacy Policy at: http://www.google.com/analytics/learn/privacy.html.

We use anonymous, statistical or aggregated information and will share it with our partners for legitimate business purposes. It has no effect on your privacy, because there is no reasonable way to extract data from the aggregated information that we or others can associate specifically to you.

You can opt-out of our mailing lists and terminate your use of the Service. You can request Mobfox to stop collecting any personal information about you.

Our Service does not respond to Do Not Track (DNT) signals. If you are a California resident, you are entitled to your California privacy rights.

6. YOUR CHOICE

At any time, you can unsubscribe from our mailing lists or newsletters, by sending us an opt-out request to: PrivacyCompliance@mobfox.com.

At any time, you can disable your account through your account page.

At any time, you can exercise your following opt-out options: (i) object to the disclosure of your Personal Information to a third party, other than to third parties who act as our agents to perform tasks on our behalf and under our instructions, or (ii) object to the use of your Personal Information for a purpose that is materially different from the purposes for which we originally collected such information, pursuant to this Policy, or you subsequently authorized such use. You can exercise your choice by contacting us at: PrivacyCompliance@mobfox.com.

We request and collect minimal Personal Information that we need for the purposes that we describe in this Policy. Following the termination or expiration of the Service, we will stop collecting any Personal Information from or about you. However, we will store and continue using or making available your Personal Information according with our data retention section in this Policy.

Some web browsers offer a “Do Not Track” (“DNT”) signal. A DNT signal is a HTTP header field indicating your preference for tracking your activities on the Service or through cross-site user tracking. Our Service does not respond to DNT signals.

If you do not want to be served with interest-based advertising on behalf of Mobfox, you may easily opt out of the data collection and targeted advertising services related to our Service. Please note that even if you opt-out, you may still receive content and advertising from us, however, such content and advertising shall not be target or interest-based.

Please read your device specific information to learn how to opt-out: Android-https://support.google.com/ads/answer/2662922.  

iOS–https://support.apple.com/en-il/HT205223. 

You may also contact us at PrivacyCompliance@mobfox.com and we will be happy to assist you.

You may limit the disclosure of certain information by your mobile device to us and our Partners by adjusting the settings on your mobile device. For iOS mobile Devices, go to “Settings” from your Device’s home screen; scroll down to “Privacy”; select “Advertising”; and turn on “Limit Ad Tracking.” For Android mobile Devices, go to “Google Settings” on your Device; select “Ads”; and check the box labeled “Opt Out of Interest-Based Ads.”

Our Partners may also provide ways for you to opt out from or limit their collection of information from and about you. Please refer to their privacy policies to learn more about the privacy practices of our Partners. Please note however, that we have no control and we are not responsible for the privacy practices of our Partners.

The online advertising industry also provides websites from which you may opt-out of receiving targeted ads from our data partners and our other advertising partners that participate in self-regulatory programs. You can access these, and also learn more about targeted advertising and consumer choice and privacy, at www.networkadvertising.org/choices, or www.youronlinechoices.eu and www.aboutads.info/choices/. You can also choose not to be included in Google Analytics by following this link: https://tools.google.com/dlpage/gaoptout

Mobfox Service is not intended for nor directed to individuals that are deemed to be children under applicable data protection or privacy laws (“children”), and we request that such children do not provide Personal Information through any of Mobfox’s Service. If you believe that Mobfox has inadvertently collected information from children in the course of the provision of the Service, please contact us at:  PrivacyCompliance@mobfox.com to request the deletion of the information.
 

7. ACCESSING YOUR PERSONAL INFORMATION

If you find that the information on your account is not accurate, complete or up-to-date, please provide us the necessary information to correct it.

At any time, you can contact us at: PrivacyCompliance@mobfox.com and request to access the Personal Information that we keep about you. We will need to ask you to provide us certain credentials to make sure that you are who you claim to be and to the extent required under the applicable law, will make good-faith efforts to locate your Personal Information that you request to access.

If you are eligible for the right of access under the applicable law, you can obtain confirmation from us of whether we are processing Personal Information about you, and receive a copy of that data, so that you could:

• verify its accuracy and the lawfulness of its processing;

• request the correction, amendment or deletion of your Personal Information if it is inaccurate or if you believe that the processing of your Personal Information is in violation of applicable law.

We will use judgement and due care to redact from the data which we will make available to you, Personal Information related to others.

8. YOUR EU DATA SUBJECT RIGHT

In some jurisdictions, in particular those located within the European Union (the "EU") or within the European Economic Area (the "EEA"), you may be afforded specific rights regarding your Personal Information. Subject to such eligibility, you may have the following rights to:

1. Request a rectification of your Personal Information where the information we hold about you is incorrect or incomplete.

2. Object to the processing of your Personal Information for direct marketing purposes.

3. Object to the processing of your Personal Information where our legal basis for that processing is that such processing is necessary for our legitimate interests.

4. Object to automated decision-making (including profiling) in certain circumstances.

5.        Request the erasure of your Personal Information in certain circumstances, such as where processing is no longer necessary for the purpose it was originally collected for, and there is no compelling reason for us to continue to process or store it;

6. Receive your Personal Information, or ask us to transfer it to another organization that you have provided to us, which we process by automated means, where our processing is either based on your consent or is necessary for the performance of a contract with you.

7. You have a right to lodge a complaint with the data protection supervisory authority of your habitual residence or place of work, regarding an alleged infringement of the GDPR.

A summary and further details about your rights under EU data protection laws, is available on the EU Commission’s website at: https://ec.europa.eu/info/law/law-topic/data-protection/reform/rights-citizens_en.

Note that when you send us a request to exercise your rights, we will need to reasonably authenticate your identity and location. We will ask you to provide us credentials to make sure that you are who you claim to be and will ask you further questions to understand the nature and scope of your request.

If we need to delete your personal data following your request, it will take some time until we completely delete residual copies of your personal data from our active servers and from our backup systems.

If you have any concerns about the way we process your personal data, you are welcome to contact us at: PrivacyCompliance@mobfox.com. We will look into your inquiry and make good-faith efforts to respond promptly.

9. IAB EUROPE TRANSPARENCY AND CONSENT FRAMEWORK

If you are the End User located in the EEA or the UK, please note that we are registered as a Vendor (our registration number in IAB global vendor list is 311) with, support and encourage our Customers to use the https://iabeurope.eu/tcf-for-vendors/ (the "Industry Framework") to provide you with dynamic transparency into and choice about the various third parties our Customers use to serve you ads, including ourselves. 

When you visit a Publisher’s website or app, the Industry Framework is designed to allow the Publisher the means to choose which vendor may be allowed access to your device, process your Personal Information and provide dynamic transparency and choice to you about each of these vendors (either an opportunity for you to consent or opt out of data processing by the vendor depending on that vendor’s legal basis and use of your Personal Information).

10. YOUR CALIFORNIA PRIVACY RIGHTS

If you are a California resident, California Civil Code Section 1798.83 permits you to request in writing, a list of the categories of personally identifiable information which we have disclosed to third parties during the preceding year, for the third parties’ direct marketing purposes. To make such a request, please contact us at: PrivacyCompliance@mobfox.com.

a. Accessing Your Personally Identifiable Information

If you find that the information on your account is not accurate, complete or up-to-date, please provide us the necessary information to correct it. At any time, you can contact us at: PrivacyCompliance@mobfox.com and request to access the personally identifiable information that we keep about you. We will need to ask you to provide us certain credentials to make sure that you are who you claim to be and to the extent required under the applicable law, and we will make good-faith efforts to locate your personally identifiable information that you request to access.

b. California Online Privacy Protection Act

CalOPPA requires commercial websites and online services to post a privacy policy. The law's reach stretches well beyond California to require any person or company in the United States (and conceivably the world) that operates websites collecting Personally Identifiable Information from California consumers, to post a conspicuous privacy policy on its website stating exactly the information being collected and those individuals or companies with whom it is being shared. See more at: http://consumercal.org/california-online-privacy-protection-act-caloppa/#sthash.0FdRbT51.dpuf. 

According to CalOPPA, we agree to the following:

• Once this Privacy Policy is created, we will add a link to it on our home page or on the first significant page after entering our Site.

• Our Privacy Policy link includes the word 'Privacy' and can easily be found on each page on the Site.

• You can request to rectify your Personal Information by emailing us.

11. CAN SPAM Act

The CAN-SPAM Act is a Federal US law that sets the rules for commercial email, establishes requirements for commercial messages, gives recipients the right to have emails stopped from being sent to them, and spells out tough penalties for violations.

To be in accordance with CANSPAM, we agree to the following:

• Not use false or misleading subjects or email addresses.

• Identify the commercial message sent to you as an advertisement when required.

• Include the physical address of our business or site headquarters.

• Monitor third-party email marketing services for compliance, if one is used.

• Honor opt-out/unsubscribe requests quickly.

• Allow users to unsubscribe by using the link at the bottom of each email.

If at any time you would like to unsubscribe from receiving future emails, you can email us at PrivacyCompliance@mobfox.com and we will promptly remove you from ALL correspondence.

12. DATA RETENTION

We retain different types of Personal Information for different periods, depending on the purposes for processing the information, our legitimate business purposes as well as pursuant to legal requirements under the applicable law.

For example, we will need to keep the information for several years due to tax related requirements, for accounts settling, record keeping, archiving and legal issues.

We will maintain your contact details, to help us stay in contact with you. At any time before or after the termination of your account, you can contact us at: PrivacyCompliance@mobfox.com and request to delete your contact details. Note that we will keep your details without using them unless necessary, and for the necessary period, for legal requirements and proceedings.

We will keep aggregated non-identifiable information, and to the extent reasonable we will delete or de-identify potentially identifiable information, when we no longer need to process the information.

As a Customer, as long as you use the Service, we will keep information about you, unless the law requires us to delete it, or if we decide to remove it at our discretion, according to the terms of this Policy.

We will store and process information in various sites throughout the globe, including in sites operated and maintained by cloud-based service providers.

13. TRANSFER OF DATA OUTSIDE YOUR TERRITORY

We will store and process information in various sites throughout the globe, mainly in the US.

To the extent necessary under EU privacy laws and regulations, we will implement data onward transfer instruments, such as the Standard Contractual Clauses and such other lawful instruments to transfer Personal Information, as may be available from time to time.

We use cookies to make it easier for you to log-in and to facilitate Service activities.

14. COOKIES AND OTHER TRACKING TECHNOLOGIES

Cookies are small files that a web server sends to a user’s device, when the user browses online.

Your device removes session cookies when you close your browser session. Persistent cookies last for longer periods. You can view the expiry date of each cookie, through your browser settings. We may use both types to facilitate the use of the Service`s features and tools. 

Every browser allows you to manage your cookies preferences. You can block or remove certain cookies, or all of them through your browser settings. Please bear in mind that blocking or removing cookies will have an effect on your user experience with our Service/ For example, you will need to re-enter your log-in details, or even prevent you from using features of the Service.

We may also use cookies for cross-devise tracking.

We also use clear gifs which are tiny graphics with a unique identifier (but do not retain any Personal Information), which are used to count user or visitor visits/clicks to web pages while using the Service.

We implement systems, applications and procedures to secure your Personal Information, to minimize the risks of theft, damage, loss of information, or unauthorized access or use of information.

15. INFORMATION SECURITY

We and our hosting services implement systems, applications and procedures to secure your Personal Information, to minimize the risks of theft, damage, loss of information, or unauthorized access or use of information.

These measures provide sound industry standard security. However, although we make efforts to protect your privacy, we cannot guarantee that the Service will be immune from any wrongdoings, malfunctions, unlawful interceptions or access, or other kinds of abuse and misuse.

16. CCPA PRIVACY NOTICE

If you are a California resident this CCPA Privacy Notice is applicable to Personal Information that we may process about you.

This part of our privacy policy contains disclosures and provisions required by the California Consumer Privacy Act of 2018 (the “CCPA”) and applies only to “Personal Information” that is subject to the CCPA and only to California residents. 

Collection, Disclosure or Sale of Personal Information

In the last 12 months, we collected the categories of Personal Information about California residents as described in this Privacy Policy including in this CCPA Privacy Notice. Our use of such Personal Information may qualify as a “Sale” under the CCPA, since the data we provide to third parties, including to our clients and partners might help us to generate valuable consideration. Even if our own use of Personal Information does not constitutes a “Sale” under the CCPA, our clients and partners may use our technology to buy or sell Personal Information as defined by the CCPA. If you wish to opt out of the use of your Personal Information for interest-based advertising purposes, you may do so by contacting us at: PrivacyCompliance@mobfox.com.

Categories of Personal Information We Collect

1. Personal and online identifiers (such as name, emails, unique online identifiers like cookies, mobile advertising IDs, etc.). Please note that we will not, however, sell any personal identifiers such as names and emails and they will be used only for our internal purposes as described in greater depth in other parts of our Privacy Policy.

2. Internet or other electronic network activity information (such as browsing history, interactions with a website or advertisement).

3. Geolocation information.

4. Inferences drawn from the above information about your predicted characteristics and preferences.

5. Other information about you that is linked to the personal information above.

Such Personal Information was received from the categories of sources of information set forth below, was collected for all of the purposes set forth below and was sold, used or shared to the third parties listed below: 

1. Categories of Sources: We collect this personal information from the following categories of sources: Publishers; Demand Partners; service providers (e.g. fraud prevention services, identity resolution platforms, Vendors on our website).

2. Why We Collect, Use, and Share California Information: We use and disclose the personal information we collect for our commercial and business purposes, as described in greater depth in other parts of 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 as identified in the CCPA, 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.

3. Recipients of California Personal Information: To the extent our use of Personal Information constitutes a “Sale” under the CCPA, we “sell” Personal Information to the following categories of third parties: (i) DSPs and other demand partners (including, without limitation, demand-side platforms, ad agencies and advertisers), (ii) publishers and other supply partners, and (iii) advertising technology companies (including, without limitation, data management platforms used by our partners). We disclose (or might disclose) the categories of Personal Information designated above to the following categories of third parties, for the above commercial and business purposes: Service providers (as defined by the CCPA), government entities (upon request and to the extent we are obligated to do so), advertisers, publishers, other demand and supply partners, internet and other services providers such as fraud protection vendors and data analytics companies.

Your Rights Regarding Personal Information

If you are a California resident, you may exercise the following rights regarding your Personal Information, subject to certain exceptions and limitations: (i) the right to know categories and specific Personal Information we collect, use, disclose, and sell about you over the past twelve (12) months, categories of sources from which we collected your Personal Information, our purposes for collecting or selling your Personal Information, the categories of your Personal Information that we have either sold or disclosed for a business purpose, and the categories of third parties with which we have shared Personal Information, (ii) the right to request that we delete the Personal Information we have collected from you or maintain about you, (iii) the right to opt out of any “sale” of your Personal Information and (iv) the right not to be discriminated against for exercising any of your rights under the CCPA.

To exercise any of the above rights, please contact us at: PrivacyCompliance@mobfox.com. 

Please note that because most of the information we store can only identify a particular browser or device, and cannot identify you individually, you need to provide us with some additional information to enable us to identify the Personal Information we hold about you, if any, and ensure that we accurately fulfil your request.

Minors under 16

Without derogating from any of our statements above, we do not sell the personal information of consumers that we know to be under 16 years of age.

Contact us at: PrivacyCompliance@mobfox.com or write us for every request and complaint. We will make good-faith efforts to resolve any existing or potential dispute with you.

17. DISPUTE RESOLUTION

We do periodical assessments of our data processing and privacy practices, to make sure that we comply with this Policy, to update the Policy when we believe that we need to, and to verify that we display the Policy properly and in an accessible manner. If you have any concerns about the way we process your Personal Information, you are welcome to contact us at: PrivacyCompliance@mobfox.com, or write to us. Our address is published on our website at: www.mobfox.com.

We will look into your query and make good-faith efforts to resolve any existing or potential dispute with you.

We will update our Policy from time to time after giving proper notice.

18. CHANGES TO THIS PRIVACY POLICY

From time to time, we will update this Policy. If the updates have minor if any consequences, they will take effect 7 days after we post a notice on the Service’s website. Substantial changes will be effective 15 days after we initially posted the notice.

Until the new policy takes effect, if it materially reduces the protection of your privacy right under the then-existing policy you can choose not to accept it and terminate your use of the Service. Continuing to use the Service after the new policy takes effect means that you agree to the new policy. Note that if we need to adapt the policy to legal requirements, the new policy will become effective immediately or as required by law.

You can see the old privacy policy here https://old.mobfox.com/privacy-policy/.

Contact Us
Please contact us at: PrivacyCompliance@mobfox.com for further information.

INTRODUCTION

This Cookies Policy is issued by Mobfox US LLC and its subsidiaries and affiliated companies (referred to as  “we”, “us”, “our” or “Mobfox” in this Cookies Policy).

This policy applies to our use of “cookies” in connection with Mobfox website (“Website”).

We use cookies on our  Website to help make your  visits more effective so we’d like to explain more about how and why we use them.  By continuing to browse our Website without adjusting your browser settings to block cookies (for information about how to do this please see below), you are agreeing to our use of cookies.

1. WHAT ARE COOKIES?

Cookies are small text files that may be stored on your computer (or other internet enabled devices, such as a smartphone or tablet) when you visit a website. They help websites remember information about your visit, like your country, language and other settings. They can also help make your next visit easier.

We use Cookies to help you efficiently browse our Website and to save you time by not having to re-enter your details each time you visit.  Cookies allow us to provide you with information and show you content relevant to you.  We also use Cookies to analyse how our customers interact with our Website so we can improve the customer journey.

2. HOW WE USE COOKIES?

The cookies used on this Website are either set by Mobfox or by its third party partners.

Cookies used on this Website fall into the following categories:

1. Strictly Necessary

2. Performance

3. Functionality

4. Targeting

Some of these are “session cookies”, which stay in place only for the duration of your visit to our Website and are deleted at the end of your browsing session. Others are “persistent cookies”, which remain on your device for a period of time after you have left the website. 

1. Strictly Necessary Cookies.

These cookies are essential in order to enable you to move around the Website and use its features. If you remove or disable these Cookies, we cannot guarantee that you will be able to use our Website or benefit from all our security features.

These Cookies contain a unique reference number which, for example, helps us to:

• identify you as logged in to secure parts of our Website for the duration of your visit;

• remember information you have previously entered to complete a form on our Website.
  

2. Performance Cookies

Performance Cookies collect information about how visitors use our Website.  They allow us to recognise and count the number of visitors and to see how visitors move around our Website and are used to, for example::

• analyse how visitors use our Website;

• record any errors that occur;

• test different designs of our Website; and

• measure the effectiveness of our advertising.

Performance Cookies don’t collect any information that could identify you.

3. Functionality cookies

These Cookies are used to provide services or to remember choices you make so we can personalise our content for you (for example, by remembering your choice of language or region).  We use this information to customise your experience of our Website to meet your preferences for content layout, text size etc.

You can manage these Cookies using your browser settings, however if you block them we may not be able to offer you certain services that you have chosen. 

4. Targeting Cookies

These Cookies record the fact that you have visited our Website, including which web pages you have accessed, which device you have accessed them from and which links you have followed.

We may use this information, for example:

• for fraud and website abuse detection purposes, including detecting players who have abused bonus schemes or other promotions, or engaged in arbitrage betting;

• to deliver online content and marketing (e.g. via email) tailored to your interests, or online experiences; and

• for providing advertising agencies with information about your visit so that they can show you relevant adverts online.

Please note that any direct communications will be conducted in line with our Privacy Policy and any preferences you have provided regarding receipt of direct marketing communications.

You can manage these Cookies using your browser settings, however, if you block them, we may not be able to offer you certain functionality within the Website.

3. ACCEPT OR BLOCK COOKIES

Most browsers have cookies enabled by default but you are able to change your cookies settings, which are usually found in the ‘options’ or ‘preferences’ menu of your internet browser.

You can block any cookies from any website by activating the setting on your browser that allows you to refuse the setting of some or all cookies. However, if you block all cookies you may not be able to access all or part of our Website. You can also use your browser settings to delete cookies.  For more information about how to disable cookies in your browser please visit www.allaboutcookies.org.

If you share the use of a computer, accepting or rejecting the use of cookies may affect all users of that computer.

If you would like more information about our privacy policy overall, please visit dedicated Privacy Policy.