Terms and Conditions
Welcome to Iconpeak. By submitting an application to, or by accessing the Company Platform, you are bound by the following Terms and Conditions of the Publisher Program (“T&Cs”).
These T&Cs, together with our Privacy Notice and the Data Processing Addendum, which are incorporated herein by reference, as well as with all current and future amendments and related orders by and between you and us, govern the relationship between you (“Publisher” or “you”) and Iconpeak (“Company” or “we”) and apply to Publisher’s participation in the Publisher Program, and collectively constitute the “Agreement”.
1.1 “Account” means the Publisher’s account on the Company Platform associated with the Publisher Program.
1.2 “Action” means a click, install, sale, download, lead, impression, registration, subscription, or other event, as defined in the applicable order or as otherwise specified as eligible for remuneration by the respective Advertiser.
1.3 “Advertiser” means a client of Company who wishes to promote the Advertiser Product.
1.4 “Advertiser Product” means the products, services or equivalent offered by an Advertiser which are promoted by Company via the Publisher Program.
1.5 “Advertiser Platform” means the landing page, website, or app to which end users may be redirected via the Links.
1.6 “Advertising Materials” means any trademarks, advertising content, images, text, video, data or other material provided by or on behalf of an Advertiser to Company.
1.7 “Publisher Program” means the participation of Publisher in the Company Platform as an Publisher of Company, providing and making available Publisher Media to Company.
1.8 “Commission” means the amount payable to the Publisher in return for marketing an Advertiser Product, in accordance with the respective Advertiser’s terms with Company; or for supplying advertising space, as agreed by the Parties.
1.9 “Company” means FIBERMOBI PERFORMANCE MARKETING SOLUTIONS GMBH, with registered office at Invalidenstraße 112, 10115 Berlin, Germany and whose VAT is DE289357781, which is the owner of Company Platform.
1.10 “Company Platform” means the internet website and platform owned and operated by Company to provide the Services.
1.11 “Links” means graphic and textual links to the Advertiser Platform.
1.12 “Parties” means the Publisher and Company together; “Party” in the singular shall also mean any of the Parties herein qualified.
1.13 “Publisher” means the party executing this Agreement with Company.
1.14 “Publisher Media” means websites or other internet inventory owned, maintained or controlled by Publisher, whether of Publisher’s own stock of internet advertising space, purchased on third party platforms, or otherwise to which the Publisher has the right to use, whereby advertising space is made available.
1.15 “Services” means the services or assistance provided by Company under this Agreement.
2. Enrollment in the Publisher Program
2.1 In order to participate in the Publisher Program you may be required to submit an online application. Company reserves the right to reject any application at its sole discretion.
2.2 It is Company’s intention to purchase advertising space from the Publisher Media, paying to the Publisher a certain amount through the payout model described in Section 5 (Commission and Payment Conditions) of this Agreement.
2.3 The Parties will remain, at all times, primarily liable to each other under the terms mentioned in this Agreement.
2.4 This Agreement prevails over any terms supplied by the Publisher.
2.5 Any individual contracting on his or her own behalf warrants that he or she is aged 18 or over. Any individual applying for the Publisher Program on behalf of a proposed Publisher warrants that he or she has all necessary authority to bind that proposed Publisher.
3. Provision of the Services
3.1 Through the present Agreement, Company may provide Publisher with advertising solutions to monetize mobile and internet inventory spaces via the Publisher Program.
3.2 Company may make available to Publisher via the Publisher Program the Advertiser Materials and Links, which Publisher shall display on the Publisher Media. The Advertiser Materials and Links will serve to identify Publisher as a member of the Publisher Program and will establish a link from the Publisher Media to the Advertiser Platform.
3.3 Publisher shall provide the internet advertising space on the Publisher Media to Company and shall apply all of its better resources and skills for the supply of said space.
3.4 The space to be supplied by the Publisher to Company as well as other technical and/or specific conditions related to it shall be determined through access of the Publisher to the Company Platform.
3.5 Publisher recognizes that Company users are available to send their traffic to another link based on a minimum EPC for each segment and that this EPC is calculated based on Company’s global data.
3.6 The Parties recognize that Publisher is given the possibility to monetize its traffic through Company’s algorithm and that the offer with the higher EPC of each segment will be automatically selected. Nevertheless, Company is not able to guarantee that the same EPC on that segment will be achieved since it will depend also on the traffic quality.
3.7 Any modifications to the conditions of the advertising space as well as others related to it as determined in the instructions that the Publisher has given to Company shall be made through the same procedure as mentioned in the previous number.
3.8 Publisher shall comply with lawful and reasonable directions regarding the advertising space communicated to it, from time to time, by Company, since it does not cause the Publisher to incur in extra costs.
3.9 Each Party shall at all times cooperate with the other in good faith. Furthermore, Company, on an ongoing basis, shall follow Publisher’s reasonable directions with respect to the advertising space.
4. Limited License
4.1 Company grants Publisher a nonexclusive, nontransferable, revocable right to use the Advertising Materials and to access the Company Platform solely in accordance with the terms of this Agreement, for the sole purpose of identifying Publisher as a participant in the Publisher Program and assisting in increasing sales through the Advertiser Platform.
4.2 Publisher may not alter, modify, manipulate or create derivative works of the Advertising Materials or any graphics, creatives, links, copy or other materials owned by, or licensed to, Company in any way. Publisher is only entitled to use the Advertising Materials to the extent that Publisher is a member in good standing of the Publisher Program. Company may revoke Publisher’s license anytime by giving Publisher written notice.
4.3 Except as expressly stated herein, nothing in this Agreement is intended to grant Publisher any rights to any of Company’s trademarks, service marks, copyrights, patents or trade secrets. Publisher agrees that Company may use any suggestion, comment or recommendation Publisher chooses to provide to Company without compensation. All rights not expressly granted in this Agreement are reserved by Company.
5. Commission and Payment Conditions
5.1 Publisher shall be entitled to receive a Commision for the supply of advertising space. The payment terms shall be agreed by the Parties in each case in the applicable order.
5.2 The payment of the Commission by Company to the Publisher is dependent upon the respective Advertiser providing such funds to Company, and therefore, Publisher agrees that Company shall only be liable to Publisher for Commissions to the extent that Company has received such funds from the Advertiser.
5.3 In case both Parties decide not to proceed according to the payment method mentioned in the previous numbers, a custom revenue share payable to the Publisher by Company shall be determined in writing between the Parties. In case this custom revenue share is agreed between the Parties, the Publisher will not be entitled to any bonus. This means that the previous numbers shall cease to apply.
5.4 The form of payment to the Publisher and agreed by the Parties under the conditions set forth in the present clause can be chosen by the Publisher in the Publisher Program available at Company Platform.
5.5 The payments to the Publisher shall be processed in full by Company without set-off, reduction or withholding on any account whatsoever and within 30 (thirty) days of receipt of the invoice if another information is not mentioned. All Company payments are made on demand.
5.6 If Company fails to pay any amount due under the present Agreement, the Publisher will be able to, without prejudice to any other right or remedy available, suspend the provision of the advertising space until Company proceeds to the liquidation of the amount due at the time.
5.7 The payments to the Publisher shall be made by Company by wire/bank transfer and PayPal. The payment method shall be decided by the Publisher by accessing Company Platform, being the payment fees charged by the bank or payment provider deducted from the amount due to the Publisher. For accounts set as “private”, wire transfers may be requested only in EUR.
5.8 In order to withdraw money from the Account, the Publisher must have generated with his traffic 125 EUR/USD and have all documents approved after uploading them.
5.9 All the fees correspondent to revenue from the use of the advertising space and directed to Company are exclusive of Value Added Tax as well as any other applicable duties and/or taxes, all of which shall be for Company’s account.
5.10 Publisher shall provide Company with all the necessary information regarding Publisher’s bank details in order for Company to pay the Commissions. In the event that Publisher fails to provide Company with complete and correct bank information, Company shall incur no liability for late payments arising as a consequence of such failure by Publisher, including but not limited to any damages, losses, expenses, interests, and fees.
6.1 The parties agree that Company shall provide daily reports to Publisher as to numbers or sign ups as well as the revenue generated.
6.2 The reports mentioned in the previous number may include statistics which the Publisher, acting reasonably, deems relevant, reporting on various aspects of the advertising space.
7. Duration and Term
7.1 The present Agreement shall begin in the date of acceptance of Publisher’s application to the Publisher Program by Company and shall last until Publisher fails to respect any of the clauses of this Agreement or as otherwise terminated as provided in this Section 7 (Duration and Term).
7.2 Either Party may terminate this Agreement at any time forthwith by written notice to the other if:
- a) The other Party breaches this Agreement in a irremediable way or, if remediable, the other Party does not cure the breach within 45 (forty five) days after receiving written notice requiring the same; or
- b) The other Party becomes bankrupt, insolvent, or enters into liquidation, whether voluntary or compulsory.
7.3 Neither Party shall have any remedy against the other based on the termination of this Agreement. The termination of the present Agreement shall be without prejudice to the rights of either party accrued at the date of such termination.
8.1 The Publisher is expressly prohibited from using any persons, means, devices or arrangements to commit fraud, violate any applicable law, interfere with other Publishers of Company or falsify information in connection with referrals through the Advertising Materials or Links or the generation of Commissions or exceed the Publisher’s permitted access to the Publisher Program. Such acts include, but are in no way limited to, using automated means to increase the number of Actions through the Advertising Materials or Links or completion of any required information, using spyware, stealware, cookie-stuffing and other deceptive acts or click-fraud. Company shall make all determinations about fraudulent activity in its sole discretion.
9.1 In addition to any other rights and remedies available to Company under this Agreement, Company reserves the right to delete any Action submitted through the Links and withhold and freeze any unpaid Commissions or charge back paid Commissions to the Account if (i) Company determines that Publisher has violated this Agreement, (ii) Company receives any complaints about Publisher’s participation in the Publisher Program which Company reasonably believes to violate this Agreement, or (iii) any qualified Action is later determined to have not met the requirements set forth in this Agreement or on the Publisher Program. In the event of a material breach of this Agreement, Company reserves the right to disclose Publisher’s identity and contact information to appropriate law enforcement or regulatory authorities or any third party that has been directly damaged by Publisher’s actions.
10. Representations and Warranties
10.1 Both Parties represent and warrant to each other that:
- a) This Agreement is executed and signed by a duly authorised representative of the warranting Party;
- b) They have full capacity and authority and all the necessary licenses, permits and consents (including, where its circumstances and procedures so require, the consent of its parent company) to enter into and to perform this Agreement and shall maintain the same during the term of this Agreement;
- c) They are not insolvent or unable to pay their debts, that no order has been issued or any petition requested or resolution passed for its winding up or for an administration order and no receiver, administrative receiver or administrator or manager has been appointed by any person of its business or assets or any part thereof nor has any equivalent event like the ones mentioned taken place.
10.2 Publisher represents and warrants to Company that:
- a) The advertising space will meet Company’s requirements, but it will not be able to guarantee that the space will be uninterrupted, timely, secure or error free;
- b) The supply of the advertising space and the Publisher Media shall be in compliance with all applicable laws, enactments, orders, regulations and other similar instruments in each jurisdiction in which the space is supplied and in each country or territory which exercises effective jurisdiction over the use of the said space;
- c) The supply of the advertising space and Publisher’s actions pursuant to this Agreement shall not infringe the intellectual property rights of any third party;
- d) It will send traffic which is not the result of fraudulent activity;
- e) The Advertising Materials and Links will not become subject to any virus, worm, time bomb, Trojan horse, or other instrumentality, contamination or device that will cause any component of the Advertising Materials and Links to be erased, corrupted or become inoperable or incapable of processing or affect operations of any other systems; and
- f) It will not sublicense its rights or obligations hereunder except as expressly provided hereunder or otherwise with Company’s prior written approval; and, it will only work with subpartners that are bound to Publisher by terms as comprehensive as those of the present Agreement, and Publisher shall remain fully liable for its subpartners at all times.
10.3 Company represents and warrants to Publisher that:
- a) The use of the advertising space shall be in compliance with all applicable laws, enactments, orders, regulations, and other similar instruments in each jurisdiction in which the inventory space is supplied and in each country or territory which exercises effective jurisdiction over the use of the space; and
- b) The use of the space and Company’s actions pursuant to this Agreement shall not infringe the intellectual property rights of any third party.
10.4 Notwithstanding the previous numbers, Publisher will assume full legal liability corresponding to unauthorized or illegal advertising content, violation of intellectual property rights, deceptive, unfair and/or false advertising or any other form of unlawful conduct. Should any law enforcement agency, internet service provider or other individual or entity provide Company with notice that Publisher has engaged in unlawful conduct or conduct in violation as mentioned before, Company reserves the right to cooperate in any investigation related to the Publisher activities.
10.5 Publisher will be fully responsible for all of its campaigns and ensures that all the content and the Advertising Materials to be used in each campaign will be according with the rating established by each country and operator. The Publisher shall be fully responsible for the payment of all sanctions, liquidations, fines, penalties which may be imposed for non-compliance with applicable laws and regulations related to any marketing campaign or to the generation of mobile web traffic by the Publisher to the Services under the scope of this Agreement.
10.6 Following the procedure mentioned in Section 6 (Reporting), the Parties undertake to pay attention to paused campaigns. Notwithstanding being able to promote specific campaigns, Publisher must always pay attention and confirm if the campaigns are active or not.
10.7 Meanwhile, Company undertakes severally to inform and ask the Publisher, by e-mail, to stop and/or pause the segments if any campaign is not active. In case safety fallback is enabled and Publisher continues to send traffic related to paused campaigns, this traffic will be automatically redirected to different campaigns. Furthermore, in case the Publisher does not change its proceedings in this matter, its users will be redirected to Company’s algorithm and, in these cases, Company is unable to guarantee the same EPC that the Publisher was receiving for the offer.
11.1 THE Publisher PROGRAM, THE ADVERTISING MATERIALS AND LINKS, AS WELL AS THE PRODUCTS AND SERVICES PROVIDED IN CONNECTION THEREWITH, ARE PROVIDED TO PUBLISHER “AS IS”. EXCEPT AS EXPRESSLY SET FORTH HEREIN, COMPANY EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS, IMPLIED OR STATUTORY, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING, USAGE, OR TRADE. COMPANY DOES NOT WARRANT THAT THE Publisher PROGRAM OR THE ADVERTISING MATERIALS AND LINKS WILL MEET PUBLISHER’S SPECIFIC REQUIREMENTS OR THAT THE OPERATION OF THE Publisher PROGRAM OR THE ADVERTISING MATERIALS AND LINKS WILL BE COMPLETELY ERROR-FREE OR UNINTERRUPTED. COMPANY EXPRESSLY DISCLAIMS ANY LIABILITY FOR ANY ACT OR OMISSION OF AN ADVERTISER OR THEIR PRODUCTS OR SERVICES. COMPANY DOES NOT GUARANTEE THAT PUBLISHER WILL EARN ANY SPECIFIC AMOUNT OF COMMISSIONS.
12. Confidentiality and Non-disclosure
12.1 Any confidential information and proprietary data provided by one Party (the “Disclosing Party”) to the other Party (the “Receiving Party”), including, but not limited to, any advertisement description, the pricing of any advertisement or the Disclosing Party’s personal and corporate documents, shall be deemed “Confidential Information” of the Disclosing Party. Confidential Information shall be kept in the strictest confidence and shall be protected by all reasonable and necessary security measures. Confidential Information shall not be released by the Receiving Party to anyone except an employee or agent who has a need to know same, and who is bound by confidentiality obligations. Neither Party will use any portion of Confidential Information provided by the other Party hereunder for any purpose other than those provided for under this Agreement.
13.1 The Publisher shall defend and hold harmless Company, its parents, subsidiaries, Publishers, partners, agents, officers and employees, during and after the term of this Agreement, from and against all claims, demands, actions, suits, judgments, settlements, damages, costs, losses, liabilities and expenses of any nature (including reasonable legal fees and expenses) based on, in connection with or related in any way to, directly or indirectly, (i) any failure or breach of this Agreement, including any representation, warranty, or obligation made by Publisher herein; (ii) any misuse by Publisher, or by a party under the reasonable control of Publisher or obtaining access through Publisher, of the Advertising Materials, Links, Company Platform, or Company’s or Advertiser’s intellectual property, (iii) any claim related to Publisher Media, including but not limited to, the content contained thereon (except for the Advertising Materials and Links); or (iv) Publisher’s willful, unlawful or negligent acts or omissions.
13.2 Company shall defend and hold harmless Publisher, its parents, subsidiaries, Publishers, partners, agents, officers and employees, during and after the term of this Agreement, from and against all claims, demands, actions, suits, judgments, settlements, damages, costs, losses, liabilities and expenses of any nature (including reasonable legal fees and expenses) based on, in connection with or related in any way to, directly or indirectly, (i) any failure or breach of this Agreement, including any representation, warranty, or obligation made by Company herein; or (ii) Company’s willful, unlawful or negligent acts or omissions.
14. Limitation of Liability
14.1 Each Party hereby excludes any liability for breach of duty other than any such liability arising from this Agreement.
14.2 Neither Party shall have liability in relation to the other for: loss of revenue; loss of actual or anticipated profits; loss of contracts; loss of the use of money; loss of anticipated savings; loss of business; loss of opportunity; loss of goodwill; loss of reputation; loss of, damage to or corruption of data; or any indirect, incidental, special or consequential loss or damage; and such liability is excluded whether it is foreseeable, known, foreseen or otherwise.
14.3 In no event shall Company be liable for any unavailability or inoperability of Company Platform, Advertiser Platform, Advertising Materials and Links, technical malfunction, computer error, corruption or loss of information, damage or disruption of any kind beyond the reasonable control of Company.
14.4 Company’s cumulative liability to Publisher, from all causes of action and all theories of liability, will be limited to and will not exceed the amounts paid to Publisher by Company in Commissions during the six (6) months immediately prior to such claim.
15. General Provisions
15.1 This Agreement contains all the terms agreed between the Parties regarding its subject matter and supersede and exclude any prior agreement, understanding or arrangement between the Parties, whether oral or in writing.
15.2 The Parties hereby agree that this is the sole agreement that will be signed between them.
15.3 The Parties are independent contractors and nothing in this Agreement will create any partnership, joint venture, agency, franchise, representative status or employment relationship between them. Neither Party has authority to and shall not make any representations or incur any liability or cost or enter into any contracts or other arrangements involving the other Party in financial or other commitments without that other Party’s express prior approval in writing; nor shall either Party hold itself out as having authority to do the same.
15.4 Neither Party shall be liable for any delay or failure to perform its obligations under this Agreement to the extent that and for so long as such delay or failure results from circumstances beyond its control (“Force Majeure”). In case an event of Force Majeure occurs, the Party suffering such event shall notify the other Party as soon as reasonably practicable of becoming aware of such event. If any event of Force Majeure continues for a period exceeding 3 (three) weeks, the Party not suffering such event shall have a right to terminate this Agreement immediately on written notice to the other Party.
15.5 All notices and other communications required or permitted to be served or given shall be in writing and sent by email to the intended recipient’s address as communicated by the Parties in the related order. In any case, when directed at Company, a copy shall always be sent to the following address:
15.6 Notices shall be treated as having been served 2 (two) working days after posting or dispatch if sent by first class post or courier, and on confirmation of transmission if sent by facsimile.
15.7 Either Party’s failure to enforce or exercise at any time or for any period of time any term of or any right pursuant to this Agreement does not constitute, and shall not be construed as, a waiver of such term or right and shall in no way affect that Party’s right later to enforce or to exercise it.
15.8 If any provision contained in this Agreement is determined to be invalid, illegal or unenforceable in any respect under any applicable law, then such provision will be severed and replaced with a new provision that mostly reflects the original intention of the Parties, and the remaining provisions of this Agreement will remain in full force and effect.
15.9 Those provisions that either are expressed to survive its expiry or termination or from their nature or context it is contemplated that they are to survive such termination, shall survive termination of this Agreement.
15.10 The Parties shall do and execute all such further acts and things as are reasonably required to give full effect to the rights given and the transactions contemplated by this Agreement.
15.11 Company may update and change any part or all of this Agreement from time to time. In case Company updates or changes the terms of this Agreement, the updated terms will be posted in Company’s website and Company will notify Publisher via email or a notification in the Company Platform. The updated Agreement will become effective and binding on the next business day after it is posted. Publisher should review this Agreement periodically. If Publisher does not agree with a modification to this Agreement, Publisher must notify Company in writing within thirty (30) days after receiving notice of modification.
15.12 Clause headings are for ease of reference and do not form part of nor shall they affect the interpretation of this Agreement.
15.13 References to each Party herein include references to its successors in title, permitted assigns and novatees.
15.14 In case of any conflict between other agreement signed between the Parties and the conditions and terms hereby agreed, the present Agreement shall prevail.
15.15 This Agreement shall be governed by and construed in accordance with the Laws of Germany.
15.16 Any disputes related to this Agreement will be submitted to the Berlin courts in Germany.
Data Processing Addendum
This Data Processing Addendum (“DPA”) is incorporated by reference into the Terms and Conditions of the Publisher Program (“T&Cs”) and all current and future amendments and related orders by and between you (“Publisher” or “Controller”) and Iconpeak (“Company” or “Processor”), and collectively constitute the “Agreement”. This DPA is supplemental to the Agreement and sets out the terms governing the processing of Personal Data by Company on behalf of Publisher under the Agreement.
The purpose of this DPA is to ensure such processing is conducted in accordance with applicable laws, including the Data Protection Laws, and with due respect for the rights and freedoms of individuals whose Personal Data are processed. The term of this DPA shall follow the term of the Agreement.
1.1 Capitalized terms used but not otherwise defined herein shall have the same meaning as set forth in the Agreement.
1.2 “Data Protection Laws” means the General Data Protection Regulation (“GDPR”) (EU 2016/679) and all applicable legislation relating to data protection and privacy, including without limitation all local laws, regulations and secondary legislation, together with any national implementing laws, as amended or updated from time to time.
1.3 The terms “Controller”, “Data Subject”, “Personal Data”, “Processor” and “Processing” as used in this DPA have the meanings given in the GDPR.
2. Processing of Personal Data
2.1 Compliance with Data Protection Laws. Both parties will comply with all applicable requirements of the Data Protection Laws.
2.2 Details of the Processing. The subject matter and duration of processing, nature and purpose of processing, specific types of Personal Data that Company will process and categories of Data Subjects whose Personal Data will be processed are set forth in Schedule 1 (Scope of Processing).
2.3 Roles of the Parties. The parties acknowledge that, under the Data Protection Laws, Company is the data processor and Publisher is the data controller or processor, as applicable, of Personal Data.
2.4 Authorisation by Third Party Controller. If Publisher is a processor, Publisher warrants to Company that Publisher’s instructions and actions with respect to Personal Data, including its appointment of Company as another processor, have been authorised by the relevant controller.
2.5 Publisher Instructions. Publisher instructs Company to process Personal Data:
- a) in accordance with the Agreement and Schedule 1;
- b) to provide the Services and any related technical support;
- c) as further specified via Publisher’s use of the Services (including in the settings and other functionality of the Services) and any related technical support; and
- d) to comply with other reasonable instructions provided by Publisher where such instructions are consistent with the terms of the Agreement and this DPA.
2.6 Company’s Compliance with the Instructions. Company shall collect, process and use Personal Data only within the scope of Publisher’s instructions. Company may process Personal Data other than on the instructions of Publisher if it is required under applicable law to which Company is subject. Where Company is relying on applicable law as the basis for processing Personal Data, Company shall promptly notify Publisher of this before performing the processing required by the applicable law unless such applicable law prohibits Company from so notifying Publisher. If Company believes or becomes aware that any of Publisher’s instructions conflict with any Data Protection Laws, Company shall inform Publisher promptly and cease all processing (other than merely storing and maintaining the security of the affected Personal Data) until such time as Publisher issues new instructions with which Company is able to comply. If this provision is invoked, Company will not be liable to Publisher under the Agreement for any failure to perform the Services until such time as the Publisher issues new instructions in regard to the processing.
3. Publisher’s Obligations
- a) it has complied, and will continue to comply, with all statutory requirements imposed by the Data Protection Laws, including but not limited to having an adequate legal basis for processing Personal Data in accordance with the terms of the Agreement and this DPA;
- b) it has, and will continue to have, the right to transfer, or provide access to, the Personal Data to Company for processing in accordance with the terms of the Agreement and this DPA;
- c) it will inform Company comprehensively and without undue delay about any errors or irregularities related to statutory provisions on the processing of Personal Data.
4. Company’s Obligations
- a) implement appropriate technical and organizational measures to safeguard Personal Data, taking into account the costs of implementation and the nature, scope, context and purposes of processing, as well as the risk of varying likelihood and severity for the rights and freedoms of natural persons;
- b) ensure that all persons who have access to and/or process Personal Data, including its personnel, contractors and Subprocessors to the extent applicable to their scope of performance, are subject to confidentiality obligations with respect to the Personal Data;
- c) comply with its obligations under the Data Protection Laws by providing an adequate level of protection to any Personal Data that is transferred;
- d) assist the Publisher, at Publisher’s cost and by appropriate technical and organizational measures considering the nature of processing, in fulfilling Publisher’s obligations to respond to Data Subjects’ requests under the Data Protection Laws, to the extent Publisher does not have access to the Personal Data necessary to respond to such requests through its use or receipt of the Services. For the avoidance of doubt, Publisher is solely responsible for responding to Data Subjects’ requests for access, correction, restriction, objection, erasure or data portability, as applicable, of that Data Subjects’ Personal Data;
- e) take reasonable measures to cooperate and assist Publisher in conducting a data protection impact assessment and related consultations with any supervisory authority, if Publisher is required to do so under the Data Protection Laws;
- f) notify Publisher without undue delay on becoming aware of a Personal Data breach affecting Personal Data, provided that such breach is not caused by Publisher or Publisher’s personnel or end users. At Publisher’s request, Company will promptly provide Publisher with all reasonable assistance necessary to enable Publisher to notify Personal Data breaches to competent authorities and/or affected Data Subjects, if Publisher is required to do so under the Data Protection Laws;
- g) make available to Publisher all information reasonably necessary to demonstrate Company’s compliance with this DPA. No more than once per year, Publisher may engage a mutually agreed upon third party to audit Company solely for the purposes of meeting its audit requirements pursuant to Article 28, Section 3(h) of the GDPR. To request an audit, Publisher must submit a detailed audit plan at least four (4) weeks in advance of the proposed audit date describing the proposed scope, duration, and start date of the audit. Audit requests must be sent to email@example.com. The auditor must execute a written confidentiality agreement acceptable to Company before conducting the audit. The audit must be conducted during regular business hours, subject to Company’s policies, and may not unreasonably interfere with Company’s business activities. Any audits are at Publisher’s sole cost and expense; and
- h) upon termination or expiration of the Agreement, cease all processing of Personal Data subject to this DPA and delete or make available to Publisher for retrieval all relevant Personal Data in Company’s possession, except as otherwise prohibited, allowed or required by any applicable law. Company shall extend the protections of the Agreement and this DPA to any such Personal Data and limit any further processing of such Personal Data to only those limited purposes that require the retention.
5.1 Consent to Subprocessor Engagement. Company shall be entitled to engage third-party processors (“Subprocessors”) to fulfil its obligations defined in the Agreement only with Publisher’s written consent. Publisher hereby consents to Company appointing the third parties and affiliated companies listed at [*LINK WITH LIST OF SUBPROCESSORS*] as Subprocessors of Personal Data under this DPA.
5.2 Requirements for Subprocessor Engagement. Company will execute contracts imposing data protection obligations on its Subprocessors that are at least equivalent to those data protection obligations imposed on Company under this DPA. As between Publisher and Company, Company shall remain fully liable for all acts or omissions of any Subprocessor appointed by it pursuant to this Section 5.2.
5.3 Objection to New Subprocessors. If Company engages a new Subprocessor, Company will notify Publisher by updating its list of Subprocessors located on its website and informing Publisher of the change via email or the use of Company Platform. Publisher has the right to object to the engagement of new Subprocessors within 30 days after being notified, provided that the objection is based on reasonable grounds. If Publisher and Company are unable to resolve such objection, the parties will work together to find a mutually agreeable solution.
6. General Provisions
6.1 Except as stated in this DPA, the Agreement will remain in full force and effect. If there is a conflict between the Agreement and this DPA, the terms of this DPA will control as it relates to processing of Personal Data.
6.2 Where individual provisions of this DPA are invalid or unenforceable, the validity and enforceability of the other provisions of this DPA shall not be affected.
6.3 The party agreeing to this DPA as Publisher represents that it is authorized to agree to and enter into this DPA for, and is agreeing to this DPA solely on behalf of, the Publisher.
6.4 Any claims brought under this DPA shall be subject to the Terms and Conditions of the Publisher Program, including but not limited to, the exclusion and limitations set forth in the Agreement.
Schedule 1 Details of the Processing
Details of Data Processing
1 Subject Matter: The subject matter of the data processing under this DPA is the provision of the Services and any related technical support to Publisher.
2 Duration: Personal Data will be processed for the duration of the Agreement, in accordance with its terms, except as otherwise required by applicable law.
3. Purpose: The purpose of the processing of Personal Data under this DPA is the provision of the Services and any related technical support to Publisher and the performance of Company’s obligations under the Agreement and any applicable order, or as otherwise agreed by the parties in mutually executed written form.
4. Nature of the Processing: Company provides the Services as described in the Agreement, which involve processing Personal Data upon the instruction of the Publisher in accordance with the terms of the Agreement and any applicable order.
5. Categories of Data Subjects: Personal Data relates to the following categories of data subjects:
- a) Employees, agents, advisors, representatives, consultants, partners of Publisher (who are natural persons); and/or
- b) Publisher’s end users.
6. Types of Personal Data: Identification and contact information, including name and email address, the extent of which is determined and controlled by the Publisher in its sole discretion; financial information; other Personal Data such as navigational data (including website usage information), system usage data, application integration data; and other information about Publisher’s end users, such as online identifiers, including IP address, cookie identifier, device identifier, and advertising identifier.
7. Sensitive and Special Categories of Personal Data: Publisher shall not send Company any Sensitive or Special Categories of Personal Data, as defined in the Data Protection Laws.
Fibermobi Performance Marketing Solutions GmbH
Invalidenstr. 112, 10115 Berlin, Germany
Phone: +49 (0) 30 / 609836433
Managing Directors: Antoine Moreau
Commercial Register: Amtsgericht Berlin-Charlottenburg
Registration Number (HRB): HRB 150269B
VAT-ID (Ust-Id Nr.): DE289357781
THE FOLLOWING LEGAL INFORMATION IS REQUIRED ACCORDING TO GERMAN LAW
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Updated and effective as of May 25, 2018
At Iconpeak we understand the value of privacy and are committed to ensuring that all personal data we process is done so in accordance with applicable law and best practices, thus protecting the rights and freedoms of individuals. We place privacy at the core of our business and understand that good relationships are based on trust.
This Privacy Notice serves to explain to you how we process your personal data and disclose important information as required by the General Data Protection Regulation (“GDPR”) (EU 2016/679), including your rights towards your personal data. This Privacy Notice applies to the use of our websites and online platforms, the use of our services, and to our sales, marketing and customer contract fulfilment activities. It also applies to individuals who apply for a job with the IconPeak.
Details of the IconPeak
IconPeak refers to Fibermobi Performance Marketing Solutions GmbH. Our main headquarters is located in Germany, at Invalidenstr. 112, 10115 Berlin. IconPeak is part of the OLAmobile Group and is controlled by OLAMOBILE S.à.r.l., which has its headquarters in Luxembourg, at L-2453 Luxembourg, 2-4 rue Eugène Ruppert.
IconPeak provides online advertising services, which support publishers in monetizing their online advertising space, as described in the Terms and Conditions of the Publisher Program, and advertisers in marketing their products and services.
With regards to the personal data covered by this Privacy Notice, IconPeak is the data controller.
We have a Data Protection Officer, who can be contacted here: firstname.lastname@example.org.
When do we collect personal data?
We may collect personal data about you in the following cases:
- When you use our websites and online platforms, as well as our services.
- When you interact with us in person, through correspondence, by phone, in social media, or through our websites and online platforms.
- We may also collect certain personal data if we consider that this is in our legitimate interest or that of a third party, but only if this legitimate interest is not overridden by your interests or fundamental rights and freedoms. Before any data is collected we conduct an assessment to ensure this balance is appropriate.
Why do we collect and use personal data?
We collect and use personal data mainly to run our websites and online platforms appropriately, provide our services, perform sales and direct marketing activities, target advertising on our websites and platforms and elsewhere online, and process job applications with the IconPeak.
How do we use personal data?
We may use personal data for the following purposes:
- Provide, maintain, and improve our websites and online platforms.
- Provide our services, including related technical support and access to our online platforms.
- Prevent fraud, abuse, and other illegal activities; protect our rights and safety and those of others; enforce compliance with our policies; and comply with applicable law and requests of competent authorities.
- Send you direct marketing about our products and services, events, activities, and other promotions that we think may interest you.
- Perform direct sales activities.
- Target content and advertisements we and third parties display to you, both on our websites and online platforms and elsewhere online.
- Perform contractual obligations, such as making payments. The contract may be with IconPeak directly or with a subsidiary of IconPeak.
- Communicate with you, by replying to your requests;
- Notify you about any technical issues, updates and security alerts related to our services.
- Obtain aggregated insights about our websites and online platforms, such as by generating statistics about our user traffic and calculating advertisements served or clicked on.
- Process job applications.
Which types of personal data we collect?
We collect the following types of personal data:
- When you use our websites and online platforms, we collect IP address, device identifier, browser type, access time, and actions taken on the websites and online platforms.
- When you use our services and register on our websites and online platforms, we collect name, phone number, email address, password, and other information you decide to provide to us, such as a photo.
- We may collect additional information you provide to us, for example when you send us a job application or otherwise communicate with us.
IconPeak does not collect or processes any special categories of personal data. Our websites and online platforms, as well as our services, are not targeted to and should not be used by children under the age of 16. We do not knowingly collect personal data of children.
What are our legal bases for processing personal data?
We rely on the following legal bases:
- Performance of a contract, for providing our services and any related technical support, and fulfilling our contractual obligations, such as making payments.
- Our legitimate interests or those of a third party, for providing our websites and online platforms, ensuring security and integrity, performing direct marketing and sales activities, obtaining aggregated insights, processing job applications, and other relevant communications with you.
- Compliance with a legal obligation, where required by applicable law or by competent authorities.
- Your consent, which you can withdraw at any time, for targeted advertising, using tracking technologies, and other purposes disclosed at the time the data was collected.
For how long do we keep personal data?
We keep personal data for as long as it is necessary to fulfill the purpose for which the personal data was collected, for example during the period which you are registered in our websites or online platforms, to attend to any legal claims, for example if we believe that you have violated our rights, or for as long as required by applicable law.
When the personal data that we have collected is no longer required, we will delete it in a secure manner. We may further process data for statistical purposes, but in such cases, data will be anonymized.
What are your rights in relation to your personal data?
You have the following rights with respect to your personal data held by IconPeak:
- Right to request a copy of your personal data;
- Right to request that IconPeak corrects your personal data if inaccurate or out of date. If you have a registered account on our websites or online platforms, you can update your personal data directly on your preferences section.
- Right to request the erasure of your personal data when no longer necessary for the purposes for which they are processed.
- Right to withdraw your consent given to us for a certain purpose, for example for targeted advertising;
- Right to request a restriction on further processing, in case there is a dispute regarding the processing.
- Right to object to the processing, in case such processing is based on legitimate interests, for example for direct marketing and sales activities. You can opt-out of receiving direct marketing and sales communication from us here.
Any question or request related to your rights should be sent to email@example.com.
In case you are not satisfied with the way your personal data is treated, you have the right to file a complaint with a supervisory authority. If you are in the EEA, you can find more information about your local supervisory authority here.
This information is used to make our websites and online platforms work more efficiently, to provide us with business and marketing information, and to gather such personal data for the purposes of understanding how visitors use our websites and online platforms. Cookies and similar technologies help us tailor our websites and platforms to you, as well as to detect and prevent security threats and abuse. If used alone, these technologies do not personally identify you.
To find out more about cookies, including how to see what cookies have been set and how to manage and delete them, visit wikipedia.org, allaboutcookies.org, or aboutcookies.org.
Do we share personal data with other parties?
We may share personal data with the following parties:
- Service providers and other partners which help us to provide our services. For example, we may share certain personal data with a bank to make a payment or store certain personal data in a cloud platform.
- Partners we work with to serve targeted advertising and other marketing content, provided that you have given us your consent, which you can withdraw at any moment.
You can find a list of these parties here. We will ensure that these third parties are bound by this Privacy Notice and all applicable data protection laws, if necessary by executing data processing agreements. If data is transferred outside the EEA, we will ensure that appropriate safeguards are in place to protect your personal data.
We may be required to disclose certain personal data by law, to comply with a court order, or to protect our rights. In any case, we will do what we can to ensure that your rights remain protected.
Changes to this Privacy Notice
We may amend this Privacy Notice from time to time. The applicable version will always be found on our websites and online platforms. We encourage you to check this Privacy Notice occasionally to ensure that you agree to any eventual changes.