Publishers and Marketers Authenticated Traffic Solution Country-Specific Terms

Subject to the terms of your Authenticated Traffic Solution for Publishers Statement of Work or Authenticated Traffic Solution for Marketers Statement of Work respectively, (“SOW“) and provided the LiveRamp privacy team has approved the distribution of data from each of the Approved Geographies below for publishers or marketers, you may transfer Partner Data from the following Approved Geographies (as defined in the respective SOW) in the Approved Geographies. Unless otherwise defined in these terms, all capitalized terms used herein shall have the meanings given to them in the SOW or your Agreement.

LiveRamp may, in its sole discretion, change these terms, from time to time, and will provide notice to you in the event of a material change in the terms. You must monitor your compliance with these terms on a regular basis. If, at any time, you cannot meet these terms or if there is a significant risk that you will not be able to meet them, you must immediately notify us by sending an email to dataethics@liveramp.com and take reasonable and appropriate steps to restore an adequate level of protection, and in case of publishers or marketers, immediately stop collecting and sharing Partner Data.

For the purpose of this country – specific terms:

“Partner” shall mean either Publisher or Marketer, as applicable.

“Partner Data” shall mean either Publisher Data or Marketer Data, as applicable.

COUNTRY/MARKET SELECTION

  1. North America
  2. LATAM
  3. Europe
  4. APAC

To the extent that the Partner Data provided by Partner comprises information that is considered personal data as defined by the Privacy Laws (“Personal Information“), then in relation to such data Partner represents and warrants that it will: (a) comply with all applicable privacy, data security, and data protection laws, regulations, and rules, including but not limited to the Privacy Laws; and b) notify their users of the purpose of use of personal ID (i.e., individual identifiers, cookie ID, mobile ID, such as an AAID or IDFA, etc.) and any associated personal data; c) obtain explicit consent regarding its collection, use, and sharing of Personal Information as required under Privacy Laws, including through inclusion of a prominent link to its privacy policy and/or description of data collection and usage practices at the time and location of collection and through notice that Personal Information may be transferred overseas.

United States

Partner will comply with applicable privacy laws, including the California Consumer Privacy Act of 2018 (“CCPA”) and all similar privacy laws in the United States.
As between LiveRamp and Partner, LiveRamp shall Process Partner Personal Information only as a processor or sub-processor (i.e., Service Provider under CCPA) acting on behalf of Partner.

LiveRamp shall not, and shall not authorize any third party to, process, retain, use, sell, transfer, disclose, or otherwise share Partner Personal Data for any Purposes other than for the specific purpose of performing the Services. LiveRamp may, however, disclose the Personal Information to its own processors and service providers where LiveRamp has carried out adequate due diligence on each such service provider and included obligations in the contract between LiveRamp and such service provider that are equivalent to those to which LiveRamp has agreed.

Partner agrees that it shall be responsible for dealing with and responding to all rights requests made by data subjects under applicable privacy laws which relate to the processing activities which are the subject of the SOW, including requests to access, delete, or opt out of the collection, use, or disclosure of Personal Information pertaining to them. Where necessary and required by law, LiveRamp shall promptly and in good faith take such actions and provide such information and assistance as Partner may reasonably request to enable Partner to honor requests of individuals to exercise their rights under applicable privacy laws.

ARGENTINA

  1. General provisions.
  2. For the purposes of this section, “Argentinian Data Protection Law” means all applicable Argentinian laws relating to data protection and privacy including (without limitation) (without limitation) Personal Data Protection Law No. 25,326 (“PDPL“),the Decree No. 1558/2001 and its related regulations issued by the enforcement local authority (Agencia de Acceso a la Información Pública and Direccón Nacional de Protección de Datos Personales), as well as any other applicable laws and regulations relating to data protection and privacy as implemented, and all amendments to or replacements of the above legislation.

    Each party represents, warrants and undertakes to the other that, throughout the term of this SOW, it shall comply with all applicable Data Protection Laws in addition to its contractual obligations as set forth herein.

  3. Specific terms for ATS
  4. To the extent that Partner Data provided by you comprises information that is considered personal data as defined by applicable Argentinian Data Protection Law (” Argentinian Personal Information”), then in relation to such data Partner warrants and agrees that:

        • The Data Ethics Review described in the SOW shall take into account rules set out in Data Protection Law and Partner shall make available to LiveRamp all information necessary to allow such Data Ethics Review and contribute to reasonable further reviews conducted by LiveRamp;
        • The provision of the Partner Data to LiveRamp, and its subsequent use by LiveRamp for the purposes contemplated by the SOW will not violate Argentinian Data Protection Law, or any agreements between Partner and any third parties;
        • Partner will provide a valid notification to the data subjects of the Partner Data, in accordance with Section 6 of the PDPL, which explains (with the necessary level of detail) the sharing of the Partner Data with LiveRamp (naming LiveRamp and linking to the LiveRamp privacy policy), the creation of the envelope, the combination or matching of data, that the envelope is associated with the Partner’s first party storage, and that the first party storage and envelope is used for the purpose of targeted advertising;
        • It will obtain the valid consent of the data subjects of the Partner Data (in accordance with the Section 6 of the PDPL) for LiveRamp and Partner’s processing activities and purposes specified in the SOW;
        • It will keep records that demonstrate that the Partner has obtained such valid consents, which it shall make available to LiveRamp upon written request; and
        • In addition to any Prohibited Data restrictions set forth in your Agreement, it shall not provide to LiveRamp, or permit any third party to provide to LiveRamp on Partner’s behalf, any special categories of data as defined by the Argentinian regulator. If Partner should transfer Prohibited Data to LiveRamp in violation of this section, Partner shall immediately notify LiveRamp and inform LiveRamp of the date, time, and other pertinent information related to the transfer so LiveRamp may take the steps necessary to remove the Prohibited Data from its systems.

    In accordance with the SOW, upon termination of the SOW LiveRamp shall not be required to destroy or cease use of any metadata collected at the same as Partner Data but LiveRamp shall use such metadata in compliance with statistical and research & development exceptions to the extent it is applicable. Such metadata may be transferred to LiveRamp Inc. in the USA: Partner agrees that such transfer will be covered by the “Contrato modelo de transferencia internacional de datos personales con motivo de prestación de servicios” published by the Argentinian government in the Disposición 60 – E/2016 (the “Argentinian SCCs“) which are hereby incorporated by reference to the agreement between the Parties. For the purpose of such Argentinian SCCs, Partner shall be considered the data exporter and LiveRamp Inc. the data importer.

    Partner agrees that it shall be responsible for dealing with and responding to all requests made by data subjects under Argentinian Data Protection Law which relate to the processing activities which are the subject of the SOW. In the event that LiveRamp receives a data subject request which relates specifically to Partner’s deployment of the Authenticated Traffic Solution, it shall forward that request to Partner without undue delay.

  5. Specific terms for Prebid Analytics Services
  1. Privacy and Fair Processing. To the extent that Analytics Data (as defined in the SOW) comprise any personal data, LiveRamp and Partner agree as follows:
    • The parties acknowledge that for the purposes of applicable Data Protection Laws, LiveRamp shall act as a Data Processor on behalf of Partner, and Partner is acting as a Data Controller;
    • Partner shall ensure that it has all necessary appropriate consents and notices in place to enable the use by LiveRamp of the Analytics Data in combination with Prebid Analytics Services;
    • Subprocessors. Partner provides LiveRamp a general written authorization to engage its Affiliates and the approved subcontractors listed in the table below as sub-processors of Personal Data under the SOW. LiveRamp remains responsible at all times for the performance of its Sub-Processors’ obligations in compliance with these data processing terms and the applicable Data Protection Laws.
  2. LiveRamp Responsibilities. LiveRamp shall, as data processor and, in relation to any Analytics Data including Personal Data processed in connection with Prebid Analytics Services:
    • Process that Personal Data only following the written instructions of the Publisher and shall not process it for any other purposes, unless LiveRamp is required to do so by applicable laws.
    • Where LiveRamp is relying on applicable laws as the basis for processing Personal Data, LiveRamp shall promptly notify Partner of this before performing the processing required by applicable laws unless prohibited by such laws;
    • Respect the confidentiality of the information processed and ensure that all personnel who have access to and/or process Personal Data are obliged to keep the Personal Data confidential;
    • Assist Partner at this latter’s cost in responding to any request from a Data Subject and in ensuring compliance with its obligations under applicable Data Protection Laws with respect to security, breach notifications, impact assessments and consultations with supervisory authorities or regulators;
    • Notify Partner within seventy-two (72) hours on becoming aware of a Personal Data Breach;
    • At Partner’s written direction, delete Personal Data and any copies still in its possession on termination of the SOW unless required by applicable laws to store Personal Data; and
    • Maintain complete and accurate records and information to demonstrate its compliance with this section, and allow for and contribute to audits, including inspections, conducted by Partner or its mandated auditor, provided that such audit (i) may not be performed more than once a year and the on-premise audit shall be limited to two (2) business days, (ii) shall be notified in writing at least ten (10) business days in advance and, (iii) where the audit is performed by a mandated auditor, this latter shall not be competitor of LiveRamp and it shall be bound by adequate confidentiality obligations;
    • Implement and maintain an information security program that contains administrative, technical, and physical safeguards that are appropriate to its size and complexity, the nature and scope of its activities, and the sensitivity of any consumer information at issue.
  3. Description of processing of Analytics Data
1 – Purpose of the processing of Personal Data
Description of the purpose: Provision by LiveRamp to Partner of analytics reports related to their use of the Authenticated Traffic Solution by using Partner Analytics Data.
2 – Data Subjects
Users of the Partner’s websites
3 – Types of Personal Data to be processed
Presence of RampID Envelope, bidder name, bid ID, auction ID, user browser, user platform/OS, timestamp(s), domain, Partner’s placement ID, currency, cost per mille, and net revenue
4 – Deletion of Personal Data
Partner Analytics Data shall be deleted within thirty (30) days.
Aggregate reports based on Analytics Data is retained by LiveRamp for up to one (1) year.
5 – List of main Subprocessors
Amazon Web Services (AWS) Location of the processing: Ireland
Nature of the processing by Subprocessor: hosting of LiveRamp dedicated secured environments

BRAZIL

  1. General provisions.
  2. For the purposes of this section, “Brazilian Data Protection Law” means all applicable Brazilian laws relating to data protection and privacy including (without limitation) Brazilian Law No. 13709/18 (“LGPD“), as well as any other applicable laws and regulations relating to data protection and privacy and Brazilian Law No. 12,965/14; as implemented, and all amendments to or replacements of the above legislation.

    Each party represents, warrants and undertakes to the other that, throughout the term of this SOW, it shall comply with all applicable Data Protection Laws in addition to its contractual obligations as set forth herein.

  3. Specific terms for ATS
  4. To the extent that Partner Data provided by you comprises information that is considered personal data as defined by applicable Brazilian Data Protection Law (“Brazilian Personal Information”), then in relation to such data Partner warrants and agrees that:

    • The Data Ethics Review described in the SOW shall take into account rules set out in Data Protection Law and Partner shall make available to LiveRamp all information necessary to allow such Data Ethics Review and contribute to reasonable further reviews conducted by LiveRamp.
    • The provision of the Partner Data to LiveRamp, and its subsequent use by LiveRamp for the purposes contemplated by the SOW will not violate Brazilian Data Protection Law, or any agreements between Partner and any third parties;
    • Partner will provide a valid notification to the data subjects of the Partner Data, in accordance with Article 9 of the LGPD, which explains (with the necessary level of detail) the sharing of the Partner Data with LiveRamp (naming LiveRamp and linking to the LiveRamp privacy policy), the creation of the envelope, the combination or matching of data, that the envelope is associated with the Publisher’s first party storage, and that the first party storage and envelope is used for the purpose of targeted advertising;
    • It will obtain the valid consent of the data subjects of the Partner Data (in accordance with the LGPD) for LiveRamp and Partner’s processing activities and purposes specified in the SOW;
    • It will keep records that demonstrate that the Partner has obtained such valid consents, which it shall make available to LiveRamp upon written request; and
    • In addition to any Prohibited Data restrictions set forth in your Agreement, it shall not provide to LiveRamp, or permit any third party to provide to LiveRamp on Partner’s behalf, any special categories of data as defined by the Brazilian regulator. If Partner should transfer Prohibited Data to LiveRamp in violation of this section, Partner shall immediately notify LiveRamp and inform LiveRamp of the date, time, and other pertinent information related to the transfer so LiveRamp may take the steps necessary to remove the Prohibited Data from its systems.

    In accordance with the SOW, upon termination of the SOW LiveRamp shall not be required to destroy or cease use of any metadata collected at the same time as Partner Data but LiveRamp shall use such metadata in compliance with statistical and research & development exceptions to the extent it is applicable. Such metadata may be transferred to LiveRamp Inc. in the USA: Partner agrees that such transfer will be covered by the Brazilian SCCs referenced below. For the purpose of such Brazilian SCCs, Partner shall be considered the data exporter and LiveRamp Inc. the data importer.

    Partner agrees that it shall be responsible for dealing with and responding to all requests made by data subjects under Brazilian Data Protection Law which relate to the processing activities which are the subject of the SOW. In the event that LiveRamp receives a data subject request which relates specifically to Partner’s deployment of the Authenticated Traffic Solution, it shall forward that request to Partner without undue delay.

  5. Specific terms for Prebid Analytics Services
  1. Privacy and Fair Processing. To the extent that Analytics Data (as defined in the SOW) comprise any personal data, LiveRamp and Partner agree as follows:
    • The parties acknowledge that for the purposes of applicable Data Protection Laws, LiveRamp shall act as a Data Processor on behalf of Partner, and Partner is acting as a Data Controller;
    • Partner shall ensure that it has all necessary appropriate consents and notices in place to enable the use by LiveRamp of the Analytics Data in combination with Prebid Analytics Services;
    • Subprocessors. Partner provides LiveRamp a general written authorization to engage its Affiliates and the approved subcontractors listed in the table below as sub-processors of Personal Data under the SOW. LiveRamp remains responsible at all times for the performance of its Sub-Processors’ obligations in compliance with these data processing terms and the applicable Data Protection Laws.
    • Data transfers. Where the Services require the transfer of Partner Data to another country, Partner agrees that such transfer will be covered by Standard Contractual Clauses available HERE.
  2. LiveRamp Responsibilities. LiveRamp shall, as data processor and, in relation to any Analytics Data including Personal Data processed in connection with Prebid Analytics Services:
    • Process that Personal Data only following the written instructions of the Publisher and shall not process it for any other purposes, unless LiveRamp is required to do so by applicable laws.
    • Where LiveRamp is relying on applicable laws as the basis for processing Personal Data, LiveRamp shall promptly notify Partner of this before performing the processing required by applicable laws unless prohibited by such laws;
    • Respect the confidentiality of the information processed and ensure that all personnel who have access to and/or process Personal Data are obliged to keep the Personal Data confidential;
    • Assist Partner at this latter’s cost in responding to any request from a Data Subject and in ensuring compliance with its obligations under applicable Data Protection Laws with respect to security, breach notifications, impact assessments and consultations with supervisory authorities or regulators;
    • Notify Partner within seventy-two (72) hours on becoming aware of a Personal Data Breach;
    • At Partner’s written direction, delete Personal Data and any copies still in its possession on termination of the SOW unless required by applicable laws to store Personal Data; and
    • Maintain complete and accurate records and information to demonstrate its compliance with this section, and allow for and contribute to audits, including inspections, conducted by Partner or its mandated auditor, provided that such audit (i) may not be performed more than once a year and the on-premise audit shall be limited to two (2) business days, (ii) shall be notified in writing at least ten (10) business days in advance and, (iii) where the audit is performed by a mandated auditor, this latter shall not be competitor of LiveRamp and it shall be bound by adequate confidentiality obligations;
    • Implement and maintain an information security program that contains administrative, technical, and physical safeguards that are appropriate to its size and complexity, the nature and scope of its activities, and the sensitivity of any consumer information at issue.
  3. Description of processing of Analytics Data
1 – Purpose of the processing of Personal Data
Description of the purpose: Provision by LiveRamp to Partner of analytics reports related to their use of the Authenticated Traffic Solution by using Partner Analytics Data.
2 – Data Subjects
Users of the Partner’s websites
3 – Types of Personal Data to be processed
Presence of RampID Envelope, bidder name, bid ID, auction ID, user browser, user platform/OS, timestamp(s), domain, Partner’s placement ID, currency, cost per mille, and net revenue
4 – Deletion of Personal Data
Partner Analytics Data shall be deleted within thirty (30) days.
Aggregate reports based on Analytics Data is retained by LiveRamp for up to one (1) year.
5 – List of main Subprocessors
Amazon Web Services (AWS) Location of the processing: Ireland
Nature of the processing by Subprocessor: hosting of LiveRamp dedicated secured environments

CANADA

  1. General Provisions.
  2. Partner will comply with applicable privacy laws, including the Personal Information Protection and Electronic Documents Act (Canada) (PIPEDA) and all substantially similar provincial privacy laws in Canada, as well as the Canada’s Anti-Spam Law (CASL) (for purposes of this section, “Privacy Laws”).

  3. Specific terms for ATS
  4. To the extent that the Partner Data provided by Partner comprises information that is considered personal information as defined by the Privacy Laws (“Personal Information”), Partner represents and warrants to LiveRamp that it shall (i) comply with all applicable Privacy Laws; and (ii) get consent from the individual prior to the collection, use, or disclosure of the personal information (and such consent must not be a condition of providing a product or service, beyond what is reasonable to provide such product or service; and must not be obtained through the provision of false or misleading information or through deceptive or misleading practices), and that Partner has also provided the relevant data protection notice (notifying purposes of collection, use and disclosure etc.) to the individual on or before collecting, using or disclosing the Personal Information.

    The Data Ethics Review described in the SOW shall take into account rules set out in Data Protection Law and Partner shall make available to LiveRamp all information necessary to allow such Data Ethics Review and contribute to reasonable further reviews conducted by LiveRamp.

    In connection with any Personal Information to be transferred outside of Canada, Partner represents and warrants to LiveRamp that it has ensured “comparable protection” to the standards set out in the Privacy Laws. The mechanisms to achieve this include but are not limited to: data transfer agreements; the individual has given consent (and provided required notices have been provided); in connection with performance of contracts between the transferring organization and the individual.

    Partner agrees that it shall be responsible for dealing with and responding to all requests made by data subjects under the Privacy Laws which relate to the processing activities which are the subject of the SOW. In the event that LiveRamp receives a data subject request which relates specifically to Partner’s deployment of the Authenticated Traffic Solution, it shall forward that request to Partner without undue delay.

  5. Specific terms for Prebid analytics Services
  1. Privacy and Fair Processing.To the extent that Analytics Data (as defined in the SOW) comprise any personal data, LiveRamp and Partner agree as follows:
    • The parties acknowledge that for the purposes of applicable Data Protection Laws, LiveRamp shall act as a Service Provider on behalf of Partner, and Partner remains the controlling organization;
    • Partner shall ensure that it has all necessary appropriate consents and notices in place to enable the use by LiveRamp of the Analytics Data in combination with Prebid Analytics Services;
    • Subprocessors. Partner provides LiveRamp a general written authorization to engage its Affiliates and the approved subcontractors listed in the table below as sub-processors of Personal Data under the SOW. LiveRamp remains responsible at all times for the performance of its Sub-Processors’ obligations in compliance with these data processing terms and the applicable Data Protection Laws.
  2. LiveRamp Responsibilities.LiveRamp shall, as service provider and, in relation to any Analytics Data including Personal Data processed in connection with Prebid Analytics Services:
    • Process that Personal Data only following the written instructions of the Publisher and shall not process it for any other purposes, unless LiveRamp is required to do so by applicable laws.
    • Where LiveRamp is relying on applicable laws as the basis for processing Personal Data, LiveRamp shall promptly notify Partner of this before performing the processing required by applicable laws unless prohibited by such laws;
    • Respect the confidentiality of the information processed and ensure that all personnel who have access to and/or process Personal Data are obliged to keep the Personal Data confidential;
    • Assist Partner at this latter’s cost in responding to any request from a Data Subject and in ensuring compliance with its obligations under applicable Data Protection Laws with respect to security, breach notifications, impact assessments and consultations with supervisory authorities or regulators;
    • Notify Partner within seventy-two (72) hours on becoming aware of a Personal Data Breach;
    • At Partner’s written direction, delete Personal Data and any copies still in its possession on termination of the SOW unless required by applicable laws to store Personal Data; and
    • Maintain complete and accurate records and information to demonstrate its compliance with this section, and allow for and contribute to audits, including inspections, conducted by Partner or its mandated auditor, provided that such audit (i) may not be performed more than once a year and the on-premise audit shall be limited to two (2) business days, (ii) shall be notified in writing at least ten (10) business days in advance and, (iii) where the audit is performed by a mandated auditor, this latter shall not be competitor of LiveRamp and it shall be bound by adequate confidentiality obligations;
    • Implement and maintain an information security program that contains administrative, technical, and physical safeguards that are appropriate to its size and complexity, the nature and scope of its activities, and the sensitivity of any consumer information at issue.
  3. Description of processing of Analytics Data
1 – Purpose of the processing of Personal Data
Description of the purpose: Provision by LiveRamp to Partner of analytics reports related to their use of the Authenticated Traffic Solution by using Partner Analytics Data.
2 – Data Subjects
Users of the Partner’s websites
3 – Types of Personal Data to be processed
Presence of RampID Envelope, bidder name, bid ID, auction ID, user browser, user platform/OS, timestamp(s), domain, Partner’s placement ID, currency, cost per mille, and net revenue
4 – Deletion of Personal Data
Partner Analytics Data shall be deleted within thirty (30) days.
Aggregate reports based on Analytics Data is retained by LiveRamp for up to one (1) year.
5 – List of main Subprocessors
Amazon Web Services (AWS) Location of the processing: Ireland
Nature of the processing by Subprocessor: hosting of LiveRamp dedicated secured environments

Europe (EU & UK)

  1. General provisions
  2. For the purposes of this section, “Data Protection Law” means all applicable EU or UK laws relating to data protection and privacy including (without limitation) the EU General Data Protection Regulation (2016/679) (the “GDPR”), the EU Privacy and Electronic Communications Directive 2002/58/EC as implemented in any applicable EU member state, the UK General Data Protection Regulation (the “UK GDPR”) or any such equivalent legislation applicable in the United Kingdom, any other local law, regulation or guidance from relevant regulators relating to the protection of Personal Data or the privacy of individuals, each as amended from time to time.

    Each Party represents, warrants and undertakes to the other that, throughout the term of the SOW, it shall comply with all applicable Data Protection Laws in addition to its contractual obligations as set forth herein and in the SOW.

  3. Specific terms for ATS
  4. To the extent that Partner Data provided by you comprises information that is considered personal data as defined by applicable Data Protection Law (“EU Personal Information”), then in relation to such data, Partner warrants and agrees that:

        • The Data Ethics Review described in the SOW shall take into account rules set out in Data Protection Law and Partner shall make available to LiveRamp all information necessary to allow such Data Ethics Review and contribute to reasonable further reviews conducted by LiveRamp;
        • The provision of the Partner Data to LiveRamp, and its subsequent use by LiveRamp for the purposes contemplated by the SOW will not violate Data Protection Law, or any agreements between Partner and any third parties;
        • Partner will provide a valid notification to the data subjects of the Partner Data, in accordance with Article 13 of the GDPR, which explains (with the necessary level of detail) the sharing of the Partner Data with LiveRamp (naming LiveRamp and linking to the LiveRamp privacy policy), the creation of the envelope, the combination or matching of data, that the envelope is associated with the Publisher’s first party storage, and that the first party storage and envelope is used for the purpose of targeted advertising;
        • It will obtain the valid consent of the data subjects of the Partner Data (in accordance with the GDPR) for LiveRamp and Partner’s processing activities and purposes specified in the SOW;
        • It will keep records that demonstrate that the Partner has obtained such valid consents, which it shall make available to LiveRamp upon written request; and
        • Given the nature of the requirements outlined above and the guidance of the regulators, Partner warrants to implement a Consent Management Platform allowing such features, including the IAB Transparency and Consent Framework without undue delay.
        • In addition to any Prohibited Data restrictions set forth in your SOW, it shall not provide to LiveRamp, or permit any third party to provide to LiveRamp on Partner’s behalf, any special categories of data as defined in Article 9 of GDPR (“Prohibited Data”). If Partner should transfer Prohibited Data to LiveRamp in violation of this section, Partner shall immediately notify LiveRamp and inform LiveRamp of the date, time, and other pertinent information related to the transfer so LiveRamp may take the steps necessary to remove the Prohibited Data from its systems.
        • Partner further agrees that it shall be responsible for dealing with and responding to all requests made by data subjects under Data Protection Laws, which relate to the processing activities which are the subject of the SOW. In the event that LiveRamp receives a data subject request which relates specifically to Partner’s deployment of LiveRamp’s products, it shall forward that request to Partner without undue delay. Partner will have to respond to the requests of data subjects following the specific obligations set in Article 12 of GDPR.

    In the Purpose of the Authenticated Traffic Solution (“ATS“) and of LiveRamp Services Sidecar and RampID Envelopes, LiveRamp and Partner act as Joint Controllers with the distribution of responsibilities set HERE as and when defined in the Data Protection Law.

  5. Specific terms for Prebid Analytics Services
  1. Privacy and Fair Processing. To the extent that Analytics Data (as defined in the SOW) comprise any personal data, LiveRamp and Partner agree as follows:
    • The parties acknowledge that for the purposes of applicable Data Protection Laws, LiveRamp shall act as a Data Processor on behalf of Partner, and Partner is acting as a Data Controller;
    • Partner shall ensure that it has all necessary appropriate consents and notices in place to enable the use by LiveRamp of the Analytics Data in combination with Prebid Analytics Services;
    • Subprocessors. Partner provides LiveRamp a general written authorization to engage its Affiliates and the approved subcontractors listed in the table below as sub-processors of Personal Data under the SOW. LiveRamp remains responsible at all times for the performance of its Sub-Processors’ obligations in compliance with these data processing terms and the applicable Data Protection Laws.
  2. LiveRamp Responsibilities. LiveRamp shall, as data processor and, in relation to any Analytics Data including Personal Data processed in connection with Prebid Analytics Services:
    • Process that Personal Data only following the written instructions of the Publisher and shall not process it for any other purposes, unless LiveRamp is required to do so by applicable laws.
    • Where LiveRamp is relying on applicable laws as the basis for processing Personal Data, LiveRamp shall promptly notify Partner of this before performing the processing required by applicable laws unless prohibited by such laws;
    • Respect the confidentiality of the information processed and ensure that all personnel who have access to and/or process Personal Data are obliged to keep the Personal Data confidential;
    • Assist Partner at this latter’s cost in responding to any request from a Data Subject and in ensuring compliance with its obligations under applicable Data Protection Laws with respect to security, breach notifications, impact assessments and consultations with supervisory authorities or regulators;
    • Notify Partner within seventy-two (72) hours on becoming aware of a Personal Data Breach;
    • At Partner’s written direction, delete Personal Data and any copies still in its possession on termination of the SOW unless required by applicable laws to store Personal Data; and
    • Maintain complete and accurate records and information to demonstrate its compliance with this section, and allow for and contribute to audits, including inspections, conducted by Partner or its mandated auditor, provided that such audit (i) may not be performed more than once a year and the on-premise audit shall be limited to two (2) business days, (ii) shall be notified in writing at least ten (10) business days in advance and, (iii) where the audit is performed by a mandated auditor, this latter shall not be competitor of LiveRamp and it shall be bound by adequate confidentiality obligations;
    • Implement and maintain an information security program that contains administrative, technical, and physical safeguards that are appropriate to its size and complexity, the nature and scope of its activities, and the sensitivity of any consumer information at issue.
  3. Description of processing of Analytics Data
1 – Purpose of the processing of Personal Data
Description of the purpose: Provision by LiveRamp to Partner of analytics reports related to their use of the Authenticated Traffic Solution by using Partner Analytics Data.
2 – Data Subjects
Users of the Partner’s websites
3 – Types of Personal Data to be processed
Presence of RampID Envelope, bidder name, bid ID, auction ID, user browser, user platform/OS, timestamp(s), domain, Partner’s placement ID, currency, cost per mille, and net revenue
4 – Deletion of Personal Data
Partner Analytics Data shall be deleted within thirty (30) days.
Aggregate reports based on Analytics Data is retained by LiveRamp for up to one (1) year.
5 – List of main Subprocessors
Amazon Web Services (AWS) Location of the processing: Ireland
Nature of the processing by Subprocessor: hosting of LiveRamp dedicated secured environments

MEXICO

  1. General provisions.
  2. For the purposes of this section, “Mexican Data Protection Law” means all applicable Mexican laws relating to data protection and privacy including (without limitation) the Federal Law for the Protection of Personal Data in Possession of Private Parties and its regulations (“FDPL”), as well as any other applicable laws and regulations relating to data protection and privacy as implemented, and all amendments to or replacements of the above legislation.

  3. Specific terms for ATS
    Partner agrees and acknowledges that it acts as the data controller for the Partner Data and that it will duly comply with the obligations established by the FDPL. Partner also agrees that within the framework of the SOW, it shall carry out the necessary procedures to ensure that any data transferred to LiveRamp cannot be associated with any data subject or allow, by its structure, content or degree of disaggregation, the identification of the same. Or, as the case may be, Partner undertakes to implement the required technologies to ensure that LiveRamp only receives dissociated data, which do not constitute personal data in terms of the FDPL.To the extent that Partner Data includes any information that is considered personal data or sensitive personal data as defined by the Mexican Data Protection Law, then in relation to such data, Partner warrants and agrees that:

    • The Data Ethics Review described in the SOW shall take into account rules set out in Data Protection Law and Partner shall make available to LiveRamp all information necessary to allow such Data Ethics Review and contribute to reasonable further reviews conducted by LiveRamp;
    • The provision of the Partner Data to LiveRamp, and its subsequent use by LiveRamp for the purposes contemplated by the SOW will not violate Mexican Data Protection Law, or any agreements between Partner and any third parties;
    • Partner will provide a valid notification to the data subjects of the Partner Data, in accordance with Articles 15 and 16 of the FDPL, which explains (with the necessary level of detail) the sharing of the Partner Data with LiveRamp, the creation of the envelope, the combination or matching of data, that the envelope is associated with the Partner’s first party storage, and that the first party storage and envelope is used for the purpose of targeted advertising;
    • It will obtain the valid consent of the data subjects of the Partner Data (in accordance with Article 10 of the FDPL) for the Partner’s processing activities and purposes specified in the SOW;
    • It will keep records that demonstrate that the Partner has obtained such valid consents, which it shall make available to LiveRamp upon written request; and
    • In addition to any Prohibited Data restrictions set forth in the Agreement, it shall not provide to LiveRamp, or permit any third party to provide to LiveRamp on Partner’s behalf, any special categories of data as defined by the FDPL. If Partner should transfer Prohibited Data to LiveRamp in violation of this section, Partner shall immediately notify LiveRamp and inform LiveRamp of the date, time, and other pertinent information related to the transfer so LiveRamp may take the steps necessary to remove the Prohibited Data from its systems.
    • Partner will promptly notify LiveRamp that it has provided personal data to LiveRamp so that LiveRamp may take actions in order to dissociate such data so that it remains dissociated in compliance with Mexican Data Protection Laws.

    In accordance with the SOW, upon termination of the SOW LiveRamp shall not be required to destroy or cease use of any metadata collected at the same time as Partner Data but LiveRamp shall use such metadata in compliance with statistical and research & development exceptions to the extent it is applicable.

    Partner agrees that it shall be responsible for dealing with and responding to all requests made by data subjects under Mexican Data Protection Law which relate to the processing activities which are the subject of the SOW.

  4. Specific terms for Prebid Analytics Services
      1. Privacy and Fair Processing. To the extent that Analytics Data (as defined in the SOW) comprise any personal data, LiveRamp and Partner agree as follows:
        • The parties acknowledge that for the purposes of applicable Data Protection Laws, LiveRamp shall act as a Data Processor on behalf of Partner, and Partner is acting as a Data Controller;
        • Partner shall ensure that it has all necessary appropriate consents and notices in place to enable the use by LiveRamp of the Analytics Data in combination with Prebid Analytics Services;
        • Subprocessors. Partner provides LiveRamp a general written authorization to engage its Affiliates and the approved subcontractors listed in the table below as sub-processors of Personal Data under the SOW. LiveRamp remains responsible at all times for the performance of its Sub-Processors’ obligations in compliance with these data processing terms and the applicable Data Protection Laws.
      2. LiveRamp Responsibilities. LiveRamp shall, as data processor and, in relation to any Analytics Data including Personal Data processed in connection with Prebid Analytics Services:
        • Process that Personal Data only following the written instructions of the Publisher and shall not process it for any other purposes, unless LiveRamp is required to do so by applicable laws.
        • Where LiveRamp is relying on applicable laws as the basis for processing Personal Data, LiveRamp shall promptly notify Partner of this before performing the processing required by applicable laws unless prohibited by such laws;
        • Respect the confidentiality of the information processed and ensure that all personnel who have access to and/or process Personal Data are obliged to keep the Personal Data confidential;
        • Assist Partner at this latter’s cost in responding to any request from a Data Subject and in ensuring compliance with its obligations under applicable Data Protection Laws with respect to security, breach notifications, impact assessments and consultations with supervisory authorities or regulators;
        • Notify Partner within seventy-two (72) hours on becoming aware of a Personal Data Breach;
        • At Partner’s written direction, delete Personal Data and any copies still in its possession on termination of the SOW unless required by applicable laws to store Personal Data; and
        • Maintain complete and accurate records and information to demonstrate its compliance with this section, and allow for and contribute to audits, including inspections, conducted by Partner or its mandated auditor, provided that such audit (i) may not be performed more than once a year and the on-premise audit shall be limited to two (2) business days, (ii) shall be notified in writing at least ten (10) business days in advance and, (iii) where the audit is performed by a mandated auditor, this latter shall not be competitor of LiveRamp and it shall be bound by adequate confidentiality obligations;
        • Implement and maintain an information security program that contains administrative, technical, and physical safeguards that are appropriate to its size and complexity, the nature and scope of its activities, and the sensitivity of any consumer information at issue.
      3. Description of processing of Analytics Data
    1 – Purpose of the processing of Personal Data
    Description of the purpose: Provision by LiveRamp to Partner of analytics reports related to their use of the Authenticated Traffic Solution by using Partner Analytics Data.
    2 – Data Subjects
    Users of the Partner’s websites
    3 – Types of Personal Data to be processed
    Presence of RampID Envelope, bidder name, bid ID, auction ID, user browser, user platform/OS, timestamp(s), domain, Partner’s placement ID, currency, cost per mille, and net revenue
    4 – Deletion of Personal Data
    Partner Analytics Data shall be deleted within thirty (30) days.
    Aggregate reports based on Analytics Data is retained by LiveRamp for up to one (1) year.
    5 – List of main Subprocessors
    Amazon Web Services (AWS) Location of the processing: Ireland
    Nature of the processing by Subprocessor: hosting of LiveRamp dedicated secured environments
  • APAC

    Australia

    Partner will comply with applicable privacy laws, including the Privacy Act 1988 (Cth) and the Spam Act 2003 (Cth) and any other applicable analogous legislation (for purposes of this section, “Privacy Laws”).

    To the extent that the Partner Data provided by Partner comprises information that is considered personal data as defined by the Privacy Laws (“Personal Information”), then in relation to such data Partner represents and warrants: (a) comply with all applicable privacy, data security, and data protection laws, regulations, and rules, including but not limited to the Privacy Laws; and (b) notify their users of the purpose of use of personal ID (i.e., individual identifiers, cookie ID, mobile ID, such as an AAID or IDFA, etc.) and any associated personal data; (c) obtain explicit consent regarding its collection, use, and sharing of Personal Information as required under Privacy Laws, including through inclusion of a prominent link to its privacy policy and/or description of data collection and usage practices at the time and location of collection and through notice that Personal Information may be transferred overseas.

    PROHIBITED DATA – AUSTRALIA

    The following is considered Prohibited Data as defined in your Agreement: (i) any sensitive information (as that term is defined in the Privacy Laws), including but not limited to the information or an opinion about an individual’s racial or ethnic origin, sexual orientation or practice, criminal record and health information, genetic information; and (ii) any information related to a person under the age of eighteen (18).

    NEW ZEALAND

    Partner will comply with applicable privacy laws, including the Privacy Act 2020 and the Information Privacy Principles under that Act, and the Unsolicited Electronic Messages Act 2007, and any other applicable analogous legislation, and all amendments to or replacements of the above legislation (for purposes of this section, “Privacy Laws”).

    To the extent that the Partner Data provided by Partner comprises information that is considered personal information as defined by the Privacy Laws (“Personal Information”), then in relation to such data Partner represents and warrants: a) that valid notification has been provided to their users for the purpose of use and share of personal information, including personal ID (i.e., individual identifiers, cookie ID, mobile ID, such as an AAID or IDFA, etc.) and any associated personal information; b) that it has ensured “comparable protection” to the standards set out in the Privacy Laws in connection with any Personal Information outside the country; and c) that it shall be responsible for dealing with and responding to all requests made by data subjects under Privacy Laws which relate to the processing activities that are the subject of the SOW.

    PROHIBITED DATA – New Zealand

    The following is considered Prohibited Data as defined in your Agreement: (i) any special categories of data as defined in Privacy Laws or any other legislations of the country, like the health information and criminal records; and (ii) any information related to a person under the age of eighteen (18).

    JAPAN

    Partner will comply with privacy, data security, and data protection laws, regulations, and rules, including the Act on Protection of Personal Information of Japan and any other applicable analogous legislation (for purposes of this section, “Privacy Laws”).

    To the extent that the Partner Data provided by Partner comprises information that is considered personal data as defined by Japan applicable Privacy Laws (“Personal Information”), then in relation to such data Partner warrants and agrees: (a) if and where required by Japan Privacy Laws, it will provide a valid notification, or obtain the valid consent to the data subjects of the Partner Data, which explains (with the necessary level of detail) the sharing of the Partner Data with LiveRamp and for the purpose contemplated by the SOW.

    PROHIBITED DATA – JAPAN

    The following is considered Prohibited Data as defined in your Agreement: (i) any sensitive personal information (as defined in the Japan Privacy Law), or (ii) any information related to a person under the age of eighteen (18).

    SINGAPORE

    Partner will comply with applicable privacy laws, including the Personal Data Protection Act of Singapore (“PDPA”), Cybersecurity Act, Data Protection Enforcement Cases (decisions), and any other applicable analogous legislation (for purposes of this section, “Privacy Laws”).

    To the extent that the Partner Data provided by Partner comprises information that is considered personal data as defined by the Privacy Laws (“Personal Data”), Partner represents and warrants to LiveRamp that it shall (i) comply with all applicable Privacy Laws; and (ii) get consent from the individual prior to the collection, use, or disclosure of the personal data (and such consent must not be a condition of providing a product or service, beyond what is reasonable to provide such product or service; and must not be obtained through the provision of false or misleading information or through deceptive or misleading practices), and that Partner has also provided the relevant data protection notice (notifying purposes of collection, use and disclosure etc.) to the individual on or before collecting, using or disclosing the Personal Data.

    In connection with any Personal Data outside of Singapore, Partner represents and warrants to LiveRamp that it has ensured “comparable protection” to the standards set out in the Privacy Laws. The mechanisms to achieve this include but are not limited to: data transfer agreements; the individual has given consent (and provided required notices have been provided); in connection with performance of contracts between the transferring organization and the individual.

    Partner agrees that it shall be responsible for dealing with and responding to all requests made by data subjects under the Privacy Laws which relate to the processing activities which are the subject of the SOW. In the event that LiveRamp receives a data subject request which relates specifically to Partner’s deployment of the LiveRamp’s products, it shall forward that request to Partner without undue delay.

    PROHIBITED DATA – SINGAPORE

    The following is considered Prohibited Data as defined in your Agreement: (i) national identification (“National ID”) numbers and associated details in National ID documents, such as Singapore’s National Registration Identification Card (“NRIC”), Work Permit, etc.; (ii) credit, debit card, payroll or financial account numbers with the associated name; (iii) any personal information as defined/deemed sensitive by the Singapore Privacy Laws, including but not limited to information regarding an individual’s political opinion and/or medical health; or (iv) any data related to a data subject under the age of eighteen (18).

    TAIWAN

    Partner will comply with all applicable privacy, data security, and data protection laws, directives, regulations, and rules, as may be amended from time to time and/or any successor legislation of Taiwan (for the purpose of this section, “Privacy Laws”).

    To the extent that the Partner Data provided by Partner comprises information that is considered personal information as defined by the Privacy Laws (“Personal Information”), then in relation to such data Partner represents and warrants that: (a) it shall obtain the valid consent from the data subject, if required by the Privacy Laws, for your and LiveRamp’s processing activities and purposes specified in the SOW; (b) it shall provided local consumers with a channel to exercise their consumer rights as granted by the Privacy Laws, and shall pass the requests wherever necessary to LiveRamp; and (c) shall not provide to LiveRamp or cause LiveRamp to use any Prohibited Data described herein.

    PROHIBITED DATA – TAIWAN

    The following is considered Prohibited Data as defined in your Agreement: (i) sensitive personal information as defined in the Privacy Laws, including without limitation to medical records, passport numbers, etc.,(ii) any information related to a person under the age of twenty (20).

    Updated May 25, 2022