The following terms and conditions govern Company’s use of any LiveRamp Platform.
Company is responsible for each operation a Company User performs (an “Action”) through the LiveRamp Platform. Each Action shall incur fees as set forth in the agreement(s) between LiveRamp and Company governing products or services delivered through the Platform (the “Agreement”). Additional terms and conditions governing specific Actions, products or services may be set forth in the Agreement.
Usage of the LiveRamp Platform is governed by: i) the Agreement, ii) a fully executed Data Protection Addendum or Agreement, Data Processing Addendum or Agreement or similar agreement, if any between LiveRamp and Company, executed after October 15, 2022; or the LiveRamp Data Protection Addendum accessible at: https://liveramp.com/legal/dpa/ (“DPA”) if no such Data Processing Agreement exists, and iii) the LiveRamp Platform Product Documentation accessible at https://docs.liveramp.com/ (the “Product Documentation”).
LiveRamp may collect usage and operations data from usage of the Platform, including but not limited to login information, query logs, and metadata (e.g., object definitions and properties). LiveRamp will only use Usage Data to improve the functionality of LiveRamp’s Platform and products or services delivered to Company through the Platform.
- UPLOADING DATA. The Agreement may provide the ability to upload data (“Company Data”), to Company’s account within the Platform. All uploads must follow the file formatting guidelines and data restrictions contained in the Product Documentation and any similar rules governing Company Data in the Agreement.
- MANAGING DATA. Once uploaded, LiveRamp will match Company Data to LiveRamp’s proprietary identity graphs to create and maintain an audience (the “Company Audience”) comprised of durable, pseudonymous identifiers with unique encoding for Company (“RampIDs”) which are separately encoded for each participant within the LiveRamp network. The Agreement may provide the ability for Company to manage the Company Audience as set forth in the Product Documentation.
- DISTRIBUTING DATA. The Agreement may provide the ability to distribute certain data segments created with or derived from the Company Audience (each, a “Segment”) to Company’s destination account at a third party platform (“Destination(s)”) . Use of Segments at Destinations are subject to separate terms and conditions between the destination and Company, provided that: (i) a Destination may instruct LiveRamp to prevent Company from distributing Segments to it, and (ii) additional terms may apply to certain Destinations.LIVERAMP MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE IN FACT OR IN LAW, INCLUDING WITHOUT LIMITATION, WARRANTIES RELATING TO USE OF SEGMENTS AT DESTINATIONS, THE IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, QUIET ENJOYMENT, SYSTEMS INTEGRATION, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT OR ANY WARRANTY ARISING FROM COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE IN TRADE.LiveRamp shall have no liability to Company for any such Destination’s use of Company Data.
- THIRD-PARTY DATA THROUGH LIVERAMP’S DATA MARKETPLACE. The Agreement may provide the ability to purchase data (“Third Party Data”) from Data Sellers through LiveRamp’s Data Marketplace. Third-Party Data may be delivered to Destination(s) as agreed between Company and a Data Seller or contract for the sale of Third Party Data facilitated by LiveRamp (the “Data Contract”).
Company’s use of Third-Party Data is subject to the Data Contract and/or separate terms and conditions between Destination and Company. Data Seller may enforce the terms of the Data Contract against Company directly.
LIVERAMP DOES NOT MAINTAIN ANY CONTROL OVER THIRD-PARTY DATA AND MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE IN FACT OR IN LAW, INCLUDING WITHOUT LIMITATION, WARRANTIES RELATING TO COLLECTION OF AVAILABLE DATA, USE OF AVAILABLE DATA AT DESTINATIONS, THE IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, QUIET ENJOYMENT, SYSTEMS INTEGRATION, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT OR ANY WARRANTY ARISING FROM COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE IN TRADE.COMPANY SHALL: (I) USE THIRD PARTY DATA ONLY FOR THE SPECIFIC PURPOSE DESCRIBED IN THE DATA CONTRACT; (II) USE THIRD PARTY DATA IN COMPLIANCE WITH APPLICABLE DATA PROTECTION LAWS,; (III) UPON REQUEST, PROVIDE DATA SELLER, OR LIVERAMP ACTING ON DATA SELLER’S BEHALF, WITH AN ACCURATE DESCRIPTION OF ITS USE OF THE THIRD PARTY DATA, AND CERTIFY THAT ITS USE OF THE THIRD PARTY DATA COMPLIES WITH THE DATA CONTRACT AND DATA PROTECTION LAWS; AND (IV) NOTIFY DATA SELLER, OR LIVERAMP, IF IT MAKES A DETERMINATION THAT IT CAN NO LONGER MEET ITS OBLIGATIONS UNDER DATA PROTECTION LAWS. - SECOND-PARTY COLLABORATION. The Agreement may provide the ability to collaborate (“Second-Party Collaboration”) with other LiveRamp customers or other partners (each, a “Second-Party”) by establishing connections between and among Company and one or more Second-Party’s enabling each to share data (“Second-Party Data”) between and among them. Company may utilize certain permissioning tools within the Platform to set collaboration controls for Second-Party Collaboration. Each Second-Party will have access to similar tools. Second-Party Data Collaboration is subject to separate terms and conditions between Company and Second-Party.LIVERAMP DOES NOT MAINTAIN ANY CONTROL OVER SECOND-PARTY DATA AND MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE IN FACT OR IN LAW, INCLUDING WITHOUT LIMITATION, WARRANTIES RELATING TO COLLECTION OF AVAILABLE DATA, USE OF AVAILABLE DATA FOR SECOND-PARTY COLLABORATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, QUIET ENJOYMENT, SYSTEMS INTEGRATION, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT OR ANY WARRANTY ARISING FROM COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE IN TRADE.
- RECEIVING PROCESSED DATA. The Agreement may provide the ability to receive data (“Processed Data”) processed by LiveRamp through the Platform. In such circumstances, the following terms apply unless otherwise explicitly stated in the Agreement:a. No Resale. Company shall use Processed Data solely for Company’s own marketing purposes and shall not Processed Data to provide a competing product or service to any third-party, or on behalf of any third-party.b. No Re-Identification. Company may under no circumstances store or merge personally identifiable information with, re-identify, or reverse engineer Processed Data and may not use Processed Data to re-identify unauthenticated online identifiers (e.g., cookies, mobile IDs, fingerprints, other similar online tracking IDs) and/or browsing activity (e.g., impression logs) without a consumer’s consent. Company must implement technical and organizational controls, including access restrictions separating access between the psuedoanonymous environment receiving data and other environments, to minimize risk of re-identification of Processed Data.Upon reasonable suspicion of re-identification, Company shall notify LiveRamp, cease the activity, and undertake reasonable remediation efforts as soon as practicable. Company will be solely responsible for legal liability, including privacy regulation violations, arising from misuse of the Processed Data to Company through the Platform.
UNLESS OTHERWISE STATED IN AN AGREEMENT, LIVERAMP DOES NOT MAINTAIN ANY CONTROL OVER PROCESSED DATA AND MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE IN FACT OR IN LAW, INCLUDING WITHOUT LIMITATION, WARRANTIES RELATING TO COLLECTION OF PROCESSED DATA, USE OF PROCESSED DATA BY COMPANY, THE IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, QUIET ENJOYMENT, SYSTEMS INTEGRATION, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT OR ANY WARRANTY ARISING FROM COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE IN TRADE.
- TESTING COMPANY DATA. LiveRamp may use Company Data to improve the functionality of LiveRamp’s Platform and products or services delivered to Company through the Platform (including quality control, product development, and product enhancement) (“Testing”) provided that LiveRamp will not share Company Data utilized for Testing and will not modify a consumer profile, correct, or augment personal data acquired from any other source through Testing.