Koneo Mobile Data Processing Agreement Publisher Partners
a. “Data Protection Laws” means any applicable data protection or privacy laws or regulations as may be amended or superseded from time to time, including but not limited to: the EU General Data Protection Regulation (“GDPR”) as implemented by countries within the EEA and in the USA; and/or other laws or regulations that are similar, equivalent to, successors to, or that are intended to or implement the laws or regulations applicable to Partner in relation to the transmission and processing of Personal Data under or in relation to the Agreement.
b. “Controller”, “Data Subject”, “Personal Data”, “Processor” “Processes/Processing” shall each have the meanings given in the applicable Data Protection Laws.
d. “Data Subjects” means a human end-Data Subject accessing a mobile application/website or receiving all sorts of mailings of any kind and all sorts of messaging.
3. Processing of Personal data
a. Partner (acting as a Publisher) and Koneo Mobile each agree and acknowledge that where a party Processes Personal Data under or in connection with the Agreement it alone determines the purposes and means of such Processing as a data controller (as defined under applicable Data Protection Laws).
b. In its use or receipt of the Partner shall:
i. process Personal Data in agreement with the obligations of the Data Protection Laws
ii. guarantee that it has received suitable consent from Data Subjects as necessary by Data Protection Laws,
iii. ensure that its instructions for the Processing of Personal Data meet the terms of the Data Protection Laws,
iv. upon Koneo Mobiles request, present evidence of such consent, including without limitation, the date and the consent language presented to the Data Subject.
v. have sole responsibility for the accuracy, legality, and quality of Personal Data and the means by which User acquired the Personal Data.
c. Each party confirms that it has complied and will continue to comply with its obligations relating to Personal Data that apply to it under applicable Data Protection Laws.
f. Each party will limit access to Personal Data to those personnel who require such access only as necessary to fulfil such party’s obligation under the Agreement.
g. Each party will maintain appropriate administrative, physical, organizational and technical safeguards aimed at maintaining an appropriate level of security.
h. Obligations: Between You and Koneo Mobile, Koneo Mobiles Controller (or Processor) is sharing Personal Data in relation to the Agreement. Therefore, you will comply with the requirements of the Data Protection Laws as a Processor (or Sub-Processor) and will be responsible for notifying of any Data breach whatsoever occur which influence execution of Agreement between the Parties.
i. Paragraphs 4.b – 4.e shall apply if and to the extent that the Processor processes any Personal Data on the Controller’s behalf when performing its obligations under the Agreement. Each party acknowledges that: i. Processor shall only Process Personal Data for the following permitted purpose in relation to advertising campaigns:
1. For fraud detection purposes including creating fraud reports to be shared with advertisers;
2. For reporting purposes including reports to be shared with advertisers or for reporting to Controller;
3. For determining performance of campaigns distributed through Publisher’s inventory or network and billing purposes.
ii. The processing shall continue for the duration of this Data Processing Agreement as part thereof;
1. the processing concerns: clicks, actions and impressions data, IP Address, device identifiers, http headers, publisher details (such as site ID, partner
4. Clauses for Controller to Processor (Processor to Sub-processor) relationships:
5. Model Contract Clauses
6. Data security
7. Liability and Payment of Compensation
transfer or processing, or accidental loss, disclosure, destruction or damage to any Partner Data obtained from (or held by Koneo Mobile or its personnel on behalf of) Partner, save where such loss, disclosure, destruction or damage was carried out or incurred at the Partner’s request. Koneo Mobile shall be liable for and shall indemnify Partner and its employees and agents from and against all damages (including non-material damage) which Partner may suffer consequently upon breach of applicable Data Protection Laws, recklessness or wilful default of Koneo Mobile, its employees or agents. In no event shall Koneo Mobiles total liability to Company under this Agreement exceed €1,000.00.
b. Notwithstanding the provisions of the Agreement, Partner shall defend, indemnify and hold Koneo Mobile harmless and keep Koneo Mobile indemnified, on demand from and against any and all actual or alleged claims and damages incurred by Koneo Mobile as a result of Partner’s and/or its employees or representatives (including without limitation any affiliates) unauthorised and/or unlawful data transfer or processing, or accidental loss, disclosure, destruction or damage to any Koneo Mobile Data obtained from (or held by Partner or its personnel on behalf of) Koneo Mobile, save where such loss, disclosure, destruction or damage was carried out or incurred at Koneo Mobiles request. Partner shall be liable for and shall indemnify Koneo Mobile and its employees and agents from and against all damages (including non-material damage) which Koneo Mobile may suffer consequent upon any breach of Applicable Data Protection Law, recklessness or wilful default of Partner, its employees or agents.
IN WITNESS WHEREOF, the parties hereto have executed or approved this AGREEMENT on the dates below their signatures.
This Publisher Terms & Conditions (the “Agreement”) is made and entered into by and between Koneo Mobile Inc., a Delaware corporation, with its registered office at 1390 Market Street, San Francisco, CA 94102, United States (“KONEO”), and you (“Publisher” or “her”/”she”), the party submitting an application to become an KONEO Publisher. The terms and conditions contained in this Agreement apply to your participation in KONEO’s Publisher Program accessible at system.koneomobile.com or through other websites or applications KONEO may make available (“Publisher Program”), being operated on KONEO’s own or third party service provider online platform (“Advertising Platform”). Each Publisher Program offer (an “Offer”) may be for any offering by KONEO or a third party (each such third party a “Client”) and may link to a specific web site for that particular Offer (“Program Web Site”). Furthermore, each Offer may have additional terms and conditions on pages within the Publisher Program that are incorporated as part of this Agreement. By submitting an application or participating in an Offer, you expressly consent to all the terms and conditions of this Agreement.
a) Subject to our acceptance of you as a Publisher and your continued compliance with the terms and conditions of this Agreement, KONEO agrees as follows:
b) Publisher also agrees to:
c) The following additional program-specific terms shall apply to any promotional programs set forth below: