Privacy Addendum for Supply Exchange

We refer to the agreement (“Agreement”) between You (in the capacity of a “supply-side exchange” or “supply partner” as the context may require and also referred to as “Supply Exchange” or “You”) and InMobi (or “we” or “InMobi” or “us”) to monetize digital inventory on your supply exchange through InMobi’s demand side platform.

This Addendum (this “Addendum”) to the Agreement effective as of January 1, 2020 (“Effective Date”), is between InMobi and Supply Exchange.

This Addendum consists of:

  • The privacy related terms below, and
  • the Agreement, which is incorporated by reference; for sake of clarity, this Addendum is incorporated into the Agreement.

Effective Date:

January 1, 2020

Term:

Valid for the term of Agreement.

Objective

This Addendum addresses each party’s obligations under the California Consumer Privacy Act (CCPA) with respect to Personal Information as such term is defined hereunder.

  1. Definitions

Capitalized terms used but not defined have the meanings given in the Agreement.

  1. “Advertisements” means all the advertising content provided by InMobi on behalf of demand partners for distribution on the digital inventory provided by Supply Exchange whether owned, operated or contracted through third parties.
  2. “InMobi” means InMobi Pte. Ltd. acting on behalf of itself and its affiliates including AerServ LLC.
  3. The following terms have the meanings assigned to them in the CCPA: “Business,” “Consumer,” “Sale” (including sell, selling or sold), and “Service Provider”.
  4. “California Consumer Privacy Act” (“CCPA”) means Cal. Civ. Code Title 1.81.5, § 1798.100 – 1798.199.
  5. “Personal Information” means information that InMobi either provides to obtains from the Supply Exchange and that identifies, relates to, describes, is capable of being associated with, or could reasonably be linked, directly or indirectly, with a Consumer or any individual residing in the U.S (User). Personal Information includes advertising identifiers and other unique identifiers such as Device IDs, GPID, IP Address, ADIDs and any inferences drawn from and incorporating the same to create audience profile. Personal Information does not include any aggregated or anonymized or de-identified data.
  1. Terms
  1. Statuses of the Parties. The parties agree that InMobi has taken the position of a “Service Provider” under this Addendum, whether it provides Personal Information to Supply Exchange or obtains the same from the Supply Exchange. Where InMobi provides Personal Information to Supply Exchange, InMobi understands that Supply Exchange assumes the position of a “Service Provider”. Should Supply Exchange determine a status contrary to the above at its discretion, it acknowledges that its determination does not impact InMobi’s status under this Addendum. Although the parties have taken the approach set out in this Addendum, the parties acknowledge that the applicable data protection legislation(s) ultimately determines status with respect to each party and accordingly each party shall comply with the requirements applicable to such party’s capacity under CCPA or applicable data protection legislation.
  1. Obligations.
  1. Where a party is sharing any Personal Information (“Discloser”), such Discloser agrees to comply with the requirements of the applicable data protection legislation, specifically CCPA, as such laws apply to it in its capacity as a Discloser. Where a party is obtaining any Personal Information (“Recipient”), such Recipient agrees to comply with the requirements of the applicable data protection legislation, specifically CCPA, as such laws apply to it in its capacity as a Recipient. Each party shall provide reasonable assistance to the other to enable them to facilitate Users exercising their rights under the applicable data protection legislation, to the extent applicable.
  1. Each party shall be responsible for displaying and communicating a legally adequate privacy policy to the Users in accordance with all applicable data protection legislation(s), specifically CCPA. To the extent applicable to a party under CCPA, such privacy policy must set out a description of the categories of Personal Information the Discloser collects, the purposes for which it collects each category of Personal Information, the categories of third parties with whom the Discloser shares and/or sells Personal Information and adequate notice regarding rights of User with regard to their Personal Information and clearly provide for mechanisms of opt-out election(s). Supply Exchange shall remain responsible for the third parties it may engage for processing of Personal Information whether such Personal Information is directly provided by Supply Exchange or routed through InMobi acting on its behalf.
  1. Any notification regarding a User’s election pursuant to any privacy related rights available to the User under applicable privacy and data protection legislation(s), that a Recipient is required to comply with (e.g. right to delete under CCPA), shall be notified to the Recipient by the Discloser within 48 hours of becoming aware of the same. Each Recipient shall comply with such requests as required under the applicable privacy and data protection legislation(s). The parties acknowledge that, the Recipient may retain the User’s Personal Information solely for the purposes of billing disputes and fraud detection.
  1. Each party acknowledges that, during the term of the Agreement and for the purpose thereof:

Recipient shall only process Personal Information for the following permitted purpose(s) in relation to distribution of Advertisements:

(1) for attribution, bidding, audience verification and fraud detection via trackers, verification partners and postbacks;

(2) for internal reporting purposes and for reporting to Discloser;

(3) for targeted advertising and optimization of campaigns.

  1. Each party acknowledges that the processing concerns: clicks and impressions data, IP Address, device identifiers, handset model/type, carrier device identifiers, http headers, publisher details (such as site ID, partner ID, publisher name), campaign details (such as campaign ID, creative ID) and such other data sets as are agreed in writing between the parties from time to time.
  1. Miscellaneous
  1. Conflicts. In the event of a conflict between this Addendum and the Agreement, this Addendum will prevail to the extent necessary to resolve the conflict.
  2. Entire agreement. This Addendum is the parties’ entire agreement on this subject and merges and supersedes all related prior and contemporaneous oral understandings, representations, prior discussions, letters of intent, or preliminary agreements.
  3. No further amendment. Except as modified by this Addendum, the Agreement remains unmodified and in full force and effect.

For EU campaigns please refer to terms of any data protection terms or rider that you may have separately executed with InMobi with respect to GDPR, as applicable. If you are a publisher operating under https://www.inmobi.com/terms-of-service/ or InMobi Advertising Network Agreement or such other similar agreement for participating in InMobi’s publisher network generally, please refer the terms of any separate CCPA related addendum or rider for the terms applicable to such channels.