Privacy Addendum for Supply Partners

We refer to the Terms of Service located at https://www.inmobi.com/terms-of-service/ (“Agreement”) which You have accepted (in the capacity of a “publisher” or “supply-side exchange” or “supply partner” as the context may require and also referred to as “Publisher” or “You”) to monetize your digital inventory through Publisher Network with InMobi ("InMobi" or "we" or "us") as set out under the Agreement.

OR

We refer to the InMobi Advertising Network Agreement or any other written agreement (“Agreement”) between You (in the capacity of a “publisher” or “supply-side exchange” or “supply partner” as the context may require and also referred to as “Publisher” or “You”) and InMobi (or “we” or “InMobi” or “us”) to monetize your digital inventory through Publisher Network.

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

This Addendum consists of:

  • The privacy related terms below, and
  • the Agreement, which is incorporated by reference; 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 Publisher Network or as such term is defined under the applicable Agreement.
  2. “Demand Partners” or advertisers mean partners who purchase digital inventory through InMobi’s marketing platform or other advertising channels for the purpose of displaying Advertisements.
  3. “InMobi” means InMobi Pte. Ltd. acting on behalf of itself and its affiliates including AerServ LLC.
  4. “Publisher Network” means (i) digital website(s), properties or application(s) owned/ operated or contracted by You (with third parties), and (ii) the digital websites, properties or applications that are added or removed from the Publisher Network during the Term including desktop, mobile, smart appliances or gadgets, over-the-top applications (OTT) etc. as approved by InMobi from time to time or as such term is defined under the Agreement.

The following terms have the meanings assigned to them in the CCPA: “Business,” “Consumer,” “Sale” (including sell, selling or sold), and “Service Provider”.

  1. “California Consumer Privacy Act” (“CCPA”) means Cal. Civ. Code Title 1.81.5, § 1798.100 – 1798.199.
  2. “Personal Information” means information that InMobi obtains through its integration with Publisher 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. It is InMobi’s understanding that both Publisher and InMobi are “Businesses.” Should Publisher consider itself to be a Service Provider 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 You are sharing any Personal Information, You agree to comply with the requirements of the applicable data protection legislation, specifically CCPA. 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 InMobi is required to comply with (e.g. right to delete under CCPA), shall be notified to it by Publisher within 48 hours of becoming aware of the same. Each party shall comply with such requests as required under the applicable privacy and data protection legislation(s). The parties acknowledge that, InMobi may retain the User’s Personal Information solely for the purposes of bidding, billing disputes and fraud detection.
  1. 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. The parties acknowledge that, InMobi may retain the User’s Personal Information solely for the purposes of billing disputes and fraud detection.
  1. As the Publisher, You 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. Such privacy policy must at a minimum set out a description of the categories of Personal Information You collect, the purposes for which You collect each category of Personal Information, and the categories of third parties with whom You share and/or sell Personal Information. Your privacy policy must also provide adequate notice regarding rights of User with regard to their Personal Information and clearly provide for mechanisms of opt-out election(s).
  1. Between You and InMobi, any data related to end-users that is obtained through You or collected by You is owned by You. You grant a non-exclusive, royalty-free, worldwide licence to InMobi to use, process, copy and create derivative works of any such data provided by You for the purpose(s) set out under the Agreement. InMobi has the right to make aggregated analysis, reports and/or inferences from InMobi’s use of such data (collectively, “Inferred Data”) and InMobi holds all right, title and interest in such Inferred Data. Inferred Data may be used by InMobi or its affiliates for any of its or their business purposes.
  1. Miscellaneous
  1. Conflicts. In the event of a conflict between this Addendum and the Agreement with regard to the subject matter hereof, 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.

If Your Network or Inventory is also based in EU, please refer to terms of Publisher Data Protection Rider or other data protection terms that You may have executed with InMobi with respect to GDPR, as applicable.