GLOBAL DATA PROTECTION ADDENDUM FOR ADVERTISERS

This Global Data Protection Addendum (“Addendum”) supplements, supersedes, and forms part of any existing and currently valid Insertion Order (IO) or any other agreement’s type (“Agreement“), either previously or concurrently, entered by and between the applicable Media Company entity specified on the Agreement and any applicable Affiliate of Media Company listed in Appendix A attached hereto that is involved in the Processing of Personal Data under the Agreement (“DT”) and the Advertiser or agency that has entered into such Agreement with DT (“Advertiser”). Each party to this Addendum will also be referred to as a “Party” and, together – the “Parties.” This Addendum reflects the Parties’ agreement on the Processing of Personal Data in connection with the applicable service(s) described in the Agreement (the “Service”). This Addendum takes effect as of the Agreement’s Effective Date entered between Advertiser and DT. Executing the Agreement that refers to this Addendum constitutes execution of this Addendum and the acceptance of all its terms in their entirety by both Parties. In case of any conflict between a provision of this Addendum and the Agreement or any previous data protection agreement entered between the Parties, the provisions of this Addendum will prevail. Capitalized terms used herein and not defined herein will have the meaning outlined in the Agreement or under applicable Data Protection Laws.

DT’s provision of the Service to Advertiser entails either or both (a) the transmission of data retrieved, sent, and received by and from DT’s Publishers, and (b) depending on the type of Service, by and from Advertisers. Certain transmitted data may constitute Personal Data. A description of the data flow within each Service is described in Appendix A, attached hereto (“Service’s Data Flow”).

1. Definitions

1.1. “Affiliate(s)” means, concerning a party, all entities which, directly or indirectly, control, are being controlled by, or are under common control with such party.

1.2. “Controller” means the entity that determines the purposes and means of Processing Personal Data, including “Business” and any similar term under Data Protection Laws. In the context of this Addendum, the term means Publishers.

1.3. “Data Protection Laws” mean all laws and regulations worldwide that apply to the respective Party’s Processing of Personal Data under the Agreement and this Addendum.

1.4. “Data Subject” means an identified or identifiable natural person, a household consisting of natural persons, or a device associated with a natural person to whom the Personal Data relates, including “Consumer” and any similar terms under applicable Data Protection Laws.

1.5. “Advertiser’s Data Subjects” – mean Data Subjects who engage directly with the Advertiser as Controller.

1.6. “Advertiser’s Personal Data” – means Personal Data related to Advertiser’s Data Subjects.

1.7. “Personal Data” means any information where such information is protected under Data Protection Laws, including “Personal Information” and any similar terms under Data Protection Laws.

1.8. “Personal Data Breach” means a breach of security leading to the accidental or unlawful destruction, loss, alteration, unauthorized disclosure of, or access to, personal data transmitted, stored, or otherwise processed and including “Security Breach” and any similar terms under Data Protection Laws.

1.9. “Personal Data Transfer” means (i) transfer of Personal Data from Advertiser to DT, and from DT to Advertiser; or (ii) an onward transfer of Personal Data by a Party to a Sub-Processor, in each case, where such transfer outside of the jurisdiction of a transferring Party would be regulated by Data Protection Laws including through (a) an Adequacy Decision, (b) Statutory Data Transfer Agreements, or (c) by the terms of other applicable lawful data transfer measures or derogations.

1.10. “Personnel” means persons authorized by a Party to Process Personal Data.

1.11. “Process” or “Processing” means any operation or set of operations that is performed upon Personal Data, whether by automatic means, including the terms “using,” “collecting,” and any similar terms under Data Protection Laws.

1.12. “Processor” means the entity that Processes Personal Data on behalf of the Controller, including “Service Provider” and similar terms under Data Protection Laws. DT is the Publishers’ Processor responsible for the accuracy, quality, and legality of the Personal Data and for how they acquired such Personal Data.

1.13. “Publishers” means DT’s supply-side customers (e.g., mobile application developers, owners, distributors, carriers, or device manufacturers).

1.14. “Publishers’ Data Subjects” – means Data Subjects who interact with Publishers’ mobile application(s).

1.15. “Publishers’ Personal Data” – means Personal Data related to Publishers’ Data Subjects.

1.16. “Statutory Data Transfer Agreement” means statutory provisions enacted under Data Protection Laws, which establish binding terms for cross-border transfer of Personal Data from one jurisdiction to another, including where applicable, through access to Personal Data from the non-transferring territory, and that can either be executed between the transferring and the recipient parties to facilitate the lawful cross-border transfer of Personal Data or established via the US data importer’s participation in the EU-US Data Privacy Framework (“EU-US DPF”), the UK Extension to the EU-US DPF (“UK Extension”), and the Swiss-US Data Privacy Framework (“Swiss-US DPF”), as set forth by the US Department of Commerce.

1.17. “Sub-Processor” means any third party, including an Affiliate of a Party, appointed by or on behalf of a Party to undertake Processing in connection with the Agreement.

1.18. “Supervising Authority” means an independent public authority established in a jurisdiction under Data Protection Laws with competence in matters about the protection of Personal Data.

2. Processing of Advertiser’s Personal Data by DT

2.1. As described in the Service’s Data Flow, where DT provides the Advertiser with the Service, DT Processes the Advertiser’s Personal Data as a Processor.

2.2. Whenever DT Processes the Advertiser’s Personal Data provided to it by the Advertiser through the Service, DT will: (i) ensure that its third-party service providers acting as its Processors that DT shares Advertiser’s Personal Data with, will Process such data in accordance with DT’s obligations under this Addendum; (ii) be fully liable for performance of DT’s third-party service providers in connection with their Processing of Advertiser’s Personal Data that was shared or transmitted to DT by Advertiser as part of Advertiser’s use of the Service.

2.3. If DT receives from Advertiser any inquiries, correspondence, exercise of rights requests or complaints (“Advertiser’s Correspondence”) originating from Advertiser’s customers, Data Subjects or from any Supervising Authority or regulator about the Processing of Advertiser’s Personal Data by DT, DT will promptly cooperate in good faith as necessary and reasonable to respond to such Advertiser’s Correspondence.

2.4. To the extent that Advertiser operates as a Processor on behalf of its customers, the Parties acknowledge that Advertiser is not selling Personal Data to DT and that Personal Data is disclosed by Advertiser to DT only for the limited business purpose of DT providing Advertiser with the Services, described in Appendix A attached hereto. DT further acknowledges that Advertiser is prohibited from (i) Selling Advertiser’s Personal Data and (ii) retaining, using, or disclosing Advertiser’s Personal Data for any commercial purpose other than for the specific purpose of performing its services to its customers or outside of the direct business relationship between Advertiser and its customers, unless permitted under applicable laws.

2.5. DT undertakes to (i) comply with its respective obligations under Data Protection Laws and (ii) notify the Advertiser no later than within five (5) business days after determining that it can no longer meet its obligations under applicable Data Protection Laws concerning Personal Data disclosed to it by Advertiser under this DPA.

2.6. Advertiser will take reasonable and appropriate steps to ensure that DT uses the Personal Data disclosed to it under this DPA in a manner consistent with Advertiser’s obligations under Data Protection Laws; and, upon notice, take reasonable and appropriate steps to stop and remediate DT’s unauthorized use of Advertiser’s Personal Data.

3. Processing of Publishers’ Personal Data by Advertiser

3.1. For the purposes of this Addendum and the Agreement, the Parties agree and acknowledge that the Advertiser uses the Service on behalf of its advertisers-customers or the Advertiser’s behalf.

3.2. Nothing in this Addendum will limit the Advertiser from Processing Personal Data that was shared or transmitted to it by DT subject to the Advertiser’s independent lawful ground to Process such data as a Controller. Otherwise, the Advertiser may Process Personal Data shared or transmitted to it by DT, including without limitation Publishers’ click data, as a Processor, only as necessary to purchase Inventory on mobile applications and deliver Ads to such mobile application’s users via the Service (together, the “Permitted Purpose”).

3.3. Except as part of the Advertiser’s independent lawful ground to Process Personal Data transmitted to it by DT as part of the Service or as necessary for the Permitted Purpose, any Processing of Personal Data by the Advertiser, its Affiliates, agents, vendors, customers, partners and/or other third party, is strictly prohibited.

3.4. Advertiser acknowledges that:

3.4.1. Publishers share Publishers’ Personal Data with DT; DT collects and shares Publishers’ Personal Data with Advertisers on behalf of Publishers in its capacity as a Processor of the Publishers.

3.4.2. Advertiser shares Advertiser’s Personal Data with DT, strictly and as necessary to facilitate DT’s provision of the Service to Advertiser, or the extent applicable, to strictly and as necessary to facilitate Advertiser’s provisions of Advertiser’s services to Advertiser’s advertisers’ customers and on their behalf.

3.5. Whenever Advertiser Process Publishers’ Personal Data, it will Process such data in accordance with Advertiser’s obligations under this Addendum; (ii) not make any attempts and ensure that such third-party advertisers-customers and partners will not make any attempt to re-identify any data that was shared or transmitted by DT when provided with a signal by DT that indicates that the Publishers’ Data Subject declined consent under Data Protection Laws; (iii) be fully liable for the performance of its third-party advertisers-customers and/or partners in connection with their Processing such data that was shared or transmitted to Advertiser by DT as part of Advertiser’s use of the Service.

3.6. If Advertiser receives from DT any inquiries, correspondence, exercise of rights requests, or complaints (“DT Correspondence”) originating from Publishers or any competent authority or regulator about the Processing of Publishers’ Personal Data conducted by Advertiser or any of its advertisers-customers or partners, Advertiser will promptly cooperate in good faith as necessary and reasonable to respond to such DT Correspondence.

3.7. Advertiser acknowledges that DT, as a Processor on behalf of its Publishers, is prohibited from (i) selling Publishers’ Personal Data and (ii) retaining, using, or disclosing Publishers’ Personal Data for any commercial purpose other than for the specific purpose of performing the ad monetization services it provides to its Publishers or outside of the direct business relationship between DT and Publishers unless permitted under applicable laws.

3.8. Advertiser undertakes to (i) comply with its respective obligations under Data Protection Laws and (ii) notify DT no later than within five (5) business days after determining that it can no longer meet its obligations under applicable Data Protection Laws concerning Personal Data disclosed to it by DT under this DPA.

3.9. DT will take reasonable and appropriate steps to ensure that Advertiser uses the Personal Data disclosed to it under this DPA in a manner consistent with DT’s obligations under Data Protection Laws and, upon notice, take reasonable and appropriate steps to stop and remediate Advertiser’s unauthorized use of Publisher’s Personal Data.

4. Processing Personal Data

4.1. Each Party will ensure that its access to Personal Data transmitted to it by the other Party is being Processed only by those Personnel who require such access to fulfill each Party’s obligations under the Agreement and this Addendum. Each Party will impose appropriate contractual obligations upon its Personnel engaged in Processing such data, including relevant obligations regarding confidentiality, data protection, and appropriate data security. Each Party will ensure that its Personnel engaged in Processing such data are informed of the confidential nature of such data, have received appropriate training on their responsibilities, and have executed written confidentiality agreements.

4.2. The Parties acknowledge that the Advertiser pays DT, in accordance with the terms of the Agreement, for the Service. Neither Party receives from the other Party any monetary or other valuable consideration for Processing Personal Data and sharing Personal Data with the other Party.

4.3. The nature of Processing by the Parties, categories of Data Subjects, and types of Personal Data are indicated in Annex I to Exhibits A and B, respectively, and serve as an integral part of this Addendum, whether Exhibits A and B apply in their entirety, or not.

4.4. The Parties will respect the Data Subjects’ choice not to be tracked for targeted advertising. They will not attempt to circumvent the Data Subject’s choice as presented through the operating system of the Data Subject’s device.

4.5. Each Party engages and authorizes the other Party to engage Sub-Processors to perform certain Processing in connection with the Agreement. The lists of Sub-Processors of each Party are referred to from Annex III of Exhibits A and B, respectively, and serve as an integral part of this Addendum, whether Exhibits A and B apply in their entirety or not. Before an engagement with a Sub-Processor, each Party: (i) carries out reviews and requires or receives adequate assurances that the Sub-Processor complies with obligations substantially similar to the obligations as set out in this Addendum; and (ii) ensures that a Statutory Data Transfer Agreement or such other appropriate methods of Personal Data transfer are at all relevant times incorporated into the agreement executed between the Party and its Sub-Processor if the engagement with the Sub-Processor involves a Personal Data Transfer. Each Party may object to the Processing of such Party’s Personal Data by a new Sub-Processor of the other Party, for reasonable and explained grounds, within five (5) business days following the other Party’s written notice to the objecting Party of the intended Processing of Personal Data by the new Sub-Processor. If the objecting Party timely sends the other Party a written objection notice, the Parties will make a good-faith effort to resolve the objection. Without a resolution, the other Party will make commercially reasonable efforts to provide the objecting Party with the same level of service without using the new Sub-Processor to Process the objecting Party’s Personal Data.

4.6. Advertiser instructs DT to create and use De-identified Information for the provision of the Services (as good practice and in line with data protection by design and by default principles, DT may de-identify the Advertiser’s Personal Data before using such information to provide the Service to the Advertiser). DT may further use De-identified Information for DT’s legitimate Business Purposes, including testing, development, controls, and operations of DT’s services.

For the purpose of this section, “De-identified Information” means the Advertiser’s Personal Data that has been de-identified or aggregated by DT so that it cannot reasonably be associated with or be used to identify a particular Individual or Household and will include anonymized information (as defined under Data Protection Laws); provided that DT: (A) has implemented commercially reasonable measures to ensure that the information cannot be associated with an Individual or Household to which such information may pertain; (B) maintains and uses the information in de-identified form and does not attempt to re-identify such information (other than to determine whether DT’s de-identification processes satisfy applicable requirements under Data Protection Laws); and, (C) uses commercially reasonable measures to contractually obligate all third-parties with whom DT shares such information to comply with all of DT’s commitments specified under sub-sections (A)-(C) above.

5. Personal Data Transfer

5.1. This Section 5 applies to Personal Data Transfers, as required by the Parties to perform their obligations under the Agreement, including the export of Personal Data by Advertiser to DT and the export of Publishers’ Personal Data by DT to Advertiser.

5.2. As applicable under Data Protection Laws for the lawful transfer of Personal Data, if a Party imports Personal Data to, or accesses Personal Data from, a country that is not subject to an Adequacy Decision, and the Data Protection Laws mandate a Personal Data Transfer measure to facilitate the lawful Personal Data Transfer, Advertiser, and DT hereby agree that the applicable Statutory Data Transfer Agreement will apply in respect of any such Personal Data Transfer from one Party to another.

5.3. DT’s Statutory Data Transfer Agreement is detailed in Appendix C attached hereto (“Adequacy Decision for US Transfer”). If any Supervising Authority determines that such Adequacy Decision for US Transfer is invalid, each Party agrees to execute the applicable Statutory Data Transfer Agreement upon request of the other Party and further agrees that absent of execution, the terms and conditions of the Statutory Data Transfer Agreement will, in any event, apply to any relevant Personal Data.

5.4. The following terms will apply when the Adequacy Decision for US Transfer was invalided:

5.4.1 Transfer of Personal Data which is governed by Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the Processing of Personal Data and on the free movement of such data and repealing Directive 95/46/EC (“GDPR”) to a country outside of the European Economic Area and that is not subject to an Adequacy Decision (“Third Country”), is made in accordance with the EU Standard Contractual Clauses (“EU SCCs”), pursuant to EU Commission Decision C(2021)3972, in the module specified in Exhibit A, for Personal Data Transfer by Advertiser to DT, and in Exhibit B, for Personal Data Transfer from DT to Advertiser, which are attached and incorporated by reference to this Addendum, or, as required, in accordance with any successor thereof or an alternative lawful data transfer mechanism, and each Advertiser further acknowledges that DT engages Advertiser, under the first module of the EU SCCs, on behalf of its Publishers, including, without limitation, by designating the applicable Supervisory Authority therein on their behalf, for the purposes of facilitating the lawful transfer of Personal Data, as part of DT’s ad monetization services to its Publishers.

5.4.2 In accordance with Article 46 of the GDPR and the EU SCCs, and without prejudice to any provisions of this Addendum, each Party undertakes the following additional safeguards to secure Personal Data transferred by it based on the EU SCCs to Third Countries:

5.4.3. Each Party will implement and maintain technical and organizational measures, such as encryption, access controls, or similar technologies, as applicable, to protect the transferred Personal Data against any processing for national security or other government purposes that goes beyond what is necessary and proportionate in a democratic society, considering the type of processing activities under the Agreement and relevant circumstances.

5.4.4 to safeguard the transferred Personal Data when any government or regulatory authority requests access to such data, and unless required by a valid court order or if otherwise, the Party that receives the request (“Requested Party”) may face criminal charges for failing to comply with orders or demands to disclose or otherwise provide access to the transferred Personal Data, or where the access is requested in the event of an imminent threat to lives, the Requested Party will:

not purposefully create back doors or similar programming that could be used to access the transferred Personal Data.
not provide the source code or encryption keys to any government agency to access the transferred Personal Data; and,
upon the other Party’s written request, provide reasonably available information about the requests for access to Personal Data by government agencies that the Requested Party has received in the six months preceding the other Party’s request.

5.4.5 When a Requested Party receives a request by a government agency to access the transferred Personal Data, the Requested Party will notify the other Party of such request to enable the other Party to take necessary actions, to communicate directly with the relevant authority and to respond to such request. Suppose the Requested Party is prohibited by law from notifying the other Party of such request. In that case, the Requested Party will make reasonable efforts to challenge such prohibition through judicial action or other means at the other Party’s expense and, to the extent possible, will provide only the minimum amount of information necessary.

6. Data Security

6.1. Each Party Processing Personal Data transmitted to it by the other Party will maintain appropriate administrative, physical, organizational, and technical safeguards aimed at maintaining an appropriate level of security, confidentiality and integrity of the Personal Data in accordance with official guidelines as provided by Supervising Authorities, good industry practice and Annex II of Exhibits A and B to this Addendum, as applicable to the Parties, which serves as an integral part of this Addendum, whether Exhibits A and B apply in their entirety, or not.

6.2. Each Party monitors compliance with these safeguards regularly and will not materially decrease the overall security controls during the term of this Addendum.

6.3. Each Party will not transfer Personal Data to third parties except under written contracts that guarantee at least a level of data protection and information security as provided herein and will assume responsibility for the acts and omissions of said third parties about the Processing of Personal Data.

7. Personal Data Breach

Each Party Processing Personal Data transmitted to it by the other Party will maintain security incident management policies and procedures and will notify the other Party of any actual or reasonably suspected Personal Data Breach without undue delay after becoming aware of such breach. To the extent that the Personal Data Breach occurred on the information systems of a Party or the information systems of any third party acting on such Party’s behalf, such Party will make all reasonable efforts to identify and remediate the cause of the breach promptly and will inform the other Party accordingly.

8. Assistance

8.1. Each Party, when Processing Personal Data transmitted to it by the other Party, will provide the other Party with all reasonably necessary assistance in connection with any inquiries received from, or prior consultation with any Supervising Authority, the exercise of such Party’s Data Subjects rights, and conducting impact assessments, as required under applicable Data Protection Laws.

8.2. Advertiser acknowledges and agrees that, except for the permitted purposes under the Data Protection Laws, it will cease Processing Publisher’s Personal Data transmitted to it by DT via the Service and is related to an opted-out Publishers’ Data Subjects whenever Advertiser is aware of such opt-out signal.

8.3. DT acknowledges and agrees that, except for the permitted purposes under the Data Protection Laws, upon Advertiser’s transmission of an opt-out signal to DT, DT will cease any Processing of Advertiser’s Personal Data related to the opted-out Advertiser Data Subjects.

8.4. to establish the opt-out flagging mechanism, the Parties will cooperate in good faith with each other to be able to receive such flags from each other.

8.5. For the purpose of this Addendum, it is the sole responsibility and liability of the Party who is transmitting Personal Data to the other Party under this Addendum to decide if the out-out option about such Personal Data is required, under applicable Data Protection Laws and to instruct the other Party accordingly.

9. Audit

The Party Processing Personal Data that was transmitted to it by the other Party in connection with the Service will make available to the other Party all information reasonably necessary to demonstrate its compliance with this Addendum and will permit and contribute to any data audits reasonably required by the other party upon the other party’s prior written request and advanced notice, subject to appropriate confidentiality, operational and financial arrangements about such audits.

10. Retention and Destruction

10.1. Except as part of the Advertiser’s independent lawful ground to Process Publishers’ Personal Data transmitted to it by DT as part of the Service, the Advertiser may retain such data for not more than 30 days and may save such data for a more extended period for invoicing, reporting, discrepancy reasons and to prevent fraud, but in any case, for no longer than 90 days from receiving such data from DT. Notwithstanding the foregoing, upon DT’s written request, the Advertiser will return all Personal Data and copies thereof to DT or destroy all such Personal Data and certify in writing that it has done so.

10.2. As required under applicable Data Protection Laws and without limiting the aforesaid, at the choice of a Party (the “Requesting Party”), the other Party (the “Responding Party”) will delete or return all Requesting Party’s Personal Data to the Requesting Party after the end of the provision of Services relating to Processing of the Requesting Party’s Personal Data and delete existing copies unless otherwise required or permitted under applicable Data Protection Laws.

10.3. To preserve the right to privacy of Data Subject, including minimizing risks associated with Personal Data Breaches, limiting Personal Data retention periods, and following the data minimization principle, DT will process data based on extracts of Personal Data on an aggregated, anonymized and non-identifiable form. Nothing will prevent DT from using data not subject to Data Protection Laws for its lawful purposes.

11. Term

This Addendum will commence upon the execution hereof. It will continue until the later of (i) the expiration or termination of the Agreement, under the terms therein, or (ii) as long as either Party has possession of Personal Data received by, from, or through the Service. Either Party may terminate this Addendum with a written notice to the other Party immediately if a Party breaches any of the provisions under this Addendum. Such termination will not limit the terminating Party’s rights and remedies under the Agreement and the applicable law.

12. Limitation of Liability

Each Party’s and all its Affiliates’ liability, taken together in the aggregate, arising out of or related to this Addendum, whether in contract, tort, or under any other theory of liability, is subject to the ‘Limitation of Liability’ section of the Agreement, except that each Party’s limit on liability for breaching the Party’s obligations under this Addendum will be the amount charged by DT from the Advertiser in the twelve (12) months preceding the occurrence of the breach. Any reference in such liability section under the Agreement to the liability of a Party means the aggregate liability of that Party and all of its Affiliates under the Agreement.

13. Miscellaneous.

13.1. To the extent that Processing relates to Personal Data originating from a jurisdiction or in a jurisdiction which has any mandatory requirements in addition to those in this Addendum, both Parties may agree to any additional measures required to ensure compliance with applicable Data Protection Laws and any such additional measures agreed to by the parties will be documented in a duly executed written addendum or amendment to this Addendum.

13.2. Any alteration or modification of this Addendum is invalid unless made in writing and executed by duly authorized Personnel of both Parties.

13.3. Invalidation of one or more provisions under the Addendum will not affect the remaining provisions. Invalid provisions will be replaced to the extent possible by those valid provisions which achieve essentially the same objectives.

13.4. Each Party acknowledges that the other party and/or its Affiliates may disclose this Addendum and any relevant privacy provisions in the Agreement to any Supervising Authority to the extent required under the applicable law. Such disclosure will not breach such Party’s confidentiality obligation under the Agreement.

13.5. This Agreement may be executed electronically as part of the Agreement. Each Party consents to the use of (a) electronic means to consent to and complete this Addendum and to provide you with any notices given under this Addendum, and (b) electronic records to store information related to this Addendum and each Party’s use of any Service in compliance with this Addendum.

Appendix A

Service	DT’s Entity providing the Service	Address	GDPR/LGPD Position	CPRA Position
DSP	AdColony Inc. (USA)	1888 Century Park East, Suite 1450, Century City, CA 90067, USA	Processor	Service Provider
Offer Wall	Fyber Media GmbH (Germany)	Wallstraße 9-13 10179 Berlin, Germany	Processor	Service Provider
DT Direct	Fyber Media GmbH (Germany)	Wallstraße 9-13 10179 Berlin, Germany	Processor	Service Provider
DSP	Triapodi Ltd. d/b/a “Appreciate”	4 Hapsagot St. Petach-Tikva, Israel 4951447	Processor	Service Provider
Dynamic Installs (formerly, Preload)	Digital Turbine Media, Inc.	406 Blackwell St., Durham, North Carolina 27701, USA	Processor	Service Provider
Apps Select (formerly, Wizard)	Digital Turbine Media, Inc.	406 Blackwell St., Durham, North Carolina 27701, USA	Processor	Service Provider
Ignite Notifications/Post Install Notifications	Digital Turbine Media, Inc.	406 Blackwell St., Durham, North Carolina 27701, USA	Processor	Service Provider
Single Tap Monetization (formerly SingleTap)	Digital Turbine Media, Inc.	406 Blackwell St., Durham, North Carolina 27701, USA	Processor	Service Provider

1. Processing of Advertiser’s Personal Data by DT:

Advertiser may share Personal Data with DT as a suppression list (i.e., a list of Advertising IDs that Advertiser wishes DT to exclude from receiving its Ad campaign or from installing its mobile application). DT processes such data solely to provide Advertiser with the Services as a Processor/Service Provider on the Advertiser’s behalf.
Advertiser will share with DT, whether directly or via Advertiser’s attribution provider / MMP, postbacks (i.e., an event that indicates that a specific user had installed the Advertiser’s app on its device as a result of the Services or that the Advertiser’s app that was preloaded to the device was opened for the first time by the user). Postbacks include Advertising IDs that DT Processes to bill to the Advertiser(i.e., for attribution purpose), and to invoice the Advertiser for Services rendered under the Agreement.

1. Processing of Publisher’s Personal Data by Advertiser:

DT either (a) runs the Advertiser’s Ad campaign or (b) preloads the Advertiser’s mobile app on certain Android mobile devices via the Services. When the user clicks on an Ad or the install button to download an app or when the Advertiser’s app has been preloaded to the device, DT transmits a ‘click event’ that includes Personal Data (i.e., Advertising ID and for OFW, also IP Address) to the Advertiser, whether directly or via the Advertiser’s attribution provider / MMP. When DT shares such data with the Advertiser, it does so on behalf of its Publishers as the Publisher’s Processor/Service Provider.

After the click, the user is (except in Preloads/Dynamic Installs where the app has been preloaded to the device without any action taken by the user), redirected to the mobile applications store to download the Advertiser’s app. Once the user downloads the app (or opens it for the first time on the device when Preloads/Dynamic Installs are involved), the Advertiser establishes a (contractual) relationship with the user as an independent Controller/Business.

However, if the user changes their mind after being redirected to the mobile applications store and decides not to download Advertiser’s app, or the user never opens the app that was preloaded to the device, the Advertiser is restricted from using Publisher’s Personal Data that DT previously shared with the click event for any other purpose other than to use the DT service (no contractual relationship was created between the user and the Advertiser and therefore the user remained publisher’s user). In this scenario, DT must ensure that restrictions and obligations on using Personal Data processing are part of the Addendum between DT and the Advertiser.

EXHIBIT A

STANDARD CONTRACTUAL CLAUSES

FOR PERSONAL DATA TRANSFERS FROM ADVERTISER TO DT

ANNEX to the COMMISSION IMPLEMENTING DECISION on standard contractual clauses for the transfer of personal data to third countries under Regulation (EU) 2016/679 of the European Parliament and of the Council:

☐ MODULE ONE: Transfer controller to controller

X MODULE TWO: Transfer controller to processor

☐ MODULE THREE: Transfer processor to processor

☐ MODULE FOUR: Transfer processor to controller

https://eur-lex.europa.eu/legal-content/EN/TXT/HTML/?uri=CELEX:32021D0914&from=EN

ANNEX I

PROCESSING OF ADVERTISER’S PERSONAL DATA BY DT

LIST OF PARTIES

Data exporter(s): Advertiser’s information as stated in the Agreement.

Data importer(s):

Entity’s full legal Name: As the Agreement and Appendix A outlined above.

Address: As outlined in the Agreement and Appendix A above.

Contact person’s name & title: DT’s legal team, email: [email protected].

Activities relevant to the data transferred under these Clauses: ad targeting, ad monetization, optimization, reporting, fraud detection, and billing.

Role (controller/processor): Processor

Data Protection Officer name: Michael Panienka, email: [email protected]

DESCRIPTION OF TRANSFER

Categories of data subjects whose personal data is transferred: Mobile application/device users.

Categories of personal data transferred by Advertiser: Advertising ID and IP Address as well on Offer Wall.

Sensitive data is NOT transferred.

The frequency of the transfer (e.g., whether the data is transferred on a one-off or continuous basis): On a frequent and continuous basis whenever a user uses a mobile application.

Nature of the Processing: All operations such as collection, recording, organization, structuring, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment, combination (solely with non-personal data of exporter), restriction, erasure, or destruction of data (whether by automated means), anonymization, etc.

Purpose(s) of the data transfer and further Processing: suppression list and invoicing.

The period for which the personal data will be retained, or, if that is not possible, the criteria used to determine that period: up to 13 months for fraud-related issues only or longer if and to the extent required under applicable law.

For transfers to (sub-) processors, also specify the subject matter, nature, and duration of the Processing: The subject matter of the Processing is the Advertiser’s Personal Data, the nature of the Processing is the performance of the Service under the Agreement and as detailed above and the duration of the Processing is the term of the Agreement.

COMPETENT SUPERVISORY AUTHORITY

The Identity of the competent supervisory authority in accordance with Clause 13 of the New SCC is:

Where the data exporter is established in an EU Member State – the supervisory authority of such EU Member State shall act as competent supervisory authority. Where the data exporter is not established in an EU Member State but falls within the territorial scope of the GDPR in accordance with its Article 3(2) and has appointed a representative pursuant to Article 27(1) – the supervisory authority of the Member State in which the representative is established shall act as competent supervisory authority. Where the data exporter is not established in an EU Member State but falls within the territorial scope of the GDPR in accordance with its Article 3(2) without, however, having to appoint a representative pursuant to Article 27(2) – the supervisory authority of one of the Member States in which the data subjects whose personal data is transferred under these Clauses, shall act as a competent supervisory authority.

ANNEX II

TECHNICAL AND ORGANISATIONAL MEASURES INCLUDING TECHNICAL AND ORGANISATIONAL MEASURES TO ENSURE THE SECURITY OF THE PERSONAL DATA

The Processor has implemented the measures described in this exhibit insofar as the respective measure contributes or can contribute directly or indirectly to protecting the Personal Data under the Addendum entered between the Parties.

These measures are commercially reasonable and are aligned with industry-standard technical and organizational measures to protect Personal Data. These measures are consistent with applicable laws and meet the protection standard appropriate to the risk of processing Personal Data while providing the Processor’s services. The Processor will regularly carry out, test, review, and update all such measures.

These measures will be subject to technical progress and future developments of the Processor’s services. As such, the Processor will be permitted to implement alternative adequate measures. In such an event, the security level may not be lower than the measures memorialized here. Material changes are to be coordinated with the Controller and documented.

Measures for ensuring physical security of locations at which Personal Data are processed

The Processor has implemented the following entry control measures insofar as Personal Data are processed in the Processor’s premises, or access to such data from these premises cannot be precluded:

Unauthorized persons are to be denied entry to the data processing facilities where Personal Data are processed or used.
Entry authorizations to office buildings, computer centers, and server rooms are restricted to the necessary minimum.
Use effective entry authorization controls through an adequate locking system (e.g., security key with documented key management, electronic locking systems with written authorization management).
Documented and comprehensible processes for obtaining, changing, and rescinding entry authorizations, including routine and documented review of whether the granted entry authorizations are up to date.
Reasonable prophylactic and detection measures regarding unauthorized entry and entry attempts (e.g., routine checks of burglary security system for doors, gates, and windows, burglar alarm, video monitoring, guard service, and security patrol).
Written rules for employees and visitors for dealing with technical entry security measures.

Measure for user identification and authorization and ensure event logging.

The potential use of data processing systems by unauthorized persons is to be prevented. The Processor has implemented the following access control measures for systems and networks in which Personal Data is processed or through which access to Personal Data is possible, insofar as the Processor is responsible for the Personal Data access authorizations:

Persons authorized to use a data processing system will be able to access only the data underlying their access authorization, and that Personal Data will be incapable of being read, copied, changed, or removed without authorization during the Processing and use of the data and after the data have been stored.
Access authorizations to Personal Data is restricted to the necessary minimum.
Access authorizations to Advertisers systems and non-public networks are restricted to the necessary minimum.
Use effective access authorization controls through personalized and unambiguous user identification and a secure authentication process.
Recording of access, even by administrators.
For password authentications:
- Specifications are to be made that ensure continuous password quality of at least twelve (12) characters, four (4) degrees of complexity (upper case, lower case, numbers, special characters), and a change cycle of a maximum of ninety (90) days.
- Technical test procedures are to be used to ensure password quality.
If asymmetric key procedures (e.g., certificates, private-public-key-method) are used for authentication, it is to be assured that secret (private) keys are at all times protected by a password (passphrase).
Implement documented and comprehensible processes for obtaining, changing, and rescinding access authorizations, including routine and documented review of whether the granted access authorizations are up to date.
Implement reasonable measures for securing network infrastructure (e.g., intrusion detection systems, use of 2-factor authentication for remote access, separation of networks, encrypted network protocols, and so forth).
Written rules for employees for dealing with the security measures above and the secure use of passwords.
Use of input controls – there is a possibility to subsequently review and determine whether and by whom Personal Data was entered, altered in, or removed from data processing systems. The Processor has implemented the following input control measures on its systems, which are used for processing Personal Data or which enable or convey access to such systems:
- Creation and audit-proof storage of processing protocols.
- We are securing log files against manipulation.
- Recording and evaluating unauthorized and failed login attempts.
- Ensuring that no group accounts (including administrators or root) are used.

Measures for ensuring system configuration, including default configuration and encryption of Personal Data.

Ensuring that critical or material security updates/patches will be installed according to the Processor’s internal Patch Management Policy: a. in client operating systems; b. in server operating systems reachable via public networks (e.g., web servers); c. in application programs (incl. browser, plugins, PDF-reader, etc.); d. in security infrastructure (virus scanner, firewalls, IDS-systems, content filters, routers, and so forth.); and e. in server operating systems of internal servers.
Reasonable measures protect end devices, servers, and other infrastructure elements against unauthorized access (such as multi-level virus protection concepts, content filters, application firewalls, intrusion detection systems, desktop firewalls, system hardening, and content encryption).
The Processor has implemented the following sharing control measures insofar as Personal Data will be received, transferred, or transported by the Processor:
- Reasonable measures for securing network infrastructure (e.g., intrusion detection systems, use of 2-factor authentication for remote access, separation of networks, encrypted network protocols, etc.)
- Encryption – The processor implements encryption technology commensurate with the state-of-the-art to be prescribed so that Personal Data will be incapable of being read, copied, changed, or removed during electronic transmission or transport for storage on data carriers, such as RSA 2048.
  - Data carrier encryption with – state–of–the–art algorithms and protocols to be classified as secure (e.g., TLSbased protocols) for the protection of mobile devices (notebooks, tablet PCs, smartphones, etc.) and data carriers (external hard drives, USB sticks, memory cards, and so forth).
- Implementation of technical security measures for export and import interfaces (hardware and application-related).

Measures for ensuring ongoing confidentiality, integrity, availability, and resilience of processing systems and services and the ability to restore the availability and access to Personal Data in a timely manner in the event of a physical or technical incident.

Personal Data will be protected against accidental destruction or loss. The Processor has implemented the following availability control measures insofar as the Processing is required for maintaining productive services:

Operation and routine maintenance of fire alarms in server rooms, computer centers, and material infrastructure rooms.
Creating sufficient backups
Ensuring backup storage in a separate fire compartment.
Routine backup integrity reviews.
Systems and data restoration processes and documentation.

An incident would receive immediate attention from all relevant Personnel. Once identified and validated, incidents will be reported according to the Processor’s security and privacy policies.

Processor’s development processes follow secure software development industry-standard practices, which include formal design reviews, threat modeling, and completion of a risk assessment.

Processor uses a hash function to de-identify the Personal Data before any use.

Measures for ensuring data quality and allowing data portability and processes for regularly testing, assessing, and evaluating the effectiveness of technical and organizational measures to ensure the security of the Processing.

Personal Data collected for different purposes will be capable of being processed separately. The Processor has implemented the following separation measures insofar as such is within its area of responsibility:

Logical and/or physical separation of test, development, and production systems.
Separation of Controller’s Personal Data from other data sets including, but not limited to, its own, within the processing systems and at interfaces.
Ensuring that Personal Data are constantly identifiable on account of suitable labels if such are processed for different purposes, including information specifying the respective purpose.

Measures for ensuring limited Personal Data retention.

Personal Data is to be deleted if it is processed for purposes as soon as the knowledge thereof is no longer necessary to fulfill the purpose of the saving in accordance with DT’s data retention policy.

The Processor has implemented the following measures ensuring data deletion insofar as such is within its area of responsibility:

Ensuring that the Personal Data can be deleted at any time upon request of the Controller.
Implementation of processes, tools, and documentation for secure deletion in a manner such that data recovery is not possible given today’s state of technology (e.g., through overwriting).
Provide the employees with specifications regarding how and when data will be deleted.

Measures for internal IT and IT security governance and management and for ensuring accountability.

The Processor has in place internal policies containing formal instructions for data processing procedures; Contractors are being carefully vetted regarding data security; The Processor personnel is being trained periodically to maintain awareness regarding data protection and security requirements.

ANNEX III

LIST OF SUB-PROCESSORS

[not applicable to Modules One and Four]

This Annex must be completed for Modules Two and Three in case of the specific authorization of sub-processors (Clause 9(a), Option 1).

The Controller has authorized the use of the following sub-processors by Processor:

Digital Turbine	Amazon Web Services, Inc.	Cloud-based computing services (AWS)- US
Digital Turbine	Google LLC	Cloud-based computing services (GCP)- US
Digital Turbine	Databricks, Inc.	Cloud-based computing services- US
Fyber	http://www.fyber.com/subprocessors.
Appreciate	https://appreciate.mobi/subprocessors
AdColony	Amazon Web Services, Inc.	Cloud-based computing services (AWS)- US
AdColony	Google LLC	Cloud-based computing services (GCP)- Google Big Query US

EXHIBIT B

STANDARD CONTRACTUAL CLAUSES

FOR PERSONAL DATA TRANSFERS FROM DT (ON BEHALF OF PUBLISHERS) TO ADVERTISER

X MODULE ONE: Transfer controller to controller

☐ MODULE TWO: Transfer controller to processor

☐ MODULE THREE: Transfer processor to processor

☐ MODULE FOUR: Transfer processor to controller

https://eur-lex.europa.eu/legal-content/EN/TXT/HTML/?uri=CELEX:32021D0914&from=EN

ANNEX I

PROCESSING OF PUBLISHERS’ PERSONAL DATA BY ADVERTISER

LIST OF PARTIES

Data exporter(s): As outlined in the Agreement and Appendix A above.

Address: As outlined in the Agreement and Appendix A above.

Contact person’s name & title: DT’s legal team, email: [email protected].

Data Protection Officer name: Michael Panienka, email: [email protected]

Data importer(s): Advertiser’s name and contact details, as stated in the Agreement.

Activities relevant to the data transferred under these Clauses: ad targeting and delivery of ads to mobile application users, optimization, reporting, fraud detection, and billing.

DESCRIPTION OF TRANSFER

Categories of data subjects whose personal data is transferred: Mobile application users.

Categories of personal data transferred: Advertising ID, and IP Address as well on Offer Wall.

Sensitive data is NOT transferred.

The frequency of the transfer (e.g., whether the data is transferred on a one-off or continuous basis):

On a frequent and continuous basis, whenever a user clicks on an Ad.

Purpose(s) of the data transfer and further Processing: to monitor the installation of a mobile app on the user’s device or any other action that the Parties agreed, in writing, will be measured as a payable event for billing and invoicing purposes, for dealing with fraud claims and to provide reporting.

The period for which the personal data will be retained, or, if that is not possible, the criteria used to determine that period: up to 30 days from the personal data transfer.

For transfers to (sub-) processors, also specify the subject matter, nature, and duration of the Processing: The subject matter of the Processing is publishers’ Personal Data, the nature of the Processing is the performance of the Service under the Agreement and as detailed above and the duration of the Processing is the term of the Agreement.

COMPETENT SUPERVISORY AUTHORITY

The Identity of the competent supervisory authority in accordance with Clause 13 of the New SCC is:

ANNEX II

TECHNICAL AND ORGANIZATIONAL MEASURES INCLUDING TECHNICAL AND ORGANIZATIONAL MEASURES TO ENSURE THE SECURITY OF THE PERSONAL DATA

Advertiser hereby represents and warrants that it has implemented the technical and organizational measures (including any relevant certifications) to ensure an appropriate level of security, considering the nature, scope, context, and purpose of the Processing and the risks for the rights and freedoms of natural persons as described in its internal Technical and Organizational Measures Policy, a copy of which will be provided to Data Exporter upon written request.

ANNEX III

LIST OF SUB-PROCESSORS

[not applicable to Modules One and Four]

This Annex must be completed for Modules Two and Three in case of the specific authorization of sub-processors (Clause 9(a), Option 1).

The Controller has authorized the use of the following sub-processors by Processor: none.

Appendix C

Adequacy decision for US Transfer

We, at Digital Turbine, participate in the EU-US Data Privacy Framework (“EU-US DPF”), the UK Extension to the EU-US DPF (“UK Extension”), and the Swiss-US Data Privacy Framework (“Swiss-US DPF”), as set forth by the US Department of Commerce.

Specifically, Digital Turbine’s following entities are covered by the EU-US DPF, UK Extension, and Swiss-US DPF: (1) Digital Turbine USA, Inc., (2) Digital Turbine Media, Inc., and (3) Mobile Posse, Inc. d/b/a “Digital Turbine”. Accordingly, in this chapter, the term ‘we’ refers to the above three entities.

You can review our Data Privacy Framework registration at: https://www.dataprivacyframework.gov/s/participant-search.

We have certified to the US Department of Commerce that we adhere to the EU-US Data Privacy Framework Principles (“EU-US DPF Principles”) with regard to the processing of personal data received from the European Union in reliance on the EU-US DPF and from the United Kingdom (and Gibraltar) in reliance on the UK Extension to the EU-US DPF.

We have certified to the US Department of Commerce that we adhere to the Swiss-US Data Privacy Framework Principles (“Swiss-US DPF Principles”) with regard to the processing of personal data received from Switzerland in reliance on the Swiss-US DPF.

If there is any conflict between the terms in this notice or our policy with the EU-US DPF Principles (including the UK Extension) or the Swiss-US DPF Principles, the Principles will govern. To learn more about the Data Privacy Framework (“DPF”) program, visit the data privacy framework website here.

In accordance with the EU-US DPF, we commit to resolve DPF Principles-related complaints about our collection and use of personal data related to you. If you have any inquiries or complaints about our handling of personal data received in reliance on the EU-US DPF, the UK Extension to the EU-US DPF, and the Swiss-US DPF (as applicable), please contact us at: [email protected]. We will do our best to respond to your inquiry as soon as we can.

In accordance with the EU-US DPF, the UK Extension to the EU-US DPF, and the Swiss-US DPF, we commit to cooperate (respectively) with the advice of the panel established by the EU data protection authorities (DPAs), the UK Information Commissioner’s Office (ICO) and the Gibraltar Regulatory Authority (GRA), and the Swiss Federal Data Protection and Information Commissioner (FDPIC), as applicable, with regard to unresolved complaints concerning our handling of personal data received in reliance on the EU-US DPF, the UK Extension to the EU-US DPF, and the Swiss-US DPF.

You may also decide to invoke the arbitration option under the DPF, under certain conditions detailed here. For additional details.

We share personal data with third parties to perform services on our behalf.

When we share personal data received under the Data Privacy Framework with a third party, the third party’s access to, and use and disclosure of such personal data, must also comply with our obligations under the Data Privacy Framework. We will remain liable under the Data Privacy Framework for any failure to do so by such a third party, unless we can demonstrate that we are not responsible for the event giving rise to the damage.

We are subject to the investigatory and enforcement powers of the Federal Trade Commission (FTC).

Note that, as detailed above, we may be required to disclose personal data related to you in response to lawful requests by public authorities, including to meet national security or law enforcement requirements.

We already adhere to the required commitments under the UK Extension to the EU-US Data Privacy Framework and the Swiss-US Data Privacy Framework. We will rely on the UK Extension and the Swiss-US Data Privacy framework for applicable data transfers as of the date that they take effect.

Last updated on November 8, 2023