Novi’s Policies for Use of Novi Tracking Technologies

All capitalised terms in this document but not defined here shall have the meanings ascribed to them in the Advertising Service Terms and Conditions, available here.

1   “Audience Data”  shall mean any data that the Client provides in relation to the target users as a part of a Campaign.

2  When using Novi Tracking Technologies, the Client shall provide (and ensure that the provision of this policy are complied with by the Advertiser) informative and prominent notices to obtain the necessary consents and permissions for the collection, use, transfer, and export of data through the use of Novi Tracking Technologies. Such notice shall include, at a minimum, a clear explanation that third parties (that expressly include Novi) may use cookies, web beacons, and other storage technologies to collect or receive information about users and use such information to provide measurement services. The disclosure may be provided to the Client’s end users in the following manner:

(a)   Websites : The Client shall place a clear and prominent notice on each webpage or listing page where the Novi Tracking Technologies are used that links to a clear explanation.

(b)   Application : The Client shall include a clear and prominent notice that is easily accessible within its application settings or any privacy policy and from within any store or website where such application is distributed that links to a clear explanation.

3  The parties agree that Novi owns all data arising out of the use of the Novi Tracking Technologies.

4  If the Client provides to Novi or otherwise uses any Audience Data in connection with the Campaigns, the Client represents, warrants, and undertakes that it shall (a) locally hash such data on its system before it uploads such data on the Platform or otherwise transfers such data to Novi, (b) comply with Applicable Laws and Novi’s policies in relation to the collection, use, and transfer of Audience Data, (c) only conduct interest-based advertising that involves categories prohibited by Applicable Laws, including by creating or using custom audiences based on sensitive information, with necessary consents and permissions, and (d) obtain all necessary rights, consents, waivers, and permissions from users related to its processing of Audience Data.

5  The Client shall not share any sensitive data, sensitive personal data or information, or any other category of data that may be categorised as “sensitive” with Novi.

6  The Client shall not share any sensitive data, sensitive personal data or information, or any other category of data that may be categorised as “sensitive” with Novi.

7 Use of Third Parties and Data Collection:

(a)  The Client shall not, without Novi’s prior written consent and subject to such terms and conditions prescribed by Novi, appoint or use any third-party vendors (such as demand and supply side platforms, advertisement exchanges tracker, and attribution partners) (hereafter,  “Vendors” ) to serve Campaigns or otherwise collect data of end user on the Platform for such Campaigns (  “End User Information” ).

(b)  The Client hereby warrants that it shall, and shall ensure that the Vendors shall:

(i)  only process End User Information that is expressly approved or otherwise provided by Novi for the sole purpose of serving the Campaign and measuring the frequency, reach, and effectiveness of the Campaign for the Client’s benefit;

(ii)  not transfer End User Information to any third party (provided, however, that the Client shall be permitted to transfer End User Information to Vendors in accordance with the Terms);

(iii)  not collect any Personal Data other than the End User Information and will not use any End User Information for the purpose of obtaining Personal Data;

(iv)  not use End User Information, alone or in combination with any other data, to personally (re)-identify, or attempt to personally (re-)identify, any end user;

(v)  not use any End User Information to expand or otherwise enrich their own databases;

(vi)  not aggregate, append, combine, or enhance End User Information with any other Personal Data;

(vii)  delete End User Information at the end of the Campaign or aggregate and de-identify the data such that it can no longer be tied to Novi, the Platform, or Novi’s end users;

(viii)  comply with all Applicable Laws and applicable platform terms of service and use and data policies;

(ix)  at all times maintain, make conspicuously available, and comply with a privacy policy that complies with Applicable Laws;

(x)  comply with any request received from Novi in connection with deletion of any End User Information;

(xi)  implement and maintain industry standard security procedures and practices appropriate to the nature of the information it processes to protect any End User Information from unauthorised or unlawful processing; and

(xii)  ensure that any technology or content utilised by the Client or Vendor shall not contain computer instructions or codes that disrupt, damage, or interfere with the Platform or Novi’s or its users’ systems or content.

8  At least once in a calendar year, Novi may, at its sole discretion, request information about the collection, storage, use, and processing of all End User Information in the Client and/or Vendors’ possession to demonstrate compliance with the Terms. The Client shall promptly provide, and shall ensure that Vendor shall promptly provide, such information.

9  In the event of a security incident that compromises or may compromise or leads (or may lead) to any unauthorised access to End User Information or any Personal Data of End Users or otherwise impact Novi’s or its users’ systems (“Security Incident”), the Client shall (and shall ensure that Vendor shall) promptly notify Novi within 48 hours of knowledge of the Security Incident by writing to breachnotification@startv.com. Such notice shall be supplemented with reasonable level of information requested by Novi in connection with the Security Incident and the remediation measures to be undertaken by the Client or Vendor (at their cost and expense). Additionally, in the event of a Security Incident that impacts End User Information, the Client will and shall ensure that the Vendor shall, at Novi’s written request, allow for and contribute to an audit conducted by an independent third-party audit firm appointed by Novi.

10  The Client shall, at all times, remain responsible and liable for its Vendors’ compliance with the Terms. The Client hereby warrants that it shall contractually impose upon Vendors obligations at least as restrictive as those set forth in the Terms.

11  The Client hereby warrants that the URLs and/or any ad-tags, pixels, tracking pixels and other tracking and storage technologies provided by the Client for the Campaigns shall not result in the transmission to Novi and/or the Platform of any (a) ‘back door’, ‘time bomb’, ‘Trojan Horse’, ‘worm’, ‘drop dead device’, ‘virus’, ‘spyware’, ‘malware’, or related aspect, (b) computer code or software routine that (i) permits unauthorised access to or use of Novi’s or its users’ systems, the Platform, or any component thereof or (ii) disables, damages, erases, disrupts, or impairs the normal operation of the Platform, Novi’s or its users’ systems, or any component thereof.

12  The Client shall warrants that it shall not, with respect to the Platform, Novi Tracking Technologies, code, software, or other components thereof ( “Components” ):

(a)  misappropriate any part of the Components or infiltrate, hack, alter, modify, disassemble, decompile, reverse engineer, copy, reproduce, or create derivative works from or in respect of the Components;

(b)  damage or tamper with any part of the Components;

(c)  breach any Novi or third party security measures through the use of the Components;

(d)  access the Components in order to (i) build a competitive product or service or (ii) copy any ideas, features, functions, or graphics of the Components;

(e)  represent that it possess any proprietary interest in the Components, or remove any notices or copyright information from the Components;

(f)  attempt to sell, resell, sub-license, modify, transfer, lease, assign, pledge, or share its rights or obligations under the Terms;

(g)  use any robot, spider, or other device to retrieve, index, scrape, data mine, or in any way gather information from the Components; or

(h)  use the Components for any unlawful, harassing, intrusive, or abusive activities, or for any unauthorised purpose.