Data Processing Addendum
Last Updated: 3-1-23
This Data Processing Addendum applies to the extent tvScientific processes the Personal Information set forth in Exhibit 1 and is incorporated by reference into the applicable product terms governing Company’s use of the Services, such as the Master Platform Agreement or product-specific terms (collectively, “Applicable Services Terms”). In the event of an express conflict between this Data Processing Addendum and the Applicable Services Terms, this Data Processing Addendum will govern solely to the extent of the conflict.
1. Definitions.1.1 “Data Protection Law” means any and all applicable federal, state, local, or provincial privacy and data security laws, regulations, guidance, or codes of practice, including but not limited to: (i) guidance issued by the U.S. Federal Trade Commission pursuant to its authority under Section 5 of the FTC Act, 15 U.S.C. §45; (ii) U.S. state data breach notification laws; (iii) U.S. state consumer privacy laws; and (iv) any other applicable federal or state laws or regulations regarding privacy and data security that are in effect or will come into effect during the term of the Agreement, except as limited by Section 8 of this Addendum.
1.2 “Personal Information” means information that identifies, relates to, describes, is capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular individual (including, without limitation, names, e-mail addresses, online identifier, and other unique identifiers), and any information that constitutes Personal Information (or any analogous term) under Data Protection Law.
1.3 “Company Personal Information” means the Personal Information set forth in Exhibit 1.
1.4 “Security Breach” means any accidental or unlawful destruction, loss, alteration, unauthorized disclosure of, or access to, Personal Information transmitted, stored or otherwise Processed under this Data Processing Addendum.
1.5 “Business,” “Controller” “Process,” “Processor,” “Sell,” “Share,” and “Service Provider” have the meanings given in applicable Data Protection Law.
Capitalized terms used but not defined in this Data Processing Addendum have the meanings given in the Applicable Services Terms.
2. Roles of Parties.
The Parties acknowledge that, with respect to the Company Personal Information, company is a Business or Controller under applicable Data Protection Law and tvScientific is a Service Provider or Processor to Company.
3. Company Obligations.
Company will obtain all necessary rights and permissions and provide all necessary notices that are or may be required by Data Protection Laws in order for tvScientific to process Company Personal Information to provide the Services. To the extent Company provides Company Personal Information for purposes of ad targeting, Company will provide individuals the ability to opt out of such processing and will not provide Company Personal Information pertaining to any individual who has opted out. By providing or enabling tvScientific to collect Company Personal Information, Company instructs tvScientific to process Company Personal Information to provide the Services.
4. tvScientific Obligations.4.1 tvScientific will process Company Personal Information in accordance with the Applicable Services Terms, and only for the purposes further described in Attachment 1, and you instruct tvScientific to Process such Company Personal Information for these purposes and other purposes permitted of Processors or Service Providers under Data Protection Law.
4.2 tvScientific will ensure that any person authorized to Process Company Personal Information under this Data Processing Addendum is bound by appropriate obligations of confidentiality.
4.3 Taking into account the nature of the Processing of Company Personal Information under this Data Processing Addendum, tvScientific will assist Company, insofar as is reasonable and required by Data Protection Law, in meeting Company’s obligations under applicable Data Protection Laws, including to respond to requests from users to exercise their rights under applicable Data Protection Laws, assist with data protection impact assessments, and breach notice obligations.
4.4 On termination of the Applicable Services Terms, tvScientific will delete the Company Personal Information within forty-five days, unless applicable law requires further storage.
4.5 tvScientific will implement appropriate technical and organizational measures to designed protect the Company Personal Information Processed under this Data Processing Addendum from unauthorized access, acquisition, or disclosure, destruction, alteration, accidental loss, misuse, or damage that are no less rigorous than accepted industry practices, and shall ensure that all such safeguards, including the manner in which Company Personal Information is accessed, received, used, stored, processed, disposed of, and disclosed, comply with Data Protection Law.
6. Review and Audit.
6.1 Upon request, tvScientific will make documentation available to Company to demonstrate compliance with the obligations set forth in Section 3.5 of this Data Processing Addendum. Company may conduct an audit to verify tvScientific’s compliance with the security obligations set forth in this Data Processing Addendum by reviewing such documentation.
6.2 In addition, upon reasonable request, tvScientific will provide Company information reasonably necessary to demonstrate compliance with its obligations as a Processor or Service Provider under this Data Processing Addendum (e.g., attestation of data deletion).
7. Security Breach.
Company will provide tvScientific with the name and contact information for a primary security contact. To the extent required by Data Protection Laws applicable to Company as a Business or Controller, tvScientific will notify Company without undue delay of a Security Breach. Such notice shall include, where possible at the time of notification, or as soon as possible after notification, details of the nature of the Security Breach and number of records affected, the category and approximate number of affected individuals, the anticipated consequences of the Security Breach and any actual or proposed remedies for mitigating its possible adverse effects.
8. Additional California Terms.
To the extent the California Consumer Privacy Act (as may be amended from time to time and including any implementing regulations, the “CCPA”) applies to any Company Personal Information, tvScientific will:
8.1 Not Sell or Share the Company Personal Information.
8.2 Not retain, use, or disclose the Company Personal Information outside of the direct business relationship with Company or for any purpose, including Commercial Purposes, other than those set forth in Section 3.1, unless otherwise permitted by the CCPA.
8.3 Upon notice from Company of its reasonable belief that tvScientific is Processing Company Personal Information in an unauthorized manner, cooperate with Company in good faith to stop or remediate the allegedly unauthorized use of such Company Personal Information, as necessary, such as by providing documentation verifying certain practices.
8.4 Notify Company without undue delay if tvScientific determines it can no longer meet its obligations under the CCPA.
9. EEA and UK.
tvScientific does not currently offer its Services in Switzerland, the UK or countries in the European Economic Area. To the extent that tvScientific agrees to Process data on Company’s behalf that is from or about individuals in regions where additional data protection requirements are prescribed, the parties will exercise good faith efforts to enter into appropriate additional terms.
Exhibit 1 – Processing Details
Nature and Purpose of Processing: tvScientific Processes Company Personal Information to perform the services set forth in the Applicable Product Terms, including ad targeting, audience suppression, frequency capping, measurement, fraud detection and prevention, and ensuring and measuring viewability as well as other legitimate business purposes permitted of processors and service providers under Data Protection Laws.
Company Personal Information: tvScientific will operate as a Processor to Company with respect to:
● Personal Information contained within Company Data
Exhibit 2 – Subcontractors
In connection with providing the services, tvScientific engages the following subcontractors:
1. Amazon Web Services
2. Google Cloud Platform
3. Looker Data Sciences, Inc.
5. Rill Data/Druid