ironSource Mobile SDK Publisher Online Terms & Conditions

By clicking “accept”, you are indicating that you have read and agreed to its updated terms and conditions.

Important information – please read carefully: this IronSource Mobile SDK Publisher Online Terms and Conditions (the “Agreement”) is a legally binding and enforceable agreement between ironSource Mobile Ltd. (“Company”, “we”, “us”, “our” or “IronSource”) and you, a developer of applications (“you” or “Publisher”). The IronSource Mobile Privacy Policy (available here )(“IronSource Mobile Privacy Policy”) and the IronSource Mobile Terms of Use (available here ) are incorporated herein by reference and are an integral part of this Agreement. In the event there is a contradiction between the terms and conditions hereunder and the terms of the IronSource MobilePrivacy Policy, the IronSource Mobile Privacy Policy will prevail.

Certain elements of the IronSource Mobile Platform or other services or programs offered by us may have different terms and conditions that may apply to them or may require you to agree with and accept additional terms and conditions (“Additional Terms”) in order to use or access them. If there is a conflict between the terms of this Agreement and any Additional Terms, the Additional Terms will prevail.

YOU ACCEPT THIS AGREEMENT BY CLICKING “SIGN UP” OR “LOG IN” (OR ANY SIMILAR LANGUAGE), AND BY ACCESSING OR USING THE IRONSOURCE MOBILE PLATFORM OR YOUR PUBLISHER ACCOUNT, YOU ARE CONSENTING TO BE BOUND BY THIS AGREEMENT AND AGREE THAT WE WILL TREAT YOU AS A PUBLISHER ON THE IRONSOURCE MOBILE PLATFORM FROM THAT POINT ONWARDS. IF YOU DO NOT ACCEPT THIS AGREEMENT IN ITS ENTIRETY, YOU MAY NOT ACCESS OR USE THE IRONSOURCE MOBILE PLATFORM.

If you are entering into this Agreement on behalf of a company or other legal entity, you represent and warrant that you have the authority to bind such company or entity and its affiliates to the terms and conditions contained herein, in which case the terms “you”, “your” or “Publisher” shall refer to such company or entity and its affiliates. If you do not have such authority, or if you do not agree to the terms and conditions of this Agreement, you must not accept this Agreement and may not access and/or use the IronSource Mobile Platform. In addition, you consent to the use of electronic means and/or records to preserve your acceptance of this Agreement and storing information related to this Agreement and your use of the IronSource Mobile Platform. You also agree that we may provide you with notices in accordance with this Agreement. We recommend that you save a copy of this agreement for your records.

You may not access the IronSource Mobile Platform if (a) you are our direct competitor, except with our prior written consent, or (b) you accept this Agreement for purposes of analyzing and testing its availability, performance or functionality, or for any other competitive purposes.

• Definitions

  1. Advertiser(s)” means third party merchants, retailers, service providers, content providers, affiliates, agents and/or advertisers that offer Advertisements by virtue of the Service.
  2. Advertisement” means an advertisement and/or interactive advertisement that contains certain advertising content offered to End Users via the Publisher’s App, served by us through our SDK/API/Tag serving or any other format, through which we are presenting or offering our ads inventory on Publisher’s App, and/or any data related thereto as part of the Service.
  3. App Store(s)” means Google Play Store and/or Apple App Store and/or Amazon Appstore and any other applicable mobile application store.
  4. Applicable Rules” means any and all applicable laws, rule, regulations, contractual and fiduciary obligations, including without limitation, any terms, policies, guidelines, and agreements which may regulate and/or apply to Publisher’s use of the Service or any part thereof, including those of the applicable Operating Systems and applicable App Store(s) and social networks, all as may be updated from time to time.
  5. Business Days” means a day which is not a Friday, a Saturday or a Sunday, nor a public holiday in Israel or the United States.
  6. Confidential Information” means any non-public, proprietary, confidential and/or trade secret information of a party hereof, whether furnished before or after the Effective Date (as set forth in the Insertion Order or via your Publisher Account), and regardless of the manner in which it is furnished, and which given the totality of the circumstances, a reasonable person or entity should have reason to believe is non-public, proprietary, confidential, or competitively sensitive. Confidential Information will not include information that: (i) was rightfully in the recipient or its representatives’ possession prior to its disclosure; (ii) is, or subsequently becomes, publicly available without any party’s breach of any obligation set forth herein; (iii) became known to a party from a source other than the disclosing party by means other than by a breach of the obligation of confidentiality set forth herein; or (iv) is independently developed by the recipient, without relying on or referring to the disclosing party’s Confidential Information.
  7. End User” means a natural person that downloads, installs and/or uses a Publisher’s App.
  8. Forbidden Activity” means, unless agreed otherwise in writing: (a) encouraging conduct that would be considered a criminal offense or could give rise to civil liability, (b) violation of any Applicable Rules; (c) use, endorsement, and/or promotion of any Forbidden Content; (d) violation of any third party terms which are available with or as part of any software and/or product whether used by Publisher or otherwise; (e) distributing of any materials that contains software viruses or any other code, files or programs designed to interrupt, hijack, destroy or limit the functionality of any mobile device, software, hardware, network or telecommunications equipment; (f) fraudulent activity including but not limited to automated actions generation and non-human traffic, including bots, spyware, phishing (each of which shall be deemed “Fraudulent Activity”); (g) modifying browser settings like Bookmarking or default mobile homepage; (h) acting in direct violation with Apple or Google’s Publisher policies.
  9. Forbidden Content” means any content that may be considered as offensive, harmful, misleading, deceptive, fraudulent, unfair, immoral, indecent, pornographic, obscene, sexually explicit material, excessively profane, racist, ethnically offensive, threatening, excessively violent, defamatory, hate speech, gambling (including games of skill that offer prizes of cash or other value), discriminatory, malware, illegal drugs or arms trafficking, alcohol, tobacco, prescription drugs or weapons.
  10. Intellectual Property” means any and all intellectual property and/or proprietary information under any applicable law, including, but not limited to, inventions, patents and patent applications, Marks, logos, copyrightable materials, graphics, text, images, designs, the “look and feel”, specifications, methods, procedures, information, know-how, proprietary knowledge, financial and marketing information, business plans, formulae, technology databases, compilations, algorithms, data, technical data, interactive features, source and object code, files, interface and trade secrets, whether or not registered or capable of being registered, and any derivative works thereof.
  11. Insertion Order” means a mutually agreed document that incorporates this Agreement, and contains specific instructions regarding the services provided herein.
  12. IronSource Mobile Platform” means our proprietary distribution platform entitled and any services and/or features that are made available to Publisher therein, including the Publisher Account, the SDK, the Mediation Platform and any related updates, upgrades supplements, support services or any other material, data and content made available by us therein.
  13. Marks” mean all trademarks, service marks, trade names, trade dress and associated logos, in each case, whether or not registered.
  14. Net Revenue” shall mean the gross revenue generated and received by us from third parties with respect to each Advertisement minus revenue generated through Forbidden Activity, refunds, taxes, transaction costs and expenses related to such revenue.
  15. Operating System” means Apple’s iOS and/or Google’s Android and/or Amazon FireOS and/or OS Canvas and/or Web
  16. Publisher Account” means a personal account designated to Publisher in order to utilize the Service, which includes, inter alia, Publisher’s App details and its performance, analytics, rate and any other information or features that we may add, in our sole discretion.
  17. Publisher’s App(s)” means the Publisher’s proprietary mobile application indicated in the IO or via your Publisher Account including, any software code, technology, content and other materials included therein, but excluding IronSource’s Intellectual Property.
  18. Service” means the delivery of Advertisements by us to be displayed on the Publisher’s App and supportive features, all according to the terms of this Agreement.

• Modifications

We reserve the right to modify, discontinue or terminate the IronSource Mobile Platform or any part thereof, or to modify this Agreement at any time, and without prior notice to you. If we modify this Agreement, we will update this Agreement on the IronSource Mobile Site at: https://platform.ironsrc.com/partners/terms-and-conditions, and in addition, should the update be material, provide you with notice pertaining to such update. Please note that it is your responsibility to review the Agreement from time-to-time to check for updates. When the Agreement is updated, we will also update the date at the top of this Agreement accordingly. By continuing to access or use the IronSource Mobile Platform following any update, you agree to be bound by the modified Agreement. If the modified Agreement is not acceptable to you, your only recourse is to cease using the IronSource Mobile Platform.

• Scope Of Engagement

  1. You are the owner and/or licensed operator of the Publisher’s App, and wish that we provide you with online Advertisements for the purpose of displaying such Advertisements via Publisher’s App, and in return we may provide you with the Consideration in accordance with this agreement, all subject to and in accordance with the terms and conditions set forth in this Agreement.
  2. As part of the Service, you will be assigned a username and password with which you will be able to access the Publisher Account. You agree: (a) to keep your password secure and confidential; (b) not to permit others to use the Publisher Account; and (c) not to transfer or assign the Publisher Account’s password to a third party. You are solely responsible for actions taken in Publisher’s Account, we will not be liable for any loss or damage arising from any unauthorized use of the Publisher Account or any other breach of security pertaining to the Publisher Account. You agree to notify us immediately of any unauthorized use of the Publisher Account or any other breach of security.
  3. We may, in our sole discretion, at any time: (a) determine the scope of the Service, including, the Advertisements that are available to you; and (b) modify, replace or make any other changes to, or discontinue, the Service (or any part thereof). We do not have any obligation to monitor any materials or content which are available as part of the Services.
  4. You shall display the Advertisements on Publisher’s App according to the terms of this Agreement, including any placement requirements and technical specifications provided by us, to enable proper display of such Advertisements. You shall not add, modify, alter, delete content, text or appearance of the Advertisement without our prior written approval.
  5. As part of the Service and if specifically indicated in the Insertion Order you shall be entitled to use our Mediation Platform which allows publishers to manage, serve and optimize advertisement campaigns (the “Mediation Platform” and “Mediation Services” respectively). You acknowledges that with respect to Publisher Advertisement Campaigns (as defined below), we have no contractual relationship with such advertisers/agencies/ad networks (regarding such campaigns), and we do not monitorsuch campaigns, therefore we shall have no responsibility and\or liability whatsoever regarding such campaigns. For the purpose of this section “Publisher Advertisement Campaigns” means advertising campaigns that are not delivered by us, even if served as part of the Services. Currently the use of the Mediation Platform is provided with no charge for the Publisher, but only to the extent that IronSource is an active network; however we reserve the right, in our sole discretion, to end the Mediation Services or to charge fees for the use of the Mediation Platform, all on a non-retroactive basis by providing a prior written notice to you.
  6. As part of our supply side platform, we may offer an IronSource managed programmatic exchange as well as programmatic support for its advertisers, in order to provide optimization across third party ad networks and programmatic buyers (the “Programmatic Platform”). The Programmatic Platform’s services are not currently considered part of the IronSource services provided under this Agreement and as such will be subject to additional revenue share costs and terms.
  7. In addition, from time to time, we may offer you to try certain Beta services at no charge. You may accept or decline any such offer at your sole discretion. Beta services will be clearly designated as beta, pilot, limited release, developer preview, evaluation or any similar description, and are meant for evaluation purposes only. Beta services are not considered as part of the IronSource Mobile Platform under this Agreement and may be subject to additional terms. Beta services may be discontinued at any time in our sole discretion and we may never make them generally available. You acknowledge and agree that we will have no liability for any harm or damage arising out of or in connection with any Beta service.

• License: Proprietary Rights 

  1. As between the Parties: (i) we and our licensors (if any) retain all rights, title and interest, including Intellectual Property in and to, any and all components of the Service, including without limitations its platforms, SDK(s) (if integrated) and IronSource’s Confidential Information, the Advertisement (including any content placed in the Advertisement), and all modifications, enhancements, improvements, and/or derivatives to any of the foregoing. All rights in and to the foregoing not expressly granted hereunder are reserved by us and our licensors (if any); and (ii) you and your licensors (if any) retain all rights, title, and interest, including Intellectual Property in and to, any and all components of Publisher’s App and Publisher’s Confidential Information, and all modifications, enhancements, improvements, and/or derivatives to any of the foregoing; all rights in and to the foregoing subsection (ii) which are not expressly granted hereunder are reserved by you and your licensors (if any). We hereby provide you with a limited, non-exclusive, non-sub licensable, non-transferable, royalty free worldwide right, under our Intellectual Property and the licenses provided to it by third parties, only during the Term (as defined below) of this Agreement, to display the Advertisement on Publisher’s App solely according to the terms of this Agreement. Each party acknowledges and agrees that any and all goodwill and other proprietary rights that are created by or that result from a party’s use of the other party’s Marks as permitted hereunder will inure solely to the benefit of the other party.
  2. You (or any person acting on your behalf) may not: (a) copy, modify, execute or perform publicly, make available to the public, reduce to human readable form, emulate, sell, resell, lease, rent, lend, sublicense, make any commercial use, process, adapt, translate, modify, reverse engineer, combine with any software or application (other than as expressly permitted under this Agreement), decompile, disassemble or create derivative works of any material that is subject to IronSource’s Intellectual Propriety, other than as expressly permitted under this Agreement; (b) make any use of the Service, or any part thereof other than as expressly permitted hereunder; and (c) interfere with or disrupt the operation of the Services, or the servers or networks that host and/or connect with the Service and/or make them available, or disobey any requirements, procedures, policies, or regulations of such servers or networks.
  3. You agree that we may: (a) feature the Publisher’s App in different marketing collateral and as part of promotional campaigns, including newsletters, case studies and press releases; and (b) identify you as a user of the Service. For that purpose, you agree to grant us a limited, worldwide, non-sublicensable, non-exclusive license to use the Publisher Marks solely to engage in the marketing and promotional activities set forth herein. All rights which are not expressly granted herein are reserved by you. We shall not make any use of the Publisher Marks, in whole or in part, in any manner that is not expressly permitted under this Agreement or without your written consent.

• Publishers Obligations and Requirements

  1. You represent and warrant that you: (a) are the owner or the legal licensee of the Publisher’s App, including: (i) the names and/or pictures of persons included in the Publisher’s App; (ii) any Marks, copyrighted material and/or depictions of trademarked or service marked goods or services available therein; and (iii) any testimonials or endorsements contained in any Publisher App; (b) are of a legal age according to the Applicable Rules of the country in which you reside or from which you access the IronSource Mobile Platform, and in any event are not under the age of 13; (c) are not currently restricted from using the IronSource Mobile Platform, or not otherwise prohibited from having an account with us; and (d) will only provide us with accurate information in connection with your use of the IronSource Mobile Platform.
  2. You represent and warrant, that: (a) you are duly and fully authorized to be bound by this Agreement and that all corporate authorizations and/or consents required in order to enter this Agreement, if any, have been duly obtained; (b) the execution and delivery of this Agreement, and your performance of your obligations hereunder, will not constitute a breach or default of or otherwise violate any agreement to which you are a party or any of your affiliates are a party or violate any rights of any third parties arising therefrom; (c) you will not make any representations, warranties and/or guarantees with respect to the IronSource Mobile Platform and/or about us and/or on our behalf, nor will you bind us to any agreement, without our explicit and prior written approval; (d) the Publisher’s App, including its content, is wholly owned by you and/or is validly and lawfully licensed to you, and does not infringe or violate any Applicable Rules and/or any right of any person, including Intellectual Property Rights, and you are fully permitted to make any use of Publisher’s App whatsoever, including any use as may be required and/or advisable under this Agreement and/or with respect to the IronSource Mobile Platform; (e) you shall at all times use only the then-current version of the IronSource Mobile Platform and any part thereof, as provided by us through the IronSource Mobile Platform site, and it is solely your responsibility to visit the IronSource Mobile Platform site regularly and obtain any updates as may be available therein; and (f) you are solely responsible for the Publisher’s App and any content, technology and/or functionality available therein.
  3. The Publisher’s App and activities performed through it and any content displayed therein will not:
    1. include nor will they be used to engage in, facilitate, promote, or advocate any content or function which may: (a) be considered as Forbidden Content; (b) be considered Forbidden Activity; and/or (c) interfere with the operability of third-party programs or software;
    2. run without installation and/or cause the uninstallation or intentionally interfere with the operation and/or default settings of any End User’s device, operating system or other applications installed on any End User’s device, and/or intentionally creates, or exploits any security vulnerabilities in any End User’s device.
    3. compensate End Users for clicking on any Advertisements or other commercial materials or provide any other incentives or benefits for downloading or installing it.
  4. You will comply with all Applicable Rules, including data protection and privacy laws and rules applicable to the personal information of the End Users that is being accessed, collected, used and/or shared by you. You shall post on the Publisher’s App a privacy policy that abides by all applicable rules, laws, acts and regulations and that: (a) includes a link to ironSource Mobile’s Privacy Policy; and (b) provides legally adequate disclosure to your End Users about: (i) any information relating to End Users that will be provided or is otherwise accessible to us in connection with the Services, as set forth in the IronSource Mobile Privacy Policy and (ii) to the extent applicable, a conspicuous manner, in accordance with Applicable Rules and as instructed by us, in which an End User may opt-out of receiving targeted ads based on the End User’s behavior and interests. You hereby confirm that you have read and understood the IronSource Mobile Privacy Policy, and that nothing therein is contrary to your privacy policy. 
  5. Notwithstanding anything to the contrary in this Agreement, you acknowledge and agree that each instance of Forbidden Activity or a violation of your obligations under this Agreement, may cause us irreparable harm and therefore and without derogating from any other remedy available to us in equity or Applicable Rules, will entitle us to withhold and offset any Consideration (as defined below) due to you.
  6. You will not engage in any fraudulent activity including but not limited to automated actions generation and non-human traffic, including bots, spyware, phishing (each of which shall be deemed “Fraudulent Activity”). We will determine if Fraudulent Activity has occurred based on the determinations of third party fraud identifiers, as well as our internal analysis and in case it has been established that Fraudulent Activity has occurred, you will not be compensated for any actions derived from said Fraudulent activity. In the event that we find reasonable evidence to indicate that the majority of a Publisher’s App’s traffic (or a Product’s traffic) is Fraudulent, we shall be entitled to consider that entire traffic as Fraudulent.
  7. We may use cookies and pixels as part of the Services, inter alia, for the purpose of performing and improving the Service, analyzing its performance, detecting and addressing technical issues. In no event will we be liable for any placement of cookies by third parties and any such placement shall be governed by those third parties terms.
  8. You hereby acknowledges and agrees to the terms of the Data Processing Addendum attached hereto.

• Payment

  1. Subject to full compliance with the terms and conditions of this Agreement and if explicitly agreed to by the parties, you may be entitled to receive payment from us during the Term hereof according to the terms specified in the relevant Insertion Order (the “Consideration”). Notwithstanding anything else to the contrary set forth in the Agreement, you acknowledge and agree that we shall have no obligation to pay you any Consideration with respect to amounts generated as a result of: (i) your breach of any of the terms and conditions of the Agreement; and/or (ii) your breach of any Applicable Rules, and/or a Forbidden Activity and/or a Fraudulent Activity. We may withhold and/or offset (as we shall deem appropriate, in our sole discretion) the relevant portion of any Consideration due to you or any portion of any Consideration previously received by you in respect of any matter under subsection (i) and (ii) of this section.
  2. During the Term, we may be entitled to receive payments from you with respect to Direct and/or Cross-promotional campaigns (the “Serving Fee”). For the avoidance of doubt, it is hereby clarified that we take no liability with respect to the content included in any of the Direct and/or Cross-promotional campaigns and you will be liable for such activity and the content included therein. It is hereby further clarified that Cross-promotional campaigns will solely promote your proprietary content for which you do not charge third parties for.
  3. Calculations of the Consideration and/or the Serving Fee, will be based solely on our tracking and reporting platform. With respect to Direct and/or Cross-promotional campaigns, you will provide us with your measurements and statistics reports and in any case our numbers shall prevail. Payment of the Consideration shall be made within sixty (60) days after the end of each calendar month, in U.S. Dollars by electronic funds transfer and payments of the Serving Fee shall be made within thirty (30) days after the end of each calendar month, in U.S. Dollars by electronic funds transfer. You hereby agree that our failure to remit payment which is cured within ten (10) Business Days of the due date shall not be considered as a breach of our payment obligation hereunder. Further, you agree that we shall not be required to pay you until such time that the amount owed to you equals or exceeds Two Hundred and Fifty U.S. Dollars (US$250), and such amount shall accumulate until such time as the payment due to you exceeds Two Hundred and Fifty U.S. Dollars (US$250).
  4. If you wish to dispute the calculation of the Consideration, you will provide us with a written notice (via e-mail to the address set forth in the Insertion Order) specifying the reasons for the dispute with as much detail as possible (the “Dispute Notice”), by no later than seven (7) days of delivery of the applicable calculations to you, whether provided in a Report or otherwise. If such Dispute Notice is not delivered to us within the applicable timeframe, such calculations shall be deemed accepted and agreed by you. Following receipt of a Dispute Notice, the parties will cooperate, in good faith, in order to resolve any such dispute.
  5. The Publisher Account includes a dashboard where you will be able to view reports regarding the number of impressions, clicks, eCPM rates and your then current estimated revenue (the “Dashboard”). You acknowledge and agree that the Dashboard is provided to you for convenience purposes only and we are not liable for any unavailability or inaccuracy, temporary or otherwise, of the Dashboard. You acknowledge and agree that the manner in which the Dashboard reports are generated (the “Reports”), including without limitation, the manner in which the Consideration is calculated and presented therein may be modified and/or altered by us at any time without prior notice to you. To dispel all doubt, the Reports shall be considered a part of our Confidential Information.
  6. You acknowledge and agree that you will pay all applicable taxes, including without limitation, value-added, customs fees, import duties or other taxes and duties imposed by any governmental authority imposed on you with respect to the Consideration. Furthermore, you agree to refund us any Consideration that was paid to you and is subject to chargeback or other fees we may have paid following payment to you.
  7. You agree to: (i) provide us with accurate, current and complete information in connection with the payment of any Consideration due to you hereunder; and (ii) complete any required tax or other forms in order to receive Consideration, to the extent applicable.

• Confidiantlity

  1. During the Term hereof, you may have access to our Confidential Information, including without limitations, the Consideration you receive hereunder. You agree: (a) not to disclose any of our Confidential Information to any third party; (b) not to use our Confidential Information for any purposes other than to carry out your rights and obligations hereunder; and (c) to keep our Confidential Information confidential using the same degree of care as using to keep your Confidential Information and in any case at least a reasonable degree of care. You agree to keep our Confidential Information confidential and not to disclose it to any third party for a period of five (5) years following the effective date of termination of this Agreement.
  2. We may, at our sole discretion, at any time, request that you return, or destroy (and certify in writing such destruction) all of our Confidential Information which is than in your possession, including any analysis or recordings whatsoever prepared by you in connection with or in relation to our Confidential Information.

You acknowledge and agree that unauthorized disclosure or use of our Confidential Information may give rise to irreparable injury, which may not be adequately compensated by damages, and in such an event, money damages will not be a sufficient remedy for such breach of this Agreement by you and therefore, we shall be entitled to specific performance or injunctive relief (as appropriate) as a remedy for any breach or threatened breach thereof, in addition to any other remedies available at law or in equity.

• Our Responsibilities

Subject to the terms and conditions herein, we will make the IronSource Mobile Platform available to you. We use industry standard data security measures to maintain the security and confidentiality of the data and information that is part of the Publisher Account, but we do not and cannot guarantee that storage of any data pertaining to you, the Publisher App and/or End Users will be secured at all times, and we will not be responsible for any unauthorised access to or alteration to your and/or any other person’s data or information from or in connection with the Publisher App and/or Publisher Account.

• Disclaimer

The Service is provided on an “AS-IS” basis. Except as expressly provided in this Agreement and to the fullest extent allowable by Applicable Rules, we make no other warranty of any kind, whether express, implied, statutory or otherwise, including without limitation, warranties of merchantability, fitness for a particular use or non-infringement or those arising in the course of or connected to the performance hereunder, and disclaim any such warranties. In addition, we do not represent or warrant that: (i) the Services or any part therein will be uninterrupted, error free or that any errors will be corrected; or (ii) free of viruses, worms, or any other harmful components or program limitations or non-infringement (iii) You will profit or derive any economic benefit from your use of the Services. Some states or jurisdictions do not allow the exclusion of certain warranties, so some of the above exclusions may not apply.

• Limitation of liability

IN NO EVENT WILL WE, AND/OR OUR SUBSIDIARIES, SHAREHOLDERS, DIRECTORS, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, SUCCESSORS AND PERMITTED ASSIGNEES (COLLECTIVELY, THE “IRONSOURCE GROUP”) BE LIABLE TO YOU OR ANY THIRD PARTY FOR SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS OR REVENUES AND ANY DAMAGES FOR THE USE OR INABILITY TO USE THE IRONSOURCE MOBILE PLATFORM OR ANY PART THEREOF, LOST DATA, LOST PROFITS, LOSS OF GOODWILL, LOST REVENUE, SERVICE INTERRUPTION, COMPUTER DAMAGE, SYSTEM FAILURE OR COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, THE IRONSOURCE MOBILE PLATFORM OR ANY PART THEREIN UNDER ANY THEORY OF LIABILITY, INCLUDING FOR CONTRACT OR TORT (INCLUDING PRODUCTS LIABILITY, STRICT LIABILITY AND NEGLIGENCE), AND WHETHER OR NOT THE IRONSOURCE GROUP WAS OR SHOULD HAVE BEEN AWARE OR ADVISED OF THE POSSIBILITY OF SUCH DAMAGE AND NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY STATED HEREIN. IN NO EVENT SHALL THE IRONSOURCE GROUPS’ AGGREGATE LIABILITY FOR ANY CLAIM ARISING OUT OF OR RELATED TO THIS AGREEMENT, TO THE FULLEST EXTENT POSSIBLE UNDER APPLICABLE LAW, EXCEED ONE THOUSAND U.S.DOLLARS (US$1,000). THE USE OF THE IRONSOURCE MOBILE PLATFORM OR ANY PART THEREOF IS ENTIRELY AT YOUR OWN RISK, AND WE SHALL HAVE NO LIABILITY RELATING TO SUCH USE.

• Indemnification

You agree to defend, indemnify and hold harmless the IronSource Group, from and against any and all claims, damages, obligations, losses, liabilities, costs, debts, and expenses (including but not limited to reasonable attorney’s fees) threatened, asserted or filed (collectively, “Claims”) brought or made by any person against the IronSource Group arising from: (i) your use of the IronSource Mobile Platform and/or any part thereof in any manner inconsistent with or in breach of this Agreement, including any damage of any sort, whether direct, indirect, special or consequential, that may be cause to any person as a result thereof; (ii) your breach or alleged breach of any warranty, representation or obligation made by you under this Agreement; (iii) your violation of any person’s rights, including End Users’ right of privacy; and (iv) End Users’ use of the Publisher’s App. You shall promptly notify the IronSource Group of a Claim. You shall have full control and sole authority over the defense and settlement of a Claim; provided, however; that any settlement will be subject to our prior approval and provided further that you shall not assume the control of the defense of a Claim to the extent that we determine that (a) a Claim relates to our technology, (b) any relief other than monetary damages is sought against the us, or (c) there may be a conflict of interest between you and us in the conduct of the defense of a Claim, and in each such event the costs of defense will be considered “Claims” as defined above. The IronSource Group may join in the defense of a Claim with counsel of its choice at its own expense.

• Term and Termination

  1. This Agreement will commence on the first date on which you accept it, and will continue in perpetuity unless it is terminated as set forth herein (the “Term”).
  2. This Agreement may be terminated in accordance with any of the following provisions:
    1. Either party may terminate this Agreement upon five (5) days’ prior written notice, for any reason and without liability.
    2. We may terminate this Agreement immediately, if you: (i) breach any of your obligations, representations and/or warranties herein contained and do not cure such breach within 10 days of receipt written notice thereof, or (ii) become insolvent or make any assignment for the benefit of creditors, or have any petition under bankruptcy, insolvency or administration law filed against it, which petition is not dismissed within thirty (30) days of such filing, or have a trustee, administrator or receiver appointed for a material portion of its business or assets. If you become subject to any of the foregoing events you will immediately provide us with written notification thereof.
  3. We may immediately, block your access to the Publisher Account, temporarily or permanently, suspend the Publisher Account or terminate this Agreement, withhold any payment due hereunder to the extent determined by us in addition to any other remedies that may be available to us under this Agreement and/or any Applicable Rules, if you engage in any acts prohibited by this Agreement.
  4. Upon the termination of this Agreement, for any reason: (i) all your rights and licenses granted herein shall terminate immediately; (ii) your right to use the Service and/or any part thereof, will terminate and, if integrated with Publisher’s App, you must promptly remove and delete the SDK from the Publisher’s App and systems and destroy all copies of the SDK; (iii) your access to the Publisher Account will be blocked; (iv) you shall promptly return our Confidential Information, or destroy and certify the destruction of all of our Confidential Information.
  5. We will not be liable to you or any person for the termination of this Agreement or termination of your access to the Publisher Account. Furthermore, we will have no obligation to maintain any information stored in our data centers related to you and/or to the Publisher Account or to forward any information to you or any person following the effective date of termination of this Agreement. Following the termination of this Agreement or suspension of the Publisher Account, any information which is related to the Publisher Account may no longer be accessed by you.
  6. The following sections will survive the termination of this Agreement: Sections 1, 6, 7, 10, 11, 13 and this Section 12.

• General

  1. The parties hereto are and shall remain independent contractors, and nothing contained herein shall be deemed to create any agency, partnership or joint-venture relationship between the parties. Neither party shall be deemed to be an employee or legal representative of the other, nor shall either party have any right or authority to create any obligation on behalf of the other party.
  2. Your use of the IronSource Mobile Platform and any part thereof is conditional on your acceptance of the terms and conditions of this Agreement.
  3. This Agreement constitutes the entire understanding between the parties with respect to the matters referred to herein and supersedes and cancels all prior agreements to the subject hereof, if any, between the parties. The headings of the sections and subsections of this Agreement are for convenience of reference only and are not to be considered in construing this Agreement.
  4. If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be reformed only to the extent necessary to make it enforceable and such decision shall not affect the enforceability of such provision under other circumstances, or of the remaining provisions hereof under all circumstances.
  5. Failure to enforce any rights or to take action against either party in the event of any breach hereunder shall not be deemed a waiver of such rights or of subsequent actions in the event of future breaches.
  6. You may not assign or transfer the Agreement (including all rights and obligations hereunder) without our prior written consent and any attempt to do so in violation of the foregoing shall be void. We may assign or transfer the Agreement without restriction or notification.
  7. This Agreement shall be binding on and inure to the benefit of each of the parties and their respective successors and assignees. This Agreement is not made for the benefit of any third party who is not a party hereto, and only the parties hereto or their respective successors and permitted assigns will acquire or have any benefit, right, remedy or claim under or by reason of this Agreement.
  8. This Agreement will be governed by, construed and enforced in accordance with the laws of the state of New York, without regard to its conflicts of law principles or provisions. The parties specifically exclude from application to this Agreement the United Nations Convention on Contracts for the International Sale of Goods and the Uniform Computer Information Transactions Act. Any disputes arising out of or in connection with this Agreement shall be finally exclusively settled under the Rules of Arbitration of the International Chamber of Commerce (the “ICC Rules”) by one arbitrator appointed in accordance with the ICC Rules (the “Arbitrator”). The arbitration shall take place in New York, New York and shall be conducted in the English Language. The arbitration shall be conducted on a confidential basis. The award passed by the Arbitrator shall be final and binding on both the parties. Nothing contained herein shall prevent us from applying to any court of law in order to (i) obtain injunctions or any equivalent remedy, against you, in order to restrain the breach of any restrictive covenants pursuant to this Agreement, or (ii) obtain specific performance of the payment obligations set forth in section 6 of this Agreement. The arbitration award shall be enforceable in any court of competent jurisdiction. Any motion to enforce or vacate an arbitration award under this agreement shall be kept confidential to the maximum extent possible.
  9. Neither party shall be liable hereunder by reason of any failure or delay in the performance of its obligations hereunder as a result of strikes, shortages, riots, insurrection, fires, flood, storm, explosions, earthquakes, Internet outages, acts of God, war, governmental action, or any other cause that is beyond the reasonable control of such party.
  10. All notices required or permitted under this Agreement shall be in English and in writing. Notices shall be delivered as follows: (a) to us – by e-mail, registered or certified mail (postage prepaid) or by overnight courier service, at the address set forth on the IronSource Mobile Site, and (b) to you by e-mail to address associated with Publisher Account. A notice shall be deemed given (i) upon receipt when delivered personally, (ii) upon verification of receipt via e-mail, (iii) within one (1) Business Day of being sent by overnight courier, or (iv) within three (3) Business Days of being sent by registered or certified mail. For purposes of the foregoing, you agree that we may rely upon the e-mail address Publisher provided as part of the Publisher Account and that we will not be responsible for delays in the delivery of e-mails which delays are not associated with your mail server.

Contact Us

If you have any questions (or comments) concerning the Agreement, you are most welcome to contact us at legal@ironsrc.com.

DATA PROTECTION ADDENDUM

This Data Protection Addendum (“Addendum“) forms part of the agreement (“Principal Agreement“) between: (i) ironSource Mobile Ltd. (ironSource); and (ii) the entity and/or person specified in ironSource’s dashboard under the following link: https://platform.ironsrc.com/partners/funds/company/info (“Publisher“).

RECITALS:

  1. The terms used in this Addendum shall have the meanings set forth in this Addendum. Capitalized terms not otherwise defined herein shall have the meaning given to them in the Principal Agreement.  Except as modified below, the terms of the Principal Agreement shall remain in full force and effect.
  2. In consideration of the mutual obligations set out herein, the parties hereby agree that the terms and conditions set out below shall be added as an Addendum to the Principal Agreement.  Except where the context requires otherwise, references in this Addendum to the Principal Agreement are to the Principal Agreement as amended by, and including, this Addendum.
  3. Publisher and ironsource have entered into a Principal Agreement pursuant to which ironsource will provide certain Services to publisher. Ironsource’s liability for this Addendum is limited to the period of the validity of the Principal Agreement, i.e. the period during which ironsource is contracted by Publisher for the provision of the services.
  4. To the extent that the provision of such services involves the processing of Publisher Personal Data, the parties have agreed to enter into this Addendum for the purposes of ensuring compliance with the applicable data protection legislation.

Definitions

In this Addendum, the following terms shall have the meanings set out below and cognate terms shall be construed accordingly:

      • Applicable Laws” means European Union or Member State laws with respect to any Publisher Personal Data in respect of which Publisher is subject to EU Data Protection Laws;
      • Publisher Personal Data” means any Personal Data Processed by a Contracted Processor on behalf of Publisher for the performance of the Principal Agreement;
      • Contracted Processor” means ironSource or a Subprocessor;
      • EEA” means the European Economic Area;
      • EU Data Protection Laws” means EU Directive 95/46/EC, as transposed into domestic legislation of each Member State and as amended, replaced or superseded from time to time, including by the GDPR and laws implementing or supplementing the GDPR;
      • GDPR” means EU General Data Protection Regulation 2016/679;
      • Restricted Transfer means a transfer of Publisher Personal Data to ironSource, where such transfer would be prohibited by Applicable Laws in the absence of the Standard Contractual Clauses.

Services” means the services and other activities to be supplied to or carried out by or on behalf of ironSource for Publisher pursuant to the Principal Agreement;

Standard Contractual Clauses” means the agreements executed by and between ironSource and Publisher and attached hereto as Schedule 3 and Schedule 4 pursuant to the  European Commission’s decision (C(2010)593) of 5 February 2010 on Standard Contractual Clauses for the transfer of personal data to processors established in third countries which do not ensure an adequate level of data protection and the European Commission’s decision (C(2001)1539) of 15 June 2001 on Standard Contractual Clauses for the transfer of personal data to third countries, under Directive 95/49/EC respectively;

Subprocessor” means any person (excluding an employee of ironSource or any of its sub-contractors) appointed by or on behalf of ironSource to Process Personal Data on behalf of Publisher for the performance of the Principal Agreement; and

ironSource Affiliate” means an entity that owns or controls, is owned or controlled by or is or under common control or ownership with ironSource, where control is defined as the possession, directly or indirectly, of the power to direct or cause the direction of the management and policies of an entity, whether through ownership of voting securities, by contract or otherwise.

The terms, “Commission“, “Controller“, “Data Subject“, “Member State“, “Personal Data“, “Personal Data Breach“, Processing” and “Supervisory Authority” shall have the same meaning as in the GDPR, and their cognate terms shall be construed accordingly.

The word “include” shall be construed to mean include without limitation, and cognate terms shall be construed accordingly.

Processing of Publisher Personal Data

The Publisher hereby acknowledges and agrees that ironSource shall act as a Controller with respect to the purposes of Processing specified in ironSource’s privacy policy. Accordingly, Publisher hereby represents, warrants, and undertakes that at all times during the term of the Principal Agreement, Publisher shall include a link to ironSource’s privacy policy from the Publisher’s privacy policy available to the user prior to downloading the Publisher’s app(s) in connection with the Principal Agreement. The Publisher shall indemnify ironSource, and shall be fully liable, for any damages, losses, costs, and/or expenses arising out of or relating to any breach of this Section. In the event that Publisher asks its users for consent for any Processing, Publisher shall notify ironSource at least 30 days prior to requesting such consent, and shall cooperate with ironSource with respect to the mechanism of notifying ironSource about such consent, and/or withdrawal of such consent. Publisher represents and warrants that such consent shall comply with all Applicable Laws, and that ironSource’s reliance on such consent shall not cause ironSource to be in violation of any Applicable Laws.

This addendum shall apply only (i) to the extent that the Applicable Laws apply to the processing of Publisher Personal Data; and (ii) to the Processor Services for which the parties agreed to this Addendum.

ironSource shall not, when acting as a Processor of Publisher, Process Publisher Personal Data other than on the Publisher’s documented instructions unless Processing is required by Applicable Laws to which the relevant Contracted Processor is subject, in which case ironSource shall, to the extent permitted by Applicable Laws and commercially practicable, inform the Publisher of that legal requirement before the relevant Processing of that Personal Data.

Each Publisher:

shall comply with all Applicable Laws in the Processing of Publisher Personal Data;

instructs ironSource (and authorises ironSource to instruct each Subprocessor) to:

Process Publisher Personal Data; and

in particular, transfer Publisher Personal Data to any country or territory,

  • as reasonably necessary for the provision of the Services and consistent with the Principal Agreement; and

Annex 1 to this Addendum sets out certain information regarding the Contracted Processors’ Processing of the Publisher Personal Data as required by article 28(3) of the GDPR. Nothing in Annex 1 confers any right or imposes any obligation on any party to this Addendum.

ironSource Personnel

  • ironSource shall take reasonable steps to ensure that access to the Publisher Personal Data is limited to those individuals who need to know / access the relevant Publisher Personal Data, as necessary for the purposes of the Principal Agreement, and that all such individuals are subject to confidentiality undertakings or professional or statutory obligations of confidentiality.

Security

Taking into account the state of the art, the costs of implementation and the nature, scope, context and purposes of Processing as well as the risk of varying likelihood and severity for the rights and freedoms of natural persons, ironSource shall in relation to the Publisher Personal Data implement appropriate technical and organizational measures to ensure a level of security appropriate to that risk, including, as appropriate, the measures referred to in Article 32(1) of the GDPR.

In assessing the appropriate level of security, ironSource shall take account in particular of the risks that are presented by Processing, in particular from a Personal Data Breach.

Subprocessing

The Publisher generally authorises ironSource to appoint (and permit each Subprocessor appointed in accordance with this Section 5 to appoint) Subprocessors. Publisher specifically authorises the engagement of ironSource’s Affiliates as Subprocessors.

ironSource may continue to use those Subprocessors already engaged by ironSource as at the date of this Addendum as specified at: https://developers.ironsrc.com/ironsource-mobile/19783-2/.   

ironSource shall give Publisher prior written notice of the appointment of any new Subprocessor through a notice available at: https://developers.ironsrc.com/ironsource-mobile/19783-2/, including full details of the Processing to be undertaken by the Subprocessor. If, within 7 days of provision of that notice, Publisher notifies ironSource in writing of any objections (on reasonable grounds) to the proposed appointment, and ironSource does not undertake to perform reasonable steps to address such objections raised by Publisher, Publisher, as its sole and exclusive remedy, may terminate the portion of any Principal Agreement relating to the Services that cannot be reasonably provided without the objected-to new Sub-processor by providing 30 days’ written notice to ironSource:

With respect to each Subprocessor, ironSource shall ensure that the arrangement between on the one hand (a) ironSource, or (b) the relevant Subprocessor; and on the other hand the Subprocessor, is governed by a written contract including terms which offer at least the same level of protection for Publisher Personal Data as those set out in article 28(3) of the GDPR;

ironSource shall be liable for the acts and omissions of its Subprocessors to the same extent it would be liable if performing the Services of each Subprocessor directly under the terms of this Addendum, except as otherwise set forth in the Agreement.

Data Subject Rights

Without derogating from Section 9 below, and taking into account the nature of the Processing, ironSource shall assist Publisher by implementing appropriate technical and organisational measures, insofar as this is commercially and technically possible, for the fulfilment of Publisher’s obligations, to respond to requests to exercise Data Subject rights under Applicable Laws. ironSource may require Publisher to the cover the costs of such assistance in the event that such assistance may interfere with the normal operation of ironSource and/or create an unreasonable burden on ironSource, and/or require ironSource to make material changes to its products and services, subject to ironSource’s sole discretion.

ironSource shall:

promptly notify Publisher if any Contracted Processor receives a request from a Data Subject under any Data Protection Law in respect of Publisher Personal Data; and

not, and shall take reasonable efforts to ensure that any Subprocessor does not respond to that request except on the documented instructions of Publisher, or as required by Applicable Laws to which the Contracted Processor is subject.

Personal Data Breach

ironSource shall notify Publisher without undue delay upon ironSource becoming aware of a Personal Data Breach affecting Publisher Personal Data,  providing Publisher with sufficient information to allow each Publisher to meet any obligations to report or inform Data Subjects of the Personal Data Breach under Applicable Laws. Publisher agrees that an unsuccessful security incident will not be subject to this Section, if it results in no unauthorized access to Publisher Personal Data or to any of Contracted Processors’ equipment or facilities containing Publisher Personal Data, and may include, without limitation, pings and other broadcast attacks on firewalls or edge servers, port scans, unsuccessful log-on attempts, denial of service attacks, or similar incidents.

Publisher is solely responsible for providing in advance an email to which notifications regarding Personal Data Breach should be sent, and ensuring that such email address is current and valid. The default email address for the purpose of sending notification under this Section shall be the email address specified in the Publisher dashboard made available by ironSource at the time of the notification.

ironSource shall co-operate with Publisher and take such reasonable commercial steps to assist in the investigation, mitigation and remediation of each such Personal Data Breach.

Publisher shall use the Services in an appropriate manner, taking into account the level of security necessary for securing the Publisher Personal Data.

Data Protection Impact Assessment and Prior Consultation

  • ironSource shall provide reasonable assistance, as commercially and technically feasible, and at Publisher’s expense, to Publisher with any data protection impact assessments, and prior consultations with Supervising Authorities or other competent data privacy authorities, which Publisher reasonably considers to be required by article 35 or 36 of the GDPR, in each case solely in relation to Processing of Publisher Personal Data by, and taking into account the nature of the Processing and information available to, the Contracted Processors, and in accordance with ironSource’s standard practices.

Deletion of Publisher Personal Data

During the term of the Principal Agreement, taking into account the nature of the Processing, ironSource shall make reasonable efforts to comply with any reasonable request from Publisher to delete information of a user of the Publisher, insofar as this is possible, unless the GDPR and/or any other applicable law requires storage of the Publisher Personal Data, and subject to Section 9.3 below. ironSource shall delete only Publisher Personal Data associated with the Processing on behalf of the Publisher, and based only on the advertising id (or other key requested by ironSource, at its sole discretion). ironSource may require Publisher to the cover the costs of such assistance in the event that such assistance may interfere with the normal operation of ironSource and/or create an unreasonable burden on ironSource, and/or require ironSource to make material changes to its products and services, subject to ironSource’s sole discretion

Subject to sections 9.2 and 9.3 ironSource shall promptly and in any event within 180 days of the date of cessation of any Services involving the Processing of Publisher Personal Data (the “Cessation Date“), delete and procure the deletion of all copies of those Publisher Personal Data Processed for the performance of the Services, insofar as this is possible taking into account the nature and functionality of the Services.

Each Contracted Processor may retain a copy of Publisher Personal Data: (i) in accordance with its data retention policies specified at https://developers.ironsrc.com/ironsource-mobile/19783-2/ (as may be updated from time to time), and/or (ii) for the purpose of the establishment, exercise or defence of legal claims, including without limitation, detection and prevention of fraudulent activities.

If requested by Publisher, ironSource shall provide written approval to Publisher that it has complied with this section 9 within 90 days of the Cessation Date.

Audit rights

To the extent that the GDPR requires Publisher to be in a position to monitor ironSource’s Processing of Publisher Personal Data adequately, Publisher, as the Controller, will have the right to request ironSource, when acting as a Processor, for an audit, no more than once per year, through a mutually agreed, reputable, and independent third party solely for the purposes of, and as absolutely necessary for, meeting its audit requirements pursuant to Article 28, Section 3(h) of the GDPR, and solely those systems and documents directly related to such purpose.  In the event that Publisher wishes to audit ironSource under this Section, it must send a detailed audit request specifying the reasonable start date, scope and duration of, and security and confidentiality controls applicable to, any such audit, at least four (4) weeks in advance of the proposed audit date. Audit requests must be sent in a written form to the designated contact person in ironSource responsible for communications with the Publisher (or, if no such contact person, to ironSource’s support email as specified in the Publisher dashboard made available by ironSource), with a copy to the following email address: legal@ironsrc.com. The auditor must execute a written confidentiality agreement acceptable to ironSource prior to conducting the audit. The audit shall be conducted during regular business hours, subject to ironSource’s policies, and may not unreasonably interfere with ironSource’s business activities.  Any audits are at Publisher’s sole expense. Nothing in this Section will require ironSource either to disclose to Publisher or any auditor, or otherwise to allow Publisher or any auditor to access any data of any other third party, any internal financial information, any trade secret, or any data which is requested, as reasonably determined by ironSource, not in a good faith, resulting in an interference with ironSource’s business, and/or for purposes other than conducting an audit in accordance with the terms of this section. Notwithstanding the foregoing, ironSource may, at its option, provide Publisher with a copy of its most recent third-party audits or certifications by an independent, third-party auditor, as applicable, or any summaries thereof in order to fulfil the foregoing audit rights. In such event, Publisher shall not have a right to request an additional audit. Any results and/or findings of the audit, and/or any third party certifications or audits shall be ironSource’s confidential information, and Publisher will keep the audit results in strict confidentiality, and shall not disclose them to any third party, without ironSource’s prior explicit written approval. If Publisher is required to disclose the audit results to a competent authority, Publisher shall provide ironSource with a prior written notice, explaining the details and necessity of the disclosure and further provide all necessary assistance to prevent such disclosure, and in the event that such disclosures occurs despite Publisher’s best efforts to prevent such disclosure, Publisher will disclose only the portion of the results of the audit that is explicitly requested to be disclosed.

Restricted Transfers

Publisher and ironSource hereby enter into the Standard Contractual Clauses in respect of any Restricted Transfer from Publisher to ironSource.

Where ironSource acts as a Processor of Publisher, Schedule  3 shall apply.

Where ironSource acts as a Controller, Schedule  4 shall apply.

General Terms

  • Governing law and jurisdiction

Without prejudice to clauses 7 (Mediation and Jurisdiction) and 9 (Governing Law) of the Standard Contractual Clauses:

the parties to this Addendum hereby submit to the choice of jurisdiction stipulated in the Principal Agreement with respect to any disputes or claims howsoever arising under this Addendum, including disputes regarding its existence, validity or termination or the consequences of its nullity; and

this Addendum and all non-contractual or other obligations arising out of or in connection with it are governed by the laws of the country or territory stipulated for this purpose in the Principal Agreement.

  • Order of precedence

In the event of any conflict or inconsistency between this Addendum and the Standard Contractual Clauses, the Standard Contractual Clauses shall prevail.

Subject to section 12.2, with regard to the subject matter of this Addendum, in the event of inconsistencies between the provisions of this Addendum and any other agreements between the parties, including the Principal Agreement and including (except where explicitly agreed otherwise in writing, signed on behalf of the parties) agreements entered into or purported to be entered into after the date of this Addendum, the provisions of this Addendum shall prevail.

  • Severance

Should any provision of this Addendum be invalid or unenforceable, then the remainder of this Addendum shall remain valid and in force. The invalid or unenforceable provision shall be either (i) amended as necessary to ensure its validity and enforceability, while preserving the parties’ intentions as closely as possible or, if this is not possible, (ii) construed in a manner as if the invalid or unenforceable part had never been contained therein.

  • Changes to this Addendum

ironSource may change this Addendum by sending an email notification to Publisher, at least 30 days prior to any such taking effect, in the event that such change does not: (i) result in a degradation of the overall security of the Services; (ii) expand the scope of, or remove any restrictions on, ironSource’s Processing of Publisher Personal Data; and (iii) otherwise have a material adverse impact on Publisher’s rights under this Addendum, as reasonably determined by ironSource, unless such change is required by Applicable Laws. For the avoidance of doubt, ironSource may change the types of data specified under “The types of Publisher Personal Data to be Processed” to the extent such change is made in accordance with this Section.

DETAILS OF PROCESSING OF PUBLISHER PERSONAL DATA

This Annex 1 includes certain details of the Processing of Publisher Personal Data as required by Article 28(3) GDPR.
Subject matter and duration of the Processing of Publisher Personal Data
When ironSource acts as a Processor under this Addendum, the subject matter and duration of the Processing of the Publisher Personal Data are set out in the Principal Agreement and this Addendum.
When ironSource acts as a Controller, the subject matter and duration of the Processing of the Publisher Personal Data are set out in ironSource’s privacy policy (as amended from time to time).
The nature and purpose of the Processing of Publisher Personal Data
When ironSource acts as a Processor under this Addendum, ironSource will Process (including, as applicable to the Services and the instructions set forth in this Addendum, collect, record, organise, structure, store, alter, retrieve, use, disclose, combine, erase and destroy) Publisher Personal Data for the purpose of providing the Services and any related technical support to Publisher in accordance with this Addendum.
When ironSource acts as a Controller, ironSource will Process Publisher Personal Data for the purposes set forth in its privacy policy (as amended from time to time).
The types of Publisher Personal Data to be Processed
When ironSource acts as a Processor under this Addendum:
Ad network – Device IDs, online unique identifiers, and IP addresses device.
SSP – Device IDs, IP addresses, online unique identifiers, and segment name.
When ironSource acts as a Controller, the types of Publisher Personal Data Processed by ironSource shall be as set forth in its privacy policy (as amended from time to time).
The categories of Data Subject to whom the Publisher Personal Data relates
When ironSource acts as a Processor under this Addendum:
End users of Publisher from which ironSource collects personal data in its provision of the Services.
End users of Publisher about whom personal data is transferred to ironSource by Publisher in connection with the Services.
End users of Publisher about whom personal data is transferred to ironSource by advertisers, by a third party on such advertisers’ behalf, and/or by third party data providers in connection with the Services.
When ironSource acts as a Controller, The categories of Data Subject to whom the Publisher Personal Data relates shall be as set forth in its privacy policy (as amended from time to time).
The obligations and rights of Publisher
The obligations and rights of Publisher are set out in the Principal Agreement and this Addendum.
Technical and Organisational Measures
Description of the minimum technical and organisational security measures to be implemented by the data importer in accordance with Appendix 2 of the Standard Contractual Clauses Controller-Processor.
Taking into account the state of the art, the costs of implementation and the nature, scope, context and purposes of Processing as well as the risk of varying likelihood and severity for the rights and freedoms of natural persons, ironSource shall in relation to the Publisher Personal Data implement appropriate technical and organizational measures to ensure a level of security appropriate to that risk, including, as appropriate, the measures referred to in Article 32(1) of the GDPR, and as shall be further detailed at: https://developers.ironsrc.com/ironsource-mobile/19783-2/.
Data importer currently observes the security practices described in this Schedule 2. Notwithstanding any provision to the contrary otherwise agreed to by data exporter, data importer may modify or update these practices at its discretion provided that such modification and update does not result in a material degradation in the protection offered by these practices.
Depending on the criticality of the data the data importer shall implement adequate technical and organisational measures such as:

CLAUSES WHERE THE DATA IMPORTER IS A PROCESSOR – STANDARD  CONTRACTUAL CLAUSES (PROCESSORS)

Standard Contractual Clauses (processors)

The Standard Contractual Clauses where the data importer acts as a Processor can be accessed at: http://eur-lex.europa.eu/legal-content/en/TXT/?uri=CELEX%3A32010D0087, and are part to this Addendum when ironSource acts as a Processor.

Appendix 1 to the Standard Contractual Clauses
This Appendix forms part of the Clauses and must be completed and signed by the parties.
The Member States may complete or specify, according to their national procedures, any additional necessary information to be contained in this Appendix.
See Schedule 1 of this Addendum

Appendix 2 to the Standard Contractual Clauses
This Appendix forms part of the Clauses and must be completed and signed by the parties.

Description of the technical and organisational security measures implemented by the data importer in accordance with Clauses 4(d) and 5(c) are set out in Schedule 2 of this Addendum.

CLAUSES WHERE THE DATA IMPORTER IS A controller – STANDARD  CONTRACTUAL CLAUSES (controllers)

Standard Contractual Clauses (controllers)

The Standard Contractual Clauses where the data importer acts as a Controller can be accessed at: http://eur-lex.europa.eu/legal-content/en/ALL/?uri=CELEX:32001D0497, and are part to this Addendum when ironSource acts as a Controller.

ANNEX B to the Standard Contractual Clauses
This Annex B forms part of the Clauses and must be completed and signed by the parties
The Member States may complete or specify, according to their national procedures, any additional necessary information to be contained in this Annex.