TraceAd DPA - Data Processing Agreement (GDPR)
This DPA agreement (the "Data Processing Agreement") is entered between:
"The Supplier" (Data Processor)
TraceAd Analytics, Providing the Services to Advertisers.
"Advertisers" (Data Controllers).
Businesses, Organisations or Clients using TraceAd Services.
TraceAd Analytics supports the GDPR and associated Privacy Laws securing end user data protection. TraceAd is a European Third Party company managing digital campaigns between advertisers and publishers within EU and outside EU.
For data processing within EU regulated by GDPR of May 25, 2018 and for data processing outside EU with businesses compliant with and uses data storage services that are certified under the EU-US Privacy Shield.
Privacy and data protection is a mutual beneficial outcome for businesses and the consumers they serve. As a third party between advertisers and publishers TraceAd supports and requires a transparent GDPR compliance between the parties.
This policy explains how TraceAd Analytics ("we" or "us") as a part of TraceAd Group, processes your data.
TraceAd is a Third Party Tracking Agency using various technologies to process data within the 3 categories:
#1: Advertisers - (GDPR - "Data Controllers")
- Eg. Agencies, Advertisers, Webshops etc. in regards to DGPA Data Controllers
#2 Publishers - (GDPR "Data Processors"
Eg. Publishers, Media Networks, Affiliate Networks, Media Buying Agencies, Re-Targeting Technologies etc. in regards to GDPA "Data Processors.
#3 Consumers. (GDPR - "Data Subjects")
TraceAd processes data between the parties being a "Data Processor" for our clients, the "Advertiser".
The Advertiser and the Supplier (Individually the "Party" and jointly the "Parties") have agreed that the Advertiser shall be connected to the Service close to the approval of this Agreement. "The Supplier Agreement" and "The Data Processing Agreement".
TraceAd DPA Definitions and Interpretations
The TraceAd DPA - Data Processing Agreement
You accept these terms when using our websites or services.
Subject to Section below,
The Advertiser may use TraceAd Services to process Advertisers Personal Data in accordance with this Data Processing Amendment.
Advertiser may not use the Services to process Advertisers Personal Data which in itself personally identifies an individual (such as a name, social security number or billing information), or other data which can be reasonably linked to such information by TraceAd.
This Data Processing Amendment only applies if and to the extent that the parties process Customer Personal Data under the TraceAd Analytics DPA Agreement, including with respect to personal data in accordance with the EU Data Protection Directive 95/46/EC and any local laws and regulations which amend or replace any of them, including the GDPR.
TraceAd's DPA - Data Processing Agreement includes Standard Contractual Clauses adopted by the European Commission, as applicable, reflects the parties’ agreement with respect to the terms governing the Processing of Personal Data under the TraceAd Advertiser Terms of Service (the “Agreement”).
This DPA is an amendment to the Agreement and is effective upon its incorporation into the Agreement, which incorporation may be specified in the Agreement, an Order or an executed amendment to the Agreement.
Upon its incorporation into the Agreement, the DPA will form a part of the Agreement.
The term of this DPA shall follow the term of the Agreement. Terms not otherwise defined herein shall have the meaning as set forth in the Agreement.
"TraceAd Group" means TraceAd Analytics or TraceAd Affiliates that may be used to provide the Services to the Customer.
"Additional Products" means products, services and applications (whether made available by TraceAd or a third party) that are not part of the Services.
"Affiliate" means any entity that directly or indirectly controls, is controlled by, or is under common control with a party.
"Agreement" means the TraceAd Agreement and this Data Processing Amendment.
"Customer Personal Data" means any Personal Data collected, transmitted, analysed or otherwise processed through the Services which concerns the characteristics and activities of users visiting web pages, apps or other properties or services linked to your TraceAd account(s).
“Data Controller” means the natural or legal person, public authority, agency or other body which, alone or jointly with others, determines the purposes and means of the Processing of Personal Data.
“Data Protection Law” means all applicable legislation relating to data protection and privacy including without limitation the EU Data Protection Directive 95/46/EC and all local laws and regulations which amend or replace any of them, including the GDPR, together with any national implementing laws in any Member State of the European Union or, to the extent applicable, in any other country, as amended, repealed, consolidated or replaced from time to time.
“Data Subject” means the individual to whom Personal Data relates.
“GDPR” means the General Data Protection Regulation (EU) 2016/679 of the European Parliament and of the Council of April 27, 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data. Taking effect May 25, 2018.
“Instruction” means the written, documented instruction, issued by Data Controller to Data Processor, and directing the same to perform a specific action with regard to Personal Data (including, but not limited to, depersonalizing, blocking, deletion, making available).
“Personal Data” means any information relating to an identified or identifiable individual where such information is contained within Customer Data and is protected similarly as personal data or personally identifiable information under applicable Data Protection Law.
“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.
“Processing” means any operation or set of operations which is performed on Personal Data, encompassing the collection, recording, organization, structuring, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, restriction or erasure of Personal Data.
“Data Processor” means a natural or legal person, public authority, agency or other body which processes Personal Data on behalf of the Data Controller.
"Sub Data Processors" means the TraceAd Group and Third Party Suppliers, or any by the Advertiser appointed publisher or collaborator included in a campaign via the Services provided by the supplier.
"Services" means, for purposes of this Data Processing Amendment, those services defined as the "TraceAd Analytics" (as applicable) under the Agreement.
"Third Party Suppliers" means the third party suppliers engaged by the TraceAd Group for the purposes of processing Customer Personal Data in the context of the provision of the Services.
Processing of Advertisers Personal Data
With respect to Customer Personal Data under the Agreement, the parties acknowledge and agree that Advertiser shall be the Data Controller and TraceAd shall be a Data Processor. Advertiser shall comply with its obligations as a Data Controller and TraceAd shall comply with its obligations as a Data Processor under the Agreement. Where an Advertiser Affiliate is the Data Controller (either alone or jointly with the Advertiser) with respect to certain Customer Personal Data, Advertiser represents and warrants to TraceAd that it is legally authorized to instruct TraceAd and otherwise act on behalf of such Advertiser Affiliate in relation to the Advertisers Personal Data in accordance with the Agreement, as amended.
Scope of Data Processing
TraceAd will process Advertisers Personal Data only in accordance with Instructions from the Advertiser through the settings of the services, i.e. (a) to operate, maintain and support the infrastructure used to provide the Services; (b) to comply with Advertiser's instructions and Data Processing instructions in their use, management and administration of the Services; (c) as otherwise instructed through settings of the Services. TraceAd will only process Advertisers Personal Data in accordance with the Agreement.
Durations of Processing Data
Personal Data will be Processed for the duration of the Agreement, subject to ‘Deletion of Personal Data’ of this DPA.
Other Services and Sub Data Processors
Advertiser acknowledges that if it installs, uses, or enables Additional Products that interoperate with the Services but are not part of the Services itself, then the Services may allow such Additional Products to access Advertisers Personal Data as required for the interoperation of those Additional Products with the Services. By using such Additional Products, Advertiser authorizes TraceAd to share Advertiser Personal Data with the Additional Products, Collaborators, and Sub-Data-Processors Chosen by the Advertiser through TraceAd, such as "Publishers" , "Affiliate Networks" and "Re-Targeting" etc.
The Agreement does not apply to the processing of Customer Personal Data transmitted to and from such other Additional Products. Such separate Additional Products are not required to use the Services and may be restricted for use as determined by Adevertiser's system administrator in accordance with the Agreement.
Within the scope of the Agreement and in its use of the services, Data Controller shall be solely responsible for complying with the statutory requirements relating to data protection and privacy, in particular regarding the disclosure and transfer of Personal Data to the Data Processor, Sub-Data-Processors and the Processing of Personal Data.
For the avoidance of doubt, The Data Controller’s instructions for the Processing of Personal Data shall comply with the Data Protection Law. This DPA is Advertiser's complete and final instruction to TraceAd in relation to Personal Data and that additional instructions outside the scope of DPA would require prior written agreement between the parties.
Instructions shall initially be specified in the Agreement and may, from time to time thereafter, be amended, amplified or replaced by Data Controller in separate written instructions (as individual instructions).
Data Controller shall inform Data Processor and Sub-Data-Processors without undue delay and comprehensively about any errors or irregularities related to statutory provisions on the Processing of Personal Data.
Obligations of Data Processor Compliance with instructions
The parties acknowledge and agree that Advertiser is the Data Controller of Personal Data and TraceAd is the Data Processor of that data. Data Processor shall collect, process and use Personal Data only within the scope of Data Controller’s Instructions and the Agreement.
If the Data Processor believes that an Instruction of the Data Controller infringes the Data Protection Law, it shall immediately inform the Data Controller without delay. If Data Processor cannot process Personal Data in accordance with the Instructions due to a legal requirement under any applicable European Union or Member State law, Data Processor will (i) promptly notify the Data Controller of that legal requirement before the relevant Data Processing to the extent permitted by the Data Protection Law; and (ii) cease all Data Processing (other than merely storing and maintaining the security of the affected Personal Data) until such time as the Data Controller issues new instructions with which Data Processor is able to comply. If this provision is invoked, Data Processor will not be liable to the Data Controller under the Agreement for any failure to perform the applicable services until such time as the Data Controller issues new instructions in regard to the Data Processing.
Data Protection and Security
Data Processor shall take the appropriate technical and organizational measures to adequately protect Personal Data against accidental or unlawful destruction, loss, alteration, unauthorised disclosure of, or access to Personal Data. Such measures include, but are not be limited to:
i. the prevention of unauthorized persons from gaining access to Personal Data Processing systems (physical access control),
ii. the prevention of Personal Data Processing systems from being used without authorization (logical access control),
iii. ensuring that persons entitled to use a Personal Data Processing system gain access only to such Personal Data as they are entitled to accessing in accordance with their access rights, and that, in the course of Data Processing or use and after storage, Personal Data cannot be read, copied, modified or deleted without authorization (data access control),
iv. ensuring that Personal Data cannot be read, copied, modified or deleted without authorization during electronic transmission, transport or storage on storage media, and that the target entities for any transfer of Personal Data by means of data transmission facilities can be established and verified (data transfer control),
v. ensuring the establishment of an audit trail to document whether and by whom Personal Data have been entered into, modified in, or removed from Personal Data Processing systems (entry control),
vi. ensuring that Personal Data is Processed solely in accordance with the Instructions (control of instructions),
vii. ensuring that Personal Data is protected against accidental destruction or loss (availability control).
Upon Data Controller’s request, Data Processor shall provide a current Personal Data protection and security programme relating to the Data Processing hereunder.
Data Processor will facilitate Data Controller’s compliance with the Data Controller’s obligation to implement security measures with respect to Personal Data (including if applicable Data Controller’s obligations pursuant to Articles 32 to 34 (inclusive) of the GDPR), by (i) implementing and maintaining the security measures described under other references to this agreement, (ii) complying with the terms of Section 4.4 (Personal Data Breaches); and (iii) providing the Data Controller with information in relation to the Dara Processing in accordance with Section 5 (Audits).
The TraceAd systems are designed and built with data protection as one of the key considerations. Our data is stored by leading third-party database providers and cannot be accessed by any other person or system.
In addition TraceAd employees who access the data to provide services for clients or for system-development purposes has been suitably briefed on what constitutes the acceptable treatment of data.
Data Processor shall ensure that any personnel whom Data Processor authorizes to process Personal Data on its behalf is subject to confidentiality obligations with respect to that Personal Data. The undertaking to confidentiality shall continue after the termination of the above-entitled activities.
Data Controller shall ensure that any personnel whom Data Controller authorizes to process Personal Data via Data Processors services on its behalf is subject to confidentiality obligations with respect to that Personal Data. The undertaking to confidentiality shall continue after the termination of the above-entitled activities.
Personal Data Breaches
Data Processor will notify the Data Controller as soon as practicable after it becomes aware of any of any Personal Data Breach affecting any Personal Data. At the Data Controller’s request, Data Processor will promptly provide the Data Controller with all reasonable assistance necessary to enable the Data Controller to notify relevant Personal Data Breaches to competent authorities and/or affected Data Subjects, if Data Controller is required to do so under the Data Protection Law.
Data Subject Requests
Data Processor will provide reasonable assistance, including by appropriate technical and organizational measures and taking into account the nature of the Data Processing, to enable Data Controller to respond to any request from Data Subjects seeking to exercise their rights under the Data Protection Law with respect to Personal Data (including access, rectification, restriction, deletion or portability of Personal Data, as applicable), to the extent permitted by the law.
Data Processor shall be entitled to engage Sub-Data-Processors to fulfil Data Processor’s obligations defined in the Agreement. For these purposes, Data Controller consents to the engagement as Sub-Data-Processors of Data Processor’s affiliated companies and third parties. For the avoidance of doubt, the above authorization constitutes Data Controller’s prior written consent to the Sub-Data-Processing by Data Processor for purposes of clauses in the Standard Contractual Clauses and individual booking via the services.
Where Data Processor engages Sub-Data-Processors, Data Processor will enter into a contract with the Sub-Data-Processor that imposes on the Sub-Data-Processor the same obligations that apply to Data-Processor under this DPA. Where the Sub-Data-Processor fails to fulfil its data protection obligations, Data Processor will remain liable to the Data Controller for the performance of such Sub-Data-Processors obligations.
Where Data Controller engages with Sub-Data-Processors via Data Processor, Data Controller will enter into a contract with their chosen Sub-Data-Processor through TraceAd Services that imposes on the Sub-Data-Processor the same obligations that apply to Data Controller under this DPA. Where the Data-Controller fails to fulfil its data protection obligations, Data Controller will remain liable to the Data Processor for the performance of such Sub-Data-Processors obligations.
Data Controller acknowledges and agrees that, in connection with the performance of the services under the Agreement, Personal Data will be transferred to TraceAd Denmark ApS.
TraceAd Denmark ApS may transfer Data to countries other than Denmark.
TraceAd deploy the following safeguards if TraceAd transfers Personal Data originating from the European Union to other countries not deemed adequate under applicable data protection law:
To comply with European Union data protection laws, TraceAd only uses data storage services that are certified under the EU-US Privacy Shield. The Privacy Shield framework were developed to enable companies to comply with data protection requirements when transferring personal data from the European Union to the United States.
The EU-U.S. and Swiss-U.S. Privacy Shield Frameworks
To learn more about the Privacy Shield Program, check the following resources:
The EU-U.S. and Swiss-U.S. Privacy Shield Frameworks were designed by the U.S. Department of Commerce and the European Commission and Swiss Administration to provide companies on both sides of the Atlantic with a mechanism to comply with data protection requirements when transferring personal data from the European Union and Switzerland to the United States in support of transatlantic commerce.
Including the General Data Protection Regulation (GDPR).
Deletion of Personal Data
Deletion During Term for Data Processor Services With Deletion Functionality, if
(a) the functionality of the Data Processor Services includes the option for Advertiser to delete Advertiser Personal Data;
(b) Advertiser uses the Data Processor Services to delete certain Advertiser Personal Data; and
(c) the deleted Advertiser Personal Data cannot be recovered by Advertiser,
then TraceAd will delete such Advertiser Personal Data from its systems as soon as reasonably practicable and within a maximum period of 180 days, unless EU or EU Member State law requires storage.
Deletion during term for Data Processor Services Without Deletion Functionality, if the functionality of the Data Processor Services does not include the option for Advertiser to delete Advertiser Personal Data, then TraceAd will comply with:
(a) any reasonable request from Advertiser to facilitate such deletion, insofar as this is possible taking into account the nature and functionality of the Data Processor Services and unless EU or EU Member State law requires storage; and
TraceAd may charge a fee for any data deletion under this section. TraceAd will provide Advertiser with further details of any applicable fee, and the basis of its calculation, in advance of any such data deletion.
Deletion on Term Expiry
On expiry of the Term, Advertiser instructs TraceAd to delete all Advertiser Personal Data (including existing copies) from TraceAd's systems in accordance with applicable law.
TraceAd will comply with this instruction as soon as reasonably practicable and within a maximum period of 180 days, unless EU or EU Member State law requires storage.
Data Controller may, prior to the commencement of Data Processing, and at regular intervals thereafter, audit the technical and organizational measures taken by Data Processor.
For such purpose, Data Controller may, e.g.,
obtain information from the Data Processor,
request Data Processor to submit to Dara Controller an existing attestation or certificate by an independent professional expert, or
upon reasonable and timely advance agreement, during regular business hours and without interrupting Data Processor’s business operations, conduct an on-site inspection of Dara Processor’s business operations or have the same conducted by a qualified third party which shall not be a competitor of Data Processor.
Data Processor shall, upon Dara Controller’s written request and within a reasonable period of time, provide Data Controller with all information necessary for such audit, to the extent that such information is within Data Processor’s control and Data Processor is not precluded from disclosing it by applicable law, a duty of confidentiality, or any other obligation owed to a third party.
Effect of the Data Processing Agreement and Data Processing Terms.
If there is any conflict or inconsistency between the terms of these Data Processing Terms and the remainder of the Agreement, the terms of these Data Processing Terms will govern. Subject to the amendments in these Data Processing Terms, the DPA Agreement remains in full force and effect.
Change of the Data Processing Agreement and Data Processing Terms.
TraceAd may at any time modify the data processing terms (including URLs referenced in these terms and the content within such URLs) from time to time. TraceAd may make commercially reasonable changes to the Service from time to time. New applications, features or functionality may be offered from time to time as part of the Service and may be contingent upon your agreement to additional terms. If you do not agree to the modified terms for the Service, you should discontinue your use of the Service.
No amendment to or modification of this Agreement will be binding unless: (i) in writing and signed by a duly authorized representative of TraceAd; (ii) you accept the updated terms online; or (iii) you continue to use the Service after TraceAd has posted updates to the Agreement or any policy governing the Service.
Effectiveness is May 25, 2018.
TraceAd will process Personal Data in accordance with the GDPR requirements.
Parties to the TraceAd DPA - Data Protection Agreement.
The TraceAd DPA is an amendment to and forms part of the Agreement.
Upon the incorporation of TraceAd DPA into the Agreement (i) Data Controller and the TraceAd entity that are each a party to the Agreement are also each a party to this DPA.
If TraceAd is not a party to the Agreement, the section of the Agreement entitled ‘Limitation of Liability’ shall apply as between Data Controller and TraceAd, and in such respect any references to ‘TraceAd’, ‘we’, ‘us’ or ‘our’ shall include both TraceAd and the TraceAd Group entity that is a party to the Agreement.
The legal entity agreeing to this DPA as Data Controller represents that it is authorized to agree to and enter into this DPA for, and is agreeing to this DPA solely on behalf of, the Data Controller.
If you have any questions or concerns about our privacy policies, the Data Processing Agreement, GDPR or our treatment of your personal data?
Please write to us by email to firstname.lastname@example.org
or by post to:
TraceAd Denmark ApS
Automatikvej 1, 2860 Søborg, Copenhagen
Denmark - CVR 29392773