2.1. Under this DPA and with respect to Personal Data, Client is Data Controller or Processor and Content Solutions is engaged by Client as Processor or another Processor (Sub-Processor) in respect to Personal Data, as applicable. The terms of this Agreement shall apply to either of the relations between the Parties regarding the Processing of Personal Data mentioned herein.
2.2. Within the scope of this DPA, Client hereby engages Processor to collect, process and/or use Personal Data on Client's behalf.
2.3. Processor will only Process Personal Data on your behalf and in accordance with your instructions. The instructions from the Client to Process Personal Data are the following: (i) Processing shall be carried out in accordance with this DPA, the Service Agreement and pursuant to the features and limitations of the applicable Services which Processor provides to Client; and (ii) Processing shall be carried out in compliance with other reasonable instructions provided by the Client, where such instructions are consistent with the Service Agreement. Content Solutions will be under no obligation to comply with instructions that Content Solutions deems as violating applicable laws. Processing outside the scope of this DPA (if any) will require: (i) prior written agreement between Client and the Content Solutions, and (ii) Client's additional instructions for processing.
2.4. Content Solutions uses the Personal Data solely to provide the Services in accordance with Service Agreement, i.e. in order to perform tracking services / serve End Users with interest–based advertising, as well as to measure the effectiveness of advertising campaigns and provide you with advertising reports. In that context, the Content Solutions – on your demand – may also combine Personal Data from different sources in order to improve Services and integrate Services with external platforms, all of which will be conducted on your behalf. Content Solutions also processes Personal Data on your behalf and to serve your interests for the purposes of fraud prevention, bot detection, rating, analytics, viewability, ad security services. Content Solutions may also process data based on the extracts of Personal Data in aggregated and non-identifiable forms, including for the purposes of testing, development, control and operation of the Services.
2.6. Without derogating from any of the obligations of the Client hereunder, the Client shall not provide Content Solutions with any data a) which by itself identifies an individual, such as name, address, phone number, email address; and b) regarding children, or any special categories of personal data, as defined under Article 9 of the GDPR, except as may otherwise be expressly agreed in writing between the Parties and in accordance with the applicable law. This type of data is not necessary to use the Content Solutions' Services.
2.7. Client is responsible for ensuring their own compliance with various laws and regulations, including the GDPR. To the extent required under the applicable law, you shall provide an appropriate notice to Data Subjects about the Processing of their Personal Data in connection with the use of Services under this DPA and you shall receive and document the Data Subjects' consent thereof to the extent required under the applicable law.
2.8. To the extent required under the applicable law, Client must also use commercially reasonable efforts to ensure that the End User is provided with clear and comprehensive information about cookies or other information on the End User's device in connection with the use of Services by the Client and, if applicable, consents to their storing and accessing. To the extent required under the applicable law, Client shall inform the End User about third party cookies (or other tracking technologies) which may be placed on Client's site(s), specifying the purpose of these cookies (e.g., targeted advertising) and the type of data collected on the Client's site(s). Client shall also inform End Users of options to deactivate Content Solutions' cookies.
2.9. You acknowledge and agree that you retain sole responsibility for the lawfulness of the Processing and warrant to the Content Solutions that you are legally allowed to engage the Content Solutions to process Personal Data on your behalf, have provided all necessary notices and obtained all required consents from the Data Subjects (if apply) for the purposes of the Processing described in this DPA.