Terms & Conditions

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Last edited on

Sep 8, 2022

These terms of use apply to the use of the Adloox website. They essentially say that you must behave appropriately and responsibly whilst using the Adloox website, and that Adloox owns the intellectual property rights in the Adloox website.  The Adloox privacy policy sets out how we use data relating to you and it forms a part of these terms of use. Our privacy policy can be found on our website here. These terms were last updated on  March 30, 2022.


ABOUT THE WEBSITE AND THESE TERMS OF USE

  1. https://adloox.com (the “Website”) is a website and online service owned and operated by Adloox SAS, a company registered in France (“Adloox”, we”, “us” or “our”).

  2. These terms of use apply to all use of the Website and form a legal agreement between you and Adloox.

  3. By using the Website you are confirming that you understand and accept (and are able to understand and accept) these terms of use, and that you agree to be bound by them.  You must not use the Website if you are under the age of 18.

  4. We may make alterations to these terms of use from time to time. Every time you use the Website, you are deemed to have accepted the latest version of these terms in place at that time. 


RIGHTS OF USE AND INTELLECTUAL PROPERTY RIGHTS

  1. Subject to these terms of use, you may use the Website solely for your personal non-commercial use to:

    1. view pages from our Website in a web browser;

    2. download pages from our Website for caching in a web browser;

    3. print pages from our Website;

    4. stream audio and video files from our Website; and

    5. use our Website services by means of a web browser.

  2. Use of our products and services marketed through our Website may be subject to additional terms and conditions which will be notified to you before you begin using them.

  3. Unless otherwise specified, all copyright, design rights, database rights, patent rights, trade mark and trade dress rights and other intellectual property rights in the Website belong to and vest in us, or are licensed to us.

  4. Unless you own or control the relevant rights in the material, you must not sell, rent or sub-license material from our Website or exploit material from our Website for a commercial purpose. 

  5. Notwithstanding the above, you may redistribute our newsletter to any person provided that you have obtained their consent to do so. 

  6. We reserve the right to restrict access to areas of our Website, or indeed our whole website, at our discretion; you must not circumvent or bypass, or attempt to circumvent or bypass, any access restriction measures on our Website.

  7. All third party trade names and trade marks featured on the Website are the property of their respective owners and we make no warranty or representation in relation to them.


RESTRICTIONS AND OBLIGATIONS

  1. You must comply fully with these terms of use and any applicable laws and regulations when using the Website.

  2. You will not:

    1. hack, modify, reverse engineer or create derivative works of the Website or any part of it; 

    2. use our Website in any way or take any action that causes, or may cause, damage to the Website or impairment of the performance, availability or accessibility of the Website;

    3. use our Website in any way that is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity;

    4. use our Website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software;

    5. conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to our Website without our express written consent;

    6. access or otherwise interact with our Website using any robot, spider or other automated means;

    7. gain unauthorised access to any part of the Website, the server on which our Website is hosted, or the computers, devices, servers or networks connected to our Website by any means; 

    8. remove, modify or obscure any copyright, trade mark or other proprietary notices on the Website;

    9. create software which replicates or mimics the data or functionality in the Website;

    10. use your access to the Website for the sending of direct marketing (including without limitation email marketing, SMS marketing, telemarketing and direct mailing) or otherwise use data collected from our Website to contact individuals, companies or other persons or entities;

    11. make any part of the Website available to a third party who does not agree to these terms of use;

    12. copy or exploit any part of the Website or the content it contains other than as expressly permitted by these terms of use;

    13. use the Website or any part of it unfairly or for any illegal or immoral purpose, including by linking to the Website from a third party (or your own) website or service, which might call into disrepute or undermine the integrity of Adloox or the Website; or

    14. attempt to do any of the acts listed above.

  3. You will cooperate fully with Adloox to investigate any suspected illegal, fraudulent or improper activity, or any breach of these terms and, if you become aware of a breach of these terms then please let Adloox know by sending an email to contact@adloox.com with details of the potential breach.


LIABILITY

  1. Adloox provides and maintains the Website on an “as is” basis and is liable only to provide its services with reasonable skill and care. 

  2. External Sites have not been verified or reviewed by Adloox and all use and access of External Sites is made at your own risk. “External Sites” means third party websites and online services to which the Website links.

  3. Adloox gives no other warranty in connection with the Website or its content or any External Sites. To the maximum extent permitted by law, and subject to clause 6.1, Adloox excludes liability for:

    1. any loss or damage of any kind howsoever arising, including any direct, indirect, special, punitive or consequential loss whether or not that loss arises out of something of which Adloox has been made aware;

    2. the accuracy, currency or validity of information and material contained within the Website;

    3. any interruptions to or delays in updating the Website;

    4. any incorrect or inaccurate information on the Website;

    5. the infringement by any other person of any copyright or other intellectual property rights of any third party through any use of the Website;

    6. the availability, quality, content or nature of External Sites;

    7. any transaction taking place on External Sites;

    8. any amount or kind of loss or damage due to viruses or other malicious software that may infect a user’s computer equipment, software, data or other property caused by any other person accessing, using or downloading the Website or any part of it; and

    9. all representations, warranties, conditions and other terms and conditions which but for this notice would have effect including without limitation any implied warranty of satisfactory quality or fitness for purpose.

  4. Adloox does not warrant or guarantee that:

    1. the operation of the Website will be uninterrupted or error free or that errors on the Website can or will be corrected; 

    2. that the Website is secure or free of viruses or other harmful components; or 

    3. that the Website, including any materials made available through the Website, is accurate, complete or current, and Adloox makes no commitment to update the Website.

  5. Adloox will not be liable in any amount for failure to perform any obligation under these terms of use if that failure is caused by the occurrence of an event beyond its reasonable control.

  6. Except as provided above there are no other warranties, conditions or other terms and conditions, express or implied, statutory or otherwise, and all of those terms and conditions are hereby excluded to the maximum extent permitted by law.

  7. You agree not to use the Website in any way which is:

    1. unlawful;

    2. may give rise to civil or criminal liability for Adloox; or 

    3. which might call Adloox into disrepute.


TERMINATION

Without limiting any other rights we may have, we may update, change, suspend, withdraw or restrict access to our Website at any time and at our sole discretion.

GENERAL

  1. These terms of use are subject to your statutory and common law consumer rights and will not limit any rights you might have that cannot be excluded under applicable law.  These terms of use will not exclude or limit Adloox’s liability for death or personal injury resulting from its negligence nor any fraudulent acts or representations.

  2. These terms of use, including our privacy policy, constitute the entire agreement between you and Adloox relating to your use of the Website, to the exclusion of any other terms.

  3. Failure to enforce any term does not constitute a waiver of that term. Even if we delay in enforcing these terms and/or our rights, we can still enforce these terms and/or our rights later. If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking of any of these terms, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date.

  4. If any part of these terms of use is found to be unenforceable, it will be amended to the minimum extent necessary to make it enforceable and the remainder of the provisions will remain in full force and effect.

  5. The Website is intended for and directed at the United Kingdom. No representation or warranty is made as to whether the Website complies with the laws of any other country.

  6. These terms of use are subject to the laws of France and the parties submit to the exclusive jurisdiction of the French courts.

  7. We will be entitled to assign and otherwise transfer the agreement covered by these terms of use by giving you reasonable notice, which may include notice given via the Website.

  8. All questions, comments or enquiries should be directed to us using the details set out below.


Adloox 

Email: contact@adloox.com

Address: 34 Rue Laffitte, 75009 Paris, France

II. How personal data is used for the Adloox SOLUTION

The Adloox Solution serves both advertisers and online media sellers and buyers by providing independent, third-party verification measurement. 

Adloox’s clients are companies that run online advertising campaigns and are using the Adloox Solution in order to increase protection from ad fraud, non-viewable impressions and non-brand safe content, or to measure the quality of their advertising (for example to better understand how their campaigns have been interacted with or where a certain campaign has featured on a website) ("Clients").

By analyzing information about ad impression delivery and website traffic on behalf of our Clients, Adloox verifies whether the media where an ad was placed has met or failed Client expectations based on certain characteristics. Such characteristics include the brand safety of a webpage, the viewability of the ad placement, the existence of ad fraud, as well as additional contextual variables. 

Measurement is available across both browser and app environments for mobile and desktop devices. Adloox collects this data to increase trust and transparency for its Clients. The data collected can be used by Clients to proactively prevent advertising on undesirable and/or low-quality media, monitor overall quality performance, and make future media planning decisions. Adloox does not combine the collected data with any other data that would enable Adloox to personally identify individuals.

The Adloox Solution provides Adloox clients with reports containing only statistical information relating to such client’s advertising campaign performance. Such statistical information is aggregated, hashed and anonymised following a robust process preventing any and all identification of individuals before being provided to Adloox clients. Adloox therefore only processes personal data in connection with the Adloox Solution (see further below) for the short period of time required to apply such aggregation, hashing and anonymisation techniques.  

Data Collected. In order to provide the Adloox Solution to our Clients, we use JavaScript and other similar technologies that place a small piece of HTML code on a webpage or app to collect information.

The following categories of data (which may contain personal data) are collected when these technologies are deployed via the Adloox Solution:

  • Browser and computer environmental information. This information is necessary to determine the viewability of an advertisement, which includes information such as the ad’s location in the browser viewport, size of the browser viewport, ad size, size of the display, application in focus, the browser tab in focus, and other data.

  • Standard HTTP header information. This includes IP address, referring URL, user agent data (data transmitted by your browser about itself when submitting an HTTP request) and other data including browser configuration parameters, including browser type and language and session storage and local storage settings, and characteristics of your device such as the CPU class and time zone setting.

  • Information contained within an advertisement. This is known as an “ad tag,” that includes information used to identify the advertiser displaying the ad and the media property that sold the impression.

  • Mobile application and mobile device data. Examples include users’ App Identifier).


For the purpose of identifying and preventing online ad impression fraud and invalid traffic and determining if advertisers and publishers are in compliance with their agreements, our Adloox Solutions utilize the following additional technologies (in addition to the data described above):

  • Device identification technology, which analyzes device parameters collected as described above, including IP address and browser header information, to probabilistically identify a particular device.

  • Clickstream data including URLs and other data regarding the websites on which a particular browser has viewed advertising impressions we are analyzing.

  • Clickstream data including mobile application identifier and other data regarding the mobile apps on which a particular user has viewed advertising impressions.

  • Webpage (HTML and JavaScript) structure analysis.

Purpose of Collection and Use. 

We use the data we collect to deliver our Adloox Solution for our Client’s lawful purposes, which may include:

  • Examining impression data of advertising opportunities, using Adloox technology and client profile decisions, to determine if clients’ advertisements should or should not be displayed.

  • Detailing contextual information about advertisements displayed in order to ensure its compliance with terms of our client or partner’s contracts, insertion orders that detail client campaigns, and/or profile decisions that clients make in our systems.

  • Reporting viewability metrics of advertisements that indicate: qualified « Viewed Impressions » according to industry standards and/or clients’ criteria, time in which advertisements are displayed on consumers’ browsers, and properties of creative elements that are displayed on consumers’ browsers.

  • Website and mobile apps visitation characteristics such as visitor quality, fraud identification, invalid traffic detection, and other quality characteristics necessary to determine agreement compliance.

  • Our Adloox Solutions includes the detection and elimination of general invalid and sophisticated invalid traffic, including ad impression fraud, which we define in this policy as the management of ad serving, ad display, or traffic activity such that ad impression measurements are shown inappropriately because the ads cannot be viewed by a user, are not served within operationally viewable parameters or were displayed as a result of fraudulent machine-generated traffic. Our fraud and invalid traffic services are intended to address fraud for advertising measurement purposes.


Additionally, Adloox can use advertising impression information, mobile app information, and website traffic information including IP address and browser header information to:

  • Identify traffic sources by their geographic location and determine if the location is correct and located within the advertiser’s campaign parameters or traffic settings

  • Determine if traffic is being acquired is fraudulent, or if traffic acquisition practices that are out of compliance with an advertiser’s guidelines or contractual requirements.

  • Determine if a middleware is attempting to misrepresent its operating characteristics to prevent the identification of fraud or other invalid traffic.

  • Determine if traffic or ad impressions are originating from a server farm unlikely to be responsible for human-generated browsing activity.


Data Retention

Our clients’ main use of the Adloox Solution is to obtain statistical information relating to the broadcasting of such clients’ advertising campaigns. As such, we aggregate, hash and anonymise any personal data following a robust process preventing any and all identification of web users before storing such data in our servers, and the reporting data sent to clients does not contain any personal data.  

We retain our clients reporting data for up to 13 months subject to our client's instructions.


III. CONSUMER CONTROL AND Mobile device tracking opt-out.

Individual users that opt-out of mobile device tracking limit the personal data that is collected about them and/or how it is used. Individual users may opt-out of interest-based and demographic-based advertising using their mobile device settings. Individual users will need to follow the below instructions for Android and iOS applications.

Opt-out process for Android-based mobile devices:

  • Open the Google Settings app on individual users’ device

  • Select Ads

  • Set the “Opt-out of interest-based ads” slider to individual users’ desired position


Optionally, Individual users may reset the advertising identifier associated with their device

Opt-out process for iOS-based mobile devices:

  • Open Settings

  • Select Privacy

  • Select Advertising

  • Set the “Limit Ad Tracking” slider to Individual users’ desired position


Optionally, Individual users may reset the advertising identifier associated with their device

Please note that opting out through a website will not limit the collection of personal data on mobile devices, and opting out on Individual users’ mobile device will not limit the collection of personal data through Individual users’ computer’s browser. Opting out limits the collection of data but does not eliminate it completely. Some personal data will still be collected about Individual users’ use of websites or mobile applications after Individual users limit tracking on that platform.




Transfer to Third Parties. Like many businesses, we hire other companies to perform certain business-related services. We may disclose the personal data we process in connection with the Website or our other business purposes to certain types of third party companies but only to the extent needed to enable them to provide such services. The types of companies that may receive personal data and their functions are: provision of ‘customer relationship management’ software; IT hosting services; data storage services. All such third parties perform services at our instructions pursuant to contracts which require they provide at least the same level of privacy protection as is required by this Privacy Policy. 

We may also disclose personal data to our affiliates in order to support marketing, sale and delivery of Adloox Solutions. 

Business Transfers. In the event of a merger, dissolution, reorganization or similar corporate event, or the sale of all or substantially all of our assets, we expect that the personal data that we have collected, would be transferred to the surviving entity in a merger or the acquiring entity. All such transfers shall be subject to our commitments with respect to the privacy and confidentiality of such personal data as set forth in this privacy policy. This policy shall be binding upon Adloox and its legal successors in interest.

Disclosure to Public Authorities. We are required to disclose personal data in response to lawful requests by public authorities, including for the purpose of meeting national security or law enforcement requirements. We may also disclose personal data to other third parties when compelled to do so by government authorities or required by law or regulation including, but not limited to, in response to court orders and subpoenas.


V. TRANSFER OF PERSONAL DATA OUTSIDE OF THE EUROPEAN UNION.

Our servers are located in the EU. We do not transfer or store personal data outside of the EU.

Whilst transfers from the UK to the EU are not restricted under applicable data protection laws, we will nevertheless have appropriate safeguards in place to protect your personal data throughout such transfers. If you would like to find out more about the safeguards we use for these purposes, please let us know by writing to privacy@adloox.com


VI. YOUR RIGHTS

You have a number of rights in relation to the way we process personal data about you.  Where an individual makes a request in accordance with provisions of the GDPR, we aim to comply without undue delay, and within one month at the latest.  Those data subject rights include the right to make the following requests:

  • to ask for confirmation and information about the personal data that we process about you, including a copy of data we are processing about you;

  • to have inaccuracies corrected or incomplete personal data made complete;

  • to ask us to restrict, stop processing, or to delete your personal data; 

  • to request a machine readable copy of your personal data, which you can use with another service provider. Where it is technically feasible, you can ask us to send this information directly to another provider if you prefer; and 

  • to not be subject to automated decision-making, including profiling; and

  • to make a complaint to the data protection supervisory authority in your jurisdiction. 


To make a request to exercise any of these rights, please let us know by contacting us at privacy@adloox.com.


VII. SECURITY

Adloox takes the security and confidentiality of the personal data that it collects pursuant to this Privacy Policy very seriously. We implement appropriate security measures to protect personal data from loss, misuse and unauthorized access, disclosure, alteration and destruction, taking into account the risks involved in processing and the nature of such data, and comply with applicable laws and regulations.

Please be aware that, while we make the security of our Adloox Services and your personal information a high priority and devote considerable time and resources to maintain robust IT security, no security system can prevent all security breaches. When you choose to share your personal information with us, you accept the aforesaid and provide your information at your own risk.   


VIII. RETENTION OF PERSONAL DATA

Where we act as data controller of your personal data, we will retain such personal data systems for as long as is necessary for the relevant purpose and to maintain business records for tax, legal and regulatory reasons, or as otherwise described in this privacy policy.

To determine the appropriate retention period for personal data, we consider the amount, nature, and sensitivity of the personal data, the potential risk of harm from unauthorised use or disclosure of your personal data, the purposes for which we process your personal data and whether we can achieve those purposes through other means, and the applicable legal and regulatory requirements. 

In some circumstances we may anonymise your personal data (so that it can no longer be associated with you) in which case we may use this information indefinitely without further notice to you.

Where we act as data processor on behalf of our clients, we will retain your personal data for the length of time specified by our clients as the data controller.  


IX. LINKS TO EXTERNAL WEBSITES

Our Website may contain links to third party websites (“External Sites”). As such, we are not responsible for the privacy policies of those External Sites. You should check the applicable third-party privacy policy and terms of use when visiting any External Sites, and before providing any personal data to such External Sites.


IX. CHANGES TO THIS PRIVACY POLICY

This Privacy Policy is effective as of the date stated at the top of this Privacy Policy. We may change this Privacy Policy from time to time, and will post any changes on our Website as soon as they go into effect and, where appropriate, notify you of such changes by other means. Please refer back to this Privacy Policy on a regular basis.


X. HOW TO CONTACT US 

If you have questions about this Privacy Policy, please contact us

E-mail us at privacy@adloox.com
Or write to us at ADLOOX SAS
34 Rue Laffitte
75009 Paris
Attn: Data Protection Lead