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Data Processing Agreement

This Data Processing Agreement (“DPA”) governs the Processing by Aniview Ltd. and its Affiliates (“Aniview”) with regards to customer’s (“Customer”) Personal Data.
This DPA forms an integral part of the agreement executed between the parties (“Agreement”) governing the Services provided by Aniview to Customer. Capitalized terms used herein but not defined herein shall have the meanings ascribed to them in the Agreement.

This DPA sets forth the parties’ responsibilities and obligations regarding the Processing of Personal Data (as such terms are defined below) during the course of the engagement between the parties.
WHEREAS, Aniview is a video content and yield management platform that offers video monetization solutions (“Services”); WHEREAS, the Services may require Aniview to Process Personal Data (as such terms are defined below) on the Customer’s behalf subject to the terms and conditions of this DPA; and WHEREAS, the parties desire to supplement the Agreement to achieve compliance with the UK, EU, Swiss, United States and other data protection laws and agree on
the following:

  1. DEFINITIONS

1.1 Adequate Country” is a country that has an adequacy decision from the European Commission.

1.2 CCPA” means the California Consumer Privacy Act of 2018, Cal. Civ. Code §§ 1798.100 et. Seq.

1.3 Controller“, “Processor“, “Data Subject“, “Personal Data“, “Processing” (and “Process“), “Personal Data Breach” and “Special Categories of Personal Data” shall all have the meanings given to them in EU Data Protection Law. The terms “Business”, “Business Purpose”, “Consumer”, “Service Provider”, “Sale” and “Sell” shall have the same meanings as ascribed to them in the CCPA. “Data Subject” shall also mean and refer to a “Consumer”. “Personal Data” shall also mean and refer to “Personal Information,” as such term is defined in the CCPA.

1.4 Consent” means an End User informed and freely given consent, that meets the requirements stipulated under Article 7 of the GDPR or under Purpose 1 of the IAB TCF Policy (as such term is defined below).

1.5 Customer Data” means any and all Personal Data shared or otherwise collected by Aniview’s system while providing its Services, as detailed in ANNEX I.

1.6 Data Protection Law” means applicable privacy and data protection laws and regulations (including, where applicable, EU Data Protection Law, UK Data Protection Laws, Swiss Data Protection Laws, Israeli Law and the CCPA and the Brazilian General Data Protection Law “LGPD”) as may be amended or superseded from time to time.

1.7 EEA” means the European Economic Area.

1.8 End User” means an individual visiting or browsing the Customer’s website, app or any other digital property operated by Customer.

1.9 EU Data Protection Law” means the (i) EU General Data Protection Regulation (Regulation 2016/679) (“GDPR”); (ii) Regulation 2018/1725; (iii) the EU e-Privacy Directive (Directive 2002/58/EC), as amended (e-Privacy Law); (iv) any national data protection laws made under, pursuant to, replacing or succeeding (i) – (iii); and (iv) any legislation replacing or updating any of the foregoing.

1.10 IAB Consent Management Framework” means the IAB tech labs’ technical specification for the GDPR transparency & consent framework.

1.11 IAB TCF Policy” means the IAB Europe Transparency & Consent Framework – Policies Version 2020-11-18.3.2a available at: https://iabeurope.eu/wp-content/uploads/2020/11/TCF_v2-0_Policy_version_2020-11-18-3.2a.docx-1.pdf.

1.12 ID” means (i) a unique identifier stored on an End-User’s device; (ii) a unique identifier generated for a specific End User; (iii) an online identifier associated with a particular device; or (iii) a cookie ID, agent ID, IP address, URL or RTB tag, or any online identifier identifying an End User or a specific device.

1.13 Israeli Law” means Israeli Privacy Protection Law, 5741-1981, the regulations promulgated pursuant thereto, including the Israeli Privacy Protection Regulations (Data Security), 5777-2017 and other related privacy regulations.

1.14 Security Incident” means any accidental or unlawful destruction, loss, alteration, unauthorized disclosure of, or access to Personal Data of the other party. For the avoidance of doubt, any Personal Data Breach of the other party’s Personal Data will comprise a Security Incident.

1.15 Signal” as such term is defined under the IAB TCF Policy.

1.16 Standard Contractual Clauses” mean the standard contractual clauses for the transfer of Personal Data to third countries pursuant to the GDPR and adopted by the European Commission Decision 2021/914 of 4 June 2021 which is attached herein by linked reference: https://eur-ex.europa.eu/legalcontent/EN/TXT/PDF/?uri=CELEX:32021D0914&from=EN.

1.17 Swiss Data Protection Laws” or “FADP” shall mean the Swiss Federal Act on Data Protection of June 19, 1992, SR 235.1, and any other applicable data protection or privacy laws of the Swiss Confederation as amended, revised, consolidated, re-enacted or replaced from time to time, and to the extent applicable to the processing of Personal Data under the Agreement.

1.18 Swiss SCC” shall mean the applicable standard data protection clauses issued, approved or recognized by the Swiss Federal Data Protection and Information Commissioner

1.19 UK Data Protection Laws” shall mean the Data Protection Act 2018 (DPA 2018), as amended, and EU General Data Protection Regulation (EU) 2016/679 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, as incorporated into UK law as the UK GDPR, as amended, and any other applicable UK data protection laws, or regulatory Codes of Conduct or other guidance that may be issued from time to time..

1.20 “UK GDPR” shall mean the GDPR as it forms part of domestic law in the United Kingdom by virtue of section 3 of the European Union (Withdrawal) Act 2018 (including as further amended or modified by the laws of the United Kingdom or a part of the United Kingdom from time to time.

1.21 UK SCC” means the UK ‘International data transfer addendum to the European Commission’s standard contractual clauses for international data transfers’, available at https://ico.org.uk/media/for-organisations/documents/4019539/international-data-transfer-addendum.pdf, as adopted, amended or updated by the UK’s Information Commissioner’s Office, Parliament or Secretary of State.

Any other terms that are not defined herein shall have the meaning provided under the Agreement or applicable Law. A reference to any term or section of CCPA, UK Data Protection Laws or GDPR means the version as amended. Any references to the GDPR in this DPA shall mean the GDPR and/or UK GDPR depending on the applicable Law.

  1. RELATIONSHIP OF THE PARTIES

2.1 The parties acknowledge that in relation to all Customer Data, as between the parties, Customer is the Controller of Customer Data, and that Aniview, in the course of providing the Services is acting as a Processor on behalf of the Customer. For the purpose of the CCPA (and to the extent applicable), Customer is the Business and Aniview is the Service Provider. Customer further acknowledges that Aniview is a “Vendor” as such term is defined under the IAB TCF Policy.

2.2 The purpose, subject matter and duration of the Processing carried out by Aniview on behalf of the Customer, the nature and purpose of the Processing, the type of Personal Data and categories of Data Subjects are described in ANNEX I attached hereto.

  1. REPRESENTATIONS AND WARRANTIES

3.1 The Customer represents and warrants that: (i) its Processing instructions shall comply with applicable Data Protection Law; and (ii) it will comply with Data Protection Law, specifically with regards to the lawful basis principal for Processing Personal Data.

3.2 Customer acknowledges and agrees that the End User does not have a direct relationship with Aniview, however, the Aniview’s Services are dependent and based upon End User’s Consent or any other demonstrated lawful basis, that shall be obtained by Customer and which Aniview relies on, amongst others, in its capacity as a Vendor under the IAB TCF Policy. Customer also acknowledges that it shall be able to demonstrate such Consent at any time and represents that such Consent is existed. In addition, Customer will be able to support transmission of Consent and opt out parameters, as further detailed in Annex VII. Aniview shall not be liable with respect to the obtaining of any required consent or with respect to the Signal provided by the Customer and shall transfer the Signal “as is” and as it was provided to Aniview by the Customer as further reflected in Annex VII. Notwithstanding the above, and solely in the EEA, Aniview requires Consent for Purpose 1 of the IAB TCF Policy (storage access), the Customer shall ensure to call Aniview solely upon receiving Consent for Purpose 1, unless it has a legal exemption to not obtain such consent in accordance with Purpose 1 of the IAB TCF Policy.

3.3 Customer represents and warrants that any ad request will include the applicable Consent parameter and the Signal so that any returned content will be lawfully served. Applicable Consent parameter will be determined by Customer as per the supported consent management Parameters that are detailed in Annex VII, as may be updated from time to time by Aniview or by its advertising partners. Customer acknowledges and agrees that such requests are directly transmitted to the advertiser’s platform, and such advertiser’s platform will respond as per Customer’s request. Therefore, Aniview, as the tech provider, has no control over such parameters or over the Signal and shall not be responsible for any parameter or Signal that was unlawfully or misleadingly sent by Customer, nor liable for any damage or damages resulted by it.

3.4 Aniview represents and warrants that it: (i) shall process Personal Data, as set forth under Article 28(3) of the GDPR, on behalf of the Customer, solely for the purpose of providing the Service, and for the pursuit of a Business Purpose as set forth under the CCPA, all in accordance with Customer’s written instructions including the Agreement and this DPA; (ii) in the event Aniview is required under applicable laws, including Data Protection Law or any union or member state regulation, to Process Personal Data other than as instructed by Customer, it shall inform the Customer of such requirement prior to Processing such Personal Data, unless prohibited under applicable law; and (iii) shall provide reasonable cooperation and assistance to Customer in ensuring compliance with its obligation to carry out data protection impact assessments with respect to the processing of Personal Data and to consult with the supervisory authority (as applicable).

3.5 Aniview shall take reasonable steps to ensure: (i) the reliability of its staff and any other person acting under its supervision who may come into contact with, or otherwise have access to and Process Personal Data; (ii) that persons authorized to process the Personal Data have committed themselves to confidentiality or are under an appropriate statutory obligation of confidentiality; and (iii) that such personnel are aware of their responsibilities under this DPA and any applicable Data Protection Laws.

3.6 If the EU Data Protection Law or the CCPA do not apply to the Customer, then Customer must abide by any other Data Protection Law and data security laws and regulations that are applicable to it, and at a minimum Customer shall: (i) obtain and maintain any and all authorizations, permissions and informed consents, as may be necessary under applicable laws and regulations, in order to allow the Processor to lawfully collect, handle, retain, process and use the processed data within the scope of the Services; (ii) substantiate the legal basis and legitimize, pursuant to applicable law, any and all Personal Data or personally identifiable information transferred through the Services; (iii) have, properly publish and abide by an appropriate privacy policy that complies with all applicable Data Protection Law.

  1. RIGHTS OF DATA SUBJECTS AND THE PARTIES’ COOPERATION OBLIGATIONS

4.1 It is agreed that where Aniview receives a request from a Data Subject or an applicable authority in respect of Personal Data Processed by Aniview, where relevant, it will direct the Data Subject or the applicable authority to the Customer in order to allow the Customer to respond directly to the Data Subject’s or the applicable authority’s request, unless otherwise required under applicable laws. Both parties shall provide each other with commercially reasonable cooperation and assistance in relation to the handling of a Data Subject’s or applicable authority’s request, to the extent permitted under Data Protection Law.

4.2 Where applicable, Aniview shall assist the Customer in ensuring that Personal Data Processed is accurate and up to date, by informing the Customer without delay if it becomes aware of the fact that the Personal Data it is Processing is inaccurate or has become outdated.

  1. DO NOT SELL PERSONAL INFORMATION

5.1 It is hereby agreed that any sharing of Personal Information between the parties is made solely in order to fulfill a Business Purpose and Aniview does not receive or process any Personal Information as consideration for the Services. Notwithstanding the above, the process of sharing the Personal Information by the Company with advertisers may be considered a Sale under the CCPA. The Customer is therefore solely liable for its compliance with the CCPA with respect to its use of the Services. It is the Customer’s sole responsibility and liability to determine whether the sharing or transferring of Personal Information of Consumers during the course of the Services constitutes a Sale of Personal Information and it is also the Customer’s responsibility to comply with the applicable CCPA requirements in this regard, including providing a “Do Not Sell” signal for end users who have exercised their right to opt out, where applicable.

  1. SUB-PROCESSOR

6.1 The Customer acknowledges that Aniview may transfer Personal Data to and otherwise interact with third party data processors (“Sub-Processor”). The Customer hereby, authorizes Aniview to engage and appoint such Sub-Processors to Process Personal Data, as well as permits each Sub-Processor to appoint a SubProcessor on its behalf. Aniview may continue to use those Sub-Processors already engaged by it, as listed in ANNEX III, and subject to the provision of a 30-day prior notice to the Customer, Aniview may engage an additional or replace an existing Sub-Processor to process Personal Data. In case the Customer has not objected to the adding or replacing of a Sub-Processor in the allotted time period, such SubProcessor shall be considered as approved by the Customer. In the event the Customer objects, it may, under Aniview’s sole discretion, suggest the engagement of a different Sub-Processor for the same course of services, or otherwise terminate the Agreement.

6.2 Aniview shall, where it engages any Sub-Processor, impose, through a legally binding contract between Aniview and the Sub-Processor, data protection obligations no less onerous than those set out in this DPA on the Sub-Processor (“Contract”). Aniview shall ensure that the Contract will require the Sub-Processor to provide sufficient guarantees to implement appropriate technical and organizational measures in such a manner that the processing will meet the requirements of Data Protection Law.

6.3 Aniview shall remain fully responsible to the Customer for the performance of the Sub-Processor’s obligations in accordance with the Agreement. Aniview shall notify the Customer of any failure by the Sub-Processor to fulfil its contractual obligations.

  1. TECHNICAL AND ORGANIZATIONAL MEASURES

7.1 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, and without prejudice to any other security standards agreed upon by the parties, Aniview shall implement appropriate physical, technical and organizational measures to protect the Customer Data as required under Data Protection Laws to ensure lawful processing of Customer Data and safeguard Customer Data from unauthorized, unlawful or accidental processing, access, disclosure, loss, alteration or destruction. The parties acknowledge that security requirements are constantly changing and that effective security requires the frequent evaluation and regular improvement of outdated security measures.

7.2 The security measures are further detailed in ANNEX II.  The Customer was able to convince itself of these measures and considers them appropriate.

  1. SECURITY INCIDENT

8.1 Aniview shall notify the Customer upon becoming aware of any confirmed Security Incident involving the Customer’s Data in Aniview’s possession or control, as determined by Aniview in its sole discretion. Aniview shall, in connection with any Security Incident affecting the Customer Data: (i) take such steps as necessary to contain, remediate, minimize any effects of and investigate any Security Incident and to identify its cause; (ii) co-operate with the Customer and provide the Customer with such assistance and information as it may reasonably require in connection with the containment, investigation, remediation or mitigation of the Security Incident; (iii) notify the Customer in writing of any request, inspection, audit or investigation by a supervisory authority or other authority; (iv) keep the Customer informed of all material developments in connection with the Security Incident and execute a response plan to address the Security Incident; and (v) cooperate with the Customer and assist Customer with the Customer’s obligation to notify affected individuals in the case of a Security Incident.

8.2 Aniview’s notification regarding or response to a Security Incident under this Section 8 shall not be construed as an acknowledgment by Aniview of any fault or liability with respect to the Security Incident.

  1. AUDIT RIGHTS

9.1 Aniview shall respond promptly and adequately with respect to any inquiries from the Customer regarding the Processing of Personal Data in accordance with this DPA. Aniview shall make available to the Customer all information necessary to demonstrate compliance with the obligations under the EU Data Protection Law.

  • 2 Aniview shall make available, solely upon prior written notice and no more than once per year (except for in the case of a Security Incident), information necessary to reasonably demonstrate compliance with this DPA to a reputable auditor nominated by the Customer, and shall allow for audits, including inspections, by such reputable auditor solely in relation to the Processing of the Customer Data (“Audit”) in accordance with the terms and conditions hereunder. The Audit shall be subject to the terms of this DPA and standard confidentiality obligations (including towards third parties). Aniview may object to an auditor appointed by the Customer in the event Aniview reasonably believes that the auditor is not suitably qualified or independent, is a competitor of Aniview or otherwise unsuitable (“Objection Notice”). The Customer will appoint a different auditor or conduct the Audit itself upon its receipt of an Objection Notice from Aniview. If the Customer commissions an auditor to carry out an inspection (including an on-site inspection), the Customer shall oblige this auditor in writing to maintain secrecy and confidentiality, unless the auditor is subject to a professional obligation of secrecy. At the request of Aniview, the Customer shall submit the corresponding agreements with the auditor to Aniview without delay.

Customer shall bear all expenses related to the Audit and shall (and ensure that each of its auditors shall) over the course of such Audit, avoid causing any damage, injury or disruption to Aniview’s premises, equipment, personnel and business. Any and all conclusions of such Audit shall be confidential and reported back to Aniview immediately.

Any on-site inspection requires a written advance notice of 30 days, as a general rule, and is limited to ordinary business hours and has to be undertaken in a way so it minimizes any impact of Aniview‘s business operations. Any routine on-site inspections are limited to a maximum of one time per calendar year (except for in the case of a Security Incident).

  1. DATA TRANSFER

10.1 Transfers from the EEA, the UK or Switzerland to non-adequate third countries. Where the GDPR, UK GDPR or the Swiss FADP is applicable, if the Processing of Personal Data by Aniview (or by a Sub-Processor) includes transfer of Personal Data (either directly or through an onward transfer) to a third country outside the EEA, the UK and Switzerland that is not an Adequate Country, such transfer shall only occur if an appropriate safeguard approved by the applicable Data Protection Law (the GDPR (Article 46), UK GDPR (Article 46) or Swiss FADP (as applicable)) for the lawful transfer of Personal Data under is in place.

10.2 If Aniview or its Sub-processor relies on the Standard Contractual Clauses to facilitate a transfer to a third country that is not an Adequate Country, then:

10.2.1 transfer of Personal Data from the EEA the terms set forth in Annex IV shall apply.

10.2.2 transfer of Personal Data from the UK, the terms set forth in Annex V shall apply; and

10.2.3 transfer of Personal Data from Switzerland, the terms set forth in Annex VI shall apply.

  1. CONFLICT

In the event of a conflict between the terms and conditions of this DPA and the Agreement, this DPA shall prevail. For the avoidance of doubt, in the event Standard Contractual Clauses have been executed between the parties, the terms of the Standard Contractual Clauses shall prevail over those of this DPA. Except as set forth herein, all of the terms and conditions of the Agreement shall remain in full force and effect.

  1. TERM AND TERMINATION

12.1 This DPA shall be effective as of the Effective Date and shall remain in force until the Agreement terminates. The Customer shall be entitled to suspend the Processing of its Customer’s Data in the event that Aniview is in breach of Data Protection Laws, the terms of this DPA all in accordance with a binding decision of a competent court or the competent supervisory authority.

12.2 Aniview shall be entitled to terminate this DPA or terminate the Processing of Customer Data in the event that Processing of Personal Data under the Customer’s instructions or this DPA infringe applicable legal requirements. Such termination shall be subject to informing the Customer and the Customer insists on compliance with the instructions.

12.3 Following the termination of this DPA, Aniview shall, at the choice of the Customer, delete all Customer’s Personal Data processed on behalf of the Customer and certify to the Customer that it has done so, or otherwise, return all Customer’s Data to the Customer and delete existing copies unless applicable law or regulatory requirements requires that Aniview continue to store the Customer’s Personal Data. Until the Personal Data is deleted or returned, Aniview shall continue to ensure may compliance with this DPA.

ANNEX I DETAILS OF PROCESSING

This Annex I include certain details of the Processing of the Customer Data as required by Article 28(3) GDPR.

Categories of Data Subjects:

End Users / Data Subject that viewed targeted and personalized ads or content provided by third party advertisers (displayed by the through the Aniview Services) which are placed on the Customer’s inventory

Categories of Personal Data:

IDs

Special Categories of Personal Data:

Not Applicable

Process Frequency:

The Personal Data is transferred on a continuous basis.

Nature of the processing:

Transmission and optimization Purpose(s) of Processing:

Processing carried out in connection with the provision of the Services.

Retention Period:

For as long as needed to provide the Service, comply with applicable laws or otherwise requested by the Controller. For avoidance of doubt the IDs are used in real time and are not stored or kept by Aniview. The logs tracing the event is stored between 7 to 30 days for fraud prevention purposes.

ANNEX II TECHNICAL AND ORGANISATIONSL MEASURES

Description of the technical and organizational measures implemented by the data importer(s) (including any relevant certifications) to ensure an appropriate level of security, taking into account the nature, scope, context and purpose of the processing, and the risks for the rights and freedoms of natural persons:

The security objectives of the Company are identified and managed to maintain a high level of security and consists of the following (concerning all data assets and systems):

  • Availability

    – information and associated assets should be accessible to authorized users when required. The computer network must be resilient. The Company must detect and respond rapidly to incidents (such as viruses and other malware) that threaten the continued availability of assets, systems, and information.

  • Confidentiality

    – ensuring that information is only accessible to those authorized to access it, on a need-to-know-basis.

  • Integrity

    – safeguarding the accuracy and completeness of information and processing methods and therefore requires preventing deliberate or accidental, partial or complete, destruction, or unauthorized modification, of electronic data.

System Access Control

Company’s database is accessible only by the Company’s management and solely from within the Company’s office. The personal data processed and stored by Company is stored in Amazon servers and access granted through personal user authentication. Access to systems is restricted and is based on procedures to ensure appropriate approvals are provided solely to the extent required. In addition, remote access and wireless computing capabilities are restricted and require that both user and system safeguards, including VPN protection or similar security level. The systems are also protected and solely authorized employees may access the systems by using a designated password and user name protections.

Physical Access Control

The Company secures any and all physical access to its offices. The Company secures access to its offices and ensures that solely authorized persons have access such as employees. Company works with world known third party’s datacenter detailed in Annex III, as its main storage processor, therefore if you need more information Company recommends that you review such third party’s security policy. The transfer of personal data is secured and encrypted. Further, the Company has entered in to applicable and binding data processing agreements with its vendors and customers.

Data Access Control

All access to a database, system or storage is solely with authorization hierarchy and password protection. Further, the access to the personal data is restricted to solely the employees that “need to know” and is protected by passwords and user names. The Company audits any and all access to the database and any authorized access is immediately reported and handled. Each access is logged and monitored, and any unauthorized access is automatically reported. Company revokes access immediately upon termination of employment. Authorized individuals (including third party vendors and customers) can solely access personal data that is established in their individual profiles, or the ones intentionally open for them.

Organizational and Operational Security

The Company educates its employees and service providers, and raises awareness, risk and assessment with regard to any processing of personal data. Internal security testing is done on a regular basis. Company’s IT team ensures security of all hardware and software, by installing anti-malware software including firewalls on computers to protect against malicious use and malicious software as well as virus detection on endpoints, etc. It is the responsibility of the individuals across the Company to comply with these practices and standards.

Transfer Control

The purpose of transfer control is to ensure that personal data cannot be read, copied, modified or removed by unauthorized parties during the electronic transmission of these data or during their transport or storage in the applicable data center. Further, any and all transfers of the data (either between the servers, from client side to server side and between Company’s designated partners) is secured.

Availability Control

The Company’s servers include an automated backup procedure. Company has ensured all systems are protected by industry best standards of security systems and measures, as well as encryption of the personal data prior to its transfer. Our legal team has ensured our legal documentation is updated to reflect any changes and to include the mandatory provisions required by the GDPR.

Data Retention

Personal data and raw data are all deleted as soon as possible or legally applicable.

Penetration Testing

External penetration test is performed on an annual basis. The penetration tests include, among others, procedures to prevent customers, groups of individuals, or other entities from accessing confidential information other than their own. The penetration tests and security scans are performed by a reputable Third-party vendor. In addition, The Company conducts vulnerability scans designed to identify potential vulnerabilities or misconfigurations on a periodic basis and after any significant change in the environment. Actions are taken to remediate identified deficiencies on a timely basis. Vulnerability scans is performed using external tools, in order to detect potential security breaches

Job Control

Employees, customers, vendors and applicable processors are all signed on binding agreements all of which include applicable data provisions and data security obligations. Employees are bound to comply with this Security Policy in addition to internal security policies and procedures and breaking or not complying with such shall result in disciplinary actions. To ensure the employees stay educated and up to date with applicable policies and legislation the Company holds annual compliance training which include data security education.

Transfers to the US:

Measures and assurances regarding US government surveillance (“Additional Safeguards”) are further detailed in Annex II, as well as:

Aniview agrees and hereby represents it maintains, and will continue to maintain, the following additional safeguards in connection with any Personal Data transferred under this Annex IV:

  1. a) Aniview maintains industry standard measures to protect the Personal Data from interception (including in transit from Customer to Aniview and between different systems and services). This includes maintaining encryption of Personal Data in transit and at rest.
  2. b) Aniview will make reasonable efforts to resist, subject to applicable laws, any request for bulk surveillance relating to the Personal Data protected under the GDPR or the UK GDPR, including (if applicable) under section 702 of the United States Foreign Intelligence Surveillance Court (“FISA”).
  3. c) If Aniview becomes aware of any law enforcement agency or other governmental authority (“Authority”) attempt or demand to gain access to or a copy of the Personal Data (or part thereof), whether on a voluntary or a mandatory basis, then, unless legally prohibited or under a mandatory legal compulsion that requires otherwise, Aniview shall: inform the relevant Authority that Aniview is a Processor of the Personal Data and that Customer, as the Controller has not authorized Aniview to disclose the Personal Data to the Authority; inform the relevant Authority that any and all requests or demands for access to the Personal Data should be directed to or served upon Customer in writing; and use reasonable legal mechanisms to challenge any such demand for access to Personal Data which is under the Aniview’s control.
  4. d) Notwithstanding the above, if, taking into account the nature, scope, context and purposes of the related Authority’s intended access to Personal Data, Aniview has a reasonable and good-faith belief that urgent access is necessary to prevent an imminent risk of serious harm to any individual or entity, these subsections shall not apply. In such event, Aniview shall notify Customer, as soon as possible, following the access by the Authority, and provide Customer with relevant details, unless and to the extent legally prohibited to do so.

Aniview will inform Customer, upon written request (and not more than once a year), of the types of binding legal demands for Personal Data Aniview has received and complied with, including demands under national security orders and directives, specifically including any process under Section 702 of FISA.

Annex III

SUB-PROCESSORS OF ANIVIEW (INCLUDING INTERNATIONAL DATA TRANSFERS IF APPLICABLE) Aniview ensures an appropriate level of technical and organizational security measures at the Sub-Processors involved in order to process personal data within an appropriate and secure framework (Adequacy of the Sub-Processor).

If Sub-Processors are involved in the processing of personal data (e.g. hosting, provision of data-center space, cloud services, operating software etc.), the implementation of technical and organizational measures by the respective Sub Processor will be ensured by corresponding data processing agreements, if necessary

The following Sub-Processors / Subcontractors are involved by Aniview:

ANNEX IV

EU INTERNATIONAL TRANSFERS AND SCC

  1. The parties agree that the terms of the Standard Contractual Clauses are hereby incorporated by reference and shall apply to transfer of Personal Data from the EEA to other countries that are not deemed as Adequate Countries.
  2. Module Two (Controller to Processor) of the Standard Contractual Clauses shall apply where the transfer is effectuated by Customer as the data controller of the Personal Data and Aniview is the data processor of the Personal Data.
  3. The Parties agree that for the purpose of transfer of Personal Data between Customer (as Data Exporter) and the Aniview (as Data Importer), the following shall apply:
  4. a) Clause 7 of the Standard Contractual Clauses shall not be applicable.
  5. b) In Clause 9, option 2 (general written authorization) shall apply and the method for appointing and time period for prior notice of Sub-processor changes shall be as set forth in the Sub-Processing Section of the DPA.
  6. c) In Clause 11, the optional language will not apply, and data subjects shall not be able to lodge a complaint with an independent dispute resolution body.
  7. d) In Clause 17, option 1 shall apply. The parties agree that the Standard Contractual Clauses shall be governed by the laws of the EU Member State in which the Customer is established (where applicable).
  8. e) In Clause 18(b) the parties choose the courts of the Republic of Ireland, as their choice of forum and jurisdiction.
  9. Annex I.A of the Standard Contractual Clauses shall be completed as follows:

1.a.1. “Data Exporter“: Customer

1.a.2. “Data Importer“: Aniview

1.a.3. Roles: (A) With respect to Module Two: (i) Data Exporter is a data controller and (ii) the Data Importer is a data processor.

1.a.4. Data Exporter and Data Importer Contact details: As detailed in the Agreement.

1.a.5. Signature and Date: By entering into the Agreement and DPA, Data Exporter and Data Importer are deemed to have signed these Standard Contractual Clauses incorporated herein, including their Annexes, as of the Effective Date of the Agreement.

  1. Annex I.B of the Standard Contractual Clauses shall be completed as follows:
  2. b) The purpose of the processing, nature of the processing, categories of data subjects, categories of personal data and the parties’ intention with respect to the transfer of special categories are as described in Annex I (Details of Processing) of this DPA.
  3. c) The frequency of the transfer and the retention period of the personal data is as described in Annex I (Details of Processing) of this DPA.
  4. d) The sub-processor which personal data is transferred are listed in Annex III.
  5. Annex I.C of the Standard Contractual Clauses shall be completed as follows: the competent supervisory authority in accordance with Clause 13 is the supervisory authority in the Member State stipulated in Section 3 above.
  6. Annex II of this DPA (Technical and Organizational Measures) serves as Annex II of the Standard Contractual Clauses.
  7. Annex III of this DPA (List of Sub-processors) serves as Annex III of the Standard Contractual Clauses.

 

The following Sub-Processors / Subcontractors are involved by Aniview:

SUB-PROCESSORS APPLICABLE FOR ALL COUNTRIES / CUSTOMERS:
Sub-processor (Company Name, Address) Service Type Location of data center / processingAddress
Amazon Web ServicesCloud Provider / InfrastructureUS-East 1 – N. VirginiaAmazon Web Services, Inc., 410 Terry Avenue North, Seattle, WA 98109-5210, ATTN
GCPCloud Provider /
Infrastructure
US/Europe1600 Amphitheatre Parkway Mountain View, CA 94043
AkamaiCDN ProviderWW3715 Northside Parkway, N.W.
Bldg. 200, Suite 300
Atlanta, GA 30327
StackPathCDN ProviderWW1950 N Stemmons Fwy Suite 1001 Dallas, TX 75207 United States
Site 24×7Monitor & SIEMUS4141 Hacienda Drive,
Pleasanton, CA 94588, USA
Google WorkspaceEmail, Users and Productivity ToolsWW1600 Amphitheatre Parkway Mountain View, CA 94043
SpotInstCloud OpsUSShalom Meir Tower, Tel Aviv-Yafo, 6525101
HUMAN SecurityFraud DetectionWW111 West 33rd Street, 11th Floor, New York, NY 10001

ANNEX V

UK INTERNATIONAL TRANSFERS AND SCC

  1. The parties agree that the terms of the Standard Contractual Clauses as amended by theUK Standard Contractual Clauses, and as amended in this Annex V, are hereby incorporated by reference and shall apply to transfer of Personal Data from the UK to other countries that are not deemed as Adequate Countries.
  2. This Annex V is intended to provide appropriate safeguards for the purposes of transfers of Personal Data to a third country in reliance on Article 46 of the UK GDPR and with respect to data transfers from controllers to processors or from the processor to its sub-processors.
  3. Terms used in this Annex V that are defined in the Standard Contractual Clauses, shall have the same meaning as in the Standard Contractual Clauses.
  4. This Annex V shall (i) be read and interpreted in the light of the provisions of UK Data Protection Laws, and so that if fulfils the intention for it to provide the appropriate safeguards as required by Article 46 of the UK GDPR, and (ii) not be interpreted in a way that conflicts with rights and obligations provided for in UK Data Protection Laws.
  5. Amendments to the UK Standard Contractual Clauses:

5.1. Part 1: Tables

5.1.1. Table 1 Parties: shall be completed as set forth in Section 4 within Annex IV above.

5.1.2. Table 2 Selected SCCs, Modules and Selected Clauses: shall be completed as set forth in Section 2 and 3 within Annex IV above.

5.1.3.Table 3 Appendix Information:

Annex 1A: List of Parties: shall be completed as set forth in Section 2 within Annex IV above.

Annex 1B: Description of Transfer: shall be completed as set forth in Annex I above.

Annex II: Technical and organisational measures including technical and organisational measures to ensure the security of the data: shall be completed as set forth in Annex II above.

Annex III: List of Sub processors: shall be completed as set forth in Annex III above.

5.1.4.Table 4 Ending this Addendum when the Approved Addendum Changes: shall be completed as “neither party”.

ANNEX VII

Consent Management Parameters

CaseAction
CMP IAB Framework parameters availableCustomer will pass the GDPR and CONSENT parameters to Aniview’s player based on the Aniview’s technical documentation available at Aniview’s Knowledge page, and Aniview will pass the parameters and Signal accordingly to the advertisers “as is”.
CMP IAB Framework parameters are not availableCustomer will initiate the call to Aniview’s player without any special parameters, and Aniview will make a call to its advertisers without passing any special parameters. In this case some advertisers will treat the ad Request as “consent granted” and process the request by serving personalized or contextual ads, while others will not process the request.

A provision for reimbursement of costs can be added in your favor, which could read as follows:

“Where Aniview is obliged by this Agreement to provide services beyond the scope of the Agreement (“Additional Services”), these services shall be remunerated separately according to time and material expended. This is particularly the case for the activities set out in Sect. 4.2, 8.2 and 9 (except of services needed due to a breach within Aniview’s responsibility).

Subject to the Agreement between the parties, the remuneration for Additional Services of Aniview’s employees is based on an hourly flat rate of EUR  …  plus statutory value added tax. “

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