Version 1.0 per 10-02-2016
You are now reading the Processor Agreement version 1.0, please make sure to read the latest version here.
Paragraphs 1 through 9 contain provisions governing the processing of data, classified as a Processor Agreement, as referred to article 14 of the Dutch Data Protection Act. This document is a translation from the original in Dutch. Due to the fact that our headquarters is based in the Netherlands, the Dutch Processor Agreement is leading.
- In the context of execution of the Agreement between Advertiser and Daisycon, Daisycon may process and store Transaction data from the Advertiser. Parties agree that, in as much as Daisycon processes data on behalf of Advertiser, Daisycon shall be regarded as the processor and Advertiser as the responsible party within the meaning of the Data Protection Act. Daisycon shall therefore only process data for the purpose of execution of the Agreement with Advertiser and on behalf of Advertiser. The Publisher(s) who have generated or (if set) contributed to the transaction for Advertiser, shall receive standard access to basic, anonymous information about the transaction, such as the Fee to be paid for this.
- Depending on the settings established by Advertiser in its account and the data provided by Advertiser, the publishers who have generated the transaction shall receive insight into more – not traceable to persons – Transaction data. Advertiser is responsible for the data that is provided and the settings in his account with which the data is shared with the Publisher(s).
- Advertiser shall protect his passwords and take full responsibility for his own use, and that of third parties, of his accounts. Advertiser is responsible for all activities that are carried out under his Account. Advertiser agrees, immediately after such use has become known to the Advertiser, to inform Daisycon of unauthorized use of the Advertiser Account or of any other breach of security of which Advertiser is aware. The support staff of Daisycon (of its 100% subsidiaries) may, from time to time, log on to the Service with the Advertiser Password (password is never visible) in order to maintain or improve the service, including helping Advertiser with problems or support.
- Advertiser guarantees full compliance with all applicable legal obligations in relation to the data and in particular personal data, including but not limited to the requirements of the Data Protection Act.
- Advertiser must disclose its use of the services of Daisycon and the way in which it collects, processes and shares data. This can be done by displaying a prominent link to the page about the Daisycon privacy practices (found via this link). Advertiser shall make every reasonable effort to ensure that a Visitor receives clear and comprehensive information about the storage and processing of Affiliate cookies or other information about the Visitor’s device if such activity occurs in connection with the Service and if giving such information and obtaining permission is required by law. A standard text for its privacy statement is available here.
- Advertiser also guarantees to Daisycon i) that these data are not illegal and do not infringe the rights of third parties, (ii) that it has the right to provide the data to Daisycon, and (iii) that it is entitled to appoint Daisycon as processor of the relevant data and to grant Daisycon the right to also appoint (sub) processors.
- Advertiser fully indemnifies Daisycon from all third party claims, including the sub processors, that may arise from and/or are related to the processing of data by Daisycon and/or that arise from a breach of aforementioned guarantees by Advertiser.
- In case of a data leak involving data from Advertiser, Daisycon is obliged to report this to Advertiser within 24 hours.
- Daisycon shall make every reasonable effort to protect its systems and the transfer of data between Advertiser and Daisycon from loss and/or any form of unlawful use. To that end, Daisycon uses appropriate technical and organizational measures, which include taking into consideration the state of the technology. Advertiser declares to have taken note of the measures taken by Daisycon and to have established that those measures guarantee a suitable security level with respect to the data being processed.