COMMERCIAL COMMUNICATIONS & DATA PROTECTION

 

 

On one hand, UBC MEDIA, hereinafter THE AGENCY and on other hand, our PUBLISHERS.

 

Both parties recognize each other's legal capacity which is required for the conclusion of this contract, its virtue, and have sufficient legal justification in order to:

 

 

DECLARE

 

That the AGENCY is an entity dedicated to online marketing and to the provision of advertising services.

 

One of the activities carried by the AGENCY is the intermediation with different databases for the managing advertising campaigns in favor of the ADVERTISERS that request it.

 

That the AGENCY is in a position to provide the services to the ADVERTISERS, for which the AGENCY must carry out contracting with PUBLISHERS in order to be able to provide the service ordered by the ADVERTISER.

 

That the PUBLISHER is interested in collaborating with the AGENCY and is able to run the campaigns that the ADVERTISER entrusts to it.

 

 

By virtue of these interests, both parties agree to sign this contract to provide services in accordance with the following:

 

CLAUSES

 

1.  DEFINITIONS.

Advertiser: Physical or legal person who ask to the AGENCY to do the intermediation with entities holding databases for advertising and commercial prospection objectives.  All this is with the purpose of carrying out the marketing campaign ordered by the ADVERTISER.

 

Publisher: The Owner or person responsible for the pages or websites with available advertising spaces in which the newsletter of the Advertiser will be inserted, or responsible for the databases to which the appropriate advertising will be sent in the process of the marketing campaign.

The Agency that acts on behalf of the Owners of the different databases to which the advertising will be sent or on behalf of the Owners of the aforementioned pages or websites, will also be regarded as the Publisher.

 

Agency: An Entity that in exchange for a certain price will carry out the intermediation between Advertisers and Publishers for the proper development of advertising campaigns.

 

Database / File / List: any organized set of personal data, regardless of the form or modality of its creation, storage, organization and access.

 

Person Responsible for the file or data processing: any natural or legal person of public or private nature, or administrative body which decides on the purpose, content and use of the data processing.

 

 

2.  PURPOSE OF THE CONTRACT.

The purpose of this contract is the execution by the PUBLISHER of various actions that will make the advertising campaign favorable to the ADVERTISER, and consisting of:

• The cession of the use of the advertising spaces contained in their websites, and / or,

• The sending of commercial communications electronically in order to promote the products and / or services of the ADVERTISER. The commercial communications of the ADVERTISER will be sent directly by the PUBLISHER.

• Organization of campaigns to collect data in favor of the ADVERTISER, such as email marketing.

• Any other action designed to meet the needs of the ADVERTISER.

 

Each order shall detail exactly the actions to be carried out by the PUBLISHER, as well as the particular conditions of each of them previously set by the ADVERTISER, including, among others, the applicable segmentation and deadlines for the execution of the campaign.

 

3. NO ACCESS TO PERSONAL DATA.

In the provision of the services defined by the current contract, there must be stated that the AGENCY will have no access to the personal database of the PUBLISHER.

 

4. OBLIGATIONS AND DECLARATIONS OF THE AGENCY.

The AGENCY is obliged to provide the PUBLISHER with sufficient prior notice of the execution of the campaigns covered by this contract, and supply as much information and material as necessary for the proper execution of advertising campaigns, such as images, texts, creatives, or any other elements that might be necessary.

 

THE ADVERTISER shall expressly declare that it assumes the responsibilities derived from the promotional and advertising campaign in compliance with the current contract regarding the lawfulness and legality of the content of the advertising, as well as of the commitments and / or obligations assumed by third parties, consumers and / or clients under this contract.

 

Processing of personal data

For any processing of personal data carried out in connection with this contract the AGENCY and the PUBLISHER will comply with Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016, relating to the protection of natural persons with regard to the processing personal data and on the free movement of such data, and repealing Directive 95/46/EC (general data protection regulation), as well as all additional rules applicable to personal data in France (here- after “GDPR”).

Each party represents and warrants to the other party that it will strictly comply with the GDPR for any processing of personal data carried out in connection with this contract.

 

Confidentiality agreement

If the provision of services involves the processing of personal data of third parties, this personal data must remain confidential and will only be delivered from the PUBLISHER's database directly to the ADVERTISER through Advertising Campaigns.

 

Subcontracting of personal data

As part of the execution of the contract, the AGENCY will have no access to the data received via the Advertising Campaigns. These will be automatically delivered to the ADVERTISER, alone determining the purposes and means of the processing. In this case, the ADVERTISER is responsible for the processing.

 

5. OBLIGATIONS AND DECLARATIONS OF THE PUBLISHER.

5.1. Conditions of sending commercial communications.

 

The recipients of the campaign shall be users registered in the database under the responsibility of the PUBLISHER, who have expressly consented or authorized the receipt of advertising messages.

 

Segmentation which identified parameters of the recipients and terms of the campaign, should have been roughly chosen beforehand by the ADVERTISER and / or the AGENCY.

 

Prior to the sending of any electronic communications, the PUBLISHER, through the management tool, must show a trial copy of the text to the ADVERTISER, so that the latter can validate it. The PUBLISHER undertakes not to send any communication without its prior acceptance by the ADVERTISER.

 

5.2. Declarations and guarantees of the PUBLISHER.

 

The PUBLISHER manifests and declares that it will comply with the following obligations.

 

 Regarding the sending of commercial communications:

 

1. they will send advertising or promotional communications by email only if they have been requested or expressly authorized by the recipients of the same, unless there is a prior contractual relationship, provided that the PUBLISHER has obtained the contact information of the addressee in a lawful manner.

 

1. It offers the recipient the possibility of opposing the processing of their data for promotional purposes through a simple and free procedure, both at the time of data collection and in each of the commercial communications directed to them. This implies compulsory inclusion of an email address or other valid electronic address where this right can be exercised. Sending communications that do not include this information is prohibited.

 

1. The PUBLISHER is obliged to clearly state information about its identity in each of the advertising submissions.

 

Regarding the user's consent:

 

The PUBLISHER states that it has requested the consent of the affected party to send commercial communications through an informed, clear and explicit procedure, guaranteeing that it has employed transparent and understandable collection means for the user, who therefore knows the consequences and scope of the consent given.

 

Regarding the applicable regulations on data protection:

 

The PUBLISHER manifests and declares that it knows and scrupulously respects the existence of the legislation on data protection that derives from Regulation (EU) 2016/679 of the European Parliament and the Council of April 27, 2016, as well as from the regulations developed in the country of reference. In this sense, the PUBLISHER guarantees that it has carried out all the obligations contained in the aforementioned legislation, whether referring to the declarations that the PUBLISHER shall make before the Control Bodies, whether referring to the consent and duty of information to those affected that are part of the files under the responsibility of the PUBLISHER, or to any other obligation that the PUBLISHER must assume to be imposed by any Law, Regulation, or provision of any other nature in terms of data protection.

 

The PUBLISHER guarantees that it will ensure the proper management of the users’ requests, in particular those related to the rights of access, rectification, cancellation, opposition, portability, limitation or withdrawal of consent.

 

For all these reasons, the PUBLISHER expressly declares that it assumes the responsibilities derived from the breach of the obligations that in each case are legally required, both of the aspects previously exposed, as well as of any others that the PUBLISHER must fulfill at any time. In this regard, it undertakes to keep THE AGENCY and the ADVERTISER free from harm and declares that it will assume any responsibility that may be required for such concepts.

 

5.3. Use of advertising space on PUBLISHER websites

 

The PUBLISHER declares and guarantees that its websites comply with the regulations that apply to them, carrying out any obligations that may be imposed on them.

 

The PUBLISHER may not alter or modify the content of the advertising of the ADVERTISER who will provide, through the AGENCY, all the materials necessary for the development of the campaign.

 

The PUBLISHER shall not insert the ADVERTISER's messages on pages or websites that do not comply with current legislation at all times, or that contain illicit activities or content, or that damage property or rights of third parties.

 

 

 6. ACCESS TO THE MANAGEMENT TOOL.

The AGENCY will provide the PUBLISHER with a username and password so that it can access the statistical tool and be able to check the evolution of the campaigns.

 

Said tool will serve, among others, to the following purposes:

• Collection of the campaign’s materials delivered by the ADVERTISER, such as creatives, texts, images or any other elements that might be necessary for the proper performance of the same.

• Consulting the activity reports provided by the ADVERTISER.

 

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 7. NON-EXCLUSIVE RIGHTS OF EXPLOITATION.

Both parties agree that this contract does not constitute any type of exclusivity in favor of THE AGENCY, so the PUBLISHER may work with as many agencies as it deems appropriate at any time.

 

 

8. ECONOMIC CONDITIONS, BILLING AND PAYMENT METHOD.

Once the advertising activities have been carried out, the relevant results reports have been issued by the ADVERTISER, and the invoice issued by the AGENCY to the ADVERTISER has been paid, the PUBLISHER will issue the pertinent invoice that must be paid by the AGENCY in the form and term agreed by the parties in each particular case.

 

In case the ADVERTISER does not pay the costs of the campaign to the AGENCY, the PUBLISHER shall not charge the AGENCY by submitting an invoice mentioned above.

 

The AGENCY is obliged to request from the ADVERTISER the report of results in the first 20 days of each month if it is a long-term activity, or in the maximum period of 20 days from the end of the campaign in case of a punctual action.

 

 

9. CONSENT CLAUSE TO INCLUDE YOUR DATA IN THE FILES OF THE ENTITY.

 

In compliance with the provisions of Regulation (EU) 2016/679 of the European Parliament and the Council of April 27, 2016, we inform you that your personal data collected through this contract will be incorporated into the data processing system of the company UBC Media (the AGENCY) in order to comply with this contract.

 

Whereby, the Company informs you that the data will be kept during the validity of the indicated purpose and / or, as the case may be, during the legally established period.

 

The Company will proceed to treat the data in a lawful, loyal, transparent, adequate, relevant, limited, accurate and updated way, committing itself to adopt all the reasonable measures necessary to delete or rectify any wrong data without delay.

 

 

10. JURISDICTION.

For any question related to the interpretation or application of this contract, the parties can expressly submit and express their own jurisdiction to the jurisdiction of the Courts and Tribunals of the city of Barcelona.

 

 

And in proof of conformity and to a single effect, the parties sign this contract in duplicate, in the place and on the date indicated in the heading,