Advertiser Participation Terms
These Advertiser Participation Terms (the “Terms”) are incorporated into theagreement you (“Customer”) have entered into with a third party provider of advertising related services such as an advertising agency or platform (“Platform”). Where your agreement with a Platform (the “Platform Agreement”) contains a hypertext link to these Terms, these Terms apply. Yobi Ventures, Inc. (“Yobi”) is providing advertising optimization services in connection with your campaigns with the Platform (the “Services”) under agreements between Yobi and Platform (the “Service Agreement”). The Platform Agreement authorizes Platform to share your data (“Customer Data”) with Yobi as described in your Platform Agreement or the Service Agreement. These Terms contain supplemental provisions required of you as a condition of Yobi providing the Services. By signing the Platform Agreement containing a hypertext link to these Terms you accept these Terms.
1. Customer Responsibilities:
Yobi is relying on the following assurances about the Customer Data in connection with the Platform Agreement, the Services Agreementand these Terms:
a) Customer is responsible for compliance with all applicable laws, rules and regulations, trade or marketing association policies and principles, privacy policies and third-party agreements related to the Customer Data (“Privacy Obligations”).
b) Customer provides its consumers adequate notice and ensures that required consents have been obtained as required by applicable Privacy Obligations. Customer has implemented and maintains a legally compliant means of processing consumer opt outs and provides such consumer opt outs to Platform without undue delay. When such opt out is transmitted to Yobi, we will process such opt out accordingly.
c) Customer has all rights necessary to provide Customer Data for use by Yobi, and Customer Data does not violate or infringe the intellectual property rights or other rights of any third party.
d) Customer publishes, maintains, and complies with a legally compliant consumer-facing privacy policy. To the extent pixels, cookies or similar technology is used onCustomer's web site or other online services in connection with these Terms, Customer will maintain and comply with a legally compliant cookie/pixel policy sufficient to evidence consumer consent to Yobi's uses of data collected through such technologies. To the extent the Services include Yobi’s pixel placement on Customer web sites, Customer agrees to Yobi’s pixel policy found at www.yobi.ai/pixel-policy, and where feasible, will name Yobi AI as a third party partner in Customer privacy policy.
e) The Customer Data does not contain any (i) protected health information (as that term is used in the Health Insurance Portability and Accountability Act of 1996) or similar U.S. state laws, or the Gramm-Leach-Bliley Act of 1999, (ii) cardholder data (as regulated by the Payment Card Industry Security Standards Council), (iii) data regarding any non-US person or data originating from, or transmitted from, any location outside the United States; or (iv) data obtained from persons under the age of 18.
2. Data – Rights and Responsibilities.
a) With respect to Customer Data as transmitted to Yobi, we shall abide by the following restrictions and shall not: (i) disclose the Customer Data, or any part thereof, to any third parties except as necessary to provide the Services or as otherwise directed by Customer or Platform; (ii) market, sell, license, distribute, or transfer the Customer Data to any third party; or (iii) export Customer Data outside of the United States. Yobi may use Customer Data to provide the Services and to develop and improve Yobi’s products and services. Yobi will implement and maintain reasonable and appropriate technical, administrative, and physical security measures designed to protect against unauthorized access to or use of Customer Data.
b) All results of the Services (whether data, algorithms, vector embeddings, models orany other form or format) provided by Yobi hereunder and any derivatives thereof or representations thereof (collectively, the “Results”) are solely owned by Yobi.
3. Disclaimers.
Other than as specifically set forth herein, Yobi makes no warranty, express, implied, or statutory, regarding the Services and Yobi expressly disclaims all other warranties, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, title and non-infringement of third-party rights.
4. General.
If any provision of these Terms is held by a court of competent jurisdiction to be unenforceable the provision shall be modified by the court and interpreted so asbest to accomplish the objectives of the original provision to the fullest extent permitted by law, and the remaining provisions of these Terms shall remain in for ceand effect. These Terms are not intended to create any third party beneficiary rights in the Services Agreement. If there is any conflict between these Terms and other agreements with Platform, these Terms take precedence.