Audiences Data Processing Addendum

Last Updated: December 20, 2024

This DPA is part of the Agreement (Pogo Audiences Order Form). Any definitions not defined in this Audiences Data Processing Addendum take their meaning from the rest of the Agreement.

1. Interpretation

1.1 In this DPA:

“Data Protection Laws” means all applicable laws, rules, regulations, and governmental requirements in the United States relating to the data privacy, protection, or security, as they may be amended or otherwise updated from time to time, such as, as applicable, the CCPA, other U.S. state consumer privacy laws, consumer protection laws, and Section 5 of the Federal Trade Commission Act.

“Personal Information” means any data (i) relating to an identified or identifiable individual (such as name, address, or digital identifiers such as cookie IDs, mobile advertising IDs, or other device IDs) or (ii) that is otherwise “personal information” or “personal data” (or similar term, such as “personally identifiable information”) under Data Protection Laws.

“Process” or “Processing” means any operation or set of operations performed, whether by manual or automated means, on Personal Information or on sets of Personal Information, such as the collection, use, storage, disclosure, analysis, deletion, or modification of Personal Information.

2.  Obligations

2.1 The Parties agree as follows:

(a) Advertiser may use the Pogo Audiences only for the Targeting Purposes;

(b) With respect to Advertiser’s Processing of Pogo Audiences, Advertiser shall comply with, and provide the same level of privacy protection as is required by, Data Protection Laws;

(c) Advertiser shall ensure the implementation of technical and organizational measures that provide an appropriate level of security for the Pogo Audiences;

(d) Pogo has the right to take reasonable and appropriate steps to ensure that the Pogo Audiences are used by Advertiser in a manner consistent with Pogo’s obligations under Data Protection Laws;

(e) Pogo has the right to take reasonable and appropriate steps to stop and remediate Advertiser’s unauthorized use of the Pogo Audiences; and

(f) Advertiser shall promptly notify Pogo if Advertiser determines that Advertiser can no longer meet its obligations under Data Protection Laws.

‍2.2 The Parties agree to negotiate in good faith any amendments to this DPA as may be required in connection with changes in Data Protection Laws or in connection with interpretations of such Data Protection Laws as made available by a relevant governmental authority (e.g., enforcement actions by the California Privacy Protection Agency).

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