Kwanzoo GDPR Privacy Addendum
This Kwanzoo GDPR Privacy Addendum (this “Addendum”) supplements the Kwanzoo Privacy Policy dated 3rd December 2024.
Kwanzoo and You (as a Kwanzoo customer who uses the Software, or as an Advertiser who uses Kwanzoo’s services on Kwanzoo.com and serves ads through ads.kwanzoo.com, or a User who views or clicks through online display ads served through ads.kwanzoo.com) hereby agree to the following:
The parties agree that this Addendum supplements the obligations related to the processing of Personal Data of data subjects in the European Economic Area and Switzerland. The parties agree that solely for the processing of Personal Data of data subjects in the European Economic Area and Switzerland, this Addendum supplements the Kwanzoo Privacy Policy and where there is a conflict between this Addendum and the
Kwanzoo Privacy Policy, this Addendum controls.
1. Personal Data. The parties agree that Your Data and Your Content may include (a combination of) Personal Data elements such as (a) online behavioral information, (b) IP addresses, (c) interest data, and (d) unique IDs, all which may be collected from web browsers, mobile devices, data providers, or by other means. Kwanzoo will not derive, or attempt to derive, directly or indirectly, the identity of an individual from any of Your Data, and will promptly notify You when we discover we have done so. With respect to Personal Data that may be included in Your Content that we maintain with your consent, we agree to ensure that such Personal Data is accurate and up-to-date (including with respect to opt-out or suppression information), and we agree to only provide the relevant amount of Personal Data necessary to fulfill the Purpose(s).
2. Data Controller Responsibilities. Kwanzoo along with our third-party data partners will each act as data “Controller” (as defined by the applicable Rules) with regard to our respective use and processing of Personal Data in advance of the Purpose(s) within or as part of Your Data or Your Content for the Purpose(s).
3. Compliance with Rules. Kwanzoo will comply with Rules applicable to Kwanzoo in its role of providing You the Services. You will comply with Rules that apply to Your use of the Services, including the collection, use, and sharing of Your Content with Kwanzoo.
Kwanzoo agrees to operate in good faith to amend the Kwanzoo Privacy Policy as may be necessary to comply with changes to the Rules. If there is a change in the Rules in any jurisdiction, then Kwanzoo may restrict Your use of the Services, or may decline to receive, or restrict use of Your Content, in such jurisdiction, without liability to You or any third party.
4. Notice of Non-compliance. Kwanzoo will promptly notify our third-party data partners, and You (as an Advertiser), if they or You cannot comply, or we have reason to believe that they or You cannot comply, with: (a) Your obligations under the Kwanzoo Privacy Policy; (b) the Rules; or (c) Your obligations as a data controller of Personal Data.
You agree to promptly notify Kwanzoo if You become aware of any circumstances or changes in the Rules that may prevent You from fulfilling Your obligations under the Kwanzoo Privacy Policy or the Rules. You must promptly take steps to remedy any non-compliance with the Kwanzoo Privacy Policy or the Rules. Kwanzoo may exercise its termination and suspension rights under the Kwanzoo Privacy Policy upon notice of any non-compliance with the Kwanzoo Privacy Policy or the Rules.
5. Consent, Privacy Disclosures, Opt-Out, and Rights of Individuals. You will provide notices and obtain consents or ensure notices have been provided and consents have been obtained (and renewed, including opt-in consents) as required by the Rules before making Your Data and Your Content available to Kwanzoo. Such notices and consents must sufficiently inform data subjects of the Purpose(s) for which Personal Data included in Your Data and Your Content is being collected, used and shared with Kwanzoo under the Kwanzoo Privacy Policy. If You intend to rely on a legal basis other than consent to collect Your Content, You agree to notify and consult with Kwanzoo before providing Your Data and Your Content to Kwanzoo.
You (as a Kwanzoo customer or an Advertiser) agree to maintain an easily-accessible privacy policy that is conspicuously linked-to on the home page, other relevant pages of Your websites, and within Your mobile applications. Your privacy policy must contain the word “Privacy” (or equivalent in the applicable jurisdiction) in the title and hyperlinks. Your privacy policy must be easy to understand and provide sufficient details describing (a) the Personal Data You collect and share, (b) the circumstances in which You collected and shared it, (c) the purpose(s) for which it is collected and shared (including the Purpose(s) permitted under the Kwanzoo Privacy Policy, (d) the data recipients by name and type of organization, and (e) any additional information required under the Rules.
You agree to maintain appropriate policies and practices to enable individuals to opt-out of the use of their data by You and, Your privacy policy will at a minimum reference the following opt-out mechanisms:
a. for U.S.-based individuals, include a link to the DAA opt-out program (currently available at http://www.aboutads.info/choices/) or the NAI opt-out program (currently available at http://www.optout.networkadvertising.org);
b. for EU/EEA-based individuals, include a link to the EDAA opt-out program (currently available at http://www.youronlinechoices.eu/);
c. for individuals based in any other global region, if You determine (a) or (b) above are not appropriate to comply with opt-out requirements under the Rules, You must either: i. provide a link to the applicable Kwanzoo privacy policy or a Your own privacy policy supplement, which includes additional links to opt-out tools for individuals, or ii. include a link to an opt-out program or opt-out mechanism compliant with the Rules and, as necessary, ensure that any opt-outs exercised through such mechanism are passed on to Kwanzoo in a format that is easily processed by Kwanzoo;
d. for information You obtain from or through interactions with mobile devices, You must also provide the disclosures and notices and obtain the consents required by the Rules for mobile devices and include a link to the AppChoices program for opting-out (currently available at http://www.aboutads.info/appchoices).
You will provide individuals with the rights and means to receive a copy of, amend, delete or erase, restrict the use of, or obtain an exportable copy of their Personal Data. If You receive a request to exercise such a right, You will promptly notify Kwanzoo of the request and provide Kwanzoo with instructions and assistance necessary for Kwanzoo to comply with such request. As necessary or upon Kwanzoo’s request, You will make changes to Your Data and Your Content so that it does not include any prohibited or incorrect Personal Data.
6. Adherence to Privacy Standards. You will not use the Services to: (i) make decisions related to (a) an individual's eligibility for employment, (b) health care, or (c) credit or insurance; (ii) to make decisions solely by automatic means where the decision (y) has a significant effect on an individual person in any way that does or may discriminate against any person or (z) promotes bigotry, racism or harm; (iii) provide to Kwanzoo any data that falls under the sensitive or special data definitions in the Rules; or (iv) provide to Kwanzoo any data collected from sites directed to children under the age of sixteen (16) or from children whose age You know to be under sixteen (16). Kwanzoo may decline to receive or remove any of Your Data or Your Content at any time if in violation of this section.
7. Kwanzoo Privacy Policy. Kwanzoo will post and maintain a privacy policy that discloses its practices with respect to the collection and use of information in connection with website de-anonymization, offsite real-time intent leads, data enrichment, interest-based advertising, ad delivery and reporting, and related data use practices. The Kwanzoo privacy policy is located at Kwanzoo Privacy Policyand is subject to change at Kwanzoo’s discretion. Kwanzoo Data may contain data (including Personal Data) provided by third-party suppliers. Before Kwanzoo receives or collects such third-party data, Kwanzoo requires third-party data suppliers to provide the necessary notices and either: (a) obtain consents from individuals to enable Kwanzoo’s processing; or (b) provide Kwanzoo with a documented legal basis for Kwanzoo’s processing of Personal Data. Kwanzoo will, as required by the Rules or otherwise at its discretion (but without having an obligation to collect additional information to identify an individual solely for complying with this provision), provide an individual with access to, or the ability to correct, modify or delete, any information about or connected to an individual, computer or device (including Segments or source information).
8. Transfers of Personal Data. Kwanzoo may store or transfer Your Data and Your Content on a global basis as
necessary for the Purpose(s). Kwanzoo and its affiliates may perform certain aspects of the Services (e.g., administration, maintenance, support, disaster recovery, data processing, etc.) from locations and through subcontractors, worldwide. Data transfers are made subject to the terms of the EU Standard Contractual Clauses for Controllers (“Clauses”) if: (a) You (or your Advertiser partners) share, use or process Personal Data under the Kwanzoo Privacy Policy; and (b) such data transfer is: (i) subject to any restrictions or requirements under Directive 95/46/EC or Regulation (EU) 2016/679 repealing Directive 95/46/EC (General Data Protection Regulation) and; (ii) made to countries, jurisdictions or recipients outside the EEA or Switzerland not recognized by the European Commission as ensuring an adequate level of protection pursuant to Directive 95/46/EC or General Data Protection Regulation. You (as Advertiser) and Kwanzoo agree that incorporation of the Clauses into the Kwanzoo Privacy Policy acts as a legally binding execution of the Clauses, as entered into between Kwanzoo (acting in its own name and in the name and on behalf of Kwanzoo affiliates) and You (as a Licensee of the Software, or as an Advertiser, acting in Your own name and in the name and on behalf of Your affiliates).
9. Data Security. Each party will document, deploy, and maintain appropriate safeguards designed to protect the security, confidentiality, and integrity of Your Data, Kwanzoo’s Third Party Partner Data and Your Content within its control. If either party becomes aware of or determines that Your Data, Kwanzoo’s Third Party Partner Data or Your Content received from the other party has been misappropriated, accidentally or unlawfully destroyed, lost, altered, disclosed, or accessed in a way that compromises the security, confidentiality or integrity of such information (“Security Breach”), such party will notify the other within twenty four (24) hours (or sooner if required by applicable Rules). The parties agree to provide each other with information that a party may be required to disclose to a supervisory authority or affected data subject in accordance with the Rules.
10. Definitions. For this Addendum to the Kwanzoo Privacy Policy, the following definitions will apply:
“Your Data” has the meaning given to it in Kwanzoo’s Privacy Policy. If it is not defined in the Kwanzoo Privacy Policy, then “Your Data” means first party website visitor data, first party advertiser data, third party data purchased by the Licensee or Advertiser and shared with Kwanzoo, consumer data collected by the Advertiser’s third party data partners and shared with Kwanzoo, and derivatives thereof, licensed or made available to Kwanzoo by You, by or on behalf of You pursuant to the Kwanzoo Privacy Policy. Your Data includes, but is not limited to, data analytics, Segments, identity persistence mechanisms and audience data.
“Personal Data” has the meaning given to it in the Kwanzoo Privacy Policy. If it is not defined in the Kwanzoo Privacy Policy, then “Personal Data” means information defined as personally identifiable, personal information, or personal data by the applicable Rules.
“Purpose” means the authorized uses described in the Kwanzoo Privacy Policy for which Kwanzoo may process Your Data and Your Content and for which Kwanzoo may process first and third party data or personal data, provided by You, or provided by Users under your privacy notices.
“Rules” means all applicable (i) privacy, electronic communications, and data protections laws, rules and regulations, including Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation); (ii) regulatory guidelines, as well as any applicable self-regulatory guidelines, including, without limitation, each of the Self-Regulatory Principles of the Digital Advertising Alliance (“DAA”) (currently available at http://www.aboutads.info/principles), the Code of Conduct of the Network Advertising Initiative (“NAI”) (currently available at http://www.networkadvertising.org/code-enforcement/code) and the NAI Mobile Application Code (currently available at http://www.networkadvertising.org/mobile/NAI_Mobile_Application_Code.pdf), the Data & Marketing Association’s Guidelines for Ethical Business Practice (“DMA”) (currently available at https://thedma.org/wp-content/uploads/DMA-Guidelines-for-Ethical-Best-Practice.pdf), and the Principles of the European Interactive Digital Alliance (“EDAA”) (currently available at http://www.edaa.eu/european-principles/), as each may change. “Services” has the meaning given to it in the Kwanzoo Privacy Policy. If it is not defined in the Kwanzoo Privacy Policy, “Services” means the Kwanzoo services purchased by You under the Kwanzoo Privacy Policy.
“Your Content” has the meaning given to it in the Kwanzoo Privacy Policy. If it is not defined in the Kwanzoo Privacy Policy, “Your Content” means all text, files, images, graphics, illustrations, information, data (including Personal Data), audio, video, photographs, and other content and material, in any format, provided by You or on Your behalf to Kwanzoo pursuant to the Kwanzoo Privacy Policy and Your order.
11. DPF Definition and the DPF Dispute Resolution Method
With respect to personal information for which we act as a “processor” for our customers within the meaning of European data protection law, Kwanzoo complies with the EU-U.S. Data Privacy Framework (“EU-U.S. DPF”), the UK Extension to the EU-U.S. DPF, and the Swiss-U.S. Data Privacy Framework (“Swiss-U.S. DPF”) (collectively, the “DPF”) as set forth by the U.S. Department of Commerce and the Federal Trade Commission (“FTC”). Kwanzoo adheres to the EU-U.S. Data Privacy Framework Principles (“EU-U.S. DPF Principles”) with regard to the processing of such “personal information” (as defined in the DPF) received from the European Economic Area (“EEA”) in reliance on the EU-U.S. DPF and from the United Kingdom (and Gibraltar) in reliance on the UK Extension to the EU-U.S. DPF. Kwanzoo adheres to the Swiss-U.S. Data Privacy Framework Principles (“Swiss-U.S. DPF Principles”) with regard to the processing of such personal information received from Switzerland in reliance on the Swiss-U.S. DPF. We are subject to the investigatory powers of the FTC with respect to our DPF compliance. If there is any conflict between the terms in this Privacy Policy and the EU-U.S. DPF Principles and/or the Swiss-U.S. DPF Principles (together, the “DPF Principles”) with respect to such information, the DPF Principles shall govern. To learn more about the DPF program please visit https://www.dataprivacyframework.gov/. Kwanzoo and its customers and partners may also protect international transfers of personal information through other legally valid methods, including international data transfer agreements.
If you are an EEA, UK, or Swiss citizen, you may be able to exercise certain choices under the DPF regarding how some of your personal information is used and disclosed, and may access, correct or delete certain personal information, by following the instructions in the “Your Privacy Rights” section of the Kwanzoo Privacy Policy. However, since we act as our customer’s processor for all of the information covered by our DPF certification, it typically would be faster for you to contact a Kwanzoo customer directly.
When we receive personal information under the DPF and then transfer it to a third-party service provider acting as our agent on our behalf, we may have certain responsibility under the DPF if both (a) the agent processes the information in a manner inconsistent with the DPF and (b) we are responsible for the event giving rise to the damage. The process for raising DPF-related complaints is set forth below.
DPF Dispute Resolution Method
If you have any concern or complaint about our handling of personal information received under the DPF Principles, please contact us as set forth above, as we would like to do our best to resolve the situation. If we cannot do so, Kwanzoo commits to refer unresolved complaints concerning our handling of personal information received in reliance on the DPF to an alternative dispute resolution provider (such as the the ANA DPF Dispute Resolution) based in the United States. If you do not receive timely acknowledgment of your DPF-related complaint from us, or if we have not addressed your DPF-related complaint to your satisfaction, we will facilitate a process to file a complaint and seek resolution at no cost to you.
In the event DPF-related complaints to Kwanzoo and the alternative dispute resolution provider do not result in a satisfactory resolution, you may seek to resolve the complaint through binding arbitration, as described in Annex I of the DPF, available here: https://www.dataprivacyframework.gov/s/article/ANNEX-I-introduction-dpf?tabset-35584=2.
The Effective Date of this GDPR Addendum is 3rd December 2024.
