Data Protection Terms for Acast Ad Manager

Updated February 28, 2024

The Acast Ad Manager, as defined below, is made available to you by Acast AB (publ), a company registered in Stockholm, Sweden (“Acast”).  

If you accept the Data Protection Terms for Acast Ad Manager on behalf of a company or other legal entity, you represent and warrant that you have the authority to bind such entity. If you do not have such authority, or if you do not agree with the Data Protection Terms for Acast Ad Manager, you may not access the Acast Ad Manager. You warrant and represent that You are not a person restricted from using or receiving or accessing the Acast Ad Manager under the applicable laws of any country including the country in which you are resident or from which you use the Acast Ad Manager.

These Data Protection Terms for Acast Ad Manager (the “Data Protection Terms”) constitute a legally binding agreement between you and Acast or between the company or legal entity on which behalf you are accepting the Data Protection Terms and Acast, as applicable (together, “You” or “Your”) and contains the terms and conditions upon which Acast permits You to implement and use third-party impression tracking, verification, brand uplift, attribution or any other similar tracking tags or technologies in the Acast Ad Manager. Acast and You shall collectively be referred to as the “Parties” or each as a “Party”. 

By clicking the checkbox stating that You accept these Data Protection Terms, You agree to be bound by and comply with the Data Protection Terms (and any amendments thereto that Acast may publish from time to time).

1. Definitions

1.1 The terms used in these Data Protection Terms shall have the meanings set forth below, to be equally applicable to the singular and plural forms of such terms. Capitalized terms used but otherwise not defined herein shall have the meaning given to them in the Agreement.

“Acast Ad Manager” means as a technical solution provided to enable You to sell, traffic and manage certain advertising products in a Publication’s inventory.

“Agreement” means the agreement entered between You and Acast whereby Acast agrees to make available to You a version of the Acast Ad Manager. 

“Applicable Privacy Laws” means the General Data Protection Regulation (Regulation (EU) 2016/679) (the “GDPR”), the UK General Data Protection Regulation 2018/679 as implemented by the Data Protection Act 2018 (“UK GDPR”), any national implementation of the European Union Directive 2002/58/EC (as modified by Directive 2009/136/EC – “ePrivacy Directive”), the California Consumer Privacy Act of 2018 (Cal. Civ. Code §§ 1798.100 to 1798.199) (“CCPA”), the California Privacy Rights Act (the “CPRA”), the Virginia Consumer Data Protection Act (the “VCDPA”), the Colorado Privacy Act (the “CPA”), the Connecticut Data Protection Act (the “CTDPA”), the Utah Consumer Privacy Act (the “UCPA”) and any similar or equivalent laws, regulations or rules applicable to each Party and relating to the processing of personal data as amended, replaced and/or supplemented from time to time, together with  any enforceable guidance and codes of practice issued by any competent authority responsible for administering such data protection legislation.

“Third-Party Tags” means third-party rich media tags or other ad serving or tracking tags and similar technologies (including 1x1 pixels, clear gifs and tracking URLs and/or impression tracking, verification, brand uplift, attribution or any other similar tracking tags). For the sake of clarity and avoidance of doubt, Third-Party Tags include Third-Party Attribution Tags, as defined further below. 

2. Acceptable use of Third-Party Tags

2.1 You shall only use or provide Third-Party Tags in the Acast Ad Manager from a list of Acast-approved vendors (for each geographical market), available here (the "Approved Vendors"), which may be updated from time to time at Acast's sole discretion. You shall implement and use such Third-Party Tags in accordance with Acast's instructions provided from time to time and Applicable Privacy Laws. You are solely responsible for any approved Third-Party Tags You request to run in Acast's properties and for entering into appropriate data protection terms with the Approved Vendor, as may be required under Applicable Privacy Laws. Acast shall have no responsibility for any Third-Party Tags used by You in the Acast Ad Manager.

2.2 You shall not use or provide any Third-Party Tags in the Acast Ad Manager if your podcast content is directed to (i) children under the age of 13; or (ii) individuals who qualify as a child under the law applicable to the child.

2.3 In the event that You use Third-Party Tags to measure and analyse attribution and conversion tracking (the "Third-Party Attribution Tags"), the following terms shall apply:

2.3.1 For podcast to website attribution: You undertake to enter into a written agreement with the advertiser, sponsor and/or advertising partner (as applicable) (together, the “Advertiser”) which shall include equivalent provisions as those set out in this Section 2.3.1. In addition, You shall ensure that the Advertiser’s use of Third-Party Attribution Tags fully complies with the Applicable Privacy Laws. In this respect, You acknowledge and agree that:

(a) You shall be solely responsible for ensuring that the Advertiser has collected data subject consent for combining and matching personal data collected from different sources for the purposes of analyzing and measuring the effectiveness of the Advertiser’s podcast advertising campaign;  

(b) You shall be solely responsible for ensuring that the Advertiser has informed data subjects (as defined in Applicable Privacy Laws) of such processing activities; and 

(c) You shall ensure that consent obtained and information provided to the data subjects fully complies with the requirements of Applicable Privacy Laws.

Any act or omission on the part of any Advertiser with respect to Section 2.3.1 shall be considered a breach of the Data Protection Terms by You.

2.3.2 For podcast to podcast attribution: You agree that (a) You shall be solely responsible for collecting data subject consent for combining or matching personal data collected from different sources for the purposes of analyzing and attributing the effectiveness of Your podcast advertising campaign; (b) You shall inform data subjects (as defined in Applicable Privacy Laws) of such processing activities; and (c) You shall ensure that consent obtained and information provided to the data subjects shall comply with the requirements of Applicable Privacy Laws.

3. Indemnification

You will indemnify, defend and hold harmless Acast and Acast’s respective affiliates and each of its respective directors, officers, shareholders, employees, and agents from and against all third-party actions, damages, claims, liabilities, losses and expenses (including legal expenses) arising out of (i) Your breach of Section 2; or (ii) Your use of Third-Party Tags in the Acast Ad Manager. Acast will promptly inform You upon receipt of any such claim.

4. Governing law and disputes

Any claim relating to the Data Protection Terms shall be governed by and construed in accordance with the laws of Sweden, without reference to its conflict of law principles.  Any dispute, controversy or claim arising out of or in connection with the Data Protection Terms, or the breach, termination or invalidity thereof, shall be finally settled by the Courts of Stockholm, Sweden. The language to be used in any proceedings shall be English.

5. Changes to the Data Protection Terms

Acast may revise the Data Protection Terms from time to time in its sole discretion. When there is a new version of the Data Protection Terms, You will receive notice hereof in the Acast Ad Manager and be prompted to approve the new version of the Data Protection Terms. If You do not approve the new version of the Data Protection Terms, You may not continue to use the Acast Ad Manager. 

6. Miscellaneous

In the event of conflict or inconsistency between the terms and conditions contained herein and the terms and conditions of the Agreement, the terms and conditions contained in the Data Protection Terms shall prevail.