Data Protection Terms for Acast Ad Manager

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 jointly 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 In these Data Protection Terms, unless otherwise expressly stated, the following terms shall have the meaning set out below, to be equally applicable to the singular and plural forms of such terms:

Acast Ad Manager” means the technical solution enabling You to traffic and manage ads and/or sponsorships sold by You.

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 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”), 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 Attribution Tags” means attribution and/or conversion analysis tracking tags or similar tracking technologies provided by third-parties for the purposes of analyzing, measuring and reporting the effectiveness of podcast advertising campaigns.  

Third-Party Tags” means the third-party impression tracking, verification, brand uplift, attribution or any other similar tracking tags or technologies provided by third-parties. For the sake of clarity and avoidance of doubt, Third-Party Tags include Third-Party Attribution Tags. 

2. Acceptable use of Third-Party Tags

2.1 You shall not implement Third-Party Tags in the Acast Ad Manager unless approved in writing by Acast in advance. Upon Acast approval, You shall implement and use such Third-Party Tags in accordance with Acast’s instructions provided from time to time and Applicable Privacy Laws.

2.2 If You use Third-Party Attribution Tags, You hereby 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 2.2. 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 the Advertiser’s website, including by means of cookies and other similar technologies, with personal data collected from other data sources (including personal data collected via Acast-hosted shows) for the purposes of analyzing and attributing 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 collected and information provided to the data subjects fully complies with the requirements of Applicable Privacy Laws.

2.3 Any act or omission on the part of any Advertiser with respect to Section 2.2 hereinabove shall be considered a breach of the Data Protection Terms by You.

3. Indemnification

You will indemnify, defend and hold Acast harmless from and against all third-party actions, damages, claims, liabilities, losses and expenses (including legal expenses) arising out of Your breach of Section 2 or Your failure to comply with Acast’s documented instructions. 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, construed and enforced in accordance with the Applicable Privacy Law.  Any dispute, controversy or claim arising out of or in connection with the Data Protection Terms shall be settled in accordance with the provisions in the Agreement regarding dispute resolution.   

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.