In this agreement, the following definitions relate to applicable legal provisions:
“(GDPR)” General Data Protection Regulation, REGULATION (EU) 2016/679 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 27th of April 2016
“ Personal data ” , “ data subject ” , “ controller ” and “ processor ” shall have the same meanings as are assigned to those terms in the GDPR.
Also, in this agreement:
“ Agreement ” has the meaning set forth in the preamble.
“ Campaign ” means any communication sent by e-mail through the use of the Platform to any data subject in the Database.
“ Confidential Information ” means information in any form or medium (whether oral, written, electronic or other) disclosed to the other Party, and means any information that each Party to this Agreement considers confidential or proprietary, including, but not limited to, know-how, trade secrets, technology, records, intellectual property, legal, commercial or tax information, information pertaining to business operations and models, strategies, customers, pricing and marketing, performance, market research and analysis, software and databases, and the terms and existence of this Agreement.
“ Data User ” has the meaning set forth in the preamble; and means the Party which, as a data controller, determines that the Database shall be used, by the Data Processor, for the purposes of direct marketing campaigns, and determines which data contained in the Database shall be processed for that purpose. It shall be a joint controller together with the Data Owner, for these purposes set forth in this Agreement.
“ Data Processor ” has the meaning set forth in the preamble; and means the Party which, as a data processor, processes data contained in the Database on behalf and as instructed by the Data User, and for the Data User’s purposes only, through the technical means it has available on the Platform. It also processes the data within the instructions and limitations set by the Data Owner in a written agreement.
“ Data Protection Authority ” means the relevant national data protection authority competent for the enforcement of the data protection laws related to this Agreement.
“ Data Owner ” means the third-party which owns the Database disclosed to and used by the Data Processor through a written agreement, and which, as a data controller, determines that the Database shall be used for the purposes of direct marketing, which data contained in the Database shall be processed, which third-parties shall have access to the data and for how long the data shall be processed. It shall be a joint controller, for the purposes set forth in this Agreement, together with the Data User.
“ Database ” means the collection of any kind of information, in any forms or structure, which includes personal data, namely e-mail addresses of individual data subjects, and which is owned by third-parties to this Agreement, the Data Owners. It is a set of data that the Data Processor shall process on instructions given both by the Data Owners and the Data User.
“ Effective Date ” has the meaning set forth in the preamble.
“ Intellectual Property Rights ” means any and all registered and unregistered rights granted, applied for or otherwise now or hereafter in existence under or related to any patent, copyright, trademark, trade secret, database protection, sui generis right or other intellectual property rights laws, and all similar or equivalent rights or forms of protection, in any part of the world.
“ Link ” means a hyperlink, which is a reference to data (usually a website selected by the Data User) that the user or viewer of an e-mail can directly follow by clicking, and can be any element or content of the e-mail, such as, but not limited to, text, images or video.
“ Platform ” means the online web application, developed, owned and maintained by the Data Processor, which the Data User can access and use for the purposes of this Agreement. It is accessible through the following URL: https://asx.audienceserv.com/.
“Seeds” has the meaning set forth in the Monitoring Clause.
“ Services ” means all the services that the Data Processor is required to provide hereunder, related to the provision of access and use of the Platform for the purposes of sending direct e-mail marketing campaigns to the data subjects of the Database, which include all the features in the Platform.
“ Targets ” means the set of data subjects, whose data is contained in Databases, which is selected in the Platform, through a selection and combination of possible available criteria, by an active action of the Data User.
“ Unique Click ” means any number of clicks on any Link inside a Campaign e-mail, by a single recipient, made within one hour counted from the first click, which means that if several clicks happen in one single e-mail within one hour since the first click occurred, only one unique click will be considered.
“ Billable Unique Clicks ” means that Unique Clicks will only be billable if they occur within 30 days of the date each Campaign e-mail was sent.
“ User Account ” means the account registered within the Platform by the Data User in which the latter may enter, namely, identification, contact and billing details.
Any Party, third-party, or person referred to in this Agreement shall include its employees, officers and representatives.
1.1. The present Agreement enables the Data User to perform
e-mail marketing campaigns through the access and use of
the Data Processor’s Platform.
1.2. The Platform allows the Data User to select Targets and to
create, manage and send customized Campaigns to those Targets.
2.1. PLATFORM ACCESS AND USE
The Data Processor shall provide the Data User with:
a) Private access to the Platform, upon prior registration
of a User Account by the Data User;
b) The ability to send customizable e-mail marketing
campaigns to the data subjects in the Database
through the Platform.
2.2. E-MAIL CAMPAIGNS
2.2.1. The Data User can configure a Campaign to be sent,
with the options and criteria available in the
Platform. Namely it may be specified the desired
overall budget and the bid value per click to invest
in each Campaign.
2.2.2. Due to the nature of e-mail marketing, the Data
User accepts that the selected overall budget shall
be merely informative and that it shall not limit, in
any case and under any circumstance, the amount
due under the Schedule A (Payment).
2.2.3. The Data User accepts that all Campaigns sent using
the Platform shall include, in each e-mail, a header
and footer with legal, not commercial, information
regarding the respective Data Owner.
3.1. USER ACCOUNT
3.1.1. As a prerequisite for the Data User to use the Platform, a User Account registration is necessary, through the procedures stated on the Platform’s website.
3.1.2. The Data User shall be responsible for keeping the
login access information to the User Account, such
as username and password, safe and confidential,
not disclosing it to any third-party, providing that
information to its employees, officers and
representatives on a need-to-know basis, and
avoiding its unauthorized access and use.
3.2. PAYMENT
3.2.1. The Data User shall pay the Data Processor, in
compensation for the Campaigns sent by e-mail
through the Platform by the Data Processor, in
accordance with the terms set forth in Schedule A
(Payment and Invoicing).
3.2.2. The interest rate or other penalties applicable when
the Customer is late on payments are defined in the Schedule A (Payment and Invoicing).
3.3. POLICIES AND TERMS OF SERVICE
3.3.1. When using the Platform and sending e-mail
Campaigns to the data subjects of the Database, the
Data User shall comply with the Schedule B
(Acceptable Use Policy) attached hereto, as well as
with any policies and terms available in the
Platform.
3.3.2. The terms set forth herein specifically override any
terms stating otherwise within the policies and
terms available in the Platform.
3.3.3. Where this Agreement is silent the policies and
terms in the Platform shall apply.
3.3.4. Notwithstanding the foregoing, the Data User must
opt-in to the policies and terms presented in the
Platform before use, stating it acknowledges its
application.
4.1. TERM
4.1.1. The term of this Agreement commences as of the
Effective Date and, unless terminated pursuant to
any of the Agreement's express provisions, will
continue in effect indefinitely.
4.1.2. The termination of this Agreement shall not
prejudice the due payment for all Unique Clicks
generated in the 30 days following the date of
termination, which shall be invoiced by the Data
Processor to the Data User in the terms of the
Schedule A (Payment and Invoicing).
4.2. INACTIVE USER ACCOUNT
This Agreement terminates automatically after the Data User
ceases to make use of the Platform for at least one year, without
prejudice of other contractual, legal or tax obligations that, by its
nature, should survive termination, such as any pending or due
payment.
4.3. MUTUAL TERMINATION
Both Parties may mutually agree to terminate this Agreement,
without the need to specify a motive, in a written and signed
agreement, without prejudice of other contractual, legal or tax
obligations that, by its nature, should survive termination, such as
any pending or due payment.
4.4. UNILATERAL TERMINATION
Notwithstanding the foregoing, each Party may unilaterally
terminate this Agreement, effective on written previous notice of 15
days to the other Party, without prejudice of other contractual, legal
or tax obligations that, by its nature, should survive termination,
such as any pending or due payment.
4.5. BREACH
4.5.1. Either Party may terminate this Agreement,
effective on written notice to the other Party, if the
latter breaches this Agreement, without prejudice
of the provisions set forth regarding the limitation
and exclusion of liability and regarding force
majeure, and such breach:
i) is incapable of cure, namely for its
seriousness or repeatability;
ii) results of circumstances that makes it
impossible or that seriously harms the
purpose of this agreement;
iii) being capable of cure, remains uncured for 8
days after the non-breaching Party provides
the breaching Party with written notice of
such breach.
4.5.2. The written notice shall
be given within 8 of days after the Party with the
respective right becomes aware of the breach.
4.5.3. Before terminating the Agreement based on breach,
the Party shall notify the breaching Party, and the
breaching Party has 30 days to justify the breach
before full termination.
4.5.4. The Party with the right to terminate the Agreement
must be able to prove the incapability of cure.
5.1. DATA PROTECTION COMPLIANCE
5.1.1 Both Parties shall comply with the laws and regulations
applicable to the personal data processing activities, relevant to the
purposes of the processing, to the Parties’ contractual roles and to
the factual circumstances of the processing.
5.1.2 ASX-Audience Serv is aware of the implementation of the new
General Data Protection Regulation (GDPR), REGULATION (EU)
2016/679 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of
27th of April 2016 on the protection of natural persons with regard to
the processing of personal data and on the free movement of such
data. In view of these changes, it wishes to work with clients who
comply with the Regulation.
5.1.3 The Data User warrants that it is aware of the changes
that the GDPR has implemented and that it acts in accordance with
the legal requirements.
5.1.4 If the Data User is not fully compliant with the legislative
amendment, it declares to ensure that it will follow all procedures so
that on the date stipulated for the application of the new law, 25th
of May of 2018, the Publisher will be compliant.
5.1.5 The Data User declares that it will formally inform
ASX-Audience Serv of any non compliance, and that it will adopt all the
legal requirements to solve the issue.
5.2. INFORMATION PROVISION TO THE DATA SUBJECT
Upon sending each Campaign, the Data Processor shall provide
the data subjects with at least the following information:
a) The identity of the Data Owner and of its
representative, if any;
b) The identity of the Data User and of its
representative, if any;
c) That the reason for receiving direct marketing
campaigns is based on their previously given
consent to that effect (“ opt-in ” ) to the Data
Owner for a specific Database;
d) The existence of the right to object to being
targeted with direct marketing campaigns
(“ opt-out ” ) from the Data User, and how to
exercise that right.
5.3. DATA SUBJECT’S RIGHT TO OBJECT (OPT-OUT)
Upon sending each Campaign, the Data Processor shall provide
the data subjects with an easy procedure for their exercise of the
right to object to being send direct marketing campaigns, usually by
making available, in each e-mail communication sent, an hyperlink
that allows the data subject to opt-out (typically referred to as
“ unsubscribe ” in the e-mails sent), directly through the Data Owner’s
website.
5.4. LAWFULNESS AND PURPOSE LIMITATION
5.4.1. The Data User may use the Database solely for the
purposes of sending direct marketing campaigns,
and shall abstain from using the Database for any
other purpose.
5.4.2. The Data User shall only send Campaigns which are
within the scope of the consent of the data subjects
in the Database.
6.1. The Data User agrees to the Data Processor’s disclosure to
the Data Owner of the identity of the Data User, and of
the contents of any e-mail marketing campaign sent
through the Platform to the Data Owner’s Database.
6.2. For the purposes of assessing compliance with data
protection laws, and other legal requirements, of
monitoring compliance with the terms of this Agreement,
and to monitor abuse regarding the Schedule B
(Acceptable Use Policy), the Data Owner may include, or
may have included, in the Database addresses or contacts
which it controls (“Seeds”), and the Data Processor may
use any method for the analysis of fraud-related traffic
count or clicks.
7.1. DATA PROCESSOR WARRANTIES
7.1.1. The Data Processor warrants the Data User, on
behalf of the Data Owner, that the Database
complies with the applicable laws and regulations
applicable to the purposes of this Agreement,
namely regarding the information provision
obligations upon data collection and obtaining the
relevant consent (“opt-in”) for third-party direct marketing.
7.1.2. The Data Processor warrants the Data User, on
behalf of the Data Owner, that the Data Owner has
performed the relevant notices and obtained the
necessary authorizations from the competent Data
Protection Authority.
7.1.3. The Data Processor shall not warrant the
deliverability of any e-mail sent using the Platform.
7.2. DATA USER WARRANTIES
7.2.1. Regarding the use of the Platform and regarding any
kind of communication sent by the Data User
through the Platform, The Data User warrants the
Data Processor that it shall comply with the
Schedule B (Acceptable Use Policy) attached hereto.
7.2.2. The Data User warrants that it complies with all the
relevant applicable laws and regulations, as well as
with any legal requirement, related to privacy and
data protection.
7.2.3. The Data User warrants the Data Processor that it shall comply with the applicable notification requirements to the Data Processor regarding the exercise by the data subject of any data protection rights, such as the right of access and the right to object.
8.1. DATA PROCESSOR LIABILITY
8.1.1. The Data Processor excludes its liability and, as
such, the Data User shall hold the Data Processor
harmless, related to the Platform, such as, but not
limited to:
a) The unavailability of the Platform, for reasons
of maintenance and support, updating or
correcting errors, or for any other reason;
b) The incomplete, invalid or erroneous
functioning of the Platform, or any other
malfunction of the Platform or of any service
or feature provided therein.
8.1.2. The Data Processor excludes any liability and, as
such, the Data User shall hold the Data Processor
harmless for:
a) Any issue arising of or related to the content of
the Database or the data quality thereof, such
as , but not limited to, invalid or erroneous
data;
b) Any breach of data protection legal
requirements which are of the responsibility of
the Data User, as a data controller, within the
purposes of this Agreement, such as any
provision related to the data protection
principles of the GDPR.
c) Any data breach, such as unauthorized use or
disclosure, related to, or as a consequence of,
the specific use of the Database or the
Platform for the purposes described in this
Agreement.
8.1.3. Because of the nature of the e-mail marketing and
of the functioning of the internet, networks, servers
and routers, the Data Processor excludes all liability
for all delays of delivery, as well as for all
non-deliveries, of any e-mail or Campaign sent
through the Platform.
8.1.4. The Data Processor excludes its liability for its acts
and omissions as well as for the acts of its
employees, officers, representatives and
subcontractors, other than the ones specifically
provided herein, when the facts are a consequence
of simple negligence.
8.1.5. The Data Processor excludes any liability related to
the acts of the recipients of the Campaigns
regarding the e-mailed Campaign contents and Links
provided by the Data User, namely for connecting to
unavailable or invalid websites.
8.2. DATA USER LIABILITY
8.2.1. The Data User shall be liable for the compliance of
the data protection laws and requirements
applicable to the direct marketing campaigns sent
through the Platform.
8.2.2. The Data User shall be liable for the information
provision stated in the Information Provision to the
Data Subject Clause and the Schedule B (Acceptable
Use Policy), and the Data User shall hold the Data
Processor harmless for any damage or breach, legal
or contractual, resulting from the non-provision of
such information.
8.2.3. The Data User shall be liable for the content of the
e-mails sent through the Platform, regarding any
legal requirement or applicable law.
8.2.4. The Data User shall be liable to the data subjects
and the Data Protection Authority, for the content
of the e-mails sent through the Platform, in
particular, for sending communications which are:
a) Outside the scope of the consent given by the
data subjects;
b) Outside the purpose for which the data was
collected.
8.2.5. The Data User shall be liable for breach of
notification responsibilities to the Data Processor,
namely regarding the exercise, related to the
Database and to the communications sent through
the Platform, by any data subject, of the rights of
rectification, erasure, blocking, and the right to
object, and, as such, liable for any fines or
indemnities related to that breach.
8.2.6. The Data User shall be fully liable to the Data
Processor for the breach of the Schedule B
(Acceptable Use Policy), as well as for the
infringement of any other policy or terms available
in the Platform.
8.2.7. The Data User shall be liable for the infringement of
the provisions on compensation, such as for breach
of payment terms or for delays, as well as for any
damages resulting from such breaches or delays.
8.2.8. If the Data Processor is required by any court, or any
legal or administrative authority, such as the
relevant Data Protection Authority, to pay fines or
indemnities related to the Data User’s
non-compliance mentioned in the previous clauses,
the Data Processor shall have the right to obtain full
redress from the Data User.
8.2.9. The Data User is fully liable to the Data Processor
for the access and use, either authorized or not, of
the Platform; the use of the Platform with the Data
User’s User Account shall be deemed as an act or
omission of the Data User, regardless of its
authorized access or use.
8.2.10. The Data User shall be liable for any damage
arising or related to delays in payment to the Data
Processor.
8.2.11. The Data User is fully liable to the Data
Processor, or any other third-party, for the acts of
its employees, officers, representatives and
subcontractors.
9.1. Where the Data User wishes to prevent a specific
Campaign to be sent to certain e-mail addresses the Data
User shall previously inform the Data Processor thereof.
9.2. For the aforementioned purpose, the Data User shall use
the Platform to upload an electronic file containing a list
of e-mail addresses to be suppressed from the list possible
recipients of each specific Campaign (" Suppression List ").
9.3. The Suppression List file can be uploaded by the Data User
using MD5 cryptographic hash function at the time of
creation of each Campaign within the Platform.
9.4. The Data Processor shall not make use of the Suppression
List provided by the Data User, in whole or in part,
directly or indirectly, for purposes other than the ones
specified herein.
9.5. The Data Processor ensures the Data User to have implemented the appropriate technical
and organizational security measures to prevent the
unauthorized access, disclosure or loss of data.
9.6. The Data User warrants and represents the Data Processor
to hold the necessary ownership rights to the contents of
the Suppression List, or to have the appropriate license,
grant, representation or authorization required for the
purposes set forth herein, and the Data User shall provide
the Data Processor, on request of the latter and within 5
working days, with the necessary evidence thereof.
10.1. The provisions within this Agreement or the execution of
thereof shall not constitute, in any case or under any
circumstance, an authorization, transfer, transmission,
assignment or disclosure, of any kind, of Intellectual
Property Rights or any other proprietary rights to the
Database or the Platform.
10.2. The Data Owner is, and will remain, the sole and exclusive
owner of all the rights, title and interest in and to the
Database, including all Intellectual Property Rights
therein.
10.3. The Data Processor is, and will remain, the sole and
exclusive owner of all the rights, title and interest in and
to the Platform, including all Intellectual Property Rights
therein.
10.4. The Data Processor shall be the sole and exclusive owner
of all the data and information generated or collected on
or by the Platform through its access and usage.
11.1. In connection with this Agreement both Parties will, or
may, gain access to Confidential Information of the other
Party, and both Parties shall:
a) not access or use Confidential Information other
than as strictly necessary to perform its
obligations under and in accordance with this
Agreement;
b) not to use any Confidential Information, directly
or indirectly, in any manner to the detriment of
either Party or to obtain any competitive benefit
with respect to either Party; and
c) maintain all Confidential Information in strict
confidence and not disclose or permit access to
Confidential Information other than to its
employees, officers, representatives and
subcontractors, who shall:
a. have access to Confidential Information
on a need-to-know basis;
b. be informed of the confidential nature
of such information; and
c. be bound by written confidentiality and
restricted use obligations at least as
protective of the Confidential
Information.
11.2. Both Parties shall ensure their employees, officers,
representatives and subcontractors comply with the
confidentiality obligations.
11.3. Each Party shall be liable for the noncompliance of the
confidentiality obligations by each of its employees,
officers, representatives and subcontractors.
The Data User concedes the Data Processor the right to reference and refer to its work for, and relationship with, the Data User for marketing and promotional purposes.
13.1. The features of the Platform, its functioning and
availability are regulated by the terms of use and policies
expressed within the Platform. The Data Processor
reserves the right to change the aforementioned at any
time, in the terms set forth in such terms and policies.
13.2. Upon any modification to those terms and policies, the
Data Processor shall notify by e-mail the Data User of such
changes.
13.3. The Data User shall have a period of 30 days to terminate
this Agreement if it does not agree with such changes,
without prejudice of the obligations under this Agreement
that may survive termination. The silence of the Data User
shall be deemed as acceptance of those changes.
13.4. Any modification to the clauses of this Agreement must be
set in a writing signed by both Parties, describing the
changes to be made, the effects of the changes, the
Parties’ acceptance, as well as any other relevant
information.
Except as otherwise expressly set forth in this Agreement, all written notices, requests, consents, claims, demands, waivers and other communications under this Agreement have binding legal effect only if in writing, through registered mail, and addressed to a Party to the addresses stated in the preamble, or other address communicated to the other Party. If not stated as a ‘written notice’ for any given clause, then the notice or notification is effective and binding through e-mail.
15.1. SEVERABILITY If any provisions of the present Agreement are held by a court of competent jurisdiction to be invalid under any applicable rule of law, regulation or statute, they are to that extent to be deemed omitted and the remaining provisions of this Agreement shall remain in full force and effect.
15.2. APPLICABLE LAW
15.2.1. The law applicable to this Agreement, to both
Parties and their obligations, and to any conflict
that may arise between the Parties, shall be the
Portuguese Law, expressly excluding the
applicability of any law of other country, without
prejudice of the following clause.
15.2.2. The Data Processor, as an information society
service provider established in Germany, is fully
subjected to the German Law related to the
provision of services, even if the services concerned
are provided in other European Union country.
15.2.3. Since the Data User is the data controller, based
on the terms of this Agreement and on the Data
User’s factual influence regarding the
purposes and means of processing of the personal
data within the Database, regarding data
protection laws and violations thereof by the
Data User, the applicable national law may be
the one of the establishment of the Data User,
the [DATA USER’S NATIONALITY] law.
15.2.4. Namely, the applicable data protection law
General Data Protection Regulation (GDPR),
REGULATION (EU) 2016/679 OF THE EUROPEAN
PARLIAMENT AND OF THE COUNCIL of 27th of April
2016
15.3. LAWYER FEES AND COURT COSTS
In the event that any action, suit, or other legal or
administrative proceeding is instituted or commenced by either party
hereto against the other party arising out of, or related to, this
Agreement, the prevailing party shall be entitled to recover its actual
attorneys' fees and court costs from the non-prevailing party.
15.4. JURISDICTION
Notwithstanding the foregoing, any legal suit, action or
proceeding arising out of, or related to, this Agreement shall be
instituted exclusively in the Portuguese courts in the jurisdiction of
the city of Porto, with express exclusion of any other, without
prejudice of the possibility of prior amicable settlement.
1. The Data User shall compensate the Data Processor for the
total amount of Billable Unique Clicks generated each
month using the Platform.
2. The Data Processor shall invoice the Data User the amount
due by the Data User for the total Unique Clicks generated
in the previous month.
3. The Data User shall pay the Data Processor within 30 days
of the due date of the invoice sent by the latter.
4. It shall be applicable to any delay of due payments by the
Data User the German commercial interest rate in force
at the time of the delay.
5. The Data User shall pay the Data Processor by wire transfer
to the Data Processor’s bank account indicated in the
invoice.
6. All invoices sent to the Data User by the Data Processor
shall reference due payments in Euros (€) and all payments
due by the Data User shall be made in that same currency,
unless otherwise expressly permitted by the Data
Processor.
7. All the monetary values presented in the Platform do not
include VAT tax.
1. The processing of personal data in the Database shall not
be outside the scope of the purposes set forth in this
Agreement, and the Data User shall comply with the
acceptable use terms set forth in this Schedule.
2. The use of the Database for the purposes described in the
Agreement shall abide and comply, in any case and under
any circumstance, with the applicable national and
international laws and regulations, and it shall not infringe
any right of the Parties, of the data subjects or of any
third-party.
3. Any direct marketing e-mail sent by the Data User
shall/should contain, in a clear and easy to understand
manner:
a. The identification of the Data User, as an
advertiser;
b. The indication of the advertising nature of the
e-mail;
c. What and which are the promotional offerings,
such as discounts, prizes and gifts, the
competitions and other promotional games, as
well as any conditions applicable to these.
4. Any direct marketing e-mail sent by the Data User must not
connect, link or refer the user, recipient of such e-mail, to
websites that do not comply with this Policy.
5. Any direct marketing e-mail sent by the Data User must not
contain anything that may cause harm or damage to the
data subject, to his property or his rights.
6. The Database shall not be used namely when it violates or
infringes laws, regulations or rights, such as those related
to, without limitation, data protection, unfair commercial
practices, advertising, competition, consumer protection,
intellectual property, criminal, constitutional and
fundamental rights.
7. It is strictly forbidden to the User to send any Campaign or
communications to the data subjects in the Database,
through any medium, and in any format, which contain,
promote, associates with, mentions, links or connects to
any illegal, improper or not permitted information, data or
content by this Agreement.
8. Following the mentioned in the previous number, it shall be
considered illegal, improper or not permitted information,
data or content, namely, but without limitation, when the
communication or Campaign contains, promotes, associates
with, mentions, links or connects to:
a. Defamation or libel;
b. Privacy and data protection violation;
c. Infringement of Intellectual Property Rights;
d. Discrimination, of any singular or collective
person, of any kind, namely due to race, political
or philosophical orientation, ethnic, religion,
gender, sexual orientation, or any crime based on
these;
e. Unsolicited communications;
f. Illegal substances or related paraphernalia;
g. Illegal gambling;
h. Pornography or child pornography, or related to
any kind of violation of sexual self-determination
rights;
i. Violence or threat to harm, physical or
psychological;
j. Obscene language;
k. Illegal in the country of the Data User or of the
data subject.
9. Notwithstanding the foregoing, the Data Processor on his
own discretion or on behalf of and as instructed by the Data Owner, shall have the right to reject or cancel any
Campaign or communication of the Data User, or any other third-party, at any time, without need to specify a motive.