Data Processing Addendum

Data Processing Addendum

This GDPR Data Processing Addendum ("DPA") forms part of the Master Services Agreement or Terms of Use available at or such other location as the Terms of Use may be posted from time to time (as applicable, the "Agreement"), entered into by and between the Customer and LTV Engine, pursuant to which Customer has accessed LTV Engine Services as defined in the applicable Agreement. The purpose of this DPA is to reflect the parties’ agreement with regards to the processing of Customer Data (defined below) in accordance with the requirements of Data Protection Legislation as defined below.

In the course of providing the Application Services to Customer pursuant to the Agreement, LTV Engine may process Customer Data. "Customer Data" means any data which is defined as ‘personal data’ under Data Protection Legislation processed by LTV Engine pursuant to the Agreement. LTV Engine agrees to comply with the following provisions with respect to Customer Data. Any capitalized but undefined terms herein shall have the meaning set forth in the Agreement.

LTV Engine can be used by developers who fall under the GDPR compliance requirements.

In the case of handling the personal data of your end users, LTV Engine is considered a "processor". As such, any personal user information you disclose to us, you as the "controller" of your own data are responsible for disclosing that in your own privacy policy.

For customer data deletion requests, please contact us

Data Processing Terms

In this DPA, "Data Protection Legislation" means, as applicable, the European Directives 95/46/EC and 2002/58/EC (as amended by Directive 2009/136/EC) and any legislation and/or regulation implementing or made pursuant to them, or which amends, replaces, re-enacts or consolidates any of them (including the General Data Protection Regulation (Regulation (EU) 2016/279)), and all other applicable laws relating to processing of personal data and privacy that may exist in any relevant jurisdiction.

"data controller", "data processor", "data subject", "personal data", "processing", and "appropriate technical and organizational measures" shall be interpreted in accordance with applicable Data Protection Legislation;

The parties agree that Customer is the data controller and that LTV Engine is its data processor in relation to Customer Data. Customer shall comply at all times with Data Protection Legislation in respect of all personal data it provided to LTV Engine pursuant to the Agreement.

The subject-matter of the data processing covered by this DPA is the Application Services ordered by Customer either through LTV Engine’s website or through an Ordering Document and provided by LTV Engine to Customer via, or as additionally described in the Agreement or the DPA. The processing will be carried out for the term of the Agreement or until the term of Customer’s ordering of the Application Services ceases. Further details of the data processing are set out in Annex 1 hereto.

In respect of Customer Data, LTV Engine:

shall process the Customer Data only in accordance with the documented instructions from Customer (as set out in this DPA or the Agreement or as otherwise notified by Customer to LTV Engine (from time to time) If LTV Engine is required to process the personal data for any other purpose provided by applicable law to which it is subject, LTv Engine will inform Customer of such requirement prior to the processing unless that law prohibits this on important grounds of public interest;

shall notify Customer without undue delay if, in LTV Engine’s opinion, an instruction for the processing of personal data given by Customer infringes applicable Data Protection Legislation;

shall implement and maintain appropriate technical and organizational measures designed to protect Customer Data against unauthorized or unlawful processing and against accidental loss, destruction, damage, theft, alteration or disclosure. These measures shall be appropriate to the harm which might result from any unauthorized or unlawful processing, accidental loss, destruction, damage or theft of Customer Data and having regard to the nature of Customer Data which is to be protected;

may hire other companies or persons for the purposes of providing the Application Services ("Sub-Processors"), provided that LTV Engine complies with the provisions of this DPA. Any such Sub-Processors will be permitted to process Customer Data only to deliver the Application Services LTV Engine has retained them to provide, and they shall be prohibited from using Customer Data for any other purpose. LTV Engine remains responsible for its Sub-Processors’ compliance with the obligations of this DPA. Any Sub-Processors to whom LTV Engine transfers Customer Data will have entered into written agreements with LTV Engine requiring that the Sub-Processor abide by terms substantially similar to this DPA. If Customer requires prior notification of any updates of additional Sub-Processor to the list of Sub-Processors, Customer can request such notification in writing by emailing LTV Engine will update the Sub-Processor list within thirty (30) days of any such notification if Customer does not legitimately object within that timeframe. Legitimate objections must contain reasonable and documented grounds relating to a Sub-Processor’s non-compliance with applicable Data Protection Legislation. If, in LTV Engine’s reasonable opinion, such objections are legitimate, and LTV Engine is unable to modify the Application Services to prevent disclosure of Customer Data to the Sub-Processor, then Customer may, by providing written notice to LTV Engine, terminate the Agreement.

shall ensure that all LTV Engine personnel required to access the Customer Data are informed of the confidential nature of the personal data and comply with the obligations sets out in this DPA;

at the Customer’s request and cost (and insofar as is possible), shall assist the Customer by implementing appropriate and reasonable technical and organizational measures to assist with the Customer’s obligation to respond to requests from data subjects under Data Protection Legislation (including requests for information relating to the processing, and requests relating to access, rectification, erasure or portability of the personal data) provided that LTV Engine reserves the right to reimbursement from Customer for the reasonable cost of any time, expenditures or fees incurred in connection with such assistance;

take reasonable steps at the Customer’s request and cost to assist Customer in meeting Customer’s obligations under Article 32 to 36 of the General Data Protection Regulation taking into account the nature of the processing under this DPA, provided that LTV Engine reserves the right to reimbursement from Customer for the reasonable cost of any time, expenditures or fees incurred in connection with such assistance;

at the end of the applicable term of the Application Services, upon Customer’s request, shall securely destroy or return to Customer any Customer Data within LTV Engine’s possession or control;

shall allow, no more than once every 12 months and at Customer’s expense, Customer and its respective auditors or authorized agents to conduct audits or inspections during the term of the Agreement, provided that Customer has given LTV Engine at least 30 days prior written notice and such audit or inspection is conducted during reasonable business hours with minimal disruption to LTV Engine. Such audit may be carried out by Customer or an inspection body mutually agreed upon by the parties and composed of independent members in possession of the required professional qualifications and bound by a duty of confidentiality. For the avoidance of doubt no access to any part of LTV Engine’s IT system, data hosting sites or centers, or infrastructure will be permitted as part of an audit or inspection;

If LTV Engine becomes aware of any accidental, unauthorized or unlawful destruction, loss, alteration, or disclosure of, or access to Customer Data (an "Incident") under the Agreement it shall without undue delay notify Customer and provide Customer (as soon as possible) with a description of the Incident as well as periodic updates to information about the Incident, including its impact on Customer Data, unless otherwise prohibited by law or otherwise instructed by a law enforcement or supervisory authority. LTV Engine shall additionally take reasonable steps to mitigate the effects of any Incident;

LTV Engine shall provide information reasonably requested by Customer to demonstrate compliance with the obligations set out in this DPA.

To the extent Customer Data that is subject to the General Data Protection Regulation (Regulation (EU) 2016/279) is transferred outside of the European Economic Area (EEA) to LTV Engine the terms of the Standard Contractual Clauses will apply where the applicable transfer of Customer Data is (a) not subject to the laws of a jurisdiction recognized by the European Commission as providing an adequate level of protection for personal data; and (b) not covered by a suitable framework or other legally adequate transfer mechanism recognized by the relevant authorities or courts as providing an adequate level of protection for personal data.

Annex 1

Details of the Data Processing

1 Subject Matter, Nature, Purpose

LTV Engine shall process Customer Data to provide the Application Services pursuant to and for the purposes set forth in the Agreement.

2 Duration

The duration of processing will be the same as the duration of the provision of Application Services pursuant to the Agreement.

3 Categories of Individuals

LTV Engine shall process information sent by end users of Customer’s web and mobile applications, identified through Customer’s implementation of the Application Services.

4 Types of Personal Data

As an example, in a standard programmatic implementation, to utilize the Application Services, Customer may allow the following Customer Data to be sent by default as "default properties:"

Unique device identifier

Any personally identifiable attribution data attached to the end user by Customer

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