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Last Update: November 24, 2020
Quantcast Choice Basic Services
The basic services for Quantcast Choice enable operators of digital properties to display a user interface to consumers, including selectively by geographic information inferred from a consumer’s Internet Protocol address to (i) provide information to consumers about how their Personal Information is processed in accordance with the IAB Europe Transparency and Consent Framework; (ii) allow consumers to consent, refuse or withdraw consent and/or object to the processing of their Personal Information in accordance with the IAB Europe Transparency and Consent Framework; and (iii) allow consumers to opt out of the sale of their Personal Information in accordance with the IAB CCPA Compliance Framework. The Quantcast Choice Basic Services further enable operators of digital properties to store users’ privacy preferences and transmit stored privacy preferences in accordance with the IAB Europe Transparency and Consent Framework or IAB CCPA Compliance Framework, as applicable.
Quantcast Choice Additional Services
Quantcast has developed Permisio ID, a product that allows users to store consent preferences across Customer’s digital properties (“Permisio”) by integrating Permisio with Quantcast’s consent management platform known as Quantcast Choice (“Solution”). References to Additional Product or Services in the Quantcast Choice Terms of Service shall be construed as including Permisio. Customer has agreed to use Permisio based on Quantcast’s instructions and the following terms (“Permisio Terms”). In connection therewith, for good and valuable consideration, Quantcast and Customer hereby agree as follows:
1. License. Subject to these terms and conditions and compliance with the Quantcast Choice Terms of Service, Quantcast grants to Customer a limited, royalty-free, non-exclusive, non-transferable, revocable license to implement and use Permisio as instructed by Quantcast (the “License”). Customer agrees not to use Permisio for any other purpose; doing so will constitute a material breach and will cause the License to terminate automatically. Quantcast may enable Permisio across all of Customer’s digital properties where the Solution is used implemented. If Customer does not wish to enable Permisio on its digital properties, Customer must either submit a written request to have Permisio removed from the Solution on its digital properties to firstname.lastname@example.org or file a help ticket using the help button accessible in Customer’s Quantcast Choice user portal. Quantcast will use commercially reasonable efforts to process such request to remove Permisio without undue delay.
2. Restrictions. Customer shall not copy, distribute, sell, rent, lease, sublicense or otherwise transfer or make available Permisio or any portion thereof without Quantcast’s prior written approval.
3. Termination. Quantcast may terminate the License at any time.
4. Feedback. Customer may: (a) test Permisio and cooperate with Quantcast in evaluating Permisio; (b) work with Quantcast to identify and resolve any errors, problems, or defects Customer discovers; and (c) provide Quantcast with feedback, comments, and suggestions for improvements (“Feedback”).
5. Ownership. Customer acknowledges and agrees that all of the Feedback will be the sole and exclusive property of Quantcast. Customer hereby assigns to Quantcast and agrees to assign to Quantcast all of Customer’s right, title, and interest in the Feedback, including all worldwide patent rights (including patent applications and disclosures), copyright rights, trade secret rights, and other intellectual property rights (collectively, “Intellectual Property Rights”) therein. Except as set forth in the License, Quantcast reserves, and Customer acknowledges and agrees that as between the parties Quantcast owns, all right, title, and interest in Permisio and in later versions of Permisio, including all Intellectual Property Rights therein, and including any Feedback incorporated therein. Customer will not remove any copyright or other proprietary or product identification notices from Permisio or its output. Customer will not cause or permit modification or the reverse engineering or reverse compilation of Permisio, or any other attempt to derive source code from Permisio.
6. Independent Data Controllers. “Controller”, “Processor”, “Personal Data”, and “Process” shall have the meanings given in (a) EU General Data Protection Regulation (Regulation 2016/679) (GDPR); (b) the EU e-Privacy Directive (Directive 2002/58/EC), as amended and any legislation replacing this amended Directive (e-Privacy Law); and (c) any national data protection laws made under, pursuant to, replacing or succeeding (a) and (b) (collectively, “EU Data Protection Law”). As related to Permisio, the parties acknowledge that each party is a separate and independent Controller of the Personal Data which it discloses or receives from Permisio and each party shall be individually and separately responsible for complying with the obligations that apply to it as a Controller under EU Data Protection Law.
7. Representations and Warranties. Quantcast and Customer represent and warrant to one another that (a) it has the full legal right and power to enter into and fully perform this License and to make the commitments it undertakes herein; (b) it will comply with all applicable laws and/or regulations in connection with its activities hereunder; and (c) the materials and information provided to the other party will not violate any third party rights.
8. Indemnity. Customer agrees to defend, indemnify, and hold harmless Quantcast from any judgments, damages, loss, liability, fines, or costs (including reasonable attorneys’ fees) (collectively, “Losses”) from a third-party claim to the extent such Losses are caused by Customer’s breach of its representations and warranties.
9. Disclaimer. EXCEPT FOR THE EXPRESS REPRESENTATIONS AND WARRANTIES SET FORTH IN SECTION 7, PERMISIO IS PROVIDED “AS-IS.” QUANTCAST DISCLAIMS ANY AND ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE IN TRADE. Customer acknowledges and agrees that: (a) Permisio may not operate properly, be in final form, or be fully functional; (b) Permisio may contain errors, design flaws or other problems; (c) the information Customer obtains using Permisio may not be accurate; (d) use of Permisio may result in loss of data or communications, project delays or other unpredictable and unexpected damage or loss; (e) Quantcast is under no obligation to release a commercial version of the Permisio; and (f) Quantcast may modify and/or remove any and all features of the Permisio, including the availability of the Permisio, in its sole discretion.
10. Limitation on Liability. The limitation on liability in the Quantcast Choice Terms of Service apply to Quantcast’s provision of Permisio.
11. General. Customer may not assign by operation of law or otherwise any of Customer’s rights under the Permisio Terms; any attempted assignment will be null and of no effect. With respect to Permisio, the Permisio Terms constitutes the entire agreement between the parties and supersedes all prior agreements, communications, and understandings and shall be construed in accordance with the laws of California. Any legal action arising related to these Permisio Terms will be brought exclusively in applicable courts located in San Francisco, California and the parties hereby irrevocably consent to personal jurisdiction and venue therein. If any provision of these Permisio Terms is held invalid or unenforceable by a court of competent jurisdiction, such provision will be construed so as to be enforceable to the maximum extent permissible and the remaining provisions will remain in full force and effect. The waiver of any breach will not constitute a waiver of any other right or of any subsequent breach.