Titan Gate AD, dba PubGalaxy

Seat and registered address: ZPZ, Administrativna sgrada Pivovaren zavod, fl. 3, Varna 9000, Bulgaria

UIC: 204039974

Represented by: Ivaylo Ivanov, CEO

TERMS AND CONDITIONS

By using the Systems and Services provided by Titan Gate AD (dba PubGalaxy), you (the Publisher) agree to the Terms and Conditions below.

The Publisher and Titan Gate, jointly referred to as the “Parties”,

Whereas, the Publisher has developed their own digital media;

Whereas, Titan Gate has sufficient expertise and technology related to the sale of digital advertising;

With a view to achieving an optimization of advertising in the Publisher’s media for their mutual benefit, the Parties hereto agree as follows:

1. DEFINITIONS  

Capitalized terms shall have the meanings ascribed to them in this Section 1 or in the Section they first appear in.  

“Ad Inventory” means any blank or unfilled digital advertising unit available on the Publisher Media for the placement of Ads which has been provided to Titan Gate for sale to Advertisers and Direct Advertisers.

“Ads” or “Advertisement” means any type of advertising materials (such as text messaging, audio and video files, rich media, content, text, and graphic files), including but not limited to banners, buttons, pop-ups, pop-unders and text links.

“Advertiser” means any party other than a Direct Advertiser engaged in purchasing Ad Inventory or placing Ads on Publisher Media, including any ad network, ad exchange, demand-side platform, agency trading desk, advertising agencies, and other media buyers.

“Company Data” means data which the Publisher derives from the sale of Ad Inventory.  

“Direct Advertiser” means any independent party or its advertising agency acting on behalf of an independent party, which purchases Ad Inventory to place its own Ads on Publisher Media without using any type of intermediary to establish the connection. 

“Advertisers and Direct Advertisers” may be collectively referred to as Demand Partners or, shortly, Partners.

“Intellectual Property Rights” means patents, trademarks, service marks, trade names, design rights, copyrights, database rights, trade secrets, rights in know-how and other intellectual property rights, of whatever nature and wherever arising, whether registered or unregistered and including applications for the grant of any such rights.

“Ad tag” means any HTML, JavaScript or any other programming code that requests an ad from an ad server.

“Net Revenue” means the revenue actually collected from Partners with respect to the Service.

“Personal Data” means “personal data” as defined in REGULATION (EU) 2016/679 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (“GDPR”/”Regulation”),  thus any information relating to an identified or identifiable natural person; an identifiable natural person is one who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person.

“Personal Data Processing” means “processing” as defined in the Regulation, thus any operation or set of operations which is performed on personal data or on sets of personal data, whether or not by automated means, such as collection, recording, organization, structuring, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, restriction, erasure or destruction; 

Any other term related to Personal Data Processing has the meaning as defined in the Regulation, including but not limited to the terms “Controller”, “Processor”, “Third Party” and “Consent”.

“Publisher Media” means the websites, applications, mobile websites, mobile applications and other media, approved by Titan Gate: (a) owned and controlled by Publisher, or (b) on which the Publisher otherwise has the right to sell Ad Inventory

“Service” means technology and related services jointly provided by the Parties to facilitate the sale of Ad Inventory to Partners.

“Website” means a collection of Web pages, typically common to a particular domain name or sub domain on the World Wide Web on the Internet.

2. SUBJECT OF THE TERMS AND CONDITIONS

2.1. The Parties aim to optimize Publisher’s Ad Inventory with respect to providing the Service. With view to achieving this, the Publisher agrees and undertakes to secure the availability of the Publisher Media, whereas Titan Gate agrees to contribute by providing the required technology and assistance for optimization of the Publisher’s Ad Inventory and facilitating its sale to Partners, pursuant to these Terms and Conditions.

2.2. Publisher shall have the obligation to inform Titan Gate about ad types which are restricted to be served on Publishers’ Ad Inventory due to legal obligations applicable to Publisher. Titan Gate will make the Ad tags available to Publisher. Publisher shall code the pages of the Publisher Media with Ad tags provided by Titan Gate, which tags will enable Partners to serve Advertisements on the Ad Inventory.

2.3. The Publisher hereby represents and warrants that it is the owner of the Publisher Media or has the authorization to conclude transactions and sell Ad Inventory with respect to the Publisher’s Media.

2.6. The Publisher hereby represents and warrants that it independently carries out economic activity and could be deemed taxable person/entity.

3. SERVICES

3.1. The Parties shall engage all of their commercially reasonable efforts to optimize the sales of Ad Inventory to Partners against revenues to be distributed between the Parties under terms and conditions as provided in Section 5 hereunder.

3.2. The Publisher agrees that they will not attempt to, and will not assist or knowingly permit any third party to: (a) copy, reproduce, modify, disassemble, decompile, reverse engineer or create derivative works of any Service (or portion thereof); (b) breach, disable, or interfere with, or develop or use any workaround for, or otherwise damage, any Service or any activity on any server owned or utilized by Titan Gate; (c) set, read, write, modify or delete any cookie on a Titan Gate-owned or operated domain or use the Service to modify cookies on any domain Publisher does not own and operate; (d) pass Personal Data, except for Personal Data related to Publisher (where the Publisher is a natural person), its employees and representatives as provided for in Section 10; (e) collect or use data provided by, from or related to an Partners for purposes of creating segments regarding any other party; (f) resell or otherwise transfer data that is not Publisher’s and Publisher obtains through the Service to any third party, and/or create user profiles and/or targeting segments using such data or any other data derived from using the Service, or (g) place the Ad Tags on Websites, not explicitly approved by Titan Gate.

3.3. The Publisher will not attempt to, and will not assist or knowingly permit any third party to: (a) sell Ad Inventory on Websites with content that violates or infringes upon the rights of any third party, or is obscene, deceptive or otherwise violates any law; (b) modify any Ad tag in such a way as to adversely impact Titan Gate’s ability to serve Ads or count Ads impressions or a user’s ability to view an Ad.

3.4.  For the purposes of fulfilment of the business relationship between Titan Gate and Publisher, for provision of information about current trends in the industry, for presentation of new products and/or services, for promotion of successful projects and services, and for improvement of the Service of Titan Gate, Titan Gate may send to Publisher (i) a newsletter, (ii) marketing materials and (iii) surveys (“Marketing Materials”). The Publisher may unsubscribe from receiving Marketing Materials at any time.

4. ADMINISTRATION OF PUBLISHER MEDIA AND AD INVENTORY

4.1. Publisher shall operate the Publisher Media in compliance with all applicable laws and regulations, including laws related to the removal of copyrighted material from websites and relating to the collection, use and protection of the Personal Data of persons who access the Publisher Media (including special requirements relating to children, if applicable).

4.3. As between Publisher and Titan Gate, Publisher will control all Company Data and permit Titan Gate to use and disclose such Company Data: (a) as aggregate Service statistics; including but not limited to impression level data, (b) to provide, manage, maintain, and enhance the Service to Titan Gate’s customers and clients (including, disclosure of impression information to the relevant counterparties in Publisher’s advertising transactions).

5. PAYMENT TERMS

5.1. All Partners attracted by Titan Gate shall be directed to make all payments with respect to the Service directly to Titan Gate, in accordance with any terms and conditions specified by Titan Gate.

5.2. The distribution of the Net Revenue shall be performed between Titan Gate and the Publisher, as follows:

• the Net Revenues effectively collected by Titan Gate from Advertisers shall be distributed between Titan Gate and the Publisher accordingly, where Titan Gate shall collect no more than 15% of those Net Revenues.
• the Net Revenues effectively collected by Titan Gate from Direct Advertisers shall be distributed between Titan Gate and the Publisher accordingly, where Titan Gate shall collect no more than 35% of those Net Revenues.

Payment shall be made to Publisher within 35 days as of the end of the calendar month in which the Advertisements were served with respect to Net Revenues from such Advertisements which have been effectively received by Titan Gate and adjusted as applicable to account for any Adjustments within the meaning of Article 5.3. below. Payments will be processed via the Publisher’s preferred payment method, selected during the sign-up process. Publisher shall have the right to update the payment method if needed.

The Publisher shall entirely bear all taxes and commissions for a bank or PayPal transfer. A minimum of $100 (one hundred) must be accrued in order for a wire transfer to be initiated. A minimum of $50 (fifty) must be accrued in order for a PayPal transfer to be initiated. If the minimum amounts mentioned above have not been met within a particular calendar month, payment will be processed for the calendar month when the minimum payment amount has been reached. Example: if Publisher has generated $50 in January and another $50 in February, the total amount of $100 will be transferred as revenue for February. 

5.2.1. The Publisher acknowledges that all payments are made in its favour and represent valid and full performance of Titan Gate’s payment obligations.

5.3.  As used in Article 5.2. above, “Adjustments” means monthly adjustments made as applicable in order to reconcile Publisher’s account.  Examples of Adjustments include but are not limited to: (a) deducting any amounts which have been claimed back from the Partners or deducted by them from payments for other periods, (b) reporting and statistical errors or/and adjustments made due to currency exchange and (c) adding amounts previously withheld by or not collected from Partners.

5.4. Publisher acknowledges and agrees that a Partner might refuse to pay for impressions, clicks or actions determined to be fraudulent, artificially inflated or otherwise invalid, or for any other reason, it might turn impossible for Titan Gate to collect the due payments. Therefore, Publisher acknowledges that they will not be paid if Titan Gate does not receive payment from the applicable Partner, provided, however, that Titan Gate agrees it will use commercially reasonable efforts to investigate, demand reasonable evidence, and obtain payment from such Partner. Unless otherwise stated, all payments from Titan Gate to the Publisher shall be made in U.S. dollars.  

In case Titan Gate has paid Publisher in advance, before it has received payment from the applicable Partner and afterwards they refuse to pay Titan Gate for certain impressions, Titan Gate in its sole discretion may undertake the following actions: (a) no later than 90 days after such ungrounded payment Titan Gate may send to Publisher written notice for the overpayment via email and then Publisher will be obligated to pay back the overdue amount to Titan Gate in 7 business days as of receipt of such written notice; or (b) Titan Gate may withhold the overdue amount from future payments to Publisher.

5.5. All payments due to the Publisher are exclusive of taxes, fees, duties, levies, tariffs, and other charges (collectively, “Taxes”). Publisher will be responsible for payment of all Taxes and any related interest and penalties resulting from any payments made hereunder. If the Publisher is a taxable person in an EU member state, payments made to the Publisher will be VAT exclusive only in case the Publisher holds a valid VAT number; otherwise, payments made to the Publisher will be deemed to include VAT and no additional amounts will be due. Titan Gate must be notified immediately by the Publisher in case of VAT number change, cease to be VAT registered, sell or otherwise dispose of Publisher’s business.

5.6. The parties hereby agree that for any payment due to Publisher, Titan Gate may issue a self-billing invoice for which Titan Gate will promptly inform the Publisher via email. Such invoices shall be deemed accepted by Publisher.

5.7. Titan Gate reserves the right to withhold payment from Publisher if Publisher: (a) places the Ad Tags on unapproved Websites or (b) has engaged in an activity that has been determined by Titan Gate in its sole discretion to be deceptive or fraudulent.

5.8. The Parties hereby agree that any amounts due by Titan Gate to Publisher could be partially or entirely set off with any other amounts due by Publisher to Titan Gate.

5.9. The Parties hereby agree that any amount which has been overpaid by Titan Gate to Publisher where such amount cannot be set off under Article 5.8. shall be reimbursed by Publisher to Titan Gate’s bank account. Publisher undertakes to pay back the overdue amount to Titan Gate in a 7 business days as of receipt of notification by Titan Gate for the overpayment, specifying the due amount and the bank account for its remittance.

6. TERM AND TERMINATION

6.1. These Terms and Conditions will be valid for as long as the Publisher uses the systems and services provided by Titan Gate.

6.2. Publisher may remove the Ad Tags from the Publisher Media at any time, for any reason or no reason at all. Titan Gate may disable ad serving at any time, for any reason or no reason at all.

6.3. In the event Titan Gate enters into agreements with Partners that provide for the serving of Direct Advertisements on Publisher Media, then notwithstanding anything to the contrary set forth herein, these Terms and Conditions shall continue to apply to serving of Direct Advertisements on Publisher Media, and the Term shall be deemed extended with respect to such placements. In case of non-performance by the Publisher of its obligation to complete the serving of such Direct Advertisements as agreed between Titan Gate and the Partners, Publisher shall compensate Titan Gate for any damages and expenses suffered in connection with claims of Partners due to non-performance of Titan Gates’ obligations for Direct Advertisements to be served on Publisher Media.

6.4. If the payment method details provided by Publisher are invalid and Publisher does not provide Titan Gate with valid payment details within one month from a written notice, Publisher shall forfeit the accrued and unpaid earnings, and Titan Gate shall be entitled to retain such earnings for its own account.

6.5. If Publisher decides to stop using the Service and the amount accrued until that point of time is less than the minimums described in Art 5.2, Publisher has the right to request payment and agrees to bear all taxes related to the PayPal or bank transfer. 

7. CONFIDENTIALITY

7.1. “Confidential Information” shall mean any and all information including but not limited to information concerning the products, services, sales, performance, plans, strategies, customers, financial or human resources, processes, management, contracts, project documentation, software and hardware, technical data, drawings, schematics, know-how, ideas and inventions (whether patentable or not) of one of the parties disclosed or become otherwise known to the other party, whether disclosed in writing, orally or in other tangible or intangible form which is marked or otherwise identified as confidential or proprietary or which ought to be considered as confidential or proprietary from its nature or from the circumstances surrounding its creation or disclosure. Titan Gate reserves the right to use and disclose information about Publisher’s performance including, but not limited to: fill rates, CPM rates. 

7.2. Each party shall maintain and keep secret and not disclose the Confidential Information to any third party without prior written consent of the other party, except for the purpose of exercising its rights and performing its obligations under these Terms and Conditions, including but not limited to disclosure of the Confidential Information to employees, subcontractors, consultants, affiliates, and joint venture partners who will be subject to the confidentiality provisions of the parties hereto.

7.3. Some Demand Partners may request from Titan Gate a proof that Titan Gate is partnering with Publisher. In fulfilment of its contractual obligations with Partners, Titan Gate may disclose to them information about the name and address of Publisher; name of the representative of Publisher; Website of Publisher, name and position of the person who represents the Publisher and other information requested by Partners in order to provide evidence about the partnership between both parties. Titan Gate shall have the obligation, upon request of Publisher, to inform Publisher about the disclosure of information in accordance with this Section. The Publisher has the right to object to such disclosure of Information, however, in such case Titan Gate may not be able to serve Ads on the Ad Inventory on Publisher Media from these Partners.

7.4. Confidential Information shall not include information that (i) is or becomes publicly available other than as a result of a breach of the Terms and Conditions, (ii) is already known to the respective party, (iii) is independently acquired from a source different from the other party (and other than any such source which is under obligation of confidentiality to the other party) or developed by the respective party without violating any of its obligations under these Terms and Conditions and the relevant law in force, or (iv) is required to be disclosed to certain authorities by the applicable law.

8. NON-SOLICITATION

8.1. Publisher shall not directly or indirectly, for itself or on behalf of any other person, partnership, company, corporation or other entity, solicit or attempt to solicit a manager or employee of Titan Gate for the purposes of being engaged in labour or other relationship.

9. INTELLECTUAL PROPERTY

9.1. Titan Gate grants Publisher the non-exclusive right to access and use the Service to conduct advertising transactions, subject to these Terms and Conditions. Each party owns and retains all right, title and interest in and to all of its objects of Intellectual Property Rights, and no rights are granted to either party in the other’s intellectual property except as expressly set forth in these Terms and Conditions. Publisher grants to Titan Gate a worldwide, perpetual, irrevocable, royalty-free right to use and incorporate into the Service any suggestion, input, enhancement request, recommendation, correction, specification, or other feedback provided by Publisher or its clients relating to the operation of the Service.

9.2. Publisher hereby grants to Titan Gate a non-exclusive, non-transferable license (without the right to sublicense) to use, reproduce and display Publisher’s name, logo, service marks, trademarks and related brand features solely in connection with Titan Gate’s performance of its obligations hereunder, including and without being limited to: (a) using the trade name of the Publisher and the names of Publisher Media and requesting on behalf of the Publisher that Publisher Media is included in real-time bidding platforms, ad networks, ad exchanges, demand-side platforms, agency trading desks and other internet advertising sale facilities; (b) marketing and promotional materials; issue a press release/blog post about the relationship between Publisher and Titan Gate.

10. PRIVACY

10.1. Titan Gate will process Personal Data related to Publisher (where the Publisher is a natural person) and to Publisher’s employees and/or agents (“Representatives”) with respect to the Service as provided for in these Terms and Conditions, and in accordance with the Privacy Policy of Titan Gate about Clients of Titan Gate published on: https://www.pubgalaxy.com/privacy-policy.html (“Policy”).

10.2. Publisher will process Personal Data related to Representatives of Titan Gate in accordance with Publisher’s Privacy Policies. 

10.3. Each Party shall be a Data Controller with respect to the processing of Personal Data it performs with respect to the Service. In relation to the foregoing, each Party undertakes to comply with the applicable personal data protection legislation as well as any special law concerning the regime of information it processes within its activities.

10.4. Publisher is obliged to read and understand the Policy and to inform appropriately its Representatives about the processing of Personal Data related to its Representatives by Titan Gate, about the purposes of such processing, and to provide them with any other required information according to the applicable legislation concerning personal data protection included but not limited to bringing the Policy to its Representatives’ attention.

10.5. Titan Gate is obliged to inform appropriately its Representatives about the processing of Personal Data related to its Representatives by Publisher about the purposes of such processing, and to provide them with any other required information according to the applicable legislation concerning personal data protection.

10.6. Parties assure that they have secured a proper legal ground in compliance with the applicable legislation concerning personal data protection for providing Personal Data related to their Representatives to the respective other Party with respect to the Services.

10.7. Publisher will ensure and will be solely responsible that Publisher Media contains, and if applicable will advise each of Publisher clients in writing that each of their Websites must contain: (a) a privacy policy that (i) discloses usage of third-party technology to collect and use data in connection with the Service, and (ii) complies with all applicable privacy and personal data protection laws; and (b) a mechanism (i) to obtain with respect to the Service, users’ prior and informed consent to the use of third-party technology and to the related data collection and processing by third-parties and (ii) to withdraw such consent at any time (reasonable evidence of which shall be maintained to the extent so required), if required by applicable law. The Publishers’ obligations under this Section are described in Appendix №1.

11. LIABILITY. LIMITATION OF LIABILITY

11.1. Except as further provided in this Section 11, each Party will defend, indemnify and hold harmless the other Party, and the respective directors, officers, employees and agents of the indemnified party, from and against any and all loss, costs, expenses, claims, demands and actions, and any liabilities, damages or expenses incurred, including court costs and reasonable attorney fees, arising out of or relating to the breach of this Party’s obligations under these Terms and Conditions. In no event shall either Party be liable for any indirect, incidental, consequential, special or exemplary damages arising out of or related to the Terms and Conditions, even if such damages are foreseeable and whether or not such Party has been advised of the possibility thereof.

11.2. In case of non-performance by the Publisher of its obligation under Article 6.3. to complete the serving of Advertisements as agreed between Titan Gate and Partners, Publisher shall compensate Titan Gate for any damages and expenses suffered in connection with claims of Partners due to non-performance of Titan Gates’ obligations for Direct Advertisements to be served on Publisher Media.

11.3. Titan Gate does not assume and expressly disclaims liability with respect to Ads, Ad Inventory or any Websites. Titan Gate shall not be liable for the actions of any Partner in connection with such Partners’ utilization of any Publisher Media. In addition, Titan Gate shall not be liable for the content of any such Partners’ Advertisement or other advertising material and whether it complies with applicable law. Titan Gate shall also not be liable for the use or other processing of Personal Data of the users of Publisher Media by Partners or by the Publisher.

11.4. Neither party shall be liable for any delay or failure in performing its obligations hereunder due to causes beyond the reasonable control of the respective party, including but not limited to, natural disaster, strikes, lockouts, war (declared or undeclared), mobilization (preparation for war), revolutions, riots, sabotage, terrorism or acts of any governmental authority.

11.5. Titan Gate’s maximum aggregate liability with respect to all claims by the Publisher for indemnification will not exceed the total amount of the revenue distributed to Titan Gate as per Article 5.2. during the last 3 months before the date when the liability arose.

11.6. Titan Gate shall bear no liability for damages (incurred loss or lost profit), which are not direct, proximate and foreseeable consequence of an infringement of its obligation under these Terms and Conditions. 

The exclusion of liability applies also to damages suffered by Publisher, arising out of or relating to Titan Gate’s implementation of any changes to Publishers’ Websites’ back-end – including but not limited to changes and optimizations of the Website’s ad units and formats, their server (web, ad or any other servers involved) settings, programming code, or any other action which necessitates accessing the Websites if Titan Gate has implemented them at Publishers’ request and upon Publisher’s instructions or if Publisher has approved the implementation of the changes by Titan Gate. 

11.7. The exclusions and limitations of liability set out in this Section 11 do not apply to any damages caused by the respective Party on the other Party intentionally or by gross negligence.

12. ASSIGNMENT. NO AGENCY

12.1. Neither party may assign any of its rights and obligations under these Terms and Conditions, in whole or in part, without the prior written consent of the other party, provided, however, that, upon written notice to the Publisher, Titan Gate is entitled to (a) assign Titan Gate’s rights and obligations hereunder to an Affiliate (as defined below), (b) assign the rights and obligations in case Titan Gate separates or transfers part of its business activity which includes the provision of Services to another person or legal entity, or (c) assign rights and obligations to a third party in connection with the sale of all or a substantial part of the assets of Titan Gate, or a merger, stock transfer or other transaction or series of transactions in which the holders of a majority of the voting power in Titan Gate prior to such transaction or series of transactions ceases to win a majority of the voting power in Titan Gate (or other surviving entity) after such transaction or series of transactions. “Affiliate” means a third party that controls, is controlled by or is under common control with a party hereto, such “control” to mean ownership or the power to direct at least a majority of the voting power of the party or third party (as applicable).

13. GENERAL PROVISIONS

13.1. The Terms and Conditions constitute the entire agreement between the Parties concerning the subject matter hereof and supersedes all prior proposals or agreements whether oral or written, and all communications between the Parties relating to the subject matter herewith.

13.2. If any provision of the Terms and Conditions, or any part thereof, is held to be invalid, void or unenforceable, the remainder of the Terms and Conditions shall be in full force and effect, and each remaining provision of shall be valid and enforceable.

13.3. All notices and other communications given or made pursuant to the Terms and Conditions shall be in writing and shall be deemed effectively given upon the earlier of actual receipt or when sent, if sent by electronic mail or facsimile during normal business hours of the recipient, and if not sent during normal business hours, then on the recipient’s next business day

Should any of the Parties change its address for correspondence (including email) without notifying the other party in writing for its new address in 7 days term, all messages sent to the old address /email shall be considered validly sent.

For Titan Gate

To the attention of: Ivaylo Ivanov

Address: ZPZ, Administrativna sgrada Pivovaren zavod, fl. 3, Varna 9000, Bulgaria

For E-mail correspondence:  any valid e-mail address with domain name @pubgalaxy.com

13.4. The written statements and communications stipulated in the Terms and Conditions shall be considered valid if sent by registered mail, facsimile or email.

13.5. If either of the Parties has provided an invalid email address, the statement shall be considered received by its mere sending to the counterparty, even if it was not received.   

13.6. The Terms and Conditions shall be governed by and construed in accordance with the laws of the Republic of Bulgaria.

13.8. The Parties agree that they will settle their legal disputes arising from by means of amicable negotiations. Should such negotiations fail to bring about any solution in a reasonable time, the Parties agree to the exclusive competence of the competent courts in Sofia, Bulgaria.

APPENDIX № 1

OBLIGATION TO COMPLY WITH APPLICABLE DATA PROTECTION LEGISLATION

1. 1. Parties agree that with respect to the Service Titan Gate may place Ad tags on Publisher Media or/and provide Publisher with Ad tags to place on Publisher Media, in order to enable third parties to collect web viewing data, place cookies or other tracking technologies on the devices (terminal equipment) of users of Publisher Media for the purposes of optimizing and serving Ads based on users’ interests and/or past website visits and for the purposes of monitoring the ad impressions and other information. These third parties include Demand Partners, Advertisers/Direct Advertisers, Ad-Networks and Ad-Servers and any other parties purchasing Ad Inventory or placing Ads on Publisher Media (defined in the Terms and Conditions and the Policy as “Partners”). 
   2. Publisher acknowledges that (i) Partners may collect Personal Data concerning the users of Publisher Media by collecting web viewing data, placing cookies or other tracking technologies; (ii) this information is collected directly by Partners, (iii) Titan Gate neither controls, collects, stores or processes anyhow such Personal Data concerning the users of Publisher Media, nor has Titan Gate access to this information; (iv) the Privacy Policy of Titan Gate does not govern the use or other processing of the Personal Data of the users of Publisher Media by Partners. 
   3. Publisher acknowledges that Partners have published in their privacy policies information about what Personal Data concerning the users of Publisher Media are being collected, stored or otherwise processed by them by collecting web viewing data, placing cookies or other tracking technologies to optimize and serve Ads based on users’ interests and/or past website visits and to monitor ad impressions and other information.
   4. With respect to the above, Titan Gate is obliged to provide Publisher with the following assistance in order to help Publisher comply with the applicable data protection legislation:

(i) To provide Publisher with an exhaustive list of all Partners/ who may collect Personal Data concerning users of Publisher Media by means of placing cookies and other tracking technologies on their devices in order to optimize and serve Ads based on their interests and/or past website visits and to monitor ad impressions and other information and to update the list accordingly;

(ii) To provide Publisher with information about the location of the privacy policies of Partners;

5. Publisher acknowledges that it is solely Publisher’s responsibility as owner of Publisher Media to:

(i) inform users of Publisher Media that their Personal Data may be collected and processed by Partners by means of Partners’ or other third parties’ cookies or other tracking technologies, including to inform the users to what extent their Personal Data may be processed and what their rights with respect to such processing are. The Publisher shall be obliged to provide the necessary information to the users in an appropriate, clear, transparent and compliant to the applicable data protection legislation manner by publishing all the relevant information on Publisher Media, including by placing links to the Privacy Policies of Partners who may/ will process Personal Data concerning users of Publisher Media to optimize and serve Ads based on users’ interests and/or past website visits and to monitor ad impressions and other information. 

(ii) obtain valid prior consent to the processing of their Personal Data, and to comply with the right of the users to withdraw such consent at any time, as required by the applicable data protection legislation; 

(iii) check whether the Partners’ Privacy Policies comply with the data protection legislation applicable to Publisher and not allow or respectively remove or request removal from Titan Gate of the ad tags of the respective Partners from  Publisher Website  in case where the Publisher finds that the Privacy Policy of the respective Partner does not ensure adequate level of protection of the Personal Data or does not comply with the data protection legislation applicable to the Publisher or the concerned Publisher Media users. In all such cases the Publisher should immediately inform Titan Gate.