Common use of Intellectual Property and Data Clause in Contracts

Intellectual Property and Data. No Party shall acquire any intellectual property rights of the other in connection with the provision of the Services and each Party remains the sole owner of any and all intellectual property rights it owned or used prior to the execution of this Agreement. Advertiser shall retain ownership of all Data. Dentsu Tech & Services shall have a worldwide, royalty free, non-exclusive, transferable license to use and otherwise process Data in order to provide, operate, maintain and enhance the Services, the Services Technology Stack and any Products or programs connected to the provision of the Services including, without limitation, the right to disclose Data with entities of the Services Network and, where necessary, to sub-license the same rights to media owners and sub- contractors strictly in connection with the performance of the Services. The license granted under this provision to Dentsu Tech & Services is granted on the following conditions: (i) Data collected in respect of a particular Advertiser will not be used for the benefit of another Advertiser; and/or (ii) following termination or expiry of the Agreement, Dentsu Tech & Services shall have the right, for a period of 6 months from such termination or expiry, to use the Data for the purposes of internal reporting (including the compilation of statistics), evaluating the Services, and improving the Services Technology Stack, and to disclose the Data if required by applicable law or regulation or pursuant to a court order or other legal process. The Data will not be shared or pooled with the data of other advertisers Advertiser grants Dentsu Tech & Services a worldwide, royalty-free, non- exclusive transferable license to use and reproduce any intellectual property rights in and to the Content (including, for the avoidance of doubt, any Advertiser trade and service marks) and to distribute or, in the case of trade or service marks, reproduce the same within the Services Network for the purposes of providing the Services. In performing the Services, Dentsu Tech & Services may be required to contract with external providers and/or media owners that service the Services Network and who may utilize all or some of the Technologies for media targeting purposes and may insert the same on a website. Any Data received by such providers and/or media owners will be used only for performing the Services. The Parties agree and acknowledge that Advertiser shall be solely responsible in relation to maintaining a privacy policy that covers the Services and, in particular, but without limitation, discloses that third parties may place Technologies on the browsers of visitors to its Website(s) and may send their own Cookies to the visitors' Cookie file. These Technologies allow the Services Technology Stack to serve Ads. Dentsu Tech & Services shall use reasonable endeavors to ensure that each Ad will incorporate an icon that will include information for visitors on how to opt-out of being retargeted. To the extent that any Data contains personal data, the Parties acknowledge that the Advertiser will be acting as data controller. Accordingly, Dentsu Tech & Services will only use personal data provided by the Advertiser or generated or collected on the Advertiser’s behalf (“Advertiser Personal Data”) in accordance with the documented instructions of: (i) the Advertiser (where Dentsu Tech & Services is appointed directly), as a data processor; or (ii) the Agency (acting on behalf of the Advertiser, whether as principal or agent), as a sub-data processor. The Agency warrants and represents that any instructions communicated to Dentsu Tech & Services, under this Agreement, accurately reflect the Advertiser’s instructions; and Dentsu Tech & Services will not be responsible or liable for any inaccuracies. The terms “data controller”, “data processor”, “data subject” and “personal data” shall have the meanings given to them in Data Protection Legislation. Dentsu Tech & Services ’s Data Protection Terms will apply to the Services and this Agreement as set out in Schedule 1 (Data Protection Terms).

Appears in 1 contract

Sources: Terms of Business

Intellectual Property and Data. No Party shall acquire any intellectual property rights of the other in connection with the provision of the Services and each Party remains the sole owner of any and all intellectual property rights it owned or used prior to the execution of this Agreement. Advertiser shall retain ownership of all Data. Dentsu Tech & Services SVG shall have a worldwide, royalty free, non-exclusive, transferable license licence to use and otherwise process Data in order to provide, operate, maintain and enhance the Services, the Services Technology Stack and any Products or programs connected to the provision of the Services including, without limitation, the right to disclose Data with entities of the Services Network and, where necessary, to sub-license licence the same rights to media owners and sub- contractors strictly in connection with the performance of the Services. The license licence granted under this provision to Dentsu Tech & Services SVG is granted on the following conditions: (i) Data collected in respect of a particular Advertiser will not be used for the benefit of another Advertiser; and/or (ii) following termination or expiry of the Agreement, Dentsu Tech & Services SVG shall have the right, for a period of 6 months from such termination or expiry, to use the Data for the purposes of internal reporting (including the compilation of statistics), evaluating the Services, and improving the Services Technology Stack, and to disclose the Data if required by applicable law or regulation or pursuant to a court order or other legal process. The Data will not be shared or pooled with the data of other advertisers Advertiser grants Dentsu Tech & Services SVG a worldwide, royalty-free, non- non-exclusive transferable license licence to use and reproduce any intellectual property rights in and to the Content (including, for the avoidance of doubt, any Advertiser trade and service marks) and to distribute or, in the case of trade or service marks, reproduce the same within the Services Network for the purposes of providing the Services. In performing the Services, Dentsu Tech & Services SVG may be required to contract with external providers and/or media owners that service the Services Network and who may utilize utilise all or some of the Technologies for media targeting purposes and may insert the same on a websiteWebsite. Any Data received by such providers and/or media owners will be used only for performing the Services. The Parties agree and acknowledge that Advertiser shall be solely responsible in relation to maintaining a privacy policy that covers the Services and, in particular, but without limitation, discloses that third parties may place Technologies on the browsers of visitors to its Website(s) and may send their own Cookies to the visitors' Cookie file. These Technologies allow the Services Technology Stack to serve Ads. Dentsu Tech & Services SVG shall use reasonable endeavors endeavours to ensure that each Ad will incorporate an icon that will include information for visitors on how to opt-out of being retargeted. To the extent that any Data contains personal data, the Parties acknowledge that the Advertiser will be acting as data controller. Accordingly, Dentsu Tech & Services SVG will only use personal data provided by the Advertiser or generated or collected on the Advertiser’s behalf (“Advertiser Personal Data”) Data in accordance with the documented instructions of: (i) the Advertiser (where Dentsu Tech & Services SVG is appointed directly), as a data processor; or (ii) the Agency (acting on behalf of the Advertiser, whether as principal or agent), as a sub-data processor. The Agency warrants and represents that any instructions communicated to Dentsu Tech & ServicesSVG, under this Agreement, accurately reflect the Advertiser’s instructions; and Dentsu Tech & Services SVG will not be responsible or liable for any inaccuracies. The terms “SVG will use such personal data controller”, “data processor”, “data subject” and “personal data” shall have the meanings given to them in Data Protection Legislation. Dentsu Tech & Services ’s Data Protection Terms will apply to connection with the Services in accordance with the Information Technology Act, 2000 and this Agreement as set out in Schedule 1 the Information Technology (Data Protection Terms)Reasonable security practices and procedures and sensitive personal data or information) Rules, 2011.

Appears in 1 contract

Sources: Terms of Business

Intellectual Property and Data. No Party shall acquire any intellectual property rights of the other in connection with the provision of the Services and each Party remains the sole owner of any and all intellectual property rights it owned or used prior to the execution of this Agreement. Advertiser shall retain ownership of all Data. Dentsu Tech & Services Amnet shall have a worldwide, royalty free, non-exclusive, transferable license licence to use and otherwise process Data in order to provide, operate, maintain and enhance the Services, the Services Technology Stack and any Products or programs connected to the provision of the Services including, without limitation, the right to disclose Data with entities of the Services Network and, where necessary, to sub-license licence the same rights to media owners and sub- sub-contractors strictly in connection with the performance of the Services. The license licence granted under this provision to Dentsu Tech & Services Amnet is granted on the following conditions: (i) Data collected in respect of a particular Advertiser will not be used for the benefit of another Advertiser; and/or (ii) following termination or expiry of the Agreement, Dentsu Tech & Services Amnet shall have the right, for a period of 6 months from such termination or expiry, to use the Data for the purposes of internal reporting (including the compilation of statistics), evaluating the Services, and improving the Services Technology Stack, and to disclose the Data if required by applicable law or regulation or pursuant to a court order or other legal process. The Data will not be shared or pooled with the data of other advertisers Advertiser grants Dentsu Tech & Services Amnet a worldwide, royalty-free, non- exclusive transferable license licence to use and reproduce any intellectual property rights in and to the Content (including, for the avoidance of doubt, any Advertiser trade and service marks) and to distribute or, in the case of trade or service marks, reproduce the same within the Services Network for the purposes of providing the Services. In performing the Services, Dentsu Tech & Services Amnet may be required to contract with external providers and/or media owners that service the Services Network and who may utilize utilise all or some of the Technologies for media targeting purposes and may insert the same on a websiteWebsite. Any Data received by such providers and/or media owners will be used only for performing the Services. The Parties agree and acknowledge that Advertiser shall be solely responsible in relation to maintaining a privacy policy that covers the Services and, in particular, but without limitation, discloses that third parties may place Technologies on the browsers of visitors to its Website(s) and may send their own Cookies to the visitors' Cookie file. These Technologies allow the Services Technology Stack to serve Ads. Dentsu Tech & Services Amnet shall use reasonable endeavors endeavours to ensure that each Ad will incorporate an icon that will include information for visitors on how to opt-out of being retargeted. To the extent that any Data contains personal data, the Parties acknowledge that the Advertiser will be acting as data controller. Accordingly, Dentsu Tech & Services Amnet will only use personal data provided by the Advertiser or generated or collected on the Advertiser’s behalf (“Advertiser Personal Data”) in accordance with the documented instructions of: (i) the Advertiser (where Dentsu Tech & Services ▇▇▇▇▇ is appointed directly), as a data processor; or (ii) the Agency (acting on behalf of the Advertiser, whether as principal or agent), as a sub-data processor. The Agency warrants and represents that any instructions communicated to Dentsu Tech & ServicesAmnet, under this Agreement, accurately reflect the Advertiser’s instructions; and Dentsu Tech & Services Amnet will not be responsible or liable for any inaccuracies. The terms “data controller”, “data processor”, “data subject” and “personal data” shall have the meanings given to them in Data Protection Legislation. Dentsu Tech & Services Amnet’s Data Protection Terms will apply to the Services and this Agreement as set out in Schedule 1 (Data Protection Terms).

Appears in 1 contract

Sources: Terms of Business