Terms and conditions

Terms and conditions


Acceptance of conditions

reklama.network provides advertising services, defined below, to you subject to the following Terms of Service. By accessing and using PopCash services you accept and agree to be bound by terms and provisions of the Terms of Service.

 

Definitions

Publisher is the client of reklama.network , owner or manager of one or more websites, that is using reklama.network advertising services to display ads delivered through reklama.network ad server to his website visitors in return for a fee.

Advertiser is the reklama.network client that will buy ads delivered through reklama.network ad server to display owned or 3rd party promotions.

Visitor is the person that will visit a website registered to reklama.network by the publisher who will see the ad delivered by reklama.network .

Popunder is the type of ads displayed by reklama.network to the website owned or managed by the publisher. The popunder ad is displayed through various methods, with the consent of the website owner. The popunder ad will open a new browser window behind the current browsing session of the visitor when the website of the publisher is clicked.

Referrer is the existing client of reklama.network that will promote our services through a referral program. The referrer will earn commission for the new clients registered to our services.

Referee is the person that becomes a client of reklama.network services when referred to reklama.network by a 3rd party existing customer .

Description of reklama.network Services

reklama.network will act as an automated marketplace between publishers and advertisers. By signing up you also agree that the reklama.network services may include certain communications from reklama.network such as newsletters, administrative messages, service announcements and that these communications are part of reklama.network membership. Unless explicitly stated otherwise, any new features that augment or enhance the current reklama.network services shall be subject to the Terms of Service. You understand and agree that the reklama.network services is provided "AS-IS" and that reklama.network assumes no responsibility for the timeliness, deletion, mis-delivery or failure to store any user communications or personalization settings .

Registration Obligations

In consideration of your use of reklama.network services, you agree to provide accurate, true, up to date and complete information about yourself as prompted by the reklama.network registration data and maintain the data of your account up to date, true, accurate and complete. reklama.network reserves the right to suspend any account if the provided data is not truthful without any further notice.

Member account, password and security

Upon registration for reklama.network services, you will receive an account registered with username and password of your choice.

You are responsible for maintaining the confidentiality of the password and account and are fully responsible for all activities that occur under your account. You agree to (a) immediately notify reklama.network of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. reklama.network cannot and will not be liable for any loss or damage arising from your failure to comply with this section.

Member conduct

Fraud will be considered any activity conducted by any existing client of reklama.network services if the Terms of Service will be breached or if any of the reklama.network representatives will consider so taken in consideration different suspicions for fraudulent activities (e.g. connections with accounts suspended in the past for similar activities).

By using reklama.network services you agree that the methods used by reklama.network representatives to determine if a client has breached the Terms of Use or is suspicious for fraudulent activities will not be disclosed to you.

Any flaws in reklama.network services, presentation website, user dashboard or any other section owned by reklama.network will be provided to reklama.network representatives directly. Use of any of these flaws will lead to account suspension.

You acknowledge, consent and agree that reklama.network may disclose your account information and content if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary to: (1) comply with legal process; (2) enforce the TOS; (3) respond to claims that any Content violates the rights of third parties; (4) respond to your requests for customer service; or (5) protect the rights, property or personal safety of Yahoo, its users and the public.

Financial fraud

By registering to reklama.network services, we have the right to request additional information about your transactions if under the suspicion the transaction was not authorized or made by the owner of the account.

We reserve the right to terminate or suspend any account that has used stolen, hacked or unauthorized payment accounts for reklama.network services without any prior notice.

For transactions from reklama.network to client, if under the suspicion the account security was breached, a reklama.network representative will request confirmation from account owner. Failure to reply to the confirmation e-mail will result in delay or cancelation of the transaction, as well as cancelation of the reklama.network account password.

Advertiser fraud

We will check each promotion before approval and while running for each of our advertisers to block and avoid any possible fraudulent activity.

The user of software or tools that will manipulate the device used by the visitor or the website where the advertisement is displayed for any purpose other than the described reklama.network service will result in the termination of the account without the right to a refund.

Advertisers will receive the popunder purchased through a link of their choice. In case the link or any middle link between reklama.network and the offer is marked by 3rd party services designed to detect and block malware, phishing or other type of online fraud, we reserve the right to suspend your account or apply monetary penalties, taking in consideration the severity and frequency of such promotions.

We also reserve the right to suspend your account or apply monetary penalties if any of the below offers are promoted through reklama.network services, depending on the severity and

Included in the list of not allowed content to be promoted is:

  • APK/EXE automatic download without a delay of at least 10 seconds and a proper landing page;
  • Malware/phishing campaigns;
  • Technical support, fake support or related;
  • Fake, aggressive or misleading ads (fake flash player, fake antivirus, etc.);
  • Sneaky redirects and cloaking;
  • Landing pages without content or not working;
  • Violent, hate (based on race, religion, gender, age, sexual orientation or gender identity);
  • Incest, necrophilia, pedophilia, zoophilia, bestiality and more;
  • Any offer that has content forbidden in the country promoted by law.

Publisher fraud

We will perform random analysis over publishers’ accounts to verify the quality of the ads provided to reklama.network. Based on the results of each analysis the reklama.network representative performing the analysis and if the results are showing abnormal behavior or the results will have a very low-quality score he will decide if to retain partial amount of the earnings or to suspend the account. Additional analysis of the publishers’ accounts will be performed if suspicion of fraudulent activity or the reports received from active advertisers will point to abnormal behavior and the reklama.network representative will decide if and what action is to be taken.

reklama.network publisher will have the reklama.network account suspended if we receive notification and proof from 3rd party about the use with the purpose of monetization of a website that is not owned or managed by the reklama.network publisher.

Refund Policy

Our refund policy is very permissive. The advertisers may request a refund for the unspent funds at any time, while our finance team will process their request in maximum 7 business days (usually it takes around 24 to 48 hours).

No 3rd party beneficiaries

You agree that, except as otherwise expressly provided in this TOS, there shall be no third-party beneficiaries to this agreement.

General information

The Terms of Service constitutes the entire agreement between you and reklama.network and governs your use of the reklama.network services, superseding any prior version of this Terms of Service between you and reklama.network with respect to the reklama.network services.

Data processing agreement

This DPA (Data Processing Agreement) is between User and reklama.network, as defined under the ToU (Terms of Use), and forms an integral part of Terms and conditions available at https://reklama.network/pages/terms-and-conditions.html.

reklama.network and Users will be referred to as the “Parties”. In the event of any conflict between this DPA and the Terms of Use, the terms of this DPA will prevail.

This Agreement applies only to the extent the EU Data Protection Law applies to the Processing of Personal Data under this Agreement, including if (1) the Processing is carried out in the context of the activities of an establishment of either Party in the European Economic Area (EEA), or/and (2) the Personal Data is related to Data Subjects who are in the EEA and the Processing is related to the offering of goods or services to them or the monitoring of their behavior in the EEA.

Definitions

“(Data) Controller” is the entity which determines the means and purposes of the Processing of Personal Data.

“(Data) Processor” is that entity which Processes Personal Data on the Data Controller’s behalf.

“Data Subject” is the individual to who’s Personal Data is related to, End Users being included.

“End User” is represented the end user of an internet connected device.

“GDPR” is the Regulation (EU) 2016/679 of the EU Parliament and the Council of April 27th 2016 on the protection of natural persons with regards to the processing of personal data and on the free movement of that, and repealing Directive 95/46/EC (a.k.a. “General Data Protection Regulation”).

“Personal Data” represents any information related to an identified or identifiable individual, as defined in Article 4.1 of the GDPR.

“Processing” includes any operation or set of operations performed upon Personal Data, whether or not by automatic means.

“Sub-Processor” is any Data Processor engaged by the Processor.

“Services” are services provided by PopCash complying to the general legal terms above mentioned.

Processing Of Personal Data

In this DPA and with respect to Personal Data, Client/User/User is Data Controller or Processor and reklama.network is engaged by the Client/User as Processor or Sub-Processor in respect to Personal Data, as applicable. The terms of this Agreement will be applied to either of the relations between the Parties regarding the Processing of Personal Data mentioned herein.

Within the purpose of this DPA, Client/User engages reklama.network to collect, process and/or use Personal Data on Client/User’s behalf.

reklama.network will only Process Personal Data on your behalf, according to your instructions, which are the following: (1) Processing shall be carried out according to this DPA, the Terms of Use and pursuant to the features and limitations of the applicable Services which reklama.network provides to Client/User; and (2) Processing shall be carried out in compliance with other reasonable instructions provided by the Client/User, where such instructions are consistent with the Terms of Use. reklama.network will be under no obligation to comply with instructions that reklama.network deems as violating applicable laws. Processing outside the scope of this DPA (if any) will require: (1) prior written agreement between Client/User and reklama.network, and (2) Client/User’s additional instructions for processing.

reklama.network uses the Personal Data only to provide the Services in accordance with Terms & Conditions, i.e. in order to perform tracking services / serve End Users with interest–based advertising, as well as to measure the effectiveness of advertising campaigns and provide you with advertising reports. In that context, reklama.network – on your demand – may also combine Personal Data from different sources in order to improve Services and integrate Services with external platforms, all of which will be conducted on your behalf. reklama.network also processes Personal Data on your behalf and to serve your interests for the purposes of fraud prevention, bot detection, rating, analytics, viewability, ad security services. reklama.network may also process data based on the extracts of Personal Data in aggregated and non-identifiable forms, including for the purposes of testing, development, control and operation of the Services.

reklama.network may process the following information on your behalf: IP addresses, language information, session-based browsing behavior, header information, End User’s device-related data (such as the type or model of the device), operating system, wireless carrier providing communication services to such device, geographical location (geo-location) of the device, cookies, advertising identifiers of the device, as well as other information we may receive from you or from third parties engaged by reklama.network on your behalf, such as non-precise device location based on the IP address, device specifications and user’s interest’s information. Client/User also authorizes reklama.network to store and use cookies or pixel tags on End User’s device on behalf of the Client/User in order to perform Services. Additional information regarding the types of End User’s data that may be collected or used by the Client/User through Services are specified in End User Privacy Policy.

Without derogating from any of the obligations of the Client/User hereunder, the Client/User shall not provide reklama.network with any data 1) which by itself identifies an individual, such as name, address, phone number, email address; and 2) regarding children, or any special categories of personal data, as defined under Article 9 of the GDPR, except as may otherwise be expressly agreed in writing between the Parties and in accordance with the applicable law. This type of data is not necessary to use reklama.network’s Services.

Client/User is responsible for ensuring their own compliance with various laws and regulations, including the GDPR. To the extent required under the applicable law, you shall provide an appropriate notice to Data Subjects about the Processing of their Personal Data in connection with the use of Services under this DPA and under the End User Privacy Policy (https://popcash.net/tos), and you shall receive and document the Data Subjects’ consent thereof to the extent required under the applicable law.

To the extent required under the applicable law, Client/User must also use commercially reasonable efforts to ensure that the End User is provided with clear and comprehensive information about cookies or other information on the End User’s device in connection with the use of Services by the Client/User and, if applicable, consents to their storing and accessing. To the extent required under the applicable law, Client/User shall inform the End User about third party cookies (or other tracking technologies) which may be placed on Client/User’s site(s), specifying the purpose of these cookies (e.g., targeted advertising) and the type of data collected on the Client/User’s site(s). Client/User shall also inform End Users of options to deactivate reklama.network’s cookies by including in its privacy policy a link to reklama.network’s End User Privacy Policy (https://reklama.network/pages/terms-and-conditions.html), and when legally compulsory, appropriate notice, consent and choice mechanisms that comply with relevant laws and regulations, including GDPR.

You acknowledge and agree that you retain sole responsibility for the lawfulness of the Processing and warrant to reklama.network that you are legally allowed to engage reklama.network to process Personal Data on your behalf, have provided all necessary notices and obtained all required consents from the Data Subjects (if apply) for the purposes of the Processing described in this DPA.

Rights Of Data Subjects

reklama.network shall notify User via e-mail if when receiving a request from a Data Subject in the subject of access to, correction, amendment, deletion of or objection to the processing of that Data Subject’s Personal Data. reklama.network shall not respond to any such Data Subject request without User’s prior written consent, except in order to confirm that the request relates to the User.

To the extent that User responds to any such Data Subject request, reklama.network shall provide User, to the extent required by law, with commercially reasonable cooperation and assistance in relation to handling of a Data Subject’s request, to the extent legally permitted.

reklama.network reserves the right to charge additional fees in relation to the cooperation with the User in regard to this DPA.

PopCash’s staff

reklama.network shall ensure that its personnel engaged in the Processing of Personal Data is informed of the confidential nature of the Personal Data, has received appropriate training on their responsibilities and is subject to obligations of confidentiality. Such obligations shall survive the termination of that individual’s engagement with reklama.network.

reklama.network shall ensure that access to Personal Data is limited only to those members of personnel who require that access in order to fulfil reklama.network’s obligations under the Terms of Use.

Security

Pursuant to Article 28, Section 3(c) of the General Data Protection Regulation, reklama.network shall take the measures required by the Article 32 of the GDPR.

reklama.network shall provide sufficient guarantees of implementation of the appropriate technical and organizational measures in a manner that the processing will meet the requirements of the GDPR and ensure the protection of the rights of the Data Subject.

reklama.network imposes appropriate contractual obligations upon its personnel that engages in the Processing of Personal Data, including relevant obligations regarding confidentiality, data protection and data security. reklama.network ensures that its applicable personnel have been properly informed of the confidential nature of the Personal Data, has received appropriate training and has executed written confidentiality agreements. reklama.network will further ensure that such confidentiality agreements will survive the termination of employment or another form of engagement of its personnel.

Security Breach Management And Notification

If reklama.network becomes aware of any accidental or unlawful destruction, loss, alteration, unauthorized disclosure of or access to any Personal Data transmitted, stored, or otherwise Processed on reklama.network’s equipment or in reklama.network’s facilities (“Security Breach”), reklama.network will promptly: (1) notify the User of the Security Breach; (2) investigate the Security Breach and provide User with all relevant information about the Security Breach; and (3) take all commercially reasonable steps to mitigate the effects and minimize any damage resulting from the Security Breach.

Subprocessing And Transborder Data Transfers

User authorizes reklama.network to appoint Sub-Processors in order to provide the Services.

reklama.network may continue to use the Sub-Processors already engaged by reklama.networkaccording to this DPA.

reklama.network may integrate the User’s services with external service providers’ platforms for the purpose of providing its Services, on User’s behalf and for the purposes of serving the User’s interests, where such external service providers may be Sub-Processors, which User hereby agrees to. A full list of such Sub-Processors is available upon the User’s written request directed to reklama.network.

Although the provisions above, User hereby authorize reklama.network to subcontract the Processing to the Sub-Processors based outside of the European Economic Area (EEA) to the extent necessary to duly perform the Service(s), under the condition that the Sub-Processors will provide sufficient guarantees in relation to the required level of data protection, e.g. through a Privacy Shield certification according to the EU Commission Decision 2016/1250, or a subcontracting agreement based on the standard contractual clauses launched by virtue of the EU Commission Decision on standard contractual clauses for the transfer of personal data to processors established in third countries under Directive 95/46/EC or GDPR (the “Model Contract Clauses”), or based on other applicable transborder data transfer mechanisms.

Others

Term: This Agreement shall become effective as of May 25th, 2018. User authorizes reklama.network to retain Personal Data for a period of 120 months from the date of its collection on User’s behalf and for the purpose of serving its interests, including for fraud prevention, ad security services, reporting services, complaints or chargebacks handling. This data may be deleted from reklama.network’s servers after this retention period and/or after the termination of Agreement or earlier, at User’s written request.

Notices: If User wish to make any inquiries about this Agreement, please contact us at ognutyun@reklama.network

Liability: User shall indemnify and hold reklama.network, its officers, directors, employees, contractors, and agents harmless from and against all claims, liabilities, administrative fines, suits, judgments, actions, investigations, settlements, penalties, fines, damages and losses, demands, costs, expenses, and fees including reasonable attorneys’ fees and expenses, arising out of or in connection with any claims, demands, investigations, proceedings, or actions brought by data subjects, legal persons (e.g., corporations and organizations), or supervisory authorities under the data protection laws that apply to reklama.network in respect of processing of Personal Data on behalf of User through Services.

The liability of each party under this Agreement shall be subject to the exclusions and limitations of liability set out in the legal terms.

Governing law: This Agreement shall be governed by, and is construed in accordance with, the laws of the State of Spain, without giving any effect to any choice of law and provisions thereof that would cause the application of the laws of any other jurisdiction.

List of reklama.network’s Sub-Processors

Available upon request.

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