Super Developers General Terms
1. General terms: The objective of the following General Terms (GT) is to establish a contractual framework that governs the commercial relations that are formed through the services of promotion and monetization (Services) offered and provided through Brown Capital B.V. (SuperDevelopers) for its clients, those clients who manage apps, websites, inventory, supporting material and/or inventories of their own or of third-party companies (henceforth, Client/s) through SuperDevelopers Platform. Hereinafter, the Contract.
The access and registration to the SuperDevelopers Platform assumes the expressly acceptance of the application of the present GT, being the person who proceed with the registration and use of the Service duly authorized and empowered by the Client, knowing that this person is acting on their Client’s behalf, assuming all inherent responsibilities.
Regardless of the content of the General Terms and Conditions of the Client, the Client accepts that, regarding the commercial relationship with SuperDevelopers, these CT constitute the legal framework for both Parties. Accordingly, the Client expressly accepts that in case of conflict between the General Terms and Conditions of the Client and these GT, these GT shall prevail. The general and particular terms, as well as any other terms belonging to the Client remain expressly excluded, even if they are sent to SuperDevelopers at a later date after having agreed to these Terms.
2. SuperDevelopers Policies: All matters not specifically established in these GT adhere to our Privacy & Cookies Policy (https://superdevelopers.com/lebal/privacypolicy/). These terms will be hereafter collectively referred to as SuperDevelopers Policies.
3. SuperDevelopers Services: SuperDevelopers provides its services through its platform hosted at https://superdevelopers.com, hereby referred to as The Platform.
Cross Promotion Services: SuperDevelopers has constructed a Community of developers and publishers, among others, which permits the Client to promote products from within our products, or to exchange Advertising amongst other developers in the Community.
Game Back-end Services: SuperDevelopers offers developers various gamification services such as storing highscores, unlocking achievements amongst others which are collectively referred to as Game Back-end Services.The Cross Promotion Service as described previously is often an integral part of these Game Back-end Services.
Analytics Service: SuperDevelopers offers developers access to reporting and analytics to offer insight in the use and performance of the various services.
Monetization Services:The SuperDevelopers Platform permits its users to monetize through means of marketing the Clients own ad inventory and the reception of advertisement inventory of other members of the SuperDevelopers Community. Monetization Services are not available by default and the Client and Super Developers need to sign an addendum to the GT in order to operate them.
The Services include a non-exclusive right of use, non-transferable and no right to sublicensee during the Duration thereof, to use the Service and the Platform, “as is”, in accordance with these GT, for the Clients as well as the clients of our Clients.
Platform usage obliges previous registration and requires client login for every occasion of use. In the event that that login details are lost or stolen, it is the Client’s obligation to alert SuperDevelopers in order to block the account and all account activity until new login credentials are created to ender the Platform safely. The client must comply at all times with the technical requirements provided by SuperDevelopers for the proper function of the Services. More concretely, for example, the Client accepts that for the Services to function correctly, the Client must integrate a Software Development Kit (SDK) according to the latest documented instructions. The aforesaid code can be updated by SuperDevelopers to improve Service, but the integration of the newly updated code for optimal Service performance will be the Client’s responsibility. The Client may in no way alter or change the behaviour of the supplied code and/or SDKs.
4. Duration: These GT take effect from the moment that the Client subscribes to one of our Services by opening an account on our Platform, and will be in force for the entire duration of Services (Duration).
5. Considerations: On one hand, the Client reserves the right to display their advertising inventory in spaces outside or other than the members of the SuperDevelopers Community while following the terms outlined in the Cross Promotion Services. On the other hand, the Client can obtain monetary income that will be paid for by SuperDevelopers by displaying ad inventory from the other members of the Community in said Client’s own advertising space, as described in Monetization Services. The latter requires the Client and SuperDevelopers to enter into an additional agreement.
9. Confidentiality: The Client agrees to maintain the confidentiality of the Confidential Information during the period of effect of the Conditions and for a period of 5 years after terminating, for whatever reason, the contractual relations between SuperDevelopers and the Client.
It is confidential information, all the information related to SuperDevelopers, to the provisions of the Services and their functions, and all information generated as a consequence of using the Services on the part of the Client, including but not limited to the information of the Buyers, and the information of the Service as defined below. Confidential Information is the exclusive property of SuperDevelopers.
The Information of the Buyer is all that information which describes the monetization of apps of our Clients through the Service, that which our Clients have access to through our Platform, but does not include out Service Information. Each Client has access to her/her own Information from the Buyer through the Website. The Client will only allow access to the Information of the Purchaser to those of its employees directly involved in the use of the Service, and will treat and maintain such information as Confidential Information.
The Information of Services is all that information which is generated from the activity that the Client does through our Services, with exception to the information of the Buyer and all the other information specifically related to SuperDevelopers and to the functions of the Services.
We use the Service Information for internal purposes, and we may share the information with third parties in aggregate form without the data being able to be specifically attributed to any Client in particular, for the development of our business and the improvement of our Services. Similarly, the Client acknowledges and accepts that other SuperDevelopers Clients can have access to relative information to the Client, for the extent necessary for the provision of the Services (for example, the buyers may have access to information related to the inventory they acquire, including the URL and the price paid for said inventory). The Client may utilize the information of the Service for internal business purposes, and additionally may share with those service providers which have assumed confidentiality obligations expressly and in writing as long as they are equally binding and restrictive as these Conditions.
10. Intellectual Property of the Platform and Services: SuperDevelopers is the exclusive holder of the rights to the Platform and the Services, including their future developments, changes, and improvements. SuperDevelopers does not relinquish rights, expressly or implied, concerning the Platform and the Services except for the rights of use as conforms to these CT. The Clients assume the obligation to not reproduce, copy, distribute, modify, develop, translate, compile, perform engineering or reverse compilation or disassemble any part of this Platform Website or Services. The Client must refrain from using the Services for purposes of comparative evaluation or obtaining information about the operation of the Service or the Platform.
11. Advertising Inventories of our Clients: Clients will be held responsible for the contents of their own ad inventories with respect to intellectual property rights and third parties. The Client is committed to have ad inventory that meets the following requirements: (i) the standards, practices, guidelines, and specifications issued by the Interactive Advertising Bureau (IAB) at all times, as well as (ii) IAB Europe EU Framework for Online Behavioral Advertising y la EASA Best Practice Recommendation on Online Behavioral Advertising, (iii) the Digital Advertising Alliance (DAA) Self-Regulatory Principles, as well as (iv) the technical specifications standards of SuperDevelopers regulations at all times.
12. Compliance and Proper Use of Services: The Client agrees to comply with all of the laws and regulations applicable in whichever country could be applicable or alleged. In particular, the Client must guarantee that all the Websites, apps, and other digital supports with which the Client uses their Services for themselves or in the name of their clients (a) Comply with all the referable laws and regulations applicable, including but not limited to the regulations about privacy protection of children and minors, like the Children’s Online Privacy Protection Act (COPPA) or its equivalent in other countries of the world, (b) will not contain content or materials that are deceitful, defamatory, obscene, invasive of the privacy of others or hateful (racially or in other manner, (c) content will not introduce virus or other malware for the Services or systems of SuperDevelopers or end users, and (d) will not infringe, violate, or appropriate unduly the intellectual property of third parties.
SuperDevelopers requires the installation of cookies, web beacons, and other types of tracking technology to provide the Services. Consequently, the Client will not make any inventory available through the Service if the end users of said inventory cannot be tracked legally or have not provided the Client sufficient permission or consent to permit that the Client tracks, using a consistent identifier to receive targeted ads based on end-user’s online behavior. The Client may not utilize the Service in ways that violate their agreements with third parties or in a manner that could pose a harm to the Service or cause damage to the reputation or the image of SuperDevelopers or its Clients. The Client may not share access or passwords from any SuperDevelopers system with third parties.
13. Non-solicitation: Neither the Client nor its representatives, including, without limitation, its executives, employees, agents or advisors, solicit, elicit, or try to provoke in any manner to advise, discuss, counsel or encourage any employee, agent, or representative of SuperDevelopers or any of its affiliate to abandon or terminate in any way the relationship of said person with SuperDevelopers, its affiliates, as the case may be, for the period of Duration and up to one year after the date of termination for any reason.
15. Responsibility: The Services are provided ‘as is provided’. SuperDevelopers does not provide any guarantee, whether express, statutory, or implies. In particular, SuperDevelopers does not guarantee that (i) the use of Services will be secure, opportune, uninterrupted or free from errors or that it functions in combination with other hardware, software, system or data; (ii) that the Service complies with the requisites or expectations of the Client; (iii) nor that all information will be exact, reliable or free of loss; (iv) nor that the Service or the infrastructure that make the Service available will be free from virus or other harmful components, expressly waiving any other jurisdiction of the Customer to any guarantee in this regard or in relation to the aptitude of the Services for a particular purpose, marketing, or with non-infringement of third-party rights. The Client understands and accepts that SuperDevelopers is the provider of the platform technology in place of an advertising agency and, as such, SuperDevelopers does not have the authority to force the advertisers and other partners to use the Platform and the SuperDevelopers community. In addition, SuperDevelopers will not be responsible for any advertiser, Client, or other partner which breaches the relevant regulations, contract, or third-party rights. Without limiting to the previous example, SuperDevelopers will in no case assume responsibility for indirect, particular, incidental, punitive, or consequential damages (except in cases of specific intent) and the full responsibility of SuperDevelopers for whatever means before the Client will be limited to the amount paid to the Client by SuperDevelopers under these Conditions for the Monetization Service during the six (6) months prior to the date which the liability originated.
16. Indemnity: The Client should faces these costs, sanctions and responsibilities of whatever type (including but not limited to costs and expenses of legal defense and legal advice) that would result for SuperDevelopers, its Directors, employees, and/or agents, in case of reclamation claims made by third parties for all causes that are in consequence of the use of Services on the part of the Client, including by infraction of applicable laws or regulations and/or from infringement of any intellectual property rights, with Client holding responsibility for the entire repayment for SuperDevelopers and its affiliates, and any of its administrators, directors and employees.
17. Miscellaneous: These General Conditions and SuperDevelopers Policies constitute the complete agreement for all parties in relation to the Services and supersede all prior agreements, negotiations and understandings with respect to the Client Service provisions. The Services may not be transferred or yielded by the Client to third-parties without previous written consent by SuperDevelopers, which reserves the right to provide the Services through affiliates and third-party service providers. However, both parties can concede the contractual relationship related to the Services (a) to a purchaser of the entire assets, shares, or business of such party by way of, or (b) to an affiliated corporation, necessitating previous written notification to the other party. If one of the provisions of these Conditions is declared null and void by the final decision passed by a court, or other competent jurisdiction, the validity of the other remaining provisions will remain unaffected. Any contractual notice should be made in writing with personal delivery to the SuperDevelopers headquarters identified in our SuperDevelopers Policies and on our Platform, and for the case of the Client, to the headquarters indicated on the Client’s account profile. We are entitled to modify the present Conditions and Policies of SuperDevelopers at any point in time, and if we do make material changes we will notify our Clients through our Services, or through other means, to provide them the opportunity to revise the changes before they become effective, at which point, in case of opposition, they may terminate the Service and close their Client account(s). Continued use of our services after publishing or sending a notice about our changes to these Conditions and/or Policies of SuperDevelopers, will indicate that the Client has given consent to updated version. SuperDevelopers will not be responsible for the damages that might occur to the Client nor to a third party as a consequence of failing to comply with the Conditions motivated by cases of Force Majeure understanding as such those cases where extraordinary circumstances not foreseeable that are out of SuperDevelopers’s control and that impede the rendering of the Service according to the Conditions, such as government regulations, cases of general emergency declared at the local or national level, unforeseen natural disasters, (including, but not limited to, fires, floods and earthquakes, strikes, lockouts, etc.), energy cuts, effects of the actions of hackers, as well as other analogous circumstances. The omission and/or delay in the fulfilment of the Conditions by either party does not under any circumstances imply the waiver of the right of such party to require the other party to its compliance thereafter. The contractual relationship between SuperDevelopers and its Clients is between independent contractors. However, in no circumstance can it be understood that SuperDevelopers acts as representative, agent, director, employee, or similar of the Client, nor vice-versa.
18. Suspension: SuperDevelopers may suspect the Services in case of misuse of them by the Client, being defined as a breach of the obligations and guarantees that correspond to the Client as outlined in the present Conditions and other SuperDevelopers Policies.
19. Client failure to comply and Termination: Both SuperDevelopers and the Client can terminate the contractual relationship at any time, by providing written notice thirty (30) days in advance. In the event of termination for whatever reason, SuperDevelopers in every form will be entitled to continuing to manage as considered the obtained inventory for a period of sixty (60) days after the date of termination. After the effective date of termination any funds or credits left unconsumed by the Client will be rendered automatically expired, forfeiting the Client’s right to them and expressly renouncing them. From the day of effective termination, the Client will not have access to the Platform.
20. Jurisdiction: SuperDevelopers and the Client will discuss and try to resolve any conflict or dispute arising from the interpretation or execution of the Conditions in good faith. At the same time, SuperDevelopers and the Client hereby waive any jurisdiction that may correspond, submitting to the jurisdiction of the courts and tribunals of the city of Barcelona for the resolution of any dispute that may arise from the application of the present Conditions which have not been able to be resolved amicably.
21. Applicable Law: The present GT, such as the rights and obligations both parties thereof and the performance of the Services shall be governed by and construed in accordance with the provisions of the laws of The Netherlands.
This Data Privacy Addendum ("Addendum") sets out the terms that apply to the Client and SuperDevelopers when processing Personal Data under the relationship governed between Brown Capital B.V. and Client through the General Terms(the “GT”). This Addendum forms part of the GT. Capitalised terms used in this Addendum shall have the meaning given to them in the GT unless otherwise defined in this Addendum.
IT IS AGREED:
"Ad Data" has the meaning given to it in Section 2 of this Addendum;
“Client Apps” means the mobile applications owned and/or controlled by the Client, including all content, images, music and text contained therein, that the Client wishes to use with the SuperDevelopers SDK and SuperDevelopers Platform
"Controller" means the entity that determines the purposes and means of the processing of Personal Data;
"Demand Partners" means SuperDevelopers’s media buying clients, including but not limited to advertisers and attribution partners, demand side platforms, ad exchanges, agencies, agency trading desks and ad networks who submit "bids" for SuperDevelopers ad inventory.
"EU Data Protection Law" means (i) prior to 25 May 2018, the EU Data Protection Directive (Directive 95/46/EC) and on and after 25 May 2018, the EU General Data Protection Regulation (Regulation 2016/679); (ii) the EU e-Privacy Directive (Directive 2002/58/EC); and (iii) any national data protection laws made under or pursuant to (i) or (ii) (in each case, as superseded, amended or replaced);
"Personal Data" means any information relating to an identified or identifiable natural person (which shall include for the avoidance of doubt, any personally identifiable information) or as otherwise defined in applicable Privacy Requirements;
"Privacy Requirements" means all applicable privacy and data protection laws and regulations, in each case as amended superseded or replaced, including but not limited to Children’s Online Privacy Protection Act (“COPPA”), California Privacy Act (CCPA) and EU Data Protection Law (in each case, as amended, superseded or replaced);
“SuperDevelopers Ads” means advertisements, sourced by or on behalf of SuperDevelopers, which are routed and/or served by the SuperDevelopers Platform to the Client Apps;
"Tracking Technologies" means mobile SDKs, unique identifiers, web beacons, pixels and similar tracking technologies;
"Data subject", "Processing" (and "process") shall have the meanings given to them in EU Data Protection Law.
3. Relationship of the Parties: Parties agree that Client is and will at all times remain the controller of the Ad Data processed by SuperDevelopers hereunder and to the extent the Ad Data contains Personal Data, SuperDevelopers shall process such data as a separate and independent Controller (where applicable Privacy Requirements recognize such concept) and only for the Permitted Purposes. In no event will the Parties process Personal Data under this Agreement as joint Controllers. Nothing in the Agreement (including this Addendum) shall limit SuperDevelopers from collecting or using data that SuperDevelopers would otherwise collect and process independently of the Client’s use of the SuperDevelopers Platform and SuperDevelopers SDK. Both Parties reserve the right to modify, suspend or terminate the Agreement should the other Party violate this Addendum.
Client agrees and acknowledges that it is responsible for compliance with all its obligations as a controller under EU Data Protection Laws, specifically with reference to transmission of Ad Data to SuperDevelopers (including providing any required notices and obtaining any required consents and/or authorizations, or otherwise securing an appropriate legal basis under EU Data Protection Law), and for any decisions and actions taken by the Client with respect to processing such Ad Data.
4. Permitted Purposes: SuperDevelopers shall process Ad Data solely for the following purposes: (a) accessing the Client Apps, or the servers that make them available, to cause the routing, serving, displaying, targeting, and tracking the performance of SuperDevelopers Ads on the Client Apps; and (b) disclosing Ad Data (i) to third parties (including Demand Partners) as reasonably necessary in connection with the operation of the SuperDevelopers Platform (sub-processors); (ii) if required by any court order, process, law or governmental agency; or (iii) generally when it is aggregated, such that the specific information relating to the Client or any underlying end user is not directly identifiable ("Permitted Purposes").
5. Client’s Responsibilities.
5.1 Notice and Consent: The Client represents and warrants that: (i) it shall comply with all Privacy Requirements; (ii) it shall conspicuously post, maintain, and abide by a publicly accessible privacy notice within the Client App that satisfies the transparency and information requirements of the Privacy Requirements and the Agreement (including this Addendum); and (iii) it has provided all required notices and obtained all necessary permissions and consents in accordance with the Privacy Requirements from the relevant data subjects (including but not limited to any parental consent required by applicable Privacy Requirements) on behalf of SuperDevelopers and all applicable Demand Partners to lawfully permit SuperDevelopers and all applicable Demand Partners to (a) collect, process and share Ad Data; and (b) deploy Tracking Technologies in order to collect Ad Data from the devices of end users served with SuperDevelopers Ads, in each case for the purposes contemplated by this Addendum. The Client shall not: (i) share with SuperDevelopers any Personal Data that allows users of the Client Apps to be directly identified (for example, by reference to their name or email address); and (ii) pass to SuperDevelopers any personal data of children under 13 as defined under COPPA, unless expressly agreed in writing and as permitted under Privacy Requirements. Upon request, SuperDevelopers shall provide the Client with such reasonable assistance as the Client may require to enable the Client to provide such notice and obtain such consents.
5.2 Privacy Requirements: SuperDevelopers shall comply with all Privacy Requirements and that, where SuperDevelopers is required to obtain any permissions and consents in order to perform the Services, SuperDevelopers is responsible for obtaining any such permission or consent.
5.3 Obtaining Consent: Where the Client is responsible for obtaining consent in accordance with Section 5.1 above, the Client shall, at all times, make available, maintain and make operational on the Client Apps: (i) a mechanism for obtaining such consent from data subjects in accordance with the requirements of the Privacy Requirements; and (ii) a mechanism for data subjects to withdraw such consent (opt-out) in accordance with the Privacy Requirements.
5.4 Consent Records: Where the Client is responsible for obtaining consent in accordance with Section 5.1 above, the Client shall maintain a record of all consents obtained from data subjects as required by the Privacy Requirements, including the time and date on which consent was obtained, the information presented to data subjects in connection with their giving consent, and details of the mechanism used to obtain consent. The Client shall maintain a record of the same information in relation to all withdrawals of consent by data subjects. The Client shall make these records available to SuperDevelopers promptly upon request.
5.5 Information Requirements: Without prejudice to the generality of Section 5.1, the Client warrants and represents that the privacy notice provided pursuant to Section 5.1 (above) shall at a minimum provide clear and comprehensive information about the following: (i) the fact that third parties may collect or receive Personal Data and use that Personal Data to provide measurement services and targeted advertisements; (ii) a conspicuous link to or description of how and where users can opt-out of collection and use of information for advertisement targeting; and (iii) a description of the types of Ad Data (including Personal Data) that are collected and how and for what purposes the Ad Data collected will be used or transferred to third parties.
To the extent Data is protected by EU Data Protection Law and without prejudice to the generality of Section 5.1 above, the Client warrants and represents that the privacy notice provided pursuant to Section 5.1 (above) shall at a minimum also include the following information: the type of Personal Data collected by SuperDevelopers and its Demand Partners and the purposes of processing thereof; the categories of individuals who will have access to the Personal Data; and/or any other information required to comply with the transparency requirements of the EU Data Protection Law.
5.6 Non-compliance: If the Client is unable to comply with its obligations in this Section 5, the Client shall promptly notify SuperDevelopers and SuperDevelopers shall be responsible for the performance of such obligations provided the Client does not prevent SuperDevelopers from performing such obligations. In the event neither Party is able to perform the obligations set out in this Section 5, SuperDevelopers shall have the right to terminate the Agreement without liability upon written notice. In the event that the consent to handle Personal Data is withdrawn by a data subject, the Client shall notify SuperDevelopers without undue delay (but in any event no later than 24 hours after becoming aware of the consent being withdrawn). Client will not provide any unsolicited data related to data Subjects to SuperDevelopers
6. Co-operation and Data Subject Rights: The Parties shall, on request, provide each other with all reasonable and timely assistance (at their own expense) to enable the other to comply with its obligations under the Privacy Requirements, specifically in order to enable the other to respond to: (i) any request from a data subject to exercise any of its rights under EU Data Protection Law (including its rights of access, correction, objection, erasure and data portability, as applicable) in relation to the Ad Data ("Data Subject Rights"); and (ii) any other correspondence, enquiry or complaint received from a data subject, regulator or other third party in connection with the processing of the Ad Data. Each Party shall promptly inform the other if it receives any request directly from a data subject to exercise a Data Subject Right in relation to the Ad Data.
SuperDevelopers shall assist the Client in complying with any data subject requests, including but not limited to any requests to delete Personal Data, by removing and/or deleting any data stored by SuperDevelopers which relates to the relevant user.
7. International Transfers: To the extent that SuperDevelopers processes (or causes to be processed) any Personal Data protected by EU Data Protection Law and/or originating from the EEA (including the United Kingdom and Switzerland) ("EEA Personal Data") in a country outside of the EEA, it shall first take all such measures as are necessary to ensure an adequate level of protection for such EEA Personal Data in accordance with the requirements of EU Data Protection Law. We ensure it is protected by making sure at least one of the following safeguards is in place:
by transferring your personal information to a country that has been deemed to provide an adequate level of protection by the European Commission;
by using specific contracts approved by the European Commission which give your personal information the same protection it has within the EEA including to US;
where we use providers based in the US, we may transfer data to them if they are part of the Privacy Shield which requires them to provide similar protection to personal data shared between Europe and the US.
8. SuperDevelopers Data: To the extent SuperDevelopers shares any Personal Data with the Client in connection with the SuperDevelopers SDK and SuperDevelopers Platform, the Parties agree that the Client shall process such data as a separate and independent Controller (where applicable Privacy Requirements recognize such concept) for the limited purpose of performance under this Agreement consistent with the consents given by the data subjects and as such, the Client shall be independently responsible for the obligations that apply to it as a Controller under the Privacy Requirements. The Client further acknowledges that SuperDevelopers may transfer to the Client Personal Data protected by EU Data Protection Laws. To the extent the Client processes any such data, the Client agrees that, where applicable, it shall comply with the Standard Contractual Clauses as provided in Eu Data Protection Laws, to provide an adequate level of protection for the cross-border transfer of Personal Data. The Client shall notify SuperDevelopers if it makes a determination that it can no longer provide such protection and in such event, shall cease processing or take other reasonable and appropriate steps to remediate (if remediable) any processing until such time as the processing meets the level of protection as is required by the Standard Contractual Clauses.
9. EU Model Clauses: For the purpose of the EU Model Clauses, where applicable, the parties agree that (i) Client will act as the data exporter on its own behalf and on behalf of any of its entities and client(s) (if applicable), (ii) SuperDevelopers will act on its own behalf and/or on behalf of the relevant affiliates as the data importers, (iii) any sub-processors will act as ‘subcontractors’ pursuant to Clause 11 of the EU Model Clauses. “EU Model Clauses” shall mean the standard contractual clauses annexed to the EU Commission Decision 2010/87/EU of 5 February 2010 for the transfer of personal data to processors established in countries under the Directive 95/46/EC, or any successor standard contractual clauses that may be adopted pursuant to an EU Commission decision.
10. Indemnity: The Client shall indemnify, defend and hold harmless SuperDevelopers against and from all loss, liability, damages, costs (including legal costs), fees, claims and expenses arising out any third party claims which SuperDevelopers may incur or suffer by reason of any breach of this Addendum by the Client.
11. Survival: This Addendum shall survive termination or expiry of the Agreement. Upon termination or expiry of the Agreement, SuperDevelopers shall immediately discontinue any processing of the Ad Data and shall delete any Personal Data in its possession or control and/or on the SuperDevelopers SDK or SuperDevelopers Platform. Where a separate agreement exists between SuperDevelopers and the Client other than the GT, and to the extent applicable, in the event of a conflict between the provisions of this Addendum and such Agreement and/or GT, the provisions of this Addendum will take precedence.
DATA PROCESSING PRINCIPLES
This Annex applies to Customers subject to the California Consumer Privacy Act or "CCPA", with respect to the transfer of California consumer personal data to SuperDevelopers (transactions subject to the CCPA).
The terms “Personal Information”, “Consumer/s”, “Business”, “Service Provider”, have the meaning as defined in the California Consumer Privacy Act (CCPA) of 2018 when regarding transactions subject to the CCPA.
The Definition not included herewith shall have the meaning given in the Agreement.
This Annex only affects transactions of personal Information involving consumers in California.
All other personal information transmitted to SuperDevelopers by the Client, as well as those aspects not regulated by this Annex, shall be governed by the provisions of the Agreement.
3. Client’s obligations
The Client warrants that either:
In the event Consumers have exercised their right to opt-out, Client will not request such Consumers to share and sell their Data for at least 12 months after the Consumer has opted out.
Furthermore, the Client shall indicate to SuperDevelopers which Consumers have exercised their right to be excluded from the sale of their personal data. The Client shall provide SuperDevelopers with all the information necessary to proceed with such limitation of use.
Likewise, the Client warrants that, in the case of communicating an exclusion of a consumer to SuperDevelopers: (i) it has made reasonable efforts to determine that such consumer is a consumer according to the definition provided in the CCPA or has assumed that all its users are consumers; (ii) it does not discriminate against consumers that have exercised any of their rights under the CCPA; and (iii) it complies with the applicable rules regarding Consumers that it knows are under sixteen (16) and/or thirteen (13) years of age.
4. SuperDevelopers’s obligations
When SuperDevelopers receives a signal from the Client indicating that a consumer has exercised his right of exclusion, SuperDevelopers will act as a Service Provider, limiting the use of the personal data to those specifics that the CCPA allows to Service Providers: (among others), for auditing purposes, security incident detection or use of aggregated data for statistical and measurement purposes.
SuperDevelopers warrants that it has implemented all technical mechanisms to limit the use of personal data of consumers who have exercised their right of exclusion, as well as to communicate the exclusions received from the Client to the other parties involved in the transactions, where SuperDevelopers is responsible for making such communication.
SuperDevelopers may refuse to receive and use any Data if it reasonably believes that processing of such Data may infringe the CCPA, pose a risk of liability or harm to Consumers, SuperDevelopers or any of SuperDeveloperss agents or Customers.
SuperDevelopers may engage subproviders to receive or transfer personal information as long as: (i) each such Subprovider has the technical capability to receive, interpret, and comply with the CCPA and, if necessary for the performance of the applicable service, accurately re-transmit an “opt-out”; (ii) each such Subprovider is bound by a written agreement with SuperDevelopers that includes, and requires such Subprovider to comply with, the obligations of SuperDevelopers as set forth in this Annex.
If applicable, SuperDevelopers will duly inform its subcontractors about the exercise of the right of exclusion so that they can proceed to limit the use of such personal data in the same sense as section 4, without undue delay.