Contracts
- Quantcast Measure and Publisher Terms of Service
- Choice Terms of Service (operated by Quantcast on behalf of InMobi)
- US Data Privacy Addendum
- EEA/UK/Swiss Data Privacy Addendum
- Key Terms
- Privacy Implementation for Quantcast Publisher Partners
- Privacy Implementation for Quantcast Advertiser Partners
- Laws
- Website Terms of Use
- Quantcast Partners
- Quantcast Advertise Insertion Order Terms & Conditions
- Campaign Policy
- Quantcast Website and Corporate Privacy Policy
- Quantcast Products and Services Privacy Policy
Quantcast Measure and Publisher Terms of Service
Effective August 17, 2023
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If you have an active, duly executed contract for Quantcast services (“Existing Contract”), the Existing Contract will govern your use of the service(s) covered in the Existing Contract instead of these Quantcast Measure Terms of Service (“Terms”). In addition, these Terms only apply to the Quantcast Measure service (i.e., the “Service” as described below) and not to any other Quantcast product or service.
Quantcast Measure Terms of Service
This Quantcast Measure Terms of Service (this “Agreement”) describes the terms and conditions on which Quantcast makes Quantcast Measure (the “Services”) available to you.
BY CLICKING THE “I ACCEPT” BUTTON, COMPLETING THE REGISTRATION PROCESS, USING THE SERVICES OR ENTERING INTO AN OFFLINE AGREEMENT THAT REFERENCES THIS AGREEMENT OR INCLUDES A LINK TO THIS AGREEMENT, YOU ARE AGREEING TO BE BOUND BY THIS AGREEMENT. IF YOU ARE ENTERING INTO THIS AGREEMENT ON BEHALF OF A COMPANY OR OTHER LEGAL ENTITY, YOU REPRESENT THAT YOU HAVE THE AUTHORITY TO BIND SUCH ENTITY, IN WHICH CASE THE TERMS “YOU” OR “YOUR” WILL REFER TO SUCH ENTITY (OR, IF SUCH ENTITY IS ACTING AS AN AUTHORIZED AFFILIATE, THEN THE TERMS “YOU” OR “YOUR” WILL REFER TO SUCH ENTITY, THE AUTHORIZING PARTY(IES), OR BOTH, AS APPLICABLE). QUANTCAST MAY MODIFY THIS AGREEMENT FROM TIME TO TIME; CONTINUED USE 30 DAYS AFTER NOTIFICATION WILL CONSTITUTE ACCEPTANCE (SEE SECTION 10).
Capitalized terms not otherwise defined herein are defined in Section 14.
This Agreement incorporates the US State Data Privacy Addendum to the extent that the Services include processing personal information that is subject to U.S. State Privacy Laws (as defined in the foregoing Addendum) and the Privacy Implementation for Quantcast Publisher Partners.
- Introduction: Reachpoints, Tags, and Measurement Data.
Quantcast Measure is a free digital audience measurement service that allows you to tag web pages, video, advertisements, apps, content, and paid search campaigns (what we call, “Reachpoints”) for direct measurement.
You can also define and measure actions and events by customizing your Tags with labels. You have complete control over (and are solely responsible for) which Reachpoints are tagged, how segments are labelled (e.g., with meaningful or obfuscated names), and how the resulting Measurement Results are or are not disclosed publicly.
Each time a browser visits your tagged Reachpoints, Quantcast may, in accordance with Applicable Privacy Laws, collect traffic statistics like those in any web server log (what we call, “Measurement Data”). We then apply proprietary Quantcast algorithms and other data to the Measurement Data to generate the “Measurement Results”, which we make available to you on the Quantcast website (see Section 3).
To measure Reachpoints that you do not own or control, you may provide your Tag to a third party who accepts this Agreement (any such third party, an “Authorized Affiliate”); you may also instruct us to give the Authorized Affiliate access to the Measurement Results.
- Registration.
In order to access the Services you must register for a Quantcast account on the Quantcast website. Each new app you Tag requires its own registration and then receives its own unique API key. In registering, you agree to provide accurate, current, and complete information, and to keep it up to date. Any processing of Personal Information when registering for a Quantcast account will be processed in accordance with the Quantcast Website and Corporate Privacy Policy which you can access here.
You are responsible for keeping your password confidential. You hereby take responsibility for all actions taken—and instructions provided to Quantcast—under your account or with the Measurement Results, by you or any third parties, whether or not authorized. You will notify Quantcast immediately of any unauthorized or non-compliant use of your account and will cooperate with us in stopping it.
- Measurement Data and Results.
Quantcast uses each piece of Measurement Data both to understand your audience (for your benefit only) and as one of trillions of data points for predictive analytics and in determining what content and advertising to show individuals across the internet and other digital applications. You acknowledge that Quantcast may use Personal Information it receives from you to provide services to other Quantcast clients or for Quantcast’s commercial interests that may be unrelated to providing the Services to you.
Quantcast will never sell your audience (whether identified as such or not) and you control the extent to which Quantcast displays the Measurement Results.
Quantcast grants you perpetual rights to use, copy, and distribute the Measurement Results, including with our sharable widgets, only as long as you:
- Credit Us. Conspicuously include: “Source: Quantcast www.quantcast.com”;
- Present the Measurement Results Exactly as We Provided It. Do not: (i) manipulate or modify the Measurement Results to state or suggest different results from those specifically presented by Quantcast; (ii) combine information related to different Quantcast profiles (for example, by adding together the reach from two different sites instead of presenting the cross-site unduplicated reach measurement provided by Quantcast); (iii) quantitatively aggregate or combine information in the Measurement Results with information derived from other sources (but offering a comparison with information derived from other sources is permissible);
- Don’t Use Our Work to Compete with Us. Do not use the information in the Measurement Results in any way that competes with Quantcast; and
- Bind Third Parties. If you provide the information in the Measurement Results directly to any third party (rather than by having them access the information through the Quantcast website), you must ensure that they agree to be bound by and comply with the terms of this Agreement including the foregoing requirements.
- Tagging Rules and Privacy.
You agree not to misrepresent your digital traffic, audience, or user activity in connection with Quantcast, the Services, or any Tags. You agree not to tag any adware or spyware inventory, or any Reachpoint revealing precise geographic location (i.e., information that describes the precise location of a device derived through any technology that is capable of determining with reasonable specificity the actual physical location of an individual or device), specific health / medical /sex-life information, credit card or financial data, or criminal convictions or charges. In addition, you agree not to tag any Reachpoint revealing data regarded as “sensitive” or “special category” Personal Information under Applicable Privacy Laws, including data revealing racial or ethnic origin, political opinions or parties, religious or philosophical beliefs, trade union membership, or health. If you represent to Quantcast (e.g., during the signup process) that your Reachpoints are directed to users under the age of 16, Quantcast will not collect any Personal Information from such Reachpoints and you will not receive those of our services that require collection of data across different websites. You will not modify the Tag other than as described in a Quantcast Learning Center Guide. You agree to update your Tag (which may require retagging your Reachpoints) when we notify you of any Tag fixes, updates or upgrades. You will use the Tag in the top most frame possible. You will retain the Tag’s origin address that we provided, in full.
You agree to comply with Applicable Privacy Laws and also industry self-regulation Principles and Codes of Conduct for interest-based advertising in connection with your use of the Tag and the Services. You agree not to use the Services to track or collect personally identifiable information (i.e., information that can be used to contact or identify a particular individual, including name, address, telephone number, email address, financial account number or government-issued identifier) of end users. To the extent that the web pages or apps in which you place the Technology are accessed by end users located in Europe, you agree to implement a transparency and consent solution compatible with the IAB Europe Transparency and Consent Framework or another solution mutually agreed by both parties in writing. While you are implementing such consent solution, you agree to (i) obtain consent for Quantcast to use cookies and similar technologies in compliance with Applicable Privacy Laws, (ii) provide proof of such consent if requested by Quantcast, and (iii) not permit calls from your web pages or apps to Quantcast servers if such consent has not be obtained. You agree to name Quantcast as a party for or by whom cookies or similar technologies are used to access the device and Personal Information is collected through your webpages or apps.
You further agree to prominently display to end users a user friendly, easily accessible, clear and comprehensive privacy policy (and, if necessitated by Applicable Privacy Laws, a separate cookie policy) that, where required, complies with Applicable Privacy Laws and contains the following (a) a statement that your site or app permits data collection for interest-based advertising, (ii) a description of the types of data collected for such advertising, (iii) an explanation of the purposes for which data is collected by, or transferred to, third parties, and (iv) a conspicuous link to either an opt-out mechanism, such as the NAI or DAA opt-outs for companies established outside of Europe or a consent revocation page for companies established in Europe. If you use the Services to collect data from a network of domains or subdomains, you will inform each in advance of such disclosures.
In the case of app measurement, operating system platforms provide device-level setting options that allow end users to indicate their preference with respect to third party data collection and targeted advertising (the “Ad Preference Setting”). Quantcast treats these device level Ad Preference Settings as consumer opt-outs and you will accurately pass the Ad Preference Setting to Quantcast. You will not send any identifier associated with a device to the extent that such device has otherwise indicated that the end user wishes to be opted out of advertisement tracking.
Unless agreed otherwise, you and Quantcast are each separate and independent Businesses or Controllers of any Personal Information which you and we may disclose or receive under this Agreement. You and Quantcast, pursuant to this Agreement, do not and will not jointly determine the purposes or the means of Processing of any Personal Information disclosed or received under this Agreement. Each party shall comply with the obligations that apply to it under Applicable Privacy Laws and provide Personal Information Processed pursuant to this Agreement the level of privacy protection required by such laws. In the event that either party determines that it can no longer meet its privacy obligations under this Agreement or the Privacy Laws, it shall inform the other party without undue delay.
If you are a Business subject to CCPA, you agree to prominently post a “Do Not Sell or Share My Personal Information” link on all of your Reachpoints, and to provide consumers with the disclosures required of Businesses by CCPA.
- Restrictions.
You agree to use the Services only in accordance with the terms and conditions of this Agreement. You will not use the Services to engage in any illegal or offensive acts or serve any illegal content via any Reachpoint. You will not:
- Interfere or attempt to interfere with the operation or security-related features of the Services or the Technology;
- Delete, or in any manner alter, the copyright, trademark, or other proprietary rights notices appearing on any Quantcast Content;
- Represent that Quantcast endorses or supports your services; make any representations and warranties concerning any aspect of the Services, the Technology, or Measurement Results to any Authorized Third Parties or other third parties; or
- Attempt to index, scrape, search, or crawl the Services or the Quantcast website with any automated process; or attempt to access any information or technology relating to the Services, the Quantcast website, or our proprietary algorithms through any means not intentionally made available by Quantcast to you.
- Quantcast Rights.
All right, title, and interest, including intellectual property rights, in and to the Quantcast website, the Services, the Technology, and the Quantcast Content are and will remain the exclusive property of Quantcast (“Quantcast Property”). Except as expressly permitted in this Agreement, you will not reproduce, modify, or prepare derivative works based upon, distribute, license, sell, transfer, publicly display, publicly perform, transmit, or use such Quantcast Property. In the event that your Quantcast account is suspended or terminated, Quantcast will continue to respect this Agreement’s limits on our use of the Measurement Data and will cease all public display of the Measurement Results.
Quantcast servers may choose to occasionally respond to any publisher’s Tag by redirecting the browser to a third-party anonymous beacon to support the provision of Quantcast services in market. The decision to beacon is not related to you, your traffic, or your user base.
- Indemnity.
Quantcast agrees to defend, indemnify, and hold you harmless from any judgments, damages, loss, liability, or costs (including reasonable attorneys’ fees) resulting from a third-party claim that the Technology or the Services infringe any U.S. or European intellectual property rights, provided that you (i) promptly inform and furnish Quantcast with a copy of each related communication and action, (ii) allow Quantcast to assume full control of the defense and settlement, and (iii) assist and cooperate with Quantcast, at Quantcast’s expense. Quantcast will have no obligation or liability hereunder where the claim results from any combination with, addition to, or modification of the Services or the Technology, from your failure to update your Tag, from your or any Authorized Affiliate breach of this Agreement, or from failure to obtain consent for your and our use of cookies or other tracking technology in accordance with Applicable Privacy Laws. If the Services or Technology become, or, in Quantcast’s opinion are likely to become, the subject of a third-party claim against you, Quantcast may, at its option and expense, procure rights for you to continue using the Services or the Technology, replace or modify the same so that it performs substantially similar functions but does not infringe, or terminate this Agreement. The foregoing states the sole and exclusive liability of Quantcast and your sole remedy with respect to third party claims of any kind.
You agree to indemnify and hold Quantcast harmless from any judgments, damages, loss, liability, or costs (including reasonable attorneys’ fees) resulting from a third-party claim resulting from your failure to update your Tag when we notify you of any Tag fixes, updates or upgrades.
- Warranty Disclaimer.
The services and related information are provided “as is,” without warranty or condition of any kind, either express or implied. Without limiting the foregoing, Quantcast explicitly disclaims any warranties of merchantability, fitness for a particular purpose, quiet enjoyment, or non-infringement. Quantcast makes no warranty that the Services, the Quantcast website, or the Quantcast content will (1) meet your requirements, (2) be available on an uninterrupted, secure, or error-free basis, or (3) not cause any latency or processing delays. Quantcast is under no obligation to retain any Measurement Data or to keep the site up and running for any period of time. Quantcast makes no warranty regarding the accuracy, timeliness, truthfulness, completeness, or reliability of any information obtained through the Services, the Quantcast website, or the Quantcast content. No information, whether oral or written, will create any warranty or representation not expressly made herein. The foregoing exclusions and disclaimers are an essential part of this Agreement and formed a basis for enabling Quantcast to offer the Services to you. Some jurisdictions do not allow exclusion of certain warranties so this disclaimer may not apply to you in full.
- Suspension and Termination.
Unless otherwise terminated as set forth herein, this Agreement will remain in full force and effect while you use the Services. You may terminate your Quantcast account and this Agreement at any time by both (i) “dequantifying” by deleting all Reachpoints from your profile on the Quantcast website (or, alternatively, by emailing contact@quantcast.com (if you are resident in the US) or contact.dublin@quantcast.com (if you are resident outside the US) with your complete account information and explicit request to terminate) and (ii) removing the Tags from all of your Reachpoints. Quantcast may terminate or suspend your access to the Services or terminate this Agreement at any time, for any reason or no reason and without any liability to you. Upon termination, all licenses and other rights granted to you under this Agreement will immediately cease. Quantcast will not be liable to you or any third party for termination of this Agreement (whether by Quantcast or by you) or any termination or suspension of your use of the Services. Upon any termination or suspension, information in connection with your account may no longer be accessed by you. Notwithstanding the above, Sections 4 through 9, Sections 11 through 13, and the second paragraph of Section 3 will survive termination.
- Modification of the Service and of the Terms.
Quantcast reserves the right, in its sole discretion, to modify or discontinue the Quantcast website and Services without notice. Quantcast may also modify this Agreement from time to time. If the modified Agreement is not acceptable to you, you may terminate your account within 30 days by following the two-step procedure described in Section 9. Use of the Quantcast website, use of any Tag to contact Quantcast’s servers, or use of the Services will constitute your acceptance thereof.
- Limitation of Liability.
In no event will Quantcast be liable to you or any third party for any consequential loss, exemplary damages, incidental loss, special damages or loss, lost profit, loss or deletion of Measurement Data or Measurement Results, or punitive damages arising from your use of the Services, even if Quantcast has been advised of the possibility of such damages. These limitations formed a basis for enabling Quantcast to offer these Services to you. This paragraph will apply regardless of any failure of the exclusive remedy provided in the following paragraph.
Except with regard to Quantcast’s obligations under Section 7, liability stemming from death or personal injury resulting from Quantcast’s negligence, or Quantcast’s fraud, notwithstanding anything to the contrary contained herein, Quantcast’s liability to you for any cause whatsoever and regardless of the form of the action, will at all times be limited to two hundred fifty U.S. dollars (US$250.00).
- Miscellaneous.
This Agreement constitutes the entire Agreement between the parties with respect to the Services and supersedes all previous and contemporaneous agreements, proposals, and communications, written or oral between Quantcast and you with respect thereto. Any agreements regarding the delivery or use of advertising segments will govern the parties’ relationship in connection with the applicable segments but will not affect the parties’ rights, restrictions, or obligations under this Agreement, which the parties acknowledge as separate subject matter. Any waiver by either party of any violation of this Agreement will not be deemed to waive any further or future violation of the same or any other provision. If any parts or provisions of this Agreement are held to be unenforceable, then you and Quantcast agree that such parts or provisions will be given maximum permissible force and effect and the remainder of the Agreement will be fully enforceable. You and Quantcast agree that there are no third party beneficiaries of any promises, obligations or representations made by Quantcast. Either Party may assign its rights, data, and duties, under this Agreement in their entirety in connection with a sale of all (or substantially all) of its assets relating to this Agreement, a merger, or a reorganization. Nothing in this Agreement will constitute a partnership or joint venture or joint controllership between you and Quantcast. This Agreement and any dispute relating to this Agreement will be governed by the laws of the United States and the laws of the State of California, without regard to U.S. or California choice of law rules. You and Quantcast agree and consent that jurisdiction, proper venue, and the most convenient forums for all claims, actions, and proceedings of any kind relating to Quantcast or the matters in this Agreement will be exclusively in courts located in San Francisco, California. This Agreement is drafted in the English language. Any translation into another language is provided for convenience only. In the event of any inconsistency between the English language version and any translation, the English language version shall prevail.
- Notice.
All notices or other communications to Quantcast from you will be deemed given only when received by hand delivery, electronic mail, or prepaid first class mail, at the address below or any other address provided by Quantcast to you for these purposes:
Persons in the United States, please contact:
Quantcast Corp.
795 Folsom Street
San Francisco, CA 94107
Attn: Legal Department
Email: contact@quantcast.com
Persons outside of the United States, please contact:
Quantcast International Limited
Beaux Lane House
Lower Mercer Street, 1st Floor
Dublin 2, Ireland
Attn: Legal Department
Email: contact.dublin@quantcast.com
- Definitions
“Applicable Privacy Laws” means any applicable international, federal, state, or local privacy or data protection laws, statutes or regulations as may be amended, extended or re-enacted from time to time, including but not limited to (a) the EU General Data Protection Regulation 2016/679 (“GDPR”) and any EU Member State laws implementing GDPR; (b) the California Consumer Privacy Act, Cal. Civ. Code § 1798.100 et seq. as amended, including by the California Privacy Rights Act and implementing regulations (“CCPA”); (c) the e-Privacy Directive 2002/58/EC, as amended and as transposed into EU Member State law and any legislation replacing the e-Privacy Directive; (d) The Brazilian General Data Protection Law, Law No. 13.709, of August 14, 2018 (“LGPD”)”.
“Authorized Affiliate”means a third party that you allow to use your Tag, your account, or the Measurement Results.
“Business” has the same meaning as in CCPA.
“Measurement Data”has the meaning given to it in Section 1.
“Measurement Results”has the meaning defined in Section 1.
“Personal Information” means information that identifies, relates to, describes, is reasonably capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular individual or household and any other information that may otherwise be considered “personal information” or “personal data” under Applicable Privacy Law.
“Quantcast Content”means the content of the Quantcast website and the Services, including the Measurement Data and Measurement Results.
“Quantcast Property” has the meaning given to it in Section 6.
“Reachpoint”has the meaning given to it in Section 1.
“Services”means Quantcast Measurement: the digital audience ratings service that allows you (or an Authorized Affiliate) to define and measure specific online events by tagging Reachpoints, as described herein and as governed by these terms and conditions.
“Tag”means the particular javascript or other audience measurement code or software development kit provided to you by Quantcast, which allows Quantcast to set a cookie and embeddable on web pages, media files, and other Reachpoints, together with any labels and any fixes, updates, and upgrades provided to you.
“Technology”means, separately and collectively, the Tags, and Quantcast’s proprietary technology that generates the Measurement Results.
- Contracting Party.
If you reside in the US this Agreement is between you and Quantcast Corporation. If you reside outside of the US, this Agreement is between you and Quantcast International Limited, an Irish limited liability company. References to “Quantcast”, “us”, “we” and “our” mean either Quantcast Corporation or Quantcast International Limited as appropriate.
Effective July 23, 2021 to August 17, 2023
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Quantcast Measure and Q for Publishers Terms of Service
Effective: January 1, 2020
Once you have agreed to these Terms and Conditions you will be able to download and install the Quantcast Measure Tag. These terms will apply only after such download and installation.
This Quantcast Measure and Q for Publishers Terms of Service (this “Agreement”) describes the terms and conditions on which Quantcast makes Quantcast Measure and Q for Publishers (the “Services”) available to you.
BY CLICKING THE “I ACCEPT” BUTTON, COMPLETING THE REGISTRATION PROCESS, OR USING THE SERVICES, YOU ARE AGREEING TO BE BOUND BY THIS AGREEMENT. IF YOU ARE ENTERING INTO THIS AGREEMENT ON BEHALF OF A COMPANY OR OTHER LEGAL ENTITY, YOU REPRESENT THAT YOU HAVE THE AUTHORITY TO BIND SUCH ENTITY, IN WHICH CASE THE TERMS “YOU” OR “YOUR” WILL REFER TO SUCH ENTITY (OR, IF SUCH ENTITY IS ACTING AS AN AUTHORIZED AFFILIATE, THEN THE TERMS “YOU” OR “YOUR” WILL REFER TO SUCH ENTITY, THE AUTHORIZING PARTY(IES), OR BOTH, AS APPLICABLE). QUANTCAST MAY MODIFY THIS AGREEMENT FROM TIME TO TIME; CONTINUED USE 30 DAYS AFTER NOTIFICATION WILL CONSTITUTE ACCEPTANCE (SEE SECTION 10).
Capitalized terms not otherwise defined herein are defined in Section 14.
- Introduction: Reachpoints, Tags, and Measurement Data.
Quantcast Measure is a free digital audience measurement service that allows you to tag web pages, video, advertisements, apps, content, and paid search campaigns (what we call, “Reachpoints”) for direct measurement.
You can also define and measure actions and events by customizing your Tags with labels. You have complete control over (and are solely responsible for) which Reachpoints are tagged, how segments are labelled (e.g., with meaningful or obfuscated names), and how the resulting Measurement Results are or are not disclosed publicly.
Each time a browser visits your tagged Reachpoints, Quantcast may, in accordance with Applicable Privacy Laws, collect traffic statistics like those in any web server log (what we call, “Measurement Data”). We then apply proprietary Quantcast algorithms and other data to the Measurement Data to generate the “Measurement Results”, which we make available to you on the Quantcast website (see Section 3). For more information about how the Services work, please see our FAQ.
To measure Reachpoints that you do not own or control, you may provide your Tag to a third party who accepts this Agreement (any such third party, an “Authorized Affiliate”); you may also instruct us to give the Authorized Affiliate access to the Measurement Results.
- Registration.
In order to access the Services you must register for a Quantcast account on the Quantcast website. Each new app you Tag requires its own registration and then receives its own unique API key. In registering, you agree to provide accurate, current, and complete information, and to keep it up to date. Any processing of Personal Data when registering for a Quantcast account will be processed in accordance with the Quantcast Privacy Policy which you can access here.
You are responsible for keeping your password confidential. You hereby take responsibility for all actions taken—and instructions provided to Quantcast—under your account or with the Measurement Results, by you or any third parties, whether or not authorized. You will notify Quantcast immediately of any unauthorized or non-compliant use of your account and will cooperate with us in stopping it.
- Measurement Data and Results.
Quantcast uses each piece of Measurement Data both to understand your audience (for your benefit only) and as one of trillions of data points for predictive analytics and in determining what content and advertising to show individuals across the internet and other digital applications. You acknowledge that Quantcast may use Personal Information it receives from you to provide services to other Quantcast clients or for Quantcast’s commercial interests that may be unrelated to providing the Services to you.
Quantcast will never sell your audience (whether identified as such or not) and you control the extent to which Quantcast displays the Measurement Results.
Quantcast grants you perpetual rights to use, copy, and distribute the Measurement Results, including with our sharable widgets, only as long as you:
- Credit Us. Conspicuously include: “Source: Quantcast www.quantcast.com”;
- Present the Measurement Results Exactly as We Provided It. Do not: (i) manipulate or modify the Measurement Results to state or suggest different results from those specifically presented by Quantcast; (ii) combine information related to different Quantcast profiles (for example, by adding together the reach from two different sites instead of presenting the cross-site unduplicated reach measurement provided by Quantcast); (iii) quantitatively aggregate or combine information in the Measurement Results with information derived from other sources (but offering a comparison with information derived from other sources is permissible);
- Don’t Use Our Work to Compete with Us. Do not use the information in the Measurement Results in any way that competes with Quantcast; and
- Bind Third Parties. If you provide the information in the Measurement Results directly to any third party (rather than by having them access the information through the Quantcast website), you must ensure that they agree to be bound by and comply with the terms of this Agreement including the foregoing requirements.
- Tagging Rules and Privacy.
You agree not to misrepresent your digital traffic, audience, or user activity in connection with Quantcast, the Services, or any Tags. You agree not to tag any adware or spyware inventory, or any Reachpoint revealing precise geographic location (i.e., information that describes the precise location of a device derived through any technology that is capable of determining with reasonable specificity the actual physical location of an individual or device), specific health / medical /sex-life information, credit card or financial data, or criminal convictions or charges. In addition, if you are an EU established company or person or your Reachpoints are directed towards end users in the EU, you agree not to tag any Reachpoint revealing other sensitive or special category Personal Data, including racial or ethnic origin, political opinions or parties, religious or philosophical beliefs, or trade union membership. If you represent to Quantcast (e.g., during the signup process) that your Reachpoints are directed to users under the age of 16, Quantcast will not collect any Personal Data from such Reachpoints and you will not receive those of our services that require collection of data across different websites. You will not modify the Tag other than as described in a Quantcast Learning Center Guide. You agree to update your Tag (which may require retagging your Reachpoints) when we notify you of any Tag fixes, updates or upgrades. You will use the Tag in the top most frame possible. You will retain the Tag’s origin address that we provided, in full.
You agree to comply with Applicable Privacy Laws and also industry self-regulation Principles and Codes of Conduct for interest-based advertising in connection with your use of the Tag and the Services. You agree not to use the Services to track or collect personally identifiable information of end users. To the extent that the web pages or apps in which you place the Technology are accessed by end users in the EU, you agree to implement a transparency and consent solution compatible with the IAB Europe Transparency and Consent Framework (such as Quantcast Choice) or another solution mutually agreed by both parties in writing. While you are implementing such consent solution, you agree to (i) obtain consent for Quantcast to use cookies and similar technologies in compliance with Applicable Privacy Laws, (ii) provide proof of such consent if requested by Quantcast, and (iii) not permit calls from your web pages or apps to Quantcast servers if such consent has not be obtained. Wherever possible, you agree to name Quantcast as a party for or by whom cookies or similar technologies are used to access the device and Personal Data is collected through your webpages or apps.
You further agree to prominently display to end users a user friendly, easily accessible, clear and comprehensive privacy policy (and, if necessitated by Applicable Privacy Laws, a separate cookie policy) that, where required, complies with Applicable Privacy Laws and contains the following (a) a statement that your site or app permits data collection for interest-based advertising, (ii) a description of the types of data collected for such advertising, (iii) an explanation of the purposes for which data is collected by, or transferred to, third parties, and (iv) a conspicuous link to either an opt-out mechanism, such as the NAI or DAA opt-outs for non-EU established companies or a consent revocation page for EU established companies. If you use the Services to collect data from a network of domains or subdomains, you will inform each in advance of such disclosures.
In the case of app measurement, operating system platforms provide device-level setting options that allow end users to indicate their preference with respect to third party data collection and targeted advertising (the “Ad Preference Setting”). Quantcast treats these device level Ad Preference Settings as consumer opt-outs and you will accurately pass the Ad Preference Setting to Quantcast. You will not send any identifier associated with a device to the extent that such device has otherwise indicated that the end user wishes to be opted out of advertisement tracking.
To the extent that GDPR applies, you and Quantcast are each separate and independent data controllers of any Personal Data which you and we may disclose or receive under this Agreement. You and Quantcast, pursuant to this Agreement, do not and will not jointly determine the purposes or the means of processing of any Personal Data disclosed or received under this Agreement.
To the extent that CCPA applies, Quantcast is a Third Party in its relationship with you regarding your use of the Services.
If you are a Business subject to CCPA, you agree to prominently post a “Do Not Sell My Personal Information” link on all of your Reachpoints, and to provide consumers with the disclosures required of Businesses by CCPA.
- Restrictions.
You agree to use the Services only in accordance with the terms and conditions of this Agreement. You will not use the Service to engage in any illegal or offensive acts or serve any illegal content via any Reachpoint. You will not:
- Interfere or attempt to interfere with the operation or security-related features of the Services or the Technology;
- Delete, or in any manner alter, the copyright, trademark, or other proprietary rights notices appearing on any Quantcast Content;
- Represent that Quantcast endorses or supports your services; make any representations and warranties concerning any aspect of the Services, the Technology, or Measurement Results to any Authorized Third Parties or other third parties; or
- Attempt to index, scrape, search, or crawl the Services or the Quantcast website with any automated process; or attempt to access any information or technology relating to the Services, the Quantcast website, or our proprietary algorithms through any means not intentionally made available by Quantcast to you.
- Quantcast Rights.
All right, title, and interest, including intellectual property rights, in and to the Quantcast website, the Services, the Technology, and the Quantcast Content are and will remain the exclusive property of Quantcast (“Quantcast Property”). Except as expressly permitted in this Agreement, you will not reproduce, modify, or prepare derivative works based upon, distribute, license, sell, transfer, publicly display, publicly perform, transmit, or use such Quantcast Property. In the event that your Quantcast account is suspended or terminated, Quantcast will continue to respect this Agreement’s limits on our use of the Measurement Data and will cease all public display of the Measurement Results.
Quantcast servers may choose to occasionally respond to any publisher’s Tag by redirecting the browser to a third-party anonymous beacon to support the provision of Quantcast services in market. The decision to beacon is not related to you, your traffic, or your user base.
- Indemnity.
Quantcast agrees to defend, indemnify, and hold you harmless from any judgments, damages, loss, liability, or costs (including reasonable attorneys’ fees) resulting from a third-party claim that the Technology or the Services infringe any U.S. or European intellectual property rights, provided that you (i) promptly inform and furnish Quantcast with a copy of each related communication and action, (ii) allow Quantcast to assume full control of the defense and settlement, and (iii) assist and cooperate with Quantcast, at Quantcast’s expense. Quantcast will have no obligation or liability hereunder where the claim results from any combination with, addition to, or modification of the Services or the Technology, from your failure to update your Tag, from your or any Authorized Affiliate breach of this Agreement, or from failure to obtain consent for your and our use of cookies or other tracking technology in accordance with Applicable Privacy Laws. If the Services or Technology become, or, in Quantcast’s opinion are likely to become, the subject of a third-party claim against you, Quantcast may, at its option and expense, procure rights for you to continue using the Services or the Technology, replace or modify the same so that it performs substantially similar functions but does not infringe, or terminate this Agreement. The foregoing states the sole and exclusive liability of Quantcast and your sole remedy with respect to third party claims of any kind.
You agree to indemnify and hold Quantcast harmless from any judgments, damages, loss, liability, or costs (including reasonable attorneys’ fees) resulting from a third-party claim resulting from your failure to update your Tag when we notify you of any Tag fixes, updates or upgrades.
- Warranty Disclaimer.
The services and related information are provided “as is,” without warranty or condition of any kind, either express or implied. Without limiting the foregoing, Quantcast explicitly disclaims any warranties of merchantability, fitness for a particular purpose, quiet enjoyment, or non-infringement. Quantcast makes no warranty that the Services, the Quantcast website, or the Quantcast content will (1) meet your requirements, (2) be available on an uninterrupted, secure, or error-free basis, or (3) not cause any latency or processing delays. Quantcast is under no obligation to retain any Measurement Data or to keep the site up and running for any period of time. Quantcast makes no warranty regarding the accuracy, timeliness, truthfulness, completeness, or reliability of any information obtained through the Services, the Quantcast website, or the Quantcast content. No information, whether oral or written, will create any warranty or representation not expressly made herein. The foregoing exclusions and disclaimers are an essential part of this Agreement and formed a basis for enabling Quantcast to offer the Services to you. Some jurisdictions do not allow exclusion of certain warranties so this disclaimer may not apply to you in full.
- Suspension and Termination.
Unless otherwise terminated as set forth herein, this Agreement will remain in full force and effect while you use the Services. You may terminate your Quantcast account and this Agreement at any time by both (i) “dequantifying” by deleting all Reachpoints from your profile on the Quantcast website (or, alternatively, by emailing contact@quantcast.com (if you are resident in the US) or contact.dublin@quantcast.com (if you are resident outside the US) with your complete account information and explicit request to terminate) and (ii) removing the Tags from all of your Reachpoints. Quantcast may terminate or suspend your access to the Services or terminate this Agreement at any time, for any reason or no reason and without any liability to you. Upon termination, all licenses and other rights granted to you under this Agreement will immediately cease. Quantcast will not be liable to you or any third party for termination of this Agreement (whether by Quantcast or by you) or any termination or suspension of your use of the Services. Upon any termination or suspension, information in connection with your account may no longer be accessed by you. Notwithstanding the above, Sections 4 through 9, Sections 11 through 13, and the second paragraph of Section 3 will survive termination.
- Modification of the Service and of the Terms.
Quantcast reserves the right, in its sole discretion, to modify or discontinue the Quantcast website and Services without notice. Quantcast may also modify this Agreement from time to time. If the modified Agreement is not acceptable to you, you may terminate your account within 30 days by following the two-step procedure described in Section 9. Use of the Quantcast website, use of any Tag to contact Quantcast’s servers, or use of the Services, after 30 days, will constitute your acceptance thereof.
- Limitation of Liability.
In no event will Quantcast be liable to you or any third party for any consequential loss, exemplary damages, incidental loss, special damages or loss, lost profit, loss or deletion of Measurement Data or Measurement Results, or punitive damages arising from your use of the Services, even if Quantcast has been advised of the possibility of such damages. These limitations formed a basis for enabling Quantcast to offer these Services to you. This paragraph will apply regardless of any failure of the exclusive remedy provided in the following paragraph.
Except with regard to Quantcast’s obligations under Section 7, liability stemming from death or personal injury resulting from Quantcast’s negligence, or Quantcast’s fraud, notwithstanding anything to the contrary contained herein, Quantcast’s liability to you for any cause whatsoever and regardless of the form of the action, will at all times be limited to two hundred fifty U.S. dollars (US$250.00).
- Miscellaneous.
This Agreement constitutes the entire Agreement between the parties with respect to the Services and supersedes all previous and contemporaneous agreements, proposals, and communications, written or oral between Quantcast and you with respect thereto. Any agreements regarding the delivery or use of advertising segments will govern the parties’ relationship in connection with the applicable segments but will not affect the parties’ rights, restrictions, or obligations under this Agreement, which the parties acknowledge as separate subject matter. Any waiver by either party of any violation of this Agreement will not be deemed to waive any further or future violation of the same or any other provision. If any parts or provisions of this Agreement are held to be unenforceable, then you and Quantcast agree that such parts or provisions will be given maximum permissible force and effect and the remainder of the Agreement will be fully enforceable. You and Quantcast agree that there are no third party beneficiaries of any promises, obligations or representations made by Quantcast. Either Party may assign its rights, data, and duties, under this Agreement in their entirety in connection with a sale of all (or substantially all) of its assets relating to this Agreement, a merger, or a reorganization. Nothing in this Agreement will constitute a partnership or joint venture or joint controllership between you and Quantcast. This Agreement and any dispute relating to this Agreement will be governed by the laws of the United States and the laws of the State of California, without regard to U.S. or California choice of law rules. You and Quantcast agree and consent that jurisdiction, proper venue, and the most convenient forums for all claims, actions, and proceedings of any kind relating to Quantcast or the matters in this Agreement will be exclusively in courts located in San Francisco, California. This Agreement is drafted in the English language. Any translation into another language is provided for convenience only. In the event of any inconsistency between the English language version and any translation, the English language version shall prevail.
- Notice.
All notices or other communications to Quantcast from you will be deemed given only when received by hand delivery, electronic mail, or prepaid first class mail, at the address below or any other address provided by Quantcast to you for these purposes:
Persons in the United States, please contact:
Quantcast Corp.
795 Folsom Street
San Francisco, CA 94107
Attn: Legal Department
Email: contact@quantcast.com
Persons outside of the United States, please contact:
Quantcast International Limited
Beaux Lane House
Lower Mercer Street, 1st Floor
Dublin 2, Ireland
Attn: Legal Department
Email: contact.dublin@quantcast.com
- Definitions
“Applicable Privacy Laws” means any applicable privacy or data protection laws, statutes or regulations as may be amended, extended or re-enacted from time to time, including, where applicable, (a) the EU General Data Protection Regulation 2016/679 (“GDPR”) and any EU Member State laws implementing GDPR; (b) the California Consumer Privacy Act, Cal. Civ. Code § 1798.100 et seq. (“CCPA”); and; (c) the e-Privacy Directive 2002/58/EC, as amended and as transposed into EU Member State law and any legislation replacing the e-Privacy Directive.
“Authorized Affiliate” means a third party that you allow to use your Tag, your account, or the Measurement Results.
“Business” has the same meaning as in CCPA.
“Measurement Data” has the meaning given to it in Section 1.
“Measurement Results” has the meaning defined in Section 1.
“Personal Data” has the same meaning as in GDPR.
“Personal Information” has the same meaning as in CCPA.
“Quantcast Content” means the content of the Quantcast website and the Services, including the Measurement Data and Measurement Results.
“Quantcast Property” has the meaning given to it in Section 6.
“Reachpoint” has the meaning given to it in Section 1.
“Services” means Quantcast Measurement: the digital audience ratings service that allows you (or an Authorized Affiliate) to define and measure specific online events by tagging Reachpoints, as described herein and as governed by these terms and conditions.
“Tag” means the particular javascript or other audience measurement code or software development kit provided to you by Quantcast, which allows Quantcast to set a cookie and embeddable on web pages, media files, and other Reachpoints, together with any labels and any fixes, updates, and upgrades provided to you.
“Technology” means, separately and collectively, the Tags, and Quantcast’s proprietary technology that generates the Measurement Results.
“Third Party” has the same meaning as in CCPA.
- Contracting Party.
If you reside in the US this Agreement is between you and Quantcast Corporation. If you reside outside of the US, this Agreement is between you and Quantcast International Limited, an Irish limited liability company. References to “Quantcast”, “us”, “we” and “our” mean either Quantcast Corporation or Quantcast International Limited as appropriate.
Effective July 21, 2021 to July 23, 2021
DownloadTable of Contents
Quantcast Measure and Q for Publishers Terms of Service
Effective: January 1, 2020
Once you have agreed to these Terms and Conditions you will be able to download and install the Quantcast Measure Tag. These terms will apply on after such download and installation.
This Quantcast Measure and Q for Publishers Terms of Service (this “Agreement”) describes the terms and conditions on which Quantcast makes Quantcast Measure and Q for Publishers (the “Services”) available to you.
BY CLICKING THE “I ACCEPT” BUTTON, COMPLETING THE REGISTRATION PROCESS, OR USING THE SERVICES, YOU ARE AGREEING TO BE BOUND BY THIS AGREEMENT. IF YOU ARE ENTERING INTO THIS AGREEMENT ON BEHALF OF A COMPANY OR OTHER LEGAL ENTITY, YOU REPRESENT THAT YOU HAVE THE AUTHORITY TO BIND SUCH ENTITY, IN WHICH CASE THE TERMS “YOU” OR “YOUR” WILL REFER TO SUCH ENTITY (OR, IF SUCH ENTITY IS ACTING AS AN AUTHORIZED AFFILIATE, THEN THE TERMS “YOU” OR “YOUR” WILL REFER TO SUCH ENTITY, THE AUTHORIZING PARTY(IES), OR BOTH, AS APPLICABLE). QUANTCAST MAY MODIFY THIS AGREEMENT FROM TIME TO TIME; CONTINUED USE 30 DAYS AFTER NOTIFICATION WILL CONSTITUTE ACCEPTANCE (SEE SECTION 10).
Capitalized terms not otherwise defined herein are defined in Section 14.
- Introduction: Reachpoints, Tags, and Measurement Data.
Quantcast Measure is a free digital audience measurement service that allows you to tag web pages, video, advertisements, apps, content, and paid search campaigns (what we call, “Reachpoints”) for direct measurement.
You can also define and measure actions and events by customizing your Tags with labels. You have complete control over (and are solely responsible for) which Reachpoints are tagged, how segments are labelled (e.g., with meaningful or obfuscated names), and how the resulting Measurement Results are or are not disclosed publicly.
Each time a browser visits your tagged Reachpoints, Quantcast may, in accordance with Applicable Privacy Laws, collect traffic statistics like those in any web server log (what we call, “Measurement Data”). We then apply proprietary Quantcast algorithms and other data to the Measurement Data to generate the “Measurement Results”, which we make available to you on the Quantcast website (see Section 3). For more information about how the Services work, please see our FAQ.
To measure Reachpoints that you do not own or control, you may provide your Tag to a third party who accepts this Agreement (any such third party, an “Authorized Affiliate”); you may also instruct us to give the Authorized Affiliate access to the Measurement Results.
- Registration.
In order to access the Services you must register for a Quantcast account on the Quantcast website. Each new app you Tag requires its own registration and then receives its own unique API key. In registering, you agree to provide accurate, current, and complete information, and to keep it up to date. Any processing of Personal Data when registering for a Quantcast account will be processed in accordance with the Quantcast Privacy Policy which you can access here.
You are responsible for keeping your password confidential. You hereby take responsibility for all actions taken—and instructions provided to Quantcast—under your account or with the Measurement Results, by you or any third parties, whether or not authorized. You will notify Quantcast immediately of any unauthorized or non-compliant use of your account and will cooperate with us in stopping it.
- Measurement Data and Results.
Quantcast uses each piece of Measurement Data both to understand your audience (for your benefit only) and as one of trillions of data points for predictive analytics and in determining what content and advertising to show individuals across the internet and other digital applications. You acknowledge that Quantcast may use Personal Information it receives from you to provide services to other Quantcast clients or for Quantcast’s commercial interests that may be unrelated to providing the Services to you.
Quantcast will never sell your audience (whether identified as such or not) and you control the extent to which Quantcast displays the Measurement Results.
Quantcast grants you perpetual rights to use, copy, and distribute the Measurement Results, including with our sharable widgets, only as long as you:
- Credit Us. Conspicuously include: “Source: Quantcast www.quantcast.com”;
- Present the Measurement Results Exactly as We Provided It. Do not: (i) manipulate or modify the Measurement Results to state or suggest different results from those specifically presented by Quantcast; (ii) combine information related to different Quantcast profiles (for example, by adding together the reach from two different sites instead of presenting the cross-site unduplicated reach measurement provided by Quantcast); (iii) quantitatively aggregate or combine information in the Measurement Results with information derived from other sources (but offering a comparison with information derived from other sources is permissible);
- Don’t Use Our Work to Compete with Us. Do not use the information in the Measurement Results in any way that competes with Quantcast; and
- Bind Third Parties. If you provide the information in the Measurement Results directly to any third party (rather than by having them access the information through the Quantcast website), you must ensure that they agree to be bound by and comply with the terms of this Agreement including the foregoing requirements.
- Tagging Rules and Privacy.
You agree not to misrepresent your digital traffic, audience, or user activity in connection with Quantcast, the Services, or any Tags. You agree not to tag any adware or spyware inventory, or any Reachpoint revealing precise geographic location (i.e., information that describes the precise location of a device derived through any technology that is capable of determining with reasonable specificity the actual physical location of an individual or device), specific health / medical /sex-life information, credit card or financial data, or criminal convictions or charges. In addition, if you are an EU established company or person or your Reachpoints are directed towards end users in the EU, you agree not to tag any Reachpoint revealing other sensitive or special category Personal Data, including racial or ethnic origin, political opinions or parties, religious or philosophical beliefs, or trade union membership. If you represent to Quantcast (e.g., during the signup process) that your Reachpoints are directed to users under the age of 16, Quantcast will not collect any Personal Data from such Reachpoints and you will not receive those of our services that require collection of data across different websites. You will not modify the Tag other than as described in a Quantcast Learning Center Guide. You agree to update your Tag (which may require retagging your Reachpoints) when we notify you of any Tag fixes, updates or upgrades. You will use the Tag in the top most frame possible. You will retain the Tag’s origin address that we provided, in full.
You agree to comply with Applicable Privacy Laws and also industry self-regulation Principles and Codes of Conduct for interest-based advertising in connection with your use of the Tag and the Services. You agree not to use the Services to track or collect personally identifiable information of end users. To the extent that the web pages or apps in which you place the Technology are accessed by end users in the EU, you agree to implement a transparency and consent solution compatible with the IAB Europe Transparency and Consent Framework (such as Quantcast Choice) or another solution mutually agreed by both parties in writing. While you are implementing such consent solution, you agree to (i) obtain consent for Quantcast to use cookies and similar technologies in compliance with Applicable Privacy Laws, (ii) provide proof of such consent if requested by Quantcast, and (iii) not permit calls from your web pages or apps to Quantcast servers if such consent has not be obtained. Wherever possible, you agree to name Quantcast as a party for or by whom cookies or similar technologies are used to access the device and Personal Data is collected through your webpages or apps.
You further agree to prominently display to end users a user friendly, easily accessible, clear and comprehensive privacy policy (and, if necessitated by Applicable Privacy Laws, a separate cookie policy) that, where required, complies with Applicable Privacy Laws and contains the following (a) a statement that your site or app permits data collection for interest-based advertising, (ii) a description of the types of data collected for such advertising, (iii) an explanation of the purposes for which data is collected by, or transferred to, third parties, and (iv) a conspicuous link to either an opt-out mechanism, such as the NAI or DAA opt-outs for non-EU established companies or a consent revocation page for EU established companies. If you use the Services to collect data from a network of domains or subdomains, you will inform each in advance of such disclosures.
In the case of app measurement, operating system platforms provide device-level setting options that allow end users to indicate their preference with respect to third party data collection and targeted advertising (the “Ad Preference Setting”). Quantcast treats these device level Ad Preference Settings as consumer opt-outs and you will accurately pass the Ad Preference Setting to Quantcast. You will not send any identifier associated with a device to the extent that such device has otherwise indicated that the end user wishes to be opted out of advertisement tracking.
To the extent that GDPR applies, you and Quantcast are each separate and independent data controllers of any Personal Data which you and we may disclose or receive under this Agreement. You and Quantcast, pursuant to this Agreement, do not and will not jointly determine the purposes or the means of processing of any Personal Data disclosed or received under this Agreement.
To the extent that CCPA applies, Quantcast is a Third Party in its relationship with you regarding your use of the Services.
If you are a Business subject to CCPA, you agree to prominently post a “Do Not Sell My Personal Information” link on all of your Reachpoints, and to provide consumers with the disclosures required of Businesses by CCPA.
- Restrictions.
You agree to use the Services only in accordance with the terms and conditions of this Agreement. You will not use the Service to engage in any illegal or offensive acts or serve any illegal content via any Reachpoint. You will not:
- Interfere or attempt to interfere with the operation or security-related features of the Services or the Technology;
- Delete, or in any manner alter, the copyright, trademark, or other proprietary rights notices appearing on any Quantcast Content;
- Represent that Quantcast endorses or supports your services; make any representations and warranties concerning any aspect of the Services, the Technology, or Measurement Results to any Authorized Third Parties or other third parties; or
- Attempt to index, scrape, search, or crawl the Services or the Quantcast website with any automated process; or attempt to access any information or technology relating to the Services, the Quantcast website, or our proprietary algorithms through any means not intentionally made available by Quantcast to you.
- Quantcast Rights.
All right, title, and interest, including intellectual property rights, in and to the Quantcast website, the Services, the Technology, and the Quantcast Content are and will remain the exclusive property of Quantcast (“Quantcast Property”). Except as expressly permitted in this Agreement, you will not reproduce, modify, or prepare derivative works based upon, distribute, license, sell, transfer, publicly display, publicly perform, transmit, or use such Quantcast Property. In the event that your Quantcast account is suspended or terminated, Quantcast will continue to respect this Agreement’s limits on our use of the Measurement Data and will cease all public display of the Measurement Results.
Quantcast servers may choose to occasionally respond to any publisher’s Tag by redirecting the browser to a third-party anonymous beacon to support the provision of Quantcast services in market. The decision to beacon is not related to you, your traffic, or your user base.
- Indemnity.
Quantcast agrees to defend, indemnify, and hold you harmless from any judgments, damages, loss, liability, or costs (including reasonable attorneys’ fees) resulting from a third-party claim that the Technology or the Services infringe any U.S. or European intellectual property rights, provided that you (i) promptly inform and furnish Quantcast with a copy of each related communication and action, (ii) allow Quantcast to assume full control of the defense and settlement, and (iii) assist and cooperate with Quantcast, at Quantcast’s expense. Quantcast will have no obligation or liability hereunder where the claim results from any combination with, addition to, or modification of the Services or the Technology, from your failure to update your Tag, from your or any Authorized Affiliate breach of this Agreement, or from failure to obtain consent for your and our use of cookies or other tracking technology in accordance with Applicable Privacy Laws. If the Services or Technology become, or, in Quantcast’s opinion are likely to become, the subject of a third-party claim against you, Quantcast may, at its option and expense, procure rights for you to continue using the Services or the Technology, replace or modify the same so that it performs substantially similar functions but does not infringe, or terminate this Agreement. The foregoing states the sole and exclusive liability of Quantcast and your sole remedy with respect to third party claims of any kind.
You agree to indemnify and hold Quantcast harmless from any judgments, damages, loss, liability, or costs (including reasonable attorneys’ fees) resulting from a third-party claim resulting from your failure to update your Tag when we notify you of any Tag fixes, updates or upgrades.
- Warranty Disclaimer.
The services and related information are provided “as is,” without warranty or condition of any kind, either express or implied. Without limiting the foregoing, Quantcast explicitly disclaims any warranties of merchantability, fitness for a particular purpose, quiet enjoyment, or non-infringement. Quantcast makes no warranty that the Services, the Quantcast website, or the Quantcast content will (1) meet your requirements, (2) be available on an uninterrupted, secure, or error-free basis, or (3) not cause any latency or processing delays. Quantcast is under no obligation to retain any Measurement Data or to keep the site up and running for any period of time. Quantcast makes no warranty regarding the accuracy, timeliness, truthfulness, completeness, or reliability of any information obtained through the Services, the Quantcast website, or the Quantcast content. No information, whether oral or written, will create any warranty or representation not expressly made herein. The foregoing exclusions and disclaimers are an essential part of this Agreement and formed a basis for enabling Quantcast to offer the Services to you. Some jurisdictions do not allow exclusion of certain warranties so this disclaimer may not apply to you in full.
- Suspension and Termination.
Unless otherwise terminated as set forth herein, this Agreement will remain in full force and effect while you use the Services. You may terminate your Quantcast account and this Agreement at any time by both (i) “dequantifying” by deleting all Reachpoints from your profile on the Quantcast website (or, alternatively, by emailing contact@quantcast.com (if you are resident in the US) or contact.dublin@quantcast.com (if you are resident outside the US) with your complete account information and explicit request to terminate) and (ii) removing the Tags from all of your Reachpoints. Quantcast may terminate or suspend your access to the Services or terminate this Agreement at any time, for any reason or no reason and without any liability to you. Upon termination, all licenses and other rights granted to you under this Agreement will immediately cease. Quantcast will not be liable to you or any third party for termination of this Agreement (whether by Quantcast or by you) or any termination or suspension of your use of the Services. Upon any termination or suspension, information in connection with your account may no longer be accessed by you. Notwithstanding the above, Sections 4 through 9, Sections 11 through 13, and the second paragraph of Section 3 will survive termination.
- Modification of the Service and of the Terms.
Quantcast reserves the right, in its sole discretion, to modify or discontinue the Quantcast website and Services without notice. Quantcast may also modify this Agreement from time to time. If the modified Agreement is not acceptable to you, you may terminate your account within 30 days by following the two-step procedure described in Section 9. Use of the Quantcast website, use of any Tag to contact Quantcast’s servers, or use of the Services, after 30 days, will constitute your acceptance thereof.
- Limitation of Liability.
In no event will Quantcast be liable to you or any third party for any consequential loss, exemplary damages, incidental loss, special damages or loss, lost profit, loss or deletion of Measurement Data or Measurement Results, or punitive damages arising from your use of the Services, even if Quantcast has been advised of the possibility of such damages. These limitations formed a basis for enabling Quantcast to offer these Services to you. This paragraph will apply regardless of any failure of the exclusive remedy provided in the following paragraph.
Except with regard to Quantcast’s obligations under Section 7, liability stemming from death or personal injury resulting from Quantcast’s negligence, or Quantcast’s fraud, notwithstanding anything to the contrary contained herein, Quantcast’s liability to you for any cause whatsoever and regardless of the form of the action, will at all times be limited to two hundred fifty U.S. dollars (US$250.00).
- Miscellaneous.
This Agreement constitutes the entire Agreement between the parties with respect to the Services and supersedes all previous and contemporaneous agreements, proposals, and communications, written or oral between Quantcast and you with respect thereto. Any agreements regarding the delivery or use of advertising segments will govern the parties’ relationship in connection with the applicable segments but will not affect the parties’ rights, restrictions, or obligations under this Agreement, which the parties acknowledge as separate subject matter. Any waiver by either party of any violation of this Agreement will not be deemed to waive any further or future violation of the same or any other provision. If any parts or provisions of this Agreement are held to be unenforceable, then you and Quantcast agree that such parts or provisions will be given maximum permissible force and effect and the remainder of the Agreement will be fully enforceable. You and Quantcast agree that there are no third party beneficiaries of any promises, obligations or representations made by Quantcast. Either Party may assign its rights, data, and duties, under this Agreement in their entirety in connection with a sale of all (or substantially all) of its assets relating to this Agreement, a merger, or a reorganization. Nothing in this Agreement will constitute a partnership or joint venture or joint controllership between you and Quantcast. This Agreement and any dispute relating to this Agreement will be governed by the laws of the United States and the laws of the State of California, without regard to U.S. or California choice of law rules. You and Quantcast agree and consent that jurisdiction, proper venue, and the most convenient forums for all claims, actions, and proceedings of any kind relating to Quantcast or the matters in this Agreement will be exclusively in courts located in San Francisco, California. This Agreement is drafted in the English language. Any translation into another language is provided for convenience only. In the event of any inconsistency between the English language version and any translation, the English language version shall prevail.
- Notice.
All notices or other communications to Quantcast from you will be deemed given only when received by hand delivery, electronic mail, or prepaid first class mail, at the address below or any other address provided by Quantcast to you for these purposes:
Persons in the United States, please contact:
Quantcast Corp.
795 Folsom Street
San Francisco, CA 94107
Attn: Legal Department
Email: contact@quantcast.com
Persons outside of the United States, please contact:
Quantcast International Limited
Beaux Lane House
Lower Mercer Street, 1st Floor
Dublin 2, Ireland
Attn: Legal Department
Email: contact.dublin@quantcast.com
- Definitions
“Applicable Privacy Laws” means any applicable privacy or data protection laws, statutes or regulations as may be amended, extended or re-enacted from time to time, including, where applicable, (a) the EU General Data Protection Regulation 2016/679 (“GDPR”) and any EU Member State laws implementing GDPR; (b) the California Consumer Privacy Act, Cal. Civ. Code § 1798.100 et seq. (“CCPA”); and; (c) the e-Privacy Directive 2002/58/EC, as amended and as transposed into EU Member State law and any legislation replacing the e-Privacy Directive.
“Authorized Affiliate” means a third party that you allow to use your Tag, your account, or the Measurement Results.
“Business” has the same meaning as in CCPA.
“Measurement Data” has the meaning given to it in Section 1.
“Measurement Results” has the meaning defined in Section 1.
“Personal Data” has the same meaning as in GDPR.
“Personal Information” has the same meaning as in CCPA.
“Quantcast Content” means the content of the Quantcast website and the Services, including the Measurement Data and Measurement Results.
“Quantcast Property” has the meaning given to it in Section 6.
“Reachpoint” has the meaning given to it in Section 1.
“Services” means Quantcast Measurement: the digital audience ratings service that allows you (or an Authorized Affiliate) to define and measure specific online events by tagging Reachpoints, as described herein and as governed by these terms and conditions.
“Tag” means the particular javascript or other audience measurement code or software development kit provided to you by Quantcast, which allows Quantcast to set a cookie and embeddable on web pages, media files, and other Reachpoints, together with any labels and any fixes, updates, and upgrades provided to you.
“Technology” means, separately and collectively, the Tags, and Quantcast’s proprietary technology that generates the Measurement Results.
“Third Party” has the same meaning as in CCPA.
- Contracting Party.
If you reside in the US this Agreement is between you and Quantcast Corporation. If you reside outside of the US, this Agreement is between you and Quantcast International Limited, an Irish limited liability company. References to “Quantcast”, “us”, “we” and “our” mean either Quantcast Corporation or Quantcast International Limited as appropriate.
Choice Terms of Service (operated by Quantcast on behalf of InMobi)
Effective August 17, 2023
DownloadTable of Contents
Last Updated: Aug 17, 2023
These Terms of Service (collectively, this “Agreement”) describe the terms and conditions on which InMobi Pte Ltd (“InMobi” or “We”) make/s this Consent Management Platform (formerly Quantcast Choice, the “Solution”) available to Customer. For the avoidance of doubt, InMobi makes the Solution available to Customer through the Quantcast Corporation (“Quantcast”) website, and Quantcast hereby acts on behalf of InMobi to offer and administer the Solution.
This Agreement is a legally binding contract between you and InMobi for the Solution. If you are using the Solution on behalf of an organization (e.g., your employer or other entity), you are agreeing to this Agreement for that organization and representing and warranting that you have the authority to bind that organization to this Agreement (in which event, “Customer” and “you” will refer to that organization).
InMobi reserves the right to modify this Agreement. We will notify you by making the revised version available on this page, and an updated revision date will indicate that changes have been made. If you do not accept the changes, you must stop using the Solution. Your continued use of the Solution after we publish changes means that you are consenting to the updates. We also reserve the right to modify or discontinue any or all of the Solution at any time, for any or no reason, with or without notice.
1. Certain Definitions.
“Applicable Privacy Laws” means the relevant data privacy legislation, such as GDPR or the CCPA.
“IAB Privacy Frameworks” means the IAB Europe Transparency and Consent Framework and the IAB CCPA Compliance Framework.
“CCPA” means Title 1.81.5 of the California Civil Code, as amended.
“EU GDPR” means 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.
“UK GDPR” means the EU GDPR as amended and incorporated into UK law under the UK European Union (Withdrawal) Act 2018, if in force.
“GDPR” means, as applicable: (a) the EU GDPR; and/or (b) the UK GDPR.
“Choice Tag” means the particular JavaScript code or SDK provided to Customer by Quantcast on behalf of InMobi and embeddable on web pages or apps for implementation of the Solution, together with any fixes, updates, and upgrades provided to Customer.
“Choice Signal” means the indication as to whether a website visitor or app user (i.e., end user) has (a) been informed of; (b) provided, withheld, or withdrawn consent to; (c) objected or removed objections to; or (d) otherwise opted in or out of the processing of Personal Information for some or all purposes by some or all third parties in accordance with IAB Privacy Frameworks.
“Personal Information” has the same meaning as “personal data” or “personal information” under Applicable Privacy Laws.
2. InMobi’s Choice Platform (operated by Quantcast on behalf of InMobi).
a. Solution. On behalf of InMobi, Quantcast will provide Customer with the Choice Tag and Choice Technical Guide in order for Customer to implement the Solution.
The Solution enables operators of digital properties to display a user interface to consumers, including selectively by geographic information inferred from a Consumer’s Internet Protocol address to (i) provide information to consumers about how their Personal Information is processed in accordance with the IAB Europe Transparency and Consent Framework; (ii) allow consumers to consent, refuse or withdraw consent and/or object to the processing of their Personal Information in accordance with the IAB Europe Transparency and Consent Framework; and (iii) allow consumers to opt out of the sale of their Personal Information in accordance with the IAB CCPA Compliance Framework. The Solution further enables operators of digital properties to store users’ privacy preferences and transmit stored privacy preferences in accordance with the IAB Europe Transparency and Consent Framework or IAB CCPA Compliance Framework, as applicable.
b. InMobi Obligations and Representations. InMobi agrees, represents, and warrants to Customer that the Solution is compatible and compliant with the applicable IAB Privacy Frameworks.
c. Customer’s Obligations and Representations. Customer agrees, represents and warrants to InMobi and Quantcast that Customer: (i) has all rights, approvals, and consents necessary to implement the Solution on webpages, apps, or other digital applications; (ii) will implement the Choice Tag only as described in the InMobi Choice Technical Guide and the terms and conditions of this Agreement and update the Choice Tag when InMobi and/or Quantcast, acting on behalf of InMobi, notifies Customer of any fixes, updates, and upgrades; (iii) will not interfere or attempt to interfere with the operational features of the Solution; (iv) will not delete, or in any manner alter, the copyright, trademark, or other proprietary rights notices appearing on the Solution; and (v) will not modify, reverse engineer, download, host on Customer’s own servers, disassemble, decompile, license, or sublicense the Solution to any third parties or otherwise use the Solution, including the InMobi Choice Technical Guide or other corresponding instruction manuals and documentation, to develop or assist in developing a product or service competitive with the Solution.
3. Indemnity. Customer agrees to defend, indemnify, and hold InMobi and Quantcast harmless from any judgments, damages, loss, liability, fines, or costs (including reasonable attorneys’ fees) resulting from Customer’s breach of a term of this Agreement or Customer’s use of the Solution if not in compliance with the terms of the Agreement. Neither InMobi nor Quantcast will have any obligation or liability hereunder where the claim results from any combination with, addition to, or modification of the Choice Tag. Where pursuant to Article 82(4) of the GDPR, InMobi and/or Quantcast is found to be liable for the entire damage arising from a breach or breaches of the GDPR relating to activities under this Agreement, in order to ensure effective compensation of one or more individuals, then Customer shall indemnify InMobi and Quantcast for all claims, demands, loss, damages, or expenses (including reasonable attorneys’ fees) relating to any breaches of GDPR for which Customer is wholly or partly responsible. All compensation paid to a data subject pursuant to Article 82(4) of the GDPR by InMobi and/or Quantcast which is wholly or partly attributable to GDPR breaches by Customer shall be repaid pursuant to this indemnity and Article 82(5) immediately on receipt of a written request from InMobi and/or Quantcast pursuant to this Section 3.
4. Warranty Disclaimer. The Solution provided “as is” without warranty or condition of any kind, either express or implied. Without limiting the foregoing, InMobi and Quantcast explicitly disclaim any warranties of merchantability, fitness for a particular purpose, quiet enjoyment, or non-infringement. Neither InMobi nor Quantcast assumes any liability on behalf of Customer, any of Customer’s third party vendors, or any other entities for acting or not acting on Choice Signals, or if Customer or any of Customer’s third party vendors or any other entities bypass or otherwise interfere with the technical restrictions included in the Solution as provided by Quantcast acting on behalf of InMobi. Neither InMobi nor Quantcast makes any warranty that the Solution, including the Choice Tag, will (a) be available on an uninterrupted, secure, or error-free basis, (b) not cause any latency or processing delays, or (c) meets any legal requirements around consent or data protection. Neither InMobi nor Quantcast assumes any liability for Customer’s reliance on the Solution. The foregoing exclusions and disclaimers are an essential part of this Agreement and formed a basis for enabling Quantcast (acting on behalf of InMobi) and InMobi to offer the Solution to Customer. Some jurisdictions do not allow exclusion of certain warranties so this disclaimer may not apply to Customer in full.
5. Termination. Unless otherwise terminated as set forth herein, this Agreement will remain in full force and effect while Customer uses the Solution. Customer may terminate this Agreement by removing the Choice Tag from Customer’s websites or apps, as applicable, or notifying Quantcast and InMobi of Customer’s termination of this Agreement at any time in writing. Quantcast or InMobi may terminate access to the Solution or terminate this Agreement at any time, for any reason or no reason and without any liability to Customer. Neither InMobi nor Quantcast will be liable to Customer or any third party for termination of this Agreement. Notwithstanding the above, Sections 3 and 7 to 10 will survive termination. For the avoidance of doubt, to the extent Customer entered into an agreement with Quantcast for the provision of Quantcast Measure concurrently with its agreement with Quantcast for the provision of Quantcast Choice, Customer’s termination of this Agreement does not terminate Customer’s agreement to the Quantcast Measure Terms, unless Customer explicitly and/or separately also terminates the Quantcast Measure Terms as set forth in the Quantcast Measure Terms.
6. Modification of the Agreement. InMobi reserves the right, in its sole discretion, to modify or discontinue the Solution without notice. InMobi may also modify this Agreement from time to time. If the modified Agreement is not acceptable to Customer, Customer may terminate Customer’s account by following the procedure in Section 5.
7. Limitation on Liability. IN NO EVENT WILL INMOBI OR QUANTCAST BE LIABLE TO CUSTOMER OR ANY THIRD PARTY FOR ANY CONSEQUENTIAL LOSS, EXEMPLARY DAMAGE, INCIDENTAL LOSS, SPECIAL DAMAGE OR LOSS, LOST PROFIT, OR PUNITIVE DAMAGES ARISING FROM CUSTOMER’S USE OF THE SOLUTION, EVEN IF INMOBI AND/OR QUANTCAST HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THESE LIMITATIONS FORMED A BASIS FOR ENABLING INMOBI AND QUANTCAST, ACTING ON BEHALF OF INMOBI, TO OFFER THE SOLUTION TO CUSTOMER. THIS PARAGRAPH WILL APPLY REGARDLESS OF ANY FAILURE OF THE EXCLUSIVE REMEDY PROVIDED IN THE FOLLOWING PARAGRAPH. EXCEPT WITH REGARD TO LIABILITY STEMMING FROM DEATH OR PERSONAL INJURY RESULTING FROM INMOBI’S OR QUANTCAST’S NEGLIGENCE, OR INMOBI’S OR QUANTCAST’S FRAUD, NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, INMOBI’S OR QUANTCAST’S LIABILITY TO CUSTOMER FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION WILL AT ALL TIMES BE LIMITED TO TWO HUNDRED FIFTY DOLLARS (U.S. $250.00).
8. Notices. All notices or other communications to InMobi or Quantcast, acting on behalf of InMobi, from Customer will be deemed given only when received by hand delivery, electronic mail, or prepaid first class mail, at the address below or any other address provided by InMobi or Quantcast (acting on behalf of InMobi) to Customer for these purposes, with attention to the Legal Department.
Persons in the United States, please contact:
Quantcast Corp. 795 Folsom Street, Floor 5, San Francisco, CA 94107 Attn: Legal Department
With a copy to:
InMobi Pte Ltd.
160 Robinson Road, #20-03
SBF Business Center, Singapore 068914
Attn: Legal Department
Persons outside of the United States, please contact:
Quantcast International Limited
Beaux Lane House Lower Mercer Street, 1st FloorDublin 2, Ireland
Attn: Legal Department
With a copy to:
InMobi Pte Ltd.
160 Robinson Road, #20-03
SBF Business Center, Singapore 068914
Attn: Legal Department
9. COMPLIANCE WITH LAWS
Each Party will comply with all laws and regulations applicable to such party’s performance of this Agreement.
Without limiting the generality of the foregoing, each party will comply fully with all applicable export control and sanctions laws and regulations of any country having competent jurisdiction (collectively, “Trade Laws”) to ensure that no services, payments, or other deliverables provided under this Agreement are: (i) provided to, purchased by, routed through, or used for the direct benefit of any party subject to the restriction of a sanctions or export denial list; (ii) provided to, purchased by, routed through, or used for the direct benefit of any region subject to comprehensive sanctions (presently including Crimea, Cuba, Iran, Syria or North Korea); or (iii) used for any purpose prohibited under applicable export control and sanctions laws and regulations, including, but not limited to, nuclear, chemical, or biological weapons proliferation.
Customer affirms its policy and corporate practice to comply and require parties with whom it contracts to comply with all applicable anti-bribery laws that apply to it and its operations, including without limitation, the Indian Prevention of Corruption Act, 1988, U.K. Bribery Act 2010 and U.S. Foreign Corrupt Practices Act (collectively, "Anti-Bribery Laws"). In connection with its performance under this Agreement, Customer confirms that: (i) it is aware of and has appropriate procedures to comply with the Anti-Bribery Laws and will advise all persons and parties under its control or acting as its agent of the requirements of the Anti-Bribery Laws; (ii) it will not be or cause any party to be in violation of the Anti-Bribery Laws; and (iii) should Customer learn of, or have reasons to know of, any request for payment that is inconsistent with the Anti-Bribery Laws, it shall immediately notify InMobi and Quantcast.
In case the Customer is found to have violated any Trade Laws or Anti-bribery Laws in connection with its performance under this Agreement, InMobi shall have the right to terminate this Agreement with immediate effect and no further liability, upon written notice to Customer, without prejudice to any other rights or remedies available to it under contract or in law. The Customer shall indemnify InMobi against any losses, liabilities, damages, costs (including but not limited to legal fees) and expenses incurred by or awarded against InMobi as a result of any breach of this Section.
10. Miscellaneous. This Agreement constitutes the entire Agreement between the parties with respect to the Solution and supersedes all previous and contemporaneous agreements, proposals, and communications, written or oral, between InMobi, Quantcast and Customer with respect thereto. Any waiver by any of the parties hereto of any violation of this Agreement will not be deemed to waive any further or future violation of the same or any other provision. If any parts or provisions of this Agreement are held to be unenforceable, then Customer and InMobi agree that such parts or provisions will be given maximum permissible force and effect and the remainder of the Agreement will be fully enforceable. Customer and InMobi agree that there are no a third party beneficiaries of any and all promises, obligations, or representations made by Customer or InMobi. Customer may not assign this Agreement without InMobi’s prior written consent, except in connection with a sale of all (or substantially all) of its assets relating to this Agreement, a merger, or a reorganization. InMobi may assign all or part of this Agreement freely, including in connection with a sale of some or all of its assets relating to the Solution, this Agreement, or a merger or reorganization. Nothing in this Agreement will constitute a partnership or joint venture between any of Customer, InMobi and/or Quantcast. This Agreement is drafted in the English language. Any translation into another language is provided for convenience only. In the event of any inconsistency between the English language version and any translation, the English language version shall prevail.
11. Contracting Party; Choice of Law and Venue. This Agreement is between Customer and InMobi Pte Ltd (a Singapore corporation) with Quantcast, acting on behalf of InMobi, and this Agreement and any dispute relating to this Agreement will be governed by the laws of California, without regard to the conflicts of law provisions, and Customer and InMobi consent and agree that jurisdiction, proper venue, and the most convenient forum for all claims, actions, and proceedings of any kind relating to this Agreement will be exclusively in courts located in San Francisco, California.
Effective August 17, 2023 to August 17, 2023
DownloadTable of Contents
Last Updated: Aug 17, 2023
These Terms of Service (collectively, this “Agreement”) describe the terms and conditions on which InMobi Pte Ltd (“InMobi” or “We”) make/s this Consent Management Platform (formerly Quantcast Choice, the “Solution”) available to Customer. For the avoidance of doubt, InMobi makes the Solution available to Customer through the Quantcast Corporation (“Quantcast”) website, and Quantcast hereby acts on behalf of InMobi to offer and administer the Solution.
This Agreement is a legally binding contract between you and InMobi for the Solution. If you are using the Solution on behalf of an organization (e.g., your employer or other entity), you are agreeing to this Agreement for that organization and representing and warranting that you have the authority to bind that organization to this Agreement (in which event, “Customer” and “you” will refer to that organization).
InMobi reserves the right to modify this Agreement. We will notify you by making the revised version available on this page, and an updated revision date will indicate that changes have been made. If you do not accept the changes, you must stop using the Solution. Your continued use of the Solution after we publish changes means that you are consenting to the updates. We also reserve the right to modify or discontinue any or all of the Solution at any time, for any or no reason, with or without notice.
1. Certain Definitions.
“Applicable Privacy Laws” means the relevant data privacy legislation, such as GDPR or the CCPA.
“IAB Privacy Frameworks” means the IAB Europe Transparency and Consent Framework and the IAB CCPA Compliance Framework.
“CCPA” means Title 1.81.5 of the California Civil Code, as amended.
“EU GDPR” means 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.
“UK GDPR” means the EU GDPR as amended and incorporated into UK law under the UK European Union (Withdrawal) Act 2018, if in force.
“GDPR” means, as applicable: (a) the EU GDPR; and/or (b) the UK GDPR.
“Choice Tag” means the particular JavaScript code or SDK provided to Customer by Quantcast on behalf of InMobi and embeddable on web pages or apps for implementation of the Solution, together with any fixes, updates, and upgrades provided to Customer.
“Choice Signal” means the indication as to whether a website visitor or app user (i.e., end user) has (a) been informed of; (b) provided, withheld, or withdrawn consent to; (c) objected or removed objections to; or (d) otherwise opted in or out of the processing of Personal Information for some or all purposes by some or all third parties in accordance with IAB Privacy Frameworks.
“Personal Information” has the same meaning as “personal data” or “personal information” under Applicable Privacy Laws.
2. InMobi’s Choice Platform (operated by Quantcast on behalf of InMobi).
a. Solution. On behalf of InMobi, Quantcast will provide Customer with the Choice Tag and Choice Technical Guide in order for Customer to implement the Solution.
The Solution enables operators of digital properties to display a user interface to consumers, including selectively by geographic information inferred from a Consumer’s Internet Protocol address to (i) provide information to consumers about how their Personal Information is processed in accordance with the IAB Europe Transparency and Consent Framework; (ii) allow consumers to consent, refuse or withdraw consent and/or object to the processing of their Personal Information in accordance with the IAB Europe Transparency and Consent Framework; and (iii) allow consumers to opt out of the sale of their Personal Information in accordance with the IAB CCPA Compliance Framework. The Solution further enables operators of digital properties to store users’ privacy preferences and transmit stored privacy preferences in accordance with the IAB Europe Transparency and Consent Framework or IAB CCPA Compliance Framework, as applicable.
b. InMobi Obligations and Representations. InMobi agrees, represents, and warrants to Customer that the Solution is compatible and compliant with the applicable IAB Privacy Frameworks.
c. Customer’s Obligations and Representations. Customer agrees, represents and warrants to InMobi and Quantcast that Customer: (i) has all rights, approvals, and consents necessary to implement the Solution on webpages, apps, or other digital applications; (ii) will implement the Choice Tag only as described in the InMobi Choice Technical Guide and the terms and conditions of this Agreement and update the Choice Tag when InMobi and/or Quantcast, acting on behalf of InMobi, notifies Customer of any fixes, updates, and upgrades; (iii) will not interfere or attempt to interfere with the operational features of the Solution; (iv) will not delete, or in any manner alter, the copyright, trademark, or other proprietary rights notices appearing on the Solution; and (v) will not modify, reverse engineer, download, host on Customer’s own servers, disassemble, decompile, license, or sublicense the Solution to any third parties or otherwise use the Solution, including the InMobi Choice Technical Guide or other corresponding instruction manuals and documentation, to develop or assist in developing a product or service competitive with the Solution.
3. Indemnity. Customer agrees to defend, indemnify, and hold InMobi and Quantcast harmless from any judgments, damages, loss, liability, fines, or costs (including reasonable attorneys’ fees) resulting from Customer’s breach of a term of this Agreement or Customer’s use of the Solution if not in compliance with the terms of the Agreement. Neither InMobi nor Quantcast will have any obligation or liability hereunder where the claim results from any combination with, addition to, or modification of the Choice Tag. Where pursuant to Article 82(4) of the GDPR, InMobi and/or Quantcast is found to be liable for the entire damage arising from a breach or breaches of the GDPR relating to activities under this Agreement, in order to ensure effective compensation of one or more individuals, then Customer shall indemnify InMobi and Quantcast for all claims, demands, loss, damages, or expenses (including reasonable attorneys’ fees) relating to any breaches of GDPR for which Customer is wholly or partly responsible. All compensation paid to a data subject pursuant to Article 82(4) of the GDPR by InMobi and/or Quantcast which is wholly or partly attributable to GDPR breaches by Customer shall be repaid pursuant to this indemnity and Article 82(5) immediately on receipt of a written request from InMobi and/or Quantcast pursuant to this Section 3.
4. Warranty Disclaimer. The Solution provided “as is” without warranty or condition of any kind, either express or implied. Without limiting the foregoing, InMobi and Quantcast explicitly disclaim any warranties of merchantability, fitness for a particular purpose, quiet enjoyment, or non-infringement. Neither InMobi nor Quantcast assumes any liability on behalf of Customer, any of Customer’s third party vendors, or any other entities for acting or not acting on Choice Signals, or if Customer or any of Customer’s third party vendors or any other entities bypass or otherwise interfere with the technical restrictions included in the Solution as provided by Quantcast acting on behalf of InMobi. Neither InMobi nor Quantcast makes any warranty that the Solution, including the Choice Tag, will (a) be available on an uninterrupted, secure, or error-free basis, (b) not cause any latency or processing delays, or (c) meets any legal requirements around consent or data protection. Neither InMobi nor Quantcast assumes any liability for Customer’s reliance on the Solution. The foregoing exclusions and disclaimers are an essential part of this Agreement and formed a basis for enabling Quantcast (acting on behalf of InMobi) and InMobi to offer the Solution to Customer. Some jurisdictions do not allow exclusion of certain warranties so this disclaimer may not apply to Customer in full.
5. Termination. Unless otherwise terminated as set forth herein, this Agreement will remain in full force and effect while Customer uses the Solution. Customer may terminate this Agreement by removing the Choice Tag from Customer’s websites or apps, as applicable, or notifying Quantcast and InMobi of Customer’s termination of this Agreement at any time in writing. Quantcast or InMobi may terminate access to the Solution or terminate this Agreement at any time, for any reason or no reason and without any liability to Customer. Neither InMobi nor Quantcast will be liable to Customer or any third party for termination of this Agreement. Notwithstanding the above, Sections 3 and 7 to 10 will survive termination. For the avoidance of doubt, to the extent Customer entered into an agreement with Quantcast for the provision of Quantcast Measure concurrently with its agreement with Quantcast for the provision of Quantcast Choice, Customer’s termination of this Agreement does not terminate Customer’s agreement to the Quantcast Measure Terms, unless Customer explicitly and/or separately also terminates the Quantcast Measure Terms as set forth in the Quantcast Measure Terms.
6. Modification of the Agreement. InMobi reserves the right, in its sole discretion, to modify or discontinue the Solution without notice. InMobi may also modify this Agreement from time to time. If the modified Agreement is not acceptable to Customer, Customer may terminate Customer’s account by following the procedure in Section 5.
7. Limitation on Liability. IN NO EVENT WILL INMOBI OR QUANTCAST BE LIABLE TO CUSTOMER OR ANY THIRD PARTY FOR ANY CONSEQUENTIAL LOSS, EXEMPLARY DAMAGE, INCIDENTAL LOSS, SPECIAL DAMAGE OR LOSS, LOST PROFIT, OR PUNITIVE DAMAGES ARISING FROM CUSTOMER’S USE OF THE SOLUTION, EVEN IF INMOBI AND/OR QUANTCAST HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THESE LIMITATIONS FORMED A BASIS FOR ENABLING INMOBI AND QUANTCAST, ACTING ON BEHALF OF INMOBI, TO OFFER THE SOLUTION TO CUSTOMER. THIS PARAGRAPH WILL APPLY REGARDLESS OF ANY FAILURE OF THE EXCLUSIVE REMEDY PROVIDED IN THE FOLLOWING PARAGRAPH. EXCEPT WITH REGARD TO LIABILITY STEMMING FROM DEATH OR PERSONAL INJURY RESULTING FROM INMOBI’S OR QUANTCAST’S NEGLIGENCE, OR INMOBI’S OR QUANTCAST’S FRAUD, NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, INMOBI’S OR QUANTCAST’S LIABILITY TO CUSTOMER FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION WILL AT ALL TIMES BE LIMITED TO TWO HUNDRED FIFTY DOLLARS (U.S. $250.00).
8. Notices. All notices or other communications to InMobi or Quantcast, acting on behalf of InMobi, from Customer will be deemed given only when received by hand delivery, electronic mail, or prepaid first class mail, at the address below or any other address provided by InMobi or Quantcast (acting on behalf of InMobi) to Customer for these purposes, with attention to the Legal Department.
Persons in the United States, please contact:
Quantcast Corp. 795 Folsom Street, Floor 5, San Francisco, CA 94107 Attn: Legal Department
With a copy to:
InMobi Pte Ltd.
160 Robinson Road, #20-03
SBF Business Center, Singapore 068914
Attn: Legal Department
Persons outside of the United States, please contact:
Quantcast International Limited
Beaux Lane House Lower Mercer Street, 1st FloorDublin 2, Ireland
Attn: Legal Department
With a copy to:
InMobi Pte Ltd.
160 Robinson Road, #20-03
SBF Business Center, Singapore 068914
Attn: Legal Department
9. COMPLIANCE WITH LAWS
Each Party will comply with all laws and regulations applicable to such party’s performance of this Agreement.
Without limiting the generality of the foregoing, each party will comply fully with all applicable export control and sanctions laws and regulations of any country having competent jurisdiction (collectively, “Trade Laws”) to ensure that no services, payments, or other deliverables provided under this Agreement are: (i) provided to, purchased by, routed through, or used for the direct benefit of any party subject to the restriction of a sanctions or export denial list; (ii) provided to, purchased by, routed through, or used for the direct benefit of any region subject to comprehensive sanctions (presently including Crimea, Cuba, Iran, Syria or North Korea); or (iii) used for any purpose prohibited under applicable export control and sanctions laws and regulations, including, but not limited to, nuclear, chemical, or biological weapons proliferation.
Customer affirms its policy and corporate practice to comply and require parties with whom it contracts to comply with all applicable anti-bribery laws that apply to it and its operations, including without limitation, the Indian Prevention of Corruption Act, 1988, U.K. Bribery Act 2010 and U.S. Foreign Corrupt Practices Act (collectively, "Anti-Bribery Laws"). In connection with its performance under this Agreement, Customer confirms that: (i) it is aware of and has appropriate procedures to comply with the Anti-Bribery Laws and will advise all persons and parties under its control or acting as its agent of the requirements of the Anti-Bribery Laws; (ii) it will not be or cause any party to be in violation of the Anti-Bribery Laws; and (iii) should Customer learn of, or have reasons to know of, any request for payment that is inconsistent with the Anti-Bribery Laws, it shall immediately notify InMobi and Quantcast.
In case the Customer is found to have violated any Trade Laws or Anti-bribery Laws in connection with its performance under this Agreement, InMobi shall have the right to terminate this Agreement with immediate effect and no further liability, upon written notice to Customer, without prejudice to any other rights or remedies available to it under contract or in law. The Customer shall indemnify InMobi against any losses, liabilities, damages, costs (including but not limited to legal fees) and expenses incurred by or awarded against InMobi as a result of any breach of this Section.
10. Miscellaneous. This Agreement constitutes the entire Agreement between the parties with respect to the Solution and supersedes all previous and contemporaneous agreements, proposals, and communications, written or oral, between InMobi, Quantcast and Customer with respect thereto. Any waiver by any of the parties hereto of any violation of this Agreement will not be deemed to waive any further or future violation of the same or any other provision. If any parts or provisions of this Agreement are held to be unenforceable, then Customer and InMobi agree that such parts or provisions will be given maximum permissible force and effect and the remainder of the Agreement will be fully enforceable. Customer and InMobi agree that there are no a third party beneficiaries of any and all promises, obligations, or representations made by Customer or InMobi. Customer may not assign this Agreement without InMobi’s prior written consent, except in connection with a sale of all (or substantially all) of its assets relating to this Agreement, a merger, or a reorganization. InMobi may assign all or part of this Agreement freely, including in connection with a sale of some or all of its assets relating to the Solution, this Agreement, or a merger or reorganization. Nothing in this Agreement will constitute a partnership or joint venture between any of Customer, InMobi and/or Quantcast. This Agreement is drafted in the English language. Any translation into another language is provided for convenience only. In the event of any inconsistency between the English language version and any translation, the English language version shall prevail.
11. Contracting Party; Choice of Law and Venue. This Agreement is between Customer and InMobi Pte Ltd (a Singapore corporation) with Quantcast, acting on behalf of InMobi, and this Agreement and any dispute relating to this Agreement will be governed by the laws of California, without regard to the conflicts of law provisions, and Customer and InMobi consent and agree that jurisdiction, proper venue, and the most convenient forum for all claims, actions, and proceedings of any kind relating to this Agreement will be exclusively in courts located in San Francisco, California.
Effective August 17, 2023 to August 17, 2023
DownloadTable of Contents
Last Updated: Aug 17, 2023
These Terms of Service (collectively, this “Agreement”) describe the terms and conditions on which InMobi Pte Ltd (“InMobi” or “We”) make/s this Consent Management Platform (formerly Quantcast Choice, the “Solution”) available to Customer. For the avoidance of doubt, InMobi makes the Solution available to Customer through the Quantcast Corporation (“Quantcast”) website, and Quantcast hereby acts on behalf of InMobi to offer and administer the Solution.
This Agreement is a legally binding contract between you and InMobi for the Solution. If you are using the Solution on behalf of an organization (e.g., your employer or other entity), you are agreeing to this Agreement for that organization and representing and warranting that you have the authority to bind that organization to this Agreement (in which event, “Customer” and “you” will refer to that organization).
InMobi reserves the right to modify this Agreement. We will notify you by making the revised version available on this page, and an updated revision date will indicate that changes have been made. If you do not accept the changes, you must stop using the Solution. Your continued use of the Solution after we publish changes means that you are consenting to the updates. We also reserve the right to modify or discontinue any or all of the Solution at any time, for any or no reason, with or without notice.
1. Certain Definitions.
“Applicable Privacy Laws” means the relevant data privacy legislation, such as GDPR or the CCPA.
“IAB Privacy Frameworks” means the IAB Europe Transparency and Consent Framework and the IAB CCPA Compliance Framework.
“CCPA” means Title 1.81.5 of the California Civil Code, as amended.
“EU GDPR” means 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.
“UK GDPR” means the EU GDPR as amended and incorporated into UK law under the UK European Union (Withdrawal) Act 2018, if in force.
“GDPR” means, as applicable: (a) the EU GDPR; and/or (b) the UK GDPR.
“Choice Tag” means the particular JavaScript code or SDK provided to Customer by Quantcast on behalf of InMobi and embeddable on web pages or apps for implementation of the Solution, together with any fixes, updates, and upgrades provided to Customer.
“Choice Signal” means the indication as to whether a website visitor or app user (i.e., end user) has (a) been informed of; (b) provided, withheld, or withdrawn consent to; (c) objected or removed objections to; or (d) otherwise opted in or out of the processing of Personal Information for some or all purposes by some or all third parties in accordance with IAB Privacy Frameworks.
“Personal Information” has the same meaning as “personal data” or “personal information” under Applicable Privacy Laws.
2. InMobi’s Choice Platform (operated by Quantcast on behalf of InMobi).
a. Solution. On behalf of InMobi, Quantcast will provide Customer with the Choice Tag and Choice Technical Guide in order for Customer to implement the Solution.
The Solution enables operators of digital properties to display a user interface to consumers, including selectively by geographic information inferred from a Consumer’s Internet Protocol address to (i) provide information to consumers about how their Personal Information is processed in accordance with the IAB Europe Transparency and Consent Framework; (ii) allow consumers to consent, refuse or withdraw consent and/or object to the processing of their Personal Information in accordance with the IAB Europe Transparency and Consent Framework; and (iii) allow consumers to opt out of the sale of their Personal Information in accordance with the IAB CCPA Compliance Framework. The Solution further enables operators of digital properties to store users’ privacy preferences and transmit stored privacy preferences in accordance with the IAB Europe Transparency and Consent Framework or IAB CCPA Compliance Framework, as applicable.
b. InMobi Obligations and Representations. InMobi agrees, represents, and warrants to Customer that the Solution is compatible and compliant with the applicable IAB Privacy Frameworks.
c. Customer’s Obligations and Representations. Customer agrees, represents and warrants to InMobi and Quantcast that Customer: (i) has all rights, approvals, and consents necessary to implement the Solution on webpages, apps, or other digital applications; (ii) will implement the Choice Tag only as described in the InMobi Choice Technical Guide and the terms and conditions of this Agreement and update the Choice Tag when InMobi and/or Quantcast, acting on behalf of InMobi, notifies Customer of any fixes, updates, and upgrades; (iii) will not interfere or attempt to interfere with the operational features of the Solution; (iv) will not delete, or in any manner alter, the copyright, trademark, or other proprietary rights notices appearing on the Solution; and (v) will not modify, reverse engineer, download, host on Customer’s own servers, disassemble, decompile, license, or sublicense the Solution to any third parties or otherwise use the Solution, including the InMobi Choice Technical Guide or other corresponding instruction manuals and documentation, to develop or assist in developing a product or service competitive with the Solution.
3. Indemnity. Customer agrees to defend, indemnify, and hold InMobi and Quantcast harmless from any judgments, damages, loss, liability, fines, or costs (including reasonable attorneys’ fees) resulting from Customer’s breach of a term of this Agreement or Customer’s use of the Solution if not in compliance with the terms of the Agreement. Neither InMobi nor Quantcast will have any obligation or liability hereunder where the claim results from any combination with, addition to, or modification of the Choice Tag. Where pursuant to Article 82(4) of the GDPR, InMobi and/or Quantcast is found to be liable for the entire damage arising from a breach or breaches of the GDPR relating to activities under this Agreement, in order to ensure effective compensation of one or more individuals, then Customer shall indemnify InMobi and Quantcast for all claims, demands, loss, damages, or expenses (including reasonable attorneys’ fees) relating to any breaches of GDPR for which Customer is wholly or partly responsible. All compensation paid to a data subject pursuant to Article 82(4) of the GDPR by InMobi and/or Quantcast which is wholly or partly attributable to GDPR breaches by Customer shall be repaid pursuant to this indemnity and Article 82(5) immediately on receipt of a written request from InMobi and/or Quantcast pursuant to this Section 3.
4. Warranty Disclaimer. The Solution provided “as is” without warranty or condition of any kind, either express or implied. Without limiting the foregoing, InMobi and Quantcast explicitly disclaim any warranties of merchantability, fitness for a particular purpose, quiet enjoyment, or non-infringement. Neither InMobi nor Quantcast assumes any liability on behalf of Customer, any of Customer’s third party vendors, or any other entities for acting or not acting on Choice Signals, or if Customer or any of Customer’s third party vendors or any other entities bypass or otherwise interfere with the technical restrictions included in the Solution as provided by Quantcast acting on behalf of InMobi. Neither InMobi nor Quantcast makes any warranty that the Solution, including the Choice Tag, will (a) be available on an uninterrupted, secure, or error-free basis, (b) not cause any latency or processing delays, or (c) meets any legal requirements around consent or data protection. Neither InMobi nor Quantcast assumes any liability for Customer’s reliance on the Solution. The foregoing exclusions and disclaimers are an essential part of this Agreement and formed a basis for enabling Quantcast (acting on behalf of InMobi) and InMobi to offer the Solution to Customer. Some jurisdictions do not allow exclusion of certain warranties so this disclaimer may not apply to Customer in full.
5. Termination. Unless otherwise terminated as set forth herein, this Agreement will remain in full force and effect while Customer uses the Solution. Customer may terminate this Agreement by removing the Choice Tag from Customer’s websites or apps, as applicable, or notifying Quantcast and InMobi of Customer’s termination of this Agreement at any time in writing. Quantcast or InMobi may terminate access to the Solution or terminate this Agreement at any time, for any reason or no reason and without any liability to Customer. Neither InMobi nor Quantcast will be liable to Customer or any third party for termination of this Agreement. Notwithstanding the above, Sections 3 and 7 to 10 will survive termination. For the avoidance of doubt, to the extent Customer entered into an agreement with Quantcast for the provision of Quantcast Measure concurrently with its agreement with Quantcast for the provision of Quantcast Choice, Customer’s termination of this Agreement does not terminate Customer’s agreement to the Quantcast Measure Terms, unless Customer explicitly and/or separately also terminates the Quantcast Measure Terms as set forth in the Quantcast Measure Terms.
6. Modification of the Agreement. InMobi reserves the right, in its sole discretion, to modify or discontinue the Solution without notice. InMobi may also modify this Agreement from time to time. If the modified Agreement is not acceptable to Customer, Customer may terminate Customer’s account by following the procedure in Section 5.
7. Limitation on Liability. IN NO EVENT WILL INMOBI OR QUANTCAST BE LIABLE TO CUSTOMER OR ANY THIRD PARTY FOR ANY CONSEQUENTIAL LOSS, EXEMPLARY DAMAGE, INCIDENTAL LOSS, SPECIAL DAMAGE OR LOSS, LOST PROFIT, OR PUNITIVE DAMAGES ARISING FROM CUSTOMER’S USE OF THE SOLUTION, EVEN IF INMOBI AND/OR QUANTCAST HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THESE LIMITATIONS FORMED A BASIS FOR ENABLING INMOBI AND QUANTCAST, ACTING ON BEHALF OF INMOBI, TO OFFER THE SOLUTION TO CUSTOMER. THIS PARAGRAPH WILL APPLY REGARDLESS OF ANY FAILURE OF THE EXCLUSIVE REMEDY PROVIDED IN THE FOLLOWING PARAGRAPH. EXCEPT WITH REGARD TO LIABILITY STEMMING FROM DEATH OR PERSONAL INJURY RESULTING FROM INMOBI’S OR QUANTCAST’S NEGLIGENCE, OR INMOBI’S OR QUANTCAST’S FRAUD, NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, INMOBI’S OR QUANTCAST’S LIABILITY TO CUSTOMER FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION WILL AT ALL TIMES BE LIMITED TO TWO HUNDRED FIFTY DOLLARS (U.S. $250.00).
8. Notices. All notices or other communications to InMobi or Quantcast, acting on behalf of InMobi, from Customer will be deemed given only when received by hand delivery, electronic mail, or prepaid first class mail, at the address below or any other address provided by InMobi or Quantcast (acting on behalf of InMobi) to Customer for these purposes, with attention to the Legal Department.
Persons in the United States, please contact:
Quantcast Corp. 795 Folsom Street, Floor 5, San Francisco, CA 94107 Attn: Legal Department
With a copy to:
InMobi Pte Ltd.
160 Robinson Road, #20-03
SBF Business Center, Singapore 068914
Attn: Legal Department
Persons outside of the United States, please contact:
Quantcast International Limited
Beaux Lane House Lower Mercer Street, 1st FloorDublin 2, Ireland
Attn: Legal Department
With a copy to:
InMobi Pte Ltd.
160 Robinson Road, #20-03
SBF Business Center, Singapore 068914
Attn: Legal Department
9. COMPLIANCE WITH LAWS
Each Party will comply with all laws and regulations applicable to such party’s performance of this Agreement.
Without limiting the generality of the foregoing, each party will comply fully with all applicable export control and sanctions laws and regulations of any country having competent jurisdiction (collectively, “Trade Laws”) to ensure that no services, payments, or other deliverables provided under this Agreement are: (i) provided to, purchased by, routed through, or used for the direct benefit of any party subject to the restriction of a sanctions or export denial list; (ii) provided to, purchased by, routed through, or used for the direct benefit of any region subject to comprehensive sanctions (presently including Crimea, Cuba, Iran, Syria or North Korea); or (iii) used for any purpose prohibited under applicable export control and sanctions laws and regulations, including, but not limited to, nuclear, chemical, or biological weapons proliferation.
Customer affirms its policy and corporate practice to comply and require parties with whom it contracts to comply with all applicable anti-bribery laws that apply to it and its operations, including without limitation, the Indian Prevention of Corruption Act, 1988, U.K. Bribery Act 2010 and U.S. Foreign Corrupt Practices Act (collectively, "Anti-Bribery Laws"). In connection with its performance under this Agreement, Customer confirms that: (i) it is aware of and has appropriate procedures to comply with the Anti-Bribery Laws and will advise all persons and parties under its control or acting as its agent of the requirements of the Anti-Bribery Laws; (ii) it will not be or cause any party to be in violation of the Anti-Bribery Laws; and (iii) should Customer learn of, or have reasons to know of, any request for payment that is inconsistent with the Anti-Bribery Laws, it shall immediately notify InMobi and Quantcast.
In case the Customer is found to have violated any Trade Laws or Anti-bribery Laws in connection with its performance under this Agreement, InMobi shall have the right to terminate this Agreement with immediate effect and no further liability, upon written notice to Customer, without prejudice to any other rights or remedies available to it under contract or in law. The Customer shall indemnify InMobi against any losses, liabilities, damages, costs (including but not limited to legal fees) and expenses incurred by or awarded against InMobi as a result of any breach of this Section.
10. Miscellaneous. This Agreement constitutes the entire Agreement between the parties with respect to the Solution and supersedes all previous and contemporaneous agreements, proposals, and communications, written or oral, between InMobi, Quantcast and Customer with respect thereto. Any waiver by any of the parties hereto of any violation of this Agreement will not be deemed to waive any further or future violation of the same or any other provision. If any parts or provisions of this Agreement are held to be unenforceable, then Customer and InMobi agree that such parts or provisions will be given maximum permissible force and effect and the remainder of the Agreement will be fully enforceable. Customer and InMobi agree that there are no a third party beneficiaries of any and all promises, obligations, or representations made by Customer or InMobi. Customer may not assign this Agreement without InMobi’s prior written consent, except in connection with a sale of all (or substantially all) of its assets relating to this Agreement, a merger, or a reorganization. InMobi may assign all or part of this Agreement freely, including in connection with a sale of some or all of its assets relating to the Solution, this Agreement, or a merger or reorganization. Nothing in this Agreement will constitute a partnership or joint venture between any of Customer, InMobi and/or Quantcast. This Agreement is drafted in the English language. Any translation into another language is provided for convenience only. In the event of any inconsistency between the English language version and any translation, the English language version shall prevail.
11. Contracting Party; Choice of Law and Venue. This Agreement is between Customer and InMobi Pte Ltd (a Singapore corporation) with Quantcast, acting on behalf of InMobi, and this Agreement and any dispute relating to this Agreement will be governed by the laws of California, without regard to the conflicts of law provisions, and Customer and InMobi consent and agree that jurisdiction, proper venue, and the most convenient forum for all claims, actions, and proceedings of any kind relating to this Agreement will be exclusively in courts located in San Francisco, California.
Effective August 17, 2023 to August 17, 2023
DownloadTable of Contents
Last Updated: Aug 7, 2023
These Terms of Service (collectively, this “Agreement”) describe the terms and conditions on which InMobi Pte Ltd (“InMobi” or “We”) make/s this Consent Management Platform (formerly Quantcast Choice, the “Solution”) available to Customer. For the avoidance of doubt, InMobi makes the Solution available to Customer through the Quantcast Corporation (“Quantcast”) website, and Quantcast hereby acts on behalf of InMobi to offer and administer the Solution.
This Agreement is a legally binding contract between you and InMobi for the Solution. If you are using the Solution on behalf of an organization (e.g., your employer or other entity), you are agreeing to this Agreement for that organization and representing and warranting that you have the authority to bind that organization to this Agreement (in which event, “Customer” and “you” will refer to that organization).
InMobi reserves the right to modify this Agreement. We will notify you by making the revised version available on this page, and an updated revision date will indicate that changes have been made. If you do not accept the changes, you must stop using the Solution. Your continued use of the Solution after we publish changes means that you are consenting to the updates. We also reserve the right to modify or discontinue any or all of the Solution at any time, for any or no reason, with or without notice.
1. Certain Definitions.
“Applicable Privacy Laws” means the relevant data privacy legislation, such as GDPR or the CCPA.
“IAB Privacy Frameworks” means the IAB Europe Transparency and Consent Framework and the IAB CCPA Compliance Framework.
“CCPA” means Title 1.81.5 of the California Civil Code, as amended.
“EU GDPR” means 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.
“UK GDPR” means the EU GDPR as amended and incorporated into UK law under the UK European Union (Withdrawal) Act 2018, if in force.
“GDPR” means, as applicable: (a) the EU GDPR; and/or (b) the UK GDPR.
“Choice Tag” means the particular JavaScript code or SDK provided to Customer by Quantcast on behalf of InMobi and embeddable on web pages or apps for implementation of the Solution, together with any fixes, updates, and upgrades provided to Customer.
“Choice Signal” means the indication as to whether a website visitor or app user (i.e., end user) has (a) been informed of; (b) provided, withheld, or withdrawn consent to; (c) objected or removed objections to; or (d) otherwise opted in or out of the processing of Personal Information for some or all purposes by some or all third parties in accordance with IAB Privacy Frameworks.
“Personal Information” has the same meaning as “personal data” or “personal information” under Applicable Privacy Laws.
2. InMobi’s Choice Platform (operated by Quantcast on behalf of InMobi).
a. Solution. On behalf of InMobi, Quantcast will provide Customer with the Choice Tag and Choice Technical Guide in order for Customer to implement the Solution.
The Solution enables operators of digital properties to display a user interface to consumers, including selectively by geographic information inferred from a Consumer’s Internet Protocol address to (i) provide information to consumers about how their Personal Information is processed in accordance with the IAB Europe Transparency and Consent Framework; (ii) allow consumers to consent, refuse or withdraw consent and/or object to the processing of their Personal Information in accordance with the IAB Europe Transparency and Consent Framework; and (iii) allow consumers to opt out of the sale of their Personal Information in accordance with the IAB CCPA Compliance Framework. The Solution further enables operators of digital properties to store users’ privacy preferences and transmit stored privacy preferences in accordance with the IAB Europe Transparency and Consent Framework or IAB CCPA Compliance Framework, as applicable.
b. InMobi Obligations and Representations. InMobi agrees, represents, and warrants to Customer that the Solution is compatible and compliant with the applicable IAB Privacy Frameworks.
c. Customer’s Obligations and Representations. Customer agrees, represents and warrants to InMobi and Quantcast that Customer: (i) has all rights, approvals, and consents necessary to implement the Solution on webpages, apps, or other digital applications; (ii) will implement the Choice Tag only as described in the InMobi Choice Technical Guide and the terms and conditions of this Agreement and update the Choice Tag when InMobi and/or Quantcast, acting on behalf of InMobi, notifies Customer of any fixes, updates, and upgrades; (iii) will not interfere or attempt to interfere with the operational features of the Solution; (iv) will not delete, or in any manner alter, the copyright, trademark, or other proprietary rights notices appearing on the Solution; and (v) will not modify, reverse engineer, download, host on Customer’s own servers, disassemble, decompile, license, or sublicense the Solution to any third parties or otherwise use the Solution, including the InMobi Choice Technical Guide or other corresponding instruction manuals and documentation, to develop or assist in developing a product or service competitive with the Solution.
3. Indemnity. Customer agrees to defend, indemnify, and hold InMobi and Quantcast harmless from any judgments, damages, loss, liability, fines, or costs (including reasonable attorneys’ fees) resulting from Customer’s breach of a term of this Agreement or Customer’s use of the Solution if not in compliance with the terms of the Agreement. Neither InMobi nor Quantcast will have any obligation or liability hereunder where the claim results from any combination with, addition to, or modification of the Choice Tag. Where pursuant to Article 82(4) of the GDPR, InMobi and/or Quantcast is found to be liable for the entire damage arising from a breach or breaches of the GDPR relating to activities under this Agreement, in order to ensure effective compensation of one or more individuals, then Customer shall indemnify InMobi and Quantcast for all claims, demands, loss, damages, or expenses (including reasonable attorneys’ fees) relating to any breaches of GDPR for which Customer is wholly or partly responsible. All compensation paid to a data subject pursuant to Article 82(4) of the GDPR by InMobi and/or Quantcast which is wholly or partly attributable to GDPR breaches by Customer shall be repaid pursuant to this indemnity and Article 82(5) immediately on receipt of a written request from InMobi and/or Quantcast pursuant to this Section 3.
4. Warranty Disclaimer. The Solution provided “as is” without warranty or condition of any kind, either express or implied. Without limiting the foregoing, InMobi and Quantcast explicitly disclaim any warranties of merchantability, fitness for a particular purpose, quiet enjoyment, or non-infringement. Neither InMobi nor Quantcast assumes any liability on behalf of Customer, any of Customer’s third party vendors, or any other entities for acting or not acting on Choice Signals, or if Customer or any of Customer’s third party vendors or any other entities bypass or otherwise interfere with the technical restrictions included in the Solution as provided by Quantcast acting on behalf of InMobi. Neither InMobi nor Quantcast makes any warranty that the Solution, including the Choice Tag, will (a) be available on an uninterrupted, secure, or error-free basis, (b) not cause any latency or processing delays, or (c) meets any legal requirements around consent or data protection. Neither InMobi nor Quantcast assumes any liability for Customer’s reliance on the Solution. The foregoing exclusions and disclaimers are an essential part of this Agreement and formed a basis for enabling Quantcast (acting on behalf of InMobi) and InMobi to offer the Solution to Customer. Some jurisdictions do not allow exclusion of certain warranties so this disclaimer may not apply to Customer in full.
5. Termination. Unless otherwise terminated as set forth herein, this Agreement will remain in full force and effect while Customer uses the Solution. Customer may terminate this Agreement by removing the Choice Tag from Customer’s websites or apps, as applicable, or notifying Quantcast and InMobi of Customer’s termination of this Agreement at any time in writing. Quantcast or InMobi may terminate access to the Solution or terminate this Agreement at any time, for any reason or no reason and without any liability to Customer. Neither InMobi nor Quantcast will be liable to Customer or any third party for termination of this Agreement. Notwithstanding the above, Sections 3 and 7 to 10 will survive termination. For the avoidance of doubt, to the extent Customer entered into an agreement with Quantcast for the provision of Quantcast Measure concurrently with its agreement with Quantcast for the provision of Quantcast Choice, Customer’s termination of this Agreement does not terminate Customer’s agreement to the Quantcast Measure Terms, unless Customer explicitly and/or separately also terminates the Quantcast Measure Terms as set forth in the Quantcast Measure Terms.
6. Modification of the Agreement. InMobi reserves the right, in its sole discretion, to modify or discontinue the Solution without notice. InMobi may also modify this Agreement from time to time. If the modified Agreement is not acceptable to Customer, Customer may terminate Customer’s account by following the procedure in Section 5.
7. Limitation on Liability. IN NO EVENT WILL INMOBI OR QUANTCAST BE LIABLE TO CUSTOMER OR ANY THIRD PARTY FOR ANY CONSEQUENTIAL LOSS, EXEMPLARY DAMAGE, INCIDENTAL LOSS, SPECIAL DAMAGE OR LOSS, LOST PROFIT, OR PUNITIVE DAMAGES ARISING FROM CUSTOMER’S USE OF THE SOLUTION, EVEN IF INMOBI AND/OR QUANTCAST HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THESE LIMITATIONS FORMED A BASIS FOR ENABLING INMOBI AND QUANTCAST, ACTING ON BEHALF OF INMOBI, TO OFFER THE SOLUTION TO CUSTOMER. THIS PARAGRAPH WILL APPLY REGARDLESS OF ANY FAILURE OF THE EXCLUSIVE REMEDY PROVIDED IN THE FOLLOWING PARAGRAPH. EXCEPT WITH REGARD TO LIABILITY STEMMING FROM DEATH OR PERSONAL INJURY RESULTING FROM INMOBI’S OR QUANTCAST’S NEGLIGENCE, OR INMOBI’S OR QUANTCAST’S FRAUD, NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, INMOBI’S OR QUANTCAST’S LIABILITY TO CUSTOMER FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION WILL AT ALL TIMES BE LIMITED TO TWO HUNDRED FIFTY DOLLARS (U.S. $250.00).
8. Notices. All notices or other communications to InMobi or Quantcast, acting on behalf of InMobi, from Customer will be deemed given only when received by hand delivery, electronic mail, or prepaid first class mail, at the address below or any other address provided by InMobi or Quantcast (acting on behalf of InMobi) to Customer for these purposes, with attention to the Legal Department.
Persons in the United States, please contact:
Quantcast Corp. 795 Folsom Street, Floor 5, San Francisco, CA 94107 Attn: Legal Department
With a copy to:
InMobi Pte Ltd.
160 Robinson Road, #20-03
SBF Business Center, Singapore 068914
Attn: Legal Department
Persons outside of the United States, please contact:
Quantcast International Limited
Beaux Lane House Lower Mercer Street, 1st FloorDublin 2, Ireland
Attn: Legal Department
With a copy to:
InMobi Pte Ltd.
160 Robinson Road, #20-03
SBF Business Center, Singapore 068914
Attn: Legal Department
9. COMPLIANCE WITH LAWS
Each Party will comply with all laws and regulations applicable to such party’s performance of this Agreement.
Without limiting the generality of the foregoing, each party will comply fully with all applicable export control and sanctions laws and regulations of any country having competent jurisdiction (collectively, “Trade Laws”) to ensure that no services, payments, or other deliverables provided under this Agreement are: (i) provided to, purchased by, routed through, or used for the direct benefit of any party subject to the restriction of a sanctions or export denial list; (ii) provided to, purchased by, routed through, or used for the direct benefit of any region subject to comprehensive sanctions (presently including Crimea, Cuba, Iran, Syria or North Korea); or (iii) used for any purpose prohibited under applicable export control and sanctions laws and regulations, including, but not limited to, nuclear, chemical, or biological weapons proliferation.
Customer affirms its policy and corporate practice to comply and require parties with whom it contracts to comply with all applicable anti-bribery laws that apply to it and its operations, including without limitation, the Indian Prevention of Corruption Act, 1988, U.K. Bribery Act 2010 and U.S. Foreign Corrupt Practices Act (collectively, "Anti-Bribery Laws"). In connection with its performance under this Agreement, Customer confirms that: (i) it is aware of and has appropriate procedures to comply with the Anti-Bribery Laws and will advise all persons and parties under its control or acting as its agent of the requirements of the Anti-Bribery Laws; (ii) it will not be or cause any party to be in violation of the Anti-Bribery Laws; and (iii) should Customer learn of, or have reasons to know of, any request for payment that is inconsistent with the Anti-Bribery Laws, it shall immediately notify InMobi and Quantcast.
In case the Customer is found to have violated any Trade Laws or Anti-bribery Laws in connection with its performance under this Agreement, InMobi shall have the right to terminate this Agreement with immediate effect and no further liability, upon written notice to Customer, without prejudice to any other rights or remedies available to it under contract or in law. The Customer shall indemnify InMobi against any losses, liabilities, damages, costs (including but not limited to legal fees) and expenses incurred by or awarded against InMobi as a result of any breach of this Section.
10. Miscellaneous. This Agreement constitutes the entire Agreement between the parties with respect to the Solution and supersedes all previous and contemporaneous agreements, proposals, and communications, written or oral, between InMobi, Quantcast and Customer with respect thereto. Any waiver by any of the parties hereto of any violation of this Agreement will not be deemed to waive any further or future violation of the same or any other provision. If any parts or provisions of this Agreement are held to be unenforceable, then Customer and InMobi agree that such parts or provisions will be given maximum permissible force and effect and the remainder of the Agreement will be fully enforceable. Customer and InMobi agree that there are no a third party beneficiaries of any and all promises, obligations, or representations made by Customer or InMobi. Customer may not assign this Agreement without InMobi’s prior written consent, except in connection with a sale of all (or substantially all) of its assets relating to this Agreement, a merger, or a reorganization. InMobi may assign all or part of this Agreement freely, including in connection with a sale of some or all of its assets relating to the Solution, this Agreement, or a merger or reorganization. Nothing in this Agreement will constitute a partnership or joint venture between any of Customer, InMobi and/or Quantcast. This Agreement is drafted in the English language. Any translation into another language is provided for convenience only. In the event of any inconsistency between the English language version and any translation, the English language version shall prevail.
11. Contracting Party; Choice of Law and Venue. This Agreement is between Customer and InMobi Pte Ltd (a Singapore corporation) with Quantcast, acting on behalf of InMobi, and this Agreement and any dispute relating to this Agreement will be governed by the laws of California, without regard to the conflicts of law provisions, and Customer and InMobi consent and agree that jurisdiction, proper venue, and the most convenient forum for all claims, actions, and proceedings of any kind relating to this Agreement will be exclusively in courts located in San Francisco, California.
Effective August 17, 2023 to August 17, 2023
DownloadTable of Contents
Last Updated: Aug 7, 2023
These Terms of Service (collectively, this “Agreement”) describe the terms and conditions on which InMobi Pte Ltd (“InMobi” or “We”) make/s this Consent Management Platform (formerly Quantcast Choice, the “Solution”) available to Customer. For the avoidance of doubt, InMobi makes the Solution available to Customer through the Quantcast Corporation (“Quantcast”) website, and Quantcast hereby acts on behalf of InMobi to offer and administer the Solution.
This Agreement is a legally binding contract between you and InMobi for the Solution. If you are using the Solution on behalf of an organization (e.g., your employer or other entity), you are agreeing to this Agreement for that organization and representing and warranting that you have the authority to bind that organization to this Agreement (in which event, “Customer” and “you” will refer to that organization).
InMobi reserves the right to modify this Agreement. We will notify you by making the revised version available on this page, and an updated revision date will indicate that changes have been made. If you do not accept the changes, you must stop using the Solution. Your continued use of the Solution after we publish changes means that you are consenting to the updates. We also reserve the right to modify or discontinue any or all of the Solution at any time, for any or no reason, with or without notice.
1. Certain Definitions.
“Applicable Privacy Laws” means the relevant data privacy legislation, such as GDPR or the CCPA.
“IAB Privacy Frameworks” means the IAB Europe Transparency and Consent Framework and the IAB CCPA Compliance Framework.
“CCPA” means Title 1.81.5 of the California Civil Code, as amended.
“EU GDPR” means 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.
“UK GDPR” means the EU GDPR as amended and incorporated into UK law under the UK European Union (Withdrawal) Act 2018, if in force.
“GDPR” means, as applicable: (a) the EU GDPR; and/or (b) the UK GDPR.
“Choice Tag” means the particular JavaScript code or SDK provided to Customer by Quantcast on behalf of InMobi and embeddable on web pages or apps for implementation of the Solution, together with any fixes, updates, and upgrades provided to Customer.
“Choice Signal” means the indication as to whether a website visitor or app user (i.e., end user) has (a) been informed of; (b) provided, withheld, or withdrawn consent to; (c) objected or removed objections to; or (d) otherwise opted in or out of the processing of Personal Information for some or all purposes by some or all third parties in accordance with IAB Privacy Frameworks.
“Personal Information” has the same meaning as “personal data” or “personal information” under Applicable Privacy Laws.
2. InMobi’s Choice Platform (operated by Quantcast on behalf of InMobi).
a. Solution. On behalf of InMobi, Quantcast will provide Customer with the Choice Tag and Choice Technical Guide in order for Customer to implement the Solution.
The Solution enables operators of digital properties to display a user interface to consumers, including selectively by geographic information inferred from a Consumer’s Internet Protocol address to (i) provide information to consumers about how their Personal Information is processed in accordance with the IAB Europe Transparency and Consent Framework; (ii) allow consumers to consent, refuse or withdraw consent and/or object to the processing of their Personal Information in accordance with the IAB Europe Transparency and Consent Framework; and (iii) allow consumers to opt out of the sale of their Personal Information in accordance with the IAB CCPA Compliance Framework. The Solution further enables operators of digital properties to store users’ privacy preferences and transmit stored privacy preferences in accordance with the IAB Europe Transparency and Consent Framework or IAB CCPA Compliance Framework, as applicable.
b. InMobi Obligations and Representations. InMobi agrees, represents, and warrants to Customer that the Solution is compatible and compliant with the applicable IAB Privacy Frameworks.
c. Customer’s Obligations and Representations. Customer agrees, represents and warrants to InMobi and Quantcast that Customer: (i) has all rights, approvals, and consents necessary to implement the Solution on webpages, apps, or other digital applications; (ii) will implement the Choice Tag only as described in the InMobi Choice Technical Guide and the terms and conditions of this Agreement and update the Choice Tag when InMobi and/or Quantcast, acting on behalf of InMobi, notifies Customer of any fixes, updates, and upgrades; (iii) will not interfere or attempt to interfere with the operational features of the Solution; (iv) will not delete, or in any manner alter, the copyright, trademark, or other proprietary rights notices appearing on the Solution; and (v) will not modify, reverse engineer, download, host on Customer’s own servers, disassemble, decompile, license, or sublicense the Solution to any third parties or otherwise use the Solution, including the InMobi Choice Technical Guide or other corresponding instruction manuals and documentation, to develop or assist in developing a product or service competitive with the Solution.
3. Indemnity. Customer agrees to defend, indemnify, and hold InMobi and Quantcast harmless from any judgments, damages, loss, liability, fines, or costs (including reasonable attorneys’ fees) resulting from Customer’s breach of a term of this Agreement or Customer’s use of the Solution if not in compliance with the terms of the Agreement. Neither InMobi nor Quantcast will have any obligation or liability hereunder where the claim results from any combination with, addition to, or modification of the Choice Tag. Where pursuant to Article 82(4) of the GDPR, InMobi and/or Quantcast is found to be liable for the entire damage arising from a breach or breaches of the GDPR relating to activities under this Agreement, in order to ensure effective compensation of one or more individuals, then Customer shall indemnify InMobi and Quantcast for all claims, demands, loss, damages, or expenses (including reasonable attorneys’ fees) relating to any breaches of GDPR for which Customer is wholly or partly responsible. All compensation paid to a data subject pursuant to Article 82(4) of the GDPR by InMobi and/or Quantcast which is wholly or partly attributable to GDPR breaches by Customer shall be repaid pursuant to this indemnity and Article 82(5) immediately on receipt of a written request from InMobi and/or Quantcast pursuant to this Section 3.
4. Warranty Disclaimer. The Solution provided “as is” without warranty or condition of any kind, either express or implied. Without limiting the foregoing, InMobi and Quantcast explicitly disclaim any warranties of merchantability, fitness for a particular purpose, quiet enjoyment, or non-infringement. Neither InMobi nor Quantcast assumes any liability on behalf of Customer, any of Customer’s third party vendors, or any other entities for acting or not acting on Choice Signals, or if Customer or any of Customer’s third party vendors or any other entities bypass or otherwise interfere with the technical restrictions included in the Solution as provided by Quantcast acting on behalf of InMobi. Neither InMobi nor Quantcast makes any warranty that the Solution, including the Choice Tag, will (a) be available on an uninterrupted, secure, or error-free basis, (b) not cause any latency or processing delays, or (c) meets any legal requirements around consent or data protection. Neither InMobi nor Quantcast assumes any liability for Customer’s reliance on the Solution. The foregoing exclusions and disclaimers are an essential part of this Agreement and formed a basis for enabling Quantcast (acting on behalf of InMobi) and InMobi to offer the Solution to Customer. Some jurisdictions do not allow exclusion of certain warranties so this disclaimer may not apply to Customer in full.
5. Termination. Unless otherwise terminated as set forth herein, this Agreement will remain in full force and effect while Customer uses the Solution. Customer may terminate this Agreement by removing the Choice Tag from Customer’s websites or apps, as applicable, or notifying Quantcast and InMobi of Customer’s termination of this Agreement at any time in writing. Quantcast or InMobi may terminate access to the Solution or terminate this Agreement at any time, for any reason or no reason and without any liability to Customer. Neither InMobi nor Quantcast will be liable to Customer or any third party for termination of this Agreement. Notwithstanding the above, Sections 3 and 7 to 10 will survive termination. For the avoidance of doubt, to the extent Customer entered into an agreement with Quantcast for the provision of Quantcast Measure concurrently with its agreement with Quantcast for the provision of Quantcast Choice, Customer’s termination of this Agreement does not terminate Customer’s agreement to the Quantcast Measure Terms, unless Customer explicitly and/or separately also terminates the Quantcast Measure Terms as set forth in the Quantcast Measure Terms.
6. Modification of the Agreement. InMobi reserves the right, in its sole discretion, to modify or discontinue the Solution without notice. InMobi may also modify this Agreement from time to time. If the modified Agreement is not acceptable to Customer, Customer may terminate Customer’s account by following the procedure in Section 5.
7. Limitation on Liability. IN NO EVENT WILL INMOBI OR QUANTCAST BE LIABLE TO CUSTOMER OR ANY THIRD PARTY FOR ANY CONSEQUENTIAL LOSS, EXEMPLARY DAMAGE, INCIDENTAL LOSS, SPECIAL DAMAGE OR LOSS, LOST PROFIT, OR PUNITIVE DAMAGES ARISING FROM CUSTOMER’S USE OF THE SOLUTION, EVEN IF INMOBI AND/OR QUANTCAST HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THESE LIMITATIONS FORMED A BASIS FOR ENABLING INMOBI AND QUANTCAST, ACTING ON BEHALF OF INMOBI, TO OFFER THE SOLUTION TO CUSTOMER. THIS PARAGRAPH WILL APPLY REGARDLESS OF ANY FAILURE OF THE EXCLUSIVE REMEDY PROVIDED IN THE FOLLOWING PARAGRAPH. EXCEPT WITH REGARD TO LIABILITY STEMMING FROM DEATH OR PERSONAL INJURY RESULTING FROM INMOBI’S OR QUANTCAST’S NEGLIGENCE, OR INMOBI’S OR QUANTCAST’S FRAUD, NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, INMOBI’S OR QUANTCAST’S LIABILITY TO CUSTOMER FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION WILL AT ALL TIMES BE LIMITED TO TWO HUNDRED FIFTY DOLLARS (U.S. $250.00).
8. Notices. All notices or other communications to InMobi or Quantcast, acting on behalf of InMobi, from Customer will be deemed given only when received by hand delivery, electronic mail, or prepaid first class mail, at the address below or any other address provided by InMobi or Quantcast (acting on behalf of InMobi) to Customer for these purposes, with attention to the Legal Department.
Persons in the United States, please contact:
Quantcast Corp. 795 Folsom Street, Floor 5, San Francisco, CA 94107 Attn: Legal Department
With a copy to:
InMobi Pte Ltd.
160 Robinson Road, #20-03
SBF Business Center, Singapore 068914
Attn: Legal Department
Persons outside of the United States, please contact:
Quantcast International Limited
Beaux Lane House Lower Mercer Street, 1st FloorDublin 2, Ireland
Attn: Legal Department
With a copy to:
InMobi Pte Ltd.
160 Robinson Road, #20-03
SBF Business Center, Singapore 068914
Attn: Legal Department
9. COMPLIANCE WITH LAWS
Each Party will comply with all laws and regulations applicable to such party’s performance of this Agreement.
Without limiting the generality of the foregoing, each party will comply fully with all applicable export control and sanctions laws and regulations of any country having competent jurisdiction (collectively, “Trade Laws”) to ensure that no services, payments, or other deliverables provided under this Agreement are: (i) provided to, purchased by, routed through, or used for the direct benefit of any party subject to the restriction of a sanctions or export denial list; (ii) provided to, purchased by, routed through, or used for the direct benefit of any region subject to comprehensive sanctions (presently including Crimea, Cuba, Iran, Syria or North Korea); or (iii) used for any purpose prohibited under applicable export control and sanctions laws and regulations, including, but not limited to, nuclear, chemical, or biological weapons proliferation.
Customer affirms its policy and corporate practice to comply and require parties with whom it contracts to comply with all applicable anti-bribery laws that apply to it and its operations, including without limitation, the Indian Prevention of Corruption Act, 1988, U.K. Bribery Act 2010 and U.S. Foreign Corrupt Practices Act (collectively, "Anti-Bribery Laws"). In connection with its performance under this Agreement, Customer confirms that: (i) it is aware of and has appropriate procedures to comply with the Anti-Bribery Laws and will advise all persons and parties under its control or acting as its agent of the requirements of the Anti-Bribery Laws; (ii) it will not be or cause any party to be in violation of the Anti-Bribery Laws; and (iii) should Customer learn of, or have reasons to know of, any request for payment that is inconsistent with the Anti-Bribery Laws, it shall immediately notify InMobi and Quantcast.
In case the Customer is found to have violated any Trade Laws or Anti-bribery Laws in connection with its performance under this Agreement, InMobi shall have the right to terminate this Agreement with immediate effect and no further liability, upon written notice to Customer, without prejudice to any other rights or remedies available to it under contract or in law. The Customer shall indemnify InMobi against any losses, liabilities, damages, costs (including but not limited to legal fees) and expenses incurred by or awarded against InMobi as a result of any breach of this Section.
10. Miscellaneous. This Agreement constitutes the entire Agreement between the parties with respect to the Solution and supersedes all previous and contemporaneous agreements, proposals, and communications, written or oral, between InMobi, Quantcast and Customer with respect thereto. Any waiver by any of the parties hereto of any violation of this Agreement will not be deemed to waive any further or future violation of the same or any other provision. If any parts or provisions of this Agreement are held to be unenforceable, then Customer and InMobi agree that such parts or provisions will be given maximum permissible force and effect and the remainder of the Agreement will be fully enforceable. Customer and InMobi agree that there are no a third party beneficiaries of any and all promises, obligations, or representations made by Customer or InMobi. Customer may not assign this Agreement without InMobi’s prior written consent, except in connection with a sale of all (or substantially all) of its assets relating to this Agreement, a merger, or a reorganization. InMobi may assign all or part of this Agreement freely, including in connection with a sale of some or all of its assets relating to the Solution, this Agreement, or a merger or reorganization. Nothing in this Agreement will constitute a partnership or joint venture between any of Customer, InMobi and/or Quantcast. This Agreement is drafted in the English language. Any translation into another language is provided for convenience only. In the event of any inconsistency between the English language version and any translation, the English language version shall prevail.
10. Contracting Party; Choice of Law and Venue. This Agreement is between Customer and InMobi Pte Ltd (a Singapore corporation) with Quantcast, acting on behalf of InMobi, and this Agreement and any dispute relating to this Agreement will be governed by the laws of California, without regard to the conflicts of law provisions, and Customer and InMobi consent and agree that jurisdiction, proper venue, and the most convenient forum for all claims, actions, and proceedings of any kind relating to this Agreement will be exclusively in courts located in San Francisco, California.
Effective July 11, 2023 to August 17, 2023
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Last Updated: July 11, 2023
These Quantcast Choice Terms of Service (collectively, this “Agreement”) describe the terms and conditions on which Quantcast makes Quantcast Choice (the “Solution”) available to Customer.
This Agreement is a legally binding contract between you and Quantcast Corp for the Solution. If you are using the Solution on behalf of an organization (e.g., your employer or other entity), you are agreeing to this Agreement for that organization and representing and warranting that you have the authority to bind that organization to this Agreement (in which event, “Customer” and “you” will refer to that organization).
Quantcast reserves the right to modify this Agreement. We will notify you by making the revised version available on this page, and an updated revision date will indicate that changes have been made. If you do not accept the changes, you must stop using the Services. Your continued use of the Solution after we publish changes means that you are consenting to the updates. We also reserve the right to modify or discontinue any or all of the Solution at any time, for any or no reason, with or without notice.
1. Certain Definitions.
“Applicable Privacy Laws” means the GDPR and the CCPA.
“IAB Privacy Frameworks” means the IAB Europe Transparency and Consent Framework and the IAB CCPA Compliance Framework.
“CCPA” means Title 1.81.5 of the California Civil Code, as amended.
“EU GDPR” means 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.
“UK GDPR” means the EU GDPR as amended and incorporated into UK law under the UK European Union (Withdrawal) Act 2018, if in force.
“GDPR” means, as applicable: (a) the EU GDPR; and/or (b) the UK GDPR.
“Choice Tag” means the particular JavaScript code or SDK provided to Customer by Quantcast and embeddable on web pages or apps for implementation of the Solution, together with any fixes, updates, and upgrades provided to Customer.
“Choice Signal” means the indication as to whether a website visitor or app user (i.e., end user) has (a) been informed of; (b) provided, withheld, or withdrawn consent to; (c) objected or removed objections to; or (d) otherwise opted in or out of the processing of Personal Information for some or all purposes by some or all third parties in accordance with IAB Privacy Frameworks.
“Personal Information” has the same meaning as “personal data” or “personal information” under Applicable Privacy Laws.
2. Quantcast Transparency and Consent Management Platform.
a. Solution. Quantcast will provide Customer with the Choice Tag and Quantcast Choice Technical Guide in order for Customer to implement the Solution. The Solution comprises the Quantcast Choice Basic Services, the Quantcast Choice Additional Services, and the Quantcast Measure Component:
(i). “Quantcast Choice Basic Services” means the applicable services listed here as Quantcast Choice Basic Services, as updated from time to time.
(ii). “Quantcast Choice Additional Services” means the applicable services, if any, listed here as Quantcast Choice Additional Services, as updated from time to time.
(iii). “Quantcast Measure Component” means the applicable services listed at /products/measure-audience-insights/, as updated from time to time. By using the Solution, Customer additionally agrees to the Quantcast Measure Terms of Service found at /legal/measure-terms-service/ (the “Measure Terms”). The Measure Terms are a standalone agreement between you and Quantcast.
b. Quantcast Obligations and Representations. Quantcast agrees, represents, and warrants to Customer that the Solution is compatible and compliant with the IAB Privacy Frameworks.
c. Customer’s Obligations and Representations. Customer agrees, represents and warrants to Quantcast that Customer: (i) has all rights, approvals, and consents necessary to implement the Solution on webpages, apps, or other digital applications; (ii) will implement the Choice Tag only as described in the Quantcast Choice Technical Guide provided by Quantcast and the terms and conditions of this Agreement and update the Choice Tag when Quantcast notifies Customer of any fixes, updates, and upgrades; (iii) will not interfere or attempt to interfere with the operational features of the Solution; (iv) will not delete, or in any manner alter, the copyright, trademark, or other proprietary rights notices appearing on the Solution; and (v) will not modify, reverse engineer, download, host on Customer’s own servers, disassemble, decompile, license, or sublicense the Solution to any third parties or otherwise use the Solution, including the Quantcast Choice Technical Guide or other corresponding instruction manuals and documentation, to develop or assist in developing a product or service competitive with the Solution.
3. Indemnity. Customer agrees to defend, indemnify, and hold Quantcast harmless from any judgments, damages, loss, liability, fines, or costs (including reasonable attorneys’ fees) resulting from Customer’s breach of a term of this Agreement or Customer’s use of the Solution if not in compliance with the terms of the Agreement. Quantcast will have no obligation or liability hereunder where the claim results from any combination with, addition to, or modification of the Choice Tag. Where pursuant to Article 82(4) of the GDPR, Quantcast is found to be liable for the entire damage arising from a breach or breaches of the GDPR relating to activities under this Agreement, in order to ensure effective compensation of one or more individuals, then Customer shall indemnify Quantcast for all claims, demands, loss, damages, or expenses (including reasonable attorneys’ fees) relating to any breaches of GDPR for which Customer is wholly or partly responsible. All compensation paid to a data subject pursuant to Article 82(4) of the GDPR by Quantcast which is wholly or partly attributable to GDPR breaches by Customer shall be repaid pursuant to this indemnity and Article 82(5) immediately on receipt of a written request from Quantcast pursuant to this Section 3.
4. Warranty Disclaimer. The Solution provided “as is” without warranty or condition of any kind, either express or implied. Without limiting the foregoing, Quantcast explicitly disclaims any warranties of merchantability, fitness for a particular purpose, quiet enjoyment, or non-infringement. Quantcast assumes no liability on behalf of Customer, any of Customer’s third party vendors, or any other entities for acting or not acting on Choice Signals, or if Customer or any of Customer’s third party vendors or any other entities bypass or otherwise interfere with the technical restrictions included in the Solution as provided by Quantcast. Quantcast makes no warranty that the Solution, including the Choice Tag, will (a) be available on an uninterrupted, secure, or error-free basis, (b) not cause any latency or processing delays, or (c) meets any legal requirements around consent or data protection. Quantcast assumes no liability for Customer’s reliance on the Solution. The foregoing exclusions and disclaimers are an essential part of this Agreement and formed a basis for enabling Quantcast to offer the Solution to Customer. Some jurisdictions do not allow exclusion of certain warranties so this disclaimer may not apply to Customer in full.
5. Termination. Unless otherwise terminated as set forth herein, this Agreement will remain in full force and effect while Customer uses the Solution. Customer may terminate this Agreement by removing the Choice Tag from Customer’s websites or apps, as applicable, or notifying Quantcast of Customer’s termination of this Agreement at any time in writing. Quantcast may terminate access to the Solution or terminate this Agreement at any time, for any reason or no reason and without any liability to Customer. Quantcast will not be liable to Customer or any third party for termination of this Agreement. Notwithstanding the above, Sections 3 and 7 to 10 will survive termination. For the avoidance of doubt, Customer’s termination of this Agreement does not terminate Customer’s agreement to the Measure Terms, unless Customer explicitly and/or separately also terminates the Measure Terms as set forth in the Measure Terms.
6. Modification of the Agreement. Quantcast reserves the right, in its sole discretion, to modify or discontinue the Solution without notice. Quantcast may also modify this Agreement from time to time. If the modified Agreement is not acceptable to Customer, Customer may terminate Customer’s account by following the procedure in Section 5.
7. Limitation on Liability. IN NO EVENT WILL QUANTCAST BE LIABLE TO CUSTOMER OR ANY THIRD PARTY FOR ANY CONSEQUENTIAL LOSS, EXEMPLARY DAMAGE, INCIDENTAL LOSS, SPECIAL DAMAGE OR LOSS, LOST PROFIT, OR PUNITIVE DAMAGES ARISING FROM CUSTOMER’S USE OF THE SOLUTION, EVEN IF QUANTCAST HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THESE LIMITATIONS FORMED A BASIS FOR ENABLING QUANTCAST TO OFFER THE SOLUTION TO CUSTOMER. THIS PARAGRAPH WILL APPLY REGARDLESS OF ANY FAILURE OF THE EXCLUSIVE REMEDY PROVIDED IN THE FOLLOWING PARAGRAPH. EXCEPT WITH REGARD TO LIABILITY STEMMING FROM DEATH OR PERSONAL INJURY RESULTING FROM QUANTCAST’S NEGLIGENCE, OR QUANTCAST’S FRAUD, NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, QUANTCAST’S LIABILITY TO CUSTOMER FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION WILL AT ALL TIMES BE LIMITED TO TWO HUNDRED FIFTY DOLLARS (U.S. $250.00).
8. Notices. All notices or other communications to Quantcast from Customer will be deemed given only when received by hand delivery, electronic mail, or prepaid first class mail, at the address below or any other address provided by Quantcast to Customer for these purposes, with attention to the Legal Department.
Persons in the United States, please contact:Quantcast Corp.795 Folsom StreetSan Francisco, CA 94107 Attn: Legal Department Email: contact@quantcast.com
Persons outside of the United States, please contact:Quantcast International LimitedBeaux Lane HouseLower Mercer Street, 1st FloorDublin 2, IrelandAttn: Legal DepartmentEmail: contact.dublin@quantcast.com
9. Miscellaneous. This Agreement constitutes the entire Agreement between the parties with respect to the Solution and supersedes all previous and contemporaneous agreements, proposals, and communications, written or oral, between Quantcast and Customer with respect thereto. Any waiver by either party of any violation of this Agreement will not be deemed to waive any further or future violation of the same or any other provision. If any parts or provisions of this Agreement are held to be unenforceable, then Customer and Quantcast agree that such parts or provisions will be given maximum permissible force and effect and the remainder of the Agreement will be fully enforceable. Customer and Quantcast agree that there are no third party beneficiaries of any promises, obligations, or representations made by Quantcast. Customer may not assign this Agreement without Quantcast’s prior written consent, except in connection with a sale of all (or substantially all) of its assets relating to this Agreement, a merger, or a reorganization. Quantcast may assign all or part of this Agreement freely, including in connection with a sale of some or all of its assets relating to the Solution, this Agreement, or a merger or reorganization. Nothing in this Agreement will constitute a partnership or joint venture between Customer and Quantcast. This Agreement is drafted in the English language. Any translation into another language is provided for convenience only. In the event of any inconsistency between the English language version and any translation, the English language version shall prevail.
10. Contracting Party; Choice of Law and Venue. If Customer resides in the United States, this Agreement is between Customer and Quantcast Corporation (a Delaware corporation), this Agreement and any dispute relating to this Agreement will be governed by the laws of California, and Customer and Quantcast Corporation consent and agree that jurisdiction, proper venue, and the most convenient forum for all claims, actions, and proceedings of any kind relating to this Agreement will be exclusively in courts located in San Francisco, California. If Customer resides outside of the United States, this Agreement is between Customer and Quantcast International Limited (an Irish limited liability company), this Agreement and any dispute relating to this Agreement will be governed by the laws of Ireland, and Customer and Quantcast International Limited consent and agree that jurisdiction, proper venue, and the most convenient forum for all claims, actions, and proceedings of any kind relating to this Agreement will be exclusively in courts located in Dublin, Ireland. References in this Agreement to “Quantcast”, “us”, “we,” and “our” mean either Quantcast Corporation or Quantcast International Limited, as appropriate.
Effective June 21, 2023 to July 11, 2023
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Quantcast Choice Terms of Service
Last Updated: October 8, 2021
These Quantcast Choice Terms of Service, including the attached Quantcast Choice Processing Terms (collectively, this “Agreement”), describe the terms and conditions on which Quantcast makes Quantcast Choice (the “Solution”) available to Customer.
BY USING THE SOLUTION, CUSTOMER IS AGREEING TO BE BOUND BY THIS AGREEMENT. IF CUSTOMER IS ENTERING INTO THIS AGREEMENT ON BEHALF OF A COMPANY OR OTHER LEGAL ENTITY, CUSTOMER REPRESENTS THAT CUSTOMER HAS THE AUTHORITY TO BIND SUCH ENTITY, IN WHICH CASE THE TERM “CUSTOMER” WILL REFER TO SUCH ENTITY (OR, IF SUCH ENTITY IS ACTING AS AN AUTHORIZED THIRD PARTY, THEN THE TERM “CUSTOMER” WILL REFER TO SUCH ENTITY, THE AUTHORIZING PARTY(IES), OR BOTH, AS APPLICABLE). QUANTCAST MAY MODIFY THIS AGREEMENT FROM TIME TO TIME; CONTINUED USE 30 DAYS AFTER NOTIFICATION WILL CONSTITUTE ACCEPTANCE (SEE SECTION 6). PLEASE READ THIS AGREEMENT CAREFULLY.
1. Certain Definitions.
“Applicable Privacy Laws” means the GDPR and the CCPA.
“IAB Privacy Frameworks” means the IAB Europe Transparency and Consent Framework and the IAB CCPA Compliance Framework.
“CCPA” means Title 1.81.5 of the California Civil Code.
“EU GDPR” means 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.
“UK GDPR” means the EU GDPR as amended and incorporated into UK law under the UK European Union (Withdrawal) Act 2018, if in force.
“GDPR” means, as applicable: (a) the EU GDPR; and/or (b) the UK GDPR.
“Choice Tag” means the particular JavaScript code or SDK provided to Customer by Quantcast and embeddable on web pages or apps for implementation of the Solution, together with any fixes, updates, and upgrades provided to Customer.
“Choice Signal” means the indication as to whether a website visitor or app user (i.e., end user) has (a) been informed of; (b) provided, withheld, or withdrawn consent to; (c) objected or removed objections to; or (d) otherwise opted in or out of the processing of Personal Information for some or all purposes by some or all third parties in accordance with IAB Privacy Frameworks.
“Personal Information” has the same meaning as “personal data” or “personal information” under Applicable Privacy Laws.
2. Quantcast Transparency and Consent Management Platform.
a. Solution. Quantcast will provide Customer with the Choice Tag and Quantcast Choice Technical Guide in order for Customer to implement the Solution. The Solution comprises the Quantcast Choice Basic Services, the Quantcast Choice Additional Services, and the Quantcast Measure Component:
(i). “Quantcast Choice Basic Services” means the applicable services listed here as Quantcast Choice Basic Services, as updated from time to time.
(ii). “Quantcast Choice Additional Services” means the applicable services, if any, listed here as Quantcast Choice Additional Services, as updated from time to time.
(iii). “Quantcast Measure Component” means the applicable services listed at /products/measure-audience-insights/, as updated from time to time. By using the Solution, Customer additionally agrees to be bound by, and to comply with, the Quantcast Measure and Q for Publishers Terms of Service found at /legal/measure-terms-service/ (the “Measure Terms”), and, solely for purposes of the Measure Terms, the Solution shall collectively be deemed to be a component of the Services (as defined in the Measure Terms).
b. Quantcast Obligations and Representations. Quantcast agrees, represents, and warrants to Customer that the Solution is compatible and compliant with the IAB Privacy Frameworks.
c. Customer’s Obligations and Representations. Customer agrees, represents and warrants to Quantcast that Customer: (i) has all rights, approvals, and consents necessary to implement the Solution on webpages, apps, or other digital applications; (ii) will implement the Choice Tag only as described in the Quantcast Choice Technical Guide provided by Quantcast and the terms and conditions of this Agreement and update the Choice Tag when Quantcast notifies Customer of any fixes, updates, and upgrades; (iii) will not interfere or attempt to interfere with the operational features of the Solution; (iv) will not delete, or in any manner alter, the copyright, trademark, or other proprietary rights notices appearing on the Solution; and (v) will not modify, reverse engineer, download, host on Customer’s own servers, disassemble, decompile, license, or sublicense the Solution to any third parties or otherwise use the Solution, including the Quantcast Choice Technical Guide or other corresponding instruction manuals and documentation, to develop or assist in developing a product or service competitive with the Solution.
3. Indemnity. Customer agrees to defend, indemnify, and hold Quantcast harmless from any judgments, damages, loss, liability, fines, or costs (including reasonable attorneys’ fees) resulting from Customer’s breach of a term of this Agreement or Customer’s use of the Solution if not in compliance with the terms of the Agreement. Quantcast will have no obligation or liability hereunder where the claim results from any combination with, addition to, or modification of the Choice Tag. Where pursuant to Article 82(4) of the GDPR, Quantcast is found to be liable for the entire damage arising from a breach or breaches of the GDPR relating to activities under this Agreement, in order to ensure effective compensation of one or more individuals, then Customer shall indemnify Quantcast for all claims, demands, loss, damages, or expenses (including reasonable attorneys’ fees) relating to any breaches of GDPR for which Customer is wholly or partly responsible. All compensation paid to a data subject pursuant to Article 82(4) of the GDPR by Quantcast which is wholly or partly attributable to GDPR breaches by Customer shall be repaid pursuant to this indemnity and Article 82(5) immediately on receipt of a written request from Quantcast pursuant to this Section 3.
4. Warranty Disclaimer. The Solution provided “as is” without warranty or condition of any kind, either express or implied. Without limiting the foregoing, Quantcast explicitly disclaims any warranties of merchantability, fitness for a particular purpose, quiet enjoyment, or non-infringement. Quantcast assumes no liability on behalf of Customer, any of Customer’s third party vendors, or any other entities for acting or not acting on Choice Signals, or if Customer or any of Customer’s third party vendors or any other entities bypass or otherwise interfere with the technical restrictions included in the Solution as provided by Quantcast. Quantcast makes no warranty that the Solution, including the Choice Tag, will (a) be available on an uninterrupted, secure, or error-free basis, (b) not cause any latency or processing delays, or (c) meets any legal requirements around consent or data protection. Quantcast assumes no liability for Customer’s reliance on the Solution. The foregoing exclusions and disclaimers are an essential part of this Agreement and formed a basis for enabling Quantcast to offer the Solution to Customer. Some jurisdictions do not allow exclusion of certain warranties so this disclaimer may not apply to Customer in full.
5. Termination. Unless otherwise terminated as set forth herein, this Agreement will remain in full force and effect while Customer uses the Solution. Customer may terminate this Agreement by removing the Choice Tag from Customer’s websites or apps, as applicable, or notifying Quantcast of Customer’s termination of this Agreement at any time in writing. Quantcast may terminate access to the Solution or terminate this Agreement at any time, for any reason or no reason and without any liability to Customer. Quantcast will not be liable to Customer or any third party for termination of this Agreement. Notwithstanding the above, Sections 3 and 7 to 10 will survive termination.
6. Modification of the Agreement. Quantcast reserves the right, in its sole discretion, to modify or discontinue the Solution without notice. Quantcast may also modify this Agreement from time to time. If the modified Agreement is not acceptable to Customer, Customer may terminate Customer’s account within 30 days by following the procedure in Section 5. Use of the Solution, after 30 days, will constitute Customer’s acceptance thereof.
7. Limitation on Liability. IN NO EVENT WILL QUANTCAST BE LIABLE TO CUSTOMER OR ANY THIRD PARTY FOR ANY CONSEQUENTIAL LOSS, EXEMPLARY DAMAGE, INCIDENTAL LOSS, SPECIAL DAMAGE OR LOSS, LOST PROFIT, OR PUNITIVE DAMAGES ARISING FROM CUSTOMER’S USE OF THE SOLUTION, EVEN IF QUANTCAST HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THESE LIMITATIONS FORMED A BASIS FOR ENABLING QUANTCAST TO OFFER THE SOLUTION TO CUSTOMER. THIS PARAGRAPH WILL APPLY REGARDLESS OF ANY FAILURE OF THE EXCLUSIVE REMEDY PROVIDED IN THE FOLLOWING PARAGRAPH. EXCEPT WITH REGARD TO LIABILITY STEMMING FROM DEATH OR PERSONAL INJURY RESULTING FROM QUANTCAST’S NEGLIGENCE, OR QUANTCAST’S FRAUD, NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, QUANTCAST’S LIABILITY TO CUSTOMER FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION WILL AT ALL TIMES BE LIMITED TO TWO HUNDRED FIFTY DOLLARS (U.S. $250.00).
8. Notices. All notices or other communications to Quantcast from Customer will be deemed given only when received by hand delivery, electronic mail, or prepaid first class mail, at the address below or any other address provided by Quantcast to Customer for these purposes, with attention to the Legal Department.
Persons in the United States, please contact:Quantcast Corp.795 Folsom StreetSan Francisco, CA 94107Attn: Legal DepartmentEmail: contact@quantcast.com
Persons outside of the United States, please contact:Quantcast International LimitedBeaux Lane HouseLower Mercer Street, 1st FloorDublin 2, IrelandAttn: Legal DepartmentEmail: contact.dublin@quantcast.com
9. Miscellaneous. This Agreement constitutes the entire Agreement between the parties with respect to the Solution and supersedes all previous and contemporaneous agreements, proposals, and communications, written or oral, between Quantcast and Customer with respect thereto. Any waiver by either party of any violation of this Agreement will not be deemed to waive any further or future violation of the same or any other provision. If any parts or provisions of this Agreement are held to be unenforceable, then Customer and Quantcast agree that such parts or provisions will be given maximum permissible force and effect and the remainder of the Agreement will be fully enforceable. Customer and Quantcast agree that there are no third party beneficiaries of any promises, obligations, or representations made by Quantcast. Either party may assign its rights, data, and duties, under this Agreement in their entirety in connection with a sale of all (or substantially all) of its assets relating to this Agreement, a merger, or a reorganization. Nothing in this Agreement will constitute a partnership or joint venture between Customer and Quantcast. This Agreement is drafted in the English language. Any translation into another language is provided for convenience only. In the event of any inconsistency between the English language version and any translation, the English language version shall prevail.
10. Contracting Party; Choice of Law and Venue. If Customer resides in the United States, this Agreement is between Customer and Quantcast Corporation (a Delaware corporation), this Agreement and any dispute relating to this Agreement will be governed by the laws of California, and Customer and Quantcast Corporation consent and agree that jurisdiction, proper venue, and the most convenient forum for all claims, actions, and proceedings of any kind relating to this Agreement will be exclusively in courts located in San Francisco, California. If Customer resides outside of the United States, this Agreement is between Customer and Quantcast International Limited (an Irish limited liability company), this Agreement and any dispute relating to this Agreement will be governed by the laws of Ireland, and Customer and Quantcast International Limited consent and agree that jurisdiction, proper venue, and the most convenient forum for all claims, actions, and proceedings of any kind relating to this Agreement will be exclusively in courts located in Dublin, Ireland. References in this Agreement to “Quantcast”, “us”, “we,” and “our” mean either Quantcast Corporation or Quantcast International Limited, as appropriate.
Effective July 23, 2021 to June 21, 2023
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Quantcast Choice Terms of Service
Last Updated: May 7, 2020
These Quantcast Choice Terms of Service, including the attached Quantcast Choice Processing Terms (collectively, this “Agreement”), describe the terms and conditions on which Quantcast makes Quantcast Choice (the “Solution”) available to Customer.
BY USING THE SOLUTION, CUSTOMER IS AGREEING TO BE BOUND BY THIS AGREEMENT. IF CUSTOMER IS ENTERING INTO THIS AGREEMENT ON BEHALF OF A COMPANY OR OTHER LEGAL ENTITY, CUSTOMER REPRESENTS THAT CUSTOMER HAS THE AUTHORITY TO BIND SUCH ENTITY, IN WHICH CASE THE TERM “CUSTOMER” WILL REFER TO SUCH ENTITY (OR, IF SUCH ENTITY IS ACTING AS AN AUTHORIZED THIRD PARTY, THEN THE TERM “CUSTOMER” WILL REFER TO SUCH ENTITY, THE AUTHORIZING PARTY(IES), OR BOTH, AS APPLICABLE). QUANTCAST MAY MODIFY THIS AGREEMENT FROM TIME TO TIME; CONTINUED USE 30 DAYS AFTER NOTIFICATION WILL CONSTITUTE ACCEPTANCE (SEE SECTION 6). PLEASE READ THIS AGREEMENT CAREFULLY.
1. Certain Definitions.
“Applicable Privacy Laws” means the GDPR and the CCPA.
“IAB Privacy Frameworks” means the IAB Europe Transparency and Consent Framework and the IAB CCPA Compliance Framework.
“CCPA” means Title 1.81.5 of the California Civil Code.
“EU GDPR” means 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.
“UK GDPR” means the EU GDPR as amended and incorporated into UK law under the UK European Union (Withdrawal) Act 2018, if in force.
“GDPR” means, as applicable: (a) the EU GDPR; and/or (b) the UK GDPR.
“Choice Tag” means the particular JavaScript code or SDK provided to Customer by Quantcast and embeddable on web pages or apps for implementation of the Solution, together with any fixes, updates, and upgrades provided to Customer.
“Choice Signal” means the indication as to whether a website visitor or app user (i.e., end user) has (a) been informed of; (b) provided, withheld, or withdrawn consent to; (c) objected or removed objections to; or (d) otherwise opted in or out of the processing of Personal Information for some or all purposes by some or all third parties in accordance with IAB Privacy Frameworks.
“Personal Information” has the same meaning as “personal data” or “personal information” under Applicable Privacy Laws.
2. Quantcast Transparency and Consent Management Platform.
a. Solution. Quantcast will provide Customer with the Choice Tag and Quantcast Choice Technical Guide in order for Customer to implement the Solution. The Solution comprises the Quantcast Choice Basic Services, the Quantcast Choice Additional Services, and the Quantcast Measure Component:
(i). “Quantcast Choice Basic Services” means the applicable services listed here as Quantcast Choice Basic Services, as updated from time to time.
(ii). “Quantcast Choice Additional Services” means the applicable services, if any, listed here as Quantcast Choice Additional Services, as updated from time to time.
(iii). “Quantcast Measure Component” means the applicable services listed at https://www.quantcast.com/products/measure-audience-insights/, as updated from time to time. By using the Solution, Customer additionally agrees to be bound by, and to comply with, the Quantcast Measure and Q for Publishers Terms of Service found at https://www.quantcast.com/terms/measure-terms-service/ (the “Measure Terms”), and, solely for purposes of the Measure Terms, the Solution shall collectively be deemed to be a component of the Services (as defined in the Measure Terms).
b. Quantcast Obligations and Representations. Quantcast agrees, represents, and warrants to Customer that the Solution is compatible and compliant with the IAB Privacy Frameworks.
c. Customer’s Obligations and Representations. Customer agrees, represents and warrants to Quantcast that Customer:
(i) has all rights, approvals, and consents necessary to implement the Solution on webpages, apps, or other digital applications;
(ii) will implement the Choice Tag only as described in the Quantcast Choice Technical Guide provided by Quantcast and the terms and conditions of this Agreement and update the Choice Tag when Quantcast notifies Customer of any fixes, updates, and upgrades;
(iii) will not interfere or attempt to interfere with the operational features of the Solution;
(iv) will not delete, or in any manner alter, the copyright, trademark, or other proprietary rights notices appearing on the Solution; and
(v) will not modify, reverse engineer, download, host on Customer’s own servers, disassemble, decompile, license, or sublicense the Solution to any third parties or otherwise use the Solution, including the Quantcast Choice Technical Guide or other corresponding instruction manuals and documentation, to develop or assist in developing a product or service competitive with the Solution.
3. Indemnity. Customer agrees to defend, indemnify, and hold Quantcast harmless from any judgments, damages, loss, liability, fines, or costs (including reasonable attorneys’ fees) resulting from Customer’s breach of a term of this Agreement or Customer’s use of the Solution if not in compliance with the terms of the Agreement. Quantcast will have no obligation or liability hereunder where the claim results from any combination with, addition to, or modification of the Choice Tag. Where pursuant to Article 82(4) of the GDPR, Quantcast is found to be liable for the entire damage arising from a breach or breaches of the GDPR relating to activities under this Agreement, in order to ensure effective compensation of one or more individuals, then Customer shall indemnify Quantcast for all claims, demands, loss, damages, or expenses (including reasonable attorneys’ fees) relating to any breaches of GDPR for which Customer is wholly or partly responsible. All compensation paid to a data subject pursuant to Article 82(4) of the GDPR by Quantcast which is wholly or partly attributable to GDPR breaches by Customer shall be repaid pursuant to this indemnity and Article 82(5) immediately on receipt of a written request from Quantcast pursuant to this Section 3.
4. Warranty Disclaimer. The Solution provided “as is” without warranty or condition of any kind, either express or implied. Without limiting the foregoing, Quantcast explicitly disclaims any warranties of merchantability, fitness for a particular purpose, quiet enjoyment, or non-infringement. Quantcast assumes no liability on behalf of Customer, any of Customer’s third party vendors, or any other entities for acting or not acting on Choice Signals, or if Customer or any of Customer’s third party vendors or any other entities bypass or otherwise interfere with the technical restrictions included in the Solution as provided by Quantcast. Quantcast makes no warranty that the Solution, including the Choice Tag, will (a) be available on an uninterrupted, secure, or error-free basis, (b) not cause any latency or processing delays, or (c) meets any legal requirements around consent or data protection. Quantcast assumes no liability for Customer’s reliance on the Solution. The foregoing exclusions and disclaimers are an essential part of this Agreement and formed a basis for enabling Quantcast to offer the Solution to Customer. Some jurisdictions do not allow exclusion of certain warranties so this disclaimer may not apply to Customer in full.
5. Termination. Unless otherwise terminated as set forth herein, this Agreement will remain in full force and effect while Customer uses the Solution. Customer may terminate this Agreement by removing the Choice Tag from Customer’s websites or apps, as applicable, or notifying Quantcast of Customer’s termination of this Agreement at any time in writing. Quantcast may terminate access to the Solution or terminate this Agreement at any time, for any reason or no reason and without any liability to Customer. Quantcast will not be liable to Customer or any third party for termination of this Agreement. Notwithstanding the above, Sections 3 and 7 to 10 will survive termination.
6. Modification of the Agreement. Quantcast reserves the right, in its sole discretion, to modify or discontinue the Solution without notice. Quantcast may also modify this Agreement from time to time. If the modified Agreement is not acceptable to Customer, Customer may terminate Customer's account within 30 days by following the procedure in Section 5. Use of the Solution, after 30 days, will constitute Customer’s acceptance thereof.
7. Limitation on Liability. IN NO EVENT WILL QUANTCAST BE LIABLE TO CUSTOMER OR ANY THIRD PARTY FOR ANY CONSEQUENTIAL LOSS, EXEMPLARY DAMAGE, INCIDENTAL LOSS, SPECIAL DAMAGE OR LOSS, LOST PROFIT, OR PUNITIVE DAMAGES ARISING FROM CUSTOMER’S USE OF THE SOLUTION, EVEN IF QUANTCAST HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THESE LIMITATIONS FORMED A BASIS FOR ENABLING QUANTCAST TO OFFER THE SOLUTION TO CUSTOMER. THIS PARAGRAPH WILL APPLY REGARDLESS OF ANY FAILURE OF THE EXCLUSIVE REMEDY PROVIDED IN THE FOLLOWING PARAGRAPH. EXCEPT WITH REGARD TO LIABILITY STEMMING FROM DEATH OR PERSONAL INJURY RESULTING FROM QUANTCAST’S NEGLIGENCE, OR QUANTCAST’S FRAUD, NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, QUANTCAST’S LIABILITY TO CUSTOMER FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION WILL AT ALL TIMES BE LIMITED TO TWO HUNDRED FIFTY DOLLARS (U.S. $250.00).
8. Notices. All notices or other communications to Quantcast from Customer will be deemed given only when received by hand delivery, electronic mail, or prepaid first class mail, at the address below or any other address provided by Quantcast to Customer for these purposes, with attention to the Legal Department.
Persons in the United States, please contact:
Quantcast Corp.
795 Folsom Street
San Francisco, CA 94107
Attn: Legal Department
Email: contact@quantcast.com
Persons outside of the United States, please contact:
Quantcast International Limited
Beaux Lane House
Lower Mercer Street, 1st Floor
Dublin 2, Ireland
Attn: Legal Department
Email: contact.dublin@quantcast.com
9. Miscellaneous. This Agreement constitutes the entire Agreement between the parties with respect to the Solution and supersedes all previous and contemporaneous agreements, proposals, and communications, written or oral, between Quantcast and Customer with respect thereto. Any waiver by either party of any violation of this Agreement will not be deemed to waive any further or future violation of the same or any other provision. If any parts or provisions of this Agreement are held to be unenforceable, then Customer and Quantcast agree that such parts or provisions will be given maximum permissible force and effect and the remainder of the Agreement will be fully enforceable. Customer and Quantcast agree that there are no third party beneficiaries of any promises, obligations, or representations made by Quantcast. Either party may assign its rights, data, and duties, under this Agreement in their entirety in connection with a sale of all (or substantially all) of its assets relating to this Agreement, a merger, or a reorganization. Nothing in this Agreement will constitute a partnership or joint venture between Customer and Quantcast. This Agreement is drafted in the English language. Any translation into another language is provided for convenience only. In the event of any inconsistency between the English language version and any translation, the English language version shall prevail.
10. Contracting Party; Choice of Law and Venue. If Customer resides in the United States, this Agreement is between Customer and Quantcast Corporation (a Delaware corporation), this Agreement and any dispute relating to this Agreement will be governed by the laws of California, and Customer and Quantcast Corporation consent and agree that jurisdiction, proper venue, and the most convenient forum for all claims, actions, and proceedings of any kind relating to this Agreement will be exclusively in courts located in San Francisco, California. If Customer resides outside of the United States, this Agreement is between Customer and Quantcast International Limited (an Irish limited liability company), this Agreement and any dispute relating to this Agreement will be governed by the laws of Ireland, and Customer and Quantcast International Limited consent and agree that jurisdiction, proper venue, and the most convenient forum for all claims, actions, and proceedings of any kind relating to this Agreement will be exclusively in courts located in Dublin, Ireland. References in this Agreement to “Quantcast”, “us”, “we,” and “our” mean either Quantcast Corporation or Quantcast International Limited, as appropriate.
Appendix 1: Quantcast Choice Processing Terms
Quantcast and Customer have entered into the Agreement for the provision of the Quantcast Choice Basic Services.
These Quantcast Choice Processing Terms (including Appendices 2 through 4, “Data Processing Terms”) are entered into by Quantcast and Customer and supplement the Agreement. These Data Processing Terms will be effective, and replace any previously applicable terms relating to their subject matter (including any data processing amendment or data processing addendum relating to Quantcast Choice), from the Terms Effective Date.
1. Introduction
These Data Processing Terms reflect the parties’ agreement on the terms governing the processing of certain data in connection with European Data Protection Law and certain Non-European Data Protection Law.
2. Definitions and Interpretation
2.1 In these Data Processing Terms:
“Additional Product or Service” means a product, product functionality service, or application provided by Quantcast or a third party that: (a) is not part of the Quantcast Choice Basic Services; and (b) is accessible for use within the Quantcast Choice user portal or is otherwise integrated or used in conjunction with the Quantcast Choice Basic Services, including, without limitation, Quantcast Choice Additional Services, Quantcast Measure, Q for Publishers, Quantcast Advertise, and Q for Marketers.
“Additional Terms for Non-European Data Protection Law” means the additional terms referred to in Appendix 4, which reflect the parties’ agreement on the terms governing the processing of certain data in connection with certain Non-European Data Protection Laws.
“Affiliate” means an entity that directly or indirectly controls, is controlled by, or is under common control with, a party.
“CCPA” means Title 1.81.5 of the California Civil Code.
“Customer Personal Data” means personal data that is processed by Quantcast on behalf of Customer in Quantcast’s provision of the Quantcast Choice Basic Services.
“Data Incident” means a breach of Quantcast’s security leading to the accidental or unlawful destruction, loss, alteration, unauthorised disclosure of, or access to, Customer Personal Data on systems managed by or otherwise controlled by Quantcast. “Data Incidents” will not include unsuccessful attempts or activities that do not compromise the security of Customer Personal Data, including unsuccessful log-in attempts, pings, port scans, denial of service attacks, and other network attacks on firewalls or networked systems.
“Data Subject Rights Tool” means a tool (if any) made available by Quantcast to data subjects that enables Quantcast to respond directly and in a standardised manner to certain requests from data subjects in relation to Customer Personal Data.
“EEA” means the European Economic Area.
“EU GDPR” means 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.
“European Data Protection Law” means, as applicable: (a) the GDPR; and/or (b) the Federal Data Protection Act of 19 June 1992 (Switzerland).
“European or National Laws” means, as applicable: (a) EU or EU Member State law (if the EU GDPR applies to the processing of Customer Personal Data); and/or (b) the law of the UK or a part of the UK (if the UK GDPR applies to the processing of Customer Personal Data).
“GDPR” means, as applicable: (a) the EU GDPR; and/or (b) the UK GDPR.
“Quantcast” means the Quantcast Entity that is party to the Agreement.
“Quantcast Affiliate Subprocessors” has the meaning given in Section 11.1 (Authorization for Subprocessor Engagement).
“Quantcast Entity” means Quantcast Corporation or Quantcast International Limited, as applicable.
“Non-European Data Protection Law” means data protection or privacy laws in force outside the EEA, Switzerland and the UK.
“Notification Email Address” means the email used to create the account with which Customer accesses the Quantcast Choice user portal, and/or the email address (if any) designated by Customer, via the Quantcast Choice user portal or such other means provided by Quantcast, to receive certain notifications from Quantcast relating to these Data Processing Terms.
“Standard Contractual Clauses” means the standard clauses adopted by the European Commission for the lawful transfer of personal data from the EEA to jurisdictions that have not been deemed to provide an adequate level of data protection by the European Commission, and any equivalent transfer mechanism that may apply in the UK.
“Quantcast Choice Basic Services” means the applicable services listed here.
“Security Measures” has the meaning given in Section 7.1.1 (Quantcast’s Security Measures).
“Subprocessors” means third parties authorised under these Data Processing Terms to have logical access to and process Customer Personal Data in order to provide parts of the Quantcast Choice Basic Services and any related technical support.
“Supervisory Authority” means, as applicable: (a) a “supervisory authority” as defined in the EU GDPR; and/or (b) the “Commissioner” as defined in the UK GDPR.
“Term” means the period from the Terms Effective Date until the end of Quantcast’s provision of the Quantcast Choice Basic Services under the Agreement.
“Terms Effective Date” means, the date on which Customer accepted the Agreement or the parties otherwise agreed to these Data Processing Terms.
“Third Party Subprocessors” has the meaning given in Section 11.1 (Authorization for Subprocessor Engagement).
“UK GDPR” means the EU GDPR as amended and incorporated into UK law under the UK European Union (Withdrawal) Act 2018, if in force.
2.2 The terms “controller”, “data subject”, “personal data”, “processing” and “processor” as used in these Data Processing Terms have the meanings given in the GDPR.
2.3 The words “include” and “including” mean “including but not limited to”. Any examples in these Data Processing Terms are illustrative and not the sole examples of a particular concept.
2.4 Any reference to a legal framework, statute or other legislative enactment is a reference to it as amended or re-enacted from time to time.
2.5 If these Data Processing Terms are translated into any other language, and there is a discrepancy between the English text and the translated text, the English text will govern.
3. Duration of these Data Processing Terms
These Data Processing Terms will take effect on the Terms Effective Date and, notwithstanding expiry of the Term, remain in effect until, and automatically expire upon, deletion of all Customer Personal Data by Quantcast as described in these Data Processing Terms.
4. Application of these Data Processing Terms
4.1 Application of European Data Protection Law.
Sections 5 (Processing of Data) to 12 (Contacting Quantcast; Processing Records) (inclusive) will only apply to the extent that European Data Protection Law applies to the processing of Customer Personal Data, including if:
(a) the processing is in the context of the activities of an establishment of Customer in the EEA or the UK; and/or
(b) Customer Personal Data is personal data relating to data subjects who are in the EEA or the UK and the processing relates to the offering to them of goods or services or the monitoring of their behaviour in the EEA or the UK.
4.2 Application to Quantcast Choice Basic Services.
These Data Processing Terms will only apply to the Quantcast Choice Basic Services for which the parties agreed to these Data Processing Terms.
4.3 Incorporation of Additional Terms for Non-European Data Protection Law.
The Additional Terms for Non-European Data Protection Legislation supplement these Data Processing Terms.
5. Processing of Data
5.1 Roles and Regulatory Compliance; Authorisation.
5.1.1 Processor and Controller Responsibilities. The parties acknowledge and agree that:
(a) Appendix 2 describes the subject matter and details of the processing of Customer Personal Data;
(b) Quantcast is a processor of Customer Personal Data under European Data Protection Law;
(c) Customer is a controller or processor, as applicable, of Customer Personal Data under European Data Protection Law; and
(d) each party will comply with the obligations applicable to it under European Data Protection Law with respect to the processing of Customer Personal Data.
5.1.2 Authorisation by Third Party Controller. If Customer is a processor, Customer warrants to Quantcast that Customer’s instructions and actions with respect to Customer Personal Data, including its appointment of Quantcast as another processor, have been authorised by the relevant controller.
5.2 Customer’s Instructions.
By entering into these Data Processing Terms, Customer instructs Quantcast to process Customer Personal Data only in accordance with applicable law:
(a) to provide the Quantcast Choice Basic Services and any related technical support;
(b) as further specified via Customer’s use of the Quantcast Choice Basic Services (including in the settings and other functionality of the Quantcast Choice Basic) and any related technical support;
(c) as documented in the form of the Agreement, including these Data Processing Terms; and
(d) as further documented in any other written instructions given by Customer and acknowledged by Quantcast as constituting instructions for purposes of these Data Processing Terms.
5.3 Quantcast’s Compliance with Instructions.
Quantcast will comply with the instructions described in Section 5.2 (Customer’s Instructions) (including with regard to data transfers) unless European or National Laws to which Quantcast is subject require other processing of Customer Personal Data by Quantcast, in which case Quantcast will inform Customer (unless any such law prohibits Quantcast from doing so on important grounds of public interest).
5.4 Additional Product or Services.
If Customer uses any Additional Product or Service, the Quantcast Choice Basic Services may allow that Additional Product or Service to access Customer Personal Data as required for the interoperation of the Additional Product or Service with the Quantcast Choice Basic Services. For clarity, these Data Processing Terms do not apply to the processing of personal data in connection with the provision of any Additional Product or Service used by Customer, including personal data transmitted to or from that Additional Product or Service.
6. Data Deletion
6.1 Deletion During Term.
6.1.1 During the Term Quantcast will comply with:
(a) any reasonable request from Customer to facilitate such deletion, insofar as this is possible taking into account the nature and functionality of the Quantcast Choice Basic Services and unless European or National Laws require storage; and
(b) the data retention practices described at www.quantcast.com/privacy.
Quantcast may charge a fee (based on Quantcast’s reasonable costs) for any data deletion under Section 6.1.1. Quantcast will provide Customer with further details of any applicable fee, and the basis of its calculation, in advance of any such data deletion.
6.2 Deletion on Term Expiry.
On expiry of the Term, Customer instructs Quantcast to delete all Customer Personal Data (including existing copies) from Quantcast’s systems in accordance with applicable law. Quantcast will comply with this instruction as soon as reasonably practicable and within a maximum period of 13 months, unless European or National Laws require storage.
7. Data Security
7.1 Quantcast’s Security Measures and Assistance.
7.1.1 Quantcast’s Security Measures. Quantcast will implement and maintain technical and organisational measures to protect Customer Personal Data against accidental or unlawful destruction, loss, alteration, unauthorised disclosure or access as described in Appendix 3 (the “Security Measures”). As described in Appendix 3, the Security Measures include measures:
(a) to encrypt personal data;
(b) to help ensure the ongoing confidentiality, integrity, availability and resilience of Quantcast’s systems and services;
(c) to help restore timely access to personal data following an incident; and
(d) for regular testing of effectiveness.
Quantcast may update or modify the Security Measures from time to time, provided that such updates and modifications do not result in the degradation of the overall security of the Quantcast Choice Basic Services.
7.1.2 Security Compliance by Quantcast Staff. Quantcast will take appropriate steps to ensure compliance with the Security Measures by its employees, contractors and Subprocessors to the extent applicable to their scope of performance, including ensuring that all persons authorised to process Customer Personal Data have committed themselves to confidentiality or are under an appropriate statutory obligation of confidentiality.
7.2 Data Incidents.
7.2.1 Incident Notification. If Quantcast becomes aware of a Data Incident, Quantcast will:
(a) notify Customer of the Data Incident promptly and without undue delay; and
(b) promptly take reasonable steps to minimise harm and secure Customer Personal Data.
7.2.2 Details of Data Incident. Notifications made under Section 7.2.1 (Incident Notification) will describe, to the extent possible, details of the Data Incident, including steps taken to mitigate the potential risks and steps Quantcast recommends Customer take to address the Data Incident.
7.2.3 Delivery of Notification. Quantcast will deliver its notification of any Data Incident to the Notification Email Address or, at Quantcast’s discretion (including if Customer has not provided a Notification Email Address), by other direct communication (for example, by phone call or an in-person meeting). Customer is solely responsible for providing the Notification Email Address and ensuring that the Notification Email Address is current and valid.
7.2.4 Third Party Notifications. Customer is solely responsible for complying with incident notification laws applicable to Customer and fulfilling any third party notification obligations related to any Data Incident.
7.2.5 No Acknowledgement of Fault by Quantcast. Quantcast’s notification of or response to a Data Incident under this Section 7.2 (Data Incidents) will not be construed as an acknowledgement by Quantcast of any fault or liability with respect to the Data Incident.
7.3 Customer’s Security Responsibilities and Assessment.
7.3.1 Customer’s Security Responsibilities. Customer agrees that, without prejudice to Quantcast’s obligations under Sections 7.1 (Quantcast’s Security Measures and Assistance) and 7.2 (Data Incidents):
(a) Customer is solely responsible for its use of the Quantcast Choice Basic Services, including:
(i) making appropriate use of the Quantcast Choice Basic Services to ensure a level of security appropriate to the risk in respect of Customer Personal Data; and
(ii) securing the account authentication credentials, systems and devices Customer uses to access the Quantcast Choice Basic Services; and
(b) Quantcast has no obligation to protect Customer Personal Data that Customer elects to store or transfer outside of Quantcast’s and its Subprocessors’ systems.
7.3.2 Customer’s Security Assessment. Customer acknowledges and agrees that (taking into account the state of the art, the costs of implementation and the nature, scope, context and purposes of the processing of Customer Personal Data as well as the risks to individuals) the Security Measures implemented and maintained by Quantcast as set out in Section 7.1.1 (Quantcast’s Security Measures) provide a level of security appropriate to the risk in respect of Customer Personal Data.
7.4 Reviews and Audits of Compliance.
Reviews of security documentation. To demonstrate compliance by Quantcast with its obligations under these Data Processing Terms, Quantcast will make security documentation available for review by Customer.
8. Impact Assessments and Consultations
Customer agrees that Quantcast will (taking into account the nature of the processing and the information available to Quantcast) assist Customer in ensuring compliance with any obligations of Customer in respect of data protection impact assessments and prior consultation, including (if applicable) Customer’s obligations pursuant to Articles 35 and 36 of the GDPR, by:
(a) providing security documentation in accordance with Section 7.4 (Reviews of security documentation);
(b) providing the information contained in these Data Processing Terms; and
(c) providing or otherwise making available, in accordance with Quantcast’s standard practices, other materials concerning the nature of the Quantcast Choice Basic Services and the processing of Customer Personal Data.
9. Data Subject Rights
9.1 Responses to Data Subject Requests.
If Quantcast receives a request from a data subject in relation to Customer Personal Data, Quantcast will:
(a) if the request is made via a Data Subject Rights Tool, or if the request does not name Customer, respond directly to the data subject’s request in accordance with the standard functionality of that Data Subject Rights Tool or Quantcast standard practice; or
(b) if the request is not made via a Data Subject Rights Tool and the request names Customer, advise the data subject to submit his/her request to Customer, and Customer will be responsible for responding to such request.
9.2 Quantcast’s Data Subject Request Assistance.
Customer agrees that Quantcast will (taking into account the nature of the processing of Customer Personal Data and, if applicable, Article 11 of the GDPR) assist Customer in fulfilling any obligation of Customer to respond to requests by data subjects, including (if applicable) Customer’s obligation to respond to requests for exercising the data subject’s rights laid down in Chapter III of the GDPR, by:
(a) providing the functionality of the Quantcast Choice Basic Services;
(b) complying with the commitments set out in Section 9.1 (Responses to Data Subject Requests); and
(c) if applicable to the Quantcast Choice Basic Services, making available Data Subject Rights Tools.
10. Data Transfers
10.1 Data Storage and Processing Facilities.
Customer agrees that Quantcast may, subject to Section 10.2 (Transfers of Data), store and process Customer Personal Data in the United States of America and any other country in which Quantcast or any of its Subprocessors maintains facilities.
10.2 Transfers of Data.
Quantcast will ensure that any transfers of personal data between jurisdictions between Quantcast Entities and/or Subprocessors is lawful, for example by entering into Standard Contractual Clauses.
11. Subprocessors
11.1 Authorization for Subprocessor Engagement.
Customer specifically authorises the engagement of Quantcast’s Affiliates as Subprocessors (“Quantcast Affiliate Subprocessors”). In addition, Customer generally authorises the engagement of any other third parties as Subprocessors (“Third Party Subprocessors”).
11.2 Information about Subprocessors.
Information about Third Party Subprocessors is available at www.quantcast.com/privacy/quantcast-partners/. Quantcast will update the information included when any new Third Party Subprocessor is engaged.
11.3 Requirements for Subprocessor Engagement.
When engaging any Subprocessor, Quantcast will:
(a) ensure via a written contract that:
(i) the Subprocessor only accesses and uses Customer Personal Data to the extent required to perform the obligations subcontracted to it, and does so in accordance with the Agreement (including these Data Processing Terms); and
(ii) if the GDPR applies to the processing of Customer Personal Data, the data protection obligations set out in Article 28(3) of the GDPR are imposed on the Subprocessor; and
(b) remain fully liable for all obligations subcontracted to, and all acts and omissions of, the Subprocessor.
11.4 Opportunity to Object to Subprocessor Changes.
When any new Third Party Subprocessor is engaged during the Term by Quantcast, Customer may object to any new Third Party Subprocessor by terminating the Agreement immediately upon written notice to Quantcast. This termination right is Customer’s sole and exclusive remedy if Customer objects to any new Third Party Subprocessor.
12. Contacting Quantcast; Processing Records
12.1 Contacting Quantcast.
Customer may contact Quantcast in relation to the exercise of its rights under these Data Processing Terms via contact@quantcast.com (for persons in the United States) or contact.dublin@quantcast.com (for other persons), or via such other means as may be provided by Quantcast from time to time.
12.2 Quantcast’s Processing Records.
Customer acknowledges that Quantcast is required under the GDPR to:
(a) collect and maintain records of certain information, including the name and contact details of each processor and/or controller on behalf of which Quantcast is acting and (if applicable) of such processor’s or controller's local representative and data protection officer; and
(b) make such information available to any Supervisory Authority.
Accordingly, Customer will, where requested and as applicable to Customer, provide such information to Quantcast via the Quantcast Choice user portal or via such other means as may be provided by Quantcast, and will use such user portal or other means to ensure that all information provided is kept accurate and up-to-date.
13. Liability
The liability provisions in the Agreement apply equally to these Data Processing Terms.
14. Effect of these Data Processing Terms
If there is any conflict or inconsistency between the terms of the Additional Terms for Non-European Data Protection Law, the remainder of these Data Processing Terms and/or the remainder of the Agreement, then the following order of precedence will apply:
(a) the Additional Terms for Non-European Data Protection Law;
(b) the remainder of these Data Processing Terms; and
(c) the remainder of the Agreement.
Subject to the amendments in these Data Processing Terms, the Agreement remains in full force and effect.
Appendix 2: Subject Matter and Details of the Data Processing
Subject Matter
Quantcast’s provision of the Quantcast Choice Basic Services and any related technical support to Customer.
Duration of the Processing
The Term plus the period from expiry of the Term until deletion of all Customer Personal Data by Quantcast in accordance with these Data Processing Terms.
Nature and Purpose of the Processing
Quantcast will process (including, as applicable to the Quantcast Choice Basic Services and the instructions described in Section 5.2 (Customer’s Instructions), collecting, recording, organising, structuring, storing, altering, retrieving, using, disclosing, combining, erasing and destroying) Customer Personal Data for the purpose of providing the Quantcast Choice Basic Services and any related technical support to Customer in accordance with these Data Processing Terms.
Types of Personal Data
Customer Personal Data may include the types of personal data described www.quantcast.com/privacy.
Categories of Data Subjects
Customer Personal Data will concern the following categories of data subjects:
- data subjects about whom Quantcast collects personal data in its provision of the Quantcast Choice Basic Services; and/or
- data subjects about whom personal data is transferred to Quantcast in connection with the Quantcast Choice Basic Services by, at the direction of, or on behalf of Customer.
Data subjects may include individuals who have visited specific websites or applications in respect of which Quantcast provides the Quantcast Choice Basic Services; and/or (c) users who access the Quantcast Choice user portal.
Appendix 3: Security Measures
As from the Terms Effective Date, Quantcast will implement and maintain the Security Measures set out in this Appendix 3. Quantcast may update or modify such Security Measures from time to time, provided that such updates and modifications do not result in the degradation of the overall security of the Quantcast Choice Basic Services.
1. Data Centre & Network Security
(a) Data Centres.
Infrastructure. Quantcast maintains geographically distributed data centres. Quantcast stores all production data in physically secure data centres.
Redundancy. Infrastructure systems have been designed to eliminate single points of failure and minimise the impact of anticipated environmental risks. Dual circuits, switches, routers or other necessary network devices help provide this redundancy. The Quantcast Choice Basic Services are designed to allow Quantcast to perform certain types of preventative and corrective maintenance without interruption. All environmental equipment and facilities have documented preventative maintenance procedures that detail the process for and frequency of performance in accordance with the manufacturer's or internal specifications. Preventative and corrective maintenance of the data centre equipment is scheduled through a standard process according to documented procedures.
Power. The data centre electrical power systems are designed to be redundant and maintainable without impact to continuous operations, 24 hours a day, and 7 days a week. In most cases, a primary as well as an alternate power source, each with equal capacity, is provided for critical infrastructure components in the data centre. Backup power is provided by various mechanisms such as uninterruptible power supply (UPS) batteries, which supply consistently reliable power protection during utility brownouts, blackouts, over voltage, under voltage, and out-of-tolerance frequency conditions. If utility power is interrupted, backup power is designed to provide transitory power to the data centre, at full capacity, for up to 10 minutes until the diesel generator systems take over. The diesel generators are capable of automatically starting up within seconds to provide enough emergency electrical power to run the data centre at full capacity typically for a period of days.
Server Operating Systems. Quantcast servers use hardened operating systems which are customised for the unique server needs of the business. Data is stored using proprietary algorithms to augment data security and redundancy. Quantcast employs a code review process to increase the security of the code used to provide the Quantcast Choice Basic Services and enhance the security products in production environments.
Businesses Continuity. Quantcast replicates data over multiple systems to help to protect against accidental destruction or loss. Quantcast has designed and regularly plans and tests its business continuity planning/disaster recovery programs.
(b) Networks & Transmission.
Data Transmission. Data centres are typically connected via high-speed private links to provide secure and fast data transfer between data centres. This is designed to prevent data from being read, copied, altered or removed without authorisation during electronic transfer or transport or while being recorded onto data storage media. Quantcast transfers data via industry standard network protocols.
External Attack Surface. Quantcast employs multiple layers of network devices and intrusion detection to protect its external attack surface. Quantcast considers potential attack vectors and incorporates appropriate purpose built technologies into external facing systems.
Intrusion Detection. Intrusion detection is intended to provide insight into ongoing attack activities and provide adequate information to respond to incidents. Quantcast’s intrusion detection involves:
1. Tightly controlling the size and make-up of Quantcast’s attack surface through preventative measures;
2. Employing intelligent detection controls at data entry points; and
3. Employing technologies that automatically remedy certain dangerous situations.
Incident Response. Quantcast monitors a variety of communication channels for security incidents, and Quantcast’s security personnel will react promptly to known incidents.
Encryption Technologies. Quantcast makes HTTPS encryption (also referred to as SSL or TLS connection) available. Quantcast servers support ephemeral elliptic curve Diffie Hellman cryptographic key exchange signed with RSA and ECDSA. These perfect forward secrecy (PFS) methods help protect traffic and minimise the impact of a compromised key, or a cryptographic breakthrough.
2. Access and Site Controls
(a) Site Controls.
On-site Data Centre Security Operation. Quantcast’s data centres maintain an on-site security operation responsible for all physical data centre security functions 24 hours a day, 7 days a week. The on-site security operation personnel monitor Closed Circuit TV (“CCTV”) cameras and all alarm systems. On-site security operation personnel perform internal and external patrols of the data centre regularly.
Data Centre Access Procedures. Quantcast maintains formal access procedures for allowing physical access to the data centres. The data centres are housed in facilities that require electronic card key access, with alarms that are linked to the on-site security operation. All entrants to the data centre are required to identify themselves as well as show proof of identity to on-site security operations. Only authorised employees, contractors and visitors are allowed entry to the data centres. Only authorised employees and contractors are permitted to request electronic card key access to these facilities. Data centre electronic card key access requests must be made in advance and in writing, and require the approval of the requestor’s manager and the data centre director. All other entrants requiring temporary data centre access must: (i) obtain approval in advance from the data centre managers for the specific data centre and internal areas they wish to visit; (ii) sign in at on-site security operations; and (iii) reference an approved data centre access record identifying the individual as approved.
On-site Data Centre Security Devices. Quantcast’s data centres employ an electronic card key and biometric access control system that is linked to a system alarm. The access control system monitors and records each individual’s electronic card key and when they access perimeter doors, shipping and receiving, and other critical areas. Unauthorised activity and failed access attempts are logged by the access control system and investigated, as appropriate. Authorised access throughout the business operations and data centres is restricted based on zones and the individual’s job responsibilities. The fire doors at the data centres are alarmed. CCTV cameras are in operation both inside and outside the data centres. The positioning of the cameras has been designed to cover strategic areas including, among others, the perimeter, doors to the data centre building, and shipping/receiving. On-site security operations personnel manage the CCTV monitoring, recording and control equipment. Secure cables throughout the data centres connect the CCTV equipment. Cameras record on-site via digital video recorders 24 hours a day, 7 days a week. The surveillance records are retained for at least 7 days based on activity.
(b) Access Control.
Infrastructure Security Personnel. Quantcast has, and maintains, a security policy for its personnel, and requires security training as part of the training package for its personnel. Quantcast’s infrastructure security personnel are responsible for the ongoing monitoring of Quantcast’s security infrastructure, the review of the Quantcast Choice Basic Services, and responding to security incidents.
Access Control and Privilege Management. Customer's administrators and users must authenticate themselves via a central authentication system or via a single sign on system in order to use the Quantcast Choice Basic Services.
Internal Data Access Processes and Policies – Access Policy. Quantcast’s internal data access processes and policies are designed to prevent unauthorised persons and/or systems from gaining access to systems used to process personal data. Quantcast aims to design its systems to: (i) only allow authorised persons to access data they are authorised to access; and (ii) ensure that personal data cannot be read, copied, altered or removed without authorisation during processing, use and after recording. The systems are designed to detect any inappropriate access. Quantcast employs a centralised access management system to control personnel access to production servers, and only provides access to a limited number of authorised personnel. LDAP, Kerberos and a proprietary system utilising SSH certificates are designed to provide Quantcast with secure and flexible access mechanisms. These mechanisms are designed to grant only approved access rights to site hosts, logs, data and configuration information. Quantcast requires the use of unique user IDs, strong passwords, two factor authentication and carefully monitored access lists to minimise the potential for unauthorised account use. The granting or modification of access rights is based on: the authorised personnel’s job responsibilities; job duty requirements necessary to perform authorised tasks; and a need to know basis. The granting or modification of access rights must also be in accordance with Quantcast’s internal data access policies and training. Approvals are managed by workflow tools that maintain audit records of all changes. Access to systems is logged to create an audit trail for accountability. Where passwords are employed for authentication (e.g. login to workstations), password policies that follow at least industry standard practices are implemented. These standards include restrictions on password reuse and sufficient password strength.
3. Data
(a) Data Storage, Isolation & Authentication.
Quantcast stores data in a multi-tenant cloud environment. Data, the Quantcast Choice Basic Services database and file system architecture are replicated between multiple geographically dispersed data centres. Quantcast logically isolates each customer's data. A central authentication system is used across all Quantcast Choice Basic Services to increase uniform security of data.
(b) Decommissioned Disks and Disk Destruction Guidelines.
Data Destruction: Content on drives is treated at the highest level of classification. Content is destroyed on storage devices as part of the decommissioning process in accordance with industry security standards. Where cloud servers are hosted by third parties, they are securely wiped or overwritten prior to provisioning for reuse. Any media is securely wiped or degaussed and physically destroyed prior to leaving physical or logical secure boundaries. To validate secure wipe processes and procedures, third party auditors review the guidance within the applicable media protection policy, observe degaussing equipment and secure shred bins located within physical facilities, observe historical tickets which tracked the destruction of a hard drive within a data center and the process of a device being wiped and removed from the environment.
Data Deletion for block device based storage (SSD, HDD, ephemeral drives, etc.): In order to ensure that customer content is properly erased, Quantcast ensures that underlying storage media is wiped upon re-provisioning rather than upon de-provisioning. Processes that wipe content upon release of an asset (volume, object, etc.) are less reliable than processes that only re-provision clean storage to customers. Physical servers can reboot at any time for many reasons (power outage, system process interruption or failure, etc.), which might leave a wiping procedure in an incomplete state.
4. Personnel Security
Quantcast personnel are required to conduct themselves in a manner consistent with the company’s guidelines regarding confidentiality, business ethics, appropriate usage, and professional standards. Quantcast conducts reasonably appropriate background checks to the extent legally permissible and in accordance with applicable local labor law and statutory regulations.
Personnel are required to execute a confidentiality agreement and must acknowledge receipt of, and compliance with, Quantcast’s confidentiality and privacy policies. Personnel are provided with security training. Personnel handling Customer Personal Data are required to complete additional requirements appropriate to their role. Quantcast’s personnel will not process Customer Personal Data without authorisation.
5. Subprocessor Security
Before onboarding Subprocessors, Quantcast conducts an audit of the security and privacy practices of Subprocessors to ensure Subprocessors provide a level of security and privacy appropriate to their access to data and the scope of the services they are engaged to provide. Once Quantcast has assessed the risks presented by the Subprocessor then, subject always to the requirements set out in Section 11.3 (Requirements for Subprocessor Engagement), the Subprocessor is required to enter into appropriate security, confidentiality and privacy contract terms.
Appendix 4: Additional Terms for Non-European Data Protection Legislation
1. CCPA. Quantcast may offer and Customer may enable certain in-product settings, configurations or other functionality for the Quantcast Choice Basic Services. Subject to the terms of this Addendum and solely with respect to Customer Personal Information processed for the Quantcast Choice Basic Services, excluding any Additional Product or Service, Quantcast will act as Customer’s service provider, and as such, will not retain, use or disclose Customer Personal Information, other than (a) for a business purpose under the CCPA on behalf of Customer and the specific purpose of performing the Quantcast Choice Basic Services, as updated from time to time, or as otherwise permitted under the CCPA or (b) as may otherwise be permitted for service providers or under a comparable exemption from “sale” in the CCPA.
The provisions of this section are effective solely to the extent the CCPA applies. Customer is solely liable for its compliance with the CCPA in its use of the Quantcast Choice Basic Services. In addition to Section 6 of the Agreement, in the event of changes to the CCPA or issuance of any applicable regulation or court order or governmental guidance relating to the CCPA, Quantcast may change this section, if such change does not have a material adverse impact on Customer, as reasonably determined by Quantcast, with respect to exemptions from “sales” under the CCPA. The terms “business purpose”, “personal information”, “sale” and “service provider” as used in this section have the meanings given in the CCPA. “Customer Personal Information” means personal information that is processed by Quantcast on behalf of Customer in Quantcast’s provision of the Quantcast Choice Basic Services. If there is any conflict or inconsistency between the terms of this section and the remainder of the Agreement (including the Quantcast Choice Data Processing Terms), the terms of this section will govern.
Effective July 21, 2021 to July 23, 2021
DownloadTable of Contents
Quantcast Choice Terms of Service
Last Updated: May 7, 2020
These Quantcast Choice Terms of Service, including the attached Quantcast Choice Processing Terms (collectively, this “Agreement”), describe the terms and conditions on which Quantcast makes Quantcast Choice (the “Solution”) available to Customer.
BY USING THE SOLUTION, CUSTOMER IS AGREEING TO BE BOUND BY THIS AGREEMENT. IF CUSTOMER IS ENTERING INTO THIS AGREEMENT ON BEHALF OF A COMPANY OR OTHER LEGAL ENTITY, CUSTOMER REPRESENTS THAT CUSTOMER HAS THE AUTHORITY TO BIND SUCH ENTITY, IN WHICH CASE THE TERM “CUSTOMER” WILL REFER TO SUCH ENTITY (OR, IF SUCH ENTITY IS ACTING AS AN AUTHORIZED THIRD PARTY, THEN THE TERM “CUSTOMER” WILL REFER TO SUCH ENTITY, THE AUTHORIZING PARTY(IES), OR BOTH, AS APPLICABLE). QUANTCAST MAY MODIFY THIS AGREEMENT FROM TIME TO TIME; CONTINUED USE 30 DAYS AFTER NOTIFICATION WILL CONSTITUTE ACCEPTANCE (SEE SECTION 6). PLEASE READ THIS AGREEMENT CAREFULLY.
1. Certain Definitions.
“Applicable Privacy Laws” means the GDPR and the CCPA.
“IAB Privacy Frameworks” means the IAB Europe Transparency and Consent Framework and the IAB CCPA Compliance Framework.
“CCPA” means Title 1.81.5 of the California Civil Code.
“EU GDPR” means 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.
“UK GDPR” means the EU GDPR as amended and incorporated into UK law under the UK European Union (Withdrawal) Act 2018, if in force.
“GDPR” means, as applicable: (a) the EU GDPR; and/or (b) the UK GDPR.
“Choice Tag” means the particular JavaScript code or SDK provided to Customer by Quantcast and embeddable on web pages or apps for implementation of the Solution, together with any fixes, updates, and upgrades provided to Customer.
“Choice Signal” means the indication as to whether a website visitor or app user (i.e., end user) has (a) been informed of; (b) provided, withheld, or withdrawn consent to; (c) objected or removed objections to; or (d) otherwise opted in or out of the processing of Personal Information for some or all purposes by some or all third parties in accordance with IAB Privacy Frameworks.
“Personal Information” has the same meaning as “personal data” or “personal information” under Applicable Privacy Laws.
2. Quantcast Transparency and Consent Management Platform.
a. Solution. Quantcast will provide Customer with the Choice Tag and Quantcast Choice Technical Guide in order for Customer to implement the Solution. The Solution comprises the Quantcast Choice Basic Services, the Quantcast Choice Additional Services, and the Quantcast Measure Component:
(i). “Quantcast Choice Basic Services” means the applicable services listed here as Quantcast Choice Basic Services, as updated from time to time.
(ii). “Quantcast Choice Additional Services” means the applicable services, if any, listed here as Quantcast Choice Additional Services, as updated from time to time.
(iii). “Quantcast Measure Component” means the applicable services listed at https://www.quantcast.com/products/measure-audience-insights/, as updated from time to time. By using the Solution, Customer additionally agrees to be bound by, and to comply with, the Quantcast Measure and Q for Publishers Terms of Service found at https://www.quantcast.com/terms/measure-terms-service/ (the “Measure Terms”), and, solely for purposes of the Measure Terms, the Solution shall collectively be deemed to be a component of the Services (as defined in the Measure Terms).
b. Quantcast Obligations and Representations. Quantcast agrees, represents, and warrants to Customer that the Solution is compatible and compliant with the IAB Privacy Frameworks.
c. Customer’s Obligations and Representations. Customer agrees, represents and warrants to Quantcast that Customer:
(i) has all rights, approvals, and consents necessary to implement the Solution on webpages, apps, or other digital applications;
(ii) will implement the Choice Tag only as described in the Quantcast Choice Technical Guide provided by Quantcast and the terms and conditions of this Agreement and update the Choice Tag when Quantcast notifies Customer of any fixes, updates, and upgrades;
(iii) will not interfere or attempt to interfere with the operational features of the Solution;
(iv) will not delete, or in any manner alter, the copyright, trademark, or other proprietary rights notices appearing on the Solution; and
(v) will not modify, reverse engineer, download, host on Customer’s own servers, disassemble, decompile, license, or sublicense the Solution to any third parties or otherwise use the Solution, including the Quantcast Choice Technical Guide or other corresponding instruction manuals and documentation, to develop or assist in developing a product or service competitive with the Solution.
3. Indemnity. Customer agrees to defend, indemnify, and hold Quantcast harmless from any judgments, damages, loss, liability, fines, or costs (including reasonable attorneys’ fees) resulting from Customer’s breach of a term of this Agreement or Customer’s use of the Solution if not in compliance with the terms of the Agreement. Quantcast will have no obligation or liability hereunder where the claim results from any combination with, addition to, or modification of the Choice Tag. Where pursuant to Article 82(4) of the GDPR, Quantcast is found to be liable for the entire damage arising from a breach or breaches of the GDPR relating to activities under this Agreement, in order to ensure effective compensation of one or more individuals, then Customer shall indemnify Quantcast for all claims, demands, loss, damages, or expenses (including reasonable attorneys’ fees) relating to any breaches of GDPR for which Customer is wholly or partly responsible. All compensation paid to a data subject pursuant to Article 82(4) of the GDPR by Quantcast which is wholly or partly attributable to GDPR breaches by Customer shall be repaid pursuant to this indemnity and Article 82(5) immediately on receipt of a written request from Quantcast pursuant to this Section 3.
4. Warranty Disclaimer. The Solution provided “as is” without warranty or condition of any kind, either express or implied. Without limiting the foregoing, Quantcast explicitly disclaims any warranties of merchantability, fitness for a particular purpose, quiet enjoyment, or non-infringement. Quantcast assumes no liability on behalf of Customer, any of Customer’s third party vendors, or any other entities for acting or not acting on Choice Signals, or if Customer or any of Customer’s third party vendors or any other entities bypass or otherwise interfere with the technical restrictions included in the Solution as provided by Quantcast. Quantcast makes no warranty that the Solution, including the Choice Tag, will (a) be available on an uninterrupted, secure, or error-free basis, (b) not cause any latency or processing delays, or (c) meets any legal requirements around consent or data protection. Quantcast assumes no liability for Customer’s reliance on the Solution. The foregoing exclusions and disclaimers are an essential part of this Agreement and formed a basis for enabling Quantcast to offer the Solution to Customer. Some jurisdictions do not allow exclusion of certain warranties so this disclaimer may not apply to Customer in full.
5. Termination. Unless otherwise terminated as set forth herein, this Agreement will remain in full force and effect while Customer uses the Solution. Customer may terminate this Agreement by removing the Choice Tag from Customer’s websites or apps, as applicable, or notifying Quantcast of Customer’s termination of this Agreement at any time in writing. Quantcast may terminate access to the Solution or terminate this Agreement at any time, for any reason or no reason and without any liability to Customer. Quantcast will not be liable to Customer or any third party for termination of this Agreement. Notwithstanding the above, Sections 3 and 7 to 10 will survive termination.
6. Modification of the Agreement. Quantcast reserves the right, in its sole discretion, to modify or discontinue the Solution without notice. Quantcast may also modify this Agreement from time to time. If the modified Agreement is not acceptable to Customer, Customer may terminate Customer's account within 30 days by following the procedure in Section 5. Use of the Solution, after 30 days, will constitute Customer’s acceptance thereof.
7. Limitation on Liability. IN NO EVENT WILL QUANTCAST BE LIABLE TO CUSTOMER OR ANY THIRD PARTY FOR ANY CONSEQUENTIAL LOSS, EXEMPLARY DAMAGE, INCIDENTAL LOSS, SPECIAL DAMAGE OR LOSS, LOST PROFIT, OR PUNITIVE DAMAGES ARISING FROM CUSTOMER’S USE OF THE SOLUTION, EVEN IF QUANTCAST HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THESE LIMITATIONS FORMED A BASIS FOR ENABLING QUANTCAST TO OFFER THE SOLUTION TO CUSTOMER. THIS PARAGRAPH WILL APPLY REGARDLESS OF ANY FAILURE OF THE EXCLUSIVE REMEDY PROVIDED IN THE FOLLOWING PARAGRAPH. EXCEPT WITH REGARD TO LIABILITY STEMMING FROM DEATH OR PERSONAL INJURY RESULTING FROM QUANTCAST’S NEGLIGENCE, OR QUANTCAST’S FRAUD, NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, QUANTCAST’S LIABILITY TO CUSTOMER FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION WILL AT ALL TIMES BE LIMITED TO TWO HUNDRED FIFTY DOLLARS (U.S. $250.00).
8. Notices. All notices or other communications to Quantcast from Customer will be deemed given only when received by hand delivery, electronic mail, or prepaid first class mail, at the address below or any other address provided by Quantcast to Customer for these purposes, with attention to the Legal Department.
Persons in the United States, please contact:
Quantcast Corp.
795 Folsom Street
San Francisco, CA 94107
Attn: Legal Department
Email: contact@quantcast.com
Persons outside of the United States, please contact:
Quantcast International Limited
Beaux Lane House
Lower Mercer Street, 1st Floor
Dublin 2, Ireland
Attn: Legal Department
Email: contact.dublin@quantcast.com
9. Miscellaneous. This Agreement constitutes the entire Agreement between the parties with respect to the Solution and supersedes all previous and contemporaneous agreements, proposals, and communications, written or oral, between Quantcast and Customer with respect thereto. Any waiver by either party of any violation of this Agreement will not be deemed to waive any further or future violation of the same or any other provision. If any parts or provisions of this Agreement are held to be unenforceable, then Customer and Quantcast agree that such parts or provisions will be given maximum permissible force and effect and the remainder of the Agreement will be fully enforceable. Customer and Quantcast agree that there are no third party beneficiaries of any promises, obligations, or representations made by Quantcast. Either party may assign its rights, data, and duties, under this Agreement in their entirety in connection with a sale of all (or substantially all) of its assets relating to this Agreement, a merger, or a reorganization. Nothing in this Agreement will constitute a partnership or joint venture between Customer and Quantcast. This Agreement is drafted in the English language. Any translation into another language is provided for convenience only. In the event of any inconsistency between the English language version and any translation, the English language version shall prevail.
10. Contracting Party; Choice of Law and Venue. If Customer resides in the United States, this Agreement is between Customer and Quantcast Corporation (a Delaware corporation), this Agreement and any dispute relating to this Agreement will be governed by the laws of California, and Customer and Quantcast Corporation consent and agree that jurisdiction, proper venue, and the most convenient forum for all claims, actions, and proceedings of any kind relating to this Agreement will be exclusively in courts located in San Francisco, California. If Customer resides outside of the United States, this Agreement is between Customer and Quantcast International Limited (an Irish limited liability company), this Agreement and any dispute relating to this Agreement will be governed by the laws of Ireland, and Customer and Quantcast International Limited consent and agree that jurisdiction, proper venue, and the most convenient forum for all claims, actions, and proceedings of any kind relating to this Agreement will be exclusively in courts located in Dublin, Ireland. References in this Agreement to “Quantcast”, “us”, “we,” and “our” mean either Quantcast Corporation or Quantcast International Limited, as appropriate.
Appendix 1: Quantcast Choice Processing Terms
Quantcast and Customer have entered into the Agreement for the provision of the Quantcast Choice Basic Services.
These Quantcast Choice Processing Terms (including Appendices 2 through 4, “Data Processing Terms”) are entered into by Quantcast and Customer and supplement the Agreement. These Data Processing Terms will be effective, and replace any previously applicable terms relating to their subject matter (including any data processing amendment or data processing addendum relating to Quantcast Choice), from the Terms Effective Date.
1. Introduction
These Data Processing Terms reflect the parties’ agreement on the terms governing the processing of certain data in connection with European Data Protection Law and certain Non-European Data Protection Law.
2. Definitions and Interpretation
2.1 In these Data Processing Terms:
“Additional Product or Service” means a product, product functionality service, or application provided by Quantcast or a third party that: (a) is not part of the Quantcast Choice Basic Services; and (b) is accessible for use within the Quantcast Choice user portal or is otherwise integrated or used in conjunction with the Quantcast Choice Basic Services, including, without limitation, Quantcast Choice Additional Services, Quantcast Measure, Q for Publishers, Quantcast Advertise, and Q for Marketers.
“Additional Terms for Non-European Data Protection Law” means the additional terms referred to in Appendix 4, which reflect the parties’ agreement on the terms governing the processing of certain data in connection with certain Non-European Data Protection Laws.
“Affiliate” means an entity that directly or indirectly controls, is controlled by, or is under common control with, a party.
“CCPA” means Title 1.81.5 of the California Civil Code.
“Customer Personal Data” means personal data that is processed by Quantcast on behalf of Customer in Quantcast’s provision of the Quantcast Choice Basic Services.
“Data Incident” means a breach of Quantcast’s security leading to the accidental or unlawful destruction, loss, alteration, unauthorised disclosure of, or access to, Customer Personal Data on systems managed by or otherwise controlled by Quantcast. “Data Incidents” will not include unsuccessful attempts or activities that do not compromise the security of Customer Personal Data, including unsuccessful log-in attempts, pings, port scans, denial of service attacks, and other network attacks on firewalls or networked systems.
“Data Subject Rights Tool” means a tool (if any) made available by Quantcast to data subjects that enables Quantcast to respond directly and in a standardised manner to certain requests from data subjects in relation to Customer Personal Data.
“EEA” means the European Economic Area.
“EU GDPR” means 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.
“European Data Protection Law” means, as applicable: (a) the GDPR; and/or (b) the Federal Data Protection Act of 19 June 1992 (Switzerland).
“European or National Laws” means, as applicable: (a) EU or EU Member State law (if the EU GDPR applies to the processing of Customer Personal Data); and/or (b) the law of the UK or a part of the UK (if the UK GDPR applies to the processing of Customer Personal Data).
“GDPR” means, as applicable: (a) the EU GDPR; and/or (b) the UK GDPR.
“Quantcast” means the Quantcast Entity that is party to the Agreement.
“Quantcast Affiliate Subprocessors” has the meaning given in Section 11.1 (Authorization for Subprocessor Engagement).
“Quantcast Entity” means Quantcast Corporation or Quantcast International Limited, as applicable.
“Non-European Data Protection Law” means data protection or privacy laws in force outside the EEA, Switzerland and the UK.
“Notification Email Address” means the email used to create the account with which Customer accesses the Quantcast Choice user portal, and/or the email address (if any) designated by Customer, via the Quantcast Choice user portal or such other means provided by Quantcast, to receive certain notifications from Quantcast relating to these Data Processing Terms.
“Standard Contractual Clauses” means the standard clauses adopted by the European Commission for the lawful transfer of personal data from the EEA to jurisdictions that have not been deemed to provide an adequate level of data protection by the European Commission, and any equivalent transfer mechanism that may apply in the UK.
“Quantcast Choice Basic Services” means the applicable services listed here.
“Security Measures” has the meaning given in Section 7.1.1 (Quantcast’s Security Measures).
“Subprocessors” means third parties authorised under these Data Processing Terms to have logical access to and process Customer Personal Data in order to provide parts of the Quantcast Choice Basic Services and any related technical support.
“Supervisory Authority” means, as applicable: (a) a “supervisory authority” as defined in the EU GDPR; and/or (b) the “Commissioner” as defined in the UK GDPR.
“Term” means the period from the Terms Effective Date until the end of Quantcast’s provision of the Quantcast Choice Basic Services under the Agreement.
“Terms Effective Date” means, the date on which Customer accepted the Agreement or the parties otherwise agreed to these Data Processing Terms.
“Third Party Subprocessors” has the meaning given in Section 11.1 (Authorization for Subprocessor Engagement).
“UK GDPR” means the EU GDPR as amended and incorporated into UK law under the UK European Union (Withdrawal) Act 2018, if in force.
2.2 The terms “controller”, “data subject”, “personal data”, “processing” and “processor” as used in these Data Processing Terms have the meanings given in the GDPR.
2.3 The words “include” and “including” mean “including but not limited to”. Any examples in these Data Processing Terms are illustrative and not the sole examples of a particular concept.
2.4 Any reference to a legal framework, statute or other legislative enactment is a reference to it as amended or re-enacted from time to time.
2.5 If these Data Processing Terms are translated into any other language, and there is a discrepancy between the English text and the translated text, the English text will govern.
3. Duration of these Data Processing Terms
These Data Processing Terms will take effect on the Terms Effective Date and, notwithstanding expiry of the Term, remain in effect until, and automatically expire upon, deletion of all Customer Personal Data by Quantcast as described in these Data Processing Terms.
4. Application of these Data Processing Terms
4.1 Application of European Data Protection Law.
Sections 5 (Processing of Data) to 12 (Contacting Quantcast; Processing Records) (inclusive) will only apply to the extent that European Data Protection Law applies to the processing of Customer Personal Data, including if:
(a) the processing is in the context of the activities of an establishment of Customer in the EEA or the UK; and/or
(b) Customer Personal Data is personal data relating to data subjects who are in the EEA or the UK and the processing relates to the offering to them of goods or services or the monitoring of their behaviour in the EEA or the UK.
4.2 Application to Quantcast Choice Basic Services.
These Data Processing Terms will only apply to the Quantcast Choice Basic Services for which the parties agreed to these Data Processing Terms.
4.3 Incorporation of Additional Terms for Non-European Data Protection Law.
The Additional Terms for Non-European Data Protection Legislation supplement these Data Processing Terms.
5. Processing of Data
5.1 Roles and Regulatory Compliance; Authorisation.
5.1.1 Processor and Controller Responsibilities. The parties acknowledge and agree that:
(a) Appendix 2 describes the subject matter and details of the processing of Customer Personal Data;
(b) Quantcast is a processor of Customer Personal Data under European Data Protection Law;
(c) Customer is a controller or processor, as applicable, of Customer Personal Data under European Data Protection Law; and
(d) each party will comply with the obligations applicable to it under European Data Protection Law with respect to the processing of Customer Personal Data.
5.1.2 Authorisation by Third Party Controller. If Customer is a processor, Customer warrants to Quantcast that Customer’s instructions and actions with respect to Customer Personal Data, including its appointment of Quantcast as another processor, have been authorised by the relevant controller.
5.2 Customer’s Instructions.
By entering into these Data Processing Terms, Customer instructs Quantcast to process Customer Personal Data only in accordance with applicable law:
(a) to provide the Quantcast Choice Basic Services and any related technical support;
(b) as further specified via Customer’s use of the Quantcast Choice Basic Services (including in the settings and other functionality of the Quantcast Choice Basic) and any related technical support;
(c) as documented in the form of the Agreement, including these Data Processing Terms; and
(d) as further documented in any other written instructions given by Customer and acknowledged by Quantcast as constituting instructions for purposes of these Data Processing Terms.
5.3 Quantcast’s Compliance with Instructions.
Quantcast will comply with the instructions described in Section 5.2 (Customer’s Instructions) (including with regard to data transfers) unless European or National Laws to which Quantcast is subject require other processing of Customer Personal Data by Quantcast, in which case Quantcast will inform Customer (unless any such law prohibits Quantcast from doing so on important grounds of public interest).
5.4 Additional Product or Services.
If Customer uses any Additional Product or Service, the Quantcast Choice Basic Services may allow that Additional Product or Service to access Customer Personal Data as required for the interoperation of the Additional Product or Service with the Quantcast Choice Basic Services. For clarity, these Data Processing Terms do not apply to the processing of personal data in connection with the provision of any Additional Product or Service used by Customer, including personal data transmitted to or from that Additional Product or Service.
6. Data Deletion
6.1 Deletion During Term.
6.1.1 During the Term Quantcast will comply with:
(a) any reasonable request from Customer to facilitate such deletion, insofar as this is possible taking into account the nature and functionality of the Quantcast Choice Basic Services and unless European or National Laws require storage; and
(b) the data retention practices described at www.quantcast.com/privacy.
Quantcast may charge a fee (based on Quantcast’s reasonable costs) for any data deletion under Section 6.1.1. Quantcast will provide Customer with further details of any applicable fee, and the basis of its calculation, in advance of any such data deletion.
6.2 Deletion on Term Expiry.
On expiry of the Term, Customer instructs Quantcast to delete all Customer Personal Data (including existing copies) from Quantcast’s systems in accordance with applicable law. Quantcast will comply with this instruction as soon as reasonably practicable and within a maximum period of 13 months, unless European or National Laws require storage.
7. Data Security
7.1 Quantcast’s Security Measures and Assistance.
7.1.1 Quantcast’s Security Measures. Quantcast will implement and maintain technical and organisational measures to protect Customer Personal Data against accidental or unlawful destruction, loss, alteration, unauthorised disclosure or access as described in Appendix 3 (the “Security Measures”). As described in Appendix 3, the Security Measures include measures:
(a) to encrypt personal data;
(b) to help ensure the ongoing confidentiality, integrity, availability and resilience of Quantcast’s systems and services;
(c) to help restore timely access to personal data following an incident; and
(d) for regular testing of effectiveness.
Quantcast may update or modify the Security Measures from time to time, provided that such updates and modifications do not result in the degradation of the overall security of the Quantcast Choice Basic Services.
7.1.2 Security Compliance by Quantcast Staff. Quantcast will take appropriate steps to ensure compliance with the Security Measures by its employees, contractors and Subprocessors to the extent applicable to their scope of performance, including ensuring that all persons authorised to process Customer Personal Data have committed themselves to confidentiality or are under an appropriate statutory obligation of confidentiality.
7.2 Data Incidents.
7.2.1 Incident Notification. If Quantcast becomes aware of a Data Incident, Quantcast will:
(a) notify Customer of the Data Incident promptly and without undue delay; and
(b) promptly take reasonable steps to minimise harm and secure Customer Personal Data.
7.2.2 Details of Data Incident. Notifications made under Section 7.2.1 (Incident Notification) will describe, to the extent possible, details of the Data Incident, including steps taken to mitigate the potential risks and steps Quantcast recommends Customer take to address the Data Incident.
7.2.3 Delivery of Notification. Quantcast will deliver its notification of any Data Incident to the Notification Email Address or, at Quantcast’s discretion (including if Customer has not provided a Notification Email Address), by other direct communication (for example, by phone call or an in-person meeting). Customer is solely responsible for providing the Notification Email Address and ensuring that the Notification Email Address is current and valid.
7.2.4 Third Party Notifications. Customer is solely responsible for complying with incident notification laws applicable to Customer and fulfilling any third party notification obligations related to any Data Incident.
7.2.5 No Acknowledgement of Fault by Quantcast. Quantcast’s notification of or response to a Data Incident under this Section 7.2 (Data Incidents) will not be construed as an acknowledgement by Quantcast of any fault or liability with respect to the Data Incident.
7.3 Customer’s Security Responsibilities and Assessment.
7.3.1 Customer’s Security Responsibilities. Customer agrees that, without prejudice to Quantcast’s obligations under Sections 7.1 (Quantcast’s Security Measures and Assistance) and 7.2 (Data Incidents):
(a) Customer is solely responsible for its use of the Quantcast Choice Basic Services, including:
(i) making appropriate use of the Quantcast Choice Basic Services to ensure a level of security appropriate to the risk in respect of Customer Personal Data; and
(ii) securing the account authentication credentials, systems and devices Customer uses to access the Quantcast Choice Basic Services; and
(b) Quantcast has no obligation to protect Customer Personal Data that Customer elects to store or transfer outside of Quantcast’s and its Subprocessors’ systems.
7.3.2 Customer’s Security Assessment. Customer acknowledges and agrees that (taking into account the state of the art, the costs of implementation and the nature, scope, context and purposes of the processing of Customer Personal Data as well as the risks to individuals) the Security Measures implemented and maintained by Quantcast as set out in Section 7.1.1 (Quantcast’s Security Measures) provide a level of security appropriate to the risk in respect of Customer Personal Data.
7.4 Reviews and Audits of Compliance.
Reviews of security documentation. To demonstrate compliance by Quantcast with its obligations under these Data Processing Terms, Quantcast will make security documentation available for review by Customer.
8. Impact Assessments and Consultations
Customer agrees that Quantcast will (taking into account the nature of the processing and the information available to Quantcast) assist Customer in ensuring compliance with any obligations of Customer in respect of data protection impact assessments and prior consultation, including (if applicable) Customer’s obligations pursuant to Articles 35 and 36 of the GDPR, by:
(a) providing security documentation in accordance with Section 7.4 (Reviews of security documentation);
(b) providing the information contained in these Data Processing Terms; and
(c) providing or otherwise making available, in accordance with Quantcast’s standard practices, other materials concerning the nature of the Quantcast Choice Basic Services and the processing of Customer Personal Data.
9. Data Subject Rights
9.1 Responses to Data Subject Requests.
If Quantcast receives a request from a data subject in relation to Customer Personal Data, Quantcast will:
(a) if the request is made via a Data Subject Rights Tool, or if the request does not name Customer, respond directly to the data subject’s request in accordance with the standard functionality of that Data Subject Rights Tool or Quantcast standard practice; or
(b) if the request is not made via a Data Subject Rights Tool and the request names Customer, advise the data subject to submit his/her request to Customer, and Customer will be responsible for responding to such request.
9.2 Quantcast’s Data Subject Request Assistance.
Customer agrees that Quantcast will (taking into account the nature of the processing of Customer Personal Data and, if applicable, Article 11 of the GDPR) assist Customer in fulfilling any obligation of Customer to respond to requests by data subjects, including (if applicable) Customer’s obligation to respond to requests for exercising the data subject’s rights laid down in Chapter III of the GDPR, by:
(a) providing the functionality of the Quantcast Choice Basic Services;
(b) complying with the commitments set out in Section 9.1 (Responses to Data Subject Requests); and
(c) if applicable to the Quantcast Choice Basic Services, making available Data Subject Rights Tools.
10. Data Transfers
10.1 Data Storage and Processing Facilities.
Customer agrees that Quantcast may, subject to Section 10.2 (Transfers of Data), store and process Customer Personal Data in the United States of America and any other country in which Quantcast or any of its Subprocessors maintains facilities.
10.2 Transfers of Data.
Quantcast will ensure that any transfers of personal data between jurisdictions between Quantcast Entities and/or Subprocessors is lawful, for example by entering into Standard Contractual Clauses.
11. Subprocessors
11.1 Authorization for Subprocessor Engagement.
Customer specifically authorises the engagement of Quantcast’s Affiliates as Subprocessors (“Quantcast Affiliate Subprocessors”). In addition, Customer generally authorises the engagement of any other third parties as Subprocessors (“Third Party Subprocessors”).
11.2 Information about Subprocessors.
Information about Third Party Subprocessors is available at www.quantcast.com/privacy/quantcast-partners/. Quantcast will update the information included when any new Third Party Subprocessor is engaged.
11.3 Requirements for Subprocessor Engagement.
When engaging any Subprocessor, Quantcast will:
(a) ensure via a written contract that:
(i) the Subprocessor only accesses and uses Customer Personal Data to the extent required to perform the obligations subcontracted to it, and does so in accordance with the Agreement (including these Data Processing Terms); and
(ii) if the GDPR applies to the processing of Customer Personal Data, the data protection obligations set out in Article 28(3) of the GDPR are imposed on the Subprocessor; and
(b) remain fully liable for all obligations subcontracted to, and all acts and omissions of, the Subprocessor.
11.4 Opportunity to Object to Subprocessor Changes.
When any new Third Party Subprocessor is engaged during the Term by Quantcast, Customer may object to any new Third Party Subprocessor by terminating the Agreement immediately upon written notice to Quantcast. This termination right is Customer’s sole and exclusive remedy if Customer objects to any new Third Party Subprocessor.
12. Contacting Quantcast; Processing Records
12.1 Contacting Quantcast.
Customer may contact Quantcast in relation to the exercise of its rights under these Data Processing Terms via contact@quantcast.com (for persons in the United States) or contact.dublin@quantcast.com (for other persons), or via such other means as may be provided by Quantcast from time to time.
12.2 Quantcast’s Processing Records.
Customer acknowledges that Quantcast is required under the GDPR to:
(a) collect and maintain records of certain information, including the name and contact details of each processor and/or controller on behalf of which Quantcast is acting and (if applicable) of such processor’s or controller's local representative and data protection officer; and
(b) make such information available to any Supervisory Authority.
Accordingly, Customer will, where requested and as applicable to Customer, provide such information to Quantcast via the Quantcast Choice user portal or via such other means as may be provided by Quantcast, and will use such user portal or other means to ensure that all information provided is kept accurate and up-to-date.
13. Liability
The liability provisions in the Agreement apply equally to these Data Processing Terms.
14. Effect of these Data Processing Terms
If there is any conflict or inconsistency between the terms of the Additional Terms for Non-European Data Protection Law, the remainder of these Data Processing Terms and/or the remainder of the Agreement, then the following order of precedence will apply:
(a) the Additional Terms for Non-European Data Protection Law;
(b) the remainder of these Data Processing Terms; and
(c) the remainder of the Agreement.
Subject to the amendments in these Data Processing Terms, the Agreement remains in full force and effect.
Appendix 2: Subject Matter and Details of the Data Processing
Subject Matter
Quantcast’s provision of the Quantcast Choice Basic Services and any related technical support to Customer.
Duration of the Processing
The Term plus the period from expiry of the Term until deletion of all Customer Personal Data by Quantcast in accordance with these Data Processing Terms.
Nature and Purpose of the Processing
Quantcast will process (including, as applicable to the Quantcast Choice Basic Services and the instructions described in Section 5.2 (Customer’s Instructions), collecting, recording, organising, structuring, storing, altering, retrieving, using, disclosing, combining, erasing and destroying) Customer Personal Data for the purpose of providing the Quantcast Choice Basic Services and any related technical support to Customer in accordance with these Data Processing Terms.
Types of Personal Data
Customer Personal Data may include the types of personal data described www.quantcast.com/privacy.
Categories of Data Subjects
Customer Personal Data will concern the following categories of data subjects:
- data subjects about whom Quantcast collects personal data in its provision of the Quantcast Choice Basic Services; and/or
- data subjects about whom personal data is transferred to Quantcast in connection with the Quantcast Choice Basic Services by, at the direction of, or on behalf of Customer.
Data subjects may include individuals who have visited specific websites or applications in respect of which Quantcast provides the Quantcast Choice Basic Services; and/or (c) users who access the Quantcast Choice user portal.
Appendix 3: Security Measures
As from the Terms Effective Date, Quantcast will implement and maintain the Security Measures set out in this Appendix 3. Quantcast may update or modify such Security Measures from time to time, provided that such updates and modifications do not result in the degradation of the overall security of the Quantcast Choice Basic Services.
1. Data Centre & Network Security
(a) Data Centres.
Infrastructure. Quantcast maintains geographically distributed data centres. Quantcast stores all production data in physically secure data centres.
Redundancy. Infrastructure systems have been designed to eliminate single points of failure and minimise the impact of anticipated environmental risks. Dual circuits, switches, routers or other necessary network devices help provide this redundancy. The Quantcast Choice Basic Services are designed to allow Quantcast to perform certain types of preventative and corrective maintenance without interruption. All environmental equipment and facilities have documented preventative maintenance procedures that detail the process for and frequency of performance in accordance with the manufacturer's or internal specifications. Preventative and corrective maintenance of the data centre equipment is scheduled through a standard process according to documented procedures.
Power. The data centre electrical power systems are designed to be redundant and maintainable without impact to continuous operations, 24 hours a day, and 7 days a week. In most cases, a primary as well as an alternate power source, each with equal capacity, is provided for critical infrastructure components in the data centre. Backup power is provided by various mechanisms such as uninterruptible power supply (UPS) batteries, which supply consistently reliable power protection during utility brownouts, blackouts, over voltage, under voltage, and out-of-tolerance frequency conditions. If utility power is interrupted, backup power is designed to provide transitory power to the data centre, at full capacity, for up to 10 minutes until the diesel generator systems take over. The diesel generators are capable of automatically starting up within seconds to provide enough emergency electrical power to run the data centre at full capacity typically for a period of days.
Server Operating Systems. Quantcast servers use hardened operating systems which are customised for the unique server needs of the business. Data is stored using proprietary algorithms to augment data security and redundancy. Quantcast employs a code review process to increase the security of the code used to provide the Quantcast Choice Basic Services and enhance the security products in production environments.
Businesses Continuity. Quantcast replicates data over multiple systems to help to protect against accidental destruction or loss. Quantcast has designed and regularly plans and tests its business continuity planning/disaster recovery programs.
(b) Networks & Transmission.
Data Transmission. Data centres are typically connected via high-speed private links to provide secure and fast data transfer between data centres. This is designed to prevent data from being read, copied, altered or removed without authorisation during electronic transfer or transport or while being recorded onto data storage media. Quantcast transfers data via industry standard network protocols.
External Attack Surface. Quantcast employs multiple layers of network devices and intrusion detection to protect its external attack surface. Quantcast considers potential attack vectors and incorporates appropriate purpose built technologies into external facing systems.
Intrusion Detection. Intrusion detection is intended to provide insight into ongoing attack activities and provide adequate information to respond to incidents. Quantcast’s intrusion detection involves:
1. Tightly controlling the size and make-up of Quantcast’s attack surface through preventative measures;
2. Employing intelligent detection controls at data entry points; and
3. Employing technologies that automatically remedy certain dangerous situations.
Incident Response. Quantcast monitors a variety of communication channels for security incidents, and Quantcast’s security personnel will react promptly to known incidents.
Encryption Technologies. Quantcast makes HTTPS encryption (also referred to as SSL or TLS connection) available. Quantcast servers support ephemeral elliptic curve Diffie Hellman cryptographic key exchange signed with RSA and ECDSA. These perfect forward secrecy (PFS) methods help protect traffic and minimise the impact of a compromised key, or a cryptographic breakthrough.
2. Access and Site Controls
(a) Site Controls.
On-site Data Centre Security Operation. Quantcast’s data centres maintain an on-site security operation responsible for all physical data centre security functions 24 hours a day, 7 days a week. The on-site security operation personnel monitor Closed Circuit TV (“CCTV”) cameras and all alarm systems. On-site security operation personnel perform internal and external patrols of the data centre regularly.
Data Centre Access Procedures. Quantcast maintains formal access procedures for allowing physical access to the data centres. The data centres are housed in facilities that require electronic card key access, with alarms that are linked to the on-site security operation. All entrants to the data centre are required to identify themselves as well as show proof of identity to on-site security operations. Only authorised employees, contractors and visitors are allowed entry to the data centres. Only authorised employees and contractors are permitted to request electronic card key access to these facilities. Data centre electronic card key access requests must be made in advance and in writing, and require the approval of the requestor’s manager and the data centre director. All other entrants requiring temporary data centre access must: (i) obtain approval in advance from the data centre managers for the specific data centre and internal areas they wish to visit; (ii) sign in at on-site security operations; and (iii) reference an approved data centre access record identifying the individual as approved.
On-site Data Centre Security Devices. Quantcast’s data centres employ an electronic card key and biometric access control system that is linked to a system alarm. The access control system monitors and records each individual’s electronic card key and when they access perimeter doors, shipping and receiving, and other critical areas. Unauthorised activity and failed access attempts are logged by the access control system and investigated, as appropriate. Authorised access throughout the business operations and data centres is restricted based on zones and the individual’s job responsibilities. The fire doors at the data centres are alarmed. CCTV cameras are in operation both inside and outside the data centres. The positioning of the cameras has been designed to cover strategic areas including, among others, the perimeter, doors to the data centre building, and shipping/receiving. On-site security operations personnel manage the CCTV monitoring, recording and control equipment. Secure cables throughout the data centres connect the CCTV equipment. Cameras record on-site via digital video recorders 24 hours a day, 7 days a week. The surveillance records are retained for at least 7 days based on activity.
(b) Access Control.
Infrastructure Security Personnel. Quantcast has, and maintains, a security policy for its personnel, and requires security training as part of the training package for its personnel. Quantcast’s infrastructure security personnel are responsible for the ongoing monitoring of Quantcast’s security infrastructure, the review of the Quantcast Choice Basic Services, and responding to security incidents.
Access Control and Privilege Management. Customer's administrators and users must authenticate themselves via a central authentication system or via a single sign on system in order to use the Quantcast Choice Basic Services.
Internal Data Access Processes and Policies – Access Policy. Quantcast’s internal data access processes and policies are designed to prevent unauthorised persons and/or systems from gaining access to systems used to process personal data. Quantcast aims to design its systems to: (i) only allow authorised persons to access data they are authorised to access; and (ii) ensure that personal data cannot be read, copied, altered or removed without authorisation during processing, use and after recording. The systems are designed to detect any inappropriate access. Quantcast employs a centralised access management system to control personnel access to production servers, and only provides access to a limited number of authorised personnel. LDAP, Kerberos and a proprietary system utilising SSH certificates are designed to provide Quantcast with secure and flexible access mechanisms. These mechanisms are designed to grant only approved access rights to site hosts, logs, data and configuration information. Quantcast requires the use of unique user IDs, strong passwords, two factor authentication and carefully monitored access lists to minimise the potential for unauthorised account use. The granting or modification of access rights is based on: the authorised personnel’s job responsibilities; job duty requirements necessary to perform authorised tasks; and a need to know basis. The granting or modification of access rights must also be in accordance with Quantcast’s internal data access policies and training. Approvals are managed by workflow tools that maintain audit records of all changes. Access to systems is logged to create an audit trail for accountability. Where passwords are employed for authentication (e.g. login to workstations), password policies that follow at least industry standard practices are implemented. These standards include restrictions on password reuse and sufficient password strength.
3. Data
(a) Data Storage, Isolation & Authentication.
Quantcast stores data in a multi-tenant cloud environment. Data, the Quantcast Choice Basic Services database and file system architecture are replicated between multiple geographically dispersed data centres. Quantcast logically isolates each customer's data. A central authentication system is used across all Quantcast Choice Basic Services to increase uniform security of data.
(b) Decommissioned Disks and Disk Destruction Guidelines.
Data Destruction: Content on drives is treated at the highest level of classification. Content is destroyed on storage devices as part of the decommissioning process in accordance with industry security standards. Where cloud servers are hosted by third parties, they are securely wiped or overwritten prior to provisioning for reuse. Any media is securely wiped or degaussed and physically destroyed prior to leaving physical or logical secure boundaries. To validate secure wipe processes and procedures, third party auditors review the guidance within the applicable media protection policy, observe degaussing equipment and secure shred bins located within physical facilities, observe historical tickets which tracked the destruction of a hard drive within a data center and the process of a device being wiped and removed from the environment.
Data Deletion for block device based storage (SSD, HDD, ephemeral drives, etc.): In order to ensure that customer content is properly erased, Quantcast ensures that underlying storage media is wiped upon re-provisioning rather than upon de-provisioning. Processes that wipe content upon release of an asset (volume, object, etc.) are less reliable than processes that only re-provision clean storage to customers. Physical servers can reboot at any time for many reasons (power outage, system process interruption or failure, etc.), which might leave a wiping procedure in an incomplete state.
4. Personnel Security
Quantcast personnel are required to conduct themselves in a manner consistent with the company’s guidelines regarding confidentiality, business ethics, appropriate usage, and professional standards. Quantcast conducts reasonably appropriate background checks to the extent legally permissible and in accordance with applicable local labor law and statutory regulations.
Personnel are required to execute a confidentiality agreement and must acknowledge receipt of, and compliance with, Quantcast’s confidentiality and privacy policies. Personnel are provided with security training. Personnel handling Customer Personal Data are required to complete additional requirements appropriate to their role. Quantcast’s personnel will not process Customer Personal Data without authorisation.
5. Subprocessor Security
Before onboarding Subprocessors, Quantcast conducts an audit of the security and privacy practices of Subprocessors to ensure Subprocessors provide a level of security and privacy appropriate to their access to data and the scope of the services they are engaged to provide. Once Quantcast has assessed the risks presented by the Subprocessor then, subject always to the requirements set out in Section 11.3 (Requirements for Subprocessor Engagement), the Subprocessor is required to enter into appropriate security, confidentiality and privacy contract terms.
Appendix 4: Additional Terms for Non-European Data Protection Legislation
1. CCPA. Quantcast may offer and Customer may enable certain in-product settings, configurations or other functionality for the Quantcast Choice Basic Services. Subject to the terms of this Addendum and solely with respect to Customer Personal Information processed for the Quantcast Choice Basic Services, excluding any Additional Product or Service, Quantcast will act as Customer’s service provider, and as such, will not retain, use or disclose Customer Personal Information, other than (a) for a business purpose under the CCPA on behalf of Customer and the specific purpose of performing the Quantcast Choice Basic Services, as updated from time to time, or as otherwise permitted under the CCPA or (b) as may otherwise be permitted for service providers or under a comparable exemption from “sale” in the CCPA.
The provisions of this section are effective solely to the extent the CCPA applies. Customer is solely liable for its compliance with the CCPA in its use of the Quantcast Choice Basic Services. In addition to Section 6 of the Agreement, in the event of changes to the CCPA or issuance of any applicable regulation or court order or governmental guidance relating to the CCPA, Quantcast may change this section, if such change does not have a material adverse impact on Customer, as reasonably determined by Quantcast, with respect to exemptions from “sales” under the CCPA. The terms “business purpose”, “personal information”, “sale” and “service provider” as used in this section have the meanings given in the CCPA. “Customer Personal Information” means personal information that is processed by Quantcast on behalf of Customer in Quantcast’s provision of the Quantcast Choice Basic Services. If there is any conflict or inconsistency between the terms of this section and the remainder of the Agreement (including the Quantcast Choice Data Processing Terms), the terms of this section will govern.
US Data Privacy Addendum
Effective August 28, 2023
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Effective Date: May 16, 2023
This US Data Privacy Addendum (this “Addendum”) entered into by Customer and Quantcast (each, a “Party” and collectively, the “Parties”), governs the Processing of Personal Information that Customer transmits or otherwise makes available to Quantcast in connection with the delivery of Quantcast’s services (“Services”).
This Addendum is incorporated into the relevant Quantcast services agreement executed by the Parties (the “Agreement”). This Addendum reflects the Parties’ agreement with respect to the Processing of Personal Information pursuant to the Agreement and is applicable solely to the extent that the US State Privacy Laws apply.
In the event of any inconsistency between the terms of the Agreement and this Addendum, the terms of this Addendum shall prevail.
1. Definitions. Capitalized terms used in this Addendum that are not defined herein shall have the same meaning as set forth in the Agreement.
1.1. “Consumer” means a natural person to whom Personal Information relates.
1.2. “Consumer Rights Request” means a request made by a Consumer to exercise his or her rights under the US State Privacy Laws in relation to Personal Information.
1.3. “Controller” means the party that alone or jointly with others determines the purpose and means of the Processing of Personal Information.
1.4. “Personal Information” means any information relating to a Consumer that is subject to protection under the US State Privacy Laws and includes information that is referred to as “personal data” and similar terms as may be defined in the US State Privacy Laws.
1.5. “Processor” means the party that Processes Personal Information on behalf of the Controller.
1.6. “Subprocessor” means a party engaged by Quantcast in the Processing of the Customer Personal Information on Customer’s behalf.
1.7. “US State Privacy Laws” means privacy laws, regulations, or guidance applicable to the Processing of Personal Information in any relevant jurisdiction, including the California Consumer Privacy Act, as amended, including by the California Privacy Rights Act and implementing regulations (“CCPA”), the Colorado Privacy Act (“CPA”), the Connecticut Act Concerning Protection and Online Monitoring (“CTDPA”), the Utah Consumer Privacy Act (“UCPA”), the Virginia Consumer Data Protection Act (“VCDPA”), and any other similar applicable laws that are in effect or come into effect during the term of the Agreement.
1.8. The terms “Business,” “Process,” “Sale” (or “Sell”), “Service Provider,” “Share,” and “Third Party” have the meanings ascribed to them in the CCPA.
2. Quantcast as a Third Party.
2.1. Role of Quantcast. The Parties acknowledge and agree that with regard to the Personal Information that Customer makes available to Quantcast through the Tag pursuant to the Agreement and any Personal Information included in the Customer Data (the “Disclosed Personal Information”), Quantcast is a Third Party. In its role as a Third Party, Quantcast shall comply with the obligations that apply to it under the US State Privacy Laws (including with respect to the Disclosed Personal Information) and provide the Disclosed Personal Information the level of privacy protection required by such laws. In the event that Quantcast determines that it can no longer meet its obligations under the US State Privacy Laws with respect to the Disclosed Personal Information, it shall take commercially reasonable steps to notify Customer.
2.2. Processing of the Disclosed Personal Information. Customer makes the Disclosed Personal Information available to Quantcast for the limited and specified purpose of providing Customer with access to Quantcast’s platform and the Services and as otherwise described in the Agreement. Quantcast shall not Process the Disclosed Personal Information for any other purpose unless such Processing is explicitly permitted or required by the US State Privacy Laws or other applicable law.
2.3. Data Security. Quantcast shall maintain technical and organizational measures designed to protect the Disclosed Personal Information against any breach of security leading to the accidental or unlawful destruction, use, loss, alteration, unauthorized disclosure of, or access to the Disclosed Personal Information.
2.4. Consumer Rights Requests. In accordance with the US State Privacy Laws, Customer shall notify Quantcast in writing or through other methods agreed upon by the Parties of all Consumer Rights Requests it receives relating to the Disclosed Personal Information with which Quantcast must comply (including deletion and opt-out requests).
2.5. Compliance Verification. At reasonable intervals during the term of the Agreement not to exceed more than once in a given twelve (12) month period, Quantcast shall, upon written request, make available to Customer information or documentation necessary to demonstrate its compliance with its obligations under this Addendum with respect to the Disclosed Personal Information. In the event that the information or documentation provided by Quantcast reveals any unauthorized use of the Disclosed Personal Information, Customer and Quantcast shall promptly work together in good faith to agree upon reasonable and appropriate steps to stop and remediate the unauthorized use.
3. Modifications. The Parties agree to cooperate in good faith to amend the terms of this Addendum and/or enter into additional terms as necessary to address modifications, amendments, or updates to the US State Privacy Laws.
EEA/UK/Swiss Data Privacy Addendum
Effective August 28, 2023
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Last Updated: May 16, 2023
This EEA/UK/Swiss Data Privacy Addendum (“Addendum”) is incorporated into the services agreement(s) (all such agreements, the “Agreement”) between Quantcast and the counterparty(ies) identified in the Agreement (“Company”).
This Addendum applies to the extent that GDPR and the ePD apply, as described below. This Addendum replaces any terms previously applicable to the processing of European Personal Information.
Capitalized terms not defined in this Addendum are as defined in the Agreement. In the event of any inconsistency between the terms of the Agreement and this Addendum, the terms of this Addendum shall prevail.
1. Definitions. Capitalized terms used in this Addendum that are not defined herein shall have the same meaning as set forth in the Agreement.
1.1. “GDPR” means the EU General Data Protection Regulation (Regulation (EU) 2016/679) and any EU Member State laws implementing the GDPR, the UK GDPR and the UK Data Protection Act 2018.
1.2. “ePD” means the e-Privacy Directive (Directive 2002/58/EC) and the UK Privacy and Electronic Communications Regulations 2003.
2. ePD and GDPR Lawful Collection and Processing. To the extent that GDPR applies, including where web pages, advertisements or Company Media are accessed by individuals in the European Economic Area, Switzerland, or the United Kingdom and where Company Data that includes personal data subject to GDPR is provided (whether provided directly by Company or via third parties on Company’s behalf), Company agrees to:
2.1. Provide users with information about (i) Quantcast’s use of Company Data and Quantcast’s use of cookies, tags, pixels or other tracking technologies, including campaign tags and ad serving tags (“Tags”) and/or other storing and/or accessing of information stored on users’ devices and (ii) Quantcast’s processing of users’ personal data for personalized advertising purposes, including by posting a link to Quantcast’s Products and Services Privacy Policy (https://legal.quantcast.com/#privacy).
2.2. Obtain any required consents for (i) Quantcast’s use of Company Data and of Tags and/or other storing and/or accessing of information stored on users’ devices and (ii) Quantcast’s processing of users’ personal data for personalized advertising purposes.
2.3. As to Tags, inform Quantcast in accordance with the IAB Europe Transparency and Consent Framework or other technical standard agreed to by the parties that the conditions of (a) and (b) are met, or prevent Tags from executing unless the conditions of (a) and (b) are met. To the extent that Company has implemented Quantcast Choice or another consent management platform configured to provide transparency about and obtain consent for Quantcast in accordance with the IAB Europe Transparency and Consent Framework, the conditions of (a), (b), and (c) shall be deemed to be met.
3. GDPR Joint Controllership. To the extent that GDPR applies, including where web pages, advertisements, or other Company Media are accessed by individuals in the European Economic Area, Switzerland, or the United Kingdom and where Company Data that includes personal data subject to GDPR is provided (whether provided directly by Company or via third parties on Company’s behalf), Company and Quantcast acknowledge joint determination of the means and purposes of processing of personal data. Such joint controllership covers the collection of personal data through the Tags and any other transmission of such personal data to Quantcast. The parties agree that, for any other processing of personal data in connection with the Services, there is no joint determination of the purposes and means, and Quantcast and Company remain separate and independent controllers. The parties’ respective responsibilities for compliance with the obligations under GDPR in connection with the processing of personal data of users in the European Economic Area, Switzerland, or the United Kingdom that is collected by Quantcast from Company Media on which Company placed Tags is as follows:
3.1. Without prejudice to any obligations set forth in Agreement, Quantcast will ensure that it has a legal basis for the collection and processing of personal data. Quantcast will make available information about its data processing, as well as a means for users to exercise their data subject rights and other information required by GDPR, in its Products and Services Privacy Policy at https://legal.quantcast.com/#privacy. Quantcast will implement appropriate technical and organizational measures to enhance the security of its processing of personal data.
3.2. In addition to any obligations set forth in Agreement, Company will ensure that it has a legal basis for the collection and processing of personal data. Company will make available information about its data processing and other information required by GDPR in its privacy policy.
3.3. If any user exercises its rights under GDPR with respect to the processing of personal data collected by Quantcast from Company Media on which Company placed Tags, or if Company is contacted by a supervisory authority with regard to such processing, Company will, promptly and no later than seven (7) days following receipt of the request, forward all relevant information regarding such requests to Quantcast at privacy.qil@quantcast.com. Quantcast agrees to respond to such requests as required by GDPR. For the avoidance of doubt, Company is not authorized to answer on Quantcast’s behalf.
4. Application. For the avoidance of doubt, this Addendum applies to all Quantcast-branded services used by Company, such as Quantcast ad serving.
Key Terms
Effective August 29, 2023
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Advertising Exchange
See Exchange/Advertising Exchange.
Attributes/Attribute Information
Attributes are known, observed, or inferred characteristics. Examples of attributes are “male” and “visited XYZ website”. Attributes may be derived from Event Data, Bid Request Data, Client Data, Third Party Data, and Inferences/Inferred Data. Quantcast associates attributes with Pseudonymous Identifiers.
Audience
An Audience is a group of devices and/or users who are known to or are estimated to have certain common characteristics. A characteristic in common may be an Interest, such as an interest in cooking. A characteristic in common may be an Attribute, such as being male, visited a particular digital property, or viewed or interacted with a particular advertisement. One type of Audience is a group who have visited a Client’s digital property. Another type of Audience is a group who have been shown, or may potentially be shown, a Client’s advertisement.
Audience Insights
Audience Insights are data collected, or data that is inferred from data collected, about an Audience. Audience Insights are aggregated, anonymised data and are not Personal Information. An example of an Audience Insight is a report that a given audience is estimated to be 70% male and 3 times as likely to be interested in cooking compared to the general population.
Quantcast provides Audience Insights based on Event Data, Bid Request Data, Client Data, Third Party Data, and Inferred Data to Clients. Audience Insights enable Clients to better understand the audiences who engage with their content and ads.
Bid Request/Bid Request Data
A Bid Request is a request by a digital content publisher (e.g., website owner, app developer, streaming content provider, etc.) for an offer to place an ad in the publisher’s digital content. For example, when you visit an ad-supported web page, Bid Requests are sent by, or on behalf of, the publisher of the web page to multiple parties that may want to show an ad to you. Those parties can bid for the opportunity to show an ad in an auction, and one ad is selected to show on the page. Bid Requests typically go through an Advertising Exchange. This all happens via digital communication between computer servers in less than a second. The contents of the Bid Request may include information about the ad unit (the container in the digital content that will display the ad), the digital content, the device it will be seen on, and your engagement with the publisher’s digital content, so that prospective buyers can choose whether to bid and how much. For most cases, the contents of the Bid Request are defined by the OpenRTB industry standard (https://iabtechlab.com/standards/openrtb/), though not all fields are necessarily included in every Bid Request. Bid Request Data consists of data provided in the Bid Request and will commonly consist of a Pseudonymous Identifier (if available), the content that the ad would serve in (such as the web page, app, video, etc.), the type of device the ad would be served on (i.e., your device type), the approximate geographic location of your device, the size of the ad, the auction ID, and consent information, such as TCF Signals. Bid Request Data also includes Quantcast’s response to the Bid Request, such as whether Quantcast bid on the ad opportunity.
Browsing Data
Browsing Data is information collected relating to your Online activity or behaviour. Browsing Data is generated when a Pixels, Tags, or SDKs installed by a Client on its digital property loads and sends information to us. This includes the website URL of the page you are visiting, often along with a Pseudonymous Identifier, as well as fields of information that may be automatically included from HTTP Header Information, such as referral URLs (which is the URL that directed your browser to the website where an advertisement was served to you).
Browsing Data is included in Event Data.
Client Data
Client Data is Imported Data that is uploaded to the Quantcast platform by a particular advertiser Client for use on its behalf. Client Data is Pseudonymised Information, which defines groups of users. These groups might typically be based on users’ Online Data or Offline Data, or other characteristics or aspects of users’ relationship with the Client. The groups are then used by Quantcast to help deliver advertising campaigns to the right Audiences on behalf of the Client.
Cookie
A Cookie is a small bit of text that is sent to and saved on your computer or device when you visit a website. A Cookie is associated with a single web browser profile; each web browser and browser profile that you use on your device will have separate Cookies. Cookies allow a website to recognise a browser and are commonly used to store user preferences or identifiers, which enables us to collect and use information about browsers over time and across different internet content. Cookies enable us to understand more about users and the content they are visiting over time, which in turn can be used to improve our Clients’ advertising activities and the quality of advertising you experience. The identifiers we store in Cookies are Pseudonymous Information; in other words, they cannot be linked to you as an individual without technical efforts to add additional information, which Quantcast does not have. We do not attempt to link a Pseudonymous Identifier to you as an individual, and we prohibit other parties with whom we share Pseudonymous Identifiers or Pseudonymous Information from doing the same. Browsers have controls that enable users to clear or block Cookies. See your browser help for details.
There are two forms of cookies: First Party Cookies and Third Party Cookies.
A “First Party Cookie” is limited in scope to a particular website you visit (“First Party Cookie”). In some instances, Quantcast is able to store or access information in a First Party Cookie. If www.example.com incorporates Quantcast Pixels, Tags or SDKs into their website, and if you visit www.example.com, Quantcast may set a First-Party Cookie associated with www.example.com. In these instances, Quantcast can store a Pseudonymous Identifier in the First-Party Cookie, but because it is a First Party Cookie, Quantcast can only access that Pseudonymous Identifier in the context of your visits to that site.
A “Third Party Cookie” is a cookie associated with an internet domain that is different from the one you are visiting. For example, if you are visiting www.example.com and a Quantcast Pixel, Tag or SDK on that website is able to set a cookie associated with quantcast.com, that is a Third Party Cookie. That same cookie will be accessible to Quantcast on other sites that also incorporate Quantcast Pixels, Tags or SDKs. Quantcast uses
Pseudonymous Identifiers stored in Third Party Cookies in order to collect information across multiple websites.
Quantcast Cookies placed on your device have a maximum expiry period of 13 months (or such shorter period as described in the Privacy Policy “Information Collection” section). Each time you visit a website and a First or Third Party Cookie is placed on your device, the placement of a Cookie begins a new expiry period of up to 13 months (or such shorter period as described in the Privacy Policy “Information Collection” section). All Quantcast Cookies automatically cease providing any data to Quantcast from your browser upon expiration.
Cookie ID/Identifier
A Cookie ID is a unique string of characters that we store in a Cookie that allows us to identify a single web browser instance over time and across different web sites. Our Cookie IDs are Pseudonymous Identifiers. A First Party Cookie ID is a unique Pseudonymous Identifier relating to the First-Party Cookie set by the owner of the website you are visiting. A Third Party Cookie ID is a unique Pseudonymous Identifier relating to the Third-Party Cookie set by Quantcast.
Cookie Syncing/Matching
In the online advertising industry, Cookie Syncing/Matching generally refers to a process through which two entities who each, and separately, identify a device using their own Pseudonymous Identifier can determine which of their respective Pseudonymous Identifiers may relate to the same device. For example, Quantcast may pseudonymously identify a device as “cookie ID 123.” Company B may pseudonymously identify the same device as “cookie ID ABC.” Cookie Syncing/Matching enables Quantcast and Company B to recognise that their respective Pseudonymous identifiers may relate to the device that Quantcast records as “cookie ID 123”.
Quantcast’s Cookie Syncing activities work similarly. If you visit a website that incorporates Pixels, Tags or SDKs from Quantcast, Company B may match its own pseudonymous identifiers to Quantcast Pseudonymous Identifiers (this creates a record of matching pseudonymous identifiers for Company B). Once a match is established, Company B can reference a particular device when communicating with Quantcast, using Quantcast’s Pseudonymous Identifier.
The Cookie Syncing/Matching process does not in itself result in Quantcast sharing Attributes related to Quantcast Pseudonymous Identifiers with Company B. The Cookie Syncing/Matching enables transactions between the parties at a later time; for example, in the case of an Advertising Exchange sending a Bid Request, the Bid Request can contain a previously synched Pseudonymous Identifier.
Cross-Media Matching/Linking
In the online advertising industry, Cross-Media Matching generally refers to a process through which Quantcast links identifiers across a user’s consumption of various media (e.g. audio, video, websites, apps, etc) because such identifiers are known to or Inferred to relate to the same user. Matching/Linking may be undertaken for consumption of media on a single device and for consumption of media on more than one device. As an example, if you visit a digital property using your mobile phone and later visit that same digital property using a browser on your laptop or make visits to several different digital properties using a browser over a period of time, Quantcast may initially determine that these visits are made by different users and assign each device user their own profile.
If, however, Quantcast finds there is sufficient commonality between the Pseudonymous Identifiers associated with the consumption of media, Quantcast will assess that those identifiers may be joined as they are likely to emanate from the same user. This assessment is“probabilistic”– in other words, it uses statistical techniques to determine that the identifiers to be matched have a higher likelihood of relating to the same device and/or user.
Data Management Platforms and Data Providers
Data Management Platforms and Data Providers provide Third Party Data to Quantcast, or provide a platform through which Clients can provide Client Data to Quantcast. These companies either directly licence first and third party Audience Segment Data from different sources (such as Online Data and Offline Data) to businesses or provide a platform through which Clients can collect, organise, and activate such data for Quantcast’s use in connection with the Solutions. We share Pseudonymous Identifiers with Data Management Platforms/Data Providers in order to sync/match identifiers to effectively integrate with their services (see Cookie Syncing/Matching).
Device ID/Identifier
A unique string of characters that can be used to identify a device set by the developer of the device’s operating system (e.g., a mobile phone, tablet, TV, or console). Device Identifiers (or “Device IDs”) serve a similar purpose as Cookies and can be used to provide personalised advertising. A Device ID is a Pseudonymous Identifier.
A Mobile Advertising ID (or “MAID”) is a Device ID assigned to a mobile device by the mobile device operating system. Typically, the device user can reset or turn off the ID via the device’s settings. A MAID is referred to as the IDFA (ID for Advertisers) on iOS devices and GAID (Google Ad ID) on Android mobile devices.
Device Configuration/Device Information
Information about a device or its configuration, transmitted from the device, and typically associated with a Pseudonymous Identifier. The information includes browser, app, or other information about the device (such as device type, screen size and resolution, date and time, and language), which also may include a User Agent. Some Device Information is derived from HTTP Request Header Information.
Event Data
Information collected relating to your Online activity/behaviour, which may include Personal Information in Pseudonymous Identifiers, Imprecise/Approximate Location Information, HTTP Request Header Information, Device Information, Browsing Data and TCF Signals. Event Data is generated when a Pixel, Tag, or SDK installed on a Client’s digital property loads and sends information to us. Event Data can also be collected from ads, when you view or click on an ad which contains a Tag.
Exchange/Advertising Exchange
A marketplace platform that facilitates automated, real-time, auction-based buying and selling of ad inventory (which are spaces available on sites and apps to display ads). An Advertising Exchange receives Bid Requests from digital publishers and forwards them to advertisers, or to entities like Quantcast who act on behalf of advertisers. Advertisers, or their agents, respond to Bid Requests with a bid amount and an advertisement to provide to a user if they win the auction.
First Party Cookie
See Cookie.
HTTP Request Header Information
HTTP headers are defined by internet standards and contain a number of data fields designed to facilitate communication and interoperability on the internet. On the web, your web browser controls which headers are sent and what the contents are. We receive the headers when a request is sent over the internet to our system, such as when a Pixel loads in your web browser. We also might receive information that has been derived from the HTTP headers from another party, such as in a Bid Request. We use a subset of the header fields for purposes described in the Privacy Policy, which includes:
- IP Address
- Cookie (if available)
User Agent, which is a string (a line of text) identifying the device type, browser type, and version that the user is using to access the web server (“User Agent”)
- Date, which includes the precise time of access
- Referral URL, which is the web page you were on when the request was sent
- TLS Session ID, which identifies a particular session of communication between the browser and the server
- Content-Language, which is the languages of the intended audience for the enclosed content
Detailed documentation related to HTTP header information can be found online in a general search for “HTTP header information fields”.
IAB Transparency & Consent Framework (“TCF”)
The IAB Transparency & Consent Framework, or “TCF,” is a standardised industry program active in countries governed by the GDPR, and designed for notifying users about data Processing by companies involved in digital advertising on sites and apps that users visit, and for establishing a legal basis for that Processing.
The TCF is designed to be used on digital properties, such as websites and apps. The TCF incorporates a consent dialog that displays when users visit a website or app, giving them information about vendors, the data they collect, and the purposes for which they collect it. It also offers an opportunity for users to give or change their permissions for such data collection and use.
The TCF allows Quantcast to work with publishers of websites and other digital properties in a consistent manner using standardised technical specifications to:
(a) provide a link to Quantcast's Privacy Policy, as well as transparency about Quantcast's Processing of Personal Information, the specific purposes for which Quantcast Processes Personal Information, and Quantcast's legal basis for such Processing, directly on the website or other digital property accessed by the user;
(b) allow the user, in a granular manner, to express their consent or refusal to consent, to Quantcast's (i) use of Cookies, and (ii) the purposes of Quantcast's Processing, which are the reasons why Quantcast Processes the personal data of users (“TCF Purposes”), including where Quantcast relies on the user’s consent for such Processing directly on the website or other digital property that the user is accessing;
(c) allow the user to object to Quantcast's Processing of Personal Information (for purposes where Quantcast relies on legitimate interests) directly on the website or other digital property accessed by the user.
Using the TCF allows publishers of websites or other digital properties to provide information about Quantcast’s Processing to users in a consistent manner. The user-facing disclosures presented by these digital properties are sourced from information that Quantcast has registered with the TCF's “Global Vendor List”, a publicly accessible, machine-readable repository of information about TCF-compliant vendors, like Quantcast. This information includes Quantcast’s Privacy Policy URL, the purposes for which it Processes Personal Information, and its legal basis for each of these purposes. As the description of these purposes and minimum standards for disclosures are standardised across all TCF participants, Quantcast knows how operators of websites or other digital properties using the TCF are making disclosures about Quantcast and can have confidence in such disclosures.
In addition, the TCF enables publishers of websites or other digital properties to create and send to Quantcast a standardised technical signal that indicates (A) whether Quantcast’s transparency disclosures were provided to a user; (B) whether or not the user has consented to Quantcast’s Processing and/or each purpose for which Quantcast sought the user's consent; and (c) whether the user objected to Quantcast’s Processing and/or any purposes for which Quantcast Processes Personal Information on the basis of its legitimate interests (the “TCF Signal”).
TCF Signal is collected via Quantcast Tags if the digital property on which the Tag is implemented has also implemented a TCF-compatible Consent Management Platform, which is a company or organisation that centralises and manages transparency for, and consent and objections of, the user (“CMP”) . In addition, TCF Signal is received by Quantcast as part of the Bid Requests it receives from Advertising Exchanges. Quantcast is able to read the standardised TCF Signal and will only Process Personal Information for purposes to which the user has consented (where consent is the legal basis) or not objected (where legitimate interests is the legal basis) in order to provide the Solutions.
Read more about the TCF here https://iabeurope.eu/transparency-consent-framework/
Imported Data
Imported Data is uploaded to the Quantcast platform or provided to us via an Application Programming Interface (“API”). Imported Data is Pseudonymised Information, which may include information relating to your Online data or Offline data or other information that Clients or partners have about you. For examples of Imported Data provided to Quantcast, see Client Data or Third Party Data.
Imported Data (Client)
See Client Data.
Imported Data (Third Party/Segment)
See Third Party Data.
Imprecise/Approximate Location Information
Typically, in digital advertising we distinguish between precise and imprecise geolocation information.
Precise geolocation usually comes from GPS coordinates from mobile devices, and can have precision up to about one metre. Quantcast does not use precise geolocation data and we request that Clients, partners, and third parties refrain from sending precise geolocation to us. If a party inadvertently sends it, we do not use it in the Solutions and it is removed from our systems within 30 days.
Imprecise geolocation is lower precision, and refers to a general geographic area, for example a country, region, city or division of a metropolitan area, and/or some combination of these, and is often derived from GPS coordinates or from IP Addresses.
Inferences/Inferred Data
Inferences, or Inferred Data, is information that is inferred from data that we have collected about a device, such as Event Data, Bid Request Data, Client Data, or Third Party Data. Our inferences are made using algorithms that estimate the likelihood that the user of a device has particular interests or characteristics. The Inferences are then associated with a Pseudonymous Identifier as part of a set of device Attributes.
For example, if a device frequently visits sports websites, it might be inferred that there is some probability the user of that device likes sports. Similarly, if a device frequently visits an airline provider’s website, it might be inferred that there is some probability a user of that device likes to travel. Other Inferences include things such as Interests, income range, gender, age, marital status, and other socio-economic information.
Inferences associated with any individual device have a high degree of uncertainty. Inferences become more accurate when used to estimate the characteristics of a large group of devices, like an Audience.
Interests
Interests are known, observed, or inferred non-demographic characteristics. Interests are associated with Pseudonymous Identifiers to characterise particular interests of users. Examples of Interests include “cooking” and “outdoor activities”. Interests may be derived from Event Data, Bid Request Data, Client Data, Third Party Data, and Inferences/Inferred Data.
IP Address
An IP (“Internet Protocol”) Address is a unique numerical label corresponding to a computer or device. Computers use IP Addresses to identify each other and know where to send information over the Internet. For example, when you open a web page in your browser a request is made to a server for the web page content. The server knows where to send the content based on the IP Address contained in the request. Computers or other devices are assigned an IP Address from the network the device is on. A device’s IP Address may change over time or as a device changes locations. Also, an IP Address can refer to multiple devices, for example if the devices are behind an internet router.
An IP Address that has been hashed, or encoded using a cryptographic hashing function to obfuscate the email, is treated as a Pseudonymous Identifier.
Labels/Label Data
Labels, or Label Data, are descriptors associated with Pseudonymous Identifiers to denote particular groups of users that can be subsequently used to index all Pseudonymous Identifiers associated with that label. An analogy would be applying a “label” to messages in an email inbox - you might decide to label messages from work as “Work”, family members as “Family,” and so on. These labels then help you readily index and recall particular categories of email.
Labels processed by Quantcast are:
- Labels from Data Management Platforms and Data Providers : these are category Labels (e.g., male, female, age 21-24) acquired from third party data partners relating to a Pseudonymous Identifier;
- Custom-Client Data Labels: these are custom category labels set by Clients corresponding to a device associated with the identifier visiting their digital property (e.g., byline of the news article accessed by the user) or product name (of the product accessed by the user).
- Inferred Data Labels: these are inferred category Labels about a user using a device associated with a Pseudonymous Identifier, e.g., inferred age, inferred gender, inferred interest.
Example Labels are “male” and “visited XYZ website”. Labels may be inferred information (see Inferences/Inferred Data) or may be Imported Data (see Client Data and Third Party Data).
Log Data
Log Data is an industry term that is generally used to refer to data collected from interactions with computer systems, and is used differently by different companies. For purposes of describing our Processing, we use more precise terms, such as Pseudonymous Identifiers, Event Data, Bid Request Data, Client Data, Third Party Data, and/or Inferences/Inferred Data, which are all types of data that can be subsumed within the general industry term “Log Data”. Some elements within Log Data, when isolated from the Pseudonymous Identifiers, will not qualify as Personal Information. For example, a single time zone and publisher URL without an associated Pseudonymous Identifier would not qualify as Personal Information.
Online Data
Data relating to a user’s interaction with digital media including websites, apps and streaming media services.
Offline Data
Data relating to a user’s real-world purchases and/or activity.
Panel
A Panel is a set of individuals who have consented to participate in market research and share information about themselves, their preferences and interests for purposes of research and market analytics.
This information can then be used as the basis for learning or making inferences about a larger population. For example, if a number of people on a Panel share that they visit a particular news website, and of those people, most of them are male and over the age of 50, we might extrapolate from that and say that most of the audience for that website is male and over 50.
Another way to use Panel data is to compare Panel results to the estimates that we have made using our algorithms in order to score the effectiveness of our algorithms. So, if our algorithm predicted for the same news website that most of the audience is under 30, we would learn that our algorithm might be wrong.
Personal Information
Personal Information refers to information that identifies, relates to, describes, is capable of being associated with, or could reasonably be linked, directly or indirectly, to you, your browser, or your device. We use the term “personal information” to refer to information that is subject to protection under data protection and privacy laws and regulatory regimes around the world. Depending on the jurisdiction, such information may be referred to as “personal data.”
The Personal Information Processed by Quantcast is limited to Pseudonymised Identifiers. Quantcast does not Process Personal Information that directly identifies you as an individual, and that can be used to directly identify you without technical efforts to add additional information, which Quantcast does not have.
Pixels, Tags, and SDKs
Pixels, Tags, and SDKs are computer code embedded in a website that we use to enable the Solutions. We tend to use the terms Pixels, Tags, and SDKs interchangeably. Clients that use the Solutions can put them on their sites, in their apps, or in their ads in order to send us information that is then used in the Solutions. When a Pixel, Tag, or SDK loads and calls our servers, we receive HTTP Header Information, along with other information that is configured by the Client who is using the Solutions. That information includes IDs from partners, so we know which partner the data is coming from.
Pixels, Tags, and SDKs include:
- Sync Pixels: These are used to exchange and match Pseudonymous Identifiers between companies that participate in the digital advertising market. By matching, they can synchronise these identifiers to deliver and measure ads.
- Tags or Pixels in ads: When a digital ad loads on a page, it can include a Tag or Pixel that we use on behalf of Clients to gather information about where and when the ad was served. This can help to measure ad performance, to ensure ads are shown where intended, and to learn in order to improve ad effectiveness.
- Tags or Pixels on publisher Clients’ web pages: For publisher Clients that use the Solutions, they can put our Tags on their sites. The information we collect then enables the Client to learn about their audience, and it enables us to build models for better targeting ads.
- Tags or Pixels used by advertiser Clients: When advertiser Clients use our Tags or Pixels, they send us information so we can learn about their customers in order to help them better target their ads.
- SDKs: SDKs are bits of computer code that mobile app publisher Clients incorporate into their apps, enabling them to send us information. Similar to Pixels or Tags, the information enables us to offer the Solutions as described in our Privacy Policy.
Probabilistic Identifier
A Probabilistic Identifier is a Pseudonymous Identifier which we create by combining Pseudonymous Identifiers (such as IP Addresses) with Bid Request Data and/or Event Data using non-deterministic, statistical methods to estimate the likelihood that a group of devices may be used by the same user or household, if applicable law or rules allow. For example, we might be able to determine that because a mobile phone and a TV are on the same network, they are likely in the same house. We can then use that information to select and measure ads. Unlike using Cookie IDs, this approach is not 100% accurate and could identify one or many devices.
Process
Refers to any operation or set of operations performed upon Personal Information or sets of Personal Information, whether or not by automated means, such as collection, recording, organisation, structuring, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, restriction, erasure, or destruction.
Pseudonymous Identifiers
Pseudonymous Identifiers are unique values that distinguish your browser profile(s) or device(s). Pseudonymous Identifiers cannot be linked to you as an individual without technical efforts to add additional information, which Quantcast does not have. We do not attempt to link Pseudonymous Identifiers to you as an individual, and we prohibit other parties with whom we share Pseudonymous Identifiers from doing the same.
Pseudonymous Identifiers are important in digital advertising because they help distinguish browsers or devices over time across different contexts. This is useful for example, to limit the number of times that we show the same ad to one device, to measure the performance of ads, and to target and select personalised ads.
We may incorporate any one of the following types of information in a Quantcast Pseudonymous Identifier:
- Third Party Cookie ID: see Cookie ID.
- First Party Cookie ID: see Cookie ID.
- IP Addresses.
- Hashed email addresses, which are email addresses that have been encoded using a cryptographic hashing function to obfuscate the email.
- Device ID.
- Application ID: an ID that is unique to your mobile device and a particular app on your device.
- Application Session ID: like an application ID, except that it is reset periodically (e.g., many browsers reset these after 30 minutes of inactivity).
- Exchange User ID: an ID that is sent to us with a Bid Request that identifies the device or browser where an ad is to be shown.
- Probabilistic Identifier.
- Publisher User ID: digital publishers that use the Solutions can send us an ID to use in the Solutions. The digital publisher hashes or encrypts an identifier available to it. The resulting ID is pseudonymous because it does not directly identify you, but it would be consistent across different publishers, so the Publisher User ID can be used to match data.
- TLS Session ID: when you visit a website URL that starts with “https” instead of “http”, that means you have an encrypted connection between your browser and the site. If one of our Pixels, Tags or SDKs loads on the site, that call to our server will also be encrypted. The Session ID identifies a particular session of communication between the browser and the server.
Pseudonymous/Pseudonymised Information
Pseudonymised Information is Personal Information that has been Processed in such a manner that the information can no longer be attributed to a specific user without the use of additional information, provided that such additional information is kept separately and is subject to technical and organisational measures to ensure that the personal information is not attributed to a specific user.
Segment Data
Segment Data is imported data that is uploaded to the Quantcast platform or provided to us via an API by Clients or Third Party Data Partners. Segment Data is Pseudonymised Information, which may include Online Data and/or Offline Data as well as Attributes, Inferences, or Interests inferred from that data. This category of information is typically called “Segment Data” because it identifies groups of users who fall into advertising segments (e.g., “auto buyers,” “shoe shoppers,” or “women 25-35”). These segments represent groups of users that share (or that are inferred to share) one or more certain characteristics in common (e.g., a client may want to advertise to a segment of “male shoppers who are interested in sports fashion”). These groupings are created by using the intersection of different segments (in the example given, an audience that is simultaneously in the “male”, “shopper”, and “sports fashion” segments). A segment may be identified with a Label (in which case it is referred to as “Label Data”).
Software Development Kit (SDK)
Tag
TCF
See IAB Transparency & Consent Framework.
TCF Purpose/TCF Special Purpose
The TCF has standardised certain Purposes, Special Purposes and Special Features and the descriptions of data processing activity in the digital advertising industry. Through this standardisation, the digital advertising industry can ascribe consistent meanings for the permissions that data subjects give via the TCF. This also ensures a consistent experience for users because they then do not have to read and understand an entirely different set of Purposes, Special Purposes and Special Features for each website they visit.
Because of the benefits of standardising the purposes across the industry, we use the TCF to establish the legal basis to Process Personal Information and use the Purposes, Special Purposes and Special Features in our Privacy Policy to describe much of our data processing activity.
For detailed descriptions of TCF “Purpose” or TCF “Special Purpose”, see IAB Transparency & Consent Framework.
Third Party Cookie/Cookie ID
See Cookie.
Third Party Data
Third Party Data is Imported Data that is uploaded to the Quantcast platform or provided to us via API by third party Data Management Platforms and Data Providers. Third Party Data may include Segment Data.
Training Data
Training Data is Pseudonymous Information that we receive from Clients and third party data providers, where the actual Attributes or Interests of the underlying users are known (even though their actual identities are not known to Quantcast). The Training Data is segmented across various Interests and Attributes, such as shopping interests (e.g., automotive, technology, or restaurants), business and occupation (e.g., management, IT professional or retail), media interests (e.g., cinema, video games, TV), income range, age, marital status, and other socio-economic information and used for data modeling purposes. We use the Training Data to train statistical models to make Inferences. When our systems subsequently receive Event Data relating to a user, we can infer whether the Event Data displays characteristics similar to the Training Data. If the Event Data displays characteristics that are similar to the Training Data, we can infer from that the likely Attributes and Interests of the user to whom the Event Data relates. These Inferences are then used to deliver advertising and provide aggregated, analytical reporting to our Clients.
URL (Uniform Resource Locator)
A URL, also known as a web address, is a reference to a unique web resource that specifies its location on a computer network. Most commonly, a URL points to a web page. URLs can also point to a document, image, video, etc. URLs often use plain text, such as www.quantcast.com; in that case, the domain name must be processed by a Domain Name Server in order to convert the domain name into an IP Address.
Privacy Implementation for Quantcast Publisher Partners
Effective August 29, 2023
DownloadTable of Contents
Last Update: May 16, 2023
This Privacy Implementation for Quantcast Publisher Partners is for Quantcast publisher partners and clients (“publishers”) who include Quantcast code, such as pixels or tags, on their websites for Quantcast Measure or the Quantcast QID Module in Prebid. It documents certain privacy-related responsibilities for publishers, which are in addition to the US Data Privacy Addendum (the “DPA”). If there is any conflict between this document and the DPA, the DPA is the controlling document.
Privacy regulation around the world is dynamic. Quantcast may update this document from time to time at its own discretion in order to keep pace with changes in privacy rules and risks, and industry best practices, as well as to ensure users’ rights are honored appropriately.
Quantcast may take reasonable measures to ensure that data processed in its services is collected and processed in accordance with privacy rules and industry best practices. We may review locations where data is collected and may refuse to accept data that is not collected in a manner consistent with the approaches described in this document.
This document does not contain legal advice, and adherence to this document does not ensure legal compliance. Publishers must ensure for themselves that they operate in a legal manner, based on their particular circumstances. In the event of any conflict between this document and applicable laws or regulations, the laws or regulations should prevail.
Terminology
This document uses “user” or “users” as interchangeable with “data subject” or “consumer” or other equivalent terms from various rules.
When we say rules, we mean laws, regulations, and industry self-regulatory codes that are applicable to the processing of personal data in relation to Quantcast’s services. Quantcast has a global footprint, including operations in the EU, the UK, and the US (including California), so those jurisdictions’ rules are applicable to Quantcast for data about users who reside in those jurisdictions.
We also will use “personal data” as interchangeable with terms such as, “personal information.” Personal data processed by Quantcast’s service is pseudonymous, including but not limited to IP address, cookie or device IDs, and other identifiers used for advertising-related purposes. In the case where a publisher has express permission from Quantcast to use email address, phone number, or other directly identifying information, such information will be pseudonymized (usually hashed or encrypted,) according to Quantcast specifications, before transmitting to Quantcast.
Industry standards and self-regulatory programs
Quantcast supports and participates in industry self-regulatory programs, and generally implements industry standards and best practices when it comes to handling personal data. Publishers are responsible for ensuring their own implementation of self-regulatory rules and industry best practices, in particular related to providing transparency and choice to users in places where data is collected or used by Quantcast’s services.
Controller, processor, service provider, vendor, etc.
Unfortunately, terms used across jurisdictions that describe the relationships between parties sharing data are not interchangeable. Quantcast determines its role based on applicable law and the facts of its processing of personal data.
Where the EU GDPR or the UK GDPR applies, Quantcast is a “controller” of personal data collected using Quantcast tags and pixels dropped on your sites. This document, together with the Quantcast agreement under which you access our services, addresses our respective GDPR compliance responsibilities. Where US state privacy law applies, Quantcast acts as a “third party” unless agreed otherwise.
Notice/Transparency and Choice
Laws, self-regulatory rules, and industry best practice require users be notified about processing of personal data, and be offered a choice – either opt in or opt out — with respect to that processing.
When deploying Quantcast tags or pixels, including Quantcast Measure tags and the QID prebid module, publishers are responsible to make sure that users are given notice and choice that is required for Quantcast to be able to collect and process the data. And, of course, publishers have to make sure of notice and choice for their own collection and processing of personal data.
At minimum, and further subject to any other applicable laws or rules, notice must include the fact that third parties are collecting and processing users’ data, along with information about the data collected, the means of collection, the purposes for processing (including interest-based advertising and advertising measurement), and how users can exercise their choices. Laws or rules in some jurisdictions, including the EU and the UK, would require that Quantcast be specifically identified in the notice, and a link to Quantcast’s privacy policy be included.
Quantcast’s methods of collection include, depending on particular circumstances, cookies, pixels, JavaScript tags, probabilistic device matching, and cross-device matching (using passively collected data). The data Quantcast collects includes information about users’ visits to sites, such as IP address, device information, timestamp, referrer URL, etc.
Quantcast implements choice using industry standard methods, and will be responsible for honoring that choice with respect to personal data within Quantcast’s services.
For their part, publishers need to provide access to the choice using industry standard and legally compliant methods, depending on the applicable laws and rules. Publishers should, at minimum, and subject to any additional legal requirements provide a link to the geographically relevant industry opt-out page, including but not limited to YourAdChoices and the NAI in the US, Your Online Choices in Europe, and Your Ad Choices in Canada.
In all cases, publishers should have user-facing privacy policies that are prominently linked from their homepages and from content (sites, apps, etc.) where personal data are collected or used.
Privacy policies will adhere to applicable laws, as well as industry self-regulatory requirements and industry best practices. At minimum, policies should disclose the fact that third parties are collecting personal data for advertising-related purposes, and should describe the methods of collection, as described above. Particular circumstances and applicable rules may create additional requirements.
Where consent (opt-in) is required prior to setting cookies or collecting data, such as in Europe under ePrivacy, the GDPR, and the UK GDPR, publishers are responsible to make sure that tags or pixels don’t fire until that consent is obtained. Publishers must not send to Quantcast, or enable Quantcast to collect, personal data without having established required permissions, and certainly not if the user has explicitly opted out.
EU and the UK: The industry standard means for ensuring notice and choice for vendors like Quantcast in the EU and the UK is the IAB Transparency and Consent Framework. Quantcast is vendor ID 11. Quantcast’s required purposes and associated legal bases are viewable in the Global Vendor List. Because Quantcast is subject to European law, the TCF should be used for all users in the EU or the UK, even if the publisher has no operations in Europe. Alternatively, such publishers may elect not to introduce data about EU or UK users into Quantcast’s services. Quantcast Choice is a leading, and TCF compliant, Consent Management Platform. Proper use of Quantcast Choice will meet these TCF requirements.
Publishers not using the TCF for EU or UK users may, only with Quantcast’s express written permission, use a legally compliant alternative means to ensure Quantcast’s legal basis for using cookies, where applicable, and for processing the data. This includes that Quantcast must be identified as a controller of the user’s personal data, and a link to Quantcast’s privacy policy must be provided. Quantcast may in the future require TCF. In any case, publishers should not allow data to be collected by, or transmitted to, Quantcast on their sites without user consent, and must be able to provide proof of consent to Quantcast, upon request.
Privacy policies in the EU and the UK need to include a link to the European Interactive Digital Advertising Alliance (EDAA) opt-out page, located at youronlinechoices.com.
US: In the US, along with other requirements laid out here, privacy policies need to include links to an industry standard opt out page, like those offered by the NAI or DAA.
California: The CCPA applies for users in California. Publishers need to provide users with notice of their “sale” and “share” opt-out rights and the ability to exercise such rights, as applicable. Unless agreed otherwise with Quantcast, Quantcast acts as a “third-party,” as defined under the CCPA, with respect to personal data it collects or receives from publishers’ sites. Quantcast will check the US Privacy String, as specified by the IAB.
Other US states: Applicable state privacy law applies for users in Colorado, Connecticut, Utah, Virginia and elsewhere. Publishers need to provide users with notice of their “sale” and “targeted advertising” opt-out rights and the ability to exercise such rights, as applicable.
US State Privacy Addendum: The processing of US users’ personal data in connection with Quantcast’s services shall be governed by the US Data Privacy Addendum, which is available here.
Access and Deletion
Under applicable law, including the EU GDPR, the UK GDPR, and the US state privacy laws, when acting as a controller or third party, Quantcast will be responsible for honoring users’ access and deletion requests with respect to their personal data that is within Quantcast’s services.
Other Matters
Sensitive data. Because Quantcast’s services are not intended for processing data regarded as “sensitive” or “special category data” under applicable law or data about children under the age of 16, publishers must not transmit to Quantcast or cause Quantcast to collect any such data. Quantcast tags and pixels may not be deployed on content that is directed at children under the age of 16. Sensitive or special category data includes the types of data listed in Article 9 of the EU GDPR, Section 1798.140 of the CCPA (as amended by the CPRA), or any equivalent term under applicable law.
Directly identifying personal data. Quantcast’s services are not designed to process directly identifying personal data, such as names or email addresses, and publishers may not send such information to Quantcast or cause Quantcast to collect it. If a publisher has express permission from Quantcast to use email address, phone number, or other directly identifying information, such information will be pseudonymized (usually hashed or encrypted,) according to Quantcast specifications, before transmitting to Quantcast.
Reidentification. Under no circumstances will publishers use any information collected or generated by Quantcast’s services to identify an individual user.
Privacy Implementation for Quantcast Advertiser Partners
Effective August 29, 2023
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Last Update: May 16, 2023
This Privacy Implementation for Quantcast Advertiser Partners documents certain privacy-related responsibilities for advertisers and agencies, which are in addition to the US State Data Privacy Addendum and the EEA/UK/Swiss Data Privacy Addendum (collectively, the “DPAs”). If there is any conflict between this document and the DPAs, the DPAs are the controlling documents.
Privacy regulation around the world is dynamic. Quantcast may update this document from time to time at its own discretion in order to keep pace with changes in privacy rules and risks, and industry best practices, as well as to ensure users’ rights are honored appropriately.
Quantcast may take reasonable measures to ensure that data processed in its services is collected and processed in accordance with privacy rules and industry best practices. We may review locations where data is collected and may refuse to accept data that is not collected in a manner consistent with the approaches described in this document.
Terminology
This document uses “user” or “users” as interchangeable with “data subject” or “consumer” or other equivalent terms from various rules.
When we say rules, we mean laws, regulations, and industry self-regulatory codes that are applicable to the processing of personal data in relation to Quantcast’s services. Quantcast has a global footprint, including operations in the EU, the UK, and the US (including California), so those jurisdictions’ rules are applicable to Quantcast for data about users who reside in those jurisdictions.
We also will use “personal data” as interchangeable with terms such as, “personal information.” Personal data processed by Quantcast’s service is pseudonymous, including but not limited to IP address, cookie or device IDs, and other identifiers used for advertising-related purposes. In the case where a partner has express permission from Quantcast to use email address, phone number, or other directly identifying information, such information will be pseudonymized (usually hashed or encrypted,) according to Quantcast specifications, before transmitting to Quantcast.
Industry standards and self-regulatory programs
Quantcast supports and participates in industry self-regulatory programs, and generally implements industry standards and best practices when it comes to handling personal data. Partners and clients are responsible for ensuring their own implementation of self-regulatory rules and industry best practices, in particular related to providing transparency and choice to users in places where data is collected or used by Quantcast’s services.
Controller, processor, service provider, vendor, etc.
Unfortunately, terms describing the relationships between parties sharing data are not interchangeable. Quantcast determines its role based on applicable law and the facts of its processing of personal data. In many relationships with advertiser partners or clients, Quantcast is a controller or joint controller, because of the role that Quantcast plays in defining exactly how data is used. This does not mean Quantcast has unfettered rights to use this data; rather, Quantcast’s use of the data is usually restricted by contractual limitations. If you have questions about this, please consult your agreement or ask your account representative.
Advertisers: Where the EU GDPR or the UK GDPR applies, Quantcast is a joint controller of personal data collected using Quantcast tags and pixels and of other personal data introduced into Quantcast’s services by the advertiser. Where US state privacy law applies, Quantcast acts as a “third party.”
Notice/Transparency and Choice
Laws, self-regulatory rules, and industry best practice require users be notified about processing of personal data, and be offered a choice – either opt in or opt out — with respect to that processing.
When deploying Quantcast tags or pixels, or otherwise introducing data into Quantcast’s services, partners and clients are responsible to make sure that users are given notice and choice that is required for Quantcast to be able to collect and process the data. And, of course, partners and clients have to make sure of notice and choice for their own personal data collection and processing.
Generally, notice must include the fact that third parties are collecting and processing users’ data, along with information about the data collected, the means of collection, the purposes for processing (including interest-based advertising), and how users can exercise their choices. Laws or rules in some jurisdictions would require that Quantcast be specifically identified in the notice and a link to Quantcast’s privacy policy be included.
Quantcast’s methods of collection include, depending on particular circumstances, cookies, pixels, JavaScript tags, probabilistic device matching and cross-device matching (using passively collected data).
Quantcast implements choice using industry standard methods and will be responsible for honoring that choice with respect to personal data within Quantcast’s services.
For their part, partners and clients need to provide access to the choice using industry standard and legally compliant methods, depending on the applicable laws and rules. Usually this means providing access to choose within other privacy disclosures, including in a privacy policy.
In all cases, partners and clients should have user-facing privacy policies that are prominently linked from their homepages and from content (sites, apps, etc.) where personal data are collected or used.
Privacy policies will adhere to applicable laws, as well as industry self-regulatory requirements and industry best practices. At minimum, policies should disclose the fact that third parties are collecting personal data for advertising-related purposes, and should describe the methods of collection, as described above. Particular circumstances and applicable rules may create additional requirements.
Where consent (opt-in) is required prior to setting cookies or collecting data, such as in Europe under ePrivacy, the GDPR, and the UK GDPR, partners and clients are responsible to make sure that tags or pixels don’t fire until that consent is obtained.
EU and the UK: The industry standard means for ensuring notice and choice for vendors like Quantcast in the EU and the UK is the IAB Europe Transparency and Consent Framework. Quantcast is vendor ID 11. Quantcast’s required purposes and associated legal bases are viewable in the Global Vendor List. Because Quantcast is subject to European law, the TCF should be used for all users in the EU or the UK, even if the client or partner has no operations in Europe. Alternatively, such partners and clients may elect not to introduce data about EU or UK users into Quantcast’s services. Quantcast Choice is a leading, and TCF compliant, Consent Management Platform. Proper use of Quantcast Choice will meet these requirements.
Partners and clients not using the TCF for EU or UK users need to use a legally compliant alternative means to ensure Quantcast’s legal basis for using cookies, where applicable, and for processing the data. This includes that Quantcast must be identified as a controller of the user’s personal data, and a link to Quantcast’s privacy policy must be provided. Quantcast may in the future require TCF.
Privacy policies in the EU and the UK need to include a link to the European Interactive Digital Advertising Alliance (EDAA) opt out page, located at youronlinechoices.com.
US: In the US, along with other requirements laid out here, privacy policies need to include links to an industry standard opt out page, like those offered by the NAI or DAA.
California: The CCPA applies for users in California. Partners and clients need to provide users with notice of their “sale” and “share” opt-out rights and the ability to exercise such rights, as applicable.
Other US states: Applicable state privacy law applies for users in Colorado, Connecticut, Utah, and Virginia. Partners and clients need to provide users with notice of their “sale” and “targeted advertising” opt-out rights and the ability to exercise such rights, as applicable.
US State Privacy Addendum: The processing of US users’ personal data in connection with Quantcast’s services shall be governed by the US State Privacy Addendum, which is available here.
Access and Deletion
Under applicable law, including the EU GDPR, the UK GDPR, and the US state privacy laws, as a joint controller or third party, Quantcast will be responsible for providing users access to their personal data that is within Quantcast’s services, and for deleting personal data after it receives (or is notified of) a user’s request.
Other Matters
Sensitive data. Because Quantcast’s services are not intended for processing data regarded as “sensitive” or “special category” under applicable law or data about children under the age of 16, partners and clients must not transmit to Quantcast or cause Quantcast to collect any such data. Quantcast tags and pixels may not be deployed on content that is directed at children under the age of 16. Sensitive or special category data includes the types of data listed in Article 9 of the EU GDPR, Section 1798.140 of the CCPA (as amended by the CPRA), or any equivalent term under applicable law.
Directly identifying personal data. Quantcast’s services are not designed to process directly identifying personal data, such as names or email addresses, and partners and clients may not send such information to Quantcast or cause Quantcast to collect it. If a partner has express permission from Quantcast to use email address, phone number, or other directly identifying information, such information will be pseudonymized (usually hashed or encrypted,) according to Quantcast specifications, before transmitting to Quantcast.
Reidentification. Under no circumstances will publishers use any information collected or generated by Quantcast’s services to identify an individual user.
Laws
Effective September 11, 2023
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Laws that may require us to process your information
As described in our Privacy Policy, we process information when we comply with a legal obligation including, for example, to access, preserve or disclose certain information if there is a valid legal request from a regulator, law enforcement or others. See below the current list of laws which are enforceable in Ireland that give rise to a legal obligation for Quantcast which results in the processing of information. New laws may be enacted, or other obligations may become binding on our processing of your information which may require us to process your information, and we will update this list from time to time.
Civil and Commercial Laws:
Court orders requiring the processing of information can be issued under:
- Regulation (EU) No 1215/2012 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters.
- Council Regulation (EC) No 1206/2001 of 28 May 2001 on cooperation between the courts of the Member States in the taking of evidence in civil or commercial matters.
Criminal Laws:
Search warrants and production orders requiring the processing of information can be issued under:
- Section 10 of the Criminal Justice (Miscellaneous Provisions) Act 1997 as amended by 6(1)(a) of the Criminal Justice Act 2006
- Section 7 of the Child Trafficking and Pornography Act 1998
- Section 14 of the Criminal Assets Bureau Act 1996
- Section 63 Criminal Justice Act 1994, as amended
- Section 15 of the Criminal Justice Act 2011
- Section 7 Criminal Justice (Offences Relating to Information Systems) Act 2017
- Section 48(2) and Section 52 of the Criminal Justice (Theft and Fraud Offences) Act 2001
- Section 74 and Section 75 of the Criminal Law (Mutual Assistance) Act 2008
- Section 96 of the Garda Síochána Act 2005
- Section 51(6)(b) of the International Criminal Court Act 2006
- Section 26 of the Misuse of Drugs Act 1977, as amended
- Section 29 of the Offences Against the State Act 1939
- Section 16 of the Official Secrets Act 1963
- Section 25 of the Prevention of Corruption (Amendment) Act 2001
Consumer Laws:
Regulatory requests requiring the processing of information can be issued under:
- Section 11, Section 18 and Section 36 of the Competition and Consumer Protection Act 2014.
Corporate and Taxation Laws:
Regulatory requests requiring the processing of information can be issued under:
- Section 787 of the Companies Act 2014.
Regulatory:
Regulatory requests requiring the processing of information can be issued under:
- Chapters IV and VI of General Data Protection Regulation, Part 6 of the Data Protection Act 2018.
Website Terms of Use
Effective September 11, 2023
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This Terms of Use Agreement (this “Agreement”) describes the terms and conditions on which Quantcast offers you access to the website located at www.quantcast.com(“Quantcast Site”), and to the Internet ratings service provided by Quantcast through the Quantcast Site (“Services”). You should read these terms carefully, since they apply to you if you decide to access the Quantcast Site, whether as a registered user (“Registered User”) or as a non-registered user just browsing the Quantcast Site (“Quantcast Visitor”). These terms are important and we have done our best to make them readable. If you are a Quantcast Measure Client, the terms and conditions of your “Quantcast Measure and Q for Publishers – Terms of Service Agreement,” or “Quantcast Advertise – Insertion Order Terms and Conditions,” or “Quantcast Choice – Terms of Service Agreement,” respectively, still apply and nothing herein limits your obligations, or Quantcast’s rights and remedies, under that agreement.
BY COMPLETING THE REGISTRATION PROCESS OR USING THE SERVICES, YOU ARE AGREEING TO BE BOUND BY THIS AGREEMENT. IF YOU DO NOT AGREE WITH IT, YOU SHOULD LEAVE THE QUANTCAST SITE AND DISCONTINUE USE OF THE SERVICES IMMEDIATELY. IF YOU ARE ENTERING INTO THIS AGREEMENT ON BEHALF OF A COMPANY OR OTHER LEGAL ENTITY, YOU REPRESENT THAT YOU HAVE THE AUTHORITY TO BIND SUCH ENTITY TO THESE TERMS AND CONDITIONS, IN WHICH CASE THE TERMS “YOU” OR “YOUR” WILL REFER TO SUCH ENTITY. QUANTCAST MAY MODIFY THIS AGREEMENT FROM TIME TO TIME. FOR QUANTCAST VISITORS, THIS AGREEMENT APPLIES ONLY TO YOUR CURRENT VISIT AND THE FRUITS THEREOF — PLEASE CHECK THIS AGREEMENT AGAIN ON YOUR NEXT VISIT FOR ANY RECENT MATERIAL CHANGES, WHICH WILL BE HIGHLIGHTED. REGISTERED USERS WILL RECEIVE EMAIL NOTICE OF ANY MATERIAL CHANGES AND CONTINUED USE 30 DAYS AFTER NOTIFICATION WILL CONSTITUTE ACCEPTANCE.
1. Description of Services
We make available to you on the Quantcast Site a wide variety of resources, including, but not limited to, technology applications (“Technology”), audience reports of millions of websites and other media properties (“Reports”), as well as additional information, content and tools that we hope may be of interest to you. The Reports and such additional information, content and tools will be collectively referred to in this Agreement as “Quantcast Content”. Unless explicitly stated otherwise, any new features or functionalities made available on the Quantcast Site are subject to this Agreement.
2. Registration
If you want to access or use certain information, content, or tools on the Quantcast Site you may be required to register for a Quantcast account. In registering, you agree to provide accurate, current, and complete information, and to keep it up to date at all times. Please do not choose as a login name an email address that is indecent or offensive, or otherwise violates this Agreement or any applicable laws or regulations.
You are responsible for safeguarding the password that you use to access the Quantcast Site and you agree not to disclose it to any third party. You hereby take responsibility for all actions taken under your account by you or any third parties. You will notify Quantcast immediately of any unauthorized use of your account.
3. Reports
Quantcast hereby grants you a limited, revocable, non-exclusive, non-sublicensable license to use, copy, and distribute the Reports, subject to the following restrictions: (a) you must insert in a clear and conspicuous way in any document incorporating the Reports the following proprietary notice: “Source: Quantcast. www.quantcast.com“; (b) you must not sell or trade the Reports, or charge any amount to make the Reports available to third parties as part of a service; (c) you must not manipulate or modify the Reports to state or suggest different or additional measurement results from those presented by Quantcast, including, but not limited to, information in the Reports or the way such information is presented, (d) you must not aggregate or combine information related to different Quantcast Profiles (for example, by adding together the reach from two different sites instead of presenting the cross-site unduplicated reach measurement provided by Quantcast); (e) you must not quantitatively aggregate or combine information in the Reports with information derived from other sources (but offering a comparison of the information in the Reports with information derived from other sources is permissible); (f) you must not misrepresent your site traffic or usage in connection with the Services; (g) you must not use the information in the Reports in any way that competes with Quantcast, and (h) if you provide the information in the Reports directly to any third party (rather than by having them access the information through the Quantcast Site), you will ensure that each such third party agrees to be bound by and does then in fact comply with the foregoing restrictions. You will not ( i ) use the Services to track or collect personally identifiable information of Internet users, or (ii) provide personally identifiable information of Internet users to Quantcast.
Except as expressly provided under this Section, you will not use, copy, or distribute the Reports, any information in the Reports, or any content on the Quantcast Site.
4. What you must NOT do
You agree to use the Quantcast Site and the Services only in accordance with the terms and conditions of this Agreement, as well as any and all applicable laws and regulations. While using the Services you will not ( i ) engage in any illegal acts or acts which are offensive to others, or (ii) violate any personal or property rights of any third party, including, but not limited to, intellectual property rights. Furthermore, you will not:
(a) Copy, modify, adapt, translate, or otherwise create derivative works of the Services or the Technology, or (except as explicitly permitted herein) the Quantcast Content;
(b) Reverse engineer, de-compile, disassemble, or otherwise attempt to discover any measurement systems used by Quantcast;
(c) Rent, lease, sell, assign, or otherwise transfer rights in or to the Services or the Technology;
(d) Post, transmit, or introduce any device, software, or routine that interferes or attempts to interfere with the operation of the Services or the Technology.
(e) Circumvent, disable, or otherwise interfere with security-related features of Services or the Technology, or features that prevent or restrict use or copying of any Quantcast Content;
(f) Upload, stream, email, or otherwise transmit ( i ) any unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, “pyramid” or similar schemes, or any other form of solicitation or (ii) any viruses or other computer code that could interrupt, destroy, or limit the functionality of the Services or the Technology, infect or damage another user’s computer, or interfere with the access of any other user to the Services or the Technology;
(g) Delete, or in any manner alter, the copyright, trademark, or other proprietary rights notices appearing on the Quantcast Site and any Quantcast Content;
(h) Represent that Quantcast endorses or supports your site or content;
( i ) Obtain any information or materials relating to the Services or the Quantcast Site or through any means not intentionally made available by Quantcast to you, or attempt to gain unauthorized access to the Services or the Quantcast Site, or any technology, computer systems, or networks associated with the Services or the Quantcast Site, or attempt to index, search, or crawl the Services or the Quantcast Site with any automated process or other similar mechanism.
Quantcast may terminate or suspend your Quantcast account and your access at any time without notice including without limitation in response to a suspected violation of any of the foregoing prohibitions.
5. Quantcast Property Rights
The Quantcast Site, the Services, the Technology and the Quantcast Content are protected by copyright, trademark, and other laws of the United States and foreign countries. All right, title, and interest, including, but not limited to, intellectual property rights, in and to the Quantcast Site, the Services, the Technology and the Quantcast Content, are and will remain the exclusive property of Quantcast and its licensors. Except as expressly permitted in this Agreement, you will not reproduce, modify, or prepare derivative works based upon, distribute, license, sell, transfer, publicly display, publicly perform, transmit, or otherwise use the Quantcast Site, the Services, the Technology or the Quantcast Content.
6. User Generated Content and Linked Websites
Quantcast encourages contributions to the Quantcast Site. You may submit service descriptions, comments, postings, advice, and recommendations through the features available on the Quantcast Site (collectively “User Generated Content”). You are solely responsible for any User Generated Content produced or provided by you, and you hereby agree not to provide any information that you know or reasonably should know to be false or materially misleading, libelous, defamatory, obscene, or that invades another person’s privacy, infringes the intellectual property rights of another, or violates any applicable laws or regulations. By providing User Generated Content to Quantcast, you grant Quantcast a perpetual, non-exclusive, royalty free license to use such content in association with the provision of its Services and the Quantcast Site. Quantcast reserves the right, in its sole discretion, to reject, refuse to publish or remove any User Generated Content. Quantcast is not responsible for and does not endorse statements, comments, or other information contained in User Generated Content provided by other users, and any reliance by you on such information will be at your sole risk. User Generated Content provided by you or other users may contain links to other websites. Quantcast does not monitor or verify in any way the content of any websites linked to from the Quantcast Site and is not responsible for the accuracy of such content or for any of the opinions expressed thereon. Inclusion of any linked website on the Quantcast Site does not imply approval or endorsement of the linked website by Quantcast. When you access these third-party sites, you do so at your own risk.
7. Indemnity
You agree to defend (if Quantcast so requests), indemnify, and hold Quantcast, its subsidiaries, and affiliates, and their respective directors, officers, shareholders, and employees, harmless from any expenses, costs, judgments, damages, loss, liability, claim, or demand (including but not limited to any reasonable attorneys’ fees) made by any third party arising out of any breach by you (or a user of your account) of any terms or conditions of this Agreement.
8. Warranty Disclaimer THE SERVICES ARE PROVIDED “AS IS”, WITHOUT WARRANTY OR CONDITION OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, QUANTCAST EXPLICITLY DISCLAIMS ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT, OR NON-INFRINGEMENT. QUANTCAST MAKES NO WARRANTY THAT THE SERVICES, THE QUANTCAST SITE, OR THE QUANTCAST CONTENT WILL (1) MEET YOUR REQUIREMENTS, (2) BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS, OR (3) NOT CAUSE ANY LATENCY OR PROCESSING DELAYS. QUANTCAST IS UNDER NO OBLIGATION TO KEEP THE SITE UP AND RUNNING FOR ANY PERIOD OF TIME. QUANTCAST MAKES NO WARRANTY REGARDING THE QUALITY OF THE SERVICES, THE QUANTCAST SITE, OR THE QUANTCAST CONTENT, OR THE ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS, OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE SERVICES, THE QUANTCAST SITE, OR THE QUANTCAST CONTENT. NO INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM QUANTCAST OR THROUGH THE SERVICES, THE QUANTCAST SITE, OR THE QUANTCAST CONTENT WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. UNDER NO CIRCUMSTANCES WILL QUANTCAST BE RESPONSIBLE FOR ANY LOSS OR DAMAGE, INCLUDING BUT NOT LIMITED TO PERSONAL INJURY OR DEATH, OR LATENCY OR PROCESSING DELAY RESULTING FROM THE USE OF THE SERVICES, THE QUANTCAST SITE, OR THE QUANTCAST CONTENT OR FROM THE CONDUCT OF YOU OR ANY USER OF THE SERVICES, WHETHER OFFLINE OR ONLINE. THE FOREGOING EXCLUSIONS AND DISCLAIMERS ARE AN ESSENTIAL PART OF THIS AGREEMENT AND FORMED A BASIS FOR ENABLING QUANTCAST TO OFFER THE SERVICES TO YOU WITHOUT CHARGE. SOME JURISDICTIONS DO NOT ALLOW EXCLUSION OF CERTAIN WARRANTIES SO THIS DISCLAIMER MAY NOT APPLY TO YOU IN FULL.
9. Suspension and Termination
Unless otherwise terminated as set forth herein, this Agreement will remain in full force and effect while you use the Services. You may terminate this Agreement at any time by contacting us with your complete account information and explicit request to terminate, which emails are handled at Quantcast’s convenience. Quantcast may terminate or suspend your access to the Services or terminate this Agreement at any time, for any reason or no reason, with or without notice, and without any liability to you. Upon termination, all licenses and other rights granted to you under this Agreement will immediately cease. Quantcast will not be liable to you or any third party for termination of this Agreement or any termination or suspension of your use of the Services. Upon any termination or suspension, any information that you have submitted to the Quantcast Site may no longer be accessed by you. Notwithstanding the above, Sections 5, 6, 7, 8, 12 and 13 will survive termination of this Agreement.
10. Modification of the Quantcast Site and Services
Quantcast reserves the right, in its sole discretion, to modify or discontinue the Quantcast Site and Services without notice.
11. Export Laws
The Technology is further subject to United States export controls. No Technology may be downloaded from the Services or otherwise exported or re-exported in violation of U.S. export laws. By downloading or using the Technology, you represent and warrant that such download or use is not in violation of any such law.
12. Limitation of Liability IN NO EVENT WILL QUANTCAST BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOST PROFIT DAMAGES ARISING FROM YOUR USE OF THE SERVICES, EVEN IF QUANTCAST HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THESE LIMITATIONS FORMED A BASIS FOR ENABLING QUANTCAST TO OFFER THE SERVICES TO YOU WITHOUT CHARGE. THIS PARAGRAPH WILL APPLY REGARDLESS OF THE FAILURE OF THE EXCLUSIVE REMEDY PROVIDED IN THE FOLLOWING PARAGRAPH. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, QUANTCAST’S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO ONE HUNDRED DOLLARS ($100.00).
13. Miscellaneous
This Agreement constitutes the entire Agreement between the parties with respect to the use of the Services and supersedes all previous and contemporaneous agreements, proposals and communications, written or oral between Quantcast and you (except for any Quantcast Measure – Terms of Service Agreement to which you may be a party). Any waiver by Quantcast of any violation of any provision of this Agreement will not be deemed to waive any further or future violation of the same or any other provision. If any part or provision of this Agreement is held to be unenforceable for any purpose, including but not limited to public policy grounds, then you and Quantcast agree that the remainder of the Agreement will be fully enforceable as if the unenforceable part or provision never existed. You and Quantcast agree that there are no third party beneficiaries of any promises, obligations or representations made by Quantcast. You may not assign any rights granted to you or delegate any of your duties hereunder and any attempt to do so is void and of no effect. Quantcast may assign its rights and delegate its duties under this Agreement in their entirety in connection with a merger, reorganization, or sale of all, or substantially all, of its assets relating to this Agreement. Nothing in this Agreement will constitute a partnership or joint venture between you and Quantcast. THIS AGREEMENT AND ANY DISPUTE RELATING TO THIS AGREEMENT WILL BE GOVERNED BY THE LAWS OF THE UNITED STATES AND THE LAWS OF THE STATE OF CALIFORNIA, WITHOUT REGARD TO U.S. OR CALIFORNIA CHOICE OF LAW RULES. YOU AND QUANTCAST AGREE AND CONSENT THAT JURISDICTION, PROPER VENUE, AND THE MOST CONVENIENT FORUMS FOR ALL CLAIMS, ACTIONS, AND PROCEEDINGS OF ANY KIND RELATING TO QUANTCAST OR THE MATTERS IN THIS AGREEMENT WILL BE EXCLUSIVELY IN COURTS LOCATED IN SAN FRANCISCO, CALIFORNIA.
14. Notice
All notices or other communications to Quantcast from you will be deemed given when received by prepaid first class mail or courier, hand delivery, facsimile, electronic mail, at the address below:
Quantcast Corp.
795 Folsom Street
San Francisco, CA 94107
Attn: Legal Department
Email: contact@quantcast.com
Quantcast Partners
Effective September 11, 2023
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Last Updated: December 8, 2022
We partner with other companies to help us provide and improve our services and products. Sometimes, it is necessary for us to share information that could be considered to be personal information about you with these partners. (Remember that we don’t share directly identifiable information about consumers, such as your name or address, because we do not collect that type of information, as discussed in our Products and Services Privacy Policy).
Products and Services Partners
Listed below are the partners with whom we share information in the provision of Quantcast’s products and services to our clients. This list identifies those partners, and lists links to their respective privacy policies and opt-out links so that you can learn more about their data collection and usage practices.
We are continually improving and updating our services and our partners will change over time. We will update this page to reflect those changes. Please visit our Products and Services Privacy Policy for more information about Quantcast’s data practices.
Please note that the links in the tables below are provided for your convenience. Each is solely maintained by the respective partner, and are subject to change at such partner’s discretion.
Ad Serving
The companies in this category serve digital advertisements on various digital platforms such as the web, social media, or mobile apps, and issue reports on the performance of advertising campaigns (e.g., the number of users who saw a particular ad, the particular ad type that was served, etc.). We need to use these vendors to deliver and measure the advertising campaigns that we serve. To do this, these vendors collect and use certain identifiers, such as the IP address of the visitor to the digital platform (e.g. to deliver the ad to that visitor’s browser or device) and an identifier specific to the advertisement (so they can identify the ad they need to serve and measure).
Partner | Privacy Policy | Opt-Out Link or Contact |
Advanse, LLC | ||
Google LLC (fka Doubleclick, a division of Google Inc.) | ||
Jivox Corporation |
Ad Verification
These companies provide a technology to ensure that digital advertisements appear on intended sites and reach the targeted audience; examples include measuring the viewability of an ad, brand safety and fraud (e.g., whether a site is safe for the particular advertiser’s brand or whether it is a fraudulent site). We use these vendors in order to better meet the requirements of our clients and deliver more effective advertising. These companies collect and use certain identifiers, such as the IP address of the visitor to the digital platform and an identifier specific to the advertisement (so that they can pass these details to the ad server, if they determine it is appropriate for the ad server to deliver the ad).
Partner | Privacy Policy | Opt-Out Link or Contact |
DoubleVerify, Inc. | ||
Integral Ad Science (IAS) | ||
Rockerbox, Inc. |
Data Management Platforms and Data Providers
These companies either directly license first and third party digital audience segment data from different sources (such as online, offline and mobile) to businesses or provide a platform through which Quantcast clients can collect, organize and activate such data for Quantcast’s use in connection with its advertising or analytics services. We share online identifiers (e.g., cookie IDs) with them in order to sync identifiers to effectively integrate with their services.
Partner | Privacy Policy | Opt-Out Link or Contact |
Adobe Systems Incorporated | ||
Dynata, LLC/Research Now Group, Inc. | ||
LiveRamp, Inc. | ||
Lotame Solutions, Inc. | ||
Neustar Information Services, Inc. | ||
Oracle America, Inc. | ||
Salesforce Audience Studio (formerly Krux Digital LLC) |
Real-Time Bidding Exchanges
These companies provide a platform that facilitates the buying and selling of online ad impressions through real-time auctions. Quantcast participates as a buyer on these platforms in order to deliver an ad to an end user on a webpage or app. We share online identifiers (e.g., cookie ID) with them in order to sync identifiers to effectively integrate with their services.
Partner | Privacy Policy | Opt-Out Link or Contact |
Bidswitch GmbH | ||
Google LLC (fka DoubleClick Ad Exchange, a division of Google Inc.) | ||
EMX Digital, LLC | ||
Index Exchange Inc. | ||
Lijit Networks, Inc. (Sovrn) | ||
LKQD, a division of Nexstar Digital LLC | ||
Magnite, Inc. (fka SpotX, Telaria, Inc. and The Rubicon Project, Inc.) | ||
OpenX Technologies, Inc. | ||
Outbrain Inc. | ||
Publisher First, Inc. (dba Freestar) | ||
PubMatic, Inc. | ||
Sharethrough, Inc. | ||
Smart AdServer | ||
SpotX, Inc. | ||
Taboola, Inc. | ||
Teads France SAS | ||
Triple Lift, Inc. | ||
Unruly Group, Limited | ||
Verizon Media Group (fka Oath Americas, Inc. and YahooAdTech LLC) | ||
Xandr Inc. (fka AppNexus, Inc.) |
Corporate Partners
In addition to the products and services partners listed above, Quantcast also shares information with the partners listed below in the course of its general corporate activities, such as sales, marketing, and general administration, as governed by our Website and Corporate Privacy Policy.
Infrastructure
These are companies who provide cloud-based hosting, storage and processing infrastructure and services to enable Quantcast to provide its services to clients. Quantcast may store any of the data that it collects on its own servers or through these infrastructure partners.
Partner | Privacy Policy | Opt-Out Link or Contact |
Amazon Web Services | ||
Snowflake Computing, Inc. |
Marketing and Customer Research
Quantcast works with companies to collect and analyze online behavior about Quantcast products for market research, customer satisfaction, website feedback and concept testing. To do so, Quantcast includes the tag of these companies on its webpages or other digital applications. By virtue of their tag on the Quantcast site or code in a Quantcast SDK, these vendors collect online identifiers (e.g., cookie identifiers, IP address and device identifiers). Please see their privacy policies for more information about the data they collect via their tags or SDKs.
Partner | Privacy Policy | Opt-Out Link or Contact |
Drift.com, Inc. | ||
Episerver Inc. (t/a Optimizely) | ||
Facebook, Inc. (social plugins) | ||
Flashtalking, Inc. | ||
FullStory, Inc. | ||
Google LLC (Google Analytics and Google Adwords) | ||
Heap, Inc. | ||
Hotjar Ltd. | ||
Marketo, Inc. | ||
Microsoft Corporation (Bing Advertise) | ||
OneClipboard Inc. (dba Splashthat) | ||
Qualtrics, LLC | ||
Zendesk, Inc. | ||
Zoominfo, inc. |
Quantcast Advertise Insertion Order Terms & Conditions
Effective September 11, 2023
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Last Updated: August 25, 2023
j. Additional Company Representation and Warranty.
i. Company represents and warrants that it will comply with all applicable laws and has obtained all necessary licensure for performance hereunder, and that Ads will not infringe or violate any applicable laws, ordinances, rules, codes, or regulations (including, without limitation, any industry-specific ethical, professional, or self-regulatory requirements or guidelines, and Applicable Privacy Laws) or the rights of any third party. If Company is an Agency (as defined in the 4As Terms), Company also represents and warrants that it has the authority to bind its Clients to these IO Terms and each IO, and that all of Company’s actions related to these IO Terms and each IO will be within the scope of such agency.
k. For Placements Priced on a CPA basis.
i. Company agrees to pay Quantcast for the conversions and click-thru conversions as stated within the applicable placement. The conversion is defined as from both click-thru and view-thru conversions.
q. System of Record: Quantcast is the system of record and is solely responsible for calculating and reporting metrics related to inventory purchases, impressions and all amounts owed under these IO Terms.
Effective September 11, 2023 to September 11, 2023
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Last Updated: August 25, 2023
j. Additional Company Representation and Warranty.
i. Company represents and warrants that it will comply with all applicable laws and has obtained all necessary licensure for performance hereunder, and that Ads will not infringe or violate any applicable laws, ordinances, rules, codes, or regulations (including, without limitation, any industry-specific ethical, professional, or self-regulatory requirements or guidelines, and Applicable Privacy Laws) or the rights of any third party. If Company is an Agency (as defined in the 4As Terms), Company also represents and warrants that it has the authority to bind its Clients to these IO Terms and each IO, and that all of Company’s actions related to these IO Terms and each IO will be within the scope of such agency.
k. For Placements Priced on a CPA basis.
i. Company agrees to pay Quantcast for the conversions and click-thru conversions as stated within the applicable placement. The conversion is defined as from both click-thru and view-thru conversions.
q. System of Record: Quantcast is the system of record and is solely responsible for calculating and reporting metrics related to inventory purchases, impressions and all amounts owed under these IO Terms.
Campaign Policy
Effective September 11, 2023
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Campaign Policy
Quantcast requires its Customers, Authorized Users, Clients, and Affiliates (“Clients”) using Quantcast products and/or services, including the Quantcast Platform (also, “Platform”), to comply with the standards and requirements outlined in Quantcast policies, including this Campaign Policy and, for Platform Clients, the Implementation Guide for Restricted Advertising Categories and Restricted Data, available in the Platform Help Center, to configure their campaigns and ad sets to comply with this Policy. In addition to this Campaign Policy, all users must also comply with all applicable laws, rules, ordinances, codes, and regulations, including, without limitation, applicable industry-specific ethical, professional, and/or self-regulatory requirements. In the US, Clients and advertisers must comply with the NAI Code of Conduct in effect at the time of campaign launch. By using Quantcast advertising services or technology, Client agrees to the privacy requirements posted here.
Quantcast reserves the right, in its sole discretion, to (1) review accounts, campaigns, ads, and/or usage of Quantcast products and services, including but not limited to those campaigns planned, launched, and delivered through the Platform for compliance with this Campaign Policy; and (2) suspend, require revisions to, and/or terminate accounts, campaigns, and/or creatives as a result of such review. Where possible, Quantcast will attempt to notify Clients when a violation of the policy occurs. In such cases, Clients may contact their Account Manager for assistance, but remain responsible for all actions initiated using Quantcast products and/or services, whether or not Quantcast was also involved in the selection and/or provision of campaign services and/or strategies.
Note that Quantcast classifies Clients at the Advertiser level into industry categories consistent with the Interactive Advertising Bureau (“IAB”) advertising industry categories. Accounts for advertisers operating in industries that may implicate Restricted Advertising Categories (see below) are subject to periodic review, and campaigns may be held prior to launch.
Prohibited Content and Practices
A given campaign or ad set may implicate one or more Prohibited Content and Practice and/or Restricted Data types: all campaigns and ad sets must comply with all implicated restrictions.
Campaigns that promote and/or contain the following content are prohibited:
- Products, services, or activities that are illegal or of questionable legality, such as sites that sell fake identification cards or academic cheating services;
- Use of Quantcast products or services to discriminate against specific groups of people through affirmative targeting or exclusion; or use of discriminatory content/creatives;
- Use of Quantcast products or services to exploit vulnerable populations;
- Sexually explicit or pornographic content (excluding campaigns for undergarments, adult products, and other products that meet certain restrictions);
- Outside of North America, campaigns for healthcare products and services (excluding personal hygiene, cosmetic, first aid, and wellness products);
- Hate speech, which is defined as abusive or threatening speech or writing that expresses prejudice against a protected class, e.g., race, religion, or sexual orientation; intolerance, discrimination, profanity, or inciting violence;
- False advertising and/or content that is unfair, misleading, deceptive, abusive, or false, through claims, imagery, or suggestion;
- Illegal drugs, recreational drugs, and/or or products that facilitate their use, even in geographies where such substances or products may be legal; content that promotes or glamorizes the consumption of illegal drugs;
- Tobacco, nicotine, and/or products that facilitate their use, including e-cigarettes;
- Personal weapons and ammunition (excluding cooking equipment, kitchen and hunting knives, hunting equipment other than guns, airsoft guns, non-functioning antique and replica guns, decorative swords, paintball guns and accessories, gun ranges, and publications related to guns unless prohibited by law);
- Content that infringes on intellectual property rights of others;
- Content that includes or disseminates malware, spyware, and/or computer viruses; and/or
- Content or advertising that is designed to reach children under 16.
Restricted Data Types
In connection with the use of any Quantcast product or service, where prohibited by applicable law (or where enhanced/heightened consent is required), Clients may not collect, use, or provide to Quantcast personal data revealing a restricted attribute or characteristic (Restricted Characteristics) explicitly, by inference, or otherwise, including in creatives and/or strategies like targeting and/or tagging. Restricted Characteristics are defined by applicable law and include but are not limited to:
- Race or ethnicity/ethnic origin, color, and national origin, including citizenship or immigration status
- Religious and/or philosophical beliefs
- Political opinions or affiliations
- Health or concerning health (including mental health, genetic, and biometric data/information)
- Sexual life and/or sexual orientation
- Marital and/or familial status
- Disability or handicap
- Trade union membership
- Criminal convictions or offenses
Restricted Advertising Categories
Accounts and campaigns in the following categories are subject to periodic review; campaigns may be held prior to launch.
Quantcast permits the use of its products and services for the following categories, which may be updated from time to time at Quantcast’s sole discretion. For the avoidance of doubt, Clients remain responsible for compliance with all laws, regulations, and reasonable industry customs, including but not limited to campaign content and strategy.
In certain geographies, the collection of information about certain user attributes or characteristics, or the inference thereof, is not permitted by law. For all Quantcast Campaigns, Clients are prohibited from targeting audiences, tagging pages, or otherwise using Quantcast products or services in a way that would collect information from users, or would allow inferences about users to be made, relating to attributes or characteristics prohibited by law or self-regulatory codes (see Restricted Data Types). Similarly, Platform clients are prohibited from inputting Interests while creating an audience that could lead to reaching users based on one or several Restricted Characteristic(s).
Alcohol
- Advertising is supported for Alcohol campaigns, including alcohol products such as beer, wine, spirits, non-alcoholic drinks used as mixers, alcohol-related destinations such as vineyards, bars, and distilleries, and to a limited extent, alcohol delivery services, where available and permitted by law. Campaign restrictions vary by geography, and Clients remain responsible for compliance with all laws, regulations, and industry standards, including procuring and maintaining valid licensure, where required.
- Creatives must contain a responsible drinking disclosure as required by laws of the geography where the ads are displayed and/or self-regulatory codes, such as: “Please drink responsibly”; "For legal drinking age: 21+" [or other age as required].
- Where required by law, landing pages must include age self-verification for visitors (age varies by geography).
- Ad delivery must be tailored to a permissible age group. For example, in the United States, site delivery locations must meet a minimum visitor composition of 21+ (other variations by geography). Additionally, some geographies may have display time prohibitions, such as requiring that ad timing avoids placement during, before, or after childrens’ programming.
- Campaigns must not: appeal to minors; include athletes or portray characters who appear under the age of 25; make health, therapeutic, or social status claims (e.g., by claiming to reduce stress levels or improve sex life); and/or depict irresponsible or dangerous consumption or irresponsible activities while drinking (e.g., driving, operating machinery).
Cannabis and Products Related to its Use
- Campaigns for Cannabis and Products related to its use are limited to audiences in Canada. Clients remain responsible for compliance with all applicable regulations.
- Clients must have and maintain licensure where required by law, and make such licensure available to Quantcast upon request.
- Clients must undertake reasonable steps to ensure that the ad cannot be viewed or accessed by young persons;
- Only information or brand preference campaigns are permitted.
- Cannabis and related products ad campaigns must not: contain any direct or implied health, curative, drug, or other therapeutic claims (including claims of physical, mental health benefits or cosmetic benefits); be directed to, attract or appeal to minors (such as with cartoons, child-friendly public figures, showing CBD as toys, marketing CBD as candy, etc.); be by means of a testimonial or endorsement; associate the promotion with an alcoholic beverage, tobacco or vaping product.
Cannabidiol (“CBD”)
- Cannabidiol campaigns are limited to certain geographies within the United States and Canada. Clients remain responsible for compliance with all applicable regulations.
- Clients must have and maintain licensure where required by law, and make such licensure available to Quantcast upon request.
- Some geographies may have display time prohibitions, such as requiring that ad timing avoids placement during, before, or after childrens’ programming.
- For any permitted CBD product campaigns, Clients must confirm: the CBD product is derived solely from hemp and not from cannabis plants; and the CBD has a THC composition below the locally mandated requirement (0.3% or less* in most geographies, but lower elsewhere, e.g., in Idaho, 0%).
- All campaigns related to vaping or vapable CBD are prohibited, including vapable CBD oil, cartridges, and products related to their use (including vaporizers, pens, pipes, etc.). Campaigns for Delta-8 are also prohibited.
- Landing pages for permitted CBD campaigns may not include sale of prohibited products, even if the campaign is promoting a permitted product. For example, a campaign advertising CBD gummy bears with a landing page that also sells smokable CBD cartridges and e-cigarettes is not permitted.
- CBD ad campaigns must not: contain any direct or implied health, curative, drug, or other therapeutic claims (including claims of physical or mental health benefits); or attract or appeal to minors (such as with cartoons, child-friendly public figures, showing CBD as toys, marketing CBD as candy, etc.).
Casinos and Gambling
- Where permitted by law, campaigns for casinos and gambling services are supported, including for sports betting, fantasy sports betting, online casinos, state lotteries, online horse race betting, and brick and mortar casinos.
- Clients must have and maintain licensure where required by law, and make such licensure available to Quantcast upon request.
- Creatives must contain a responsible gambling message, such as: “If you or someone you know has a gambling problem, help is available”; as well as other disclosures as required, for example, providing information about the addictive risks of the advertised games of chance, the prohibition of participation by minors, and the availability of counseling and therapy.
- Landing pages must include age self-verification for visitors (age requirement varies by geography).
- Ad delivery must be generally tailored to a permissible age group (which varies by geography).
- Some geographies and publishers may have display time prohibitions, such as avoiding placement during, before, or after childrens’ programming and/or live sporting events, sexual, religious, and/or political media.
- Campaigns must not: appeal to minors, portray characters who appear under the age of 25; advertise casinos or gambling activities for which the Client is not licensed in each geography in which the ads shall be displayed; target individuals self-identifying as gambling addicts on “self-exclusion lists” or seeking help for gambling addictions; encourage problem gambling, promise to fix problems (social, educational, professional, or personal), or suggest gambling is an alternative to employment; and/or suggest that skill can influence games of chance.
Charitable Organizations
- Advertising campaigns for Charitable Organizations are supported at Quantcast for advocacy campaigns (to create support for specific policies, like legal reform), awareness campaigns (which focus on education about causes to raise support), and fundraising campaigns.
- Campaigns may only be run on behalf of charities that have been formally registered as nonprofit organizations in the geographies within which the Clients wish to run their campaign(s).
- Clients must have and maintain licensure where required by law, and make such licensure available to Quantcast upon request, (such as proof of 501(c)(3) nonprofit status with the IRS in the United States or registration on the Charity Register in the United Kingdom).
Cryptocurrency
- Where permitted by law, cryptocurrency campaigns are supported for Clients with required licensure for cryptocurrencies, cryptocurrency exchanges, and products and services associated with cryptocurrency mining, including facilitating use of computing resources (such as hardware products designed for cryptocurrency mining, cloud-based cryptocurrency mining services, and guides for mining cryptocurrency).
- Clients must have and maintain licensure where required by law, and make such licensure available to Quantcast upon request.
- Campaigns for initial coin offerings and new token sales are prohibited.
Defense Industry
- Advertising for the Defense Industry is permitted in certain circumstances.
- Campaigns must not: depict firearms.
Employment
- Advertising is supported for Employment campaigns, including campaigns for recruiting, hiring, job sites, job fairs and events, and internships.
- Campaigns must not: engage in or have the effect of discrimination of legally-protected class demographics as set forth in applicable civil rights, privacy, or other laws and self-regulatory codes. The prohibition also applies to targeting criteria that may be a proxy for protected classes, sometimes including zip codes. Protected classes vary by geography but generally include:
- Race, color, ethnicity, or national origin;
- Religion and/or political or philosophical belief;
- Sex, gender or gender affiliation/identity, or sexual orientation;
- Marital status and/or familial status;
- Age (provided the applicant has the capacity to contract);
- An applicant’s receipt of income (if derived from any public assistance program);
- An applicant’s exercise, in good faith, of any right under a consumer protection law.
Healthcare Products & Services (North America Only)
- Advertising for certain healthcare products and services is permitted in North America.
- Note that globally, campaigns for first aid, personal hygiene, beauty products, wellness, and over-the-counter products for general consumption are not considered healthcare and are supported, so long as products are not offered as a treatment for any specific condition or diagnosis.
- Example: Band-aids are considered a first-aid product.
- Example: Toothpaste for general consumption is considered personal hygiene, i.e., not for the treatment of gingivitis or other conditions or diagnosis.
- Example: Shampoo for general consumption, i.e., not for the treatment of alopecia, dandruff, or other conditions or diagnosis.
- Example: Beauty creams and serums, i.e., not for the treatment of eczema.
- Example: Tylenol for general household use.
- Where permitted:
- Clients may not provide to Quantcast any Sensitive Personal Information of consumers or users;
- Campaigns must not involve any sensitive health condition (as defined by the NAI Code of Conduct);
- Campaigns must include required disclaimers; adhere to applicable content restrictions (limitations on creatives); adhere to audience targeting requirements and restrictions.
- Clients must have and maintain pre-clearance; authorization and/or licensure where required by law, and make such licensure available to Quantcast upon request.
- Campaigns must not: seek to target audiences based on condition diagnosis, or other Sensitive Personal Information; make false treatment claims; and/or promote products subject to recalls or significant government actions (e.g., OxyContin).
Hunting Equipment
- Advertising for limited hunting equipment is supported unless prohibited by applicable law. Advertising for firearms, even if solely for hunting, is not permitted, regardless of whether permitted by law.
Housing
- Advertising is supported for Housing campaigns, including campaigns selling residential and commercial real estate, purchasing residential and commercial real estate, residential commercial real estate services (agents, transactions, listings), residential real estate mortgage loans (APR < 36%), residential real estate home improvement loans (APR < 36%), residential real estate insurance (homeowners’, renters’), residential and commercial real estate development, retirement and disability housing opportunities, and home improvement services.
- Non-discrimination: campaigns must not engage in or have the effect of discrimination of legally-protected classes. The prohibition extends to targeting criteria that may be a proxy for protected classes, sometimes including zip codes. Protected classes vary by geography but generally include:
- Race, color, ethnicity, or national origin;
- Religion and/or political or philosophical belief;
- Sex, gender, or gender affiliation;
- Marital status and/or familial status;
- Age (provided the applicant has the capacity to contract);
- The applicant’s receipt of income (if derived from any public assistance program);
- The applicant’s exercise, in good faith, of any right under a consumer protection law.
Financial products and services
- Advertising is supported for Financial Services campaigns, including for credit cards (with APR < 36%), personal loans (with terms of at least 90 days and APR < 36%), loans for homes, RVs, and boats (with terms of at least 90 days and APR < 36%), nonprofit debt services (where the Client is an approved nonprofit budget and credit counseling agency or a national nonprofit association representing nonprofit credit counseling agencies), banking, financial planning and annuities, insurance (including car, home, RV, boat, and life), tax planning services, and credit monitoring services (excluding credit repair services).
- Clients must have and maintain licensure where required by law, and make such licensure available to Quantcast upon request.
- Clients must include specific disclosures required by local law.
- Campaigns must not promote: short-term loans with a repayment schedule of less than 90 days; high-interest loans or credit cards (i.e., with an APR of 36% or higher); credit repair services; payday loans or for-profit debt services.
- Non-discrimination: campaigns must not engage in or have the effect of improper discrimination of legally-protected class demographics as set forth in applicable civil rights, privacy, or other laws and self-regulatory codes. The prohibition also applies to targeting criteria that may be a proxy for protected classes, sometimes including zip codes. Protected classes vary by geography but generally include:
- Race, color, ethnicity, or national origin;
- Religion and/or political or philosophical belief;
- Sex, gender, or gender affiliation;
- Marital status and/or familial status;
- Age (provided the applicant has the capacity to contract);
- The applicant’s receipt of income (if derived from any public assistance program)
- The applicant’s exercise, in good faith, of any right under a consumer protection law.
Candidate and Issue Campaigns
- Responsible advertising for Political Campaigns may be permitted in limited circumstances in the United States only on a case-by-case basis.
- Clients must have and maintain licensure where required by law, and make such licensure available.
- Campaign content must include disclosures and disclaimers as required by applicable law, including a “paid for” disclaimer to show the entity or the person responsible for the ad.
- Campaigns must not be funded by or otherwise involve foreign national interference; incite violence; encourage lawlessness or insurrection; include hate speech; constitute the distribution of “fake news”; or discriminate or suggest discrimination based on any protected class characteristics or otherwise.
Restricted Characteristics
- Regardless of the industry or product category, ad sets and creatives that could reveal or reasonably allow making an inference about a Restricted Characteristic of a user who showed an interest in said creative (i.e., clicking the ad) are not permitted.
- Where prohibited by law or self-regulatory code, targeting users based on a known and/or inferred Restricted Characteristic is not permitted.
- Tagging or placing pixels on websites and pages featuring content that could reasonably allow making an inference about the Restricted Characteristic of a visitor is not permitted.
This policy is not and should not be construed as legal advice and solely reflects Quantcast’s policy. Clients of Quantcast products and services must seek independent advice from their own counsel regarding compliance with applicable laws, regulations, codes, and industry standards. Quantcast reserves the right to update, modify, and change these policies at any time, at its sole discretion. For the avoidance of doubt, Clients always remain liable for their campaign content and strategies, and for all activities they undertake with the use of Quantcast’s products and/or services.
Quantcast Website and Corporate Privacy Policy
Effective September 11, 2023
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- When you visit our website(s) we collect information about your visit, including IP address, cookie or other identifiers, geolocation, your browsing history and other activity on the site, and how you got to our site.
- We collect your contact information when you provide it to us, including name, email address, address, phone, and any other information you provide.
- If you are a client or partner we may receive your business contact information from you or your employer as part of the business relationship.
- We may collect information from marketing or other informational emails that we send you, using cookies and/or pixels to measure, for example, open rates.
- We collect information for recruiting and business-to-business marketing from third-party sources where it is made available for these purposes, including social media sites like LinkedIn or marketing lead lists.
- When you apply for a job at Quantcast we might collect a variety of personal information about you, your qualifications and experience, and your eligibility to work for us, including information like degrees, licenses and certifications, references, and more.
- We may match information across different sources in order to advance the purposes described in this policy, including that we may match information like your email to information about your activity on our website.
- We may work with partners who collect information from our website(s) or other sources, for the purposes described here.
- We use website activity to better understand and improve the usability and effectiveness of our site and for fraud or crime prevention or debugging.
- We also use website activity to enhance our marketing to existing and potential customers, including by matching it with other personal information to improve our marketing.
- We and partners we work with may collect information from your visits to our website or from other information we have collected from or about you for marketing and advertising purposes, and we may use automated processes to make inferences about you in order to make our marketing more relevant and effective.
- We use information about you to respond to queries and requests, and if you are a customer, send you administrative emails and product updates.
- We or our vendors may use information for event planning and management, recruiting, marketing and advertising.
- We use information for recruiting and hiring purposes, such as to find, contact, and evaluate potential employees, or to respond to your applications for employment; however, this policy does not cover personal information in the context of current or former employment relationships.
- We may use information as reasonably needed to protect our business interests or as required by law.
- We may use information for other corporate administrative functions consistent with the purposes above.
- We may use and disclose information about you to government or law enforcement officials or private parties as we believe necessary: (i) to comply with any applicable laws, regulations, and valid subpoenas, warrants, and court orders; (ii) to protect the rights, property, and safety of ourselves, third parties, or the public in general; and (iii) to prevent or stop activity we consider to be illegal, harmful, or unethical.
- We may sell, transfer, or otherwise share some or all of our assets, including information we collect about you, in connection with a merger, acquisition, reorganization, or sale of assets or in the event of bankruptcy. We may also make certain information available to a potential investor or purchaser (and their advisers) in advance of any such transaction completion.
- If you are a customer, we may share the information as needed to provide and operate our products and services.
- We may share information among our affiliated companies.
- We share information with vendors, service providers, and partners for the purposes described in this policy, including that we may share information with partners who help us advertise our products and services on other websites, apps, or other locations.
- We may share information with other third parties at your request or with your permission, or when we believe in good faith that disclosure is necessary to protect our rights, protect your safety or the safety of others, investigate fraud, or to any other third party with your prior consent to do so.
- We do not sell the personal information described in this policy, as that term (sell) is defined by the California Consumer Protection Act.
- As business records reasonably retained in the normal course of business;
- To respond to any questions, complaints or claims that may be made by you or on your behalf; or
- To keep records required by law.
If you are a resident of the EEA, you also have the right to lodge a complaint against us with our lead supervisory authority, the Irish Data Protection Commission, or your local supervisory authority in the country in which you reside.
Quantcast Products and Services Privacy Policy
Effective September 11, 2023
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Products and Services Privacy Policy
Who we are and what we do
Scope of this Privacy Policy
- Quantcast’s privacy management products, which include our TCF consent management platform (“CMP”), Quantcast Choice. For more information about Quantcast Choice, please click here.
- Personal Information collected from our website, www.quantcast.com, except to the extent that we use our own Solutions on our website. It also does not pertain to the collection and use of Personal Information in connection with our corporate functions, such as marketing, recruiting, people management, business-to-business communications, and so forth. For our privacy policy relating to our website and our corporate functions, please click here.
- Any third parties’ handling of Personal Information, unless explicitly stated otherwise. We encourage you to review the privacy policies of any other companies that you engage or interact with to understand their information handling and privacy practices.
Self-regulatory standards
- We are members in good standing of the Network Advertising Initiative (NAI) and adhere to the NAI 2020 Code of Conduct.
- We participate in the Digital Advertising Alliance (DAA) and adhere to the DAA Self-Regulatory Principles.
- We participate in the European Interactive Digital Advertising Alliance (EDAA) and are certified under the EDAA Principles.
- We participate in, and comply with, the policies and technical specifications of the TCF, as a vendor. Quantcast’s IAB Europe-assigned identification numbers are CMP ID #10 (Quantcast Choice) and Vendor ID #11.
Information collection
Category and Description of Personal Information | Source of Personal Information | Purpose for Processing (including where relevant the TCF Purpose) and Retention Period | ||||||||||||||||||||||||||||
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Pseudonymous Identifiers: unique values that distinguish your browser profile(s) or device(s). Examples include a Cookie ID, device IP Address or other Device Identifiers or Device Configuration/ Information. | Usually generated when Pixels, Tags, or SDKs are loaded by a Client on its digital property (i.e., website, mobile app, or device) and sends information to us. Different kinds of Pixels, Tags, or SDKs are used for different purposes, but the types of information generated are the same. Such information may also be received through a server- to- server connection, such as when receiving a Bid Request. |
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Imprecise/Approximate Location Information: The time zone and approximate geolocation (e.g., postal code or city) of your device. | Inferred or derived by Quantcast from your device’s IP Address or included in Bid Requests. |
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Event Data: Information relating to your Online Data, which may include Pseudonymous Identifiers, Imprecise/Approximate Location Information, HTTP Request Header Information, Device Information, and Browsing Data. | Generated when Pixels, Tags or SDKs, installed by a Client on its digital property, loads and sends information to us. Different kinds of Pixels, Tags or SDKs are used for different purposes, but the types of information generated are the same. |
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Bid Request Data: An offer from a digital publisher, like a website or mobile app owner, to show an ad on their property. Bid Request Data includes information about your visit to the publisher’s digital property, which helps us understand where an ad will be displayed, Device Information, and who might see it. Bid Request Data also commonly includes a Pseudonymous Identifier (if available), the content that the ad would serve into, the type of device the ad would be served on, the Imprecise / Approximate Location Information of the device, the size of the ad, and consent information. Because Bid Requests include information about the content you are visiting, over time, accumulated Bid Requests may show your browsing behavior. | Received from a digital publisher. |
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Imported Data (Client): Pseudonymised Information, which may include Online Data, and/or Offline Data that may be apportioned by Browsing Data, Attributes, Segments, Label Data and Interests. | Uploaded to the Quantcast platform or provided to us via an Application Programming Interface (“API”) by a particular Client for use on its behalf. |
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Imported Data (Third Party/Segment): Pseudonymised Information, which may include Online Data, and/or Offline Data that may be apportioned by Browsing Data, Attributes, Segments, Label Data and Interests. | Uploaded to the Quantcast platform or provided to us via an API by third-party Data Management Platforms or Data Providers. |
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Inferences/Inferred Data: Information drawn from the above-listed categories of information (i.e., Event Data, Bid Request Data, Imported Data (Client), and Imported Data (Third Party/Segment)). We may, for example, use information that we have collected to infer your interests, age, gender, marital status, or income range. These Inferences may include Interests and Attributes. | Derived by Quantcast from previously collected Event Data, Bid Request Data, Imported Data (Client), and/or Imported Data (Third Party/Segment). |
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Training Data: Pseudonymous Information used to improve Quantcast’s algorithms and measure how well they are working. | Received from third-party data providers and matched to Pseudonymous Identifiers. |
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Information you provide: This may include your contact details, (e.g., name, email address, or phone number) and any commentary or other information you provide when you contact Quantcast. | Provided by you when you contact Quantcast. | Carrying out our legitimate business purposes. Retention Period: 18 months |
Establishing, bringing, or defending against complaints, legal claims (including threatened or anticipated legal claims), and regulatory inquiries | Categories of Personal Information and associated retention periods are determined by the underlying purpose for which the Personal Information is Processed. |
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Responding to legal requests | |
Complying with relevant laws and regulations | |
Conducting research | |
Hosting of Personal Information for above-listed purposes | Technically, all Personal Information is Processed in the course of being hosted on a server or in cloud computing service. Retention periods for each category of Personal Information Processed are disclosed above. |
Information use and legal basis
- the purposes for which Quantcast Processes Personal Information (which are tied to the defined purposes for Processing, special purposes, and features set forth in the TCF Policies and official technical documentation disseminated by IAB Europe where applicable),
- a description of each Processing activity using TCF-specific terminology (to the extent applicable), and
- the legal basis that we rely on to perform each of our Processing activities.
Processing Purpose / TCF Purpose (where TCF is applicable) | Description of Processing Activity (using TCF Purpose terms) | Legal Basis for Processing | |
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Storing and/or accessing information on a device (TCF Purpose 1) | Cookies, Device Identifiers, or other information more fully described in association with the purposes below can be stored or accessed on your device for the purposes presented to you. | Consent | |
Selecting basic ads (TCF Purpose 2) | Ads can be shown to you based on the content you’re viewing, the app you’re using, your device’s Imprecise/Approximate Location Information, or your device type. When selecting basic ads, Quantcast will:
| Consent or Legitimate Interests, depending on the choice of the Client that is using the TCF. Where we rely on Legitimate Interests, we carry out the Processing to help our advertiser Clients meet their objectives of finding new customers and growing their brands through the delivery of relevant ads. | |
Creating a personalised ads profile (TCF Purpose 3) | A profile can be built about you and your Interests to show you personalised ads that are relevant to you. To create or edit a profile for use in personalised advertising, Quantcast will:
| Consent | |
Selecting personalised ads (TCF Purpose 4) | When serving personalised ads, Quantcast will select personalised ads based on Personal Information collected from or about you, such as your prior activity, Interests, visits to websites or mobile apps or streaming media, Imprecise/Approximate Location Information, demographic information or Inferences. | Consent | |
Measuring ad performance (TCF Purpose 7) | Quantcast will measure the performance and effectiveness of ads that you see or interact with. In particular, to measure whether and how ads were delivered to you and how you interacted with them, Quantcast will:
In the provision of the Solutions to some Clients, Quantcast may correlate information between entries within its own datasets that have the same Pseudonymous Identifier or with information obtained from Ad Serving, Ad Verification, or Data Management Platforms/Data Providers. We do this to provide aggregated reporting to Clients about the number of visitors to their digital properties. Quantcast does not apply Panel or similarly derived Audience Insights data to ad measurement data without a separate legal basis to apply market research to generate Audience Insights. | Consent or Legitimate Interests, depending on the choice of the Client that is using the TCF. Where we rely on Legitimate Interests, we carry out the Processing to help our advertiser Clients meet their objective of ascertaining, measuring, and improving the effectiveness of their ad campaigns. | |
Measuring content performance (TCF Purpose 8) | The performance and effectiveness of content that you see or interact with can be measured. To measure content performance, Quantcast will:
| Consent or Legitimate Interests, depending on the choice of the Client that is using the TCF. Where we rely on Legitimate Interests, we carry out the Processing to help our Clients meet their objective of executing their digital content strategies more effectively. | |
Applying market research to generate Audience Insights (TCF Purpose 9) | Market research can be used to learn more about the Audiences who visit websites/mobile apps and view ads. To generate Audience Insights, Quantcast will:
| Consent or Legitimate Interests, depending on the choice of the Client that is using the TCF. Where we rely on Legitimate Interests, we carry out the Processing to help our Clients meet their objectives of finding new customers and growing their brands through the delivery of relevant ads and/or executing their digital content strategies more effectively. | |
Developing and improving products (TCF Purpose 10 ) | Your information can be used to improve Quantcast’s existing systems and software and to develop new products. To develop and improve its products, Quantcast will:
For example, Quantcast matches its datasets with Training Data, which usually includes Event Data, Bid Request Data, Imported Data (Client), and/or Imported Data (Third Party/Segment). Quantcast primarily uses Training Data to train its algorithms how to infer individuals’ Attributes and Interests in the context of the Solutions. | Consent or Legitimate Interest, depending on the choice of the Client that is using the TCF. Where we rely on Legitimate Interests, we carry out the Processing to meet our organisational objective of continuously improving the Solutions for our Clients. | |
Ensuring security, preventing fraud, and debugging (TCF Special Purpose 1) | Your information can be used to monitor for and prevent fraudulent activity and ensure our systems and processes work properly and securely. To ensure security, prevent fraud, and debug, Quantcast will:
| Legitimate Interests We conduct the Processing to meet organizational objectives such as to maintain our IT systems; to ensure the electronic security of our business; and to detect and prevent against malicious, fraudulent, invalid, and illegal activity. | |
Technically deliver ads or content (TCF Special Purpose 2) | Your device can receive and send information that allows you to see and interact with ads and content. To deliver information and respond to technical requests, Quantcast will:
Quantcast may also match Pseudonymous Identifiers with third parties in order to deliver ads to Audiences. | Legitimate Interests We carry out the Processing to help our advertiser Clients meet their objective to ascertain, measure, and improve the effectiveness of their ad campaigns. | |
Matching and combining offline data sources (TCF Feature 1) | Offline Data can be combined with your online activity in support of one or more purposes or special purposes outlined in this table. | The legal basis will depend on the TCF Purpose pursued. | |
Linking different devices (TCF Feature 2) | Different devices can be determined as belonging to you or your household in support of one or more purposes. Through Cross-Media Matching/Linking, Quantcast will:
| The legal basis will depend on the TCF Purpose pursued. | |
Receiving and using automatically sent device characteristics for identification (TCF Feature 3) | Your device will be distinguished from other devices based on information it automatically sends, such as IP Address or browser type. In particular, Quantcast will:
| The legal basis will depend on the TCF Purpose pursued. | |
Establishing, bringing, or defending against complaints, legal claims (including threatened or anticipated legal claims), and regulatory inquiries | We Process, preserve, and share Personal Information when we seek legal advice or seek to protect ourselves in the context of litigation and other disputes. | Legitimate Interests We carry out the Processing to meet our objective of protecting ourselves and others, including in connection with investigations, litigation, and regulatory inquiries. | |
Responding to legal requests | We preserve and share Personal Information in response to legal requests from law enforcement and other government officials, to comply with a subpoena or similar legal process, and when we believe in good faith that disclosure of such information is necessary to comply with a judicial proceeding or court order. | Legitimate Interests We carry out the Processing to meet our objective of protecting ourselves and others, including in connection with investigations and regulatory inquiries. | |
Complying with relevant laws and regulations | We Process Personal Information to comply with our legal obligations under applicable law. Examples of Irish and EU laws enforceable in Ireland that could give rise to an obligation requiring us to Process Personal Information we hold about you are:
See here for the current list of laws which are enforceable in Ireland that give rise to a legal obligation for Quantcast which results in the Processing of Personal Information. As new laws may be enacted or other obligations may require us to Process your Personal Information, we will update this list from time to time. | Compliance with a legal obligation. | |
Conducting research | We use Personal Information to conduct research, surveys, product testing, and troubleshooting to help us operate and improve our products and services. | Legitimate Interests We carry out the Processing to meet our organisational objective of delivering and continuously improving the Solutions for our Clients. | |
Hosting information | We Process Personal Information to manage our business, which includes hosting Personal Information in our on-premise data centers and/or cloud computing services. | Legitimate Interests We carry out the Processing to meet our organisational objective of delivering the Solutions to our Clients. |
Information sharing
Category of Recipient | Description and Purpose of Sharing | Categories of Personal Information Shared |
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Quantcast-affiliated companies | We share your Personal Information with Quantcast-affiliated companies in order to provide the Solutions. | All or certain categories of Personal Information are shared only as necessary or appropriate. |
Our vendors (including service providers/data processors) Visit the Quantcast Partners page for a list of our vendors. | We share your Personal Information with vendors who act on our behalf and are subject to binding contractual obligations and restrictions on the Processing of Personal Information we share with them. For example, these companies assist with information hosting, information Processing, database management, and administrative tasks. | All or certain categories of Personal Information are shared only as necessary or appropriate. |
Our partners, such as Data Management Platforms and Data Providers and Advertising Exchanges Visit the Quantcast Partners page for a list of our Partners | We share Pseudonymous Identifiers with companies that we partner with to support the operation of the Solutions. Specifically, Quantcast shares Pseudonymous Identifiers with 1) data providers via Data Management Platforms for the purpose of performing Cookie Syncing/Matches with Imported Data (Client) and Third Party/Segment Data, and 2) and Advertising Exchanges for the purpose of serving ads. | Pseudonymous Identifiers. |
Relevant third parties as part of a corporate transaction | In the event of a reorganisation, merger, sale, joint venture, assignment, transfer, or other disposition of all or any portion of our business, assets, or stock (including in connection with a bankruptcy or similar proceeding), we may share your Personal Information with (or transfer your Personal Information to) certain third parties, such as the acquiring entity and its advisors. We may also make certain information available to a potential investor or purchaser (and their advisers) in advance of any such transaction’s completion. | All or certain categories of Personal Information are shared only as necessary or appropriate. |
Competent governmental and public authorities | We may share your Personal Information with governmental and law enforcement authorities, in each case to comply with legal or regulatory obligations or requests. | All or certain categories of Personal Information are shared only as necessary or appropriate. |
Other third parties | We will share your Personal Information with other third parties at your direction or with your consent. Additionally, we may share your Personal Information as necessary or appropriate or where otherwise permitted by law to:
| All or certain categories of Personal Information are shared only as necessary or appropriate. |
Information security
Information retention
International transfers
Additional disclosures for EEA, UK, and Switzerland residents
Your choices and legal rights
- Right of access: The right to request access to your Personal Information and receive certain information, including the categories of your Personal Information we collect and disclose. To exercise this right, see our request form here.
- Right of rectification/correction: The right to request that we rectify (or correct) inaccurate Personal Information about you. In practice, if you seek to exercise your right of rectification/correction, due to the limited Personal Information we Process, we satisfy this right by providing you with the option to request deletion of your Personal Information. To request the deletion of your Personal Information, see our request form here.
- Right of erasure/deletion: The right, in certain cases, to request that we delete your Personal Information, provided there are valid grounds for doing so and subject to applicable law and exceptions. To exercise this right, see our request form here.
- Right to data portability: The right, in certain cases, to receive a copy of your Personal Information in a structured, commonly used, and machine-readable format and transmit such information to another controller. To exercise this right, see our request form here.
- Right to object (marketing): The right to object to the Processing of your Personal Information for direct marketing purposes. In practice, we satisfy this right by providing you with the option to opt out of our Processing of your Personal Information for advertising purposes. To exercise this right, see our opt-out page here. Additionally, as noted in the “Self Regulatory Standards” section above, we are a member of the NAI and a DAA and EDAA participating company. Each of these self-regulatory bodies offers a tool that allows individuals to opt out of receiving targeted advertising from Quantcast and other participating companies. These links will take you to the NAI opt-out page and the DAA opt-out page. If you are located in Europe, you may prefer to visit the EDAA opt-out page.
- Right to object (legitimate interests): The right to object to the Processing of your Personal Information where we Process it on the basis of our legitimate interests, as described in the “Information Use and Legal Bases” section above. Unless we have compelling legitimate grounds or the information is needed for the establishment, exercise or defense of legal claims, we will cease Processing your Personal Information when you object. To exercise this right, see our opt-out page here.
- Right to restrict Processing: The right, in certain cases, to temporarily restrict our Processing of your Personal Information, provided there are valid grounds for doing so. In practice, if you seek to exercise your right to restrict the Processing of your Personal Information, we will treat it as an exercise of the right on an ongoing, rather than temporary, basis (i.e., the request will be treated as you exercising the right to object to the Processing of your Personal Information). To exercise this right, see our opt-out page here.
- Right to withdraw your consent: The right to withdraw the consent you have provided at any time, where we Process your Personal Information on the basis of your consent. Please note that the lawfulness of any Processing undertaken prior to your withdrawal of consent shall not be affected by the withdrawal. To exercise this right, see our opt-out page here.
- Right to lodge a complaint: The right to complain to the relevant authority regarding the Processing of your Personal Information by us or on our behalf. In the EU, the lead supervisory authority is the Irish Data Protection Commissioner. See the section “Contact Us” below.
California privacy rights
- Identifiers, such as IP Address and other similar Pseudonymous Identifiers.
- Internet or other electronic network activity information, including browsing history and information regarding individuals’ interactions with websites or mobile apps or streaming media.
- Geolocation data, such as Imprecise/Approximate Location Information derived from device IP Addresses.
- Inferences, which refers to inferences drawn from any of the information in these categories of Personal Information to predict the individual’s characteristics.
- Disclose to you the following information covering the 12 months preceding your request:
- the categories of Personal Information we have collected about you and the categories of sources from which we collected such information;
- the specific pieces of Personal Information we have collected about you;
- the business or commercial purpose for collecting Personal Information about you;
- the categories of third parties with whom we shared or to whom we disclosed such Personal Information; and
- if we sold or disclosed your Personal Information for a business purpose, two separate lists disclosing:
- sales, identifying the Personal Information categories that each category of recipient received; and
- disclosures for a business purpose, identifying the Personal Information categories that each category of recipient obtained.
- Delete the Personal Information we have collected from you.
Contact us
Changes to this Privacy Policy
- inform you in advance by posting a notice on our website
- wait for a period of time before implementing the changes