Terms of use

Last updated: February 19, 2025

These Terms of Service of Interacty.me are legal agreements between SIA Holge, Latvian company with address LV-1050 Riga, Latvia Jauniela 14 - 6 regarding use of Platform. Please read this Terms of Service carefully before using Platform.

1. DEFINITIONS

The following terminology applies to these Terms of Service:

“Content” means any material, data, or content submitted, uploaded, or otherwise provided by a User through the Service for the purpose of amendment or creation of specific Interactive Units.

“DPA” refers to the Data Processing DPA attached to these Terms of Service as an Exhibit A.

“Interacty’s Content” means all images, media, templates, web pages, designs, pages layout and materials provided through the Platform.

“IPR” means all intellectual property rights, including but not limited to copyrights, trademarks, patents, trade secrets, design rights, and any associated proprietary rights. For the avoidance of doubts, definition of IPR includes any likeness, name, or image rights of celebrities or public figures. These rights are protected under applicable intellectual property laws and treaties.

“Interactive Units” means a customizable web application with interactive content, including but not limited to quizzes, polls, and giveaways offering various functionalities supported by the Service and published by the Publisher.

“Party” or “Parties” refers to the Publisher and Interacty, either jointly or separately.

“Platform” or “Interacty” means the website Interacty.me and any associated services.

“Publisher” means individual or legal entity utilizing the Service and accepting these Terms of Service.

“Services” means Interactive Units creation and publication features available through the Platform.

“Subscription Plan” means then-current available monthly or annual subscription plan which is used or purchased by Publisher for the purposes of access to required features of the Service.

“Terms” means these Terms of Service.

“User” means any Service user who are employees, vendors or consultants of Publisher and who is responsible and who is instructed by Publisher to use the Service.

“Visitor” means any person visiting and using Interactive Unit published by Publisher.

“We”,“Our” and “Us” refer to SIA Holge, a Latvian company with its registered address at LV-1050 Riga, Latvia Jauniela 14 - 6, and registration number 40203184732.

“You” means either User or Publisher depending on the context.

2. PURPOSE OF THESE TERMS

Interacty is the developer and owner of an innovative online Platform that enables the creation, publication, and monitoring of Interactive Units through our Services. These Terms govern the use of our Services by Publishers, and constitutes an entire agreement between us and Publisher regarding your use of our Services and Platform. Before using our Platform, please carefully review these Terms of Service (“Terms“). By clicking “I agree to these Terms of Service,” accessing, or using our Platform, you agree to comply with and be bound by these Terms. You acknowledge that this electronic acceptance constitutes a legally binding agreement. If you disagree with these Terms or lack the legal capacity to accept them, please do not use our Services.

We reserve the right to amend or update these Terms periodically. Any changes to the Terms will be effective upon publication. For material changes affecting your rights or obligations under these Terms, we will provide you with reasonable prior notice, such as by email or through prominent notices on our Platform. By continuing to use our Services after changes become effective, you agree to the updated Terms. We encourage you to review these Terms regularly to stay informed about any updates or modifications.

3. ACCOUNT

Account registration. Registering an account is required in order to use Services and create Interactive Units. If you are creating an account as an individual, you warrant that you have legal capacity to accept these Terms as a binding agreement between you and us. By accepting these Terms on behalf of a legal entity or public organization, you confirm and warrant that you are duly authorized to do so on behalf of the relevant entity or organization, and your acceptance form a binding agreement between Publisher and us. Upon account registration, Publisher and its Users shall be authorized to create Interactive Units and use Service features as per chosen Subscription Plan.

Organizations. Publishers and Users cannot sell their accounts or places in their organization. Organizations are groups of features developed to organize work within a single company or business project and cannot be used to invite users for money. Additionally, if Publishers and Users have an account with any Subscription Plan, it cannot be sold or resold to another person or company, except in merge or acquisition cases.

Account security. You are responsible for your account security and credentials, as well as for any decision to share such credentials with the third parties. If you believe that your credential has been compromised, or you suspect unauthorized use, you must promptly notify us. We shall treat Publisher's account as uncompromised and all instructions and transactions following from Publisher’s account as yours, unless you promptly notify us. We reserve our right to terminate or suspend Publisher’s or User’s account in case we consider your account compromised, identify any suspected activity, or any activity breaching license below.

4. LICENSES

License to Use the Service. Upon creating an account, we grant you a non-exclusive, non-transferable, worldwide license to access and use the Service. This license is limited to supported browsers via the internet, strictly for your internal and business purposes, and in accordance with your selected Subscription Plan, subject to these Terms. If you are a User, the license is further subject to the limitations specified in the Publisher's Subscription Plan. Your use of the Service must comply with all applicable laws and regulations, including anti-corruption laws.

Prohibited Activities. You are expressly prohibited from engaging in the following activities:

• Unauthorized Access and Usage: (i) permitting unauthorized third parties to access or benefit from the Service, unless explicitly allowed under your Subscription Plan; and (ii) transferring or assigning your rights to access or use the Platform to any other party without prior authorization.
• Jurisdictional Restrictions: Using the Platform or its contents in jurisdictions where such use is restricted or prohibited by law. You must ensure that your use of the Platform does not violate international trade restrictions, sanctions, or export laws enforced by relevant authorities of European Union and United States. This includes restrictions on the transfer of technology or engagement with embargoed nations or entities.
• Content Violations: Following shall be considered violation: (i) uploading any Content belonging to third parties without proper authorization, including content that infringes third party IPR;; or (ii) violence, abuse, harassment, hate speech, or discrimination; or (iii) defamatory, obscene, or otherwise harmful material; or (iv) Sexually explicit, pornographic, or otherwise indecent material. Uploading any content containing malware, viruses, or other harmful components designed to disrupt, damage, or compromise the security or functionality of the Platform.

License to Content. While using the Service, you have the ability to create Interactive Units. By uploading Content to the Service, you grant us a limited, non-exclusive, transferable, and assignable license to use your content exclusively for the creation, development, and functionality of the Interactive Units. Upon uploading of Content you warrant and agree that you are owner of the uploaded Content or otherwise you are holding a valid license to upload and use the content for the purpose of Interactive Units creation.

Submission of feature requests. By submitting content, suggestions, ideas, or other materials to our Platform, you grant us a non-exclusive, worldwide, royalty-free, perpetual, irrevocable, sublicensable, and transferable license to use, reproduce, modify, adapt, publish, translate, distribute, and create derivative works from your content, suggestions, ideas, or other materials in any media or distribution method. This license allows us to incorporate your suggestions or materials into our Platform, Services, or features without further notice, attribution, or compensation to you, unless required by law.

5. SUBSCRIPTION TERMS

Free trial access. We may offer a free trial access of certain Subscription Plans for a limited number of Interactive Units published. During the free trial, you will have access to specific features of the Services as outlined in the offer. At the end of the trial period, your subscription will automatically convert to a paid plan, and the payment method on file will be charged unless you cancel before the trial period ends.

• Free trials are limited to one per user or organization unless otherwise specified.
• We reserve the right to modify or terminate the free trial at any time without notice.

Subscription process. Access to Interacty’s Services, including the creation and management of Interactive Units, is provided based on the Subscription Plan chosen by the Publisher. The features and functionalities available to Publisher depend on the selected plan, as detailed during the subscription process or on our pricing page. Subscriptions are non-transferable and intended solely for the Publisher’s internal and business use.

Billing and Payment. Subscriptions are billed on a recurring basis, as specified at the time of subscription (e.g., monthly or annually). By subscribing, you authorize us to charge the provided payment method for the subscription fees, taxes, and any applicable additional charges in accordance with your chosen plan. Failure to make timely payments may result in suspension or termination of your access to the Services.

Subscription Renewal and Cancellation. Subscriptions automatically renew at the end of the billing period unless canceled before the renewal date. You may cancel your subscription through your account settings or by contacting customer support. Upon cancellation, access to the Services will continue until the end of the current billing period. Refunds for unused portions of the subscription period are not provided, except as required by applicable law.

Modifications to Subscription Plans. We reserve the right to adjust the pricing, features, or structure of Subscription Plans at any time. If a change impacts your current plan, we will notify you in advance, and you will have the option to modify or cancel your subscription before the new terms take effect.

Usage Limits and Restrictions. Your access to the Services is subject to the limitations of your chosen Subscription Plan. Exceeding usage limits or violating the Terms may result in additional fees, suspension, or termination of your account.

Termination by Interacty. We reserve the right to terminate or suspend your subscription and access to the Services if we identify breaches of these Terms, including unauthorized use, non-compliance with applicable laws, or failure to pay subscription fees. In such cases, we may offer a grace period for rectification at our discretion. We reserve the right to immediately terminate or suspend access to the Platform if a Publisher is found to have uploaded illegal, harmful, or otherwise prohibited content, or if the Publisher's actions expose us to legal or reputational risks.

Refunds. Generally, we do not offer refunds for any fees or charges paid for the use of the Service. In accordance with EU consumer protection laws, the right to a refund may be excluded for digital services where a free trial period is provided, allowing you to evaluate the Service before committing to a paid Subscription Plan. By using the free trial features, you acknowledge that you have had an opportunity to test the Service and assess its suitability for your needs. Once a Subscription Plan is purchased, all payments are final and non-refundable, except where required by law. If you have any questions regarding the free trial or your Subscription Plan, please contact our support team before completing your purchase.

6. PRIVACY

We encourage you to read our Privacy Policy and use it to make informed decisions. Our Privacy Policy will explain to you how we collect and use information about you and your computer or mobile device, and how you can use the Services to share such information with others. If you don’t agree with our Privacy Policy, then you must stop using our services.

7. PUBLISHER’S CONTROLS

Publishers acknowledgement. As the Publisher, you acknowledge and accept full responsibility for monitoring and managing every Interactive Unit you create and publish using our Platform. This responsibility includes ensuring that all content within your quizzes, polls, giveaways, or other Interactive Units complies with applicable laws, regulations, and ethical standards. You are solely accountable for verifying the accuracy, safety, quality, morality, and legality of the content you publish. We operate solely as a technology provider and a venue, and we do not monitor, control, or guarantee the following:

• The quality, safety, morality, or legality of the content within your Interactive Units.
• The truthfulness, accuracy, or reliability of any listings or representations in your Interactive Units.
• The ability of hosts to fulfill commitments or contestants to meet the requirements for any items, prizes, or outcomes associated with your Interactive Units.
• The identity, age, nationality, or other personal attributes of Users engaging with your Interactive Units.

Assumed risks. By using the Platform, its products, and its Services, you assume all risks associated with your use and publication of Interactive Units. You agree to take all necessary precautions to ensure their lawful and appropriate use, safeguarding both your interests and those of your audience.

Privacy laws compliance. Publisher is responsible for ensuring their compliance with the General Data Protection Regulation (GDPR) when using the Platform to interact with Users in the EU. This includes enabling mechanisms through the Service to obtain explicit user consent for cookies and providing accessible privacy notices. It is your sole responsibility to inform Users about any cookies being placed on the web pages, where you publish Interactive Units, as well as inform about and provide access to, any privacy notice of yours.

Publisher’s Responsibility for Integration. Publisher acknowledge and agree that the integration of Interactive Units into their websites or domains via i-frame or other embedding technologies is conducted solely based on their instructions. Publishers bear full responsibility for ensuring the compliance of the i-frame content and its embedding with applicable laws, regulations, and third-party agreements, including intellectual property rights and privacy requirements.

Cookies and Data Collection in i-Frames. Publisher is solely responsible for obtaining explicit consent from Visitors for any cookies or tracking technologies activated by the embedded Interactive Units, as required by applicable privacy laws such as the GDPR or CCPA. Publisher must ensure that their privacy policies explicitly disclose how the data collected via i-frame is processed and shared.

Liability for Integration. We are not responsible for any errors, security issues, or disruptions caused by the integration of Interactive Units into Publishers’ websites or domains via i-frame or other technologies. Publisher is responsible for ensuring compatibility and security within their hosting environments.

Browser and Device Compatibility. We do not guarantee compatibility of Interactive Units embedded via i-frame with all browsers, devices, or configurations. Publisher is responsible for testing and verifying functionality within their hosting environments.

8. PROPRIETARY RIGHTS

The Platform and Interacty’s Content including but not limited to its design, functionality, and content, contains proprietary rights owned by us and our licensors, and is protected under Latvian property laws and applicable international treaties. Unless expressly authorized by us in writing, you are prohibited from copying, modifying, or creating derivative works based on the Platform. This includes the use of framing technologies to enclose proprietary content or information. You agree not to reverse engineer, decompile, disassemble, or otherwise attempt to access the underlying technology of the Platform for the purpose of:

• Building a competitive product or service;
• Developing a product with similar features, functionality, or graphics; or
• Copying any features, functionality, or graphical elements from the Platform.

Any unauthorized use of our intellectual property, including the use of our trademarks, designs, or other proprietary content on third-party platforms or for commercial purposes, is strictly prohibited and may result in legal action.

Interactive Units templates Disclaimer. Templates provided on the Platform are designed for convenience and simulate potential projects for illustrative purposes. These templates are not intended to reference real companies, and any names, logos, or branding included are purely fictitious. Any similarities to actual company names or logos are coincidental and used solely for example purposes. Should any party identify an undesirable match or similarity, the issue can be resolved on a case-by-case basis. In such instances, please contact us at support@interacty.me, and we will address the matter promptly.

9. REPRESENTATIONS AND WARRANTIES

General representations. Each party represents and warrants to the other that (i) It is a legal entity, duly organized and validly existing under the laws of its jurisdiction of incorporation or registration, as applicable; and (ii) It has the legal capacity, power, and authority to enter into this Agreement and to perform its obligations hereunder.

Compliance with Laws. You agree not to access, use, or engage with the Platform, its services, or its content in any jurisdiction where such actions are restricted, prohibited, or in violation of applicable laws, regulations, or legal mandates. It is your responsibility to ensure that your use of the Platform complies with all relevant local, national, and international laws, including Latvian and EU regulations.It is your obligation to avoid use of the Platform in violation of U.S. export control laws or regulations, including prohibitions on dealings with embargoed nations or entities under the Office of Foreign Assets Control (OFAC) guidelines.

10. LINKS

The Platform may include links to external platforms or websites operated and controlled by third parties. These links are provided solely for your convenience and do not constitute an endorsement, sponsorship, or recommendation of the third-party platforms, their content, or their operators. We do not monitor, control, or verify the accuracy, legality, quality, or appropriateness of the content on any third-party platform linked through our Platform. Furthermore, we disclaim all responsibility and liability for any issues, damages, or losses that may arise from your access to, or use of, these external platforms, including but not limited to their content, privacy practices, security, or functionality. Accessing and interacting with third-party platforms via links on our Platform is done entirely at your own risk, and we encourage you to review the terms, policies, and practices of any third-party website before engaging with it.

11. MISCELLANEOUS

Limitation of Liability.Limitation of liability. To the fullest extent permitted by applicable U.S. Federal law, we shall not be liable to you or any third party for any indirect, incidental, special, consequential, or punitive damages, including, without limitation, damages for lost profits, loss of revenue, business interruption, or loss of data, arising out of or related to this agreement or the use or inability to use the services, platform, or interactive units, regardless of the legal theory under which such liability is asserted (whether in contract, tort, negligence, or otherwise), and even if we had been advised of the possibility of such damages. This limitation shall apply notwithstanding any failure of the essential purpose of any limited remedy. In no event shall our aggregate liability for any and all claims arising under or in connection with this agreement exceed the total amount paid by you to us under this terms of service in the six (6) months immediately preceding the event giving rise to the claim. Some U.S. States may not allow the exclusion or limitation of certain damages, so the above limitation or exclusion may not apply to you. In such cases, our liability will be limited to the maximum extent permitted by applicable law.

Warranty Disclaimer. To the maximum extent permitted by applicable law, we disclaim all warranties, express or implied, including, without limitation, warranties of merchantability, fitness for a particular purpose, title, and non-infringement. The service, platform and interactive units provided under this agreement are offered on an “as is“ and “as available“ basis. We do not warrant that the service, platform and interactive units will be uninterrupted, error-free, or free of defects. You acknowledge and agree that any information or content available on the platform or through its services does not constitute a warranty or representation regarding our products or services. Some u.S. States may not allow limitations on implied warranties, so the above disclaimer may not apply to you. In such cases, the warranties will be limited to the maximum extent permitted by applicable law.

Force Majeure. You may not assign or transfer your rights or obligations under these Terms without prior written consent from the We. We may freely assign or transfer its rights and obligations under these Terms without restriction.

Assignment. We shall not be held liable for any delay or failure in performance resulting from causes beyond its reasonable control, including but not limited to acts of God, natural disasters, government actions, labor strikes, cyberattacks, and internet service interruptions.

Entire Agreement. These Terms, together with any applicable Privacy Policy, Data Processing Agreement (if applicable), and other referenced policies, constitute the entire agreement between you and the We concerning the subject matter hereof and supersede all prior agreements or understandings, whether written or oral.

Severability. If any provision of these Terms is found to be unlawful, void, or unenforceable for any reason, the remaining provisions shall not be affected and shall remain valid and enforceable to the fullest extent permitted by law.

No Waiver. The We’s failure to enforce any right or provision under these Terms shall not constitute a waiver of such right or provision or any other provision of these Terms.

Modifications and Updates. We reserve the right to amend these Terms periodically. For material changes, the We will notify you as required by applicable law, consumer protection laws, and your continued use of the services after such notification will constitute acceptance of the updated Terms.

Dispute Resolution. Any dispute, claim, or controversy arising out of or relating to these Terms shall first be attempted to be resolved through good-faith negotiations between the parties.

Third-Party Services. We may integrate or offer access to third-party services. Use of these services is subject to their respective terms and conditions, and we shall have no liability for issues arising from such third-party services.

Contact us. If you have any question regarding these Terms, our privacy policy or Platform you may contact us:

• By sending notice to our physical address: LV-1050 Riga, Latvia, Jauniela 14 - 6
• By sending email to info@interacty.me.

Scope of support. Interacty will provide technical support limited to ensuring the functionality of the Platform. Such support shall be provided as our then-current SLA. Issues arising from Publisher modifications or non-compliance with recommended usage guidelines may not be covered under support services.

12. DMCA Notice

We respect the intellectual property rights of others and comply with the provisions of the Digital Millennium Copyright Act (DMCA). If you believe that any material on this site infringes your copyright, you may submit a notification of claimed infringement by providing the following information in writing to our designated DMCA agent at the contact information provided below:

1. Your Contact Information:
   Your full name, mailing address, telephone number, and email address.
2. Identification of the Copyrighted Work:
   A detailed description of the copyrighted work that you believe has been infringed.
3. Good Faith Statement:
   A statement that you have a good faith belief that the use of the material in question is not authorized by the copyright owner, its agent, or the law.
4. Accuracy and Authority Statement:
   A statement, made under penalty of perjury, that the information provided in your notification is accurate and that you are the copyright owner or are authorized to act on behalf of the copyright owner.
5. Identification of the Infringing Material:
   The exact URL(s) or a clear description of where the allegedly infringing material is located on our site.
6. Signature:
   Your physical or electronic signature, or the physical or electronic signature of a person authorized to act on your behalf.

Upon receipt of a valid DMCA notification, we will respond in accordance with applicable legal requirements, including by removing or disabling access to the allegedly infringing material where appropriate.

Exhibit A - Data Processing Agreement

This Data Processing DPA (“DPA”) constitutes part of Terms of Service above (“Agreement”) only applies to the Processing of Personal Data under the Agreement, including if (a) the Processing is in the context of the activities of an establishment of either party in the European Economic Area (“EEA”) or (b) the Personal Data relates to Data Subjects who are in the EEA and the Processing relates to the offering to them of goods or services or the monitoring of their behavior in the EEA by or on behalf of a party. Capitalized terms not defined hereunder shall have the meaning ascribed to them in the Agreement to which this DPA is attached. For more information, please contact us at info@interacty.me.

1. DEFINITIONS

Following definitions shall apply in addition to those determined in the Agreement:

“Data Protection Law” means any and all applicable privacy and data protection laws and regulations (including, where applicable, EU Data Protection Law and Non-EU data Protection Law) as may be amended or superseded from time to time.

“Controller“, “Processor“, “Data Subject“, “Personal Data“, “Processing” (and “Process“), “Personal Data Breach” and “Special Categories of Personal Data” shall all have the meanings given to them in EU Data Protection Law.

“EU Data Protection Law” means the (i) EU General Data Protection Regulation (Regulation 2016/679) (“GDPR”); (ii) the EU e-Privacy Directive (Directive 2002/58/EC), as amended (e-Privacy Law); (iii) any national data protection laws made under, pursuant to, replacing or succeeding (i) and (ii); and (iv) any legislation replacing or updating any of the foregoing.

“Non-EU Data Protection Laws“ means California Consumer’s Privacy Act of 2018 (Cal. Civ. Code Section 1798.100 et seq., amended by California Privacy Rights Act of 2020 - “CCPA”), Nevada Privacy of Information Collected on the Internet from Consumers Act (SB 220), Colorado Privacy Act (CPA), Connecticut Data Privacy Act (CTADPA), Utah Consumer Privacy Act (UCPA), Virginia Consumer Data Protection Act (VCDPA).

“Security Incident” means any accidental or unlawful destruction, loss, alteration, unauthorized disclosure of, or access to, Personal Data of the other party. For the avoidance of doubt, any Personal Data Breach of the other party’s Personal Data will comprise a Security Incident.

“Processed Data” means any and all Visitors’ or User’s Personal Data Processed through the Interactive Units by Interacty or on behalf of Publisher as applicable and subject to the Agreement signed between the parties.

The terms “personal data“, “controller“, “data subject“, “processor“ and “processing“ shall have the meaning given to them in the EU Data Protection Law. Notwithstanding the foregoing and to the extent this DPA relates to the processing of personal data of California residents, “controller” and “processor” shall be deemed to be references to “business” and “service provider” as defined in the Non-EU Data Protection Law. As used in this DPA, “sell,” “sale,” “share”, and “sharing” shall have the meanings given to them in the Non-EU Data Protection Law.

2. RELATIONSHIP OF THE PARTIES

Interacty acts as a Processor for Processed Data processed through its services and as a Controller for Publisher data processed for operational purposes, such as registration, billing, and support. Each party is independently responsible for compliance with applicable laws in their respective roles.

The parties acknowledge and agree that with regard to the processing of Processed Data , Publisher is Data Controller and Interacty is Data Processor acting on behalf of Publisher:

• Subject matter: The subject matter of the processing under this DPA is the Processed Data.
• Processed Data shall be processed for the following purposes: processing is required to fulfill Agreement; (ii) processing initiated by the Publisher while using Service; and (iii) processing is required to comply with specific requests made by the Publisher (send by email or by creating of support tickets) that are consistent with the Agreement.
• Nature of the processing: Interacty provides software allowing collect the affiliate marketing data , as more particularly described in the Agreement.
• Duration of processing: Processed Data shall be processed for the duration of the Agreement.
• Special categories of personal data: Sensitive Data shall not be processed under the Agreement.
• Categories of data subjects: Visitors, Users.
• Processed Data: (i) For Users: name, business email; (ii) For visitors, users or clients redirected to Publisher’s service: any information determined by the Publisher
• Processing Operations: Visitors Data will be processed in accordance with Publisher’s instructions and may be subject to the following processing activities: (i) Storage and other processing necessary to provide, maintain and improve the Service provided to Publisher pursuant to the Agreement; and/or (i) Disclosures in accordance with the Agreement and/or as compelled by applicable law.

Operations. Personal data will be subject to the following basic processing operations as applicable to the products and services provided under the Agreement and the instructions of the customer: collecting, recording, organizing, structuring, storing, altering, retrieving, using, disclosing, combining, erasing and destroying personal data.

Purpose limitation. Interacty shall process Processed Data only in accordance with Publisher’s instructions, as necessary to comply with applicable law. Publisher’s interactions with the Service shall be considered Publisher’s instructions.

Publisher compliance. Publisher represents and warrants that (i) it has all notices and policies required to inform data subject about the processing and their rights provided by Data Protection laws; (ii) it has collected all consents and confirmations required for processing of Processed Data by Interacty pursuant to this DPA; and (iii) it has complied, and will continue to comply, with all applicable laws, including Data Protection Laws, in respect of its processing of Processed Data and any processing instructions it issues to Interacty. Publisher shall have sole responsibility for the accuracy, quality, and legality of Processed Data and the means by which Publisher acquired Processed Data.

3. REPRESENTATIONS AND WARRANTIES

The Publisher represents and warrants that: (a) its Processing instructions shall comply with applicable Data Protection Law, and the Publisher acknowledges that, taking into account the nature of the Processing, Interacty is not in a position to determine whether the Publisher’s instructions infringe applicable Data Protection Law; and (b) it will comply with EU Data Protection Law, specifically with the lawful basis for Processing Personal Data. Interacty represents and warrants that it shall process Personal Data, as set forth under Article 28(3) of the GDPR, on behalf of the Publisher, solely for the purpose of providing its services and set forth in the Agreement. Notwithstanding the above, in the event required under applicable laws, Interacty may Process Personal Data other than as instructed by Publisher, in such event, Interacty shall make best efforts to inform the Publisher of such requirement unless prohibited under applicable law.

4. PROCESSING OF PERSONAL DATA AND COMPLIANCE WITH DATA PROTECTION LAW

The Publisher represents and warrants that Special Categories of data shall not be Processed or shared in connection with the performance of Interacty obligations under the Agreement, unless agreed in writing by Interacty and shared in accordance with applicable Data Protection Law. As between the Parties, the Publisher undertakes, accepts and agrees that Interacty and the Data Subject do not have a direct relationship. The Publisher shall ensure that it obtains a proper affirmative act of consent from Data Subjects in the event required in accordance with applicable Data Protection Law and other relevant privacy requirements in order to Process Processed Data as set out herein.

5. RIGHTS OF DATA SUBJECT AND PARTIES COOPERATION OBLIGATIONS

It is agreed that where the Interacty receives a request from a Data Subject or an applicable authority in respect of Processed Data Processed by Interacty, where relevant, Interacty will direct the Data Subject or the applicable authority to the Publisher in order to enable the Publisher to respond directly to the Data Subject’s or applicable authority’s request, unless otherwise required under applicable laws. This includes access to necessary data within the Platform. Both Parties shall provide each other with commercially reasonable cooperation and assistance in relation to handling of a Data Subject’s or applicable authority’s request, to the extent permitted under Data Protection Law. When Interacty receives a Data Subject request relating to Processed Data , it will forward the request to the Publisher, who is responsible for responding. Interacty will provide reasonable assistance to enable the Publisher to fulfill the request within statutory timeframes, including access to necessary data within the Platform. Interacty will comply with Non-EU Data Protection Law requirements to assist Publishers with processing consumer requests such as disclosure or deletion of personal information within statutory timeframes.

6. SUB-PROCESSOR

The Publisher acknowledges that Interacty may transfer Processed Data to and otherwise interact with Advertisers or third party data processors (“Sub-Processor”). The Publisher hereby, authorizes Interacty to engage and appoint such Sub-Processors to Process Processed Data , as well as permits each Sub-Processor to appoint a Sub-Processor on its behalf, provided that publisher receives at least 30 days notice before such Sub-Processors is engaged. Publishers may object to the engagement of a new Sub-Processor within 15 days of notification if there are legitimate data protection concerns. In such cases, Interacty will work with the Publisher to resolve the issue or, if no resolution is possible, allow the Publisher to terminate the Agreement without penalty. Interacty shall, where it engages any Sub-Processor impose, through a legally binding contract between Interacty and Sub-Processor, data protection obligations no less onerous than those set out in this DPA on the Sub-Processor, in particular providing sufficient guarantees to implement appropriate technical and organizational measures in such a manner that the processing will meet the requirements of the GDPR. Interacty will not sell or disclose personal data it processes on behalf of the Publisher, except as required to fulfill contractual obligations.

7. TECHNICAL AND ORGANIZATIONAL MEASURES

Interacty has implemented appropriate technical and organizational measures to protect the Processed Data , as required under Data Protection Law and Non-EU Data Protection Law. Interacty has implemented appropriate technical and organizational measures to ensure the security of Processed Data as required under Data Protection Law, including but not limited to: encryption of data at rest and in transit; regular vulnerability assessments and penetration testing; role-based access control policies to limit data access to authorized personnel only; comprehensive incident response procedures to address potential data breaches promptly; and adherence to a secure software development lifecycle (SDLC) to mitigate risks during platform development and updates. Interacty commits to maintaining these measures in alignment with industry standards and updating them as necessary to address evolving security threats and regulatory requirements.

8. SECURITY INCIDENT

Interacty will notify the Publisher upon becoming aware that an actual Security Incident involving the Processed Data in Interacty’s possession or control has occurred, as Interacty determines in its sole discretion. Interacty’s notification of or response to a Security Incident under this section 8 shall not be construed as an acknowledgment by Interacty of any fault or liability with respect to the Security Incident. Interacty will, in connection with any Security Incident affecting the Processed Data : (i) take such steps as are necessary to contain, remediate, minimize any effects of and investigate any Security Incident and to identify its cause; (ii) co-operate with the Publisher and provide the Publisher with such assistance and information as it may reasonably require in connection with the containment, investigation, remediation or mitigation of the Security Incident; and (iii) notify the Publisher in writing of any request, inspection, audit or investigation by a supervisory authority or other authority. Interacty will notify the Publisher without undue delay and no later than 72 hours after becoming aware of a Security Incident involving Processed Data.

9. AUDIT RIGHTS

Interacty shall make available, solely upon prior written notice and no more than once per year, to a reputable auditor nominated by the Publisher, information necessary to reasonably demonstrate compliance with this DPA, and shall allow for audits, including inspections, by such reputable auditor solely in relation to the Processing of the Processed Data (“Audit”) in accordance with the terms and conditions hereunder. The Audit shall be subject to the terms of this DPA and confidentiality obligations (including towards third parties). Interacty may object to an auditor appointed by the Publisher in the event Interacty reasonably believes, the auditor is not suitably qualified or independent, a competitor of Interacty or otherwise manifestly unsuitable (“Objection Notice”). In the event of Objection Notice, Publisher will appoint a different auditor or conduct the Audit itself. Publisher shall bear all expenses related to the Audit and shall avoid causing any damage, injury or disruption to Interacty’s premises, equipment, personnel and business while its personnel are on those premises in the course of such Audit. Any and all conclusions of such Audit shall be confidential and reported back to Interacty immediately. Publishers may request additional audits if there is a reasonable belief of non-compliance, subject to prior written notice and agreement on scope and timing. Such audits will not exceed one per quarter unless a Security Incident has occurred or regulatory requirements dictate otherwise.

10. DATA TRANSFER

Where EU Data Protection Law applies, neither party shall transfer Personal Data to a territory outside of the EEA unless it has taken such measures as are necessary to ensure the transfer is in compliance with EU Data Protection Law. Such measures may include (without limitation) transferring the Personal Data to a recipient in a country that the European Commission has decided provides adequate protection for Personal Data. For transfers to the U.S., Interacty will ensure compliance with applicable laws, including adherence to SCCs and supplementary measures where required.

All data is encrypted in transit (TLS_AES_128_GCM_SHA256) and at rest (AES-256).

11. CONFLICT

In the event of a conflict between the terms and conditions of this DPA and the Agreement, this DPA shall prevail. Except as set forth herein all of the terms and conditions of the Agreement shall remain in full force and effect.

12. NON-EU SPECIFIC TERMS

If Processed Data originates from and is protected by Non-EU Data Protection Laws, the following shall apply. The definitions of: “Data Controller“ includes “Business“; “Data Processor“ includes “Service“; “data subject“ includes “consumer“; “personal data“ includes “personal information“; in each case as defined under CCPA. Interacty’s obligations regarding data subject requests apply to Consumer’s rights under the Non-EU Data Protection Laws. Any claims brought under or in connection with this DPA shall be subject to the laws of California. In no event shall any party limit its liability with respect to any individual's data protection rights under this DPA or otherwise. Publisher further agrees that any regulatory penalties incurred by Interacty in relation to the Processed Data that arise as a result of, or in connection with, Publisher’s failure to comply with its obligations under this DPA or any applicable Data Protection Laws shall count toward and reduce Interacty’s liability under the Agreement as if it were liability to the Publisher under the Agreement.