These privacy policies are part of the General Conditions for the use of
www.jazz-browser.com or https://jazz-browser.com (hereinafter the Website). All
personal information provided to jazz-browser.com (hereinafter KARBON PROJECT LP)
through the Website or through any other electronic means made available to users
will be handled with the utmost confidentiality. We are committed to protecting
and respecting the privacy of our partner data and the one of their final
customers.
1. About KARBON PROJECT LP: we provide software products and has such may
collect information form our business partners (customers or providers) in
order to conduct business with them. We do not collect personally
identifiable data about the viewer of ads we promote. We do, however,
record and use information that is not personally identifiable, including
but not limited to the following: the IP address of the viewer device, to
do geo-targeting, to identify mobile operator, connection type, and other
details; the ‘user agent’ of the browser or application, and other relevant
request headers, to help us identify your the device type; the date and
time of the ad delivered a unique identifier, such as an HTTP cookie or an
device advertising identifier, that enables us not to show the same ad over
and over again.
2. Rights of affected parties: KARBON PROJECT LP commits itself to respecting
and facilitating interested parties exercising their rights recognized by
regulations in matters of data protection and, in particular, the rights to
access, rectify, cancel and oppose data. Said rights may be exercised by
sending a request at [email protected], attaching a photocopy of ID
and specifying the right being exercised.
3. Quality of the data: When you provide information to KARBON PROJECT LP, you
guarantee and are accountable, in any case, for the information provided to
be true, accurate and complete and you commit yourself to keeping it up to
date. The registration of your data through the use of the signup form is
mandatory, at least for those fields marked as such, and you have been
informed and have provided your consent to the contents of this privacy
policy. Not providing said data or the supply of incorrect data shall make
it impossible for KARBON PROJECT LP to operate with you. Moreover, KARBON
PROJECT LP commits itself to never using personal data for purposes
different from those specified in this privacy policy nor transfer them
unlawfully to third parties.
4. Security measures: KARBON PROJECT LP states and guarantees that it
maintains security levels for the protection of personal data in conformity
with current legislation and that it has implemented all the technical
means available to it to avoid loss, misuse, alteration, unauthorized
access and theft of the data provided by users.
5. Commercial communications: Our partners may manifest the desire not to
receive future commercial communication at any time by sending an email
to [email protected], also, by following the instructions at the end
of each commercial communication through the unsubscribe link.
COOKIES
This Website, as many others, uses cookies for a better experience while browsing
the Internet. In this section, we inform you of what they are, which ones we use
and how you can control them
1. What are cookies? Cookies are small files with text and numbers placed in
the hard drive of your electronic device when you visit a website. Cookies
allow for the identification of a user from the rest in order to provide a
better experience while browsing the Website at the same time as helping to
improve it. Cookies may be classified according to their duration in
session and permanent cookies and according to their source as first-party
or third-party.
2. Cookies used: While visiting our Website, said third-party cookies are
generated. Buttons for social networks (third parties) have been enabled on
our Website with the purpose of allowing you to share contents of interest
with your contacts or to follow us on social networks. Said third parties
may set their own cookies with the purpose of customizing the application
and measuring its functionality. Because of how these cookies function,
KARBON PROJECT LP cannot access them, in the same fashion that third
parties cannot access the data of cookies used by us. Therefore, we
recommend that you visit the websites of said third parties to understand
their operation.
3. Controlling the use of cookies in your browser: You have the ability to
accept or reject cookies. Currently, all browsers allow you to adjust the
configuration to activate or deactivate the storage or cookies or reject
them from specific sites.
4. Cookies description: "Session cookies" are those that are temporarily
stored and expire immediately after leaving a website. "Permanent cookies"
are those that allow a website to remember you for subsequent visits,
improving your experience while browsing through the functions you have
installed. "First-party cookies" are those installed by the website you are
browsing itself. "Third-party cookies" are those installed by websites
different from the one you are visiting. "Google cookies" are used to
identify the requesting account, filling the web history folder and
providing personalized search results and suggestions.
5. Contact: To obtain further information about this Privacy Policy or the use
of cookies on our Website you can contact us at [email protected]
TERMS AND CONDITIONS (GENERAL CONDITIONS OF USE
KARBON PROJECT LP)
● Ownership: This website is managed by jazz-browser.com (hereinafter referred to
as KARBON PROJECT LP), with corporate address at 85 Great Portland Street, First
Floor, London, United Kingdom, W1W 7LT If you wish to contact KARBON PROJECT LP,
you may do so by email, at the following address: [email protected]
● Conditions of use:
1. The use of www.jazz-browser.com (here in after referred to as the Website)
or of the KARBON PROJECT LP services confers the status of user, which
implies knowledge of and full and unreserved acceptance of these General
Conditions of Use (hereinafter referred to as Conditions). For the purposes
of these Conditions, the term "KARBON PROJECT LP" or "Us" refers to the
owner of the Website. The Owner reserves the right to modify these
Conditions, and we therefore recommend reviewing them each time you visit
the Website.
2. You must use the Website/services in it in a proper and diligent way, and
agree not to use it for the following purposes: - To carry out any
activities that are against the law or are immoral or likely to disturb
public order, and agree to use the Website in accordance with these
Conditions. - For illicit or prohibited purposes or for reasons that harm
the rights or interests of third parties, or to infringe regulations
regarding intellectual and industrial property, or any other applicable
legal regulations.
3. We use all the technical means at our disposal to ensure that the
Website/services is in ideal conditions for you. However, at times and
given the nature of the digital environment, incidents may occur that are
beyond our control, and we accept no responsibility for any delays or
failures that may occur as regards access, functioning and operability of
the Website/services, or for any interruptions, suspensions or misuse of
the Website/services.
4. All users have permanent, direct and free access to the public information
contained on the Website/services; however, KARBON PROJECT LP reserves the
right to restrict access to certain information, promotions and special
offers to registered customers only.
5. We may provide access by means of hyperlinks to other websites on the
internet (hereinafter referred to as third-party websites) that we think
might be of interest. We do not own nor are we in any commercial
relationship or have any representation agreement with third-party
websites, and will not therefore be held responsible for (including but not
limited to) any information supplied or gathered by these third parties or
for any poor functioning or damages that may occur as a result of using,
accessing or browsing said websites.
6. We are not responsible and cannot guarantee the absence of viruses or other
similar elements on the website or the server where it is hosted. However,
we have taken all the necessary measures that modern technology allows to
ensure and prevent the existence or transmission of viruses and/or any
other type of harmful software through the Website.
7. The intellectual and/or industrial property rights of the contents,
including but not limited to the texts, comments, illustrations, images,
guides, corporate symbols and source code of the Website/services, are held
by the Owner, and when applicable by the entities or persons indicated on
the Website/services, and are all protected by the Spanish laws and by all
applicable EU and international regulations. Unless prior written
authorization is given by the Owner, the reproduction, distribution,
marketing, transformation, copying or any other act of communication or
dissemination, whether whole or in part, of this Website/service is
prohibited.
8. The conditions set out in this document are governed by UK law. Having
expressly waived any other jurisdiction to which they might be entitled,
the parties submit to the Courts of the city of Vilnius for the resolution
of any disagreements or legal disputes that may arise. When one of the
parties holds the status of consumer, the Courts applicable to the home
address of said party will have jurisdiction to rule on any such
disagreement.
DATA PROCESSING AGREEMENT
This Data Processing Agreement ( DPA) is between Partner and KARBON PROJECT LP
(as defined under the Terms and Conditions) and forms an integral part of Terms
and Conditions available at https://www.jazz-browser.com . Partner and KARBON
PROJECT LP are hereinafter jointly referred to as the “Parties”. In the event of
any conflict between this DPA and the Terms and Conditions, the terms of this DPA
shall prevail. This Agreement only applies to the extent that the EU Data
Protection Law applies to the Processing of Personal Data under this Agreement,
including if (a) the Processing is carried out in the context of the activities
of an establishment of either Party in the European Economic Area (“EEA”), and/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.
1. DEFINITIONS: “Controller” or “Data Controller” means the entity that
determines the purposes and means of the Processing of Personal Data.
“Processor” or “Data Processor” means the entity which Processes Personal
Data on behalf of the Data Controller. “Data Subject” means the individual
to whom Personal Data relates, including End Users. “End User” means the
end user of an internet connected device, such as a visitor to a web page,
a user of a mobile app, or a user of an IoT device, or a visitor on
advertisement or campaign webpage. “GDPR” means Regulation (EU) 2016/679 of
the European Parliament and 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 (also
known as “General Data Protection Regulation”).“Personal Data” means any
information relating to an identified or identifiable person as defined in
Article 4.1 of the GDPR. “Processing” means any operation or set of
operations which is performed upon Personal Data, whether or not by
automatic means, such as collection, recording, organization, storage,
adaptation or alteration, retrieval, consultation, use, disclosure by
transmission, dissemination or otherwise making available, alignment or
combination, blocking, erasure or destruction (“Process”, “Processes” and
“Processed” shall have the same meaning).“Sub-Processor” means any Data
Processor engaged by the Processor. “Services” means services provided by
the Yeesshh in accordance with the general legal terms mentioned above.
2. PROCESSING OF PERSONAL DATA: Under this DPA and with respect to Personal
Data, Partner is the Data Controller or Processor and KARBON PROJECT LP is
engaged by Partner as Processor in respect to Personal Data, as applicable.
The terms of this Agreement shall apply to either of the relations between
the Parties regarding the Processing of Personal Data mentioned herein.
Within the scope of this DPA, Partner hereby engages KARBON PROJECT LP to
collect, process and/or use Personal Data on Partner’s behalf. KARBON
PROJECT LP will only Process Personal Data on Partner behalf and in
accordance with Partner instructions. The instructions from the Partner to
Process Personal Data are the following: (i) Processing shall be carried
out in accordance with this DPA, the Terms and Conditions and pursuant to
the features and limitations of the applicable Services which KARBON
PROJECT LP provides to Partner; and (ii) Processing shall be carried out in
compliance with other reasonable instructions provided by the Partner,
where such instructions are consistent with the Terms and Conditions.
KARBON PROJECT LP will be under no obligation to comply with instructions
that KARBON PROJECT LP deems as violating applicable laws. KARBON PROJECT
LP uses the Personal Data solely to provide the Services in accordance with
Terms & Conditions, i.e. in order to perform tracking services / serve End
Users with interest–based advertising, as well as to measure the
effectiveness of advertising campaigns and provide Partner with advertising
reports. In that context, KARBON PROJECT LP – on Partner demand – may also
combine Personal Data from different sources in order to improve Services
and integrate Services with external platforms, all of which will be
conducted on Partner behalf. KARBON PROJECT LP also processes Personal Data
on Partner behalf and to serve Partner interests for the purposes of fraud
prevention, bot detection, rating, analytics, viewability, ad security
services. KARBON PROJECT LP may also process data based on the extracts of
Personal Data in aggregated and non-identifiable forms, including for the
purposes of testing, development, control and operation of the Services.
KARBON PROJECT LP may process the following information on Partner behalf:
IP addresses, language information, session-based browsing behavior, header
information, End User’s device-related data (such as the type or model of
the device), operating system, wireless carrier providing communication
services to such device, geographical location (geo-location) of the
device, cookies, advertising identifiers of the device, as well as other
information we may receive from Partner or from third parties engaged by
the KARBON PROJECT LP on Partner behalf, such as non-precise device
location based on the IP address, device specifications and user’s
interest’s information. Partner also authorizes KARBON PROJECT LP to store
and use cookies or pixel tags on End User’s device on behalf of the Partner
in order to perform Services. Without derogating from any of the
obligations of the Partner hereunder, the Partner shall not provide KARBON
PROJECT LP with any data a) which by itself identifies an individual, such
as name, address, phone number, email address; and b) regarding children,
or any special categories of personal data, as defined under Article 9 of
the GDPR, except as may otherwise be expressly agreed in writing between
the Parties and in accordance with the applicable law. This type of data is
not necessary to use the KARBON PROJECT LP’ Services. Partner is
responsible for ensuring their own compliance with various laws and
regulations, including the GDPR. To the extent required under the
applicable law, Partner shall provide an appropriate notice to Data
Subjects about the Processing of their Personal Data in connection with the
use of Services under this DPA and under the legal terms, and Partner shall
receive and document the Data Subjects’ consent thereof to the extent
required under the applicable law. To the extent required under the
applicable law, Partner must also use commercially reasonable efforts to
ensure that the End User is provided with clear and comprehensive
information about cookies or other information on the End User’s device in
connection with the use of Services by the Partner and, if applicable,
consents to their storing and accessing. To the extent required under the
applicable law, Partner shall inform the End User about third party cookies
(or other tracking technologies) which may be placed on Partner’s site(s),
specifying the purpose of these cookies (e.g., targeted advertising) and
the type of data collected on the Partner’s site(s). Partner shall also
inform End Users of options to deactivate KARBON PROJECT LP’s cookies by
including in its privacy policy a link to the KARBON PROJECT LP’s legal
terms and when legally compulsory, appropriate notice, consent and choice
mechanisms that comply with relevant laws and regulations, including GDPR.
Partner acknowledge and agree that Partner retain sole responsibility for
the lawfulness of the Processing and warrant to the KARBON PROJECT LP that
Partner are legally allowed to engage the KARBON PROJECT LP to process
Personal Data on Partner behalf, have provided all necessary notices and
obtained all required consents from the Data Subjects (if apply) for the
purposes of the Processing described in this DPA.
3. RIGHTS OF DATA SUBJECTS: KARBON PROJECT LP shall notify Partner via e-mail
if he receives a request from a Data Subject in the subject of access to,
correction, amendment, deletion of or objection to the processing of that
Data Subject’s Personal Data. KARBON PROJECT LP shall not respond to any
such Data Subject request without Partner’s prior written consent, except
in order to confirm that the request relates to the Partner. To the extent
that Partner responds to any such Data Subject request, KARBON PROJECT LP
shall provide Partner, to the extent required by law, with commercially
reasonable cooperation and assistance in relation to handling of a Data
Subject’s request, to the extent legally permitted. KARBON PROJECT LP
reserves the right to charge additional fees in relation to the cooperation
with the Partner in regard to this DPA.KARBON PROJECT LP’s staff: KARBON
PROJECT LP shall ensure that its personnel engaged in the Processing of
Personal Data is informed of the confidential nature of the Personal Data,
has received appropriate training on their responsibilities and is subject
to obligations of confidentiality. Such obligations shall survive the
termination of that individual’s engagement with the KARBON PROJECT
LP.KARBON PROJECT LP shall ensure that access to Personal Data is limited
only to those members of personnel who require that access in order to
fulfil KARBON PROJECT LP obligations under the Terms and Conditions.
4. SECURITY: Pursuant to Article 28, Section 3(c) of the General Data
Protection Regulation, the KARBON PROJECT LP shall take the measures
required by the Article 32 of the GDPR.KARBON PROJECT LP shall provide
sufficient guarantees of implementation of the appropriate technical and
organizational measures in a manner that the processing will meet the
requirements of the GDPR and ensure the protection of the rights of the
Data Subject. KARBON PROJECT LP imposes appropriate contractual obligations
upon its personnel that engages in the Processing of Personal Data,
including relevant obligations regarding confidentiality, data protection
and data security. KARBON PROJECT LP ensures that its applicable personnel
has been properly informed of the confidential nature of the Personal Data,
has received appropriate training and has executed written confidentiality
agreements. KARBON PROJECT LP will further ensure that such confidentiality
agreements will survive the termination of employment or another form of
engagement of its personnel.
5. AUDIT RIGHT: To the extent that the applicable law requires Partner to be
in a position to monitor the adequate Processing of Personal Data, Partner
as the Partner have the right to request an audit from KARBON PROJECT LP to
the extent necessary to review whether KARBON PROJECT LP and our Sub-
Processors are compliant with the following regulations: (i) any provisions
of the Law, (ii) the terms of this DPA, and (iii) Partner’s instructions.
KARBON PROJECT LP may provide Partner with a copy of its most recent third-
party audits or certifications issued by an independent, third-party
auditor, as applicable, or any summaries thereof in order to fulfil Partner
audit rights. If an audit is required by law and where its requirements
cannot be fulfilled by the provision of such certification, Partner may
conduct, either by Partner itself or through a third party independent
contractor selected by Partner at Partner expense, an on-site audit of the
KARBON PROJECT LP. Such audit may be conducted subject to the following
terms: (i) the audit will be pre-scheduled in writing with KARBON PROJECT
LP at least 30 days in advance and will be performed once a year at most;
(ii) if applicable, all of Partners personnel performing the audit, whether
employed or contracted by Partner, will execute a KARBON PROJECT LP
standard non-disclosure agreement prior to the initiation of the audit, and
a third party auditor will in addition execute a non-competition
undertaking; (iii) Partner will undertake all necessary measures to ensure
and verify that the auditors do not access, disclose or compromise the
confidentiality and security of Personal Data other than Partner Personal
Data on KARBON PROJECT LP’s information and network systems; (iv) Partner
will take all necessary measures to prevent any damage or interference with
KARBON PROJECT LP or its service providers’ information and network
systems; (v) Partner will bear all costs and assume responsibility and
liability for the audit and for any failures or damage caused as a result
thereof; and (vi) any audit activities on KARBON PROJECT LP third-party
service providers’ information systems will be pre-scheduled and agreed on
with the applicable providers; (vii) Partner will keep the audit results in
strict confidentiality, use them solely for the specific purposes of the
audit under this Section 6 and the GDPR will not use the results for any
other purpose, or share them with any third party, without the KARBON
PROJECT LP’s prior explicit written confirmation; (viii) If Partner are
required to disclose the audit results to a competent authority, Partner
will provide the KARBON PROJECT LP with a prior written notice, explaining
the details and necessity of the disclosure, as well as provide all further
necessary assistance to prevent such disclosure.
6. SECURITY BREACH MANAGEMENT AND NOTIFICATION: If KARBON PROJECT LP becomes
aware of any accidental or unlawful destruction, loss, alteration,
unauthorized disclosure of or access to any Personal Data transmitted,
stored, or otherwise Processed on KARBON PROJECT LP equipment or in KARBON
PROJECT LP facilities (“Security Breach”), KARBON PROJECT LP will promptly:
(i) notify the Partner of the Security Breach; (ii) investigate the
Security Breach and provide Partner with all relevant information about the
Security Breach; and (iii) take all commercially reasonable steps to
mitigate the effects and minimize any damage resulting from the Security
Breach.
7. SUBPROCESSING AND TRANSBORDER DATA TRANSFERS: Partner authorizes KARBON
PROJECT LP to appoint Sub-Processors in order to provide the Services.
KARBON PROJECT LP may continue to use the Sub-Processors already engaged by
the KARBON PROJECT LP according to this DPA.KARBON PROJECT LP may integrate
the Partner’s services with external service providers’ platforms for the
purpose of providing its Services, on Partner’s behalf and for the purposes
of serving the Partner’s interests, where such external service providers
may be Sub-Processors, which Partner hereby agrees to. A full list of such
Sub-Processors is available upon the Partner’s written request directed to
the KARBON PROJECT LP. Notwithstanding the provisions above, Partner hereby
authorize KARBON PROJECT LP to subcontract the Processing to the Sub-
Processors based outside of the European Economic Area (EEA) to the extent
necessary to duly perform the Service(s), under the condition that the Sub-
Processors will provide sufficient guarantees in relation to the required
level of data protection, e.g. through a Privacy Shield certification
according to the EU Commission Decision 2016/1250, or a subcontracting
agreement based on the standard contractual clauses launched by virtue of
the EU Commission Decision on standard contractual clauses for the transfer
of personal data to processors established in third countries under
Directive 95/46/EC or GDPR (the “Model Contract Clauses”), or based on
other applicable transborder data transfer mechanisms.
8. OTHER TERMS: This Agreement shall become effective as of May 25, 2018.
Partner authorizes KARBON PROJECT LP to retain Personal Data for a period
of 3 months from the date of its collection on Partner’s behalf and for the
purpose of serving its interests, including for fraud prevention, ad
security services, reporting services, complaints or chargebacks handling.
This data may be deleted from KARBON PROJECT LP servers after this
retention period and/or after the termination of Agreement or earlier, at
Partner written request. Notices: If Partner wish to make any inquiries
about this Agreement, please contact [email protected]. Liability:
Partner shall indemnify and hold KARBON PROJECT LP, its officers,
directors, employees, contractors, and agents harmless from and against all
claims, liabilities, administrative fines, suits, judgments, actions,
investigations, settlements, penalties, fines, damages and losses, demands,
costs, expenses, and fees including reasonable attorneys’ fees and
expenses, arising out of or in connection with any claims, demands,
investigations, proceedings, or actions brought by data subjects, legal
persons (e.g., corporations and organizations), or supervisory authorities
under the data protection laws that apply to KARBON PROJECT LP in respect
of processing of Personal Data on behalf of Partner through Services. The
liability of each party under this Agreement shall be subject to the
exclusions and limitations of liability set out in the legal terms.
Governing law: This Agreement shall be governed by, and is construed in
accordance with, the laws of UK, without giving any effect to any choice of
law and provisions thereof that would cause the application of the laws of
any other jurisdiction.