The following terms shall have the following meanings in these Terms and Conditions, and unless the context suggests otherwise:

1. A reference to the singular includes the plural and vice versa.
2. A reference to a "subject" includes a natural person, legal entity, or unincorporated entity (in each case, whether or not it has legal personality) and such person's personal representatives, successors and permitted assigns.
3. The word "including" is always understood as "including (without limitation)".
4. A "person" includes any individual, corporation, partnership, or any other entity that can sue and be sued, and any legal successor or representative of that person.

Term	Meaning
Affiliate	Any person who owns an Affiliate Website and is entitled to access and use the services.
Affiliate Account	An operational user account on the Platform, issued by the Holder, for an Affiliate to use and access the Platform, who must agree to and accept these Terms and Conditions.
Affiliate Website	The environments and/or channels under the ownership and control of the Affiliate, in which the Affiliate will display the Advertiser's Advertising Content to the End User.
Advertising Content	Any banners or advertisements that are provided and licensed by Advertiser for display on the Affiliate Website in any format, including text, videos, logos, designs, trademarks, copyrights and/or banners and/or graphic advertisements, and including a Tracking Code assigned to it.
Advertisers	Advertisers have contracted to display Advertising Content on the Affiliate's Website.
Interaction/s	The fact that an End User interacts with the Advertising Content on the Affiliate's Website, according to the rules determined by the Tracking Code.
End User/s	Any Internet user who in good faith and lawfully interacts with the advertiser's Advertising Content on the Affiliate's Website.
Tracking Code	The software code and the set of instructions that comprise it, associated with the Advertising Content for the registration of End Users' Interactions with respect to the Advertiser's Content.
Platform	The technological solution or software developed and owned by the Holder and available at http://{client_name}.aftrad-ui.com , including all those programs, routines, patches, plug-ins, emulators, controllers, communication protocols and any other logical resources that are necessary for the correct operation of the technological solution and, consequently, for the achievement of the purpose of these Terms and Conditions used for the provision of the Services.
Services	The services that the Holder, under these Terms and Conditions, provides through the Platform, including the following: Granting of a license to use the Platform. The services and benefits of the Platform are detailed in section THREE of these Terms and Conditions.
Support Services	Maintenance and support services involving preventive maintenance of the Platform, including review to identify possible malfunctions, errors and/or vulnerabilities, as well as identification of possible improvements.
Confidential Information	Any information to which the Parties could reasonably be expected to object for any reason if such information were to become generally known and, in particular, but without limiting the generality of the foregoing words, shall include¸ whether obtained in oral, written, graphic or electronic form, any information relating to the operations, business, customers and/or marketing strategies of the Holder and about the Platform. This Confidential Information shall include the principles of operation of the elements and components of the Platform, business plans, user and customer lists, operating procedures, trade secrets, design formulas and programming code, know-how and processes, computer programs and inventions, discoveries, improvements of any kind as well as any form of technological information, designs, plans, scripts, software, methodologies, work plans, or of any kind related to the Platform.
Intellectual Property Rights or IPR	All Intellectual Property Rights (including, without limitation, those rights of a personal or proprietary nature such as copyrights) that are recognized, now or in the future, by the intellectual property laws of Spain or any other jurisdiction applicable to the case, including without limitation all inventions (and, among them, inventions implemented in the computer sector with or without patent), patents, utility models, industrial designs, semiconductor topography rights, registered or unregistered trademarks and service marks, copyrights, logos, trade and trade names, know-how, domain names and goodwill related thereto, including in each case the ability (if any) (i) to apply for any registration necessary or merely desirable for the purpose of obtaining or protecting such rights anywhere in the world and any registration thereof and (ii) to seek damages or any other remedy for infringement of such rights.
Personal Data	As defined in the personal data protection legislation or similar law or regulation applicable to the use of the Platform.
YOU	Affiliate and Advertiser referred jointly and/or individually.

The Platform is a web marketing application that:

1. Records and measures End User Interactions with respect to the Advertiser's Advertising Content through the Tracking Code; and
2. Sorts, structures and displays the results or traffic from the measurement of Interactions with the retrieval, analysis, classification, storage, processing and presentation of data and reporting of this information.

The elements, features and contents of the Platform and the contents displayed therein are the result of the activity of the components comprising it and are always "as available, configured and technically required", without warranty, whether express or implied, statutory or otherwise, as to the configuration and content thereof and YOU expressly release the Holder and disclaim all representations, warranties, conditions or other terms, whether express or implied, including, without limitation, any warranties, conditions or terms of merchantability, fitness for a particular purpose, reasonable care and skill, non-infringement, satisfactory quality, accuracy or completeness. In no event shall the Holder be presumed to have any obligation of performance or validation or corroboration, by any means or person, of the information presented on the Platform or made available through the Platform.

YOU acknowledge and agree that the Holder is not obliged to verify (although they are entitled to do so) the content and information displayed on the Platform and for the action and/or inaction of End User and third parties, errors or inaccuracies in the registration, measurement, structuring or display, therefore, cannot be held liable for any consequences arising therefrom.

The Platform will have the configuration, in differentiated environments, functionalities and features that are present at any given time. The Holder reserves the right to make any modifications it deems necessary to the Platform, such as, among others, modifications, deletions or alterations in its functionalities, features, technical operation and/or user interface.

An Internet connection and a Java-compatible web browser are required to use the Platform.

YOU will be bound to strict compliance with the set of guidelines for both traffic routing and product offerings or content made available on the Website.

Specifically, the following actions or behaviors are expressly prohibited and may only take place with the express consent of the Holder, or under the terms set forth in these Terms and Conditions, with the imposition of any sanctions or penalties that may be applicable for any breach thereof:

• Self-downloads;
• Exit messages;
• JavaScript alerts;
• Scripts that force pop-under campaigns to appear (including links to stores);
• Mobile applications;
• Pop-up/under landing pages; and
• URL rotation.

Any unauthorized use of the Platform or the website may give rise to a claim for damages and/or constitute a criminal offence. The Holder is not liable to YOU or any third party for the consequences, or circumstances arising for them from any modification, deletion or alteration, to the Platform.

Furthermore, any method used to modify or alter in any way, either artificially and/or fraudulently, the Tracking Code or any End User Interactions is strictly prohibited.

To access the Services offered by the Holder, YOU must complete the form, or "Insertion Order" provided by the Holder and create an Affiliate Account or Advertiser Account (collectively, the "Account").

When creating the Account, YOU must provide valid and complete information, with the terms, conditions, and content requested in the registration form, and you are obligated to keep such information periodically updated. If YOU provide or maintain incomplete, invalid, incorrect, or outdated information, and the Holder has reason to believe that any information provided by YOU is incomplete, invalid, incorrect, or outdated, the Holder may, at its sole discretion, block or delete the Account or deny YOU the use of the Platform.

The Holder reserves the right to require YOU at any time to verify the information provided at the time of registration or at any time thereafter and to request from YOU any documents justifying or substantiating the information provided.

However, the Holder is exempted from any responsibility for the accuracy of the registration data provided by YOU, so YOU will be solely responsible for the consequences, errors and failures that may arise from the lack of accuracy of the data.

YOU agree that the Account and the password associated with it is personal and non-transferable.

The password will be generated by YOU in accordance with the standards of robustness and complexity established from time to time by the Holder. YOU are responsible for its custody and agree not to transfer the use of the password to third parties, either temporarily or permanently. YOU will be liable for any unlawful use of the Platform by unauthorized third parties, due to unauthorized disclosure or loss of the password.

In connection with the foregoing, YOU must immediately notify the Holder any circumstances that allow the misuse of passwords, such as theft, loss, or unauthorized access to them, in order to proceed to their immediate cancellation. As long as such events are not communicated, the Holder shall be exempt from any liability that may arise from the misuse of passwords by unauthorized third parties, to the full extent permitted by law.

YOU shall be liable for any damages that may be caused by a breach of the obligations related to the password or unauthorized access to the Account, especially if such breach causes damage, or misuse of the Platform.

By registering on the Platform, YOU agree and declare the following:

1. YOU are of legal age (over eighteen years of age) and otherwise capable of entering into a legally binding contract;
2. YOU know and are aware of the nature of the Platform, the operation of the same, and in relation to their status, and in particular the scope and consequence of all actions performed in access, navigation, use and enjoyment of the same;
3. When acting on behalf of an entity or organization, YOU are authorized and intend by your actions on the Platform to bind the company or organization on whose behalf you are acting within the meaning thereof;
4. All information or content YOU submit is accurate and complete and that YOU will maintain and promptly update the Account information to ensure its accuracy at all times and YOU are entitled to submit, include or otherwise use it in connection with the Platform;
5. YOU agree to be contacted by email by the Holder, and by third parties if applicable, in connection with your Account and in general any circumstances relating to the Platform; and
6. By using the Services, YOU grant us permission to access the Account.

YOU will immediately inform the Holder of any unauthorized access to the Platform through your Account.

YOU may, at any time, terminate the Affiliate's or Advertiser's Account from the Platform.

The Holder has the right to suspend and delete an Account upon detection of any breach of these Terms and Conditions, without prior notice. YOU shall not be entitled to any refund of any amount, regardless of any other liability that may be claimable against YOU.

In the notification of suspension, the Holder will inform, if applicable, of the conditions for the recovery of the Account and may set a deadline for its correction.

Access to and use of the Platform and any related activity is prohibited, and YOU shall refrain from:

1. Use the Platform in any way that may cause damage, interruptions, inefficiencies or defects in its operation, its functionality or in the computer equipment of the Holder or a third party;
2. Use the Platform for the transmission, installation or publication of any viruses, malicious code or other harmful programs or files, or any action taken through the Platform has this result;
3. Use the Platform in any way that poses a risk to the security of the Holder's clients or other users or promotes or allows hacking in any form or manifestation;
4. Carry out any action that causes a disproportionate or unnecessary saturation in the infrastructure of the Platform or in the systems or networks thereof, as well as in the systems and networks connected thereto;
5. Use the Platform without training for them or illegally, against good faith, morality and public order or against the contractual spirit of these Terms and Conditions and the usual activity that the Holder provides through it;
6. Breach, or attempt to breach, the security measures of the Platform or any client connected to the Platform, or the security or protection measures inherent in the content offered on the Platform; or
7. Prevent the normal development of any activity, in a broad sense, with or without profit, that the Holder or third parties perform on the Platform or any of its functionalities, either by altering or attempting to alter, illegally or otherwise, access, participation or operation of those, or falsifying the result thereof and / or using fraudulent methods of participation, by any means.

Furthermore, YOU undertake and declare that YOU will not use the Platform for purposes other than the usual and proper purposes of the Platform, nor use it in violation of the law or these Terms and Conditions.

Any form of misuse or use contrary to these Terms and Conditions may lead to the suspension or deletion of the Account in accordance with the provisions of section SIX of these Terms and Conditions.

The use and enjoyment of the Platform are associated with the payment of the amounts according to the “Insertion Order”

The amounts will be paid with the periodicity established by in each case, or, if applicable, in the form or "Insertion Order" submitted. To guarantee the payment, YOU will be obliged to keep updated and send, as the case may be, the tax information and bank information necessary for the collection of these charges in the Account, so it must be accurate and complete .

The Holder is not obliged to take steps to verify the accuracy of the bank account information provided.

All amounts payable under these Terms and Conditions shall be paid as stablished in the “Insertion Order”.

All sums payable under these Terms and Conditions shall be exclusive of VAT or similar or analogous taxes or duties which, if any, shall be added at the relevant rate and shall be paid in accordance with applicable law by the obligor. If payments under these Terms and Conditions are subject to withholding tax, the Holder shall be entitled to deduct the corresponding amount from the payments to be made.

YOU acknowledge and agree that the Holder is the Holder of all Intellectual Property Rights on all elements that make up the Platform. YOU will refrain from making and carrying out actions tending to incite, encourage or allow third parties to make and take any action contrary or incompatible with such ownership, nor will YOU attempt to register any Intellectual Property Rights, for themselves or for third parties, on any of the elements of the Platform in any jurisdiction.

In particular, on the Platform, or any element that integrates it, as well as any content that through these is presented, YOU will refrain from:

1. Copying, reproducing, distributing, publicly communicating, sublicensing, transferring, or in any other way commercializing all or part of the same;
2. Adapting or modifying them in any way or use them to create, by itself or through third parties, a derivative work from any of their elements;
3. Modifying, decompiling, creating or attempt to create, by reverse engineering or otherwise, the source code thereof; and
4. Deleting, altering, evading or manipulating any protection device or security system that the Holder has incorporated.

In no case shall it be understood that the mere access, navigation, and use of the Platform by YOU and other users implies a waiver by the Holder of its Intellectual Property Rights, a transfer, license, or assignment, in whole or in part, of the same.

Likewise, YOU acknowledge the ownership of the Holder or any other third parties with respect to all Intellectual, industrial and any other analogous property rights over texts, images, photographs, technologies, trademarks, logos, domain names, computer applications, and any other elements, creations, inventions, or distinctive signs of their property. This includes digital media ("Digital Media"), which is defined, by way of example but not limited to, web portals, mobile portals, mobile applications, tablets and connected TVs related to the web pages or portals of the Holder or the corresponding third party that are the object of the Services.

The Holder grants YOU a temporary, revocable, non-exclusive, non-transferable license to use the elements of the Platform for the duration of your business relationship with it under these Terms and Conditions (for as long as the Account is maintained, until it is suspended or terminated) and for the purpose of the Platform.

By virtue of these Terms and Conditions, YOU shall not obtain or claim any right, title, or interest in the Intellectual Property Rights of the Holder, except the right to use the Platform as specified herein.

The Materials of Affiliates and Advertisers (referred to in these Terms and Conditions as any content or material, of any nature, that YOU enter into the Platform, including, but not limited to: advertisements, campaigns, landers, tags, trademarks, trade names, and/or any advertising and marketing content or material (including trademarks, graphic designs, sounds, images, videos, software, marketing strategy documents, any type of advertising content, keywords, or similar content), as well as any content from websites owned or operated by the Advertiser or Affiliate related to the Services and/or made available to or on behalf of a third party on the Platform in any way) are and will remain solely and exclusively owned by YOU, including all property rights or Intellectual Property Rights thereto. By this means, YOU expressly authorize the Holder at the time of formalization of the Terms and Conditions to use or generally use the Materials of Affiliates and Advertisers that YOU have included in the Platform without the need to obtain additional written approval from the owning party. This authorization or license shall be perfected upon the entry of the Materials of Affiliates and Advertisers into the Platform by YOU or any third party acting on their behalf through your Account and shall have the duration and extent associated with the execution of the purposes for which they were included. YOU represent to have all necessary authorizations or rights to grant the authorization to the Holder and are responsible for any lack or deficiency thereof.

With respect to these Materials, YOU agree that it shall not in any case:

1. Be false or misleading, injurious or unfair;
2. Infringe or violate any Intellectual Property Right, industrial property right or image right of a third party;
3. Damage or adversely affect the operability of a website, digital platform, computer network, operating system or any third party equipment and/or the Platform in particular;

Likewise, the following actions and/or behaviors shall not be, under any circumstances, allowed. In particular, the Advertiser declares and guarantees that its campaigns will not:

• Use copyrighted material (images, landing pages, baselines, logos, color schemes, buttons or text) or any other IPRs without proof of consent or without obtaining the appropriate licenses, assignments of rights or ownership;
• Use spyware, adware, malicious code or distribute in any way harmful programs or programs that could be considered as such;
• Engaging in illegal online activities such as phishing, spoofing, ransomware or spamming;
• Promote non-compliant forms of gambling, sweepstakes or contests of any kind.
• Contain minors, extreme violence, rape, abuse, incest, torture, urination or zoophilia and/or contain adult content, pornographic, sexual or erotic material;
• Include multiple pop-unders;
• They include audits of clicks within the Holder's Website;
• It will not be considered or identified negatively by any of the major anti-virus systems. This applies to both mobile web services (including the URL domain) and mobile applications;
• All products/services, Interactions and End User flows must comply with local laws, as well as all regulations of payment providers, especially mobile operators and credit card processors;
• Promote any kind of incitement to hatred (racial, political, ethnic, religious, gender, sexual, personal, etc.);
• Promote goods, services or activities that are prohibited, and the promotional activity itself does not comply with all applicable laws of the jurisdictions to which the Advertiser's site and/or campaign relates (e.g., laws regulating services and products with special regulations such as alcohol and tobacco);
• Disclose personal or confidential information that is not publicly available, lacks the necessary consents or whose disclosure is unlawful due to other circumstances;
• Promote any type of illegal substance or activity (e.g., how to build a bomb, hacking, phreaking, etc.);
• Contain material that the reasonable public consensus would consider indecent, immoral or otherwise inappropriate;
• Making use of suspicious campaign settings (known fraudulent patterns); and
• Contain links to other sites, applications or any other type of content that presents the characteristics detailed above.

In connection with the foregoing, YOU agree to promptly inform the Holder of all significant changes in the appearance and/or content of your campaign, advertisements and sites, as well as of any Advertising Content you plan to establish on the Affiliate's sites.

YOU are responsible for ensuring that the totality of the campaigns, including your advertisements and, in general, that the Advertising Content complies with these guidelines and conduct. In the event that YOU resort to the collaboration of third parties and/or use pre-existing works of third parties or image rights of third parties, or materials protected by industrial property, for the development of the Materials, YOU must obtain the necessary authorizations and licenses to carry out, in accordance with the uses in the sector, the peaceful dissemination and exploitation of the same with the territorial and temporal scope for the purposes of its availability on the Platform.

YOU agree to safeguard and, except with the Holder's written consent, not to disclose to anyone any Confidential Information acquired in connection with the access and use of the Platform or with respect to the business relationship with the Holder under these Terms and Conditions.

Specifically, YOU will not share, transfer, publish, publish, disclose, display, or make available to any third party any of the Confidential Information, except as expressly provided in these Terms and Conditions. YOU agree to maintain the confidentiality of the Holder's Confidential Information with at least as high a degree of care as YOU use to maintain the confidentiality of your own confidential information (and in no event less than a reasonable degree of care).

YOU shall use reasonable efforts to assist the Holder in identifying and preventing any unauthorized access, use, copying or disclosure of the Confidential Information, or any of its components, algorithms or logic contained therein. Without limiting the foregoing, YOU shall immediately inform the Holder in the event YOU have knowledge or reason to believe that any person to whom YOU have given access to the Confidential Information has violated or intends to violate the confidentiality of the Confidential Information or any other proprietary right of the Holder, and YOU shall, at YOUR sole expense, cooperate with the Holder in seeking injunctive or other equitable relief on YOUR behalf or the Holder against such person.

In particular, YOU are required to enter into confidentiality agreements with any subject or person who has access to YOUR Account, the content of which shall allow to the maximum extent possible the objective protection of the Confidential Information.

YOU acknowledge that disclosure of any aspect of the Confidential Information, may immediately result in continuing irreparable harm to the Holder inadequately compensable in damages as a matter of law, and therefore the Holder is entitled to seek and obtain immediate injunctive relief against the breach or threatened breach of any of the foregoing confidentiality undertakings, in addition to any other legal remedies that may be available.

The Holder may, in accordance with the provisions of these Terms and Conditions immediately suspend or delete YOUR Account and prevent your access to the Platform in case of breach or reasonable suspicion of breach of any of the confidentiality obligations in this clause.

The Holder shall perform at its sole discretion maintenance and assistance involving preventive maintenance of the Platform, including review to identify possible malfunctions, errors and/or vulnerabilities, as well as identifying and making possible improvements. These tasks may entail the modification of the Platform in accordance with these Terms and Conditions.

Likewise, the Holder, in relation to the use of the Platform will support you according to the terms stablished in the “Insertion Order”.

YOU are aware that the support activity is optional for the Holder, at no time the Holder is obliged in form and content to it.

YOU warrant that YOU will fully comply with all of your commitments and obligations under these Terms and Conditions.

In particular, YOU warrant that YOU are the Holder of the Materials and any other elements provided on the Platform or any other websites, or that YOU have the necessary rights to such Materials, including, without limitation, Intellectual and industrial property rights, image rights, and any others, to perform the object of the Services. You also warrant that such Materials do not infringe Intellectual Property Rights, industrial or any other rights of third parties. YOU will hold harmless the Holder for any third-party claims that may arise from the exploitation or use of the Materials.

Furthermore, the Holder shall not be liable, and YOU shall hold harmless against any claims of third parties for infringement of Intellectual Property Rights or any other. Also, in the case of advertising campaigns, Advertising Content, or other services in particular that require the participation of End Users, the Holder shall be released, to the maximum extent permitted by law, from any obligation or liability arising from, but not limited to, loss, damage, injury, accidents, or any other eventualities of a similar nature.

THE HOLDER DOES NOT WARRANT THAT (I) THE PLATFORM OR ANY OF ITS ELEMENTS, NAMELY, BUT NOT LIMITED TO, THE SOFTWARE, THE WEBSITE AND ITS SERVERS WILL BE UNINTERRUPTED, TIMELY, SECURE AND/OR FREE OF COMPUTER VIRUSES AND OTHER HARMFUL COMPONENTS; (II) THERE WILL BE NO ERRORS, BUGS OR INTERRUPTIONS IN THE OPERATION OF THE PLATFORM, THE SOFTWARE, THE WEBSITE AND ITS SERVERS FROM TIME TO TIME; (III) THE PLATFORM, THE SOFTWARE, THE WEBSITE AND ITS SERVERS WILL BE UNINTERRUPTED, TIMELY, SECURE AND/OR FREE OF COMPUTER VIRUSES AND OTHER HARMFUL COMPONENTS; (II) THE PLATFORM, THE SOFTWARE, THE WEBSITE AND ITS SERVERS OPERATE WITHOUT ERRORS; (III) THE PLATFORM, THE FUNCTIONALITIES IT PRESENTS AND THE INFORMATION AND CONTENT IT CONTAINS MEET YOUR BUSINESS NEEDS; (IV) THE DATA AND CONTENT AVAILABLE ON THE PLATFORM ARE FACTUAL, ACCURATE, RELIABLE, CORRECT OR COMPLETE.

YOU WILL IN ANY CASE BE RESPONSIBLE FOR THE COSTS ARISING FROM THE USE OF THE PLATFORM ON THE EQUIPMENT.

IN NO EVENT SHALL THE HOLDER, ITS OFFICERS, DIRECTORS, EMPLOYEES, PARTNERS, LICENSORS AND/OR SUPPLIERS BE LIABLE TO YOU AND/OR ANY OTHER PERSON FOR ANY SPECIAL, INCIDENTAL, INDIRECT, CONSEQUENTIAL AND/OR PUNITIVE DAMAGES OF ANY KIND, INCLUDING THOSE RESULTING FROM LOSS OF PROFITS, USE OF THE INFORMATION OR CONTENT IN ANY WAY, BUSINESS INTERRUPTION, USE OR INABILITY TO USE THE WEBSITE, SOFTWARE AND CONTENT, WHETHER OR NOT FORESEEABLE, NOR FOR ANY DIRECT DAMAGES NOT CAUSED BY A WARRANTY RECOGNIZED IN THESE TERMS AND CONDITIONS.

DUSTED'S MAXIMUM AGGREGATE LIABILITY TO YOU FOR ALL DIRECT DAMAGES ARISING OUT OF THE PLATFORM AND THESE TERMS AND CONDITIONS IS LIMITED TO THE AMOUNT PAID BY YOU TO THE HOLDER UNDER THE BUSINESS RELATIONSHIP UNDER THESE TERMS AND CONDITIONS DURING THE TWELVE (12) MONTHS PRIOR TO THE DATE OF THE CLAIM.

YOU agree to defend, indemnify and hold harmless the Holder, its subsidiaries and affiliates, and each of their directors, officers, agents, contractors, suppliers, partners and employees, from and against any and all losses, liabilities, claims, demands, damages, costs and expenses, including reasonable attorneys' fees, directly or indirectly arising out of or in connection with the breach by YOU, or any third party acting through your Account and/or on your behalf to the Holder, of any term or provision of these Terms or in any way related to your use of the Platform, including, without limitation, any claim that YOU have been infringing any third party rights in connection with these Terms and Conditions.

The Holder may modify the Terms and Conditions stipulated herein, in whole or in part, by publishing any change in the same way in which these Terms and Conditions are provided. The temporary validity of these Terms and Conditions coincides, therefore, with the time of their exposure, until they are modified in whole or in part, at which time the modified Terms and Conditions shall become effective.

However, for modifications refer to the essential conditions of all or part of the services related to the Platform under these Terms and Conditions the Holder shall inform the affected users by direct communication to the email they had informed for this purpose at least fifteen (15) days prior to the date on which they will enter into force such modification. IF YOU DO NOT WISH TO BE BOUND BY THE NEW TERMS AND CONDITIONS, YOU MUST TERMINATE THE AGREEMENT AT LEAST ONE DAY BEFORE THE DATE OF ENTRY INTO FORCE OF THE NEW TERMS AND CONDITIONS BY E-MAIL NOTIFICATION TO THE HOLDER OR IN ANY OTHER FORM THAT WOULD HAVE BEEN PROVIDED IN THE NOTIFICATION OF THE AMENDMENT.

In accordance with the provisions of Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of individuals with regard to the processing of personal data and on the free movement of such data (GDPR) and any other data protection legislation in force, all personal data provided during the use of the Platform will be processed in accordance with the following provisions .

The personal data provided on the Platform or provided through the use of the Platform both by YOU and by the Affiliate or the Advertiser or by the End Users will be processed by the Holder following at all times and scrupulously the instructions that YOU, the Affiliate or the Advertiser indicate to the Holder. In this sense, the Platform Holder shall act as a sub-processor of the Affiliate or Advertiser, which shall imply that the personal data of the Platform shall not be processed by the Holder for any purpose of its own.

Through the Platform, the Holder will provide the Services described in section THIRD of these Terms and Conditions, which may involve a processing of personal data of End Users in which the Holder will act as a sub-processor, being responsible the Advertiser or Affiliate entity. This relationship will be regulated by means of Annex I of these Terms and Conditions, which includes the corresponding data access agreement, in compliance with the provisions of Article 28 of the GDPR.

Notwithstanding the foregoing, each Party is informed that the personal data of its legal representatives or employees included in these Terms and Conditions, or any other data exchanged between the Parties to enable the provision of the Services, will be processed by the other Party for the purpose of enabling the development, performance and control of the contractual relationship.

The basis of legitimacy of the treatment is the execution of the contractual relationship (because, without this treatment, it would not be possible to carry it out). The data will be kept by the Parties for the duration of this agreement. Once this purpose has been achieved, the data will be blocked for the legal limitation periods. Once these periods have elapsed, the data will be destroyed.

The personal data may be communicated by the Parties to the competent Public Administrations and Bodies, for the purpose of complying with their respective legal obligations, in accordance with the regulations in force, as well as, when necessary, to third parties involved in the management of the activities carried out.

The representatives, contact persons and/or employees of the Parties may exercise their rights of access, rectification, deletion, opposition, limitation of processing and portability, by writing to the addresses in the heading.

Likewise, if the representatives, contact persons and/or employees of the Parties consider that their personal data have not been processed in accordance with the data protection regulations, they may file a complaint with the Spanish Data Protection Agency at its website www.aepd.es or at the address C/ Jorge Juan 6, 28001, Madrid.

The headings of the various clauses are for information purposes only, and shall not affect, qualify, or expand the interpretation of these Terms and Conditions.

The Holder is hereby authorized to assign, sublicense, delegate or otherwise transfer any of its rights or obligations under these Terms and Conditions without YOUR prior written consent, provided that the assignee assumes all rights and obligations under these Terms and Conditions.

In the event that any provision of the Terms and Conditions shall be declared void or unenforceable, in whole or in part, by any Court, Tribunal or competent administrative body, such invalidity or unenforceability shall not affect the remaining provisions of the Terms and Conditions.

The failure of the Holder to exercise or enforce any right or provision contained in the Terms and Conditions shall not constitute a waiver thereof, unless acknowledged and agreed to in writing by the Holder.

These Terms and Conditions are governed by Spanish law.

For any questions that may arise regarding the interpretation, application and enforcement of these Terms and Conditions, as well as any claims that may arise in connection with the use, in a broad sense, of the Platform, all interested parties submit, expressly waiving any other jurisdiction that may apply, to the Judges and Courts of Madrid.

To file complaints on the use of the Platform or any question referring to the present Terms and Conditions, you can contact us by mail to the electronic or physical address indicated in the "Contact" section on the Platform, committing ourselves to seek at all times an amicable solution to the conflict.