Adot | Terms and conditions of sale

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Terms and expressions beginning with a capital letter have the following meaning in the Contract:

Buying: means the service of negotiating, buying and reserving Advertising Space carried out by ADOT on behalf of the Customer by means of Real Time Auctions.

Adaptations: with the meaning indicated in Article 6.2.2 of these General Conditions.

ADOT : refers to the company A.MOB, a simplified joint stock company, registered in the Paris Trade and Companies Register under number 801 111 659, whose registered office is indicated in the Order.

Agency : means the advertising agency acting on behalf of the Advertiser under a written mandate of which the Agency shall provide a copy or a certificate of mandate to ADOT upon request. The Agency warrants to ADOT that it has received a mandate from the Advertiser to enter into this Agreement and is duly authorized to do so.

Advertisement : means the commercial or promotional communication medium, including the Layout and, where applicable, the Adaptations, intended to offer directly and/or indirectly the Advertiser's Products or access to the Advertiser's Site.

Advertiser: refers to the natural or legal person who wishes to publish one or more Advertisements as part of a Campaign to promote its Products.

Campaign: refers to all of the Advertisements broadcast at a given period to Users of different Media.

Click: means the operation by which a User actively expresses interest in the Advertisement, by clicking on it with his mouse, his finger (touch screens) or any other means at his disposal, taking into account the interface and the equipment available to him.

Client: refers to the natural or legal person identified in the Order, regardless of their capacity (Advertiser or Agency), who has accepted these General Conditions and wishes to benefit from the Services on their behalf or on behalf of their principal.

General Conditions: means this document.

Contract: refers to the contractual whole consisting of the documents listed in Article 2 of these General Conditions.

Personal Data: means personal data as defined by the Personal Data Regulation.

Publisher: the natural or legal person who publishes the Medium and who offers for sale, directly or through an advertising agency, one or more Advertising Spaces on the said Medium.

Real Time Bidding: means a method of automated purchase of Advertising Space in real time via a computerised bidding system, based on a software platform allowing the optimisation of the purchase and sale of Advertising Space. This method of acquiring Advertising Space makes it possible to target the dissemination of Advertisements according to the profile and interests of each User.

Advertising space: means any space dedicated to the publication of Advertisements on the Medium.

Printing: refers to the display of an Advertisement to a User on a given Medium.

Order: means the document, signed by the Customer and countersigned by ADOT, by which the Customer entrusts ADOT with the performance of the Services. The methods of implementation of the Campaign and its objectives are specified in the Order for information purposes only. The Customer may entrust ADOT with the performance of successive Services by subscribing to several Orders, the execution of which will be governed by these General Conditions as indicated in Article 2 below.

Model: has the meaning indicated in article 6.2.1 of these General Conditions.

Party: means the Client and/or ADOT.

Advertiser's Partners: refers to the Advertiser's service providers who are directly and/or indirectly involved in Personal Data processing operations, whether as data controller or subcontractor, in the name of or on behalf of the Advertiser, under its responsibility, and for whom the Advertiser vouches for their compliance with the provisions of the Contract.

Service : means any task performed by ADOT (or under its responsibility) that is necessary for the performance of its mission under the Agreement. The Services performed by ADOT are described in Article 6 of these Terms and Conditions.

Products: refers to the products and services marketed by the Advertiser on the Advertiser's Site.

Regulation: means any law, ordinance, regulation, decree, code, in particular of the International Chamber of Commerce (ICC), recommendations, in particular of the Autorité de Régulation Professionnelle de la Publicité (ARPP), decision or case law applicable to advertising.

Regulation on Personal Data: means all French legislation applicable to the protection of Personal Data, in particular Law No. 78-17 of 6 January 1978 on information technology, files and freedoms, as amended, and any text(s) that may be substituted for it, applicable regulations, in particular decrees, standards and European regulations, in particular European Regulation 2016/679 of 27 April 2016 (RGPD), as well as deliberations taken by the National Commission on Information Technology and Freedoms (CNIL).

Advertiser's Site : shall mean all data necessary for the publication and exchange of information of an electronic communication medium to which an Ad refers and on which the Advertiser offers its Products for sale, associated with one or more domain names and published under the responsibility and name of the Advertiser, such as in particular an Internet site, a mobile site, a mobile application, social network pages, landing pages, etc.

Medium: means any website, including the Advertiser's Site, as well as any mobile site and/or mobile application of a Publisher, on which the Advertisement is broadcast to the User who browses it.

Trackers: refers to trackers and/or equivalent technologies, namely HTTP cookies, "local shared objects " sometimes called "Flash cookies", "local storage" implemented within HTML 5, identifications by calculation of the terminal's footprint, identifiers generated by operating systems (IDFA, IDFV, Android ID, etc.), hardware identifiers (MAC address, serial number or any other identifier of a device), etc., used alternatively or cumulatively

User: refers to any Internet user or mobile user browsing the Support and to whom the Advertisement will be broadcast.

The Contract consists of the following documents:

These General Conditions ;
The Order(s) signed by the Client.

Acceptance of any Order by signature by the Client shall constitute acceptance of the General Conditions.

In case of contradiction between the General Conditions and any other contractual document, the General Conditions shall prevail, unless expressly stated otherwise.

The Contract shall prevail over any contrary or additional provisions contained in any quotation or similar communication exchanged between the Parties during its negotiation or execution, unless such provisions have been expressly agreed in writing by the Parties.

ANY changes that the Parties wish to make to the provisions of the Contract must be made by an amendment signed by the authorised representatives of the Parties.

The Agreement defines the conditions under which ADOT provides the Customer with the Services ordered in accordance with the Order(s).

This Agreement shall take effect on the date of signature of the Order by the Client, and/or, if necessary, of the General Terms and Conditions and/or, if necessary, on the date of receipt by ADOT of the Order signed by the Client and marked "Good for Agreement" (the earlier of these two dates corresponding to the effective date of this Agreement).

It is concluded for the duration of the commercial relationship between ADOT and the Customer, except in the case of early termination under the conditions provided for in Articles 10 and 15 of the General Conditions.

The obligation of confidentiality stipulated in Article 14 of the General Conditions shall continue for the period stipulated in that Article as from the termination of the Contract, for whatever reason.

The non-solicitation obligation stipulated in Article 17.2 shall continue beyond the end of the Contract, for the duration stipulated in that Article.

The obligations of the Customer are as follows:

To pay ADOT all sums due for the performance of the Services in accordance with ADOT's invoices, in accordance with the terms of Article 10 below;
Provide ADOT with all information and data, of any nature whatsoever, which the Client has and which are under its control, and which may contribute to the proper performance of the Services;
To comply with applicable legislation, in particular with regard to advertising, in particular the Regulations, as well as with regard to competition, intellectual property and respect for privacy, in particular the Regulations on Personal Data.

The Services provided by ADOT in the course of its business are set out below.

However, all the Services that ADOT undertakes to perform on behalf of the Client are set out in the Order(s).

ADOT's remuneration for each of these Services, taking into account the specificities of the latter, is specified on an indicative basis in the Order according to the provisional budget indicated and on a definitive basis in ADOT's invoice, it being specified that some of these Services may be carried out free of charge by ADOT.

ADOT undertakes to purchase Advertising Space(s) on behalf of the Customer, in accordance with the Campaign plan previously defined between the Parties as indicated in the Order.

The Campaign Plan includes
- The implementation period of the Campaign ;
- The Campaign budget ;
- The performance objectives of the Campaign (the target acquisition cost of the Advertising Space, the number of Impressions or Clicks, etc.);
- The formats of the Advertisements broadcast within the framework of the Campaign ;
- The type of device(s) used by the Users targeted by the Campaign.

ADOT will use its best efforts to adhere to the Campaign Plan.

Nevertheless, the information on the Campaign plan in the Order constitutes an obligation of means for ADOT, in particular with regard to the performance objectives, to the exclusion of the maximum budget of the Campaign which constitutes an obligation of result.

The Client undertakes to submit the layout of the Advertisement to ADOT in digital format (HTML, images, Photoshop file, etc.) (hereinafter referred to as the " Layout ") no later than two (2) working days before the start of the Campaign.

The Client shall submit the artwork in accordance with any technical specifications required by ADOT (regarding the format of the Advertisement, its size, weight, animation, etc.) and specified in the Order.

In the event of failure to comply with the deadline for the submission of the Ad Mock-up and/or the technical specifications, ADOT shall not be held responsible for the failure to implement the Campaign within the timeframe specified in the Order.

ADOT will make any necessary changes to the Ad for distribution on the Media:

On a technical level, ADOT will proceed with the HTML code of the Ad;
From a creative point of view, ADOT will proceed, as needed, to any graphic layout of the Advertisement or, if necessary, to its adaptation, based on the artwork provided by the Client in accordance with article 6.2.1 above (hereinafter the " Adaptations").

Any Adaptation of the Advertisement will be validated by the Client before the beginning of the Campaign, unless the Client agrees otherwise in writing, at the latest within two (2) working days from the transmission of the Adaptations by ADOT.

If the Client fails to return the Adaptations with reservations within the aforementioned period, they shall be deemed to have been validated by the Client by operation of law.

ADOT will carry out all operations necessary for the effective distribution of the Advertisement on the Medium to the target Users as specified in the Order.

At the end of the Campaign and in accordance with the legal and regulatory rules in force, ADOT will send the Client a report on the execution of its Services as well as a statistical assessment of the results of the Campaign.

The Client will receive this information in the form of digital files (Excel, pdf, PowerPoint, etc.).

The Client, if it is an Agency, shall be responsible for its accountability to the Advertiser in accordance with the legal and regulatory rules in force.

ADOT will invoice the Client for its fees corresponding to the actual results of the Campaign, payable in accordance with the terms and conditions set out in Article 10 below.

Does not contravene any applicable law, rule or regulation (including the Regulations) and does not contain any defamatory, offensive or otherwise damaging imputation or reference to any identified or identifiable third party;
Does not infringe, whether intentionally or not, directly or indirectly, the intellectual property rights of third parties, and in particular the rights of trademarks, patents, designs and models or copyright and related rights;
Does not infringe the image rights or other personality rights of the persons appearing or mentioned in it, and that it complies with the Regulations, and in particular complies with the rules on comparative advertising, the prohibitions, restrictions or constraints on advertising for tobacco, alcohol or other regulated products, and does not constitute misleading advertising or an act of unfair competition or parasitism;
Is presented as an advertisement and that the Advertiser is clearly identifiable by the User;
Is not likely to damage the reputation of ADOT and/or the Publisher of the Material.

The Client undertakes to ensure that the advertising message contained in the Advertisement is fair, honest, truthful and complies with the principles of fair competition and more generally with the Regulations.

The Customer shall ensure that the Advertisement Template communicated to ADOT in accordance with article 6.2.1 above is free of viruses or other malicious software that could damage, interfere with or suspend access to the services, data and/or the display of the Advertisements or harm the User's browsing.
The Customer agrees to assume sole responsibility for and indemnify ADOT for all claims, complaints, actions and demands of any kind arising from such breach or failure, including in relation to the dissemination of the Advertisement.
The Customer shall indemnify ADOT for all direct and indirect damages resulting from such violations and/or breaches.
The guarantee covers in particular all damages, costs or fines to which ADOT may be exposed, and extends to any legal costs, including irreducible costs and expenses.

7.3 ADOT reserves the right to refuse any Ad, in particular due to the nature of the advertising message and/or the activity of the Customer and/or the lack of sufficient financial guarantee from the Customer and/or the potentially litigious nature of the Ad, without having to justify the reason for its refusal, it being specified that such a refusal does not give rise to any right to compensation for the Customer. In the same way, the Customer is validly informed that the Publishers can refuse for the same reasons the broadcasting of an Ad and/or a Campaign. In this case, ADOT will inform the Customer of its refusal and/or that of the Publishers within a reasonable time.

In order to allow the execution of the Services, the Client grants, free of charge, to ADOT who accepts it, a non-exclusive licence:

the company name, commercial name(s), sign(s), domain name(s), brand(s), and more generally the distinctive signs of the Client necessary for the performance of the Services;
of the Design, in all its components, including text, drawings, images, sounds and any other content;
the Advertiser's Site, in all its components, in particular the web pages, referencing pages, source codes, etc. necessary for the execution of the Services.

The licence rights thus granted shall be understood by :

the right to use and exploit them;
the right to reproduce in as many copies as ADOT deems necessary, in particular with respect to the Advertisements, on the Media and by any means, existing or future, and on any media known or unknown on the date of this Agreement. The right to reproduce includes, without limitation, the right to digitize, the right to download all or part of the Ads, temporarily or permanently, on online digital networks, such as the Internet or the Intranet, without this list being restrictive;
the right to represent and/or publish the Advertisement by all existing or future processes and on the Media.
the right to adapt the Ad, (including the right to modify, enhance, correct, arrange, decompile, reverse engineer, simplify, add to, integrate with pre-existing or future systems, transcribe into another computer language, or translate into another language, create derivative works, upload to any other equipment, or create derivative works).

This licence is granted for the period of the Campaign as indicated in the Order, and for the whole world.

If necessary, ADOT will be authorized to retrocede all or part of the assigned rights to third parties for the sole purpose of broadcasting the Advertisement.

In order to allow the execution of the Services, ADOT grants to the Customer, who accepts it, a non-exclusive license on the Adaptations, for the sole purpose of the execution of the Services.

The licence rights thus granted shall be understood by :

the right to use and exploit them;
the right to reproduce in as many copies as the Customer deems necessary, on the Media and by any means, existing or future, and on any media known or unknown on the date of this Contract. The right of reproduction includes, without limitation, the right of digitisation, the right to download in whole or in part, temporarily or permanently, onto online digital networks, such as the Internet or Intranet, without this list being exhaustive;
the right of representation and/or publication by all existing or future processes and on the Media;
the right of adaptation, (including the right to modify, enhance, correct, arrange, decompile, reverse engineer, simplify, add to, integrate with pre-existing or future systems, transcribe into another computer language, or translate into another language, create derivative works, load onto any other equipment, or create derivative works).

This licence is granted exclusively for the period of the Campaign as indicated in the Order, for the whole world.

The Customer shall not, under any circumstances, make available to a third party, including direct competitors of ADOT, directly or indirectly, all or part of the Adaptations, by any means and shall refrain from any use other than that granted by these General Terms and Conditions.

In particular, the Customer is expressly forbidden, directly or indirectly, including by any third party, by any means, to (or attempt to), without this list being restrictive, copy, reproduce, including to make a backup copy, modify, correct, adapt, translate, arrange, disseminate, transfer, distribute, decompile, grant a loan, lease, assignment or any other type of availability by any means whatsoever, including via the Internet, disseminate or market free of charge or for a fee, etc., all or part of the Adaptations and, in general, alter them in any way whatsoever, including the mentions of ownership (copyright). The user is not permitted to compile, lend, rent, transfer or make available in any other way whatsoever, including via the Internet, to distribute or market free of charge or for consideration, etc., all or part of the Adaptations and, in general, to alter them in any way whatsoever, including the copyright notices.

The license thus granted by ADOT to the Customer does not entail any transfer of intellectual property or other rights to the Customer.

Requests for changes to an Advert and/or the terms and conditions of the Campaign by the Client following the Order may only be made under the following conditions:

The request must be sent by the Customer to ADOT by e-mail and will only be implemented after agreement from ADOT;
In the event that this modification implies a modification of the Campaign's budget, it will be the subject of a new Order which will cancel and replace the previous one.

The execution of an Order in progress cannot be cancelled by the Client without the payment by the Client of an indemnity, the amount of which is determined below.

In the event of cancellation of one or more Campaigns or in the event of a downward modification which is automatically considered as a cancellation (such as: a reduction in the duration of the Campaign or a reduction in the budget of the Campaign), the Client must notify ADOT by registered mail with acknowledgement of receipt within five (5) days from the date of the decision to cancel. The Client is then liable for the following penalties (from the date of receipt of the request):

If the cancellation occurs more than ten (10) working days before the start date of the Campaign: the Client is liable for a penalty of ten percent (10%) of the amount excluding tax of the Campaign referred to in the cancelled Order;
If the cancellation is made less than ten (10) working days before the start date of the Campaign: the Client is liable for a penalty of fifteen percent (15%) of the amount excluding tax of the Campaign referred to in the cancelled Order;

Once the Campaign has started: the Client is liable for the actual amount of the Campaign as broadcast on the date of its cancellation, and for the penalty stipulated above in the event of cancellation less than ten (10) working days before the start date of the Campaign.

Each Party acknowledges that the nature of the Services covered by the Contract requires active, positive and respectful cooperation and a climate of mutual trust between the Parties.

Each Party thus undertakes to :

perform in good faith its obligations under this Contract;
use its best efforts to facilitate the exchange of information of any kind whatsoever, and thus provide the other Party, as soon as possible, with the documents, information and elements of which it has knowledge, which are necessary or useful to the other Party and/or which may have an impact on the proper performance of the Contract; and
respond promptly to any questions posed by the other Party.

In the event that changes are made during the course of the Campaign, the Client undertakes to notify ADOT as soon as possible of the modified elements.

The prices indicated in the Order and/or in the invoice sent by ADOT to the Client at the end of the Campaign are expressed in euros, exclusive of tax and inclusive of all taxes.

Unless otherwise expressly agreed, payment of any invoice shall be made by the Customer, by bank transfer or bank cheque, within thirty (30) days from the date of issue of the invoice by ADOT.

Any delay in payment, for whatever reason, will result in the application of penalties equal to the interest rate of the European Central Bank at its most recent refinancing operation, increased by ten (10) percentage points.

In addition, in accordance with the provisions of Articles L. 441-9, L. 441-10 and D. 441-5 of the French Commercial Code, any delay or failure to pay on the due date shall automatically result in the application of a fixed legal indemnity of forty (40) euros for collection costs, in addition to the applicable late payment penalties.

If the Customer fails to meet its payment obligations, ADOT may, fifteen (15) days after having given the Customer formal notice to perform its obligations by registered letter with acknowledgement of receipt which has remained unsuccessful, suspend the Services or terminate the Contract by operation of law without further formality.

In the event of early termination of the Contract to the detriment of the Customer, all sums remaining due by the latter at the date of such termination shall become immediately payable, independently of any damages to which ADOT may be entitled.

In the context of the performance of the Services and for their execution, the Parties declare and acknowledge that ADOT alone determines the means and measures as well as the purposes of the processing of Personal Data carried out, in particular the following purposes

The purchase of Advertising Space(s) on one or more Media on behalf of the Client in accordance with the Campaign plan;
Carrying out the targeting of one or more Advertisements on one or more Media on behalf of the Client in accordance with the Campaign plan;
The broadcasting of one or more Ad(s) as part of the Client's Campaign(s) on one or more Media;
The production on behalf of the Client, from the Personal Data processed by ADOT in the context of the performance of the Services/execution of this Contract, of the report relating to the execution of the Campaign as specified in Article 6.3 above.

In this context, ADOT must be qualified as the controller of the processing relating to the creation, dissemination and management of the Campaigns as soon as it determines, according to its own professional expertise, the "essential means of processing", namely the type of Personal Data that are processed, the duration of the processing, the categories of recipients and the categories of persons concerned, etc, in particular with regard to the V.2.0. guidelines adopted by the European Data Protection Committee (EDPS) on 7 July 2021 and concerning the concepts of controller and processor within the meaning of the GDPR.

However, the performance of the Services requires the installation of Trackers on the Advertiser's Site, for example for the preparation of a report on the execution of the Campaign by ADOT on behalf of the Client. In this context, the Parties acknowledge that they are to be considered as joint data controllers, in accordance with the Personal Data Regulation, in particular Opinion 2/2010, adopted on 22 June 2010 by the G29, on online behavioural advertising insofar as :

ADOT controls the purposes and means of the aforementioned processing, which consists of using the Personal Data of the data subject for the performance of the Services, as joint controller;
The Advertiser acts as joint controller and remains the sole direct contact for the data subject on the Advertiser's Site.

ADOT undertakes to act in accordance with the Personal Data Regulation in the context of the implementation of the Services and its obligations as a data controller.

In particular, ADOT undertakes to ensure that the Personal Data collected are :

Processed lawfully, fairly and transparently in relation to the data subject (lawfulness, fairness, transparency);
Collected in compliance with the prior information of the persons concerned, i.e. which precisely detail the conditions of data entry, their use and distribution, in particular the collection of Personal Data within the framework of the Services as well as the use of the latter;
Collected for the above purposes (Article 12.1) and not further processed in a way incompatible with those purposes.

In the context of the performance of this Agreement, the Advertiser authorizes and mandates ADOT to access the information collected through the use of Trackers made available to the Advertiser by ADOT and placed on the Advertiser's Site by the Advertiser and/or by the Agency on behalf of the Advertiser and/or on the Ad by ADOT.

In accordance with the Personal Data Regulation, in particular the case law of 29 July 2019, C-40/17, Fashion ID GmbH & Co. KG v Verbraucherzentrale NRW eV of the CJEU, and the deliberations 2020-091 and 2020-092 of the CNIL, the Advertiser is responsible for providing the data subjects with the information required by Article 12 et seq. In this respect, the Client undertakes to provide the data subjects with clear, precise, exhaustive, easily accessible and understandable information concerning the processing of their Personal Data, subject to their consent, by ADOT for its processing purposes.

The Advertiser undertakes to mention ADOT in the list of recipients of Personal Data and to make it accessible at the time of the collection of the consent of the persons concerned, as well as its purposes of processing as mentioned in article 12.1 and to make accessible a link to its privacy policy. The Advertiser undertakes to expressly mention ADOT as a partner at the time of the collection of consent as well as in its privacy policy accessible from the Site.

The Advertiser communicates to ADOT its privacy policy, which includes clear and complete information to the persons concerned, in particular on the methods of collection and processing of their Personal Data, the purposes of such processing (in particular, on the fact that such Personal Data may be processed for profiling purposes).

Pursuant to the Personal Data Regulations, Trackers require consent and cannot be deposited or read on the terminal of a person who has not given consent. However, these Trackers (in this case first party) are essential to the performance of the Services by ADOT.

Therefore, the Advertiser declares and guarantees that it collects the consent of the persons concerned for the deposit of the Trackers useful for the performance of the Services, under the terms and conditions of the Regulation on Personal Data, and in particular Deliberation No. 2020-091 of 17 September 2020 adopting guidelines relating to the application of Article 82 of the amended Act of 6 January 1978 to read or write operations on a user's terminal (in particular "cookies and other tracers") and Deliberation No. 2020-092 of 17 September 2020 adopting a recommendation proposing practical methods of compliance in the event of recourse to "cookies and other tracers".

The Advertiser is able to provide certain, individual and time-stamped proof of the collection of consent from the persons concerned and to demonstrate that the mechanism put in place, where applicable by a third party, to collect consent has all the characteristics required to collect valid consent (free, specific, informed and unambiguous) and complies with the contractual obligations of the Advertiser under these GTCs and the legal obligations of the Advertiser under the Personal Data Regulations.

The Advertiser shall, where applicable, pass on the obligations set out in this article to the service provider(s) to whom it has subcontracted all or part of the collection of the consent of the persons concerned in relation to cookies linked to the Services.

It is specified that ADOT is authorized to use the information coming from the Plotters (including the Personal Data), by possibly cross-checking them with other information previously held by ADOT, such as those which could have been entrusted to it by the Advertiser, for the exclusive purpose of carrying out the Services, unless otherwise agreed. Any cross-referencing of information by ADOT will be done in compliance with the Personal Data Regulations and under ADOT's exclusive responsibility.

The Personal Data processed in the context of the execution of this Agreement may be used by ADOT exclusively for the purposes referred to in Article 12.1.

The Personal Data processed in the context of the execution of this Contract are kept for a period strictly necessary for the purposes pursued and are deleted at the end of this period.

The Parties mutually undertake to assist the other Party, by means of appropriate technical and organisational measures, in its responses to requests for the exercise of rights provided for in the Personal Data Regulations which the Users concerned may submit to it, as well as, more generally, for compliance with the said Personal Data Regulations, in particular in advising on the implementation of Campaign targeting or in assisting with the carrying out of impact analyses relating to data protection. Each Party therefore undertakes to ensure that its confidentiality policy indicates to the persons concerned the procedures for exercising their rights.

The Parties acknowledge and guarantee that they shall implement the appropriate technical, logical and organisational measures to preserve the security, confidentiality and integrity of the Personal Data being processed in the context of the performance of this Contract and in particular to protect it against any accidental or illicit access, modification, disclosure or destruction by unauthorised persons, as well as against any form of illicit processing.

The Parties also undertake mutually to :

To assist the other Party in its obligation to guarantee the security of the processing of Personal Data resulting from the execution of the Services, and in particular ;
Assist and inform each other of their obligation to notify the Commission Nationale Informatique Liberté (hereinafter the "CNIL"), in the event of a proven breach in the security of Personal Data, where such notification obligation is incumbent on them under the Personal Data Regulation;
Designate, if applicable, the Party that will be responsible for informing data subjects in the event of a breach of Personal Data or of security breaches allowing undue access to Personal Data;
For processing of Personal Data presenting a too high level of risk, to carry out impact assessments and to assist the other Party in carrying out these assessments.

Each Party shall ensure that any transfer of Personal Data to a country outside the European Union is carried out with a level of protection equivalent to the requirements of the Data Protection Regulation. To this end, each Party shall ensure the presence of a protection mechanism for the data transmitted.

Each Party undertakes to keep a detailed and regularly updated register of the processing operations it undertakes under this Contract.

In accordance with the Personal Data Regulation, each Party guarantees that one or more Data Protection Impact Assessments (DPIAs) have been carried out for the processing operation(s) they carry out which present a sufficiently high level of risk to require such a DPIA under the Personal Data Regulation.

The Advertiser is strictly forbidden, except with ADOT's prior consent, to insert and/or use Tracers in the Ad intended to be broadcast on the Medium.

In the event of a written request from the Advertiser for the insertion and/or use of Trackers for the purpose, in particular, of behavioural targeting, the Advertiser will make the said Tracker available to ADOT and, in this respect, the Advertiser, as data controller, undertakes to comply with and to ensure compliance by the Advertiser's Partners with the Personal Data Regulations in every respect.

To this end, the Advertiser or the Advertiser's Partner undertakes, prior to any request for insertion and/or use of Trackers by ADOT on behalf of the Advertiser, to expressly inform ADOT of the following information:

The Advertiser's Partner wishing to register the tracker and its adherence to the IAB (Interactive Advertising Bureau) or any other technical standard that may be substituted for it;
The technical characteristics of the registered plotters ;
The type of information collected through trackers ;
The purpose of collecting information through Plotters ;
The recipient(s) of the information collected through the Tracers ;
The duration of the Tracers' life on the Users' terminal (it being specified that the Tracers deposited shall not be kept on the Users' terminals beyond the legal duration of the Tracers' life in accordance with the applicable regulations;
The place where the Personal Data is hosted and stored;
Its privacy policy.

The Advertiser and/or the Advertiser's Partners guarantee to comply with the following obligations:

Membership in the IAB (Interactive Advertising Bureau), or any other technical standard that may be substituted for it, of the Advertiser's Partners who will participate in the deposit of Trackers (it being specified that the deposit of Trackers must be carried out by an entity that has joined the IAB);
Compliance with the technical signals in version V.2 of the IAB Transparency and Consent Framework TC String, or any other standard that may be substituted for it, relating to the User's consent or refusal to deposit/read Tracers for the various purposes and the interpretation of any absence of signal or any signal of poor quality as a refusal to deposit Tracers;
The prohibition of the use of Personal Data to enrich a DMP (Data Management Platform) or any database of the Advertiser and/or the Advertiser's Partners;
The prohibition of any cross-referencing with other data that the Advertiser and/or any of the Advertiser's Partners may hold directly or indirectly, in particular for the purpose of advertising targeting;
The guarantee that the conditions for hosting Personal Data comply with the security and confidentiality requirements of the applicable regulations;
Keeping evidence of compliance with these obligations.

ADOT may, at any time and by any means, check the Advertiser's and/or any Partner of the Advertiser's compliance with the conditions of deposit and/or reading of the Tracers and any data derived therefrom in order to ensure that the Advertiser complies with the Personal Data Regulations, the rules relating to the application of the TC String of the IAB Transparency and Consent Framework and the obligations of the present General Conditions. Thus, the Advertiser undertakes to transmit, at ADOT's request and as soon as possible, any element allowing to demonstrate that the Advertiser and/or any Partner of the Advertiser concerned respects the obligations provided for in this article and to take any useful step to put an end to the possible breaches identified by ADOT.

In the event that the Advertiser and/or any of the Advertiser's Partners fail to comply with the above obligations, ADOT reserves the right to temporarily suspend, if necessary until the Advertiser and/or the Advertiser's Partner concerned comply fully and/or to cancel the programming of the Campaign concerned but also of any new Campaign by requiring the Advertiser to pay the full amount of the said Campaign. ADOT reserves the right to assess the appropriateness, as a last resort, of terminating the Contract. It is specified that the Advertiser shall not be entitled to claim any compensation in such a case and that ADOT shall not be held responsible for any direct and/or indirect damage that may result for any person from the presence or use of the Trackers or behavioral targeting technologies integrated into the Advertisements in contravention of these provisions. The same shall apply in the event of malfunctioning related to the Trackers placed by the Advertiser and/or any Partner of the Advertiser.

To this end, the Advertiser shall indemnify ADOT against any claim and/or action by third parties based on non-compliance with the above provisions, including any recourse by Users and/or Partners of the Advertiser.

It is expressly agreed that ADOT's obligations resulting from the subscription of the Order by the Client are only of means.

ADOT will use its best efforts to achieve the objectives of the Campaign set out in the Order, without this constituting an obligation of result, subject to the provisions of Article 6.1 set out above.

ADOT shall not be liable as an advertising intermediary, particularly in the event of difficulty or impossibility of accessing or viewing the Advertisement, or in the event of the Publisher's refusal to display the Advertisement on its Media.

ADOT shall not be liable for any fault or negligence on the part of the Customer or any third party.

ADOT's liability is limited to direct damages suffered by the Customer, excluding any indirect damages, whatever their nature, which are not a direct consequence of the failure to perform its obligations under the Contract, such as, in particular, any loss of profit, loss of opportunity, loss of results, loss of data or damage to reputation.

The total amount of compensation due shall not, in any event, exceed the total amount actually paid by the Client to ADOT in respect of each Order.

ADOT's liability cannot be invoked more than one (1) year after the date on which the alleged facts occurred.

The Parties agree that the above limitations of liability are reasonable and proportionate to the risks incurred and the benefits derived from the Contract for each of the Parties, and that they are the counterpart of the agreed conditions, in particular financial conditions.

During the performance of the Contract, the Parties shall exchange confidential information (hereinafter " Confidential Information ").

In particular, the following shall be considered confidential information

the results of the Campaign as referred to in Article 6.3 above;
in general, any information of any kind (financial, economic, strategic, commercial, technical, legal, etc.), whether or not it is protected, in any form or medium whatsoever (in documentary, model or other tangible or intangible form; communicated orally or by demonstration, presentation or other means).), whether protected or not, in any form or medium whatsoever (in documentary, model or other tangible or intangible form; communicated orally or by demonstration, presentation or any other means), concerning the activities of either Party or its affiliate(s), transmitted and/or made accessible to the other Party or its affiliate(s) in the context of the negotiation and/or performance of this Contract, directly or through a representative or legal counsel.

The information referred to in this Article shall also include know-how relating to the activity of each Party that is not publicly known at the time of signing the Contract.

The Parties undertake to maintain the confidentiality of the Confidential Information throughout the duration of the Contract and for a period of five (5) years following the termination of the contractual relationship between the Parties, whatever the cause, and to take all measures to this end.

The Parties hereby undertake to:

to take all necessary measures to protect the confidentiality of the Confidential Information;
not to disclose the Confidential Information, by any means and for any purpose whatsoever, to any third party whatsoever, with the exception of members of their staff who are required to participate in the performance of the Services and to the extent strictly necessary for this purpose and after having informed them of the confidential nature of this information;
not to use the Confidential Information of the other Party for any purpose other than the performance of the Services/the execution of this Agreement;
not to make any copy, other than for technical purposes, of all or part of the Confidential Information in any form or medium whatsoever.

The Parties shall strictly limit access to Confidential Information to those persons who are under their direct responsibility, who are responsible for the performance of their obligations (employees or agents, collaborators, etc.) and who are bound by an obligation of confidentiality at least as binding as that assumed under the Contract.

Each of the Parties is responsible for the compliance of its employees, agents, collaborators and/or subcontractors with this obligation.

Any Information disclosed or learned under this Agreement shall be considered by the Parties as confidential, and by ADOT as a business secret within the meaning of Article L. 151-1 of the French Commercial Code, unless it can be proved that it falls within one of the cases mentioned below:

is, at the time of disclosure, in the public domain or would subsequently become so through use, publication or other similar act, through no fault of either Party; for greater certainty, Confidential Information is not in the public domain even if (i) one or more of its components is in the public domain or (II) all of its components can be separately found in the public domain; or
were provided to the Parties by a third party who has a right to disclose them and who did not receive them in confidence; or
are expressly designated as non-confidential by the Party that transmitted and/or made them available; or
are already known prior to any disclosure by either Party and which were not subject to the obligation of secrecy under any other confidentiality agreement or undertaking; or
one of the Parties must disclose in response to a valid order from a court or a state or equivalent authority (tax authorities, etc.), provided that the Party concerned informs the other Party in writing, in advance where possible or otherwise as soon as possible, and co-ordinates with the other Party in order to limit the extent of such disclosure.

Nevertheless, the Customer authorizes ADOT to communicate the information concerning him to the possible subcontractors referred to in article 17.4 of the Contract in the context of the execution of the Services.

Upon expiration or termination of the Agreement, each Party holding Confidential Information belonging to the other Party undertakes to destroy all copies and to return to the other Party its Confidential Information, upon first request.

Notwithstanding the provisions of Article 10.4 above, in the event of a breach by one of the Parties of any of its obligations under this Contract, the Parties undertake to enter into discussions in good faith with a view to seeking an amicable solution.

If no amicable solution is found within a reasonable period of time with regard to the breach observed, the non-defaulting Party may send a formal notice to the other Party, by registered letter with acknowledgement of receipt, to comply with its obligations as indicated in this Contract, within a period of fifteen (15) days from the date of dispatch of the formal notice.

In the event that this letter of formal notice remains unfruitful, the other Party may, thirty (30) calendar days after having given formal notice to perform its obligations by registered letter with acknowledgement of receipt, terminate all or part of the Contract, without waiving any damages and interest to which the injured Party may be entitled.

In the event of termination, the Parties undertake respectively to perform the present Contract during the said period of notice, the date of dispatch of the above-mentioned registered letter being taken as proof.

17.4 The audit shall take place during the Customer's business hours. ADOT shall use its best efforts not to disrupt the Customer's business. For its part, the Customer shall allow the auditors access to its office(s), cooperate fully with them and provide them with all necessary information. The Client shall also provide ADOT with access to information necessary for the audit. If the audit is carried out by a third party, the latter shall be subject to a confidentiality undertaking by ADOTMOB if required by the Client.

In the event that the audit reveals a breach of the Customer's obligations, the Customer shall implement, at its own expense, the necessary corrective measures within eight (8) days of ADOT's notification of such breach.

Unless otherwise provided for in these General Terms and Conditions, all correspondence between ADOT and the Customer is exclusively by e-mail.

The Customer acknowledges and agrees that the information delivered by ADOT by e-mail is binding between the Customer and ADOT. The elements contained in the e-mails or as authenticated by ADOT's computerized procedures (such as the time of receipt or transmission as well as the quality of the data received) will be deemed authentic, unless the Customer proves otherwise in writing.

The scope of proof of information thus delivered and exchanged by electronic mail is that granted to an original in the sense of a written paper document, signed by hand (Article 1365 of the Civil Code).

The Client shall not directly or indirectly solicit ADOT's employees with a view to offering them a contract of employment and/or the performance of services during the entire term of the Contract and for a period of two (2) years following the end of the contractual relationship between the Parties, regardless of the cause thereof.

The Customer authorizes ADOT to mention the existence of the Contract and the relationship between the Parties, as a commercial reference, in the promotion of its activity, on all media, including digital and analog, and in particular its website(s) and mobile application(s), for the duration of the Contract.

Each of the Parties expressly accepts that the other Party may assign, transfer or contribute in any form whatsoever (including through the assignment of its corporate rights) to another company belonging to the same group as it or to a company that controls or is controlled by one of the Parties, all or part of its rights and obligations under the Contract. The Parties hereby agree to such a substitution, which shall take effect either upon notification of the transaction by registered letter with acknowledgement of receipt by the assigning Party to the assigned Party, or when the latter takes note of the assignment. This assignment shall release the assignor from its obligations towards the assigned Party for the future, which the latter expressly accepts.

ADOT is free to subcontract all or part of the Services and to use any intermediary service provider and third party of its choice without being obliged to inform the Customer, provided that it remains the Customer's sole contact for all matters relating to the proper performance of the Contract.

The fact that one of the Parties does not avail itself of a right or a failure by the other Party to comply with any of its rights or obligations under the Contract shall not be interpreted as a waiver of the right or obligation in question for the future.

The Parties may not be held liable for a breach of any of their obligations under the Contract resulting from the occurrence of a case of force majeure as defined in Article 1218 of the Civil Code, provided however that the Party invoking such a case notifies the other Party of its existence as soon as possible, that it does its best to limit the consequences and finally that it resumes performance of the Contract immediately after the case of force majeure has disappeared.

The Parties shall then meet within ten (10) days, unless this is impossible due to force majeure, to examine the impact of the event and agree on the conditions under which the performance of this Contract shall be continued.

In the event that the case of force majeure lasts for more than one (1) month, this Contract may be terminated by the Party that is the victim, subject to notification to the other Party by registered letter with acknowledgement of receipt as soon as possible. The termination of the Contract will take effect upon receipt of this notification, without either Party being able to claim any compensation or damages.

If any provision of the Contract is declared null and void in application of a law, regulation or judicial decision, it shall be deemed unwritten.

In this case, the Parties shall negotiate in good faith a clause which comes as close as possible to the legal and economic effects of the invalid provision.

The fact that one of the Parties does not avail itself of a breach by the other Party of any of its obligations referred to in this Contract shall not be interpreted for the future as a waiver of the obligation in question.

This Contract does not give either Party a mandate to enter into commitments with third parties on behalf of the other Party. The Parties shall refrain from any act or omission that could create the appearance to third parties of the existence of such a mandate.

Furthermore, the Contract does not contain any affectio societatis and shall not be interpreted in any way as creating a de facto or other partnership between the Parties.

The existence, conclusion, validity, interpretation, performance and termination of this Contract and any consequences thereof are subject to French law.

In the event of a dispute relating to the existence, conclusion, validity, interpretation, performance or termination of the Contract and/or any consequences thereof, the Parties shall meet in order to attempt to settle their dispute amicably and, failing this, shall confer jurisdiction on the courts within the jurisdiction of the Paris Court of Appeal, including in the event of an appeal under guarantee or multiple defendants, as well as for any type of proceedings, whether on the merits, in summary proceedings or on application.

Terms and expressions beginning with a capital letter have the following meaning in the Contract:

Analysis: means the service described in the Order Form, i.e. the analysis of the behaviour of Internet users on the Site, of visitors at the point of sale and/or of the mobility of visitors carried out by ADOT, based on Customer Data and/or ADOT Data, where applicable.

Purchase Order: means the document accepted by the Client allowing the subscription to the Study Products for the performance of the Services offered by ADOT, under the conditions defined in this Contract.

Campaign: refers to all the Advertisements broadcast at a given period to Internet users on the Site.

Client: means the natural or legal person identified in the Order Form, who has accepted these GTC and wishes to benefit from ADOT's Services.

GTC: means the present General Terms and Conditions of Services.

Content(s ): means elements of any kind in a unitary manner such as texts, icons, images, banners, scripts, software, etc. or a combination of the above.

Contract: means the contractual package consisting of the documents listed in Article 2 of these GCP.

ADOT Data: means the data belonging to ADOT that may be used in the performance of the Services subscribed to by the Customer with ADOT.

Customer Data : means the data belonging to the Customer and made available to ADOT by the Customer as part of the implementation of the Adot Tool(s) on the Site in order to allow ADOT to perform its Services. The Customer Data may include Personal Data.

Personal Data: means personal data as defined by the Personal Data Regulation.

Studies: means the digital media (such as Excel spreadsheets, PowerPoint documents, etc.) including the Results, and where applicable, online tools made available to Clients by ADOT and allowing the Results to be viewed.

Internet : refers to the global public computer network consisting of several computer servers linked together by the TCP/IP communication protocol and located in various geographical locations around the world.

Adot Tool: means, according to the Service subscribed by the Customer, the script (javascript code) provided by ADOT to be integrated by the Customer on the web pages of the Site concerned by the study and allowing ADOT to collect the data necessary for the implementation of the Services.

Party: means the Client and/or ADOT.

Service(s) : means any task(s) performed by ADOT (or under its responsibility) at the request of the Customer in performance of the Contract and described in the Purchase Order, including:

Customer Data Analysis ;
Customer Data Segmentation ;
The handing over of the Studies ;
The creation and distribution of questionnaires prior to the campaigns;
Traffic share analysis ;
Catchment area analysis ;
Any other analysis according to the needs of the Client.

Polygonisation: refers to the process of tracing points of sale implemented by ADOT as part of the realisation of traffic share and catchment area analysis services.

Advertising: means any message with an advertising or promotional purpose, in any form whatsoever.

Personal Data Regulations: means the legislation applicable to the protection of Personal Data, in particular Law No. 78-17 of 6 January 1978 relating to data processing, files and freedoms as amended, the applicable regulations, in particular decrees, European standards and regulations, in particular European Regulation 2016/679 of 27 April 2016 (RGPD), as well as the deliberations taken by the Commission Nationale de l'Informatique et des Libertés (CNIL).

Results: means the compilation of data and analysis by ADOT resulting from the performance of the Services.

Segmentation: means the segmentation of Customer Data and/or ADOT Data, if applicable, based on the Analysis performed by ADOT and allowing to predict the preferences, behaviours and/or attitudes of Internet users and/or visitors.

Site : refers to all the data necessary for the publication and exchange of information of an electronic communication medium published under the responsibility and name of the Client, such as a website, mobile application, social network pages, landing page, etc...

The purpose of these T&Cs is to define the terms and conditions under which ADOT provides the Customer with the Services ordered in accordance with the Order Form(s) and which the Customer accepts without restriction or reservation.

The Contract consists of the following documents:

These GTCs ;
The Purchase Order signed by the Client.

The issuance and signature of any Order Form by the Customer shall constitute acceptance of these T&Cs.

In the event of any contradiction between the GTCP and any other contractual document, the GTCP shall prevail, unless expressly stated otherwise.

The Customer is hereby informed that these GCP may be amended at any time. Such changes shall apply immediately to new Purchase Orders and/or new Customers.

For Customers whose Services are in use, ADOT will inform them of the changes made to these GTC. However, changes to the GTC resulting from legal or regulatory compliance may occur immediately and without prior notice, insofar as ADOT does not control them.

If the Customer does not accept the changes made, he will have the option of either terminating the Service(s) concerned within a maximum period of one (1) month from the notification sent by ADOT, or requesting that the old GTC remain applicable until the end of his Contract. After this period, the changes made to the GTC will be considered as accepted by the Customer.

This Agreement shall take effect on the date of signature of the Purchase Order by the Customer, and/or, if necessary, of the T&Cs and/or, if necessary, on the date of receipt by ADOT of the Purchase Order signed by the Customer and marked "Good for Agreement" (whichever is earlier).

It is concluded for the duration of the commercial relationship between ADOT and the Customer, unless terminated in advance under the conditions set out in Article 13 of the GTC.

The obligation of confidentiality set out in Article 14 of the GTC shall continue for the period set out in that Article after the termination of the Agreement for any reason whatsoever.

The non-solicitation obligation stipulated in Article 15.2 shall continue beyond the end of the Contract, for the duration stipulated in that Article.

The Customer undertakes, where applicable, to implement the Adot Tool on its Site in order to allow ADOT to perform the Services.

The Customer declares and acknowledges that the success of the Services is, in particular, linked to the volume of Customer Data provided by the Customer to ADOT. Therefore, the Customer agrees to provide ADOT with a significant volume of Customer Data upon ADOT's request, in order to allow the execution of the Agreement.

The Customer agrees to cooperate with ADOT, which includes providing ADOT with an accurate description of its business and the Customer agrees to provide ADOT with all the information necessary to perform the Services. Thus, upon signing the Order Form, the Customer agrees to provide ADOT with all the information required by ADOT, including

The Client's needs ;
The period of time desired by the Client for the Analysis ;
For the delivery of the Study, the desired format of the medium, it being specified that the choice of medium depends on the technical capacity of ADOT to do so. In this respect, the Client declares and acknowledges that another format for the delivery of the Study may be provided;
If applicable, the target identified by the Customer;
Where applicable, a list of all of the Customer's outlets including, where applicable, exact addresses (address, cities, postcodes, etc.) and, where possible, associated latitudes/longitudes and/or IRIS zones;
Where applicable, the scale of measurement identified by the Customer
If applicable, the list of the Client's direct competitors.

The Customer undertakes to inform ADOT as soon as possible of any change in the information and, more generally, to provide the necessary assistance to ADOT to enable it to perform the subscribed Services.

Any delay by the Customer in providing the information shall extend the period of performance of these GTC and shall automatically suspend ADOT's obligations under these GTC.

The Client is entirely responsible for the Content of the Site and is solely responsible for the information it communicates in order to carry out the Services subscribed to.

The Customer represents and warrants to ADOT that the Content of the Site, the products and/or services offered on the Site, and the information provided to ADOT do not infringe any third party rights.

In no event shall ADOT be liable for any action taken by third parties, in particular as a result of the publication on the Site of Content that is contrary to applicable laws and regulations and/or infringes on the rights of third parties, in particular intellectual property rights.

The Customer, who is solely responsible for the Content of the Site, guarantees ADOT against any possible condemnation resulting from any claim, action and/or recourse of third parties referred to in the previous paragraph.

The Services that ADOT undertakes to perform on behalf of the Customer are described in the relevant Purchase Order(s).

ADOT undertakes to carry out the Services subscribed to by the Customer, within the limits of its know-how, its technological watch and its knowledge and in accordance with the rules of the art and the practice of the field.

ADOT's remuneration for each of these Services, taking into account the specificities of the latter, is specified on an indicative basis in the Order Form according to the provisional budget indicated and on a definitive basis in ADOT's invoice, it being specified that some of these Services may be carried out free of charge by ADOT.

In this respect, the Client acknowledges and accepts that the Studies are only analyses established to date, without any possible update.

ADOT remains free to choose the methodology for carrying out the Services, it being specified that this methodology, as well as the know-how attached to it, including as a result of the Services and the Polygonisation process, are the exclusive intellectual and commercial property of ADOT and constitute, as necessary, a business secret for ADOT, for which ADOT has incurred significant material and human expenses both for the purpose of developing it and to protect it from any disclosure

In particular, the Customer declares and acknowledges that the Polygonisation process has required significant human, technical and financial investments for ADOT so that it constitutes a business secret for ADOT, which may not, in any way, be disclosed and/or given to the Customer.

Each Party acknowledges and accepts that the nature of the Services covered by the Contract requires active, positive and respectful cooperation and a climate of mutual trust between the Parties.

Each Party thus undertakes to :

perform in good faith its obligations under this Contract;
use its best efforts to facilitate the exchange of information of any kind whatsoever, and thus provide the other Party, as soon as possible, with the documents, information and elements of which it has knowledge, which are necessary or useful to the other Party and/or which may have an impact on the proper performance of the Contract; and
respond promptly to any questions posed by the other Party.

In order to allow the execution of the Services, the Client grants, free of charge, to ADOT who accepts it, a non-exclusive license on :

the corporate name, trade name(s), sign(s), domain name(s), trademark(s), and more generally the distinctive signs of the Client necessary for the performance of the Services;
the Site, in all its components, in particular the web pages, the referencing pages, the source codes, the Advertisements, etc. necessary for the execution of the Services.

The rights thus licensed are understood to be by :

the right to use and exploit them;
the right to reproduce in as many copies as ADOT deems necessary, on any medium known or unknown at the date of this Agreement and by any means, existing or future. The right to reproduce includes, without limitation, the right to digitize, the right to download all or part of the work, temporarily or permanently, onto online digital networks, such as the Internet or Intranet, without this list being exhaustive;
the right of representation and/or publication by all existing or future processes and on any other commercial support, free of charge or against payment;
the right of adaptation (including the right to modify, enhance, correct, arrange, decompile, reverse engineer, simplify, add to, integrate with pre-existing or future systems, transcribe into another computer language, or translate into another language, create derivative works, load onto any other equipment, or create derivative works).

This licence is granted for the duration of this Agreement as set out in the Order Form, and for the whole world, taking into account their use on the Internet.

Depending on the Service subscribed to in the Order Form, the Service may require the implementation of an Adot Tool on the Site by the Client and/or the delivery of a Study.

It is specified that this Contract does not confer on the Client any intellectual property rights on the Adot Tools, which remain the full and exclusive property of ADOT.

For the strict purposes of the execution of the Services subscribed by the Customer, in application of this Agreement, ADOT grants the Customer a personal, non-exclusive, non-assignable and non-transferable right to use the Adot Tools, for the implementation of the Services and/or for the purpose of the said Services, and this, where applicable, under the conditions defined in the Order Form, for the entire duration of the Agreement and for the whole world.

This licence of the Adot Tools includes (i) the right to reproduce them on the Site, (ii) the right to temporarily reproduce them with a view to their representation on the computer workstations of the Client's employees, agents, subcontractors, managers and representatives for their use in the context of the Services.

Except with the prior written authorization of ADOT, the Customer may not under any circumstances (i) merge, combine or integrate all or part of the Adot Tool with another work (ii) make an Adot Tool available, by any means, to a third party (iii) rent, transfer all or part of an Adot Tool to a third party and (iv) refrain from any use other than that granted by this Agreement.

In particular, the Client is expressly forbidden, directly or indirectly, including by any third party, by any means, to (or attempt to) modify, correct, adapt, translate, arrange, disseminate, transfer, distribute, decompile, make a backup copy outside the conditions set out in this Contract, grant a loan, hire, assignment or any other type of provision by any means whatsoever, including via the Internet, or disseminate or commercialise the Adot Tool, whether free of charge or for a fee, etc. and, in general, to alter it in any way whatsoever, including the mentions of ownership (copyright).

For the strict needs of the execution of the Services subscribed by the Client, in application of this Agreement, ADOT grants the Client a personal, non-exclusive, non-assignable and non-transferable right to use the Studies, including the Results, for the implementation of the Services, and this, if applicable, under the conditions defined in the Order Form, for the entire legal duration of the related copyright and for the entire territory of the world.

This licence of the Studies includes the right of temporary reproduction for the purpose of displaying them on the computer workstations of the Client's employees, agents, subcontractors, managers and representatives for use in connection with the Services.

Except with ADOT's prior written consent, the Customer may not (i) merge, combine or integrate all or part of the Study with any other work (ii) make a Study available, by any means, to a third party (iii) lease, transfer all or part of a Study to a third party and (iv) refrain from any use other than that granted by this Agreement.

In particular, the Client is expressly forbidden, directly or indirectly, including by any third party, by any means, to (or attempt to), without this list being exhaustive, modify, correct, adapt, translate, arrange, disseminate, transfer, distribute, decompile, make a back-up copy outside the conditions provided for in this Contract, grant a loan, a rental, an assignment or any other type of provision by any means whatsoever, including via the Internet, disseminate or market, whether free of charge or for a consideration, etc., a Study and, in general, alter it in any way whatsoever, including the mention of ownership (copyright). a Study and, in general, to alter it in any way whatsoever, including the mentions of ownership (copyright).

The Client declares and acknowledges that ADOT may use the Studies for its own account and its own needs, in particular for communication purposes (internal and/or external), the implementation of internal training, its commercial documentation, etc.

The prices indicated in the Order Form and/or in the invoice sent by ADOT to the Customer are expressed in euros, exclusive of tax and inclusive of all taxes.

Unless otherwise expressly agreed, payment of any invoice shall be made by the Customer, by bank transfer or bank cheque, within thirty (30) days from the date of issue of the invoice by ADOT.

The profiling of visitors and the subsequent segmentation carried out on behalf of the Client at the Client's points of sale from the Site;
The profiling of Internet users and the subsequent segmentation carried out on behalf of the Client on the Site;
The carrying out of Studies on behalf of the Client, using the Personal Data processed by ADOT in the context of the performance of the Services/execution of this Contract;
Conducting and disseminating questionnaires relating to a Campaign or Campaigns in the context of the dissemination of Advertisements in accordance with ADOT's privacy policy, which is available at the following URL: https: //we-are-adot.com/privacy-policy/.

In this context, ADOT must be qualified as a controller of the processing relating to the generation of these Studies as soon as it determines, according to its own professional expertise, the "essential means of processing", i.e. the type of Personal Data that are processed, the duration of the processing, the categories of recipients and the categories of data subjects, etc., in particular with regard to the V.2.0. guidelines adopted by the European Data Protection Committee (EDPS) on 7 July 2021 and concerning the concepts of controller and processor within the meaning of the GDPR.

However, in order for ADOT to perform these Services, it is recalled that the Adot Tool must be implemented by the Customer on the Site, which in particular allows the collection of personal information. In this context, the Parties acknowledge that they are to be considered as joint data controllers, in accordance with the Personal Data Regulation, in particular Opinion 2/2010, adopted on 22 June 2020 by the G29, on online behavioural advertising insofar as :

ADOT controls the purposes and means of the aforementioned processing, which consists in using the Personal Data of the data subjects for the performance of the Services, in its capacity as joint controller;
The Client acts as joint controller and remains the only direct contact for the data subject on the Site.

The purpose of the Services is to analyse the Personal Data from the Customer Data, in order to draw, with the help of the Adot Tools, Studies that the Customer is free to follow or not. This processing is carried out by ADOT as the data controller.

ADOT undertakes to act in accordance with the Personal Data Regulation in the context of the implementation of the Services and its obligations as a data controller.

In particular, ADOT undertakes to ensure that the Personal Data collected are :

Processed lawfully, fairly and transparently in relation to the data subject (lawfulness, fairness, transparency);
Collected in compliance with the prior information of the persons concerned, i.e. which precisely detail the conditions of data entry, their use and distribution, in particular the collection of Personal Data within the framework of the Services as well as the use of the latter;
Collected for the above purposes (Article 12.1) and not further processed in a way incompatible with those purposes.

Customer agrees to review ADOT's privacy policy available at the following URL: https: //we-are-adot.com/privacy-policy/, which may be changed at any time without notice, and to include a link to this privacy policy in its own privacy policy so that individuals can review it.

In the context of the performance of this Agreement, the Customer authorizes and mandates ADOT to access the information collected through the Adot Tool made available to the Customer by ADOT and placed on the Site by the Customer.

In accordance with the case law of 29 July 2019, C-40/17, Fashion ID GmbH & Co KG v Verbraucherzentrale NRW eV of the CJEU, and the deliberations 2020-091 and 2020-092 of the CNIL, the Client is responsible for providing the data subjects with the information required by Article 12 et seq. of the RGPD. As such, the Customer undertakes to provide the data subjects with clear, accurate, comprehensive, easily accessible and understandable information regarding the processing of their Personal Data, subject to their consent, by ADOT for its processing purposes.

The Customer undertakes to mention ADOT in the list of recipients of Personal Data and to make it accessible at the time of the collection of the consent of the persons concerned, as well as its purposes of processing as mentioned in Article 9.1 and to make accessible a link to its privacy policy. The Customer undertakes to expressly mention ADOT as a partner at the time of the collection of consent as well as in its privacy policy accessible from the Site.

The Customer communicates to ADOT its privacy policy for data subjects, which includes clear and complete information to data subjects, in particular on the methods of collection and processing of their Personal Data, the purposes of such processing (in particular, on the fact that such Personal Data may be processed for profiling purposes).

In application of the Personal Data Regulation, cookies require consent and cannot be deposited or read on the terminal of a person who has not given his consent. However, these cookies (in this case first party) are essential to the performance of the Services by ADOT.

Also, the Client declares and guarantees that it collects the consent of the persons concerned for the deposit of cookies useful for the performance of the Services, under the terms and conditions of the Regulation on Personal Data, and in particular Deliberation No. 2020-091 of 17 September 2020 adopting guidelines relating to the application of Article 82 of the amended Act of 6 January 1978 to read or write operations on a user's terminal (in particular " cookies and other tracers ") and Deliberation No. 2020-092 of 17 September 2020 adopting a recommendation proposing practical methods of compliance in the event of recourse to "cookies and other tracers".

The Client is able to provide certain, individual and time-stamped proof of the collection of consent from the persons concerned and to demonstrate that the mechanism put in place, where applicable by a third party, to collect consent has all the characteristics required for valid consent (free, specific, informed and unambiguous) and complies with the Client's contractual obligations under these GTCs and the Client's legal obligations under the Personal Data Regulations.

The Client shall, where applicable, pass on the obligations set out in this article to the service provider(s) to whom it has subcontracted all or part of the collection of the consent of the persons concerned in relation to cookies linked to the Services.

ADOT is authorized to use the information from the Adot Tool (including Personal Data), possibly cross-referencing it with other information previously held by ADOT, such as those that may have been entrusted to it by the Customer, for the exclusive purpose of performing the Services, unless otherwise agreed. Any cross-referencing of information by ADOT will be done in compliance with the Personal Data Regulations and under its exclusive responsibility.

The Personal Data processed in the context of the execution of this Contract are kept for a period strictly necessary for the purposes pursued and are deleted at the end of this period.

The Parties mutually undertake to assist the other Party, by means of appropriate technical and organisational measures, in its responses to requests for the exercise of rights provided for in the Personal Data Regulations which the persons concerned may submit to it, as well as, more generally, for compliance with the said Personal Data Regulations, in particular in advising on the carrying out of profiling or assisting in the carrying out of impact analyses relating to data protection. Each Party therefore undertakes to ensure that its privacy policy indicates to the persons concerned the procedures for exercising their rights.

When data subjects exercise their specific rights under the Personal Data Protection Regulations with respect to the processing carried out by ADOT as data controller, the Customer shall address such requests immediately upon receipt to the Customer at the following e-mail address: policy@we-are-adot.com.

The Parties also undertake mutually to :

To assist the other Party in its obligation to guarantee the security of the processing of Personal Data resulting from the execution of the Services, and in particular ;
Assist and inform each other of their obligation to notify the Commission Nationale Informatique Liberté (hereinafter the "CNIL"), in the event of a proven breach in the security of Personal Data, where such notification obligation is incumbent on them under the Personal Data Regulation;
Designate, if applicable, the Party that will be responsible for informing data subjects in the event of a breach of Personal Data or of security breaches allowing undue access to Personal Data;
For processing of Personal Data presenting a too high level of risk, to carry out impact assessments and to assist the other Party in carrying out these assessments.

Each Party shall ensure that any transfer of Personal Data to a country outside the European Union is carried out with a level of protection equivalent to the requirements of the Data Protection Regulation. To this end, each Party shall ensure that there is a protection mechanism for the data transmitted and/or have the consent of the persons concerned.

Each Party undertakes to keep a detailed and regularly updated register of the processing operations it undertakes under this Contract.

Due to the particular and random nature of the Services, the Customer acknowledges and accepts that ADOT is subject to a general obligation of means.

The Customer declares that he/she is aware of the characteristics and limitations of the Internet and the random nature of the results of ADOT's Services, and in particular acknowledges that the success of ADOT's Services is due, in particular, to external criteria over which ADOT has no control, it being specified and recalled that the success of the Services depends directly on the volume of Customer Data.

ADOT can in no way be held responsible if the Customer, without notifying ADOT, has provided erroneous or incorrect information or if he has modified the characteristics of his Site during the performance of the Services.

ADOT shall not be liable for any fault or negligence on the part of the Customer or any third party.

The total amount of compensation due shall not, in any event, exceed the total amount actually paid by the Customer to ADOT under each Purchase Order.

ADOT's liability cannot be invoked more than one (1) year after the date on which the alleged facts occurred.

During the performance of the Contract, the Parties shall exchange confidential information (hereinafter " Confidential Information ").

Confidential information includes any information of any kind (financial, economic, strategic, commercial, technical, legal, etc.), whether or not it is protected, in any form or medium (documentary, model or other tangible or intangible form; communicated orally or by demonstration, presentation or other means).), whether protected or not, in any form or medium whatsoever (in documentary, model or other tangible or intangible form; communicated orally or by demonstration, presentation or by any other means), concerning the activities of one or other of the Parties or its affiliated company(ies), transmitted and/or made accessible to the other Party or its affiliated company(ies) within the framework of the negotiation and/or performance of this Agreement, directly or through a representative or legal counsel.

The information referred to in this Article shall also include know-how relating to the activity of each Party that is not publicly known at the time of signing the Contract.

The Parties hereby undertake to:

to take all necessary measures to protect the confidentiality of the Confidential Information;
not to disclose the Confidential Information, by any means and for any purpose whatsoever, to any third party whatsoever, with the exception of members of their staff who are required to participate in the performance of the Services and to the extent strictly necessary for this purpose and after having informed them of the confidential nature of this information;
not to use the Confidential Information of the other Party for any purpose other than the performance of the Services/the execution of this Agreement;
not to make any copy, other than for technical purposes, of all or part of the Confidential Information in any form or medium whatsoever.

Each of the Parties is responsible for the compliance of its employees, agents, collaborators and/or subcontractors with this obligation.

is, at the time of disclosure, in the public domain or would subsequently become so through use, publication or other similar act, through no fault of either Party; for greater certainty, Confidential Information is not in the public domain even if (i) one or more of its components is in the public domain or (II) all of its components can be separately found in the public domain; or
were provided to the Parties by a third party who has a right to disclose them and who did not receive them in confidence; or
are expressly designated as non-confidential by the Party that transmitted and/or made them available; or
are already known prior to any disclosure by either Party and which were not subject to the obligation of secrecy under any other confidentiality agreement or undertaking; or
one of the Parties must disclose in response to a valid order from a court or a state or equivalent authority (tax authorities, etc.), provided that the Party concerned informs the other Party in writing, in advance where possible or otherwise as soon as possible, and co-ordinates with the other Party in order to limit the extent of such disclosure.

Nevertheless, the Customer authorizes ADOT to communicate the information concerning him to the possible subcontractors referred to in article 15.4 of the Contract in the context of the execution of the Services.

Notwithstanding the provisions of Article 8.4 above, in the event of a breach by one of the Parties of any of its obligations under this Contract, the Parties undertake to enter into discussions in good faith with a view to seeking an amicable solution.

ADOT reserves the right to audit the conditions of execution of this Agreement and the full and complete implementation of the Customer's obligations under it.

The audit may be performed by an internal auditing structure or by a firm outside ADOT. If the audit is carried out by a third party, the latter must be subject to a confidentiality agreement by ADOT, if required by the Client.

ADOT shall notify the Customer of its intention to conduct an audit with a minimum of eight (8) business days notice.

The audit shall take place during the Client's business hours. ADOT shall use its best efforts not to disrupt the Client's business. The Customer agrees to allow the auditors access to its office(s), to cooperate fully with them and to provide them with all necessary information. The Client shall also provide ADOT with access to information necessary for the audit. If the audit is performed by a third party, the third party shall be subject to a confidentiality undertaking by ADOT if required by the Client.

The costs of the audit will be borne by ADOT.

The audit report will be sent to ADOT. The Parties agree that in any event, the audit procedure or its failure to be carried out shall in no way exempt the Client from compliance with its obligations under the Agreement.

Unless otherwise provided for in these GTC, correspondence between ADOT and the Customer shall be exclusively by e-mail.

If any provision of the Contract is declared null and void in application of a law, regulation or judicial decision, it shall be deemed unwritten.

In this case, the Parties shall negotiate in good faith a clause which comes as close as possible to the legal and economic effects of the invalid provision.

Furthermore, the Contract does not contain any affectio societatis and shall not be interpreted in any way as creating a de facto or other partnership between the Parties.

The existence, conclusion, validity, interpretation, performance and termination of this Contract and any consequences thereof are subject to French law.

For the purposes of this document, words beginning with a capital letter shall have the meanings set out below, whether they are used in the singular or plural:

Advertiser: refers to the Adot client benefiting from the Service,

Applicable Regulations: means Law No. 78-17 of 6 January 1978 on information technology, files and freedoms and 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, and repealing Directive 95/46/EC (General Data Protection Regulation) (hereinafter the "GDPR").

Tracers: refers to files that are deposited and/or read, for example, when a website or mobile application is consulted, or when software is installed or used, regardless of the type of terminal used: computer, smartphone, digital tablet or video game console connected to the Internet. They cover, for example:

HTTP cookies,
Flash" cookies,
the result of the calculation of a unique fingerprint of the terminal in the case of "fingerprinting " (calculation of a unique identifier of the terminal based on elements of its configuration for tracing purposes),
invisible pixels or "web bugs",
any other identifier generated by a software or operating system (serial number, MAC address, unique terminal identifier (UTI), or any set of data that is used to calculate a unique fingerprint of the terminal (e.g. via a "fingerprinting" method).

Users: refers to Data Subjects;

The terms "Processing", "Consent", "Controller", "Data Subject", "Personal Data" shall have the meaning given to them in the Applicable Regulations.

As part of the Service offered by Adot, the Advertiser may place one or more of the Trackers presented below on its Site.

In the context of the implementation of the Processing presented, the Parties undertake to comply with the Applicable Regulations as well as Deliberations n°2020-091 and n°2020-092 of the Commission Nationale de l'Informatique et des Libertés (CNIL). By placing an Adot Tracker on its Site, the Advertiser undertakes to comply with the provisions of this document.

Quality of the parties :


Collection and transmission of Personal Data through the Tracer deposited on the Advertiser's Site	The Advertiser is the Joint Controller Adot is the recipient of the Data and is jointly responsible for the processing
Counting the number of visitors to the Advertiser's Site Creation of audience pools for further media activation Subsequent media activation (retargeting) Audience qualification: determination of the Advertiser's typical customer base	Adot is responsible for processing

Treatment features :


Purposes of the processing	Purpose 1: Collection and transmission of Personal Data Purpose 2: Counting the number of visitors to the Advertiser's Site Sub-goal 1: Creation of audience pools for further media activation Sub-goal 2: Subsequent media activation (retargeting) Sub-goal 3: Audience Qualification: Determination of the Advertiser's typical customer base
Nature of the treatment	Collection, recording, access, use, retention, reconciliation
Category of person concerned	Visitors to the Advertiser's Site
Categories of Personal Data	Cookie ID IP address Data on visits to the Site
How long Adot keeps the Data	13 months from collection

Quality of the parties :


Collection and transmission of Personal Data through the Tracer deposited on the Advertiser's Site	The Advertiser is Co-Processor Adot is the recipient of the Data and the Co-Processor
Determine which of the people who have been exposed to the advertising campaign displayed by Adot have shown an interest in the product or service sold by the Advertiser and are likely to make a possible conversion(example of conversion: purchase via the website, purchase simulation, drawing up a quote, simulation of personalisation of a good for purchase, ....) Sub-purpose 1: Accounting for shares Sub-goal 2: Creation of audience pools for further media activation Sub-goal 3: Subsequent media activation (retargeting) Audience qualification: determination of the Advertiser's typical customer base	Adot is responsible for processing

Treatment features :


Purposes of the processing	Purpose 1: Collection and transmission of Personal Data through the Pixel Purpose 2: To determine, among the people who have been exposed to the advertising campaign displayed by Adot, the people who have shown an interest in the product or service sold by the Advertiser and who are likely to carry out a possible conversion(example of conversion: purchase via the website, purchase simulation, drawing up of a quote, simulation of personalisation of a good for purchase, ....) Sub-purpose 1: Accounting for shares Sub-goal 2: Creation of audience pools for further media activation Sub-goal 3: Subsequent media activation (retargeting) Audience qualification: determination of the Advertiser's typical customer base
Nature of the treatment	Collection, recording, access, use, retention, reconciliation
Category of person concerned	Visitors to the Advertiser's Site who have expressed an interest in the product or service sold by the Advertiser
Categories of Personal Data	Cookie ID IP address Data on visits to the Site
How long Adot keeps the Data	13 months from collection

Quality of the parties :


Collection and transmission of Personal Data through the Tracer deposited on the Advertiser's Site	The Advertiser is Co-Processor Adot is the recipient of the Data and the Co-Processor
Purpose 2: To qualify the Site's audience by establishing profiles to define the interests of Site visitors according to their browsing habits Sub-goal 2: Creation of audience pools for further media activation Sub-goal 3: Subsequent media activation (retargeting)	Adot is responsible for processing

Treatment features :


Purposes of the processing	Purpose 1: Collection of browsing data from Users of the Advertiser's site in order to establish a profile that will enable us to define their interests in relation to their browsing Purpose 2: To qualify the Site's audience by establishing profiles to define the interests of Site visitors according to their browsing habits Creation of audience pools for subsequent media activation Subsequent media activation (retargeting)
Nature of the treatment	Collection, recording, access, use, retention, reconciliation
Category of person concerned	Visitors to the Advertiser's Site
Categories of Personal Data	Cookie ID IP address Data on visits to the Site
How long Adot keeps the Data	13 months from collection

Quality of the parties :


Collection and transmission of Personal Data from visitors to the Site via the Tracker.	The Advertiser is Co-Processor Adot is the recipient of the Data and the Co-Processor
Carrying out a study of the digital audience of the Advertiser's site via the Adot Analytics tool for the purpose of analysing the behaviour of visitors to the Site and establishing profiles.	Adot is responsible for processing

Treatment features :


Purposes of the processing	Purpose 1: Collection and transmission of Personal Data of visitors to the Site via the pixel. Purpose 2: Carrying out a study of the digital audience of the Advertiser's site via the Adot Analytics tool for the purpose of analysing the behaviour of visitors to the site and establishing profiles.
Nature of the treatment	Collection, recording, access, use, retention, reconciliation
Category of person concerned	Visitors to the Advertiser's Site
Categories of Personal Data	Cookie ID User ID IP address Data on visits to the Site Navigation data Browser user agent Unique identifier assigned to the browser
How long Adot keeps the Data	13 months from collection

In accordance with the legal provisions and the case law CJEU 29 Jul 2019 , Fashion ID, aff. C-40/17, ECLI:EU:C:2019:629, the Advertiser is responsible for providing visitors to the Site or persons exposed to the advertising being the Data Subjects, with the information required by Articles 13 and 14 of the GDPR. In this respect, the Advertiser undertakes to provide clear, legible and easily understandable information to the Data Subjects regarding:

The purpose(s) of the processing ;
The identity of the data controller ;
The recipients of the Personal Data including Adot as well as the purposes of its processing and a link to its privacy policy;
The means of giving or refusing to give their Consent to the collection and processing of their Personal Data;
The scope of their Consent ;
The right to withdraw their Consent at any time and the means to do so.

Furthermore, and in accordance with the legal provisions and case law CJEU 29 Jul 2019, Fashion ID, aff. C-40/17, ECLI:EU:C:2019:629, the Advertiser is also responsible for collecting Consent to the deposit of cookies and other Tracers on its Site on which the Adot Pixel(s) is/are deposited.

Thus the Advertiser undertakes to :

to collect the Consent of the visitors of the Site in accordance with the conditions defined in article 82 of the law 78-17 of January 6, 1978 relating to data processing, the files and freedoms as well as with the Deliberations n°2020-091 and n°2020-092 of the National Commission of Data processing and Freedoms;
provide Adot with proof of the Consent gathering process it implements (communication of technical documentation, screen copy of the User's journey or any other proof available to the Advertiser);

In any event, only Personal Data of visitors to the Website for which prior and valid Consent with regard to the applicable Regulations has been collected and documented will be transmitted to Adot. Furthermore, the Advertiser undertakes to ensure that this process of collecting Consent follows and complies with deliberations n°2020-091 and 2020-092 of the CNIL and the deliberations of the European Data Protection Committee relating to the collection of consent for personal data.

4.2.1 In the context of the implementation of the Service, Adot undertakes to respect the purposes specific to each Tracker as mentioned above and not to use the Personal Data collected for purposes other than those mentioned in this document.

4.2.2. Adot also undertakes to keep the Personal Data collected for a period of time that is proportionate to the purpose of the processing and not to keep said Data for more than thirteen (13) months from the date of collection.

4.2.3. Adot shall ensure that any person it authorises to process Personal Data internally is subject to a strict obligation of confidentiality (whether contractual or legal) and is made aware of the importance of protecting Personal Data, and shall not allow any person to process Personal Data if they are not subject to such an obligation of confidentiality. Adot ensures that any person authorised to process Personal Data does so on a need-to-know basis as part of their professional activity and only to the extent that the processing is necessary for the fulfilment of the Purpose.

4.2.4. Adot undertakes not to transfer Personal Data outside the European Union without one of the specific guarantees imposed by the Personal Data Regulations being adopted and formalised with the Recipient(s) of the Personal Data concerned.

The Parties undertake to take all necessary precautions to preserve the confidentiality and security of the Personal Data and in particular to prevent it from being distorted, damaged, diverted or communicated to unauthorised third parties and, more generally, they shall implement appropriate technical and organisational measures to protect the Personal Data (i) from accidental or unlawful destruction, and (ii) from loss, alteration, unauthorised disclosure of or access to the Personal Data. These measures shall take into account the state of the art, the costs of implementation and the nature, scope, context and purpose of the Processing as well as the risk to the rights and freedoms of natural persons of varying probability and severity.

Cookie	Duration	Description
cookielawinfo-checbox-analytics	11 months	The cookie is used to store visitor consent for cookies in the "Analytics" category. Host: we-are-adot.com
cookielawinfo-checbox-functional	11 months	The cookie is used to store user consent for cookies in the "Functional" category. Host: we-are-adot.com
cookielawinfo-checkbox-advertisement	11 months	The cookie is used to store the user's consent for cookies in the "Advertisers" category. Host: we-are-adot.com
cookielawinfo-checkbox-necessary	11 months	The cookie is used to store the user's consent for cookies in the "Necessary" category. Host: we-are-adot.com
cookielawinfo-checkbox-performance	11 months	The cookie is used to store user consent for cookies in the "Performance" category. Host: we-are-adot.com
viewed_cookie_policy	11 months	This cookie is used to store whether or not the user has consented to the use of cookies. It does not store any personal data.

Cookie	Duration	Description
_ga	24 months	This cookie allows us to distinguish between individual visitors and to generate statistical analyses of how visitors use the Adot site as well as traffic statistics. Host: we-are-adot.com
_gat_gtag_UA_123517877_1	1 minute	This cookie is linked to the _ga and _gid cookies and stores a unique identifier for each visitor for statistical purposes. Host: we-are-adot.com
_gid	24 hours	This cookie distinguishes individual visitors and is used to count and track page views. Host: we-are-adot.com
visit	13 months	This cookie is used to count the number of visits to the Adot website and to carry out statistical analyses of the use of the site. Host : we-are-adot.com
visit	13 months	This cookie is used to count the number of visitors to the Adot website and to carry out statistical analyses of the use of the site. Host : we-are-adot.com
vuid	24 months	This cookie is used by Vimeo to collect tracking information about visitors' usage history. It sets a unique identifier for embedding videos on the website. Host: vimeo.com

General terms and conditions of sale .

1 - Definitions

2 - Contractual documents

3 - Purpose

4 - Effective date and duration of the contract

5- Obligations of the customer

6- Services provided by Adot

6.1 Purchase of Advertising Space(s) on behalf of the Customer

6.2 Preparation of the Advertisement for publication on the Medium

6.2.1 Submission of the Advertisement Layout by the Customer to ADOT

6.2.2 Adaptations of the Advertisement by ADOT for broadcasting

6.2.3 Technical set-up of the Campaign

6.3 Reporting on the implementation of the Campaign

7 - Content and use of the advertisement

7.1 The Client represents and warrants that the Advertisement, excluding Adaptations :

7.2 The Customer also undertakes to ensure that the Advertisement respects the comfort of use of the Media for the User (in particular by ensuring that the characteristics such as its weight, dimensions, use of sound and duration of exposure of the Advertisement are reasonable).

8- Intellectual property

8.1 Non-exclusive licence granted by the Customer

8.2 Intellectual property of the Adaptations

9 - Modification Cancellation

9.1 Modification

9.2 Cancellation

10 - General conditions of collaboration

11 - Financial conditions and billing

11.1 Regulation of ADOT's remuneration

11.2 Terms of payment

11.3 Late fees

11.4 Conditions for resolution

12 - Personal data

12.1 Roles and qualifications of the Parties

12.2 ADOT's obligations as data controller

12.3 Commitments of the Advertiser as data controller in case of insertion of a Tracker on its Site:

12.4 Purpose of the processing

12.5 Retention period of Personal Data

12.6 Effectiveness of data subjects' rights

12.7 Security of treatment

12.8 Transfers of Personal Data

12.9 Record keeping

12.10. Impact assessment

13 - Advertiser's trackers

14 - Responsibility of Adot

15 - Confidentiality

15.1 Content of Confidential Information

15.2 Duration of the obligation of confidentiality

15.3 Measures to protect confidential information

15.4 Access to Confidential Information

15.5 Non-confidential information Exceptions.

15.6 Right to disclosure of Confidential Information

15.7 Deletion - Return of Confidential Information

16 - Resolution

17 - Audit

17.1 ADOT reserves the right to audit the conditions of performance of this Agreement and the full and complete implementation of the Customer's obligations hereunder.

17.2 This audit may be performed by an internal auditing structure or by a firm outside ADOT. If the audit is carried out by a third party, the latter shall be subject to a confidentiality undertaking by ADOT, if required by the Customer.

17.3 ADOT shall notify the Customer of its intention to conduct an audit with a minimum of eight (8) working days notice.

17.5 The costs of the audit shall be borne by ADOT.

17.6 The audit report will be sent to ADOT. The Parties agree that in any event, the audit procedure or its failure to be carried out shall in no way exempt the Customer from compliance with its obligations under the Agreement.

18 - General provisions

18.1 Correspondence

18.2 Non-solicitation of personnel

18.3 Commercial reference

18.4 Assignment - subcontracting

18.5 Non-waiver

18.6 Force majeure

18.7 Partial nullity - Non-waiver

18.8 Independence of the Parties

18.9 Applicable law

18.10. Jurisdiction

1 - Definitions

2 - Purpose - Acceptance - Validation of the GTC

2.1 Purpose of the GTC

2.2 Acceptance of the GTC and contractual hierarchy

2.3 Amendment of the GTC

3 - Effective date and duration of the contract

4 - Client's obligations

4.1 Declarations by the Client

4.2 Customer's duty to inform

4.3 Content of the Customer Site

5- Obligations of Adot

5.1 Preliminary statements

5.2 Methodology - know-how - Polygonisation