Expanding your Brand's Reach, One Touch at a Time
A Mobile DSP Developed by Media Buyers, for Media Buyers
Expanding your Brand's Reach, One Touch at a Time
You can delete your historical and all relevant data collected by TouchAds, if you do not wish to receive any personalized ads from TouchAds.Our Privacy Policy
The following describes the overall Privacy Policy of TouchAds (referred to below "TouchAds", "we", "us" and "our"), a GameMine LLC product. We understand how important it is to keep your personal data confidential and discrete, especially in today's online world. The importance of your privacy is outlined in detail below. This Privacy Policy was created to inform (i) the users who receive ads through TouchAds about what information we collect when you visit TouchAds.com or our customers' ("Advertisers") websites, as well as how that information is collected and used by companies that display advertisements ("Partners"); and (ii) our customers who set up an Advertiser account about the use of your personal data that we collect. The potential customers who visit Advertisers' websites that employ our services are referred to as "Prospects" throughout this document. Because our Privacy Policy may be updated periodically, it is imperative that this document is read thoroughly and regularly.
I. Personal and Anonymous Data
‘Personal data’ means any information relating to an identified or identifiable natural person ("PD"); this is for example your name, email address, credit card number and/or any other information that is related to your person. An Internet Protocol (IP) address is automatically assigned to your computer every time you establish a connection on the Internet. IP addresses and other identifiers do not tell us who an Internet user is in the "real world" but may, when combined with other information, allow the identification of a living individual and therefore is also considered PD in certain jurisdictions.
‘Anonymous data‘ means information that does not relate to an identified or identifiable natural person such as statistical or aggregated data ("AD").
II. Retargeting
a) Purpose, PD processed
PD is gathered by TouchAds and TouchAds's Partners, so it can be used by TouchAds for the purpose of direct marketing by way of online Retargeting. For this purpose, the following PD is collected by TouchAds concerning the Prospect: IP address, device ID, date and time of visit, domain type, and their activity on our Advertiser's and Partner's websites. Please note that we do not collect any information that would enable us to directly identify or contact you, such as your name, phone number, email address etc. Therefore, while the data processed by TouchAds is considered PD under the data privacy laws of certain jurisdictions, we are not able to (and, of course, would not want) to trace back the information we collect to a specific individual.
b) Legal Basis
Where our Partners obtain consent for us, the legal basis for the processing is your consent. If no consent is obtained, the legal basis for the processing is our legitimate interest in the provision and operation of our Services for direct marketing purposes. You may easily opt out of TouchAds's services by following the instructions listed below under Section II. f).
c) Cookies
To those unfamiliar, a cookie is used to store data on the user’s browser. In today's online world (practically) all websites utilize cookies to one extent or another. TouchAds uses cookies to provide a Retargeting service only: The Prospects receive a TouchAds cookie that is dropped when they visit one of the Advertiser's websites and that enables to later retarget the Prospect at our Partners’ sites. Part of TouchAds's business requires that TouchAds has no access to, or control over Partners cookies. However, we require our Partners to collect the PD only for the use of serving retargeted ads. Any Partner who processes the data in a way not in line with this Policy will be immediately removed.
d) How Retargeting works & TouchAds's Guidelines for the Use of Cookies
TouchAds's technology requires the use of cookies so we can promptly deliver advertisements to our Advertiser's Prospects on our Partner's sites. This form of marketing is designated as Retargeting; this enhances an Advertiser's potential revenue by specifically retargeting those whom are interested in the products. When a Prospect visits one of TouchAds's Advertiser's websites, a TouchAds pixel on that site sets a TouchAds cookie on the browser of the Prospect. Therefore after the cookie is planted when a Prospect visits one of TouchAds's Partners' websites, our Partner's website will identify the cookie on the browser of the Prospect and recognize that they previously visited our Advertiser's website. The Prospect will then be shown an advertisement from that Advertiser. In this instance, TouchAds will know that the Prospect first visited our Advertiser's website, and then our Partner's website. This information is all that is used in reporting our Prospects to advertisers.
e) Retention Period
The PD collected by TouchAds in the above outlined process of Retargeting will be kept by TouchAds's database for the period of one year only. After one year all data is routinely destroyed. This information is only used for the purpose of re-targeting. You may Opt-Out of TouchAds's services with ease by following the instructions listed below.
f) How to Opt-Out of TouchAds's Services
Opting Out of TouchAds's services is easy; however please note that by Opting-Out, you will not be able to take full advantage of Retargeted advertising or have your TouchAds.com account login information remembered for you. By deleting your cookies, you will disable TouchAds as well as its Partners' ability to deliver ads. However you must ensure you clear your cookies each time you visit TouchAds.com or one of our Advertiser's websites to ensure you are not receiving Retargeted advertisements.
III. Your Advertiser Account
a) Purpose, PD processed
TouchAds will only access and process the information you provided to us when you become an advertiser with TouchAds, sign up, provide comments, submit a problem, or request information from TouchAds and provide your name or return contact information. Contact information provided in connection with problems, comments or requests is used only to respond to those problems, comments or requests. We also may over time process your IP address to ensure the security of your account.
b) Legal basis
We process the data mentioned above based on your consent, for the performance of a contract and, in some instances, on legitimate interests such as IT security purposes.
c) Retention Period, Removing Your Account Information From Our Records
In general, we retain your PD for as long as necessary to deliver our services to you, answer your request or address the problem you submitted or required by law. In addition, we might retain PD for as long as it is required to establish, exercise or defend legal claims (if any).
You may e-mail us at TouchAds.com to remove your contact information from our database assuming there are no current pending transactions.
IV. Disclosure of Information to Third Parties
a) Personal Information
We only use your PD for the retargeting purposes as described in this Policy. In particular, TouchAds will not sell or trade your PD and use or release your PD in any way that is not strictly outlined in the Policy.
b) Legal Issues
TouchAds discloses personal information when required by law, judicial process, warrant, subpoena or in the good-faith belief that such action is necessary for the following:
To conform to the edict of the law or comply with a legal process served on TouchAds or its Website. To protect and defend the property rights of TouchAds, the TouchAds Website, or that of TouchAds Users or to act under exigent circumstances to protect the personal safety of TouchAds Users, employees, or the general public.
V. Other Sites' Policies
TouchAds has no direct control over, nor does it bear any responsibility for the privacy policies and/or content of any sites or advertisers linked to or on TouchAds.com, or the cookies these sites might deposit on your hard drive or browser. You might want to check the privacy policy of the respective site for more information.
VI. Security
At TouchAds, the security of your information is our utmost priority, and we take strict measures in order to protect our data from unauthorized access, unauthorized disclosure or destruction of data. Our data is only stored in centers that provide the highest quality security for your information. Physical access is strictly controlled both at the perimeter and at building ingress points by professional security staff utilizing video surveillance, state of the art intrusion detection systems, and other electronic means.
VII. Contacting Us
If there are any changes to the policy statement you will be notified before the continued use of our technology. Although we may alter the privacy policy at any time if any changes are made you will be notified via email as soon as the adjustment is made. If you have any questions with regard to the processing of personal data, please contact:
GameMine LLC
439 Carroll Canal, Venice, CA, 90291
E-Mail: [email protected]
VIII. If you are a data subject in the European Union, the following applies to you:
The EU General Data Protection Regulation grants you a number of rights:
If we process your data on the basis of consent you have given, you are entitled to withdraw your consent at any time without giving any reason (Article 7(3) GDPR). To declare your withdrawal of consent, please use the email address stated above. Please note that withdrawal of consent does not affect the lawfulness of processing based on consent before its withdrawal.
Further, you have a right to request information from us regarding the data we process about you. You are also entitled to request that incorrect data be corrected and that data that is processed unlawfully be deleted. Furthermore, subject to certain conditions you are entitled to restrict and object to the processing. To invoke and exercise these rights, please contact us at the email address stated above.
If you believe that the processing of your personal data is not in line with the GDPR, please do not hesitate to reach out to us. In addition, in such a case you have the right to complain to the respective data protection supervisory authority.
Expanding your Brand's Reach, One Touch at a Time
Terms and Conditions
Effective Date: 17.10.2018
1. Definitions
2. Right of access and usage
3. Prohibited Usage
4. User Account
5. Identification of Advertisers
6. Updating information
7. Ad Eligibility Requirements
8. Ad Responsibility
9. Ad Quality Review
10. Purchases
11. Payment
12. Account Responsibilities
13. Taxes
14. Deletion of Accounts
15. Indemnification
16. TouchAds right to use and Intellectual Property
17. TouchAds RTB Self-Service Platform Disclaimer
18. Services Disclaimer
19. Force Majeure
20. Miscellaneous Provisions
Thank you for choosing our services for your online advertising needs. GameMine LLC, 439 Carroll Canal Venice, CA 90291a, provides you the following services under Section 1 hereof under the brand “TouchAds”. By choosing to use our Services and creating an Account, you agree to comply with and be bound by these Terms. Since these Terms impose certain legal obligations on you, it is important that you read them carefully prior to signing up for an account.
1. Definitions
- “Terms” means the described below terms and conditions.
- “Site” means the website www.touchads.com.
- “We”, “us”, ”our” or “TouchAds” stands for GameMine LLC as the legitimate owner of www.touchads.com and of the TouchAds Self-Service-DSP Platform.
- “Account” means every registered advertiser’s account for TouchAds Self-Service-DSP Platform.
- “Ad Inventory” is the number of advertisements (“ads”) or amount of ad space, a publisher has available to sell to an advertiser.
- “Ad Impression” means each occurrence of an ad being displayed on a certain publisher’s website to an end-user.
- “End Users” means users of the publisher inventory.
- “Services” as used in this agreement, includes all services in connection with the operation and provision of our TouchAds Self-Service RTB platform for advertisers to buy digital Ad Inventory from different ad exchanges and ad networks.
- “Content” means every data, text, image, sound, video and other information and materials.
- “Trademarks” means all trademarks, service marks, logos, trade names, and any other proprietary designations of TouchAds.
TouchAds will provide advertisers with access to its Site, where they can buy digital Ad Inventory.
2. Right of access and usage
Subject to the timely payment of all required fees, TouchAds grants you a limited, revocable, non-exclusive and non-assignable right to use TouchAds RTB Self-Service platform solely to:
- search for, bid on and purchase Ad Inventory;
- store and catalogue your display ads;
- serve ads (and related links) using our built-in ad server; and
- track the results of your various campaigns;
each strictly subject to, and in accordance with, this agreement.
TouchAds does not grant you any express or implied right or license (such as any right or license under any patents, trademarks, copyrights, or other proprietary or intellectual property rights) other than those expressly set forth in this agreement. TouchAds (or its affiliated companies or licensors, as the case may be) retains all rights in and to the Services, including any enhancements. You have no further rights in connection to the above mentioned Services beyond the limited right of access and use stipulated in this agreement.
3. Prohibited Usage
The following list is for illustrative purposes only, and is not intended to provide an exhaustive list of prohibited activities. If you have any doubt as to whether your intended use of the Services is prohibited under this agreement, you should contact TouchAds. Only written confirmation signed by an authorized TouchAds officer is acceptable proof that your intended activity is permitted.
You are prohibited from using the Services in any manner not expressly permitted under this agreement. For example, you are not permitted to:
- access the Services using an anonymizing proxy;
· usage of a credit card to fund your account or pay fees without the authorization of the credit card holder;
· gain, or attempt to gain, access to the Services, or any portions of the Services, for which you are not authorized by TouchAds;
· advertise anything illegal, engage in any illegal, deceptive or fraudulent business practice, or take any other action that could result in claims, fees, fines, penalties or other liability to TouchAds or any of its affiliated companies, or to you;
· spread or facilitate the spread of any viruses, worms or other malicious computer programs that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or information;
· infringe our copyright, patent, trademark, trade secret or other intellectual property rights, or rights of publicity or privacy;
· license, sublicense, sell, resell, rent, lease, transfer, assign, distribute, time-share or otherwise commercially exploit or making available our Services, except as expressly contemplated herein;
· frame, or utilize framing techniques to enclose any of TouchAds trademarks, logos or other proprietary information (such as images, text, page layouts and forms);
· use any robot, spider, other computer program, or manual process, to monitor or copy the Services, or any portion of our Services;
· scrape any ads that have been served using the Services or use any other automated means of data extraction to access, query or otherwise collect any information related to ads that have been served using the Services;
· make any information derived from the Services available to others as a form of market research or competitive intelligence; or
· do anything that could disable, over-burden or impair TouchAds’ or its partner’s servers or the proper operation of the Services (such as a denial-of-service attack).
4. User Account
You warrant to TouchAds that you have the full power, authority and legal capacity to enter into this agreement. If you are entering into this agreement on behalf of a corporation or other entity, you warrant to TouchAds that: you have the full power, authority and legal capacity to enter into this agreement on behalf of such corporation or other entity; and, this agreement constitutes a legal, valid and binding obligation of such corporation or other entity.
5. Identification of Advertisers
You may be required to provide further information, as to confirm ownership of a certain email address using our Services, or provide copies of identification documents.
In this respect you authorize TouchAds, or any of its representatives, to:
· make any inquiries considered necessary to validate either your identity or any of the information that you have provided; and
· conduct credit and/or background searches on you and your corporation or other entity.
6. Updating information
You must ensure that all information that you provide to TouchAds is true, accurate, complete and current. If any of the information is, or becomes, incorrect, you must immediately provide TouchAds with correct information.
7. Ad Eligibility Requirements
Due to the fluid nature of TouchAds’ business, some or all of the below listed requirements may change over time. You must review each on a regular basis to ensure your on-going compliance.
All ads that you upload to the TouchAds Self-Service RTB platform must comply with:
· TouchAds’ technical requirements. These are updated from time to time, and will normally be communicated to you within the Self-Service RTB platform;
· The applicable rules of the website publisher on whose website you want your ads served. These rules define the kind of ads that the publisher deems permissible and are updated from time to time. [The latest version of such rules can be found within the RTB platform]. If you are uncertain as to whether your ad meets the publisher’s guidelines, you should contact a TouchAds representative prior to uploading your ad in order to avoid interruptions, penalties, account suspension or closure;
· Any other ad quality guidelines or policies that TouchAds will implement. TouchAds will notify you of any new ad quality guidelines or policies by either emailing you (to the email address you have provided) or by posting respective notice within the TouchAds Self-Service RTB platform. Your continued use of the Services after such notification affirms your acceptance;
· The applicable laws in the United States of America, Canada, United Kingdom and the country in which you live as well as any country where your ads are served.
8. Ad Responsibility
You are solely responsible for all ads that you create, upload or traffic using our Services. TouchAds is not liable for any loss or damages that your ads may cause. By using the Services, you guarantee to TouchAds that you have the right to post and distribute your ads to or through our Services and, in doing so, you are not violating the terms of this or any other agreement or any rights of third persons or entities. If any damage is caused by your ads to a publisher or any other third party, TouchAds reserves its right to pass your contact details to the affected party.
9. Ad Quality Review
You accept that TouchAds or its representatives have to pre-approve all ad material uploaded to the TouchAds Self-Service RTB platform and therefore conduct respective scans for malware or any other malicious content. To increase the likelihood that your ad will be approved, you should ensure that your ads fit within the size parameters specified on the RTB platform and complies with all of the applicable submission requirements, does not contain any malicious or prohibited content and comply with IAB policy.
TouchAds may periodically review live ads to ensure on-going compliance with submission requirements, even if an ad has already been approved. TouchAds reserves the right to remove any ad that it believes is non-compliant with its ad eligibility requirements, or for any other reason. In addition to removing an ad, TouchAds may also suspend and/or delete your account.
10. Purchases
By bidding on Ad Inventory through the TouchAds Self-Service RTB platform, you are making a programmatic offer to purchase such Ad Inventory. If your offer is accepted, you have purchased such inventory. Purchases are non-cancellable. Ad Inventory purchases are calculated using TouchAds’ statistics and data. If these differ from any other statistics or data, TouchAds’ measurements will prevail.
11. Payment
Your use of our Services requires payment of a “Usage and Service fee” which equals 20% of the price of each purchased Ad Inventory by you. You herewith agree that we charge the credit card you declared at your registration to our Site and our TouchAds Self-Service RTB platform.
All monetary amounts related to the Services shall be U.S. dollars.
You are responsible for the accuracy of all information you provide for each payment (such as contact information, payment amounts, credit card numbers and expiry dates, and any information of credit or wire transfers, as applicable).
12. Account Responsibilities
You are solely responsible for ensuring the accuracy of all information you provide when using our Services such as entering bid prices, bid criteria, destination URLs. Furthermore, you are solely responsible for each campaign launched by you through our Services.
13. Taxes
You are responsible for all duties, tariffs and taxes related to your use of the Services, except for taxes on income paid or payable by TouchAds.
14. Deletion of Accounts
Deletion by you
You can delete your Account at any time by providing TouchAds with written notice that you wish to do so.
TouchAds shall not provide any refunds to advertisers who entered malware, malicious and deceptive advertising materials, legally prohibited content or any other offensive content to TouchAds Self-Service RTB platform. In this case, TouchAds reserves its right to suspend user’s Account until he/she will provide safe advertising materials.
Deletion by TouchAds
TouchAds reserves the right to delete any Account in its sole discretion. If TouchAds deletes your Account, TouchAds is not obligated to provide you with a reason for respective deletion.
If you breach any of the terms of this agreement, TouchAds is entitled to delete your Account.
If your Account is deleted, your right to access the Services immediately terminates. In such case, you must cease any further attempt to access the Services. You will not be permitted to open a new Account. If TouchAds suspects that you are operating, or being associated with another Account (based on its analysis of subscriber data, Account content and other information), TouchAds reserves its right to delete such “related” Account, as well.
15. Indemnification
You hereby agree to defend, indemnify and hold TouchAds, and its affiliated companies, and each of their respective directors, officers, employees, consultants and representatives harmless from any losses, damages or costs arising from your respective use of the Services or any breach of this agreement committed by you, your employees or any other person using your Account on your behalf. This includes, but is not limited to, any losses, damages or costs resulting from claims regarding the infringement of any intellectual property or other rights of any natural person or legal entity by your ads.
16. TochAds right to use and Intellectual Property
TouchAds needs the right to use your ad to the extent necessary to provide you with the Services. By using the Services, you:
· grant to TouchAds, its affiliates, subsidiaries and suppliers a non-exclusive, royalty-free, transferable right to use, display, perform, reproduce, distribute, publish, modify, adapt, and translate such ads, solely in the manner and for the purposes for which the Services are used;
· grant to TouchAds, its affiliates, subsidiaries and suppliers a non-exclusive, royalty-free, transferrable right to collect, use and modify any data related to your ads solely in the manner and for the purposes for which the Services are used;
· grant to TouchAds, its affiliates, subsidiaries and suppliers a non-exclusive, royalty-free, transferrable right to use your name, logo and ads on each of their respective websites and promotional materials;
TouchAds property: ‘TouchAds’, ‘touchads.com’ and the TouchAds logo are, and remain, trademarks of TouchAds, its affiliated companies, and/or its licensors; you may not copy, imitate or use any of these without TouchAds’ prior written consent. In addition, all page headers, custom graphics, button icons and scripts are service marks, trademarks, and/or trade dress of TouchAds, its affiliated companies, and/or its licensors; you may not copy, imitate or use any of these without TouchAds’ prior written consent. You acknowledge and agree that all rights, titles and interest in and to the aforementioned assets, including derivative creations, are the exclusive property of TouchAds, its affiliated companies, and/or its licensors, and are protected by applicable intellectual property and other laws.
Identification as customer: You grant TouchAds and its affiliated companies permission to identify you as a customer. This includes using your name, trade name and trademark (if applicable), and generally describing your business in their marketing materials and website.
17. TouchAds RTB Self-Service Platform Disclaimer
No assurances or warranties for TouchAds RTB Self-Service platform: TouchAds’ RTB platform is provided to you by TouchAds on an “as it is” and “as available” basis. TouchAds makes no assurances or warranties of any kind, express or implied, with regard to the operation of the TouchAds Self-Service RTB platform or any information, content or materials it contains.
TouchAds disclaims any and all assurances, warranties and conditions, express and implied, including any and all representations and warranties of title and all implied warranties and conditions of merchantable quality, fitness for a particular purpose and any representations, warranties or conditions arising from any course of dealing or usage of trade, with respect to the TouchAds Self-Service RTB platform or any information, further content or materials it contains. TouchAds does not represent or warrant that the TouchAds Self-Service RTB platform is accurate, complete, reliable, current, or free of any errors, viruses or interruptions. TouchAds is not responsible for, and will not be liable to you in respect of, unauthorized access of your Account by third parties through illegal or unauthorized means (including access through exploitation of security gaps, weaknesses or flaws, whether or not such are known to TouchAds at the time). You expressly agree that your use of the TouchAds Self-Service RTB platform is entirely at your sole risk.
Liability for TouchAds Self-Service RTB platform: If the TouchAds Self-Service RTB platform ad server-functionality fails to serve your ads as required, TouchAds will reimburse you for the amount you paid to TouchAds for the respective ads which have not been served. TouchAds, its affiliates or related companies or any of their respective directors, officers, employees, consultants or representatives are under no circumstances liable for any direct or indirect, special, incidental, punitive or consequential damages (including loss of profit, business opportunities or other revenue), claims or any respective liability proceedings (including legal fees), costs, expenses, or any other loss exceeding the amount you paid to TouchAds for the ads that have not been served, even if such damages have been reasonably foreseeable. Provided that this limitation of liability is prohibited, TouchAds’ liability is limited to the maximum extent permitted by applicable law.
18. Services Disclaimer
Results. With respect to the Services, and to the fullest extent permitted by law, TouchAds disclaims all assurances and guarantees regarding positioning, levels, quality or timing of: (i) ad impressions and respective costs per ad impression; (ii) click-through rates; (iii) availability, quantity or delivery of ad impressions; (iv) any user or provider actions related to your ads; (v) conversion; (vi) accuracy of data; and (vii) the placement or adjacency of ads. Furthermore, TouchAds makes no assurances and guarantees regarding revenues, performance of your advertising campaigns, or any other anticipated benefits related to your access to our Services, or that our Services are suitable for your intended purposes.
Availability. TouchAds will use commercially reasonable efforts to provide the Services on an on-going basis, however, for a number of reasons, the Services may be inaccessible, unavailable or inoperable from time to time. This may be the result of: (i) periodic maintenance or repairs; (ii) equipment malfunctions; (iii) network attacks or other hostile actions; or, (iv) other reasons beyond TouchAds’ control. These circumstances, or others, may affect the availability of the Services and thus availability is not guaranteed in those cases.
Loss of data via Internet: The internet is an inherently insecure medium; thus the transmission of data over the internet (such as sending an email or logging into a website) is subject to possible loss, interception, misdirection or alteration during transition. Accordingly, Therefore TouchAds does not assume any liability for any damage or costs you may incur as a result of any loss, interception, misdirection or alteration of transmissions over the internet. While TouchAds uses commercially reasonable efforts to safeguard the privacy of your information, and will treat such information in accordance with its Privacy Policy, in no event will the information you provide create any fiduciary obligations of TouchAds or will result in any liability of TouchAds, any of its affiliated companies or representatives if such information is inadvertently accessed by any third parties.
Limitation of liability: TouchAds, its affiliates or related companies or any of their respective directors, officers, employees, consultants or representatives are under no circumstances liable for any direct or indirect, special, incidental, punitive or consequential damages (including loss of profit, business opportunities or revenue), claims or any respective liability proceedings (including legal fees), costs, expenses, or any other loss arising out of or in connection with this agreement to the maximum extent a limitation of damages or liability is permitted by applicable law. Furthermore TouchAds is not liable for the aforementioned loss, costs and damages that result from your access of or your inability to access the Services or from any transmission of data by you via Internet. You specifically acknowledge and agree that neither TouchAds, nor its affiliates companies, nor any of their respective directors, officers, employees, consultants or representatives, will be liable for any defamatory, offensive or illegal conduct of any user, including you. Provided that this limitation of liability is prohibited, TouchAds’ liability is limited to the maximum extent permitted by applicable law.
19. Force Majeure
In addition to applicable disclaimers stated above, TouchAds’ performance under this agreement is excused in the event of interruption and/or delay due to, or resulting from, causes beyond its reasonable control, including acts of God, acts of any government, war or other hostility, civil disorder, the elements, fire, flood, earthquake, explosion, embargo, acts of terrorism, power failure, equipment failure, industrial or labor disputes or controversies, acts of any third party data provider(s) or other third party information provider(s), third party software, or communication method interruptions.
20. Miscellaneous Provisions
Notices: TouchAds will provide you with any required notice by (i) posting it in the Services, (ii) emailing it to the email address listed in your account or (iii) mailing it to the postal address listed in your account.
Confidentiality: You must keep all information and data made available to you through the Services (including publisher information, publisher website statistics and Ad Inventory prices) strictly confidential, and not use such information and data for any purpose other than your own internal use.
Governmental or other subpoenas: TouchAds may be subpoenaed by governmental entities or other public authorities to provide information relative to your Account. TouchAds has no obligation to inform you of any subpoena or response to any subpoena, and you agree that TouchAds is not liable to you for disclosing information in response to such subpoena.
Privacy Policy: Please refer to our privacy policy, available at https://touchads.com/company-index.html#privacy-policy (“Privacy Policy“) for information on how TouchAds collects, uses and discloses your personally identifiable information. By using the Services, you agree to TouchAds’ use, collection and disclosure of personally identifiable information in accordance with the Privacy Policy.
No Assignment: You may not transfer or assign any rights or obligations you have under this agreement without TouchAds’ prior written consent. TouchAds may transfer or assign any rights or obligations under this agreement, at any time, and is not required to provide you with notice of such assignment. Upon such assignment, the assignee becomes responsible and you release TouchAds from all obligations under this agreement.
Entire Agreement: The agreement, as amended from time to time, constitutes the entire agreement between you and TouchAds for the Services and supersedes all prior agreements, written or oral, with respect to the same subject matter. You cannot change the terms of this agreement, nor can any TouchAds service employee.
Changes to Agreement: TouchAds has the rights to modify, add or remove any terms or conditions of this Agreement (“Changes“). You will be notified of any Changes through a posting on the Website, a notification in the Services or via email. All Changes are effective immediately upon posting (“New Effective Date“). The most recent version of this Agreement can always be found at https://touchads.com/company-index.html. You agree to review this Agreement from time to time. Any subsequent use by you of the Services following the New Effective Date constitutes your acceptance of all such Changes. If you do not agree to any or all of the Changes, you must stop using the Services immediately and notify TouchAds via email at: [email protected]
Severability: The invalidity or unenforceability of any provision of this agreement does not affect the validity or enforceability of any other provisions of this agreement and any such invalid or unenforceable provision is deemed to be severable. If any provision of this agreement should be completely or partially invalid or unenforceable, it shall be deemed replaced by a valid and enforceable provision that shall correspond as much as possible to the spirit and purpose of the invalid or unenforceable provision which it is replacing.
Headings: The division of this agreement into sections and subsections, and the insertion of headings, is for convenience of reference only. It is not intended to affect the construction or interpretation of this agreement.
Governing Law and Place of Jurisdiction: This Agreement shall be governed by and construed in accordance with the laws and other applicable provisions of the State of California, U.S. and each of the parties hereof agree to submit to the exclusive jurisdiction of the competent court of Los Angeles, California.
