TERMS OF SALE FOR ONLINE ADVERTISING Viestimedia Ltd, terms of sale for online advertising
Applicability
These terms of sale apply when an advertiser, media agency, advertising agency, or other representative of the advertiser (“Customer”) purchases products and services owned by Viestimedia Ltd (“Viestimedia”), unless otherwise specified. These terms apply to Viestimedia’s online advertising products and services regarding payment terms and responsibilities, but there may be media-specific differences in schedules and discounts for booking products and services. The Customer agrees to adhere to these terms, as well as any media-specific or mutually agreed-upon special terms. These terms apply to all advertising material provided by the Customer (“Material”). If the advertising material is transmitted by an advertising or media agency or another representative of the advertiser, the respective intermediary is responsible for compliance with the agreed-upon terms and these terms in all respects, including responsibility for the content of the Material and payment obligations with full credit loss liability. In the case of jointly provided Material by two or more Customers, the Customer placing the order is responsible for the content and payments.
Instructions for Advertising and Media Agencies: Advertising and media agencies must provide written instructions, delivered to the sales service according to the first publication reservation schedule.
Cancellation and Changes to Campaigns: Viestimedia reserves the right to transfer or cancel a campaign, ad display, ad time, or time slot for a specific reason without compensation. The Customer will be immediately notified of such changes, and efforts will be made to provide a replacement equivalent media space, time, or ad display. Cancellations must be made in writing to the sales service or sales contact. If a confirmed online campaign is canceled:
Display Guarantee for Display-based Campaigns: If a campaign falls below 95% of the purchased display volume, the campaign will either be extended until the displays are filled, or the missing displays will be credited in the Customer’s next campaign. If ad displays are less than five (5) percent below the target at the end of the campaign, no compensation for the missing ad displays will be provided.
Discounts: Different discounts are mutually exclusive unless otherwise agreed upon in writing. Discounts are confirmed for each media in the offer, reservation, or reservation confirmation.
Agency Fee for Advertising and Media Agencies: Viestimedia grants a 15% discount on online advertising services for bookings made through an authorized media/advertising agency.
The Customer and Viestimedia commit to complying with the currently applicable EU and national legislation concerning the processing of personal data and privacy protection, such as the General Data Protection Regulation (GDPR) of the European Union, effective from May 25, 2018. GDPR applies to all organizations in EU member states that process personal data. The use of cookies and similar technologies requires Viestimedia to obtain the visitor’s prior consent to collect data from Viestimedia’s websites. The Customer may use cookies solely for measuring campaign results (ad impressions, reach, and conversions). If the campaign is targeted based on visitor behavior, the Customer must adhere to the Interactive Advertising Bureau’s (IAB) European Framework for Online Behavioral Advertising or Transparency and Consent Framework principles, and implement (or require its partners to implement) necessary technical and other measures to comply with these principles. The Customer is responsible for the systems it uses, as well as the actions of its representatives and subcontractors, as its own. The Customer must ensure that its collaborators are aware of the limitations mentioned in these terms and comply with them. Unless expressly agreed otherwise, the provisions described in this section apply to all agreements between Viestimedia and the Customer insofar as they involve the processing of personal data by Viestimedia acting as the data controller on behalf of the Customer, or the processing of personal data by the Customer acting as the data controller on behalf of Viestimedia. The data controller is the party that determines the purposes and means of processing personal data. The processor is the party that processes personal data on behalf of the data controller. Depending on the nature of the collaboration, a party may simultaneously act as the data controller for certain data and the processor for other data. The subject, nature, and purpose of the processing of personal data, as well as the types of personal data and groups of data subjects, are described in the agreement between the parties or in the data controller’s written instructions provided before the start of data processing. Unless otherwise agreed, for digital advertising, the purpose of the processing is to target the Customer’s advertising campaign. The processing duration is limited to the necessary storage time for the agreed campaign. If the data groups used for targeting consist of information related to the Customer’s website usage or other personal data of the Customer, the Customer acts as the data controller. In this case, the groups of data subjects are the users, customers, and potential customers of the Customer’s website. Viestimedia acts as the data controller for information related to the use of Viestimedia’s websites or other personal data, including the advertising target groups formed based on such data. In this case, the data subjects are the users, customers, and potential customers of Viestimedia’s websites. The data controller is responsible for ensuring that it has a legal basis for processing the personal data it collects and the right to transfer them to the processor for processing. The data controller is also responsible for complying with the obligations set out in data protection regulations and ensuring that the written instructions given to the processor comply with data protection regulations. If Viestimedia acts as the processor for the Customer’s personal data, or the Customer acts as the processor for Viestimedia’s personal data, they undertake to:
The data controller grants the processor general prior approval to use the services of another data processor. The processor is responsible for the work of its subcontractors as for its own. The data controller has the right to object to the use of a specific subcontractor, and the processor will make commercially reasonable efforts to replace the subcontractor with another. If this change cannot be implemented, the parties have the right to terminate the collaboration without liability. The termination of the agreement does not exempt the Customer from payment obligations for actions taken before termination. If the Customer violates the terms mentioned herein, Viestimedia has the right to immediately suspend the Customer’s campaigns (including the campaign in which these terms have been violated and all other Customer campaigns on any Viestimedia services) and terminate all agreements between the Customer and Viestimedia without liability. Each party is responsible for direct damages (including administrative fines imposed by authorities, compensation paid to data subjects, and reasonable legal costs) resulting directly from processing personal data in violation of these terms or obligations set out in data protection regulations. Neither party is liable for lost profits or other indirect damages. Upon the conclusion of the campaign, the Customer agrees to remove any advertising tags used in retargeting campaigns that refer to Viestimedia’s websites. See Viestimedia’s privacy policy for more information.