Document Purpose: This letter may be provided to Ozone by an advertiser to confirm that, in accordance with the GDPR, the appropriate permission has been obtained from the advertisers customer to allow Ozone to collect user information from the advertisers website through the use of a tracking pixel.
Last updated: June 15, 2019
Advertiser Consent Letter
FAO [Name, Title]
[Advertiser name (contracting entity)] (“you”)
Addendum to our Agreement to deal with data protection compliance
We refer to the agreement made [or to be made] between you and Ozone Project Limited (“Ozone”, “we”, “us” and “our”) on [or around] [the date of this letter of variation OR insert date], as may be amended from time to time in writing (“Agreement”).
Further to our recent communications, this letter sets out our respective obligations in respect of compliance with applicable data protection related laws and regulations. If you agree with this letter, please countersign and return a copy to us to show your agreement to it.
This letter shall form part of the Agreement. In the event of any conflict or inconsistency between the terms of the Agreement and the terms of this letter, this letter shall prevail.
Notwithstanding anything else in the Agreement, we each agree as follows:
We are each independent controllers in respect of personal data that is collected by Ozone via the deployment of pixels, tags and/or similar tracking technologies (“Tags”) on the devices of each user (“Data Subject”) who visits relevant digital properties that are owned and/or are operated by you [or by a third party on your behalf] (“Interest Based Ads Data”). The Interest Based Ads Data, and the purposes for which it is processed by Ozone under or in connection with the Agreement, are described at https://ozoneproject.com/privacy-policy (“Ozone’s Privacy Notice”):
We each agree, in respect of our collection and processing of the Interest Based Ads Data, to comply with our respective obligations under all applicable data protection related laws and regulations, including (without limitation) the Data Protection Act 2018 and The Privacy and Electronic Communications (EC Directive) Regulations 2003 (in each case as amended or superseded from time to time). Ozone’s obligation towards you in this paragraph 2 is subject to the performance by you of the obligations set out in paragraph 3.
As Ozone does not have a direct relationship with Data Subjects, you will provide us with such cooperation and assistance as we reasonably require to enable us to comply our legal obligations. In particular, you will (1) assist us in ensuring that Ozone has a legal basis for processing the Interest Based Ads Data for the purposes that are anticipated by our Agreement and/or applicable parts of Ozone’s Privacy Notice, and (2) have in place, on each relevant digital property owned and/or operated by you [(or by a third party on your behalf)]:
a ‘cookie banner’ (or other appropriate mechanism) that complies with the requirements of applicable data protection legislation and obtains consent (within the meaning of EU Regulation 2016/679) for and on behalf of Ozone for (i) the deployment of Tags on the Data Subject’s device(s), and (ii) Ozone’s collection and processing of the Interest Based Ads Data; and
[You shall maintain at your principal place of business, and make available to Ozone, all information and records that are necessary to demonstrate compliance with your obligations under this letter. Ozone shall have the right, at any time during normal business hours and on reasonable notice, to conduct (or mandate an independent third party auditor to conduct) an audit of such information and records for the purposes of auditing your compliance with your obligations under this letter and you shall give all necessary assistance in respect of the conduct of such audits.]
[[Each party’s OR Ozone’s] maximum aggregate liability under or in connection with this letter or any data protection related obligations in the Agreement, whether in contract, tort (including negligence) or otherwise, shall in no circumstances exceed £[AMOUNT]. Notwithstanding the foregoing, neither party shall be liable to the other for any loss of income or profits, loss of contracts or for any indirect or consequential loss or damage of any kind howsoever arising and whether caused by tort (including negligence), breach of contract or otherwise.]
This letter and any dispute or claim arising out of, relating to or in connection with it shall be governed by, and construed in accordance with, the [laws of England]. All disputes and claims arising out of, relating to or in connection with this letter agreement shall be subject to the exclusive jurisdiction of the [English Courts], to which the parties irrevocably submit.
For and on behalf of
Ozone Project Limited
We have read and agree to the provisions of this letter of variation.
Signed for and on behalf of
[Name of Advertiser entity]