Privacy Policy

Last updated: October 17th, 2023

OVERVIEW
This privacy policy (“Privacy Policy”) explains how information (both customer and end user information) is collected and utilized by Alta. and its subsidiaries and affiliated companies (“Alta”, “our”, or “we”). This Privacy Policy applies to the websites provided by Alta, including without limitation, www.Alta.io (the “Sites”) and Alta’s online services (“Online Services”). Our Online Services allow publishers of mobile applications to show ads on their applications, and advertisers to reach audiences that may be interested in their products or services (“Customers” or “customers” refers to publishers and advertisers (current and prospective) and their employees. “End users” or “end users” refers to end users of our customers’ services.” “You” and “your” refers collectively to customers and end users). If you have any concerns about this Privacy Policy you may send an email to business@alta.io.
 
1. COLLECTION AND USE OF INFORMATION
Purposes of processing. Our primary goals in collecting and using information are:
to provide the Online Services and the Sites,
to administer and assist customers with their Online Services account, and
to provide a better experience with and to improve the Online Services.
How we process your data. Information about customers and end users will be stored and processed by us in the United States. For more information about the transfer of your data to the United States, please refer to Section 5.
Legal basis for processing. Some jurisdictions require a legal basis for processing personal data. The EU and Swiss and similar legal systems’ legal basis for the processing of end users’ personal data is consent for our use of end user personal data and the performance of the agreement between Customer and Alta Inc for our use of end user personal data on behalf of customers, or, for employees working for a customer, the legitimate interests Alta has in processing such data in order to provide the Online Services to our customers. In some instances, we may also rely on consent that has been given for specific forms of processing.
 
2. WHAT INFORMATION WE PROCESS
a) Information about Customers
Registration: During the registration process on our Sites, customers may be asked for certain information, which may include their name, their email address, the company for which they work, their country, and a password. This registration information is used to validate customers when they visit the Sites. It may also be used to send customers additional promotional information about our services. Employees of customers can opt out of receiving promotional emails at any time by using the link provided for this purpose in each email. If customers are entered in a Alta promotion in connection with their registration, we will also use their name and email address to contact them if they have won a prize in that promotion, and will ask them for the address at which they would like to receive their prize. We store all data associated with customer accounts, including contact information, applications and campaigns. Contact/Content: On the Sites we may offer online forms to enable customers to contact us. We may also offer customers the opportunity to request specific content, like newsletters and whitepapers we publish. When we request contact details (such as name and email address), we may ask for consent to use these to send information about our Online Services in the future.
 
Cookies and Beacons: A “cookie” is a small text file that contains a string of alphanumeric characters. There are two types of cookies that may be used at our Sites: persistent cookies and session cookies. A persistent cookie gets entered by a Web browser of a visitor to our Sites (“Site visitor”) into the “Cookies” folder on their computer and remains in this “Cookies” folder after their browser is closed. Persistent cookies may be used on subsequent visits to the Sites. A session cookie is held temporarily in a computer’s memory and disappears after a Site visitor closes their browser or shuts off their computer. The Sites or the emails we send may also use Web beacons (also called “clear GIFs” or “pixel tags”) in conjunction with cookies. Web beacons are small strings of code that are placed in a Web page. If a Site visitor arrives at the Sites by clicking on a banner ad for one of our products or services, a session cookie may be used. This cookie will contain an identification number for the ad that a Site visitor clicked on, or will contain an identification number for the Sites that a Site visitor was visiting when they clicked on the banner ad. This session cookie helps Alta determine which of our ads attract the most visitors. If, after a Site visitor arrives at our Sites and requests further information from us about our products and services, the information provided in that request will be linked to the information in the session cookie. This also helps Alta measure the effectiveness of our advertising. Because this is a session cookie, it will disappear once a Site visitor closes their browser. Our Sites may use persistent cookies, Web beacons and information collected in our log files (such as Internet Protocol Address, referring URLs, etc.) about activities at the Sites to better understand how the Sites are used, resolve technical problems, and enhance the experience of Site visitors. We may use a third-party email technology to send emails that customers have agreed to receive. Web beacons are used in those email messages to measure the effectiveness of our advertising. In addition, Alta may serve ads on the Sites using our own ad serving technology. In doing so, one of our ad servers will place or read a unique ad-serving cookie on a Site visitor’s computer and will use information about their browser and activities at the Sites. The ad serving cookie is a persistent cookie. We may also allow third parties to place cookies on our Sites to track use of the site to enable us to analyze the traffic of our marketing pages. Examples of such providers of analytics services may include Google Analytics.
 
b) Information about End Users
Online Services: When an ad is served through our Online Services, we and others may collect the following from end users’ devices: bundle ID, language ID, operating system version, device model, software developer kit (SDK) version, unique device identifier, and IP address. In order to enhance contextual targeting, we and others may collect some screen, audio, connectivity, storage and battery settings and information of devices. In addition, when an end user accesses a video ad, we and others may collect additional stats about videos and video playback such as: start/boot-up information, amount played/session length information, memory on device used for our video cache, videos cached on a device and complete view event. We identify an end user’s device using Alta’s internal device ID, which is linked to an end user’s Apple IDFA, Google Advertising ID (GAID), or Android ID, as applicable. If a customer uses Alta’s Post-Install Tools, which include Post-Install Analytics, Publisher Segmentation and Retargeting, we and others may access and collect data such as the following: when an end user launches the app, how long the end user plays the app, and in-app events. We and others may use this information to provide customers with an end user’s usage data, advertising campaign optimizations, and user re-targeting based on a user’s usage patterns. We also receive any of the information described in this section about end users from third party data providers, advertisers, or advertising services companies including mobile device identifiers, geolocation, IP addresses, website cookie information and usage data. We and others combine information about end users with additional demographic, geolocation and interest-based segment data, along with cookie information, including from third-party providers. We and others may also derive inferences about demographics, geolocation and interests based on end user information. The additional information we, infer, access, and collect may determine the nature of the ad that the end user sees. [GBdCG7] If customers do not want to expose end users to behaviorally targeted advertising campaigns, customers can choose to opt out of behavioral targeting by following the relevant instructions as set out on the Sites.
 
3. INFORMATION SHARING OR DISCLOSURE
We may share any of the information described above as follows.
 
Processors and service providers. We contract with third parties to provide some part of the Online Service or to assist us in analyzing our services or information. Alta may provide this information to such third parties, or such third parties may collect information from you or the end users on our behalf or on behalf of our customers. We may also share this information with third parties with whom we have a strategic relationship, including on behalf of our customers, such as advertisers, demand side platforms, measurement/attribution companies, and advertising services companies. The information shared with these third parties may be used, among other things, for industry analysis, tracking ad conversions, cross-device matching, behavioral advertising or demographic profiling, and to provide services on behalf of our customers. These third parties may collect information about your online activities over time and across different websites and applications.
 
Business partners. We may also provide this information to our business partners or other trusted entities, including on behalf of our customers, for the purpose of providing you with information on goods and services we believe will be of interest to you.
 
Public authorities. Public authorities. We may be required to disclose information about you in response to lawful requests by public authorities, including to meet national security or law enforcement requirements, and will disclose such information to government or law enforcement officials or private parties as we, in our sole discretion, believe necessary or appropriate to respond to claims and legal process (including but not limited to subpoenas), to protect the property and rights of Alta, our customers, end users, or any third party, to protect the safety of the public or any person, or to prevent or stop activity we may consider to be, or to pose a risk of being, illegal, unethical or legally actionable. In addition, we may disclose this information to third parties in connection with a corporate re-organization, bankruptcy, liquidation, merger or amalgamation, or the sale of all or substantially all of our assets.
 
By Your request. We may share information for other purposes if you or our customers direct us to do so or you consent to such sharing.
 
Aggregate or anonymous data. Finally, in addition to the information described above, we may share aggregate or anonymous information about you or end users with advertisers, publishers, business partners, sponsors, and other third parties, including on behalf of our customers.
 
4. PRIVACY PRACTICES OF CUSTOMERS AND THIRD PARTIES
In our Terms & Conditions, we require Alta customers to post a privacy policy, to provide and/or obtain all required end user notices and/or consents, and to comply with all applicable laws and self-regulatory guidelines, but we are not responsible for our customers’ privacy practices. To assist customers in compliance with their obligations under applicable law, our Privacy Policy contains information on the way Alta processes end user personal data. In particular, information given to the end users who are based in the EU, Switzerland or jurisdiction with similar rules at the time their consent is asked, should include the following:
the collection of their data by Alta as described in this Privacy Policy, including a link to this Privacy Policy;
that their data will be collected by Alta to show ads on customers’ applications, including ads which are based on behavioral targeting (for example: ads for games which are similar to those which they have installed and played before);
the transfer of their data to Alta in the US under the European Commission’s Standard Contractual Clauses;
their rights as data subjects, as described in Section 8;
their right to withdraw consent at any time;
their right to lodge a complaint with a supervisory authority.
End users of a customer should review that customer’s privacy policies. We also do not control and are not responsible for the privacy practices of any other third party, and any website or service that links to or from our Sites or the Online Services. This Privacy Policy applies solely to information collected by Alta.
 
5. INTERNATIONAL TRANSFERS
Alta is a company based in the Hong Kong. In the context of the provision of Online Services, your Personal Data may be transferred from the European Economic Area (“EEA”), Switzerland, and/or the United Kingdom to Alta in the United States, and to our affiliates and third parties that are based in other countries. Any such transfers will be made on the basis of the Standard Contractual Clauses approved by the European Commission, as may be found at https://ec.europa.eu.
 
For the transfer of data from other jurisdictions to the United States, Alta relies on Your express consent to such transfer, as given on your access and use of Online Services, Online Service Interface and Online Service Apps. Alta will make all reasonable efforts to guarantee the same level of security, confidentiality and lawfulness for the processing occurring in the United States as You would have in your own country.
 
6. CONFIDENTIALITY AND SECURITY
Alta adopts and employs adequate security measures to protect any and all personal data it collects, processes and holds on customers and end users. While we cannot guarantee that loss, misuse or alteration to your data will not occur, we make good faith efforts to prevent such occurrences and, should they occur, we will take all the adequate and reasonable steps to eliminate or minimize the effects of such occurrence and to prevent it from happening again. We do not warrant or represent that your account or any of your information will be protected against, loss, misuse, or alteration by third parties.
 
7. COMMUNICATIONS
It is our policy to provide communications, whether such communications are required by law or are for marketing or other business related purposes, to our customers via e-mail notice, written or hard copy notice, or through posting of such notice on our Sites, as determined by us in our sole discretion. Notwithstanding the foregoing, we reserve the right to determine the form and means of providing notifications to our customers.
8. DO NOT TRACK, CALIFORNIA DO NOT SELL MY INFO, AND END USER CHOICES
Because the Sites we operate do not collect or use the type of information that is generally subject to your browser’s “Do Not Track” (DNT) privacy preference, our websites do not look for this signal from your browser. Your DNT settings, however, may affect the third-party services we use. You may control how your browser responds to cookies by adjusting the privacy and security settings of your web browser. You may opt out of interest-based advertisements by adjusting the settings on your mobile device. For iOS mobile devices, go to “Settings” from the device’s home screen; scroll down to “Privacy”; select “Advertising”; and turn on “Limit Ad Tracking.” For Android mobile devices, go to “Google Settings” on the device; select “Ads”; and check the box labeled “Opt Out of Interest-Based Ads.” You can review http://www.networkadvertising.org/mobile-choices for more information regarding how you may opt out via the mobile platform. If you would like to disable the collection of your mobile device geolocation information, you can make this selection on your mobile device. To learn more about interest-based advertising, and to access the opt-outs of certain online advertising companies, visit the Network Advertising Initiative at http://www.networkadvertising.org/choices/#completed or Digital Advertising Alliance (DAA) at http://www.aboutads.info/choices/. You should complete the opt-out process for all devices and browsers you use. If you opt-out of targeted advertising, you will still receive general advertisements.
 
9. RIGHTS OF EU AND SWISS DATA SUBJECTS
Alta recognizes that any individual in the EU, Switzerland or other jurisdictions with similar rules for data protection has the following rights in relation to their information:
The right to obtain, at reasonable intervals and free of charge, confirmation as to what personal data about them are processed by Alta
The right to object to processing of personal data about them for direct marketing purposes
The right to have personal data about them rectified, blocked or deleted if the data are incorrect, incomplete, irrelevant, outdated or processed unlawfully
The right to object to processing based on their particular situation
The right to receive the personal data about them which they have provided to Alta in a structured and commonly used format and to transmit those data to another controller
The right to obtain information about how their data has been shared with third-parties
The right to revoke consent and have data processed on such basis to be erased.
 
Online Services Interface tools. Some of your information can be changed or deleted by following the process provided in the Online Services Account, unless we must keep the information for legitimate business or legal reasons. If you delete certain portions of your information, your account may become deactivated.
 
Support requests. If the request you wish to make is not possible through our Online Services Interface tools, you may file a support request by visiting answers.chartboost.com and going to the ‘Contact Us’ page.
 
Identity verification. We may request evidence of your identity for verification purposes. We will respond to your request within the applicable statutory term. If an end user exercises any of their rights with you with respect to the processing of their information by us, please use the tools in the Online Services Account to accommodate their request, or, if this is not possible, please visit answers.chartboost.com and go to the ‘Contact Us’ page.
 
10. RIGHTS OF CALIFORNIA RESIDENTS
Customer Data. The processing of certain personal information about customers that are California residents is subject to the California Consumer Privacy Act (“CCPA”) and the following rights apply with respect to that data.
 
Right to know and right to delete. Customers have a right to request that we disclose what personal information we collect, use, disclose, and sell about them. Much of the information about categories of data is already included in this privacy policy. Customers also have a right to request that we delete certain personal information we have about them. Customers may make such a “request to know” or “request to delete” their personal information (subject to our verification of your identity and a number of exceptions) by visiting answers.chartboost.com and going to the ‘Contact Us’ page.
 
Right to opt out. Customers have the right to opt out from future “sales” of personal information. To do so, review section 8 of this policy (DO NOT TRACK, CALIFORNIA DO NOT SELL MY INFO, AND END USER CHOICES).
 
Customer’s End User Data. We are a service provider as defined by CCPA with respect to personal information we process on behalf of our customers about their respective end users. To understand rights end users have with respect to personal information we process as service providers on behalf of our customers, please visit their respective privacy notices.
 
11. RETENTION PERIOD
Alta retains information about you for as long as necessary to fulfill the purposes for which we collected the data, except if required otherwise by law. We may store information for longer periods for complying with our legal and regulatory obligations, to defend Alta interests (in case of a dispute), for archiving or statistical purposes in which case we will take appropriate measures to ensure that the information is used solely for this purpose.
12. COMPLAINTS
If you do not agree with this Privacy Policy or the way Alta processes information about you, you can also lodge a complaint to a competent supervisory authority in your country of residence.
13. CHANGES TO THIS PRIVACY POLICY
We may change this Privacy Policy at any time, at our sole discretion. Any relevant changes or modifications to this Policy will be notified to You by the posting of a notice on the Sites and, if you are a customer, by either e-mail or other means of communication, as set out in Section 7. If You access the Online Services after the new version of the Policy is published and/or communicated to You, You agree to its new terms; should You disagree with the terms of the new version, You must cease using the Online Services and/or the Online Services Apps. If we make any changes to this Policy, we will change the “Last Updated” date above.
14. CONTACT
If you have any questions or suggestions regarding this Privacy Policy, or have any concerns about privacy, please contact us at business@alta.io.

Terms & Conditions

Last updated: April 16th 2023

PARTICIPATION IN OR ANY OTHER USE OR ACCESS OF THE ONLINE SERVICES (AS DEFINED BELOW) INDICATES THAT YOU ACCEPT THESE TERMS AND CONDITIONS (“AGREEMENT”). IF YOU DO NOT AGREE TO ALL OF THE TERMS IN THIS AGREEMENT AND ALL TERMS, POLICIES AND GUIDELINES INCORPORATED BY REFERENCE, INCLUDING BUT NOT LIMITED TO THE STANDARD CONTRACTUAL CLAUSES APPROVED BY THE EUROPEAN COMMISSION, AS MAY BE FOUND AT https://ec.europa.eu (the “SCCs”), the DSA (AS DEFINED BELOW), AND CHARTBOOST’S PRIVACY POLICY (AS DEFINED BELOW), YOU MAY NOT ACCESS OR OTHERWISE PARTICIPATE IN THE ONLINE SERVICES.

“You” or “Your” (whether capitalized or lower-case) means any entity identified in an enrollment form submitted by the same or affiliated persons, and/or any agency, network or other third party that has access to Your account and/or Your Online Services Data (as defined below), which will also be bound by the terms and conditions of this Agreement. The Online Services are available only to individuals who are at least 18 years old and to companies that are appropriately licensed and otherwise legally permitted to conduct business. You represent and warrant that (a), if you are an individual, you are at least 18 years old, and (b) if you are a company, that you are appropriately licensed and legally permitted to conduct business.

This Agreement, including any terms or policies referred to herein, and any relevant addenda (collectively “Agreement”) constitutes the entire and only agreement between You and Alta, Inc. (“Alta”), and supersedes all prior or contemporaneous agreements, representations, warranties and understandings with respect to the content, products or services, which may include any real-time bidding mechanisms (“Real-Time Bidder” or “RTB”), provided by Alta (the “Online Services”), and the subject matter of this Agreement.

Alta may modify this Agreement at any time by posting a revised version of this Agreement. Such revised Agreement will become effective on the later of (a) seven (7) days after being posted or (b) the date set forth in the revised Agreement. PARTICIPATION IN OR ANY OTHER USE OR ACCESS OF THE ONLINE SERVICES ON OR AFTER THE EFFECTIVE DATE OF SUCH REVISED AGREEMENT INDICATES THAT YOU ACCEPT SUCH REVISED AGREEMENT.

1. Description of Online Services.

If you are a publisher, during the Online Services Term (as defined below) Alta will serve to You advertisements provided by third party advertisers (“Online Services Ad(s)”), for display on the app(s) that use and/or are accessible via the Online Services (“Online Services App(s)”), based upon the criteria selected by You and/or Your advertisers via the protocol and/or user interface provided by Alta for accessing the Online Services. This protocol and/or user interface may be updated by Alta from time to time without notice to you (“Online Services Interface”).

If you are an advertiser, during the Online Services Term you will provide Online Services Ads for display on the Online Services Apps.

2. Implementation of Online Services. You will implement the Online Services in a manner that complies with the technical and implementation requirements provided on Alta’s website currently located at www.alta.com (the “Site”) or in writing by Alta to You from time to time, including those instructions contained in the documentation regarding the Online Services Interface. Without limiting the foregoing, You acknowledge and agree to the following:

a) Online Services Obligations. In order for the Online Services to work correctly, You must provide the following information with every ad request: (i) a unique device identifier or other device ID, (ii) Ad unit ID, mapped to the application that is in use by the end user, (iii) device type, (iv) language, (v) OS version, (vi) SDK version, (vii) device model, (viii) display type, (ix) bundle ID, (x) user agent, and (xi) country. In addition, for any video ad request You must provide statistics about videos and video playback required by Alta such as: start/bootup information, cancel, amount played/session length information, memory on device used for our video cache, videos cached on a device and complete view event. For certain Online Services, such as RTB, you will also be required to provide all attributed and non-attributed end user in-app purchase data and certain other post-install user data (collectively, “Post-Install Data”), which may include data obtained from third party mobile measurement partners. Post-Install Data may include identifiers for advertising, timestamps, purchase amounts, and bundle and product IDs.

In addition, You or Your selected third-party attribution platform, which must be acceptable to Alta, must notify Alta when an application is opened by the user. Alta may collect certain data (“Attribution Data”) from You or from such third-party attribution platform. Attribution Data includes but is not limited to all sessions for the applicable app, as well as attributed and non-attributed installs to Alta. You will be solely responsible for all, without limitation, Online Services Ad content, Online Services Ad information, Attribution Data, Post-Install Data, Online Services Ad URLs, editorial, text, graphic, audiovisual, and other content and any other information You provide to the Online Services, whether generated by or for You by a third party (“Online Services Data”). You will protect any Online Services accounts, usernames or passwords and take full responsibility for Your own, and third party, use of any Online Services accounts, usernames or passwords. You will obtain Alta’s prior written consent (to include email) for any third party use of the Online Services except for (i) a third party’s use solely to provide analytics information for Your Apps and (ii) a bona fide advertising agency’s use. If You permit any third party to access your Online Services account, you agree that You are liable for any such third party usage. If you permit a third party to provide to Alta post-install data on Your behalf using “Post-Install Tools”, which include Post-Install Analytics, Retargeting and Newsfeed, you must generate a unique authentication token that must be used in connection with such third party’s provision to Alta of such data, which may include Post-Install Data. You will not permit access to the third party unless and until such third party agrees to comply with Alta’s terms and conditions. Any data collected or accessed through the Online Services must be directly accessible by Alta. Your use of an intermediary who has sole direct access to user data arising from the Online Services is prohibited.

b) Policies. Alta will have no obligation to process a request for Online Services Ads that are not sent in compliance with the requirements of this Agreement. While Alta does not intend, and does not undertake, to monitor the Online Services Ads and/or Online Services Data, if Alta is notified by You or otherwise becomes aware and determines in its sole discretion that the Online Services Ads and/or Online Services Data or any portion of the Online Services Ads and/or Online Services Data or Your trade names, trademarks, service marks, logos, domain names, and other distinctive brand features: (i) violates the intellectual property rights or any other rights of any third party; (ii) violates any applicable law or is subject to an injunction; (iii) is pornographic, obscene or otherwise violates this Agreement; (iv) is being distributed by You improperly, including but not limited to without third party consents as required by applicable law and regulations; or (v) may create liability for Alta, Alta may reject, remove, withdraw from, not display or cease displaying that Online Services Ad and/or Online Services Data from the Online Services entirely with no liability to Alta. You will have and abide by an appropriate privacy policy and will comply with all applicable laws and self-regulatory guidelines relating to the collection and use of information from end users of Online Services App(s), including any applicable requirement to obtain consent from end users for Alta to use processing and storage capabilities of their terminal equipment. You must post a privacy policy in each Online Services App and such policy must provide clear and comprehensive information about notice of Your use of a cookie or other mechanism for Alta to collect end user traffic data and the further use of end user data by Alta as set out in Alta’s then-current Privacy Policy (“Privacy Policy”)  as a result of Your use of the Online Services. Your privacy policy should also describe the ways the end user can withdraw consent for such collection and use of their personal data. Without limiting the foregoing, You shall ensure that all end users have provided all necessary consents and permissions for You to make Post-Install Data available to Alta under this Agreement, including for use, retention, and disclosure in accordance with Alta’s Privacy Policy.

c) Prohibited Actions. You will not, and will not allow any third party to: (a) directly or indirectly access, launch and/or activate the Online Services through or from, or otherwise incorporate the Online Services in, any software application, website or other means other than the Online Services App(s), and then only to the extent expressly permitted herein; (b) transfer, sell, lease, syndicate, sub-syndicate, lend, or use for co- branding, timesharing, service bureau or other unauthorized purposes the Online Services or access thereto (including, but not limited to ads, including without limitation Online Services Ads, or any part, copy or derivative thereof); (c) directly or indirectly generate queries, or impressions of or clicks on ads, including without limitation Online Services Ads, through any automated, deceptive, fraudulent or other invalid means (including, but not limited to, click spam, robots, macro Online Services, and Internet agents); (d) encourage or require end users or any other persons, either with or without their knowledge, to click on ads, including without limitation Online Services Ads, through offering incentives or any other methods that are manipulative, deceptive, malicious or fraudulent; (e) modify, adapt, translate, prepare derivative works from, decompile, reverse engineer, disassemble or otherwise attempt to derive source code from the Online Services, Altaʼs then current protocol for accessing and implementing the Online Services (the “Alta Protocol”), or any other Alta technology, content, data, routines, algorithms, methods, ideas design, user interface techniques, software, materials, and documentation; (f) remove, deface, obscure, or alter Altaʼs copyright notice, trademarks or other proprietary rights notices affixed to or provided as a part of the Online Services, the Alta Protocol, or any other Alta technology, software, materials and documentation; (g) create or attempt to create a substitute or similar service or product through use of or access to any of the Online Services or proprietary information related thereto; or (h) utilize any feature or functionality of the Online Services, or include anything in Online Services Data or Online Services Ads, that could be so utilized, to personally identify and/or personally track individual end users or any other persons.

d) Restrictions. You must use the Online Services only for serving advertisements and promotions to Online Services Apps. You may not use the Online Services to serve other content. You may not serve advertisements that interfere with the correct operation of the userʼs mobile device. You may not use the Online Services with Online Services Apps that: (i) promote or depict illegal activity or violence, (ii) advocate against a particular group , (iii) infringe a third party’s rights, (iv) introduce viruses, spyware, and malware, (v) contain sexually explicit content, (vi) depict illicit drugs and drug paraphernalia, (vii) promote weapons or ammunition, (viii) promote hard alcohol, (ix) could harm minors in any way, or (x) contain any content that is illegal, promotes illegal activity, misleading, inaccurate, or infringes on the legal rights of others.

e) No Endorsement. Alta does not represent or endorse any ads, links, content, advice, opinion, offer, proposal, statement, data or other information from any third party products/services (“Disclaimed Content”) that is displayed or distributed through Online Services. Alta hereby disclaims any liability or responsibility for any Disclaimed Content. Alta reserves the right, but will have no responsibility, to edit, modify, refuse to post or remove any Disclaimed Content, in whole or in part, that in Alta, in its sole and absolute discretion, deems is objectionable, erroneous, illegal, fraudulent or otherwise in violation of this Agreement.

3. Online Services Term. This Agreement will be effective as of the date Alta activates Your Online Services account and will continue until terminated as provided in this Agreement (the “Online Services Term”). Unless agreed otherwise in writing, You may terminate this Agreement, with or without cause, at any time by sending written notice of Your desire to cancel Your participation in the Online Services to service@alta.com. This Agreement will be deemed following Altaʼs receipt of Your notice. If You violate this Agreement, Alta may in its sole discretion, with or without notice, terminate this Agreement, or suspend or terminate the participation of Your Online Services App in all or part of the Online Services. In addition, Alta may in its discretion terminate this Agreement, or suspend or terminate the participation of Your Online Services App in all or part of the Online Services, for any other reason or no reason, upon thirty (30) days’ prior notice.

4. Advertiser and Agency Obligations. You will be solely responsible for all matters related to You and to third party advertisers who provide advertisements to You as an agent in connection with the Online Services (“Third Party Advertisers”), including without limitation the solicitation and trafficking of Online Services Ads, billing and payment of Third Party Advertisers, providing all technical support services to Third Party Advertisers, and handling all other inquiries and disputes of any type or nature related to You or to Third Party Advertisers. For clarity, Alta shall have no obligations or liability of any kind with respect to Third Party Advertisers.

5. Payments and Fees. Some of the services in the Online Services require payment of fees.

If You are an advertiser under a “pre-payment account” (meaning an account in which You pay for the Services in advance), You will pre-pay all applicable fees together with any applicable taxes, as described on the Site, in connection with the Online Services.

If You are an advertiser under a “post-payment account” (meaning an account in which You pay for the Services after invoicing by Alta), Alta will invoice You based on the numbers in Alta’s online reporting system, which numbers will be deemed final and payment will be due from You within the payment terms established on the invoice.

If You are an advertiser and want to run a Cost Per Install (“CPI”) campaign you are required to have  properly integrated either the Alta SDK or a valid server-to-server with an attribution provider. When using the SDK, Alta may keep the install loop open for a period of 21 days or such other period set forth in applicable rules or guidelines. During this time, installs will still be reported for campaigns that might be off (not displaying any new impressions) but the advertiser will still be accountable for the install and the publisher will be paid for installs coming from clicks that they delivered in the past.

If Your payment method fails or Your account is past due, Alta may take steps to collect past due amounts using any available collection mechanisms. User agrees to pay all expenses associated with such collection, including reasonable attorneys’ fees.

Interest will accrue on any past due amounts at the rate of the lesser of 1% per month or the lawful maximum.

If You are a publisher, Alta will pay You the monthly earnings reflected in the Online Service dashboard, subject to the minimum applicable threshold for payment. Any such payments will be related to valid impressions shown on the applicable Online Services Apps and the pricing associated with such impressions.

Net Revenue means revenue actually received by Alta from the sale, use or other disposition of Online Services Ads displayed on the applicable Online Services Apps less sales, use, value added and excise taxes, less any agency commissions, buyer fees, carrier and/or partner fees, and less any allowances actually made or taken for returns, cash discounts or promotional allowances but excluding other revenue indirectly earned, if applicable, for consulting, planning and targeting, copywriting, site building, account management or technical modifications or technical innovations which may be charged by Alta to third parties from time to time.

In the event that Your earnings for any given month are less than the applicable threshold communicated to User via User’s online account, Alta reserves the right to roll such payment over month to month until the applicable threshold is met.

All payments will be calculated solely based on Alta’s accounting. Payments to you may be withheld to reflect or adjusted to exclude any amounts refunded or credited to advertisers and any amounts arising from invalid activity, as determined by Alta in its sole discretion. Unless otherwise agreed by Alta in writing, invalid activity is as determined solely by Alta in all cases and includes, but is not limited to, the Prohibited Actions stated in Section 2(c) of this Agreement.

Alta reserves the right to change its fees and to institute new charges at any time, upon prior notice. To ensure proper payment, You are solely responsible for providing and maintaining accurate contact and payment information associated with Your account. Alta’s fees do not include Taxes and You agree to pay all applicable taxes imposed by any government entity in connection with the use of the Online Services.

6. License to Online Services Interface. Alta grants to You a limited, revocable, non-transferable, non-exclusive and non-sublicensable license during the Online Services Term to use the Online Services Interface solely for the purpose of transmitting Online Services requests and other required information and receiving Online Services results sets solely to the extent expressly permitted hereunder. Except to the limited extent expressly provided in this Agreement, Alta does not grant, and You will not acquire, any right, title or interest (including, without limitation, any implied license) in or to any Alta intellectual property rights; all rights not expressly granted herein are reserved to Alta.

7. Data Use. Alta may collect, retain, use, and disclose data and other information about You and Your end users, including but not limited to Online Services Data, subject to the terms of its Privacy Policy. In addition, Alta’s Data Sharing Agreement (“DSA”) (currently located at https://answers.alta.com/en-us/articles/115001490424) is hereby incorporated into this Agreement.

8. Confidentiality; Publicity. Each party agrees not to disclose the other party’s Confidential Information without the other partyʼs prior written consent. “Confidential Information” of a party means any information identified by a party as “Confidential” or an equivalent designation and any information disclosed under circumstances that a reasonable person should know such information is confidential/proprietary. Alta’s Confidential Information includes without limitation: (a) all software, technology, programming, specifications, materials, guidelines and documentation relating to the Online Services, including the existence and content of this Agreement and any information provided pursuant to the Agreement; (b) any statistics relating to the performance of the Online Services. Confidential Information does not include information that has become publicly known through no breach by the receiving party, or information that has been (i) independently developed without access to the disclosing party’s Confidential Information as evidenced in writing; or (ii) rightfully received without confidentiality obligations by the receiving party from a third party. A receiving party’s obligations in this section shall not apply to Confidential Information to the extent it is required to be disclosed by law or by a governmental authority. Alta may use Your name and logo in any news release, public announcement, advertisement, or other form of publicity. You shall not use Alta’s name or logo for any purpose without the prior written consent of Alta in each case. In addition, Alta may use any content used with the Online Services in any form of publicity.

9. Disclaimer. Alta does not represent or warrant that the Online Services are reliable, accurate, complete, or otherwise free from defects. Accordingly, the Online Services are made available for use “as is”, and any use thereof will be undertaken solely at Your own risk. Alta reserves the right, in its sole discretion, to include or cease providing the Online Services at any time (subject to notice as may be required herein), and Alta does not give or enter into any conditions, warranties or other terms with regard to the Online Services. In particular and without limiting the foregoing, no condition, warranty or other term is given or entered into to the effect that the Online Services will be of satisfactory quality, noninfringement or that the Online Services will be fit for any particular purpose.

10. Limitation of Liability. EXCEPT WITH RESPECT TO (A) EITHER PARTY’S BREACH OF SECTION 8 (CONFIDENTIALITY) OR (B) YOUR OBLIGATIONS UNDER SECTION 12 (INDEMNIFICATION), NEITHER PARTY WILL BE LIABLE TO THE OTHER OR ANY THIRD-PARTY CLAIMANT FOR ANY INDIRECT, SPECIAL, PUNITIVE, CONSEQUENTIAL (INCLUDING, WITHOUT LIMITATION, LOST PROFITS OR LOST DATA COLLECTED THROUGH THE ONLINE SERVICES), OR INCIDENTAL DAMAGES, WHETHER BASED ON A CLAIM OR ACTION OF CONTRACT, WARRANTY, NEGLIGENCE, STRICT LIABILITY, OR OTHER TORT, BREACH OF ANY STATUTORY DUTY, INDEMNITY OR CONTRIBUTION, OR OTHERWISE, EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME STATES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE LIMITATIONS OR EXCLUSIONS IN THIS AND THE FOREGOING PARAGRAPH MAY NOT APPLY. IN ANY EVENT AND NOTWITHSTANDING THE FOREGOING EXCLUSIONS, CHARTBOOST’S TOTAL CUMULATIVE LIABILITY TO YOU FOR ANY LOSS OR DAMAGES RESULTING FROM ANY CLAIMS, DEMANDS, OR ACTIONS ARISING OUT OF OR RELATING TO THIS AGREEMENT WILL NOT EXCEED THE NET AMOUNT PAID BY YOU TO CHARTBOOST IN THE SIX MONTH PERIOD IMMEDIATELY PRECEDING THE DATE OF THE CLAIM.

11. Representations and Warranties.

If you are a publisher:   You represent and warrant that: (a) you are the owner of each Online Services App designated in connection with the use of Online Services or that you are legally authorized to act on behalf of such owner for the purposes of this Agreement; (b) you have all necessary right, power and authority to enter into this Agreement and to perform the acts required of you hereunder; (iii) any data supplied or disclosed to Alta under or in connection with the Services shall be collected, used, disclosed, and otherwise processed in accordance with applicable data protection laws and regulations and without breach of any rights of any person or entity or of any agreement with a third party; (d) any data made available to Alta includes all necessary rights, consents, and permissions for Alta to collect, use, disclose, and otherwise process such data as set forth in this Agreement; and (e) each of the Online Services Apps and any material displayed therein comply with all applicable laws and regulations and all requirements of this Agreement.

If you are an advertiser:  You represent and warrant that: (a) you are the owner of each Online Services Ad designated in connection with the use of Online Services or that you are legally authorized to act on behalf of such owner for the purposes of this Agreement; (b) you have all necessary right, power and authority to enter into this Agreement and to perform the acts required of User hereunder; (c) any data supplied or disclosed to Alta under or in connection with the Services shall be collected, used, disclosed, and otherwise processed in accordance with applicable data protection laws and regulations and without breach of any rights of any person or entity or of any agreement with a third party; (d) any data made available to Alta includes all necessary rights, consents, and permissions for Alta to collect, use, disclose, and otherwise process such data as set forth in this Agreement; and (e) each of the Online Services Ads and any material displayed therein comply with all applicable laws and regulations and all requirements of this Agreement.

Alta represents and warrants that: (i) it has the power and authority to grant the rights and perform the obligations to which it commits herein; and (ii) its Online Services Interface will not knowingly violate the intellectual property rights of any third party.

12. Indemnification. You agree to defend, hold harmless and indemnify Alta and its affiliated companies, and each of their officers, directors, employees, agents, licensees (collectively, the “Alta Indemnitees”) from and against any and all liabilities, losses, damages, costs and expenses (including reasonable legal fees and expenses) relating to or arising out of or from (a) your use or inability to use the Online Services; (b) your violation of any term of this Agreement; (c) your violation of any applicable laws, rules or regulations; (d) your breach of any third party agreement; or (e) your violation of any right of any third party. You further agree, on behalf of yourself and your permitted successors, and your and their legal representatives, to the extent permitted by applicable law, not to make any claim, file any complaint, or bring any lawsuit or other action against any Alta Indemnitee arising out of or related to any breach or alleged breach by Alta (or any of its affiliated companies) of any agreement between Alta (or such affiliated company) and a third party, regardless of whether or not you are a third party beneficiary to such agreement.

13. Miscellaneous. This Agreement shall be governed by and construed in accordance with the laws of the State of California without regard to the conflicts of laws provisions thereof. Any claims, legal proceeding or litigation arising in connection with the Agreement will be brought solely in San Francisco County, California, and You consent to the jurisdiction of such courts. Neither partyʼs waiver of any default is a waiver of any subsequent default. Unenforceable provisions will be modified to reflect the partiesʼ intention, and remaining provisions of the Agreement will remain in full effect. You may not assign any of Your rights hereunder and any such attempt is void (except to Your successor in the event of Your merger, acquisition or sale of all or substantially all or Your assets). Alta and You are not legal partners or agents, but are independent contractors. You agree that there shall be no third party beneficiaries to this Agreement. Notwithstanding termination of this Agreement, the terms and conditions contained in this Agreement that by their sense and context are intended to survive the performance hereof by the parties hereunder shall survive and continue in effect.

14. Language. This Agreement is in the English language. If there is any discrepancy between the provisions of the English and another other language version of this Agreement, the provisions of the English version shall prevail and be used in interpreting this Agreement in all cases, and the provisions of any other language version shall not affect the interpretation of this Agreement.