Terms & Conditions for Advertisers (as of June 1st, 2018)

IndaHash Terms & Conditions for Advertisers as of June 2018
BY ORDERING OR OTHERWISE USING indaHash SERVICE, WHICH MEANS AT LATEST AT THE
MOMENT OF ORDERING CAMPAIGN, YOU, AS THE ADVERTISER, AGREE TO BE BOUND BY
THESE T&C UNLESS EXPLICITLY STIPULATED OTHERWISE IN A SEPARATE AGREEMENT.
THESE T&C SHALL APPLY TO ALL RELATIONSHIPS BETWEEN ADVERTISERS AND IDH MEDIA
IN SCOPE OF USING indaHash SERVICE.
THE ADVERTISER REPRESENTS AND WARRANTS THAT THE PERSON ACTING FOR AND ON
BEHALF OF THE ADVERTISER, WHO USES THE SERVICE AND AGREES TO T&C, IS DULY
EMPOWERED TO REPRESENT THE ADVERTISER AND ENTER INTO A BINDING AGREEMENT
ON BEHALF THEREOF.
IDH PROVIDES indaHash SERVICE IN SCOPE OF WHICH IT PROVIDES COMMUNICATION
PLATFORM BETWEEN THE ADVERTISER AND PUBLISHERS AND ACTS AS AN INTERMEDIARY
BETWEEN THE ADVERTISER AND PUBLISHERS. IDH ENABLES ADVERTISER EXECUTION OF
CAMPAIGN WITH PUBLISHER(S) ENGAGEMENT, ACCORDING TO THE AGREEMENT. IDH
HOLDS NO LIABILITY FOR LEGAL COMPLIANCE OF CAMPAIGN, CAMPAIGN RULES, NOR THE
CONTENT WHICH PUBLISHER(S) PUBLISH AS AN EXECUTION OF THE CAMPAIGN.

DEFINITIONS
For the purposes of these indaHash Terms & Conditions for Advertisers (hereunder “T&C”)
the following words, terms and expressions shall have the following meaning, save where the
context explicitly requires otherwise:
1.1. “Advertiser” or “you” – a party, contracting with IDH in scope of ordering and
developing Campaigns. As an Advertiser can either of the following: a Client (direct
beneficiary of Campaign, usually brand owner), Client’s agent or a reseller of
indaHash Service conclude the Agreement with IDH.
1.2. “Agreement” – the entire understanding related to the provision of indaHash Service
by IDH to the Advertiser, governing in particular ordering and launching the
Campaigns, using the APP, the Dashboard or other features made available by IDH
The Agreement consists of: (i) T&C, (ii) T&C for Publishers – as an Addendum hereto
T&C – within the scope as Publisher – IDH relation affects the Advertiser, (iii) an
undersigned IO, (iv) Campaign Rules.
1.3. “APP” – mobile software application available for iOS / Android operating systems
called indaHash, originally developed and provided by IDH, protected by IP rights,
enabling the Publishers to take part in the Campaigns according to the Campaign
Rules.
1.4. “Dashboard” – desktop software application originally developed and provided by IDH,
protected by IP rights, enabling the Advertiser to overview the Campaigns.
1.5. “Campaign” – predominantly online promotional and marketing activities designed,
produced or invented by or for the Advertiser, performed normally via the APP by the
Publishers who in compliance with Campaign Rules contract with IDH by:
(i) publishing approved Material on the Publisher’s social media account(s) or
(ii) submitting approved Material for publication, or (iii) re-posting Material from the
Advertiser, or (iv) any other promotional or marketing activity involving Publishers or
other third parties, provided that requirements and format thereof was agreed with
IDH.
1.6. “Campaign Rules” – rules, guidelines, requirements and other conditions provided by
the Advertiser in writing (including fixed electronic form) in reference to a given
Campaign, requiring IDH approval in terms of technical compatibility, which the
Publisher undertakes to follow by taking part in the Campaign. Meeting Campaign
Rules requirements by the Publisher shall generally result in approval of the Material.
1.7. “IDH” or “IDH MEDIA” – IDH Media Limited, a company incorporated under laws of
Ireland, with its registered office at 22 Northumberland Road, Ballsbridge, Dublin 4,
Ireland, entered into the Registrar of Companies under the company number 563441,
VAT EU: IE 3376160 DH, or its relevant affiliates from the IDH Media capital group.
1.8. “IO” – an insertion order placed by the Advertiser with IDH for Campaign. IO’s sample
form is drafted & delivered by IDH and can be amended by IDH at its sole discretion.
1.9. “Material” – any material published, submitted for publication to or by the Advertiser
(respectively by or to the Publisher) or delivered otherwise in relation to a Campaign
(e.g. taken during an event), including texts, photos, video or audio clips, any
combination thereof or other publications.
1.10. “T&C for Publishers” – the current version of IDH terms of service for Publishers,
along with the attachments thereto, available through the APP and on
https://indahash.com/page/terms_publishers, constituting attachment no. 1 hereto.
1.11. “Publisher” – an approved user of relevant social media channel, who declares
meeting all criteria set out in terms & conditions thereof, T&C for Publishers and has
successfully registered for the indaHash Service via the APP, or by other means has
entered into cooperation with IDH, thus accepting the T&C for Publishers, any
additional, specific to her/him terms & conditions or other relevant regulations, as well
as applicable Campaign Rules.
1.12. “indaHash Service” – means IDH payable service under the name indaHash, involving
communication platform enabling the Advertiser to commission Campaigns
performance by Publishers according to the Agreement.
IndaHash SERVICE
2.1. IDH provides indaHash Service enabling the Advertiser ordering of a Campaign
according to the Campaign Rules.
2.2. The indaHash Service predominantly may – depending on arrangements and
available functionalities – consist of:
2.2.1. Creation, maintenance and management of an account within the Dashboard;
2.2.2. Campaign planning and forecasting;
2.2.3. Campaign management (managing contact with Publishers);
2.2.4. Facilitating self-management of a Campaign by making Dashboard available
to the Advertiser;
2.2.5. Pre-selection of Publishers apt for the Campaign as per description in point
5.5 and mediation between the Advertiser and the Publishers in regard to
Material delivery and its approval by the Advertiser, as described in point 5.7.;
2.2.6. Campaign performance summary.
2.3. In completion of the indaHash Service, provided that the Advertiser has fulfilled its
obligations hereunder, the Advertiser receives:
2.3.1. Campaign execution by the Publishers;
2.3.2. Licence to Material that was prepared by the Publisher(s) and approved by
the Advertiser in scope of the Campaign as described in point 5.7., subject to
the point 5.8.
2.4. Whilst IDH uses its best effort to involve Publishers who are appropriate for the
Campaign, the Advertiser agrees that IDH shall have no responsibility for any acts or
omissions of the Publishers. IDH takes no liability for Material delivered by the
Publishers, Material’s fitness for purpose, completeness, compliance with the
Campaign Rules, applicable obligatory legal provisions and/or good morals. The
Advertiser should verify on its own whether publishing Material and/or executing
Campaign is permitted under the laws of the country the citizens (residents) of which
are aimed and/or reached by the contents published on Publisher’s Social Media
account(s) in relation to the Campaign or any other applicable laws. In case of any
claims made by third parties against IDH, resulting directly or indirectly from violation
of the T&C by the Advertiser, the Advertiser shall as far as possible indemnify IDH
and substitute it in any official proceedings including court proceeding.
2.5. As the main channel for communication referring to the Campaign moderation and
management serves the Dashboard as described in point 4. Therefore the Advertiser
accepts full liability for any potential miscommunications or discrepancies resulting
from communication through other channels such as electronic messages (e-mail or
other instant messages) or through shared electronic documents.
ADVERTISER’S OBLIGATIONS
3.1. The Advertiser is solely responsible for effective delivery of properly filled in and
undersigned IO as well as sufficiently informative and a complete Campaign Rules,
including brief, containing all details relevant for the ordered Campaign. The
Advertiser cannot hold IDH liable for consequences of failure to include all significant
details and requirements in the Campaign Rules.
3.2. The Advertiser is obliged to pay for the indaHash Service and Campaign the amount
stipulated in the IO in due time as described in point 6.1.
3.3. The Advertiser shall arrange products and their shipment or make available the
services that are to be used in the Sampling Campaign, as described on point 5.10.3.
The Advertiser is solely responsible to ensure products and / or services availability to
Publishers in due time. The Advertiser cannot hold IDH liable for consequences of
failure to ensure products / services availability to the Publishers in case such
products / services should be used in the Campaign. In case Campaign execution is
impeded due to failure to ensure products / services availability to the Publishers in
case such products / services should be used in the Campaign, such Campaign may
be deemed delivered and IDH reserves right to receive payment of full amount, as
stipulated in the IO.
3.4. The Advertiser is solely responsible for the transfer of the ownership title to the
products onto the Publishers as described in point 5.10.3.2. in case of Product
Campaigns.
3.5. The Advertiser is obliged to obey binding provisions of law and good morals in
relation to all ordered Campaigns and Parties’ cooperation in general.
3.6. If the Advertiser is not a direct beneficiary of the Campaign (usually a reseller or an
agent of a Client), the Advertiser is obliged to duly inform Client (usually brand owner)
about these T&C and obtain all consents and / or licences necessary to properly
execute the Agreement and the Campaign. Such consents and / or licences must be
granted in a relevant form. The Advertiser shall be solely liable for violation of this
obligation at the same time indemnifying either / both IDH and / or Publishers from
any liability toward the Client resulting from such violation.
DASHBOARD
4.1. The Advertiser may receive an access to the Dashboard through an individual
account set up by IDH or by the Advertiser, provided that such functionality is agreed
on, available and offered by IDH.
4.2. The Advertiser undertakes to provide and keep up to date, current, and complete
information included in its Dashboard account (e.g. company name and address, tax
identification number).
4.3. IDH may suspend and/or close the Dashboard account of the Advertiser at its sole
discretion in case of the Advertiser’s material breach of the Agreement or other
important reasons, technical issues, usefulness of the Dashboard for the purposes of
the Agreement or business decision of IDH to resign from Dashboard feature.
4.4. By accessing the Dashboard for the first time the Advertiser confirms unconditional
acceptance of these T&C.
4.5. Through the Dashboard the Advertiser may in particular:
4.5.1. Process white- or blacklisting, as described in point 5.5., or other selection of
potential Publishers;
4.5.2. Pre-moderate Material as described in 5.7.;
4.5.3. Observe Campaign performance;
4.5.4. Receive Campaign performance report as described in point 5.14.;
4.5.5. Overview certain Campaign data such as: task for Publishers, Publishers’
nicks, billing mode etc.
4.6. Dashboard features and functionalities are subject to constant development.
Availability of data within the Dashboard, its layout and operation are subject to
changes at IDH sole discretion and do not constitute an amendment of these T&C.
4.7. The Advertiser is responsible for keeping confidential the password to Dashboard
account, as well as the password to any sub-user account. The Advertiser will notify
IDH immediately of any unauthorized or non-compliant access or use of its
Dashboard account or sub-user account(s) as well as in case of suspicion thereof
and will cooperate with IDH in order to stop it and avoid future occurrence of such
events. In such case the Dashboard account along with sub-user account(s) may be
immediately suspended or closed, as described in point 4.3. The Advertiser is liable
for any consequences of unauthorized or non-compliant access to the Dashboard
account or sub-user accounts, in particular for any activities within the Dashboard
such as whitelisting or blacklisting (as described in point 5.5.) and / or Material
approval (as described in point 5.7.), provided that such unauthorized or
non-compliant access was not due to sole fault of IDH.
4.8. IDH protects data submitted through the Dashboard account by implementing
relevant security procedures. IDH reserves the right to enhance, amend and update
its security procedures. Notwithstanding this, the Advertiser should be aware that
there are certain risks associated with internet communications. The Advertiser
acknowledges that the internet is a media over which IDH has no control. IDH
expressly disclaims, in so far as legally permissible, responsibility for any interception
of any communications and data or consequent loss or damage suffered by the
Advertiser arising out of the loss or delay of Advertiser’s communications and data
over the internet.
CAMPAIGNS
5.1. The Advertiser orders a Campaign by submitting an undersigned IO along with
complete Campaign Rules, unless agreed otherwise. No changes can be made to the
Campaign Rules after submitting an IO, unless agreed otherwise.
5.2. By ordering a Campaign the Advertiser confirms unconditional acceptance of these
T&C.
5.3. IDH may or may not at its sole discretion accept an IO. IDH reserves the right to
refuse Campaign’s launch or to terminate any ongoing Campaign in case of breach of
obligatory legal provisions, good morals or any other material breach of the
Agreement.
5.4. After submission of an undersigned IO, the Advertiser is not entitled to resign from the
Campaign. Should the Advertiser resign from the Campaign IDH reserves right to
payment of full amount stipulated in the IO.
5.5. In order to prepare Campaign launch the Advertiser may have to select Publisher(s)
who the Advertiser see as apt to take part in the Campaign (whitelisting) or
Publisher(s) deemed inapt for the Campaign (blacklisting), unless agreed otherwise.
5.5.1. If the list of the Publishers is provided as part of the indaHash Service, it
cannot be treated as a guarantee of participation of any Publisher in the
Campaign.
5.5.2. Selection of Publisher(s) may be processed through: (i) the Dashboard, (ii) an
e-mail or other electronic correspondence, or (iii) electronic shared
documents.
5.5.3. In case of processing selection of Publisher(s) through electronic shared
documents the Advertiser pledges to fully disclose the history of changes
made to the document to IDH. In case of discrepancies between information
noted by the Advertiser and information noted by IDH in regard to
Publisher(s) selection, IDH information shall prevail.
5.5.4. Rejection of Publisher(s) shall be based on measurable, objective criteria that
the Advertiser must disclose to IDH, otherwise rejection may be deemed as
non existent.
5.5.5. Whitelisting of Publisher(s) is a key, one-time activity, save for the point 5.13.
Publisher(s) selected to take part in the Campaign cannot be subsequently
rejected, unless agreed otherwise. In case an amendment to the whitelist is
admitted by IDH and such amendment results in an increase of Campaign’s
cost, IDH reserves right to revise the amount stipulated in IO by including
such cost.
5.6. The Campaign Rules shall include a brief. Brief should indicate type of Campaign (as
described in point 5.10.). For Sampling Campaign brief must indicate whether product
would be a part of Publisher’s remuneration. The Campaign Rules, in particular the
brief, once submitted, are deemed final and no amendments thereto shall be
accepted or executed, unless agreed otherwise. In case an amendment to the
Campaign Rules is admitted by IDH and such amendment results in an increase of
Campaign’s cost, IDH reserves right to revise the amount stipulated in IO by including
such cost.
5.7. Any Material to be included in the Campaign may be subjected to pre-moderation
procedures. The aforementioned procedures consists predominantly of Material’s
acceptance, adjustment or rejection by the Advertiser. The Material must be
compliant with the Campaign Rules in terms of measurable and technical
requirements.
5.7.1. Brief and other elements of Campaign Rules shall indicate measurable and
objective criteria. All other requirements shall be treated as non-binding
guidelines non-fulfilment of which cannot constitute a reason for rejection of
such Material.
5.7.2. Draft Material is delivered to the Advertiser by uploading it to the Dashboard
(deemed delivered as at the moment of uploading) or sent to the Advertiser’s
e-mail address (deemed delivered as at the moment of sending the e-mail).
5.7.3. IDH, where technically possible, verifies Material in terms of consistency with
the Campaign Rules of technical nature (such as photo’s definition or length
of text). IDH shall not be liable for verification of consistency of Material with
the Campaign Rules that refer to non measurable criteria.
5.7.4. The Advertiser verifies Material in terms of its fit to the Campaign’s purpose.
The Advertiser has 72 hours to comment on Material by approving it (explicit
approval), indicating adjustments or by rejecting it. Material is deemed
approved, if no comment is made by the Advertiser within 72 hours of
delivery (implied approval). An approval of the draft Material is a key,
one-time activity. The approved Material cannot be subsequently rejected,
unless agreed otherwise. In case an amendment to the already approved
Material is admitted by IDH and such amendment results in an increase of
Campaign’s cost, IDH reserves right to revise the amount stipulated in the IO
by including such cost.
5.7.5. The Advertiser may request adjustments to the draft Material of a minor
character (change of description, change of photo’s saturation etc.) or of a
major character. Any adjustment that is not minor is considered major. There
can be only one major adjustment of a draft Material. Request of adjustments
must indicate measurable and objective criteria, otherwise being may be
deemed as non existent.
5.7.6. In case of rejection of Material that is compliant to the measurable criteria of
Campaign Rules, such Material shall be treated as a properly delivered for
the purposes of Campaign execution measurement, targets delivery and
financial purposes (i.e. as if it was approved).
5.7.7. In case the Advertiser rejects Material that is compliant to the measurable
criteria of Campaign Rules, IDH reserves the right to adjust planned
Campaign’s Key Performance Indicator (KPI), at the same time reserving its
right to receive payment of full amount, as stipulated in the IO.
5.7.8. Pre-moderation of draft Material may be processed through: (i) the
Dashboard, (ii) an e-mail or other electronic correspondence, or (iii) electronic
shared documents. In case of the latter the Advertiser pledges to fully
disclose the history of changes made to the document to IDH. In case of
discrepancies between information noted by the Advertiser and information
noted by IDH in regard to draft Material pre-moderation, IDH information shall
prevail.
5.8. To Material that was delivered and approved based on point 5.7., at the moment of
execution of full payment in accordance with provisions of point 6.1., the Advertiser is
granted a licence to use Material (“Licence”) in accordance with the rules stipulated
T&C for Publishers. In case the Advertiser is not a direct beneficiary of the Campaign
(the Advertiser is not a brand owner) the licence is granted predominantly in purpose
of granting a sublicence to the approved Material by the Advertiser to the Client
(direct beneficiary of the Campaign, usually brand owner). It is advised that the
sublicence would be granted within the same scope as the Licence. Nevertheless the
use of the Licence can be restricted under provisions of an agreement between the
Client and the Advertiser and IDH cannot be held liable for any such restriction.
In any case the Licence to the approved Material is granted within following scope:
non revocable, worldwide licence for 10 years to use the Material in digital version, for
digital purposes and digital use in the following scopes:
5.8.1. processing, recording, reproduction by any technique, including printing,
reprographic techniques, recording of audio and/or vision, magnetic
recording, electronic media, storage on mobile devices;
5.8.2. incorporation of Material or part of it to other creative works of any type,
including different from the original Material;
5.8.3. sharing via computer and mobile networks, including the Internet and other
networks;
5.8.4. use for marketing purposes of any nature (including marketing campaigns,
using on platforms/services, landings etc.), use in business or non-economic
in nature also as a brand of the company, trademark or other distinctive
symbol of the company or a product or service without any restrictions;
5.8.5. public performance, display, playing, broadcasting and re-broadcasting, as
well as public share of Material in such a way that everyone can have access
to it at a place and time individually chosen by them;
5.8.6. displaying, as well as broadcasting, wired or wireless, of sound or vision via a
ground station or satellite;
5.8.7. exercising and allowing for the exercise by third parties of creative
developments of Material, including alterations and adaptations, adding
different elements, updating, modification of any kind;
5.8.8. use of the creative developments as whole or in parts, connecting with other
works.
5.9. If the Advertiser wishes to receive a licence to the Material within a different scope
than described in point 5.8., which in particular may include use of the Material for an
outdoor or television broadcast advertisement purposes, a separate explicit
agreement between the Advertiser and IDH is required.
5.10. The Advertiser can choose from various Campaign schemes, which – among others –
include the following types of Campaigns (while one Campaign can fall under several
Campaign types):
5.10.1. Standard Campaign – a Campaign within which Publishers deliver Material
either by posting it on their social media account(s) or by simply delivering it
for digital (or any other falling within the scope of the Licence) publication by
the Advertiser.
5.10.2. Regram Campaign – a Campaign within which Publishers re-post on their
social media account(s) Material delivered by the Advertiser on their social
media account(s).
5.10.3. Sampling Campaign – a Campaign within which Publishers deliver Material
either by posting it on their social media account(s) or by simply delivering it
for digital publication (or any other falling within the scope of the Licence
according to point 5.8. and 5.9.) by the Advertiser. Material usually would
involve product and / or service, either arranged by the Advertiser or
arranged by the Publisher upon arrangement cost reimbursement – usually in
case of products and / or services commonly available to the public. In no
case is IDH liable for successful delivery of the product to the Publisher,
collection of the product from the Publisher and its successful sending back
to the Advertiser. IDH does not warrant the product quality, nor is it
responsible for its proper functioning or any damages related thereto.
5.10.3.1. Test Campaign – a Campaign within which Publishers use product
and / or service for Campaign execution purpose without receiving
ownership title to the product or reimbursement for product and / or
service cost. Such product is usually sent back to the Advertiser by
the Publisher, according to separate arrangements.
5.10.3.2. Product Campaign – a Campaign within which Publishers use product
and / or service for Campaign execution purpose and receive
ownership title to the product or reimbursement for product’s and / or
service’s cost as a part of remuneration for participation in the
Campaign.
5.10.4. Event Campaign – a Campaign within which Publisher(s) take(s) part by
physical presence at an indicated venue, on the date and time indicated by
the Advertiser, licensing the right to use their image for marketing purpose,
for which a separate agreement concluded with particular Publisher(s) might
be required.
5.11. In case of Event Campaign, as described in point 5.10.4., the Advertiser is
responsible for enabling the Publisher(s) to take part in the Campaign in particular by:
giving reasonable period of notice, facilitating preparation of draft Material etc.
5.11.1. If the Publisher(s) cannot properly execute such Campaign due to
circumstances caused by the Advertiser, the Campaign is deemed properly
executed. In such case IDH reserves right to payment of full amount
stipulated in the IO.
5.11.2. If the Publisher(s) took part in the Event Campaign and delivered draft
Material compliant with the measurable criteria of Campaign Rules, the
Campaign is deemed properly executed even if no draft Material is approved
by the Advertiser. In such case IDH reserves right to receive payment of full
amount stipulated in the IO.
5.11.3. In case of Event Campaign has event notice period too short to process
selection of Publisher(s) according to point 5.5. the Advertiser waives any
right to take part in selection of Publisher(s). In such case the selection of
Publisher(s) made by IDH is deemed approved by the Advertiser.
5.12. IDH usually provides Campaign timeline with indicated time period and dates for each
milestone activity, such as selection of Publisher(s) (according to point 5.5.), Material
pre-moderation process (subject to point 5.7.) or Campaign launch. Failing to follow
the given timeline by the Advertiser could result in a respective shift of each
subsequent milestone activity in Campaign timeline or, in certain cases, it may result
in incapability to properly execute Campaign. In case proper Campaign execution
was impeded due to failure to follow the given timeline by the Advertiser, the
Campaign is deemed properly delivered and IDH reserves right to receive payment of
full amount stipulated in the IO. If the shift in Campaign timeline results in an increase
of Campaign cost, IDH reserves right to revise the amount stipulated in the IO by
including such cost.
5.13. In case of increase of organic reach in the time frame between whitelisting and
Campaign launch, the Advertiser shall (at its choice): confirm to IDH acceptance of
increased reach thus accepting adjustment of an IO stipulated amount or accept
adjustment of the whitelist by IDH made to keep the organic reach originally agreed
upon.
5.14. Campaign performance is summarized in a report delivered by IDH within 3 working
days after Campaign end. Report may be delivered in particular by uploading it onto
the Dashboard.
PAYMENT
6.1. The indaHash Service, in particular the Campaign execution, is payable by the
Advertiser to IDH based on an invoice issued for the amount indicated in the IO with
VAT added, within 14 days as of the invoice issuance, unless agreed otherwise.
6.2. The remuneration for performance of the Campaign and Licence to Material payable
to the Publishers is executed by IDH.
6.3. Should a Campaign covered by one IO be executed throughout more than one
calendar month, IDH shall be entitled to issue invoices at the end of each calendar
month proportionally, depending on the level of Campaign execution in the given
calendar month, unless agreed otherwise.
6.4. Should the Advertiser fail to deliver in agreed due time complete and sufficient
Campaign Rules according to point 3.1. or fail to make available to the Publishers in
due time products and / or services subject to point 3.3., IDH reserves right to
renounce the IO (resulting in i.a. withholding implementation of such Campaign).
Regardless to the fact whether IDH renounces the IO or proceeds with it, IDH
unconditionally reserves its right to receive payment of full amount stipulated in the
IO, irrespective to the actual Campaign’s KPI.
6.5. In case of persistent obstruction of Campaign execution by the Advertiser, in
particular through rejection of Publishers based on subjective, non-measurable or not
specified criteria, rejection of more than 50% of proposed Publishers (according to
point 5.5.) and/or rejection of already approved Publishers and / or through rejection
of draft Material based on subjective, non-measurable or not specified criteria,
rejection of more than 50% of draft Material (according to point 5.7.), through
amendments to already submitted brief, the Campaign is deemed properly executed.
In such case IDH reserves right to payment of full amount as stipulated in the IO,
irrespective the actual Campaign’s KPI and increase of payment by the cost of
properly delivered draft Material.
USE OF INTELLECTUAL PROPERTY (“IP”) RIGHTS
7.1. The Advertiser grants a non-exclusive, royalty-free, worldwide licence for 10 years to
use its name, its logo and/or any other IP rights related to its visual identification to
IDH and its affiliates, as well as to the Publishers, within the scope of execution of the
Campaign. If the Advertiser is not a direct beneficiary of the Campaign (is not a brand
owner – Client) it declares its full empowerment to grant and grants a non-exclusive,
royalty-free, worldwide licence for 10 years to use Client’s name, logo and/or any
other IP rights related to visual identification that would be involved in the Campaign
to IDH and its affiliates, as well as to the Publishers, within the scope of execution of
the Campaign. The Advertiser guarantees that use of logo and/or any other IP rights
related to visual identification involved in the Campaign Rules does not infringe
Client’s rights nor any third party rights.
7.2. Regardless to any contrary provisions of any other agreement (unless explicitly
excluding applicability of this given point of the T&C) IDH shall be entitled to publicize
the fact that the Campaign was performed through indaHash Service. The Advertiser
grants to IDH a non-exclusive, royalty-free, worldwide licence for 10 years to use the
logo and / or any other IP related to its visual identification that was used within the
Campaign performed through the indaHash Service and are included in Material that
was published. If the Advertiser is not a direct beneficiary of the Campaign (is not a
brand owner – Client) it declares its full empowerment to grant and grants a
non-exclusive, royalty-free, worldwide licence for 10 years to use the logo and / or
any other IP related to its visual identification that was used within the Campaign
performed through the indaHash Service and are included in Material that was
published. IDH may use the Material, the Advertiser’s logo and / or any other IP
related to its visual identification for elaboration of its own materials referring to the
Campaign such as: case study, report, article, including publication on IDH website or
social media account, as well as for any marketing and other purposes.
MISCELLANEOUS
8.1. IDH acts in compliance with all obligatory law provisions.
8.2. IDH strictly follows the provisions of Regulation (EU) 2016/679 (GDPR).
8.2.1. IDH has its own Data Protection Officer (DPO) assigned to supervise any
personal data flow process.
8.2.2. By accepting these T&C, the Advertiser and IDH enter into a binding data
processing agreement related to processing of Publisher’s data in the scope
necessary to execute the Agreement by IDH, constituting attachment no. 2
hereto (“DPA”), unless explicitly agreed otherwise.
8.2.3. IDH is data processor for any personal data provided by the Advertiser, and
processes such data according to the privacy policy (Attachment 3.) For
administration as well as for transfer of such data the Advertiser shall
conclude appropriate agreements and arrange appropriate consents.
8.3. IDH, while providing the indaHash Service, delivers its know how, sensitive and
confidential information, entrusts its reputation and business relationship with the
Publishers and uses its best efforts to provide high standard of the indaHash Service.
Any information or skill gained by the Advertiser through the use of the indaHash
Service shall not be used in a bad faith or mishandled. In particular, the Advertiser
shall not extract the data referring to the Publisher(s) in order to contract with
him/her/them directly, jeopardizing business relationship between IDH and the
Publisher(s). If the Advertiser uses any data, materials or other information provided
by IDH without finalising Campaign order as well as payment procedures such use
may constitute an infringement of IDH rights and as such might be subjected to
contractual penalty of doubled Campaign worth stipulated in the IO, or otherwise
calculated in case no IO was submitted. In case of any claims made by Publisher(s)
referring aforementioned infringment the Advertiser shall as far as possible indemnify
IDH and substitute it in any official proceedings including court proceeding.
Notwithstanding the above IDH shall be entitled to seek recovery of any damages on
a regular basis.
8.4. The Advertiser represents and warrants that the person acting for and on behalf of
the Advertiser, concluding the Agreement with IDH through use of the indaHash
Service is duly empowered to represent the Advertiser and enter into a binding
agreement on behalf thereof.
8.5. Nothing in this Agreement will be deemed or construed to create a joint venture,
partnership, fiduciary, or agency relationship between the Parties for any purpose.
The Advertiser shall have no right or authority to enter into any contractual obligations
or make any representation in the name of or on behalf of IDH. IDH does not grant to
the Advertiser any right of representation. Any offer of the indaHash Service that the
Advertiser makes to any third party is deemed to be at Advertiser’s sole risk and IDH
shall not be obliged to deliver the indaHash Service. Any terms of resell of the
indaHash Service shall be concluded as a separate agreement.
8.6. IDH is not liable for any consequences of force majeure, such as war, any natural
disaster, riots, strikes, prolonged shortage of energy supply etc.
8.7. IDH reserves the right to refuse the Agreement conclusion or terminate concluded
Agreement on its sole discretion (effective upon completion of pending Campaigns).
8.8. IDH reserves the right to amend T&C at its sole discretion. Any amendments shall be
announced by publishing new updated version of the T&C on the website, through
the Dashboard or by otherwise making it available to the Advertiser.
8.9. Omitting, falling or waiving to exercise any right derived from hereof Agreement does
not constitute waiver for any proceeding or subsequent event, nor shall any waiver
constitute a continuing waiver.
8.10. The Agreement’s term lasts as long as the indaHash Service is provided, but no
shorter than from the first entrance to the Dashboard or submission of an
undersigned IO, whichever occurs earlier (effective date), till closure of the
Advertiser’s account at Dashboard (termination date). In any case the term lasts from
explicit conclusion of an individual agreement by the Advertiser and IDH till explicit
termination thereof, either by the Advertiser or by IDH.
8.11. Provisions of 7.1., 7.2., 8.2. and 8.3. are unlimited in time and survive the termination
of the Agreement, regardless the reason of termination.
8.12. Wherever appropriate in this Agreement, a singular term shall be construed to mean
the plural where necessary, and a plural term the singular.
8.13. The Agreement shall be governed:
8.13.1. within the scope of any monetary claims arising from the Agreement – by the
laws of Poland;
8.13.2. any other legal matter arising from or in connection with the Agreement shall
be governed and interpreted under the laws of Ireland.
8.14. The Advertiser and IDH hereby submit:
8.14.1. within the scope of any monetary claims arising from the Agreement – to
jurisdiction of the courts of Poland;
8.14.2. all other disputes arising under or in connection with the Agreement shall be
subjected exclusively to the Irish courts.
Attachment 1:
IDH terms of service for Publishers as of October 2018
I. DEFINITIONS
For the purposes of this Agreement, the following words, terms and expressions wherever
mentioned shall have the following meaning, save where the context requires otherwise:
The “Advertiser” means a third party, contracting with IDH in scope of ordering and
developing campaigns and campaign rules.
The “Advertiser Terms and Conditions” means current version of terms and conditions
applicable to the agreement between the Advertiser and IDH, along with the attachments
thereto, current version of which is available at this link
The “Agreement” means the entire understanding related to the provision of the indaHash
service, using the APP, ordering and participation in Campaigns etc., as defined in Section
II below.
The “APP” means mobile software application available for iOS and Android platforms
called indaHash, provided by IDH, which the User can use to access the Service, in a
version downloaded by the User (and updated afterwards, if applicable).
The “Campaign” means promotional and marketing activities designed, produced or
invented by the Advertiser, made accessible by IDH to all or selected Publishers in scope
of the Service through the APP (even if the Material is not published through the APP or
some or all tasks are executed out of the APP). “Sampling Campaign” is a Campaign
which includes sending a Product to the Publisher for the purpose of creating Material.
“Deal Campaign” is specific type of Campaign at which whole Remuneration is in form of a
discount for Product to be acquired from Advertiser, normally clearly labelled as such type
of Campaign.
The “Campaign Rules” mean rules, guidelines, requirements and other conditions
developed by the Advertiser in reference to a given Campaign, visible by each Campaign
in the APP, which the Publisher undertakes to comply with by joining the Campaign.
“Consumer Rights Regulations” mean the European Union (Consumer Information,
Cancellation and Other Rights) Regulations 2013 (S.I. No. 484/2013).
“Eligibility” means eligibility requirement set forth in section III.1 .
“IDH” means IDH MEDIA LIMITED, a company incorporated under laws of Ireland, with its
registered office at 22 Northumberland Road, Ballsbridge, Dublin 4, Ireland, entered into
the Registrar of Companies under the company number 563441, VAT EU: IE 3376160DH.
The “T&C” mean always the current version of these IDH terms of service for Publishers,
along with the attachments thereto, available through the APP and on
https://indahash.com/page/mobile-insta-terms.
The “Publisher” means a User, being an approved user of relevant Social Media, in
compliance with terms and conditions thereof, who meets all other criteria set out in these
T&C and has successfully registered to the Service via the APP , accepting thereby the
Agreement (including above all the T&C).
The “Product” means an item sent or service made available to the Publisher by/on behalf
of the Advertiser (or its client) in scope of a Sampling Campaign which should be used
according to the Campaign Rules and constitutes (total or part of) Publisher’s
Remuneration for the participation in the given Campaign or in scope of Deal Campaign
which should be used according to the task given by Advertiser, discount for which
constitutes entire Publisher’s Remuneration for the participation in a given Deal Campaign.
The “Service” means an electronic service under the name indaHash which, subject to the
terms of the Agreement, can be accessed by a Publisher via the APP and by an Advertiser
via the Site, in scope of which IDH serves as an intermediary between the Advertiser and
the Publisher, as well as it provides a communication platform which enables (i) Publishers
to be informed about and (upon fulfilment of predefined conditions) take part in
Campaign(s) and thereby to earn remuneration (depending on Campaign Rules) and (ii)
Advertisers to define and inform about campaign rules and conditions, order campaigns,
monitor execution thereof and (iii) may offer some other facilities available at the given
time.
The “Site” means a website available under the following address: www.indahash.com,
managed by IDH.
A “User” means any visitor to the APP or the Site.
“Withdrawal Form” means the form as in Schedule 1 hereto required by the Consumer
Rights Regulations.
“Social Media” mean all or relevant (depending on the context) social media platform(s) on
which the Campaigns can be launched, including – as at the day of drafting these IDH
Terms and Conditions – Instagram (www.instagram.com), Facebook (www.facebook.com),
Snapchat (www.snapchat.com), Twitter (www.twitter.com).
“Material” means any material published within the scope of Campaign or delivered
otherwise in relation to a Campaign or other event according to separate arrangements
with IDH by the Publisher, including photos, videos, other publications.
“Remuneration” means money, goods or services due to the Publisher in return for his/her
participation in the given Campaign (as well as for granting the licence to the Material(s), if
applicable), form and value of which depends on and is determined in Campaign Rules.
“Rate” means applicable rate as defined in point VI.1(3) below.
II. THE AGREEMENT
The Agreement includes:
a. T&C;
b. Advertiser Terms and Conditions;
c. any other document incorporated either in (a) or in (b) by reference (including
additional terms and policies related to Sampling Campaigns).
These T&C incorporate by reference:
a. The Privacy Statement which contains more detailed information on the data
processing rules by IDH (related also but not exclusively to the provision of
the Service and using the APP), updated version of which is always available
in the APP and here: https://indahash.com/page/privacy;
b. Cookies policy available in the APP and here:
https://indahash.com/page/cookie;
c. each set of Campaign Rules which will govern the way in which a particular
Campaign is run.
III. REGISTRATION AND ELIGIBILITY
III.1. ELIGIBILITY
In order to be eligible to register for the Service as a Publisher, a User must:
a. have full capacity to enter into legal transaction or have had obtained valid
consent of parent(s)/legal guardian(s);
b. have an active account on relevant Social Media (as at the date of the T&C:
Facebook or Instagram), provided that the account successfully goes through
the verification and is approved by IDH (especially with regard to the number
of followers, profile activity and history);
c. download the APP.
III.2. APPROVAL
The Publisher shall be notified whether his or her Social Media account has been
approved, by means of an email communicated through the Service by IDH to the
Publisher.
The Agreement as well as the Withdrawal Form along with the appropriate
instructions thereto shall be attached to an email confirming approval of User’s
account in the APP for the purposes of the Service.
III.3. REGISTRATION PROCESS
If a User does not agree with any of the provisions of the Agreement
(including above all the T&C), (s)he should not register as a Publisher.
The e-mail mentioned in point III.2(2) above includes also a summary of most
crucial points of these T&C which, however, does not release the Publisher from
his/her obligation to read and accept the T&C as a whole, as the summary does not
limit the scope of the T&C in any way.
By clicking on a relevant checkbox, the Publisher agrees for the commencement of
the provision of the Service prior to the lapse of the statutory period for withdrawal
from the Agreement, thereby freely deciding to forfeit his/her statutory right of
withdrawal.
By ticking the checkbox and clicking on the REGISTER button, the Publisher
unconditionally accepts all terms and conditions of the Agreement (including these
T&C). By doing so, the Publisher is granted access to the Service.
Access to the Service does not guarantee participation in any of the Campaigns
and the decision to participate in a Campaign is a matter for the Publisher to decide,
provided that both the Campaign and Publisher’s participation in Campaign have
been approved. Otherwise, the Publisher may not take part in a Campaign. No
obligations are imposed on the Publisher to undertake any activities in scope a given
Campaign prior to the Publisher clicking on the JOIN button.
IV. indaHash SERVICE. GENERAL TERMS AND CONDITIONS
IV.1. THE SERVICE
IDH has developed the Service which makes it possible for the Publisher who
takes part in a Campaign commissioned by the Advertiser and made available via the
Service in scope of which Publisher publishes posts containing Material(s) on the
Publisher’s Social Media account(s), in compliance with the relevant Campaign
Rules, to earn Remuneration in accordance with such Campaign Rules.
The Publisher can only be granted access to the Service upon unconditional
acceptance of the T&C and Agreement. Access to the Service does not guarantee
participation in a Campaign and the decision to ask for joining the Campaign depends
solely on the Publisher, while the acceptance of Publisher’s participation in a
Campaign is at the discretion of the Advertiser (and/or IDH – in relation to technical
issues).
IV.2. THE APP
The Service is offered by IDH and may be accessed by the User by means of the
APP. User’s ability to access the Service via the APP depends on functionalities and
other technical conditions of User’s device on iOS and Android platforms.
The APP is available through (i) the AppStore (iOS) and through (ii) Google Play
(Android) for mobile devices, i.e. mobile phones communicating using radio waves,
operating within the GSM or UMTS digital systems or tablets. The APP is compatible
with the following systems:
a. iOS version 8 or higher,
b. Android version 4.4.1 or higher.
IV.3. THE ROLE OF IDH
In communication between Advertisers and Publishers IDH acts solely as an
intermediary providing indaHash platform.
In particular IDH in no case does not verify or supervise any materials provided by
the Advertiser or the Campaign and Campaign Rules, it simply approves compatibility
of the materials with the Service and technical requirements/functionalities thereof.
The Publisher should verify on his or her own whether publishing posts
containing advertising matter is permitted under the laws of the country the
citizens (residents of which) are aimed and/or reached by the contents published on
Publisher’s Social Media account(s) in relation to the Campaign.
All communication between Advertisers and Publishers shall be handled
through indaHash platform, except for the Deal Campaigns, described in point
IXa.
V. CAMPAIGNS
V.1. JOINING AND PARTICIPATION IN CAMPAIGNS
The Publisher shall have the possibility to browse the requirements of individual
Campaigns within the Service. Not all Campaigns available at the moment must be
visible to a given Publisher. If (s)he considers that any of visible Campaigns may be
of interest to him or her, (s)he shall be entitled to conclude an agreement for the
participation in such Campaign by clicking on the JOIN button.
By clicking on the JOIN button, the Publisher unconditionally accepts the
Campaign Rules and the Campaign description in the service panel. In case of
any discrepancies, Campaign Rules prevail over these T&Cs. Joining request is
subject to approval by Advertiser/IDH. Advertiser and IDH reserve a right to reject
Publisher’s participation in a given Campaign without giving any justification for such
rejection.
By joining the Campaign, the Publisher undertakes to comply with the Campaign
Rules and any other applicable terms, including obligation to meet any deadlines, as
well as (s)he accepts Rates set for the Campaign.
The Campaign Rules, including the applicable deadlines and Remuneration, are
tailored for the Publisher having regard to the features of the Publisher’s Social Media
profile(s) (e.g. number of followers, target group, image people engagement).
During the Campaign, the Publisher undertakes to fulfill Campaign requirements and
tasks, including e.g. publishing posts on his or her Social Media account(s) which
are consistent with the requirements included in the description of the given
Campaign (e.g. publication of specific content, photos, videos or other materials), and
not removing archiving or otherwise making invisible to general public the
Material during 12 months period as of the publishing, or change his or her profile of
Social Media account(s) to private, as well as to include in them a unique
alphanumeric code (hashtag) and/or (tag). The Publisher is solely responsible and
liable for including additional hashtags or other specific description of the
Material as required by applicable provisions of law in his/her jurisdiction.
The Publisher is not obliged or entitled to perform any other actions within the
framework of Campaign apart from those expressly included in the Campaign Rules,
description thereof or otherwise expressly agreed between the Publisher and the
Advertiser/IDH.
Material is subject to pre-moderation procedure. All Materials require approval by
IDH/Advertiser before the Publisher uses them within the scope of the Campaign.
IDH/Advertiser may require adjustments of Material and such adjustment(s) shall be
made by Publisher, in particular IDH/Advertiser may request exchange of picture or
video, or adjustment of it in terms saturation, brightness, resolution or any other
adjustment. IDH/Advertiser may reject Material at any stage, usually by giving
grounds to such rejection. Publisher acknowledges that Advertiser may select
Material and approve it for publication at Advertiser’s sole discretion.
Payment of Remuneration to the Publisher is conditional on: approval of
Material by Advertiser and the Publisher complying fully with the Campaign, the
applicable Campaign Rules and T&Cs.
Notwithstanding other provisions of the T&C and Campaign Rules, when publishing
the Material the Publisher should describe as a content that is sponsored/published in
exchange for remuneration, in accordance with applicable legal rules, and rules of
relevant Social Media channel. This obligation includes, in particular, tagging
published Material with a relevant hashtag, such as #ad, #sponsored and similar.
Publishers are not allowed to publish in their Social Media during the term of
Campaign, nor within 2 months thereafter, any posts presenting or related to any
brand or product competitive to the Product or Advertiser involved in the Campaign
the Publisher took part in, unless the Campaign Rules or specific terms of the
Campaign set forth other rules in that scope.
V.2 MONITORING CAMPAIGNS
The Publisher undertakes to monitor the up-to-date information on the Campaign
and on changes made to the Service.
The Publisher grants IDH and, as required by IDH, the Advertiser the right to use
dedicated computer software, to verify whether the Publisher has performed the
allocated tasks. Where Campaign activities are performed:
c. without the appropriate hash tag and/or tag being placed,
d. following the lapse of 24 hours (or term stipulated in Campaign Rules) from
the day of signing up for the given Campaign,
e. in a manner inconsistent with Campaign Rules for the given Campaign,
f. in a manner inconsistent with the Advertiser’s image,
IDH shall be entitled (in any such case), but is not obliged, to advise the Publisher via
the Service that the particular activities do not qualify for any Remuneration as they
are incorrectly performed or are in breach of the Campaign or the Campaign Rules as
the case may be.
IDH can temporarily or definitively block Publisher’s APP account or apply other
punitive measures if the Publisher does not comply with Campaign Rules or violates
the T&Cs or other instructions otherwise.In case of violation of provisions referred to
in paragraph V.2. (5), the entire Remuneration shall be withdrawn or the Publisher
shall be obliged to return it, subject to other provisions of T&C.
VI. REMUNERATION
VI.1. REMUNERATION SCHEME AND DETERMINATION
The Publisher for (correct) participation in Campaign is entitled to
Remuneration. However, it may happen (especially in case of Sampling or
Deal Campaigns) that the Remuneration is fully or partially covered before
the correct participation in the Campaign. In such case, failure to correctly
participate in the Campaign results in Publisher’s obligation to return the
Remuneration or the equivalent thereof.
The Advertiser can decide whether the Remuneration shall be settled in (i)
cash, (ii) goods, (iii) services or (iv) as a mix of the abovementioned
components and informs about Remuneration scheme in the Campaign
Rules. IDH is empowered to modify Remuneration scheme, as well as to offer
the Publisher an option of receiving Remuneration in chosen cryptocurrency.
Applicable scheme and rates of Remuneration are visible to each Publisher
individually in the APP, under given Campaign Rules. Remuneration in scope
of Deal Campaigns is granted in form of a discount for the Product, as
described below.
Should the Remuneration be settled fully or partially in cash, the rates
specific for a given Campaign and for a given Publisher individually shall
apply (“Rate”).
IDH reserves a right to vary the applicable Rates at any time (except for
active, open Campaigns in progress to which the Publisher has already been
admitted). The Publisher should base his/her decision on joining Campaign
taking into account the Remuneration scheme and the Rate (in case of cash
Remuneration) applicable to the given Publisher for the purpose of the given
Campaign.
Final amount of the due Remuneration in cash shall be determined based on
(i) the Rate and (ii) Publisher’s performance in the Campaign.
VI.2. REMUNERATION PAYMENT
In the event the Remuneration defined in Campaign Rules shall be settled
otherwise than in cash , the Advertiser shall provide the Publisher with goods/services
directly or indirectly, depending on the arrangements. The goods should be sent to
the Publisher to the shipping address indicated by the Publisher. The Publisher shall
be informed (either in the Campaign Rules or afterwards) on the way of delivery of
service constituting part of/whole Publisher’s Remuneration. The payment or transfer
of Remuneration may depend on providing additional Publisher data (e.g. phone
number), which is necessary or useful for the purposes related to payment of
Remuneration.
The Remuneration paid in cash to the Publisher shall be settled, however before
settling the final due amount in favour of the Publisher, fees for payment-related
services (especially for fast payment option), as well as fees for payment operator
and online money transfer services (if applicable) shall be deducted.
The Remuneration payable in cash shall be settled upon Publisher’s payment
request made via the APP, provided that such payment request (unless otherwise
stipulated herein):
a. cannot be made more frequently than once a month (one per calendar
month);
b. shall cover aggregated Remuneration amount not lower than the minimum
payment level determined individually for each market and defined (visible) in the
APP.
Any cash settlement of Remuneration made to a Publisher is conditional on
IDH having received the cash from the Advertiser and the Advertiser has paid
IDH’s fees. Provided that IDH has received the relevant payment from
Advertiser, cash Remuneration shall be transferred to the Publisher generally
within 30 days as of Publisher’s payment request.
The Publisher may choose “fast” payment option in the APP, if available. Such fast
payment may be subject to additional fee (availability and conditions of such fast
payment are determined directly in a relevant section of the APP and may be set forth
individually for each Publisher and/or Campaign).
Remuneration in cash for the Publisher shall be payable to the bank account
specified by the Publisher. IDH and/or Advertiser shall accept no liability
whatsoever for any errors or inaccuracies in the bank account information or
shipping address, or for missing information in required data that should be
provided by the Publisher.
Should the payment of Remuneration (in whatever form) for Publisher’s
participation in any Campaign or other event with involvement of IDH be executed
through the APP and unless separate agreement explicitly say otherwise, these
T&Cs, including above all the licence to the Material(s), even if the Material itself
was not published/uploaded through the APP, apply respectively. By accepting
these T&Cs the Publisher confirms his/her consent for such extent of applicability of
the T&Cs.
VII. TAX ISSUES
VII.1. TAX SETTLEMENT
Upon receiving any Remuneration for participation in Campaign or other
event, the Publisher on his/her own is obliged to:
a. settle and pay any applicable taxes,
b. fill in and submit tax forms,
c. fulfill all tax related and other obligations,
applicable in such circumstances according to the laws of his or her country
of citizenship or residency.
IDH shall not make or be obliged to (i) make any settlements or payments of any
taxes or public receivables, (ii) file any documents or forms, (iii) fulfill any other
obligations on behalf of the Publisher or for his or her benefit, regardless of the basis
for such obligation (contract, laws of the Publisher’s country of citizenship or
residency).
VII.2. TAX RELATED LIABILITY
The Publisher agrees to fully indemnify and hold IDH harmless against any income
tax, national insurance and social security contributions and any other liability,
deduction, contribution, assessment or claim arising from or made in connection with
the (non-)performance by the Publisher of the obligations applicable to him in the
T&C, the Agreement or applicable law, where such recovery is not prohibited by law.
The Publisher shall further indemnify IDH against all reasonable costs, expenses
and any penalty, fines or interest incurred or payable by IDH in connection with or in
consequence of any such liability, deduction, contribution, assessment or claim or
any liability arising from any employment-related claim or any claim based on worker
status (including reasonable costs and expenses) brought by the Publisher or any
third party against IDH arising out of or in connection with the (non-)performance of
this Agreement by the Publisher.
VIII. LICENSE
VII.1. LICENSE FOR THE ADVERTISER
Within the Remuneration paid to Publisher for taking part in Campaign(s), the
Publisher hereby grants the Advertiser (whose Campaign (s)he enters) a non
revocable, worldwide licence for 10 years, effective as of the date uploading such
Material (provided that it has been approved for the Campaign afterwards) or as of
publishing such Material in Social Media, whichever occurs earlier or applies, to use
by the Advertiser or his Affiliates of any Material, subject to point VIII.5(2) below. The
licence authorizes usage of the Material in digital version and for digital purposes and
digital use in the following scopes:
a. processing, recording, reproduction by any technique, including printing,
reprographic techniques, recording of audio and/or vision, magnetic
recording, electronic media, storage on mobile devices;
b. incorporation of Material or part of it to other creative works of any type,
including different from the original Material,
c. digitization, input to computer memory, input to mobile devices memory,
introduction to computer networks and sharing via computer networks,
including the Internet and other networks;
d. use for marketing purposes of any nature (including marketing campaigns,
using on platforms/services, landings etc.), use in business or non-economic
in nature also as a brand of the company, trademark or other distinctive
symbol of the company or a product or service without any restrictions,
e. public performance, display, playing, broadcasting and re-broadcasting, as
well as public share of Material in such a way that everyone can have access
to it at a place and time individually chosen by them;
f. displaying, as well as broadcasting, wired or wireless, of sound or vision via a
ground station or satellite;
g. exercising and allowing for the exercise by third parties of creative
developments of the Material, including alterations and adaptations, adding
different elements, updating, modification of any kind;
h. use of the creative developments as whole or in parts, connecting with other
works.
The licences granted pursuant to point (1) above includes the right of Advertiser to
grant sublicences.
VIII.2. LICENSE FOR IDH
In return for access to the Service and the APP, the Publisher grants IDH a
non revocable, worldwide licence for 10 years, effective from the date of first
public issue, licence to the extent stipulated in para. VIII.1. above, including
the right to sublicence (both payable or non-payable).
The licence mentioned in point VIII.2(1) above in the benefit to be granted to
IDH by the Publisher in return for using the Service/APP.
VIII.3. MORAL RIGHTS TO THE MATERIAL(S)
The Publisher waives (i.e. (s)he will not execute) with respect to the Advertiser and IDH, as
well as to third parties indicated by Advertiser or IDH, his/her moral rights to the Material (in
particular the paternity and integrity rights) and empowers Advertiser and IDH (as well as any
third party empowered by Advertiser or IDH) to execute his/her moral rights to the Material.
VIII.4. PERSONAL IMAGE AND THIRD PARTY’S CONSENT
In the event the Material comprises the personal image of the Publisher or
any third party, the Publisher grants the Advertiser and IDH the right, as well
as third parties that received the licence to the Material, to use such personal
image in the scope of the licence, including explicitly advertising purposes.
The consent cannot be withdrawn, unless unconditionally binding provisions
of law stipulate otherwise.
The Publisher hereby confirms that (s)he obtained explicit consent of
any third party presented in the Material to publish such Material and to
use it for all purposes related to the given Campaign, including granting
licences pursuant to the conditions of these T&C.
The Publisher (or the third party) cannot withdraw his/her consent for the use
of personal image, unless unconditionally binding provisions of applicable law
foresee such right that cannot be waived. Should the Publisher or a third
party withdraw a consent for the use of personal image presented in the
Material during the licence term (10 years), the Publisher is obliged to return
entire Remuneration (s)he received for the participation in Campaign (or
other event) related to this Material, pay IDH a contractual penalty of EUR
1,000 and to cover all the losses and damages of IDH and Advertiser
resulting from such withdrawal, if they exceed the amount of the contractual
penalty. The Publisher must be aware of the fact that withdrawal his/her or
third party’s consent for use of personal image may cause severe financial
losses to both – IDH and the Advertiser (as well as its direct client, if
applicable).
VIII.5. USE OF MATERIAL(S)
The Publisher hereby confirms that (s)he is aware and agrees that
his/her Material may be unlimitedly used by the Advertiser and/or IDH,
and/or third party empowered by the Advertiser or IDH, for any purpose
including above all advertising and marketing purposes (in digital), without
granting any further benefits or remuneration to the Publisher (except
for the Remuneration for the Campaign participation).
This section VIII does not apply to the Materials delivered to the Publisher
directly by the Advertiser in scope of the Campaign, in accordance with the
Campaign Rules (e.g. in case of ‘video seeding’-based Campaigns ).
IX. NON- STANDARD CAMPAIGNS
IX. 1 SAMPLING CAMPAIGNS
The Publisher can be invited to and can decide to join a Sampling Campaign pursued
through indaHash sending platform or otherwise. In such case, the Publisher is
obliged to follow Campaign Rules and other instructions (including acceptance of
relevant additional terms and conditions and other policies) and to provide IDH with a
Material upon receiving a Product, unless otherwise stipulated in the Campaign
Rules. IDH is not a supplier of the Product.
By joining a Sampling Campaign, the Publisher unconditionally agrees that IDH (or
any third party that reasonably may require such information in relation to the
Campaign) receives and processes all personal and other data provided by the
Publisher.
If the Publisher, who received a Product within the scope of Sampling Campaign, fails
to correctly participate in such Campaign (which means also, but not exclusively,
publishing in due time the approved Material), (s)he is obliged to immediately return
the Product on the address indicated by IDH at his/her own expense. Failure to
correctly participate in the Campaign can result in – technically or actually – blocking
Publisher’s account in the APP, which includes freezing funds accumulated on
Publisher’s account (the funds shall be released within 72 working hours since
delivering Product back to address indicated by IDH, after deducting the cost that IDH
has to cover for sending the Product to the Publisher amounting to an equivalent of
EUR 10.00 in applicable currency, unless indicated or proved otherwise). Should IDH,
the Advertiser or a third party suffer any loss or damage as a result of Publisher’s
failure to correctly participate in the Campaign, funds can remain freezed or/and
deducted, and IDH (Advertiser/third party) can claim damages from the Publisher.
Participation in a Sampling Campaign automatically means that the Publisher read,
understood and agreed for the T&Cs.
IX. 2 DEAL CAMPAIGNS
The Publisher may take part in Deal Campaign, at which his/her entire
Remuneration will be limited to discount from a basic price for acquiring
Product offered by the Advertiser in relation to Deal Campaign. Publisher
confirms that such Remuneration exhausts any and all claims as a
compensation for his/her engagement in Deal Campaign, rights to the image,
granted Licence, and any other IP rights described in point VIII of these T&C.
Publisher is not allowed to seek any additional gratification, either with
Advertiser, brand owner, or with IDH.
By taking part in Deal Campaign Publisher agrees to acquire Product, for the
discounted price, cover cost of delivery, in accordance with terms and
conditions of Advertiser’s sale platform, prepare, publish and grant licence to
Material in accordance with general licencing rules of these T&C.
a. Any additional cost related to collection of Product shall be borne by
Publisher, unless agreed with Advertiser otherwise.
b. Discount code, provided to Publisher, shall be used at the time of
acquiring and stored by the Publisher for the duration of whole Deal
Campaign.
c. Publisher is solely liable for correct use of discount code and for
acquiring of Product.
The Publisher must create and publish Material within 24 hours of collection of
Product, unless other time frame has been communicated by the Advertiser for
particular Deal Campaign. As confirmation of completion of the task in scope of
Deal Campaign, the Publisher must put in APP link to the published Material, or
follow other relevant instructions related to the Deal Campaign.
Notwithstanding the foregoing clause, if Publisher does not publish Material
within 14 days of discount code receiving date, his/her APP account may be
suspended.
All communication, in regard to Deal Campaign, shall be conducted directly
between Advertiser and Publisher.
For properly applied discount and calculated price of Product, timely delivery,
quality of Product and all other Product related claims, the Publisher shall hold
Advertiser liable, in accordance with generally applicable legal rules.
IDH may introduce rating system, by which Advertisers may gain opportunity to
give anonymous rates to Publisher who took part in Deal Campaign, based on
Publisher’s performance (Publisher Rating). IDH is by no means responsible for
the rates given and averaged rate of the Publisher. Publisher Rating may affect
the number of Deal Campaigns or Campaigns offered to the Publisher, and, in
case of low Publisher Rating, may result in temporary or permanent blocking of
the Publisher’s account in APP.
IDH may also introduce rating system, by which Publisher would gain
opportunity to give anonymous rates to Advertiser, whose Deal Campaign they
took part in (Advertiser Rating). Within such system, Publisher shall give fair,
grounded rates, and, in case of any disputes or issues between Publisher and
Advertiser, seek amicable resolutions.
X. PUBLISHER’S OBLIGATIONS AND RESPONSIBILITY
X.1. OBLIGATIONS
The Publisher undertakes to use the Service in accordance with the provisions
of the Agreement.
The Publisher shall not inform any third party about his/her engagement in
Campaigns via the Service, or any information obtained in connection with the
use of the Service and participation in Campaigns, nor in any case should (s)he
make public any details related to his/her remuneration for participation in
Campaigns.
The Publisher undertakes to monitor the up-to-date information on the Campaign and
on changes made to the Service.
The Publisher is solely responsible for specifying correct bank account and details
thereof, as well as for informing on Publisher’s current shipping address.
The Publisher undertakes:
a. ot to artificially influence or inflate the number of followers of his or her
relevant Social Media profile,
b. to reimburse the damage caused by non-performance or improper
performance of activities in case of Campaigns at the level of value of goods
and shipping costs, where applicable.
The Publisher undertakes to indemnify and hold IDH and Advertiser harmless against
any and all claims for damages, liabilities or any other demands for the payment of
compensation arising from the activities of the Publisher performed within the
framework of the Service or in the course of performance of obligations related to any
Campaign. The Publisher shall compensate any costs or losses caused by the
improper, negligent or unauthorized use of the Service or performance of the
Campaign.
The Publisher hereby assures that (s)he shall not use the Service in a manner
inconsistent with its purpose, such that it may hinder or prevent any other Users from
accessing the Service or other Publishers using the Service/APP. In the event of the
provision of Service being placed at risk for reasons specified in the preceding
sentence, IDH, having first requested the Publisher to cease and desist from
infringing activities, may suspend the provision of the Service to the Publisher. In
cases where an immediate intervention on the part of IDH is necessary and where it
is impossible to request the Publisher to cease and desist from infringing activities
first, due the severity of the breach, IDH shall be entitled to immediately suspend the
provision of the Service, of which suspension, IDH shall promptly notify the Publisher.
X.2. REPRESENTATIONS AND RESPONSIBILITY
By entering into the Agreement and registering as a Publisher, the Publisher warrants
that:
a. (s)he has full capacity to enter into contracts or any legal transactions under
the laws of his or her country of citizenship and residency,
b. there are no legal or factual obstacles to the conclusion of the Agreement,
c. all conditions necessary for such registration to be successful, valid, lawful
and compliant with the Agreement are fulfilled.
The Publisher represents and warrants to each of the Advertiser and IDH
that (s)he has read, and understood and accepts the provisions of the
Agreement, including the requirements on Eligibility in section III.1, as well as other
provisions of these T&C, the Advertiser Terms and Conditions, and Campaign Rules
applicable to a particular Campaign.
The Publisher shall be solely responsible for the consistency of his or her
actions, including published content, performed within the framework of the
Service or the Campaign with the laws of his or her country of citizenship,
residency or where the Campaign is visible as well as with the official rules of
social media channel, within which Campaign is run. If any official permission,
governmental licence is required for publishing, the Publisher is solely
responsible for obtaining it and acting in accordance with its terms.
The Publisher shall be solely responsible for:
a. his or her Social Media account(s);
b. verifying whether the publication of specific information which forms the
subject of the Campaign is permissible and consistent with the laws of his or
her country of citizenship/residency;
c. goods supplied by the Advertiser in order to perform activities pursuant to
Campaign details and for the condition and merchantability and fitness for
purposes of goods received as Remuneration.
The Publisher hereby acknowledges that in the event that a person without
capacity to enter into legal transactions (or with restricted capacity to enter into legal
transactions) purports to enter into the present Agreement, the Agreement shall not
be concluded unless the parents or legal guardian agree for such agreement to
be concluded. The Publisher shall be liable for any losses incurred by IDH which
arise, whether directly or indirectly, from a party without the appropriate legal capacity
from entering into this Agreement.
The Publisher shall be responsible for the proper performance of the obligations
imposed within the framework of the given Campaign and shall bear any and all costs
arising from the performance of his or her obligations in the course of such
Campaign. It is up to the Publisher to establish what such costs are, prior to agreeing
to undertake a Campaign.
XI. DATA PROTECTION AND PRIVACY
Our Privacy Statement and any other documents referred to therein sets out the basis
on which any personal data IDH collect from a User or a Publisher, or that a User or a
Publisher provide to IDH, will be processed by IDH (including transfer thereof to third
parties, such as Advertisers).
By visiting the Site and/or downloading the APP the User accepts and consents also
to the practices described in the Privacy Statement. The User agrees that his/her
personal data, including contact details, will be transferred to the Advertisers, if
requested.
For the purposes of the Data Protection Acts 1998 and 2003 as amended (the Acts),
the Data Controller is IDH. IDH’s nominated representative for the purposes of the
Acts is Sean Kavanagh.
XII. SECURITY
After the Publisher’s registration to the Service either through the Site or the APP is
accepted, and subsequently when the Publisher logs to the Service via the APP, IDH
shall protect such communications on the Site and in the APP by Secure Socket
Layer (SSL). This is an industry standard technology designed to prevent information
from being intercepted.
IDH may also implement its own additional security procedures on the Site or on the
APP to prevent fraud. IDH reserves the right to enhance, amend and update its
security procedures.
The Publisher acknowledges and agrees that there are certain risks associated with
internet communications. The Publisher further acknowledges that the internet is a
media over which IDH has no control. IDH expressly disclaims, in so far as legally
permissible, responsibility for any interception of communications and data or
consequent loss or damage suffered by Publisher arising out of the loss or delay of
Publisher communications and data over the internet.
In order to prevent unauthorized persons from gaining access to the personal data
submitted electronically by the Publisher on the APP and from modifying such data,
the following technical measures shall be applied by IDH to the protection of IDH
database from unauthorized access.
XIII. LIABILITY
EXCEPT AS EXPRESSLY PROVIDED HEREIN AND TO THE MAXIMUM EXTENT
PERMITTED BY APPLICABLE LAW, IDH MAKES NO WARRANTIES OF ANY KIND,
WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, AND
SPECIFICALLY DISCLAIMS ALL IMPLIED WARRANTIES, TERMS AND
CONDITIONS, INCLUDING ANY WARRANTIES OF MERCHANTABILITY, OR
FITNESS FOR A PARTICULAR PURPOSE WITH RESPECT TO THE SERVICE
AND/OR RELATED DOCUMENTATION. IDH DOES NOT WARRANT THAT THE
SERVICE WILL BE ERROR FREE OR UNINTERRUPTED. THE WARRANTIES
PROVIDED HEREIN ARE THE SOLE AND EXCLUSIVE WARRANTIES PROVIDED
TO USERS/PUBLISHERS IN CONNECTION WITH THE PROVISION OF THE
SERVICE.
IDH shall accept no liability whatsoever for any costs or losses incurred by the
Publisher in connection with the performance of his or her obligations arising in
connection with the participation in the Campaigns. IDH shall accept no liability
whatsoever for any losses or lost profits including indirect losses incurred by the
Publisher in the use of the Service/APP.
IDH is not responsible for non payment of Remuneration in the lack of payment by
the Advertiser.
IDH does not guarantee proper operation of the Service. IDH makes the Service
available “as is”; although the Service has been tested and provides the intended
functionalities, IDH makes no warranties as to the proper functioning thereof.
IDH shall accept no liability whatsoever for any interruptions in the access to the
Service, for any instances of breach or loss of data in its information processing
system, for any defects of the security system or for the operation of viruses and
other harmful software components during the use of the Service.
IDH shall accept no liability whatsoever for any costs or losses incurred by the
Publisher in connection with the performance of his or her obligations arising in
connection with the participation in the Campaigns.
None of the previous provisions serve to exclude or restrict liability for death or
personal injury caused by the negligence or by fraudulent misrepresentation of IDH.
Complaints submitted by the Publisher in connection with non-performance or
improper performance of the Agreement by IDH must be sent by Publisher to IDH by
e-mail to the address: support@indahash.com or in writing, to the address of the
registered office of IDH. IDH shall endeavour to respond to any complaint as quickly
as possible. IDH’s ability to respond will be dependant on the nature and complexity
of the complaint, the extent to which IDH can contact the Publisher to get information
on the complaint and the extent to which IDH needs to obtain information from a third
party relevant to the complaint to frame a response. Subject to the terms of the
Agreement, IDH will make reasonable efforts to find a satisfactory solution to the
complaint. If the complaint relates to the Advertiser, IDH will forward the complaint to
the Advertiser with a request that the Advertiser contacts the Publisher.
XIV. INTELLECTUAL PROPERTY RIGHTS
IDH remains the owner of or an entity entitled to all copyrights, trademarks,
intellectual property rights and other rights related to the Service/APP..
Any text, data, graphics, pictures, logos, photos, files and any other materials
included on the Site or the APP as well as the selection, arrangement, coordination
and compilation of materials and the overall appearance and character of the website
are the intellectual property of IDH or their respective owners. They are protected
under copyright, design right, patents, trademarks or under other provisions, including
the provisions of international conventions as well as provisions of the law of
intellectual property.
The Agreement does not form the basis for the acquisition by the Publisher, in any
manner whatsoever, of any rights or licences, save for the right to use the Service via
the APP.
XV. CHANGES TO THE IDH TERMS AND CONDITIONS
IDH can amend these T&C from time to time.
The User or Publisher should look at the top of the first page to see when these T&C
were last updated and which terms were changed. Every time as a Publisher you
undertake Campaign activities, the T&C in force will apply at the time the activities
commence.
IDH may also revise these T&C as they apply to a particular Campaign undertaken by
a Publisher from time to time to reflect the following circumstances: changes in
relevant laws and regulatory requirements; or the need to adjust the activities of IDH
to the obligations, rulings, decisions, determinations or guidelines of any regulatory
authority or arising from, the decision of a public administration authority having
jurisdiction with respect to the activities of IDH or arising from a court judgement
applicable to the activities of IDH, having an impact on the mutual rights and
obligations laid down in the Agreement; a change in the manner of the provision of
the electronically supplied services by IDH arising exclusively due to technical or
technological reasons; change in the scope or rules of the provision by IDH of the
Services to which the provisions of the Agreement apply through the introduction of
new functionalities or services or the modification or removal by IDH of existing
functionalities or part of the Service, where such functionalities or Service are covered
by the Agreement and offered to the consumer.
If IDH revises these T&C, IDH will inform the Publisher about such revision of T&C by
publishing relevant information in the APP and via e-mail. In such event, a Publisher
shall have the right to terminate the Agreement within the period of 14 days following
the date on which the Publisher have (or reasonably could have) acknowledged such
notification of the changes made to these T&C by properly informing IDH about such
termination e.g. by sending relevant message via contact form in the APP. If the
Publisher continues to use the Service, (s)he will be deemed to have accepted the
revised T&C.
XVI. WITHDRAWAL, TERM AND TERMINATION OF THE AGREEMENT
The Agreement enters into force following the registration of a User as a Publisher.
To the extent that the Publisher is a consumer, and the Agreement is accepted by the
User registering as a Publisher, this is a distance contract to which the provisions of
the Consumer Rights Regulations shall apply.
The Publisher shall have the right to withdraw from the Agreement (and hence the
Service) within the period of 14 days from the date of receipt of the information on the
positive verification (approval) of the Publisher referred to in point III.2 (2) above,
without the obligation to state the reasons for such withdrawal or to incur any costs
other than those provided for under the provisions of applicable laws.
The Publisher shall be entitled to withdraw from the Agreement for the provision of
the Service. A statement of withdrawal may, in particular, be submitted using the
sample withdrawal form (WITHDRAWAL FORM). This, however, does not in any way
limit the right of the consumer to make any other unambiguous statement informing of
the decision to withdraw from the agreement.
The right of withdrawal from the Agreement shall not apply where the performance of
the Service has begun with the express consent of the Publisher prior to the lapse of
the period for withdrawal from the Agreement and after IDH has notified the Publisher
that the right of withdrawal is no longer available (as mentioned in point III.3(3)
above).
In case of the Service, the Publisher shall be free to decide whether to retain the right
of withdrawal or whether to commence the provision of the Service. Once the
decision to retain the right of withdrawal is adopted, the provision of the Service shall
commence following the lapse of the period for withdrawal, i.e. within 14 days.
The Publisher has the right to terminate the Agreement at any time by sending a
relevant information via contact form available in the APP, provided that such
termination shall be effective upon the end of all pending Campaigns in which the
Publisher takes part. The Publisher who unsubscribed from the Service does not
have to be accepted as a Publisher again (if IDH decides so- no justification of such
decision is required).
IDH reserves the right to terminate the Agreement and Publisher’s access to the
Service immediately where:
a. IDH considers that the Publisher does not satisfy the conditions for the
Campaign, breaches the provisions of applicable laws and acts to the
detriment of the Advertiser or IDH,
b. the Publisher acts dishonestly by artificially generating an interest in his or
her Social Media or APP profile,
c. IDH receives credible information that the Publisher infringes the provisions
of applicable laws of the country of his or her citizenship/residency or
breaches the terms of use of Social Media,
d. the Publisher deletes his or her Social Media account or whole or the part of
its content, or the account is otherwise removed,
e. The Publisher changes its Social Media account status from publicly available
to private,
f. relevant Social Media discontinues its activities or substantially changes the
scope thereof
g. the Publisher fails to join any Campaign for a period of 3 months as of APP
account registration approval.
IDH shall promptly notify the Publisher of the termination of the Agreement via email.
The Agreement shall expire immediately following the termination thereof; from that moment
onwards, the Publisher shall not be entitled to any Remuneration for participation in
Campaigns.
IDH reserves a the right to modify, update, change or discontinue the Service,
thereby terminating this Agreement with 14 days’ notice. In the event of termination of the
Agreement, to the Publisher is entitled to receive Remuneration due to him/her on the date of
termination provided that the data provided by the Publisher is up-to-date, correct and
complete.
XVII. MISCELLANEOUS
The Publisher may not assign his or her rights or obligations arising hereunder,
whether in whole or in part, to any third parties without the prior consent of IDH
expressed explicitly in writing otherwise being null and void.
The conclusion of the Agreement does not give rise to an employment relationship or
the establishment of a partnership and may not be treated as such. The relationship
of the Publisher to IDH will be that of service-user and nothing in this Agreement shall
render the Publisher an employee, worker, agent or partner of IDH and the Publisher
shall not hold himself/herself out as such.
Should any of the provisions or any part of the Agreement become invalid or
unenforceable to any extent whatsoever, the Parties shall agree upon any necessary
amendments to the Agreement which shall ensure that the interests and aims of the
parties prevailing at the time of performance of the Agreement are given effect.
The Agreement and the other IDH policies incorporated into this Agreement by
reference sets forth the entire agreement between the Parties and supersede all
other arrangements, agreements and/or memoranda (whether made in writing or
orally) made between the parties, pertaining to the obligations and liability of IDH with
regard to the provision or implied provision, non-performance or delays in the
performance of any services rendered under the Agreement, unless explicitly
stipulated otherwise therein.
In the event of any disputes arising hereunder, the Parties shall make reasonable
efforts towards reaching a resolution by way of mediation.
The Vienna Convention on the international sale of goods shall not apply to the
Agreement
This Agreement is governed by the laws of Ireland and the parties submit to the
non-exclusive jurisdiction of the courts of Ireland in relation to any dispute
(contractual or non-contractual) concerning the Agreement or its terms. However,
where the Publisher is a consumer and (s)he is a resident of an EU country other
than Ireland, (s)he may also bring proceedings in that EU country in which (s)he is
resident, provided that such right is stipulated by the binding provisions of law.
Schedule 1
Publisher’s Cancellation Form
In this clause contract, means the contract for the Service by IDH for the Advertiser in the context of a
particular Campaign approved by the Advertiser, and IDH. You have the right to cancel this contract
within 14 days without giving any reason. The cancellation period will expire after 14 days from the
day of the conclusion of the contract. To exercise the right to cancel, you must inform IDH and
support@indahash.com of your decision to cancel this contract by a clear statement (e.g. a letter sent
by post, fax or e-mail). You may use the attached model cancellation form, but it is not obligatory. To
meet the cancellation deadline, it is sufficient for you to send your communication concerning your
exercise of the right to cancel before the cancellation period has expired.
EFFECTS OF CANCELLATION
If you cancel this contract, we will reimburse to you all payments received from you. We will make the
reimbursement without undue delay, and not later than 14 days after the day on which we are informed about
your decision to cancel this contract. We will make the reimbursement using the same means of payment as
you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not
incur any fees as a result of the reimbursement. If you requested to begin the performance of services during
the cancellation period, you shall pay us an amount which is in proportion to what has been performed until
you have communicated us your cancellation from this contract, in comparison with the full coverage of the
contract. The contract may not be terminated by the Publisher if the performance of the Service has begun
with the Publisher’s prior express consent and the Publisher acknowledges that (s)he will lose the right once
the contract has been fully performed by IDH.
Attachment 2:
AGREEMENT ON
ENTRUSTMENT OF PERSONAL DATA PROCESSING
Unless explicitly agreed otherwise, this Agreement is deemed concluded not later than at the
moment of filing by the Advertiser an IO (insertion order) for a Campaign to be executed based
on indaHash service.
by and between:
“IDH”: IDH Media Limited a company incorporated under laws of Ireland, with its registered office at
22 Northumberland Road, Ballsbridge, Dublin 4, D04 ED73, Ireland, entered into the Registrar of
Companies under the company number 563441, VAT EU: IE 3376160DH (also referred to as the
“Processor”);
and
“ADVERTISER”: you, a party contracting with IDH in scope of ordering and developing Campaigns to
be executed based on indaHash service, being a direct client or advertising agency or any other entity
entering into the business relationship in the abovementioned scope;
hereinafter be referred to as a ‘Party’ or collectively as the ‘Parties’.
DEFINITIONS
For the purposes of this agreement, the Advertiser and the Processor agree that the terms listed
below shall be given the following meaning:
1) Personal Data – the data within the meaning of Article 4 subparagraph (1) of Regulation
2016/679, i.e. any information relating to an identified or identifiable natural person;
2) Processing of Personal Data – any operation or set of operations which is performed on
Personal Data or on sets of Personal Data, whether or not by automated means, such as
collection, recording, organisation, structuring, storage, adaptation or alteration, retrieval,
consultation, use, disclosure by transmission, dissemination or otherwise making available,
alignment or combination, restriction, erasure or destruction within the meaning of Article 4
subparagraph (2) of Regulation 2016/679;
3) Agreement – this agreement;
4) Master Agreement – jointly, if applicable, indaHash T&C for Advertisers, a general
cooperation (or other) agreement (if any), and an IO (insertion order) for indaHash Campaign
submitted by the Advertiser, governing relationship between the Parties in scope of indaHash
Campaigns in relation to which IDH processes Personal Data entrusted by the Advertiser.
5) Regulation 2016/679 – Regulation (EU) 2016/679 of the European Parliament and of the
Council of 27 April 2016 on the protection of natural persons with regard to the processing of
personal data and on the free movement of such data, and repealing Directive 95/46/EC
(General Data Protection Regulation) (OJ L 119, 4.5.2016, p. 1).
6) Rules – all rules delivered to IDH in writing (otherwise being null and void) which the Advertiser
undertook to comply with towards any third parties, including rules set out by controllers of Personal
Data, which the Advertiser sub-entrusts to IDH.
REPRESENTATIONS BY THE PARTIES
The Parties represent as follows:
1) The Parties represent that this Agreement has been concluded for the purpose of the
discharge of the obligations referred to in Article 28 of Regulation 2016/679 in relation to the
Master Agreement;
2) The Agreement shall apply to all cases of entrusting of Personal Data processing by the
Advertiser to IDH in relation to the Master Agreement, including all IOs (insertions orders)
pending as at or delivered as of May 25, 2018;
3) The Advertiser is either :
a) a controller of Personal Data within the meaning of Article 4 subparagraph (7) of
Regulation 2016/679 or
b) a processor of Personal Data within the meaning of Article 4 subparagraph (8) of
Regulation 2016/679.
If the Advertiser is acting as a processor, the Advertiser shall ensure that:
a) all the necessary authorisation to enter into this Agreement has been obtained from
the controller,
b) any instructions received by IDH from the Advertiser are fully consistent with
controller’s instructions.
4) IDH acts as the processor of Personal Data entrusted by the Advertiser within the meaning of
Article 4 subparagraph (8) of Regulation 2016/679, which means that IDH is to process
Personal Data on behalf of the Advertiser.
SUBJECT-MATTER AND DURATION OF THE PROCESSING
3.1. The Advertiser entrusts Personal Data to the Processor for processing, and the Processor
undertakes to process the same in compliance with the law and provisions of this Agreement.
3.2. This Agreement is made for the duration of the term of the Master Agreement and of the
performance of all obligations arising hereunder.
PURPOSE AND BASIC RULES OF THE PROCESSING
4.1. The Processor may process Personal Data exclusively within the scope and for the purpose
envisaged herein. The purpose of entrusting the processing of Personal Data is execution of
Campaign covered by IO (insertion order) and other services that may be required based on
the Master Agreement. The nature of the entrusted processing of Personal Data are the
operations or sets of operations, including collecting, storage, granting access to, transfer of
Personal Data.
4.2. Data subjects of Personal Data processed based on this Agreement are actual and potential
users of indaHash app that may be willing to participate or otherwise fulfill conditions set forth
for expected participants of indaHash Campaigns ordered with IDH by the Advertiser. The
type of Personal Data processed under this Agreement include above all name, surname,
social media profile(s) nickname, address, e-mail and do not fall into the special categories of
personal data referred to in Article 9 subparagraph (1) of Regulation 2016/679.
4.3. The Processor shall process Personal Data only on documented instructions from the
controller or from the Advertiser acting on behalf of the controller, provided that this Agreement
constitutes a documented instruction to process Personal Data within the scope and for the purpose
necessary to perform Master Agreement by IDH, while other documented instructions shall be
deemed to be the instructions transmitted by electronic means to relevant contact person’s
email @indahash.com, or in writing.
4.4. When processing Personal Data, the Processor shall comply with the rules designated in this
Agreement and in Regulation 2016/679.
DETAILED RULES OF ENTRUSTING THE PROCESSING
5.1. Prior to commencing the Processing of Personal Data, the Processor must take the measures
securing Personal Data referred to in Article 32 of GDPR, and in particular:
a) taking into account the state of the art, the costs of implementation and the nature,
scope, context and purposes of processing as well as the risk of varying likelihood and
severity for the breach of rights or freedoms of natural persons, the Processor shall
implement technical and organisational measures that guarantee the protection of the
processed Personal Data to ensure a level of security appropriate to the risk. The
Processor shall appropriately document the implementation of these measures, and
also keep those measures up to date in consultation with the Advertiser;
b) ensure that any natural person acting under the authority of the Processor who has
access to Personal Data does not process them otherwise than based on instructions
from the Advertiser for the purposes and within the scope provided for in the
Agreement;
c) maintain a record of all categories of processing activities carried out on behalf of the
Advertiser, as referred to in Article 30 subparagraph (2) of Regulation 2016/679.
5.2. The Processor shall ensure that the individuals having access to the Processing of Personal
Data keep secret Personal Data and methods of securing Personal Data, with the
confidentiality obligation surviving the end of the performance of the Agreement and
termination of the employment with the Processor. For that purpose, only persons who have
signed an agreement to keep secret personal data and methods of securing personal data
shall be allowed by the Processor to process the data.
FURTHER OBLIGATIONS OF THE PROCESSOR
6.1. Taking into account the nature of the processing and the information available to the
Processor, IDH shall:
a) assist the controller in fulfilling the obligations defined in Articles 32 to 36 of Regulation
2016/679.
b) assist the controller by appropriate technical and organisational measures, insofar as this
is possible in fulfilling the obligations related to the data subject rights defined in Articles
15 to 22 of Regulation 2016/679.
SUBCONTRACTING THE PROCESSING
7.1. The Advertiser who is a controller envisages the possibility of subcontracting the Processing
of the entrusted Personal Data to the Processor’s subcontractors. The Advertiser hereby
grants a general consent for such subcontracting in the scope necessary to or reasonably
justified by execution of the Master Agreement, as well as in relation to technical and
operational needs of IDH (e.g. hosting or server providers). IDH shall inform the Advertiser of
any intended changes concerning the addition or replacement of other processors, providing
the name and address of any intended subcontractors. Unless the Advertiser objects to the
subcontracting within 7 days from receiving the notification, IDH shall be authorised to
proceed.
7.2. The Advertiser who acts as a processor on behalf of a controller hereby declares that the
controller granted a general consent for such subcontracting in the scope necessary to or
reasonably justified by execution of the Master Agreement. IDH shall inform the controller and
the Advertiser of any intended changes concerning the addition or replacement of other
processors, providing the name and address of any intended subcontractors. If the controller
and the Advertiser do not object within 7 days from receiving the notification, IDH shall be
authorised to proceed.
COMPLETION OF ENTRUSTING THE PROCESSING
8.1. At the choice of the controller or the Advertiser who is a processor, IDH deletes or returns all
the personal data to the controller or to the Advertiser after the end of the provision of services
relating to processing, and deletes existing copies thereof.
If there are differences between the choices of the controller and the Advertiser, the choice of the
controller is conclusive.
FINAL PROVISIONS
9.1. This Agreement is concluded not later than at the moment of filing by the Advertiser an IO
(insertion order) for a Campaign.
9.2. Disputes arising in relation to the performance of this Agreement shall be resolved by the
relevant court in Warsaw.
Attachment 3:
Privacy Statement – how we protect your data
General statement
This Privacy Statement describes our collection, use, disclosure, retention and protection of your
personal information. It applies to any indaHash site where this Privacy Statement appears in the
footer, and to any indaHash application, service, or tool (collectively “Services”) where this Privacy
Statement is referenced, regardless of how you access or use them, including through mobile
devices.
By using our Services, applications and/or registering for an account with us, you are accepting the
terms of this Privacy Statement and you are consenting to or you acknowledges our collection, use,
disclosure, retention and protection of your personal information as described in this Privacy
Statement. If you do not provide the information we require, we may not be able to provide all of our
Services to you.
What does this privacy statement cover?
This privacy statement is to inform you regarding the use of your personal information which is
collected during your visit to one of our websites or registration to indaHash app.
This privacy statement applies to the our websites and mobile applications.
Who is the data controller?
Co-controllers of your personal data (i.e. entities that jointly determine purposes and ways of
processing data) are: IDH Media Limited in Dublin and IDH Media S.A. in Warsaw (hereunder referred
to as “we”).
We have appointed data protection officer, who is a person that can provide you with detailed
information about your personal data processing.
Contact us: dpo@indahash.com or indaHash, Solec 22, 00-410 Warsaw (Poland).
Personal information
“Personal information” is information that can be associated with a specific person and could be used
to identify that specific person whether from that data or from that data and other information that we
have or are likely to have access to.
Any personal information which you volunteer to us will be treated with the highest standards of
security and confidentiality.
Collection and use of personal information
We collect, process and retain personal information from you and any devices (including mobile
devices) you may use when you: use our Services, register for an account with us, provide us
information on a web form, update or add information to your account, or dispute resolution, or when
you otherwise correspond with us regarding our Services.
The personal information we collect includes the following:
Personal information you give us when you use our Services or register for an account with us
• Identifying information such as email, instagram.com account name when you register for an
account with us,
• Other content that you generate, or that is connected to your account,
• Financial information (such as bank account numbers, your name, addresses, telephone
numbers) in connection with a transaction,
• You may also provide us other information through a web form, by updating or adding
information to your account, dispute resolution, or when you otherwise correspond with us regarding
our Services.
Personal information we collect automatically when you use our Services or register for an
account with us
• We also collect information about your interaction with our Services, your communications
with us. This is information we receive from the devices (including mobile devices) you use when you
use our Services, register for an account with us, provide us information on a web form, update or add
information to your account, participate in community discussions, chats, or dispute resolution, or
when you otherwise correspond with us regarding our Services. This information comprises the
following: name, surname, address, bank account, e-mail, social media account(s) data, nick
• Computer and connection information such as statistics on your page views, traffic to and
from the sites, referral URL, ad data, your IP address, your browsing history and your web log
information
Personal information we collect using cookies, web beacons, and similar technologies
We use cookies, unique identifiers and similar technologies to collect information about the pages
you view, all necessary information about cookies other technologies, purposes is available at Cookie
Policy. (Attachment 4)
Why are we processing your data?
Above all, we are processing your personal data because it is necessary to execute the binding
agreement between us. We are processing your data in order to enable you using services offered in
scope of the indaHash app and in order to contact you in relation to the provided services.
Should the legal regulations require us to do so – we will also process your data for tax and
accounting purposes.
Additionally, we are processing your data based on our legitimate interest which is the necessity to
conduct analyses and statistics aimed at – on one hand – improvement of app functionalities and
features and – on the other – ensuring security and efficiency of usage thereof.
We will process your data to inform you about indaHash world news – we will do so based on our
legitimate interest, being direct marketing.
We can also process your data in order to conduct proceedings related to your complaints and other
claims. Such processing is based on our legitimate interest being an ability to defend ourselves
against claims or to enforce our claims.
Our legitimate interest will also be the processing of your data in order to detect fraud and abuse and
conduct activities of a preventive character and ensuring safety in the Service.
Should the legal regulations require us to do so – we will also process your data for tax and
accounting purposes.
Data retention period
We retain your personal information as long as it is in the line with applicable laws and necessary and
relevant for our operations. In addition, we may retain personal information from closed accounts to
comply with national laws, prevent fraud, collect any fees owed, resolve disputes, troubleshoot
problems, assist with any investigation, enforce our Agreement and take other actions permitted or
required by applicable national laws. After it is no longer necessary for us to retain your personal
information, we dispose of it in a secure manner according to our data retention and deletion policies.
If you discover that We hold inaccurate information about you, you can request the Us to correct that
information. Such a request must be in writing or via e-mail.
Your rights
In relation to personal data processing, you can execute the following rights: access, rectify, restrict
processing and erasure of your data. You can also obtain information on basic content of
arrangements between us (co-controllers) related to fulfillment of our obligations resulting from
personal data security regulations.
Additionally, you have a right to object against processing of your personal data, if we are processing
them:
• for the purpose of direct marketing or
• based on our legitimate interest and you – as a result of your extraordinary situation – do not
agree for that anymore.
You also have right to data portability. It means that you can obtain from us your data in a structured,
commonly used and machine-readable format. You can send such data to another controller or
demand that we do that for you. We will only send such data to another controller, provided that it is
technically possible.
In order to execute your rights mentioned above, please contact our data processing officer (you can
find contact details above).
If we ask you to grant your consent for personal data processing, you will always be entitled to
withdraw such consent (and it will be as simple as granting such consent). Withdrawal of your consent
shall not affect lawfulness of personal data processing based on the consent before such withdrawal.
You also have right to file a claim to a supervising authority competent in scope of personal data
protection.
Disclosure
We transfer your data to other entities, if it is necessary to provide the service or enable you to take
part in the campaigns, required by binding provisions of law or justified by operational necessity (e.g.
hosting provider). It means that we can transfer your personal data to:
• our (co)workers and (co)workers of other companies from our capital group;
• our clients,
• courier company,
banks and entities providing payment services,
• our other subcontractors, provided that we entrust them execution of activities requiring
transfer of your data (such entities will act solely based on the agreement we have concluded with
them)
• relevant authorities, if it is required by binding provisions of law.
Transfer of data outside the European Economic Area (EEA)
We transfer your data only for the purpose of execution of the campaign you want or could take part
in. Your data can be transferred to an Advertiser outside the EEA only if you are taking part in a
campaign outside this area. Since indaHash operates all over the world, it happens sometimes that
providers of daily operation services (necessary for our operational and technological activities),
including for instance servers, hosting, project management platform, software, bookkeeping
platforms etc., are located outside the EEA and they also receive (or may receive) your data, if that is
necessary
All transfers outside the EEA are based on, so called, standard contractual clauses, approved by the
European Commission, which ensure appropriate security standards in accordance with binding
provisions of law.
Complaints about data processed via the website.
If you are concerned about how personal data are processed via this website, please do not hesitate
to bring such concerns to the attention of the Company at the contact details below:
dpo@indahash.com
Collection and use of technical information
We may automatically collect non-personal information about you such as the type of internet
browsers you use or the website from which you linked to our website. You cannot be identified from
this information and it is only used to assist us in providing an effective service on this web site.
Security
We protect your information using technical and administrative security measures to reduce the risks
of loss, misuse, unauthorized access, disclosure and alteration. Some of the safeguards we use are
firewalls and data encryption, physical access controls to our data centres and information access
authorization controls. If you believe your account has been abused, please contact us.
Changes to this policy
From time to time we may make changes to this privacy statement. If we make any substantial
changes to this privacy statement and the way in which we use your personal data we will post these
changes on this page and will do our best to notify you of any significant changes. Please check our
privacy statement on a regular basis.
Attachment 4:
Mobile Cookie policy
Indahash Cookie Policy
We use the term “cookies” to refer to cookies and other similar technologies covered by the EU
Directive on privacy in electronic communications.
Why we collect your data via cookie or other technology?
By collecting your data, it allows us to understand what your needs and wants are, provide
personalised content.
Cookies and IP Addresses
When you visit one of our websites, we may send you a cookie. A cookie is a small file which is
placed on your computer or device.
Essential and Functional Cookies
These cookies are essential for the running of our websites. Without the use of these cookies parts of
our websites would not function.
Analytical Performance Cookies – google
We use these types of cookies to monitor our websites performance and how their users may use it.
These cookies provide us with information that helps us provide better products to their users and
also to identify any areas that may need maintenance.
The list of cookies:
Cookie
name
Expiration time What it does?
Indahas
h
idh 24 hours Used to keep user logged in in the application
locale 1 year Stores selected language and is used again after user authorizes
affiliate 1 year, until
accessed again
Keeps track of affiliate user id for currently logged in user, it is
deleted just after it is accessed for read
Google
utma 2 years from set/update Used to distinguish users and sessions. The cookie is created when the javascript library executes and no existing _utma cookies exists. The cookie is updated every time data is sent to Google Analytics. __utmt 10 minutes Used to throttle request rate. __utmb 30 mins from set/update Used to determine new sessions/visits. The cookie is created when the javascript library executes and no existing __utmb cookies exists. The cookie is updated every time data is sent to Google Analytics. __utmc End of browser session Not used in ga.js. Set for interoperability with urchin.js. Historically, this cookie operated in conjunction with the __utmb cookie to determine whether the user was in a new session/visit. __utmz 6 months from set/update Stores the traffic source or campaign that explains how the user reached your site. The cookie is created when the javascript library executes and is updated every time data is sent to Google Analytics. __utmv 2 years from set/update Used to store visitor-level custom variable data. This cookie is created when a developer uses the _setCustomVar method with a visitor level custom variable. This cookie was also used for the deprecated _setVar method. The cookie is updated every time data is sent to Google Analytics. We may also track IP addresses. An IP Address is a number that can identify an Internet Service Provider and country location. It cannot provide personal information. How to control the use of cookies You are not obliged to accept cookies and may modify your browser so that it will not accept cookies. The browser you use to surf the web not only allows you to see the cookies that you have got but also allows you to control their use. You can control them by allowing them, deleting them individually or deleting all of them. You can also set your browser to not accept cookies altogether. If this option is selected, you should be aware that many websites will not function properly or at all. It may be possible to set your browser to not accept cookies and ask for your consent before each cookie is set on your device. This gives you control over what is set on your device, however has the drawback of slowing down your browsing experience. There are different levels of control too. You are able to prevent just third party cookies being deployed. In order to manage your cookies, please select your browser from the list below and follow the instructions: ● Internet Explorer ● Chrome ● Safari ● Firefox ● Opera Mobile devices: ● Android ● Safari ● Windows Phone ● Blackberry Useful information about Cookies Further information about cookies can be found on the all About Cookies allaboutcookies.org If you have any questions about the use of cookies on our websites, please email: support@indahash.com Web Beacons and URL tracking As part of our email communications and website analyses, we may use web beacons and track URL’s. Web beacons are electronic files that count users who access a website or page and can also allow us to see if a cookie has been activated. Tracked URLs will count the amount of clicks on a web page. You can’t decline web beacons, however by preventing cookies being used on your computer, you can prevent web beacons from tracking your activity. For information about managing your cookie options, please click here. Please be aware that if you disable cookies, many services on our websites will not be available to you, particularly those that contain personalised content as outlined in the section Personalised content. Device Identifiers Our Apps require access to the following services on your mobile device: UDID, MAC address, or other applicable device identifier. We send this information to our servers for the purpose of validating free trials. We do not share this information with any 3rd parties. More about your privacy To find out more about how We protect your privacy when using our website, see our PrivacyStatement. Changes to this policy From time to time we may make changes to this cookie policy. If we make any substantial changes to this cookie policy we will post these changes on this page and will do our best to notify you of any significant changes. Please check our cookie policy on a regular basis. _________ (place, date)
____________ (name),
____________ (surname)
____________ (social media login)
Cancellation Form (template)
I, hereby, withdraw from a contract with IDH Media Limited for to the non-paid
service provided by IDH Media Limited, in regard to either or both:
⃞ use of the mobile application indaHash, within 14 days as of registration,
⃞ _______________________________________________(within
other scope – please name it),
in accordance with IDH terms of service for Publishers, as published:
https://indahash.com/page/terms_publishers.
*The reason for cancellation is _____________________________
_______________________________________________________.

(signature)
*Not obligatory
We process your personal data provided in the form in order to process submitted cancellation form and/or provide answers to
your questions. Co-controllers of your personal data are IDH MEDIA S.A. with its registered seat in Warsaw and IDH Media
Limited, with its registered seat in Dublin. You have right to object, right to access to your data, right to rectify your data, right to
delete or restrict data processing. Detailed information regarding processing of your personal data you will find Privacy Policy.