These terms of use ("Terms of Use") set forth the basis on which you are permitted to access and use the Prado Media Ltd. (“Prado”) website, applications and online resources (collectively, the "Services"). The Prado website is intended as a general audience website that enables visitors to learn more about Prado and Prado products, and mobile technology, apps, games, and other content for adults and businesses, as well as accessing tools that align with Prado's mission of targeting adults with ads and similar services. Our SDK is designed as a tool for developers to monetize apps. These Terms of Use shall govern over all aspects of Prado applications offered, including, without limitation, the products and services contained herein. Please read these Terms of Use carefully before using the Product. By accessing and using the Product in any way, you agree to and are hereby bound by these Terms of Use. If you do not agree to all of the terms and conditions contained herein, do not use or access the Product in any manner. Prado Media Ltd. ("Prado") reserves the right to update these Terms of Use at any time without the requirement of any notice to you.
USE OF THE SERVICES
The Prado Product provides a platform for serving targeted advertisements and interactive content for adults, focusing on providing engaging ad experiences and innovative brand wraps. Unless otherwise specified, the Product is made available solely for personal and non-commercial use, in accordance with all applicable laws. As a condition to your use of the Services provided by Prado, you agree not to use the Product for any purpose that is unlawful or prohibited by these Terms of Use. You may not use the Services in any manner that could damage, disable, overburden, or impair any Prado server, or the network(s) connected to any Prado server, or interfere with any other party’s use and enjoyment of the Service. You may not distribute in any medium any part of the Service without Prado prior written authorization. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through the Product. You further agree not to alter or modify any part of the Service or any of its related technologies.
USER ACCOUNTS
The services made available require you to open an account; you must complete the registration process by providing current, complete and accurate information as prompted by the applicable registration form. You will also choose a password and a user name. You are entirely responsible for maintaining the confidentiality of your password and account. Furthermore, you are entirely responsible for any and all activities that occur under your account. You agree to notify Prado immediately of any unauthorized use of your account or any other breach of security. Prado will not be liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge. However, you could be held liable for losses incurred by Prado or another party due to someone else using your account or password. You may not use anyone else’s account at any time, without the express permission of the account holder.
WEBSITE CONTENT
The content on the Website, except for all User Generated Content (defined below), including, but not limited to, music, games, videos, text, software, graphics, photos, sounds, interactive features and other content ("Website Content") and the trademarks, service marks and logos contained therein, are owned by or licensed to Prado, and are subject to copyright and other intellectual property rights under applicable laws. You acknowledge that the Website Content is provided to you on an AS IS basis for your personal use only and may not be downloaded, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of Prado or the respective owners. Prado reserves all rights not expressly granted in and to the Website and the Website Content.
CONTENT / SUBMISSIONS TO THE SERVICES
On some parts of our Services or otherwise in connection with your use of the Services, you may be allowed to submit, post or link to content or applications or provide comments for others to see (collectively, referred to herein as "Content"). If you submit, post, link to or contribute Content, you guarantee, represent and warrant to us that:
You have all necessary legal rights to submit, post, contribute or link to such Content and it does not and will not infringe or violate any law or the rights of any person; While you or the rightful owner of the Content retain all ownership rights in the Content, you give us (and have the necessary rights to give us) the royalty-free, irrevocable, perpetual, worldwide right to allow other people to view the Content as described in these Terms; and to use, distribute, modify, display, publicly perform, and create derivative works from the Content, in any and all media, in any manner, in whole or in part, without any restriction or responsibilities to you or any third party, consistent with the purposes and functions of the Services; You are entirely responsible for all Content you submit, post, contribute, link to, upload, email, transmit or otherwise make available in any way by or through the Services (collectively “Submissions”); You have the written consent, release or permission of each and every identifiable individual person in the Content to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of the Content in the manner contemplated by the Services and these Terms; and For all Content, including all information and materials of any kind, including graphics, sounds, text, or otherwise posted or provided by any user by or through the Services, you understand that we are not responsible for the truth, completeness, objectivity, or usefulness of such Content, nor do we endorse any Content; we do not verify the identity of people using the Services; and we do not undertake any obligation to screen, monitor, edit or review Content before it appears on the Services. We do have the right, in our sole discretion, to monitor or remove any Content at any time and without notice if we believe doing so will improve the Services. We can also suspend or terminate use of the Service by anyone who does not follow these Terms. Nevertheless, you understand that by using the Services, you may be exposed to Content that is offensive or objectionable.
CONDUCT OF USERS
We believe that all users benefit from basic rules regarding conduct while using the Services. Widespread use and enjoyment of the Services is jeopardized when a few individuals act irresponsibly. To help everyone have a positive experience, we ask, and you agree, to follow the following basic rules of conduct when using the Services:
You will follow these Terms and all applicable laws; You will never give your password to anyone; You will not harass, threaten or abuse other people when using the Services in any manner; You will not interfere with others’ use of the Services or act in a way that negatively affects other users’ enjoyment of the Services; You will not participate in any action that, in the sole and absolute opinion of Prado, results or may result in any user of the Services being scammed or defrauded in any way in connection with such user’s use of the Services; You will not upload, post, email or otherwise make available any Content that is obscene or may be hateful or offensive on racial, ethnic, sexual or any other grounds; is harmful, vulgar or distasteful; or is defamatory, libelous, or invades another person’s privacy or proprietary rights, including any patent, trademark, trade secret, or copyrights of any party; You will not use or exploit any errors in design, features which have not been documented, or “bugs” to gain access in any way that is not generally known and intentionally made available by Prado, and you will promptly report to Prado your discovery of any such errors, features or bugs. You will not attempt to harvest any user names or email addresses from the Services for any purpose; You will not collect or store personal information about any other individual on the Services, or otherwise stalk, repeatedly contact or harass another user; You will not impersonate any other person or misrepresent a relationship with any person or entity, including misrepresenting a relationship with Prado; similarly, you will not adopt a false identity if the purpose of doing so is to deceive or defraud another;
You will not manipulate the Services so as to hide your identity or participation in the Services (by using another person’s identity, changing headers, or otherwise modifying any other possible identifier); You will not post any Content that contains any viruses, cancel bots, Trojan horses, harmful code, or other computer programs or code designed to interrupt the Services, the ability of users to enjoy the Services, or the proper functioning of any software, hardware or equipment or materials used in connection with the Services; and You will not send any bulk unsolicited advertising, promotional information, email or other solicitation (including without limitation junk mail, “spam,” chain letters or pyramid schemes of any sort) to any person through the use of the Services. If you violate any of the guidelines set forth above or any other aspect of these Terms, we reserve the right to suspend or terminate your rights to use the Services without giving you any notice. In the event that your rights to use the Services are terminated, you will immediately lose access to any information that may be on the system. We can terminate your access to the Services at any time. We may also remove any Content that you post without cause and without notice to you.
YOU UNDERSTAND THAT PRADO IS NOT RESPONSIBLE FOR YOUR INABILITY TO ACCESS ANY INFORMATION ON THE SERVICE FOR ANY REASON, WHETHER BECAUSE OF TERMINATION OF YOUR ACCOUNT; SOFTWARE, HARDWARE, OR INTERNET PROBLEMS OR ERRORS; OR ANY OTHER REASON.
INTELLECTUAL PROPERTY
Prado reserves all rights not expressly granted in the Agreement and disclaims the grant of any implied rights to you. The Services are owned by Prado or its licensors, as applicable, and protected by applicable law, with all rights reserved. The entire content (images and text) of the Services is copyrighted and may not be reproduced, published, broadcast, posted, modified, transmitted, displayed, distributed, downloaded or otherwise used without the express written permission of Prado. Except for allowing you to use the Services for your personal use as set forth in these Terms, when you use the Services you are not receiving a license or any other rights from us, including intellectual property or other proprietary rights of Prado or its licensors. You understand that you have no rights to the Services or any other property of Prado or its licensors except as expressly provided in these Terms.
ABUSIVE, INAPPROPRIATE AND INFRINGING CONTENT
You understand and agree that Prado may (but is not obligated to) review and remove any content of any kind (whether Website Content, User Generated Content or Third Party Content) that under Prado sole discretion violates these Terms of Use or which might be offensive, illegal, inappropriate, unsuitable or which violates the rights of, harms, or threatens the safety of third parties and/or other users of the Website (“Abusive Content”). In addition, each user of the Website may notify Prado that it considers certain content (whether Website Content, User Generated Content or Third Party Content) to be Abusive Content and provide reasons supporting such notification. Prado shall examine such notification and reserves the right, at its sole and absolute discretion, to remove all or part of such Abusive Content and/or terminate a user’s ability to upload content in violation of these Terms of Use. Prado takes the protection of intellectual property rights, including copyrights, very seriously. Prado will terminate your access to, or use of, all or any part of the Services, without notice to you, if you infringe or misappropriate the intellectual property rights, including copyrights, of others. Pursuant to the Digital Millennium Copyright Act, Title 17, United States Code, Section 501 et seq., copyright owners or their authorized agents may submit a complaint of alleged copyright infringement to Prado if they have a good-faith belief that their protected works are being infringed. Prado will respond to all such notifications that are sent. If you are a copyright owner or an agent thereof and believe that any content infringes upon your copyrights, you may submit a notification by providing our Copyright Agent with the following information in writing:
A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site; Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit Prado to locate the material; Information reasonably sufficient to permit Prado to contact you, such as an address, telephone number, and, if available, an electronic mail; A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. The Prado designated Copyright Agent to receive notifications of claimed infringement may be contacted at: info@prado.net with the words “Copyright Agent” in the Subject of your mail. For clarity, only alleged infringement notices should go to the Copyright Agent; any other feedback, comments, requests for technical support, and other communications should be directed to Prado customer service through support@prado.net. You acknowledge that if you fail to comply with all of the requirements of this Section, your infringement notice may not be valid. Upon receipt of such notification, Prado shall promptly investigate the matter, and, if appropriate, remove or disable access to the allegedly infringing material. After Prado removes or disables access to such material, if such material was posted by a user of the Service, Prado will notify the party that posted the material of its action. Such party may then provide Prado designated agent proper “counter-notification” stating his, her or its authority to post the allegedly infringing material, which Prado will forward to the alleged copyright owner. Prado will inform the alleged copyright owner that Prado will repost the removed material or cease disabling access to it in ten to fourteen business days unless the alleged copyright owner sends a second notification to Prado designated agent stating that it has filed suit against the alleged infringer. An effective counter-notification must be sent to the Prado designated agent, listed above. The notice must include the following information:
The counter-notifying party’s physical or electronic signature; Identification of the material that has been removed or disabled and the location where the material was before its removal or disablement; A statement, under penalty of perjury, that the party has a good faith belief that the material was removed or disabled as a result of mistake or misidentification; and The counter-notifying party’s name, address, phone number, and a statement that the party consents to the jurisdiction of the federal court in its district, or if the subscriber is foreign, it consents to any jurisdiction where Prado is subject to jurisdiction, and that the subscriber will accept service of process from the person who provided Prado with notification or an agent of such a person.
THIRD PARTY WEBSITES AND CONTENT
Prado is not responsible or liable for the material, information, and content available on or by means of any third-party content, services, online products, websites, and webpages (“Third Party Content”). Prado is also not responsible for the privacy practices and cannot guarantee the COPPA compliance of third-party content including on websites, webpages, services or online products. By linking to a non-Prado website, webpage, content, service, online product, etc., Prado does not represent or imply that it endorses such website, webpage, content, service or online product. You are responsible for reviewing the privacy practices of all third-party content. Prado disclaims any responsibility whatsoever for any harm resulting from your use of non-Prado websites, webpages, content, services, online products, etc. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses and other harmful or destructive content. Prado is using the YouTube Data API service in order to allow a filtered and safe use of YouTube’s content. By using the Prado OS solution you acknowledge and accept the YouTube API terms of service. Where possible, Prado uses the latest version of the YouTube API. In cases where the API cannot be updated, please be aware that certain features might stop working.
PRIVACY AND PROTECTION OF PERSONAL INFORMATION
Our Privacy Policy, located at: https://prado.co/privacy-policy explains our online information practices and how your information is collected and used.
WARRANTY DISCLAIMER
YOU AGREE THAT YOUR USE OF THE SERVICES SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, PRADO, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SERVICES AND YOUR USE THEREOF. PRADO MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE CONTENT OF ITS SERVICES (OF ANY KIND) OR THE CONTENT OF ANY SITES LINKED TO THE SERVICES AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SERVICES, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF PRADO’ SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICES, AND/OR (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SERVICES BY ANY THIRD PARTY. PRADO DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SERVICES OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND PRADO WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.
LIMITATION OF LIABILITY
IN NO EVENT SHALL PRADO, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SERVICES, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF PRADO SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICES, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH THE SERVICES BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT PRADO IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
INDEMNITY
You agree to defend, indemnify and hold harmless Prado, its parent corporation, officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs and expenses (including reasonable legal fees) arising from: (i) your use of and access to the Services; (ii) your violation of any term of these Terms of Use; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that your potential postings or User Generated Content caused damage to a third party. This defense and indemnification obligation will survive the expiration of your use of the Services.
ABILITY TO ACCEPT TERMS OF USE
You affirm that you are either more than 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Use, and to abide by and comply with these Terms of Use.
GOVERNING LAW & JURISDICTION
Your use of the Services and Product and these Terms of Use shall be governed in all respects by the laws of British Columbia, without giving effect to its conflict-of-law provisions. You agree that any action brought against Prado arising out of or relating to the Services or Product or these Terms of Use may be brought only before the courts of British Columbia. ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SERVICES MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
GENERAL
These Terms of Use, together with the Privacy Policy located at https://prado.co/privacy-policy and any other legal notices published by Prado on the Website or Product shall constitute the entire agreement between you and Prado concerning the Services. If any provision of these Terms of Use is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Use, which shall remain in full force and effect. No waiver of any term of these Terms of Use shall be deemed a further or continuing waiver of such term or any other term, and Prado failure to assert any right or provision under these Terms of Use shall not constitute a waiver of such right or provision.
This serves as an attestation of Prado's commitment to the principles and guidelines outlined in the Interactive Advertising Bureau (IAB) Transparency and Consent Framework. We acknowledge the importance of transparency, data privacy, and responsible data practices in the digital advertising ecosystem. By adopting the IAB Transparency Framework, we affirm our dedication to promoting transparency and empowering users to make informed choices about their online advertising experiences.
Our commitment to the IAB Transparency and Consent Framework includes but is not limited to:
By adopting the IAB Transparency Framework, Prado is committed to creating a more trustworthy and user-centric advertising environment. We understand that achieving these goals requires continuous evaluation and improvement of our practices, and we pledge to stay informed about emerging trends and developments regarding data protection and transparency. We also understand that our compliance with the IAB Transparency Framework may be subject to verification or assessment by applicable authorities or industry bodies, and we are committed to cooperating with any such inquiries. Through our adherence to the IAB Transparency Framework, we aim to prioritize transparency and data protection as members of the digital advertising industry.
[Last Updated: October 19, 2024]
Prado Media Ltd. (together with its subsidiaries, affiliates, employees, officers, and directors, as applicable – collectively "Company", "Prado", "we", "us", or "our") is an advertising technology company that provides services for delivering advertisements and interactive content to users via our SDK and website (“Products”).
Prado respects the privacy of its Users and Business Partners (collectively “you”). We believe it is important for you to make informed decisions regarding the use of our Services based on your understanding of what information we collect, what we do with such information, how we process it, with whom we share it, and your rights and choices regarding your information held by us. For this purpose, we have established this privacy policy (“Privacy Policy”) which will further describe and detail our privacy practices while you use or otherwise interact with our Products, whether you are our Business Partner or a User (collectively “Services”):
For more details regarding the terms and conditions for use of the Website, please read our Terms of Use (“Terms of Use”), a current copy of which is available at https://prado.co/terms-of-use. For more details regarding the terms and conditions for use of our SDK, please read our Publisher Terms of Service (“Publisher’s Terms”), a current copy of which is available at https://prado.co/sdk-terms-and-conditions.
Note that this Privacy Policy is an integral part of the Terms of Use and Publisher’s Terms (collectively the “Agreement”).
This Privacy Policy solely applies to our privacy practices related to our Products and does not apply to the practices of companies that Prado does not own or control or to people it does not employ or manage, nor to our Business Partners’ privacy practices. We encourage you to review each App’s privacy policy to be aware of our Business Partners’ data collection and use practices while using their Apps.
ACCEPTANCE OF THE TERMS: BY USING THE SERVICES, INCLUDING BUSINESS PARTNERS’ APPS, YOU HEREBY AGREE TO THE TERMS OF THIS PRIVACY POLICY AND TO THE COLLECTION AND USE OF CERTAIN INFORMATION, AS DESCRIBED IN THIS POLICY. ANY USE OR CONTINUED USE OF THE SERVICES CONSTITUTES YOUR AGREEMENT AND CONSENT TO THIS PRIVACY POLICY. IF YOU DO NOT AGREE TO THESE TERMS, PLEASE DO NOT ACCESS OR DOWNLOAD THE APP OR OTHERWISE USE THE SERVICES.
TYPES OF INFORMATION WE COLLECT
We may collect different categories of information from you, either Personal or Non-Personal Information, depending on the nature of your interaction with the Services, whether you are a Business Partner, a User, or a visitor to our Website (or otherwise use the Website’s features), as detailed below:
Note that Identifiers are considered “Personal Information” in many jurisdictions (such as the EEA), thus, Prado treats Identifiers as such and complies with applicable laws. You are not required by law to provide us with any information. You can always refuse to supply Personal Information; however, you acknowledge that such refusal may prevent you from engaging in certain activities on the Website or Services.
HOW WE COLLECT INFORMATION
Depending on the nature of your interaction with the Services, Prado may collect information as follows:
COOKIES
We may use software technologies such as unique identifiers or “cookies” to collect and store information related to your interactions with the Website. Cookies are small data files that are placed onto your device by our servers. We may use temporary session cookies, which are terminated when you close the current session, to store certain Personal Information provided by you for purposes of administering that session. We may also use persistent cookies, which remain saved on your device after the current session is closed, to store information to facilitate future sessions.
Most browsers automatically accept cookies, but you can usually modify your browser settings to decline cookies or to notify you when a cookie is being placed on your device. Please note that if you reject cookies or disable cookies, some features of the Website may not function properly.
DISCLOSURE OF INFORMATION
We do not disclose, share, sell, rent, or otherwise distribute any of your Personal Information to any independent third parties unless specified herein:
DATA RETENTION
We retain collected information as long as it remains necessary for the purposes set forth above, all in accordance with applicable laws, or until an individual expresses a preference to opt-out. We may delete or amend information from our systems once we deem it no longer necessary for such purposes.
HOW WE PROTECT INFORMATION
Prado is committed to protecting your Personal Information and complies with GDPR requirements. Prado has implemented technical, physical, and administrative security measures to protect the Personal Information submitted to and collected by us, both during transmission and once we receive it. In addition, Prado limits access to your information on its servers, and it is password-protected as well as encrypted. However, no data transmitted over the Internet can be guaranteed 100% secure.
YOUR RIGHTS, CHOICES, AND CONTROL OF YOUR PERSONAL INFORMATION
You have the right to know what information we hold about you and, in some cases, to have such information communicated to you. Subject to limitations in applicable law, you may also obtain from us the Personal Information you provided to us in a structured, commonly-used, and machine-readable format.
Your principal rights under applicable data protection law in relation to your Personal Information are as follows:
If you wish to exercise any or all of the above rights, please contact us by email at: support@prado.co.
BUSINESS PARTNERS DIRECT MARKETING
We may send our Business Partners an email or other messages about us or our Services. Our Business Partners can remove their Personal Information from our mailing list and stop receiving promotional communications from us by following the unsubscribe link located at the bottom of each communication or by emailing us at support@prado.co. Please note that even if you unsubscribe, we reserve the right to send you service-related communications, including service announcements and administrative messages, relating either to your Publisher Account or to your transactions with the Services, without offering you the opportunity to opt out of receiving them unless you cancel your Publisher Account.
OPT-OUT
You may easily opt out of the data collection, sharing process, and targeted advertising services related to our Service. Please note that even if you opt out, you will still receive content and advertising from Prado. Opting out simply means that the advertisements you do receive from us may not be contextual or repetitive ads may be displayed.
MOBILE OPT-OUT
You may limit the disclosure of certain information by your mobile device to us and our Business Partners by adjusting the settings on your mobile device. You should review your device settings and instructions. Notwithstanding, we provide the following instructions solely for informational purposes (as they might be revised by the device supplier): For iOS mobile Devices, go to “Settings” from your Device’s home screen; scroll down to “Privacy”; select “Advertising”; and turn on “Limit Ad Tracking.” For Android mobile Devices, go to “Google Settings” on your Device; select “Ads”; and check the box labeled “Opt Out of Interest-Based Ads.” Please read your device-specific information to learn how to opt out:
WEBSITE OPT-OUT
You may control how your browser responds to cookies by adjusting the privacy and security settings of your web browser.
Please refer to the support page of the browser you are using. In this regard, following are some links that you may find useful:
CHANGES TO THIS PRIVACY POLICY
This policy may change from time to time and we will post the amended terms on the Website. You should review the Privacy Policy periodically to remain informed of any changes. Your continued use of the Services following any changes to this Privacy Policy signifies your acceptance of those changes. If you do not agree to the revised Privacy Policy, please refrain from using our Services.
COMMENTS AND QUESTIONS
If you have any comments or questions about our privacy policy, please contact us at:
Prado Media Ltd.
c/o Kidoz Inc.
Pacific Centre: Suite 1500, 701 West Georgia Street
Vancouver, British Columbia, V7Y 1C6
You can also contact us via email at: support@prado.co
DATA PROTECTION OFFICER
If you have any requests regarding the data collected under this Privacy Policy, including without limitation, requests to remove, delete, amend, modify, or transfer the data, please contact our Data Protection Officer at: dpo@prado.co.
Please be sure to include your information in any correspondence to us so that we can respond to your inquiry in a timely manner.
Report Abusive Content & Copyright Infringement
Prado takes issues of privacy and copyright very seriously and does all it can to prevent abuse and infringement of rights on our website, SDK, and associated products (“Prado Services”). Prado makes every effort to ensure that only appropriate content is offered through our advertising networks. We offer access to online content and respect all laws regarding copyright and infringement. If you believe that content accessible through Prado Services infringes a copyright, please report this to us, and we will handle it promptly.
General Report
This submission shall be used for complaints regarding any form of abuse, inappropriate content, or any violation of the Prado Terms of Use.
Prado does not undertake in any way to accept your complaint and/or to take any action, and it shall act or refrain from taking action at its sole discretion after considering your complaint and verifying the information you provide.
report@prado.co
Prado Applications
[Last Modified: October 19, 2024]
Prado Media Ltd. (together with its subsidiaries, affiliates, employees, officers, and directors, as applicable – collectively “Company”, “Prado”, “we”, “us”, or “our”) is a mobile-driven company that provides adult designated products and mobile technology.
Prado respects the privacy of its users (collectively “you” or “user”). We believe it is important for you to make informed decisions regarding the use of our Services based on your understanding of what information we collect through the use of our Apps, what we do with such information, how we process it, with whom we share it, as well as your rights and choices regarding your information processed by us. For this purpose, we have drafted this privacy policy (“Privacy Policy”), which will further describe and detail our privacy practices while you use or otherwise interact with our Apps.
Legal Basis for Data Processing
For more details regarding the terms and conditions for use of the Apps, please read our Terms of Use (“Terms of Use”), a current copy of which is available here. Note that this Privacy Policy is an integral part of the Terms of Use (collectively the “Agreement”).
TYPES OF INFORMATION WE COLLECT
We may collect different categories of information from you, either Personal or Non-Personal Information (as defined below) depending on the nature of your interaction with the Services, all as detailed below.
HOW WE COLLECT INFORMATION
Depending on the nature of your interaction with the Services, Prado may collect information as follows:
COOKIES AND PRADO SOFTWARE DEVELOPER KIT
We may integrate our Prado Software Developer Kit (“SDK”) into the Apps to serve third-party advertisements. As detailed above, we do NOT use any Personal Information collected for profiling. For more information, please see https://prado.co/privacy-policy/ for details on the types of information collected by our SDK or when you use our Website.
In addition, our Website (through which you are able to access your Account and the dashboard) may include cookies that might include your IP address, such as:
DISCLOSURE OF INFORMATION
If you wish to exercise any or all of the above rights, please contact us by email at support@prado.co, or contact our Data Protection Officer at dpo@prado.co, and let us know that you wish to exercise your right of access and specify what Personal Information you would like to receive or delete. Where we are not able to provide you with the information you have requested, we will endeavor to explain the reasoning for this.
We do not disclose, share, sell, rent, or otherwise distribute any of your Personal Information with or to any independent third parties unless specified herein:
DATA RETENTION
We retain this collected information as long as it remains necessary for the purposes set forth above, all in accordance with applicable laws, or until individuals express a preference to opt-out or delete their Personal Information. We may, at our sole discretion, delete or amend information from our systems, without notice, once we deem it no longer needed for such purposes.
HOW WE PROTECT INFORMATION
Prado is committed to protecting your Personal Information. Thus, Prado has implemented technical, physical, and administrative security measures to protect the Personal Information submitted to and collected by us, both during transmission and once we receive it. In addition, Prado limits access to the information on its servers, and it is password-protected as well as encrypted. You should be aware, however, that no data transmitted over the Internet can be guaranteed 100% secure in transmission or safe from theft or illegal capture.
YOUR RIGHTS, CHOICES, AND CONTROL OF YOUR PERSONAL INFORMATION
Our users have a right to know what information we hold about them and, in some cases, to have such information communicated to them. Our users may also ask for our confirmation as to whether or not we process their Personal Information. Subject to the limitations in applicable law, users may also be entitled to obtain from us the Personal Information they have provided to us in a structured, commonly-used, and machine-readable format, and may have the right to transmit such Personal Information to another party.
The principal rights under applicable data protection laws in relation to Personal Information are as follows:
GDPR COMPLIANCE
If you are located in the European Economic Area (“EEA”), Prado complies with the General Data Protection Regulation (“GDPR”) for the processing of Personal Information. Under the GDPR, you have the right to lodge a complaint with a supervisory authority, typically in the country where you reside, work, or where the alleged infringement occurred. Prado will always seek to handle your personal data lawfully and transparently, respecting your rights.
UNSUBSCRIBE FROM DIRECT MARKETING
You may revoke permission to receive promotional messages at any time by contacting customer support at support@prado.co or by following the unsubscribe link located at the bottom of each communication. Please note that even if you unsubscribe, we reserve the right to send you service-related communications, announcements, and administrative messages.
OPT-OUT
You may easily opt out of certain automatic data collection, sharing processes, and targeted advertising services related to our Service. Please note that even if you opt-out, you will still receive content and advertising. Opting-out simply means that the advertisements you do receive may not be contextual.
MOBILE OPT-OUT
You may limit the disclosure of certain information collected from your mobile device by adjusting the settings on your mobile device. Please review your device settings and instructions. We provide the following instructions solely for informational purposes (as they might be revised by the device supplier):
WEBSITE OPT-OUT
You may control how your browser responds to cookies by adjusting the privacy and security settings of your web browser. Please refer to the support page of the browser you are using.
THIRD-PARTY SITES AND SERVICES
This Privacy Policy applies solely to the information collected by Prado through the Services and does not apply to any other websites, applications, or services. Portions of the Services (including, without limitation, advertisements) may involve linking to or using Third-Party Services such as various icons, shortcuts, applications, or other means of access. We have no control over Third-Party Services, and all use of such services is at your own risk. We cannot accept responsibility for the privacy practices of any such Third-Party Services, and we are not responsible for content made available by them.
CHANGES TO THIS PRIVACY POLICY
This policy may change from time to time, and we will post the amended terms and notify you by email in the event of substantial changes. Amended terms will take effect immediately for new users and 10 days after they are posted for existing users. You should review the Privacy Policy periodically to remain informed of any changes. If you do not agree to the revised Privacy Policy, please refrain from using our Services and contact us by sending an email to support@prado.co.
COMMENTS AND QUESTIONS
If you have any comments or questions about our Privacy Policy, please contact us at:
Prado Media Ltd.
c/o Kidoz Inc.
Pacific Centre: Suite 1500, 701 West Georgia Street
Vancouver, British Columbia, V7Y 1C6
You can also contact us via email at: support@prado.co
DATA PROTECTION OFFICER
If you have any requests regarding the data collected under this Privacy Policy, including without limitation, requests to remove, delete, amend, modify, or transfer the data, please contact our Data Protection Officer at dpo@prado.co. Please be sure to include your information in any correspondence to us so that we can respond to your inquiry in a timely manner.
SYSTEM ACCESS CONTROL
Access to corporate systems is restricted and is based on procedures to ensure appropriate approvals are provided solely if needed. Remote access and wireless computing capabilities are restricted and require safeguards for both user and system. The systems are also protected, and only authorized employees may access the systems using designated password and user name protections.
Prado Media Ltd. ("Company", "we", or "us") takes information security seriously and has created this security overview and policy ("Security Policy") to disclose our practices in safeguarding Personal Data processed through our services ("Service(s)"). We have implemented the below technical and organizational measures to protect the Personal Data processed by us against loss, unlawful acts, destruction, alteration, unauthorized disclosure or access, etc.
As part of our GDPR compliance process, we have prepared this Security Policy to provide you with a summary of the security measures and policies we maintain. Further, we require our partners and employees to comply with these standards and implement the same security measures when working with us.
THIS SECURITY POLICY OUTLINES THE COMPANY'S CURRENT SECURITY PRACTICES AS OF THE "LAST UPDATED" DATE INDICATED ABOVE. WE WILL KEEP UPDATING THIS POLICY FROM TIME TO TIME, AS REQUIRED BY APPLICABLE LAWS AND OUR INTERNAL POLICIES.
PHYSICAL ACCESS CONTROL
The Company secures physical access to its offices and server centers. Access to the offices is restricted to authorized persons such as employees and visitors. The offices are protected by an alarm system, and the servers are located in secure facilities where physical access is controlled by professional security staff. We work with Amazon as our main storage processor; for more information, we recommend reviewing Amazon's security policy available here.
When Personal Data is transferred to the applicable servers, it is always done in a secure and encrypted manner. Furthermore, the Company has entered into applicable and binding processing agreements with each service provider.
DATA ACCESS CONTROL
Access to Personal Data is restricted solely to employees who "need to know" and is protected by passwords and usernames. Access to Personal Data is secured and managed through access control policies. The Company uses high-level security measures to ensure that Personal Data is not accessed, modified, copied, used, transferred, or deleted without specific authorization. All access to the database is audited, and any unauthorized access is immediately reported and addressed. The Company conducts ongoing reviews of employee authorizations to assess if access is still required. Access is revoked immediately upon termination of employment. Authorized individuals can only access Personal Data established in their individual profiles.
TRANSFER CONTROL
Transfer control aims to ensure that Personal Data cannot be read, copied, modified, or removed by unauthorized parties during transmission or storage in the applicable data center. Any access to Personal Data from beyond the Company network is only possible through secured VPN access. All transfers of data (whether between servers, from client side to server side, or between the Company's designated partners) are secured (HTTPS) and encrypted.
DATA RETENTION
Personal Data and raw data are deleted as soon as possible or as legally required.
JOB CONTROL
Employees, partners, and applicable processors are all bound by agreements that include applicable data provisions and data security obligations. As part of the employment process, employees undergo screening and are granted access to the database only after receiving training to ensure they are knowledgeable and responsible when handling Personal Data. Employees must comply with this Security Policy, as well as internal security policies and procedures. Any violation of these policies may result in disciplinary action. To ensure employees remain informed and updated on applicable policies and legislation, the Company conducts annual compliance training that includes data security education.
AVAILABILITY CONTROL
The Company's servers include an automated backup procedure, with a backup strategy that incorporates daily automated backups. Periodic checks are performed to ensure that backups have occurred as expected.
INTEGRITY CONTROL
To ensure data integrity, the Company employs checks and verification processes that monitor data for unauthorized changes. We use hashing techniques and secure logs to monitor and verify that the data remains unaltered throughout its lifecycle.
DATA MINIMIZATION
We ensure that only the minimum amount of Personal Data necessary for the intended purpose is collected and processed. This approach reduces the risk associated with data processing and ensures compliance with privacy laws, including GDPR.
SECURITY INCIDENT MANAGEMENT
In the event of a security breach, the Company has an incident response plan that includes procedures for identification, investigation, and mitigation. Affected individuals and relevant authorities will be notified as required by applicable laws.
PARTICIPATION IN THE PRADO ONLINE SERVICES AND/OR ACCESS OF THE PRADO TECHNOLOGY INDICATES THAT YOU ACCEPT THESE TERMS AND CONDITIONS (THE “PRADO USER AND PUBLISHER AGREEMENT” OR “AGREEMENT”). IF YOU DO NOT AGREE TO ALL OF THE TERMS IN THIS AGREEMENT AND ALL TERMS, POLICIES AND GUIDELINES INCORPORATED BY REFERENCE, INCLUDING BUT NOT LIMITED TO, PRADO PRIVACY POLICY, YOU MAY NOT ACCESS OR OTHERWISE PARTICIPATE IN THE PRADO ONLINE SERVICES OR THE PRADO TECHNOLOGY.
“PRADO User” means any entity who accesses a Publisher Account and/or Publisher Prepared Media and/or Publisher Online Services Data and/or Prado Technology and/or Online Services (all as defined below), which will also be bound by the terms and conditions of this Agreement. The Online Services are available only to individuals who are at least 18 years old and to companies that are appropriately licensed and otherwise legally permitted to conduct business. You represent and warrant that (a), if you are an individual, you are at least 18 years old, and (b) if you are a company or other type of organization that you are appropriately licensed and legally permitted to conduct business.
“Publisher” means any entity identified in a Prado enrolment form submitted by the same or affiliated persons, and/or any agency, network or other third party that has access to a Publisher Account and/or Publisher Prepared Media and/or Publisher Online Services Data (all as defined below), which will also be bound by the terms and conditions of this Agreement. The Online Services are available only to individuals who are at least 18 years old and to companies that are appropriately licensed and otherwise legally permitted to conduct business. You represent and warrant that (a), if you are an individual, you are at least 18 years old, and (b) if you are a company or other type of organization that you are appropriately licensed and legally permitted to conduct business.
This Agreement constitutes the entire and only agreement between PRADO User and/or Publisher and Prado Media Ltd. (“Prado”), and supersedes all prior or contemporaneous agreements, representations, warranties and understandings with respect to the content, products or services provided by Prado (“Prado Technology”), and the subject matter of this Agreement. This Agreement may be amended at any time by Prado without specific notice to you. The latest agreement will be posted on www.prado.co (the “Site”), and you should review this Agreement prior to using the Site or the Online Services.
Prado and Prado User and Publisher will be hereinafter individually referred to as a “Party” and jointly referred to as the “Parties”. Publisher is a type of Prado User and will be included in any use of the term Prado User.
Prado will serve Ads provided by Advertisers, for display in Publisher Prepared Media, via the Online Services based upon the criteria selected by Publisher via the Online Services Interface. The Online Services Interface may be updated by Prado from time to time without notice to you. Prado will use commercially reasonable efforts to maximize the sale of Ad Space within Publisher Prepared Media to Advertisers pursuant to the specifications set forth as per the integration.
Prado User and/or Publisher will implement the Online Services in a manner that complies with the technical and implementation requirements provided on the Site or in writing by Prado to Prado User and/or Publisher, including those instructions contained in the documentation regarding the Online Services Interface. Without limiting the foregoing, Prado User and/or Publisher acknowledges and agrees to the following:
This Agreement will be effective for a Prado User as of the date Prado User accesses Prado Online Services and/or Prado Technology and will be effective for a Publisher as of the date Prado activates Publisher’s Online Services account and will continue until terminated, as provided in this Agreement (the “Online Services Term”). Publisher may terminate this Agreement, with or without cause, at any time by sending written notice to info@prado.com of Publisher’s desire to cancel Publisher’s participation in the Online Services. This Agreement will be deemed terminated within ten (10) business days of Prado’s receipt of your notice.
If Publisher violates this Agreement, Prado may in its sole discretion and without prior notice, immediately suspend the participation of any or all of Publisher Prepared Media in all or part of the Online Services.
Prado may terminate this Agreement and terminate the participation of Publisher Prepared Media in all or part of the Online Services, with or without cause, upon thirty (30) days’ prior notice.
Prado shall grant Publisher exclusive access to your Publisher Dashboard, which contains the following data:
- Impressions
- Clicks
- CTR
- eCPM
- Revenues
Prado may, but is not obligated to, display other data beyond the above, and for periods longer than 6 months back.
Prado books and records shall constitute final evidence regarding downloads and impressions of the Online Services counted by Prado for the purpose of calculating the consideration due to Publisher hereunder.
The account opened for Publisher by Prado:
- Is for Publisher use only.
- Cannot be transferred.
- Will be used occasionally to provide Publisher with news, updates of terms and policies, and general communication between Publisher and Prado.
Keeping Publisher account credentials private is the sole responsibility of Publisher. From time to time, Prado may require Publisher consent to new terms. Complying and approving those terms may be a condition for continued use of the Online Services. Failing to approve mandatory changes/updates may result in suspension of Online Services and/or termination of the agreement.
Prado grants Prado User and/or Publisher a worldwide, revocable, non-transferable, non-exclusive, and non-sub licensable license during the Online Services Term to: (a) integrate the Prado SDK with Publisher’s Apps solely for internal use; (b) use, reproduce, and distribute certain portions of the Prado SDK as required by Publisher for the sole purpose of distribution of Publisher’s Apps and solely as enabled by and in accordance with the documentation provided by Prado; (c) use the Online Services Interface solely for the purpose of transmitting Online Services requests and other required information and receiving Publisher Dashboard reporting data solely to the extent permitted hereunder. Except to the limited extent expressly provided in this Agreement, Prado does not grant, and Prado User and/or Publisher will not acquire, any right, title, or interest (including, without limitation, any implied license) in or to any Prado intellectual property rights; and all rights not expressly granted herein are reserved to Prado.
Publisher grants to Prado the limited, revocable, non-exclusive, non-transferable, non-sublicensable right during the Term (as defined above) to: (i) sell (and have sold) Ad Spaces in Publisher Prepared Media; (ii) promote, market, and report such Publisher Prepared Media to actual and prospective Advertisers; and (iii) display, or facilitate the display of Ads in the Publisher Prepared Media in response to ad request calls.
In consideration of the sale of Ad Space from Publisher Prepared Media to Advertisers, Prado shall be entitled to deduct a fee on the Net Revenues equal to the amount as agreed by Parties by this Agreement (the “Fee”).
Based on the report available to Publisher in the Publisher Dashboard within three (3) calendar days following the end of the month, Prado shall pay to Publisher an amount equal to the Net Revenues generated during the previous month less the Fee (“the Revenue”). If there is a discrepancy of more than eight percent (8%) between Publisher’s impression counts and Prado’s impression counts for a given month, the Parties will work together in good faith to resolve such discrepancy. If the discrepancy cannot be resolved within thirty (30) calendar days, the Parties shall share the amount of such discrepancy and both Publisher and Prado may each immediately terminate this Agreement. Such payment shall occur no later than thirty (30) calendar days following the end of the month. The report made available to Publisher by Prado shall indicate, at the minimum, the Net Revenues generated per country and the Revenue during the preceding month.
Payment will be made in US dollars. The Parties agree that Prado's obligation to pay the revenues referred to herein shall not be subject to Prado receipt of funds from the applicable advertisers. In the event an advertiser does not pay Prado, Prado shall undertake all necessary actions to obtain payment from advertisers. Late payments will be subject to late fees at the rate of 3% per month, or if lower, the maximum rate allowed by law. Prado may hold any payment until the cumulative amount owed to Publisher totals at least $100.
Prado is responsible for paying all applicable sales, use, or other taxes or duties, tariffs applicable to the provision and use of the Online Service except for taxes on Publisher’s net income. In the event that Prado is obliged to withhold any tax from the payments arising out of this Agreement, Prado shall provide prompt notice to Publisher of such fact in writing and provide Publisher with a treaty residency or any other document requested by Publisher to allow it to obtain a credit in respect of the amounts withheld.
Prado may retain and use data and other information, subject to the stipulations of its Privacy Policy, and where applicable, any Data Processing Agreement entered into between the Parties, setting forth the Parties’ responsibilities and obligations regarding the Processing of Personal Data, and forming an integral part of this Agreement.
Each party agrees not to disclose the other party’s Confidential Information without the other party’s prior written consent. “Confidential Information” includes without limitation: (a) all software, technology, programming, specifications, materials, guidelines, and documentation relating to the Prado Technology, including without limitation the Online Services, and including the existence and content of this Agreement and any information provided pursuant to the Agreement; (b) any statistics relating to the performance of the Online Services; (c) any other information designated in writing by either party as “Confidential” or an equivalent designation; and (d) information disclosed under circumstances that a reasonable person should know such information is confidential/proprietary. Confidential Information does not include information that has become publicly known through no breach by the receiving party, or information that has been (i) independently developed without access to the disclosing party’s Confidential Information as evidenced in writing; (ii) rightfully received by the receiving party from a third party; or (iii) required to be disclosed by law or by a governmental authority. Neither party will use the other party’s name and logo in any news release, public announcement, advertisement, or other form of publicity without the prior written consent of the other party (which includes email), except that either party may use the other party’s name and logo on such party’s website and in publicity that announces the parties are working together.
Prado has the sole discretion in deciding what content and Ads are sent to be displayed in Publisher Prepared Content. Publisher may, when terms allow and capabilities are available, customize Publisher Prepared Content and advertising preferences through Publisher account. Prado cannot guarantee the availability of content and Ads regardless of whether Publisher has customized preferences or not and shall not be liable or responsible in those cases. Publisher understands and accepts that when no advertisements are available, Prado shall do its best to produce other content recommendations, including items that do not provide monetization.
Prado does not represent or warrant that Prado Technology is reliable, accurate, complete, or otherwise free from defects. Accordingly, the Prado Technology is made available for use “as is”, and any use thereof will be undertaken solely at Prado User and/or Publisher's own risk. Prado reserves the right, in its sole discretion, to include or cease providing the Prado Technology at any time (subject to notice as may be required herein), and Prado does not give or enter into any conditions, warranties or other terms with regard to the Prado Technology. In particular, no condition, warranty or other term is given or entered into to the effect that the Prado Technology will be of satisfactory quality, no infringement, or that the Prado Technology will be fit for any particular purpose.
NEITHER PARTY WILL BE LIABLE TO THE OTHER OR ANY THIRD-PARTY CLAIMANT FOR ANY INDIRECT, SPECIAL, PUNITIVE, CONSEQUENTIAL (INCLUDING, WITHOUT LIMITATION, LOST PROFITS OR LOST DATA COLLECTED THROUGH THE ONLINE SERVICES), OR INCIDENTAL DAMAGES, WHETHER BASED ON A CLAIM OR ACTION OF CONTRACT, WARRANTY, NEGLIGENCE, STRICT LIABILITY, OR OTHER TORT, BREACH OF ANY STATUTORY DUTY, INDEMNITY OR CONTRIBUTION, OR OTHERWISE, EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME STATES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE LIMITATIONS OR EXCLUSIONS IN THIS AND THE FOREGOING PARAGRAPH MAY NOT APPLY. In any event, Prado's total cumulative liability to Prado User and/or Publisher for any loss or damages resulting from any claims, demands, or actions arising out of or relating to this Agreement will not exceed the net amount paid by Publisher to Prado in the six-month period immediately preceding the date of the claim.
Prado User and/or Publisher represents and warrants that they: (i) have and will maintain throughout the Online Services Term all end user consents and all rights, authorizations, and licenses (including without limitation any copyright, trademark, patent, publicity, or other rights) that are required with respect to Online Services Ads or Online Services Data to permit Prado to perform the services contemplated under this Agreement (including without limitation any rights needed to host, cache, route, transmit, store, copy, modify, distribute, perform, display, reformat, excerpt, analyze, and create algorithms from and derivative works of Online Services Ads or Online Services Data); (ii) will not advertise anything illegal or engage in any illegal or fraudulent business practice; (iii) confirm all of the information provided by Publisher to Prado to enroll in the Online Services is correct and current; (iv) have all necessary right, power, and authority to enter into this Agreement and to perform the acts required of Prado User and/or Publisher hereunder; and (v) have complied and will continue to comply with all applicable laws, statutes, ordinances, and regulations (including without limitation any relevant data protection or privacy laws) in performance of any acts hereunder. Prado represents and warrants that: (i) it has the power and authority to grant the rights and perform the obligations to which it commits herein; (ii) Prado SDK, which includes the SDK, any tags provided by Prado, and the API (a) do not infringe any intellectual property rights, including but not limited to any patent, trademark, service mark, design, copyright (whatever the status of the foregoing elements, i.e., whether pending or registered), trade name, trade secret, or any other right of any third party, and that Prado shall hold Publisher harmless and free from any claim, demand, or suit of actual infringement related thereto, and (b) does not distribute viruses or other malware; and that (iii) its Online Services Interface will not knowingly violate the intellectual property rights of any third party.
Prado User and/or Publisher agrees to defend, hold harmless and indemnify Prado and its affiliated companies, and each of their officers, directors, employees, agents, licensees (collectively, the “Prado Indemnitees”) from and against any and all liabilities, losses, damages, costs, and expenses (including reasonable legal fees and expenses) relating to or arising out of or from (a) Prado User and/or Publisher’s use or inability to use the Online Services; (b) Prado User and/or Publisher’s violation of any terms of this Agreement; or (c) Prado User and/or Publisher’s violation of any applicable laws, rules, or regulations.
Prado agrees to defend, hold harmless, and indemnify Publisher and its affiliated companies, and each of their officers, directors, employees, agents, licensees (collectively, the “Publisher Indemnitees”) from and against any and all liabilities, losses, damages, costs, and expenses (including reasonable legal fees and expenses) relating to or arising out of or from: (a) any third-party claim arising out of or relating to any allegation that would constitute Prado's breach of one of its obligations and/or warranties of this Agreement and (b) any allegation that an Ad served by the Online Services on the Publisher Prepared Media infringes or violates the rights of any third party, is defamatory, libelous, obscene, deceptive, or violates any applicable law; (c) Prado's violation of any terms of this Agreement; (d) Prado's violation of any applicable laws, rules, or regulations.
The indemnified Party will provide the indemnitor with prompt notice of any claim (provided that the failure to promptly notify shall only relieve indemnitor of its obligation to the extent it can demonstrate material prejudice from such failure) and at the indemnitor’s expense, provide assistance reasonably necessary to defend such claim. The indemnitor will not enter into a settlement that would result in liability to the indemnified Party without the indemnified Party’s prior written consent, which shall not be unreasonably withheld or delayed.
Prado reserves the exclusive right to deny Prado User and/or Publisher or any Publisher Prepared Media from using or appearing on Prado service, and to remove Prado User and/or Publisher and any Publisher Prepared Media from Prado network and to delete Publisher’s account without providing any cause, if deemed as inappropriate or in violation of any parts of this agreement upon written notice to Publisher.
Any information sent from Prado Technology, including Online Services, or Prado to Prado User and/or Publisher, such as Google Advertiser ID, personal user information or other, shall remain at Prado User and/or Publisher’s sole discretion and may not be shared with third parties unless used for the sole purpose of Analytics and cannot be accessed by the third party.
Our Terms of Use and Privacy Policy do not apply between Publisher and Publisher’s End Users. It is Publisher’s responsibility to decide how to update Publisher’s End Users with any changes in your Publisher Prepared Media, resulting from the integration of Prado SDK or connection to the Online Services.
It is Publisher’s sole responsibility to comply with other programs, institutions, legal bodies or companies’ policies and terms, including but not limited to Google developers’ terms, publisher terms, YouTube terms and others.
Prado User and/or Publisher is obligated to use the Online Services as instructed in the appropriate sources.
Prado User and/or Publisher must provide End Users with sufficient value in Publisher Prepared Media beyond the content our Online Services provide.
Prado User and/or Publishers cannot display an overlay on the Online Services tools, content and creatives.
Prado User and/or Publishers cannot change, modify, edit, add, or remove any of the Online Services tools, content and creative.
20.1. “Force Majeure” means the occurrence of an event or circumstance that either prevents, impedes, delays or adversely affects a party from performing one or more of its contractual obligations under the Agreement (each of them, “impediment”), if and to the extent that that party proves: [a] that such impediment is beyond its reasonable control; and [b] that it could not reasonably have been foreseen at the time of the conclusion of the Agreement; and [c] that the effects of the impediment could not reasonably have been avoided or overcome by the affected party.
20.2. The following events affecting a party shall be presumed to be impediments: (i) plague, epidemic, disease, natural disaster or extreme natural event; (ii) measures of any governmental authority whether lawful or unlawful, compliance with any law or governmental order, expropriation, seizure of works, requisition (iii) war, riots insurrection, act of terrorism, sabotage, piracy or the likes, currency and trade restriction, embargo (iv) explosion, fire, destruction of equipment, black-out, prolonged break-down of transport or delivery system, telecommunication, information system or energy.
20.3. A party successfully invoking this Clause is relieved from its duty to perform its obligations under the Agreement and from any liability in damages or from any other contractual remedy for breach of the Agreement, from the time at which the impediment causes impediment, provided that a reasonable notice thereof with good faith estimation of the impact and duration of force majeure is given without delay. Such notice shall also clarify the circumstances and the ongoing actions to minimize the losses and solve the problem.
20.4. Where the effect of the impediment or event invoked is temporary, the above consequences shall apply only as long as the impediment caused by force majeure exists. Unless otherwise agreed, the Agreement may be terminated by either party by means of a simple written notice if the duration of the impediment exceeds ninety (90) days.
This Agreement shall be governed by and construed in accordance with the laws of British Columbia, Canada without regard to the conflicts of laws and provisions thereof. Any claims, legal proceeding or litigation arising in connection with this Agreement will be brought solely in British Columbia, Canada, and you consent to the jurisdiction of such courts. Neither party’s waiver of any default is a waiver of any subsequent default. Unenforceable provisions will be modified to reflect the party’s intention, and remaining provisions of the Agreement will remain in full effect. Parties may not assign any of their respective rights hereunder without the other Party’s written acceptance, and any such attempt is void (except to successors in the event of merger, acquisition or sale of all or substantially all of each Party’s assets). Prado User and/or Publisher and Prado are not legal partners or agents but are independent contractors. Notwithstanding termination of this Agreement, the terms and conditions contained in this Agreement that by their sense and context are intended to survive the performance hereof by the parties hereunder, shall survive and continue in effect.
Where the context of this Agreement requires, singular terms shall be considered plural, and plural terms shall be considered singular.
If you have questions or wish to send us comments about these terms, please send an email with your questions or comments to:
support@prado.net.
Please be assured that any personal information that you provide in communications to the above address will not be used to send you promotional materials, unless you so request.
Following the General Data Protection Regulation (“GDPR”), which took effect on May 25, 2018, Prado Media Ltd. (“Prado” or “Company”) has taken all necessary steps and is certified as GDPR compliant.
Data Processing
Prado processes personal data solely as necessary to provide its services and in compliance with applicable privacy laws, including the GDPR. The company has ensured an applicable lawful basis for all processing of users’ personal data within the EEA, and has documented these lawful bases. Prado, as a processor for partners, has also signed Data Processing Agreements and implemented appropriate security measures (detailed below) to protect the data it processes.
Education
Prado has trained its personnel to educate them on GDPR requirements, the company’s data practices, and the importance of security.
Technological, Organizational, and Security Standards
Prado has conducted an in-depth audit, mapping out its data sets and technical and organizational security measures, in compliance with its security policy. The technology and security teams are continually working to make necessary adjustments to facilities.
Legal Documentation
Prado has ensured all documents, including agreements, privacy policies, online terms, etc., are GDPR compliant. The legal team continuously updates these documents to include the mandatory processor provisions required by Article 28 of the GDPR.
Data Protection Officer (DPO)
Prado has appointed a DPO to ensure ongoing GDPR compliance. They can be contacted at: dpo@prado.co.
User Rights
In accordance with GDPR, data subjects may exercise their rights to access, rectification, restrict processing, erasure, data portability, the right to lodge complaints with supervisory authorities, and the right not to be subject to automated processing. To exercise any of these rights, users may contact Prado’s DPO at dpo@prado.co. Prado also has internal processes to ensure end users can manage their communication preferences, giving them control over their data.
Data Minimization and Storage Limitation
Prado ensures that personal data is only collected and processed to the extent necessary for the specific purposes for which it was collected. Personal data is retained only for as long as required to fulfill those purposes or as mandated by applicable law, after which it is securely deleted or anonymized.
Transparency to Regulators
Prado maintains accurate and accessible written records, as legally required, to provide information to authorities in a timely manner.
Incident Responsiveness
Prado has implemented a process to respond to data breaches. In the event of a data breach, Prado will promptly notify the data controllers, regulators, and affected end users as required under applicable law.
DISCLAIMER
THIS WEBSITE DOES NOT CONSTITUTE A DEFINITIVE GUIDE TO EU DATA PRIVACY NOR LEGAL ADVICE FOR YOUR COMPANY’S COMPLIANCE WITH EU DATA PRIVACY LAWS, SUCH AS GDPR. IT PROVIDES GENERAL INFORMATION ABOUT HOW PRADO ADDRESSES IMPORTANT LEGAL POINTS. CONSULT A QUALIFIED ATTORNEY FOR LEGAL ADVICE PERTAINING TO YOUR SPECIFIC CIRCUMSTANCES. YOU MAY NOT RELY ON THIS OVERVIEW AS LEGAL ADVICE, NOR AS A RECOMMENDATION OF ANY PARTICULAR LEGAL UNDERSTANDING.
