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Data Handling & Processing Agreement

This Data Processing Agreement (“DPA”) forms part of the Master Services Agreement (“Agreement”) between:

  • AdFalcon LLC (“Company” or “Data Processor”)
  • The Publisher (“Data Controller”)

Unless otherwise defined, capitalized terms have the meaning given in applicable Data Protection Laws.

Definitions

  • Data Protection Laws: Any applicable data privacy laws governing the Processing of Personal Data, including but not limited to:
    • Digital Personal Data Protection Act, 2023 (DPDP Act, India)
    • General Data Protection Regulation (GDPR, EU)
    • Any other global privacy regulations as applicable.
  • Personal Data: Any information relating to an identified or identifiable individual as defined by applicable Data Protection Laws, which AdFalcon LLC processes on behalf of the Publisher. Aggregated or de-identified data is not considered Personal Data.
  • Processing: Any operation performed on Personal Data, including collection, recording, storage, retrieval, disclosure, or deletion.
  • Security Breach: Any unauthorized access, disclosure, loss, alteration, or destruction of Personal Data.

Role of AdFalcon LLC

The Publisher acknowledges and agrees that:

  • AdFalcon LLC acts as a Data Processor and will process Personal Data only as required for delivering services under the Agreement.
  • AdFalcon LLC does not assume liability for Publisher’s compliance with applicable Data Protection Laws.
  • AdFalcon LLC has the right to engage third-party Sub-processors to assist in providing its services.

Data Processing Obligations

  • AdFalcon LLC will process Personal Data strictly in accordance with the Agreement and Publisher’s documented instructions unless required by law.
  • AdFalcon LLC may collect, store, and analyze Personal Data for improving its services, fraud detection, and security monitoring.

The Publisher agrees that AdFalcon LLC is not responsible for obtaining user consents on behalf of the Publisher.

Sub-processors

  • AdFalcon LLC is authorized to use third-party Sub-processors for data processing.
  • The list of Sub-processors is available in the AdFalcon LLC privacy policy, which may be updated periodically.
  • AdFalcon LLC remains fully responsible for the actions of its Sub-processors.

Security Measures

  • AdFalcon LLC will implement appropriate technical and organizational measures to protect Personal Data against unauthorized access or loss.
  • The Publisher is responsible for implementing its own security policies for safeguarding Personal Data before sharing it with AdFalcon LLC.

Data Subject Rights

  • AdFalcon LLC will assist the Publisher in responding to data subject access, correction, or deletion requests, where required.

Any costs incurred in fulfilling such requests will be charged to the Publisher.

Liability and Indemnity

  • The Publisher shall indemnify, defend, and hold harmless AdFalcon LLC from any claims, losses, fines, penalties, or damages arising from:
    • Publisher’s non-compliance with applicable Data Protection Laws.

Misuse or mishandling of Personal Data by the Publisher or its third parties

Recordkeeping & Audits

  • AdFalcon LLC will maintain records of its Personal Data Processing activities as required by law.
  • The Publisher may request audit rights once per year, subject to a 30-day written notice and payment of reasonable audit costs.

Government & Third-Party Requests

  • If AdFalcon LLC receives a government or third-party request for Personal Data, it will notify the Publisher, unless legally prohibited.

AdFalcon LLC has the right to reject or contest such requests at its sole discretion.

Data Transfers & Storage

  • AdFalcon LLC may transfer and store Personal Data in India or any other region where it operates.
  • The Publisher acknowledges that cross-border data transfers may occur as part of service delivery.

Termination & Data Retention

  • Upon termination of the Agreement, AdFalcon LLC may retain Personal Data as required for compliance, legal, or operational purposes.
  • The Publisher must request data deletion in writing, and any associated costs shall be borne by the Publisher.

Contact Information

For privacy-related concerns, contact:

AdFalcon LLC
8 The green Ste A, Dover, DE, 19901, United States

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