This privacy notice discloses the privacy practices of Shisham Digital Media Pvt Ltd. This privacy notice applies to information collected through advertisements delivered and/or processed through Shisham’s platforms. It will notify you of the following:
What information is collected from you through the advertisements/ Cookies/ SDKs, how it is used and with whom it may be shared. What choices are available to you regarding the use of information collected as mentioned above. The security procedures in place to protect the misuse of your information. How you can correct any inaccuracies in the information. Information Collection, Use and Sharing
We i.e. Shisham Digital collect information including your IP address (which provides broad location information as well), device type and model, system language, the device's operating system (such as Android or iOS), SDK version, mobile carrier name, mobile browsers installed on the device (such as Chrome or Safari), using either cookies or through the HTML headers when you view/ click on our ads. In addition, through the apps/ sites we partner with, we may get additional information regarding downloads and installations of mobile applications and information regarding in-app events (such as in-app purchases), and identifiers assigned to your device, such as its iOS Identifier for Advertising (IDFA), Android Advertising ID etc. We may also collect / have access to such information that you have voluntarily shared with us through any forms submitted or collected during direct contact with you. We will not sell or rent the contents of information collected, to anyone. Shisham Digital uses the above information in order to serve targeted advertising and offers and/or detect ad fraud. Shisham Digital does not use sensitive personal data such as race, religion, health or political views for interest based targeting. We will use your information only for the purpose stated above. We will not share your information with any third party outside our organization, except with authorized Data Processing partners who would have Privacy Policies similar to ours. Unless specifically denied/ restricted, we may contact you via email in the future to update you about specials, new products, services, or any change in this Privacy Notice. We may use the data analytics from the data collected. Read the detailed cookie policy here Your Access to and Control Over Information You may opt out of any future contacts from us at any time. You can contact us via email (contact@shishamdigital.com) or phone number as provided on our website, for any of the following: Right to Access Data- Ask what information we have about you, if any. Right to Request Rectification- Change/correct any information we have about you. Right to Erase-Request for deleting any of your information that we have. Right to express concern - Express any concern you have about our use of your information. Right to restrict processing- Request to stop using your information/ data. Right to data portability- You will be provided personal data in a structured, commonly used and machine- readable form Shisham Digital reserves the right to share the information where required by law; such as to comply with a subpoena or requested by a Court of law of competent jurisdiction, when we believe in good faith that disclosure is necessary to protect our rights, protect your safety or the safety of others, investigate fraud, or respond to a government request.

Security

We will take all necessary measures to protect your information. When you share information, we ensure that your information is protected both online and offline. Whenever, we collect information, that information is transmitted to us in an encrypted format and the same can be verified by a lock icon in the address bar or by “https” at the beginning of the address of the Web page. While we use encryption to protect information transmitted online, we also protect your information offline. Only those employees who are assigned with the job shall be granted access to information. However, no human has access to any individual user information, and only aggregated information and reports are provided to our internal employees or Affiliates on a strictly need basis. Individual user information is only stored in computers/ servers, which are kept in a secure environment. Shisham Digital is committed to implementing appropriate technical and organizational measures to safeguard Personal Data and ensure that all personnel who have access to and/or process Data are obliged to keep the Personal Data confidential. Shisham Digital complies with its obligations under the Data Protection Legislation (GDPR) or any other applicable Data Protection Law/ Regulation by providing an adequate level of protection to any Personal Data that is transferred.

Shisham Digital Media Pvt Ltd provides services to advertisers/agencies subject to the following terms of service.By using our services in any form whatsoever, you agree and accept to be bound by these general terms and conditions at all times. Throughout this terms of service, Shisham Digital will be referred to as “we”, “our”, “us”. “You” means “Advertiser” and/ or “Agency who uses our services. We may update these terms from time to time without prior notice and the same would be referenced through this URL in our IOs/POs/Invoices and/or updated contents on this webpage. Your continued use of our services will be deemed acceptance to amended or updated terms. The terms of service is only available in English version. As such you agree and accept these terms whenever you accept or use our services in accordance with the IOs/POs/Invoices and/or contracts of services with us. If you do not agree with any of our terms, then please highlight the same immediately to your account manager at Shisham Digital.

Acceptance of terms

These terms represent the entire agreement between the parties regarding the subject matter hereof and supersedes any and all other agreements between the parties, whether written or oral, regarding the subject matter hereof. If you use the service on behalf of any third party, you represent and warrant that you are authorized to act on behalf of and bind that third party to these terms of service. You shall ensure that each third party is bound by and abides by the terms of service. No terms or conditions other than those set forth in the terms of service or insertion order(s) signed by us will be binding on us unless expressly agreed to in writing by us. You understand that our contractual relationship and obligations only extend to you as far as your contract and use of our services is concerned as we do not have a contractual obligation with end users who purchase and/or install your products, partners or third party affiliates who utilize the platforms, or any other party with whom you chose to engage to perform any transactions involving such services. Neither you nor we may assign or transfer this agreement or any right or obligations hereunder without the prior written consent of the other, which consent shall not be unreasonably withheld. Either you or we may, upon notice to the other, assign this agreement to a parent, subsidiary, division, affiliate, or successor upon the merger, consolidation, sale or transfer of all or substantially all assets, so long as your or our successor to such transaction assumes all obligations under this agreement. Your consent to receiving electronic communications and agree that all agreements, notices, disclosures and other communications and agree that all agreements, notices, disclosures and other communications that we provide to you electronically, via email or by posting notices in your account area satisfy any legal requirement that such communications be in writing. You acknowledge and agree the above electronic program as a means of accepting this agreement and are entering into a legally binding contract.

Definitions:

1.1 For the purpose of Data Protection Regulation “Controller”, “Data Subject”, “Personal Data”, “Processor” “Processes/Processing”, Sub- Processor each shall have the same meaning as provided in General Data Protection Regulation (“GDPR”) and/ or any other the applicable Data Protection Legislation and be interpreted in terms of GDPR and/ or the applicable Data Protection Legislation. 1.2 Data Protection Legislation: (i) the General Data Protection Regulation (“GDPR”) ((EU) 2016/679) and any nation implementing laws, regulations and secondary legislation, as amended or updated from time to time, and (ii) when the GDPR is no longer directly applicable in the United Kingdom, then any successor legislation to the GDPR or the Data Protection Act 1998. 1.3 For the purpose of Data Protection Regulation "Individual" means a natural person to whom Personal Information relates, also referred to as "Data Subject" pursuant to GDPR or any other applicable Data protection laws and regulations. 1.4 For the purpose of Data Protection Regulation "Personal Information" means data about an identified or identifiable Individual, also referred to as "Personal Data" pursuant to EU data protection laws and regulations 1.5 For the purpose of Data Protection Regulation “Service” means Shisham Digital and/or its Affiliates’ proprietary technology for enabling and optimizing publishers and advertisers' ability to sale and purchase advertising space inventory on certain mobile applications and mobile/desktop websites, including via programmatic auction (if applicable). 1.6 For the purpose of Data Protection Regulation “Users” means a human end-user accessing a mobile/web application/website.

Description of Services

We will provide some/all of the following platform technology services as part of our agreement. Build Services: Application and/or ad development platform and services and/or ad development platform and services. User Acquisition, Marketing & Retargeting Services: Real time and/or programmatic digital advertising and/or media procurement services for user acquisition on CPM/CPC/CPI/CPL/CPS models to enable greater user acquisition or engagement services. SaaS: Platform hosting and/or licensing for Data/Usage/Fraud Analytics and/or Attribution optimization and/or platform based media services.

User/Member conduct

Content that is uploaded, whether publicly, privately transmitted are the sole responsibility of the person from whom such content originated. Shisham Digital is entirely not responsible to the content that is uploaded. You are solely responsible for all activity in connection with your account and any account linked to your master account not limiting all activity relating to the creation, modification, maintenance and management of all accounts regardless whether such activity is performed by or on behalf of you. Your information is either original to you or you have secured all necessary rights and licences for its use as contemplated by the agreement or you are responsible for all royalties, payments and fees with respect thereto. Shisham Digital does not claim ownership of content you submit or make available. Our services may provide third party links to other World Wide Web sites or resources and as such we have no control of such sites and resources. You agree and acknowledge the Shisham Digital is not responsible for the availability of such external sites or resources and not liable to any content, products, advertising or other materials. You further agree and acknowledge that Shisham Digital shall not be liable for any damage or loss caused by or in connection with you using any third party links. Shisham Digital will do software updates, enhance and further develop our services, enhance functions, provide bug fixes, patches and new versions and all updates will be automatic. Shisham Digital reserves the right at any time and from time to time with or without notice to modify or to temporarily or permanently discontinue our services.

Non-commercial reuse of Shisham Digital services

You do not acquire any ownership rights to any of our material made available by and through our services and we reserve all rights not to grant. Unless otherwise indicated, any copying, use, redistribution and/or publication of any part of the services, our materials, other than expressively authorized by us in writing, or as authorized in this terms of service. We explicitly disclaim any ownership in your trade secrets, patents, copyright, marks or other proprietary content of yours, which at all times remain your sole and exclusive property. We agree to make no other use of your company name, service mark(s), trademark(s), and/or logo(s) other than in reference to your use of our services or case studies without any confidential details revealed without express written consent.

Charges, Fees and Payment

5.1 You will pay us for all charges and fees you incur in connection with using our services. You are responsible to pay all applicable taxes arising from or in connection with your use of our services. 5.2 All our charges and fees are payable to us in United States Dollars or any other currencies that both parties agree upon. 5.3 Charges are based on our measurements which are definitive and applicable for all billings based on service rendered and product type such as impressions/clicks. 5.4 We will bill for all charges and fees at the end of the month or week (as agreed) or upon completion for usage of services whichever comes earlier. We will submit an invoice to you through e-mail or mailing address indicated on the insertion order. If we agree to your request to send an invoice to a third party on your behalf, such third party will timely pay the invoice, and if not, you will be immediately pay us all such amounts. 5.5 Any disputes about charges to your account(s) must be submitted to us in writing within 7 days of the date you receive/sight our invoice, otherwise you waive such dispute and such charge will be final and not subject to challenge. 5.6 All payments of service fees and initial deposit(s) are non-refundable. If you fail to make any payment as set forth herein, you will pay all reasonable expenses (including attorneys’ fees) incurred by us in collecting such charges. Charges and fees do not include any applicable sales, use, value-added, withholding, excise, or any other taxes or government charges, which are payable by you and are in addition to any amounts due to us. 5.7 Any overdue amounts are subject to interest charges @ compounding monthly interest rate of 1.5% per month. Your account will be deactivated or suspended if your overdue exceeds more than 2 months. We reserve the right to use your information for debt collection purposes and send your account for collection of non- payments. 5.8 In the event your services are terminated, you are responsible for payment of all charges and fees incurred on or before the date of termination and all unpaid invoices issued to you. If the charges are not due or payable after the date of termination, you are still liable to pay us in full on the date of termination.

Representation

6.1 Each party to this agreement represents and warrants it has all legal requisites and corporate powers to enter into this agreement; it has no agreement or understanding with any third party that interferes with or will interfere with its performance of its obligation under this agreement. 6.2 Neither party shall make or pass on any representation or warranty on behalf of the other to any third party. 6.3 If you are providing or obtaining materials or data from or on behalf of a third party, you represent and warrant that you have the authority as agent to such third party to use such materials and data on such third party’s behalf and to bind such third party to the terms of this agreement. 6.4 You represent and warrant that you shall be in compliance with all applicable domestic and foreign laws, rules, ordinances and regulations including and without limiting such as Children’s Online Privacy Protection Act of 2000 and Personal Data Protection Act and laws respecting intellectual property rights, privacy rights and publicity rights and Singapore export control laws. 6.5 In addition to the above for the purpose of compliance with GDPR and/ or any other applicable data protection law/ regulation in individual countries, the Advertiser and/ or Agency as Data Controller or Processor as the case may be, represents and warrants the following for any user data that it receives from / sends to Shisham Digital Data Processing and Protection With regard to the use and processing of Personal Data the Data Controller and its Affiliates shall comply with all applicable laws and regulations as are applicable of the Data Protection Legislation including GDPR. The scope of Data processing and its usage shall be limited to the extent required to deliver the services diligently and efficiently as set forth in the Agreement and the Data Controller may retain such data only if it is necessary to fulfil its obligations as set forth under the Agreement. You will use and process Data in compliance with applicable Data Protection Legislation, to provide the Service, including but not limited to fraud prevention, bot detection, quality rating, analytics, enhancements, optimization, viewability, geo location services, ad security, ad verification services and service misuse prevention. Where applicable, the Parties may process Data in anonymized and aggregated forms. Security, Privacy, and Audit RightsIn the event of any Personal Data breach (actual or suspected) by the Advertiser, the Advertiser at no cost to Shisham Digital shall: notify Shisham Digital of such Personal Data breach without undue delay, no later than 24 provide Shisham Digital without undue delay no later than 48 hours after becoming aware of or first suspecting the Personal Data Breach such details as Shisham Digital may require in relation to: he nature and impact of the Personal Data Breach, including the categories and approximate numbers of Data Subjects and Personal Data, records concerned; any investigations into such Personal Data Breach; the likely consequences of the Personal Data Breach; and any measures already taken or proposed to address the Personal Data Breach, including but not limited to mitigate its possible adverse effects and prevent the reoccurrence of the Personal Data Breach or any similar breach, provided that, (without prejudice to the above obligations) if Advertiser cannot provide the details as mentioned above within the mentioned timeframes, Advertiser shall, before the closure of the timeframe, provide Shisham Digital with reasons for such delay and when it expects to be able to provide relevant details (which may be phased), and give Shisham Digital regular updates on these matters. hours after becoming aware of or first suspecting the Personal Data Breach; Controller RequirementsThe Advertiser and/ or Agency as Controller shall: at no cost to Shisham Digital record and then refer to Shisham Digital promptly (and in any event within 5 Business Days of receipt) any Data Subject request or complaint which is made under GDPR and/ or any other applicable Data Protection Legislation in relation to the Data processing; at its cost and expense, provide such information and cooperation and other assistance as Shisham Digital reasonably requests in relation to a Data Subject request or complaint made under GDPR and/or Data Protection Legislation within the timescales reasonably required by Shisham Digital; implement and maintain a program to ensure that all collection and Processing at its end and transmission of Personal Data is sufficiently safeguarded and secured; implement a legally adequate privacy policy in accordance with GDPR and/ or any other applicable Data Protection Legislation, and enact all other compliance requirements as applicable to the business; maintain, monitor and review records of user activities, exceptions, faults and privacy in relation to the relevant Personal Data; and ensure information security events are produced, maintained, monitored, reviewed and if required enhanced on an ongoing basis. ensure that the relevant technical solutions are configured such that the default settings protect Data Subject privacy; Consent Requirements Advertiser confirm and warrants that any personal information provided to Shisham Digital is received post necessary consent from the User/ Data Subject in compliance with the provisions of GDPR and/ or any other applicable Data Protection Law/ Regulation as the case may be and shall be used only for the purpose for which the consent is so obtained. Advertiser shall seek consent from the User/ Data Subject to the standard and provisions of GDPR and/ or any other applicable Data Protection Legislation to collect, Process, transmit or use their Personal Data as contemplated by the Agreement. In the event the consent to handle Personal Data is withdrawn by the User/ Data Subject, Advertiser shall notify Shisham Digital without undue delay no later than 24 hours after becoming aware of the consent being withdrawn and shall stop using, transmitting and/ or processing the data immediately after withdrawal of such consent; Advertiser shall allow Shisham Digital or any third Party so designated by Shisham Digital to conduct/ undertake audit for the purpose of demonstrating compliance with applicable provisions of GDPR and/ or any other applicable Data Protection Law and the provisions of Agreement or this Addendum; Advertiser shall indemnify, defend and hold harmless Shisham Digital and its Affiliates against and from all loss, liability, damages, costs (including legal costs), fees, claims and expenses arising out any third party claims which Shisham Digital may incur or suffer by reason of any breach by the Advertiser of any of the terms of this Addendum.

Governing Law and Dispute resolution:

If the entity signing the Order Form is Shisham Digital Media Private Limited, this Agreement shall be governed by and construed in accordance with the laws of the India without regard to the provisions of conflicts of law. The courts at Delhi, India, shall have exclusive jurisdiction over any dispute or claim arising out of or relating to this Agreement or any breach thereof. If the signing entity is Shisham Digital International Pte. Ltd., this Agreement shall be governed by and construed in accordance with the laws of Singapore without regard to the provisions of conflicts of law. Any dispute or claim arising out of or relating to this Agreement or any breach thereof shall be solely settled by arbitration in Singapore in accordance with the Arbitration Rules of the Singaporean International Arbitration Centre (“SIAC”) for the time being in force, which rules are deemed to be incorporated by reference in this Section. The arbitration tribunal shall consist of one (1) arbitrator to be appointed by the Chairman of SIAC. The language of the arbitration shall be English. Subject to the above, the courts at Singapore shall have exclusive jurisdiction.

Disclaimers

.You acknowledge and agree that there are risks associated with utilizing an internet based service including, not to limited to, the risk of failure of hardware, software and internet connections, the risk of malicious software introduction, and the risk that third parties may obtain unauthorized access to information stored within your account, but not limited to your data. You expressively understand and agree that: Your use of our services is at your sole risk. Our services are provided on an “AS IS” and “AS AVAIBLABLE” basis, to the maximum extent permitted by law. Shisham Digital will use its best efforts to ensure that the quality of our services, information and other material purchased or obtained by you will meet your expectations using best effort basis. Our services will be error free, uninterrupted, timely or secure. Any errors in the software will be corrected. No advice or information verbal or written, we give through the platforms, websites and/or otherwise shall create any warranty, representation and/or guarantee not expressively stated herein.

Indemnity

You agree to indemnify, hold harmless and defend Shisham Digital & its subsidiaries, affiliates, our directors, officers, employees, shareholders and representatives harmless against any and all losses, liabilities, penalties, costs and expenses, including without limitation reasonable attorney’s legal fees, any settlement amount or awarded damages arising out of any third party claim, suit or proceeding by any third party arising from or relating to any breach of these terms. Shisham Digital reserves the right, at its own expense, to assume the exclusive defence and control of any matter subject to indemnification by you. Limitations of Liability In no event shall we be liable for any direct, indirect or special consequential damages, or any other damages of any kind, including an action in contract, tort (including but not limited to negligence) and not limited to loss of profits, loss of data, loss of use arising in any way connected with the use of or inability to use our services including without limitations any damages caused by or resulting from reliance on any information obtained by using our services, or that result from mistakes, omissions, deletion of files, interruptions, errors, defects, viruses, any failure of performance, delays in operation or transmission, communication failure, theft, destruction or unauthorized access to company records, programs or services.

Suspension

We reserve the right to immediately suspend your use of services and platforms, notwithstanding any provisions of this agreement, where we believed that: you breached the agreement. you and your partners are conducting commercial activities that are not fully compliant with all applicable local laws and regulations. you failed to pay any of our charges when due. you are serving ads that contain or link to material that could be considered unlawful, harmful, threatening, defamatory, obscene, harassing or otherwise objectionable We, at any time in our discretion with or without notice may suspend access to our platform immediately.

Termination

The parties to the agreement at any time and with or without cause in its sole discretion, terminate the agreement upon 30 days prior written notice to the other party. You agree that we may at any time for any reason, including a period of inactivity, terminate the terms, or suspend or terminate your account and access to our services. Upon termination, the following terms apply: the User Licenses and any and all other licenses and rights granted in connection with this Agreement will immediately cease and terminate. if you are using our Mobile App Software Development Kit’s (SDK’s) you would remove our SDK from Your mobile app(s) or request a DNS shutdown of Your account in writing (with email sufficing).

Privacy Policy

Our Privacy Policy is available at https://Shisham.digital

Force Majeure

The parties agree that neither parties will be liable for failure to perform other than payment obligations, due to acts of God, fires, explosions, telecommunications, Internet or network failure, results or vandalism or computer tracking hacking, storm or other natural occurrence, national emergencies, insurrections, riots, wars, strikes or other labour difficulties, or any act or omission of any other person or entity. You or we will give notice and will use commercially reasonable efforts to minimize the impact of any such event.

No Waiver

It shall not be deemed a waiver of provision or right to enforce a provision if either party fails to enforce any provision of this agreement. Severability and Survivability If any condition or any portion of obligation of this agreement is held to be invalid or unenforceable for any reason, such determination shall not affect the validity or enforceability of the remaining obligations hereof.

Notice

You agree to receive electronic communication and agree that all notices, disclosures, agreements and other communications that we provide to you electronically, via email or by posting notices in your account area satisfy any legal requirement that such communications be in writing. All notices to us will be via email to contact@shishamdigital.com and such notices will be deemed delivered.

Non-personally identifiable information

We use the non-personally identifiable information that we collect to improve the design and content of the site and targeting of advertising to enable us to personalize your Internet experience. We also may use this information in the aggregate to analyse site and network usage and build ways to target and re-target the most relevant users for your advertising.

Assignment

This Agreement and the rights hereunder are not transferable or assignable without prior written consent of the non-assigning Party; provided, however, that this Agreement may be assigned (or transferred by novation of rights and obligations) by either Party (the “Assignor”) without prior written consent of the other Party (a) to a person or entity who acquires substantially all of the Assignor’s assets, stock or business by sale, merger or otherwise; (b) to an Affiliate of the Assignor; or (c) to a person or entity who is engaged in or established for the purpose of making, purchasing or investing in loans, securities or other financial assets (the “Lender”) in relation to a lending facility granted by the Lender to the Assignor and accepted by the Assignor.

Shisham Digital and Partner or Media Company are hereinafter jointly referred to as “Parties” and individually as “Party”.

WHEREAS:

The parties hereby agree to enter into this Agreement under which Shisham Digital may utilize Advertising Assets of Partner for marketing and promotion of advertising campaigns provided by Shisham Digital Media Private Limited

Definitions:

1.1 “Advertising Asset” means any mobile/tablets/desktop site or application that provides Ad Inventory for marketing or promotion for any person, products or services 1.2 “Ad Inventory” means digital advertising inventory, including, without limitation, web, mobile, application and/or widget-based advertising inventory; provided, however, that an application may constitute Ad Inventory hereunder only if such application (i) provides the user with clear and conspicuous notice about all material functionality, (ii) obtains informed consent from the user prior to download/install, and (iii) allows the user to maintain control over his or her computing environment. 1.3 “Ad Tag” means any programming code or HTML, placed as is or via APIs or via a SDK (Software Development Kit), that requests Shisham Digital’s platform to serve an Ad Format. 1.4 “Ad Format” means a unit or units of advertising content served via the Ad Tag such as banners ads, native ads, video ads, install ads etc. 1.5 “Click Tracker Tag” means a click-tracking tag used by Shisham Digital hereunder to track a user’s “click”. 1.6 “Install Tracker” means a programming code, whether via a SDK (Software Development Kit) or server to server integration, used by Shisham Digital hereunder to track a user’s “Install on first open”. 1.7 “Advertiser” means any third party who uses Shisham Digital’s platform or services for enabling advertising campaigns for promoting their Advertiser Asset. 1.8 “Advertiser Asset” means any mobile/tablets/desktop site or application owned by the Advertiser being advertised using Shisham Digital’s platform or service on Partner’s Advertising Asset. 1.9 “Buying Model” means the payment method adopted for completion of an Objective (Clicks, Installs, Activations or Impressions). Buying models will consist of CPCV, CPV, CPC, CPI, CPA or CPM. 1.10 “CPCV” means cost per complete view. 1.11 “CPV” means cost per Visit. 1.12 “CPC” means cost per click. 1.13 “CPI” means cost per Install on first open. 1.14 “CPA” means cost per Acquisition where Acquisition could be a lead, pack activation etc. 1.15 “CPM” means cost per Impression. 1.16 “Term” has the meaning set forth in Clause 2 hereto. 1.17 For the purpose of Data Protection Regulation “Controller”, “Data Subject”, “Personal Data”, “Processor” “Processes/Processing”, Sub- Processor each shall have the same meaning as provided in General Data Protection Regulation (“GDPR”) and/ or any other the applicable Data Protection Legislation and be interpreted in terms of GDPR and/ or the applicable Data Protection Legislation. 1.18 Data Protection Legislation: (i) the General Data Protection Regulation (“GDPR”) ((EU) 2016/679) and any nation implementing laws, regulations and secondary legislation, as amended or updated from time to time, and (ii) when the GDPR is no longer directly applicable in the United Kingdom, then any successor legislation to the GDPR or the Data Protection Act 1998. 1.19 For the purpose of Data Protection Regulation "Individual" means a natural person to whom Personal Information relates, also referred to as "Data Subject" pursuant to GDPR or any other applicable Data protection laws and regulations. 1.20 For the purpose of Data Protection Regulation "Personal Information" means data about an identified or identifiable Individual, also referred to as "Personal Data" pursuant to EU data protection laws and regulations 1.21 For the purpose of Data Protection Regulation “Service” means Shisham Digital and/or its Affiliates’ proprietary technology for enabling and optimizing publishers and advertisers' ability to sale and purchase advertising space inventory on certain mobile applications and mobile/desktop websites, including via programmatic auction (if applicable). 1.22 For the purpose of Data Protection Regulation “Users” means a human end-user accessing a mobile/web application/website.

Term:

This agreement shall take effect on the date written above and shall remain in effect for a period of twelve (12) consecutive months (the “Term”). Upon completion of term, this agreement shall automatically extend for another period of one (1) year unless terminated in accordance with this Agreement.

Advertising Asset details:

The following is the list of Mobile Assets for which both parties have entered into this Agreement.

Partner agrees to:

Integrate Shisham Digital’s Ad Tags/ Ad Formats on all relevant Advertising Assets. Provide necessary support on integrating and testing Shisham Digital’s Ad Tags and Ad Formats. Represent and warrant that it will not modify, adapt, translate, prepare derivative works from, decompile, reverse engineer, disassemble or otherwise attempt to derive source code from any technology platform, code, software, services, interface, applications, solution, provided hitherto by Shisham Digital for provision of services under this agreement. Ensure Advertising Asset does not contain content or materials of any kind (including, but not limited to, text, graphics, images, photographs, sounds, etc.) that are illegal or objectionable (for example, materials that may be considered obscene, pornographic or defamatory). Not employ improper ways and means to deliver Objectives (Clicks, Installs, Activations or Impressions) using either manual cheats, specialized programs, code/s, script/s, bot/s, Trojan/s, emulator/s or other fraudulent methods. Not deliver Objectives by auto initiation of Video Views, Page Visits, Clicks, Activations and Installs and that these must be result of user initiated action. Partner acknowledges that if Partner uses any of the above mentioned improper ways and means to deliver any Objectives then Shisham Digital has the right to reject all payments where such improper ways and means are detected and/or reasonably suspected and has the sole right to terminate any outstanding order and black list the Media Company as the case may be for any future business. Participate in any joint press releases and marketing announcements, with prior approval from Shisham Digital.

Shisham Digital agrees to:

Provide Party with reasonable technical support for the integration of Ad Tags. Ensure that Ad Tag shall not contain content or materials of any kind (including, but not limited to, text, graphics, images, photographs, sounds, etc.) that are objectionable (for example, materials that may be considered obscene, pornographic or defamatory). Represent and warrant that Ad Tags/Ad Format/Creatives does not infringe any third parties’ rights, including but not limited to patents, trademarks, copyrights, trade secrets, license or other proprietary rights. Provide online reports or reports on regular basis with details on completion of objectives such as Clicks, Installs, Activations or Impressions which shall be the basis of invoicing by the Partner. Such reports would not limit or in any way waive Shisham Digital’s rights to retrospectively report or detect any reasonably suspected improper ways and means of the Media Company which may be investigated at any time during the term of this agreement. Participate in any joint press releases and marketing announcements, with prior approval from both parties.

Invoicing and Payments:

Invoice shall be raised by Partner to Shisham Digital at each month end for all deliveries during the previous month. Invoice will be based on the confirmation from Shisham Digital or actual delivery as reported by the Shisham Digital Platform, after adjusting for any refunds/reversals/adjustments as the case may be. All invoicing and payment terms would follow the norms of the IAB. If no discrepancy is reported to Shisham Digital by Partner within seven (7) calendar days from the date of receipt of campaign reports, the numbers will be considered as correct and final. Any discrepancy reported within 7 days as mentioned above is subject to be negotiated with evidence by both Parties. All Invoices shall be paid within thirty (30) days, from date of receipt of the final invoice after deduction of the withholding tax / levy as applicable. Shisham Digital would have the right to seek refunds/reversals/adjustments for any past fraudulent or improper ways reported/detected/suspected in accordance with this agreement and the Media Company or Partner would have to make such adjustments as per the written demand from Shisham Digital. This Agreement supersedes all prior agreements, insertion orders, written or oral, between the parties relating to the subject matter of this agreement. Internet Advertising Board – AAA/IAB Standard Terms and Conditions of Internet Advertising for Media Buys One Year or Less v3.0 section III ‘c’ (“IAB 3.0”) would be applicable for all orders made issued by Shisham Digital to the Media Company. Invoices will be raised with addition of taxes and levies as applicable from time to time as per government regulations In case of a campaign being paused, the applicable number for billing shall be as is reported by the Shisham Digital platform as of twenty four (24) hours after the pause request. The partner shall provide all required documents to process overseas payments from Singapore, as per applicable laws.

Termination:

Parties to the Agreement at any time without cause in their sole discretion may terminate the agreement upon thirty (30) calendar days’ prior written notice to the other. Either Party may terminate this Agreement immediately by notice in writing to the other if the other Party is in material breach or persistent breach of any of the provisions of this Agreement and, in the case of a breach capable of remedy, fails to remedy such breach within fifteen (15) calendar days of receipt of written notice giving full particulars of the breach and of the steps required to remedy it; or is wound up, or is declared insolvent, or has a liquidator appointed over its assets.

Indemnification and Limitation of Liability:

Both Parties shall indemnify and keep indemnified each other against any liability, damage, expense, claim or cost (including reasonable legal fees and costs) suffered by or directly arising from a breach of terms and conditions, warranties or any mis-representation by the indemnifying Party of any of its obligations. Neither Party shall be liable in contract, tort (including negligence), pre-contract or other representations (other than fraudulent or negligent misrepresentations) or otherwise arising out of or in connection with this Agreement for loss of revenues, profits, contracts, business or anticipated savings; or any special, indirect or consequential losses. Notwithstanding anything written or otherwise, the Parties liability howsoever arising out of or in connection with this agreement shall not exceed, in total, regardless of the number of claims, in respect of all matters, an amount equal to the total value of the order issued by Shisham Digital to Partner under this agreement. Parties agree that the limitation of liability shall not apply for breach of confidentiality obligation, warranties as provided under GDPR or any other applicable Data Protection law and infringement of Intellectual Property Rights.

Confidentiality:

Each Party acknowledges Confidential Information shall be used solely for the business, affairs, plans, customers, technology, and products and shall exploit such confidential information for its own benefit or the benefit of another without the prior written consent of the other party. The term “Confidential Information” shall mean all non-public information this Agreement or a Party designates as being confidential or which under the circumstances of disclosure ought to be treated as confidential. “Confidential Information” includes, without limitation, the terms and conditions of this Agreement, pricing, marketing or promotion of any product or services, business policies or practices, customers, potential customers or documentation or information received from others that a Party is obligated to treat as confidential. If a Party has any questions as to what comprises such Confidential Information, that Party shall consult with the other Party.“Confidential Information” shall not include information that was known to a Party prior to the other Party’s disclosure, or information that becomes publicly available through no fault of the Party. Each Party shall hold in strictest confidence, shall not use or disclose to any third Party, and shall take all necessary precautions to secure any Confidential Information of the other Party. Disclosure of such information shall be restricted solely to employees, agents, consultants and representatives who have been advised of their obligation with respect to Confidential Information.

Intellectual Property Rights:

Partner will retain all right, title and interest in and to its, or its licensees, copyright and other intellectual property rights (“IPR”) relating to the Partner’s Properties. Shisham Digital will retain all right, title and interest in and to its IPR provided such IPR is not created or generated for Partner and/or by using Partner’s IPR. Partner grants to Shisham Digital, during the term, a non-exclusive, non-sub-licensable, royalty-free, world-wide license to use, reproduce and display Partner logo and Partner branding (“Partner Marks”) in the form provided by Partner solely for the purposes of marketing the Ads. Upon the expiration or termination of this Agreement, each Party will cease using the IPR of the other.

Warranties:

1. Each Party to this Agreement represents and warrants to the other that it has, and will retain throughout the Term, all right, title and authority to enter into, and perform all of its obligations pursuant to, this Agreement. 2. Shisham Digital warrants that it complies with, and shall continue to comply with, all applicable Singapore laws and regulations applicable to Shisham Digital’s performances under this Agreement. 3. Parties warrant that use of each other’s IPR shall not infringe any third party rights. 4. In addition to the above for the purpose of compliance with GDPR and/ or any other applicable data protection law/ regulation in individual countries, Partner warrants the following for any user data that it receives from / sends to Shisham Digital 4.1 Consent Requirements Partner confirms and warrants that any personal information provided to Shisham Digital is received post necessary consent from the User/ individual in compliance with the provisions of GDPR and/ or any other applicable Data Protection Law/ Regulation as the case may be and shall be used only for the purpose for which the consent is so obtained. Partner shall seek consent from the Data Subject to the standard and provisions of GDPR and/ or any other applicable Data Protection Legislation to collect, process, transmit, display or use their Personal Data as contemplated by the Agreement. In the event the consent to handle Personal Data is withdrawn by the Data Subject/ User, Partner shall notify Shisham Digital without undue delay no later than 24 hours after becoming aware of the consent being withdrawn and shall stop using, transmitting and/ or processing the data immediately after withdrawal of such consent; Partner shall allow Shisham Digital or any third Party so designated by Shisham Digital to conduct/ undertake audit for the purpose of demonstrating compliance with applicable provisions of GDPR and/ or any other applicable Data Protection Law; Partner shall indemnify, defend and hold harmless Shisham Digital and its Affiliates against and from all loss, liability, damages, costs (including legal costs), fees, claims and expenses arising out any third party claims which Shisham Digital may incur or suffer by reason of any breach of any of the provisions of GDPR and/ or any other applicable Data Protection Law. 4.2 Data Processing and Protection Partner agrees that, with regard to the use and processing of Personal Data the Data Controller, Data Processor and/or Sub-processor and their Affiliates shall comply with all applicable laws and regulations as are applicable of the Data Protection Legislation including GDPR. The scope of Data processing and its usage shall be limited to the extent required to deliver the services diligently and efficiently as set forth in the Agreement and the data, if necessary may be retained to fulfil the obligations as set forth under the Agreement. Partner agrees that it will process Data in compliance with applicable Data Protection Legislation, to provide the Service, including but not limited to fraud prevention, bot detection, quality rating, analytics, enhancements, optimization, viewability, geo location services, ad security, ad verification services and service misuse prevention. Where applicable, the Parties may process Data in anonymized and aggregated forms. In case the Partner appoints any sub-processor then the: Sub-processor shall only process Personal Data on behalf of and in accordance with Data Processor’s instructions and shall treat Personal Data as confidential information of the Data Processor. Data Processor instructs Sub-processor to process Personal Data solely for the provision of the Services. Sub-processor may process Personal Data other than on the written instructions of Data Processor as directed by the Data Controller/ Processor if it is required under applicable law to which Data Controller, Data Processor and/or Sub-processor is subject. Data Processor instructs Sub-processor to process Personal Data (a) in accordance with the Agreement and Schedules thereto; (b) to provide the Services and any related technical support as detailed in the Agreement; and (c) to comply with other reasonable instructions provided by Data Processor where such instructions are consistent with the terms of the Agreement and this Addendum. Data Processor shall ensure that the instructions for processing of Personal Data are in compliance with GDPR and/ or any other applicable Data Protection Legislation. If Sub-processor believes or becomes aware that any of Data Processor’s instructions conflict with any Data Protection Legislation, Sub-processor shall inform Data Processor immediately. Sub-processor may process Personal Data other than on the instructions of Data Processor if it is required under applicable law to which Sub-processor is subject. Where Sub- processor is relying on applicable law as the basis for processing Personal Data, Sub-processor shall promptly notify Data Processor of the applicable law before processing the data as required by the applicable laws unless those applicable laws prohibit Sub-processor from so notifying the Data Processor. 4.3 Security, Privacy, and Audit RightsIn the event of any Personal Data breach (actual or suspected), Partner at no cost to Shisham Digital shall: notify Shisham Digital of such Personal Data breach without undue delay, no later than 24 hours after becoming aware of or first suspecting the Personal Data Breach; provide Shisham Digital without undue delay no later than 48 hours after becoming aware of or first suspecting the Personal Data Breach such details as Shisham Digital may require in relation to: the nature and impact of the Personal Data Breach, including the categories and approximate numbers of Data Subjects and Personal Data, records concerned; any investigations into such Personal Data Breach; the likely consequences of the Personal Data Breach; and any measures already taken or proposed to address the Personal Data Breach, including but not limited to mitigate its possible adverse effects and prevent the reoccurrence of the Personal Data Breach or any similar breach, provided that, (without prejudice to the above obligations) if Partner cannot provide the details as mentioned above within the mentioned timeframes, Partner shall, before the closure of the timeframe, provide Shisham Digital with reasons for such delay and when it expects to be able to provide relevant details (which may be phased), and give Shisham Digital regular updates on these matters. 4.4 Controller RequirementsThe Partner as controller shall: at no cost to Shisham Digital, record and then refer to Shisham Digital promptly (and in any event within 5 Business Days of receipt) any Data Subject request or complaint which is made under GDPR and/ or any other applicable Data Protection Legislation in relation to the Data processing; at its cost and expense, provide such information and cooperation and other assistance as a Party reasonably requests in relation to a Data Subject request or complaint made under GDPR and/or Data Protection Legislation within the timescales reasonably required by Shisham Digital; implement and maintain a program to ensure that all collection and Processing at its end and transmission of Personal Data is sufficiently safeguarded and secured; implement a legally adequate privacy policy in accordance with GDPR and/ or any other applicable Data Protection Legislation, and enact all other compliance requirements as applicable to the business; maintain, monitor and review records of user activities, exceptions, faults and privacy in relation to the relevant Personal Data; and ensure information security events are produced, maintained, monitored, reviewed and if required enhanced on an ongoing basis. ensure that the relevant technical solutions are configured such that the default settings protect Data Subject privacy; 4.5 Return, deletion and other data useUpon termination or expiration of the Agreement, or upon Shisham Digital’s request, Partner will immediately cease handling Personal Data, and at Shisham Digital’s choice, return to Shisham Digital in a manner and format requested or destroy, any or all Personal Data in Partner’s possession, power or control, and certify to Shisham Digital that Partner has done so. Shisham Digital may aggregate or anonymise source data, including Personal Data, made available to Shisham Digital in connection with the Services, and use such data and contact details of the Partner’s staff, to operate and improve its services, reporting, data science and analytics, legal compliance, including audits, fraud prevention, retention and logging, and marketing to the Partner’s staff.

Force Majeure:

Parties agree that neither party will be liable for failure to perform, due to acts of God, fires, explosions, telecommunications, Internet or network failure, results or vandalism or computer tracking hacking, storm or other natural occurrence, national emergencies, insurrections, riots, wars, strikes or other labor difficulties, or any act or omission of any other person or entity. You or we will give notice and will use commercially reasonable efforts to minimize the impact of any such event.

Notices:

Parties agree to receive electronic communication and agree that all notices, disclosures, and other communications that are provided electronically, via e-mail or any commercially reasonable means satisfy any legal requirement that such communications be in writing.

Key Contacts:

The parties shall each appoint a key contact(s) who shall stay in regular contact during the term to ensure that each party complies with its obligations under this Agreement.

General:

This Agreement constitutes the entire agreement between the parties in relation to its subject matter and replaces and extinguishes all prior agreements between the parties and all prior representations, whether written or oral, made by either party with respect to such subject matter provided. All additions and/or modifications to this agreement must be made in writing and must be signed by both parties.

Assignment:

Neither party shall be entitled to assign its rights and obligations under this Agreement without the prior written consent.

Governing Law and Dispute resolution:

If the entity signing the Order Form is Shisham Digital Media Limited, this Agreement shall be governed by and construed in accordance with the laws of the India without regard to the provisions of conflicts of law. The courts at Delhi, India, shall have exclusive jurisdiction over any dispute or claim arising out of or relating to this Agreement or any breach thereof.