BRAVE SUPPLY PARTNER GUIDELINES

These supply partner guidelines (“Supply Partner Guidelines”) form an integral part of the commercial agreement between Brave and Supply Partner (“Terms”). Any capitalized term used herein but not otherwise defined in these Supply Partner Guidelines shall have the meanings described in the Terms. By using the Brave’s services (the “Services”) and/or otherwise the SDK, you (“You”, “Your” and/or “Supply Partner”) hereby agree to comply with, and are required to follow, these Supply Partner Guidelines, in addition to Your compliance with the Terms, and any other relevant agreements that Supply Partner has entered into with Brave People Ltd. and its affiliates (“Brave”). Unless otherwise expressly and specifically approved in writing by Brave, Supply Partner shall meet all the obligations under Supply Partner Guidelines.

  1. GENERAL

When using the Services, Supply Partner shall, at all times, comply with: any and all applicable laws, rules, regulations, platform policies, any applicable self-regulatory regimes and best industry standards, including, without limitation and as applicable: U.S. laws; the rules, codes and guidelines of the Digital Advertising Alliance; the Network Advertising Initiative; the Transparency and Consent Framework for Publishers (as amended from time to time) available at https://iabeurope.eu/tcf-for-publishers/; any platform restrictions such as the Apple Tracking Transparency Framework (or similar to this framework, for example, from Google); the EU General Data Protection Regulation 2016/679 of the European Parliament and of the Council (“GDPR”); the EU Directive 2002/58/EC on privacy and electronic communications (as amended, “ePrivacy Directive”); any data protection laws substantially amending, replacing or superseding the GDPR, the Data Protection Act 2018, as updated, amended, replaced or superseded from time to time by the UK Information commissioner Officer (“UK-GDPR”); the California Consumer Privacy Act of 2018, as amended by the California Privacy Rights Act of 2020, as implemented, amended or modified, including, without limitation, by the attorney general regulations (“CCPA”); the Virginia Consumer Data Protection Act (“VCDPA“); the Colorado Privacy Act (“CPA“); the Connecticut Data Privacy Act (“CDPA“); the Utah Consumer Privacy Act (“UCPA“); the Swiss Federal Act on Data Protection of 19 June 1992, and ‎as revised as of 25 September 2020 (“FADP”); any other applicable federal and/or state law, and the data protection or privacy laws of any other country; and guidelines as may become available from time to time by Brave or its third party advertising partners (collectively, “Laws”).

“Personal Data” means any information relating to an identified or identifiable natural person (‘data subject’); an identifiable natural person is one who can be identified, directly or indirectly, in particular by reference to an identifier, or as otherwise defined under the Laws.

  1. PRIVACY
    • User Content. Supply Partner agrees that it is responsible and shall be fully liable at all times for providing any and all required notices, disclosures and obtaining any and all End User consents required by Law (or any other applicable and lawful legal basis) on behalf of itself, Brave and all applicable advertisers and demand side platforms (“Demand Partners”), with respect to processing of personal data shared in the context of the Services and with the intention of bidding and displaying an advertisement (such as IP addresses, IFV and IFA (e.g., IDFA/ AAID or any other related device IDs), Privacy String, cookies data or unique identifiers, information about End-Users’ devices and End-Users’ browsing behavior).
    • SDK. Supply Partner acknowledges that for the purpose of rendering the Services, Brave requests Supply Partner to install the Brave SDK operated by Brave (which may include third party’s tools – for example Demand Partners’ tags). Supply Partner explicitly undertakes to implement, in accordance with applicable Laws, an adequate consent mechanism for the End User(s), enabling them to accept or decline the use of the SDK and Brave’s Services. Supply Partner shall be responsible for posting, displaying and complying with (and contractually requiring any applicable third party to do the same) all privacy policies and mechanisms to withdraw consent by End Users.
    • Privacy Policy. Without derogating from the Supply Partner’s responsibilities set out in Sections ‎2.1 and 2.2 above, Supply Partner’s platforms, including Supply Partner’s digital assets, websites and apps (the “Platform”), shall contain a link to an accessible privacy policy that will provide its End Users with all disclosures required by applicable privacy, spam, marketing and/or advertisement Laws of the jurisdiction in which such End Users reside and the applicable Laws to Supply Partner, including, without limitation: (i) Data collection practices, purposes, processing activities, usage or any other detail required by applicable Laws (including, without limitation, the collection of the IP addresses and/or other data collected by the SDK); (ii) Expressly identifying that the Supply Partner uses third-party advertising partners to serve ads and may collect, for such purpose, a user data; and (iii) Full and complete details of the Supply Partner, Brave, the relevant Demand Partners and any other relevant third party (including, enriching data companies).
    • Security measures. Supply Partner agrees to implement appropriate technical and organizational measures on its Platform to ensure the security of the End User’s Personal Data, including protection against a breach of security leading to accidental or unlawful destruction, loss, alteration, unauthorized disclosure, or access. In assessing the appropriate level of security, the Supply Partner also agrees to take due account of the state of the art, the costs of implementation, the nature, scope, context and purpose(s) of processing and the risks involved in the processing for the End User. Brave hereby has the right to audit, review documentation and/or send security and privacy questionnaires to the Supply Partner to ensure compliance with applicable Laws, the Terms and these Supply Partner
    • End User’s request. Whether Supply Partner receives any complaint, claim or other request from the End User regarding the processing of the respective End User’ data under GDPR or other Laws, the Supply Partner agrees to fulfill such request without undue delay and according to applicable Law. Where needed, Brave also agrees to reasonably assist Supply Partner with the fulfillment of relevant End User’s requests.
    • Fraud Detection. Without derogating from any terms and conditions as set forth in the Terms, Supply Partner agrees that it shall not generate, facilitate, or encourage any ad impressions in exchange for any benefit paid, or through any pay-to-click programs, “bots,” or other fraudulent traffic including repeated ad clicks or impressions generated by one or more users, text or incentives used to encourage visitors to click on ads, automated clicking tools, or any other traffic sources or other deceptive software. Supply Partner hereby agrees and acknowledges that Brave may monitor its use of the Services, either by Brave and/or by various third-party fraud technology for fraud detection purposes, for as long as Supply Partner uses the Services.
    • Children’s Data. Supply Partner must always comply with any and all children Laws in each jurisdiction, including, without limitation, Children’s Online Privacy Protection Act (“COPPA”), Children’s Advertising Review Unit and Children’s Food and Beverage Advertising Initiative (collectively, “Children Laws”) when collecting, using and sharing such Personal Data. Unless Supply Partner is able to demonstrate compliance with applicable Children Laws, Supply Partner must not (nor shall the Supply Partner use the Services to): (i) target children underage stated in the relevant applicable Children Laws (e.g., 13 years old according to the COPPA, 16 years old according to the EU GDPR, but not below 13 years old according to the national legislation of certain EU member states); and/or (ii) collect information from children that Supply Partner knows are underage, as stated in the relevant applicable Children Laws. Supply Partner undertakes to review the relevant Children Laws that apply to its activities prior to any launch of any campaigns and shall always remain liable with respect to the foregoing. Without derogating from the above, Supply Partner acknowledges that Brave does not wish to receive any prohibited data under the Children Laws and shall have no responsibility for any such data shared by the Supply Partner. Subject to Supply Partner’s compliance with applicable laws, including Children Laws, Supply Partner shall instruct in the SDK to Brave if the user is a child. In case that the End User is marked as a child, Brave will treat the End User in a child’s mode. Without derogating from the generality of the above, Supply Partner undertakes to obtain, collect, and always retain parental consent whenever such consent is required in accordance with applicable Laws and to submit Brave a copy of this parental consent upon Brave’s request.
    • Sensitive Data. Supply Partner shall not, at any time, directly or indirectly transfer, transmit or otherwise pass to Brave any sensitive data including, but not limited to: (a) Personal Data revealing racial or ethnic origin, political opinions, religious or philosophical beliefs; (b) trade-union membership; (c) genetic data, biometric data processed solely to identify a human being; (d) health-related data; (e) data concerning a person’s sex life or sexual orientation; (f) credit cards and bank information; and/or (g) driving license, passport number or any other government identification number. Supply Partner may not use any feature or functionality of the Services to send, collect, share, track, infer, or identify such categories of data.
    • California Do Not Sell. Supply Partner is responsible for its full compliance with the CCPA. Supply Partner shall inform Brave whether the End User requested not to sell or share its Personal Data. In such case Supply Partner shall inform Brave (via the SDK) of such restriction.
    • User choices. Supply Partner shall, at all times, comply with applicable Laws and respect all End User or device – based privacy choices, including, without limitation, those limiting ad tracking, age gating or rating, geolocation data gathering, and the like.
    • Categories of advertisement. In addition, Supply Partner should communicate in writing (by sending the specific IAB categories) to Brave if Supply Partner wishes to block any specific category of advertisement in the content of the Services (e.g., alcoholic beverages and related accessories; weapons, ammunition, or weapons training/certification, and related news and information; tobacco; and/or sexual content or content adult in nature).
    • Cooperation. If End User, relevant supervisory authority under relevant jurisdiction, or any other natural or legal person brings a dispute and/or submits a request concerning the processing of the End User’s data by Brave or the Services, the Supply Partner agrees to fully support and cooperate (including, without limitation, to provide information and proof of consent) in order to resolve such a dispute and/or to answer such a request in accordance with applicable Laws, the Terms and these Supply Partner
    • Notwithstanding anything to the contrary, Supply Partner shall defend, indemnify and hold Brave harmless from and against any and all claims, demands, liabilities, losses, damages, costs and expenses (including legal fees) resulting or arising from Supply Partner’s breach of this Supply Partner Guidelines, including, Section 2.
  2. COMPLIANCE OBLIGATIONS
    • Supply Partner shall comply with and will not cause Brave to be in violation of any and all applicable:
      • Third party contractual terms, licenses, policies and guidelines, including, without limitation, terms governing certain websites and/or services the Supply Partner may use, Android or iOS mobile operating systems, app stores, or any other operating system that the Platform support and through which the Platform are distributed, now or in the future and all advertising policies;
      • Laws, consents, or disclosures required by integrating third-party technology with the Services, such as for measurement, or fraud detection; and
      • Intellectual property laws, intellectual property rights or any other associated right and license restrictions.
    • Supply Partner represents, warrants, and covenants that it: (i) shall implement any needed technical capability to receive, interpret, and comply with, and if necessary re-transmit to further recipients, any and all Privacy Signals (as defined below herein) provided by Brave; and (ii) it will comply with the End Users’ preference as provided through the Privacy Signals, if consent is not provided (i.e., “unknown” signals or errors) Supply Partner shall not treat such Privacy Signals as consent. Supply Partner further represents, warrants, and covenants that it shall comply with any Privacy Signals regarding collection, use, or disclosure of Personal Data, including, without limitation, compliance with any opt-out or consent signals. “Privacy Signals” means, End-Users’ preference regarding the processing of Personal Data, including, without limitations, “do not share or sell my personal information” under the CCPA, the Google restricted data processing “rdp”, Digital Advertising Alliance, Network Advertising Initiative, and the IAB Global Privacy Platform (“GPP”) or IAB Transparency & Consent Framework (“TCF”) signals, Global Privacy Control (“GPC”) string, or any current, future standard signal initiated by an approved consent management platform (“CMP”) which indicated the End-User’s preference with respect to processing Personal Data and providing personalized, interest-based advertisement.
    • Supply Partner shall promptly notify Brave if it determines that it cannot meet its obligations under these Supply Partner Guidelines or any of the applicable Laws.

 

  1. ADDITIONAL REQUIREMENTS
    • Supply Partner acknowledges and agrees that certain campaigns may require prior compliance with additional conditions of Demand Partners of Brave as set forth below. Supply Partner further acknowledges that to the extent that Supply Partner fails to comply with the Demand Partners’ requirements and/or with these Supply Partner Guidelines, Brave may suspend the provision of the Services (in accordance with the Terms), until such non-compliance is fixed. Notwithstanding anything to the contrary, Supply Partner shall defend, indemnify and hold Brave harmless from and against any and all claims, demands, liabilities, losses, damages, costs and expenses (including legal fees) resulting or arising from Supply Partner’s breach of this Section 4.
    • RTB House Inventory Use. In the event that the Supply Partner utilizes or relies upon any inventory provided by RTB House, as part of the Demand Partners’ requirements outlined above, it is mandatory for the Supply Partner to incorporate within its Consent Management Platform (CMP), or alternatively, within its privacy policy, a direct link to RTB House’s privacy policy available at rtbhouse.com/privacy-center/services-privacy-policy.

 

  1. ENFORCEMENT

In addition to all of Brave’s rights and remedies available under the Terms, and at law or equity, if Brave suspects that the Supply Partner violates or beaches these Supply Partner Guidelines and/or the Terms, Brave may suspend or terminate Supply Partner’s use of the Services. Brave may also suspend or withhold any payments to Supply Partner. These Supply Partner Guidelines can be updated from time to time and, therefore, Brave encourages Supply Partner to review these Supply Partner Guidelines periodically. The last revision will be reflected in the “Last updated” heading. Supply Partner’s continued use of the Services thereafter constitutes the Supply Partner’s consent to such changes and to be bound by them.

  1. CONTACT US

Should You have any questions about these Supply Partner Guidelines, please contact your Brave’s account manager.