Common use of Data and Information Generally Clause in Contracts

Data and Information Generally. (a) Jebbit shall provide Company with access to online reports of Jebbit Services, which reports shall include details regarding the level of online interaction between each End User and the Company (“Reports”). (b) Jebbit may receive and store data and information passed about individual End Users who use the Jebbit Services, including without limitation, End Users’ gender, age and other demographic information, user log files, behavioral, contextual, geo-location, contact information and other data observed or collected by Jebbit regarding End Users in connection with the Jebbit Services (collectively “End User Information”). All End User Information shall be the property of Jebbit. Solely as permitted by Jebbit’s privacy policy and applicable laws, Jebbit may include in the Reports de-identified aggregated End User Information. Notwithstanding anything to the contrary contained herein, Company agrees that it shall use the End User Information only: (i) in accordance with all applicable federal, state and local laws and regulations; (ii) in accordance with the Jebbit privacy policy under which the End User Information was obtained; and (iii) for the purpose of conducting Campaigns using the Jebbit Services. (c) All data and content originating with Company and owned or controlled by Company that Company provides to Jebbit to enable or facilitate Jebbit Services (“Company Data”) is and will remain the property of Company. Company represents and warrants that neither the content nor form of the Company Data, nor the use by Jebbit of the Company Data in accordance with the terms of this Agreement, shall violate any rights of third parties or any applicable laws, rules and regulations. Company hereby grants Jebbit and its affiliates a non-exclusive, royalty-free, worldwide license to use, copy, distribute, format, display and/or modify such Company Data in connection with Jebbit’s performance of the Jebbit Services. Jebbit may retain such Company Data and use it as part of the Jebbit Services provided to Company. Jebbit may not share this data with any other party or use this data as part of the Jebbit Services provided to any other company without the express written permission of Company.

Data and Information Generally. (a) Jebbit shall provide Company with access to online reports of Jebbit Services, which reports shall include details regarding the level of online interaction between each End User and the Company (“Reports”). (b) Jebbit may receive and store data and information passed about individual End Users who use the Jebbit Services, including without limitation, End Users’ gender, age and other demographic information, user log files, behavioral, contextual, geo-location, contact information and other data observed or collected by Jebbit regarding End Users in connection with the Jebbit Services (collectively “End User Information”). All End User Information shall be the property of Jebbit. Solely as permitted by Jebbit’s privacy policy and applicable laws, Jebbit may include in the Reports de-identified aggregated End User Information. [Notwithstanding anything to the contrary contained herein, with respect to any End User Information covered by the European Union General Data Protection Regulation (“EU GDPR”), Jebbit will only process the information on behalf of and in accordance with the Agreement and any other reasonable instructions provided by Company where such instructions are consistent with the terms of this Agreement.] Notwithstanding anything to the contrary contained herein, Company agrees that it shall use the End User Information only: (i) in accordance with all applicable federal, state and local laws and regulations; ; (ii) in accordance with the Jebbit privacy policy under which the End User Information was obtained; and (iii) for the purpose of conducting Campaigns using the Jebbit Services. (c) All data and content originating with Company and owned or controlled by Company that Company provides to Jebbit to enable or facilitate Jebbit Services (“Company Data”) is and will remain the property of Company. Company represents and warrants that neither the content nor form of the Company Data, nor the use by Jebbit of the Company Data in accordance with the terms of this Agreement, shall violate any rights of third parties or any applicable laws, rules and regulations. Company hereby grants Jebbit and its affiliates a non-non- exclusive, royalty-free, worldwide license to use, copy, distribute, format, display and/or modify such Company Data in connection with Jebbit’s performance of the Jebbit Services. Jebbit may retain such Company Data and use it as part of the Jebbit Services provided to Company. Jebbit may not share this data with any other party or use this data as part of the Jebbit Services provided to any other company without the express written permission of Company. (d) With respect to End User Information, Company Data, and any other data received by Jebbit pursuant to this Agreement that is covered by the EU GDPR, the parties agree that Company is the Data Controller and Jebbit is the Data Processor as defined under such law. Company represents and warrants that it has a valid lawful basis of processing for any such data that Jebbit obtains as a Data Processor pursuant to this Agreement.

Data and Information Generally. (a) a. Jebbit shall provide Company with access to online reports of Jebbit Services, which reports shall include details regarding the level of online interaction between each End User and the Company (“Reports”). (b) b. Jebbit may receive and store data and information passed about individual End Users who use the Jebbit Services, including without limitation, End Users’ gender, age and other demographic information, user log files, behavioral, contextual, geo-location, contact information and other data observed or collected by Jebbit regarding End Users in connection with the Jebbit Services (collectively “End User Information”). All Personally Identifiable Information and End User Information shall be the property of JebbitCompany. c. Company grants to Jebbit a royalty-free, worldwide, perpetual license to use End User Information, in aggregate and anonymized, to improve its products and services as part of routine analysis and platform improvement. Solely as permitted by Jebbit’s privacy policy and applicable laws, Jebbit may include in the Reports de-identified aggregated End User Information. Jebbit shall never sell, trade, or share End User Information, Personally Identifiable Information, or Company Data used in connection with its products and services. d. Notwithstanding anything to the contrary contained herein, Company agrees that it shall use the End User Information only: (i) in accordance with all applicable federal, state and local laws and regulations; ; (ii) in accordance with the Jebbit privacy policy under which the End User Information was obtained; and (iii) for the purpose of conducting Campaigns using the Jebbit Services.. Unless otherwise agreed in a business associate agreement, Company acknowledges that Jebbit is not a Business Associate or subcontractor (as those terms are defined in the Health Insurance Portability and Accountability Act and related amendments and regulations as updated or replaced “HIPAA”) and that the Jebbit Services are not HIPAA compliant. Company must not submit, collect or use any “protected health information” as defined in 45 CFR §160.103, with or to the Jebbit Services, unless and until a business associate agreement is executed and Company is in compliance with the obligations therein (c) e. All data and content originating with Company and owned or controlled by Company that Company provides to Jebbit to enable or facilitate Jebbit Services (“Company Data”) is and will remain the property of Company. Company represents and warrants that neither the content nor form of the Company Data, nor the use by Jebbit of the Company Data in accordance with the terms of this Agreement, shall violate any rights of third parties or any applicable laws, rules and regulations. Company hereby grants Jebbit and its affiliates a non-exclusive, royalty-free, worldwide license to use, copy, distribute, format, display and/or modify such Company Data in connection with Jebbit’s performance of the Jebbit Services. Jebbit may retain such Company Data and use it as part of the Jebbit Services provided to Company. Jebbit may not share this data with any other party or use this data as part of the Jebbit Services provided to any other company without the express written permission of Company.