Terms And Conditions

LAST UPDATE AS OF 24 MAY 2018

Terms and Conditions are a set of rules and guidelines that a user must agree to in order to use OfferToro Site. It acts as a legal contract between OfferToro and the each user who access website.

General

OfferToro provides a service that enables web users to obtain virtual currency, which may be used for various websites, online games, social applications, social networks and other similar online applications by either earning (by completing offers) or purchasing such virtual currency.

OfferToro's offers and advertisers are carefully selected in order to make sure your users are engaging with safe and honest merchants. In return we expect the same fairness from you. Please respect the following rules, so we may continue to provide you with quality offers

Fraudulent activity

As a publisher, it is your responsibility to prevent fraud in your app. In the case of fraud, we reserve the right to charge-back those commissions or even ban the publisher's account. The use of proxy servers is strictly forbidden as well as any other form of faking an offer completion.

OfferToro audits every Publisher's traffic on a daily basis. Publishers that produce or commit blatant fraudulent activities, will have their account permanently banned from our network and will not be compensated for the fraudulent conversions.

Payments

Payments are sent once a month to our publishers on a net-30 base. Payments can be done via either paypal or a bank transfer. The minimum payout threshold is $50 for paypal, and $200 for bank transfers .

Note: The maximum amount to be paid via Paypal is $5000. For amount over $5000, we can only pay to your bank account.

Taxes

It is your responsibility to determine what, if any, taxes apply to the commission you earn from OfferToro. It is solely your responsibility to assess, collect, report, or remit the correct tax to the proper tax authority. We are not obligated to, nor will we determine whether Taxes apply, or calculate, collect, report, or remit any Taxes to any tax authority arising from any commission sent by OfferToro.

Termination

OfferToro reserves the right to terminate any Publisher's relationship with the OfferToro Network at any time, with or without cause. Termination notice may be provided via email or any other public means and will be effective immediately. Publisher will be paid, in the next scheduled payment cycle, all legitimate earnings due up to the time of termination.

Upon termination, and in the event that blatant fraudulent activities have been documented in the OfferToro data logs, no past or future payments will be made by OfferToro to the publisher.

GDPR Data Processing Addendum: Processor/Sub-processor

This Data Processing and GDPR Addendum (“DPA”) provides a set of supplemental obligations that OfferToro (the “Company”) hereby assumes as part of the agreement (the “Agreement”) with each OfferToro customer (the “Customer”). For the purpose of this GDPR Addendum, references to the Data Processor and the Sub-processor mean either party when acting as a Data Processor or Sub-processor with respect to Personal Data.

This GDPR Addendum sets out the terms that apply when Personal Data, as defined in the Data Protection Legislation, is processed by either party in connection with the Services provided to the Data Controller. The purpose of the GDPR Addendum is to ensure such processing is conducted in accordance with applicable laws and with due respect for the rights and freedoms of individuals whose Personal Data are processed.

This DPA shall be effective on the later of the effective date of the Agreement, and 25 May 2018 (“Effective Date”). All capitalized terms not defined in this DPA shall have the meanings set forth in the Agreement. In the event that OfferToro and Customer have entered into a separate signed agreement document with regard to compliance with the EU Data Protection Law (defined below), this DPA shall not apply; provided, that at a minimum, OfferToro shall, in any case, be bound by its obligations set forth in this DPA.

Definitions

  • “Affiliate” has the meaning set forth in the Agreement.
  • “Agreement” means the agreement between Customer and OfferToro for the provision of the OfferToro Service to Customer.
  • “Customer Data” has the meaning set forth in the Agreement.
  • “Customer Personal Data” means any Customer Data that is Personal Data.
  • “Data Protection Laws” means all data protection and privacy laws applicable to the respective party in its role in the processing of Personal Data under the Agreement, including, where applicable, EU Data Protection Law.
  • “Data Controller” means an entity that determines the purposes and means of the processing of Personal Data.
  • “Data Processor” means an entity that processes Personal Data on behalf of a Data Controller.
  • “EU Data Protection Law” means prior to 25 May 2018, Directive 95/46/EC of the European Parliament and of the Council on the protection of individuals with regard to the processing of Personal Data and on the free movement of such data (“Directive”) and on and after 25 May 2018, Regulation 2016/679 of the European Parliament and of the Council on the protection of natural persons with regard to the processing of Personal Data and on the free movement of such data (General Data Protection Regulation) (“GDPR”), and repealing Directive 95/46/EC.
  • “Personal Data” means any information relating to an identified or identifiable natural person.
  • “Processing” has the meaning given to it in the GDPR and “process”, “processes” and “processed” will be interpreted accordingly.
  • “Security Incident” means any unauthorized or unlawful breach of security in the Hosted Service that leads to the unauthorized disclosure of or access to Customer Personal Data.
  • “Sub-processor” means any Data Processor engaged by OfferToro or its Affiliates to assist in fulfilling its obligations with respect to providing the OfferToro Service pursuant to the Agreement or this DPA. Sub-processors may include third parties or OfferToro’s Affiliates.

Scope and Applicability of this DPA

This DPA applies where and only to the extent that Offertoro Processes Customer Personal Data on behalf of Customer as Data Processor in the course of providing Hosted Service pursuant to the Agreement.

Notwithstanding expiry or termination of the Agreement, this DPA will remain in effect until, and will automatically expire upon, deletion of all Customer Personal Data by OfferToro as described in this DPA or termination of the Agreement.

Roles and Scope of Processing

Role of the Parties - as between OfferToro and Customer, Customer is either the Data Controller of Customer Personal Data or in the case that Customer is acting on behalf of a third party Data Controller, then a Data Processor and OfferToro shall process Customer Personal Data only as a Data Processor acting on behalf of Customer.

Customer Processing of Personal Data - customer agrees that it will comply with its obligations under Data Protection Laws in respect of its processing of Personal Data, including any obligations specific to its role as a Data Controller and/or Data Processor (as applicable), and any processing instructions it issues to OfferToro; and it has provided notice and obtained (or will obtain) all consents and rights necessary under Data Protection Laws for OfferToro to process Personal Data and provide the OfferToro Service pursuant to the Agreement and this DPA.

If Customer is itself a Data Processor, Customer warrants to OfferToro that Customer’s instructions and actions with respect to that Customer Personal Data, including its appointment of OfferToro as another Data Processor, have been authorized by the relevant Data Controller to the extent required under applicable law.

Customer Instructions - OfferToro will process Customer Personal Data only for the purposes described in this DPA and only in accordance with Customer’s lawful instructions documented in this DPA, the Agreement, and via Customer’s use of the Service, and in order for OfferToro to fulfil its obligations to provide Service under the Agreement (“Customer Instructions”). The parties agree that this DPA and the Agreement set out the Customer’s complete and final instructions to OfferToro in relation to the processing of Customer Personal Data. Additional processing outside the scope of these Customer Instructions (if any) will require prior written agreement between Customer and OfferToro.

Details of Data Processing

  • Subject matter: The subject matter of the data processing under this DPA is the Customer Personal Data.
  • Purpose: The purpose of the data processing under this DPA is the provision of the OfferToro Service to the Customer and the performance of OfferToro’s obligations under the Agreement (including this DPA) or as otherwise agreed by the parties in mutually executed written form.
  • Duration: As between OfferToro and Customer, the duration of the data processing under this DPA is until the termination of the Agreement in accordance with its terms.
  • Nature of the processing: OfferToro provides the services, which may process Customer Personal Data upon the instruction of the Customer in accordance with the terms of this DPA, the Agreement, and Customer Instructions.

Access or Use - OfferToro will not access or use Customer Personal Data, except as necessary to maintain or provide the OfferToro and its obligations under the Agreement, this DPA, or as necessary to comply with the law or binding order of a governmental body.

Subprocessing

Authorized Sub-processors - Customer agrees that OfferToro may engage Sub-processors to provide advertising or other content. OfferToro will provide a list of the Sub-processors currently engaged by it on Customer’s written request.

Sub-processor Obligations - Offertoro will: enter into a written agreement with the Sub-processor imposing data protection terms that require the Sub-processor to protect the Customer Personal Data to the standard required by Data Protection Laws; and remain responsible for its compliance with the obligations of this DPA and for any acts or omissions of the Sub-processor that cause OfferToro to breach any of its obligations under this DPA

Security

Security Measures - OfferToro shall implement and maintain appropriate technical and organizational security measures to preserve the security and confidentiality of the Customer Personal Data processed by the Hosted Service.

Security Incident Response - upon confirming a Security Incident, OfferToro shall: notify Customer without undue delay, and in any event such notification shall, where feasible, occur no later than 72 hours from OfferToro confirming the Security Incident; provide timely information relating to the Security Incident as it becomes known or as is reasonably requested by Customer; and OfferToro shall promptly take reasonable steps to contain, investigate, and mitigate any Security Incident.

OfferToro’s notification of or response to a Security Incident will not be construed as an acknowledgment by OfferToro of any fault or liability with respect to the Security Incident.

Customer Responsibilities

Customer agrees that OfferToro has no obligation to protect Customer Personal Data that Customer elects to store or transfer outside of OfferToro’s systems (for example, offline or on-premise storage on Customer’s computers).

Return or Deletion of Customer Data

Deletion by Customer - OfferToro will cooperate with Customer to enable deletion of Customer Personal Data in accordance with the procedures set forth below.

Deletion on Termination - for 90 days following termination or expiration of the Agreement, Customer may retrieve any remaining Customer Personal Data in accordance with the Agreement. Thereafter, Customer hereby instructs OfferToro to automatically delete all remaining Customer Personal Data.

OfferToro shall not be required to delete Customer Personal Data to the extent OfferToro is required by applicable law or order of a governmental or regulatory body to retain some or all of the Customer Personal Data; and/or Customer Personal Data it has archived on back-up systems, which Customer Personal Data OfferToro shall securely isolate and protect from any further processing, except to the extent required by applicable law.

Cooperation

OfferToro provides Customer with a number of controls that Customer may use to retrieve, correct, or delete Customer Personal Data, which Customer may use to assist it in connection with its obligations under the GDPR, including its obligations relating to responding to requests from data subjects or applicable data protection authorities. To the extent that Customer is unable to access the relevant Customer Personal Data within the OfferToro using existing controls or otherwise, OfferToro shall offer consulting services to Customer at time and materials rates to reasonably assist Customer in responding to any requests from individuals or applicable data protection authorities relating to the processing of Customer Personal Data under the Agreement. In the event that any request from individuals or applicable data protection authorities is made directly to OfferToro, OfferToro shall not respond to such communication directly without Customer’s prior authorization, unless legally compelled to do so, and instead, after being notified by OfferToro, Customer shall respond. If OfferToro is required to respond to such a request, OfferToro will promptly notify Customer and provide it with a copy of the request unless legally prohibited from doing so.

Customer acknowledges that OfferToro is required under the GDPR to: collect and maintain records of certain information, including the name and contact details of each Data Processor and/or Data Controller on behalf of which OfferToro is acting and, where applicable, of such Data Processor’s or Data Controller’s local representative and data protection officer; and make such information available to the supervisory authorities. Accordingly, Customer will, where requested, provide such information to OfferToro.

Relationship with the Agreement

Precedence - the parties agree that DPA shall replace any existing DPA the parties may have previously entered into in connection with the OfferToro. Except for the changes made by this DPA, the Agreement remains unchanged and in full force and effect. If there is any conflict between this DPA and the Agreement, this DPA shall prevail to the extent of that conflict in connection with its subject matter.

The liability of each party and each party’s Affiliates under this DPA shall be subject to the exclusions and limitations of liability set out in the Agreement.

Applicable Law - this DPA will be governed by and construed in accordance with governing law and jurisdiction provisions in the Agreement unless required otherwise by applicable Data Protection Laws.

Termination - this DPA will continue for so long as OfferToro is hosting, storing and/or processing Customer Personal Data in connection with the Agreement.

Indemnification

The Publisher agrees to indemnify the Company and defend the Company at its own expense against all costs, claims, fines, group actions, damages and expenses incurred by the Company or for which the Company may become liable due to any failure by the Publisher or its employees, agents subcontractors or processors to comply with any of its obligations under this Addendum or any failure to comply with Data Protection Legislation. Nothing in this Agreement shall limit the Publisher’s liability under this Addendum.

Changes to these terms

OfferToro reserves the exclusive right to revise, delete and/or add terms to these Terms of Use from time to time and at its sole discretion without being required to provide any notification thereof.

You may contact OfferToro in connection with any question and/or clarification in connection with the provisions of these Terms of Use and/or any other issue related to the OfferWall and/or the Services at the following address: support@OfferToro.com.