CONDITIONS / SERVICE CONTRACT
From one party, Viwom Video Marketing S.L. (hereinafter VIEWED), with NIF: B26510826 and registered office in Teruel Street No. 1, 1st floor offices C and D, 26006 – of Logrono, La Rioja (Spain), Unipersonal Limited Liability Company constituted Logrono before the notary Mr. Victor Manuel de Luna Cubero, registered in the Mercantile Registry of Logrono, in Volume 768, Book 0, Folio 219, Section 8, Page LO 15697.
On the other hand, the individual or legal entity that completes the registration form (hereinafter, the Client) that appears in www.viewed.video, or registers after previous contact with VIEWED and with which a commercial activity is established.
1. That VIEWED develops, programs and provides innovative video marketing technologies, whose differential value is the possibility of including a video in the body of the email for advertising purposes, which can be automatically personalized for each client, and with the means precise for this, as well as with all the permits and administrative authorizations necessary to carry out the activity.
2. That the CLIENT is interested in contracting VIEWED services and technology in accordance with the general conditions established by VIEWED.
3. That, the parties recognize each other’s legal capacity and to act, and the legitimacy enough in Law to formalize this contract accepting the terms and conditions established in the following
1. – PURPOSE
The purpose of this contract is to regulate the terms and conditions in which the client accesses the VIEWED service, as well as to determine the form of remuneration of the client to VIEWED.
2. – SERVICE CHARACTERISTICS.
2.1 The provision of these General Conditions shall apply to the services included in the ANNEX I attached to this contract. The resources included in each of the services are included in said annex.
2.2 VIEWED has the technology of servers and hosting of videos and images necessary to manage VIEWED campaigns sent to databases of unlimited size, as well as of the appropriate security measures for the protection of information. Likewise, VIEWED has the unlimited, auto-scalable infrastructure of servers that allows unlimited personalized videos to be created in real time, as well as supporting a high degree of user concurrence by viewing the videos inserted in the campaigns, and from different international locations. The client is informed that the videos, and all the multimedia content generated by VIEWED for the operation of the campaigns will be hosted during the realization of the campaign and afterwards in a domain owned by VIEWED from where each device and recipient will be served. The video can be deleted by the client at any time from its client area, and in these cases the campaigns associated with the video will be eliminated. In the event that the client doesn’t renew the service, the videos, animated GIFs and posters of the videos of the VIEWED campaigns hosted on a domain owned by VIEWED, during the contraction of the Professional Plan, will be deleted 30 days after the last renewal.
In the case of campaigns with personalized videos for each recipient, the videos will be automatically deleted 30 days after their creation, and will be replaced by a generic video contributed by the brand and necessary to create and configure the campaign on the VIEWED platform. If the user deletes the generic video associated with a personalized video campaign, that campaign and all the personalized videos associated with it will be deleted.
2.3 For a service provision it is required that the client, professional and user have access to the internet.
2.4 For the correct operation of the VIEWED technology it is necessary to take into account and comply with the following indications: o The production of the video and the design of the campaign will be the exclusive responsibility of the client who will do it according to its marketing objectives and with the means it deems appropriate, unless otherwise agreed with the client in each case.
The production of each of the personalized videos, if any, will be done automatically by the VIEWED technology, but always starting from a video pattern or video base model that will be delivered by the client and validated by it.The client or whoever is in charge of said campaign must have basic knowledge of HTML language.
The client can create their own video campaigns for email marketing using the VIEWED platform and following some steps and detailed tutorials on the own platform. According to the contracted plan, the client will have included the campaign creation service that will be carried out by VIEWED.
The client is free to incorporate in their design as many links to external pages, “call to action” buttons or calls to action and others as it deems appropriate. Once the creation process of the VIEWED campaign is finished, the client undertakes not to modify the code of the resulting Html file downloaded to launch its campaign. Otherwise, if the user modifies said file, VIEWED is not responsible for any errors or incompatibilities that may occur in the provision of the service. VIEWED is not an email marketing platform, therefore, for sending the resulting HTML, obtained from the VIEWED platform, to a list of emails with the recipients of said campaign, it is necessary to contract the services of an ESP (Email Service Provider or email service provider). This mailing list will always be the property of the client and VIEWED will not have any responsibility on it for any purpose, since the shipments will be made by the user using an ESP outside VIEWED. In those cases where the client requests VIEWED the referral of the service to the list of contacts delivered by it and with the conditions agreed upon, VIEWED will be considered as responsible for treatment and will observe the measures established for this purpose in the clause “Policy data Protection of Personal Character”.
Once the campaign creation process has been completed, the client will be able to download the resulting HTML, except in the case of personalized video campaigns that will be delivered directly by VIEWED or integrated into their email sending system, CRM or automated marketing platform used by the client. The sending of this HTML doesn’t imply an additional data traffic for the client, since the images and/or the videos are not sent, but they are loaded from the VIEWED servers and directly on the user’s device at the moment of open their mail.
2.5 Format of the videos: The original format of the videos will be, preferably in MP4 and in the best available quality, preferably in FULLHD 1080, as long as the duration and/or capacity specified in each moment in the web are not exceeded of VIEWED in each of the plans. If try to create a campaign with a video that exceeds in seconds or in Mbyes any of these established limits, the platform will show an error message. VIEWED will automatically make video conversions to all formats and qualities necessary to serve the video to any recipient based on the device, operating system, browser and/or email client used.
2.6 The services of VIEWED allow obtaining measurements and statistics of the campaigns related to the video reproductions by campaign, by date, by geolocation, by device, by operating system and others.
2.7 The client will have access, through their user name and password, to a tool called “client area” where the client can manage and administer VIEWED campaigns, contract services or expand resources, access generated invoices, or check the statistics of their campaigns. The client is solely responsible for the use and conservation of the user and password of the client area. This data allows VIEWED to verify the authentication of the client’s access and to provide permission for the actions requested from the client area.
The use of these identifiers and communication, even to third parties, takes place under the sole responsibility of the client.
2.8 Each time the system requests a petition to download a video or gif file to the VIEWED servers, it is counted as a video reproduction, whether it is played embedded in the email or on a landing page or destination page of the video generated by VIEWED or by the client. A video playback is not counted when a static image is displayed with the video poster.
2.9 The client can voluntarily disable a campaign from its client area. If a campaign is disabled, the videos stop showing. Instead, an alternative image that the client chooses when creating the campaign will be displayed.
2.10 The services can incorporate a specific number of campaigns with responsive video or include unlimited responsive campaigns, as specified in the plan or service contracted and detailed in the Annex II. If the campaign is responsive, some formats and video sizes are generated in addition to those created in a normal campaign.
2.11 Payment plans may have a limited number of video reproductions per month, per contract, for the volume of the client’s database, or for other parameters defined in the contracted plan in each case. When the balance of video reproductions of their chosen payment plan has been consumed by 80%, the system will send an email to the client informing him of that fact and recommending the hiring of a pack with video extra reproductions to continue showing the videos in their campaigns. The same happens when 90% of video impressions have been consumed and upon reaching 100% the client will receive another email informing them that their has consumed all the video reproductions contracted.
2.12 The services hired by the CLIENT, technical characteristics, duration of the service and resources included, as well as the price to be paid for the same are referenced in Annex I.
2.13 VIEWED informs that it can carry out modifications in the services and their associated resources, said modifications will be governed by the provisions of the clause relative to this topic (MODIFICATION). In any case, any change that affects the services and the provisions of these conditions will be notified, with the publication of said changes on the VIEWED website.
2.14. VIEWED offers free trial plans for limited time and resources, leaving the user subject to the provisions of this contract, except for the price and form of payment. In these cases, VIEWED reserves the right to include a watermark in the videos of these clients campaigns.
3. – ENTRY INTO FORCE AND DURATION
3.1 This contract comes into force on the same day of acceptance by the customer, after reading and understanding it. On the same day VIEWED will provide access to the professional functions in the CLIENT area.
3.2 The contract has a duration of 1 year, unless otherwise agreed. It shall be understood as automatically renewed, if neither party notifies the other of the non-renewal with 1 month prior to the annual expiration date, and it shall be extended for successive years as long as the CUSTOMER makes the corresponding payments and does not state otherwise. In the event that another duration is agreed upon, the renewal is also automatic for the same agreed period if no contrary manifestation is made before the expiration date.
3.3 The services are active as long as the user does not cancel them with sufficient notice as indicated in this clause, in the case of free services “The demos” will continue to be available to the customer until the customer does not cancel his account.
3.4 If the customer cancels the contract, the cancellation will take place at the end of the paid period.
3.5. To be able to carry out campaigns it is necessary to have a balance of positive video visualizations, or to have contracted a plan that includes unlimited monthly video visualizations.
4. – PRICE AND FORM OF PAYMENT
4.1 The price of the services is included in Annex I of this contract; the corresponding taxes shall be applied to the prices indicated.
4.2 In any case the client, who appears as such in the file, is responsible for the payment of invoices even when a third party intervenes on behalf of the client, so the responsibility for providing the authentication data to a third party is solely and exclusively of the client.
4.3 Payment method: Payment periodicity is monthly. The payment of the purchased services shall be made through any of the payment methods offered by VIEWED and which shall be agreed upon for each CLIENT.
4.4 In the event that the client wishes to make any query or request related to the billing and payment method of the service, it can be done at email@example.com
4.5 The amount of the prices included in the annex attached to these conditions may be subject to revision and change by VIEWED. However, the services already paid and not yet consumed will not be affected by the new price, but will affect the following contracts.
4.6 VIEWED generates the invoices digitally and makes them available to the client through their client area. The client, with the acceptance of these Conditions expressly consents to this billing process. If the client requests the invoice submission on paper VIEWED, the client will be charged an amount of € 2 for the expenses originated by said request.
4.7 VIEWED does not save any bank information, this means that the economic management of the service, payment and/or renewal is done through the bank, so it is necessary for the client to cancel the chosen Plan with sufficient time in advance if he/she does not wish to renew the service. Failure to do so will result in the automatic renewal of the service without the possibility of a refund.The customer is not entitled to any refund for the voluntary and early termination of the contracted plan, except in those cases where current legislation so provides.
5. – OBLIGATIONS AND RESPONSIBILITIES OF THE PARTIES
5.1 The client and VIEWED undertake to comply with all the terms of this contract that apply to them, and must act loyally and in good faith.
5.2 VIEWED undertakes to offer, with all means at its disposal, the services optimally, endeavoring to ensure that they are provided in the safest way possible, except for incidents that may occur outside the control of VIEWED. In this sense, VIEWED reserves the right to interrupt the service contracted in terms of technical repairs and maintenance of the equipment, as well as to improve the services themselves, notifying the client in advance, whenever possible.
5.3 VIEWED can not guarantee that the availability of the contracted services will be continuous and uninterrupted, due to the possibility of problems in the Internet network, breakdowns in the server equipment and other possible unpredictable contingencies unrelated to VIEWED. Therefore, the client expressly waives to claim any liability, contractual or extra-contractual, damages to VIEWED for possible failures, slowness or errors in accessing and using the contracted service, without prejudice to the provisions of current legislation.
5.4 Part of the contracted service is provided using shared hosting resources, by sharing the same machine with services of several WIEWED clients, there may be technical problems attributable to third parties and of which VIEWED is not responsible.
5.5 In no case, VIEWED accepts responsibilities arising from loss of data, interruption of business or any other damages caused by the normal operation of the products, for not meeting these expectations of the client.
5.6 VIEWED will not be held responsible for:
The content of the videos or the information transmitted to the recipients through the services of VIEWED.
Of the errors produced by the access providers.
Virus contamination in their equipment, whose protection is the responsibility of the client.
The intrusions of third parties in the services contracted by the client, even if VIEWED has established reasonable protection measures.
Defective configuration by the client.
The infringement of intellectual or industrial property rights, or any other rights or legitimate interests that may arise from the use of the service contracted by the client.
Of that which is exclusively attributable to the client.
5.7 The contracted service requires minimum conditions of use, for which the use contrary to good faith is prohibited and, in particular, in a non-exhaustive way, the client can not perform:
The use that is contrary to current regulations or that infringes the rights of third parties.
The publication or transmission of any illegal, violent, abusive, xenophobic or defamatory content.
The cracks, serial numbers of programs or any other content that violates the intellectual property rights of third parties.
The collection and/or use of personal data of other users without their express consent or in contravention of the provisions of current regulations regarding the Data Protection of Personal Character.
The use of the mail server and/or email addresses for illicit purposes (spam, mail bombing, phishing, escrowfraud, scam 419, pharming, virus spreading, or any other type of activity carried out with sabotage, fraudulent purpose or criminal).
5.8 If VIEWED detects that a client, without its authorization, modifies the established campaign creation process or the code generated by it, causing the videos or any other element to be served by a third party outside the VIEWED servers, it will immediately block access to their client area as well as the active campaigns that the client had at that moment, will cancel the client without refunding amounts not consumed and reserves the right to claim any damages that may have been caused, as well as exercise the legal actions that may correspond.
5.9 VIEWED reserves the right to audit the process of use of the service by the client to avoid adulteration of the technology used that may harm to VIEWED. This audit will be carried out by personnel authorized by VIEWED and the client can not refuse to collaborate.
5.10 The access and use of the contracted services is the exclusive responsibility of the client. Likewise, the client has full responsibility for the content used in the contracted services, the transmitted and stored information, the hypertext links, the claims of third parties and the legal actions that could be triggered in relation to intellectual property, rights of the personality, privacy and protection of minors. The client is responsible for the laws and regulations in force, and the rules that have to do with the operation of the contracted service, electronic commerce, copyright, maintenance of public order, as well as universal principles of Internet use. VIEWED is not responsible in any way, directly or indirectly, for any direct or indirect damage that the client may cause to third parties.
5.11 By contracting the services offered by VIEWED, the client commits to:
Maintain operational, active and updated the e-mail address provided in the contract form for communications with VIEWED, as it constitutes the preferred means of communication of VIEWED with the client. The client can change the contact e-mail address through the Client Area in an authenticated manner. VIEWED is exempt from any liability that the lack of operability of the client’s e-mail address or failure to communicate the change of address could produce, as well as the misinformation alleged by the client due to their own negligence in maintaining updated this information.
Cancel the plan if you do not wish to renew the service with sufficient notice as indicated in the payment clause. Otherwise, the service is automatically renewed, continues to be active and, therefore, does not entitle you to any refund.
Conserve and diligently use the user and password to access the Client Area, as these are the means that allow VIEWED to verify that the accesses are carried out in an authenticated manner by the client or by any of the users authorized by him. The client will be exclusively responsible for the use of said identifiers and their communication, including to third parties, as well as the actions and requests that the authorized users, to whom they have granted the necessary permits, have made.
6. – FORCE MAJEURE
Neither of the parties will be responsible for the breach of the obligations derived from this contract and, therefore, there will be no right to compensation, when such breach is due to Force Majeure causes, in accordance with the provisions of current legislation. If the suspension for this circumstance is greater than two months, the contract may be canceled at the request of either parties.
7. – TERMINATION
7.1 The contract ends when, in addition to the legally established causes and those provided in the different clauses of this contract, one of the following occurs:
a. Mutual Agreement between the parties.
b. For non-renewal of services in accordance with the provisions of this contract. If it request the withdrawal before the end of the contract, the client must pay the outstanding fees.
c. Resolution for breach of any parties of the obligations arising from this contract.
7.2 If the breach of the client is cause for termination of the contract, as established in clause 8.1 .c, VIEWED reserves the right to terminate the contractual relationship in advance and, therefore, to dispossess the client of the service hired without prior notice and without the client having the right to compensation or refund of any amount.
7.3 In case of resolution or rescission of the contract, for the reasons mentioned above or any other admitted in law, the client must comply with the obligations assumed prior to the resolution of these conditions front to VIEWED and front to third parties.
8. – INTELLECTUAL AND INDUSTRIAL PROPERTY
8.1 VIEWED services work thanks to a polymorphic computer code developed by VIEWED, registered in its name and all exploitation rights belong to it, so it is totally forbidden to copy, reproduce, transfer to third parties, dissemination or use other than the sending of the campaign for which it has been made, without which any of the exploitation rights recognized by the current regulations on intellectual property may be assigned to the client, except for those that are strictly necessary for the use of video marketing and for the correct and adequate execution of the services that are the object of this contract. VIEWED agrees that it will not incorporate in the development and execution of the Services object of this agreement, any process, knowledge, information, work or technology that implies the use of some confidential information or industrial secret, industrial design, industrial and intellectual property owned by third parties, and for whose use the proper license or authorization has not been obtained, and which may be a violation of industrial and intellectual property rights. The trademarks, trade names or distinctive signs of VIEWED are owned by Viwom Video Marketing S.L., without it being understood that the provision of the service attributes any right over the said trademarks, trade names and/or distinctive signs.
8.2 The client authorizes VIEWED to use its trademark or logo in the commercial actions of sale of VIEWED services and, especially, in the VIEWED website. Likewise, the campaigns carried out by the client using the VIEWED technology that has already been launched can be shown as examples or use cases. The client can revoke this authorization at any time by writing to VIEWED in the contact information contained in this contract. In these cases, VIEWED undertakes to not use said elements as of the moment of the revocation, but will not destroy the material prepared previously.
9. – CONFIDENTIALITY
9.1. All information or documentation that any of the parties contribute to the other in the development and execution of this contract will be considered confidential and exclusive of the person who provides it and will not be able to communicate to third parties without their consent.
9.2 The parties exclude from the category of confidential information all information that is disclosed to third parties by the titular party, that which becomes public, that which is to be disclosed in accordance with the laws or with a judicial resolution or imperative act of competent authority and that which is obtained by a third party that is not under any obligation of confidentiality.
9.3 This obligation of confidentiality persists until two (2) years after the end of this contract.
9.4 Neither parties will acquire any right over any information confidentiality or other property rights of the other part.
10. – POLICY DATA PROTECTION OF PERSONAL CHARACTER
10.1. Responsible for the treatment
10.2. Purpose of treatment
The personal data of the client collected and processed by VIEWED, through this contract will be adequate, pertinent and limited to those necessary in relation to the purposes for which they are treated, in this case the purposes are:
• establish and maintain the contractual relationship, in accordance with the nature and characteristics of the service contracted and for the maintenance of historical data, as well as for the performance of statistical tasks.
• attend a specific request, as a response to inquiries, sending documentation and information related to services and, in any case, commercial and/or advertising communications.
In all cases, the personal data will be maintained in a way that allows the identification of the interested parties only for the time necessary for the purposes of the treatment.
10.3. Legitimacy of treatment
The legal basis for the legitimation of data processing by VIEWED is the contract concluded for the provision of the services.
The interested party will respond, in any case, of the veracity of the data provided, reserving VIEWED the right to exclude all false or illicit data, without prejudice to the other actions that proceed in Law.
10.4. Cessions or Transfersbr
VIEWED only give personal data to third parties to meet its contractual or legal obligations of the service, with suppliers or public or private organizations. The owner consents in these cases said cessions and exercising their rights can be informed about them.
10.5. Users’ Rights
The user can at any time exercise the rights recognized on their personal data, as well as the revocation of the consent for the above-mentioned uses, by means of written communication with the request or right exercised addressed to VIEWED at the address given in this contract as a VIEWED address or via e-mail firstname.lastname@example.org, including in both cases a photocopy of it ID or other identity document similar to the identity.
If their consider that the processing of their personal data violates the regulations, they can submit a claim to the responsibles of VIEWED or to the Spanish Agency for Data Protection, through your postal address: C/ Jorge Juan, 6, C.P. 28001, Madrid (Spain).
10.6. Security measures
The personal information provided or collected from users is structured in files; VIEWED carries out a register of treatment activities in accordance with current regulations. In addition, for data processing VIEWED establishes the appropriate technical and organizational measures that guarantee the confidentiality, integrity, availability, resilience of the data and that are necessary to guarantee its adequate security.
10.7. VIEWED as processor in charge
VIEWED at the request of the client may have access to personal data whose responsibility and ownership belongs to the client; in these cases, VIEWED acts as the processor in charge and in accordance with the provisions of current legislation, the corresponding regulation is established in the Annex III of this contract.
11. – CESSION
The client can not assign to third parties, rights and obligations arising from this contract without the prior written consent of VIEWED. For their part, VIEWED may assign their rights, obligations or their contractual position to any company.
12. – MODIFICATION
VIEWED reserves the right to modify, in any way, the characteristics and conditions of its services, always in development and benefit thereof. To do so, it must not fulfill more formality than informing the client with an online notice and/or taking this modification to the VIEWED platform, or to the clauses of this contract and/or sending it by email.
Without prejudice the provisions of the previous section, VIEWED will communicate these modifications in writing in the shortest time possible for its adaptation by the client.
Although they will not affect the pack contracted and not consumed.
13. – LIMITATION OF WARRANTY AND LIABILITY
13.1 In no case VIEWED, nor the managers and senior managers, administrators, shareholders, agents or workers dependent on it will be held responsible for any cause directly or indirectly related to the use made by the client of the contracted product.
13.2 The parties acknowledge that the entry into force of this contract does not imply any representation, delegation, guarantee or other agreements other than those expressly described therein.
14. – NULLITY
If any clause of this contract is declared null or without effect, in whole or in part, by any court or competent authority, the remaining clauses will remain valid, unless the parties discretionally decide the termination of the contractual relationship.
15. – APPLICABLE LEGISLATION AND COMPETENT COURTS
15.1 In matters not provided for in the Contractual Conditions, as well as in the interpretation and resolution of conflicts that may arise between the parties as a consequence thereof, Spanish legislation shall be applicable.
15.2 Should any conflict or difference arise between the parties in the interpretation and execution of the applicable Contractual Conditions, and not be resolved by mutual agreement, the parties shall submit to the Courts and Tribunals of Logrono, when the procedural rules permit, the client expressly renouncing their own jurisdiction.
ANNEX I.- TYPES OF SERVICES, PRICES AND RESOURCES INCLUDED
DESCRIPTION OF THE TECHNOLOGY THAT SUPPORTS THE SERVICES
VIEWED services consist of the use of a technology that allows the inclusion of a video, which can also be personalized for each user, in the body of the recipient’s email, by means of a polymorphic code that detects the conditions in which it must be delivered each video based on the technology used by each recipient. The personalized videos can also be played on Display or Social Network campaigns if the client connects them properly to their AdServer and/or their DSP (Demand Side Platform) within a programmatic marketing system. The URLs of these videos can also be shared in text messaging campaigns using SMS technologies. For correct integration with third-parties systems VIEWED has two APIs. One of them allows the integration of video technology in email and the other automates the creation of each of the personalized videos, in an anonymous way, with the data provided by the client.
VIEWED technology allows to add a video inside the body of an email, either for email marketing campaigns or for remarketing, whose main objective is to get the videos of the clients to reach directly the recipients chosen by it, through media electronics. When a VIEWED campaign is done by email to a database of end users (B2C campaign), approximately 55% of users will see the video with audio directly in their email, about 30% will see a video without sound through playing a sequence of frames (animated file) and clicking on it will be able to see the video with sound on a landing page automatically created by VIEWED, and approximately the remaining 15% will see a static image with the “play” icon and when it click, it will see the campaign and the video with sound in their web browser. These percentages may vary depending on the updates of operating systems, mail clients and/or devices.
VIEWED detects the user’s technology and shows the video in the best possible conditions. In some cases and depending on the user’s mail client and device, videos can be played automatically when the message is opened. In these cases, it is possible to configure if it is played by “autoplay” or not. In the case of activating the autoplay, automatic playback will only be possible if the system is compatible. If the autoplay is not activated, the user must click on the video to start playback. This feature is configurable by the client during the process of creating a campaign.
Also during the process of creating the campaign can be choose if the video is shown with audio or without audio using the “mute” button, as well as if the video is played in a loop or not, activating or not the “loop” button.
VIEWED SERVICES OFFERED
1. SERVICES, CHARACTERISTICS AND PRICES
Services, features and prices are described according to the plan in the following section of the VIEWED website https://www.viewed.video/video-email-pricing/
2. CHANGE TO A HIGHER OR LOWER PLAN
The client may request VIEWED to change to a superior plan at any time during the term of the contract. This change will not modify the duration of the contract. The client may request the change to a lower plan once at least 3 months have passed since the signing of the contract or since the last change of plan.
The request to change the plan must be sent to email@example.com. Once VIEWED verifies that the conditions to make the change of plan effective are fulfilled, it will be carried out within the following 48 hours upon verification by VIEWED of the necessary conditions.
In the event of a change of plan, VIEWED will issue an invoice with the amount of the new plan at the time of the change; in the case of being a change to a lower plan, it will also issue a credit invoice for the amount not consumed from the previous plan, whenever applicable.
3. TRIAL PERIOD
VIEWED may agree with the client a trial period of up to a maximum of THREE (3) months. During the trial period, the same resources and characteristics will be included as in the rest of the contract period, according to the contracted plan. During the trial period, a discount on the monthly plan fee may be offered. After the trial period, the client may choose to unsubscribe without any penalty, or continue with the contract.
4. FREE ACCESS
Additionally, free access to the VIEWED platform may be offered, but with limitations on access time, the number of monthly video reproductions, campaigns, videos, or any of the features included in the plans. During the free access period, VIEWED will be able to insert a watermark in the videos of the clients. The resources included and the limitations of free access will be detailed at all times on the VIEWED website at https://www.viewed.video.
5. PERSONALIZED VIDEO SERVICE (ONLY INCLUDED IN THE ENTERPRISE PLAN)
VIEWED offers an advanced personalized video service for each user, in real time, based on data provided by the CLIENT. The data can be on the CLIENT’S website, in their CRM (Customer Relationship Management), or in any other data container that VIEWED can access. If the client uses the API of VIEWED, an integration with its data container is not necessary, but the client will make a call to the VIEWED API with the data to be personalized. In this case, once the personalized video has been created by VIEWED, it will return a call to the client to warn it that this video has already been produced.
The personalized videos can be embedded in an HTML template for email marketing campaigns, Push notifications or even SMS messages.
To create the personalized videos and, where appropriate, distribute them, the following tasks are necessary:
Integration with the CLIENTS system: is the set of actions or computer developments focused on obtaining the variable data that each personalized video per user must incorporate, for example, name, destination, date, size, price, currency, etc. This integration also involves creating or agreeing a system with the CLIENT that triggers the creation of each video, for example, when a user leaves the shopping cart, or when a billing level is reached, or when a certain destination is searched, etc. Each video is associated with a user identifier, a cookie or an email account according to the service contracted and agreed with the CLIENT.
Development of the video pattern: the video pattern is the base video template that will serve as the pattern for the generation of each of the personalized videos for each user. The style, format, fields to be personalized and materials from which will be split for the creation of the video pattern will be agreed and validated with the CLIENT. All the graphic material, photographs or videos, as well as the texts, typographies and music for the creation of this video pattern and the following personalized videos will be provided by the CLIENT, unless otherwise agreed. The video pattern can incorporate a voiceover with a fixed part and a variable part depending on parameters defined with the CLIENT.
Creation and/or configuration of HTML templates that integrate the personalized video: if the destination of the personalized video is an email marketing or remarketing campaign by email, it must be embedded in an email template or set the HTML template of the client. For this purpose, the video base technology in email of VIEWED is used, but with a variable in the video route that will call the video previously created for each user in each case.
Creation of personalized videos at scale: The personalized videos are created from this video base pattern and the data of each user. VIEWED has no technical limitations to create even million of personalized videos. These videos can be embedded in HTML templates for email, for example, for remarketing actions, Push notifications or automated SMS message campaigns. The videos will be able to adapt the texts and locution automatically to the language required by the client, for example, according to the language in which the user visited the web page of the CLIENT or the language assigned to each user in his CRM. The languages available for automated locution are shown in ANNEX III. In case of not having the specified language the locution will be created in the English language. The videos created, or the HTML templates with the embedded videos will be made available to the CLIENT on a server, who will be responsible for sending and/or distributing them through their own channels.
In the event that the price system agreed with the client involves the payment of any variable part depending on clicks (CPC model), completed forms (CPL model), or, value on acquisitions (CPA model), the corresponding measurements they will be agreed by the parties to the contract.
The prices of the ENTERPRISE Plan are not standard because they are adapted to the needs of each CLIENT.
ANNEX II.- DATA PROTECTION
VIEWED acting as PROCESSOR
VIEWED at the request of the client may have access to personal data whose responsibility and ownership belongs to the client; in these cases, VIEWED would act as the processor and, in accordance with the provisions of current regulations, it is established that:
1. Identification of the affected information and duration of the treatment
The client, RESPONSIBLE FOR THE TREATMENT, can make available to the TREATMENT MANAGER or VIEWED, the information described below:
• email address of their customers.
2. Obligations of the treatment manager
The person in charge of the treatment, and all its personnel is obliged to:
a) Use the personal data object of the treatment, or those that it collects for its inclusion, only for the purpose object of that order. Under no circumstances may data be used for personal benefit.
b) Treat the data, according to the instructions of the responsible for the treatment. If the controller considers any of the instructions to be in breach of the GDPR or any other data protection provision of the Union or of the Member States, the person in charge shall immediately inform to the responsible.
c) Keep a written record of all categories of processing activities carried out on behalf of the person responsible for processing, containing:
a. The name and contact information of the person in charge or those in charge and of each person responsible for which the person in charge acts and, where appropriate, the representative of the person in charge and the data protection officer.
b. The processing categories carried out by each responsible.
c. Where applicable, the transfer of personal data to a third country or international organization and, where appropriate, the transfers indicated in article 49, second paragraph of the GDPR, the documentation of adequate guarantees.
d. A general description of the technical and organizational safety measures adopted.
d) Not sharing data to third parties, unless it has the express authorisation from the data controller in legally accepted cases.The person in charge can communicate data to another person in charge of treatment of the same responsible, according to the instructions of the responsible. In this a case, the responsible will identify, in advance and in writingof the entity to which the data must be communicated, the data to communicate and the security measures to be applied to proceed with the communication.
If the person in charge must transfer personal data to a third country or to an international organization, by virtue of the law of the Union or of the Member States that is applicable to him, he will inform the person responsible for that legal requirement in advance, unless the Law prohibits it for important reasons of public interest.
e) The person in charge is not authorized to subcontract any of the services that are part of the object of this contract and that involve the processing of personal data, except for the auxiliary services necessary for the normal functioning of the services of the person in charge.If it is necessary to subcontract any treatment other than the aforementioned, this fact must be previously communicated in writing to the person in charge, 30 days in advance, indicating the treatments that are intended to subcontract and clearly and unequivocally identifying the subcontractor company and its data contact. The subcontracting may be carried out if the controller does not make any objection known within the established time frame.
The subcontractor, who will also have the status of person in charge of the treatment, is also obliged to comply with the obligations established in this document for the person in charge of the treatment and the instructions dictated by the person in charge. It is the responsibility of the initial person in charge to regulate the new relationship, so that the new person in charge is subject to the same conditions (instructions, obligations, security measures, etc.) and with the same formal requirements as he, in relation to the proper treatment of the personal data and the guarantee of the rights of the people affected.
In the case of non-compliance by the sub-manager, the initial person in charge will continue to be fully responsible to the person responsible for compliance with the obligations.
f) Maintain the duty of secrecy with respect to personal data to which their have had access under this order, even after the end of its purpose.
g) Guarantee that the persons authorized to process personal data expressly and in writing commit themselves to respect confidentiality and to comply with the corresponding security measures, of which they must be informed accordingly.
h) Keep at the disposal of the responsible the documentation accrediting the fulfillment of the obligation established in the previous section.
i) Guarantee the necessary training in terms of protection of personal data of the persons authorized to process personal data.
j) Assist to the responsible for treatment in the response to the exercise of user rights:
a. Access, rectification, deletion and opposition.
b. Limitation of treatment.
c. Portability of the data.
d. To do not be object of automated individualized decisions (including the profiling elaboration).
In these cases, the person in charge of the treatment will communicate by email to the responsible immediately and in no case beyond the working day following the reception of the request, together, where appropriate, with other information that may be relevant to resolve the request.
It is up to the person responsible to provide the right to information at the time of collecting the data. That is, the client or professional who communicates the personal data of a third party to VIEWED must adequately inform and respond to it of this obligation established in the GDPR.
k) Notification of data security breaches: The one in charge of the treatment will notify the person responsible for the processing, without undue delay, of the security breaches of the personal data of which they are aware, together with all the information relevant to them, the documentation and communication of the incident. This communication will be made by sending an email to the person in charge.
Notification shall not be necessary when it is unlikely that such a security breach entails a risk to the rights and freedoms of natural persons. If it is available, at least the following information will be provided:
1. A description of nature of the personal data security breach, including, whenever possible, the categories and the approximate number of data subjects, and the categories and the approximate number of personal information records affected.
2. The name and contact details of the data protection delegate or other contact point where more information can be obtained.
3. A description of the possible consequences of the personal data security breach.
4. A description of the measures adopted or proposed to remedy the personal data security breach, including, if applicable, the measures adopted to mitigate possible negative effects.
Corresponds to the person in charge of the treatment communicate in the shortest possible time the data security breaches to the interested parties, when it is probable that the violation supposes a high risk for the rights and the liberties of the physical persons. The communication must be carried out in clear and simple language and must, at least:
1. Explain the nature of the data breach.
2. Indicate the name and contact information of the data protection officer or any other contact who can provide more information.
3. A description of the possible consequences of the personal data security breach.
4. Describe the measures adopted or proposed to remedy the personal data security breach, including, if applicable, the measures adopted to mitigate the possible negative effects.
l) Give support to the person responsible for the treatment in carrying out impact evaluations relating to data protection, where appropriate.
m) Give support to the person responsible in carrying out prior consultations with the supervisory authority, when appropriate.
n) Make available to the responsible all the information necessary to demonstrate compliance with their obligations, as well as for the performance of audits or inspections carried out by the person in charge or by another auditor authorized by him.
o) Implement security measures or mechanisms to:
1. Ensure the ongoing confidentiality, integrity, availability and resilience of treatment systems and services.
2. Restore the availability and access to personal data in a timely manner in the event of a physical or technical incident.
3. Regularly test, assess and evaluate the effectiveness of technical and organisational measures for ensuring the security of the processing.
4. Pseudonymize and encrypt personal data, if applicable.
p) Return to the person responsible for the processing the personal data and, if applicable, the media where they appear, once the service has been completed. The return shall involve the total erasure of the existing data in the computer equipment used by the processor. However, the processor may keep a copy, with the data duly encrypted, for as long as there may be liabilities for the execution of the service.
3. Obligations of the person responsible for the treatment It
corresponds to the person responsible for the treatment:
a. Provide the processor with the necessary data so that it can provide the service.
b. Ensure, prior and throughout the treatment, compliance with the GDPR and this contract by the person in charge.
c. Supervise the data processing.
ANNEX III.- AVAILABLE LANGUAGES FOR AUTOMATED LOCUTION
|Chinese, Mandarin (cmn-CN)
|English, Australian (en-AU)
|English, British (en-GB)
|English, Indian (en-IN)
||Aditi (bilingual with Hindi)
|English, US (en-US)
|English, Welsh (en-GB-WLS)
|French, Canadian (fr-CA)
||Aditi (bilingual with Indian English)
|Portuguese, Brazilian (pt-BR)
|Portuguese, European (pt-PT)
|Spanish, European (es-ES)
|Spanish, Mexican (es-MX)
|Spanish, US (es-US)