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DataVertex Activation Addendum 

​This Activation Addendum (“Addendum”) is entered into by and between DataVertex (“Provider”) and Customer and is incorporated into and made part of the Service Agreement(“Agreement”) and Data Processing Addendum (“DPA”). In the event of a conflict, this Addendum shall control solely with respect to Activation Data.

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This Addendum applies only where Activation Data Services are purchased pursuant to an applicable Order Form.

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1. Definitions

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1.1 Activation Data

“Activation Data” means a limited subset of the Data consisting solely of pseudonymized identifiers, including but not limited to hashed personal email addresses, provided exclusively for programmatic marketing activation.

Activation Data does not include names, raw email addresses, phone numbers, postal addresses, resumes, or other directly identifiable information.

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1.2 Activation Purpose

“Activation Purpose” means the use of Activation Data solely to enable Customer’s programmatic recruitment marketing campaign(s) through advertising, DSP, social, CTV, or identity onboarding platforms.

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Activation Data may not be used for:

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  • Direct outreach or contact

  • Data enrichment

  • Analytics unrelated to the campaign

  • Model training

  • Lookalike modeling

  • Promoting products and/or services for commercial purposes
     

1.3 Approved Onboarding Vendor

“Approved Onboarding Vendor” means a third-party service provider engaged by Customer solely to onboard Activation Data into advertising or identity resolution platforms for the Activation Purpose, and only where such vendor is contractually bound by data protection, confidentiality, and use restrictions no less protective than those set forth herein.

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1.4 Activation Term

“Activation Term” means a single, non-renewable period of ninety (90) consecutive days, commencing on the date Activation Data is first made available to Customer or an Approved Onboarding Vendor.

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2. Limited License and Scope of Use

2.1 Grant of Limited License

Provider grants Customer a non-exclusive, non-transferable, non-sublicensable, revocable license to use Activation Data solely for the Activation Purpose and solely during the Activation Term.

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2.2 Single Campaign Limitation

Activation Data may be used only for one (1) programmatic marketing campaign unless otherwise stated on the Order Form.

Reuse of Activation Data for any additional campaign requires a new Order Form and written authorization from the Provider.

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3. Restrictions on Use

Customer shall not, and shall not permit any third party to:

  • Attempt to re-identify, reverse-hash, or otherwise derive personal information

  • Combine Activation Data with other datasets to create persistent profiles

  • Retain Activation Data beyond the Activation Term

  • Share Activation Data with any party other than an Approved Onboarding Vendor

  • Create derivative datasets from Activation Data

  • Use Activation Data for purposes other than stated on the Order Form

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4. Third-Party Sharing (Limited Exception)

Notwithstanding any restriction in the Agreement, Customer may disclose Activation Data only to an Approved Onboarding Vendor, provided that:

  1. Disclosure is solely for the Activation Purpose

  2. The Approved Onboarding Vendor acts only as a processor/service provider

  3. The Approved Onboarding Vendor does not retain Activation Data beyond the Activation Term

  4. The Approved Onboarding Vendor does not reuse Activation Data for any other client or purpose
     

Customer remains fully responsible for compliance with any Approved Onboarding Vendor.

 

5. Deletion and Certification

5.1 Mandatory Deletion

Upon expiration of the Activation Term, Customer shall ensure that all Activation Data is deleted by Customer and all Approved Onboarding Vendors.
 

5.2 Deletion Certification

Upon Provider’s request, Customer shall provide written certification confirming deletion of Activation Data by Customer and its Approved Onboarding Vendors.

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6. Compliance and Data Protection

6.1 Pseudonymized Personal Data

The Parties acknowledge that Activation Data constitutes pseudonymized personal data and remains subject to all applicable data protection laws, including but not limited to CCPA/CPRA and GDPR, as reflected in the DPA.

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6.2 No Sale or Sharing for Cross-Context Advertising

Activation Data is not “sold” or “shared” within the meaning of applicable privacy laws, and is provided solely as a service provider/processor in the context of programmatic recruitment marketing.

 

7. Audit and Enforcement

Provider reserves the right, upon reasonable notice, to request information sufficient to verify Customer’s compliance with this Addendum. Any material violation constitutes a material breach of the Agreement.

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8. Survival

Sections relating to Restrictions on Use, Deletion, Compliance, Liability, and Indemnification shall survive expiration or termination of this Addendum.

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9. No Implied Rights

Except as expressly set forth herein, no rights or licenses are granted. All rights not expressly granted are reserved by Provider.

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10. Order of Precedence

This Addendum governs only Activation Services. All other Data provided under the Agreement remains subject to existing restrictions and limitations.

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