ARBITRATION NOTICE: YOU ARE BOUND BY THE ARBITRATION PROVISION SET FORTH IN THE BUSINESS SERVICES TERMS. IF YOU ARE CONTRACTING WITH SNAP INC., THEN YOU AND SNAP INC. WAIVE ANY RIGHT TO PARTICIPATE IN A CLASS-ACTION LAWSUIT OR CLASS-WIDE ARBITRATION.

These Data Clean Room Terms form a legally binding contract between you and Snap, govern your use of the Business Services to generate advertising performance insights using data clean room services provided by an authorized third-party data clean room provider (“Data Clean Room Program”), and are incorporated into the Business Services Terms. Some terms used in these Data Clean Room Terms are defined in the Business Services Terms. 

a. The Data Clean Room Program enables each of us to make available data, including about actions taken on the Services, or websites, apps, or in stores, to one or more mutually-agreed third-party data clean room service providers to generate insights in connection with your use of the Business Services (each a “DCR Provider”). We each agree that the other may instruct the DCR Provider to generate aggregated and anonymized insights with such data related to your use of the Business Services using only queries and instructions that have been approved in advance in writing by the other party.

b. You and Snap acknowledge and agree that we each: (i) independently determine what data to provide to a DCR Provider; (ii) do not intend for or permit the other to receive or access that data; and (iii) provide independent instructions in respect of the processing of that data to DCR Providers to provide insights. As such, you further acknowledge and agree that where your data contains personal data: (aa) we each act as an independent controller for the data processing activities that we respectively perform (or instruct the DCR Provider to perform) for the purposes of the Data Clean Room Program; (bb) Snap will not receive access to your personal data or process personal data on your behalf; and (cc) the DCR Provider is the sole data processor appointed by you to process your personal data for the purposes of the Data Clean Room Program. If the data you make available for the purposes of the Data Clean Room Program includes any personal data, the Personal Data Terms apply.

c. Your use of products or services provided by any third-party in connection with the Data Clean Room Program (including the products and services provided by a DCR Provider) is at your own risk and is subject to the third-party’s terms. Snap is not liable for any damages or losses incurred by you as a result of your use of those third-party products or services.

a. In addition to any restrictions set out in the Business Services Terms, Snap and you each agree that we will not, and will not instruct, authorize or encourage any other party (including any DCR Provider) to: (i) except as expressly permitted in these Data Clean Room Terms, perform any action or analysis with or using the data that the other makes available to a DCR Provider to generate insights via the Data Clean Room Program; or (ii) otherwise use or analyze, or access, copy, modify, disclose, transfer, reverse-engineer, de-anonymize or grant access to such data (including personal data) that the other makes available to a DCR Provider.

b. Snap may use any results it receives from the Data Clean Room Program (including those provided by the DCR Provider) to provide the Services, including: (i) to provide insights in addition to those provided by the DCR Provider; and (ii) to improve and supplement the Services. Any results, data and insights from the Data Clean Room Program made available to you (including by Snap or a DCR Provider) constitute Business Services Data and may only be used on an aggregated and anonymous basis for your internal use to manage your advertising campaigns run via the Services.

These Data Clean Room Terms set forth the entire understanding and agreement between you and Snap with respect to your use of the Data Clean Room Program and supersede all other agreements between you and Snap regarding the Data Clean Room Program.