The following terms apply if you agree to use any Data Clean Room for campaign activation on Trade Me (whether in an Insertion Order or other agreement with Trade Me) (Data Matching Activation Terms).

1. Roles and Responsibilities:

a. For the purposes of the Data Matching Activation Terms:

i. Trade Me and the Advertiser/Agency will each have a DCR account.

ii. The parties will agree what data each party will load into the DCR account.

iii. The Advertiser/Agency will upload the agreed data (Advertiser Data) into its DCR account.

iv. Trade Me will upload the agreed data (Trade Me Data) into its DCR account.

v. Trade Me and the Advertiser/Agency will each permit joint data analysis for their de-identified data segments, in accordance with Trade Me’s instructions. Each party takes full responsibility for the permissions granted to analyse their data through the DCR.

vi. The DCR will process the de-identified queries to identify segments of the Trade Me Data that matches the Advertiser Data (i.e. customers of Trade Me that are also customers of the Advertiser, and that fall within particular Advertiser segments).

vii. The DCR will make the matched segments (Matched Data) available to Trade Me.

viii. Trade Me will only use the Matched Data to (as relevant) target advertising either as part of the Campaign identified in any relevant Insertion Order or for programmatic advertising purchased by the Advertiser on Trade Me (Purpose).

ix. If the parties agree to also use the Measurement functionality, each party will permission the DCR to provide aggregated data on the performance of the advertising targeted using the Matched Data (Measurement Data). Unless agreed otherwise, each party may only use the Measurement Data for that party’s internal purposes. Each party agrees not to publish any Measurement Data without the other party’s written permission.

b. Each party must notify the other on a timely basis if they are unable to perform the responsibilities in clause 1(a).

2. Fees: The Fees payable for the use of the DCR and the performance of Trade Me’s obligations under these Data Matching Terms will be set out in one or more Insertion Orders or other agreement between the parties. Unless agreed otherwise each party will be responsible for fees connected with its use of the DCR .

3. General obligations

a. Each party agrees:

i. to provide all personnel and resources reasonably required for the performance of their obligations under these Data Matching Activation Terms;

ii. to comply with all applicable laws, codes, regulations and guidelines and obtain all necessary licence, permits and approvals required to provide the respective services or comply with their obligations under these Data Matching Terms; and

iii. to comply with all terms, conditions and requirements of the DCR.

b. The Advertiser and the Agency each agree to comply with Trade Me’s reasonable directions and guidelines in the use of DCR.

4. Data and Privacy

a. The Matched Data that Trade Me receives via the DCR will be limited to data that identifies segments of the Trade Me Data that matches with the Advertiser Data.

b. Neither the Advertiser nor the Agency is entitled to view or access the Matched Data.

c. The Advertiser and Agency each warrant to Trade Me that:

i. the use and disclosure of all personal information and data, including the Matched Data, by the Advertiser and/or the Agency, including the use by and disclosure to the DCR, Trade Me or Trade Me’s contractors, agents or suppliers for the agreed purposes set out in these Data Matching Terms, and the use of the Matched Data by Trade Me or Trade Me’s contractors, agents or suppliers for the purposes set out in these Data Matching Terms, complies with all applicable laws, including ensuring that any required consents have been obtained, and will not infringe any third party rights; and

ii. In the event that the DCR is subject to a privacy or data breach, the Advertiser and the Agency will cooperate in relation to the management of the breach and, if required, the notification of the breach to the regulator or affected individuals as required by applicable law.

d. The Advertiser and the Agency each indemnify Trade Me from and against any claim, proceeding, damage, loss, liability, cost and expense (including legal costs on a solicitor and own client basis) suffered or incurred by Trade Me resulting from any of the warranties in clause 4(c) being untrue.

e. The Advertiser and the Agency each agree that, for the purposes set out in these Data Matching Terms, personal information within the Advertiser Data may be stored and processed in New Zealand and may be transferred to other countries for storage and processing. It is the Advertiser’s and Agency’s responsibility to ensure that any such transfers comply with the privacy law that the personal information is subject to (Relevant Privacy Law).

f. The Advertiser and Agency each agree that they are jointly liable under the Relevant Privacy Law for the processing of personal information within the Agency Data by Trade Me for the purposes set out in these Data Matching Activation Terms and for the processing of personal information within the DCR.

5. Liability:

a. Trade Me will not be liable to the Advertiser or the Agency for any loss or damage, or loss, corruption or unauthorised use of data, arising from the Advertiser’s or the Agency’s use or mis-use of the DCR, or failure by the Advertiser or the Agency to follow Trade Me’s reasonable directions in connection with these Data Matching Activation Terms.

b. The maximum aggregate liability of any party under or in connection with these Data Matching Activation Terms, whether in contract, tort (including negligence), breach of statutory duty or otherwise, will not, in any 6 month period, exceed the amount of the fees charged by Trade Me for the Data Matching and the Campaign (if any), provided that this cap does not apply to the indemnity from the Advertiser or the Agency set out in clause 4(d).

c. No party is liable to any other under or in connection with these Data Matching Activation Terms for any:

i. a loss of profit, revenue, savings, business, data and/or goodwill; or

ii. consequential, indirect, incidental or special damage or loss of any kind,

provided that this exclusion does not apply to the indemnity from the Advertiser and the Agency set out in clause 4(d).

6. Confidentiality: Each party will keep each other party’s confidential information secure and will not disclose such information except as necessary for performance of obligations under these Data Matching Activation Terms or to the extent required by law or the rules of any applicable stock exchange.

7. Amendments to terms: Trade Me may update these Data Matching Activation Terms from time to time by posting the updated version on this page. The updated Data Matching Activation Terms apply to any Insertion Order or other new agreement or new order (under an existing agreement) related to data matching and the use of the DCR after the date the updated Data Matching Activation Terms are posted. If you don't agree to any updated Data Matching Activation Terms, you must stop using our data matching services as covered by these Data Matching Activation Terms.

8. Other terms and policies: The Advertiser and the Agency acknowledge that Trade Me’s standard terms and conditions, including Trade Me’s standard advertising terms, and privacy policy form part of these Data Matching Terms and are incorporated by reference.

Standard terms and conditions

1. Interpretation

2. Creatives

3. Cancellation policy

4. Late creative policy

5. Prices and payment

6. Assignment & resale of ad space

7. Exclusivity

8. Client representations

9. Limitation of liability & indemnity

10. Miscellaneous

Data Matching Activation Terms

Insights Terms

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