Terms of Service

These Terms of Use (“Terms”) govern the access or use by you, an individual (hereinafter referred to as “You”, “Your” or “User”), of applications, websites www.crackle.tech (the “Platform”) made available Crackle Technologies PTE Limited (hereinafter referred to as ‘Crackle’, or ‘We’, or ‘Us’, or ‘Our’ or ‘Company’) a private limited liability company established in 2023, having its registered office at 200 Jalan Sultan #11-01 Textile Centre Singapore 199018. We value the trust You place in Us. That’s why, We maintain reasonable security standards for securing Your information.

PLEASE READ THESE TERMS CAREFULLY BEFORE ACCESSING OR USING THE SERVICES. The Terms, read together with the Privacy Policy and Disclaimer, constitute a legal and binding agreement between the User and Us, enforceable under the relevant laws. By accepting the Terms, the user represents and warrants that they are at least 18 years of age and have the right, authority, and legal capacity to enter into this agreement.

If You are under the age of 18 but at least 13 years of age, You may only use the Platform with the consent of a parent or legal guardian who agrees to be bound by these Terms. The Platform is not directed at, and may not be used by, children under the age of 13. We do not knowingly collect personal information from children under the age of 13 in accordance with the Children’s Online Privacy Protection Act (“COPPA”). If We become aware that We have collected personal information from a child under 13 without verified parental consent, We will take steps to delete that information promptly.

1. The Services

The services constitute a technology platform that enables (i) User to track, analyze, engage and optimize revenue, (ii) To operate a real-time, data driven automation platform for advertising, data management and yield optimization, facilitating the integration of third party providers of online advertising and data on one or more of the Publisher Sites, and (iii) aggregate and license data to third parties relating to the operation of such platform: (the “Service”).

2. User Account, Password, and Security

• In order to access the Services on the Platform, You will have to register and create an account on the Platform by providing details as may be required in the Privacy Policy (“Account”).

• You are solely responsible for the information You provide to Us. You shall ensure and confirm that the Account information and all information provided by You is complete, accurate and up to date. If there is any change in the Account information, or if any information is found to be incomplete or incorrect, You shall promptly update Your Account information on the Platform or request Us for information revision or update. If the information provided by You is untrue, inaccurate, unauthorised, not current, or incomplete (or becomes untrue, inaccurate, not current, or incomplete), We reserve the right to refuse any and all the Services, if We have reasonable grounds to suspect that such information is untrue, inaccurate, not current, or incomplete. We reserve the express right to refuse access to the Platform at any time without notice for Your failure to abide by the Terms as set forth herein or to comply with applicable laws.

• You will be responsible for the confidentiality of the Account information provided and fully responsible for all activities that take place on Your Account. You agree to immediately notify Us of any unauthorised access of Your Account. You may be held liable to pay damages for losses caused due to unauthorised use of Your Account as a result of Your failure to keep Your Account information secure and confidential.

3. Your Content

• Content that You post using our Services is Your content (“User Content”). You retain ownership of any intellectual property rights that you hold in the User Content.

• You grant to us a royalty-free, non-exclusive, perpetual, irrevocable license to use, copy, edit, adapt, publish, reproduce, translate, sub-license, create derivative works from, make available, communicate, display, store and distribute your Content (in whole or part) and/or to incorporate it in other works in any form, format, media, or technology now known or later developed (including without limitation in print, digital and electronic form) throughout the world in accordance with the provisions of these Terms. By submitting your Content, you warrant that you have the right to grant this license. To the extent permitted by law, you waive all moral rights in your Content. To the extent that you are unable to waive any such moral rights, you agree not to assert the same.

• You grant us consent to continue to publish all or part of User Content even if you change Your mind and want Us to remove it and/or You are no longer registered with the Platform and use all or part of your Content in promoting Our products and services, modify User Content in any way at our sole discretion.

• You acknowledge that We are not responsible for checking, monitoring or moderating any Content and you remain solely responsible for all Content that you upload or submit.

• By uploading or submitting User Content to the Platform, You warrant and represent that You are the sole author of and owner of all proprietary rights in the User Content. If the User Content includes any material proprietary to a third party, You warrant that you have obtained the permission of such third party owners to use their material in accordance with the provisions of these Terms.

• You warrant and represent that your Content will not be inappropriate. Without limitation, Content will be considered inappropriate if:

  • It is defamatory, plagiarised, abusive, malicious, threatening, false, misleading, offensive, insulting, discriminatory, profane, harassing, racist, sexist, indecent, obscene, pornographic or hateful;

  • It is in breach of confidentiality or another person’s privacy;

  • It prejudices any active legal proceedings of which You are aware;

  • It contains accusations of impropriety or personal criticism of Our staff;

  • It infringes any intellectual property rights proprietary to Us or any other third party;

  • It is technically harmful (including without limitation computer viruses, logic bombs, trojan horses, worms, harmful components, corrupted data or other malicious software, harmful data or conduct);

  • It advertises or promotes any product or service or makes any requests for donations or financial support;

  • It is spam or junk content;

  • It impersonates another person or otherwise misrepresents Your identity, affiliation or status;

  • It would be considered a criminal offence, or gives rise to civil liability, or is otherwise unlawful; and/or

  • It is in breach of these Terms.

4. Use of Platform

• Subject to compliance with the Terms, Crackle hereby grants You a personal, non-exclusive, non-transferable, limited, revocable privilege to access and use the Platform. You agree to use the Platform only: (a) for purposes that are permitted by the Terms; and (b) in accordance with any applicable law, regulation or generally accepted practices or guidelines. You agree not to engage in activities that may adversely affect the use of the Platform by the Company and/or other Users.

• You agree not to access (or attempt to access) the Platform by any means other than through the interface that is provided by Us. You shall not use any deep- link, robot, spider or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Platform or Content, or in any way reproduce or circumvent the navigational structure or presentation of the Platform, materials or any Content, to obtain or attempt to obtain any materials, documents or information through any means not specifically made available through the Platform.

• You agree not to attempt to gain unauthorised access to the Platform, the server on which the Platform is hosted or any server, computer or database connected to the Platform or to attack the Platform via a denial-of-service attack.

• Crackle may reject, remove, or limit visibility of any User Content, and Crackle may disable any account or restrict Your ability to use all or parts of the Platform, for any or no reason without notice. Although Crackle may indicate why User Content, or an account has been removed or disabled, We always retain the right to remove any User Content or account if We feel it is in Our interest or Our Users’ interest.

5. Termination of Access

• Crackle reserves the right to immediately block any IP address from accessing the Platform with or without any reason and prior notice. Crackle can make this decision at its sole discretion and shall not be liable in any manner whatsoever to any User or third party.

• Without prejudice to Our general right to terminate access to the Platform, termination can also be carried out if: The User breaches or deviates from these Terms; Law enforcement or other government agencies make a request; or Unexpected technical issues or problems occur.

• Upon termination of Your Account or access to the Platform, Your right to use the Platform will immediately cease. Subject to applicable data protection laws (including the UK GDPR, EU GDPR, COPPA, and the Global Privacy Platform framework), We may retain certain personal data as required by law or for legitimate business purposes, including compliance with legal obligations, resolution of disputes, and enforcement of these Terms. You may exercise Your data subject rights as described in Section 7 of these Terms prior to or following termination.

6. Intellectual Property Rights

• The Platform and the processes, and their selection and arrangement, including but not limited to, all text, videos, graphics, user interfaces, visual interfaces, sounds and music (if any), artwork and computer code (and any combinations thereof) (collectively, the “Content”) on the Platform is licensed to Crackle and the design, structure, selection, coordination, expression, look and feel and arrangement of such Content is protected by copyright, patent and trademark laws, and various other intellectual property rights.

• The trademarks, logos and service marks displayed on the Platform (“Marks”) are the licensed property of Crackle or owned by third parties. You are not permitted to use the Marks without the prior consent of Crackle or the relevant third party (which is the owner of the Marks) respectively. Access or use of the Platform does not authorise any party to use trademarks, logo, or any other mark in any manner.

7. Your Privacy

7.1 Role of Crackle as Data Controller Crackle acts as a data controller with respect to the personal data it collects and processes through the Platform. As a data controller, Crackle determines the purposes and means of the processing of Your personal data. This Section sets out key information regarding how We collect, use, store, and protect Your personal data in accordance with the UK General Data Protection Regulation (“UK GDPR”), the EU General Data Protection Regulation (Regulation (EU) 2016/679) (“EU GDPR”), the Global Privacy Platform (“GPP”) framework, Personal Data Protection Act, 2012, and the Children’s Online Privacy Protection Act (“COPPA”), as applicable. Our Privacy Policy provides further details on how Your information is collected, used and shared when You use Our Services.

7.2 Personal Data We Collect We may collect and process the following categories of personal data: (a) identity data, such as Your name and username; (b) contact data, such as Your email address and telephone number; (c) account data, including Your Account credentials and preferences; (d) technical data, such as Your IP address, browser type and version, device identifiers, time zone settings, and operating system; (e) usage data, including information about how You access and use the Platform; and (f) advertising and analytics data collected through cookies and similar technologies as further described in Section 8 below.

Information You provide to Us: Name, Email address, Phone number, Your Education details or other work experience, Company name and address, Your bank account details, Your product details (eg app store links or bundle ids of Your mobile applications, Your Company’s customer or user details (country and estimates of daily active users) and Your current ad monetisation products (mediation platform). We receive and store any information You knowingly provide to Us.

In the course of providing our adtech services, we may collect and process the following categories of personal data:

• Device and Technical Data: This includes IP addresses (which may be truncated or hashed depending on applicable legal requirements), device identifiers (such as advertising IDs, cookie IDs, and similar persistent identifiers), browser type and version, operating system, device type, screen resolution, language preferences, and time zone settings.

• Online Activity Data: This includes information about interactions with digital advertisements and content, such as pages visited, advertisements viewed or clicked, search queries, referring and exit URLs, and browsing behaviour across websites and applications that use our technology.

• Location Data: We may collect geolocation data, such as GPS coordinates, derived from IP addresses or similar technical signals.

• Inference and Audience Data: We may generate inferences and audience segments based on the data described above for the purpose of delivering relevant advertising. These inferences may relate to likely interests, preferences, or demographic characteristics.

• Client-Provided Data: Our Clients may provide us with personal data, such as hashed email addresses, customer identifiers, or audience lists, for the purposes of audience matching, campaign targeting, and measurement.

Information collected automatically: Whenever You interact with Our Platform, We automatically receive and record information mentioned below on Our server logs: IP address; Location; Cookie; Advertising IDs (such as DeviceID/IDFA/GAID/Amazon FOSAID); User Agent; Device make, model, and operating system; Device properties related to screen size, orientation, audio, battery, device memory usage, settings, and boot time and other hardware related information; Device settings related to accessibility features, font size, and theme; Carrier; Name and properties of mobile application through which a consumer interacts with the Services; Country, time zone, and locale settings (country and preferred language); City- and/or country-level or other geolocation data; Network connection type and speed; Internet browser user-agent used to access the Services; HTTP header information; Vendor IDs (IDFV); App Set IDs; Advertising and tracking preferences and restrictions; Session Durations; Session Activities; Logs Information.

7.3 Lawful Bases for Processing Under the EU GDPR and UK GDPR, We are required to identify a lawful basis for each processing activity We carry out in relation to Your personal data. The lawful bases upon which We rely are as follows:

• Consent: Where You have given Us clear, informed, and unambiguous consent to process Your personal data for a specific purpose.

• Performance of a contract: Where the processing of Your personal data is necessary for the performance of a contract to which You are a party, or in order to take steps at Your request prior to entering into a contract.

• Legitimate interests: Where the processing is necessary for the purposes of the legitimate interests pursued by Crackle or by a third party, except where such interests are overridden by Your interests or fundamental rights and freedoms.

• Legal obligation: Where the processing of Your personal data is necessary for compliance with a legal obligation to which We are subject.

7.4 International Data Transfers As Crackle is based in Singapore, Your personal data may be transferred to, and processed in, countries outside of Your country of residence, including countries outside the EEA and the UK. Where We transfer personal data from the EEA or the UK to a country that has not been deemed to provide an adequate level of data protection, We will ensure that appropriate safeguards are in place in accordance with the EU GDPR and UK GDPR.

7.5 Data Retention We will retain Your personal data only for as long as is necessary to fulfil the purposes for which it was collected, including to satisfy any legal, accounting, or reporting requirements. Where We no longer need to process Your personal data for the purposes set out in Our Privacy Policy, We will delete or anonymise Your data.

7.6 Data Security We implement appropriate technical and organisational measures to protect Your personal data against unauthorised or unlawful processing and against accidental loss, destruction, or damage. In the event of a personal data breach that is likely to result in a high risk to Your rights and freedoms, We will notify You and the relevant supervisory authority without undue delay and, where feasible, within 72 hours of becoming aware of the breach, in accordance with the UK GDPR and EU GDPR.

7.7 Children’s Privacy (COPPA Compliance) The Platform is not intended for use by children under the age of 13. We do not knowingly collect, use, or disclose personal information from children under the age of 13 without verified parental consent. Parents and guardians have the right to: (a) review the personal information We have collected from their child; (b) request that We delete such information; and (c) refuse to permit further collection or use of the child’s information.

7.8 Global Privacy Platform (GPP) Compliance Crackle participates in the Global Privacy Platform framework to facilitate the communication of user privacy preferences and consent signals across the digital advertising ecosystem. We honour the privacy signals transmitted through the GPP, including signals relating to consent, opt-out preferences, and jurisdictional applicability.

7.9 Data Protection Officer You may contact Our Data Protection Officer with any questions, concerns, or requests relating to the processing of Your personal data or the exercise of Your data subject rights. Contact details for the Data Protection Officer are set out in Our Privacy Policy.

8. Cookie Policy

We may use information collected from Our cookies to identify user behaviour and to serve content and offers based on Your profile, and for the other purposes, to the extent legally permissible in certain jurisdictions. In other cases, We can associate cookie information (including information from cookies placed via Our advertisements on third-party sites) with an identifiable individual. We may combine data from publicly available sources, and from Our different e-mail, Platform, and personal interactions with You.

The cookies used by Crackle have been categorized below:

You can adjust Your cookie settings through the Privacy Settings feature. If You want to remove existing cookies from Your device, You can do this using Your browser options.

9. Advertising Identifier Policy

9.1 What are Advertising Identifiers? Advertising identifiers (“Ad IDs”) are user-resettable, device-level identifiers assigned by mobile operating systems for advertising and analytics purposes. These include: Google Advertising ID (GAID) for Android devices and Identifier for Advertisers (IDFA) for iOS devices. Ad IDs are considered personal data / personal information under applicable data protection laws.

9.2 Scope of Processing We process Ad IDs in our capacity as: (a) A data processor or data controller, depending on the context, on behalf of publishers and partners; and/or (b) A data controller for certain independent processing activities (e.g., fraud prevention, analytics), depending on the context.

9.3 Purposes of Use We use Ad IDs strictly for the following purposes: (a) Ad delivery: Enabling the serving of advertisements via our SSP infrastructure; (b) Ad personalization: Delivering relevant ads based on user preferences (subject to consent); (c) Measurement and attribution: Tracking ad impressions, clicks, and conversions; (d) Frequency capping: Limiting the number of times a user sees the same advertisement; (e) Fraud detection and prevention: Identifying invalid traffic and malicious activity; (f) Analytics and reporting: Aggregated insights for publishers and advertisers. We do not use Ad IDs for any purposes incompatible with the above.

9.4 Legal Basis and Consent

Where required under applicable laws, including the GDPR and the Digital Personal Data Protection Act, 2023, we rely on:

• User consent for: Accessing Ad IDs, Personalized advertising and tracking.

• Legitimate interests (where applicable) for: Fraud prevention, Security and service integrity. We rely on our publisher partners to obtain and pass valid consent signals (e.g., via Consent Management Platforms and industry frameworks such as IAB TCF).

9.5 User Controls and Choices You have the ability to: Reset your Ad ID through device settings and Opt out of personalized advertising (Android: “Opt out of Ads Personalization”; iOS: App Tracking Transparency (ATT) framework). We respect such signals and ensure that: No tracking occurs without required consent and Reset Ad IDs are treated as new identifiers.

10. Limitation of Liability

To the fullest extent permitted by law, under no circumstances shall Crackle, be liable to for claims including but not limited to a) any person on account of that person’s use or misuse of or reliance on the Platform; (b) any unauthorised access to Your information or modification thereof; or (c) behaviours of others on Our Platform. Such limitation of liability shall apply to prevent recovery of indirect, incidental, consequential, special, exemplary, and punitive damages or any loss of profits, revenue, interest, goodwill, loss or corruption of data or any loss of or interruption to the User’s business, whether such claim is based on warranty, contract, tort (including negligence), indemnity, or otherwise.

11. Indemnity

To the fullest extent allowed by law, the User will indemnify and hold Us harmless from all damages, liabilities, settlements, expenses, fines, penalties, costs, and attorneys’ fees arising from or related to any claim or demand made by any third party due to or arising out of the User’s access to or use of the website, the User’s access to, creation of, or transmittal of any of the content, the User’s violation of these Terms, or the infringement by the User of any intellectual property or other rights of any person or entity.

12. Jurisdiction

These Terms are governed by the laws of Singapore without giving effect to any principles of conflicts of laws. For the purpose of these Terms, the courts of Singapore shall have exclusive jurisdiction.

13. Changes to These Terms

We may update these Terms from time to time. Where changes materially affect Your rights or Our data processing activities, We will provide You with reasonable prior notice of such changes. Your continued use of the Platform following any changes to these Terms constitutes Your acceptance of the revised Terms. We encourage You to review these Terms periodically.