CLIENT CODE OF CONDUCT

This Client Code of Conduct (hereinafter: “Code of Conduct”) is an expression of our core values and a declaration of the principles that govern Advidi’s operations. It outlines our collective commitment to act with the highest degree of integrity, fairness, and transparency in all our business dealings. This Code of Conduct applies to all Affiliates and Advertisers with whom Advidi has a contractual relationship. Throughout this document, ‘you’ and ‘Client’ refer to both of the aforementioned parties.

Advidi reserves the right to unilaterally amend this Code of Conduct from time to time in order to ensure compliance with applicable laws and regulations. Therefore, it’s recommended that you consult the Code of Conduct on a regular basis in order to be aware of potential changes or updates. All capitalized terms used in this Code of Conduct and not otherwise defined shall have the same meaning as given to them in Advidi’s Terms and Conditions. Every Client that signs up, registers or otherwise enrolls as a client with Advidi, declares to agree with and accept the applicability of this Code of Conduct.

1. Legal Compliance

You shall at all times comply with all laws, rules and regulations that are applicable to the Services, the (content of each) Campaign, Ads and/or other activities, including but not limited to those pertaining to (direct) marketing, privacy and data protection, social media, sanctions, consumer protection and commercial advertising. You shall furthermore comply with any applicable industry best practices, code of ethics and/or guidelines set forth by relevant authorities (e.g., Dutch ACM, US FTC).

You shall at all times refrain from any illegal, unlawful or inappropriate acts, such as, but not limited to criminal acts (e.g. discrimination, racism, defamation, abuse, phishing, fraud, SPAM etc.), tortuous acts, copyright infringement, trade mark infringement or infringement of any other intellectual property rights, privacy infringement, the use of malware or spyware etc.

2. Ethical Business Conduct and Integrity

Advidi maintains a zero-tolerance policy toward any form of corruption, bribery, or unethical manipulation. Our standard is one of honesty and fair dealing in all interactions.

Anti-Bribery and Anti-Corruption

Any form of corruption, bribery, or extortion is strictly unacceptable. You shall not offer or receive gifts, entertainment, or payments that are intended to improperly influence a business decision or gain an unfair advantage. Where local customs 1allow for reasonable, modest gifts or hospitality, these must always be transparent and in compliance with laws, regulations and this Code of Conduct.

You are expected to exert reasonable due diligence to prevent and detect corruption in all business arrangements related to Advidi’s platform and services. You shall not take unfair advantage of Advidi, other Clients, or any other party or person through manipulation, concealment, unfair abuse of privileged information, misrepresentation of facts, or any other illegal trade practice.

Fair Competition

You will conduct all competitive activities in accordance with all local, EU, and international antitrust and anti-competitive laws. You shall strive to compete solely on the merits of your products and services, not by exchanging competitively sensitive information with partners beyond what is necessary for a specific project or delivery.

Affiliates shall never create the impression that their website or its services are provided or endorsed directly by Advidi. Furthermore, you shall not make or post any negative comments, statements or content about Advidi on public message boards, chat rooms, social network sites and/or job sites (including but not limited to Facebook, Instagram, Reddit, Discord, Snapchat, TikTok, LinkedIn etc.).

3. Commercial Advertising and Unfair Commercial Practices

The Client commits to comply with relevant legal rules and regulations regarding the use and distribution of direct marketing and commercial messages (e.g. GDPR, CAN SPAM ACT 2003, European Directive 2002/58 and the Dutch Telecommunications Act), and shall ensure that at least the following conditions are met:

  • prior consent (opt-in) to receive commercial email messages from the Client has been obtained and documented;
  • no rented, leased or third party email lists may be used, unless the data subjects in such lists have provided specific, informed and unambiguous consent to the transfer to and use by other commercial third parties;
  • the Client may not advertise, or send emails in any way that conceal or misrepresent its identity and/or return e-mail address;
  • the Client shall have and maintain a privacy policy and statement whereby it informs the data subject about the processing of personal data;
  • in the event suppression (opt-out) lists are available, the Client will verify and remove any names thereon prior to sending any emails or mailing lists.

Each Affiliate guarantees that all consumer or customer reviews, testimonials and/or endorsements are clear and honest and shall comply with consumer protection law and commercial advertising regulations and guidelines. All Affiliates shall in any event refrain from:

  • generating and/or publishing self-created (fake) reviews or endorsements;
  • generating and/or publishing reviews or endorsements from parties with whom Affiliate has a material connection;
  • requesting persons or parties to provide a review or an endorsement in return for compensation or discount;
  • removing negative reviews without giving notice of such removal;
  • not identifying sponsored reviews as such;
  • making any misrepresentations or publishing misleading information.

The Client shall respond to any consumer complaints, thereby including ‘notice and takedown’ and complaint requests, within twenty-four (24) hours of notification thereof. The Client shall comply with reasonable requests from Advidi, following a ‘notice and takedown’ request (for alleged unlawful or inappropriate content) from a third party regarding Campaigns and/or Ads placed by that Client.

4. Human Rights

Advidi is committed to respecting and supporting internationally recognized human rights and fostering a positive, inclusive, and safe environment for all people.

Non-Discrimination and Diversity

We have a zero-tolerance policy for unlawful discrimination and harassment of any kind. The Client commits to treat their employees and contractors equally and with respect and is expected to promote diversity and inclusion within its organisation.

Labour Rights

You will not make use of forced, bonded, or compulsory labour in any part of its operations. All work must be voluntary, and employees must have the right to leave their employment after reasonable notice. The Client ensures its employees have a physically, psychologically and socially safe working environment.

Also, you will not make use of child labour, which is strictly prohibited. The minimum age for employment must comply with local law and the minimum age for mandatory schooling. If young workers are employed, their work must not be mentally, physically, socially or morally dangerous or harmful, nor interfere with their opportunity to attend school and receive development opportunities.

The Client ensures to pay its employees fair wages that meet or exceed the legal minimum wage and industry standards, and all work must comply with applicable laws regarding regular working hours, overtime, breaks, and rest periods. Your employees must be entitled to the freedom of association and the right to collective bargaining.

5. Confidentiality and intellectual property

You shall take all appropriate steps to safeguard all confidential and proprietary information or trade secrets of Advidi, other Clients or related parties or individuals that they become aware of through their work. Such information may only be used for purposes authorized by Advidi and in accordance with applicable laws and/or regulations.

6. Privacy and information security

The Client commits to comply with all applicable data protection law, rules and regulations within all relevant jurisdictions. You shall not circumvent or adapt any (information) security measures or tracking systems nor attempt to automate or falsify activity through the Conversion Statistics respectively Advidi Statistics. Furthermore, you are solely responsible and liable for the development, operation and maintenance of its own website(s) and database(s) and for any and all content that may appear on your own website(s).

7. Reporting and Enforcement

Advidi has instructed its employees to make sure that (i) this Code of Conduct is always on their mind and that it remains at all times inseparable from all of their working activities, (ii) to actively reiterate and remind all business associates, including Clients, of the applicability of this Code of Conduct, and (iii) to immediately notify their leader or manager, or a designated compliance channel if they detect or suspect a breach of this Code of Conduct or applicable law. Acting against the principles set out in this Code of Conduct may lead to disciplinary actions for employees, up to and including termination of employment.

You are also expected and encouraged to report suspicious or non-compliant activity to your contact at Advidi or via e-mail to compliance@advidi.com. Advidi prohibits all forms of retaliation against individuals who report or participate in an investigation into a possible breach of this Code of Conduct in good faith. In case of an alleged or actual breach of this Code of Conduct, you shall comply with all investigations and requests from or on behalf of Advidi and you shall provide all information and cooperation necessary in connection with such investigation or inquiry to Advidi.

The Client acknowledges that in the event that the Client has breached this Code of Conduct, its (trade)name and website address may in certain circumstances (for example, in the event of indisputable breach) be disclosed by Advidi to a third party. The Client also acknowledges and agrees that a breach of this Code of Conduct may result in the complete termination of the Agreement, or (temporary) suspension of the Services, and/or the obligation to reimburse any compensations obtained by means that were or are in breach of this Code of Conduct.