Terms of Use of Yango Pixel

This document (hereinafter — Terms of Use) describes the rules and processes of your use of Yango Pixel and is an offer of Air Smart Advertising Solutions FZ-LLC, 4, Internet City Road Al Sufouh 2, Dubai, Commercial Office - DIC-Bldg 04-101, Commercial Office - DIC-Bldg 04-FL1C1 (hereinafter — Yango) to an Internet user (hereinafter — User) to enter into the agreement on the use of Yango Pixel (hereinafter – Pixel) on the conditions stated below.

1. By generating the Pixel, receiving a code snippet and placement of the code snippet on the User's website or by use of any other function of the Pixel, the User expresses its full and unconditional consent with the Terms of Use and undertakes to comply with them. If you do not agree to these Terms of Use, you must not use or must stop using the Pixel, by removing the related code from the User's website.

2. The use of the Pixel by the User is regulated by these Terms of Use, as well as Privacy Policy published at: https://yango.com/legal/yango_ads_privacy (hereinafter together referred to as the Regulatory Documents).

The User undertakes to acquaint himself with all Regulatory Documents, and shall bear the risk of failure of such acquaintance.

3. Pixel provides Users with functionality to obtain data on websites traffic for launching of advertising campaigns in the service Yango Ads Space by embedding the code snippet in the User’s website. Generally, in order to perform these actions, the User must have proprietary rights to the website or be otherwise authorized to use the website for the purposes hereof.

However, please, be informed that Pixel is not a separate analytical service and doesn’t work with advertising services other than Yango Ads Space.

4. CUSTOMER INTERFACE

4.1. the User can generate the Pixel and receive a code snippet only if the User is registered in the Customer Interface of the Yango Ads Space Platform;

4.2. the User shall be responsible for safety and confidentiality of its login and password for the Customer Interface of the Yango Ads Space Platform and shall not transfer or disclose it to third parties. All the actions taken under the User’s login and password are considered as accomplished by the User.

4.3. When using the Pixel, the User must comply with the following conditions and limitations:

not to remove or alter hyperlinks contained in the code snippet;
not to change / modify in any way the code snippet, except for changes in parameters of the User’s website;
not to use any automatic programs or devices to generate the Pixel and/or to receive a code snippet;
provide the User’s website visitors with information about the processing of their data in connection with the use of the Pixel by the User. Information should be provided in a concise, understandable, and easily accessible manner. If required by applicable law, the User is also obliged to obtain the appropriate consents of visitors to the User's website;
comply with all requirements of the Terms of Use and the current legislation on the protection of personal data and correspondence of the User’s website visitors end users, as well as other information, access to which is limited according to the legislation, and that can be recorded while using the Pixel.

5. COLLECTED DATA

5.1. The User is hereby notified and agrees that Pixel collects the following data, including, but not limited to: data about the device (including the version of its operating system and location); anonymized IP address, advertising identifiers GAID (for Android) and IDFA (for iOS), information about user behavior at the User’s website, data that were not associated with a website user's profile (for example, contact details filled out in form without submitting such a form, data from datalayer), e-commerce data (data on views, purchases, additions to basket, time to purchase) click maps, clicks on links and etc., hereinafter — Collected Data.

5.2. Yango does not make the User Data available to the public.

5.3. The User undertakes:

5.3.1. to obtain all necessary and legislatively stipulated consents and permits of persons, whose data is included in the Collected Data, to use, process this data, including but not limited to data on their interests and conduct in the Internet, and to use such data as part of the Collected Data, and for such data to be used, processed by Yango, its affiliates and/or the User. The User also undertakes to notify the persons whose data is included in the Collected Data about the aforementioned use, processing, to the extent required by applicable law;

5.3.2. not to include in the Collected Data any data, information and/or materials infringing rights of visitors to the User’s website and/or third parties (including but not limited to intellectual property rights) or containing malware and/or spyware;

5.3.3. to be fully liable for compliance with requirements of applicable laws and third-party rights (including but not limited to laws on personal data and intellectual property) holding Yango, its affiliated parties, subcontractors, employees, partners and/or contracting parties harmless from and against any third-party claim (including visitors to the User’s website, customers and clients of Yango and authorized public bodies) relating to the data included in the Collected Data.

6. INTERACTION WITH THIRD-PARTY SERVICES

6.1. If the User enables the functionality of data transfer to a third-party service or otherwise confirms his intention to transfer data, the Pixel transfers data on visits of the User’s websites and other Collected Data to such third-party service.

6.2. The name of respective third-party service and purposes of data transfer shall be indicated in the description of relevant functionality or communicated by the User otherwise. This functionality is available only to Users who are partners of the respective third-party service.

6.3. Third-party services which can access this option are determined by Yango at its discretion, taking into account technical capabilities of the service, including automatic data transmission.

6.4. When User enables the functionality of data transfer to a third-party service, the User is obliged to ensure that there is: (a) a sufficient legal basis for such transfer, including cross-border transfer, and further processing of personal data by the third-party service; (b) a notification of data subjects on the transfer of their personal data to the third-party service and the subsequent processing of personal data by the third-party service. The User is obliged to ensure that such transfer complies with the requirements of the applicable data protection legislation.

7. TAG

7.1. The tag installed on the User’s website collects data on visits of the User’s website and other Collected Data specified in Clause 5 of the Terms of Use and automatically forwards that to Yango to get generalized statistical information available for the further use via the Pixel by the User and by Yango for its own purposes as well.

Yango keeps that data in secret and does not transfer that data to any third parties (except for the affiliate entities that are in the same group with Yango), except when the User authorizes such transfer or gives an access to that data for third parties at his own discretion.

Aggregate data from tags, which does not disclose precise reading of the User's tag, may be used by Yango at its discretion, including for commercial purposes.

7.2. The User is hereby notified and agrees that Yango does not know or cannot know what information is contained in the data recorded by the tag on the User’s website pages and cannot determine whether there is any personal data, correspondence and other limited to receiving, processing and distribution information of third parties in such records (hereafter — Secured information) or not. The Pixel operates in fully automatic mode, and does not analyze the content and meaning of information published on the web pages or entered by visitors in the fields on the web page, and records it entirely, regardless of its content.

Yango does not make any modifications to the data recorded by the tag and does not perform any actions focused on the collection, receipt, processing and distribution of personal data, correspondence and other Secured information of visitors of the User's website as a result of the User's use of the Pixel. With this in mind, the User understands that by using the Pixel, he might gain access to Secured information, and therefore the User undertakes not to take focused actions to obtain such Secured information, and shall to the maximum extent comply with all requirements of applicable law for collection, processing and protection of personal data and other Secured information obtained during using the Pixel, and shall bear all risks associated with obtaining such Secured information, and the liability for failure to comply with the legislation.

8. PERSONAL DATA

8.1. With regard to personal data of the User’s website visitors (in particular, information about activity on the website, cookie files, data about the device, operating system and its version), Yango and the User are independent controllers of personal data and are independently responsible for compliance with applicable data protection legislation.

8.2. While disclosing (or ensure the disclosure) of personal data to Yango in connection with the conclusion, execution, amendment or termination of parties’ cooperation under the Terms of Use, the User must ensure that such disclosure complies with the requirements of the applicable data protection legislation.

8.3. While disclosing (or ensure the disclosure) of personal data to Yango in connection with the conclusion, execution, amendment or termination of parties’ cooperation under the Terms of Use, the User must ensure that there is:

(a) a sufficient legal basis for the disclosure of personal data to Yango and further processing of personal data by Yango and its affiliates and partners in accordance with the Privacy Policy available at: https://yango.com/legal/yango_ads_privacy, including cross-border transfer to member states of the Convention for the Protection of Individuals with Regard to Automatic Processing of Personal Data (Convention 108, 1981) (if applicable);

(b) a notification of data subjects on the disclosure of their personal data to the other Party and the subsequent processing of personal data by the other Party, its affiliates and partners.

The User acknowledges and agrees that personal data collected by the Pixel will be used to increase the effectiveness of advertising campaigns in the service Yango Ads Space and shall ensure that such processing will comply with applicable data protection legislation.

The User acknowledges and agrees that personal data may be transferred to third countries that do not provide the same level of data protection as in the country of User’s residence. The User is obliged to ensure that such disclosure complies with the requirements of the applicable data protection legislation.

8.4. Within a reasonable time from the moment of receipt of the request from Yango, the User shall provide Yango with sufficient information and(or) documents confirming the compliance with the representations and warranties specified in Clauses 8.1-8.3 of the Terms of Use, that is: the fact of obtaining the consent of the data subjects for the processing of their personal data, or the presence of other sufficient legal grounds for the processing of the personal data of the data subjects and the fact of proper notification of the data subjects about the processing. Yango and the User shall determine the scope and content of the information and(or) documents to provide taking into account the requirements of applicable legislation, as well as in compliance with the rights and legitimate interests of the data subjects, Yango, the User and other persons.

9. INTELLECTUAL PROPERTY

9.1. The User represents, warrants and undertakes that if the aggregate data included in the Collected Data constitutes an item of intellectual property rights or other rights, the User gained all necessary rights and consents to entitle Yango to use the data included in the Collected Data, and by using them pursuant to these Terms Yango does not infringe third-party rights, including but not limited to intellectual property rights.

9.2. If the aggregate data included in the Collected Data constitutes an item of intellectual property rights or other rights, then for the Pixel to be properly provided, the User grants to Yango and its affiliated parties a worldwide, non-exclusive, royalty-free, sublicensable right to use the data included in the Collected Data for the entire term of the exclusive right, with no additional payments and reports on use, in any way stipulated by applicable laws, including but not limited to: extraction, search, handling, analysis, reproduction, distribution, processing, technical integration, combining, association and/or comparison to any data and/or information owned and/or disposable by Yango, and other actions not prohibited by the Terms of Use, any agreement that may further be entered into by the parties, the Regulatory Documents and/or applicable laws.

10. LIABILITY. DISCLAIMER OF WARRANTIES

10.1. The User shall bear its own responsibility before third parties for its actions when using the Pixel. Inter alia, the User shall ensure that its actions conform to all applicable legislative requirements and do not infringe third-parties’ rights and legitimate interests. The User shall independently and at its own expense settle all claims of third parties related to the actions of the User in the course of using the Pixel.

10.2. Yango herewith disclaims any liability or makes no other express or implied warranties that the installation of the tag on the User’s website, or collection, processing and transmission of the Collected Data to Yango is per se and by design compliant with the legislation of the User’s place of residence. The User performs the installation of the tag on its website and uses the Pixel at his own risk and shall be solely responsible for all actions related to the use of the Pixel, including the installation of a tag the collection and use of the Collected Data by the User.

10.3. THE PIXEL (INCLUDING THE INFORMATION OBTAINED WITH ITS HELP) IS PROVIDED BY YANGO “AS IS”. YANGO DOES NOT WARRANT THE FITNESS OF THE PIXEL FOR THE PURPOSES AND EXPECTATIONS OF USERS, UNINTERRUPTABLE AND ERROR-FREE OPERATION OF THE PIXEL IN GENERAL AND THE CODE SNIPPET INSTALLED ON THE USER’S WEBSITE, IN PARTICULAR, AND DOES NOT WARRANT THE ACCURACY OF THE INFORMATION OBTAINED THROUGH THE PIXEL. YANGO SHALL NOT BE LIABLE FOR ANY DAMAGE, DIRECT OR INDIRECT, CAUSED TO THE USER OR ANY THIRD PARTY BY USE OR INABILITY TO USE THE PIXEL AND/OR AND THE CODE SNIPPET INSTALLED ON THE USER’S WEBSITE, ANY USER INTERACTIONS WITH THE PIXEL SUPPORT, INCLUDING IN CASES OF THE CODE SNIPPET INSTALLED ON THE USER’S WEBSITE, SETTING UP THE CODE SNIPPET ON THE USER’S WEBSITE BY THE PIXEL SUPPORT, AS WELL AS BY USE OR INABILITY TO USE THE INFORMATION OBTAINED THROUGH THE PIXEL. YANGO SHALL NOT BE UNDER ANY OBLIGATION TO REIMBURSE THE USER OR ANY THIRD PARTY FOR SUCH DAMAGES.

11. SUSPENSION AND TERMINATION

11.1. To disable the collection of the data the User shall remove the related code from the User's website. However, the User shall acknowledge and agree that, due to technical reasons, launching of advertising campaigns in the service Yango Ads Space will not be available if Yango Pixel code is removed from the User’s website.

11.2. Yango has the right to terminate or suspend the User's access to the Pixel, in particular, in case of violation of requirements of the Terms of Use by the User.

12. MISCELLANEOUS

12.1. All inquiries arising from the use / inability to use the Pixel should be addressed to your Yango Ads Space personal manager.

12.2. Yango may amend the Terms of Use or any other terms and conditions of use of Pixel from time to time, including in case of changes to the Pixel functionality or as may be otherwise required by any laws or regulatory requirements. The changes will become effective on a date specified at the time of publishing thereof. In such case, Yango shall use its reasonable endeavors to notify the User of the amendments in advance.

If any amendment to the Terms is unacceptable to the User and the User doesn´t agree to such amendments, the User shall have the right to discontinue the use of Pixel taking into account provisions of Clause 11.1 hereof.

Published on: 01.08.2025

Previous version of the document: https://yandex.com/legal/pixel/24122024