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Meltwater – Product Specific Terms

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Last updated: December 29, 2023

Meltwater – Product Specific Terms

These product specific terms (Product Terms) constitute part of your Agreement to use Meltwater services.  We may change these Product Terms at any time by posting a revised version. By using Meltwater services after any changes of these Product Terms, you agree to be bound by the changed terms provided that any changes shall not result in a material reduction of your use of Meltwater services.  You shall defend or settle, at your expense, any third party claims against Meltwater related to your breach of these Product Terms. Capitalized terms used in these Product Terms but not defined below are defined in the General Terms and Conditions  or similar agreement governing your use of Meltwater services.

1. Media Relations Database

1.1. You acknowledge that by accessing and using any information regarding journalists or content creators in Meltwater’s journalist database, you will process any Personal Data (as defined under GDPR or the applicable definition under other privacy regulations) as a separate and distinct Independent Controller (as defined under GDPR or the applicable definition under other privacy regulators) of this data and shall comply at all times with any applicable data protection laws.

1.2. You acknowledge, confirm and represent that you shall (i) process the Personal Data solely for the purposes set out in the Agreement and in accordance with any applicable data protection laws; (ii) not use any information regarding journalists or content creators provided by Meltwater for purposes outside of the reasonable expectations of the data subject (such as for general marketing purposes) or in another other way that may violate applicable law; (iii) where applicable, provide necessary fair processing notices and obtain relevant permissions or consents for processing Personal Data as required by any applicable data protection laws; (iv) have a lawful basis to process the Personal Data for your purposes; and (v) implement appropriate technical and organizational security measures in relation to any processing of the Personal Data outside the Platform, which shall ensure a level of security appropriate to the risk and at a minimum shall include all the measures required by any applicable data protection laws.

1.3. You warrant that you shall (i) only send communications to Data Subjects (as defined under GDPR or the applicable definition under other privacy regulations) that are relevant and within the reasonable expectations of the data subject; (ii) promptly respond to and comply with any requests from data subjects to exercise their privacy rights; and (iii) to the extent such requests refer to Meltwater's processing activities, notify Meltwater within 5 business days, of any requests from data subjects to exercise their privacy rights. 

1.4.  You shall notify Meltwater as soon as reasonably practicable upon becoming aware of a personal data breach, not refer to Meltwater in any notification of such breach to any regulatory authority or third party unless required to do so by applicable laws, where so required, provide a copy of any proposed notification to Meltwater and consider in good faith any comments made by Meltwater before notifying the personal data breach to any third parties and, take appropriate measures to address the personal data breach, including measures to mitigate its possible adverse effect.

2. AI Tools

2.1. You acknowledge that the artificial intelligence (“AI”) services provided by Meltwater are designed to assist users in generating content, but may not always be error-free. Meltwater does not guarantee and is not responsible for the completeness, accuracy, legality or reliability of any generated content.

2.2. You agree to review and make appropriate changes to any generated content before further publication or use. You are fully responsible for any inputs that you provide for the AI services and any use of generated content, including with respect to any potential infringement of third party rights, violation of applicable laws and unethical uses such as online abuse and dis/misinformation. Meltwater disclaims any liability for any loss, damage or harm resulting from the use of generated content.

2.3. Where noted, you acknowledge that content may be generated using AI services powered by OpenAI and Microsoft Azure. You understand that the data submitted through these AI services is transferred to these third parties as listed in our sub-processor list.

3. Social Media Content

3.1. Subject to the approval of each social media network mentioned below, you may receive content from such social media network or post content to such social media network pursuant to the Agreement. Meltwater does not guarantee the availability of any content made available by the respective social media networks. You represent that you have read, understand and agree to be bound by each social media network’s respective terms as follows:

3.2. You further agree to take any action requested by Meltwater or the respective social media network to ensure compliance with any applicable terms and policies.  Meltwater or the respective social media network may terminate your access to content if either Meltwater or the respective social media network reasonably believes that you are violating any applicable terms and policies. 

4. Meltwater API

4.1. You acknowledge that the availability of any content through Meltwater’s API may vary depending on jurisdiction and Meltwater does not guarantee the availability of any particular content through the Meltwater API.

4.2. You are not permitted to use the API or any data in any manner that does or could potentially undermine the security of the API or any other data or information stored or transmitted via the API. In addition, you shall not, and shall not attempt to, interfere with, modify or disable any features, functionality or security controls of the API, defeat, avoid, bypass, remove, deactivate or otherwise circumvent any protection mechanisms for the API, or reverse engineer, decompile, disassemble or derive source code, underlying ideas, algorithms, structure or organizational form from the API.

4.3. You are solely liable for any subsequent use of content obtained through Meltwater’s API and shall comply with any terms and conditions of content providers that may apply, including but not limited to requirements related to privacy and security.  You shall comply with any instructions from Meltwater regarding any content made available through the Meltwater API.