GENERAL TERMS AND CONDITIONS OF ADVERTISING ON THE WEBSITE – www.bg-mamma.com
I. GENERAL PROVISIONS
1.1. These General Terms and Conditions of Advertising shall govern the relationship between NEG.BG, UIC 201420169, with registered seat and address of management at 135, G. S. Rakovski Str., entrance 2, floor 1, Sredets District, 1000 Sofia, Bulgaria (hereinafter referred to as “NEG.BG”),and Advertisers, and Advertising Agencies, using the Advertising Services related to the online Advertising Materials placed on the Website of BG-MAMMA (www.bg-mamma.com).
1.2. These General Terms and Conditions of Advertising shall be binding for Advertisers and Advertising Agencies, which shall be certified by their signatures on the Advertising Services Agreement.
1.3. These General Terms and Conditions of Advertising shall constitute an integral part of the Advertising Services Agreement provided by NEG.BG to Advertisers and/or Advertising Agencies. These General Terms and Conditions of Advertising shall govern the rights and obligations of NEG.BG, Advertisers and Advertising Agencies. Parties to the Advertising Services Agreement shall be NEG.BG and Advertiser or Advertising Agency, respectively.
1.4. These General Terms and Conditions of Advertising shall regulate the conditions for providing Advertising Services on the Website of BG-MAMMA (www.bg-mamma.com) for Advertisers.
1.5. Advertisers and Advertising Agencies hereby declare and agree that acceptance of these General Terms and Conditions of Advertising in writing shall not be required and Advertisers and Advertising Agencies shall be considered bound by these General Terms and Conditions of Advertising by virtue of the Advertising Services Agreement and/or Media Plan concluded between the Parties as of the date of its signature.
II. DEFINITIONS
Throughout these General Terms and Conditions of Advertising, the Advertising Services Agreement, and the Media Plan, the following words and expressions, when capitalized (including when used with the definite article and/or plural), shall have the following meanings, except where the context requires otherwise:
2.1. “NEG.BG” shall mean the Joint-stock Company NEG.BG, UIC 201420169, with registered seat and address of management at 135, G. S. Rakovski Str., entrance 2, floor 1, Sredets District, 1000 Sofia, Bulgaria.
2.2. “Advertiser” shall mean a natural or legal person who wishes to place Advertising Materials on the Website of BG-MAMMA (www.bg-mamma.com) against remuneration.
2.3. “Advertising agency” shall mean a legal entity that wishes to ensure for its client – the Advertiser, the placement of Advertising Materials on the Website of BG-MAMMA (www.bg-mamma.com ) against remuneration.
2.4. “Website of BG-MAMMA” shall mean the website www.bg-mamma.com, owned and administered by NEG.BG, including the related profiles on the social networks Facebook, Instagram, YouTube, and LinkedIn.
2.5. “Media Plan” shall mean a scheme for the placement of Advertising Materials, which contains the type and volume of the specific Advertising Materials that shall beplaced on the Website of BG-MAMMA, the value of the requested Advertising Materials, the terms for placement of the same, and all the specifics regarding the duration, sequence, format and all other conditions of the Advertising Materials. The Media Plan should meet the technical, content, and organizational requirements of NEG.BG and be agreed, approved, and confirmed by both parties.
2.6. “Advertising Material” shall mean any form containing advertising content or a message that is placed by NEG.BG on the Website of BG-MAMMA against remuneration.
2.7. “Advertising Service” shall mean the placement of Advertising Material on the Website of BG-MAMMA by NEG.BG against remuneration.
2.8. “Agreement” shall mean an Advertising Services Agreement, regarding the placement of Advertising Materials for the Advertiser on the Website of BG-MAMMA, according to the Media Plan/Plans approved and confirmed by the Parties, signed between NEG.BG and the Advertiser or the Advertising Agency, including all annexes to it.
2.9. “Advertising Rates” shall mean the tariff containing the prices of the Advertising Inventory determined by NEG.BG, available at https://neg.bg/en/advertising-rates/. All prices in the Advertising Rates do not include VAT.
2.10. “General Terms and Conditions of Advertising” shall mean these General Terms and Conditions of Advertising available at https://neg.bg/en/advertising-terms/
III. SUBJECT MATTER
3.1. The Advertiser, respectively the Advertising Agency acting on behalf of its Client – the Advertiser, shall define the parameters of the Advertising Services in the Agreement and the Media Plan.
3.2. Production and processing of Advertising Materials by NEG.BG shall be always agreed upon by the Parties with a separate written agreement, to which these General Terms and Conditions of Advertising apply accordingly.
3. 3. In certain cases, at the discretion of NEG.BG, the approved Media Plan can be implemented independently without concluding an agreement. In this case, the Media Plan shall be binding on the Parties from the moment of its confirmation by both Parties by e-mail.
3.4. In any case, the Advertising Services shall be provided by NEG.BG at the request of an Advertiser/Advertising Agency. Any Media Plan that is agreed, approved, and confirmed by both Parties by e-mail, under the rules of these General Terms and Conditions of Advertising, shall be considered an Order.
3.5. The General Terms and Conditions of Advertising can be changed by NEG.BG. When the General Terms and Conditions of Advertising are changed, NEG.BG publishes them at https://neg.bg/en/advertising-terms/. If the Advertisers and the Advertising Agencies do not object in writing to the changes of the General Terms and Conditions of Advertising within 7 (seven) days of their publication, they shall be considered accepted by the Advertisers and the Advertising Agencies and be binding on them.
IV. REQUIREMENTS FOR THE CONTENT OF ADVERTISING MATERIALS. TECHNICAL REQUIREMENTS
4.1. Advertising Materials of goods, services, or persons that are under a special permit regime according to regulations, without all the necessary documents proving the right to the relevant activity or production shall be prohibited for placement.
4.2. Advertising Materials that can be perceived as offensive, pornographic, contrary to the law and good morals, including those that violate other people’s intellectual property rights shall be prohibited for placement.
4.3. Advertising Materials for goods and services described in Section XI “Inadmissible categories of advertisements” shall be prohibited for placement. The provisions of Section XI “Inadmissible categories of advertisements” may be updated by NEG.BG at any time and the relevant change shall be binding for Advertisers and Advertising Agencies from the date of publication of the change at https://neg.bg/en/advertising-terms/.
4. 4. If an Advertising Material violates certain provisions of these General Terms and Conditions of Advertising and/or legal provisions, NEG.BG, at its sole discretion, may refuse their placement on the Website of BG-MAMMA, or suspend all subsequent placements of the same if they have already been placed.
4.5. NEG.BG shall not be responsible if the Advertising Materials provided by the Advertiser or the Advertising Agency as a whole or their separate elements violate the principles of fair competition or other rights and legitimate interests of third parties.
4.6. The Advertiser/Advertising Agency shall bear full responsibility and guarantee that the Advertising Materials presented by it (individual products, trademarks, logos, etc.) do not violate the provisions of the Copyright Act and its related rights, the Trademarks and Geographical Indications Act, the Protection of Competition Act, Consumer Protection Act, the Radio and Television Act or other provisions of the Bulgarian legislation or rights of third parties, including:
a) do not conceal or misrepresent material defects or dangerous properties of the goods or services being advertised;
b) do not attribute non-existent qualities to them;
c) do not mislead the Users about the properties or usage of the products or services by presenting false data or misleadingly presenting true information;
d) do not use a company name, trademark, or distinctive signs and slogans of another person, which the Advertiser/Advertising Agency has no right to use;
e) do not use elements that could create a false impression about non-existent qualities of the goods or services;
f) does not contain misleading information about prices, price discounts, or other favourable conditions for products or services;
g) are not subject to copyright or other intellectual property rights owned by third parties or the relations with the owners such rights are contractually settled;
h) do not use or provide personal data within the meaning of Regulation EU 2016/679 of the European Parliament and of the Council on the protection of natural persons in connection with the processing of personal data and on the free movement of such data and the applicable Bulgarian legislation or, if such data are used or provided, the relations with the subjects of personal data are contractually regulated.
4.7. The technical requirements for the Advertising Materials shall be published on the website of NEG.BG https://neg.bg/en/advertising-rates/ and be mandatory for all Advertisers/Advertising Agencies. Advertising Materials should comply with the specified dimensions, requirements, and standards.
4.8. NEG.BG shall approve in advance all Advertising Materials according to the technical requirements published on the website of NEG.BG https://neg.bg/en/advertising-rates/. NEG.BG may refuse the placement or stop Advertising Materials that fully or partially violate the technical requirements of NEG.BG.
4.9. If the Media Plan and/or the Agreement between the Parties includes a game/raffle or another similar form, which is organized by NEG.BG at the request of the Advertiser/Advertising Agency, dedicated general terms and conditions shall be drawn up according to the template of NEG.BG, which shall be agreed between the Parties and published on www.bg-mamma.com for the entire period of the game/raffle or the relevant similar Advertising Material.
4.10. If the Media Plan and/or the Agreement between the Parties includes a game/raffle or another similar form, which is organized by NEG.BG at the request of the Advertiser/Advertising Agency, the Parties shall sign an Agreement for the processing of personal data of the participants in the game/raffle, etc., according to the template of NEG.BG under Article 28 of Regulation (EU) 2016/679 on the processing of personal data, which shall become an integral part of the Agreement and/or the Media Plan.
V. PROVIDING, ACCEPTING AND PLACEMENT OF ADVERTISING MATERIALS. REPORTING OF PLACEMENTS
5.1. The advertising materials used for the preparation of the Advertising Materials shall be subject to approval by NEG.BG. If the Advertising Materials and/or given Advertising Materials do not meet the requirements of NEG.BG, the latter shall reserve the right to postpone the placement of the Advertising Material until elimination of the non-compliance with the requirements.
5.2. Advertising Materials shall be placed according to a Media Plan previously approved by the Parties. NEG.BG shall reserve the right, if necessary, to change the sizes and positioning of Advertising Materials, after prior agreement with the Advertiser/Advertising Agency, in which case the remuneration due to NEG.BG shall not change.
5.3. Media Plans shall be sent at least 3 (three) business days prior to the start date set for the placement of Advertising Materials. Exceptions to the specified minimum term shall be allowed at the discretion of NEG.BG. When the Media Plan is sent by an Advertising Agency, it provides NEG.BG with information and data about its client – the Advertiser, for whom the Advertising Materials shall be placed.
5.4. Advertising Materials shall be submitted to NEG.BG no later than 3 (three) working days before the start date specified in the Media Plan.
5.5. NEG.BG shall inspect the Media Plan and shall have the right to send its objections within 1 (one) working day of its receipt, including postponing or refusing the placement of the Advertising Materials. If NEG.BG does not object to the sent Media Plan, it shall be considered accepted and approved by the Parties.
5.6. In the event of objections to the Media Plan by NEG.BG, the Advertiser/Advertising Agency shall take the necessary actions to bring the Media Plan into compliance with the requirements of NEG.BG, specified in the objections, and send the amended Media Plan no later than 1 (one) working day before the start date for placement of the Advertising Materials specified in the Media Plan.
5.7. For each Advertising Service provided through the Website of BG-MAMMA, NEG.BG shall issue an electronic certificate for the realized visualizations and clicks, as well as additional data depending on the specific Advertising Service within 7 (seven) working days from the expiry of the provision period of the specific Advertising Service. A paper certificate shall be issued only upon request and no later than 3 (three) months after the expiration of the period for providing the specific Advertising Service. The certificate shall be issued according to the template of NEG.BG. The Advertiser/Advertising Agency shall have the right to submit a written objection to the certificate issued by NEG.BG within 7 (seven) days from the date of issuance of the certificate. If no objection is submitted within the specified period, it shall be considered that the Advertising Service and the corresponding certificate have been accepted by the Advertiser/Advertising Agency without any comments. If an objection is submitted by the Advertiser/Advertising Agency within the 7 (seven) day period, the Parties shall settle the relations regarding the objection additionally, through negotiations among themselves.
5.8. For Advertising Services with content, analyses shall prepared and sent at the discretion of NEG.BG within 10 (ten) working days after the expiration of the period for providing the relevant Advertising Services. The analysis shall be provided according to the template of NEG.BG.
5.9. NEG.BG shall not be responsible for technical problems that are due to reasons beyond the control of NEG.BG, when providing Advertising Services.
5.10. In case the Advertiser/Advertising Agency wishes to use additional codes for tracking statistics, it should inform NEG.BG in order to carry out additional technical settings. NEG.BG shall not be engaged with results from other systems, except its own advertising software, which shall be considered official when providing specific Advertising Services.
VI. PRICES AND METHODS OF PAYMENT
6.1. The unit prices of NEG.BG for providing Advertising Services shall be defined in the Advertising Rates. Based on the unit prices in the Advertising Rates, the tariffs that are due to NEG.BG shall be calculated.
6.2. The total price for the provision of the Advertising Services, as well as the prices of each individual Advertising Material, for a given Advertiser/Advertising Agency, shall be determined in the Media Plan and/or in the Agreement.
6.3. NEG.BG shall issue and send an invoice to the Advertiser/Advertising Agency after approval and confirmation of the Media Plan.
6.4. The remuneration due shall be paid by the Advertiser/Advertising Agency, within 5 (five) working days before the start date for placement of the Advertising Materials specified in the Media Plan, to the bank account of NEG.BG specified in the invoice, unless agreed otherwise in the Agreement/Media Plan.
6.5. Specific terms and methods of payment may be specified in the Media Plan and/or in the Agreement.
6.6. In case of delay in payments, the Advertiser/Advertising Agency shall owe a penalty to NEG.BG in the amount of 0.1 % of the value of the relevant payment for one day of delay, but no more than 30% of the due remuneration. If payments are delayed for more than 30 (thirty) days, NEG.BG shall have the right to stop the placement of all Advertising Materials, without owing the Advertiser or the Advertising Agency any notice or compensation. If payments are delayed for more than 45 (forty-five) days, NEG.BG shall have the right to terminate the Media Plan and/or the Agreement with notification to the Advertiser/Advertising Agency without owing any notice or compensation.
6.7. NEG.BG shall have the right to determine and grant discounts to Advertisers/Advertising Agencies, upon fulfilment of specific conditions agreed upon between the Parties. The conditions for providing discounts, as well as the discounts themselves, shall be defined in the Media Plan and/or in the Agreement.
6.8. The Advertiser/Advertising Agency shall be protected from a possible increase in the Advertising Rates only within the limits of the already requested and/or prepaid Media Plans. In the event of an increase in prices under the Advertising Rates, NEG.BG shall notify the Advertisers and the Advertising Agencies of the change within 7 (seven) days before the price increase takes effect. The remuneration for all Advertising Services that have not been requested and/or paid by the effective date of the price increase under the Advertising Rates shall be due according to the amended Advertising Rates.
VII. DEADLINE. TERMINATION
7.1. The term for the provision of Advertising Services for placement of Advertising Materials on the Website of BG-MAMMA shall be determined by the Parties in the Agreement and/or in the Media Plan.
7.2. The relationship between the Parties may be terminated:
7.2.1. by mutual written agreement of the Parties;
7.2. 2. by either party upon 30 days’ unilateral written notice to the other party;
7.2.3. unilaterally by each of the Parties with a 14-day written notice addressed to the other Party, in case of non-fulfilment of the obligations under the Agreement, and/or the Media Plan, and these General Terms and Conditions of Advertising;
7.2.4. by filing an application for bankruptcy and/or liquidation of any of the Parties;
7.2.5. upon expiration of the Agreement for placement of the Advertising Materials, in accordance with the Media Plan.
7.3. In case of delay in the payment of remuneration for more than 15 (fifteen) working days, NEG.BG shall have the right to terminate the Agreement and/or the Media Plan without notice and to demand payment of all expenses incurred in the preparation for placement of the Advertising Materials, as well as the price of the Advertising Materials already placed.
7.4. In all cases of early termination of the Agreement and/or the Media Plan, all unpaid expenses incurred in preparing for the placement of Advertising Materials, as well as the unpaid prices for the Advertising Materials placed up to the time of termination, shall be due on the date of termination.
VIII. RIGHTS AND OBLIGATIONS OF ADVERTISERS AND ADVERTISING AGENCIES
8.1. Advertisers and Advertising agencies shall pay the tariffs owed to NEG.BG for the provided Advertising Services for placement of Advertising Materials on the Website of BG-MAMMA. Advertising Agencies shall owe tariffs to NEG.BG regardless of whether they have received payment from the respective Advertisers.
8.2. Advertisers and Advertising Agencies shall comply with the technological deadlines of NEG.BG. Advertisers and Advertising Agencies shall present the Advertising Materials in a format and size, according to the technical, content, and organizational requirements and specifications of NEG.BG.
8.3. If NEG.BG does not participate in the preparation of Advertising Materials the Advertisers and Advertising Agencies shall provide the Advertising Materials defined in the Media Plan in a form that is ready for placement, according to the technical requirements of NEG.BG.
8.4. Advertisers and Advertising Agencies shall have the right to inspect the quality of the Advertising Services at any time during the period of providing the Advertising Services for placement of Advertising Materials on the Website of BG-MAMMA, provided that they do not interfere with the activities of NEG.BG.
8.5. Advertisers and Advertising Agencies shall be responsible for paying taxes due on the income of natural persons, which taxes may arise in accordance with Bulgarian tax legislation in connection with the provision of prizes from organized games when games with prizes are provided for in the Media Plan as part of the agreed Advertising Services.
IX. RIGHTS AND OBLIGATIONS OF NEG.BG
9.1. NEG.BG shall provide the Advertising Services for the placement of Advertising Materials on the Website of BG-MAMMA with the care of a good merchant and in accordance with the Media Plan agreed in advance between the Parties.
9.2. NEG.BG shall have the right to amend the Advertising Rates at any time by announcing its update at least 5 (five) working days in advance on the website of NEG.BG or to the e-mail address of the Advertiser/Advertising Agency specified in the Agreement. Changes to the Advertising Rates shall not affect Media Plans that have been already approved.
9.3. NEG.BG shall inspect and accept the orders of the Advertisers and Advertising Agencies in a timely manner, making all its objections to the presented Media Plans and Advertising Materials within 1 (one) working day of their receipt.
9.4. If the Advertising Materials are not placed in accordance with the adopted Media Plan due to the fault of NEG.BG, NEG.BG shall ensure, at the option of the Advertiser/Advertising Agency the placement of the Advertising Materials in another appropriate manner, for the same value for which the order was placed, and the Advertiser/Advertising Agency shall not owe additional remuneration.
9.5. If a given Advertising Material in any form violates provisions of the current legislation and/or of these General Terms and Conditions of Advertising, NEG.BG shall suspend all placements, including subsequent placements of the respective Advertising Material.
9.6. NEG.BG shall notify the Advertisers/Advertising Agencies within 1 (one) working day after receiving Advertising Materials that are unsuitable for placement.
9.7. NEG.BG shall have the right to demand from the Advertisers/Advertising Agencies the provision of any materials, data, and information necessary for the placement of the Advertising Materials defined in the Media Plan.
9.8. NEG.BG shall have the right to refuse the placement of Advertising Materials if the remuneration due is not paid on time.
9. 9. NEG.BG shall provide the Advertisers/Advertising Agencies upon request, with statistical and other analyses in connection with the placed Advertising Materials.
X. LIABILITY
10.1. An Advertiser/Advertising Agency can cancel a requested order no later than 3 (three) working days before the start date for placement of the Advertising Materials, specified in the relevant Media Plan, and in the event of a cancelation at a later stage, it shall owe a penalty to NEG.BG in the amount of 10% of the value of the entire remuneration due according to the Media Plan, and/or the Agreement.
10.2. NEG.BG shall not be responsible for the effectiveness of the placement of the Advertising Materials, insofar as it has complied with the requirements of the Advertiser/Advertising Agency and the applicable technical requirements.
10.3. If NEG.BG does not perform or inaccurately performs the Advertising Services, NEG.BG shall compensate the Advertiser/Advertising Agency with up to 20% of the net value of the remuneration for the Advertising Services, specified in the Media Plan during the period of validity of the relevant Media Plan or with subsequent orders for the Advertising Services.
10.4. If the Advertiser/Advertising Agency violates these General Terms and Conditions of Advertising, the Media Plan and/or the Agreement between the Parties, the Advertiser/Advertising Agency shall owe a penalty to NEG.BG in the amount of 20% of the value of the entire remuneration due according to the relevant Media Plan and/or the Agreement.
10.5. NEG.BG shall not be responsible for non-performance or inaccurate performance if it is due to objective circumstances beyond its control.
10.6. NEG.BG shall not be responsible for the reliability, topicality, and completeness of the information contained in the Advertising Materials provided by the Advertiser/Advertising Agency and placed by NEG.BG.
10.7. In case of delayed payment of tariffs due by the Advertiser/Advertising Agency, NEG.BG shall not be responsible for the non-executed placement of Advertising Materials during the period of delay of the Advertiser/Advertising Agency, as well as no obligation for the placement of the Advertising Materials for the period of delay. Non-placement of Advertising Materials due to the delay of the Advertiser/Advertising Agency shall not lead to a change in the remuneration for the Advertising Services specified in the Media Plan and/or the Agreement.
10.8. If, as a result of non-fulfilment of obligations of the Advertiser/Advertising Agency under these General Terms and Conditions of Advertising and/or under the Agreement and/or Media Plan, and/or due to incorrect data and declarations provided by the Advertiser/Advertising Agency and/or due to actions or inactions of the Advertiser/Advertising Agency, administrative and criminal sanctions are imposed on NEG.BG for violation of the current legislation and/or any demands, claims, and/or claims are presented to it by third parties related to the Advertising Materials provided by the Advertiser /Advertising agency, the Advertiser/Advertising agency shall reimburse NEG.BG for the imposed sanction and/or the submitted claim (including, but not limited to, compensations paid to such persons, the costs of legal proceedings and costs incurred for attorney’s fees in connection with such demands, claims, and/or claims). The provision shall be applicable after termination of the Agreement and/or the Media Plan. NEG.BG shall immediately notify the Advertiser/Advertising Agency of any requests and claims addressed to them in connection with the Advertising Materials.
10.9. NEG.BG shall not be responsible for failure to provide services in the event of circumstances beyond the control of NEG.BG – e.g. all cases of force majeure, random events, problems in the global Internet network, and the provision of services beyond NEG.BG’s control, as well as in case of unregulated access or intervention of third parties in the functioning of the activity of NEG.BG.
XI. INADMISSIBLE CATEGORIES OF ADVERTISEMENTS
11.1. Misleading advertisements and comparative advertisements shall be prohibited.
11.1. 1. “Advertisement” shall mean any communication in connection with a trade, occupation, craft, or profession intended to promote the realization of goods or services, including real estate, rights, and obligations.
11.1.2. “Misleading advertisement” shall mean any advertisement which in any way, including through its presentation, misleads or is likely to mislead the persons to whom it is addressed or by whom it is received and is likely to influence their economic behaviour or may adversely affect or has adversely affected a competitor;
11.1.3. “Comparative advertisement” shall mean any advertising that directly or indirectly mentions the competitor or the goods or services offered by the competitor.
11.2. Surrogacy (“substitute motherhood”) and mediation for the provision of surrogacy are not permissible in Bulgaria. Advertising of this activity, related to it, or similar to it, as well as any other activity that is not legally permissible in the country, shall also be treated as not permissible.
11.3. According to the rules of the Website of BG-MAMMA and the established policy of NEG.BG, the publication of any kind of advertising of political parties, formations, and platforms, as well as advertising and promotion of initiatives, research activities, online activities, in-person events, and other activities related to them shall be prohibited on the Website of BG-MAMMA,
11.4. According to the recommendations of the World Health Organization and the applicable European legislation in the field, and according to the national legislation of the Republic of Bulgaria, the advertising of food and milk for infants under the age of 12 shall be prohibited.
11.4.1. According to the rules of BG-MAMMA and the established policy of NEG.BG, the publication of advertisements whose content circumvents the prohibitions specified in Clause 11.4., by providing information in such a way that the advertised foods are not treated as such for infants shall be also prohibited. In case the Advertiser/Advertising Agency wishes to publish an advertisement of such foods, the content of the advertisement shall be analysed on a case-by-case basis.
11.5. Direct advertising of spirits (liquids intended for consumption, which contain at least 15 percent of ethyl alcohol by volume) in the Republic of Bulgaria shall be prohibited. Only indirect advertising of spirits shall be permitted. Direct advertising of wine and beer shall be permissible.
11.5.1. Advertising of wine and beer and indirect advertising of spirits shall necessarily meet the cumulative requirements for this type of advertising strictly established in the Health Act.
11.5.2. NEG.BG does not guarantee the actual age of the users of the Website, even though the users declare that they are over the age of 14 when registering on the Website of BG-MAMMA according to the requirements of the GDPR.
11.6. According to the rules of BG-MAMMA, the established policy of NEG.BG, and the provisions of the Act on Tobacco and on Tobacco and Related Products the advertising of tobacco and related products shall be prohibited. Audio and visual commercial communications for e-cigarettes and refillable containers shall be also prohibited.
11.7. According to the rules of BG-MAMMA and the established policy of NEG.BG the advertising of any kind of bets, gambling halls, gambling games, and any gambling activities shall be prohibited on the Website of BG-MAMMA.
11.8. Regardless of the fact that users declare that they are over the age of 14 when registering on the Website of BG-MAMMA, in accordance with GDPR requirements, NEG.BG does not guarantee the actual age of users of the Website of BG-MAMMA, as well as the actual age of visitors and registered users to be over the age of 18. Given this, the ability to advertise products and services aimed entirely at an audience over the age of 18 shall be strictly limited.
11.9. NEG.BG shall allow advertisements/educational campaigns for vaccines from the national immunization plan, including partially recommended vaccines, such as varicella vaccine, rotavirus, etc.
11.9.1. According to the rules of the Website of BG-MAMMA and the established policy of NEG.BG, the advertising of cervical cancer vaccines, and non-EU approved vaccines, shall be prohibited on the Website of BG-MAMMA, regardless of their kind.
11.10. Online advertising of prescription medicinal products shall be prohibited.
11.10.1. It shall be only allowed advertising of medicinal products that are dispensed without a doctor’s prescription and only for which a use permit has been issued in accordance with the Medicinal Products in Human Medicine Act.
11.10.2. The advertising of medicines shall be subject to a special permit regime. In order to advertise these products, permission from the Bulgarian Drug Agency shall be required, and the application for permission to advertise a medicinal product shall be submitted by the holder of the permit or a person authorized by him for the use of the medicinal product.
11.10.3. When placing advertisements of medicinal products, NEG.BG shall monitor the validity of a permit issued by the Bulgarian Drug Agency to advertise the relevant product, including the compliance with the legal requirements for the admissibility of this category of advertisements, namely:
- The content of the advertisement shall correspond to the data from the Summary of Product Characteristics approved during the authorization for use;
- To advertise only the indications specified in the authorization for use;
- The advertisement of a medicinal product shall direct only to its correct use, presenting objectively the therapeutic indications of the medicinal product, without exaggerating the possibilities of treatment, prevention, or diagnosis with the medicinal product;
- Shall not contain misleading information;
- Shall not contain an offer and/or promise of a gift and/or other pecuniary or non-pecuniary benefit;
- A medical specialist or a person pretending to be a medical specialist may not directly or indirectly advertise medicinal products in print and/or electronic media, as well as on the Internet.
11.10.4. When placing advertisements for dietary supplements, NEG.BG shall ensure compliance with the legal requirements for the admissibility of this category of advertisements, namely:
- The label, presentation, and advertising of dietary supplements shall not attribute to them any properties for the prevention, treatment, or curing of human diseases, nor refer to such properties;
- The label, presentation, and advertising of dietary supplements shall not contain any text or suggest that a balanced and varied diet cannot provide the necessary amounts of nutrients.
11.11. According to the rules of BG-MAMMA and the established policy of NEG.BG the advertising and placement of advertisements of loans provided by institutions and/or persons other than banks licensed by the Bulgarian National Bank and/or branches of foreign banks on the Website of BG-MAMMA shall be prohibited.
XII. PERSONAL DATA
12.1. The Parties agree that the processing of personal data that identifies natural persons (including name, social security number, address, telephone, e-mail, workplace data, position, etc.) exchanged between them at and/or on the occasion of the execution of the Agreement and/or the Media Plan shall be carried out in accordance with the requirements of Regulation EU 2016/679 of the European Parliament and of the Council on the protection of natural persons with regard to the processing of personal data and on the free movement of such data and the applicable Bulgarian legislation.
12.2. Data processing shall be carried out in strict compliance with the requirements of the applicable legislation only for the purposes of concluding and implementing these General Terms and Conditions of Advertising, the Agreement, and the Media Plan, and for the protection of the Parties’ legitimate interests in the event of non-fulfilment.
12.3. By signing the Agreement and/or the Media Plan, each Party declares that all of its employees and/or third parties whose contact details are provided to the other Party, regardless of whether they are listed in the Agreement and/or the Media Plan or otherwise provided, shall be received by such persons and provided to the other party in a manner consistent with the requirements of applicable data protection legislation, including the General Data Protection Regulation and the Personal Data Protection Act.
12.4. Each of the Parties may provide the personal data provided by the other Party to persons to whom it has entrusted the processing of personal data for organizational reasons and/or to comply with a legal obligation (processing and sending of correspondence, software maintenance, access control, storage of documents, etc.) to auditors, accountants and/or accounting firms, lawyers and/or law firms, including authorities, institutions and/or persons, in the cases provided for in a regulatory act and to which this Party refers to protect its rights and legitimate interests.
12.5. Each Party shall agree that the other Party has the right to store, use, and process this data in connection with the execution of the Agreement and the Media Plan, for the term of validity of the Agreement and/or the Media Plan, and for a period of 5 (five) years after its termination, unless a longer period is provided for in the relevant legislation. The data shall be used, processed, and stored in connection with the fulfilment of the obligations of each of the Parties to store the accounting documents prepared in connection with the Agreement and/or the Media plan, settlement of complaints, and other claims of the other Party, collection of receivables from the other Party and others activities arising from the law, the Agreement and/or the Media plan and/or legitimate interest, including sending up-to-date information about services, promotions, discounts, and bonuses to the other Party by e-mail, SMS or phone using the provided contact data. After the expiration of the specified terms, the Parties shall delete or anonymize the personal data, unless there are other grounds for their processing.
XIII. CONFIDENTIALITY
13.1. The Parties shall treat the information under the Agreement and the Media Plan as a trade secret with the strictest confidentiality. The Parties shall not distribute and/or communicate to third parties any information under the Agreement and the Media Plan and/or information in connection with the implementation of the subject of the Agreement and the Media Plan. The Advertiser/Advertising Agency shall limit the access to information under the Agreement and the Media Plan only to those of its employees who need it to fulfil its purpose and to ensure that each such employee complies with the obligations specified in this clause. The Advertiser/Advertising Agency shall be fully responsible for any violation of the confidentiality obligations of the persons to whom the Advertiser/Advertising Agency has disclosed confidential information.
13.2. The obligation of confidentiality shall not apply to information the disclosure of which is required by law; information that is necessary to protect a legitimate interest of a Party to the Agreement and/or the Media Plan before the competent court; information that was in the possession of the receiving party prior to its disclosure; information that was in the public domain at the time of disclosure or becomes part of the public domain without breach of confidentiality obligations; information that is disclosed by a third party without breach of the confidentiality obligation owed to the Disclosing Party, or; information that was independently developed by the Receiving Party who has no access to confidential information.
13.3. Information related to the organization and commercial activity of a Party under the Agreement and the Media Plan, including financial and accounting information, prices, discounts, software solutions, information on special projects, information, mechanisms, and materials for creating and placement of Advertising Materials, personnel data, personal data, inventory, utility models, know-how, technological solutions, and instances of the Parties’ practice shall be considered confidential, except for the information that a Party has expressly designated as non-confidential, of generally known facts or publicly available information of a Party (for example, information revealed by a Party through commercial advertising, statements to the media, information on its public website, etc.). Any information on the clients of the Parties that has become known to them in connection with their joint activity, subject to the Agreement and/or the Media Plan, shall also be confidential.
13.4. Information regarding the essential elements of the Agreement and/or the Media Plan may be distributed after mutual written agreement between the Parties.
13.5. Each Party shall not use the confidential information exchanged between the Parties for purposes other than those agreed in the Agreement and/or the Media Plan. The Parties shall keep the confidential information strictly confidential and shall not disclose any part of it to third parties unless agreed otherwise in the Agreement and/or the Media Plan, or when this is required for the fulfilment of the obligations under the Agreement and/or the Media Plan. The Parties shall undertake the necessary measures to prevent unauthorized access to the confidential information exchanged between the Parties.
13.6. In the event of a breach of the confidentiality clauses, the Defaulting Party shall owe the Non-Defaulting Party compensation for the damages caused.
XIV. GENERAL PROVISIONS
14.1. These General Terms and Conditions of Advertising shall be governed and interpreted according to Bulgarian law.
14.2. All disputes arising from the Agreement and/or the Media Plan and/or these General Terms and Conditions of Advertising or relating to them shall be settled between the Parties through negotiations, and in the event that they cannot be settled voluntarily, they shall be referred for resolution by the competent Bulgarian court in the city of Sofia.
14.3. The Parties to the Agreement and/or the Media Plan shall send all notifications to each other only in writing to the addresses indicated by the Parties in the Agreement and/or the Media Plan, including by e-mail. If one of the Parties does not promptly notify the other Party of a change of address under the Agreement and/or the Media Plan, it shall be considered that the messages sent to the previously announced address have been duly received.
14.4. All notices in connection with the Agreement and/or the Media Plan shall be delivered by courier, registered mail, or e-mail. Notices sent by e-mail shall be considered delivered if the addressee has responded to the notice or acknowledged its receipt. Written communications shall be considered received by the Parties if they have reached the address indicated by them.
14.5. The possible invalidity of any of the provisions of the Agreement or the General Terms and Conditions of Advertising shall not lead to the invalidity of the entire Agreement and/or the General Terms and Conditions of Advertising.