1.1. Consumer Complaints Plug-in (“CC Plug-in”) is a software application provided to you and to the national Self-Regulatory Organisations (“SROs”) by the European Interactive Digital Advertising Alliance a non-profit association (AiSBL) with registered office at Rue des Deux Eglises 26, 1000 Brussels, Belgium and company number BE 0846.790.105 (“EDAA” or “we” or “us”).
1.2. The role of national Self-Regulatory Organisations (“SROs”) as identified in the Privacy Policy is limited to the promotion of the “CC Plug-in” and those obligations detailed at clause 5 of these Terms of use. Any other obligations owed to you under these Terms of use relating to “CC Plug-in” are owed by EDAA, and not by SROs.
1.3. EDAA is offering you “CC Plug-in” as a free service, which is conditioned on your acceptance, without any modification whatsoever to the following terms, conditions, and notices. By using “CC Plug-in” you are acknowledging your full compliance to the terms and conditions listed here. As a condition of your use of “CC Plug-in”, you warrant to EDAA that you will not use “CC Plug-in”, or any of the content obtained from “CC Plug-in”, for any purpose that is unlawful or prohibited by these Terms of use. If you violate any of these Terms of use, your permission to use the service automatically terminates. If you choose not to agree with any of these Terms of use, you may not use “CC Plug-in”.
2.1. The web browser application “CC Plug-in” enables you to report to SROs web advertisements you may encounter on the Internet, due to their offensive or inappropriate nature for instance. The national SRO from your location will collect information and handle your complaints submitted through the “CC Plug-in”, especially in relation to Online Behavioral Advertising.
2.2. To benefit from “CC Plug-in”, you need to install the application on your device through the web browser Plug-ins repositories or any other website where “CC Plug-in” may be available.
2.3. To use “CC Plug-in”, you must be 18 years old or more, or possess legal parental or guardian consent, and be able to enter into these Terms of use.
3.1. EDAA grants you a limited, non-exclusive, non-transferable and non-sublicensable right to use this application “CC Plug-in” in the latest version including updates and other features subject to these Terms of use. The right of usage shall expire upon the termination of the legal relationship.
3.2. EDAA and their licensors own all proprietary rights in “CC Plug-in”. You will not have any right to “CC Plug-in” apart from the right to use “CC Plug-in” in line with these Terms of use. You are not allowed to modify, copy, disassemble, reassemble, distribute, publish, reverse engineer, build a derivate or duplicate the application, its components, services or features. You are only allowed to use “CC Plug-in” for your own benefit and you are not allowed to make the application available to third parties. The use of “CC Plug-in” for commercial purposes is prohibited.
3.3. Nothing in these Terms of use affects any legal rights you have as a consumer. For more information about your legal rights contact your local consumer advisory body./p>
4.1. “CC Plug-in” is free of any charge nevertheless downloading or accessing the “CC Plug-in” will use data, for which your existing agreement with your Internet service provider for data usage will apply.
5.1. No prior registration is needed for the use of the “CC Plug-in”. Nevertheless you will have to complete the registration and complaint process in relation to your use of the “CC Plug-in” and the information provided by you will be provided to your local SRO.
5.2. Your local SRO will process your data in accordance with its Privacy Policy
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5.3. Please note that data transfer via Internet may entail security risks. Absolutely secure protection of the data against third parties is not possible, although the applicable security measures with regard personal data will be adopted pursuant to applicable data protection laws and regulations.
5.4. On termination or your deletion of “CC Plug-in”, all of your data may not be deleted as per the provisions of the SROs’ Privacy Policy.
6.1. You can stop using “CC Plug-in” at any time. EDAA may suspend, end or change “CC Plug-in” immediately for any reason, including where repair or maintenance work is needed. We may add new features from time to time and have no obligation to offer any particular features via “CC Plug-in”. We can withdraw “CC Plug-in” at any time.
7.1. “CC Plug-in” may not work with all equipment and web browsers. You will need to check that your equipment and web browser is compatible with “CC Plug-in” before installation.
7.2. “CC Plug-in” is provided on an “as is” and “as available” basis, for your personal use only. You understand and expressly agree that use of EDAA services are at your sole risk and that you will be solely responsible for any damage to your equipment or loss of data that results from your use of “CC Plug-in” not in line with the following terms and conditions or which may infringe any applicable law.
7.3. EDAA makes no warranty that “CC Plug-in” will meet your requirements, or that “CC Plug-in” will be uninterrupted, timely, secure, or error free; nor does EDAA make any warranty as to the results that may be obtained from the use of “CC Plug-in”, or as to the accuracy or reliability of any information obtained through “CC Plug-in” or that defects in “CC Plug-in” will be corrected.
7.4. EDAA expressly disclaims, to the fullest extent permitted by applicable law, any further representations, warranties, conditions or other terms, express or implied, by statute, collaterally or otherwise, including but not limited to implied warranties, conditions or other terms of satisfactory quality, fitness for a particular purpose or reasonable care and skill.
Save as provided below, EDAA disclaims all, and shall not be liable in contract, tort (including, without limitation, negligence), statutory duty, pre-contract or other representations (other than fraudulent misrepresentations) or otherwise arising out of or in connection with “CC Plug-in” and these Terms of use for: (a) consequential, indirect or special loss or damage; (b) any loss of goodwill or reputation; or (c) any economic losses (including loss of revenues, profits, contracts, business or anticipated savings), in each case whether advised of the possibility of such loss or damage and howsoever incurred.
Save as provided below, the maximum liability of EDAA in contract, tort (including, without limitation, negligence), statutory duty, pre-contract or other representations (other than fraudulent misrepresentations) or otherwise arising out of or in connection with these Terms of use, and each part thereof, including its execution and performance, shall, in respect of any one or more events or series of events (whether connected or unconnected) taking place within any twelve month period, be limited to 5 Euros.
Nothing in these Terms of use shall exclude or limit liability for death or personal injury resulting from the negligence of either party or their agents or employees acting in the course of their duties or exclude or limit any liability of a party that may not be excluded under applicable law.
7.5. EDAA will in no event be responsible for any content or services provided by a third party. To clarify, all offers and other services, which may be accessed by using “CC Plug-in” constitute third-party content. EDAA will in no event be responsible for any breaches by you of these Terms of use in relation to any content and services provided by a third party.
7.6. EDAA may provide links to other websites or resources. You acknowledge and agree that EDAA is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources. You agree that EDAA shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on such external sites or resources.
8.1. In order to be eligible for some specific services of “CC Plug-in”, you may have to download software or content and/or have to agree to additional terms of use (hereinafter “additional conditions”) by a third party (including but not limited to web browser editors). The use of specific features – especially those which require an approval of additional conditions – can be limited to specific users and/or user groups.
8.2. EDAA reserves the right to adjust these Terms of use to new legislation, technology, services or amend them for other reasons. After the modifications of the Terms of use, the use of “CC Plug-in” and its services will be subject to the amended Terms of use. If you do not agree with the modifications, you must cease using “CC Plug-in” immediately. If you are still using “CC Plug-in” after the amendments, this shall be seen as implicit but certain approval of the amended Terms of use.
8.3. If any of these terms cannot be enforced by any court or other authority we will delete it from these Terms of use and it will not affect the rest of these Terms of use.
8.4. We may allow another person to perform any of our obligations under these Terms of use on our behalf. You agree that we may transfer our rights and obligations under these Terms of use to another entity.
8.5. These Terms of use and “CC Plug-in” will be governed exclusively by the laws of Belgium. Any disputes will be dealt with by courts of Brussels subject to any applicable law, which provides a different jurisdiction for you as a consumer.