Article I. INTRODUCTION
(1) PROTECT ADS is a SaaS (software-as-a-service) software that allows clients to filter inefficient and/or deceitful access on their online platforms or websites to improve their businesses' advertising.
(2) The present stipulations are conventional provisions between PROTECT ADS S.R.L. SOCIETY (subsequently mentioned as PROTECT ADS), having its residence in Cluj-Napoca city, Tulcea Street, nr. 6, building M1, 2nd entrance, flat 38, Cluj County, Romania and you. PROTECT ADS SOCIETY was registered at the National Trade Register Office in Romania, having its Tax Registration Number (C.U.I) 47497543, EUID: ROONRC.J12/297/2023, the number of order at the Trade Association: J12/297/25.01.2023, e-mail address [email protected]. The purpose of the contract is to offer digital services in terms of access to the software created by us and intended to filter inefficient or fraudulent hits upon your website and/or your company’s app.
(3) The present terms and conditions also include the Privacy Policy (Article XVII), the Cookie Policy (Article XI) and the data processing clauses concluded on behalf of the user (Article XVIII), which form an integral part of the contract.
Article II. CONSENT OF STIPULATIONS
(1) Your consent to the present stipulations results from your subscription to the services offered by PROTECT ADS. The subscription process to the services provided by PROTECT ADS resides in creating an account on www.protectads.com, which means introducing personal data and information mentioned in article IV, second paragraph. Simultaneously, you create a password known only to you.
(2) The services provided by PROTECT ADS are addressed exclusively to legal persons and professionals (B2B relationships). By creating an account, you declare and warrant that you act on behalf of a legal person or as a professional, that you have the legal capacity to conclude the present contract and that you are at least 18 years old.
(3) If you do not agree with the present terms and conditions, in whole or in part, please do not create an account and do not use the services provided by PROTECT ADS.
Article III. DEFINITIONS
(1) “SaaS”-“software-as-a-service”, is a type of digital product which offers the delivery and patent of the software accessed by final users (clients) online. The clients pay a regular subscription fee in order to benefit from the services offered by this software.
(2) “software”-or computer program- is a pack of instructions used through a computer to obtain specific results.
(3) “database”-is a way of storing data and information on an external HDD (storage device) which has millions of elements, each element holding quantities of data which must be accessed simultaneously via the Internet by thousands of users spread globally.
(4) “software patent”-is the way of assigning (conveying) the rights to use or deliver a computer program (software) from the provider to the user.
(5) “account”- refers to the authentication method on www.protectads.com, which offers users access to our services.
(6) “Script”-is a code that the user must upload on the website or platform they legally own in order to be able to benefit from the services offered by PROTECT ADS.
(7) “Click”-is the unit that informs on the number of times accesses the client has on his/her platform (website, app, etc.).
(8) “Click fraud”-is a type of fraud used within the advertising services and paid per click, meaning that a person or a computer program applies several click-on to generate costs for the beneficiary of the advertisement. This type of click-on is defined as inefficient in connection with the purpose of the advertisement fulfilled by the beneficiary.
(9) “Subscription fees” are the amount of money users deliver to access the services offered by PROTECT ADS. The subscription fees are a fixed sum of money mentioned when the user is on the verge of creating his/her account, plus the VAT (value-added tax). These sums of money are transferred from the user’s credit card, the same user whose personal information was used when creating the account on www.protectads.com. Subscription fees for the services offered by PROTECT ADS require payment once at 30 days or 12 months from the beginning of service use.
(10) “Analytics”-stands for the summary/overall statistics offered by PROTECT ADS to their users who can observe the activity of the software. The Analytics section can be accessed only online, this being posted on www.protectads.com
(11) “server cloud”-is where data processed by the software are stored and where the user can access them.
(12) “Availability term”-is the period available to the user in order to use the service offered by PROTECT ADS. This availability term is 30 days or 12 months, beginning when the account was created. The period of access to the services provided by PROTECT ADS is automatically extended to 30 days or 12 months after the user pays the necessary fee.
(13) “Third parties”-are persons or IT programs that access the user’s platform (website or app), assuming they have an online advertising service, through click-on.
(14) “online advertising service”-is the specific service chosen by the user from an online advertising platform which works upon the website or app to promote the products or services offered by that website.
(15) “data”-data are the information collected, stored, and processed by PROTECT ADS and available to the user on the main panel of the platform www.protectads.com
(16) “know-how”-is the specific knowledge regarding the offered product, acquainted by PROTECT ADS and obtained through research and development studies and through the combination of different elements, ideas, and knowledge that lead to the finite product.
(17) “user”-any legal person who legally owns a website or application run by an online advertising service and who chooses the services offered by PROTECT ADS once creating the account on the virtual platform entitled www.protectads.com
(18) “phishing method”-is one way of obtaining access to the person’s or the legal entity’s bank account, credit card, or ID card through means of a website or application, leaving the impression that the specific virtual platform is legitimate or similar to a legitimate one, resulting in the user who accesses it to offer personal information such as numbers of their bank account, banking information, passwords of certain accounts, etc.
(19) “unsecured URL”-is a link created purposefully to share malware or to deceive the user. Frequently, the process appeals to social engineering techniques in order to encourage the user to click on the URL and, thus, release malware or content that reaches the inside interface of the device and damages its system.
(20) “malware”-damaging software intended to affect a computer or to insert in it, thus ruining and damaging the entire network without the owner’s consent.
(21) “scale”-is an indicator which measures the efficiency of the system if the dimension of the issue or number of demands intended for increases.
(22) “patches”- a set of modifications to the software (computer program) or to its supporting data designed to update, fix, or improve it. This includes diminishing security vulnerabilities and other bugs (errors), patches usually being some bugs or corrections of errors inserted to strengthen the capacity of usage or the performance.
(23) “B2B relationship”-is the contractual relationship between two legal persons.
(24) “cookies”-are files where information about the user, the user’s browser, and the user’s actions in the online environment are stored. These small files are kept on the user’s device to be processed by websites or applications intended to adjust the user’s online experience.
(25) “newsletter”- an online publication sent via email to subscribers or users, informing them about the new product.
(26) “giveaway”-a product offered by PROTECT ADS to its users or potential users who participate in the contest organised by us, thus, maintaining existing clients and informing potential ones.
(27) “free trial period”-the limited period of time, communicated on the platform, during which the user can test the services provided by PROTECT ADS without paying subscription fees.
(28) “controller” and “processor”-have the meaning provided by art. 4 of Regulation (EU) 2016/679 (GDPR).
Article IV. ACCESS TO SERVICES
(1) Access to services offered by PROTECT ADS is possible through creating an account on the virtual platform www.protectads.com
(2) The necessary information to create the access account are the following:
- the name of your company or firm;
- phone number;
- e-mail;
- country;
- industry type (business field);
- VAT;
- the address of the headquarters;
- postal code;
- city;
-the nature of the website (its intended target field) you want to apply our services on;
(3) Once all the necessary data are filled in, the subscription fees are paid to PROTECT ADS and transferred from the user’s credit card to the provider (PROTECT ADS).
(4) To access the services offered by PROTECT ADS, the user must follow the steps required on the virtual platform www.protectads.com
(5) The user is fully responsible for his/her ID (or email introduced to create the access account) and his/her password. Our suggestion is for the user to create a strong password and to change it periodically in order to reduce the risk of illegal access to his/her account by a third party.
(6) The user assumes full responsibility if the service offered by PROTECT ADS is used by a third party as a result of choosing a weak password. PROTECT ADS is not responsible for data loss or damage in this case and cannot be considered liable.
(7) If the user observes illegal access to his/her account or any security defence, the user immediately informs PROTECT ADS by sending an e-mail to [email protected]. In this case, PROTECT ADS does not assume liability for damages suffered by the user. PROTECT ADS will take the necessary measures to diminish the problem within a reasonable time frame, considering the complexity of the case.
(8) To prevent data loss or damage, PROTECT ADS suggests the user accesses the data stored frequently and generates a synopsis.
(9) The service offered by PROTECT ADS works only with online advertising services provided by specialised platforms. The user benefits at his/her own expense from these platforms’ services. PROTECT ADS has no connection with stipulations imposed by those online advertising platforms, and the provisions regarding those stipulations aim strictly at that online advertising service and the user.
(10) PROTECT ADS may offer a free trial period, whose duration and conditions are communicated on the platform at the moment of registration. Upon expiry of the trial period, access to the services continues only by activating a paid subscription. PROTECT ADS reserves the right to limit the trial period to a single one per user/company/domain and to refuse or revoke the trial period in case of abusive use.
Article V. AUTHOR’S RIGHTS, PATENT AND THEIR PROTECTION
(1) The company PROTECT ADS S.R.L. exercise full author’s rights on the software, its name (designation), and the implying know-how. The PROTECT ADS trademark is registered at the European Union level (EUIPO).
(2) Third parties are forbidden from using the name of the software belonging to PROTECT ADS for no other digital product or similar name that can be identified with PROTECT ADS software.
(3) Third parties are forbidden from copying the software’s functions or design, obtaining it in any way or creating a similar digital product with a similar structure by using the know-how belonging to PROTECT ADS. Decompiling, disassembling, reverse engineering of the software, as well as automated data extraction (scraping) from the platform, are also forbidden, except for the cases expressly permitted by law.
(4) Author’s rights and patent for industrial property are protected by national legislation, respectively Law nr. 8/1996 (Copyright Law) regarding author’s rights and additional rights, as stipulated through Emergency Order nr. 25/2019 regarding the protection of the know-how and business trade secrets against their obtaining, usage and illegal disclosure of classified information and for the modification and completion of normative acts through Emergency Order nr. 100/2005 regarding the accomplishment of complying with the patent for industrial property and Emergency Order nr. 25/2006 regarding empowering the administrative capacity of The Romanian Copyright Office.
(5) Author’s rights and patent for industrial property, considering applicable European legislation, are protected by the following procedures: Directive 2009/24/CE regarding judicial protection of computer programs, Directive 2001/29/CE regarding harmonisation of certain aspects related to author’s rights and additional rights within the Information Society (delivered through Law nr. 8/1996), Directive 96/9/CE regarding judicial protection of databases, Directive (EU) 2019/790 regarding author’s rights and additional rights on the unique digital market, Directive (EU) 2016/943 regarding the protection of the know-how and classified business information (business trade secrets) against their obtaining, usage and illegal disclosure.
(6) Author’s rights and patent for industrial property, considering the applicable international legislation, are protected by the following: The Berne Convention updated on 28th September 1979 and TRIPS Agreement (art. 9-11).
(7) PROTECT ADS will appeal to all legal means and procedures in order to fight against illegal copying (prevent infringement of copyright), counterfeit products and malevolent (unfair) usage of the provided product.
(8) In case PROTECT ADS identifies illegal actions regarding the author’s rights and patent for the industrial property of third parties or users, these (third parties or users) will assume judicial consequences stipulated by the procedures mentioned in paragraphs (4)-(6).
(9) During the active subscription, PROTECT ADS grants the user a non-exclusive, non-transferable and revocable licence to use the software, strictly for the purpose provided by the present terms and conditions. The licence does not grant the user any intellectual property right over the software, trademark or know-how belonging to PROTECT ADS.
Article VI. PROVIDED SERVICES AND TECHNICAL SUPPORT
(1) PROTECT ADS offers services on the filtration of fraudulent and inefficient access in relation to the online advertising service available on the user's virtual platform (the website or the application).
(2) With a view to the purpose followed by the user, PROTECT ADS allows the user to offer access to the account created by him/her to any of his/hers employees or to any other person who has the user’s exclusive consent to be able to access the provided services in order to analyse and store the user’s data.
(3) If the user allows access to contracted services with PROTECT ADS to a third party, we do not assume responsibility in the case of data loss or damage by that third party, this responsibility being fully assumed by the user.
(4) The user agrees to the fact that PROTECT ADS does not provide any additional, connected service necessary to use the software provided by us, such as: IT equipment, Internet access, data storage equipment, online advertising service, web page or IT services of maintenance for the user’s website or application.
(5) The services provided by PROTECT ADS refer strictly to the software created by our company, and maintenance includes only the contingent errors or issues that might appear in connection to the functioning of our software.
(6) Any other problems or errors that might occur in connection to the online advertising service chosen by the user or in relation to the user’s web platform, website or application are not included in the maintenance services category provided by PROTECT ADS.
(7) The user consents:
a). to inform us immediately, sending an e-mail to [email protected], if a third party accessed the user’s account without the user’s consent or if the user traced unauthorised activity on his/her account;
b). to prevent unauthorised access to his/her account by choosing a strong enough password;
c). to be sure he/she has access to the password or to secure the fact that he/she can access the recovery e-mail address mentioned when creating the account;
d). to change the access password when notified by us in order to secure access to our services (the services provided by PROTECT ADS);
e). not to test or scan any of the networks or any of the servers used by PROTECT ADS or to enrol in any other actions that might lead to the vulnerability of the software provided by us;
f). not to use the services provided by PROTECT ADS in order to promote an illicit activity, such as: websites which use phishing method, misleading URL links, websites which promote illicit services or offer counterfeit products, fraudulent websites, and any other products or services owned by the user and having any possible illicit feature;
g). to use the software only for the websites or applications the user legally owns or has the legal right to administer;
h). not to resell, rent, sublicense or make the services provided by PROTECT ADS available to third parties without our prior written consent;
i). to comply with the terms and conditions of the online advertising platforms used (e.g. Google Ads, Microsoft Advertising/Bing Ads) and to hold all the rights and authorisations necessary to connect his/her advertising accounts to the services provided by PROTECT ADS.
(8) For the proper functioning of the service provided by PROTECT ADS, we recommend the following:
a). use the updated Internet browser.
b). have an Internet connection.
(9) The scale of the software allows for solving more requests at a time and the access of several users on the same account simultaneously, adding the storage of all data within a concise time (a few seconds).
(10) PROTECT ADS will update the software periodically in terms of necessity.
(11) During the update and improvement of the software, PROTECT ADS might use certain patches that might imply certain changes necessary for improving our services.
(12) If the functionality of the software is affected due to maintenance and update, PROTECT ADS will rectify the issues as fast as possible, depending on the complexity of the unexpected occurrence.
(13) The user is advised to inform PROTECT ADS regarding any occurrence related to the functioning of the software or any error that might affect its efficiency by communicating all the aspects associated with eventual errors on the e-mail address [email protected]
(14) PROTECT ADS will rectify the issue that occurred as soon as possible once the user’s notification reaches them, depending on the complexity of the error or problem.
(15) Subscription fees are not cancelled unless the functionality of the software is severely damaged and exceeds 20 days from the occurrence of the problem.
(16) The maintenance period might imply access to updates or real-time analysis of data restricted to users.
(17) We advise users to choose the setting mode recommended by PROTECT ADS, thus, the procedure of filtration is efficiently related to the functionality of the software and the purpose aimed by the user.
(18) The user’s failure to comply with the obligations provided in paragraph (7) entitles PROTECT ADS to suspend or terminate, in whole or in part, the user’s access to the services, under the conditions of Article VIII paragraphs (5)-(7), without prejudice to PROTECT ADS’ right to claim damages.
Article VII. PAY INFORMATION, PAY METHODS, REFUND
(1) Paying for the services offered by PROTECT ADS implies a fixed fee, adding the VAT (value-added tax) stipulated by tax law in Romania.
(2) The user pays the established sum of money for the services provided by PROTECT ADS the moment the user introduces all the personal data needed to create the access account.
(3) Access to the services provided by PROTECT ADS takes place automatically once the subscription fee is transferred from the user’s bank account.
(4) The user can cancel the subscription to the services provided by PROTECT ADS anytime by accessing the section entitled cancel subscription.
(5) If the user chooses to cancel the subscription to the services provided by PROTECT ADS before the fee reception day, then the user does not have to pay for the upcoming period.
(6) If the user chooses to cancel the subscription to the services provided by PROTECT ADS after the fee reception day, then the user cannot be refunded even if the user cancels the subscription on the fee reception day.
(7) Beginning with the moment of cancellation, the user is denied access to the services provided by PROTECT ADS.
(8) If the user is not content with the services provided by PROTECT ADS, the user is not refunded even if the user was the beneficiary of the services provided by PROTECT ADS for a short time.
(9) The contractual agreement between PROTECT ADS and users are B2B relationship, meaning that legislation on Consumer Rights is not applicable here.
(10) If the user’s bank account cannot be discharged, this will be notified via e-mail at the address introduced by him/her when creating the access account, following the subscription suspension until the user solves the payment issue.
(11) When the subscription is suspended, PROTECT ADS service is not active, thus, data will not be stored in that period.
(12) Once the subscription fee is registered, PROTECT ADS service is automatically available, and data are stored again, the user having access to them.
(13) After the suspension of the subscription is released, the user is charged once at 30 days or 12 months beginning from the date of the registered fee (according to the line (12)).
(14) Payments are processed through the payment processor Stripe (www.stripe.com). PROTECT ADS does not store the user’s full bank card data; these data are collected and processed directly by Stripe, in accordance with PCI-DSS security standards and with Stripe’s terms and privacy policy.
(15) PROTECT ADS reserves the right to modify the subscription fees. Any fee modification will be communicated to the user by e-mail and/or through the platform, at least 30 days before taking effect, and will apply only starting with the next billing period. If the user does not agree with the new fees, the user may cancel the subscription before the modification enters into force, free of any additional cost.
Article VIII. CONTRACTUAL TERM, CONTRACT TERMINATION
(1) The contractual term between the user and PROTECT ADS represents the period when the user has an account created on www.protectads.com and when the user is charged for the service provided by PROTECT ADS.
(2) PROTECT ADS subscription is renewed once at 30 days or 12 months, begins with the first day the user introduced all the necessary information to create an access account on www.protectads.com and lasts until the user chooses to cancel the subscription or the fee can no longer be withdrawn from the user’s bank account.
(3) The user is held by contractual provisions regarding the author’s rights and intellectual property right and subsequently closing the contractual agreement with PROTECT ADS.
(4) The rest of the provisions (besides those mentioned in line (3), as well as the clauses regarding limitation of liability, indemnification, data protection, applicable law and conflict resolution, which survive the termination of the contract) are available only during the contractual term as long as the user has an active subscription.
(5) PROTECT ADS has the right to suspend the user’s access to the services, with prior notification by e-mail, in the following situations:
a). non-payment of the subscription fees, under the conditions of Article VII paragraph (10);
b). the user’s breach of the obligations provided in Article VI paragraph (7);
c). the existence of reasonable indications regarding the fraudulent or illegal use of the services.
(6) PROTECT ADS has the right to unilaterally terminate the contract, without the intervention of the court and without any other prior formality, by notification sent to the user by e-mail, if the user seriously or repeatedly breaches the present terms and conditions, especially the obligations provided in Article V and Article VI paragraph (7).
(7) In case of suspension or termination of the contract according to paragraphs (5)-(6), the user is not entitled to the refund of the subscription fees paid for the current period.
(8) After the termination of the contract, regardless of the reason, PROTECT ADS will delete or anonymise the data associated with the user’s account, within the terms and conditions provided in Article XVII, except for the data that PROTECT ADS is legally required to keep (for example, financial-accounting documents).
Article IX. INFORMATION ON BILLING
(1) PROTECT ADS uses the www.stripe.com platform to generate user billings (invoices).
(2) After introducing the necessary data to create an access account on www.protectads.com and processing the user’s subscription payment, the www.stripe.com platform will generate an online invoice.
(3) The user can download the invoice on www.protectads.com by accessing the client’s panel section “invoice”.
(4) The user is responsible for the correctness and updating of the provided billing data (name, Tax Registration Number/VAT, address). The invoices issued based on the data provided by the user are considered validly issued.
Article X. LINKS TOWARDS OTHER WEBSITES
(1) PROTECT ADS platform could present links towards other websites.
(2) Among these websites are the following: Google, Facebook, Linkedin, Stripe, etc.
(3) PROTECT ADS is not liable and does not assume any responsibility concerning the security policy or requests from websites that could appear on our platform.
(4) The websites (virtual platforms) that could appear on our platform are not liable and do not assume responsibility for any provisions stipulated in the present STIPULATIONS section or on the contractual agreement (covenant) between PROTECTS ADS and its users.
(5) Links towards the previously mentioned websites, at line (2), were created to facilitate the user’s activity in light of the user’s purpose.
Article XI. COOKIES AND THEIR POLICY
(1) PROTECT ADS uses cookies and similar technologies in accordance with Regulation (EU) 2016/679 (GDPR) and with Romanian Law nr. 506/2004 regarding the processing of personal data and the protection of private life in the electronic communications sector.
(2) Cookies are delivered by the virtual platform www.protectads.com towards the user’s device and are stored in its memory, being communicated back to the platform on subsequent visits.
(3) The categories of cookies used by PROTECT ADS are:
a). strictly necessary cookies-necessary for the functioning of the platform (for example, session and authentication cookies, as well as the “CookiePolicy” cookie which stores your consent option, with a storage duration of 30 days). These do not require consent, the basis of their use being PROTECT ADS’ legitimate interest in ensuring the functioning of the platform;
b). analytics and marketing cookies-placed by third parties (for example, Google Analytics and Google Ads, for measuring traffic and conversions), used only with the user’s prior consent, expressed through the cookie banner displayed at the first access of the platform;
c). functional third-party cookies-related to the services integrated in the platform (for example, the Brevo chat module), used with the user’s consent.
(4) The user can express or withdraw at any time his/her consent regarding non-essential cookies through the cookie banner: by accepting all categories (“Accept all”), by refusing them and keeping only the strictly necessary cookies (“Reject”), or by configuring each category separately (“Customize”, with individual options for the “analytics and marketing” cookies and for the “functional” cookies). The banner can be reopened at any time through the “Cookie settings” link in the page footer, and consent can also be withdrawn by deleting the cookies and configuring the settings of the used browser. We also honor browser-level opt-out signals (such as Global Privacy Control or “Do Not Track”): when such a signal is detected, non-essential cookies are not used unless the user explicitly opts in. Refusing non-essential cookies does not affect access to the platform.
(5) For cookies placed by third parties (Google, Brevo), the storage duration and the subsequent processing of data are governed by the policies of these third parties. Additional information is available in the Google privacy policy (policies.google.com/privacy) and in the Brevo privacy policy (www.brevo.com/legal/privacypolicy).
(6) We mention that not only could the user be the target of cookies, but also a third party who does not want any contractual agreement/connection with PROTECT ADS.
Article XII. PROMOTIONS AND CONTESTS
(1) PROTECT ADS can organise promotions and contests to maintain user loyalty.
(2) (Sales) promotions and contests organised by PROTECT ADS have no connection with Google, Facebook, Instagram or any other social or distribution platform.
(3) PROTECT ADS can use the platforms mentioned in line (2) as means of communication for their intended promotions or contests addressed to the users or potential ones.
(4) Promotions offered by PROTECT ADS may reside in discounts applied to subscriptions, discounts for subscribing to PROTECT ADS newsletter, and any other discounts offered on special occasions.
(5) Contests organised by PROTECT ADS may reside in: giveaways, tombola, and any other type of contest aiming to maintain user loyalty. The rules of each contest will be communicated together with its announcement.
(6) Commercial communications by e-mail (newsletter) are sent only with the recipient’s prior consent, in accordance with Romanian Law nr. 506/2004. The recipient can unsubscribe at any time, through the unsubscribe link included in each communication or by e-mail at [email protected].
Article XIII. WARRANTIES
(1) PROTECT ADS guarantees to ensure the optimal functioning of the software under reasonable circumstances.
(2) If errors or functionality problems occur in the software, PROTECT ADS guarantees to solve the problem within a reasonable period, considering its complexity.
(3) PROTECT ADS ensures users on their availability to solve any problem and their open-mindedness to suggestions offered by users in order to improve the services provided.
(4) PROTECT ADS does not guarantee:
(a) a flawless software, excluding the possibility of any error occurrence;
(b) that the software may merge with any other software service or hardware, or any other equipment than those mentioned precisely within the present section Stipulations;
(c) that user’s products or services promoted using the online advertising service provided by PROTECT ADS shall have considerable or declining sales or demands after activating PROTECT ADS subscription.
(d) on data loss, damage or any offence the user might encounter if the user infringes the contractual provisions and pieces of advice offered by PROTECT ADS within the Stipulations section.
(e) that all fraudulent or inefficient hits will be detected and blocked; the service provided by PROTECT ADS is a tool for reducing the risk of click fraud, not a guarantee of its complete elimination.
(5) PROTECT ADS suggests that users beware that the amount mentioned in the section entitled Saved Budged (Savings) is just an estimation; therefore, it does not guarantee its accuracy related to the actual sum of money the user shall save due to using our software.
(6) The services are provided “as is” and “as available”. To the maximum extent permitted by law, PROTECT ADS excludes any other warranties, express or implied, which are not expressly provided in the present terms and conditions.
Article XIV. LIMITATION OF LIABILITY
(1) To the maximum extent permitted by the applicable law, PROTECT ADS is not liable for indirect, incidental or consequential damages suffered by the user, including, but not limited to: loss of profit, loss of revenue, loss of business opportunities, loss of clientele, damage to reputation, loss or corruption of data, costs of substitute services.
(2) PROTECT ADS is not liable for:
a). the costs charged to the user by the online advertising platforms (Google Ads, Microsoft Advertising/Bing Ads, etc.), including for fraudulent clicks not detected or not blocked by the software;
b). the decisions of the online advertising platforms regarding the user’s accounts (suspensions, limitations, rejection of ads, refusal to refund costs, etc.);
c). interruptions or malfunctions caused by third-party services (advertising platforms, hosting providers, payment processors, internet providers), by the user’s website or application, or by the user’s incorrect configuration of the script;
d). damages caused by the use of the services in breach of the present terms and conditions.
(3) To the maximum extent permitted by the applicable law, the total cumulative liability of PROTECT ADS towards the user, for any claims arising from or in connection with the present contract, regardless of the legal basis (contractual, tort or otherwise), is limited to the total value of the subscription fees actually paid by the user to PROTECT ADS during the last 12 months prior to the event which generated the damage.
(4) The limitations provided in the present article do not apply in case of damages caused intentionally or through gross negligence by PROTECT ADS, as well as in any other situations in which liability cannot be limited according to the applicable law.
Article XV. INDEMNIFICATION
(1) The user undertakes to indemnify and hold harmless PROTECT ADS, its directors, employees and collaborators, for any claims, actions, sanctions, fines, damages, costs and expenses (including reasonable attorney’s fees) made by third parties or by authorities, arising from:
a). the use of the services provided by PROTECT ADS in breach of the present terms and conditions or of the law;
b). the content, products or services promoted by the user through his/her websites or applications;
c). the user’s breach of third parties’ rights, including intellectual property rights or rights regarding the protection of personal data;
d). the user’s failure to comply with his/her obligations as data controller provided in Articles XVII and XVIII.
Article XVI. FORCE MAJEURE
(1) Neither party is liable for the non-performance or improper performance of its contractual obligations, if this is caused by a force majeure event, as defined by art. 1351 of the Romanian Civil Code, including, but not limited to: natural disasters, war, acts of terrorism, epidemics, decisions of the authorities, generalised interruptions of energy or communications networks, large-scale cyber-attacks impossible to prevent through reasonable measures.
(2) The party invoking force majeure will notify the other party within 5 days from the occurrence of the event and will use all diligence to limit its effects.
(3) If the force majeure event lasts more than 30 days, either party may terminate the contract, without either party owing damages to the other. The amounts paid for subscription periods in which the service could not be provided due to force majeure will be refunded proportionally.
Article XVII. PERSONAL DATA PROTECTION (PRIVACY POLICY)
(1) The processing of personal data by PROTECT ADS is carried out in accordance with REGULATION (EU) 2016/679 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation-GDPR), with Romanian Law nr. 190/2018 regarding measures on applying the GDPR and with Romanian Law nr. 506/2004 regarding the processing of personal data and the protection of private life in the electronic communications sector.
(2) The data controller. The controller of the personal data processed through the platform is PROTECT ADS S.R.L., with the identification data mentioned in Article I paragraph (2). Data subjects can contact the controller for any aspect related to data protection at the e-mail address [email protected].
(3) Categories of processed data. PROTECT ADS processes the following categories of data:
a). identification and contact data of the users’ representatives and contact persons: name, e-mail address, phone number, position/capacity;
b). data regarding the account and the use of the platform: the authentication e-mail address, the password (stored exclusively in encrypted/hashed form), billing data, the subscription history, technical access logs (logs, the user’s IP address);
c). technical data of the targeted third parties: the IP addresses from which clicks are performed on the users’ websites or applications, as well as technical data associated with the access (for example, information about the device and browser), processed for the purpose of detecting and blocking fraudulent hits;
d). data collected through cookies, according to Article XI.
(4) Purposes and legal bases of the processing. The data are processed for:
a). the conclusion and performance of the contract, the creation and administration of the account, the provision of the services and of the technical support-basis: art. 6 paragraph (1) letter b) GDPR (performance of the contract);
b). billing, financial-accounting records and the fulfilment of other legal obligations-basis: art. 6 paragraph (1) letter c) GDPR (legal obligation);
c). the detection and prevention of click fraud, ensuring the security of the platform and the defence of PROTECT ADS’ rights-basis: art. 6 paragraph (1) letter f) GDPR (legitimate interest);
d). commercial communications (newsletter) and non-essential cookies-basis: art. 6 paragraph (1) letter a) GDPR (consent), which can be withdrawn at any time, without affecting the lawfulness of the processing prior to the withdrawal.
(5) Recipients of the data. The data may be transmitted, to the extent strictly necessary, to: the payment processor Stripe; the e-mail and communication services provider Brevo; Google (analytics, advertising and integration API services with the advertising platforms); the hosting and cloud infrastructure providers (for example, Amazon Web Services); professional consultants (accountants, lawyers) and public authorities, when the law requires it. These providers process the data based on contracts which ensure compliance with the GDPR.
(6) Transfer outside the European Economic Area. To the extent that certain providers process data outside the European Economic Area (for example, in the United States of America), the transfer is carried out only with adequate safeguards according to Chapter V of the GDPR, respectively adequacy decisions of the European Commission (including the EU-U.S. Data Privacy Framework) or standard contractual clauses approved by the European Commission.
(7) Storage duration. The data related to the account are kept for the duration of the contractual relationship and, after its termination, for the duration of the applicable limitation periods (as a rule 3 years), for the establishment, exercise or defence of legal claims. The financial-accounting documents are kept for the durations imposed by the fiscal-accounting legislation. The IP addresses of the targeted third parties are kept for the duration necessary to provide the service to the user and are deleted within at most 90 days from the termination of the subscription. The data processed based on consent are kept until its withdrawal.
(8) The rights of the data subjects. Data subjects benefit from the following rights, under the conditions of art. 15-22 GDPR: the right of access to data, the right to rectification, the right to erasure of data (“the right to be forgotten”), the right to restriction of processing, the right to data portability, the right to object (including to processing based on legitimate interest), the right to withdraw consent, as well as the right not to be subject to a decision based solely on automated processing which produces legal effects concerning them. These rights can be exercised through a request sent to the address [email protected], to which we will respond within at most one month from receipt, a term which can be extended by two months in complex cases, with the information of the data subject.
(9) The right to lodge a complaint. Data subjects have the right to lodge a complaint with the Romanian National Supervisory Authority for Personal Data Processing (ANSPDCP), with its headquarters in B-dul G-ral. Gheorghe Magheru 28-30, Sector 1, Bucharest, Romania, website www.dataprotection.ro, as well as to address the competent courts.
(10) Data security. PROTECT ADS implements adequate technical and organisational measures for the protection of data, including: encryption of communications (TLS/HTTPS), storage of passwords exclusively in encrypted/hashed form, control and limitation of access to data on a need-to-know basis, periodic backups and monitoring of the systems. In case of a personal data breach likely to generate a risk for the rights and freedoms of natural persons, PROTECT ADS will notify the ANSPDCP within 72 hours from becoming aware of it and, if the risk is high, will also inform the data subjects, according to art. 33-34 GDPR.
(11) PROTECT ADS does not process special categories of data (art. 9 GDPR) and does not adopt, regarding natural persons, decisions based solely on automated processing which produce legal effects concerning them, within the meaning of art. 22 GDPR. The automated filtering of clicks concerns the traffic on the users’ websites and does not produce legal effects concerning the data subjects.
(12) The services provided by PROTECT ADS are not addressed to minors and we do not knowingly collect data of persons under 18 years old.
Article XVIII. DATA PROCESSING ON BEHALF OF THE USER (DATA PROCESSING AGREEMENT-ART. 28 GDPR)
(1) To the extent that, through the provision of the services, PROTECT ADS processes personal data of the targeted third parties (in particular IP addresses of the visitors of the user’s websites or applications), the user has the capacity of controller, and PROTECT ADS the capacity of processor, within the meaning of art. 4 points 7 and 8 GDPR. The present article constitutes the data processing agreement concluded between the parties according to art. 28 paragraph (3) GDPR.
(2) The object of the processing: the collection, analysis and storage of the technical data regarding the access of the user’s website or application. The duration: for the duration of the contract. The nature and the purpose: the detection and blocking of fraudulent or inefficient clicks. Categories of data: IP addresses and technical data associated with the accesses. Categories of data subjects: the visitors of the user’s websites or applications.
(3) PROTECT ADS, in its capacity of processor:
a). processes the data only based on the documented instructions of the user, materialised in the present terms and conditions and in the configurations performed by the user on the platform, unless the law requires otherwise;
b). ensures that the persons authorised to process the data have committed themselves to confidentiality;
c). adopts the technical and organisational security measures provided in Article XVII paragraph (10);
d). assists the user, insofar as this is possible and within the limits of the provided services, in the fulfilment of the obligation to respond to the requests of the data subjects, as well as in the fulfilment of the obligations provided by art. 32-36 GDPR;
e). notifies the user, without undue delay, about any breach of the security of the data processed on his/her behalf;
f). at the termination of the contract, deletes or returns to the user, at the user’s choice, the data processed on his/her behalf, and deletes the existing copies, unless the law requires their storage;
g). makes available to the user the information necessary to demonstrate compliance with the obligations provided by art. 28 GDPR and allows for and contributes to reasonable audits, performed with prior notification of at least 30 days, at most once a year, at the user’s expense.
(4) The user generally authorises PROTECT ADS to engage sub-processors for the provision of the services (in particular the infrastructure and services providers mentioned in Article XVII paragraph (5)). PROTECT ADS will inform the user regarding any modification of the list of sub-processors, the user having the right to raise justified objections; if the objections cannot be resolved, the user may terminate the contract. PROTECT ADS imposes on the sub-processors, by contract, data protection obligations equivalent to those in the present article and remains liable towards the user for their fulfilment.
(5) The user, in his/her capacity of controller, is responsible for the lawfulness of the processing of the data of the targeted third parties, including for informing them according to art. 13-14 GDPR (for example, through the privacy policy of his/her own website) and, if applicable, for ensuring a valid legal basis. PROTECT ADS is not liable for the non-compliant or illegal processing of third parties’ data within the relationships between the user and his/her clients or visitors.
Article XIX. LIMITED USE
(1) The user's data is utilized in accordance with the Google API Services User Data Policy and any more information about this subject can be found in the Google User Data Policy from the above link.
(2) PROTECT ADS’ use and transfer of information received from Google APIs adheres to the Google API Services User Data Policy, including the Limited Use requirements.
Article XX. MODIFICATION OF THE TERMS AND CONDITIONS
(1) PROTECT ADS reserves the right to modify the present terms and conditions, as well as the provided service, its structure or operating mode.
(2) Significant modifications of the present terms and conditions will be communicated to the users at least 15 days before their entry into force, by e-mail at the address associated with the account and/or through a notification displayed on the platform. The updated version, together with the date of the last update, will be published on the platform www.protectads.com.
(3) The continuation of the use of the services after the entry into force of the modifications represents their acceptance. If the user does not agree with the modifications, the user may cancel the subscription before their entry into force, according to Article VII paragraphs (4)-(5).
Article XXI. CONFLICT RESOLUTION. APPLICABLE LAW
(1) Violating the provisions mentioned in the section entitled Stipulations results in PROTECT ADS following the necessary legal proceedings in order to defend our rights and interests.
(2) Any conflict that might appear between PROTECT ADS and its users or third parties is firstly solved amiably. For this purpose, any notice or complaint can be sent to the e-mail address [email protected], and will be analysed and answered within at most 30 days.
(3) The present terms and conditions are governed by Romanian law. If the conflict cannot end amiably, this shall be solved by the competent courts from the headquarters of PROTECT ADS (Cluj-Napoca city, Romania), except for the cases in which mandatory jurisdiction rules provide otherwise.
(4) Information regarding consumer protection is available on the website of the Romanian National Authority for Consumer Protection (www.anpc.ro), including regarding alternative dispute resolution (SAL). However, we remind you that the services provided by PROTECT ADS are addressed exclusively to legal persons and professionals (B2B relationships), consumer protection legislation not being, in principle, applicable.
Article XXII. AFFILIATE PROGRAM
(1) PROTECT ADS may operate an affiliate program, through which the enrolled and approved persons (“affiliates”) receive a commission for each new paying user brought through the affiliate’s unique referral code or link.
(2) Enrolment in the affiliate program is done by filling in the dedicated form on the platform and is subject to PROTECT ADS’ approval. PROTECT ADS may refuse or revoke the participation in the program, with the notification of the affiliate.
(3) The value and the type of the commission (fixed amount or percentage) are those displayed in the affiliate panel at the moment of enrolment. The payment of the commissions is made under the conditions displayed on the platform, subject to the affiliate providing valid payment data and, if applicable, issuing the corresponding fiscal documents.
(4) The affiliate is forbidden: to create his/her own accounts through his/her own referral link (self-referral), to send unsolicited commercial communications (spam), to use misleading advertising or advertising which creates the impression that it comes from PROTECT ADS, to bid on the PROTECT ADS trademark in the advertising platforms, as well as any other fraudulent practice of generating referrals. The breach of these prohibitions entails the loss of the unpaid commissions and the exclusion from the program.
(5) PROTECT ADS may modify or terminate the affiliate program with a prior notification of 15 days. The commissions already owed for paying users brought before the modification or termination remain payable under the conditions existing at the date of their generation.
Article XXIII. FINAL PROVISIONS
(1) The present stipulations must be interpreted with good faith as part of the purpose targeted by PROTECT ADS.
(2) If any provision of the present stipulations is considered null or invalid, according to eventual litigations, then the rest of the provisions remain available, and the null clause will be replaced by law with the applicable legal provision or, as the case may be, with a valid clause which reflects as faithfully as possible the initial intention of the parties.
(3) The user cannot assign the rights and obligations arising from the present contract without the prior written consent of PROTECT ADS. PROTECT ADS may assign the contract within a reorganisation, merger or transfer of activity, with the information of the user.
(4) The non-exercise by PROTECT ADS of a right provided by the present terms and conditions does not represent a waiver of that right.
(5) The communications between the parties will be performed in writing, by e-mail: to the user, at the address associated with the account; to PROTECT ADS, at the address [email protected].
(6) The present terms and conditions, together with the policies they refer to, represent the entire agreement between the parties regarding their object and replace any prior understandings.
