This subscription agreement (the “Agreement”) includes the general terms and conditions (the “Terms”) which will be effective as of October 16, 2018.
This Agreement constitutes a binding contract between you and Cookie Information A/S (“Cookie Information”). The Terms govern the use of and access to the services by you whether in connection with a paid or free trial subscription of the services. Cookie Information reserves the right to change these Terms from time to time. If such changes are considered material, Cookie Information will inform registered customers about the changes by email, and the changes will take effect one month after such emails have been sent. Your continued use of our website or services after such changes will constitute acknowledgment and acceptance of the modified Terms.
By accepting this Agreement, either by accessing or using a Service, or authorizing or permitting any partners to access or use a Service, You agree to be bound by this Agreement. If You are entering into this Agreement on behalf of a company, organization or another legal entity (an “Entity”), You are agreeing to this Agreement for that Entity and representing to Cookie Information that You have the authority to bind such Entity and its Affiliates to this Agreement, in which case the terms “Subscriber,” “You,” “Your” or a related capitalized term herein shall refer to such Entity and its Affiliates. If You do not have such authority, or if You do not agree with this Agreement, You must not accept this Agreement and may not use any of the Services.
In case of any discrepancies between the wording of our website and these Terms, these Terms prevail. These Terms, as well as all other texts throughout the website, are translated from English to other languages. These are unofficial translations and are only provided as convenience translations. They should, therefore, be interpreted in accordance with their English language versions which will prevail in the event of any discrepancy between the English version and the translation. Cookie Information assumes no liability for any errors, omissions or ambiguities in the translations. Any person or entity choosing to rely on the translated content does so at their own risk. When in doubt, please always refer to the official English language version.
General Terms and Conditions:
- Service(s): means the products and services that are ordered by You online through the Cookie Information Platform, whether on a trial or paid basis and made available by Us.
- Partner(s): means an individual (including those of Your Affiliates) authorized to use a Service through Your Account as a partner and/or administrator as identified through a unique login.
- Account: means any accounts created by or on behalf of Subscriber within the Services.
- Affiliate: means, with respect to a Party, any entity that directly or indirectly controls, is controlled by, or is under common control with such Party, whereby “control” (including, with correlative meaning, the terms “controlled by” and “under common control”) means the possession, directly or indirectly, of the power to direct, or cause the direction of the management and policies of such person, whether through the ownership of voting securities, by contract, or otherwise.
- End Users: means any person or entity other than Subscriber or Partner with whom Subscriber or its Partner interact with while using a Service.
- Service data: means scanned data from your website(s) domain(s) and the data generated by website visitors ("End Users") browsing your website(s) using the Service which both are stored within a Service in connection with Your use of such Service.
- Configuration data: means the data we collect when you enter directly in our Cookie Information platform after you log in, such as: domain names on the websites where you implement the Service, as well as the configuration of content and appearance.
- Cookie Information platform: means the self-service platform available on cookieinformation.com where you configure, try and purchase your service(s) and have an account profile.
- Resources: means information, resources, services, products and tools we provide for you, both free and payable, either directly or indirectly (the “Resources”).
- Domain(s): means all types of internet website domains expect non-public test domains.
2. General Conditions; Access to and Use of the Services
2.1. Cookie Solution Subscription
If you own multiple website domains, CS can ask your users for a consent that covers all your domains (a “Cross Domain Consent”) on the user’s first visit to any of your website domains. You must guarantee that you are the rightful owner of all domains listed on CS’s “domain list” or that you otherwise have the necessary rights to include such website domain(s) on the “domain list” and that it is reasonable and legally acceptable to group domains as you do. The functionality of the Cross Domain Consent is dependent on the user’s acceptance of third-party cookies in the web browser used to access your website domains.
We collect data generated by website visitors ("End Users") browsing your website(s) domains using the CS. When an End User sends consent from your websites’ domains, the following consent data is automatically logged to Cookie Information’s cloud vendor, Microsoft Trusted Cloud, Holland:
- Date and time of consent
- User Agent of the End User's Browser
- The URL from which the consent was sent
- An anonymous, random and encrypted key value technically necessary to the service
- The end user's consent state, which serves as proof of consent
The key and consent mode are also stored in the End User's browser in the first-party cookie "CookieInformationConsent" so that the site can automatically read and respect End User's consent on all subsequent page queries and future End User Sessions for up to 12 months. The key is used as proof of consent and as an option to confirm that the consent mode saved in the End User's browser is unchanged from the original consent sent to Cookie Information.
Cross Domain Consent
If you enable the "Cross Domain Consent" feature to enable consent to across multiple domains using a single End-User Statement, the Service also stores:
- One third-party cookie named “CookieInformationConsent_encodedclientid” with the same content as the 1. Party cookie described "CookieInformationConsent" in an encoded format, set from the domain cookieinformation.com.
- One third-party cookie named “CookieInformationConfig” with the following data in encoded format:
- Internal id to identify the consent solution configuration
- The domains included in the consent solutions configuration
A user may withdraw a consent at any time by deleting the two cookies. Alternatively, a user can change a consent at any time by clicking a link that activates Cookie Information “renew” method included in our CS service. A copy of the consent log may be acquired on demand by contacting customer support https://cookieinformation.com/contact. After 5 years, the consent log is automatically deleted from our log and then used only in an aggregated, anonymized form as part of the statistics that you have access to in the CS. On your request, we will delete your consent log.
The CS also includes a basic report including:
- List of cookies set by scripts etc. embedded in the domains
- New and deleted cookies since the last scan
- Consent approval rate – how many users accept cookies
- The reports are automatically updated each time your website domain is scanned for cookies.
2.2. Compliance Dashboard
You access the compliance Dashboard by logging in on Cookie Information’s platform.
All updates are delivered without further charges. Cookie Information can launch new features or services that are not necessarily part of this agreement and which will be governed by separate supplemental terms and conditions (service specific terms).
If your subscription is managed by an authorized partner, the partner will have access to collected data and configurations when managing your subscription, but the partner has no right to share, use or sell the collected service data and configuration data. Collected data and configurations will not be shared with or sold to other third parties by Cookie Information.
2.5 Service and Security Policy
Cookie Information’s Service and Security Policy describes our level of service and security measures. Cookie- and Privacy-policy
Current prices can be found on our website. The prices may be changed by Cookie Information at any time subject to 90 days’ notice which will be sent to you by email if you have registered an account on our website. The paid subscription agreement has been made based on the price index as of January 2018. Next years’ invoices will be adjusted according to the development of the price index and other relevant factors. Changes ranging between 0-3% do not require prior notice.
If you sign up for a trial subscription of Cookie Information, you may use the service free of charge for 30 days.
The Free Trial Subscription will be automatically upgraded to a paid subscription after 30 days if you provide payment details. If you do not want to be upgraded to a paid subscription it is your obligation to delete our scripts from your website. You will be notified of such an upgrade by email.
4. Payment and Invoicing
Subscriptions are billed monthly/yearly in advance and are payable by credit card. Subscriptions paid by bank transfer are billed yearly. You must provide us with valid and updated credit card information or invoicing information when signing up for our services with your credit card. You authorize us to recurrently charge such credit card or bank account for all services you have accepted to buy from our website.
You are responsible to keep your payment details up to date. You can renew your payment authorization via the “My Account” menu on the Cookie Information Platform on our website or by contacting us.
We will withdraw the subscription fee including any applicable VAT after the domain(s) has/have been added to your account. If you pay by bank transfer, standard payment terms are 10 days for invoice.
Any additional domains added to your account on Cookie Information Platform during the yearly payment term will be billed separately to align the billing cycle for the additional domain and your other domain(s).
Whether the subscription fee is paid by bank transfer or credit card, invoices will be sent to the email address registered on your account on the Cookie Information Platform. When you log into the Cookie Information Platform, you can view and download invoices issued to you under the “My Account” menu.
You may change the payment terms on your user account on the Cookie Information Platform at any time or by contacting us.
If you pay by credit card, we will defray all transaction fees. If you pay by bank transfer to our accounts in Denmark, you are required to defray all transaction costs.
The local VAT will be charged from customers situated in the EU except for companies that have registered a valid VAT number with us (“reverse charge”). The exception does not apply to Danish companies. Customers outside the EU will not be charged VAT.
If you are a company situated in the EU and qualify for VAT exemption, and your VAT number is not valid according to the European Commission’s VIES VAT number validation system on the date of invoice (order and/or recurring order), we will charge VAT which will not be refunded.
All orders will be charged in Euro (EUR).
5. Term and Termination
The Agreement and your subscription to our services will be effective from the moment you sign up for our services on our website and until the subscription and the Agreement is terminated by you or us.
You may cancel your subscription or remove a domain from your configuration at any time on the Cookie Information Platform or by contacting us. Your data (including account information, invoices, and collected user consents) will be permanently deleted without further warning or any option to restore within 3 months. It is your obligation to delete the Cookie Information scripts on your website domain(s) before you cancel your account since the scripts will not work from the time you cancel your account.
Yearly payments made in advance will not be refunded if you cancel your subscription or remove a domain from your account on the Cookie Information Platform.
6. Responsible Use and Conduct
By visiting our website and accessing our services from the Cookie Information Platform both free and payable, either directly or through a partner, you agree to use the Resources only for the purposes permitted by (a) these Terms and (b) applicable laws, regulations, and generally accepted online practices or guidelines.
Wherein, you understand that:
- In order to access our Resources, you may be required to provide certain information about yourself (such as identification, contact details, etc.) as part of the registration process or as part of your ability to use the Resources. You agree that any information you provide will always be accurate, correct and up to date.
- You are responsible for maintaining the confidentiality of any login information associated with any account you use to access our Resources. Accordingly, you are responsible for all activities that occur under your account(s).
- You may only permit authorized users who possess rightfully obtained login information to use the Resources, and you must ensure that anyone who uses the Resources does so only for your authorized use and complies with these Terms.
- You may not make the Resources or any login information available to any third party, including, without limitation, in any form by a rental, service bureau, hosting, time-sharing arrangement or demonstration of the Resources to any third party.
- Accessing (or attempting to access) any of our Resources by any means other than through the means we provide is strictly prohibited. You specifically agree not to access (or attempt to access) any of our Resources through any automated, unethical or unconventional means.
- Engaging in any activity that disrupts or interferes with our Resources, including the servers and/or networks at which our Resources are located or to which they are connected, is strictly prohibited. This includes restricting in any way any other authorized user from using the Resources.
- Attempting to copy, duplicate, reproduce, sell, trade or resell our Resources is strictly prohibited unless otherwise agreed in writing.
- The Resources may not be used in any way that is unlawful or which harms Cookie Information as determined by Cookie Information in its sole discretion.
- You must use your best efforts to cooperate with and assist Cookie Information in identifying and preventing any unauthorized use, copying or disclosure of the Resources or any portion thereof.
- If you learn of any actual or threatened infringement of the Resources through piracy, or if any piracy claim is made against you by a party other than Cookie Information in connection with your use of the Resources, you must notify Cookie Information as soon as possible.
- You are solely responsible for any consequence, loss or damage which Cookie Information may directly or indirectly incur or suffer due to any unauthorized activities conducted by you as described above and which may incur criminal or civil liability.
- We may provide various open communication tools on our website. You understand that we do not generally pre-screen or monitor the content posted by users of these various communication tools which means that if you choose to use these tools to submit any type of content to our website it is your personal responsibility to use these tools in a responsible and ethical manner. m. We have the right to remove at our sole discretion any content that we find in our judgment does not comply with these Terms along with any content that we find to be otherwise offensive, harmful, objectionable, inaccurate or in violation of any third-party copyrights or trademarks. We are not responsible for any delay or failure in relation to the removal of such content. If you post content that we choose to remove, you hereby consent to such removal, and you also consent to waive any claim against us.
You agree to indemnify and hold harmless Cookie Information and its subsidiaries or affiliates and their executive officers, managers, employees, donors, partners and licensees for and against all losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from any violation of these Terms or the failure to fulfil any obligations relating to your account incurred by you or any other person using your account. We reserve the right to take over the exclusive defense of any claim for which we are entitled to indemnification under these Terms. In such event, you must provide us with such cooperation as is reasonably requested by us.
9. Disclaimer of Warranty
By using our website or services, you understand and agree that all Resources we provide are “as is” and “as available”. This means that we do not represent or warrant to you that:
- the use of our Resources will meet your needs or requirements;
- the use of our Resources will be uninterrupted, timely, secure or free from errors;
- the information obtained by using our Resources will be accurate or reliable; nor that any defects in the operation or functionality of any Resources we provide will be repaired or corrected.
Furthermore, you understand and agree that:
- any content downloaded or otherwise obtained through the use of our Resources is downloaded or obtained at your own discretion and risk; that you are solely responsible for any damage to your computer or other devices for any loss of data that may result from the download of such content; and that
- no information or advice, whether expressed, implied, oral or written, obtained by you from Cookie Information or through any Resources we provide will create any warranty, guarantee or conditions of any kind, except for those expressly outlined in these Terms.
9.3. Unless otherwise expressed, Cookie Information expressly disclaims all warranties, guarantee, and conditions of any kind, whether express or implied, including but not limited to any implied warranties, guarantee and conditions of merchantability, fitness for a particular purpose and non-infringement.
10. Limitation of Liability
In conjunction with the Disclaimer of Warranty as explained above, you expressly understand and agree that any claim against us will be limited to the amount you have paid in the previous 12 months, if any, for use of products and/or services. Cookie Information will not be liable for any direct, indirect, incidental, consequential or exemplary loss or damage which may be incurred by you as a result of using our Resources or as a result of any changes, data loss or corruption, cancellation, loss of access or downtime to the full extent that applicable limitation of liability laws allow.
All content and materials available at cookieinformation.com defined as the Resources in clause 6, including but not limited to text, graphics, website name, code, images, and logos are the intellectual property of Cookie Information are protected by applicable copyright and trademark law. Any inappropriate use, including but not limited to the reproduction, distribution, display or transmission of any content on this site is strictly prohibited unless specifically authorized by Cookie Information.
These Terms do not grant you any ownership interest in or to our Resources but only a limited right of use that is revocable in accordance with these Terms or the Agreement. Cookie Information does not grant any license or other rights to use any of our trademarks, service marks, copyrightable material or other intellectual property except as expressly provided in these Terms or agreed to in writing.
In addition, you agree to refrain from any act which in any way compromises our Resources, including but not limited to (i) reverse engineering, reverse compiling, decrypting, disassembling or otherwise attempting to derive the source code of the Resource; (ii) modifying, translating or creating derivative works of the Resources; (iii) sublicensing, reselling, renting, leasing, distributing, marketing, commercializing or otherwise transferring rights or usage to the Resources; or (iv) embedding the Resources in any third-party applications unless explicitly permitted.
Upon request from Cookie Information, you must be able and ready to confirm at any given time that you adhere to the provisions of this clause. If you fail to deliver such confirmation within 15 working days from receiving the request, this may be considered, at Cookie Information’s sole discretion, a material breach of these Terms.
12. Governing Law and Venue
This website is controlled by Cookie Information, Denmark. By accessing our website or buying our services, you agree that the laws of Denmark, excluding however the general rules of Danish law on governing law, apply to all matters relating to the use of our website and the purchase of any products or services through this site.
In the event of any dispute or disagreement arising under or in connection with these Terms or the Agreement (including a dispute or disagreement as to the validity of the Terms or the Agreement), such dispute or disagreement will be referred to and resolved under the exclusive jurisdiction of the Danish courts.
13. Contact Information
If you have any questions or comments about these Terms of Service as outlined above, you can contact us at:
Cookie Information A/S
1051 Copenhagen K
Phone: +45 24407876
Company Reg. no.: DK-38758292
Security and service policy
Cookie Information hosts the services and related components and content provided online to you (“the subscriber”).
Cookie Information will provide the required infrastructure to ensure that the solution is available via the internet 99,5% of the time measured per month from the go-live date.
Security of the infrastructure
The infrastructure provided and the associated security is delivered by our Microsoft data center, located in Holland. The data center is ISO 27001 compliant – see https://azure.microsoft.com/en-us/overview/trusted-cloud/. Cookie Information reserve the right to change the data center and/or other suppliers without obtaining the previous consent of the subscriber, provided that the new data center or new other supplier provide the subscriber with at least the same service level and security as the current and is located within the EU.
Data center network
Cookie Information provides web servers, application servers, database servers and physical storage in which data is kept in a redundant multi-drive configuration which gives mirrored storage and the required software to host the solution and associated services. The web-based application uses secure HTTP (SSL/HTTPS)to protect data transmissions over the internet. Virtual Private Network (VPN) technology is used to protect other transmissions such as access to the active database.
The service takes advantage of the wide opportunities in Azure to ensure high availability including full redundancy for all components and services, load balancing, automatic scaling of capacity, continuous backup and geo-replication of data and a traffic manager to automatic geographic failover in case of an emergency at data center level.
Security and surroundings
The hosting service is provided in a safe ’limited access’ environment. There is a continuous supply of power, climate control, and the data center is protected against natural disasters. In the unlikely event that a situation occurs where it will be reasonable to question the data centers security the subscriber can request an independent 3rd party to examine the security systems at the subscriber’s cost if the subscriber compensate Cookie Information for all costs which Cookie Information may experience as a direct consequence hereof including costs to be paid to the data center for access. Access to the data centers’ infrastructure is decided in full by the data center. Access to the data center is limited to specific employees and selected production/support specialists who are only allowed access to perform planned maintenance and upgrades.
Everything is monitored 24/7
Daily back-up to disc storage which is stored in three copies in 12 months each including geo-replication.
Use this link to read more: https://azure.microsoft.com/en-us/overview/trusted-cloud/
Service and response time
Subscriptions purchased via the self-service platform available on cookieinformation.com include Error correction but does not include Support. Support can be purchased separately on a time and material basis.
Error correction covers malfunctioning of the self-service platform and associated services. Critical errors (errors which prevent the solution from being displayed) will be resolved within one working day. Non-critical errors will be resolved within 8 working days.
Any problem where the root cause is due to any actions carried out by the subscriber or a 3rd party not authorized by Cookie Information to do so (i.e. the subscriber’s partner e.g. web agency) is not considered error correction but Support.