Gebruikersvoorwaarden

These terms and conditions (the “Terms”) constitute the legally binding agreement between you (“you”) and Datagator B.V. (“Datagator”, “we” or “us”) with regard to the provision of our services. By accepting these Terms, you agree to be bound by them.

1. Definitions

In these Terms, the following defined terms shall have the meanings stated below:

1. “Datagator” means Datagator B.V., a company based in the Netherlands with its registered office at Herengracht 551, 1017 BW, Amsterdam.
2. “Privacy Regulations” means any law, regulation, directive, international convention, or similar, whether issued on a state, federal, European Union, national, international, or regional level, and case law, upon which a data subject may claim damages or injunctive relief as a result of misuse of personal data.
3. “Privacy Violation” means any act or omission that may give rise to a right to injunctive relief for a counterparty to cease and desist unlawful behaviour, or to monetary damages, in each case for a breach of Privacy Regulations and/or other relevant law or regulation.

2. Nature of our services

2.1. Datagator provides services to help internet users to discover privacy violations and enforce their rights under Privacy Regulations against advertising technology (AdTech) companies and other companies, including (without limitation) website publishers and consent management platforms (CMPs) that facilitate online tracking.

2.2. Datagator is not a law firm, and is not acting as a lawyer on your behalf or providing you directly with legal services.

3. Discovering and evidencing Privacy Violations

3.1. On acceptance of these Terms, Datagator provides you with a free of charge web browser extension which automatically detects, and evidences Privacy Violations of your privacy-related rights on websites you visit.

4. Enforcing your rights

4.1. The browser extension will determine, on an ongoing basis, whether, in its sole discretion, you have a claim against a counterparty, for example for compensation of damage or to enforce the AdTech companies, website publishers or CMPs to cease and desist the Privacy Violations.

4.2. If you would like Datagator to pursue a claim on your behalf, you may sign up (opt-in) for that claim under the terms of a separate mandate agreement (to be) concluded between Datagator and you.

4.3. Datagator will decide, in its sole discretion, whether (or when) it will offer you this service. Provision of the browser extension shall not constitute a binding offer to provide you with any other services, including, without limitation, pursuing any claims on your behalf.

5. Privacy

All personal data processed during the provision of our services, or connected to the provision of our services, is subject to the Datagator Privacy Statement, which can be found on https://www.joindatagator.com/privacy-policy.

6. Limitation of liability

6.1. These Terms do not affect any of your statutory legal rights that cannot be excluded by law, including liability caused by intent or wilful recklessness.

6.2. Datagator is not liable under or in relation to these Terms including, but not limited to, liability in contract, tort (including negligence, misrepresentation), breach of statutory duty, loss of agreements or contracts, loss of anticipated savings, loss of use or corruption of software, data or information, loss of or damage to goodwill and indirect or consequential loss.

6.3. Datagator’s total liability to you for the use of our services is limited to the monetary value of your claim under those services.

6.4. To the extent legally permissible, we provide no warranties and disclaim all liability for any action, content, information or omission.

6.5. You agree that any claim you believe to have against Datagator prescribes one year after the claim has arisen.

7. General provisions

7.1. Any new features of our services will be subject to these Terms. Datagator may change these Terms from time to time. We will inform you of changes within a reasonable time period. You will be bound by such changes upon their notification to you in our applications and/or websites and/or by email.

7.2. These Terms are the complete and exclusive statement relating to its subject matter and supersede all prior communications (oral or in writing) between you and Datagator.

7.3. You may not transfer any of your rights or obligations under these Terms without our prior written consent. Datagator may transfer any of its rights or obligations under these Terms to any third party designated by Datagator.

7.4. If any provision (or part thereof) of these Terms is held by any court, or other competent authority to be void or unenforceable in whole or part, such void provision shall be deemed to be replaced by an enforceable provision with the closest effect possible to the original provision and these Terms shall continue to be valid with respect to the other provisions and the remainder of the affected provisions.

7.5. Any failure or delay by Datagator in enforcing (in whole or in part) any provision of these Terms will not be interpreted as a waiver of our rights or remedies.

8. Governing law and jurisdiction

8.1. These Terms are exclusively governed by and interpreted in accordance with the laws of the Netherlands. This choice of law does not affect rules (if you live in the EU) regarding legal regulations for consumer protection in your country that are more favourable to you, in which case those provisions may apply.

8.2. You may initiate legal proceedings regarding disputes in connection with these Terms and the services in the competent court of Amsterdam (The Netherlands). If you live in the EU, you can also initiate legal proceedings in the competent court of the country where you live. If you live in the EU, we can only take legal action against you in the country where you live, unless you act in the exercise of a profession or business, in which case you agree to the exclusive jurisdiction of the court of Amsterdam.