Terms and Conditions

Overview

The following terms and conditions govern all use of the Cookie Optimizer website and all content, services, apps and products available from Cookie Optimizer (taken together, the Service).

The Service is owned and operated by Consultingcentral GmbH (the "Company").

The Service is offered subject to your acceptance without modification of all of the terms and conditions contained herein and all other operating rules, policies (including, without limitation, Consultingcentral’s Privacy Policy) and Data Processing Addendum and procedures that may be published from time to time on our website located at www.cookieoptimizer.com (the "Site") by Consultingcentral GmbH, (collectively, the "Agreement").

Please read this Agreement carefully before accessing or using the Service. By accessing or using any part of the Site or the Service, you agree to become bound by the terms and conditions of this Agreement. If you do not agree to all the terms and conditions of this Agreement, then you may not access the Service. If these terms and conditions are considered an offer by Consultingcentral, acceptance is expressly limited to these terms. If you are accessing and using the Service on behalf of a company (such as your employer) or other legal entity, you represent and warrant that you have the authority to bind that company or other legal entity to this Agreement. In that case, "you" and "your" will refer to that company or other legal entity.

Account

An account for use the Service can be created by connecting you Shopify shop with our service. To delete your account delete the Cookie Optimizer plugin from your Shopify store.

Payment

Billing of the Service is handled by Shopify. As long as you use our plugin Shopify will incur the monthly or yearly plugin fee. After removal of the Cookie Optimizer plugin from your store, billing will automatically stop at the end of the current billing cycle.

Data

Cookie Optimizer provides the functionality to ask the user of your store for acceptance to enable cookie tracking for analytics and advertisement purposes. In case the user accepts analytics and advertisement cookie tracking on your site we will generate a unique token and timestamp and store this token as a cookie on the device of the user and in our backend database. The list of all consents can be downloaded, searched and deleted by you at any time. We do not store any further personal data about the visitors of your store or your customers.

Cookie Optimizer also stores personal data related to the store account for billing and other purposes. Further details are described in our data privcacy statement.

GDPR

If you’re located in the European Economic Area, the United Kingdom, or Switzerland (collectively, the "EEA"), and/or distribute Campaigns or other Content through the Service to, and/or otherwise collect information through the Service from, anyone located in those countries (each such Member an "EEA Member"), you agree, represent and warrant (as applicable) to Mailchimp that:

  • You will get and maintain all necessary permissions and valid consents required to lawfully transfer data to the Company and to enable such data to be lawfully collected, processed, and shared by the Company for the purposes of providing the Service or as otherwise directed by you.
  • You are subject to the Company’s Data Processing Addendum ("DPA"), which will apply when and to the extent the Company processes Customer Data protected by Data Protection Laws applicable to the EEA (all as defined in the DPA). The DPA sets out our obligations with respect to data protection and security when processing such Customer Data in connection with the Service and forms part of these Terms.

You agree to indemnify and hold us harmless from any losses, including all legal fees and expenses, that result from your breach of this section.

Privacy

Our Privacy Policy explains the way we handle and protect your personal data and privacy in relation to your use of the Service.

To the extent that the Company processes any personal data that is subject to the EU General Data Protection Regulation (GDPR), on the user’s behalf, in the provision of the Service, the terms of the Cookie Optimizer Data Processing Agreement, which are hereby incorporated by reference, shall apply.

Limited Warranties and Liability

The Company cannot make any warranty about the reliability of the Service or guarantee the security of user data despite best efforts. The Service is provided "as is" and you agree to not hold the Company responsible nor to seek indemnification for any damages that may arise as a result of the loss of use, data, or profits connected to the performance of the Service or failure in such performance.

Furthermore, you will not hold the Company liable or seek indemnification if confidential material is unintentionally released as the result of a security failure or vulnerability in the performance of the Service.

We may make improvements and changes to the Service at any time without notice. The Company may at its sole discretion, terminate service without cause or notice.

Modification to Terms of Service

Within the limits of applicable law, the Company reserves the right to review and change this agreement at any time. You are responsible for regularly reviewing these Terms and Conditions. Continued use of the Service after such changes shall constitute your consent to such changes.

Applicable Law

This Agreement shall be governed in all respects by the substantive laws of Switzerland. Any controversy, claim, or dispute arising out of or relating to the Agreement shall be subject to the jurisdiction of the competent courts of the Canton of Thurgau, the jurisdiction of the Swiss Federal Court being expressly reserved.

— Last updated in July 2020