(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. 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.
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.net, which means introducing personal data and information mentioned in article IV, second paragraph. Simultaneously, you create a password known only to you.
(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.net, 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.net. 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.net
(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.net
(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.net
(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.
(1) Access to services offered by PROTECT ADS is possible through creating an account on the virtual platform www.protectads.net
(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.net
(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.
(1) The company PROTECT ADS S.R.L. exercise full author’s rights on the software, its name (designation), and the implying know-how.
(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.
(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).
(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.
(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.
(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)).
(1) The contractual term between the user and PROTECT ADS represents the period when the user has an account created on www.protectads.net 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.net 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)) are available only during the contractual term as long as the user has an active subscription.
(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.net 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.net by accessing the client’s panel section “invoice”.
(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.
(1) PROTECT ADS uses cookies to improve the user’s online experience.
(2) Cookies are delivered on the virtual platform www.protectads.net towards the user’s device.
(3) Cookies are created and interpreted by PROTECT ADS, and the user only keeps them (in the memory of the device), and the user then sends them back if our platform requires so.
(4) The purpose of the cookies is to identify the user, verify his/her activity on the platform, and offer suitable content, according to these data.
(5) 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.
(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.
(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.
(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.
(1) Existing as a company with residence in Romania, personal data protection regulations are stipulated in the European Union Regulation, namely> 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).
(2) Regarding the contractual agreement (covenant) between PROTECT ADS and users, with its residence in Romania, personal data protection regulations are applied according to regulations stipulated by Law nr. 190/2018 regarding measures on applying 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).
(3) If the conditions applied according to regulations from article 1, Regulation (EU) 2016/679 on the protection of personal data is available only for natural persons, when referring to the processing of personal data within the contractual agreement between PROTECT ADS and users (legal persons) having their residence within the European Union territory these regulations are not anymore available.
(4) Considering regulations from art. 3, Regulation (EU) 2016/679, regulations regarding the protection of personal data apply to natural persons’ data:
-among activities at a residence or held by an operator or legal representative within the European Union territory, irrespective of the place of the processing of data, within or not within the European Union territory;
-to whom is on the European Union territory, or by an operator or a legal representative who does not have a residence in the EU, when processing data refers to providing assets or services to such targeted persons on the EU territory, irrespective of payment request coming from that person; monitoring their behaviour if it takes place within EU territory;
-by an operator not settled in the EU but in a place where national right applies based on public international law.
(5) Where the processing of personal data of natural persons for whom Regulation (EU) 2016/279 does not apply, there are lawful international regulations.
(6) Concerning the processing of third parties’ data which oversees their behaviour if it takes place within the EU territory, PROTECT ADS processes their personal data referring to the IP address used by third parties to access (click-on) users’ websites or applications (PROTECT ADS users).
(7) PROTECTS ADS processes third parties data (their IPs) under provisions of Regulation (EU) 2016/679 and applicable international legal requirements, following strictly PROTECT ADS purposes and guarantying that third-party’s data are not to be used for any other scope.
(8) PROTECT ADS is not liable for illegal or deficient processing of third-party’s data, considering the connection of PROTECT ADS users and their clients (they being third parties in relation to PROTECT ADS).
(9) Concerning the personal data of third parties, PROTECT ADS can deliver to its users only the third parties’ IP addresses.
(10) PROTECT ADS users assume the fact that they will process the personal data of third parties delivered by us, according to the legal provisions mentioned in lines (1)-(5); otherwise, them (users) being fully responsible and subdued on their own to repercussions resulted from infringing these legal regulations.
(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.
(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.
(3) If the conflict cannot end amiably, this shall be solved by specialised entities, according to viable Romanian, European, or International legislation, depending on the situation.
(1) PROTECT ADS reserves the right to bring any modifications to the present stipulations and any adjustments to the service provided, to its structure or operating mode.
(2) The present stipulations must be interpreted with good faith as part of the purpose targeted by PROTECT ADS.
(3) If any provision of the present stipulations is considered null or invalid, according to eventual litigations, then the rest of the provisions remain available.
(4) PROTECT ADS has the right to modify the present stipulations as often as necessary, the users or the third parties having access to those modifications the moment they are displayed on the virtual platform www.protectads.net.
@copyright Attorney’s office Tomescu Bianca-Lucreția
