Terms and conditions of use

CONDITIONS OF ACCESS AND USE OF THE PORTAL

The user agrees to use the services and contents of the page in accordance with the provisions of the law, morality, public order and these general conditions of use. Likewise, it undertakes to make an appropriate use of the services and/or contents of the page and not to use them to carry out illicit or constitutive activities of crime and/or that infringe the regulation on intellectual and industrial property, or any other form of legal order applicable.

1. Rules for participation

   Cool Tabs reserves the right to suspend or cancel, totally or partially, with or without prior notice, any content or user account that violates these terms of use of the Service. By way of example, and in no case limiting or excluding, the user undertakes not to carry out any of the following activities:

   • Offend, insult, discredit or harass other people, on any of their tabs.
   • Introduce or disseminate content or propaganda of a racist, homophobic, xenophobic, paedophilic, or excessively violent nature, or that advocates terrorism or that violates human rights.
   • Post images of other people without their consent.
   • Defame or slander companies, groups, NGOs, or any other group of individuals.
   • Plagiarise, copy or use content of other people or media without their consent.
   • Impersonate other people, groups or legal entities.
   • Duplicate content. That is, copy and publish, with or without author authorisation, and in a systematic way, content published on other websites.
   • Offer, sell or exchange services and products that Cool Tabs administrators consider, at their sole discretion, to be inappropriate.
   • Add any software that hinders the normal functioning of the system or any code, file or program that offers advertising through pop-up windows (POPups). Similarly, the user agrees not to publish content that violates the conditions of use of the advertising services used in Cool Tabs.
   • Resell or use in a shared or collaborative manner (outside of the normal scope of the use of multi-user functionality) any of the services offered by Cool Tabs.
   • Make an improper or abusive use of the unlimited services offered by any of our plans.

2. Adult content

   Cool Tabs reserves the right to moderate any type of content not suitable for minors. Specifically:

   • Design or appearance of tabs that exhibit sexual and/or erotic content.

   Cool Tabs may, on a case-by-case basis, take any of the following moderating measures:

   • Remove the specific content without prior notice.
   • Delete the user's account with all its content.

ADVERTISING AND COMMUNICATION

By using this service, you accept that Cool Tabs may include its own advertisements in the header or footer of the different tabs or in any common space, with or without prior notice, and without any kind of compensation for the user, within those free or paid plans that are not exempt from such advertising. You also agree not to obstruct or manipulate the display of these ads.

By registering, the user accepts that Cool Tabs may send to his/her email newsletters that include advertising relating to our platform or any of our partners, in addition to receiving information and communications.

By registering, the user or company accepts and gives right to Cool Tabs to use their name or logos material or promotional actions both online and offline.

RESPONSIBILITY OF COOL TABS

• The Cool Tabs service is limited to the simple provision of dynamic content hosting service and therefore the responsibility for the use of the information and content included in each of the applications lies exclusively with the person who makes them.
• Due to the technical nature of the service offered, Cool Tabs will not assume any responsibility for the loss of data, information or files that may occur as a result of the interruption in the supply of any of its services, declining all responsibility for the damages or losses of that could be derived.
• Cool Tabs reserves the right to offer all participant data collected by our users' campaigns only during the effective time of contracting one of our monthly plans. Once you cancel the services of monthly plans with Cool Tabs and/or if you are using the Free plan and pay for a campaign individually (without paying for a plan), Cool Tabs reserves the right to limit access to that data a minimum period of between 4 and 6 months. This time limitation may vary over time without prior notice. Cool Tabs will make backup copies and file all the information during the time established according to current laws.
• Cool Tabs reserves the right to suspend unilaterally, temporarily or irreversibly, and without prior notice, the accessibility to its tab management system or the partial or total content thereof, due to the eventual need to carry out maintenance operations , repair, update, improvement thereof or incompatibility with the service offered.
• Cool Tabs will not be responsible under any condition for the prizes, gifts, products or services that can be offered as a reward with the use of our applications. This responsibility will always fall on the Customer and/or Administrator of the campaign and will be responsible for any problem arising from the delivery of these compensations whatever the origin and reason for them, including any misuse of our applications or defect in them.
• Cool Tabs reserves the right to establish additional fees for any of the services offered under specific and extraordinary circumstances due to situations of high traffic levels that put the overall stability of the platform at risk. Cool Tabs will communicate the situation to the Customer, offering different options to scale the platform proportionally with the costs associated with this service. The Customer must assume these costs in a timely manner under these situations or Cool Tabs reserves the right to suspend unilaterally the services offered that cause this general instability in the platform. It will be the Customer's responsibility to give Cool Tabs notice to anticipate any of these situations and thus avoid problems during the course of the services.

Guarantees

The Customer recognises at all times and assumes that the Cool Tabs platform is a software designed in a standard manner to meet certain requirements and does not have to meet the Customer's individual specifications. In addition, the Cool Tabs platform may incur errors of any kind, even for causes and modifications outside the platform itself, and the Customer may not demand or receive any compensation for any of these errors.

Cool Tabs will not be responsible for the problems of operation or interruption of the service derived from the own resources of our servers, malicious programs, breakdowns or any other technical incident derived from our services.

Cool Tabs does not guarantee the legality, reliability and usefulness of the services provided by third parties through our platform. Cool Tabs excludes any liability for damages of any naturalisation that may be due to the services provided by third parties through the platform and in particular, although not exclusively, for damages and losses that may be due to:

• The breach of the law, the moral and the good customs generally accepted or the public order as a result of the provision of services by third parties through Cool Tabs
• The infringement of intellectual and industrial property rights, trade secrets, contract commitments of any kind, rights to honour, personal and family intimacy and the image of persons, property rights and the entire rights another nature belonging to a third party as a result of the provision of services by third parties through the platform.
• The carrying out of acts of unfair competition and illegal advertising as a result of the provision of services by third parties through the platform.
• The lack of truth, accuracy, completeness, relevance and/or reality of the contents transmitted, disseminated, stored, received, obtained, made available on or accessed through the services provided by third parties through the platform.
• The breach, delay in compliance, defective or termination for any reason of the obligations contracted by third parties and contracts made with third parties in connection with or the occasion of the provision of services through the platform.
• The vices and defects of all kinds of services provided by third parties through the platform.

PRIVACY POLICY

Personal data and other information related to the identity of the user are subject to the policy and privacy system of Cool Tabs that can be consulted here.

USE OF DATA COLLECTED IN APPS

Cool Tabs (as a service provider) can collect and store different data from users and participants who use its applications. These data are established by the administrator of the application, to which they belong.

Cool Tabs does not use any of the data that the end user of the application provides when making use of it, both the data provided directly, and the data provided by Facebook when accepting to install the application. This data will be transferred to the promotion manager, who will be responsible for the management and processing thereof. All personal data provided by the user will be saved and stored by the provider during the time of the competition.

At all times, the data collected by our applications, are specified when installing the application in the Facebook dialogue box. This data may be (depending on the application or action carried out):

• Basic information: Name and Facebook ID of the user. Public data on Facebook that we save and provide to the promotion manager. The provider makes no use of this data.
• Email: will be assigned to the manager of the promotion and in no case will be used by the service provider to make any commercial use of it.
• Likes: only used to check if the user is a fan of the page on which the promotion appears, provided that the promotion administrator imposes this requirement as a condition to participate in it
• Other additional information: Other additional information established by the administrators of the application.

The rest of the data, personal or otherwise, provided using any of our applications, is the responsibility of the promotion manager. This person should indicate the use to be made of all data collected in the conditions of service or legal bases established and personalised in each promotion, which must always be accepted together with the specific conditions of our promotions and competitions.

The services provided by our platform therefore imply the processing and access by Cool Tabs to "Personal Data" that is responsibility of the Customer.

The Customer will always act as "File Manager" where the "Personal Data" is stored and Cool tabs will act as the "Data Processor".

The Data Processor will have access to the data in the Files, but under no circumstances will it be a transfer of Personal Data (article 12 of the Organic Law 15/1999, dated 13 December, on Personal Data Protection, ( hereinafter, "LOPD").)

From 25 May 2018, Cool Tabs complies with all the data protection requirements of the General Data Protection Regulations (GDPR).

Cool Tabs, in charge of the processing of our Customers' data, is committed to complying with the obligations established in the regulations (EU - 2016/679).

With the acceptance of this agreement, the Data Controller gives permission to Data Processor to manage, process and store the personal data collected in the campaigns executed on the platform by the Data Controller necessary to be able to provide the services provided.

With this agreement, the Data Controller allows the Data Processor access to the data but does not execute a transfer of personal data to the Data Processor, so the data, its use and processing (within the stated purposes) remain the responsibility of the Data Controller.

The Data Processor (Cool Tabs) cannot communicate, assign or make use of the data belonging to the Data Controller, except with express authorisation thereof, by means of a letter stating to whom the data must be communicated, what data to communicate, in what form and with what security measures.

The Data Processor will put different tools at the disposal of the Data Controller in order to manage the storage of the data on behalf of the Data Processor. Among them, it will be possible to manage, edit, export and delete any type of information stored by the Data Processor. The Responsible expressly accepts that the person in charge can store the data for a maximum time, established in annual periods and that they can vary according to contract, but being a minimum of one year and a maximum of three. Likewise, the Data Controller may establish automatic systems for the deletion and anonymisation of the data in the platform.

At all times, Cool Tabs as the Data Processor, may keep backup copies, properly encrypted and with the appropriate security measures (as established by our risk analysis documents according to the activity of the processing) for possible liability related to the provision of services contracted.

The Data Processor stores all the information and databases in the Amazon EC2 data centre located in Ireland. In addition, he/she delegates the management and maintenance of the servers to the company Heroku (of the Salesforce group). The Data Controller expressly accepts the use of this data centre and of this provider for the hosting of the data and management of its servers.

The Data Processor may place at the disposal of the Data Controller a document related to the security measures implemented in our platform to guarantee compliance with the regulations, at a technical and organisational level, which include:

• Encryption, anonymisation and pseudonymisation of data.
• Management of technical, organisational and security measures that guarantee processing.
• Processes to guarantee the integrity, confidentiality and availability of the data.
• Tools necessary to execute the right to forget the data.

The Data Processor undertakes to inform the Data Controller of any security breach, unauthorised access to the data or any other vulnerability of which he/she is aware that may affect the Data Controller, without undue delay, provided that it constitutes a risk to the rights and freedoms of natural persons. In addition, the competent authority will be notified within 72 hours.

SERVICE DURATION

Without prejudice to interruptions or suspensions that for technical reasons must be made, or unilateral cancellation by the user or Cool Tabs, the service will be provided indefinitely with the fulfilment of the above conditions.

PRICING POLICY

COOL TABS offers different prices for applications and services through monthly plans that can be consulted at any time on our price page. Specifically, we offer four forms:

• Payments per app: Individual payment of an application for promotions and competitions (Cool Promo Lite, Cool Promo and Cool Promo White Label)
• Application package: packages of 5, 10, 15 and 20 applications of the three types specified in the previous section may be contracted.
• Monthly subscription plans: Includes unlimited use during the month of payment of our content apps, promotions and competitions apps, and other associated services depending on the contracted plan (Audience Panel, Page Performance Premium, etc).
• Annual subscription plans: the unlimited use during the year of payment of our content apps, promotions and competitions apps, and other associated services depending on the contracted plan (Audience Panel, Page Performance Premium, etc).
• Managed Service: customised projects which include management, design, configuration and campaign execution services are by the Cool Tabs team as well as the use of the platform.

All our prices are expressed in Euros or US Dollars and that currency will be used whenever the Customer's country uses that currency. In other cases, it is also possible to make payments in US dollars, with the conversion shown on our price page.

All our prices are expressed without any type of tax that will be applied when appropriate depending on the country of origin of the Customer.

The accepted payment methods are: PayPal or credit card (through the Adyen platform). Under no circumstances will Cool Tabs store or save any payment data from customers' credit cards. In specific cases and upon express request, payment by bank transfer may be accepted, in the case of contracting annual plans.

Once a payment has been made, they are generally non-refundable. However, Cool Tabs offers a refund guarantee, provided that the User has not made a real and effective use of the platform.

In this case, the User may request a refund for the current billing period, and may not request a refund for previous payments.

To request a refund, the User will contact Cool Tabs at help@cool-tabs.com, providing the necessary information to identify his/her account and be able to manage the refund.

Renewals of monthly/annual subscriptions will be made automatically (every 30 or 365 days). If the Customer does not want to renew their subscription, they must notify expressly in advance of 5 days for monthly subscriptions and 30 days for renewals of annual plans.

In the case of not being able to make the charge of a renewal for reasons beyond our control, Cool Tabs reserves the right to immediately cancel all services contracted by the customer.

The Customer with a contracted plan, may make modifications to it within the period previously mentioned. In the case of requesting a lower plan to the contracted one, the customer will not have any right to financial compensation or to the use of services that the new plan does not include (promotions apps, etc. ..). If the change is made to a higher plan, the prorated payment for the days of the price difference will be made.

CHANGES

Cool Tabs reserves the right to make any type of modification, change or replace any part of this agreement of conditions. It is the responsibility of the Customer to periodically verify the changes that may have been introduced in this agreement. The continued and uninterrupted use of the Cool Tabs service by the Customer constitutes an agreement to accept any changes made to these service conditions.

CONFLICT RESOLUTION

The interested party has the right to present at any time any claim that it considers opportune before a supervisory authority.

For any conflict arising from the provision of this service, Spanish legislation will be accepted as the governing legislation, and any litigation that may arise from it will be submitted to the Courts and Tribunals of the city of Madrid for resolution..