1. Agreement Between You and Usercentrics A/S
1.1. The Terms of Service (the “Terms”) govern your acquisition of services as well as all use of services on our website www.cookiebot.com, whether free or payable. By accepting the Terms, either by clicking a box indicating your acceptance or by executing an order form or any document referring to the Terms, you agree that the Terms form part of the agreement between you and Usercentrics A/S (“Usercentrics”) (the “Agreement”).
1.2. Our services are directed exclusively at Business to Business customers.
1.3. The Terms were last updated on July 1, 2023 and are effective between you and Usercentrics as of the date when you place an order or set up an account at www.cookiebot.com. Usercentrics reserves the right to change the Terms from time to time. If such changes are considered material, Usercentrics 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 any changes will constitute acknowledgment and acceptance of the modified Terms.
1.4. The prevailing Terms shall always be those available on our website www.cookiebot.com. In the event of any discrepancies between the wording of our website or the wording of earlier Terms and these Terms, these Terms prevail.
1.5. 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 version which will prevail in the event of any discrepancy between the English version and the translation. Usercentrics 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. If in doubt, please always refer to the official English language version.
2. The Services We Deliver – and What You Need to Do
2.1. EU’s General Data Protection Regulation (“GDPR”) and EU’s ePrivacy Directive 2009/136/EC (“ePR”) test.
2.1.1. Usercentrics offers a free GDPR/ePR test which analyzes your website to give you an indication of whether or not your website is compliant with the rules relating to online tracking set out in the GDPR and ePR.
2.1.2. The GDPR/ePR test only encompasses some of the requirements in the GDPR and ePR and is furthermore only an analysis of up to 5 pages of your website. It is therefore not a complete analysis of your website. Therefore, a positive test response must not be taken as a guarantee that your website fulfills all requirements set out in the GDPR and ePR.
2.1.3. If you wish to perform a complete analysis of your website, you must sign up for a Cookiebot CMP Subscription, cf. clause 2.2.
2.1.4. It is your responsibility to ensure that the domain you enter for testing is spelled correctly and is publicly available to anonymous website visitors. You warrant that you are the rightful owner of the domain, or that you otherwise have the necessary rights to have the website scanned and tested.
2.2. Cookiebot CMP Subscription
2.2.1. Subject to the sign-up procedure on our website where you register an account (“Cookiebot CMP account”), Usercentrics will deliver to you the services (“Cookiebot CMP”) described on our website.
2.2.2. Cookiebot Consent Management Platform (CMP) is designed as a self-serve business to business (B2B) service for website owners to facilitate compliance with EU legislation concerning the use of cookies and similar technologies (hereafter jointly referred to as “cookies”) on your website, to help you obtain the relevant consents to the use of cookies from the users of your website and to make it possible for the users to withdraw their consent as easy as they gave it via our Privacy Trigger. Usercentrics is solely the software as a service (SaaS) provider, and it is your own responsibility to ensure correct and compliant implementation, including presenting users with compliant consent requests. The relevant EU legislation is not necessarily implemented in the same way in all EU countries, and we cannot guarantee that using Cookiebot CMP will automatically lead to compliance with all relevant rules and regulations concerning the use of cookies or the collection of consents to the use of cookies. We encourage you to seek local legal advice to ensure compliance with local legislation when implementing the solution on your website and to tailor the wording of the consent requests to be shown on your website.
2.2.3. It is your responsibility to ensure that the domains you enter on your Cookiebot CMP account are spelled correctly and are publicly available to anonymous website visitors. You warrant that you are the rightful owner of all the domains, or that you otherwise have the necessary rights to add the domains to your Cookiebot CMP account for the performance of domain scans and other services, cf. clause 3 below.
2.2.4. The results of the website scans are sent as a report to the email address you have used to sign up for your Cookiebot CMP account. Scan reports are also available on your Cookiebot CMP account. For Premium Subscriptions, it is possible to add multiple mail recipients of scan reports, cf. clause 3.1.4.1. It is your responsibility to ensure that any such additional mail recipients have given their consent to have their mail addresses added to your Cookiebot CMP account.
2.2.5. If you have a Premium Subscription and own multiple websites, Cookiebot CMP can ask your users for consent that covers all your domains (“Cross-domain Consent Sharing”) on the user’s first visit to any of your websites. The functionality of the Cross-domain Consent Sharing is dependent on the user’s acceptance of third-party cookies in the web browser used to access your website.
2.2.6. It is your responsibility to ensure that the categorization and purpose descriptions of cookies identified during the website scans are in accordance with the use of those cookies on your website. If you alter categorizations or purpose descriptions of such cookies, it is your responsibility to ensure that this is done in accordance with the actual technical specifications and use of the cookies and in accordance with both relevant legislation and guidance from relevant data protection authorities. For example, if you classify cookies as “necessary” you should pay special attention to only do so for cookies that are strictly necessary to enable the basic functionality or service the user actively seeks on your website, in accordance with current legislation.
2.2.7. Our Services do not track any user´s data before they have given their consent. A user may withdraw a consent at any time by deleting cookies. If you implement Cookiebot CMP’s standard cookie declaration on your website, this contains a built-in mechanism where the user can easily and at any time withdraw or change a consent. Alternatively, you can make use of the Privacy Trigger and/or Cookiebot CMP’s “renew” method as described on www.cookiebot.com/de/developer/ to develop alternative ways for your users to withdraw or change their consent. For a Freemium Subscription the Privacy Trigger is set by default.
2.2.8. A user consent is logged and documented by storing the first half of the user’s IP address number, browser user agent, website’s domain name, date and time of consent and a unique, encrypted key that is stored in a data center with Usercentrics’s cloud vendor, Microsoft Ireland Operations Ltd in Dublin, Ireland. You may download a copy of the consent log from the Cookiebot CMP Manager, after which it is your own responsibility to handle the log copy data in accordance with current legislation. After 12 months, the consent 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 on your Cookiebot CMP account, cf. clause 3.1.
2.2.9. If your subscription is managed by an official Cookiebot CMP reseller, the reseller will have access to collected data and configurations when managing your subscription, but the reseller has no right to share, use or sell the collected data and configurations. Collected data and configurations will not be shared with or sold to other third parties by Usercentrics.
2.3. Usercentrics acts as a data processor in accordance with the information provided in our Privacy Policy as described in clause 8.
2.4. Usercentrics takes the appropriate technical and organizational security measures to protect data against accidental or unlawful destruction, loss or alteration, and against unauthorized disclosure, misuse or illegal processing. Usercentrics is subject to the safeguards provided for in the legislation of Denmark, where the company is established.
2.5. Usercentrics organizes its resources to provide a high level of service with at least 99.9% uptime on the operation of the cloud service and a response time of less than 1 business day for support requests related to critical bugs (high impact, high urgency) and unscheduled downtime of Cookiebot CMP. Such support requests must be submitted in writing to our helpdesk as described on www.cookiebot.com/en/helpdesk/.
2.6. Cookiebot CMP is a self-serve service, cf. clause 2.2.2. As a customer, you can submit questions, comments or suggestions using the helpdesk as described on www.cookiebot.com/en/helpdesk/.
2.7. If you are dissatisfied with Cookiebot CMP or anything related to the service provided, please contact Usercentrics as described on www.cookiebot.com/en/helpdesk/. If the case cannot be resolved, you can use the European Commission’s online complaint portal at https://ec.europa.eu/consumers/odr/.
3. Pricing and functions
3.1. Cookiebot CMP Subscription Types
3.1.1. All subscription types will include website scans and scan reports, consent banner and cookie declaration on your website, data export, a consent log for documentation and frontend SDK for additional implementation possibilities.
3.1.2. Current subscription fees for the various subscription sizes and extra fees (“Subscription Fee”) can be found at www.cookiebot.com/en/pricing/.
3.2.3. The pricing may be changed by Usercentrics at any time, subject to 90 days’ notice, which will be sent to you by email if you have registered a Cookiebot CMP account on our website.
3.1.4. Premium Subscription
3.1.4.1. In addition to the functions mentioned in clause 3.1.1, the Premium Subscription includes monthly website scans and scan reports, customizable banner, customizable cookie declaration, multiple languages, multiple email recipients of scan reports, geolocation, multiple domains, Cross-domain Consent Sharing, consent statistics, the possibility to perform a manual scan and internal domain alias.
3.1.4.2. The function “internal domain alias”, as mentioned in clause 3.1.4.1, may only be used for non-production domains, i.e. domains for development, testing and staging. The delivered domain alias will only have limited functionality, e.g. consent will not be logged for these types of domains.
3.1.4.3. You can change the scan frequency for a domain from “monthly” to “daily” for an extra fee, cf. clause 3.1.2.
3.1.4.4. A Subscription Fee will be charged for each domain and each subdomain you add to your Cookiebot CMP account. The Subscription Fee will be charged regardless of your actual usage of Cookiebot CMP.
3.1.4.5. The monthly website scans are performed on up to 10,000 pages, defined as unique URLs (“pages”), on each domain and each subdomain on your Cookiebot CMP account.
3.1.4.6. The Premium Subscription also includes the following functions:
- customer care and technical support with a response time within 24 hours
- auto blocking of cookies and trackers, and
- a banner available in multiple languages.
3.1.5. Free Subscription
3.1.5.1. If your domain contains 50 pages or fewer, you can sign up for a Free Subscription, which is free of charge. You can only sign up for the Free Subscription for one domain.
3.1.5.2. The Free Subscription does not include the functions mentioned in clause 3.1.4.1. and 3.1.4.6.
3.1.5.3. The Free Subscription will be automatically upgraded to a Trial Version of the Premium Subscription if a scan of your domain shows that it contains more than 50 pages. You will be notified of such an upgrade by email.
3.1.5.4. The Free Subscription also includes the following functions:
- a blocking function for cookies and other tracking technologies that needs to be manually implemented
- a default Privacy Trigger
- a default banner in one language, and
- website scan and scan report on demand.
3.1.5.5. Consent statistics are available to view for the preceding 7 days.
3.1.6. Trial Version
3.1.6.1. If you have been upgraded to a Trial Version of the Premium Subscription, cf. clause 3.1.5.3 above, you may use the service free of charge for 14 days. The Trial Version allows access to all premium functions of Cookiebot CMP, cf. clause 3.1.4.1 except manual domain scans.
3.1.6.2. When you add your payment information you will automatically be upgraded to a Premium Subscription after the 14-day trial period is over. All the domains and subdomains on your Cookiebot CMP account will immediately be converted to a Premium Subscription and your billing period will begin.
3.1.6.3. If you do not add your payment information and do not utilize the Premium Subscription functions, you will be converted to a Freemium Subscription. If you utilize premium functions, your account will be suspended until you have added your payment information or manually removed the premium functions.