General Terms and Conditions for the use of Cookie Monster

§ 1 Scope of application

1. These General Terms and Conditions ("T&C") together with the Privacy Policy apply to the use of the Cookie Monster browser extension ("Cookie Monster") of App Audience Media GmbH, Mittelweg 24d, 20148 Hamburg, Germany ("App Audience").
2. Should it be necessary, App Audience is entitled to amend these T&C with effect for the future. In the event of a change to Cookie Monster, it may be necessary to also make changes to these T&C to ensure that they correctly and accurately reflect what we offer. App Audience will only make changes if the provisions are no longer applicable or incomplete, and only if the changes are reasonable, taking into account the interests of the Users. In this case App Audience will notify the User of the changes in an appropriate form. Unless otherwise required by law, the changes will be deemed accepted if the User does not object in writing or by email within a period of 4 weeks from notification and continues to use Cookie Monster. App Audience will inform the user of the right of objection and the legal consequences of missing the deadline within the scope of the notification. In the event of an objection, App Audience is entitled to terminate the User's contract.
3. Deviating, conflicting or supplementary general terms and conditions of the User, even if known, will not become part of the contract unless App Audience has expressly agreed to their validity in writing.

§ 2 How Cookie Monster works

Cookie Monster is a free browser extension that automatically sends the user's consent to data processing on selected websites to the servers there as soon as the user enters them. This means that the cookie banner of the website is no longer displayed to the user when the website is entered. The user can activate and deactivate the Cookie Monster function described in § 2 paragraph 1 in the browser in the extension by operating a slider. In case of deactivation, no consent will be sent to the websites' servers and cookie banners will be displayed again.

§ 3 Conditions of use for Cookie Monster

1. At the latest with the first start of Cookie Monster and the acceptance of these T&Cs an agreement on the use of Cookie Monster is concluded between the user and App Audience.
2. Before using Cookie Monster for the first time, the user must agree to these T&C as well as all declarations and agreements referred to therein and accepts them by any further use. By agreeing, the user confirms his knowledge and unrestricted acceptance of the content of these T&C. Without the consent to the T&C, the use of Cookie Monster is prohibited.
3. Cookie Monster can be used without or with registration. In the event of registration and creation of a user account, the user must provide an email address and a password of his or her choice. The user has no right to the creation of a user account.

§ 4 Benefits and Duties

1. App Audience endeavours to ensure that the services of App Audience are available to the User without disruptions. Due to maintenance work and/or further developments and/or other disruptions (e.g. from data suppliers or other service providers), the possibilities of use may be restricted and/or temporarily interrupted. This may also result in data loss under certain circumstances. This does not give rise to any claims for compensation on the part of the users concerned.
2. The service content of Cookie Monster does not include the use of the Internet required for this. The user is responsible for the internet access, the technical requirements and the configuration and performance of the end device for the use of Cookie Monster and the up-to-dateness of the required software himself and at his own expense.
3. The user is obliged to comply with these T&C when using Cookie Monster.
4. Moreover, the user must not: - Use Cookie Monster in violation of applicable law or for purposes that are inconsistent with applicable law; - Copy Cookie Monster into its browser for purposes other than its execution, except for the creation of a backup copy to be used solely as a back-up and to be kept by you in a secure location not accessible to third parties; - Rent or sell Cookie Monster to third parties, sublicense Cookie Monster to third parties, or otherwise make Cookie Monster's features or services available to third parties; - reverse engineer, decompile, edit or create derivative works from Cookie Monster; the user's rights under § 69d (3) and § 69e of the German Copyright Act (UrhG) remain unaffected; - circumvent, disable or otherwise interfere with Cookie Monster safeguards designed to prevent or restrict unauthorised use or copying of Cookie Monster content; - attempt to test Cookie Monster for potential vulnerabilities and in doing so breach, compromise or circumvent security or authentication measures designed to protect Cookie Monster; -automatically read the data from Cookie Monster;
5. App Audience reserves the right to provide updates to the software from time to time, but is not obliged to do so.

§ 5 Period of use, termination of the contract

1. The contract begins with the first use of Cookie Monster in accordance with § 3.
2. The user can unilaterally restrict or prevent use at any time by making restrictive settings on his end device or uninstalling Cookie Monster. Without giving reasons, the user has the option to cancel and terminate his registration at any time, should the user have created a user account in the latter case. This can be declared by e-mail to [...] or letter to App Audience or by deleting the user account via the corresponding function in Cookie Monster.
3. App Audience is entitled to terminate the contractual relationship with the User with a notice period of two weeks. The right to extraordinary termination for good cause remains unaffected by this if the continuation of the contractual relationship until the expiry of the statutory notice period is unreasonable for App Audience, taking into account all circumstances of the individual case and weighing up the interests of App Audience and the User.
4. In particular, good cause shall be deemed to exist if the user - seriously violates these T&C or - has provided incorrect contact details, in particular an incorrect or invalid email address.
5. Irrespective of a termination according to § 5 paragraph 3, App Audience can issue a warning or temporarily or permanently block access to Cookie Monster if there is good cause. Such an important reason exists in particular if there are concrete indications that a user violates legal regulations, rights of third parties or the provisions of these T&C or if App Audience has another justified interest, in particular to protect users from fraudulent activities. When choosing a measure, App Audience will take into account the legitimate interests of the User concerned, in particular whether there are indications that the User is not at fault for the violation.
6. App Audience expressly reserves the right to discontinue Cookie Monster after observing a reasonable period of notice, or without observing such a period of notice if there is good cause, while reasonably safeguarding the interests of the users.

§ 6 Liability

App Audience does not assume any warranty or liability for the provision and use of Cookie Monster, in particular not for direct or indirect damages resulting from the use of the information or data found in Cookie Monster. In particular, App Audience also assumes no responsibility for the content or the functionality, accuracy or legality of third party websites that are referenced by links from Cookie Monster.

§ 7 Rights

1. App Audience grants the User the non-exclusive, non-transferable right to install, store and use Cookie Monster on the User's terminal device in the browser in accordance with these T&C.
2. The software, code, methods and systems, as well as the content are protected by both copyright, competition law and other intellectual property rights and may only be exploited by App Audience. Cookie Monster or any part thereof may not be copied, modified, reproduced, republished or posted, transmitted, sold, offered for sale or resold, or used in any way without App Audience's prior written consent. Users are not entitled to use trademarks, logos or other industrial property rights of App Audience or Cookie Monster.

§ 8 Data protection

Our privacy policy applies to the processing of personal data. This is available under the following link: https://cookie-monster.io/

§ 9 Final provisions

1. German law shall apply to the exclusion of the UN Convention on Contracts for the International Sale of Goods. Place of performance and exclusive place of jurisdiction is Hamburg, as far as legally permissible.
2. The EU Commission provides a platform for out-of-court online dispute resolution (ODR platform), which can be accessed at https://ec.europa.eu/consumers/odr. We are neither willing nor obliged to participate in dispute resolution proceedings before a consumer arbitration board.
3. Amendments and supplements require the text form; this also applies to the cancellation of the text form. Oral agreements are only effective if they are confirmed in writing.
4. The possible invalidity of one or more provisions shall not affect the validity of the remaining provisions. In the event of the invalidity of individual provisions, the parties agree that they shall be replaced by a provision that comes as close as possible to the intended purpose in economic terms.
5. Subject to other regulations or other agreements, the User may transmit all declarations to App Audience by e-mail or by letter. App Audience may transmit declarations to the User by e-mail or by fax or letter to the addresses which the User has indicated as current.

Privacy policy - Cookie Monster

With this privacy policy, we would like to inform you about how we process personal data in the context of your use of Cookie Monster and inform you about your rights.

Name and contact details of the responsible person

App Audience Media GmbH Mittelweg 24d 20148 Hamburg Germany represented by: Alexander von der Geest Registry court: Amtsgericht Hamburg, registration number HRB B 152674 E-mail:

Name and contact details of the data protection officer

privacy@cookiemonster.com

Data processing by Cookie Monster

The following data is processed when you use Cookie Monster:

For non-registered users:

• Randomly generated user token
• Status of the user's consent ("Switch cookie banner on or off")
• History of websites on which cookie banners were automatically closed

For registered and logged-in users:

• E-mail address
• Password
• Randomly generated user token
• Status of the user's consent ("Switch cookie banner on or off")
• History of websites on which cookie banners were automatically closed

Purposes of data processing

Cookie Monster is a browser extension that automatically sends the user's consent to data processing on selected websites to the servers there as soon as the user accesses them. This means that the cookie banner of the website is no longer displayed to the user. For the purpose of recognising the selected websites, the extension, if activated by the user, scans the loading process when the user accesses websites. The user can deactivate Cookie Monster by setting the slider in the program mask to "Off"; in this case, there is no scan of loading processes, consent is not automatically sent to the servers of the selected websites and cookie banners reappear.

In order for Cookie Monster to function as described and for us to provide the extension to our users, it is necessary to process the data listed above.

If a user also wishes to create a user account with us, he or she must provide an e-mail address and a password of his or her choice.

Legal basis of the processing

The data processing serves the fulfilment of our service obligation towards the users who have installed Cookie Monster in their browser, to make it available in its function and to provide the desired account for registered users, and is based on art. 6 (1) lit. b GDPR.

Data recipient

The data is stored on servers of OVH GmbH, Christophstraße 19, 50670 Cologne, Germany, which belong to OVH Groupe SAS, 2, Rue Kellermann, 59100 Roubaix, France ("OVH"). Further details on data protection at OVH can be found at https://www.ovhcloud.com/de/terms-and-conditions/privacy-policy/.

No data transfer to third countries

The data is stored and processed in the EU or within the EEA. Data is not transferred to third countries.

Storage period

We only store your personal data as long as it is necessary to achieve the purpose of the processing or the storage is subject to a legal retention period. Specifically, we store your data if we need the data to perform the contract, at most for as long as the contractual relationship with you exists or legal retention periods run.

User rights

You have - partly under certain conditions - the right to

• request access to the processing of your data for free and to receive a copy of your personal data, art. 15 GDPR.
• have your data rectified or to have incomplete data completed, taking into account the purposes of the processing, art.16 GDPR.
• the erasure of your data, art. 17 GDPR.
• restrict the processing of your data, art. 18 GDPR.
• data portability, art. 20 GDPR.
• object to the processing of your data, art. 21 GDPR.
• withdraw your consent to the processing of your data at any time for the future.
• lodge a complaint to the competent supervisory authority about unlawful data processing, art. 77 GDPR.

Data sources

We obtain the data from you (including via the devices you use). If we do not collect the personal data directly from you, we will also tell you the source of the personal data and, if applicable, whether it is from publicly available sources.

Provision of data

Unless expressly stated at the time of collection, the provision of data is not required or obligatory. Such an obligation may result from legal requirements or contractual regulations.

Automated decision making (including profiling)

Automated decision-making including profiling does not take place.