PlainProxies Terms of Service

Last Updated : Sept 10, 2022

1 DEFINITIONS

i. "Buyer/Purchaser" every natural person or legal person who enters into a contractual relationship with Us, including, but not limited to Consumers and Professional Customers. Further also referred to as “you” or “your”;

i. "Services" all the services offered for sale on the website;

i. "We/Our/Us" means the company as referred to in article 2 of these terms and conditions;

i. "Website" the website www.plainproxies.com as a whole.

1 IDENTIFICATION

3xK Tech GmbH (hereafter: "PlainProxies" and "We")

Altenhofer Weg 21

16244 Schorfheide

Germany

VAT ID: DE344070238

3 APPLICATION OF THE TERMS AND CONDITIONS

1. The Terms and Conditions apply to all current and future sales of Services by PlainProxies to the Purchaser. By using the Website, the Purchaser accepts these Terms and Conditions, as well as all other rights and obligations as stated on the Website.

2. These Terms and Conditions are always and exclusively applicable, except in the case of an explicit derogation. An explicit derogation is only valid when it is the result of a mutual agreement that is recorded in writing. Explicit derogations are only valid when they replace or supplement the clauses they relate to. These derogations do not affect the applicability of other provisions of the Terms and Conditions.

3. PlainProxies reserves the right to amend and/or supplement the Terms and Conditions in the future. Any future changes will have no effect on existing Service orders and consequential agreements.

4 OFFER AND ACCEPTANCE

1. Our online offer is presented with the utmost care. We provide information about the features of the Services. We provide this information to the extent technical resources permit Us.

2. In order to access the Services of Our Website, you may be requested to complete the verification process, where you must explain how you use the proxies and which services you will access with the proxies. We will do a background check, based on the information you gave Us, to see if your data is linked to any illegal activities. If We suspect that you use Our proxies for illegal purposes or the information you give Us is insufficient, unclear or false, We have the right to deny access to the Services of Our Website, temporarily or permanently.

3. We will not be held liable for the temporary or permanent unavailability of any Service on Our Website and/or for any damage that may result from the non-availability of a particular Service.

4. We select the offered proxies with utmost care, but We will not be held liable if certain proxies offered on the Website, do not work due to third party factors.

5. We have the option to impose specific conditions on a particular offer, such as a limited period of validity. Such specific terms and conditions only apply if they are explicitly communicated prior to the order.

6. If you accept these Terms and Conditions, you not only accept to the terms listed here, but you also accept not to use this Website or Our proxies in violation of any applicable European or U.S. regulation.

7. If you do not respect the previous clause 4.7, you use Our proxies for an illegal purpose, or you deny our request to complete the verification process (our KYC form) or give false information therein, We have the right to delete your account of Our Website without a previous warning. In this case, We will not reimburse you for the time you paid for and didn’t get to use or for the resources you didn’t get to use.

5 PRICING

1. All prices are indicated in Euro and exclude VAT and other taxes. The individual Service price does not include the VAT tax. These costs will be communicated to you in the last step of the payment process.

2. The price as displayed on the confirmation of order is the final price to be paid. Obvious errors in pricing, such as obvious inaccuracies, can still be corrected by PlainProxies after the conclusion of the Contract. The Purchaser must communicate any complaints regarding the pricing or the payment within seven (7) calendar days after the confirmation of order, in writing. The filing of a complaint does not suspend due payments.

3. We have the right to change Our prices at any time but commit to always apply the prices that was indicated on Our Website at the time of your order. Price changes that are due to changes in VAT rates will be borne by the Purchaser.

6 PAYMENT TERMS

1. Each payment is handled promptly and completely, i.e. when the Purchaser places his order. We accept the payment methods as indicated on Our Website, which are: CryptoCurrency, PayPal, Credit Card

2. In the future, PlainProxies can always expand the payment methods. These expansions will always be announced on Our Website. We take all necessary precautions to ensure safe payments. Our main concerns are a loss or theft of your identity or financial information. The use of the above mentioned authorized payment partners and credit card issuers provide the necessary guarantees.

3. We make use of the secured payment system of Coinbase Commerce and Paddle for the further processing of the payment. These closed security systems will process your payment details in an encrypted manner. Security measures are provided. These payments are subject to the general terms and conditions of Coinbase Commerce and Paddle which are solely responsible for the correct execution of the online payments.

4. We shall only provide access the the purchased good as soon as We have received evidence from the payment system of the full payment of all amounts owed by the Purchaser.

7 ACCESS

1. PlainProxies provides the Services with utmost care, in accordance with the standards of the industry and in accordance with these Terms and Conditions. The Purchaser must ensure that he provides us with accurate and complete information.

2. The access to the Service shall begin once the order confirmation has been sent and the Purchaser received the confirmation email that his service is started.

3. The Purchaser is responsible to make the delivery possible at the indicated email-address. A delivery is performed as soon as the ordered Services are offered at the indicated e-mail address. If a delivery is unsuccessful due to a failure by the Purchaser (for example, if the given e-mail address is incorrect), We recommend you send Us an e-mail, so We can come to an agreement.

8 RIGHT OF WITHDRAWAL

1. Consumers, as defined in article 1 of the Terms and Conditions, have a right of withdrawal. A Consumer can cancel the purchase within fourteen (14) days from the day following the delivery of the Service. A Consumer is not obliged to pay a fee or provide a motive. Of course, We would like to hear feedback so that We can improve Our service.

2. However, since We are offering digital content, not supplied on a tangible medium, We cannot offer you a right of withdrawal. Before you can buy Our Service, you have to agree to waive your right of withdrawal.

10 PROTECTION OF PERSONAL DATA

1. The information provided by you is necessary for the processing, handling and completion of your order. If these data are missing, your order cannot be executed. Providing incorrect or false personal data is considered a breach of the present Terms and Conditions. Your personal data will only be processed in accordance with Our privacy policy.

11 LINKS TO OTHER WEBSITES

1. Our Website may contain or provide hyperlinks or point to other websites and/or electronic communication portals maintained by third parties or may provide third party content on Our Website by framing or other methods. Such a reference being made on Our Website does not mean that there is any connection between Our Website and these third-party websites, nor that We (implicitly) agree with the content of those sites.

2. We do not guarantee or assume any liability for the accuracy, legality, completeness or quality of the content of these external websites linked to on Our Website or of other electronic communication portals that are not under Our actual control. These references are therefore to click at your own risk and responsibility. We are not liable for any damage resulting therefrom.

3. These external websites do not offer the same guarantees as We do. We therefor recommend you to carefully read the terms and conditions and privacy statement of these other websites.

12 INTELLECTUAL PROPERTY

1. PlainProxies retains all intellectual property and other related rights with regard to the Website. These intellectual property rights include copyrights, trademarks, design rights and/or other (intellectual property) rights, including technical and/or commercial know-how, methods and concepts, whether or not patentable.

2. The Purchaser is not allowed to make use of any of Our intellectual property rights and/or to make changes in the presentation of these rights as described in this article, unless this is necessary for private use of the Service or We have given you Our permission.

13 FORCE MAJEURE

1. We are not responsible for compliance with Our obligations under these Terms and Conditions in the event of force majeure. Force majeure is understood to be a situation in which the performance of Our obligations, in whole or in part, whether or not temporarily, is prevented by circumstances beyond Our control.

2. In the event of force majeure, these obligations will be suspended and We will make all reasonable efforts to limit the consequences of the force majeure situation. In the event of force majeure exceeding fourteen (14) days, either Party shall be entitled to terminate the Contract by giving written notice to the other Party, without the Parties owing each other any compensation (except for the refund of the Service paid by you and not delivered).

14 GENERAL

1. If any provision of these Terms and Conditions (or part thereof) is declared void, invalid or unenforceable, such invalidity, nullity or unenforceability shall not in any way affect the validity or enforceability of the remaining provisions of these Terms and Conditions. In case of nullity, invalidity or unenforceability, the Parties shall, to the extent possible, negotiate to replace the null, void or unenforceable provision (or part thereof) by an equivalent provision that complies with the spirit of these Terms and Conditions.

2. The fact that We fail to require the strict application of any of the provisions of these Terms and Conditions cannot be considered as a tacit waiver of Our rights and does not prevent Us from demanding strict compliance with these provisions at a later date.

3. The Terms and Conditions shall always and exclusively apply to all present and future Contracts between you and Us, except in the case of an express derogation. An express deviation is only valid to the extent that it is the result of mutual agreement between you and Us which is explicitly recorded in writing. Express deviations are only valid to replace or supplement the clauses to which they relate. The other provisions of these Terms and Conditions remain fully applicable.

15 APPLICABLE LAW, ARBITRATION AND COMPETENT JURISDICTION

1. These Terms and conditions shall be governed and interpreted exclusively in accordance with German law. All offers and Contracts are governed exclusively by German law. The applicability of the Vienna Sales Convention is expressly excluded.

2. In the event of any dispute regarding the execution or interpretation of these Terms and Conditions, PlainProxies will do everything in its power to find an amicable solution. In the absence of an amicable solution, the dispute may be submitted to an arbitration and mediation center.

3. All disputes relating to or arising from offers made by PlainProxies, or Contracts concluded with it, will be submitted to the courts of the judicial district of Brandenburg, Germany.

4. A Consumer can also submit a dispute regarding the Terms and Conditions to an independent dispute resolution body. For more information: https://ec.europa.eu/odr.

1 WHY THIS PRIVACY POLICY?

Every person who visits or uses the Website (hereafter: the “Visitor”) as well as every person who relies on our services (hereafter: the “Customer”) will in most cases disclose a certain amount of personal data. The personal data is information which allows PlainProxies to identify you as a natural person, regardless of whether we actually do this. You are identifiable as soon as it is possible to create a direct or indirect link between one or more data and you as a natural person. The Visitor and the Customer are hereinafter also jointly referred to as the "Data Subject".

We only use and process your personal data in accordance with the GDPR and any replacement legislation, or any similar regulation under any applicable law, and any regulatory requirements or codes of practice governing the use, storage or transmission of personal data. Every reference in this Privacy Policy to the ‘GDPR’ is a reference to the Regulation 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 (General Data Protection Regulation).

Through this Privacy Policy, every User of the Website is informed of the processing activities PlainProxies may carry out with his or her personal data. PlainProxies reserves the right to modify this Privacy Policy at all times. Every substantial change will be clearly communicated towards the User. We advise you to consult this document regularly.

2 WHO IS RESPONSIBLE FOR THE PROCESSING OF PERSONAL DATA?

PlainProxies is responsible for the processing and decides alone or in cooperation with others which personal data is being collected as well as the purposes and the technical and organisational means with regard to the processing of this personal data.

PlainProxies has taken appropriate technical and organizational measures to protect the personal data of its Visitors and Purchasers. PlainProxies uses various adequate security technologies and procedures to protect your personal data against unauthorized access, use or disclosure. PlainProxies ensures that your personal data is stored safely in a controlled environment.

PlainProxies is free to rely on data processors. A processor is the natural or legal person who processes your personal data upon request and on behalf of the data controller. The processor is required to ensure the security and confidentiality of the data. The processor shall always act on the instructions of the data controller.

PlainProxies relies on the following categories of "processors":

Companies we have engaged for marketing purposes;
Companies we have engaged for ICT technical support and hosting purposes;
Companies we have engaged for administrative purposes (e.g. CRM system);
Companies we have enabled for communication purposes (e.g. live chat on the website);
Companies we have engaged for analytical purposes;
Companies we have engaged for payment purposes.

3 ON WHAT LEGAL GROUNDS IS YOUR PERSONAL DATA PROCESSED?

In accordance with the GDPR we process personal data on the following legal grounds:

On the basis of the execution of the contract agreed upon with the Customer or the execution of pre-contractual steps taken at the request of the Data Subject; or
On the basis of compliance with legal or regulatory provisions with regard to the management of the contractual relationship with the Customer, invoicing in particular;
On the basis of our legitimate interest in responding to information requests from Visitors and Purchasers;
On the basis of our legitimate interest in sending promotional offers (direct marketing) to our Purchasers;
On the basis of the explicit consent to send promotional offers (direct marketing) to Visitors.

4 WHICH PERSONAL DATA IS PROCESSED?

PlainProxies commits to only collect and process your personal data in a way that is adequate, relevant and limited to what is necessary for the purposes for which they are processed.

How much and what personal information PlainProxies collects about you depends on your use of the Website and/or of our services. The collection of personal data will be further expanded as more intensive use is made of our Website and our services. In general, Purchasers will provide more personal data than Visitors. The following categories of personal data are processed by PlainProxies:

Purchasers:
- Contact details (e-mail address);
- Financial identification data (bank or payment provider details);
- Electronic identification (IP address, cookies, location);
Visitors:
- Electronic identification data (IP address, location, cookies);
- Contact details (e-mail address);

5 FOR WHICH PURPOSES IS YOUR PERSONAL DATA USED?

The processing of your personal data is essential for the proper functioning of the Website and the provision of associated services. The collection of personal data becomes more extensive as the User makes more intensive use of our Website and our online services.

PlainProxies commits to solely process your personal data for the following purposes:

Purchasers:
- Customer management: customer administration, order management, invoicing, checking creditworthiness, support and complaint monitoring, prevent illegal activities.
- Personalized marketing and advertising. In that case, the Customer is always entitled to unsubscribe.
Visitors:
- Answering requests for information submitted via the contact form on the Website;
- Personalized marketing and advertising if the Visitor has expressly agreed to this. In this case, the Visitor is free to withdraw his consent at any time.

The Data Subject's personal data may also be used for the following purposes:

Dispute management.
Protection against fraud and criminal offences.

We also use cookies in order to recognise the (IP address of) Visitors and to offer them a personalised user experience, to remember technical choices and to detect and correct any errors which might be present on the Website. Furthermore, we use cookies to detect possible misuse of our proxies. For more information concerning the use of cookies, we kindly refer you to our Cookie Policy.

When visiting the Website, some data is being collected for statistical purposes. Such data is necessary to optimise your user experience. It concerns the following data: probable location of consultation, hour and day of the consultation and the pages which are being consulted, etc. In order to protect your privacy in the best possible way, this data is always anonymized.

The User provides the personal data to PlainProxies himself and therefore retains a certain degree of control. PlainProxies reserves the right to suspend or cancel certain operations if the required personal data is missing, incorrect or incomplete.

6 WHO RECEIVES YOUR PERSONAL DATA?

Your personal data will only be processed for internal use within PlainProxies. Your personal data will not be sold, passed on or communicated to third parties, unless you have given us your explicit consent beforehand, or if the transmission is necessary for the execution of the agreement or is legally required. We may work together with different cyber security authorities when requested to prevent the misuse of our proxies.

7 HOW LONG DO WE STORE YOUR PERSONAL DATA?

Your personal data is stored as long as necessary to achieve the purposes pursued. Your personal data will be erased from our database as soon as it is no longer necessary for the purposes pursued or if you validly exercise your right to erasure.

8 WHAT ARE YOUR RIGHTS?

1. Guarantee of a legitimate and secure process of your personal data

Your personal data is solely processed for the legitimate purposes explained in point 5. Your personal is collected and processed in an appropriate, relevant and non-excessive manner, and is not kept longer than necessary to achieve the intended purposes.

2. Right to access

If you can prove your identity, you have the right to obtain information about the processing of your personal data. Thus, you have the right to know the purposes of the processing, the categories of personal data concerned, the categories of recipients to whom the personal data is transmitted, the criteria used to determine the data retention period, and the rights that you can exercise on your personal data.

3. Right to rectification of your personal data

4. Right to erasure (or “right to be forgotten”)

You also have the right to obtain the erasure of your personal data under the following assumptions:

Your personal data is no longer necessary for the intended purposes;
You withdraw your consent to the processing and there is no other legal ground for processing;
You have validly exercised your right of opposition;
Your personal data has been illegally processed;
Your personal data must be deleted to comply with a legal obligation.

The deletion of personal data is mainly related to visibility; it is possible that the deleted data are still temporarily stored.

5 Right to limitation of processing

In certain cases, you have the right to request the limitation of the processing of your personal data, especially in case of dispute as to the accuracy of the data, if the personal data is necessary in the context of legal proceedings or the time required to PlainProxies to verify that you can validly exercise your right to erasure.

6 Right to object

You have the right to object at any time to the processing of your personal data for direct marketing purposes. PlainProxies will stop processing your personal data unless it can demonstrate that there are compelling legitimate reasons for the processing which prevail over your right to object.

7 Right to data portability

You have the right to obtain any personal data which you have provided us in a structured, commonly used and machine readable format. At your request, this data may be transferred to another provider unless it is technically impossible.

8 Right to withdraw your consent

You may withdraw your consent to the processing of your personal data at any time, for example for direct marketing purposes.

9 HOW TO EXERCISE YOUR RIGHTS?

If you wish to exercise your rights, you must send a written request and proof of identity by registered mail to PlainProxies, “Altenhofer Weg 21, 16244, Schorfheide, Germany” or by email to “[email protected]”. We will respond as soon as possible, and no later than one (1) month after receipt of the request.

10 POSSIBILITY TO LODGE A COMPLAINT

If you have any comments or complaints about the way in which we handle your personal data, we ask you to report them to us first. In this way, we can reach an amicable solution by mutual agreement.

If, after this notification, you are still not satisfied with the processing of your personal data by PlainProxies, you have the right to lodge a complaint with the competent Data Protection Authority (for Germany: https://www.bfdi.bund.de/).