Terms of Use
1. Agreement
These Terms of Use ("Terms") govern your use of the GPC & Opt-Out Checker: Check My MarTech Data by DigiBiz360 browser extension, the DigiBiz360 command-line scanner, HTML report tool, and related web pages (together, the "Tools"), provided by DigiBiz360 ("DigiBiz360," "we," "us"). By clicking "I understand and agree," or by installing or using the Tools, you agree to these Terms. If you do not agree, do not use the Tools. If you use the Tools on behalf of an organization, you represent that you are authorized to accept these Terms for it.
2. What the Tools do
The Tools send the Global Privacy Control ("GPC") signal from your browser, observe network requests your browser makes to a list of known advertising and analytics vendors, compare requests made with and without GPC, and display automated labels summarizing those observations. The Tools are provided free of charge. DigiBiz360 separately offers paid audit and remediation services under separate terms.
3. Not legal advice; no attorney-client relationship
DigiBiz360 is not a law firm and does not provide legal advice. The Tools and their results are for general informational and technical purposes only. Using the Tools, or contacting us, does not create an attorney-client or other professional relationship. Consult a licensed attorney about your legal obligations or those of any business.
4. Nature and limits of results
Results are automated, client-side technical observations of specific page loads in a specific browser at a specific time and network location. Results are not legal conclusions, findings of fact about any business's practices, or compliance certifications, and must not be described as such. In particular, the Tools cannot determine whether any website operator is subject to the California Consumer Privacy Act or any other law; whether a visitor is treated as a resident of any jurisdiction; whether data is shared server-side; whether a vendor acts as a service provider, contractor, or under restricted-processing terms; or what contracts or consent records exist. Website behavior can vary by location, consent state, time, device, and reload. Our vendor list is incomplete and may be outdated. False positives and false negatives will occur. You are responsible for independently verifying any result before relying on it.
5. No guarantee of compliance
Using the Tools, or acting on their results, does not make any website compliant with any law or prevent any regulatory inquiry, enforcement action, or claim.
6. No affiliation or endorsement
DigiBiz360 is an independent private company. We are not affiliated with, endorsed by, or acting on behalf of the California Privacy Protection Agency, the California Attorney General, the Colorado or Connecticut Attorneys General, any other government agency, the Global Privacy Control specification authors or project, Google LLC, or any vendor identified in results. References to government announcements or enforcement actions are for informational purposes only.
7. Third-party trademarks
Names of companies, products, and services (for example Meta, Google, TikTok, Adobe, The Trade Desk, and LiveRamp) are trademarks of their respective owners. We use them only to identify the services observed. Such use does not imply any affiliation, sponsorship, or endorsement.
8. Acceptable use
You agree not to use the Tools or their results to: (a) harass, threaten, intimidate, or defame any person or business; (b) demand money, services, or other value from anyone, including by threatening to report them to a regulator or to publish results; (c) represent results as a legal determination, proof of unlawful conduct, or an official or government finding; (d) remove or alter the notices or footers included in copied results or reports when sharing them; (e) test systems in a way that violates law or a website's reasonable technical limits, or overload any service; (f) reverse engineer the Tools except as permitted by law or an applicable open-source license; or (g) violate any applicable law. We recommend testing only websites you own or operate, or have authorization to review, when you use results for business purposes.
9. Sharing results
If you share results with anyone, you are solely responsible for the accuracy and context of what you share and must include the accompanying notices. You should give website operators a fair opportunity to review and respond before drawing conclusions. Website operators can ask us to review a result as described on the methodology page.
10. Privacy
The extension runs its tests locally and does not send your browsing data to DigiBiz360, except when you choose to click "Get a paid audit," which shares the tested domain, result, and vendor names with digibiz360.com. See our Privacy Policy.
11. Paid services
Paid audits and remediation are governed by separate written agreements. Nothing in the Tools is an offer that binds DigiBiz360 until a separate agreement is signed.
12. Disclaimer of warranties
THE TOOLS AND ALL RESULTS ARE PROVIDED "AS IS" AND "AS AVAILABLE," WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND. TO THE FULLEST EXTENT PERMITTED BY LAW, DIGIBIZ360 DISCLAIMS ALL WARRANTIES, EXPRESS, IMPLIED, OR STATUTORY, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, ACCURACY, AND COMPLETENESS, AND ANY WARRANTY THAT THE TOOLS WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE.
13. Limitation of liability
TO THE FULLEST EXTENT PERMITTED BY LAW, DIGIBIZ360 AND ITS OWNERS, EMPLOYEES, AND CONTRACTORS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, REVENUE, DATA, OR GOODWILL, ARISING OUT OF OR RELATING TO THE TOOLS OR ANY RESULTS, INCLUDING YOUR RELIANCE ON OR SHARING OF RESULTS. OUR TOTAL LIABILITY FOR ALL CLAIMS RELATING TO THE TOOLS WILL NOT EXCEED ONE HUNDRED U.S. DOLLARS (US $100). THESE LIMITS DO NOT APPLY TO LIABILITY THAT CANNOT BE LIMITED UNDER APPLICABLE LAW, INCLUDING LIABILITY FOR FRAUD, WILLFUL INJURY, GROSS NEGLIGENCE, OR VIOLATION OF LAW TO THE EXTENT CALIFORNIA CIVIL CODE SECTION 1668 OR OTHER LAW PROHIBITS SUCH LIMITS.
14. Indemnification
To the extent permitted by law, you will defend, indemnify, and hold harmless DigiBiz360 from any third-party claims, losses, and expenses (including reasonable attorneys' fees) arising from your use of the Tools, your sharing or characterization of results, or your violation of these Terms.
15. Changes
We may modify the Tools, vendor lists, labels, or these Terms at any time. If we materially change these Terms, we will update the "Last updated" date and ask you to accept the updated Terms in the extension before continuing to use it. Continued use after acceptance means you agree to the updated Terms.
16. Termination
You may stop using the Tools at any time by uninstalling them. We may suspend or discontinue the Tools at any time. Sections 3 through 9 and 12 through 18 survive.
17. Governing law and venue
These Terms are governed by the laws of the State of California, without regard to conflict-of-laws rules. Any dispute will be brought exclusively in the state or federal courts located in Santa Clara County, California, and you consent to their jurisdiction.
18. Miscellaneous
If any provision is found unenforceable, the rest remain in effect. These Terms, together with the Privacy Policy, are the entire agreement about the Tools. Open-source components are governed by their own licenses. Our failure to enforce a provision is not a waiver.
19. Contact
Questions, concerns, or requests to review a result: sales@digibiz360.com.