General Terms and Conditions

General Terms and Conditions of Linker Media d.o.o.

1. Scope

1.1. The General Terms and Conditions of Linker Media d.o.o. (hereinafter Linker Media) regulate the use of Linker Media services by the Advertiser and together with the purchase order constitute a contract between Linker Media and the Advertiser.

1.2. These General Terms and Conditions also regulate the relationship between Linker Media and the Advertiser in relation to the conclusion of the contract, subject of the contract and in particular the responsibility for the content of the advertisement.

1.3. Should there be any inconsistency between the terms defined in the signed or accepted purchase order, those entered in the Linker Platform interface, or these terms, the campaign details entered in the Linker Platform interface will be applicable.

2. Definitions

2.1. Linker Media – means the company LINKER MEDIA d.o.o. for services, with its registered office in Zagreb, Makančeva 18, entered in the court register of the Commercial Court in Zagreb, Personal Identification Number: 12011769420, Company Court Registration Number: 080793943.

2.2. Website – means www.linker.hr and www.linker-media.net websites which, including all their content, are the property of Linker Media. Any information on the Website is provided for informational purposes only and in good faith.

2.3. Linker platform – is a digital platform, located at the Internet address https://linker.hr/ , https://linker-media.net/, which is intended for exchanging content and distributing ads on the portals within the advertising Linker network by mediating between advertisers and the media.

2.4. Linker network – is a network of Publishers – the media, i.e. electronic publications – that are contractual partners of Linker Media and that participate in the exchange of content and advertisements through the Linker platform.

2.5. Advertiser – a legal or natural person who contacts Linker Media with the intention of placing a specific advertisement through the Linker platform on the Publisher’s medium in the Linker advertising network for a fee, in order to facilitate legal transactions involving products, services, real estate, rights or obligations, and/or reach business partners and/or gain reputation or good name in the public.
Within the meaning of these General Terms and Conditions, Advertisers are various marketing and similar agencies that contact Linker Media in the name and on behalf of their clients with the intention of placing a specific advertisement through the Linker platform. By accepting these General Terms and Conditions, such Agencies guarantee that they are familiar with them and that they have informed their clients thereof.

2.6. Purchase order – represents all the parameters of the ordered service that the Advertiser submits either by e-mail, regular postal service, or by entering data into the Linker platform.

2.7. Contract – a contract on the provision of advertising services through the Linker platform concluded between Linker Media and the Advertiser, by which Linker Media undertakes to distribute previously submitted advertisement content to the Publisher of electronic publications (media portals), and the Advertiser undertakes to enter the advertisement content into the Linker platform in accordance with all applicable regulations related to advertising and to pay a fee to Linker Media. Linker Media is not an advertiser nor does it advertise content, but it rather mediates between the Publisher and the Advertiser in the distribution/placement of advertisements.

2.8. Conclusion of the contract – the Contract is considered concluded at the moment when Linker Media and the Advertiser have agreed on the essential components of the contract and is concluded as a rule:
• Remotely by electronic means – through exchange of e-mails
• Via physical delivery of a purchase order and acknowledgement of by Linker Media
• Via order placed through the platform (launching a campaign)
Linker Media has the right to refuse to enter into the contract, of which it is obliged to notify the Advertiser within 2 working days after the receipt of the purchase order.
The Advertiser warrants that the persons contacting Linker Media are authorised to enter into and conclude the terms and conditions of the contract.

2.9. Publisher – is a legal entity that daily or periodically publishes editorially designed program content for the purpose of informing and educating the public, through the media, i.e. electronic publications.

2.10. Portal – represents the Publisher as a medium, an electronic publication on which the advertisement will be displayed.

2.11. Advertisement – is a paid notice ordered by a legal or natural person with the intention of facilitating legal transactions involving products, services, real estate, rights or obligations, reaching business partners or gaining reputation or good name in the public. Advertisements are placed for a pecuniary fee or other fee or for self-promotion purposes. The words "Promo", and/or "Suggested Post" and/or "Recommended for You" and/or "Promoted Stories" and/or "Sponsored" and similar will always accompany the advertisement to indicate that it constitutes paid content.

2.12. Native advertising – is a way of advertising using paid advertisements that match the appearance, feel and function of the media format in which they appear.

2.13. Landing Page – indicates a unique URL/website which the reader reaches by clicking on the advertisement. The landing page is specified by the Advertiser. This can be the Advertiser's website, a published text of a paid PR article, application, You Tube video, etc.

2.14. Click – represents each visit of the reader to the Advertiser's advertisement realised through the Linker platform. Marked numerically (100 clicks, etc.), it represents the volume of service ordered by the Advertiser in the Linker platform, and is defined by the number of clicks ordered in the campaign. Once the number of clicks is reached in full, the campaign is considered complete.

2.15. Campaign – represents all the actions of the Advertiser in the preparation of advertisements, determination of the volume of advertising, target audience and the realisation of product presentation to the consumer. In order to run a campaign via the Linker platform, it is necessary to define the number of clicks in the campaign, budget and cost per click, as well as provide an image, text and landing page.

2.16. User/reader – means the consumer of the advertisement/content (hereinafter: the user), i.e. the reader of the Publisher’s media content in which the advertisement is distributed.

2.17. Complaint – means a user's complaint regarding the content of the advertisement.

3. Services

3.1. Linker Media owns the Linker platform, which is used for native advertising and content exchange on active portals in the Linker advertising network. Through the Linker platform, advertisements leading to a landing page defined by the Advertiser are displayed through the advertising network of the active portals.
Linker Media is not an Advertiser, has no knowledge of the characteristics and properties of the products and services that are advertised, nor does it guarantee for their content, but only mediates in the distribution of advertisements. The Advertiser has the sole responsibility for the content of the advertisement in respect of users.

3.2. Linker Media undertakes to display advertisements according to parameters such as graphics, text, time and others, which are specified or defined by the Advertiser until the expiration of the campaign and/or until the number of ordered clicks has been reached (i.e. until the paid balance is exhausted).

3.3. Linker Media cannot always guarantee the placement, positioning or delivery time of the advertisement content or a complete delivery of ordered clicks during the defined period of the campaign, i.e. the display of advertisements. However, it will do its best to meet all the requirements from the purchase order.

3.4. The Advertiser pays a fee exclusively for the delivered clicks, and the delivery of clicks also depends on the success and content of the media campaign defined by the Advertiser.

4. Content of advertisements

4.1. All content, product and/or services must comply with local restrictions and applicable advertising laws and regulations, depending on the country in which advertising takes place, which is the exclusive responsibility of the Advertiser.

4.2. The Advertiser is responsible for any impermissible activities authorised and performed under his username and/or password, unless he has previously notified Linker Media in writing of (suspected) unauthorised use of his username and/or password.

4.3. Advertisers are responsible in relation to Users, Publishers and any third parties for the content of their advertisements, and by submitting them to Linker Media, they explicitly confirm that their advertisements comply with legal provisions.

4.4. Linker Media, as an advertising intermediary, is not responsible for the content of any advertisement.

4.5. The Advertiser expressly undertakes not to submit advertisements with the following content:
• advertising of weapons and ammunition, pyrotechnic devices,
• tobacco and tobacco products,
• medicines and medical procedures that are only available on prescription,
• drugs, alcohol and alcoholic beverages
• informing and/or any advertising of foreign games of chance, as well as foreign game of chance organisers, unless it can guarantee that this type of advertisement is allowed in the country of advertising in which the advertisement is displayed. In any case, the Advertiser has the sole responsibility for the content of the advertisement.

4.6. By accepting these General Terms and Conditions, the advertiser accepts sole responsibility for the content of the ad and confirms that he is familiar with the advertising rules, consumer protection rules, and in particular accepts the following:
• Advertisements must be credible, truthful and complete
• The advertised product must meet all legal standards and procedures related to product placement and sale
• Misleading advertising that in any way misleads or is likely to mislead the persons to whom it is directed or to whom it reaches is prohibited, and is likely to influence their economic behavior, i.e. that it causes harm or it is likely that it will hurt competitors,
• Advertising of counterfeit products is prohibited,
• The advertisement and the landing page of the advertisement must not contain misleading business practices, in particular
> falsely claim that the product will be available only for a very limited period or that it will be available only under special conditions for a very limited period, in order to induce the consumer to make an immediate purchase decision,
> claim or otherwise create the impression that the product can be legally sold, when this is not the case
> falsely claim that the product can cure a disease, dysfunction or malformation
> stating that product reviews are provided by consumers who have actually used or purchased the product without taking reasonable and proportionate steps to verify that these reviews actually originate from such consumers
> submitting false consumer reviews or recommendations, or ordering from another legal or natural person to submit them, or misrepresenting consumer reviews or social recommendations for product promotion.
• The destination page must contain information on how to submit a complaint in case of placement of goods and services

4.7. Linker Media has the right to reject or remove advertisement content, suspend campaigns and/or deny advertisers access to the platform in the event of placement of any of the prohibited content listed in point 4.5., as well as in the case of the content which:
• is offensive, threatening, or inappropriate,
• is dangerous or promotes dangerous behaviour,
• includes false promises, fraudulent or illegal activities,
• is frightening, alarming, shocking, or bizarre,
• incites hatred, discrimination, abuse, intolerance, or exploitation, or
• directly displays personal information or sensitive information without the express consent of the concerned person.

4.8. In the event that Linker Media receives a complaint from a User about a published advertisement, Linker Media will send such a complaint to the Advertiser for further action, with a notification to the User.

5. Campaign details

5.1. Payment: Prior to launching a campaign, Linker Media reserves the right to an advance payment of the fee required to deliver the campaign. In this case, the advertisements within the campaign can start running only after Linker Media has verified the agreed fee in their account.

5.2. The number of clicks displayed in the Linker platform is the only relevant data on the basis of which the fee is calculated and the Advertiser has no rights to object to this and accepts the software algorithm of the platform as independent and objective.

5.3. Campaign management: The Advertiser understands and agrees to accept responsibility for his own actions on the Linker platform during the set-up and running of the campaign. Linker Media will not review Advertiser’s activities on his user interface and is not responsible for the Advertiser’s errors.

5.4. Linker Media will independently enter the campaign fee before the start of the advertisement, according to agreed terms.

5.5. Linker Media is entitled to refuse cooperation/publication of advertisements, in accordance with the provisions of Art. 2.7. of these General Terms and Conditions.

5.6. Campaign cancellation: When ordering a campaign, the Advertiser should define the beginning and end times of the campaign. The Advertiser can disable or cancel the campaign in writing within two working days or on his own via the platform.

5.7. Linker Media has also the right to suspend the campaign or revoke the Advertiser's right to use the services of the Linker Platform if for any reason it believes that the Advertiser has violated the provisions of these General Terms and Conditions.

6. Terms of use and limitations of liability

6.1. The Advertiser undertakes not to use the Linker Platform in any way contrary to the regulations in force, and not to enter into the Linker Platform or distribute through the Linker Platform any content that is contrary to the regulations in force, or to modify, delete or destroy any data on the Linker Platform.

6.2. In particular, the Advertiser has no right to download, duplicate, modify, edit, distribute, display, delete, send, sell, resell, adapt, or modify the content, create derivatives, include on other websites or media, or use in any other way the Linker platform and the Websites except for agreed purposes and/or information about Linker Media services.

6.3. Documents, data and information published on the Websites and the Linker Platform may not be reproduced, distributed or used in any way for commercial purposes without the express consent of Linker Media or in any way that may cause harm to Linker Media or any third party.

6.4. Linker Media disclaims all liability that may arise in any way from or in any way related to the use of the Websites and the Linker Platform, and for any damage incurred by the user or any third party in connection with the use or abuse of the content of the Websites and the Linker Platform.

6.5. Linker Media also waives any liability for damage that may occur to devices that provide access to the Websites and the Linker Platform and data stored on the same devices when using the Website and the Linker Platform, in case the said damage is caused by illegal actions of third parties, computer viruses and similar, and other cases for which it is not responsible.

6.6. Linker Media assumes no responsibility for the accuracy or reliability of any stance, opinion, advice, or statement posted on the Websites and the Linker Platform. Linker Media also does not bear any responsibility for any loss or damage incurred to the Advertiser caused by relying on information obtained through the Websites and the Linker Platform. The Advertiser assumes all responsibility for assessing the quality, accuracy, usefulness or completeness of any information, rating, stance, opinion, advice or other content available through the Websites and the Linker Platform.

6.7. The Websites and the Linker Platform may contain documents, data, information and links to third party websites. Those websites are not owned by Linker Media, nor does Linker Media have control over such documents, data, information or other websites and disclaims all liability, including but not limited to the accuracy, completeness and availability of content on websites created by third parties. Linker Media waives any responsibility for any content displayed on such third party sites, as well as for any products or services acquired through such third parties. Accordingly, these General Terms and Conditions do not apply in the case of use of the websites in question for any purpose. Visits to these sites are entirely at the Advertiser's own risk and Linker Media is not responsible for such conduct.

6.8. Linker Media reserves the right to prevent access to IP addresses (or users) from which actions contrary to these Terms and Conditions are performed, and will not bear any responsibility on that ground.

7. Content and data ownership

7.1. Content ownership: The Advertiser owns the intellectual property rights within the advertising content displayed on the ads and the landing page.

7.2. Data ownership: Linker Media processes data in accordance with the Privacy Policy, and in accordance with the requirements of the General Data Protection Regulation (EU) 2016/679.

8. Confidentiality

8.1. Both parties agree to respect "Confidential Information" (defined below) that one party discloses to the other in connection with their cooperation and these General Terms and Conditions.

8.2. The party receiving confidential information will not disclose it to a third party or use it for any other purpose, except in connection with its rights and obligations defined in these General Terms and Conditions.

8.3. Confidential information includes all information related to any of the parties or their subsidiaries or partners that is not generally known to the public, information marked as confidential or proprietary, including the terms and conditions of the contractual relationship between the parties (purchase order, mail correspondence, etc.).

8.4. Confidential information does not include information that at the time of publication or thereafter became part of the public domain through other sources, information that was legally in the possession of the recipient at the time of publication, information independently developed by the recipient without the use of confidential information or information subsequently obtained by a third party that is not subject to confidentiality obligation in relation to the published data.

8.5. Confidential information shall be kept in the strictest confidence and shall be protected by all reasonable and necessary security measures. The party receiving confidential information shall not disclose it to anyone other than on a need-to-know basis to employees who are bound by the same obligation of confidentiality. Any party may disclose confidential information to an extent that is strictly necessary to comply with the requirements of any court order, law or government agency.

9. Data protection

9.1. In compliance with all applicable laws (including the General Data Protection Regulation (EU) 2016/679), each party is individually responsible for complying with relevant notices and obtaining relevant consents.

9.2. To the extent necessary, the Parties shall cooperate in meeting the sender's request and implement appropriate technical and organisational measures to prevent accidental or unlawful destruction and loss, alteration, unauthorised disclosure or access to personal data. The Parties shall maintain and display on their websites easily accessible privacy policies that define the use of any cookie through the services used and include details of each party's security controls.

10. Competent court and applicable law

10.1. All disputes that may arise on the basis of these General Terms and Conditions shall be resolved before the competent court in Zagreb with the application of the law of the Republic of Croatia.

10.2. The applicable law for all Contracts concluded in relation to the use of the Linker platform is the law of the Republic of Croatia.

11. Amendment of the General Terms and Conditions

11.1. Linker Media is authorised, without prior notice, to amend the content of these General Terms and Conditions, its range of services, other information related to advertising and any other content of the Websites and the Linker platform, subject to public disclosure on the Website, and therefore users are obliged to review its content when visiting the Website in question. Acting contrary to this relieves Linker Media of any liability.

11.2. The General Terms and Conditions in force at the time of ordering a service are valid for the purchase order in question.

Version 1.3.

Zagreb, 27 February 2023