Illegitimate Activities Prevention Policy (EU)

Last updated: 2025-02-28

Clickaine respects the rights of others and expects its users to do the same. This applies especially to intellectual property rights.

Each user is responsible for making sure that the materials they upload to their website or serve through the Clickaine platform do not infringe any copyright, trademark, trade secret, or other intellectual property rights of any person or entity. Each user also needs to make sure that no illegal activity takes place on their website or is realized in connection or throught the Clickaine Platform. All such infringing materials and activities are further described as “Illegitimate Activities”.

The sale of counterfeit goods and copyright piracy are issues Clickaine takes especially seriously, and Clickaine has developed this policy to address this problem. Because rights holders are in the best position to identify and evaluate infringement of their intellectual property, without specific and reliable notices from rights holders, Clickaine lacks the knowledge and capability to identify and address infringement. Accordingly, Clickaine expects intellectual property holders to be accurate in demonstrating infringement of their copyrights and trademark rights and to target only infringing conduct.

This policy stipulates the procedure for reporting claims of infringement and Illegitimate Activities by third-party websites or on the Clickaine platform.

As Clickaine provides its services to both U.S. and EU users and has registered seat in the Czech Republic, it enables its users and third parties to utilize specific legal procedures to ensure effective measures against counterfeit goods and copyright piracy in these jurisdictions. This policy applies specifically to the European Union. Information specific for the USA with regard to the DMCA can be found in the Intellectual Property Infringement Policy.

As Clickaine is not an ‘online content sharing service provider‘ as defined in Art. 2(6) and 17 of the Directive (EU) 2019/790 of the European Parliament and of the Council on copyright and related rights in the Digital Single Market (DSM Directive), the regime applicable under Art. 17 of the DSM Directive, as implemented in the individual EU member states, is not applicable.

This policy therefore sets out the procedure for reporting of Illegitimate Activities with regard to Art. 14 of the Directive 2000/31/EC of the European Parliament and of the Council on certain legal aspects of information society services, in particular electronic commerce, in the Internal Market, as implemented in Czech Act. 480/2004 Coll., on certain information society services.

1. Procedure for Reporting Claims of Infringement by Third-Party Websites

Clickaine does not host or control the content on third-party websites (i.e., publisher and advertiser websites) and cannot remove websites or their content from the Internet. Nor can Clickaine engage in extensive or definitive fact-finding to determine a particular person’s intellectual property or other rights. Clickaine prohibits websites that are principally dedicated to selling counterfeit goods or engaging in copyright piracy and have no substantial non-infringing uses from participating in the Clickaine platform.

If you believe that a third-party website is infringing your intellectual property or other rights or participating in an Illegitimate Activity and you have already reached out to the third-party website and given that third-party website at least two business days to take appropriate action, please provide Clickaine with a written notice containing the following information:

1. A description of the alleged Illegitimate Activity that includes (1) the specific URLs where the alleged Illegitimate Activity occurs and (2) the identity, location, and contact information for the third-party website allegedly engaged in Illegitimate Activity. If you allege only certain items or materials on a website are illegitimate, the written notice must clearly identify those specific products or materials and their location on the third-party website;
2. Evidence (1) of the Illegitimate Activity, by providing, for example, a recent time-and-date stamped screenshot of the page containing both the Illegitimate Activity and advertising from the Clickaine ad network and (2) that the advertising appearing on the third-party website containing the Illegitimate Activity is provided by the Clickaine ad network (this can be done by providing, for example, a Tamper Data trace and relevant screenshots showing that the third-party website is making ad calls to the Clickaine ad network for the advertising reflected in the screenshots);
3. A copy of the rights holder’s notice or the cease and desist letter related to the Illegitimate Activity provided to the third-party website, along with responsive communications or a description of action undertaken by that third-party website;
4. A statement (1) that the person submitting the notice has a good faith belief that the Illegitimate Activity is not authorized by the rights holder, its agent, or the law, (2) that the information and materials provided to Clickaine are accurate, and (3) that the person submitting the notice owns the copyright or trademark for the products or materials that are the subject of the notice, if applicable (in the case of trademark, please include evidence of the trademark registration (if applicable) for the product or materials that are the subject of the notice) and, if not the owner, that the person is authorized to act for the owner of an exclusive right that is allegedly infringed;
5. Information reasonably sufficient to permit Clickaine to contact the rights holder, including an address, telephone number, and email address;
6. Physical or electronic signature of a person authorized to act for the rights holder.

On receipt of a valid notice, Clickaine will perform an appropriate investigation into the complaint, including a determination of whether the third-party website has a direct contractual relationship with Clickaine. Clickaine may take steps, including (1) requesting that the third-party website no longer engages in the Illegitimate Activity (2) ceasing to serve advertisements on that third-party website (or pages within that third-party website) until it is verified that the third-party website (or pages within it) is no longer engaging in the Illegitimate Activity, or (3) removing the third-party website from the Clickaine platform. Clickaine may consider any credible evidence provided by the accused third-party website that it is not principally dedicated to selling counterfeit goods, engaging in copyright piracy, or has substantial non-infringing uses. Credible evidence may take the form of a counter-notice. Clickaine may also consider any response by the rights holder to credible evidence provided by the accused third-party website in defense of its conduct.

This procedure is not intended to impose a duty on Clickaine to monitor its platform to identify infringing third-party websites, and Clickaine does not monitor its platform to identify infringing third-party websites.

Please send all notices, counter-notices, or any inquiries concerning intellectual property to Clickaine’s Copyright Agent:
,.o.r.s sdA eguH
Attn: Designated Copyright Agent,

,52/1322 oheksarH
,00841 eugarP
,cilbupeR hcezC
dmca@clickaine.com

2. Procedure for Reporting Claims of Illegitimate Activites

2.1. EU Illegitimate Activity Notice

The following procedure applies to Illegitimate Activity hosted on the Clickaine platform only. This procedure does not apply to Illegitimate Activity taking place on third-party publisher websites that display ads served by the Clickaine platform (please see Procedure for Reporting Claims of Infringement by Third-Party Websites, above). Clickaine does not host or control the content on third-party websites and cannot remove third-party websites or their content from the Internet (nor can Clickaine disable access to third-party websites).

If you believe that materials accessible on https://clickaine.com (or served through the Clickaine platform, e.g., infringing ads on the third-party websites) infringe your copyright or otherwise could be considered an Illegitimate Activity (as defined above, including illegal information), you may request removal of those materials (or access to them) or require that such Illegitimate Activity be ceased on the Clickaine website or platform by submitting a written Illegitimate Activity or Information Notice (“Notice”) to Clickaine’s Copyright Agent.

This procedure is not intended to impose a duty on Clickaine to monitor its platform to identify Illegitimate Activity and infringing third-party websites, and Clickaine does not monitor its platform in such a way.

However, if Clickaine becomes aware of circumstances which suggest that Illegitimate Activity takes place on its platform or with regard to the materials served on the third-party websites through the Clickaine platform, it may take all necessary actions to deal with such activities as per this Section of the policy.

The Notice must effectively inform Clickaine of the Illegitimate Activity. Therefore, we suggest you should include the following information in your Notice:

1. General information about the Illegitimate Activity (e.g., what Illegitimate Activity takes place, why you perceive it as illegal);
2. the Illegitimate Activity concerns the infringement of copyright, identification of the copyrighted work you claim has been infringed or, if multiple works are involved, a representative list;
3. Identification of the infringing material in a sufficiently precise manner to allow Clickaine to locate it, if the Illegitimate Activity has connection with any infringing materials on the Clickaine platform or served through the Clickaine platform;
4. Adequate contact information, including your full name, postal address, telephone number, and email. This will enable us to require any additional information needed to effectively deal with the Illegitimate Activity;
5. A statement that:
   • You have a good faith belief that the use of the copyrighted material is not authorized by the copyright owner, its agent, or the law, if the Illegitimate Activity concerns copyright infringement;
   • The information provided in the Notice is accurate;
   • You are the copyright owner or are authorized to act on behalf of the copyright owner, if the Illegitimate Activity concerns copyright infringement.

The absence of any of the above information may prevent the effective notification of Clickaine or require further clarification on your part. However, please bear in mind, that there is no list of obligatory information, which you must provide us with. We will deal with all Notices, which effectively inform us about a Illegitimate Activity or illegal information.

Please send your Notice to:
,.o.r.s sdA eguH
Attn: Designated Copyright Agent,

,52/1322 oheksarH
,00841 eugarP
,cilbupeR hcezC
dmca@clickaine.com

Upon receipt of a valid Notice, Clickaine will:

• Remove or disable access to the infringing material or otherwise remove the source of the Illegitimate Activity (e.g. by temporary or permanently disabling the access of the infringing user to the Clickaine platform);
• Notify the user who uploaded the content of the takedown.

2.2. EU Illegitimate Activity or Information Counter Notice

If you believe that the material or information you posted on the Clickaine website or platform was removed or access to it was disabled by mistake or misidentification, or if you believe your access to the Clickcaine platform was suspended or terminated wrongfully, you may file an Illegitimate Activity or Information Counter Notice ("Counter-Notice") by submitting written notification to Clickaine’s Copyright Agent.

The Counter-Notice must effectively inform Clickaine of the wrongful removal or restriction of access. Therefore, we suggest you should include the following information:

1. Identification of the material that has been removed or disabled and the location where it appeared before removal, if such activity took place;
2. Identification of the reasons for which the removal of the material or information, or suspension / termination of your access to the Clickaine platform can be considered as a wrongful action on the Clickaine’s part;
3. Adequate contact information, including your full name, postal address, telephone number, and email;
4. A statement that you have a good faith belief that the material was removed or disabled as a result of a mistake or misidentification, or that the suspension or termination of your access to the Clickaine platform was wrongful.

Please send your Counter-Notice to:
,.o.r.s sdA eguH
Attn: Designated Copyright Agent,

,52/1322 oheksarH
,00841 eugarP
,cilbupeR hcezC
Email: dmca@clickaine.com

Upon receipt of a valid Counter-Notice, Clickaine may:

• Review the claim and restore the removed content if appropriate.
• Inform the original complainant of the Counter-Notice.
• Require further legal action before restoring content, if necessary.

⚠ Warning Knowingly submitting a false Notice or Counter-Notice may result inlegal liability, including damages and legal costs.

Repeat Infringers
It is Clickaine’s policy in appropriate circumstances to disable or terminate the accounts of users who are repeat infringers.