As at: 03 September 2019
We take your privacy very seriously. That’s why we will only ever collect the information we need to guarantee a hassle-free musegear finder experience.
MS kajak7 UG, Rückertweg 8, 74182 Obersulm, Germany is the responsible party or data controller with respect to Personal Information collected through the Services.
1. Information musegear Collects
A. Registering for the Mobile App
It is not necessary to create an account in order to use the musegear finder app. You may, however, choose to share your e-mail address with us to receive news that relate to the musegear finder.
We do not identify you personally to other users, nor do we make your Personal Information available to any third parties in any way that could disclose your identity without your prior consent.
B. Information from Your Use of the Services
Only with your prior consent (in accordance with the Terms of Service), the following applies:
The musegear finder app is designed to tell you where your items are. In order to do that, it’s necessary to collect data about your location. We use the term “Location Information” to refer to the combined location data of your phone or device, and your musegear finder.
While the app is running on your device, your location information will be stored on your mobile (in case you activated tracking service and allowed the app access to it).
The location information associated with your finder is never made available to a third party.
C. Mobile Application Usage Information, Support
In order to optimize our musegear finder app, we employ Google Firebase (Google Inc., 1600 Amphitheatre Parkway, Mountain View, CA 94043, USA, “Google”) to collect anonymized usage information. Firebase Analytics enables us to better understand how our Services are being used. It collects fully anonymized App usage information, which is then transferred to and stored in a Google facility. To this end, Google uses the end device’s advertising ID. Google processes the above-mentioned information to analyze how our App is being used and to provide related services to us. You may choose to limit the use of your device’s advertising ID via the device settings (iOS: Privacy/ Advertising/ Limit Ad Tracking; Android: Accounts/ Google/ Ads). Google Inc. is certified under the Privacy Shield Framework, which guarantees compliance with European data protection legislation (https://www.privacyshield.gov/participant?id=a2zt000000001L5AAI&status=Active). Google may rely on third-party subprocessors to assist them in providing Firebase services. A current list of subprocessors can be found here: https://firebase.google.com/terms/subprocessors. We analyze data and use Firebase services based on our legitimate interest to analyze, optimize and commercialize our Apps in accordance with Art. 6 (1) (f) GDPR.
It is not possible for us to trace the collected usage information back to individual users. We, do, however, employ the above analysis mechanism based on our legitimate interest to optimize our services for your benefit pursuant to Art. 6 (1) (f) GDPR. You may opt out of Firebase Analytics at any time using the Anonymous Statistics slide switch in the App settings.
We provide support services through a number of channels, namely via app, our website, social media, email, and phone. We collect any Personal Information you may choose to provide to our customer care team in the process. This includes, but is not limited to: your name, email address, phone number, and mailing address. We may use and process your Personal Information, including location information, to handle your support request and provide you with the best support possible.
2. Third Party Services
Sometimes musegear uses third party services (including data processors and controllers) to perform services on musegear’s behalf. These services include certain services offered by Google and Apple. These outside services may also collect Personal Information about you and your activities.
3. We Are Not Responsible for Content on Third Party Websites
4. Personal Information Posted to Our Blog and Community Forum Are Public
If you choose to submit your musegear success story or comment on our blog (“Feedback”), you should know that any Personal Information you submit there can be read, collected, or used by other users of those blogs, and could be used to send you unsolicited messages.
We are not responsible for the Personal Information you choose to provide in your Feedback or for any content or communications you receive as a result of sharing such information.
To request removal of your Personal Information from our blog or musegear success story, please contact us at email@example.com
If you have subscribed to our newsletter or otherwise provided us with your email address in the context of using our Services, we may occasionally send you promotional newsletters and emails relating to our Products and Services. You have the opportunity to opt-out of these by following the unsubscribe instructions provided in the emails you receive. Please also refer to our Terms of Service.
6. We Take Security Seriously
In accordance with the principle of data minimization, we implement various systems, applications and procedures to secure your Personal Information, in order to reduce the risks of theft, damage, loss of information, or unauthorized access, disclosure, modification or use of information. Please be aware, however, that these measures cannot absolutely guarantee the security of your Personal Information. Therefore, although we take great efforts to protect your Personal Information, we cannot guarantee and you cannot reasonably expect that our databases will be immune from any wrongdoings, malfunctions, unlawful interceptions or access, or other kinds of abuse and misuse.
8. Transfers of Data Including Outside the EEA
The data that we collect from you may be transferred to, and stored at, a destination outside the European Economic Area (“EEA”) or other country you reside in. We assure you that mechanisms and agreements are in place to ensure that your Personal Information is held and processed in line with legal requirements.
9. Blocking and Deletion and Other Rights Resulting from Applicable Data Protection Law
We will delete or block your Personal Information, once we do not need it any longer for any of the above purposes for which we have collected or received it, unless we are required to do so by law, e.g. to comply with retention periods laid down in commercial and fiscal laws.
You further have the right to obtain information from us regarding your Personal Information stored on our systems; to have us correct erroneous Personal Information; to have us delete your Personal Information as described above; to limit the extent to which we may process your information; and to object to any further processing. You also have the right to receive your Personal Information pursuant to Art. 20 GDPR.
10. Contact Us if You Have Any Questions or Concerns
You are entitled at any time to request information about your Personal Data that we store and request us to correct, delete or block your Personal Data. If you wish to do so, or have any other question relating to data protection in connection with the Website, the Services or the musegear finder App, please contact us at firstname.lastname@example.org or by postal mail:
MS kajak7 UG, Rückertweg 8, 74128 Obersulm, Germany.
musegear finder AGB
Last Updated: 01 July 2019
We may modify these Terms at any time, in our sole discretion. If you continue to use the Services after we’ve notified you that the Terms have been modified, you are agreeing to be bound by the modified Terms. If you do not agree to be bound by the modified Terms you must cease to use our the Services. Because our Services continue to evolve, we may change or discontinue all or any part of the Services, at any time and without notice, in our sole discretion, however you always have a right to terminate at any time. In case of material modifications to the Terms, the Services or the pricing or in case of modifications that are disadvantageous to you, such modified version of the Terms only applies after you have accepted it. You may use the Services and the musegear finder hardware device (the “Product”) only if you are 18 years or older and capable of forming a binding contract with musegear and are not barred from using the Services under applicable law.
Subject to your compliance with these Terms, musegear grants you a limited, non-transferable and non-exclusive license to download and install a copy of our musegear finder app (the “App”) on a single mobile device that you own or control and to run such copy of the App and use our Services solely for your own personal non-commercial purposes. We reserve all rights in and to the App and Services not expressly granted to you under these Terms. You may not: (i) copy (save to the extent required to use the App and Services for your own personal use or to make a backup copy), modify or create derivative works based on the App or Services; (ii) distribute, transfer, sublicense, lend or rent the App to any third party; (iii) reverse engineer, decompile or disassemble the App, unless explicitly permitted by applicable law; or (iv) make the functionality of the App or Services available to multiple users through any means.
Downloading Our App
When you download our App from the Apple App Store, Google Play or other app store or app distribution platform (an “App Store”), you acknowledge and agree that:
- These Terms are concluded between you and us, and not with the App Store, and we (not the App Store), are solely responsible for our App.
- The App Store is not responsible for addressing any claims you have relating to our App, including consumer protection claims, product liability claims, intellectual property infringement claims, or any claim that our App fails to conform to any applicable legal or regulatory requirement.
- The App Store has no obligation to furnish any maintenance and support services with respect to our App or handle any warranty claims.
- The App Store is a third party beneficiary of these Terms and has the right to enforce these Terms against you (as it relates to your license of the musegear finder App through their App Store). You must also comply with the App Store’s terms of service when using our App.
Consent to Processing of Your Location Data
We have the right (but not the obligation) to review any or all portions of Content that you publish and delete (or modify) any of your Content from our Services for any reason, including if we believe, in our sole judgment, your Content violates these Terms, or that we believe threatens the safety of, or harms any other person, or creates liability for us or any other person. We reserve the right (but have no obligation) to investigate and take appropriate action, including removing your Content from our Services (or modifying it), suspending or terminating your account and/or suspending or terminating the provision of our Services to you, and/or reporting you to law enforcement authorities, if you violate provisions of these Terms. In order to cooperate with governmental requests, subpoenas or court orders, to protect our systems, service providers, partners, and other users, or to ensure the integrity and operation of our business and systems, we may be required to access information that you have provided.
You agree not to do any of the following:
- Use the Services or Content for any commercial purpose or for the benefit of any third party or in any manner not permitted by these Terms;
- Use the Services to track the location of, or collect any personally identifiable information from, any other person without their express permission;
- Intercept or “sniff” the communication packets between the musegear hardware and mobile devices or attempt to reverse engineer the app protocol;
- Access, tamper with, or use non-public areas of the Services, musegear’s computer systems, or the technical delivery systems of musegear’s suppliers;
- Interfere with, or attempt to interfere with, the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, or mail-bombing the Services;
- Attempt to access or search the Services or Content or download Content from the Services through the use of any tool, device or mechanism (including robots, spiders, crawlers, data mining tools or the like) other than the software and/or search agents provided by musegear or other generally available third party web browsers;
- Submit or transmit any Content that: (i) infringes, misappropriates or violates a third party’s patent, trademark, copyright, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy; (ii) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability; (iii) is fraudulent, false, misleading or deceptive; (iv) is defamatory, obscene, pornographic, vulgar or offensive; (v) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (vi) is violent or threatening or promotes violence or actions that are threatening to any person or entity; or (vii) promotes illegal or harmful activities or substances; - Violate any applicable law or regulation, including by stalking, harassing, or tracking others for unlawful or criminal purposes; or
- Encourage or enable any other individual to do any of the foregoing.
Intellectual Property Rights
It is our policy to remove, or disable access to, material that infringes any copyright of a third party after we have been notified by the copyright owner or the copyright owner’s legal agent. If you believe that your work has been copied and posted on through our Services in a way that constitutes copyright infringement, please provide our copyright agent with the following information:
- an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
- an identification of the copyrighted work that you claim has been infringed;
- a description of where the material that you claim is infringing is located on our Services; - your address, telephone number, and e-mail address; - a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or law; and
- a declaration in lieu of oath that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
Notice of claims of copyright infringement should be sent to us either via email at email@example.com or by mail addressed to MS kajak7 UG, Rückertweg 8, 74182 Obersulm, Germany
Content You Provide
You are responsible for the content, such as any text, images, and other material and information, that you upload or post on or through our Services (your “Content”), and its legality, reliability, and appropriateness. You should only upload or post Content that you create or have the right to use and publish. You agree that we can also make your Content available to other users of the Services in connection with using our Services, who may view and/or use your Content, subject to these Terms.
You acknowledge that all intellectual property rights in our Products, App and Services, including the underlying software and technology and the information and content available on our Services, are owned by us and our suppliers (including other users). If you provide any suggestions, ideas, feedback, or recommendations to us regarding our Products, App or Services (“Feedback”), we may use this Feedback for any purpose and without any obligation to you. By providing us with Feedback, you give us, free of charge, a worldwide, irrevocable, and royalty-free license to use and exploit in any manner any and all Feedback for the full period of such Feedback’s legal protection under any applicable intellectual property right recognized in any jurisdiction in the world.
Termination and Cancellation
We reserve the right to terminate or suspend your access to any or all portions of the Services at any time (with reasonable notice if required by applicable law), for any reason, including your violation or breach of any provision in these Terms. Upon termination, all rights and licenses granted to you in these Terms immediately end. If your access to our Services is terminated or suspended because you violated these Terms, you will not be entitled to any refund of any fees or payments and you will have no further right to access any of the foregoing. For further information regarding your right to return the Product and cancel the Services, please see our Warranty and Refund Policy at musegear-finder.net .
musegear finder: Limited warranty
musegears’s limited warranty is available on our Warranty and Refund Policy page, available at musegear-finder.net and is incorporated by reference into these Terms.
THE APP AND THE SERVICES ARE DESIGNED SOLELY TO HELP YOU LOCATE YOUR PERSONAL ITEMS (SUCH AS KEYS, WALLETS, REMOTE CONTROLS, ETC.) WITHIN A CLOSE PROXIMITY. THEY ARE NOT DESIGNED NOR DO THEY PROVIDE ANY REAL-TIME TRACKING CAPABILITIES. WE DISCLAIM ANY LIABILITY RESULTING FROM ANY USE OF THE APP AND/OR THE SERVICES FOR ANY PURPOSE OTHER THAN THEIR INTENDED DESIGN. WE ARE FURTHERMORE LIABLE TO THE EXTENT LAID DOWN IN APPLICABLE LAW
These Terms will be governed by and construed in accordance with the laws of the Federal Republic of Germany, without regard to or application of conflicts of law rules or principles. However, these Terms will be governed by the law of the country in which you are domiciled if you are domiciled in the European Economic Area and the courts of that country will have exclusive jurisdiction in relation to this Agreement.
Settlement of Disputes
If you are in the EU and we are unable to resolve any disputes, you may have certain rights to refer disputes to the EU’s Online Dispute Resolution platform at https://ec.europa.eu/consumers/odr/main/index.cfm. If any part of these Terms is determined to be invalid or unenforceable by a court of competent jurisdiction, that provision will be enforced to the maximum extent permissible and the remaining provisions of these Terms will remain in full force and effect.
MS kajak7 UG is neither obligated nor willing to take part in dispute resolution procedures pursuant to Germany’s Act on Alternative Dispute Resolution in Consumer Matters (VSBG) before a consumer conciliation body (Art. 36 VSBG).
Alerts and Notifications
As part of the Services we provide, you may (if enabled) receive push notifications, alerts, text messages, emails, or other types of messages directly sent to you outside or inside the App (“Push Messages”). You have control over the Push Messages settings, and can opt in or out of these Push Messages through the Services (with the possible exception of infrequent, important service announcements and administrative messages). By default, Push Messages are disabled. Please be aware that third party messaging fees may apply for some of the Push Messages depending on the plan you have with your mobile service provider.
If you have any questions about these Terms, please contact us at: firstname.lastname@example.org