Date of current version: 03.10.2020
With our finder we want to give you back important life time, which you have so far had to deal with the nerve-racking searching for objects. In the following provisions you will find information on the ways and means we are going to reach this.
We take data protection very seriously. Therefore, we can assure you that we will only collect information which are necessary for an uncomplicated use of the musegear finder.
MS kayak7 UG, Rückertweg 8, 74182 Obersulm, Germany, is the responsible party or the data controller with regard to personal information collected via the services.
1. Information which the musegear finder collects
A. Registration for the mobile app
For the use of the musegear finder app it is not necessary to create an account. Nevertheless, you have the possibility to voluntarily provide your e-mail address in order to be informed about news in connection with the musegear finder. We do not identify you personally to other users, nor do we pass on your personal data to other users. We will disclose your personal information to third parties in any way that could identify you without your prior consent.
B. Information about your use of the services
The musegear finder app is intended to inform you where your items are located. To do this, data on your location must be collected. With the term "location information" we refer to the combined location data of your phone or device and your musegear finder.
While the app is running on your device, the location information is stored locally on your smartphone (if you activate the tracking services and allow the app to have access).
The ones assigned to your finders location information is not accessible to third parties.
C. Usage information for mobile applications, support
To optimise our musegear finder app, we use Google Firebase (Google Inc., 1600 Amphitheatre Parkway, Mountain View, CA 94043, USA, "Google") to record anonymously how the app is used. Firebase Analytics enables the analysis of use of our offer. This ensures that completely anonymous information about the use of our app is recorded and transmitted to Google and stored there. Google uses the advertising ID of the end device for this purpose. Google will use this information to evaluate the use of our app and to provide us with further services associated with the use of apps. In the machine settings, you can specify the use of the Advertising ID (iOS:Privacy/Advertising/ No Ad Tracking; Android: Account/Google/ Ads). Google Inc. is certified under the Privacy Shield Agreement and thus offers a guarantee of compliance with European data protection law (https://www.privacyshield.gov/participant?id=a2zt000000001L5AAI&status=Active). Subcontractors that Google may use can be found at the following link: https://firebase.google.com/terms/subprocessors. The legal basis for the use evaluation of data and use of Firebase is a legitimate interest (i.e. interest in the analysis, optimisation and economic operation of our apps) within the meaning of Art. 6 (1) (f) DSGVO).
A return of the collected usage information on individual users is not possible for us. Nevertheless, this analysis is also justified by a legitimate interest within the meaning of Art. 6 (1) sentence 1f DSGVO to develop our services in your interest as well. You can object to the use of Firebase at any time by adjusting the slider for anonymous statistics in the app under "Settings".
We provide assistance and support through various channels: by app, via the website, via social media channels, e-mail or by phone. We collect all personal information that you provide to our customer service team during this process. This includes the following information: Your name, your e-mail address, your telephone number and postal address. We may use and process your personal information, including location information, to process your support request and provide you with the best possible support.
2. Third Party Services
In some cases, musegear uses third-party services (including data processors and controllers) to perform services on behalf of musegear. These services include those of Google or Apple, among others. These external 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 on our blog and in our community forum are public
If you choose to submit your musegear success story or comment on our blog ("Feedback"), you should be aware that all personal information submitted may be read, collected and used by other users of these blogs. This information could also be used, to send you unwanted messages.
We are not responsible for the personal information that you knowingly provide in your feedback nor for any content or communications you may receive as a result of disclosing such information.
To request the removal of your personal information from our blog or a musegear success story, please contact us at firstname.lastname@example.org
6. We take safety seriously
Subject to the principle of minimal data collection, we use a variety of systems, applications and procedures to secure your personal information and reduce the risk of theft, damage or loss of data, unauthorised access, disclosure, modification or use of information. Please note, however, that these measures cannot provide an absolute guarantee of the security of your personal information. Therefore we can despite the great efforts we make to protect your personal information, do not guarantee - and you cannot look for reasonably expect - that our databases will be immune to misconduct, interference, unlawful interception or unauthorised access; or are other types of abuse and misuse.
7. Amendment of these provisions
8. Transfer of data also outside the EEA
The information we collect about you may be transferred to and stored at a location outside the European Economic Area ("EEA") or another country of residence. We assure you that in this case protective measures are in place and agreements have been made to ensure that your personal information is stored and processed in accordance with the legal requirements.
9. Blocking and deletion and other rights resulting from applicable data protection law
We will delete and block your personal information as soon as we no longer need it for any of the above-mentioned purposes for which we collected or received the information, unless the law provides otherwise, for example due to commercial or tax retention periods.
In addition, you have the right to obtain information from us about personal information stored by us, to correct incorrect personal information, or even to have it deleted as described above, as well as to have the processing restricted or to object to the processing. In addition, you have the right to have personal information about you transferred to you under Art. 20 DSGVO.
10. Contact us if you have any questions or concerns
MS kajak7 UG, Rückertweg 8, 74128 Obersulm, Germany.
musegear finder terms and conditions
Last Updated: 03rd October 2020
Our terms and conditions may be changed at any time at our discretion. If you continue to use the services after we have notified you of any changes, you agree to be bound by those changed terms. You must stop using the Services if you do not agree to the amended terms. As our services are constantly evolving, we may change some or all of our services at any time and without notice at our sole discretion. However, you have the right to terminate at any time. In the event of any material changes in the terms and conditions, services or pricing, or if the changes prove to be disadvantageous to you, these amended terms and conditions shall only apply after you have accepted them. You can only use the services and the musegear hardware device (the "Product") if you are 18 years or older, sign a binding contract with musegear and are not excluded from the use of the services under applicable law.
Subject to your compliance with these terms, musegear grants you a limited, non-transferable, non-exclusive license to download and install one copy of our musegear finder app (the "App") on one the only mobile device of which you are the owner or which you use, to use this copy of the App and to use the Services solely for your own personal and non-commercial purposes. We reserve all rights in the App and the services not expressly granted to you under these Terms. You are not permitted to do the following: (i.) copy (except to the extent necessary to use the App and the services for your personal use or to create a backup copy is necessary), modify or create derived works based on the App or the Services; (ii.) distribution, transfer, sublicense, lend or lease the App to third parties; (iii.) reconstructing, decompiling or disassembling the App, unless expressly permitted by applicable law; or (iv) the providing the functionality of the app or services to several users by any means.
Downloading Our App
By downloading our App from Apple's App Store, Google Play or any other app store or app distribution platform (an "App Store") you acknowledge and agree to the following
- These terms are entered into between you and us and not with the App Store, and we (and not the App Store) are solely responsible for our App.
- The App Store is not intended for the processing of claims you may have in relation to your App, including consumer protection claims, product liability claims, claims for infringement of intellectual property rights or any other claims that our App does not comply with in relation to applicable legal or regulatory requirements.
- The App Store is not obliged to provide you with maintenance and support in relation to your App or to process warranty claims.
- The App Store is a third party beneficiary of these terms and has the right to enforce these terms against you (insofar as this relates to your license of the musegear-finder App downloaded through its App Store). Furthermore, when using our App, you must comply with the terms and conditions of the App Store.
Consent to Processing of Your Location Data
We have the right (but are not obliged) to check content published by you in part or in full and to delete (or modify) services for any reason, even if it is not necessary, if we believe, in our sole discretion, that your content violates conditions or endangers the safety of another person, or causes damage to another person or leads to liability for us or other people. We reserve the right (but are not obliged) to carry out investigations and take appropriate measures, the removal (or modification) of your content from our services as well as the blocking or cancellation of your account and/or the suspension or termination of the provision of our services to you to and/or reporting to executive bodies, should you include provisions of these conditions. For the purpose of cooperation with government outgoing requests, subpoenas or court orders, to protection of our systems, service providers, partners and other users or for maintaining the integrity and operation of our business and systems we may have access to information you have provided to us under certain circumstances.
You agree not to do any of the following:
- Use of the Services or Content for commercial purposes or for the benefit of a third party or in any other manner not permitted by these Terms;
- using the Services to track the location or collect personally identifiable information about another person without their express permission;
- Intercepting or "spying" on communication packets between the musegear hardware and mobile devices, or attempting to intercept the data sent by the app to reverse engineer the protocol used ("reengineering");
- the access to, manipulation of or use of non-public areas of the services, musegear computer systems or technical delivery systems of the suppliers of musegear;
- interfering with or attempting to interfere with a user, host or network, or accessing a user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming or email bombing the Services;
- attempting to access or browse the Services or the Content or to download Content from the Services using tools, devices or mechanisms (including robots, spiders, crawlers, data mining tools or similar) other than musegear are provided software and/or search agents or are not generally available third party browsers;
- the sending or transmission of content that: (i.) Third party patents, trademarks, copyrights, trade secrets, moral rights or other industrial property rights and infringes, embezzled or misappropriates copyrights or publicity or data protection rights (ii.) violates any applicable law or regulation; or incites such violations or gives rise to civil liability; (iii.) is fraudulent, false, improper or misleading; (iv.) is defamatory, obscene, pornographic, vulgar or offensive; (v.) the discrimination, bigotry, racism and hatred towards and harassment or harm to individuals or groups; (vi.) is violent or threatening to use violence or measures that will harm or injure persons or groups; (vi) organisations; or (vii.) for illegal or harmful acts or substances; - violation of applicable law or the law of the country in question regulations, including stalking, harassment or prosecution other for unlawful or criminal purposes; or
- Encourage or enable any other individual to do any of the foregoing.
Intellectual Property Rights
We generally remove or disable access to material that infringes the copyrights of third parties after being notified by the copyright owner or its legal representative. If you believe that your work has been copied and posted on the Internet by 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 authorised person acting on behalf of the holder of the copyright;
- a notice identifying the copyrighted work that you claim has been infringed;
- a description of the location within our services where the material that you claim is infringing is located; - your address, telephone number and email 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 the law; and
- a statement by you, made under penalty of perjury, 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.
Notification of claims of copyright infringement should be sent to us either by e-mail to email@example.com or by post, addressed to MS kajak7 UG, Rückertweg 8, 74182 Obersulm.
Content You Provide
You acknowledge that we and our suppliers (including other users) own all intellectual property rights in our products, app and services, including the underlying software and technology and the information and content available in our services. If you send us any suggestions, ideas, feedback or recommendations regarding our products, apps or services ("Feedback"), we may use such Feedback for any purpose without any obligation to you. By providing feedback, you grant us a worldwide, irrevocable, royalty-free license to use and exploit any feedback for the full term of its legal protection under all applicable intellectual property rights recognized in any jurisdiction worldwide.
You acknowledge that we and our suppliers (including other users) the owners of all intellectual property rights in our products, our app and services, including the underlying software and technology and the information and content available in our services are. If you have any suggestions, ideas, feedback or recommendations provide feedback regarding our products, apps or services we can use this feedback for all purposes without obligation. to you. By providing feedback, you clear us a worldwide, irrevocable, royalty-free licence, with which we all feedback for the entire duration of the legal protection of the same at all applicable intellectual property rights, which may be enforced in any jurisdiction be recognised worldwide, can be used and exploited at will.
Termination and Cancellation
We reserve the right to terminate your access to the Services in whole or in part at any time for any reason, including breach or violation by you of the provisions of these Terms, or suspend it (subject to a reasonable period of notice if required by applicable law). Upon termination, all rights and licenses granted to you under these Terms will terminate immediately. If your access to our services is terminated or suspended due to a breach of the terms and conditions by you, you will not be entitled to a refund of any fees or payments and you will have no further right to access the above. For more information regarding your right to return the product and cancel services, please refer to our warranty and refund policy at musegear-finder.net.
musegear finder: Limited warranty
musegear's limited warranty can be found on the Warranty and Refund Policy page at musegear-finder.net, which is incorporated into these terms by reference.
THE APP AND THE SERVICES ARE EXCLUSIVELY USED TO FIND YOUR PERSONAL ITEMS (SUCH AS KEYS, WALLET, REMOTE CONTROLS ETC) IN THE NEAR SURROUNDINGS. THEY DO NOT SERVE OR DELIVER REAL TIME TRACKING. WE EXCLUDE ANY LIABILITY ARISING FROM THE USE OF THE APP AND/OR THE SERVICES IF THEY ARE USED FOR ANY PURPOSE OTHER THAN THE INTENDED PURPOSE. OTHERWISE WE ARE LIABLE ACCORDING TO THE LEGAL PROVISIONS.
These Terms shall be governed by and construed in accordance with the laws of the Federal Republic of Germany, without regard to or application of any conflict of laws rules or principles. However, these terms and conditions shall be governed by the laws of the country in which you are resident if your country is in the European Economic Area and the courts of that country shall have exclusive jurisdiction with respect to this agreement.
Settlement of Disputes
If you are a resident of the European Union and we are unable to resolve disputes, you could submit certain rights to refer the dispute to the EU Online Dispute Resolution Platform at: https://ec.europa.eu/consumers/odr/main/index.cfm. If any provision of these terms and conditions shall be determined to be partially invalid or unenforceable by a court of competent jurisdiction, that provision shall be enforced to the maximum extent permissible and the remaining provisions of these terms and conditions shall survive.
MS kajak7 UG is neither obliged nor in principle willing to participate in dispute resolution proceedings under the Consumer Dispute Resolution Act before a consumer arbitration board (§ 36 Consumer Dispute Settlement Act, VSBG).
Alerts and Notifications
As part of the services provided by us, you may receive push notifications, notices, short messages, e-mails or other types of notification (if enabled) sent to you directly outside or inside the App ("Push Notifications"). You have control over the settings of the push notifications and can turn them on or off through the Services (except for any important Service announcements and administrative messages that are not frequently used). By default, such push notifications are disabled. Please note that third-party notifications may incur charges for certain push notifications depending on the tariff you have contracted with your mobile operator.
If you have any questions about these terms and conditions, please contact us: firstname.lastname@example.org