Typotastic APP by cyoub UG

Privacy Policy and Terms of Use

1. Privacy Policy
2. Terms of Use

 

 

 

 

Privacy Policy of Typotastic

The following information applies to all our mobile applications (apps) for smartphones and tablet PCs. The use of these apps may involve the processing of personal information. Our intention is for the following information to provide you with an overview of these processes so that you can understand them. In order to ensure fair processing, we would also like to inform you about your rights under the European General Data Protection Regulation (GDPR) and the German Federal Data Protection Act (Bundesdatenschutzgesetz – BDSG).

cyoub UG
Waldweg 5
40668 Meerbusch
Germany (hereinafter referred to as “we” or “us”) is responsible for the data processing.

1.      CONTACT US

If you have any questions or suggestions about this information or would like to contact us to exercise your rights, please contact us via: info@cyoub.org

2.      GENERAL INFORMATION ON THE PROCESSING OF PERSONAL DATA

The use of the products and services we offer may result in the processing of personal data. The term “personal data” under data protection law refers to all information relating to a specific or identifiable person. An IP address can also be considered personal data. An IP address is assigned to each device connected to the internet by the internet service provider, so that it can send and receive data. When you use the apps, we collect data that you provide yourself. In addition, when you use the app, we automatically collect certain information about your use of it.

We process personal data in compliance with the relevant data protection regulations of the GDPR and the German BDSG. We will only process data where we are legally permitted to do so. When you use these apps, we will process personal data only with your consent (Art. 6 paragraph 1 sentence 1 letter a GDPR), for the performance of a contract to which you are a party, or in order to take steps at your request prior to entering into a contract (Art. 6 paragraph 1 sentence 1 letter b GDPR), for compliance with a legal obligation (Art. 6 paragraph 1 sentence 1 letter a GDPR) or if the processing is necessary for the purposes of our legitimate interests or the legitimate interests of a third party, except where such interests are overridden by your interests or fundamental rights and freedoms which require the protection of personal data (Art. 6 paragraph 1 sentence 1 letter f GDPR).

3.      DURATION OF STORAGE

Unless otherwise stated in the following sections, we will store the data only as long as necessary to achieve the purpose of processing or to fulfill our contractual or statutory obligations.

4.      TRANSMISSION OF DATA

Unless otherwise stated in the following sections, data will be processed on the servers of technical service providers commissioned by us for this purpose. These service providers will only process the data after having received express instructions and they are contractually obliged to guarantee adequate technical and organizational measures for data protection.

Insofar as we refer to integrated services of other providers in this Data Protection Declaration, it can be assumed that personal data will be transmitted to the specified headquarters of these providers. These providers may be based in a so-called third country outside the European Union or the European Economic Area. Further information can be found in the sections describing each service.

5.      DATA COLLECTION DURING DOWNLOADING

When downloading the app, no information is actively transferred by us to the app store involved (Apple App Store, Google Play, Amazon App Store, Samsung App Store, etc.). If you want to know what data is collected and processed by a given app store during the downloading process, please consult their privacy policy. We have no control over any data collection by app stores. They are solely responsible for the processing of any of your personal data within the meaning of Article 7(4) GDPR.

6.      ACCESS RIGHTS OF THIS APP

This app requires various access permissions from your device. These are required to maintain certain functionality of our apps. For example, if you only want to download updates using a wireless connection, the app needs access to your wireless connection. If you would like to purchase additional content via the app, we may need access to the interface required for your app store. The access permissions on your mobile device are dependent on the operating system (e.g. Android, iOS, etc.) and the store where the app was purchased (e.g. Google Play Store, Apple App Store, Amazon, etc.). As a rule, you will receive information prior to the installation as to which access permissions are required by our app.

The legal basis for the processing of technically necessary access permissions is Art. 6 paragraph 1 sentence 1 letter b GDPR. All further access permissions are based on Art. 6 paragraph 1 sentence 1 letter f GDPR.

Under “Settings” in Apple iOS, you can get an overview at any time of the content that our apps can access. You can restrict these access permissions at a later point in time.

In Android, various access permissions are also needed on your mobile device. Under “Settings/Apps” you can subsequently check the access rights of our apps.

7. DATA PROCESSING

In our APPs we are able to track and evaluate various actions during your APP usage. For this purpose, we collect your connection data, such as your IP address. We need to be able to process this information to execute APP operations. It is, therefore, processed on the basis of Art. 6 paragraph 1 sentence 1 letter b GDPR.

8. PAYMENTS MADE THROUGH OUR APP

In principle, you can enjoy our APPs without having to provide personal contact data. If you pay for chargeable activities in our APPs, your personal data will be collected by the corresponding payment service providers listed.

All payment-relevant data, such as your contact and payment data, are initially collected and processed by the corresponding payment provider. The legal basis for this data processing is Article 6(1)(b) GDPR.

For payments, we collect the geolocation of your IP address, which allows us to determine in which country you are located. The legal basis for this data collection is Art. 6 paragraph 1 sentence 1 letter c GDPR, as the processing is necessary for compliance with a legal obligation. The legal obligation arises from Directive 2006/112/EC (MOSS Directive).

We also receive information from payment providers related to payment fraud prevention. The legal basis for this data collection is Art. 6 paragraph 1 sentence 1 letter c GDPR, as the processing is necessary for compliance with a legal obligation.

9. PROCESSING APP LOG FILES

If you use our services, general information (that is not used on a individual basis) is initially stored automatically, i.e. not through registration. For example, our web servers normally store the following information: IP, Device ID, Device Type, OS, time of the server request.

The processing is carried out for the purposes of our legitimate interests, the legal basis of which is Art. 6 paragraph 1 sentence 1 letter f GDPR. This processing is used for technical administration and the security within the app.

 

10. GOOGLE Analytics

This app uses Google Analytics, a web analytics service provided by Google Inc. (‘Google’). Google Analytics uses ‘cookies’, which are text files saved on your smartphone that make it possible to analyse how you use the app.

The information generated by the cookie about your use of the app will generally be sent to a Google server in the United States, where it will be saved. On behalf of the app provider, Google will use this information to evaluate your use of the app and compile activity reports.

 

The data transferred from your smartphone as part of the Google Analytics service will not be combined with other data held by Google. You may refuse the use of cookies by selecting the appropriate settings on your browser. However, please note that if you do so, you may not be able to make full use of all the functions of this app. Furthermore, you can prevent Google from acquiring and processing the information generated by the cookie concerning your use of this app by downloading and installing the browser plug-in available at: https://tools.google.com/dlpage/gaoptout?hl=en.

 

11. GOOGLE SDK (FIREBASE ANALYTICS)

We use the developer platform called “Google Firebase” as well as the associated functions and services of Google Inc, 1600 Amphitheatre Parkway, Mountain View, CA 94043, USA, (“Google”). Google Firebase is a platform for developing apps for mobile devices and websites. Google Firebase offers a variety of features, which are can be found on the following summary page: https://firebase.google.com/products/

The functions include the storage of apps, including users’ personal data, such as content they have created or information regarding their interaction with the apps. Google Firebase also offers interfaces that allow interaction between the users of the app and other services.

The analysis of user interactions is carried out using the analysis service of Firebase Analytics. This service helps us to record our users’ interactions. Events such as the first time an app is opened, the uninstalling of an app, updates, crashes or the frequency of use of the app are recorded. Certain user interests are also recorded and evaluated.

The information processed by Google Firebase may be used with other Google services, such as Google Analytics and Google marketing services. In this case, only pseudonymous information, such as the Android Advertising ID or the Advertising Identifier for iOS, will be processed to identify users’ mobile devices. Additional information on the use of data for marketing purposes by Google can be found on the summary page:  https://www.google.com/policies/technologies/ads, Google’s privacy policy is available at  https://www.google.com/policies/privacy.

The legal basis for use is Art. 6 paragraph 1 sentence 1 letter f GDPR. If users wish to object to interest-based advertising through Google marketing services, they can use the settings and opt-out options provided by Google:  http://www.google.com/ads/preferences

Google is certified under the Privacy Shield Agreement and thus guarantees compliance with European data protection legislation

(https://www.privacyshield.gov/participant?id=a2zt000000001L5AAI&status=Active).

12. APPSFLYER SDK

Our app is analyzed with technologies from AppsFlyer Inc. (111 New Montgomery Street, San Francisco, California 94105). Various session and interaction data are collected from you and stored for this purpose. We need this information to improve the content and usability of our APPs and to optimize the user experience for you. The session and interaction data are at no time processed in personalized form, but under a pseudonym. For more information on data processing by AppsFlyer, please refer to the privacy policy of the provider: https://www.appsflyer.com/privacy-policy/.

The legal basis for use is Art. 6 paragraph 1 sentence 1 letter f GDPR. If you do not wish to be tracked by AppsFlyer in the future, you can opt out at any time here: https://www.appsflyer.com/optout

AppsFlyer is certified under the Privacy Shield Agreement and thus guarantees compliance with European data protection legislation

https://www.privacyshield.gov/participant?id=a2zt0000000GnUZAA0&status=Active

13. THE RIGHT TO OBJECT

In accordance with Art. 21 GDPR, you have the right to object to any processing operations executed that use Art. 6 paragraph 1 sentence 1 letter e or letter f of GDPR as their legal basis.

14. YOUR ADDITIONAL RIGHTS

As the person concerned, you are entitled to exercise your rights against us. In particular, you have the following rights:

 

  • In accordance with Article 15 GDPR and Section 34 BDSG, you have the right to request information as to whether or not, and to what extent, we process personal data about you.

  • You have the right to have us correct your data in accordance with Article 16 GDPR.

  • You have the right to have us delete your personal data in accordance with Article 17 GDPR and Section 35 BDSG.

  • You have the right to have the processing of your personal data restricted in accordance with Article 18 GDPR.

  • You have the right, in accordance with Article 20 GDPR, to receive the personal data concerning you that you have provided to us, in a structured, commonly used and machine-readable format and to transmit this data to another controller.

 

15. COMPLAINTS TO GOVERNMENT AUTHORITIES

If you believe that the processing of your personal data constitutes an infringement of the provisions of the GDPR, you have the right to lodge a complaint with a supervisory authority in accordance with Article 77 GDPR.

Version: 05/2018

 

 

Terms and Conditions of Typotastic

Last Update 7.9.2017

Please read these Terms and Conditions ("Terms", "Terms and Conditions") carefully before using the Typotastic APP (the "Service") operated by the company cyoub UG ("us").

Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who access or use the Service.

 

By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the terms then you may not access the Service.

 

Acceptance The Use Of cyoub UG Terms and Conditions

 

Your access to and use of Typotastic is subject exclusively to these Terms and Conditions. You will not use the APP for any purpose that is unlawful or prohibited by these Terms and Conditions. By using the APP you are fully accepting the terms, conditions and disclaimers contained in this notice. If you do not accept these Terms and Conditions you must immediately stop using the APP.

 

LEGAL ADVICE

The contents of the Typotastic APP do not constitute advice and should not be relied upon in making or refraining from making, any decision.

All material contained on typotastic is provided without any or warranty of any kind. You use the material on typotastic at your own discretion.

 

Termination

We may terminate or suspend access to our Service immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms.

 

All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

 

Links To Other Web Sites

Our Service may contain links to third­party web sites or services that are not owned or controlled by cyoub UG .

cyoub UG has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that cyoub UG shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such web sites or services.

We strongly advise you to read the terms and conditions and privacy policies of any third­party web sites or services that you visit.

 

Governing Law

These Terms shall be governed and construed in accordance with the laws of germany ,ithout regard to its conflict of law provisions.

 

Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have between us regarding the Service.

 

INDEMNITY

You agree to indemnify and hold cyoub UG and its employees and agents harmless from and against all liabilities, legal fees, damages, losses, costs and other expenses in relation to any claims or actions brought against cyoub UG arising out of any breach by you of these Terms and Conditions or other liabilities arising out of your use of this APP.

 

SEVERANCE

If any of these Terms and Conditions should be determined to be invalid, illegal or unenforceable for any reason by any court of competent jurisdiction then such Term or Condition shall be severed and the remaining Terms and Conditions shall survive and remain in full force and effect and continue to be binding and enforceable.

 

WAIVER

If you breach these Conditions of Use and we take no action, we will still be entitled to use our rights and remedies in any other situation where you breach these Conditions of Use.

 

 

COPYRIGHT

All copyright, trade marks and all other intellectual property rights in the APP and its content (including without limitation the APP design, text, graphics and all software and source codes connected with the APP) are owned by or licensed to cyoub UG or otherwise used by cyoub UG as permitted by law.

In accessing the APP you agree that you will access the content solely for your personal, non-commercial use. None of the content may be downloaded, copied, reproduced, transmitted, stored, sold or distributed without the prior written consent of the copyright holder. This excludes the downloading, copying and/or printing of pages of the APP for personal, non-commercial home use only.

 

Use and Conduct

You acknowledge that creating, submitting or sharing your User Content may give rise to various types of legal liabilities and you represent that your User Content (whether or nor you are the author of such content) complies at all times (both when first submitted and throughout its accessibility on the Service) with the TOS and all applicable laws. You understand that cyoub UG does not pre-screen User Content and is not liable for the content (including User Content) transmitted by users. You agree that you may not download, reproduce, modify, display, perform, transfer, distribute or otherwise use the Service, except as provided under these TOS, and you agree to take all reasonable steps to prevent the unauthorized use of the Service.

 

Third Party Sites and Interactions with Third PartiesThe Service may provide, or third parties may provide, links or other access to other sites and resources on the Internet (“Third-Party Sites”). cyoub UG has no control over Third-Party Sites or other Internet resources. These resources, content and services are provided to you “as is” to facilitate your web browsing. cyoub UG does not endorse any Third-Party Sites. cyoub UG is providing these links to you only as a matter of convenience, and in no event will cyoub UG be responsible for any content, products, or other materials on or available from such Third-Party Sites. In your use of the Service, you may enter into correspondence with, purchase goods and/or services, or participate in promotions of advertisers or sponsors showing their goods and/or services through the Service. Any such activity, and any terms, conditions, warranties or representations associated with such activity, is solely between you and the applicable third party. cyoub UG will have no liability, obligation or responsibility for any such correspondence, purchase or promotion between you and any such third party. cyoub UG reserves the right, but has no obligation, to become involved in any way with disputes between you and any other user of the Service. Third Party ServicesYou may enable various online services, such as social networking sites, to be directly integrated into your Typotastic experience.

 

By directly integrating these services into the Service, we make your online experiences richer, and more personalized. To take advantage of these features, we may ask you to register for or log into the services on the websites of their respective providers. By enabling third party services within the Service, you are allowing us to pass your log-in information to these service providers for this purpose. For more information about the implications of activating these third party services and Typotastic's use, storage and disclosure of information related to you and your use of such services within Typotastic (including your friend lists and the like), please see our Privacy Policy in this app (settings/privacy).

 

However, please remember that the manner in which third party services use, store and disclose your information is governed solely by the policies of such third parties, and cyoub UG will have no liability or responsibility for the privacy practices or other actions of any third party site or service that may be enabled within the Service. In addition, cyoub UG is not responsible for the accuracy, availability or reliability of any information, content, goods, data, opinions, advice or statements made available in connection with third party services.

As such, cyoub UG is not liable for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such third party service. cyoub UG enables these features in the Typotastic APP merely as a convenience and the inclusion of such features does not imply an endorsement or recommendation.

You may post and share User Content through the Service. When posting User Content it is your responsibility to clearly and truly identify its nature to ensure its classification in the proper category. This is necessary for the respectful operation of the Service and in order to protect other users by identifying content that may be inappropriate. You acknowledge that you may be exposed to content that is inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against cyoub UG relating thereto. Commercial Use Unless otherwise expressly authorized herein or in the Service, you agree not to display, distribute, license, perform, publish, reproduce, duplicate, copy, create derivative works from, modify, sell, resell, exploit, transfer or transmit for any commercial purposes, any portion of the Service, use of the Service, or access to the Service. The Service is for your personal use and may not be used by you for direct commercial endeavors.

Intellectual Property of Others 

Under no circumstances will cyoub UG be liable in any way for any content posted by third parties or at the direction of users, including, but not limited to, for any errors or omissions in any content, or for any loss or damage of any kind incurred as a result of the use of any content posted, emailed or otherwise transmitted via the Service. You acknowledge that cyoub UG does not pre-screen content, but that cyoub UG and its designees will have the right (but not the obligation) in their sole discretion to refuse or remove any content that is available via the Service. Without limiting the foregoing, cyoub UG and its designees will have the right to remove any content that violates these TOS or is deemed by cyoub UG, in its sole discretion, to be otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any content, including any reliance on the accuracy, completeness, or usefulness of such content.

 

User Content Transmitted Through the Service

You are solely responsible for the content and other materials you post on or through the Service or transmit to or share with other users or recipients, including User Content. You will not transmit any content that you did not create or that you do not own all right, title and interest in and to, including, without limitation, all copyright and rights of publicity contained therein. By transmitting any User Content you hereby grant and will grant cyoub UG and its affiliated companies a nonexclusive, worldwide, royalty free, fully paid up, transferable, sublicenseable (through multiple tiers), perpetual, irrevocable license to reproduce, copy, create derivative works of, display, transmit, perform, distribute, cache, store, resell, market, promote, modify and otherwise fully use and exploit your User Content in any way (including but not limited to for redistributing part or all of the Service and or derivative works thereof in any format or channel, for commercial purposes or otherwise), in any form, medium or technology now known or later developed, without compensation or acknowledgement to you. You hereby waive any claims you may have based on any usage of User Content or the works derived therefrom including but not limited to claims for invasion of privacy, publicity or libel. To the extent allowed by law, any license you grant cyoub UG hereunder includes all rights of paternity, integrity, disclosure and withdrawal and any other rights that may be referred to as “moral rights,” “artist’s rights,” “droit moral,” or the like.

 

Furthermore, you agree that notwithstanding any rights of publicity, privacy or otherwise (whether or not statutory) anywhere in the world, and without any further compensation, cyoub UG may and is hereby authorized to (and to allow others to) use your image in connection with your User Content. To the extent any of the foregoing is ineffective under applicable law, you hereby provide all ratifications and consents necessary to accomplish the purposes of the foregoing to the extent possible. If any other person appears in your User Content, you represent and warrant that you have obtained the foregoing ratifications, consents and authorizations from such person for cyoub UG's benefit. You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information about the Service (“Submissions”), provided by you to cyoub UG are non-confidential and cyoub UG will be entitled to the unrestricted use and dissemination of these Submissions for any purpose, commercial or otherwise, without acknowledgment or compensation to you. You acknowledge and agree that cyoub UG may preserve content and may also disclose content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process, applicable laws or government requests; (b) enforce these TOS; (c) respond to claims that any content violates the rights of third parties; or (d) protect the rights, property, or personal safety of cyoub UG, the APP typotastic, its users and the public. You understand that the technical processing and transmission of the Service, including your content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.

 

DISCLAIMERS AND LIMITATION OF LIABILITY

 

The APP is provided on an AS IS and AS AVAILABLE basis without any representation or endorsement made and without warranty of any kind whether express or implied, including but not limited to the implied warranties of satisfactory quality, fitness for a particular purpose, non-infringement, compatibility, security and accuracy.

 

To the extent permitted by law, cyoub UG will not be liable for any indirect or consequential loss or damage whatever (including without limitation loss of business, opportunity, data, profits) arising out of or in connection with the use of the APP.

 

cyoub UG makes no warranty that the functionality of the APP will be uninterrupted or error free, that defects will be corrected or that the APP or the server that makes it available are free of viruses or anything else which may be harmful or destructive.

 

Nothing in these Terms and Conditions shall be construed so as to exclude or limit the liability of the typotastic APP for death or personal injury as a result of the negligence of the typotastic APP, cyoub UG or that of its employees or agents.

 

Changes

 

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will try to provide at least days notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.

By continuing to access or use our Service after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, please stop using the Service.

Contact Us

If you have any questions about these Terms, please contact us

cyoub UG
Waldweg 5
40668 Meerbusch
info@cyoub.org