Last modified: May 25th, 2018
When we refer to personal data (or personal information) we mean any information of any kind relating to you as an identified or identifiable natural person.
It is you who can be identified directly or indirectly, in particular by reference to an identification number or to one or more factors specific to your physical, physiological, mental, economic, cultural or social status.
II. WHO WE ARE
EXOSMART LTD, as a Data Controller according to the EU General Data Protection Policy (GDPR), is committed to protecting the privacy for the App users. So when we decide for what purposes do we need your personal information and what lawful means can we employ for having and using your personal information in order to provide you with the App we are guided by the principles of lawfulness, fairness and transparency, purpose limitations, data minimization, accuracy, storage limitations, integrity and confidentiality.
What it means is that we are endeavor to comply with GDPR and other relevant legislation.
III. WHAT PERSONAL INFORMATION WE PROCESS, HOW WE DO THIS AND WHY
When you use the App, some information about you, your device and your user behavior may be processed automatically. This information is generally non-personal, and we may access it only in aggregated form. We process this information on the ground of our legitimate interest in improving our App and giving our users the best experience. Otherwise we may not be able to provide you with all the requested services and features of the App. Our legitimate interest does not automatically override your interests – we will not use your personal information for activities where our interests are overridden by the impact on you (unless otherwise permitted by law).
We use third-party automatic data processing technologies (such as Facebook) to analyze certain information sent by your device or our App. Automatic data processing technologies (advertising or analytics tools) provide us with the data described below. We do not control, supervise or respond for how the third parties providing your information process your personal data, and any information request regarding the disclosure of your personal information to us should be directed to such third parties.
- Device Identifiers. When you use a mobile device (a tablet or a phone) to access our App, we may access, collect or monitor one or more “device identifiers”. Device identifiers are small data files or similar data structures stored on or associated with your mobile device, which uniquely identify your mobile device. Device identifier provides reports or personalized content and ads.
The following Device Identifiers can be processed:
- type of your mobile device and operational system version which is installed on your mobile device, language your system uses;
- region information of your mobile device, time zone of your device;
- region associated with your SIM card;
- Internet Protocol (“IP”) address;
- Identity for Advertisers (IDFA) / Advertising ID which is a string of numbers and letters that identifies your individual smartphone or tablet;
Processing information through automatic data collection technologies starts automatically when you start using the App.
The App may use automated processing of your personal data, including profiling which means any form of automated processing of personal data consisting of the use of personal data to evaluate certain personal aspects relating to you, in particular to analyze or predict aspects concerning your personal preferences, interests, behavior, location or movements.
IV. THE PURPOSES OF PROCESSING YOUR PERSONAL INFORMATION
Our mission is to constantly improve our App and provide you with new experiences. As part of this mission, we use your personal information for the following purposes:
(a) To make our service available. We use information that you submit and information that is processed automatically to provide you with all requested services.
(b) To improve, test and monitor the effectiveness of our App. We use information that is processed automatically to better understand user behavior and trends, detect potential outages and technical issues, to operate, protect, improve, and optimize our App.
(c) To provide you with interest-based (behavioral) advertising or other targeted content. We may use information that is processed automatically for marketing purposes (to show ads that may be of interest to you based on your preferences). We provide personalized content and information to you, which can include online ads or other forms of marketing.
(d) To communicate with you. We use the information we have to communicate with you through newsletters, i.e. to send you marketing notifications, receive your feedback about our App experience, and let you know about our policies and terms. We also use your information to respond to you when you contact us.
V. SHARING OF YOUR PERSONAL INFORMATION
We will not rent or sell your personal data to third parties, but we may share your information from tools like device identifiers and location data, with third-party organizations that provide automatic data processing technologies for the App. We do not control or influence these third parties’ tracking technologies or how they may be used.
We may also share certain information that can be used to personally identify your device (e.g. persistent identifiers such as IDFA, advertising ID and IP address) with third-party advertising partners. This information allows third-party ad networks, inter alia, to deliver targeted advertisements that they believe will be of most interest to you.
We may use one or more of the following third-party advertising services and analytics tools: Google AdWords; AppsFlyer; Firebase; Appodeal; HockeySD, OneSignal, FBSDKCoreKit.
To get more information about how your data is being collected and processed you can visit the sites at:
We are not responsible for the privacy practices of third parties.
Our App may contain links to third-party websites/services or you may access the App from a third-party site. We are not responsible for the privacy practices or the content of these third-party sites or services linked to or from our App, including the information or content contained within them.
We may disclose your personal information if it needed for objective reasons, due to public interest or in other unforeseen circumstances:
– as required by law;
– when we believe in good faith that disclosure is necessary to protect our rights, protect your safety or the safety of others, investigate fraud, or respond to a government request;
– if we are involved in a merger, acquisition, or sale of all or a portion of its assets, you will be notified via email and/or a prominent notice in our App of any change in ownership or uses of your personal information, as well as any choices you may have regarding your personal information.
VI. INTERNATIONAL DATA TRANSFERS
We work in the international space and provide our App to our Users around the world.
We and third-party organizations that provide automatic data processing technologies for the App or our third-party advertising partners may transfer the automatically processed information across borders and from your country or jurisdiction to other countries or jurisdictions around the world.
If you are located in the European Union or other regions with laws governing data processing that may differ from U.S. law, please note that we may transfer information, including personal information, to a country and jurisdiction that does not have the same data protection laws as in your jurisdiction.
This means that your personal information can be transferred to a third country, a territory or one or more specified sectors within that third country, or to the international organization where data protection and confidentiality regulations may not provide the same level of protection of a personal data as your country does.
We try to make sure that the recipient of any personal data provides a proper protection of the personal data received, in accordance with the current legislation on the protection of such information. By using the App, you agree that we may transfer your personal data to any third country, a territory or one or more specified sectors within that third country, or to the international organization.
For the purposes of data storage, we recourse to the services of the hosting organizations. We take your privacy seriously and, therefore, encrypt your personal data before sending it to the hosting organizations for the purposes of its storage. Please note that we cooperate only with those hosting organizations that have passed our security and reliability check.
VII. HOW LONG WE USE YOUR PERSONAL DATA
We generally retain your personal information for as long as it is necessary for the performance of the contract between you and us and to comply with our legal obligations.
Some data may still be stored for a certain time period if information is necessary to comply with legal obligation (taxation, accounting, audit) or in order to maintain safety and data backup settings, prevent fraud or other malicious acts.
VIII. EXERCISING YOUR RIGHTS
For the data we store and access you are entitled to address us regarding the following issues:
- Data Access and Portability. You can request copies of your personal information held by us
- Data Retention and Deletion. We generally retain data for as long or as needed to provide the App. However, specific retention times can vary based on context of the processing we perform and on our legal obligations. You have the right to ask us to delete all or some of the personal data we hold about you. We may need to retain some of your personal data if reasonably necessary to comply with our legal obligations, or where we have a legitimate interest in doing so (e.g. to prevent fraud and abuse and maintain and enhance security).
- Restriction of Processing. Under certain circumstances, you may have the right to limit the ways in which we use your personal information.
Please bear in mind that we ensure the above mentioned rights only with respect to the information that you submit.
Please note that you can opt-out of marketing tracking by moving the “Limit Ad Tracking” in the settings on your mobile phone to “off”.
Also we may occasionally send you push notifications or alerts to inform you about certain offers, news and tips concerning the App even if our App is not currently open or in use. If you want to opt-out from receiving these types of communications, you can manage your push notification preferences or disable these notifications by turning off the notification settings in the settings of your mobile device any time.
US regional patterns:
Residents of the State of California (USA) have the right to request a list of all third parties to whom our App disclosed certain personal information (in accordance with the laws of the State of California) in the previous year for the purposes of direct marketing of such third parties. If you are a resident of the State of California and want to receive such a list, please contact us through the email displayed below. When submitting such a request, please include in the text of your appeal the wording “Your rights to maintain confidentiality in the state of California”, as well as your name, address, city, state, and zip code. In the text of your request, please provide us with sufficient information so that we can determine if the above requirements of the law apply to your situation. You must confirm that you are a resident of the State of California (USA) and provide the current address in the state of California for our response. Please note that we do not accept calls by phone, mail or facsimile, nor are we responsible for calls that are flagged or misdelivered or that do not contain exhaustive information.
The security of your personal information is important to us. We follow generally accepted industry standards to protect the personal information submitted to us, both during transmission and once we receive it.
We take reasonable and appropriate measures to protect personal information from loss, misuse and unauthorized access, disclosure, alteration and destruction, taking into account the risks involved in the processing and the nature of the personal information.
We implement appropriate technical and organizational measures, which are designed to implement data-protection principles, such as data minimization, in an effective manner and to integrate the necessary safeguards into the processing. We seek your personal data to be encrypted with proper and strong encryption algorithms, including hashing where possible.
Unfortunately, no method of transmission over the Internet, or method of electronic storage, is 100% secure. We do our best to protect your personal data, nevertheless, we cannot guarantee its absolute security. In the event that your personal information is compromised as a breach of security, we will promptly notify you in compliance with applicable law.
If you have any questions about security of our App, you can contact us at through the email displayed below.
X. CHILDREN’S PRIVACY
Our App and the services our App provides are not directed to children under the age of 18. Therefore, we do not knowingly collect or solicit any personal information from children under 18. No one under age 18 may provide any personal information to the App. If you are under 18, do not use or provide any information on this App or through any of its features. Do not provide any information about yourself, including your email address. If we learn that we have collected personal information from a child under age 18, we will erase that information as quickly as possible. If you believe that we might have any information from or about a child under 18, please contact us.
XII. HOW TO CONTACT US
The following key points of the Terms are highlighted here for your convenience only.
- The App is made available for your own, personal use. The App must not be used for any commercial purpose whatsoever or for any illegal or unauthorised purpose. When you use the App you must comply with all applicable US laws and with any applicable international laws, including the local laws in your country of residence.
- You agree not to use the App in any unlawful manner or in a manner which promotes or encourages illegal activity including (without limitation) copyright infringement;
- You agree not to attempt to gain unauthorised access to the App or any networks, servers or computer systems connected to the App;
- You agree not to modify, make derivative works of, adapt, translate or reverse engineer any part of the App or re-format or frame any portion of the pages comprising the App;
- All copyright and other intellectual property rights to materials, content, information, audio files, artwork and other graphic materials, logos and trademarks incorporated into the App are either owned by EXO SMART LP or have been licensed to EXO SMART LP by the rights owners. These materials, content, information, audio files, artwork and other graphic materials, logos and trademarks may not be copied, reproduced, retransmitted, distributed, disseminated, sold, published, broadcasted or circulated whether in whole or in part, unless expressly permitted by EXO SMART LP and/or its licensors.
- We make no warranty that your access to the App will be uninterrupted, timely or error-free. Due to the nature of the Internet, this cannot be guaranteed. In addition, we may occasionally need to carry out maintenance or introduce new functions.
- We shall not be liable for damage to, or viruses or other code that may affect, any equipment (including but not limited to your mobile device), software, data or other property as a result of your download, installation, access to or use of the App or your obtaining any material from, or as a result of using, the App. We shall also not be liable for the actions of third parties.
- We are solely responsible for providing any maintenance and support services with respect to the App as required under applicable law.
- The rights granted to you in this Agreement are subject to the following restrictions: (a) you shall not license, sell, rent, lease, transfer, assign, distribute, display, host, outsource, disclose or otherwise commercially exploit or make the App available to any third party; (b) you shall not access the App to build a similar or competitive product or service; (c) except as expressly stated herein, no part of the App may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means; and (e) any future release, update, or other addition to functionality of the App shall be subject to the terms of this Agreement.
The Application allows you to get certain features and functionality by the means of subscription model. Please, see About Subscription page for further detailed information on the terms of subscription services.
YOU ASSUME ALL RESPONSIBILITY AND RISK WITH RESPECT TO YOUR USE OF THE APP. THE APP IS PROVIDED ON AN “AS IS” BASIS. TO THE MAXIMUM EXTENT PERMITTED BY LAW: (A) FUTURE DISCLAIMS ALL LIABILITY WHATSOEVER, WHETHER ARISING IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE IN RELATION TO THE APP; AND (B) ALL IMPLIED WARRANTIES, TERMS AND CONDITIONS RELATING TO THE APP (WHETHER IMPLIED BY STATUE, COMMON LAW OR OTHERWISE), INCLUDING (WITHOUT LIMITATION) ANY WARRANTY, TERM OR CONDITION AS TO ACCURACY, COMPLETENESS, SATISFACTORY QUALITY, PERFORMANCE, FITNESS FOR PURPOSE OR ANY SPECIAL PURPOSE, AVAILABILITY, NON INFRINGEMENT, INFORMATION ACCURACY, INTEROPERABILITY, QUIET ENJOYMENT AND TITLE ARE, AS BETWEEN FUTURE AND YOU, HEREBY EXCLUDED. IN PARTICULAR, BUT WITHOUT PREJUDICE TO THE FOREGOING, WE ACCEPT NO RESPONSIBILITY FOR ANY TECHNICAL FAILURE OF THE INTERNET AND/OR THE APP; OR ANY DAMAGE OR INJURY TO USERS OR THEIR EQUIPMENT AS A RESULT OF OR RELATING TO THEIR USE OF THE APP; OR THE ACCURACY, COMPLETENESS, RELIABILITY OR USEFULNESS OF THE INFORMATION DISCLOSED OR ACCESSED THROUGH THE APP. IN NO EVENT, UNDER NO LEGAL OR EQUITABLE THEORY (WHETHER TORT, CONTRACT, STRICT LIABILITY OR OTHERWISE), SHALL WE OR ANY OF OUR RESPECTIVE EMPLOYEES, DIRECTORS, OFFICERS, AGENTS OR AFFILIATES, BE LIABLE HEREUNDER OR OTHERWISE FOR ANY LOSS OR DAMAGE OF ANY KIND, DIRECT OR INDIRECT, IN CONNECTION WITH OR ARISING FROM THE APP, THE USE OF THE APP OR OUR AGREEMENT WITH YOU CONCERNING THE APP, INCLUDING, BUT NOT LIMITED TO, COMPENSATORY, DIRECT, CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL OR PUNITIVE DAMAGES, LOST ANTICIPATED PROFITS, LOSS OF GOODWILL, LOSS OF DATA, BUSINESS INTERRUPTION, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION, EVEN IF WE HAVE BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES.
SOUND EFFECTS – COPYRIGHT DISCLAIMER
The following ‘Sound Effects’ are incorporated into the App:
|List of ‘Sound Effects’||Licensed under and used in accordance with:|
“Dry hands single rub together 1”
“Mouth, tongue cluck 3”
“Game, collect coin or treasure tone”
“Handful of coins drop into cardboard box”
“Multimedia button click 15”
“Cartoon bubble pop 3”
“Notification, alert, mallet, synth, warm, soft and positive 2”
“Pear catch in hands 3”
“Single small water drip”
“Game tone, collect point 4”
“Game error tone 7”
“Game zap, weapon tone”
“Game tone, collect coin or treasure 4”
“Game tone, collect coin or treasure 5”
“Retro game tone, musical success 4”
“Thin crispy ice movements, crush 5”
“Arcade game slot machine jackpot tone 2 (long)”
“Pillow case shake 6”
“Multimedia alert, positive, bright 3”
“Multimedia alert, positive, bright 1”
“Ring, Flappy Bird, Tribute, Coin, Success, Checkpoint, Retro”
“Water drip close up 2”
“Cartoon water drip or bubble pop 4”
|“Fantasy game, pick up gold coin 01” by Morten Barfod Søegaard, Little Robot Sound Factory, available at zapsplat.com||CC Attribution 4.0 International License|
“User interface tone, select, digital button” by Dusty Room, available at zapsplat.com
“Cartoon bubble pop” by Dusty Room, available at zapsplat.com
“Swarm of bees, surrounded 1”by CC0, available at zapsplat.com
|CC0 1.0 Universal License|
“Menu Button Click Percussive 01”, Finnolia Productions Inc.
“Menu Button Click Pop Up 05”, Finnolia Productions Inc.
“Correct Answer Bell Gliss 02”, Finnolia Productions Inc.
“Correct Answer Pops 01”, Finnolia Productions Inc.
“Cartoon Bong Boing 01”, Finnolia Productions Inc.
“Water Droplet Water Dripping 01, Finnolia Productions Inc.
“Pill Container Shake 03”, Finnolia Productions Inc.
|“Tick Tock” by Mike Koenig, available at soundbible.com||CC Attribution 3.0 International License|
“Jelly Beans”, Toy Invention
“Whistling Ukulele”, Audioflame
“Funny Ukulele Upbeat”, SunSmileMusic
“Corpiano”, Paul Werner
“Family Values”, Audio Waves
If you have questions regarding this Agreement, or wish to obtain additional information, please drop us a line to firstname.lastname@example.org.