PRIVACY POLICY

1. GENERAL INFORMATION

This Privacy Policy is designed to help you understand how we, Mašinerija d.o.o., Ivice Kičmanovića 16, Prigorje Brdovečko, Croatia (the “Company”, “we” or “us”) collect, use and store the information you provide to us and to assist you in making informed decisions when using our mobile app Birthdayrama (“App” “Service”).

For purposes of this Agreement, “App” refers to the Company’s mobile app Birthdayrama. The terms “we,” “us,” and “our” refer to the Company. “You” refers to you, as a user of our App. By accessing our App, you accept our Privacy Policy and you consent to our collection, storage, use and disclosure of the information you provide to us as described in this Privacy Policy.

2. INFORMATION WE COLLECT

We do not collect any personal information. To use the App you don’t need to register or leave any personal information. All data you enter within the App is stored on your mobile device.

To use certain features in the App you might be asked to give permission for the access to your:

This information is stored on your mobile device only and is used within the App. You may choose not to allow access to this data, but keep in mind that by not allowing the access, usage of some features of the app may be limited.

2.1. Usage data

We may collect information that is sent when you access the Service by or through a mobile device ("Usage Data") - see more under 3. “Analytics”. This Usage Data may include information such as the type of mobile device you use, your mobile device unique ID, the IP address of your mobile device, your mobile operating system, the type of mobile Internet browser you use, unique device identifiers and other diagnostic data.

2.2. Location data

We may use and store information about your location if you give us permission to do so (“Location Data”). We use this data to provide features of our Service, to improve and customize our Service.
You can enable or disable location services when you use our Service at any time, through your device’s settings.

3. ANALYTICS

We use third-party Service Providers to monitor and analyze the use of our Service - Firebase Analytics. Firebase Analytics is an analytics service provided by Google Inc. For more information on what type of information Firebase collects, please visit the Firebase Privacy & Terms web page: https://firebase.google.com/support/privacy#top_of_page.

4. CHANGES TO OUR PRIVACY POLICY

We may update this Privacy Policy from time to time. The updated version will be posted on this page and will be effective as soon as it is accessible. We encourage you to check from time to time the App Privacy policy page for updates.

5. CONTACT US

If you have any questions regarding this Privacy Policy or the App, please contact us by sending us an email to masinerija.apps@gmail.com.

If you contact us through the App, we might see your personal data, such as your email address, your name and some usage statistics. This information is only to assist us in providing customer support to you and won’t be added to a mailing list.

Last Updated: This Privacy Policy was last updated on June, 03, 2019.

TERMS AND USE OF THE SERVICE

1. GENERAL INFORMATION

1.1.

This Terms of Service Agreement (Agreement) is a legal agreement between you (You) and Mašinerija d.o.o. (Mašinerija, We or Company), for use of the service (the Service) as provided via the App “Birthdayrama” (the App) available in the Apple App Store.

1.2.

Please read this Agreement carefully. By accessing or using the App, you acknowledge that you accept and agree to be bound by the terms of this Agreement. IF YOU DO NOT AGREE TO THESE TERMS, YOU MAY NOT ACCESS OR USE THE APP.
We may modify this Agreement from time to time. We will notify you through the App, or by presenting you with a new version of the Agreement for you to accept if we make modifications that materially change your rights. Your continued use of the App after the effective date of an updated version of the Agreement will indicate your acceptance of the Agreement as modified.

1.3.

The Agreement controls the relationship between You and Mašinerija and does not establish any third party beneficiary rights.

1.4.

You must be at least 13 years old (Minimum Age) to use this App. If you are a parent or guardian of a dependent who is younger than the legal age of majority in your location of residence, you may accept this Agreement on behalf of the minor dependent, but thereby take full responsibility for their use of the Service.

1.5.

By using the Service, you agree to the Terms of Service.

2. USING THE SERVICE

2.1.

To use the App, you do not have to create an account. The information you enter is stored and shared only within your mobile device and is not stored anywhere outside your mobile device.

2.2.

By using the App, you give us permission to collect your anonymous data (User Content) to improve services for all users. We do not collect personally identifiable information from any person. All information entered within the App is stored in the app on your mobile device.

2.3.

In order to enable us to operate and improve the Service, you hereby grant the App a worldwide, non-exclusive, royalty-free license to use, reproduce, communicate and distribute your User Content (collected as described in paragraph 2.2 of this article), without any further notice to you and without any compensation or obligation to you.

2.4.

By using the App, you are entitled to use the services and content we provide. You may not, however, copy or publish any part of the App or services.

2.5.

You may stop using the service at any time. Since you don’t have to create an account to use the App, there is no deleting of your account as account is non-existent. All User Content and other information provided by you will be deleted from the app and your mobile device when you delete the App from your mobile device.

2.6.

If you are under 18, your parent or guardian must review and accept the terms of this Agreement, and by using the App, you confirm that your parent or guardian has reviewed and accepted this Agreement. We reserve the right to limit the availability to users under the age of 18 of certain contents in the App, in our sole discretion.

3. INTELLECTUAL PROPERTY

You acknowledge and agree that we retain ownership of all intellectual property rights of any kind related to the App, including applicable copyrights, trademarks and other proprietary rights. The App or any of its content, logos, and other Birthdayrama trademarks may not be copied, imitated or used, in whole or in part. We reserve all rights that are not expressly granted to you under this Agreement.

4. LIMITED LICENSE TO THE APP

We grant you a personal, worldwide, revocable, non-transferable and non-exclusive license to access and use the App for personal and non-commercial purposes in accordance with the terms of this Agreement. All rights, title, and interest in and to the App not expressly granted in this Agreement are reserved by the Company. If you wish to use the Company’s software, title, trade name, trademark, service mark, logo, domain name and/or any other identification with notable brand features or other content owned by the Company, you must obtain written permission from the Company. Permission requests may be sent to masinerija.apps@gmail.com.

5. WARRANTY DISCLAIMER

The Company controls and operates the App from various locations and makes no representation that the App is appropriate or available for use in all locations. The App or certain features of it may not be available in your location or may vary across locations.
THE APP IS PROVIDED “AS IS”, “AS AVAILABLE” AND IS PROVIDED WITHOUT ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES IMPLIED BY ANY COURSE OF PERFORMANCE OR USAGE OF TRADE, ALL OF WHICH ARE EXPRESSLY DISCLAIMED, SAVE TO THE EXTENT REQUIRED BY LAW. THE COMPANY, AND ITS DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES, SUPPLIERS, PARTNERS AND CONTENT PROVIDERS DO NOT WARRANT THAT: (A) THE APP WILL BE SECURE OR AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; (B) ANY DEFECTS OR ERRORS WILL BE CORRECTED; (C) ANY CONTENT OR SOFTWARE AVAILABLE AT OR THROUGH THE APP IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR (D) THE RESULTS OF USING THE APP WILL MEET YOUR REQUIREMENTS. YOUR USE OF THE APP IS SOLELY AT YOUR OWN RISK. SOME STATES / COUNTRIES DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

6. USE OF MOBILE DEVICES

Please note that your carrier’s normal rates and fees, such as text messaging and data charges, will still apply if you are using the App on a mobile device.

7. YOUR FEEDBACK

We welcome your feedback about the App. Unless otherwise expressly declared, any communications you send to us are deemed to be submitted on a non-confidential basis. You agree that we may decide to publicize such content at our own discretion. You agree to authorize us to make use of such content for free, and revise, modify, adjust and change contextually, or make any other changes as we deem appropriate.

8. CHANGES TO THE APP

From time to time and without prior notice to you, we may change, expand and improve the App. We may also, at any time, cease to continue operating part or all of the App or selectively disable certain features of the App. Your use of the App does not entitle you to the continued provision or availability of the App. Any modification or elimination of the App or any particular features will be done in our sole and absolute discretion and without an ongoing obligation or liability to you.

9. INDEMNITY

You agree to defend, indemnify, and hold the Company, its officers, directors, employees, agents, licensors, and suppliers, harmless from and against any claims, actions or demands, liabilities and settlements including without limitation, reasonable legal and accounting fees, resulting from, or alleged to result from, your violation of this Agreement.

10. MISCELLANEOUS

Any disputes arising from this Agreement, including those referring to the issues of its valid creation, violation and termination, as well as legal effects resulting therefore, will be finally resolved, if an amicable resolution is not possible, before a court of competent jurisdiction in Zagreb, according to the law of the Republic of Croatia.

All claims between the parties related to this Agreement will be litigated individually and the parties will not consolidate or seek class treatment for any claim, unless previously agreed to in writing by the parties.

YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS OF USE, UNDERSTAND THE TERMS OF USE, AND WILL BE BOUND BY THESE TERMS AND CONDITIONS. YOU FURTHER ACKNOWLEDGE THAT THESE TERMS OF USE TOGETHER WITH THE PRIVACY POLICY REPRESENT THE COMPLETE AND EXCLUSIVE STATEMENT OF THE AGREEMENT BETWEEN US AND THAT IT SUPERSEDES ANY PROPOSAL OR PRIOR AGREEMENT ORAL OR WRITTEN, AND ANY OTHER COMMUNICATIONS BETWEEN US RELATING TO THE SUBJECT MATTER OF THIS AGREEMENT.

11. QUESTIONS AND COMMENTS

If you have any comments or questions on any part of the services or any part of this Terms of Service, feel free to contact us at masinerija.apps@gmail.com .