Terms of use for the app «God Seeker»

 

1. general, requirements for use, updates

 

1.1 Loyola Productions Munich GmbH, represented by the managing director Christof Wolf, Kaulbachstr. 22a, 80539 Munich, Germany (hereinafter referred to as «Loyola» or «We») offers the user (hereinafter referred to as «user» or «you») the application «God Seeker» (hereinafter referred to as «App» or «Software») for mobile devices with iOS (Apple iPhone/iPad) or Android operating system (hereinafter referred to as «mobile devices») via the Apple App Store and the Google Play Store (hereinafter jointly referred to as «App Store») on the basis of these Terms of Use.

 

1.2 The necessary technical requirements, e.g. required storage space on your mobile device and required software version, are set out in the description of the App available in the App Store. Further requirements for installation and use on the User's mobile device are a current and valid user account for the respective App Store and an Internet connection. The contractual relationship of the user with regard to his App Store user account shall be governed exclusively by the agreements concluded between the user and the respective App Store.

 

1.3 The installation and use of the App requires regular data transmission from the user's mobile device. The extent and frequency of the data transfer depend, among other things, on the type and scope of your use of the App. The connection costs incurred for the data transfer are borne by the user according to the contract existing between him and his Internet access provider.

 

1.4 Loyola may at any time further develop the App and extend or change its functionality and issue updates for the App, but does not assume any contractual obligation to do so. Any updates will be displayed to the User in the App or via the functionalities of the respective App Store.

 

2. registration, rights, prohibited conduct

 

2.1 To use the App's functionalities, the user must register with the App. You are obliged to provide true, current and complete information and to keep your data up to date at all times. You must keep your access data secret and inform us immediately if you discover any misuse.

 

2.2 By downloading and installing the App, the user receives a personal, simple and non-transferable license to use the App on the mobile device in accordance with these Terms of Use.

 

2.3 The user undertakes to use the App from Loyola only in a way and for purposes which do not violate these Terms of Use or applicable law or infringe the rights of third parties. The user shall in particular refrain from the following: (a) to change, adapt, translate, edit, decompile, disassemble or in any other way attempt to find out the source code of the App, this shall not apply to the extent that the decompilation is permitted by law according to § 69 e UrhG (German Copyright Act); (b) to otherwise gain access to the source code of the App or to disclose it to anybody; (c) to transfer the App to third parties, to grant a sublicense, to pledge, lend, rent, sell or commercially distribute it; or (d) to create new works based on the App, to edit such works or to put them on the market or sell them.

 

2.4 The use of the App is permitted exclusively for private, non-commercial use. Any commercial use of the App requires the prior written consent of Loyola.

 

3. scope of use/functionalities

 

3.1 The use of the app is free of charge.

 

3.2 The app offers registered users the possibility to play the Philosophers Quiz, to view its results and to compare them with the total of all other players. Further details on the scope of use can be found in the service description available in the App Store.

 

4. runtime, uninstallation

 

The contract for the use of the App is concluded for an indefinite period of time and runs as long as the App is installed on the user's mobile device. The App can be uninstalled from the user's mobile device at any time.

 

5. liability

 

5.1 Loyola is liable within the scope of the contract on the merits only for damages of the user, (1) which Loyola or its legal representatives or vicarious agents have caused intentionally or by gross negligence, (2) from injury to life, body or health, which are based on a breach of duty by Loyola or one of its legal representatives or vicarious agents, (3) in cases of liability under the Product Liability Act, from the assumption of a guarantee or due to fraudulent misrepresentation and (4) which have arisen due to the breach of an obligation, the fulfillment of which is essential for the proper execution of the contract and on the observance of which the user regularly relies and may rely (cardinal obligation).

 

5.2 In cases (1), (2) and (3) of the preceding paragraph Loyola's liability is unlimited in amount. Otherwise the claim for damages is limited to the foreseeable damage typical for the contract.

 

5.3 In cases other than those mentioned in 5.1 and notwithstanding the following paragraph, Loyola's liability - irrespective of the legal ground - is excluded.

 

5.4 The above limitations of liability shall apply accordingly to all organs, employees and vicarious agents of Loyola. They do not change the statutory burden of proof.

 

6. responsibility, warranty

Loyola does not warrant to you or any other person that the Offer will meet your requirements beyond binding contracts and will be available at all times without interruption, timely, secure and error-free. Loyola does not warrant any specific goals or results that may be achieved through the use of the App or the accuracy and reliability of the information available through the App.

 

7. trademarks and other intellectual property rights

All rights to the App and its labeling, including any trademark, patent, copyright, license or other rights or comparable legal positions in relation to you, are exclusively owned by Loyola and the user shall not use it or remove any indication of Loyola's ownership of rights without Loyola's prior express written consent.

 

8. data protection for the app «God Seeker»

 

8.1 General provisions

The protection of your personal data is very important to us. We treat this topic very carefully and therefore inform you in the following about the handling of your personal data when using our app. Personal data is all data that can be personally related to you, e.g. name, address, e-mail addresses. In as far as we collect, manage, process or use personal data from you in the course of your use of the App, this is only done within the scope of the legal provisions and to provide the functionalities of our App. In as far as we use data for a purpose that requires your consent according to the legal provisions, we will ask you for your express consent in each case. Of course, you can revoke a once given consent at any time and/or object to future uses of your data.

 

8.2 Responsible person and data protection officer

Responsible according to Art. 4 para. 7 European Data Protection Basic Regulation (DSGVO) is Loyola Productions Munich GmbH, Christof Wolf, Kaulbachstr. 22A, 80539 Munich, Germany, Tel.: +49-89-2386-2418, E-Mail: kontakt"[at]"lp-muc.com

If you have any concerns regarding data protection, please contact our data protection officer, whose contact details are Christof Wolf, Kaulbachstr. 22A, 80539 Munich, Germany, Tel.: +49-89-2386-2418, E-Mail: kontakt"[at]"lp-muc.com

 

8.3 Your rights

You have the following rights vis-à-vis us with regard to the personal data concerning you: - right of access (Art. 15 DSGVO), - right of rectification (Art. 16 DSGVO), - right of cancellation (Art. 17 DSGVO; «right to be forgotten»), - right to limit processing (Art. 18 DSGVO), - right to object to processing (Art. 21 DSGVO), - right of transferability (Art. 20 DSGVO). You also have the right to complain to a data protection supervisory authority in the Member State in which you are resident, your place of work or the place of the alleged infringement, about the processing of your personal data by us, if you consider that the processing of personal data concerning you is unlawful.  In addition, we would like to point out that if your personal data is processed on the basis of a legitimate interest in the context of the balancing of interests pursuant to Art. 6 para. 1 sentence 1 f) DSGVO, you have the right to object to the processing of your personal data at any time.

If you have given us your consent to the processing of your data, you can revoke this consent at any time with effect for the future. The legality of the processing of your data until revocation remains unaffected. For the assertion of your rights or in the case of other data protection concerns, you can contact us at any time via the contact channels mentioned in section 2 above and/or those listed in our imprint.

 

8.4 Personal data when downloading and using the app

a. Downloading the App

When downloading the app, the required information is transferred to the respective App Store, i.e. in particular the user name, e-mail address and customer number of your account, time of download and the individual device ID number. We have no influence on this data collection and are not responsible for it. We process the data only to the extent necessary for downloading the mobile app to your mobile device.

 

b. Technically required data

When using the app, we collect the personal data described below to enable convenient use of the functions. If you wish to use our App, we collect the following data, which is technically necessary for us to offer you the functions of our App and to ensure stability and security (legal basis is Art. 6 para. 1 p. 1 lit. f DS-GVO - processing within the scope of the legitimate interests of the person responsible): - IP address - Date and time of the request - Time zone difference to Greenwich Mean Time (GMT)  - Content of the request (specific page)  - Access status/HTTP status code - Amount of data transferred in each case - Website from which the request comes - Browser - Operating system and its interface - Language and version of the browser software.  We also need your device identification or unique number of the end device (IMEI = International Mobile Equipment Identity), the unique number of the network subscriber (IMSI = International Mobile Subscriber Identity), the mobile phone number (MSISDN), MAC address for WLAN use, name of your mobile device, e-mail address.

 

c. Registration

To play the Philosophers Quiz in the app, you need to register. To register, the following data is required: first name, last name, e-mail address and a password of your choice. With these data a user profile for our app will be created for you. If you take the philosophy quiz offered in the app, we will save your progress or the scores in your profile so that you do not have to start the quiz again. The legal basis for the processing described above is Art. 6 Para. 1 Sentence 1 lit. b) DSGVO (processing is required for the fulfillment of a contract).

 

d. Contact

When you contact us, e.g. by e-mail, we will store your e-mail address and, if you have provided it, your name in order to answer your questions or process your request. The legal basis is Art. 6 para. 1 sentence 1 lit. f DS-GVO (processing within the scope of the legitimate interests of the person responsible). We delete the data arising in this connection after storage is no longer necessary or - in the case of legal storage obligations - restrict processing.

 

e. No payment data

As the use of the app is free of charge for the users, we do not collect, store or use any payment data of the user.

 

8.5 Obligation to provide personal data

If you want to use our App or, for example, contact us, you must provide the personal information necessary to register for the App or to process and respond to your request. If you do not provide us with this data, we will not be able to create the desired user account for you or to process and answer your request/request.

 

8.6 Use of service providers, recipients and processing outside the EU/EEA

Your personal data will only be passed on or transmitted by us to third parties if this is necessary to fulfil the contract with you, if we have a legitimate interest, if you have given your consent and/or if we are obliged to do so by law or by official or court orders. Your personal data will be transferred by us to third parties in the cases described below and for the purposes described below.  For the technical processing and support of our app, personal data will be processed on the basis of order processing agreements by our technical service providers Tellux Next GmbH, Laplacestr. 12 81679 Munich, Germany, and by GRAND DEVS Ltd, Lenina Ave 286, Mykolaiv, 54003 Ukraine. Processing by the service providers is carried out strictly according to our instructions and on our behalf. Use of the data for the service providers' own purposes is excluded. In addition, the EU standard contract clauses have been concluded with GRAND DEVS based in the Ukraine. The legal basis for the use of the listed service providers as described above is Art. 28 DSGVO (processing by a commissioned processor) and for the service provider GRAND DEVS the transfer of data to a third country outside the EU/EEA on the basis of the EU standard contract clauses.

 

8.7 Non-existence of automated decision making including profiling

We would like to point out that in the context of using our app and the services offered therein, you will not be subject to a decision based exclusively on automated processing - including profiling - which has legal effect on you or which affects you considerably in a similar way.

 

8.8 Storage duration / Deletion of data

Even without a special request by our users, we will of course comply with our obligations to delete personal data (e.g. in accordance with Art. 17 DSGVO) and therefore only store data for as long as is necessary to provide the requested service or for the respective purpose. For example, we only store the data in connection with your user account for as long as you have a user account with us and we will delete the data as soon as storage is no longer necessary, e.g. after you have deleted your user account or the app.

 

8.9 No cookies

We do not set cookies on the user's mobile device.

 

9. data protection for the website www.analytic-theology.org

 

9.1 Responsible person and data protection officer

Responsible according to Art. 4 para. 7 European Data Protection Basic Regulation (DSGVO) is Loyola Productions Munich GmbH, Christof Wolf, Kaulbachstr. 22A, 80539 Munich, Germany, Tel.: +49-89-2386-2418, E-Mail: kontakt"[at]"lp-muc.com

If you have any concerns regarding data protection, please contact our data protection officer, whose contact details are Christof Wolf, Kaulbachstr. 22A, 80539 Munich, Germany, Tel.: +49-89-2386-2418, E-Mail: kontakt"[at]"lp-muc.com

 

9.2 Quiz

If you register for the quiz, the information you provide will be stored for the purpose of processing your request and for possible follow-up questions.

 

9.3 Deletion or blocking of data

We adhere to the principles of data avoidance and data economy. We therefore only store your personal data for as long as is necessary to achieve the purposes stated here or as required by the various storage periods provided for by law. After the respective purpose has ceased to exist or these periods have expired, the corresponding data is routinely blocked or deleted in accordance with the statutory provisions.

 

9.4 We embed YouTube videos on some of our websites. The operator of the corresponding plugins is YouTube, LLC, 901 Cherry Ave., San Bruno, CA 94066, USA. When you visit a page with the YouTube plugin, a connection to servers of YouTube is established. This tells Youtube which pages you visit. If you are logged in to your YouTube account, Youtube can assign your surfing behavior to you personally. You can prevent this by first logging out of your Youtube account.

If a Youtube video is started, the provider uses cookies that collect information about user behavior.

If you've disabled cookies for the Google Ad program, you won't be able to expect to receive cookies when you watch Youtube videos. However, Youtube also stores non-personal usage information in other cookies. If you want to prevent this, you must block the storage of cookies in your browser.

Further information on data protection at «Youtube» can be found in the provider's privacy policy at: www.google.de/intl/de/policies/privacy/

 

9.5 Your rights to information, correction, blocking, deletion and objection

You have the right to receive information about your personal data stored by us at any time. You also have the right to have your personal data corrected, blocked or, apart from the prescribed data storage for business purposes, deleted. Please contact our data protection officer for this purpose. You will find the contact details at the bottom of this page.

In order that a blockage of data can be considered at any time, this data must be kept in a block file for control purposes. You can also request the deletion of the data, as long as there is no legal archiving obligation. If such an obligation exists, we will block your data upon request.

You can make changes or withdraw your consent by notifying us accordingly with effect for the future.

 

9.6 Changes to our data protection provisions

We reserve the right to adapt this data protection declaration from time to time so that it always meets current legal requirements or to implement changes to our services in the data protection declaration, e.g. when new services are introduced. The new data protection declaration then applies to your next visit.

 

Note: The data protection declaration was created with the data protection declaration generator of activeMind AG.

10. final provisions

 

10.1 German law shall apply to the exclusion of the UN Sales Convention.

 

10.2 Oral or written collateral agreements do not exist.