USING THE WWW.APPYSMARTS.COM WEBSITE IS EQUIVALENT TO ACCEPTING THE FOLLOWING TERMS AND CONDITIONS


GENERAL INFORMATION


  1. APPYSMARTS.COM is a Website dedicated to parents, children, and application manufacturers (Users) located at the www.appysmarts.com address.
    The Website aims at presenting opinions and recommending mobile applications for children. The Website also enables research in order to expand knowledge on using mobile applications by children aged 0 - 6+ and their parents.
  2. The Website Operator (service provider) is: Upper Mind sp. z o.o. headquartered in Poland, Warsaw, Al. Jerozolimskie 139 apt. 15, Warsaw, 02-304 (REGON 142614054 , VAT ID 701-028-93-59, registered in Commercial Court, KRS (National Court Register) 12th Department, under the KRS number of 0000364406).


DEFINITIONS


The website, appysmarts.com - opinion-forming internet Website in the English language presenting and gathering reviews, opinions, comments, materials, and other information concerning mobile applications for children, maintained by Upper Mind sp. z o.o. in appysmarts.com domain.

Website user - every entity using the Website who accepted terms and conditions of these Appysmarts.com regulations.

Logged Website user - every entity who met terms and conditions of Appysmarts.com regulations and has an established User account of Appysmarts, accepted terms and conditions of these regulations and has logged in Appysmarts.com at least once.

Account, User account - an account maintained for the User under a unique name (login) that is a set of resources containing User data as a part of a profile or profiles created by the User. The User may have more than one profile as a part of his/her account.

User account profile - a set of resources maintained for the User containing User data as a part of a single profile created by the User.

Registration - Appysmart.com Website User account opening procedure in accordance with the regulations.

Data - all information in the Website coming from Users or entities cooperating with the Website.

Mobile application - software operating on mobile devices such as mobile phones, smartphones, palmtops, and tablets.

Recommended applications - a set of applications selected in accordance with User settings in his/her profile(s).

Review - a subjective assessment of mobile application developed by the Editorial Staff of the Website.

Opinion - each piece of information uploaded by a User in a selected space of the Website, e.g. an opinion, comment, and assessment of an application.

Materials - all data, e.g. texts, photos, films uploaded by the Editorial Staff of the Website, Users, and Manufacturers in a selected space of the Website.

Publisher - a company, its representative, or a private person holding copyright for distribution of mobile application,

Promocode - a short code provided by the Manufacturer to Editorial Staff of the Website enabling free access to applications for a specified or unspecified time.


USING THE WEBSITE

  1. The Website can be used via Internet browser and mobile applications.
  2. The appysmarts.com Website is not a store. The Website Operator is not related to any Publisher or Manufacturer of mobile applications, or to their distributors.
  3. The Website Operator makes every effort to keep data presented in the Website up to date, in particular application prices, however, the Website Operator is not responsible for the actual prices of applications collected by Publishers.
  4. The User uses the Website at his/her own responsibility. The User shall not have any claims resulting from using the Website.
  5. The copying, reproducing, and modifying Reviews, Data, Opinions, and Materials of the Editorial Staff of the Website and any other information uploaded to the Website is prohibited.
  6. No part of the Website, in particular Reviews, Data, Opinions, and Materials may be distributed in other websites without written consent of the Website Operator.


SERVICES

  1. The Operator provided free services in the Website consisting in making available of reviews of mobile applications for children.
  2. Upon opening the Account, the User receives additional access to the weekly mailing with list of Recommendations - a dedicated mailing application created based on Account Profile created by the User.
  3. The mailing with lists with recommended applications are only for reference and information purposes. The Website Operator is not responsible for using recommended applications by the User.
  4. The Website Operator shall make every effort to make the recommendation matching algorithm work optimally but it cannot be ruled out that in some cases recommendations may fail to satisfy User expectations.
  5. The Website Operator is only an intermediary in distribution of promocodes by publishing them. The application Publisher is solely responsible for promocodes provided to the Operator for publication.


REGISTRATION

  1. During registration, the User provides the following data:
    e-mail address, age, mobile device he/she is using.
    Data contained in the registration form will not be published.
  2. Upon filling and confirming data in the registration form, a message containing instructions on confirmation of Registration will be sent to the given e-mail address. Upon confirmation of Registration, the contract between the entity being registered and the Operator is concluded. The subject of this contract is provision of services by the Operator on terms and conditions specified in the Regulations.
  3. The User must fully activate the account in order to get full access to all services provided by the Operator.


PERSONAL DATA

  1. By registering, the User agrees for the following:
    • processing, gathering, recording, storing, developing, making available of, and deleting User personal data by the Operator in the scope necessary to provide services by the Website;
    • processing, gathering, recording, storing, developing, making available of, and deleting User personal data by the Operator for marketing and statistical purposes;
    • processing, gathering, recording, storing, developing, making available of, and deleting User personal data for advertising, market and client preferences research purposes with research results meant for improvement of Website services quality.
  2. Providing his/her e-mail address, the User agrees to receive commercial information in the understanding of the Law on providing electronic services (dated 18 July 2002) from the Operator or entities uploading commercial and similar contents to the Website. The User's agreement may be revoked at any time.
  3. The User is entitled to review the provided contents and data, modify these and request deletion of these.
  4. User data may be made available to entities authorized to receive these data based on legal regulations, including appropriate justice administration institutions.
Data base application number to GIODO: 137341

Database is administered by:
Upper Mind sp. z o.o.
Al. Jerozolimskie 139 l. 15
02-304 Warsaw


RULES OF USING THE WEBSITE

  1. Information published in the Website is meant for information and education purposes.
  2. Using the Website may not influence services rendered in the Website (including application reviews) in an illegal manner, in particular by breaking or an attempt to break Website protection or finding loopholes in Website protection system. Should the above violations by the User be ascertained, the User account will deleted from the Website.
  3. The Operator is entitled to place advertising commercial contents in the Website.


COPYRIGHT

  1. It is prohibited, without written consent of the owner, to copy, process, and distribute materials, in whole or part, published by the Operator or another User.
  2. All trademarks and brands used in this Website are a property of or/are reserved by their owners and are used for information purposes only. They are subject to protection and their use is prohibited by legal regulations.


COMPLAINTS AND CHANGES OF REGULATIONS

  1. Any complaints, remarks, opinions, information on violating the Regulations and questions related to the Website should be sent to: info@appysmarts.com.
  2. Disputes between the User and the Operator will be settled by the court appropriate for Operator's headquarters.
  3. The Operator reserves the right to change the contents of the Website and these Regulations. The amended Regulations come into force upon publication on the Website.

PRIVACY POLICY

This is the main Privacy Policy for appysmarts.com and Appysmarts mobile application. It covers the information Upper Mind sp. z o.o. collects from users.

We collect different types of information about the users for the following main reasons:
- to provide personalised services unique to individual users,
- to market services to individuals users,
- to monitor and improve the services we offer.

We take your privacy very seriously and make it a priority to protect personally identifiable information, such as your name and email address. Please follow the links below for further information.

1. What kinds of information we collect about user?
2. Who we share data with
3. Use of cookies
4. How to contact us if you have concerns about this Privacy Policy?

1. What kinds of information we collect about user?

We collect information on our users through registration and use of the website and mobile application, through cookies, where you choose to disclose data in postings.

Registration

During registration, the User provides us with the following data:
User e-mail address, age, mobile device he/she is using.
Data contained in the registration form will not be published.

Logging in using social networking credentials

If you log-in to our sites using a Facebook log-in as a means of authentication you grant permission to Facebook to share your user details. This will include your name, email address, date of birth Authenticating also permits the sharing of your gender, networks, user ID and any other information you choose to share according to your Facebook account settings. If you remove the Appysmarts app from your Facebook settings, our access to this additional information will cease.

2. Who we share data with

We do not share information that we have collected about you with other users and with other entities.There may be instances when we may disclose personally identifiable information without providing you with a choice in order to protect the legal rights of Upper Mind or its affiliates, and each of their respective investors, directors, officers, employees, agents, and suppliers; to protect the safety and security of users of the Upper Mind Content; to protect against fraud or for risk management purposes; or to comply with or respond to the law or legal process or a request for cooperation by a government entity, whether or not legally required.

3. Use of Cookies

Cookies are small bits of information that are stored in a separate files within your computer’s Interent browser. Cookies remember information about your activities on a website or other platform.
We use cookies for a number of reasons:
- For statistical purposes to track how many individual unique users we have and how often they visit our website. We collect data listing which of our pages are most frequently visited and by which types of users and from which countries.
- Placing cookies on your computer means we can serve you adverts that you might be more interested in, and allows us to control the number of times you see them and measure how effective the ad campaign has been. This helps us to keep the site free of charge.
- Flash cookies may be used to store user preferences for media player functionality and without them some video content may not render correctly.

You can turn cookies off but if you do this you may not be able to use all services on our websites and you might see more pop-ups and other intrusive advertising, as we won't be able to limit what you see using cookies. You will, however, still be able to view editorial content. By using the site you are agreeing to the use of cookies as described.

4. How to contact us if you have concerns about this Privacy Policy?

If you have any concerns regarding this Privacy Policy or would like your identyfiable information to be removed from our database, you may email us at info(at)appysmarts.com (please replace (at) with @)
Attention: Legal Department
Upper Mind sp. z o.o.
Al. Jerozolimskie 139 l. 15
02-304 Warsaw
Poland