LEGALITY
Last updated 27 November 2020
TERMS OF USE
Introduction
These Terms of Use and the Privacy Policy (together “Terms”) available below govern the contractual relationship between You and Maroy Oy (Business ID FI27573781), a company established under Finnish legislation and having its principal place of business at Virkkalantie 82, 10230 Inkoo As, Finland. You can contact Maroy Oy by tel. +358400590630, or email maroy@maroy.fi.
These Terms apply to Maroy Oy’s MyAR Pet mobile application, Moomin Frames application and their related services (together “Application”). By using the Application, you agree to the following Terms and agree to abide by them. If you do not agree, please do not use the Application. We reserve the right to update these Terms at any time by posting a new version on Maroy.fi/application/legality. If we make any material changes, we will notify you as required under applicable law. Your continued use of the Application after the changes will be subject to the new Terms.
Maroy mobile applications
MyAR Pet and Moomin Frames are augmented reality (AR) mobile applications, which allows you to add illustrations to photographs you have taken.
Persons under the age of 13 must have their parent or guardian’s explicit consent to use the Application and give out personal information. While using the Application, persons under the age of 13 must be supervised by responsible parent or guardian.
The availability of the Application is dependent on the entity from whom you obtained the Application. The Application functions with Apple IOS and Android devices and can be downloaded through the respective application stores (“App Store”). Minimum requirement for iOS is 8 and for Android 19. You will agree and comply with all applicable App Store terms and policies as well as their privacy policy when using the Application.
When using the Application, the Application will ask for your permission to use the camera and storage on your device. You must give these permissions for the Application to function on your device. The Application will not store or publish your pictures anywhere outside of your device without your permission.
Fees and Payment
The use of the Application is free and certain features are provided to you free of charge, but some features require payment before you can access them. You have the possibility to purchase Premium Pet Collection / Full collection of Moomin frames for 3,99€ and Extra Effects Collection / All Moomin accessories for 0,99€. Maroy Oy shall be entitled to adjust the fees at any time. After purchasing the Premium Pet collection and/or the Extra Effects Collection / Full collection of Moomin frames and/or All Moomin accessories, you gain access to use the locked feature/features within the app. All the in-app purchases are made through the applicable App Store and we do not collect billing or payment information from you. You will agree and comply with all applicable App Store terms and policies as well as their privacy policy when using the Application.
Please note that when using the Application, extra data charges may apply under your service plan depending on your carrier.
Withdrawal Rights for Digital Content
If you decide to purchase Premium Pet Collection or Extra Effects Collection / Full collection of Moomin frames and/or All Moomin accessories (together “Digital Content”) in the Application, you agree that the Digital Content will be available to you immediately, and you acknowledge that as a result you waive your automatic statutory right of withdrawal. We highly recommend you to create an account and log in to keep your purchase safe.
Register account and Login
Subject to the terms below under the heading “Limited warranty”, the Application will be in your use until you choose to remove the application from your device.
If you purchase Digital Content without creating an account, you are a visitor with temporary privileges. If you create an account, you will be able to redownload the Application and log in with your email and password and restore your previous purchases. You may want to create an account with email and password so you can re-download the Application with purchases in case you, among others, switch to a different device or delete the Application from your device.
A registration system has been made in order to keep track of your purchased items. It is not mandatory to register and provide your email address to us, but we highly recommend it to keep your possible purchases safe. As long as you are logged in during a successful purchase, the items are safe. By doing so, it is possible to restore previously purchased items even if you, among others, switch to a different device. If you are not logged in, the purchases can be lost.
For safety reasons we will contact you by email when restoring your account or resetting your password.
Create your account: Once you register, you will be prompted to use your email as a username and create a password.
Log in
- Log in to your account with the exact email address you used as a username and the password you selected.
- The data we collect will be encrypted for your personal safety.
- If you don’t remember the password you chose when you registered your account, you can reset your password using the same email used for your registration.
- Once you receive the password reset email click the link to reset the password for your account.
You should now be logged in and have all your purchased Digital Content available.
In case you want to delete your data, you can click DELETE DATA -button within the Application’s burger menu and all your information will be deleted from our servers permanently. Please note, that if you request us to delete your data, your account and all associated purchases with the Application will also be deleted and cannot be recovered. You can not undo this.
In case you face problems with the Application please contact info@maroy.fi.
Limited warranty
Maroy Oy will make reasonable efforts to keep the Application operational and working as intended. However, certain technical difficulties or maintenance may, from time to time, result in temporary interruptions. Maroy Oy does not warrant that the Application will be uninterrupted or error-free. To the extent permissible under applicable law, Maroy Oy reserves the right, periodically and at any time, to modify or discontinue, temporarily or permanently, the Application (or any function or feature thereof), with or without notice, all without liability to you, except where prohibited by law, for any interruption, modification, or discontinuation of the Application or any function or feature thereof.
You shall understand, agree, and accept that Maroy Oy has no obligation to maintain, support, upgrade, or update the Application, or to provide all or any specific content through the Application. This section will be enforced to the extent permissible by applicable law. Maroy Oy and/or the owners of any content in the Application may, from time to time, remove any such content without notice to the extent permitted by applicable law.
The Application is provided “as is” and “as available” without express or implied warranty or condition of any kind. This does not affect your statutory rights as a consumer.
Restrictions of Use
You agree that you do not use the Application for any illegal activities or to breach or misappropriate any intellectual property rights of a third person or violate the legal rights of anybody, including the rights of privacy and publicity of others. When using the Application and related content do not use unlawful, harmful, harassing, defamatory or otherwise inappropriate images. For photographing underage children, you need parental permission. You are solely responsible for the use of the Application and our services and for any kind of data or content created with the Application or in connection with the Application.
Opt-out of marketing emails and other direct marketing
You may opt-out of receiving promotional communications, such as marketing emails from us by following the instructions in such communications. Updated settings may not be effective immediately. Note that you may still continue to receive non-promotional emails from us, such as communications regarding our services or updates to our Terms of Use or Privacy Policy.
Copyright
All rights to all Maroy characters and licenced characters in the Application are reserved. Using Maroy characters and licenced characters anywhere but in the pictures produced by the Application is strictly forbidden and considered as an infringement of copyright.
Limitation of Liability
In no event shall Maroy Oy be liable for any damages arising from the user’s access or use of the Application, or directly caused by the Application, unless otherwise provided in applicable mandatory consumer protection laws. To the fullest extent permitted under applicable law, in no event shall Maroy Oy be liable to you personally for any loss, injury or damages (including but not limited to any special, indirect, consequential or punitive damages, lost profits, lost revenues or other incidental damages) arising out of the use, inability to use, or the results of use of Application.
Governing Law
These Terms are governed by the laws of Finland, without reference to its choice of laws principles. Any dispute, controversy or claim arising from these Terms shall be primarily settled by mutual negotiations between you and Maroy Oy. In the event the dispute, controversy or claim arising from these Terms cannot be settled by mutual negotiations, it shall be finally settled at the District court of Helsinki.
A consumer may also refer a dispute relating to these Terms to the Consumer Disputes Board (www.kuluttajariita.fi). Before referring a dispute to the Consumer Disputes Board, the consumer shall contact the Consumer Advisory Service (www.kuluttajaneuvonta.fi).
PRIVACY POLICY
This Privacy Policy describes:
- The ways we collect personal data about you and why we do so
- How we use your personal data, and
- The choices you have about your personal data.
Data Controller
Maroy Oy
Virkkalantie 82
10230 Inkoo
Contact person in matters concerning the register
Support manager
Virkkalantie 82
10230 Inkoo
webmaster@maroy.fi
Grounds and purpose of processing personal data
The primary basis for the processing of personal data is the data subject’s consent.
To perform the contract, we process data necessary to:
- Create accounts and allow you to use our applications and use our service
- Operate the service
- Verify and confirm payments
- Provide and deliver products and services you request.
- Provide you Maroy offers in the Service as well as in other websites and services, and by email
- Send you related information, such as updates, security alerts, and support messages
Personal data shall not be used for profiling purposes.
When using the Application, the Application will ask for your permission to use the camera and storage on your device. You must give these permissions for the Application to function on your device. The Application will not store or publish your pictures anywhere outside of your device without your permission.
Data content of the register
Data we collect automatically includes
- Data about your account including your email address and password
- Data about your device, such as device name and operating system, browser type and language, internet service provider, and mobile carrier at initialization process
- Data we collect with cookies and similar technologies such as caches
Standard sources of data
The main source of data is the user of the Application itself.
Retention period
We retain your data for as long as your account is active or as needed to provide you the service. We may continue storing the data only as long as such processing is required by law or is reasonably necessary for our legal obligations or legitimate interests.
Regular disclosures of data
The Application’s logging system stores user information safely in our private servers. The Application does not include any third-party analytics, third-party advertising or share any kind of data to any third-party. The application does not collect or store any data from the device for any third-party analytics, third-party advertising or share any kind of data to any third-party unless it is required by law. In order to combat fraud and illegal activity, we may process and disclose data with public authorities in response to lawful requests.
Authorized service providers who provide services for us may process personal data for us as a part of their services.
We may also disclose your data based on your consent, or in response to lawful requests to comply with the law or to protect the rights, property or safety of us, our users, or others.
Transfer data outside the EU or EEA
Personal data will not be transferred or disclosed outside the European Union or the European Economic Area.
Principles of register protection
Your privacy is our highest priority, and we will protect it by all means possible. We abide by the Finnish Data Protection Act and the General Data Protection Regulation (GDPR) set by the EU to protect your privacy.
We will only process data that is necessary for using the Application. Pursuant to GDPR, we have carried out internal privacy assessments in order to limit risks. These assessments analyse all possible risks concerning your data and all actions that are necessary to avoid or minimize said risks. In order to help ensure a secure and safe user experience, we are continuously developing and implementing administrative, technical and physical security measures to protect your data from unauthorized access or against loss, misuse or alteration.
Your rights concerning the processing of personal data
We process your personal data based on your consent. You can always withdraw the consent.
Right to rectification and erasure: You have the right to correct your personal data or have the data deleted. In case you want to delete your data, you can click DELETE DATA -button within the Application’s burger menu and all your information will be deleted from our servers permanently. Please note, that if you request us to delete your data, your account and all associated purchases with the Application will also be deleted and cannot be recovered. You can not undo this.
Right to access and data portability: You have the right to receive the data you have provided to us in a machine-readable format and the right to transmit that data to another controller. If you request, we will provide you a copy of your personal data in an electronic format.
Right to restriction of processing: You have the right to request a restriction of processing your personal data on the grounds provided by law.
Right to lodge a complaint with a supervisory authority
You have the right to lodge a complaint with the competent supervisory authority, if the data controller has not complied with the applicable data protection regulation in its operations.
The local supervisory authority is:
The Office of the Data Protection Ombudsman
Lintulahdenkuja 4
00530 Helsinki
029 566 6700
Right to object
On the grounds relating to your particular situation, you have the right to object the processing of your personal data at any time in situations where we process your personal data based on our legitimate interest. You must specify the particular situation based on which you are objecting to the processing.
However, in case the personal data is processed for direct marketing, you always have the right to object the processing without any specific grounds.
Cookies and similar technologies
Like most online services, we use cookies and similar technologies to provide and personalize the service. Cookies and similar technologies allow us to store your activities within the service.
Personal data of Children
Protecting children’s privacy online is very important to us. Persons under the age of 13 must have their parent or guardian’s explicit consent to use the Application and give out personal information. While using the Application, persons under the age of 13 must be supervised by responsible parent or guardian.
If you are a parent or guardian and wish to review personal data collected from your child, or have that information modified or deleted or exercise other rights concerning the processing of personal data of your child, you may contact us as described below. If we become aware that a child has provided us with personal data contrary to the above, we will delete any personal data we have collected, unless we have a legal obligation to keep it.
Remember when using social media proper minimum age must be considered when sharing pictures there. Age limits and use limitations and recommendations must be observed with other methods of sharing and storing as well.
Contact us
If you have questions about data protection, any requests for resolving issues with your personal data or inquiries regarding using your rights we encourage you to primarily contact us through email: maroy@maroy.fi
Alternatively, you may contact:
Maroy Oy
Address: Virkkalantie 82, 10230 Inkoo, Finland
We will respond to all requests within a reasonable timeframe. We will respond to all requests in accordance with applicable laws. To protect your privacy, we may also take additional steps to verify your identity before fulfilling your request, such as by requesting you provide us a purchase receipt or other account information. Once you have verified your identity, you may also designate an authorized agent to exercise your rights on your behalf by providing the agent’s contact information to us, as required by applicable law.
