These Terms and Conditions regulate the download, access and use of the different mobile applications (hereinafter, the "APPS"), which Monkey Taps owns and which are available to users free of charge on Google Play (Android) and Apple Store (IOS) and which can be accessed through the different links available on the website (https://monkeytaps.app/)
1. RESPONSIBLE FOR APPS
Monkey Taps LLC, TIN number L21000232617, (hereinafter Monkey Taps) with registered office at 1000 Brickell Ave Ste 715 33131 - Miami - Florida and email: email@example.com is the owner and responsible for the APPS.
The APPS have been developed with the aim of providing users, in a simple and fast way and with the frequency they choose, with access, through their mobile devices, to motivational phrases, daily affirmations, jokes, vocabulary, curiosities and other information of general interest (hereinafter the "content").
3. COMPATIBLE DEVICES
All applications are available for free on Google Play (Android) and Apple Store (IOS), the user acknowledges and agrees to comply with all applicable terms and conditions regarding obtaining, downloading and updating the APPS that the referred application shops respectively determine.
When starting any of the APPS for the first time, the user will be asked to answer, optionally, some questions related to general data linked to the application he/she has chosen.
Users are also allowed to configure how often and how much they want to receive reminders of their chosen content on their mobile device.
All this information can then be modified at any time and at the user's choice through the corresponding configuration panel available in each of the APPS.
Once the basic questions have been completed, the user has a free version with limited content, which can be used to test the applications to see if they are suitable for what they want. In order to enjoy all the content of the selected application, the user must subscribe to the Premium version through the various payment plans available (monthly, annual or lifetime), which can be paid through the different payment options offered by GOOGLE PLAY STORE or APPLE STORE depending on the application shop that the user has chosen to download the application.
5. METHOD OF USE
When starting the application, the user will access a main screen where he/she will be able to visualise, according to the chosen application, motivational phrases, daily affirmations, jokes, vocabulary, curiosities and other information of general interest. They can share them or select them as favourites.
Also, according to the frequency and quantity chosen by the user, the selected application will send reminders/notifications to the mobile device with the content chosen by the user.
5.1 General settings
The user will also be able to access, through the icon located in the lower left part of the main screen, a menu called "categories" where he/she will be able to specify and delimit the content he/she is most interested in receiving. Likewise, they will be able to view the content they have chosen as favourites, as well as the content they have created themselves.
You can also access through the icon located at the bottom right of the main screen to a section called "backgrounds", where you can customise the font, colours, typography, backgrounds, etc. in which you want the reminders to be visible on your mobile device.
6. INTELLECTUAL AND INDUSTRIAL PROPERTY RIGHTS
The intellectual and industrial property rights over the APPS are owned by Monkey Taps LLC, which has exclusive rights to exploit them in any form and, in particular, the rights of reproduction, distribution, public communication and transformation. The third party holders of intellectual and industrial property rights over photographs, logos, and any other symbols or contents included in the APPS have granted the corresponding authorisations for their reproduction, distribution and making available to the public. The user acknowledges that the reproduction, modification, distribution, commercialisation, decompilation, disassembly, use of reverse engineering techniques or any other means to obtain the source code, transformation or publication of any unauthorised reference test results of any of the elements and utilities integrated within the development constitutes an infringement of the intellectual property rights of Monkey Taps LLC, and consequently undertakes not to carry out any of the aforementioned actions.
6.1 User content
Through the APPS, users can create and share their own motivational phrases, daily affirmations, jokes, vocabulary, curiosities and other information of general interest (hereinafter "user content").
In that sense, users are made aware that they are responsible for the user content they publish on or through the APPS, including its legality, reliability and appropriateness.
By posting user content on or through the APPS, the user represents and warrants that:
(i) the User Content is yours (you own it) and/or you have the right to use it and the right to grant us the rights and licence under these Terms, and
(ii) that the posting of user content on or through the APPS does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person or entity. We reserve the right to terminate the account of any person who infringes copyright.
You retain any and all of your rights in any User Content you submit, post or display on or through our APPS and you are responsible for protecting those rights. We assume no responsibility or liability for any User Content that you or any third party posts on or through the APPS. However, by posting user content through the APPS, users grant Monkey Taps the right and license to use, modify, publicly perform, publicly display, reproduce and distribute such user content on and through the APPS. You further agree that this license includes the right for us to make your User Content available to other users of the APPS, who may also use your User Content subject to these Terms.
In compliance with the provisions of the applicable regulations on personal data protection, we inform you that the personal data that our APPS users may provide us with, either through the use of the APPS, or by sending an email to the address provided for this purpose or by any other means of communication, will be processed by Monkey Taps as Data Controller.
7.1 What is personal data and what data are processed?
Personal data is any information that identifies or allows the identification of a natural person, such as name, surname, image, voice, postal address, e-mail address, telephone number, official identity documents (NIF, DNI, Passport), etc. and/or that is related to a natural person, such as their conditions, current account, tastes, preferences, habits and behaviour, the products or services that they will contract, etc.
All personal data will be processed:
a) Provided by the data subject himself/herself and/or a legitimised person by any means of communication either through:
* APPS, by means of forms and/or e-mails.
* The contracting of the services offered in the APPS.
b) Those obtained by carrying out the activities and/or actions deriving from the above actions.
c) Those obtained through the study and research of the above data.
Monkey Taps will process the data necessary to fulfil the purposes of processing and which will be requested from time to time depending on the specific case and the selected application, such as:
- Name (optional)
- Gender identity (optional)
- Mood (optional)
We also inform you that we automatically collect certain information when you visit, use or browse the APPS. This information does not reveal your specific identity (such as your name or contact information), but may include device and usage information, such as your IP address, browser and device characteristics, operating system, language preferences, referring URL, device name, country, location, information about how and when you use our APPS and other technical information. This information is primarily needed to maintain the security and operation of our APPS, as well as for our internal analysis and reporting.
The information we collect includes:
- Log and usage data. Log and usage data is service-related, diagnostic, usage and performance information that our servers automatically collect when you access or use our APPS and that we record in log files. Depending on how you interact with us, this log data may include your IP address, device information, browser type and settings, and information about your activity on the APPS (such as date/time stamps associated with your usage, pages and files viewed, searches and other actions you take, such as the features you use), information about device events (such as system activity, error reports (sometimes called "crash dumps") and hardware configuration).
- Device data. We collect device data, such as information about your computer, phone, tablet or other device you use to access the APPS. Depending on the device used, this device data may include information such as your IP address (or proxy server), device and APPS identification numbers, location, browser type, Internet service provider and/or mobile operator hardware model, operating system and system configuration information.
- Location data. We collect location data, such as information about the location of your device, which may be accurate or inaccurate. The amount of information we collect depends on the type and configuration of the device you use to access the app. For example, we may use GPS and other technologies to collect geolocation data that tells us your current location (based on your IP address). You may opt out of allowing us to collect this information by denying access to the information or disabling the location settings on your device.
If you use our APPS, we also collect the following information:
- Access to your mobile device. We may request access or permission to certain features of your mobile device, such as the camera, reminders, social media accounts and other features. If you wish to change our access or permissions, you can do so in your device settings.
- Mobile Device Data. We automatically collect device information (such as your mobile device identifier, model and manufacturer), operating system, system version and configuration information, device and APPS identification numbers, browser type and version, hardware model, internet service provider and/or mobile operator, and internet protocol (IP) address (or proxy server).
- Push notifications. We may ask you to send push notifications regarding your account or certain features of the APPS. If you do not wish to receive such communications, you can disable them in your device settings.
This information is needed primarily to maintain the security and operation of our APPS, for troubleshooting and for our internal analysis and reporting.
Monkey Taps will process the personal data of all users only for those processing operations for which there is a valid legal basis and in compliance at all times with the duty to inform the user and other essential obligations in this area.
7.2 Data controller
7.3 Purposes, method, legal basis for processing personal data and storage periods.
Personal data will be processed in accordance with the purposes described below and in accordance with the manner, legal basis and retention period described for each purpose.
Provision of the requested services
Monkey Taps will process the personal data of those users who download and use the APPS and those who request information through the means available for this purpose for the following purposes:
a) To answer and/or provide that activity and/or service, as well as to maintain the professional and/or contractual relationship that, where appropriate, is established.
b) Customer service by any of the means of communication provided for this purpose.
c) Manage the invoicing, collection or claiming of contracted services.
d) Carrying out statistics, studies and research aimed at evaluating the services contracted and responding to users.
e) Maintain the correct provision of the service and/or comply with any obligation or regulation related to the contracting of the contracted service.
Monkey Taps informs that, for the correct development of the described purposes, the category of data that is strictly necessary will be processed and that will be specified in each service contracting.
We will retain your personal data for no longer than is necessary to maintain the purpose of the processing, i.e. for the duration of the contractual relationship for the use of the APPS (including the obligation to retain it for the applicable statute of limitations), and when it is no longer required for that purpose, it will be deleted with appropriate security measures to ensure its anonymisation or complete destruction.
The legal basis for such processing shall be the performance of the services contracted/requested.
Legitimate interest in research, information and improvement of services.
Monkey Taps will process the personal data provided by users, as well as those subsequently generated by the use of the services for the following purposes:
a) To carry out scientific and statistical research work with the study of the preferences, tastes and/or habits of users in order to innovate and improve future services and/or content.
b) Send you information, promotions and/or activities of Monkey Taps related to the services provided. All these communications will be made through the communication channels (email, postal address) provided.
At any time, users who do not wish to continue receiving such communications may unsubscribe by following the process indicated in each communication.
Sending of information and commercial communications.
Likewise, in the event that Monkey Taps wishes to send commercial communications from third parties related to the contracted services, it will inform and obtain the prior consent of the users.
Those users who have given their consent will receive such communications through the communication channels (email or mobile phone) provided. Likewise, in any case, users who do not wish to continue receiving such communications may unsubscribe by following the process indicated for this purpose.
The legitimate basis for the processing shall be the express consent given for it.
To whom do we provide your personal data?
All user information will be treated with absolute confidentiality and maintaining all the necessary security measures to safeguard it. Likewise, Monkey Taps informs you that it will only transfer your personal data to the companies strictly necessary to comply with the contracting of products and/or services, such as banks for the payment of services.
The suppliers that need access to the user's personal data for the provision of the services that Monkey Taps has contracted, or that due to the operation of the electronic services (application, website and e-mails) may have access to certain personal data. With all of them Monkey Taps has signed confidentiality and personal data processing contracts necessary and required by law to protect your privacy.
Likewise, your personal data will be communicated to Public Administrations and other private entities in order to comply with the legal obligations to which Monkey Taps is subject due to its activities.
The services of the APPS are intended for adults. Monkey Taps will not be responsible for the use of the APPS by a minor, being the download and use of the APPS the sole responsibility of the user.
Monkey Taps does not deliberately collect information from minors without the express written authorization of the parents and/or guardians of minors. Likewise, Monkey Taps will use the appropriate technical means to prevent minors from accessing the services offered in the different APPS without the express consent of their parents or guardians.
If Monkey Taps detects that a minor is using any of the APPS and/or services offered by Monkey Taps, it will proceed to cancel the information sent and will communicate it to the competent authority or organism. For this, Monkey Taps requests the cooperation of all users, in the sense that, if any user detects the disclosure and/or use of any of these data, please communicate it through the email provided, in order to proceed accordingly.
7.4 International transfers
Monkey Taps APPS are available in app shops worldwide. Monkey Taps informs that it is domiciled in the State of Florida (United States) and, therefore, subject to its applicable regulations. Any USER who interacts with Monkey Taps KNOWS AND GIVES THEIR UNQUALIFIED CONSENT to transfer the personal data provided to that country, which implies an international transfer of personal data; although, Monkey Taps treats the USERS' data with adequate guarantees and always keeping the security of your data in accordance with the data protection regulations of the country of residence of the USER in force at all times.
Monkey Taps informs that the following international transfers of USER data are carried out:
a) For the storage and e-mail service and navigation metric and analytics services, we use the services of the company GOOGLE INC. in its capacity as Data Processor, located in United States, and, consequently, any USER who provides their data and is outside this country, is AWARE of the risks incurred by such international transfer of data and unequivocally CONSENTS to the transfer of their personal data to that country. More information at https://policies.google.com/privacy.
b) For the navigation metric and analytics services, we use the services of the company MIXPANEL INC. in its capacity as Data Processor, located in United States, and, consequently, any USER who provides their data and is outside this country, is AWARE of the risks incurred by such international transfer of data and unequivocally CONSENTS to the transfer of their personal data to that country. More information at https://mixpanel.com/terms/.
c) For the backend services, we use the services of the company AMAZON WEB SERVICES. in its capacity as Data Processor, located in United States, and, consequently, any USER who provides their data and is outside this country, is AWARE of the risks incurred by such international transfer of data and unequivocally CONSENTS to the transfer of their personal data to that country. More information at https://aws.amazon.com/
d) For the online form building and online surveys and recruitment, we use the services of the company TYPEFORM, S.L. in its capacity as Data Processor, located in Spain (European Union), and, consequently, any USER who provides their data and is outside this country, is AWARE of the risks incurred by such international transfer of data and unequivocally CONSENTS to the transfer of their personal data to that country. More information at https://admin.typeform.com/to/dwk6gt.
e) For the users’ online support, we use the services of the company NOTION LABS, INC. in its capacity as Data Processor, located in United States, and, consequently, any USER who provides their data and is outside this country, is AWARE of the risks incurred by such international transfer of data and unequivocally CONSENTS to the transfer of their personal data to that country. More information at https://www.notion.so/terms.
f) For the users’ online support and cloud-based instant messaging, we use the services of the company SLACK TECHNOLOGIES, LLC (a SALESFORCE company) in its capacity as Data Processor, located in United States, and, consequently, any USER who provides their data and is outside this country, is AWARE of the risks incurred by such international transfer of data and unequivocally CONSENTS to the transfer of their personal data to that country. Mora information at https://slack.com/intl/es-es/trust/privacy/privacy-policy.
g) For the users’ online support, we use the services of the company APPLE STORE, in its capacity as Data Processor, located in United States, and, consequently, any USER who provides their data and is outside this country, is AWARE of the risks incurred by such international transfer of data and unequivocally CONSENTS to the transfer of their personal data to that country. Mora information at https://developer.apple.com/terms/
h) For employee performance and satisfaction surveys, we use the services of the company CULTURES AMP INC in its capacity as Data Processor, located in United States, and, consequently, any USER who provides their data and is outside this country, is AWARE of the risks incurred by such international transfer of data and unequivocally CONSENTS to the transfer of their personal data to that country. Mora information at https://www.cultureamp.com/terms
i) For the human resources, booking and absence/holiday management we use the services of the company PAYFIT LTD. in its capacity as Data Processor, located in U.K., and, consequently, any USER who provides their data and is outside this country, is AWARE of the risks incurred by such international transfer of data and unequivocally CONSENTS to the transfer of their personal data to that country. Mora information at
7.5 Exercise of rights
Monkey Taps informs personal data subjects that they have the following rights:
a) Access: allows the data subject to obtain information on whether or not Monkey Taps is processing personal data concerning him/her and, if so, the right to obtain information on the personal data undergoing processing.
b) Rectification: allows for the correction of errors and modification of data that prove to be inaccurate or incomplete.
c) Deletion: allows personal data to be deleted and no longer processed by Monkey Taps, unless there is a legal obligation to keep it and/or other legitimate reasons for its processing by Monkey Taps do not prevail.
d) Limitation: allows the owner of the personal data subject to processing to request Monkey Taps to apply measures on such data, to limit the processing of the data while the accuracy of the data or the legitimacy of its processing is being verified; or to prevent its modification or, where appropriate, its erasure or deletion, in order to preserve it as evidence or as a basis for claims.
e) Opposition: in certain circumstances and for reasons relating to their particular situation, data subjects may object to the processing of their data. Monkey Taps will cease to process the data, except for overriding legitimate reasons, or the exercise or defence of possible claims.
f) Portability: allows the data subject to receive his or her personal data and/or have them transmitted directly to another controller in a structured, commonly used and machine-readable format.
The holder of the personal rights can exercise their rights of access, rectification, suppression, limitation of processing, opposition, portability of their personal data or revoke their consent, by means of a written communication, providing a photocopy of their ID card or official identification document addressed to Monkey Taps at the following email address: firstname.lastname@example.org.
7.6 Data Protection Officer and complaint to a supervisory authority:
If you have any information or questions, please do not hesitate to contact Monkey Taps at email@example.com.
Likewise, any incident that the user may have regarding data protection may contact the Data Protection Delegate of Monkey Taps by e-mail at firstname.lastname@example.org.
And to remind them that, in the event of any incident and/or complaint, they can turn to the data protection supervisory authority in the USER's country of residence.
Monkey Taps undertakes to adopt the technical and organisational security measures established by regulation to guarantee the security of the user's personal data and prevent its alteration, loss, unauthorised processing or access, considering the state of technology, the nature of the data stored and the risks to which they are exposed, all in accordance with the provisions of the applicable regulations.
All transfers of information that APPS carries out with its own or third-party cloud servers are carried out in an encrypted and secure manner through a secure hypertext transfer protocol (HTTPS), which also guarantees that the information cannot be intercepted.
7.8 Transfer of data of third parties to Monkey Taps
In case of providing Monkey Taps with personal data of third parties necessary for the provision of services, the user declares that he/she has previously obtained their express consent to transfer them to Monkey Taps.
Monkey Taps will at all times try to provide the services with the highest possible quality. Notwithstanding the foregoing, Monkey Taps disclaims any liability and/or assumption of damages arising from failures, interruptions or damages caused by system failures, malware viruses, interference or disconnections or malfunctioning of the service.
In the same way Monkey Taps declines any responsibility and/or assumption of damages, of any kind of nature, derived from the illegitimate action of third parties by any means or by the use of the APPS in an improper or inadequate way by the users, and, in any case, Monkey Taps will not assume any responsibility caused by the action or negligence external to itself and that can affect or not, in a direct or indirect way, to servers and other computer equipment of the user or third parties.
Monkey Taps cannot guarantee the absence of viruses or other harmful elements that may affect the user's equipment; therefore, the user must adopt the necessary measures to avoid possible risks of this type, considering the current state of telecommunications.
Monkey Taps is not responsible for interruptions of the APPS due to force majeure, lack of updating or circumstances beyond its control.
Monkey Taps may also interrupt access temporarily, for security measures or for reasons of restructuring of IT resources, in order to improve the service for the use of the various APPS.
Responsibility for use of the APPS rests solely with the user. Except as provided in these Terms and Conditions, Monkey Taps is not responsible for any loss or damage that occurs in connection with the download or use of the APPS, such as those produced as a result of failures, breakdowns or blockages in the operation of the APPS (for example, and without limitation: error in communications lines, defects in the hardware or software of the APPS or failures in the Internet network). Likewise, Monkey Taps will not be responsible for damages caused as a result of improper or inadequate use of the APPS by users.
9. NULLITY AND INEFFECTIVENESS OF THE CLAUSES
10. APPLICABLE LAW AND JURISDICTION
For any question or disagreement that may arise regarding the APPS, contents and services contracted and/or with the services provided by Monkey Taps, said conflict will be governed by the applicable regulations and/or jurisdiction that corresponds, depending on the condition of the USER: In the case of professional USERS and/or entities, both parties submit to the laws and jurisdiction of the State of Florida (United States).
In the case of individual USERS, they will have to resolve their disputes in accordance with the applicable law and jurisdiction of the particular USER's country.
Specifically, in the case of USERS resident in the European Union, and in the case of a legal dispute in consumer matters, in accordance with Art. 14.1 of Regulation (EU) 524/2013, the European Commission provides an online dispute resolution platform which is available at the following link: http://ec.europa.eu/consumers/odr/.
For any communication regarding the APPS, incidents or queries, please contact us at email@example.com.
Personal data will be processed by Monkey Taps.