GENERAL TERMS AND CONDITIONS

§1 Scope of application

(1) These terms and conditions govern the use of the Kira application (app). They apply regardless of whether the app is used free of charge or for a fee.

(2) Only the following terms and conditions apply between Kira UG (haftungsbeschraenkt) (hereinafter “Provider”) and the user (hereinafter “User”) as amended at the time of use.

§2 Definition of terms

(1) The term “Kira App” refers to the program entitled “Kira” sold under the name “Kira”. This program can be installed and operated on devices such as mobile telephones, tablet PCs and other mobile devices.

(2) The terms “Consumer” and “Entrepreneur” correspond to the legal definitions in Sections 13, 14 German Civil Code (BGB). The User is thus the “Consumer” insofar as the use or purchase of the Kira App cannot be assigned primarily to the User’s commercial or self-employed professional activity. In contrast, “Entrepreneur” refers to any natural or legal person or partnership with legal capacity that acts in exercise of its trade, business or profession when using the Kira App or entering into the contract.

(3) “Market place” refers to the shops (stores) of Market place operators such as Google (“Google Play”) or Apple (“App Store”) where the User can select and download the Kira App to be installed on the User’s device.

§3 Available types of use

The Kira App can be operated free of charge or for a fee. The app is always free of charge when installed – e.g. via the Google or Apple Market places. Use for a fee always requires special, express consent by the User in the app (“in-app-purchase”, see below § 4).

§4 Use of the Kira App, in-app purchases

(1) The User can select and install the Kira App in the respective Market place. By installing the app, the User accepts these General Terms and Conditions.

(2) A user account is not required to use the Kira App.

(3) If the User would like to use the wide range of features offered by the pay version of the Kira App, the User can upgrade through the so-called “in-app purchase”. The upgrade mechanism may differ depending on the Market place platform; please refer to the respective Market place operator’s terms and conditions to determine the course of action required. The purchase contract is subject to the conditions of the respective Market place. Those conditions also determine whether the purchase contract is concluded between the User and the Market place or between the User and Kira UG (haftungsbeschraenkt).

(4) In-app purchases are billed by the respective Market place. The payment terms stipulated by the respective Market place operator apply.

§5 Warranty for defects of quality, guarantee

Provided that the purchase contract between the Provider and the User is effected, the Provider is liable for defects in the app in line with the applicable statutory provisions, particularly pursuant to the general provisions of Sections 434 et. seqq. German Civil Code (BGB). The warranty period for the app made available to Entrepreneurs by the Provider is twelve months.

§6 Liability

(1) User claims to compensation for damages are excluded. This does not include a user’s claims to compensation of damages for injury to life or limb, health or damages caused by breach of material contractual obligations or liability for other damage caused by a deliberate or grossly negligent breach of duty by the Provider, its legal representatives or vicarious agents. Material contractual obligations are those obligations that are required to achieve the objective of the contract.

(2) If material contractual obligations are violated, the Provider is only liable for the typical foreseeable damage if such damage was caused by ordinary negligence, unless the User’s claim for compensation of damages is based on an injury to life, limb or health.

(3) The limitations of sub-sections (1) and (2) shall also apply in favour of the Provider’s legal representatives or vicarious agents if claims are asserted directly against such persons.

§7 Instructions on right of withdrawal

(1) If the contract is entered into with the Provider (and not the Market place operator), the User has a statutory right of withdrawal against the Provider, as explained in detail under (2). Exceptions to the right of withdrawal are stated under (3). The sample withdrawal form is available under (4).

(2) Instructions on right of withdrawal

Right of withdrawal
You have the right to withdraw from this contract within 14 days without reason. The period for the right of withdrawal amounts to fourteen days from the day the contract was concluded. In order to exercise your right of withdrawal, you must inform us (Kira UG (haftungsbeschraenkt) [address, e-mail, telephone, fax]) in a clear statement of your decision to withdraw from this contract (e.g. by sending a letter by post, fax or email). You may use the enclosed sample withdrawal form, but this is not mandatory. The withdrawal deadline is deemed met if the letter stating your decision to use your right of withdrawal is dispatched before the withdrawal deadline expires.

Consequences of the notice of withdrawal
If you withdraw from this contract, we must return any and all payments that we have received from you without undue delay and at the latest within fourteen days from the day on which we received your letter stating your withdrawal. We use the same means of payment for this repayment as you used for the original transaction, unless we have explicitly agreed something else; under no circumstances will we charge you a fee for this repayment.

(3) The right to withdraw from any purchase made via the Kira App ends when the Provider has begun to perform the contract, i.e. has begun providing the payable functionalities of the Kira App after the User has expressly consented to the Provider beginning to perform the contract before the period for the right of withdrawal has expired, and the User has confirmed that it is aware that it loses its right to withdraw upon performance.

(4) Sample withdrawal form

(If you wish to withdraw from the contract, please fill in this form and send it back to us).

— To: Kira UG (haftungsbeschraenkt), Im Dorfe 18, 99438 Bad Berka, Germany
— I/we withdraw (*) from the contract I/we (*) entered into concerning the purchase of the following goods (*)/the performance of the following service (*)
— ordered on (*)/received on (*)
— Consumer’s name
— Consumer’s address
— Consumer’s signature (only if notification is made in writing)
— date
(*) delete as applicable

§8 Final provisions

(1) Contracts entered into between the User and the Provider are subject to the laws of the Federal Republic of Germany, excluding the UN Convention on Contracts for the International Sale of Goods (CISG). Statutory provisions limiting the choice of law and the application of mandatory provisions, especially of the state where the User as the Consumer has its habitual abode, remain unaffected.

(2) If the User is an Entrepreneur, a legal person under public law or a special fund under public law, the place of jurisdiction for all disputes under the contractual relationships between the User and the Provider shall be the registered office of the Provider.

(3) If individual items are legally invalid, the remainder of the contract shall remain valid. Whenever such provisions exist, the statutory provisions shall replace the invalid provisions. If this would constitute undue hardship for one of the contracting parties, the entire contract shall be deemed invalid.


DATA PRIVACY POLICY

Kira is a digital coloring book (hereinafter: App, Product) for Android and iOs and is operated by Kira UG (haftungsbeschraenkt) (hereinafter: Kira, Provider) with registered office in Bad Berka, Germany.

The following data protection provisions apply to all the App’s users. By installing the app, you agree with the following data protection provisions.

1) Controller

The body responsible for collecting, processing and using the personal data concerning you (Controller) in terms of the General Data Protection Regulation, GDPR, is

Kira UG (haftungsbeschraenkt)
Im Dorfe 18
99438 Bad Berka
Germany

Data Protection Officer:

lexTM Rechtsanwälte
Dr. Schmitt-Gaedke + Partner
Friedensstrasse 11 (Junior-Haus)
60311 Frankfurt/Main
Germany

Please contact the Controller or our Data Protection Officer if you have questions with respect to the personal data concerning you, this Data Protection Policy or how to exercise your rights as a data subject.

2) Encryption

All the incoming and outgoing data traffic when communicating with the Apps or with third parties is encrypted via TLS. The code “https://” in the address bar and the lock icon show you that the connection for using our website is encrypted.

TLS encryption means that third parties cannot read the data transmitted.

3) Collection, processing and use of personal data

3.1) Personal data

“Personal data” in terms of the GDPR means any information relating to an identified or identifiable natural person; an identifiable natural person is one who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person.

The Provider only processes the personal data concerning you in accordance with the provisions of applicable data protection law as amended. The following provisions inform you about the nature, scope and purposes of collecting, processing and using personal data. This Data Privacy Policy applies only to the aforementioned Product. If a link leads to you another website, please check the information there for the respective treatment of the personal data concerning you.

3.2) Data collection when using our website

When you visit our www.Kira.com website, the web server automatically creates log files that cannot be associated with a certain person; this processing is based on our legitimate interests pursuant to point (f) of Art. 6 (1) GDPR.  Such data may include, for instance, browser type and version, operating system used, referrer URL, IP address of the requesting computer, date and time of access of the server request and the client’s file request (name of file and URL). These data are only collected for statistical purposes and for safety reasons (e.g. in order to investigate misuse and fraudulent acts), stored for a period of seven days and erased thereafter. Data that needs to be stored as evidence for a longer period is excluded from erasure until the respective incident has been clarified.

Cookies

In order to make the web pages more user-friendly and effective, Kira and third parties commissioned by Kira store so-called cookies on the customers’ hard disk. The legal basis for this type of use is point (f) of Art. 6 (1) GDPR.

Cookies are small text files that serve, among other purposes, to record information on how a website is used. These cookies cannot execute programs, nor can they infect your computer with viruses. They do not contain any personal data, cannot be attributed to a certain person and are automatically erased at the latest after one year, unless otherwise stated. Such data is not combined with data from other sources.

The website can also be used without cookies. In your browser settings, you can deactivate or limit the use of cookies or prompt your browser to warn you before a cookie is sent. You can also delete cookies from the computer’s hard disk at any time.

3.3) Personal data when using the Kira App

3.3.1) Data automatically recorded by Kira

The following data is recorded once when the user installs Kira:

  • Date of downloading the app
  • Operating system of the device used (Android/iOS)
  • Country and language (using the locale: The locale is a set of parameters that contains the user’s regional settings, including in particular the language of the user interface, the country and settings regarding the character classification, keyboard layout, number, currency, date and time formats.

We record these data for the purpose of improving and personalizing our services on the basis of our legitimate interest pursuant to point (f) of Art. 6 (1) GDPR.

3.3.2) Data recorded during the use of the App

When the App is used, Kira further records

  • the current IP address,
  • the version of the App in use,
  • the current time zone.

We record these data for the purpose of improving and personalizing our services on the basis of our legitimate interest pursuant to point (f) of Art. 6 (1) GDPR.

3.3.3) Contractual relationship

If a contractual relationship is to be established, designed or amended between the user and Kira, Kira stores the user’s personal data on the basis of point (b) of Art. 6 (1) GDPR to the extent that this is needed for the performance of the contract.  By means of In-app purchasing, the user has the option to subscribe to the Kira Premium version of the App. If you decide to subscribe to the Premium version, the order button will lead you directly to either the Apple AppStore or the Google Play Store depending on which operating system you use.

In this context, we will transmit the starting date and the end date and, if applicable, the termination date of the subscription and the reason for the termination (for instance, withdrawal). The data for processing the payment are collected directly by the app stores.

For the privacy policies of the app stores, please go to:

4) Use by children

Kira is aware of the additional measures that are required to protect the privacy of children. Persons under 16 may not open accounts, unless one parent has agreed in accordance with the applicable law. If we discover that we have recorded personal data of a child below the minimum age without its parent’s consent, we will take measures to immediately erase such data. Parents who believe that their child has made personal data available to us and who wish to have such data erased should please contact us under the details stated in item 1.

5) Use of web analysis, re-marketing and retargeting tools

Based on our legitimate interests in terms of point (f) of Art. 6 (1) GDPR, we use various tools or plugins to conduct web analysis, re-marketing, and retargeting in order to optimize our online offering and to be able to compile more relevant offers for you.

These services use cookies, forward the IP address and/or record and analyze various types of data, including the number of website visitors, duration of the visit, average page loading time and origin of the visitors.

Detailed information:

5.1) Google Analytics

We use Google Analytics, a web analysis service offered by Google. Google Analytics uses cookies that help to analyze how visitors use the website. The information generated by the cookie about the way you use the website (including your IP address) will generally be transmitted to and stored by Google on servers in the United States. Kira has activated IP anonymization by adding the code “gat._anonymizeIp();” on the websites, meaning that Google will shorten your IP address within a member state of the EU or another state party to the Agreement on the European Economic Area beforehand (this procedure is called IP masking). Only in exceptional cases will the full IP address be transmitted to a Google server in the US and shortened there. Google will use this information on our behalf for the purpose of evaluating the way you use the website, compiling reports on website activity for Kira and providing other services relating to website activity and internet usage. Google may also transfer this information to third parties where required to do so by law, or where such third parties process the information on Google’s behalf.

Google offers an add-on for web browsers that serves to prevent data collection by Google Analytics and data processing by Google. The add-on can be downloaded and installed at your own risk from https://tools.google.com/dlpage/gaoptout.

More information is available at:
http://www.google.com/intl/de/analytics/privacyoverview.html
(general information on Google Analytics and data protection).

Google is certified under the Privacy Shield Framework, thus guaranteeing that the European data protection law will be complied with:
https://www.privacyshield.gov/participant?id=a2zt000000001L5AAI

5.2) Firebase Analytics

We use Firebase Analytics for the Kira App. Firebase Analytics is a service offered by Google Inc. domiciled in 1600 Amphitheatre Parkway, Mountain View, CA 94043, USA.

The Firebase Analytics service helps to determine the interactions of App users by recording, for instance, the first time the App is opened, de-installations, updates, system crashes and how often the App is used. The service also records and analyses certain user interests. The information processed via Google Firebase may also be used together with other Google services, such as Google Analytics and the Google marketing services. The tool uses identifiers like the Android Advertising ID or the Advertising Identifier for iOS and cookie-like technologies to identify the users’ mobile devices.

For more information on Google’s use of data for marketing purposes, please go to https://www.google.com/policies/technologies/ads. The Google Privacy Policy is available at https://www.google.de/policies/privacy. Users, who wish to object to interest-based marketing by the Google marketing services, can use the settings and opt-out options offered by Google at http://www.google.com/ads/preferences.

Google is certified under the Privacy Shield Framework, thus guaranteeing that the European data protection law will be complied with:
https://www.privacyshield.gov/participant?id=a2zt000000001L5AAI

5.3) Crashlytics

The Kira App further uses the Crashlytics analysis program offered by Fabric, a company belonging to Google Inc. domiciled in 1600 Amphitheatre Parkway, Mountain View, CA 94043, USA. Crashlytics provides us with information on unforeseen system crashes and other malfunctions, thus serving our legitimate interest to constantly improve the App and eliminate faults. When a fault occurs, the analysis program records and transmits information on the device in use, the operating system, the version and functionality of the App, time of the crash and the anonymized IP address of the requesting device. For more information, go to the information provided by Crashlytics at https://try.crashlytics.com/terms/privacy-policy.pdf. The Google Privacy Policy is available at https://www.google.de/policies/privacy.

Google is certified under the Privacy Shield Framework, thus guaranteeing that the European data protection law will be complied with:
https://www.privacyshield.gov/participant?id=a2zt000000001L5AAI

6) Erasure of your data

Kira stores personal data concerning users as long as the App is installed.

7) Your rights

Please do not hesitate to contact us using the contact details in item 1 at any time if your have questions regarding your rights and other topics surrounding personal data.

You have the following rights:

7.1) Right of access

You have the right to request, free of charge at any time, information regarding the personal data concerning you that is stored by Kira, the origin and recipients of such data, the purpose of data processing, the planned duration of data storage and a copy of the personal data that are being processed (Art. 15 GDPR).

7.2) Right to rectification

You further have the right to obtain without undue delay the rectification of inaccurate personal data and to have incomplete personal data completed (Art. 16 GDPR).

7.3) Right to withdraw consent

You have the right to withdraw, without stating reasons, your consent to data processing at any time with effect to future processing (Art. 7 (3) GDPR).

7.4) Right to erasure

You have the right to obtain erasure of personal data concerning you without undue delay if the personal data are no longer necessary in relation to the purposes for which they were collected or otherwise processed or if you withdraw your consent to lawful processing and there are no other legal grounds for the processing. If you object to data processing and there are no overriding legitimate grounds for the processing, your data will also be erased. Finally, your data will be erased if processing is unlawful for any other statutory reasons (Art. 17 GDPR).

7.5) Right to restriction of processing

You have the right to obtain restriction of processing if you contest the accuracy of the personal data for a period of time that enables us to review the accuracy.

Data processing is also restricted if processing is unlawful but you refuse erasure of the personal data concerning you and instead of requesting erasure, you request restriction of processing, or if we no longer need the personal data for the corresponding purposes, but we need them for the establishment, exercise or defence of legal claims, or if you had previously objected against processing but it has not yet been established whether Kira has legitimate grounds to store the personal data that override your interests (Art. 18  GDPR).

7.6) Right to data portability

You have the right to receive the personal data concerning you that you provided to us, in a structured, commonly used and machine-readable format and have the right to transmit those data to another controller where the processing is based on consent and the data is processed by automated means (Art. 20 GDPR).

7.7) Right to object

Finally, you have the right to object at any time to processing of personal data concerning you in the future.

You have the right to object at any time to the compilation of user profiles and to the processing of the corresponding personal data concerning you where processing is based on consent. The personal data concerning you will no longer be processed where no compelling legitimate grounds override your interests, rights and freedoms. Where the personal data concerning you is processed for direct marketing purposes, you naturally have the right to object to such processing at any time (Art.  21 GDPR).

7.8) Right to lodge a complaint

You further have the right to lodge a complaint with a supervisory authority (Art. 77 GDPR).

8) Validity and updates

The Data Privacy Policy is currently valid and was prepared on 25 September 2018. Further developments of our website might make it necessary to amend this Data Privacy Policy. We reserve the right to amend the Data Privacy Policy at any time with future effect.


LEGAL INFORMATION

Help & Feedback
Email: hello@kira.app
Telephone: +49 361 34947866

We make Kira
Kira UG (haftungsbeschraenkt)
Im Dorfe 18
99438 Bad Berka
Germany

Registered in the commercial register
Commercial register at the Local Court of Jena
Commercial register number: HRB 514589

Represented by its managing directors
Florian Weißenstein, Sebastian Weber
The following persons are responsible for the content pursuant to Section 55 (2) RStV (German Broadcasting Interstate Treaty): Florian Weißenstein, Sebastian Weber

Information on dispute settlement
The EU Commission has made available a platform for online dispute resolution: http://ec.europa.eu/consumers/odr. We are, however, neither obliged nor willing to particulate in dispute resolutions proceedings before a consumer tribunal.