Terms of use

I. Definitions of terms used in the regulations.

1. Terms of Use – this set of regulations specifying the principles of how SMARTkiss application operates.

2. Administrator – Unicata Sp. z o.o., ul. Koszykowa 60/62/43, 00-673 Warsaw, Poland, registration number (KRS): 0000580784, tax number (NIP): 7010514000, statistical number (REGON): 362784165.

3. Application – SMARTkiss application which is distributed by the Administrator and which includes the Services.

4. Services – the services provided electronically by the Administrator within the Application in line with the Terms of Use.

5. Registration – a one-off action of an individual who opens an account in the Application.

6. Mobile Device – an electronic device for processing, receiving and sending data without the need for a fixed cable network connection.

7. User – any individual who uses the Application, i.e. has the Application installed on his/her Mobile Device and successfully completes the Registration process.

8. Push Notifications – a short message sent from servers to the Mobile Device.

9. Contents – images, text and location data which are provided by the Users as part of the Services.

II. General information.

1. These Terms of Use, including appendix “Privacy Policy and Cookies” which is an integral part of the Terms of Use, specify the rules and principles for the Users to use the Services which are made available via SMARTkiss application.

2. Every individual who wants to become the User of the Application must read these Terms of Use before Registering in the Application.

3. When using the Application the User will follow these Terms of Use, especially in respecting the personal rights of third parties, and use the Application in compliance with legal regulations and social norms.

4. By Registering in the Service the User accepts all Terms of Use.

5. The Application can be installed on the Mobile Device equipped with the Android operating system, version: at least 4.1 Jelly Bean or iOS 10.0 or later.

6. Before downloading the Application the User will make sure that his/her Mobile Device features enough free space to accommodate the Application. If there is too little space, the Application will not be downloaded.

7. The Service agreement for services which involve providing the User with access to the Contents of the Application, is concluded at the time of the individual installing the Application on the Mobile Device and completing the Registration process. The agreement becomes terminated at the time the User uninstalls the Application or otherwise deletes his/her account registered in the Application.

8. The User will not interfere with the operation of the Administrator’s computer systems, attempt to by-pass regulations or procedures applicable to use of the Services, or otherwise tamper with the structure or contents of the Application.

III. Application use.

1. SMARTkiss Application is a tool intended for arranging meetings between the Application Users in the real world.

2. The Application can be used on-line only and thus the User must have Internet connection to use the Application. Costs of connecting with the Internet are borne by the User, according to agreements with his/her telecom operator.

3. The proper operation of the Application requires also that the location service is enabled in the User’s Mobile Device.

4. A registration form screen is displayed at the first launch of the Application – the form fields must be filled in after reading these Terms of Use. The User will complete the registration form with own name, sex and date of birth (User’s age only). Such data cannot be edited afterwards as they identify a given User account in the Application.

5. The Application contains an Edit Profile tab where the User can add a photo, description and select hobbies and interests. Except for the photo, the User provides such information voluntarily – neither its lack nor disclosure will affect the operation of the Application in any way. However, it is recommended to provide the information in order for the profile to appear more interesting to other Users of the Application.

6. It is forbidden to publish photos of public persons or third parties without their consent. In addition, the User must not submit photos or descriptions which are sexual, racist, encouraging abuse or violate the social principles of coexistence, social norms, or which are otherwise against the prevailing standards and laws in the broad sense.

7. Furthermore, the profile description must not contain any contact data, such as telephone numbers, e-mail addresses, instant messaging or social media profile details, etc., because the aim of the Application is to have its Users contact each other in the real world only by finding each other on a map and through chat which is embedded in the Application.

8. Violation of Clauses 6 or 7 hereof will entitle the Administrator to suspend the User account in the Application immediately, with a Push Notification sent to the User. Unless the User follows the requirements described in the Push Notification, the Administrator will have the right to freeze the User’s account or delete it permanently.

9. The User is responsible for the photo and the description submitted to his/her profile.

10. When Registering an account in the Application the User declares that his/her personal data is correct and agrees for the Administrator to collect and process the User’s personal data as necessary to use the Application as well as for the purposes of promoting products and offers of the Administrator and third-party partners of the Administrator and for the purposes of marketing analyses related to the Users’ use of the Application.

11. Detailed information about the personal data and related matters can be found in “Privacy Policy and Cookies”, which is an integral appendix hereto. Before opening an account in the Application the User must read that appendix as well.

12. In the User’s device and with his/her prior permission, the Application will have access to:

- precise GPS location of the Mobile Device as needed to identify his/her location for the purposes of other Users, according to the features of the Application;

- configuration of Google services;

- user’s photo gallery or camera device – to publish User’s photos in the Application;

- push notification sending process.

(detailed list appears after installing the Application on the Mobile Device screen)

13. The User can receive Push Notifications containing information about the status of his/her invitations to/from other Users (invitation received, invitation rejected, maximum period expired for an invitation sent/received or still active) as well as information about invitations incoming from other Users.

14. In the Application settings tab, the User can switch on/off Push Notifications about the invitation status and incoming messages (one or both).

15. Also, the User can receive Push Notifications containing information about violations committed by the User and suspension of his/her account in the case of violation of Terms of Use.

16. The Administrator provides all Application Services free of charge.

17. When the User’s profile lacks an active Premium Account. The Premium Account includes sharing of nearby User locations (Application map is available on the Mobile Device), viewing of other User profiles, invitations from other Users and the other features of the Application, such as messages to other contacts, sharing own location with them, account editing, settings configuration, etc. When the Premium Account is not active the User cannot send invitations to other Users.

18. To send invitations to other Users the Premium Account must be active. The User with the active Premium Account can use all Services of the inactive account plus the feature to send invitations.

19. Premium Account can be obtained by recommending the Application via the Recommend this app tab. The message contains a code which the contact will need to provide after installing the Application on his/her Mobile Device. Every successful recommendation of the Application will switch on Premium Account for 30 days for both the User recommending it and the contact whom the Application has been recommended to. Currently the Application can be recommended many times without limitations so that the User can get Premium Account for any period.

20. Detailed information about how to use the SMARTkiss Application can be found in the FAQ section at: http://smartkiss.me/faq-en.html

IV. Liability and Limitations.

1. The Administrator will make all efforts to ensure that the Application is free of any errors and Contents can be viewed without any interruptions, however it cannot warrant fully reliable operation of the Application or its respective features.

2. The Administrator guarantees that it will make all efforts to properly protect the information provided to it by the Users, according to the regulations of the Polish Act on the protection of personal data.

3. The Administrator guarantees that it will not disclose (otherwise than as is integral to the functional operation of the Application) the User data to any third parties, unless there are legal grounds obliging the Administrator to do so. However, the technical entity handling the Application has the relevant consent from the Administrator to view the User data.

4. The Administrator reserves a right to:

- suspend or discontinue Contents for the User entirely or partially. The User will be notified via Push Notification about each and every case;

- immediately discontinue the Services for the User who has violated these Terms of Use;

- temporarily interrupt the operation of the Application because of maintenance of IT systems, after notifying the Users appropriately in advance;

- anonymously publish information which the Users provide to the Administrator concerning the operation of the Application, recommendations/advice and other matters as the Administrator may deem worthy of being published.

5. The Administrator is not liable for:

- incorrect operation of telecom systems which are independent of the Administrator but necessary for the proper operation of the Application, or the condition of the User’s Mobile Device where the Application is installed as they can affect the operation of the Application;

- continuous access to the Contents or quality-related parameters of such access. The access quality parameters depend on bandwidth of the Internet connection between the Administrator and the User as well as numerous other factors independent of the Administrator;

- data which becomes lost independently of the Administrator and without its fault, and which was stored in the Administrator’s computer systems, caused by failure of equipment or actions of third parties;

- loss of User accounts resulting from disclosure of code, which has been assigned to a given User account, to a third party, or otherwise resulting independently of the Administrator;

- copying and use of User photos from the Application by third parties in other Internet sites, as this option cannot be disabled.

6. The Administrator is not liable for:

- authenticity of the Contents which the Application Users provide to other Users, as the Administrator cannot verify such Contents against the facts;

- events and situations which take or took place in the real world between the Users who became acquainted with each other via SMARTkiss Application, whatever the causes of such event or situation;

- lost profits of the User or third parties because of using SMARTkiss Application.

V. Complaints.

1. The Administrator provides technical support for the Users related to operation of the Application and ability to submit complaints via e-mail to: complaints@smartkiss.me

2. Every complaint will include:

- the name and the age of the User as stated during Registration;

- SK number of the account opened in the Application;

- name and model of the Mobile Device where the issue is present, including operating system version, for example “Android 4.4.2”;

- date and the time of the issue;

- a detailed description of the issue.

3. After submitting a complaint properly it will be processed within 30 business days of the Administrator receiving such information.

4. The Administrator will rectify the issue reported by the User to the extent possible or notify the User about rejection of his/her complaint.

VI. Copyrights and Related Rights.

1. The Administrator represents that it holds the copyrights to the Application related to its use and disposal on all fields of use as well as the rights to the Contents provided in the Application. The Administrator reserves the right to the programming code.

2. At the time of downloading the Application the Administrator gives the User the license to use the Application in line with its intended use and these Terms of Use.

3. The Contents contained in the Application will be disclosed to other Users with the help of the tools incorporated in the Application and for the purpose of the providing the SMARTkiss Services.

4. The Administrator does not allow:

- licensing or sale of SMARTkiss Application;

- use of the Application for other purposes than non-commercial use;

- access to the Application source code (with the exception of the technical entity handling the Application);

- modifications of the Application intended to generate similar products on the basis of the Application or concealing the Administrator’s trademarks.

VII. Final provisions.

1. Any matters not provided for herein are subject to the regulations of the Polish Civil Code and the Act on electronic service provision.

2. Any and all disputes related to the use of the Application will be settled by the common court competent for the registered seat of the Administrator.

3. Contents of these Terms of Use are subject to change. All changes of these terms of use will be notified to the Users via Push Notifications. If the User does not accept a given change, the User will terminate the agreement by uninstalling the Application from his/her Mobile Device or deleting his/her account from the Application.

4. These Terms of Use are available on-line at http://smartkiss.me/terms-en.html and in the Application after clicking “Terms of Use” link found at the registration screen of the Application and in Settings.

5. These Terms of Use become effective on the day of making SMARTkiss Application available to the public.

Privacy Policy and Cookies

I. General information.

1. The operator (Administrator) of the site: www.smartkiss.me and the application: SMARTkiss (Android/iOS) is Unicata Sp. z o.o., ul. Koszykowa 60/62/43, 00-673 Warsaw, Poland, registration number (KRS): 0000580784, tax number (NIP): 7010514000, statistical number (REGON): 362784165.

2. The Administrator guarantees the Users that their privacy will be fully respected and their personal data protected.

3. Every User who provides his/her personal data to SMARTkiss has unrestricted right to access his/her data in order to review, modify or request the deletion of such data.

4. Smartkiss.me site and the application implement the data collection and storage features as follows:

     4.1 Data can be provided via voluntary forms.

     4.2 Data can be provided via cookies saved on end devices.

     4.3 Data can be collected by the www server of the hosting operator.

     4.4 During use of SMARTkiss by the User, server logs can be collected which contain such information as IP address, device type, operating system type or application failure details.

     4.5 Data can be collected as required for the proper operation of the services featured in the application.

     4.6 Such data can be used by SMARTkiss also for statistical research and marketing analyses related to the use of the application and services by their Users.

     4.7 Such data can be disclosed to authorized bodies during legal proceedings, anti-fraud measures and to secure proper operation of the services.

II. Personal data.

1. The Administrator collects the personal data in order to:

     1.1 Enable the use of SMARTkiss services to the Users.

     1.2 Directly market products or offers of Unicata Sp. z o.o. or its third-party partners.

     1.3 At the first launch of the application the User provides the basic data: name, sex and date of birth expressed as the general age of the User.

     1.4 Other data can be provided inside the application when editing the profile. The profile data is provided voluntarily except for the photo and neither its lack nor disclosure will affect operation of the Application in any way. The profile data must be:

          1.4.1 Correct information which does not mislead users.

          1.4.2 Profile photos which depict the User in such way that does not mislead as to his/her appearance or identity. It is forbidden to publish photos of public persons, sexual or otherwise violating the social principles of co-existence.

          1.4.3 The User is responsible for the information and photos found in his/her description.

          1.4.4 The User makes his/her location available to others as a condition for the proper operation of the application and to enable other uses to meet with him/her. The geo-location data is not saved – it enables the user to find other SMARTkiss users around. The precise location of a user can be viewed by other users in the application. The user can switch off the geo-location service at any time, however it will allow only for partial functionality of the application.

          1.4.5 Users can exchange text messages between each other. The messages are not visible to anybody else.

          1.4.6 No data provided by the user is visible to other unregistered persons outside the application.

          1.4.7 SMARTkiss stores the personal data of the user, as long as the user uses the application, in order to ensure the proper operation of the application. Certain data can be stored for one year after deleting the user’s account, such as the user name which was used to identify the given account.

          1.4.8 SMARTkiss will make all efforts and invest its available resources in order to warrant that the data is stored as securely as possible. However, the user is responsible for taking appropriate measures in order to protect his/her data and properly secure his/her password – the code assigned to a given account in order to prevent third parties from using the application.

          1.4.9 The scope of the required data will be stated in the application Terms of Use and before the initiation of a given electronic service.

          1.4.10 Any questions, requests and suggestions concerning the protection of user privacy, especially personal data, should be submitted to privacypolicy@smartkiss.me

III. Cookies.

1. The site uses cookie files.

2. Cookies are computer files, specifically text files, which are saved to the end user device. Cookies are intended to help in the use of the pages of the site. Cookies usually contain the name of the website which generated them, the time when a cookie will expire in the end user device, and a unique cookie number.

3. Cookies saved to in the end user device and accessed there by the site administrator.

4. The cookies are used to:

     a. create statistics which help understand the user behaviour in the Internet as well as enhance the site structure and content;

     b. keep the user session active – once logged in, the User can navigate the site without logging in at every page separately;

     c. determine the user profile in order to provide customized promotional contents to the user, especially in the Google network.

5. There are two primary types of cookies used on the site: session cookies are temporary files which are stored in the end user device until the user logs out, leaves the website or closes the application (Internet browser). Persistent cookies are stored in the end user device for a certain time which is defined in the cookie file itself or until the user deletes it.

6. In many cases, the browser application is set by default to accept cookies in the end user device. Site users can edit the related settings. Cookies can be deleted in the browser. Also, cookies can be blocked by default. More information can be found in the help file or the specifications of the Internet browser.

7. Restricted use of cookies can affect certain functions which the site and its pages provide.

8. The cookies placed in the end user device can be used by advertising providers and partners of the site administrator.

9. We recommend reading the privacy policy of such entities in order to find out about their rules of using cookies for statistics: "Google Analytics Privacy Policy".

10.. Cookies can be used by advertising networks, especially Google network, to provide ads customized to the user’s behaviour in the site. To that end information can be stored concerning the user’s navigation through or duration of his/her visit at a given page.

11. Cookie-related information about personal preferences, which is collected by Google network, can be viewed and edited by the user with the help of this tool: https://www.google.com/ads/preferences/

IV. Server Logs.

1. Information about certain user behaviour are subject to logging at the server level. Such data is used only for site administration and to ensure the most effective processing of the hosting services.

2. Sources are identified by their URL addresses. The following data can be also stored:

     2.1 time of request;

     2.2 time of response;

     2.3 name of client station – HTTP identification;

     2.4 information about errors during HTTP transactions;

     2.5 URL of previously visited page (referer link) – if user was referred to from another site;

     2.6 information about user’s browser;

     2.7 IP details.

3. Such data is not linked to any specific visitors.

4. The data is used only for the purposes of server administration.

V. Data Disclosure.

1. The data can be disclosed to third parties only to the extent permitted by law.

2. Data identifying an individual can be disclosed only with consent of such individual.

3. The administrator can be required to disclose information collected by the site to authorized bodies based on their lawful requests, however only to the extent of such request.

VI. Cookie management – how to allow or disallow cookies?

1. The user can change browser settings in order to receive no cookies. However, switching off the cookies, which are necessary for authentication, security and user preference recording, can hinder and sometimes even prevent the use of webpages.

2. To manage the cookie settings select your Internet browser and follow the instructions: