General Terms and Conditions for Mobile Application "LOMINY"

These general terms and conditions govern the use of the "LOMINY" mobile application, which is primarily designed and available for the purpose of quickly assessing fashion outfits between the mobile application users, as well as providing fashion advice to mobile application's users by fashion experts, which does not exclude other purposes and activities for mobile application users. LOMINY is a mobile application managed by the company LOMINY Ltd. (hereinafter: "Company"), established and registered in the Republic of Croatia, with headquarters in Zagreb, Zelenjak 40, Croatia, OIB: 69927521145 . By using the LOMINY mobile application, you unconditionally accept the terms of use and all applicable regulations strictly bind you. If you do not agree to the general terms and conditions of the LOMINY mobile application or do not agree with some of its parts, we advise you not to activate the LOMINY mobile application and not to use it.

  1. Definitions of key terms

Company – the company LOMINY Ltd., with headquarters at the address - Zelenjak 40, 10000 Zagreb, Republic of Croatia, as owner and holder of all rights related to the mobile application LOMINY.

User – every person who downloaded the LOMINY mobile application and created a profile within the LOMINY mobile application.

Fashion Expert – a user who has come to a certain level/stage within the mobile app LOMINY and has become a Fashion Expert, or a user whom Lominy invited to collaborate by granting him the status of a Fashion Expert.

Quick fashion rating/Quick Rating – a feature of the LOMINY mobile application that gives the user a quick and easy way to get a rating of their clothing combination by collecting opinions from other Users/LOMINY community members. Depending on the price, 5 or 25 other members of the LOMINY community can participate in the giving of the opinion, who, by choosing from one to five stars, give their assessment of the outfit combination.

Fashion Advice – a feature of LOMINY mobile app that allows the user to easily and quickly get fashion advice from Fashion Experts. Through simple communication, the User exchanges text, photos, and videos with a Fashion Expert. A fashion expert advises a User on all the raised fashion issues and also corroborates his advice with photographs and videos.

Labels – a feature of the LOMINY mobile application that allows the user to associate a fashion brand tag on each of the clothing items that he wears in a photo.

Lominy coin (LMNC) – the virtual currency that is assigned to LOMINY mobile app users as a reward for their activity within the LOMINY mobile app. The user exchanges Lominy coin (LMNC) for services within the LOMINY mobile app (Quick Fashion Rating, Fashion Advice). Also, the User may substitute them for gift vouchers from various LOMINY mobile application partners offering their services. At the same time, the user can, besides collecting Lominy coins (LMNC) with their activities within the LOMINY mobile application as a reward, buy Lominy coins (LMNC). The purchased/collected Lominy coins (LMNC) can be transferred to another user of the LOMINY mobile application. Within the mobile application LOMINY, the User owns their Wallet in which they are always able to see the current state of their Lominy coins (LMNC).

  1. Accessing the LOMINY application and its use

The LOMINY app is accessed voluntarily, by downloading the app from Google Play or Apple Store service providers. By downloading and registering inside the LOMINY application, the User verifies that he is not under the age of 16. All benefits from the LOMINY application are achieved in the same way. By accessing the LOMINY application, users who are voluntarily listed in the LOMINY application form have their personal data and the data on their activities and content collected, processed and conveyed to each other for the benefit of the LOMINY application and marketing communication via the LOMINY application. The user is also aware of the right to withdraw their consent at any time. Revocation of a declaration of consent prohibits further processing of the personal data of the Beneficiary, and they are aware that in case of revocation they cease to be a user of the LOMINY application and can no longer use its capabilities and anticipated benefits. They are well aware that they may at any time oppose the processing of their personal data for marketing purposes, in which case their data will no longer be used for that purpose. The LOMINY application allows the user to receive and give Quick Fashion Rating/Quick Rating of their outfits within the app, to get a Fashion Advice from a Fashion Expert/Specialist, to leave comments and blog comments, and to associate markers/labels on individual clothing items they wear on a picture. With their activity within the application, the User can reach the level/stage of a Fashion Expert. The LOMINY app offers the user the opportunity to collect Lominy coins (LMNC) within the app, and to buy them within the app on Google Play and Apple Store. The LOMINY application does not create any obligation for the User, and in particular, does not commit to the purchase. The Company may at any time, without special notice and without giving reasons, suspend the LOMINY application. LOMINY mobile application can be accessed only once via the same mobile device, and it is not possible to utilise multiple times the Benefits provided by the user within the app (collecting Lominy coins (LMNC) etc.). With their consent, the User acknowledges that he or she is familiar with these General Terms and Conditions of the Mobile Application LOMINY and accepts the same in their entirety.

  1. Revocation

The user can at any time revoke his membership in the LOMINY application by uninstalling the app from their mobile device, thus ceasing all further processing of their personal data and accordingly can no longer use Lominy coins (LMNCs) and other possible benefits of the application. This comes into force at the time of uninstallation of the LOMINY application.

  1. Objectionable Content

We have the right but not the obligation, to remove the Content that we determine, in our sole discretion, to be Objectionable Content as defined below. We also have the right, but not he obligation, to limit or revoke the use privileges of anyone who posts such Offensive Content or engages in otherwise unacceptable behavior on or through the App.

Objectionable Content means any Content(but not exclusively):

  • false, deceptive, misleading, infringing upon any applicable law, impersonating others, fraudulent, libelous, defamatory, abusive, violent, prejudicial, obscene, sexually explicit, politically sensitive or controversial in nature
  • adult content (including pornographic material)
  • excessively profane, racist, ethnically offensive, threatening, infringing, excessively violent, discriminatory, hate-mongering or otherwise objectionable content
  • defame, abuse, or threaten physical harm to others
  • any type of harmful applications or components which intentionally create or exploit any security vulnerabilities in an End User’s device, including without limitation: viruses, spyware, malware, Trojan horses, spam-ware, worms or any other malicious code or conduct
  • advocate or facilitate violence of any kind;
  • related to gambling of any kind
  • any content which is targeted at or designed to appeal to minors
  • infringing third party rights, including Proprietary Rights, including any false association and/or repetition and/or endorsement or sponsorship that is not accurate (e.g., using the “Microsoft Certified” seal, using Windows/Chrome or any other operating system and browser logo when not relevant, mimicking a OS and browser notification, etc.)
  • any other content that would otherwise be considered as a criminal offense or could give rise to a civil liability, or considered questionable or illegal in any fashion according to applicable laws or regulation or that is infringing upon third party right, including proprietary or privacy rights.

How can the App audience report objectionable content?

The new 'Report post/quick rating/ blog or comments and 'Report user' options within your app are accessed by pressing three dots on the particular post, blog, quick rating, comment or user profile the individual would like to report. Reporting will flag content to community admins, to be reviewed based on the reasons provided by the reporting user. An image depicting how app members can report objectionable content. An image depicting how app users can report user.

'Block user' will result in any content being shared by that particular member being hidden to the member who blocked them.

Access options to report content or other app user.

  1. Protection of personal data

The Company is committed to protecting the personal data of the Beneficiary and respects their privacy. This Privacy Policy (hereinafter referred to as: "The Privacy Policy") is intended to provide you with information on how the Company uses the information we collect from you regarding your use of the LOMINY application. This Privacy Policy also explains the terms under which the Company uses and publishes such information.

The protection of personal data of the Beneficiary is of special interest to the Company. All the activities of the Company on the Internet comply with European regulations (EU Directive 95/46 / EC, 2002.58 / EC and International ETS 108, ETS 181, ETS 185, ETS 189) and state laws in force in Central and Eastern Europe. In the Republic of Croatia, we also comply with the Personal Data Protection Act (NN103 / 03). The Company adheres to Privacy Policy in obtaining the information.

Our Privacy Policy:

  • in no case will we abuse your personal data
  • we will not disclose your contact information or personal information to a third party unless otherwise provided by law
  • we will not send you electronic messages or notifications unless you have given the privilege except in the case of electronic transactions
  • Whenever you want, you can just opt out of receiving our electronic messages or notifications
  1. Permissions

The LOMINY mobile application requires the following permissions when installing:

  • Location
  • Photos, media, files
  • Camera
  • Microphone
  • Full internet access
  • Flash management
  • Vibration management
  • Network status display
  • Using and sharing collected data

We can use automatically collected data, store, conserve, share and publish it royalty-free in accordance with applicable laws, in particular, the Privacy Protection Act, as follows:

  • due to court proceedings or other similar court proceedings
  • with our trusted service providers working on our behalf, who may not use the information we provide to them independently and who have consented to adhere to the rules provided by the Privacy Policy
  • in the event that the Company is involved in the merger, acquisition or sale of its entire property or part of it, the personal data collected through the Application may be shared with the customer or other entities involved in the said transactions
  • advertisers and other advertising networks as well as data analysis companies as described under "Automatic data collection and advertising"
  • in any other manner expressly provided for in these Privacy policies or in any revised and/or an amended version of these Rules that the Company may decide to publish from time to time
  1. Automatic data collection and advertising

The LOMINY application uses tracking codes to track the statistical visits inside the LOMINY app.

The LOMINY application uses tracking codes to track the statistical visits inside the LOMINY app to get necessary data about the app performance and also uses third-party services called Google Analytics, the Google Play Store, and the Apple App store.

The LOMINY app also uses cookies to promote the Company's products/services on their website, display networks, and through the use of remarketing in Google Analytics.

The LOMINY application can automatically collect specific information such as the type of mobile device you are using, the unique identification number of your device, the IP address of your mobile device, your mobile operating system, and information on how you use the application.

  1. Withdrawal of consent

There are numerous ways that users of LOMINY application can withdraw their consent to data collection;

You can stop any data collected through the Application by simply uninstalling the LOMINY app. You can use the standard uninstallation processes available on your mobile device or across the mobile application market or on the network.

  1. Data security

The Company takes extensive measures to protect personal information. Your data is protected against loss, destruction, alteration/forgery, manipulation and unauthorised access as well as from unauthorised disclosure.

  1. Changes

The Privacy Policy may be periodically changed or updated for any reason. We will notify you about any changes to our Privacy Policy by posting a new Privacy Policy at https://lominy.app/. We advise you to regularly follow our Privacy Policy to be notified of any possible changes. Your continued use of the Application after the publication of the updated Privacy Policy will be deemed to be your consent to such an up-to-date version.

  1. People under the age of 16

The Society advises all parents and guardians to teach their children how to safely and responsibly use their personal information on the Internet. Persons under the age of 16 are not allowed to register with the LOMINY application with their access data.

LOMINY will never intentionally collect data from people under the age of 16 and use them in any way, or disclose them to a third party without permission unless otherwise provided by law.

LOMINY demands that persons under the age of 16 do not participate in other legal affairs in relation to our products and services without the consent of their parents or legal guardians and LOMINY does not want to receive personal information directly from persons under the age of 16, but sometimes they can not determine the age of persons participating in such activities or providing personal information. If a person under 16 years of age (under the regulations of positive laws) submits personal information without the consent of a parent or legal guardian, we ask that the parents or guardians inform us about this to remove the information.

  1. Right to information

If you have any questions about our privacy policy or how your personal information is processed, please feel free to contact our privacy representative via e-mail at info@lominy.app. At your request, you will receive information as soon as possible - in writing and in compliance with the law, about what your personal information, if any, is collected through the regular use of the LOMINY app.

Changes to the General Terms and Conditions of Business

These general terms and conditions may be changed or updated from time to time for any reason. We will let you know about all of these changes by posting new Privacy Policy at https://lominy.app/. We encourage you to keep up-to-date with our general terms and business policies to be notified of any possible changes. Your continued use of the Application after the publication of the updated General Terms and Conditions of Business will be considered as your consent to such an up-to-date version.

November 2018

 

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