MonkeyMind for MacOS - Legal

Imprint

Information in accordance with section 5 TMG

Benedict Bartsch Merowingerstrasse 21 52070 Aachen Germany

Contact

E-Mail: hello[at]startpunkt.io

Person responsible for content in accordance with 55 Abs. 2 RStV

Benedict Bartsch

Privacy Policy

Our business is based on selling quality software. Therefore, we have no interest in selling your data or using it for sleazy purposes. We believe that the less we know about you, the better, which is why we aim to limit the information we collect to the minimum necessary. Our intention for collecting and using your data is solely to provide you with the services you enrol for and improving these services.
We will never share your data with third parties, as long as it is not required by law, or for the services we offer.

Summary

The purpose of this privacy policy (“Privacy Policy”) is to inform you in detail about:

what personally identifiable information or personal information we collect from you through the software application “MonkeyMind” and how we use such information,
what choices you have regarding the use of, and your ability to review and correct, the information.

For the purposes of this Privacy Policy, the terms “we”, “us” and “our” refer to the business as detailed in the Imprint, which is providing the following services: the app, which refers to the software application “MonkeyMind”. “You” refers to you, as a user of the app, as applicable.

As such, we act as a Controller for the purpose of the General Data Protection Regulation (GDPR) and other data protection laws applicable in member states of the European Union.

Information We Collect and How We Use It

We solely collect information that is necessary to provide you with our services and to improve our product.

Contact and Support

Email and personal information: If you contact us via email, we will have to process your email and additional personal information, should you provide us any. We will not share your email address or use them for marketing purposes unless you have given us your explicit consent.

MonkeyMind App

Diagnostic Data (Optional): To improve the quality of our services and to identify and solve specific problems, we occasionally solicit reports such as diagnostic reports from our customers. This is optional and requires your explicit consent.
Legal basis Art. 6(1)(a+f) GDPR.

Where We Store Your Data

Personal Content: Your personal content that you create within the app, e.g. your created items, are stored locally on your device. It is not saved on our servers nor do we have access to this data.

Customer Support Emails: Customer support emails are stored on Google’s servers, as we currently use the Google product GMAIL for customer support. This data may be temporarily transferred to other devices or services for analytics purposes.

How Long We Store Data For and How We Protect It

We store data as long as German law requires it and is necessary for the fulfilment of our services, or initiation of the contract, or as long as we claim legitimate interest. After that period, corresponding data is routinely deleted or anonymized. Statistical and diagnostic data is generally stored perpetually, but is also pseudonimyzed to the extent possible. We are legally required to store your email for ten years.

All data is stored using standard industry practices and current encryption technologies.

Data Processors

Depending on your usage of our services, especially the use of this website, the app, or means of communication with us (e.g. for purposes like support), your personal data might be processed by the following services:

Apple

Apple provides the Apple App Store, through which the application is distributed and as such processes digital receipts for payments.

Personal Data: Digital purchase receipts
Country of Data Processing: Europe or USA
Privacy policy of processor: apple.com/legal/privacy

Google

We use Google’s GMAIL service for customer support. Should you contact us via email, Google may process personally identifiable information of you, such as name or email address.

Personal Data: Name, email addresses and email content
Country of Data Processing: Europe or USA
Privacy policy of processor: policies.google.com/privacy

Governmental and Taxation Entities and Other Third Parties

We may be required to provide personal data to governmental entities if it is required by law (e.g. tax regulations). We also clarify that contractual obligations may result in provision of personal data (e.g. information on a contractual partner).

By using our app, you consent to our privacy policy.

Those under the age of 16, or below other age limits that require consent of a legal custodian for use of our services depending on local law, may not use the services without the consent or authorization of their parent or legal custodian.

Right of Access: You can request for us to provide you with information on how we collect, use and store your personal information, and to provide you with a copy of your personal information we store, if any. We do not have access to personal content created in the app.

Right of Rectification: You can request that we correct information about you that is inaccurate.

Right to Delete (Right to be Forgotten): You can request that we delete information collected about you, given the following circumstances: that we are not required by law to preserve it, that it is not necessary for contract fulfilment, and that we can still identify your records.

Right to Object: You can object the processing of your information in certain cases, given that the processing is not required by law or necessary for contract fulfilment.

Right to Data Portability: Upon request, we will provide you all data under our control in a machine readable format (e.g. JSON). Should the data requested not be within our control, we will provide you with instructions to obtain your data.

Contacting Us

If you have any further questions, please reach out to us via E-Mail. We will reply as soon as possible.

Contacting You

We may use the contact information you provide us, if any, to communicate with you about our product, diagnostic data, error reports, or provide you with support, should you request any.

Responsible Body For Data Privacy

The responsible body for the processing of personal data (“the Controller”) within the meaning of the law. Art 4 (7) GDPR:

Benedict Bartsch Merowingerstrasse 21 52070 Aachen Germany

Breach Notification

Should the confidentiality of customer data be breached, we recognize it as our responsibility to our customers and the public to disclose the nature of any risk and provide a transparent account of the events without undue delay. Should the nature of the breach require it, we must inform the applicable supervisory authorities as is required by law and regulation.

Updates to Our Privacy Policy

There may be changes to this privacy policy, which we may make at our discretion. If you require knowledge of updates to this privacy policy, you should review this document frequently. We maintain the right to inform you about substantial changes through means of communication available to us (e.g. via email or in places like the App Store update description or within the app).

This privacy policy was originally published on March 25th, 2020. It was updated on January 18th, 2021 to reflect a change of address of the principal data controller.

Terms and Conditions

These Terms and Conditions (“Terms”, “Terms and Conditions”) govern your relationship with MonkeyMind application (the “Service”) operated by the business as detailed in the Imprint (“we”, “us” and “our”). Please read these Terms and Conditions carefully before using our MonkeyMind application (the “Service”). Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms and our Privacy Policy. These Terms apply to all visitors, users and others who access or use the Service.

BY CONTINUING TO USE THE APP, YOU ARE INDICATING YOUR AGREEMENT TO THE TERMS AND ALL REVISIONS THEREOF. If you disagree with any part of the terms then you may not access the Service.

We reserve the right at any time and from time to time to modify or discontinue, temporarily or permanently, the App or any portion thereof with or without notice. You agree that we shall not be liable to you or to any third party for any modification, suspension or discontinuance of the App or any portion thereof.

MonkeyMind Application

MonkeyMind is an application for MacOS, that allows the user to add text items via a quick-entry menu, and to check off these items afterwards. Some parts of the app may require certain system permissions for proper function (e.g. global hotkeys). If you choose to deny any or all of these permissions to the app, certain functions may not operate properly.

Purchase

The app can be purchased from Apple via the Apple App Store on a Mac computer. You will be billed for price displayed (may or may not include sales tax, depending on your region) via the payment method you have configured in your Apple ID.

Refunds

Except when it is required by law, purchased apps are non-refundable and all sales are final. We cannot issue refunds for purchases charged to your Apple ID. Please contact the Apple Inc. customer support team about this issue.

Intellectual property

The Service and its original content, features and functionality are and will remain exclusive property of Us and our licensors. The Service is protected by copyright, trademark, and other laws of both Germany and foreign countries. Our trademarks and trade dress may not be used in connection with any product or service without our prior written consent.

We grant you a personal, non-transferable and non-exclusive right and license to access and use the App; provided that you do not (and do not allow any third party to) copy, modify, create a derivative work from, reverse engineer, reverse assemble, or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the App. You agree not to access the App by any means other than through the interface that is provided by us for use in accessing the App.

Links To Other Web Sites

Our Service may contain links to third-party web sites or services that are not owned or controlled by us. We have no control over, and assume no responsibility for, the content, privacy policies, or practices of any third party web sites or services.
You further acknowledge and agree that we shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such web sites or services.

We strongly advise you to read the terms and conditions and privacy policies of any third-party web sites or services that you visit.

Limitation of Liability

In no event shall we, nor our directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (1) your access to or use of or inability to access or use the Service; (2) any conduct or content of any third party on the Service; (3) any content obtained from the Service; and (4) unauthorized access, use or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.

Disclaimer

Your use of the Service is at your sole risk. The Service is provided on an “AS IS” and “AS AVAILABLE” basis. The Service is provided without warranties of any kind, whether expressed or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance.

We and our subsidiaries, affiliates, and our licensors do not warrant that (1)) the Service will function uninterrupted, secure or available at any particular time or location; (2) any errors or defects will be corrected; (3) the Service is free of viruses or other harmful components; or (4) the results of using the Service will meet your requirements.

Governing Law

These Terms shall be governed and construed in accordance with the laws of Germany, without regard to its conflict of law provisions.

Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have between us regarding the Service.

Online Dispute Resolution for Consumers

For our customers who are consumers, the European Commission provides a platform for extra-judicial online dispute resolution (ODR platform), which can be accessed under https://www.ec.europa.eu/consumers/odr. Our e-mail address can be found in the Imprint. We are neither obliged nor willing to participate in the dispute resolution procedure.

Contact Us

Should you have any questions about these Terms, please contact us.

Changes

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will try to provide at least 30 days notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.

By continuing to access or use our Service after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, please stop using the Service.

The Terms and Conditions were last updated on March 25th, 2020.

Licenses

https://github.com/soffes/HotKey

Permission is hereby granted, free of charge, to any person obtaining a copy of this software and associated documentation files (the “Software”), to deal in the Software without restriction, including without limitation the rights to use, copy, modify, merge, publish, distribute, sublicense, and/or sell copies of the Software, and to permit persons to whom the Software is furnished to do so, subject to the following conditions:

The above copyright notice and this permission notice shall be included in all copies or substantial portions of the Software.

THE SOFTWARE IS PROVIDED “AS IS”, WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. IN NO EVENT SHALL THE AUTHORS OR COPYRIGHT HOLDERS BE LIABLE FOR ANY CLAIM, DAMAGES OR OTHER LIABILITY, WHETHER IN AN ACTION OF CONTRACT, TORT OR OTHERWISE, ARISING FROM, OUT OF OR IN CONNECTION WITH THE SOFTWARE OR THE USE OR OTHER DEALINGS IN THE SOFTWARE.