AGE LIMIT NOTICE: PERSONS UNDER THE AGE OF 16 ARE NOT ALLOWED TO USE THIS APPLICATION!
The purpose of these General Terms and Conditions (hereinafter: "GTC") is to regulate the conditions applicable to the use by the User of the "Final Countdown" service offered by the Service Provider. The Service Provider may unilaterally amend or modify the present GTC, with the new version of the GTC becoming effective upon publication. Publication shall be in the form of newsletters, on the basis of which updates of the application will be available. If the User continues to use the Services provided by the Service Provider, i.e. the User updates the application, this shall be considered as an acceptance of the modification of the GTC. The GTC shall remain in effect until the Service Provider continues to provide the Service.
1. Definition of terms used in the GTC
Service Provider:
User: Any natural persons who download the application from the Google Play Store or the Apple Store in the interest of using the Service shall be considered as a User.
Service: The "FinalCountdown” service, in the framework of which the User, by way of downloading the application, is able to use a service whereby, on the basis of data provided by the User, the User is able to find out approximately how much time a person having similar parameters has left until the day of the date of their death, as estimated on the basis of the public data of World Health Organization and United Nations and public scientific articles and researches, and accordingly, the User may set various objectives to be accomplished before their death and prepare a life plan on the basis of the options offered by the application and the information individually provided by them.
The purpose of the "FinalCountdown" application is the raising of attention and the possible prevention. The shocking information, in the form of a counter continuously rolling back until the estimated date of the death of the User, may be able to make the User think about certain issues, and once that happens, also to take an active stance. "Final Countdown", however, is a game, and the data related to expected life span never apply to the specific person.
2. The use of the Service
2.1. Installation
The platform of the "FinalCountdown" application: Mobile application. The application may be downloaded, depending on the type of the telephone, from the Google Play Store or from the Apple Store.
Google Play Store: https://play.google.com/store/apps/details?id=hu.frontside.finalcountdown.android.pro
Apple Store: https://apps.apple.com/hu/app/finalcountdown-app/id1098199475
2.2. First steps:
Once the application has been downloaded, the user is required to provide the following data after first launching the application:
- Sex
- Date of birth
- Place of residence (country)
After the above data are entered, the User may also set further optional (i.e. not mandatory) parameters (so-called "correcting factors"), which may substantially affect the result generated by the application. The correction factors, which are related to lifestyle and living conditions, have a positive, negative or neutral impact on the result.
On the basis of the above, the service will show the estimated length of time a person having similar parameters has left until the statistically estimated date of their death, and displays the result in the form of a counter continuously rolling back.
In the interest of achieving the most accurate statistical results possible, the Service Provider hereby reserves the right to make changes in the above estimation and in the calculation and probability algorithms take into consideration.
Subsequently, the Service offers the User the possibility to set various objectives to be accomplished: The User has the option to determine what objectives they wish to accomplish, and is also able to set new objectives formulated by themselves.
2.3. Daily use
The User is able to record changes affecting them, which have the capability to change the rolling of the counter and the length of the estimated time left until their death; at the same time, the User may also mark objectives that have been accomplished.
3. Liability
The data provided by the Service with respect to the remaining time left never apply to the specific person, but to a person having similar parameters, and it represents an overly generalized statistical average, and therefore, such data are not suitable for drawing conclusions concerning the probability of any occurrence for the given person. The data included in and calculated by the Service are for information purposes only, and are not scientifically supported, and the Service Provider hereby disclaims any liability for the same. The Service Provider expressly declares that the Service is a game, and any similarity with reality is coincidental.
The User may only use the Service at their own risk, and hereby acknowledges the fact that the Service Provider disclaims any and all liability for pecuniary and non-pecuniary damage suffered in the course of the use of the Service. By accepting the present GTC, the User acknowledges that the application does not cover individual, unexpected events occurring in everyday life (e.g. accidents, sudden illnesses, etc.), which may adversely affect the results generated by the application.
4. Force majeure
The Service Provider shall not be responsible for the performance of its obligations undertaken in the contract in cases when unavoidable events or circumstances outside its scope of control occur. Such circumstances include, for example: natural disasters, fires, flooding, measures by the authorities, state of emergency, riots, civil wars, wars, strikes or similar industrial action, attacks against servers, attacks by hackers, unauthorised access, epidemics, illness, etc.
5. The control, protection and security of data
By entering the data specified above, the User expressly declares that they consent to the use by the Service Provider of the data entered by User in connection with and for the purpose of the provision of the Service. The entering and provision of any data by the User is on a voluntary basis.
In the course of the control of data entered by the User, the Service Provider shall always proceed in full compliance with the relevant provisions of law in effect at the time.
6. Copyright
The "Final Countdown” brand name is a trademark protected by copyright law.
The content of the application, including without limitation the graphic and textual elements, and the technical solutions, as well as the content published by the Service Provider, are the intellectual property of the Service Provider subject to copyright protection, and any copying in whole or part shall be considered as a breach of copyright.
7. The handling of complaints
Any complaints by Users may be communicated by fax, electronically, by postal mail or telephone, with the use of the contact information of the Service Provider, as specified above.
If case you are not satisfied with the reply received to your complaint, you may contact the following entities: Government Office of the Capital City of Budapest, Consumer Protection Inspectorate, contact information: 1052 Budapest, Városház utca 7, mailing address: 1364 Budapest, P.O. Box 144, telephone number: +36 (1) 328-0185, fax number: +36 (1) 411-0116.
The Conciliatory Body of Budapest, contact information: 1016 Budapest, Krisztina körút 99, III/310, mailing address: 1253 Budapest, P.O. Box 10, e-mail address: bekelteto.testulet@bkik.hu, fax number: +36 (1) 488-2186, telephone number: +36 (1) 488-2131.
Further information on the possibility of enforcing rights by way of the court system is available on the website www.birosagok.hu.
8. Jurisdiction, scope, competence, applicable law, place of performance The parties agree that they shall attempt to settle any disputes that may arise out of their present legal relationship amicably, by way of negotiations, failing which they accept to the jurisdiction of the Courts of Hungary.
The legal relationship between the parties shall be governed by the substantive and procedural laws of Hungary.
The parties agree that the place of performance shall be Hungary.
By accepting the following information and statement, you acknowledge that you have received adequate and complete information about the data processing and gives your express, specific and voluntary consent to the processing of the personal data provided by you (hereinafter: User / Data Subject) to the extent specified below. Please read the following carefully and then give your consent!
IDENTITY AND CONTACT DETAILS OF THE DATA CONTROLLER
Name of data controller: (hereinafter: Data Controller / Service) Sense
Media Limited Registered
office of the controller: Csanady str 21., 1132
Budapest, Hungary
e-mail address: info@finalcountdownapp.com
DATA PROTECTION OFFICER
No data protection officer has been appointed.
LEGAL BASIS OF DATA PROCESSING:
The processing is based on Article 6 (1) (a) of Regulation (EU) 2016/679 of the European Parliament and of the Council (hereinafter: GDPR), i.e. the consent of the data subject, and Article 6 (1) (b) , i.e. the data management is necessary for the fulfilment of the contract concluded between the Data Controller and the Data Subject.
Personal data referring to specific categories of personal data (racial or ethnic origin, political opinion, religious or philosophical beliefs or trade union membership, as well as genetic and biometric data for the unique identification of natural persons, with regard to health data and personal data concerning the sexual life or sexual orientation of natural persons, the legal basis for data processing is Article 6 (1) (a) and (b) and Article 9
(2) (a) of the GDPR, with the consent of the data subject.
The user has the right at any time not to provide certain data. This may result in the user not being able to use certain services.
With regard to the offered „FinalCountdown (FC)” service, the provision of personal data and special categories of personal data is necessary for the conclusion of the given contract, therefore in such a case the refusal to provide the data excludes the use of this service.
The Data Subject may withdraw his or her consent at any time. Withdrawal of consent shall not affect the lawfulness of the consent-based data processing prior to withdrawal.
THE PURPOSE OF DATA PROCESSING
1 - The activity of the service provider is to make the FinalCountdown (FC) mobile application available, the use of which is conditional on the provision of certain personal data and special categories of personal data, consent to data management in accordance with this prospectus, and acceptance of the general terms and conditions.
2 - Service: With the FinalCountdown (FC) service, the User can use a service by downloading the application, in the framework of which the User can find out, based on the data provided by him, how much time is left by the probability calculation of a person with similar parameters until the day of his death, or the user can accordingly set the goals he / she wants to achieve before his / her death, he / she can create a life plan based on the possibilities offered by the application and those individually specified by him / her.
With the application FinalCountdown (FC) the aim is to draw attention to the goal, to improve the way of life, and to prevent it. The shocking information - which is a continuously spinning counter until the day of his death - may be able to make the user of the application think and, if he has already thought, make it active. THE FinalCountdown (FC) however, an estimate is based on purely statistical data, so life expectancy data never relate to a specific person.
AGE LIMIT
Pursuant to Article 8 (1) of the GDPR, the lawfulness of a legal declaration containing the consent of a minor who has reached the age of 16 does not need to be given or authorized by a parental responsibility practitioner. Participation is excluded during this age.
SOURCE OF PERSONAL DATA AND RANGE OF DATA PROCESSED, IF THEY ARE NOT DISPOSED BY THE DATA SUBJECT TO THE DATA CONTROLLER
The Data Controller does not process personal data that is not collected from the Data Subject.
ADDRESSEES OF THE PERSONAL DATA:
Personal data will not be transferred to third parties.
THE PLACE OF DATA PROCESSING:
Personal data is stored on servers rented by the Data Controller.
DURATION OF DATA MANAGEMENT, TIME OF DATA STORAGE
The data controller may manage the data under the specific contract concluded with the Data Subject for the purpose of using the service (until the deletion of the application) or as long as a claim can be enforced in connection with the given contract.
RIGHTS OF THE DATA SUBJECT
The data protection rights and remedies of data subjects are detailed in the relevant provisions of the GDPR (in particular Articles 15, 16, 17, 18, 19, 20, 21, 22, 77, 78, 79, 80 and 82). The following summary contains the most important provisions, and the Data Controller accordingly provides information to the Stakeholders about their rights related to data processing and their legal remedies.
General rules, method of exercising rights
Requests to exercise their rights in connection with data management may be sent to the Data Controller to any of the contact details provided above (in writing by post, e-mail or orally).
The Data Controller shall, without undue delay, but in any case within one month of receipt of the data subject's request under Articles 15 to 22 of the GDPR, exercise the Data Subject's action on the request. If necessary, taking into account the complexity of the application and the number of applications, this time limit may be extended by a further two months. The Data Controller shall inform the Data Subject of the extension of the deadline, indicating the reasons for the delay, within one month from the receipt of the request. If the Data Subject has submitted the request by electronic means, the information shall, as far as possible, be provided by electronic means, unless the Data Subject requests otherwise.
If the Data Controller fails to take action at the request of the Data Subject, it shall inform the Data Subject without delay, but no later than within one month from the receipt of the request, of the reasons for non-action and that the Data Subject may lodge a complaint with a supervisory authority and may exercise its right of judicial review.
Information on the data subject's request pursuant to Articles 15 to 22 of the GDPR shall be provided by the Data Controller free of charge. If the Data Subject's request is manifestly unfounded or, in particular due to its repetitive nature, excessive, the Data Controller may charge a reasonable fee or refuse to act on the request, taking into account the administrative costs of providing the requested information or action or taking the requested action.
The data subject 's right of access
Content of the right of access: the Data Subject is entitled to receive feedback from the Data Controller as to whether the processing of his / her personal data is in progress. If such data processing is in progress, the Data Subject is entitled to access personal data and the following information:
(a) the purposes of the processing;
(b) the categories of personal data concerned;
(c) the recipients or categories of recipients to whom the personal data have been or will be communicated by the controller, including in particular third country recipients or international organizations;
(d) where applicable, the intended period for which the personal data will be stored or, if that is not possible, the criteria for determining that period;
(e) the data subject's right to request the rectification, erasure or restriction of the processing of personal data concerning him or her and to object to the processing of such personal data;
(f) the right to lodge a complaint with a supervisory authority;
(g) if the data were not collected from the data subject, all available information on their source;
(h) the fact of automated decision-making, including profiling, and at least in such cases, comprehensible information on the logic used and the significance of such data processing and the expected consequences for the data subject.
The Data Controller shall provide the Data Subject with a copy of the personal data subject to data management. The Data Controller may charge a reasonable fee based on administrative costs for additional copies requested by the Data Subject. The right to request a copy must not adversely affect the rights and freedoms of others.
In order to meet the data security requirements and protect the rights of the Data Subject, the Data Controller is obliged to make sure that the Data Subject and the person wishing to exercise the right of access match, the information, access to the data and the issuance of a copy.
Right to rectification
The Data Subject is entitled to have inaccurate personal data concerning him / her rectified by the Data Controller at the request of the Data Subject without undue delay. The Data Subject is also entitled to request that the incomplete personal data be supplemented, inter alia, by means of a supplementary declaration.
Right of cancellation ("right to forget")
The data subject has the right to delete personal data concerning him / her at his / her request without undue delay. The Data Subject may request the deletion of his data at any time. In this case, the Data Controller immediately deletes the data concerning the Data Subject, which also means the automatic termination of the use of the Service. The application cannot then be used by the Data Subject in the absence of data. The Data Subject may request the deletion of the data by deleting the application, in which case the Service Provider shall delete all data of the Data Subject from its own database.
Right to restrict data processing
The data subject may request that the processing of his or her personal data be restricted by the Data Controller (clearly indicating the limited nature of the data processing and ensuring separate handling from other data) if
a) disputes the accuracy of your personal data (in this case, the Data Controller will limit the data processing for as long as it verifies the accuracy of the personal data);
b) the processing is unlawful and the Data Subject opposes the deletion of the data and instead requests a restriction on their use;
c) the controller no longer needs the personal data for the purpose of data processing, but the data subject requests them in order to make, enforce or protect legal claims; obsession
d) the data subject has objected to the processing (in this case, the restriction applies for the period until it is established whether the legitimate reasons of the controller take precedence over the legitimate reasons of the data subject).
The right to data portability
The data subject shall have the right to receive the personal data concerning him / her made available to the Data Controller in a structured, widely used machine-readable format and to transfer such data to another data controller without being hindered by the data controller whose provided personal data if:
(a) the processing is based on consent pursuant to Article 6 (1) (a) or Article 9 (2) (a) or on a contract pursuant to Article 6 (1) (b); and
(b) the processing is carried out in an automated manner.
Right to protest
The Data Subject may object to the data processing if, in his / her opinion, the Data Controller would not properly process his / her personal data in connection with the purpose indicated in this data management information. In this case, the Data Controller must prove that the processing of personal data is justified by compelling legitimate reasons which take precedence over the interests, rights and freedoms of the data subject or which are related to the submission, enforcement or protection of legal claims.
REMEDIES AVAILABLE TO THE DATA SUBJECT CONCERNED
Complaint to service provider
The Affected Persons may address their complaints and objections directly to the Service Provider, who will do his best to eliminate and remedy any violations. The Service Provider examines the complaints submitted to it within the above-mentioned deadline and informs the Data Subject of its position and the measures taken within this deadline.
Authority complaint
The data subject may also lodge a complaint with the National Data Protection and Freedom of Information Authority (Headquarters: H-1125 Budapest, Szilágyi Erzsébet fasor 22 / c; Postal address: H-1530 Budapest P.O. Box: 5 .; Phone: +36 (1) 391-1400; Fax: +36 (1) 391-1410; E-mail: ugyfelszolgalat@naih.hu; Website: http://naih.hu).
Judicial enforcement
The Data Subject may go to court in case of violation of his / her rights. The trial falls within the jurisdiction of the tribunal. You can contact the court of the Data Controller's registered office at https://birosag.hu/birosag-kereso.
DATA SECURITY
Data capture and storage: the data controller strives to apply effective protection solutions from the security solutions available at all times.
MISUSE OF PERSONAL DATA
If the Service Provider becomes aware that the User or another person has provided personal data unauthorized or in an infringing manner during the use of the Service, the Service Provider shall take all necessary legal measures to enforce the compensation for the damage caused and to initiate legal proceedings against the infringer.
If someone uses publicly available or illegally obtained personal or other data within the Service in a manner that violates the rights or laws of third parties (for direct marketing purposes, etc.), or otherwise has unauthorized access to or otherwise misuses personal data, the The Service Provider shall take the necessary legal measures to initiate the legal liability of the infringer.
CONSENT
I declare that I have received the information related to data management in full, I have learned and understood its contents in the knowledge of the data management purposes relevant to the activities of the Data Controller. I declare that the data I have provided is my own personal and special data. I consent to the Data Controller recording and managing my personal data and my special category of personal data.