1. General Provisions
1.1. These Regulations (the ‘Regulations‘) shall constitute an agreement on the use of Kakė Makė mobile application (the ‘Mobile Application‘) concluded by and between UAB Alma littera, business ID 120029537, registered office address Ulonų g. 2, 08245 Vilnius (the ‘Publishing House‘) and You as the user of the Mobile Application (the ‘User‘). These Regulations shall govern the Mobile Application services and the rights and obligations of the User in relation to the use of the Mobile Application.
1.2 The following persons shall be entitled to use the Mobile Application: legally capable natural persons, i. e. persons of full age whose legal capacity has not been restricted by a court; minors from three to eighteen years of age subject to consent of their parents or guardians; the rights and obligations of minors under fourteen years of age in relation to the use of the Mobile Application shall be exercised/fulfilled by their parents/guardians. By using the Mobile Application the User confirms that he/she is entitled to such use.
1.3. The User hereby represents that, prior to using the Mobile Application, he/she has read these Regulations, agrees with the terms and conditions thereof and agrees to abide by them.
1.4. For the purposes of these Regulations, using the Mobile Application is understood as taking any and all actions that are possible to be taken in the Mobile Application upon its download.
1.5. Downloading the Mobile Application is free. If downloading the Mobile Application becomes a paid services, a relevant notice shall be published on www.kakemake.lt.
1.6. In order to play the ‘Recognition of Letters‘ game the User must register on www.kakemake.lt
1.7. You can acquire three additional games at a charge. The User may acquire additional games upon entering a code from the ‘Kakė Makė ir pavogtas laikas‘ book in the designated field on www.kakemake.lt or by purchasing them from Google Play or App Store online stores.
1.8. The Publishing House shall have the right, having regard to statutory requirements, changes in the software functionality or other unforeseen circumstances that may affect the functioning of the Mobile Application, to change the provisions of these Regulations at any time on a unilateral basis by notifying the changes through the Mobile Application and on www.kakemake.lt. The amendments to the Regulations shall take effect on the date of publishing thereof. If the User continues to use the Mobile Application upon publication of the amendments, it shall be deemed that the User agrees to all the amendments to the Regulations and has no claims in respect thereof. The User who does not agree to the amendments provisions of the Regulations shall forfeit the right to use the Mobile Application.
2. Rules for the Use of the Mobile Application Services
2.1. The Publishing House shall have the right to remove any functions from the Mobile Application at any time by its unilateral decision without notifying the User. Such actions of the Publishing House shall be deemed to be lawful and the User may not make any claims to the Publishing House.
2.2. The Publishing House shall have the right to stop the operation of the Mobile Application at any time without notifying the User. Such actions of the Publishing House shall be deemed to be lawful and the User may not make any claims to the Publishing House.
2.3. Should the User violate the terms and conditions of these Regulations, the Publishing House may restrict the User‘s access to the functions of the Mobile Application without a warning.
2.4. The User shall have the right to refuse from the use of the Mobile Application at any time by deleting/deinstalling it from his/her device.
2.5. The User understands that, in order to use the services of the Mobile Application, certain equipment adapted to this purpose, Internet access and the relevant software shall be required. Periodic updates of the Mobile Application shall be required as well. The User agrees that he/she is responsible for these requirements which may be subject to change.
2.6. The User understands that the Mobile Application services are intended for personal non-commercial use only.
2.7. The User shall not be entitled to make copies of the content published in the Mobile Application or individual parts thereof, to distribute or reproduce the content by any method and in any form, and to use the content for any purposes other than those specified in these Regulations.
2.8. The User understands that no title to the content provided in the Mobile Application is granted to the User and no copyright or other intellectual property rights to the information or other content provided is transferred/granted to the User, therefore, the User undertakes no to use the services or the content provided in any way which would infringe copyright or other intellectual property rights to information or other content, not to transfer the same to any third parties, and not enable third parties to use the information or other content in any way. Should the User use the information or other content provided in the Mobile Application improperly (in violation of these Regulations), the Publishing House shall be entitled to prohibit the User from the continued use of the Mobile Application and the User shall stop the use immediately upon receiving of the request and shall indemnify the Publishing House and third parties for any direct and indirect losses incurred. The Publishing House shall have the right to make such a request at any time as the terms and conditions of these Regulations shall remain in force throughout the term of use of the Mobile Application and until the Publishing House is duly indemnified for its losses.
2.9. Upon downloading the Mobile Application the User shall be entitled to use the following services according to the procedures set out in these Regulations:
2.9.1. Take the following actions in the free version of the Mobile Application:
18.104.22.168. Play the ‘Tooth Cleaning‘ game;
22.214.171.124. Play the ‘Recognition of Letters‘ game;
126.96.36.199. Listen to a song;
188.8.131.52. Receive ‘Good deeds‘ tokens;
184.108.40.206. Dress Kakė Makė as desired;
2.9.2. Take the following actions in the paid version of the Mobile Application:
220.127.116.11. Play the ‘My body‘ game;
18.104.22.168. Play the ‘Healthy Food‘ game;
22.214.171.124. Play ‘Kakė Makė and the Disorder Dwarf‘ game;
126.96.36.199. In addition, take all the actions referred to in Clause 4.1.
3. Applicable Law and Jurisdiction
3.1. These Regulations shall be governed by the Lithuanian law.
3.2. Any disputes arising from these Regulations shall be settled by negotiations. Should the Parties fail to agree within 14 (fourteen) calendar days from the date on which the dispute arose, the disputes shall be settled in a court according to the User‘s place of residence according to the Lithuanian law.
4. Intellectual Property
4.1. All rights to the Mobile Application and works contained therein shall be reserved. No content or information contained in the Mobile Application may be reproduced in any form, made publicly available, distributed and/or used otherwise unless these Regulations state otherwise.
4.2. Any trademarks presented in the Mobile Application shall be property of the Publishing House or used lawfully by the Publishing House.
5. Limitation of Liability
5.1. The parties shall be liable for a violation of the Regulations according to procedures prescribed by the Lithuanian law.
5.2. In the event of damages, the guilty party shall pay the damages to the other party according to the procedure prescribed by the Lithuanian law.
5.3. The Publishing Housed shall not be liable for any damage incurred by the User while using the functionalities of the Mobile Application.
5.4. The Publishing House shall not be liable for potential disruptions in the operation of the Mobile Application and the User may not make any claims to the Publishing House in relation thereto.
5.5. Where the Mobile Application contains links to websites of other companies, institutions, organisations or individuals, the Publishing House shall not be liable for the information contained or activities performed therein, shall not maintain or control these websites, and shall not act as a representative of such companies, institutions, organisations or individuals.
6.2. UAB Alma littera, business ID 120029537, Ulonų g. 2, 08245 Vilnius.
6.3. Personal data processors:
6.3.1. UAB AL holdingas, business ID 302288643, Ulonų g. 2, Vilnius. The function performed by the personal data processor: personal data on the Users of the Mobile Application are stored in the business management system owned by UAB AL holdingas.
6.4. The data controller and the data processor shall process personal data in accordance with the Republic of Lithuania Law on the Legal Protection of Personal Data and the General Requirements for the Organisational and Technical Data Security Measures approved by Order of the Director of the State Data Protection Inspectorate No 1T-74(1.12.E) of 12 November 2008.
6.5. Purposes of personal data processing: online trade, direct marketing.
6.6. List of processed personal data for each personal data processing purpose:
6.6.1. Online trade (goods sale): first name, surname. email address, pupil‘s certificate number, pupil‘s certificate bar code, IP address;
6.6.2. Direct marketing (sending of a newsletter to the Mobile Application‘s Users who have subscribed to it and sending direct marketing offers by UAB Alma litter‘s partners: UAB Šviesa, business ID 132726152, Vytauto pr. 29, LT- 44352 Kaunas and VšĮ Šiaurės licėjus, business ID 303960460, Širvintų g. 34A Vilnius in accordance with the Law on the Legal Protection of Personal Data): User‘s first name, surname. email address, place of residence (town), date of birth, gender.
6.7. Personal data shall not be provided to any parties except for the provision of data to competent authorities at their request.
6.8. Term of retention of personal data: 2 years from the last action taken by a data subject.
6.9. Rights of a personal data subject and exercise thereof:
6.9.1. The right of the personal data subject to gain access to his/her data:
188.8.131.52. The personal data subject shall be entitled to, upon producing to the data controller (at the address Alma littera UAB, Ulonų g. 2, 08245 Vilnius) a personal ID document in person or by writing from the email address specified during the registration with ‘Kakės Makės nuotykiai‘, receive information about the sources of collection of his/her personal data, the specific types of the data collected, the purposes of the data processing, the data recipients to which the data has been provided over the last year (at least one year);
184.108.40.206. On receipt of the personal data subject‘s enquiry about the processing of his/her data, the personal data controller shall reply by stating whether the relevant personal data is processes or not, an d shall furnish the subject with the requested data no later than within 30 calendar days from the date of receipt of the enquiry. At the personal data subject‘s request such data shall be provided in writing. The data controller shall submit such data to the personal data subject free of charge once in a year. Where the data is provided at a charge, the size of the charge shall not exceed the costs of the data provision. The procedure for the application of the charge shall be set by the Government of the Republic of Lithuania.
6.9.2. The right of the personal data subject to demand that his/her personal data is corrected or destroyed or the data processing actions are stopped:
220.127.116.11. Should the personal data subject determine, upon familiarisation with his/her personal data according to the procedure specified in Clause 8.1, that his/her personal data is incorrect, incomplete or inaccurate, the subject may apply to the data processor and the data processor shall immediately check the subject‘s personal data and, upon receipt of the personal data subject‘s written request submitted in person, to the postal address UAB Alma littera klubas, Ulonų g. 2, 08245 Vilnius, or to an email address email@example.com (writing from the email address specified during the registration with ‘Kakės Makės nuotykiai‘), immediately correct the incorrect, incomplete or inaccurate data and/or stop the data processing actions with respect to the data of such person, except for the data storage. Should the personal data subject determine, upon familiarisation with his/her personal data, that his/her personal data is processed unlawfully or unfairly, the subject may apply to the data processor and the data processor shall immediately check the lawfulness and fairness of the processing of the personal data, and, upon receipt of the personal data subject‘s written request, shall immediately destroy the personal data that has been accumulated unlawfully or unfairly or to stop the data processing actions with respect to the data of such person, except for the data storage;
18.104.22.168. Upon stopping of the data processing actions at the personal data subject‘s request, the personal data the processing f which has been stopped shall be stored until correction or destruction (at the personal data subject‘s request or upon expiry of the data retention term). Other processing actions may be taken with respect to such data only:
- with the aim to prove the circumstances due to which the data processing actions were stopped;
- provided that the personal data subject gives his/her consent to continue the processing of his/her data;
provided that this is necessary in order to protect third party rights or legitimate interests;
22.214.171.124. The personal data controller shall immediately inform the personal data subject about the taking or not taking of the actions of correction or destruction of the personal data or the stopping of the data processing actions at his/her request;
126.96.36.199. Personal data shall be corrected or destroyed or its processing actions shall be stopped based on the documents evidencing the personal data subject‘s identity and his/her personal data, upon receipt of the subject‘s request;
188.8.131.52. Where the personal data controller has doubts over the correctness of the personal data provided by the personal data subject, the controller shall stop the processing of such data and shall check and update such data.
6.9.3. The right of the personal data subject to disagree with the processing of his/her personal data:
184.108.40.206. The personal data subject shall be entitled to disagree with the processing of his/her personal data without specifying the reasons for the disagreement where the data is processed or is intended to be processed for direct marketing purposes. In such a case the data controller shall immediately stop the personal data processing actions free of charge, except for cases prescribed by law.
220.127.116.11. At the personal data subject‘s request, the personal data controller shall inform the personal data subject about the termination of his/her personal data processing actions or the refusal to terminate the data processing.