These Terms and Conditions of Service of the Moontop application regulate the relations between the company Top benefits d.o.o. (hereinafter referred to as Moontop) on the one hand and the User of the Moontop application (hereinafter referred to as the Application) on the other.
By using the Application, the User accepts these Terms and Conditions of Service. These Terms and Conditions of Service define the use of the Application. Therefore, read these Terms and Conditions carefully before using the Application. If you do not agree with these Terms and Conditions of Service, do not use the Application.
All mutual relations between Moontop and the User which are not regulated by these Terms and Conditions of Service shall be governed accordingly by the applicable laws and regulations of the Republic of Croatia.
These Terms and Conditions of Service are concluded exclusively between Moontop and the User, and not the owner of the operating system, so the owner of the operating system is not responsible for the Moontop application or its contents. You hereby agree that the owners of the operating system are third parties – users of the Terms and Conditions of Service, and that after you accept these Terms and Conditions of Service, the owner of the operating system is entitled to apply the Terms and Conditions as a third party against you.
Contracted Partner – means a service provider and product supplier who has entered into a partnership agreement with Moontop, who delivers services and products in the name and on behalf of Moontop.
Order – means a contract of sale of Moontop services and products.
Moontop application – means a digital application called Moontop, provided by Moontop, which is used to purchase services and products by the User.
User or You – means a natural person who uses the Moontop application.
Top benefits d.o.o, Nova cesta 136, 10 000 Zagreb, Croatia, Company Identification Number: 79427674649
Business name: “Moontop”
E-mail address: firstname.lastname@example.org
The User shall have a limited, non-exclusive, revocable, non-transferable right to access and use the Moontop service and content available on the Moontop application, in the form in which we offer them to you at a particular time, exclusively for the purposes specified herein.
Moontop shall create a username and access code for the User to access the Moontop application. The User should request access data from their employer, which pays to the User the credits for the use of services and products in the Moontop application.
User account registration requires you to enter access data: user number/e-mail address and access code, and submit certain personal data to Moontop, such as your full name, gender, place of residence, address, e-mail, mobile phone number and necessary data for card payment. You undertake to keep your user account information accurate, complete and up to date.
User data in the Moontop application are private. The User shall ensure that all user account data and equivalent information necessary to access the user account are kept secret and used in a secure manner, which prevents access to third parties. The User may have only one account. If you wish to delete your user account, please contact us using the contact details provided.
If they suspect that any unauthorized person has become aware of the User’s account data or gained access to their user account, the User shall notify Moontop thereof immediately. The User shall be responsible for each use of the Moontop application and for any activity in their user account.
In order to purchase services and products through the Moontop application, in the event of an insufficient amount of credits paid for you by your employer, you are required to provide valid credit card information. Moontop shall not store information about your payment method, as such data is stored by a third party, the payment service provider used by Moontop. You hereby agree to pay for all purchases made in the Moontop application, except for purchases paid for by credits granted by your employer. The credit card information you entered in your user account shall be updated regularly.
If there is an insufficient amount of available credits in the user account at the moment when a service is ordered, the User shall pay the purchase price specified in the order using the appropriate payment function for the Moontop service. Moontop collects all payments made by the User in their own name and on their own behalf. The User’s payment obligation arises at the moment they place an order via the Moontop application.
The User may execute a payment using only the online payment methods provided by the Moontop application. When the User pays the purchase price, the User has fulfilled their payment obligation towards Moontop.
After using the service, the User’s credit card will be automatically charged. Moontop shall be entitled to carry out an authorization in its own name and on its own behalf on the User’s credit card, once the order has been placed through the Moontop application. Moontop uses an external payment service provider to process payments.
If the User fails to appear at the place of service or cancels the order on the day when the service is to be used, the service shall be charged and deemed rendered.
We do not accept cash payments.
Intellectual Property Rights
All Intellectual Property Rights in the Moontop application or related to the Moontop service, as well as all related documentation and all parts and copies thereof shall remain solely vested with Moontop and shall be the sole and exclusive property of Moontop. Intellectual Property Rights include copyright and related rights (including databases, catalog rights and photography rights), patents, utility models, design rights, trademarks, tradename, trade secrets, know-how and any other form of registered or unregistered intellectual property rights.
These Terms and Conditions of Service shall not grant any Intellectual Property Rights to the User within the Moontop application, and all rights not expressly guaranteed by these Terms and Conditions of Service shall be reserved by Moontop and its subcontractors/licensors.
The owner of the operating system of your device using the Moontop application shall not be liable for any investigation, defense, settlement or resolution of any third party claims due to possible infringement of intellectual property rights by you or by the Moontop application.
The Moontop service shall be available only to persons who have reached the age of 18 years or older.
Moontop continuously develops the Moontop service and reserves the right to modify or remove various parts of the Moontop service, including the content, services and products in the Moontop service, in whole or in part.
Moontop may, at its sole discretion, from time to time allow you to submit or otherwise make available to Moontop through the Moontop application content or data such as feedback and support requests related to the Moontop application. Any User Content you have submitted shall remain your property. Nevertheless, by providing User Content to Moontop, you grant it a worldwide, permanent, irrevocable and transferable royalty-free license, with the right to sublicense, use, copy, modify, create derivative works of, distribute, publish and exploit in any other manner such User Content in all forms in current or future channels, without prior notice or your consent and without any condition of payment to you or any other person or legal entity. You represent and warrant that you are authorized to grant Moontop the foregoing rights and that such User Content or use thereof is not offensive, defamatory, indecent or harmful in any way and will not infringe on, misappropriate or violate anyone else’s intellectual property rights and property rights, copyright and privacy rights, or that it will not result in a violation of any applicable law or regulation.
By using the Moontop application, the User may encounter content or information that may be inaccurate, incomplete, outdated, misleading, illegal, offensive or harmful in any other way. Moontop bears no responsibility for the content and information or for any damage resulting from the use thereof and reliance thereon.
You shall be responsible for obtaining and maintaining all devices and equipment (such as phones) and the connections required to access and use the Moontop service, and for the associated costs incurred.
The User may not: use or attempt to use someone else’s Moontop user account and/or access someone else’s payment data on Moontop services or use someone else’s payment card when using the Moontop service, without that person’s consent; duplicate, modify, or create derivatives of the Moontop service or any related technology; reverse engineer, decompile, disassemble, decipher or otherwise attempt to discover the source code of the Moontop application or any related technology or any part thereof; remove the copyright, trademark or proprietary notices contained in the Moontop service; remove, cover or obscure any advertising within the Moontop application; collect, use, duplicate or share information obtained from the Moontop application without Moontop’s approval; use bots or other automated methods to use the Moontop service; create a Moontop user account using a false or other person’s identity; and access the Moontop application in any other manner except by using the Moontop interface such as the Moontop application and the Moontop website.
You may not use the Moontop application or any other content contained therein for any purpose other than non-commercial use. Using any type of download system, such as robot, spider, web crawler, computer program for extraction, automatic processing and/or devices for scraping, copying, and/or tracking any part of the Moontop application is strictly prohibited.
Moontop shall be entitled to remove the User from the Moontop application with immediate effect and/or refuse or cancel any purchase if the User misuses the Moontop application or causes any damage or loss to Moontop and its employees by using the Moontop application, if Moontop has reasonable suspicion of fraud by the User when using the Moontop application, if the User makes a false purchase (for example by non-payment, failure to appear at the place of use of service or to collect the service or product) or otherwise fails to comply with their obligations under these Terms and Conditions of Service, and if there is reasonable doubt as to the regularity and authenticity of the purchase. If Moontop cancels a purchase that has already been paid for, Moontop shall forward that amount to the same account from which the User made the payment.
With regard to the collected personal data, Moontop is the data controller.
The User shall comply with the applicable third party business agreement when using the Moontop application.
The User shall use the services and products in accordance with the Terms and Conditions of the contracted partner and the Terms and Conditions of the manufacturer of specific products.
The Moontop service may be interrupted, suspended or permanently discontinued at any time. Do not use Moontop services to make a copy of any data. While Moontop makes reasonable efforts to provide services without error and in a timely manner, Moontop disclaims all representations and warranties not expressly set forth in these Terms and Conditions. Moontop makes no representations or warranties regarding the reliability, timeliness, quality and suitability of the Moontop service or any goods or services provided through the Application, or that the Moontop service will be uninterrupted or error-free.
The Contracted Partner shall deliver the service or product purchased by the User in the name and on behalf of Moontop. If there are any shortcomings in the delivery of a service or product, the User may notify the Moontop Customer Service at email@example.com.
The Contracted Partner shall be solely responsible for any shortcomings in the service, products, ingredients or other shortcomings in the provision of the purchased service or product.
The User who has discovered shortcomings in the performance of the Contract of Sale shall submit any complains to Moontop without delay, with clear descriptions of the said shortcomings.
Moontop excludes all liability for any loss or damage that you or third parties may suffer in connection with Moontop, unless it is caused with intent or through gross negligence on the part of Moontop, or represents a liability that cannot be excluded or limited under governing law.
Operating systems have no obligation to maintain and provide support services regarding the Moontop application. In the event that maintenance and support is required under governing law, Moontop, and not the owner of the operating system, shall be responsible for performing such maintenance or support. In case of warranties that cannot be waived under the law, Moontop, and not the owner of the operating system, shall be responsible for receiving any requests by the User or a third party regarding the Moontop application or possession and/or use of the Moontop application, including but not limited to: product liability claims; any requirement that the Moontop application fails to meet in accordance with applicable laws and regulations; and requirements regarding consumer protection, privacy and similar regulations.
These Terms and Conditions of Service shall be governed by laws and regulations of the Republic of Croatia and shall be interpreted in accordance with Croatian law. Any disputes arising in connection with these Terms and Conditions of Service shall be resolved before a court in Zagreb.
The User may at any time report a dispute to the local consumer protection authority.
These Terms and Conditions of Service are subject to modifications. You can find the current version of these Terms and Conditions of Service within the Moontop application.
We shall not make significant changes to these Terms and Conditions of Service or limit the User’s rights therein without prior notice. If the User does not agree to the amended Moontop Terms and Conditions of Service, they shall stop using the Moontop application.
Moontop shall be entitled to assign any or all of the rights and obligations set forth herein, in whole or in part, to an affiliated company, legal successor, buyer or acquirer of business assets related to Moontop, without the prior consent of the User.
The User shall not be entitled to asign the rights and obligations set forth herein, in whole or in part.
Moontop processes the personal data of Moontop application users and visitors of the website www.moontop.app
The Privacy Statement defines the categories of personal data we process, how we process personal data and your rights as a data subject (right to object, right of access).
This Privacy Statement may be updated from time to time to reflect changes in the way we process data. We shall not make significant changes to this Privacy Statement or limit the User’s rights guaranteed by this Privacy Statement without prior notice.
This privacy statement applies to the processing of personal data by Moontop.
In connection with the processing of personal data on users, Moontop acts as a data controller. This means that Moontop defines the purposes and methods of data processing.
Moontop shall be responsible for processing all registered requests and questions related to personal data.
Name: Top benefits d.o.o.
Address: Croatia, 10 000 Zagreb, Nova cesta 136
E-mail address: firstname.lastname@example.org
Moontop has appointed a data protection officer whom you can contact using the contact details above.
The personal data we process are divided into two categories: User Data and Analytics Data.
User Data are personal data collected directly from you. We collect data in a variety of ways, including by entering into a service agreement with an employer or registering with and using the Moontop application.
The said personal data required for the use of the Moontop application, and collected and processed by us, are necessary for the proper fulfillment of the relationship between you and us, as well as for our legitimate interest in accordance with our legal obligations.
Upon concluding a business cooperation agreement and obtaining your consent for using the Moontop application, the employer can provide the following data: full name, contact phone number, e-mail address.
When you register with the Moontop application and create a user account, you shall submit the following data: full name, gender, place of residence, residence address, work address, phone number, e-mail address, and in the event of credit card payment: information about your instrument of payment such as the number of the payment instrument, the expiration date of the payment instrument and the CVV code.
Your user or consumer experience can be enhanced by providing the following information: photos, location data (if you agree to the processing of location data), other information you provide either when opening a user account or later when editing a user profile.
We may process other data that you provide to us voluntarily: the information you provide when reviewing our services, marketing preferences (opt-in or opt-out), the information you provide by telephone, e-mail or chat with us, including possible recordings of your conversations with our customer service.
In addition to the User Data collected from you and the User Organization, we also process certain personal data provided to us by external service providers.
While we do not typically use Analytics Data to identify you as an individual, we may sometimes identify you through them, either individually or in combination or in conjunction with User Data. In these cases, Analytics Data may also be considered personal data in accordance with applicable laws and we will consider such data as personal data.
We may automatically collect the following Analytics Data when you visit or interact with the Moontop application: device and device identification number, IMEI number, country, IP address, browser type and version, operating system, Internet service provider, advertising identifier on your device, visitor ID, time spent in the Moontop application, interaction with the Moontop application, information about your orders placed through the Moontop application, URL of the website you visited before and after visiting the Moontop application and website, time and date of your visit to the Moontop application, sections within the Moontop application you visited, the products you browsed, and the benefits you used in the Moontop application.
We use various technologies to collect and store Analytics Data and other information during the User’s visit to the Moontop application and website, including cookies and web beacons.
The User may choose to reject all cookies in their Internet browser settings, or configure them to send cookie notifications.
Web beacon is a technology that enables the identification of readers of webpages and e-mails, e.g., to establish whether a particular e-mail has been read.
Moontop uses Google Analytics and other web analytics to compile Analytics Data and reports on visitor usage, which helps us improve the Moontop application. It is possible to turn off Google Analytics.
Moontop uses pseudonymized identifiers to track and predict your use of the application and services, and your user preferences.
You can turn off these identifiers by changing your operating system.
Moontop may process your personal data for several purposes. One or more purposes can be achieved simultaneously so that Moontop could provide the service and fulfil its contractual obligations (legal grounds: performance of the contract and legitimate interest).
Moontop processes your personal data in order to provide you with a service under the Contract between Moontop and the company that provided and contracted the Moontop benefits to you or for any other purpose necessary for the performance of the contract between Moontop and you. Moontop may also process personal data when necessary for a legitimate interest relevant to Moontop.
We use the data to process your orders and benefits, to communicate with you, to handle your payments and fees and to provide the necessary information to our contracted partners who provide field services. If you contact customer support, we will use the information provided by you to answer your question or resolve your complaint.
We may collect, use and share your information at your exact or approximate location, including the real-time geographic location of your computer or mobile phone. Your location data that allow us to identify you are not collected or used without your consent. Permission to use your location is required in the Moontop application. The tracking option can be turned off on your device.
Moontop processes data to manage and meet our legal obligations. This includes data processed for the purposes of complying with our bookkeeping obligations and providing information to competent authorities, such as tax authorities.
Moontop may process data for the purposes of resolving claims, debt collection, and legal proceedings. We may also process data to protect our service from fraud and misuse and to maintain data, system and network security.
Moontop processes your personal data in order to contact you regarding Moontop services and to inform you about changes in relation to them. Your personal data are also used for the purposes of advertising Moontop to you. A legitimate interest as a ground for processing is, for example, when we personalize our offers and provide you with services that are relevant to you and when we analyze information about your interests and feedback in order to develop our services.
We may also process data about your use of the Moontop application to improve the quality of Moontop services, e.g., by analyzing trends in the use of Moontop services. To ensure that our service is in line with your needs, personal data can be used for things like customer satisfaction surveys. Whenever possible, we will do this using only aggregated, non-personally identifiable data.
Moontop processes your personal data in order to fulfill contractual obligations towards you or the company that has contracted Moontop benefits for you and in order to comply with legal obligations. Furthermore, we process your personal data in order to pursue our legitimate interest to run, maintain and develop our business and to create and maintain customer relationships. When deciding to use your data based on our legitimate interest, we weigh between our own interest and your right to privacy and, for example, allow you to simply opt out of our marketing communications and use pseudonyms or non-personally identifiable data where possible.
In some parts of the Moontop application, you may be required to grant your consent to the processing of personal data. In this case, your data will not be processed before you grant your consent, and you may withdraw your consent at any time.
Moontop stores your personal data primarily within the European Economic Area. However, we may have service providers and operations in several geographical locations. Therefore, we and our service providers may transfer your personal data or allow access to them in jurisdictions outside the European Economic Area or in jurisdictions according to the user’s place of residence.
We will take steps to ensure that the User’s personal data receive an appropriate level of protection in the jurisdictions in which they are processed. We provide adequate protection for the transfer of personal data to countries outside the European Economic Area through a series of agreements with our service providers based on standard contractual clauses or through other appropriate safeguards. You can get more information regarding the transfer of personal data by contacting us at the above addresses.
Moontop shares your personal data only within Moontop if and to the extent reasonably necessary for the purposes of this Privacy Statement.
We do not share your personal data with third parties outside Moontop, except in one of the following circumstances:
Moontop shall not store your personal data longer than is legally permitted and necessary for the purposes of providing services. The retention period depends on the type of data and the purpose of processing. The maximum retention period may therefore vary. Moontop shall take reasonable steps to keep personal data accurate and to delete inaccurate or unnecessary personal data.
Right of access – you have the right to access and be informed about your personal data processed by us. We give you the opportunity to access certain data via your user account on the Moontop application or to request copies of your personal data using the contact details above.
Right to withdraw consent – if the processing is based on the consent given by you, you can revoke your consent at any time. Revoking consent may reduce the ability to use the Moontop application. However, it shall not affect the legal validity of the processing based on the consent given prior to its withdrawal.
Right to rectify – you are entitled to correct or amend inaccurate or incomplete personal data that we have stored by contacting us. You may correct or update some of your personal data through your user account in the Moontop application.
Right to erasure – you may also ask us to delete your personal data from our system, for example, when such data are no longer necessary for the purpose for which they were collected. We will comply with such a request unless we have a legitimate reason not to delete such data. Please bear in mind that, if you wish to delete such data, we will not be able to provide you with the services or certain features of those services.
Right to object – you are entitled to object to a certain use of your personal data if such data have been processed for a purpose other than that necessary to perform services, or to comply with legal obligations. For example, you may request that we stop processing your personal data for the purposes of direct marketing or market profiling based on legitimate reasons. If you object to the further processing of your personal data, this may result in a reduced ability to use our services.
Right to restriction of processing – you may ask us to restrict the processing of your data, for example, when your request for data erasure, rectification or objection is pending and/or when we do not have legitimate grounds to process your data. In case of restriction of processing, your data will be stored and will not be further processed. For example, if you dispute the accuracy of your data, the processing of such data will be restricted until we make sure that the data is accurate. This may, however, reduce the ability to use our services.
Right to data portability – when processing is carried out automatically on the basis of a contract or consent, you are entitled to receive personal data provided to us in a structured and commonly used format and independently transfer such data to third parties.
How to exercise your rights – the above rights may be exercised by sending a letter or e-mail to the addresses listed above, which contain the following information: full name, address, e-mail address and phone number. We may also ask you to provide additional information if necessary to verify the identity of the User. We may reject requests that are unreasonably repetitive, excessive, or manifestly unfounded.
We may send you information, news and offers about Moontop services based on the customer relationship between you and Moontop. In other cases, we will not advertise directly to you without your explicit consent. The User has the right to prohibit the use of personal data for the purposes of direct marketing, market research and profiling for direct marketing purposes, by contacting us at the addresses listed above or by disabling the function on the device on which they use the Moontop application.
In the event that the User believes that our processing of personal data does not comply with the applicable data protection laws, a complaint may be submitted to the local supervisory authority for data protection.
We apply administrative, organizational, technical and physical safeguards to protect the personal data we collect and process. For example, some of the measures include, where appropriate, encryption, pseudonymization, firewalls, secure facilities and access right systems. Our security controls are designed to maintain an appropriate level of confidentiality, integrity, availability, resilience, and data restore capabilities. We regularly test systems and other elements for security vulnerabilities.
If, despite security measures, a security breach occurs that may have negative effects on the User’s privacy, we shall notify the User and other affected parties, as well as relevant institutions when required by applicable data protection laws, of the breach as soon as possible.
These Terms and Conditions of Service shall be in force as a binding agreement until further notice, as long as the User uses the Moontop application.
The User may discontinue the use of the Moontop application at any time. Moontop may at any time permanently discontinue or suspend the use of the Moontop application and thereby permanently discontinue or suspend the provision of the Moontop service.
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