Liy Wan app

By using the software application Liy Wan (hereinafter “Liy Wan”), you acknowledge that you have read these terms and conditions, understand them, and agree to be bound by them. If you do not agree with these terms and conditions, you must not use Liy Wan. Please read the following Terms of Use and any accompanying documentation, carefully before you use the application Liy Wan.

1. Contents and availability

Liy Wan consists of the entire web application, i.e., the texts as well as the programming source code with which texts are generated.

The use of Liy Wan is licensed to You by the Max-Planck-Gesellschaft zur Förderung der Wissenschaften e.V., here represented by the managing director Prof. Dr. Antje Meyer, acting for the Max Planck Institute for Psycholinguistics, with offices at Wundtlaan 1, 6532XD Nijmegen, The Netherlands (hereinafter: Licensor) subject to these Terms of Use.

The Licensor does not bear any responsibility for i) third-party contents, ii) for the use of Liy Wan different from the original one (see purpose below), iii) for the accessibility via external links, iv) nor for its availability.

2. Purpose

The Licensor has built Liy Wan for the purpose of the public with a tool that allows to collect responses from parents via app. The use and output of Liy Wan can only be complementary to and neither replace informed judgement, nor can it be used as a stand-alone recommendation.

3. Rules of use

You accept to use Liy Wan non-commercially and for the aforementioned purpose. You are not authorized to make the contents of the use of Liy Wan available to third parties. In duly substantiated exceptional cases, the Licensor may restrict Your right to use Liy Wan.

4. Proprietary rights to the contents of Liy Wan

You agree to respect copyrights, rights to names, trademarks and other intellectual property rights, if any, of the Licensor and of third parties when making use of Liy Wan. By enabling access to the use of Liy Wan, the Licensor does not grant any licence nor any other right of use.

5. Improper use of the use of Liy Wan

You agree to refrain from any improper use of the use of Liy Wan; in particular, no security precautions must be circumvented. Liy Wan may not be used to create fake, libellous, misleading, or defamatory content of any kind.

Furthermore, no facilities may be used nor may any applications be run that could lead to a damage or a performance failure of any of the facilities from which the use of Liy Wan is provided, in particular through changes in the physical or logical structure of the servers or its network or of any other network. No commercial, systematic use of the use of Liy Wan is permitted without the Licensor's consent.

6. Limitation of Liability (for Civil Law Countries)

Without prejudice to Licensor´s responsibility for tort or for violation of mandatory laws of the Federal Republic of Germany, the Licensor shall not be liable for any damages You incur when using this use of Liy Wan.

7. Representation, Warranty, Limitation of Liability, Indemnification (for Common Law Countries)

7.1 Representation and Warranty

LICENSOR REPRESENTS THAT LICENSOR HAS ALL RIGHTS REQUIRED TO MAKE AVAILABLE AND DISTRIBUTE THE MATERIALS. EXCEPT FOR SUCH REPRESENTATION, THE MATERIALS ARE PROVIDED “AS IS” AND “AS AVAILABLE” AND WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES IMPLIED BY ANY COURSE OF PERFORMANCE OR USAGE OF TRADE, ALL OF WHICH ARE EXPRESSLY DISCLAIMED.

WITHOUT LIMITING THE FOREGOING, LICENSOR DOES NOT WARRANT THAT: (A) THE MATERIALS ARE ACCURATE, COMPLETE, RELIABLE OR CORRECT; (B) THE MATERIALS FILES WILL BE SECURE; (C) THE MATERIALS WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; (D) ANY DEFECTS OR ERRORS WILL BE CORRECTED; (E) THE MATERIALS AND ACCOMPANYING FILES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR (F) THE RESULTS OF USING THE MATERIALS WILL MEET DOWNLOADER’S REQUIREMENTS. DOWNLOADER’S USE OF THE MATERIALS IS SOLELY AT DOWNLOADER’S OWN RISK.

7.2 Limitation of Liability

IN NO EVENT SHALL LICENSOR BE LIABLE UNDER CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE OR ANY OTHER LEGAL THEORY WITH RESPECT TO THE MATERIALS (I) FOR ANY DIRECT DAMAGES, OR (II) FOR ANY LOST PROFITS OR SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER.

7.3 Indemnification

You will indemnify and hold Licensor harmless from and against any and all loss, cost, expense, liability, or damage, including, without limitation, all reasonable attorneys’ fees and court costs, arising from i) Your misuse of the use of the Application Liy Wan; (ii) Your violation of these Terms of Use; or (iii) infringement by You or any third party of any intellectual property or other right of any person or entity contained in the use of the Application Liy Wan. Such losses, costs, expenses, damages, or liabilities shall include, without limitation, all actual, general, special, and consequential damages.

The following provides mandatory data concerning the provider of this app, obligations with regard to data protection, as well as other important legal references involving the LiY Wan app as required by German law.

The provider of this app within the legal meaning of the term is the registered association Max Planck Society for the Advancement of Science e.V.

Max-Planck-Gesellschaft zur Förderung der Wissenschaften e.V.
Hofgartenstraße 8
80539 Munich
Germany

+ 49 (89) 2108 - 0
www.mpg.de

The app is hosted and developed by the Max-Planck-Institut für Psycholinguistik (in English, the "Max Planck Institute for Psycholinguistics"). 

Max-Planck-Institut für Psycholinguistik
P.O. Box 310
6500 AH Nijmegen
The Netherlands

+31 (0)24 3521 911
www.mpi.nl

The Max-Planck-Institut für Psycholinguistik is an institute of the Max Planck Society for the Advancement of Science e.V..

Register of societies and Associations

The Max Planck Society is registered in the Official Register of Societies and Associations at Berlin-Charlottenburg Local Court under the register number VR 13378 B.

Representatives

The Max Planck Society is legally represented by its Board of Directors which, in turn, is represented by the President of the Society, Prof. Dr. Martin Stratmann and by Secretary General Dr. Simone Schwanitz.

Value added tax identification number

The value added tax identification number of the Max Planck Society is DE 129517720.

Editors

Responsible editors for the contents of the Liy Wan app with regard to media law are:
Max-Planck-Institut für evolutionäre Anthropologie, Dept. of Comparative Cultural Psychology
Represented by Prof. Dr. Daniel Haun

Deutscher Platz 6
04103 Leipzig

Phone.: +49 (341) 3550 - 157
E-Mail: forschungsreise@[>>> Please remove the text! <<<]eva.mpg.de

Developer 
The developer of the LiyWan app is:
Peter Withers
Peter.withers@[>>> Please remove the text! <<<]mpi.nl
Max-Planck-Institut für Psycholinguistik 

Legal structure

The Max Planck Society is a non-profit research facility which is organized as a registered association. All of the institutes and facilities of the Max Planck Society are largely autonomous in terms of organization and research, but as a rule have no legal capacity of their own.

Liability 

As the provider of contents in accordance with Section 7 Paragraph 1 of the Tele-Media Law, the Max Planck Society shall be responsible for any contents which it makes available for use in accordance with general legal provisions. The Max Planck Society makes every effort to provide timely and accurate information on this app. Nevertheless, errors and inaccuracies cannot be completely ruled out. Therefore, the Max Planck Society does not assume any liability for the relevance, accuracy, completeness or quality of the information provided. The Max Planck Society shall not be liable for damage of a tangible or intangible nature caused directly or indirectly through the use or failure to use the information offered and/or through the use of faulty or incomplete information unless it is verifiably culpable of intent or gross negligence. The same shall apply to any downloadable software available free of charge. The Max Planck Society reserves the right to modify, supplement, or delete any or all of the information offered on its app, or to temporarily or permanently cease publication thereof without prior and separate notification.

The Max-Planck-Gesellschaft zur Förderung der Wissenschaften e.V. (MPG) takes the protection of your personal data very seriously. We process personal data gathered when using our app in compliance with applicable data protection legislation. We neither publish your data nor transmit them to third parties on an unauthorized basis.In the following section, we explain which data we record when you use one of our apps, and exactly how they are utilized:

A. General information

1. Scope of data processing

As a matter of principle, we gather and utilize users' personal data only to the extent required to ensure the functioning of our website and of our contents and services. The gathering and utilization of our users' personal data normally occurs after users have granted their consent.

2. Legal basis of data processing

To the extent that permission of the affected individual is obtained for the processing of personal data, Article 6 (1) lit. as of the EU General Data Protection Regulation (GDPR) serves as the legal basis.

3. Data deletion and storage duration

The affected individual's personal data are deleted or blocked as soon as the purpose of the storage ceases to apply. 

4. Contact details of the individuals responsible

The entity responsible in the meaning of the General Data Protection Regulation and other national data protection acts as well as other data protection legislation is the
Max-Planck-Gesellschaft zur Förderung der Wissenschaften e.V. (MPG)
Hofgartenstrasse 8
D-80539 Munich
Telephone: +49 (89) 2108-0
Internet: https://www.mpg.de

Via

Max Planck Institute for Evolutionary Anthropology, Dept. of Comparative Cultural Psychology
Represented by Prof. Dr. Daniel Haun
Deutscher Platz 6
04103 Leipzig
Phone : +49 (341) 3550 - 157
Fax: +49 (341) 3550 - 444
Internet: www.eva.mpg.de

E-Mail: forschungsreise@[>>> Please remove the text! <<<]eva.mpg.de

5. Data Protection Officer's contact details

The Data Protection Officer at the entity responsible is
Heidi Schuster
Hofgartenstrasse 8
D-80539 Munich
Telephone: +49 (89) 2108-1554
E-mail: datenschutz@[>>> Please remove the text! <<<]mpg.de

B. Provision of the app and creation of log files

Each time you use our app, our service and applications automatically record data and information from your phone.
The following data are gathered temporarily:

• Your IP address
• Date and time of your access to the app
• Name and version of your browser/operating system (if transmitted) 

These data are stored in our systems' log files. These data are not stored together with the user's other personal data.
The legal basis for the temporary saving of data and log files is Article 6 (1) lit. f GDPR. Storage occurs in log files in order to ensure the app's functionality. The data also help us optimize the app, eliminate malfunctions and ensure our IT system security. Our justified interest in data processing pursuant to Article 6 (1) lit. f GDPR also lies in such purposes.
The data are deleted as soon as they are no longer required to achieve the purpose for which they were gathered. If data are gathered for the provision of the app, this is the case if the respective use of the app is ended. In the instance that data are stored in log files, this is the case after seven days at the latest. Storage above and beyond this period is possible. In this case, the users' IP addresses are deleted or removed so they can no longer be allocated to the visiting client.
The recording of data for the provision of the app and the storage of data in log files is essential to operate the app. As a consequence, users do not have an option to revoke such data recording. 

C. Registration

In our app, we offer users the option to register, entailing the entry of a participant code in a data entry form. We inform you about the specific processing of the data and we obtain your consent as part of the registration procedure. The legal basis for the processing of data is the user's consent pursuant to Article 6 (1) lit. a GDPR. If registration serves to fulfil a contract whose contractual party is the user or to implement pre-contractual measures, the additional legal basis for the processing of data is Article 6 (1) lit. b GDPR.

The data are deleted as soon as they are no longer required to achieve the purpose for which they were gathered. This is the case for data gathered during the registration process if registration is cancelled or modified in our app. As a user, you can cancel the registration at any time.

D. Data transmission

Your personal data will only be transmitted to government organisations and authorities in legally required cases and/or for prosecution in the event of attacks on our network infrastructure. Your personal data are not provided to third parties for any other purpose.

E. Rights of individuals affected

As an individual whose personal data are gathered as part of the aforementioned services, you have, in principle, the following rights, to the extent that no legal exceptions are applicable in individual cases:

• Information (Article 15 GDPR)
• Correction (Article 16 GDPR)
• Deletion (Article 17 (1) GDPR)
• Restriction of processing (Article 18 GDPR)
• Data transmission (Article 20 GDPR)
• Revocation of consent (Article 7 (3) GDPR)
• Right to complain to the regulator (Article 77 GDPR). For the MPG, this is the Bavarian Data Protection Authority (BayLDA), Postfach 1349, 91504 Ansbach