Last updated: November 2023

Privacy statement

This privacy statement applies to the mobile app Moaner or Shwidget or Bfidget (the “App”) and Moaner or Shwidget or Bfidget websites that can be visited through the App (the “Website”). Both together are referred to as “Services”.

1. General

With regard to the Services, the App  is the data controller in terms of the General Data Protection Regulation (“GDPR”).

Appsipaja Oy, KUUSALANTIE 22 02400 KIRKKONUMMI, Finland, Email: mikko@appsipaja.fi (later referred as: Moaner)

This privacy statement provides information about how we collect and process personal data in connection with our Services.

2. Data that we collect and process

a. In general, you can use the Services without providing any personal information such as e.g. your name, email address, postal address, telephone number, financial information (all such information concerning the personal or material circumstances of an identified or identifiable individual data subject together “Personal Data”). Therefore, unless otherwise provided for in this privacy policy if you do not provide us directly with Personal Data in another way or actively consent to the Use by us of certain Personal Data, we do not Use your Personal Data.

b. In connection with the use of the App a random user number (hash value) is generated for you that allows us to allocate your Moaner activities (for example but not limited to: Moans, Moanzones and follows) to an account. The use of such number is required for the registration of your account (as without such value we cannot connect your activities within the App to your account and therefore a use of the App would not be possible). We cannot relate this number or the account to your name or other personal information of you. 

c. We assign the following data to the user number and store them:

• Your interaction with the App, such as:
  • Your Moans with saved parameters;
  • Your Moanzones;
  • Your followed nicknames;
  • Your nickname (which is handled not as your personal name, even if you set your nickname your personal name)
• Technical data transmitted by your mobile device, such as:
  • The date of registration of your account;
• Data on the approximate location where the accuracy varies based on your own choice and by the variation of location service used by Apple and Google (WLAN, GPS and other satellite positioning systems, radio cell). Apple and Google will optimize themselves which approach will yield the best results in a given situation for the user with the least strain on the battery life. Moaner has no influence over this process.
• Your real location is never saved or sent anywhere, only that location, you choose to set for a Moan.
• Contact details (e-mail address) when you contact us.

d. We also process data on the frequency of use and user behaviour in the App for the purpose of operating the App as well as statistical evaluation and improvement of the App.

3. How and for what purpose we process data, and the legal basis of such processing

a. Except in the cases mentioned below, we will only disclose personal data if and to the extent that we are required to do so by law or by court or administrative order. The legal basis for this is Art. 6 (1) lit. c GDPR (legal obligation).

b. For the registration to Moaner and for the generation of your random user number we use the data which we received from Google through your registration to Moaner. This relies on the pre-contractual or. contractual measures between you and Moaner according to Art. 6 (1) lit. b GDPR.

c. We use your user number to connect activities in the App with your account and, thus, to enable the operation of the App, as well as for identification purposes if you assert the data protection rights to which you are entitled. To make Moaner a safe place, we take violations of the Moaner terms of use very seriously and violations will cause immediate deletions of the account.

d. We process the above-mentioned data for the following purposes and in the following ways:

• Moans, Moanzones and followers: On the operation of the App, in particular on the presentation of the contents generated by you in the App; the legal basis for such processing is Art. 6 (1) lit. b GDPR (performance of a contract and pre-contractual measures);
• Technical data: To distinguish actual App users from bots, to prevent misuse and to block illegal content reported by other users; in anonymous form also for the purpose of statistical analysis; the legal basis for such processing is Art. 6 (1) lit. f GDPR (legitimate interests; legitimate interest in being able to distinguish users from bots, prevent misuse and block illegal content);
• Other data: To personalize the user experience in relation to the App and to provide information tailored to your profession, gender, age or university; we may also use information about your age to check whether you are old enough to use the App; the legal basis for such processing is Art. 6 (1) lit. f GDPR (legitimate interests; legitimate interest in using and analysing the relevant data to improve the App, for example to better understand your interests, to help you your user experience or to offer you functions specific to your demographic target group);
• Location data: To provide localised and location-based information in the App and thus ensure the full functionality of the App; the legal basis for such processing is Art. 6 (1) lit. b GDPR (performance of a contract and pre-contractual measures) and Art. 6 (1) lit. a GDPR (your consent or voluntary information);
• Contact details: To reply to your request and to verify the facts in light of the rules and circumstances applicable in your country; the legal basis for such processing is Art. 6 (1) lit. f GDPR (legitimate interests; legitimate interest in us replying to your requests);

4. Use of analysis, advertising and other third-party tools

a. We use the IDFA (for iOS devices) and AAID (for Android devices) advertising identifiers (collectively the “Advertising Identifiers”). These Advertising Identifiers are non-personal, non-permanent identifiers on the mobile device. We do not combine these Advertising Identifiers with any other information relating to the device or the user’s personal data. The Advertising Identifiers collect the user number and enable us to obtain information about which route you used to connect with Moaner.

We may share such data with so-called advertising networks in order to provide you with advertising in the App that is more relevant / specific to you.

You can disable access to the Advertising Identifiers in your device’s settings by turning off ad tracking on iOS (under “Settings/Privacy/Advertising”) or resetting the AAID to Android (under “Settings/Advertising”). 

The legal basis for the use of Advertising Identifiers is Art. 6 (1) lit. f GDPR (legitimate interests; we have a legitimate interest in being able to offer specific advertising).

b. We also analyze data of usage to better understand user preferences through user actions. Next to our own analytics we also use the following tools:

aa. Google Analytics

Within our app, you may be redirected to our website. In this case we use Google Analytics, a web analytics service provided by Google Ireland Limited, Gordon House, Barrow Street, Dublin 4, Ireland (“Google”). Google Analytics uses “cookies”, which are text files placed on your computer, to help analyze how you use the Website. The information generated by the cookie about your use of the Website will normally be transmitted to and stored by Google on servers in the United States. Google will use this information on behalf of the operator of the Website for the purpose of evaluating your use of the Website, compiling reports on Website activity and providing other services for the Website operator relating to Website activity and internet usage. You may refuse the use of cookies by selecting the appropriate settings on your browser, however please note that if you do this you may not be able to use all functions of the Website. You can also opt-out from the storage by Google of the data that is created by the cookie and is related to the use of the Website (including your IP address) and the processing of such data by Google by downloading and installing the Google Analytics opt-out Browser add-on available under https://tools.google.com/dlpage/gaoptout?hl=en. For further information on Google Analytics please refer to: http://www.google.com/analytics/terms/gb.html,https://support.google.com/analytics/answer/6004245?hl=en, http://www.google.de/intl/en-GB/policies/privacy/.

Since a transfer of personal data to the U.S. takes place, further appropriate safeguards are required to ensure the level of data protection under the GDPR. To guarantee this, we have concluded standard contractual clauses with the provider in accordance with Art. 46 Para. 2 lit. c GDPR. These oblige the recipient of the data in the U.S. to process the data according to the level of protection in Europe. In cases in which this cannot be guaranteed even by this contractual extension, we endeavour to obtain additional regulations and commitments from the recipient in the U.S.

The data will be deleted as soon as it is no longer necessary for the purpose for which it was collected.

cc. Google Ad Manager

We use the “Google Marketing Platform” (and services such as “Google Ad Manager”) to place ads with us. The Google Marketing Platform is characterised by the fact that ads are displayed in real time based on the presumed interests of users. This allows us to better target ads for and within our online offerings in order to show users only ads that potentially match their interests. For example, if a user is shown ads for products that he or she has been interested in on other websites, this is called “remarketing”. For this purpose, so-called user profiles are created, by means of which the user information relevant to the display of the aforementioned content is stored. This information may include, for example, the content viewed, websites visited, online networks used, but also communication partners and technical details such as the browser used, the computer system used and information on usage times. If users have consented to the collection of their location data, this data may also be processed.

Service provider: Google Ireland Limited, Gordon House, Barrow Street, Dublin 4, Ireland, parent company: Google LLC, 1600 Amphitheatre Parkway, Mountain View, CA 94043, USA; Website: https://marketingplatform.google.com; Privacy Policy: https://policies.google.com/privacy.

dd. Google Firebase

We use the Google Firebase developer platform and related features and services provided by Google Ireland Limited, Gordon House, Barrow Street, Dublin 4, Ireland (“Google”).

Google Firebase is a platform for developers of applications (“Apps”) for mobile devices and websites. Google Firebase offers a variety of features, which are described on the following overview page: https://firebase.google.com/products/.

These features include, but are not limited to, the storage of Apps, including personal information about the users of the Apps, such as content created by them or information regarding their interaction with the Apps (so-called “cloud computing”). Google Firebase also offers interfaces that allow interaction between users of the App and other services, e.g. authentication via services such as Facebook, Twitter or via an email/password combination.

The evaluation of user interactions and the performance of the App is carried out with the help of the analysis services “Crashlytics” and “Google Analytics”. Google Firebase is designed to record how users interact with an App. This involves recording events such as opening the App for the first time, uninstalling, updating, crashing or the frequency of use of the App. The events can also be used to record other user interests, e.g. for certain functions of the applications or certain topics. In this way, user profiles can also be created, which can be used, for example, as a basis for the presentation of advertising messages tailored to users.

Google Firebase and the users’ personal data processed by Google Firebase may also be used together with other Google services, such as Google marketing services (in which case device-related information such as “Android Advertising ID” and “Advertising Identifier for iOS” are also processed to identify users’ mobile devices).

We use Google Firebase for:

Providing and managing your user account on Moans, analysis, optimization, security and economic operation of our application. This is also our legitimate interest pursuant to Art. 6 para. 1 lit. f GDPR.

In case you gave your consent pursuant to Art. 6 para. 1 lit. a GDPR data on this website is processed for the purpose of website analysis.

Since a transfer of personal data to the U.S. takes place, further appropriate safeguards are required to ensure the level of data protection under the GDPR. To guarantee this, we have concluded standard contractual clauses with the provider in accordance with Art. 46 Para. 2 lit. c GDPR. These oblige the recipient of the data in the U.S. to process the data according to the level of protection in Europe. In cases in which this cannot be guaranteed even by this contractual extension, we endeavour to obtain additional regulations and commitments from the recipient in the U.S.

The data will be deleted as soon as it is no longer necessary for the purpose for which it was collected.

Further information on the use of data for marketing purposes by Google can be found on the overview page: https://www.google.com/policies/technologies/ads, Google’s data protection declaration is available at https://www.google.com/policies/privacy.

If users wish to opt-out of interest-based advertising through Google’s marketing services, they may do so by using the opt-out and opt-in facilities provided by Google: http://www.google.com/ads/preferences.

For more information about Google Firebase, please visit: https://firebase.google.com/https://www.firebase.com/terms/privacy-policy.html. A detailed overview of the data collected by Google Firebase can be found at https://support.google.com/firebase/answer/6318039?hl=de.

ee. If you decide to deactivate (some of) the tools described in this section 3.b (to the extent this is possible), please note that certain features and functionalities of the Services might not work or might not be accessible to you.

c. The legal basis for the processing of the data described in section 3a (to the extent such data is to be considered Personal Data) is Art. 6 (1) sentence 1 lit. f GDPR (legitimate interests; the legitimate interests to Use such data is that we can only offer the App to users for free if we are in a position to efficiently display relevant advertisements in the app).

The legal basis for the processing of the data described in the section 4b (to the extent such data is to be considered Personal Data) is Art. 6 (1) sentence 1 lit. f GDPR (legitimate interests; the legitimate interests to Use such data is that we use and analyze the respective data (i) to improve our Services, such as by gaining a better understanding of your interests and requirements regarding our Services, (ii) to help personalize your user experience, (iii) to recognize user patterns in order to protect the App against bots, abusive members and abusive content, and (iv) to provide you with certain features of the Services (without us using such data some of the functionalities of the Services might not work or might not be accessible (this applies, in particular, to the tools mentioned above in sections 4.b, aa, bb, cc, dd; with regard to item (iv) such processing of data is also based on Art. 6 (1) sentence 1 lit. f (legitimate interests)).. If we ask the users for their consent to the use of third party providers, the legal basis for the processing of data is the consent in accordance with Art. 6 para. 1 sentence 1 lit. a GDPR.

6. Technical implementation of third-party software

In some cases we use service providers who process personal data on our behalf to provide the technical platform for the Services. These service providers process corresponding data exclusively according to our specifications (order processing). The legal basis for data processing described in this section 4 is Art. 6 (1) lit. b GDPR (lawfulness of processing) and Art. 28 GDPR (processor).

7. Storage period for personal data

Unless a shorter storage period is specified in this privacy statement, we will store personal data for as long as (i) it is necessary to provide the Services to you; and/or (ii) it is necessary in view of the contractual relationship with you. Thereafter, the data will only be stored if and to the extent that we are obliged to do so by law. If we no longer need the relevant personal data for the purposes described above, these personal data will only be stored for the duration of the respective statutory retention obligations and will not be processed for other purposes.

8. Your rights

You have the following rights regarding your personal data:

Right to information

You have the right to request information about your personal data processed by us in accordance with Art. 15 GDPR.

Right to rectification

The right to immediately request the correction of incorrect or complete personal data stored by us in accordance with Art. 16 GDPR.

Right to have data erased

You have the right to have your personal data erased in according with Art. 17 GDPR. According to this provision, your right to have your data erased may be excluded due to a conflicting interest.

Right to restriction

You have the right to have the processing of personal data concerning you limited in accordance with Art. 18 GDPR.

Right to withdraw the given consent

You have the right to withdraw your given consent to the processing of your personal data at any time according to Art. 7 para. 3 GDPR.

Right to data portability

The right to receive your personal data that you have provided to us in a structured, current and machine-readable format or to request its transfer to another person responsible in accordance with Art. 20 GDPR.

The right to receive your personal data that you have provided to us in a structured, current and machine-readable format or to request its transfer to another person responsible in accordance with Art. 20 GDPR.

Right to complain to a data protection regulatory authority

The right to complain to a supervisory authority pursuant to Art. 77 GDPR. As a rule, you can contact the supervisory authority of the federal state in which we have our registered office or, if applicable, that of your usual place of work or usual residence.

Right to object

Right of objection If your personal data is processed by us on the basis of legitimate interests pursuant to Art. 6 para. 1 lit. f GDPR, you have the right to object to the processing of your personal data in accordance with Art. 21 GDPR, insofar as this is for reasons resulting from your particular situation. If the objection is directed against the processing of personal data for the purpose of direct marketing, you have a general right of objection without the requirement to indicate a special situation.

9. Contact; data protection officer

You can contact us at the e-mail address hello@moanerapp.com stated in section 1 above and/or via the contact form in the App or on our website.

For all questions regarding data protection at Moaner you can contact Moaner’s data protection officer directly.

10. Protection of personal data

We attach great importance to the protection of all personal data related to the App or its use. We have security measures in place for protection against the loss, misuse and alteration of the data we store. Our security measures and privacy statement are regularly reviewed and, where appropriate, updated and improved. Only authorised employees have access to personal data.

We have taken additional, extensive precautions regarding the App and its use. Regardless of these precautions, the user should be aware that, regardless of any security measures, the exchange of information via the Internet can never be completely secure. We cannot guarantee the security of data transmitted via the App while it is being transmitted over the Internet.