This Policy for the processing of personal data (hereinafter - the Policy) defines the general principles and procedure for the processing of personal data and measures to ensure their security in the ApiWay service.
1. Terms and definitions
1.1. Account is the User’s account, identified by the data specified during registration and the number of the contract of accession, which uniquely and completely determines the amount of data in the broad sense that belongs to the User. Data in the broad sense means any data entered by the User (for example, information about goods and sales, settings, content, files, images, etc.) or arises in the process of using the Program (for example, statistics on site visits, sales data etc.).
1.2. Account registration is the User’s action signaling his intention to conclude a License Agreement, expressed in clicking on the “Register” button or using other authorization methods (account in social networks, etc.). As a result of Activation, the Account is assigned a unique accession agreement number (identifier).
1.3. Personal data subject - an individual to whom Personal data relates.
1.4. Website (Site) - a set of integrated software and hardware and hardware, as well as information intended for publication on the Internet and displayed in a specific text, graphic or sound form.
1.5. License - a simple non-exclusive right to use the Program to the extent and extent established by the ApiWay.ai service.
1.6. Personal Account - the User account identified by the User’s email address.
1.7. Control Panel is the User interface in the Program that allows the User to change the available settings of the Program and carry out other provided actions available in the Program.
1.8. Software extensions (extended functionality of the Program) - an integral part of the Program allocated to an additionally connected amount of functionality offered to the User at the discretion of the ApiWay service.
1.9. ApiWay Server (Server) - a hardware complex consisting of several server computers, configured and administered in such a way as to ensure sufficient performance of the Program when used by the User.
1.10. Email - for the Licensor, the address email@example.com; for the User: the address provided when registering the Account. Each of the Parties undertakes to independently provide its access to e-mail, sufficient to receive the necessary notifications under this Agreement.
1.11. CRM system is an application software designed to automate work, store contacts, strategies for interacting with customers (customers), in particular, to increase sales, optimize marketing and improve customer service by storing customer information and history of relationships with them, the establishment and improvement of business processes, the subsequent analysis of the results, etc. Other terms are interpreted in accordance with the legislation.
1.12. Software (Software Product) - ApiWay computer program, which is a collection of data and commands designed to operate computers and other computer devices in order to obtain a specific result and the audiovisual displays generated by it, as well as program extensions to her.
2. General Terms
2.1. This Policy defines the procedure for working with Users' Personal Data and (or) transmitted by Users and the requirements for ensuring their safety, as well as the procedure for working with other data used by Users through the Service (including data entered into the Service from the User’s CRM system).
2.2. Measures to ensure the security of personal data are an integral part of the activities of the Licensor.
2.3. The contractual relationship between the Licensor and the User is governed by the License Agreement.
3. Personal Data Processing Principles
3.1. The processing of Personal Data by the Licensor is carried out in accordance with the following principles:
3.1.1. Legality and fair basis for the processing of Personal Data. The Licensor takes all necessary measures to comply with the requirements of the Legislation, does not process Personal Data in cases where this is not permitted by the Legislation.
3.1.2. The licensor does not in any case store or transmit the Personal data that is generated as a result of the operation of the software.
3.1.3. Processing only those Personal Data that meets the previously announced goals for their processing. The Licensor processes Personal Data solely for the purpose of fulfilling contractual obligations to the User. The Licensor does not process data entered into the Software by Users from the User’s CRM or in any other way.
3.1.4. The User’s personal data can be used for the following purposes: sending information on contractual obligations, recommendations for setting up the software, emergency communication to solve software failures or other violations of the agreed operation algorithms, other requests to the User regarding work and interaction with the software and its components. Span >
3.1.5. Ensuring the accuracy, sufficiency and relevance of Personal Data in relation to the purposes of processing Personal Data. The Licensor takes all reasonable measures to maintain the relevance of the processed Personal Data, including, but not limited to the exercise of the right of each Subject to receive its Personal Data for review and to require the Licensor to clarify, block or destroy it if the Personal Data is incomplete, outdated, inaccurate, illegally obtained or not necessary for the processing purposes stated above.
3.1.6. Storage of Personal Data in a form that allows you to define a User of Personal Data no longer than is required by the purposes of processing Personal Data, unless the storage period for Personal Data is established by federal law, an agreement to which the User of Personal Data is a party or beneficiary.
3.1.7. Inadmissibility of combining personal information systems databases created for incompatible purposes.
4. Personal Data Processing Terms
4.1. The processing of Personal Data by the Licensor is allowed in the following cases:
4.1.1. With the consent of the User to the processing of his Personal Data.
4.1.2. When transferring Personal Data of the Subject of Personal Data by the User. The User guarantees that he has previously obtained from the Personal Data Subject consent to transfer data to the Licensor.
4.1.3. Personal data is subject to publication or mandatory disclosure in accordance with the Legislation.
4.2. The licensor does not disclose to third parties, does not distribute and does not have access to the Personal data of third parties entered by the user in the software.
4.2.1. The Licensor does not disclose to third parties and does not distribute the Personal data of the subjects of the Personal data transmitted to the Licensor by a representative of the legal entity.
4.3. The Licensor does not process Personal Data relating to special categories relating to racial and national affiliation, political views, religious or philosophical beliefs, health status, intimate life of the Personal Data Subject, on the membership of the Personal Data Subject in public associations, with the exception of cases expressly provided for by the Legislation .
4.4. The Licensor does not carry out Cross-border transfer of Users' Personal Data, with the exception of cases expressly provided for by the Legislation.
4.5. The Licensor does not make decisions that give rise to legal consequences for the User or otherwise affect the rights and legitimate interests of the Users, based on exclusively automated processing of Personal Data. Data having legal consequences or affecting the rights and legitimate interests of Users is subject to verification before use by authorized employees of the Licensor.
5. Collection and processing of Personal Data and other Data
5.1. The Licensor collects and stores only those Personal Data / Data that is necessary for the provision of services and interaction with the User.
5.2. Personal data (and other Data transmitted by the User) can be used for the following purposes:
5.2.1. Provision of services to the User.
5.2.2. User Identification.
5.2.3. Interaction with the User.
5.2.4. Sending advertising materials, information and requests to the User.
5.2.5. Conducting statistical and other studies.
5.3. The Licensor agrees to use the Personal Data in accordance with the law and the internal documents of the Licensor.
5.4. With regard to Personal Data and other User Data, their confidentiality is maintained, except when the specified data is publicly available.
5.5. The Licensor has the right to save an archive copy of Personal Data and other Data, including after deleting the User’s account.
5.6. The Licensor has the right to transfer Personal Data and other User Data without the consent of the User to the following persons:
5.6.1. To state bodies, including bodies of inquiry and investigation, and local authorities at their motivated request.
5.6.2. To the Licensor's partners in order to fulfill contractual obligations to the User.
5.6.3. In other cases expressly provided by applicable law.
5.7. The Licensor has the right to transfer Personal Data and other Data to third parties not specified in clause 4.6 of this Policy in the following cases:
5.7.1. The user has expressed consent to such actions.
5.7.2. The transfer is necessary as part of the User's use of the ApiWay service.
5.7.3. The transfer takes place as part of a sale or other transfer of business (in whole or in part), and all obligations to comply with the terms of this Policy are transferred to the acquirer.
5.8. Licensor carries out automated processing of Personal Data and other Data.
5.9. Access to the ApiWay service, which contains Personal Data, is provided by a password system. Passwords are set by authorized employees of the Licensor and individually communicated to employees of the Licensor with access to Personal Data / Data.
5.10. The User, at his own request, has the right to provide the Licensor's technical support service with access to the User’s account on the ApiWay system for the purpose of technical support. Access is carried out using login and password. Upon access, the Licensor receives the right to view data (Personal Data) without the right to copy (change).
6. Changing Personal Information
6.1. The user can at any time change (update, supplement) the Personal data through the Personal Account or by sending a written application to the Licensor.
6.2. The user has the right to delete Personal Data / Data at any time.
7.1. The Licensor ensures the confidentiality of the Personal Data / Data processed by him in the manner prescribed by the Legislation. No confidentiality is required regarding:
7.1.1. Personal data after anonymization.
7.1.2. Personal data, access to an unlimited circle of persons to which is provided by the User or at his request (hereinafter - Personal Data made publicly available by the User).
7.1.3. Personal data subject to publication or mandatory disclosure in accordance with the Legislation.
8. Consent of the Personal Data Subject to the processing of personal data
8.1. The user decides to provide his Personal Data to the Licensor and agrees to its processing freely, by his own will and in his interest.
8.2. If the User represents a legal entity in relations with the Licensor, the User must first obtain the consent of the Personal Data Subject to transfer his Personal Data to the Licensor.
8.3. Consent to the processing of Personal data / Personal data of the subjects of Personal data transferred to the Licensor must be specific, informed and conscious and is provided by the User at the time of his registration in the ApiWay service, as well as in any form that confirms the fact of its receipt, unless otherwise specified Legislation.
8.4. The personal data of persons who entered into contractual obligations with the Licensor, contained in the unified state registers of legal entities and individual entrepreneurs, are public and public, with the exception of information on the number, date of issue and the authority that issued the identity document of the individual. The protection of their confidentiality and the consent of the Users to the processing is not required.
9. Rights of Personal Data Entities
9.1. The User has the right to receive information regarding the processing of his Personal Data / Personal Data of the subjects of Personal Data transmitted to the Licensor by a representative of a legal entity. The User has the right to demand from the Licensor clarification of his Personal data / Personal data of the subjects of Personal data transmitted to the Licensor by a representative of a legal entity, in particular their blocking or destruction if the Personal data is incomplete, outdated, inaccurate, illegally obtained or is not necessary for the declared processing objectives, as well as take statutory measures to protect their rights.
9.2. If the User considers that the Licensor is processing his Personal Data in violation of the requirements of the Legislation or otherwise violates his rights and freedoms, the User has the right to appeal the actions or omissions of the Licensor to the authorized body for the protection of the rights of subjects of Personal Data or in court.
9.3. The user has the right to protect his rights and legitimate interests, including compensation for losses and (or) compensation for moral damage in court.
10. Third Party Personal Information Used by Users
10.1. Using the ApiWay service, the User has the right to enter data of third parties for subsequent use.
10.2. The User undertakes to obtain the prior consent of the Personal Data Subject for their use in the ApiWay service.
10.3. The User (representative of the legal entity) is fully responsible to the Personal Data Subjects for claims received from the Personal Data Subjects to the Licensor.
10.4. The Licensor undertakes to take the necessary measures to ensure the safety of the Personal data of third parties entered by the User.
11. Other Provisions
11.1. Current Law is applicable to this Policy and the relations between the User and the Licensor arising in connection with the application of the Policy.
11.2. All possible disputes shall be resolved in accordance with the Legislation at the place of registration of the Licensor. Before going to court, the User must comply with the mandatory pre-trial procedure and send the Licensor a corresponding written complaint. The claim response period is 30 (thirty) business days.
11.4. The Licensor has the right at any time to modify this Policy (in whole or in part) unilaterally without prior approval from the User. All changes take effect the day after posting on the ApiWay service.
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