Information Services Agreement
This Information Services Agreement accessible online at https://help.mail.ru/legal/terms/mytracker/eng/agreement (the Agreement) regulates relations between VK LLC (OGRN (Primary State Registration Number in Russia) 1027739850962; 39 bldg 79, Leningradskiy prospect, Moscow, Russia, 125167), hereinafter referred to as the Company, and you, hereinafter referred to as the User, during rendering of information services by the Company, including organizing participation as a listener in webinars the Company hosts, hosting such webinars, and providing the Company's information materials (the Services).
By entering into this Agreement and performing actions to participate in webinars, view and use the Company's information materials, the User agrees to all the terms and conditions of the Agreement; which, means accepting the offer (the Agreement) and conclusion of an agreement between the Company and you.
By participating in webinars, as well as viewing and using the Company's information materials, the User agrees to all the conditions hereof, as amended as at the moment of using the Website.
1. Terms and Definitions
1.1. The User means a natural person having legal capacity to enter into this Agreement. The User is a Party to this Agreement.
1.2 A Webinar means an event (a seminar, class, conference, meeting, etc.) held online and intended for providing the listeners (the Users) with information and knowledge for their professional and/or personal development.
1.3. Information Content (the Company Content) means content the exclusive rights to which belong to the Company or its partners and which can only be used hereunder, to the extent and on the terms stipulated in the Agreement (including but not limited to webinars, webinar recordings, studies, electronic books, brochures, presentations, etc.).
1.4. The Partner (Partners) means (mean) third party/parties providing, under the corresponding contracts with the Company, access to website software (functions of such websites) to enable the Company host webinars and form the digital database of information content, access to which the Company grants to the Users hereunder.
The Company Services are rendered free of charge, through the websites of the third parties, the Company's Partners. In this case, the Company Services may only be rendered to a user if such a user accepts and agrees to this Agreement.
2. Terms of Accession to this Agreement
2.1. Before participating in a webinar and using the Company Content, the User is obliged to read and accede to this Agreement.
2.2. The User shall accede hereto on the website registration page at the domain https://tracker.my.com/ and all levels of the above domain name by filling out the registration form and clicking the Submit Request button or any other similar button. By performing such actions, the User accepts the offer and thus enters into the Agreement.
The Company processes the User data to ensure proper execution of this Agreement on the terms and in the manner stipulated in Section 6 hereof.
2.3. By submitting any consequent webinar participation request, participating in webinars, or using the Company Content, the User agrees to the terms of this Agreement, as amended as at the moment of submitting a webinar participation request, participating in a webinar, or using the Company Content.
2.4. If the User does not agree to the terms of this Agreement, the User shall be entitled to not submit a webinar participation request, participate in a webinar, or use the Company Content.
3. Subject Matter and Website Description
3.1. Under this Agreement, the Company shall render free Services to the User, including organizing Users' participation in the Company's webinars as listeners, hosting such webinars, and providing the Company's information content for personal use—in the manner stipulated herein, unless otherwise provided by this Agreement.
3.2. As part of the Services rendered, the Users shall be entitled to submit a request to participate in online webinars the Company hosts, using the functions of the website where such a webinar is hosted (including viewing virtual presentations and content the speaker demonstrates, communicating with other Users (webinar listeners) in the chat, and asking questions to the speaker), receive invitations to and submit requests to participate in private webinars the Company hosts, and request the Company's information content.
4. Rights and Obligations of the Users
4.1. The User must provide credible personal information and other required details when registering for a webinar. The User shall be personally liable for providing misleading information and/or details.
4.2. The User agrees to receive from the Company news and informational messages via email, to the address the User specifies while registering for a webinar.
The User shall be entitled to unsubscribe from news and informational messages. As one of the ways to unsubscribe, they can send the Company a refusal.
4.3. The User shall respect other Users; the User shall not publish any information that other Users and/or third parties may find offensive, discrediting honor, dignity and business reputation of such Users and/or third parties.
4.4. The User shall not be allowed to use, for any purposes, any elements or other components of the Partner website, or any other content that is subject to copyright of the Company, the Partner, or third parties, unless the User has a permission of respective copyright holders.
4.5 The User undertakes to read the effective version of this Agreement published at https://tracker.my.com/legal/information-service-agreement so they are aware of the amendments made to the terms hereof. By participating in the webinar, creating and submitting a webinar participation request, and/or using the Company's information content, the User is considered agreeing to all the changes made to the terms of this Agreement after such changes come into force. The Company reserves the right to notify the Users of the changes.
4.6. The User shall be entitled to refuse to participate in webinars and information services the Company renders. As one of the ways to refuse, the User can send the Company a request to terminate rendering of such services.
4.7. While using the Website, the User shall comply with the applicable legislation and the terms of this Agreement.
4.8. The laws of some jurisdictions (e.g. GDPR in EU) may provide User with various rights in connection with our processing of certain information. Please note these rights may be limited in certain circumstances as provided by applicable law.
Such rights may include:
(a) Right to access your personal information;
(b) Right to rectify your personal information: you can request that we update, block or delete your personal data, if the data is incomplete, outdated, incorrect, unlawfully received or no longer relevant for the purpose of processing;
(c) Right to restrict the use of your personal information;
(d) Right to request that your personal information is erased;
(e) Right to object to processing of your personal information;
(f) Right to data portability (in certain specific circumstances);
(g) Right not to be subject to an automated decision;
(h) Right to lodge a complaint with a supervisory authority.
5. Rights and Obligations of the Company
5.1. The Company shall manage the website https://tracker.my.com/ where the User can submit a webinar participation request. The Company shall define the structure, appearance of the website; manage the Users' access to the website and the Services; in case of violation of the terms of this Agreement, the Company may exercise other vested rights.
5.2. The website https://tracker.my.com/ and webinar registration pages (with request forms) shall be provided as is. The Company cannot guarantee or promise any specific results, advantages, or rights associated with the use of the website and/or the aforementioned pages.
5.3. The Company cannot guarantee there will be no website/page downtimes caused by technical faults, maintenance, etc. However, the Company shall take commercially viable measures to ensure round-the-clock operation of the website. The Company cannot guarantee that the website, the aforementioned pages, or any elements of the website operate at any specific time and never shut down.
5.4. The Company shall not be held liable for the Internet connection on the User's side or for the quality of services of Internet service providers with which the User entered into Internet services agreements.
5.5. The User agrees that the Company reserves the right to terminate provision of information content and/or granting access to webinars at any time without prior informing of the User.
5.6. Access may be terminated inter alia for the following reasons:
a) violation of the applicable legislation and/or this Agreement;
b) request from governmental authorities, based on applicable legislation;
c) unexpected technical problems or security-related circumstances;
d) disturbances of the website https://tracker.my.com/, webinar registration pages, Company Content, and/or software of the Company Partners or its functional parts (e.g. a player) provided to enable the Company to render the Services, including the use of any devices, software, etc.
5.7. The Company shall be entitled to suspend, restrict, or terminate User access to information content and/or webinars, if the Company finds out that the User violates the terms hereof, without providing any explanation of such restrictive measures.
6. Processing User Information and Details
6.1. This section contains special regulations that describe the conditions of using User data; these regulations have direct action and priority in relation to other rules governing the relations between the parties during rendering of the Services by the Company.
6.2. The relations associated with processing information, including but not limited to collecting, using, storing, distributing, and protecting User data, are regulated by this Agreement and applicable legislation.
6.3. The Company shall not verify information the User provides and cannot evaluate accuracy thereof or judge whether the User has sufficient legal capacity to provide such information. However, the Company assumes the User provides credible and sufficient information for fulfilling the obligations under this Agreement.
6.4. The Company processes User data and details adhering to the following principles:
- legitimacy of the purposes and methods of processing personal data;
- fair practices of the Company;
- adequacy of the purposes of processing data and details to the purposes defined and stated during collection thereof and to the Company's authorities;
- adequacy of the volume and nature of processed data and details, methods of processing thereof, to the purposes off processing data and details;
- inadmissibility of combining User data databases created for incompatible purposes.
6.5. The table below specifies the information the Company collects and processes when the User gets access to and uses the Website; it also specifies the purposes of collecting and processing the information.
Account information the User specifies when filling out a webinar participation form to get full access to the functions of the Services website page; this information is also used for providing the Company's information content (first name, last name, email, phone, occupation—employer name).
The Company uses this information to fulfill its obligations to the Users while rendering information services thereto, including accepting webinar participation requests, granting access to the webinars the Company hosts, and providing digital information content.
Performance of the Agreement
Additional information the Company collects when the User accesses the Services website page, including the host IP, operating system type (desktop or mobile), browser type, and provider details.
The Company uses this information for internal control—to continuously improve quality of the Services it renders, prevent any errors that may occur during the use of the Services website pages, notify the User about the changes, personalize experience of using the Services website, and show (send) advertisements and/or information messages.
Information contained in cookies.
The Company uses this information so it can fulfill its obligations to the Users in terms of granting the Users access to Personal Accounts and the Partner website (e.g. for User Authentication, saving User settings); and for statistical purposes.
Information required to enable automatic granting of access to the Services to the Users (first name, last name, email)
The Company employs this information to render the Services to the User; including functions that enable automatic granting of access to the Partner software (that the Company uses to render the Services under this Agreement) to the User; to send messages to remind the User of an upcoming event the User is going to take part in.
Performance of the Agreement
Upon the appropriate User consent they give during filling out a webinar participation request on the registration page, the Company uses this information to send the User email or text messages related to rendering of the Services or inviting to take a survey related to the Services rendered (or to make calls for the same purpose).
Performance of the Agreement
6.6. The User hereby gives their consent to processing of the aforementioned information by the Company with or without the use of automation means for the purposes of executing this Agreement and rendering the Services to the User—through collecting, recording, systematizing, accumulating, storing, updating, collating, extracting, using, and transferring data, specified in the Line 4 of the table to the Company Partners; including cross-border transferring, anonymizing, blocking, removing, and deleting the User data.
6.7. The User hereby gives their consent to processing of the Information specified in clause 6.18 in third-party’s (HubSpot, Inc.) CRM service used by the Company to perform the Agreement, namely to automate interaction with Users. Terms of such processing are specified in clause 6.18.
6.8. The User also agrees that the Company delegates the Partners for the purposes of fulfilling the Company's obligations to the User in terms of appropriate rendering of the Services under this Agreement—in cases when the Company Services are rendered with provision of functional capabilities of the Company Partners' websites; also during granting access to a webinar, communicating in chats, asking questions to webinar speakers, providing the Company's information content, and sending notifications about the upcoming and previous events and content related to such events, processing information specified in the Line 4 of the table, by collecting, recording, receiving, collating, systematizing, using, updating, storing, and transferring to the Company, anonymizing, blocking, and deleting.
6.9. The User also agrees that during participation in webinars, including communication in chats and asking questions to webinar speakers, their data (first name and last name) are or may be disclosed to other Users and the speaker themselves—for the purposes of establishing communication and exchanging information during a webinar, and may be copied and distributed by such Users and the speaker.
6.10. If the User withdraws their consent to processing and does not provide information the Company needs to fulfill its obligations under this Agreement, the User will not be able to receive the Services the Company renders.
6.11. The Company shall store the User data and other information during the term of this Agreement between the User and the Company; after expiration hereof, the Company shall stores the User data and other information during the period required and stipulated by the effective and applicable legislation.
6.12. The Company shall store the User data and other information until the purposes of processing thereof, stipulated by this section and the Agreement, are fulfilled.
6.13. The Company shall take technical, organizational, and legal measures to ensure protection of the User data from unauthorized or accidental access to, deletion, modification, blocking, copying, distribution, and/or other illegal manipulation with such data.
6.14. The Company shall take technical security measures in compliance with the applicable legislation, advanced technology, nature of the information processed, and risks associated with processing such information.
The information shall be processed mostly automatically, without access thereto granted to Company employees and/or contractors. If such access is granted to the Company employees and/or contractors, it shall only be granted to the extent necessary for such parties to perform their job duties or fulfill the obligations under the agreement with the Company. With that, such parties shall be obliged to adhere to the security requirements when accessing the information. To protect and ensure privacy of the data, all employees and/or contractors shall adhere to the internal data processing rules and procedures. The aforementioned parties also shall adhere to all technical and organizational security measures as stipulated by the applicable legislation and required to protect the User data.
6.15. Information regarding the data the Company processes (including the User data) for the purposes of fulfilling the obligations hereunder, shall be provided to the User or a representative thereof upon request.
6.16. The requests shall be sent in writing to the Company's address, or in any other form as stipulated by the applicable legislation.
6.17. The User shall be entitled to withdraw their consent to processing of their personal data by sending a written claim to the Company's address as prescribed by the applicable legislation.
6.18. The email address of our DPO is firstname.lastname@example.org
6.19. International Transfers
The Company may transfer and maintain on our servers or databases some of your personal information outside the European Economic Area (EEA) including in Russia.
The countries to which we transfer your data may not have the same data protection laws as your jurisdiction. We take reasonable cyber security measures and/or put in place the Standard Contractual Clauses (e.g. Model Clauses, Data Processing Agreement/Addendum) to ensure your data is adequately protected.
7. Intellectual Property Rights
7.1. The exclusive rights to the website https://tracker.my.com/ and all pages thereof under the domain name https://tracker.my.com/, including but not limited to computer programs, databases, interface, technical advancements, logotype, trademark, other means of customization, intellectual property (copyright items or items of other rights) used on the website and enabling the website functions, shall belong to the Company.
7.2. Except for the cases as prescribed by this Agreement and legislation of the Russian Federation, the website https://tracker.my.com/ and components thereof, including those listed in the above item, shall not be copied (reproduced), processed, distributed, displayed in a frame, published, downloaded, transferred, sold, or otherwise used in whole or in part, without the prior written permission of the Company.
7.3. Nothing contained in this Agreement shall entitle the User to use the logotype, name, trademarks, domain names, or other distinctive marks of the Company.
7.4. The exclusive rights to the digital content base shall belong to the Company. The User shall be entitled to use such content in the following ways: viewing the content provided via email (to the address the User specified while registering for a webinar), saving the content to the device storage free of charge, only for the personal, non-commercial purposes, anywhere in the world, during the term of this Agreement.
Other ways of using the Company Content not clearly stipulated hereby, shall be prohibited. The User shall be liable for violating the ways of using the Company content as per the civil legislation of the Russian Federation, including intellectual property law.
8. Final Provisions
8.1. This Agreement, as well as amendments and supplements hereto, shall come into force when published at https://tracker.my.com/legal/information-service-agreement.
8.2. All disputes associated with concluding, interpreting, executing, and terminating this Agreement shall be settled by the Parties through negotiation. Pre-trial dispute resolution (by the Parties making claims to each other) shall be binding. The Party that receives a claim shall review it within 30 (thirty) calendar days after reception thereof.
8.3. If a dispute cannot be resolved through negotiation, the Parties may appeal to judicial agencies for resolving such a dispute. In such a case, the dispute shall be submitted to the appropriate court at the Company location, unless otherwise is stipulated by the legislation of the Russian Federation (or other applicable legislation).
8.4. This Agreement may be terminated by agreement of the Parties or upon request of either Party on the ground and in the manner as stipulated by the effective applicable legislation.
8.5. The User shall be entitled to terminate this Agreement by sending a written notice thereof to the Company, to the address: SkyLight Business Center, 39 bldg 79, Leningradskiy prospect, Moscow, Russia, 125167. This Agreement shall be deemed terminated after 7 business from the day when the Company received the User's notice.
8.6. For questions related to executing this Agreement, please resort to the Company at its location: 39 bldg 79, Leningradskiy prospect, Moscow, Russia, 125167.
March 2, 2022