USER AGREEMENT dated 04.03.2019
Version 2.0 dated 04.03.2019
This User Agreement (the Agreement) regulates the relations between Law Firm ďGorodissky & PartnersĒ Ltd., a legal entity existing under the laws of Russia and registered at 25, Bolshaya Spasskaya street, building 3, Moscow, 129090, Russia (the Firm), and any person (the User) visiting or using websites www.gorodissky.ru or www.gorodissky.com (jointly, the Websites). By using the Websites in any way, the User accepts the terms and conditions of this Agreement specified here below without reservation, accedes to this Agreement, and accepts all obligations and risks as described below.
YOU ARE A USER AND YOU SHOULD READ THIS AGREEMENT BEFORE YOU PROCEED TO THE WEBSITES. IF YOU DO NOT AGREE WITH THIS AGREEMENT, PLEASE DO NOT USE THE WEBSITES.
1. General Provisions
1.1. The Firm is the owner of these Websites and the administrator of the domain names gorodissky.ru and gorodissky.com. The Firm hereby grants access to the Websites, and the User undertakes to use them appropriately within the limits set forth herein.
1.2. The main purpose of the Websites is to provide the Users with information about the Firmís activities and establish communication channels between the Users and the Firm through web forms (the Feedback Forms) and mailings. The information about the Firm may be updated from time to time without any notice.
1.3. In no case shall the Websites contain any public offers for rendering legal, patent, or any other services by the Firm.
1.4. The information on the Websites does not constitute legal, financial, tax, audit, or any other advice. Such information should be used for reference only. The Firm waives any liability for the use of such information by the User. Before taking any action or refusing to take (refraining from) any actions based on the information contained on the Websites, the User shall seek advice from the corresponding professional of the Firm.
1.5. The Website contains the information on the Firmís offices (including branches and standalone subdivisions), affiliates, and business partners. The Firm makes every effort to ensure that this information is up-to-date. However, it is recommended that the User independently contact the said offices / persons to clarify their activities using the contact details provided on the Websites.
1.6. The Firm has the right to unilaterally amend the terms and conditions of this Agreement without special notice to the User. The valid version of the Agreement is always available on the Websites. The User shall check from time to time the up-to-date terms and conditions of the Agreement.
1.7. This Agreement is made in Russian and English. In case of any discrepancy between the Russian and English texts, the Russian text shall prevail.
2. Intellectual Property Rights
2.1. The Firm owns the duly registered intellectual property (exclusive) or license rights to the Websites as a whole and to all results of intellectual activity posted thereon including, among other things, texts, photos, charts, graphic pictures, other images, computer programs, including source codes and object codes, video and audio recordings, other copyrights, databases, trademarks and service marks as well as the composition and arrangement of the above items on the Websitesí pages, design of the Websites, including their appearance, colour palette selection, structure, and fonts (jointly, the Content).
2.2. The User shall respect the Firmís rights to the Content and refrain from any actions that may directly or indirectly result in infringement of the Firmís rights to the Content or facilitate any such infringement by a third party.
3. Use of the Websites
3.1. The Firm grants the User a non-exclusive gratuitous right to use the Content worldwide in the following ways:
ó access and read the Content by launching the Websites in the browser window during the Userís web session;
ó record any pages of the Websites or their fragments on a digital data medium (for example, a hard drive or a flash drive) or print them out and use for the purpose set forth in clause 1.2 hereof provided that the User observes the following restrictions. It is prohibited to: (i) distribute copies (printouts) of any pages of the Websites or fragments thereof or create multiple copies of such webpages unless such actions are necessary for the purpose mentioned above; (ii) delete, change, or hide copyrights or other IP protection signs and notices; (iii) record (print) any pages of the Websites or their fragments if they contain prohibition notices or software tools preventing such actions; and (iv) change or add the Content; and
ó cite the Content to the extent necessary for the legitimate purpose of citing provided that the Websites are indicated as the sources of citation (by a hyperlink reference).
3.2. The User shall have no right to sublicense any of his/her rights specified in clause 3.1 hereof.
3.3. The User shall have the rights set forth in clause 3.1 hereof provided that he or she complies with all provisions of this Agreement. A breach of any clause hereunder entails automatic and immediate termination of the Userís rights to use the Websites without a specific notice.
3.4. The Firm may, at its sole discretion, terminate or limit access to the Websites for a single User or a group of Users without explanations.
3.5. It is prohibited for the User to
ó reproduce the Content in any printed periodical publication and further distribute the copies of such periodical publication, broadcast or broadcast via cable the Content and make it available to public without the Firmís prior consent;
ó access the settings of the Websites that are not intended for all Users or unauthorized Users;
ó use logins and passwords of other Users and take any other actions aimed at misrepresenting as another User;
ó use the Content in any ways not specified in clause 3.1 hereof including, but not limited to processing, decompiling, and incorporating in composite works;
ó create any phishing web resources or other web resources confusingly similar to the Websites or the Content;
ó take any actions with regard to the source code of the Websites;
ó circumvent the navigation system of the Websites and take any actions aimed at causing inappropriate functioning of the Websites, slowing down or impeding their operation, artificially increasing the load on servers and communication channels;
ó circumvent antiviruses, firewalls, and security tools of the Websites and their hosting servers;
ó search and use vulnerabilities of the Websites;
ó access the Websites using web bots other than official web crawlers belonging to search engines;
ó use the Feedback Forms for the purposes other than those set forth by the Firm;
ó send malware, advertisements, spam, or fraudulent messages through the Feedback Forms;
ó track the actions of other Website Users and check their identities;
ó take any actions contradicting the laws of the Russian Federation and (or) the country where the User is located;
ó incite any other persons to take the above actions; and
ó take any other actions prohibited by the terms and conditions of this Agreement.
4. Feedback Forms
4.1. The Firm may place the Feedback Forms on the Websites to apply for vacant jobs, subscribe to information and marketing mail-outs, contact the Firmís employees, and send any other messages (jointly, the Messages).
4.2. In some Feedback Forms, there will be a field to specify the organization represented by the User. If this field is filled out, the Firm will consider the User as an authorized representative of the said organization. In all other cases the User shall send the Messages on his or her own behalf and solely for his or her own benefit.
4.3. The Messages not corresponding to the purpose of the Feedback Form (to be indicated in the header) may be deleted without consideration.
4.4. The Websites shall contain a Feedback Form to contact the Firmís employees. The User shall take into account that the Messages addressed to a particular employee may be also available to other employees (for example, assistants or employees responsible for mail handling). In this regard, the User shall refrain from sending any personal messages or strictly confidential materials not intended for disclosure to any person other than the direct addressee.
4.5. The Feedback Forms shall not be intended for sending any materials containing legally protected secrets (attorney-client privilege, secrecy of investigation, bank secret, etc.).
4.6. The Firmís clients, contractors, and any other contracting parties shall not use the Feedback Forms for correspondence during work under the agreements entered into with the Firm.
5.1. The Websites support informational and marketing mailings. The Firm is the owner of the distributed information. If necessary, any interested persons may rely on the Firmís company name, location, address, and e-mail provided in this Agreement.
5.2. The Users may change the subscription conditions at any time and unsubscribe in the relevant sections of the Websites. The Firm shall have the right to cancel the subscription of any User or refuse to subscribe him or her without explanation and at the Firmís sole discretion. The Firm shall not unilaterally change the topics of mailings.
5.3. The User must not subscribe to the mailings with a third-party email address.
6.1. The Websites may contain private accounts for the Firmsí clients (the Accounts). Access to the Accounts shall be subject to the registration and authentication.
6.2. The registration shall be completed only once. The registration includes creation of a unique login and password for the User who is a Firmís client. The credentials are provided as agreed upon with the Firm. The Firm may set up login and password change rules for the security purposes.
6.3. Every time the User wishes to use his/her Account the User shall pass the authentication. In particular, the User shall key in his/her login and password in the relevant web form and push the button to submit the credentials to the Firm. After that, the User will be recognized as an authorized representative of the Firmís client. Such User will be authorized to act on the Websites on behalf of the said client unless he/she logs out.
6.4. The User acting as a Firmís client must not take screenshots, save, or print pages of the Account except for the pages equipped with the relevant tools.
7. External Links
7.1. The Websites may contain links to third-party resources. The Firm uses its best efforts to exclude any links to unreliable, fraudulent, or similar web resources. Such web resources are beyond the scope of this Agreement. The Firm shall not bear any liability for the content and functioning of third-party web resources expressly including any possible damage that the Users may suffer on the said web resources.
8. No Warranty
8.1. ACCESS TO THE WEBSITES SHALL BE PROVIDED TO THE USER ON AN ďAS ISĒ BASIS. THE FIRM HEREBY WAIVES ALL WARRANTIES WITH RESPECT TO THE CONTENT AND THE WEBSITES. AMONG OTHER THINGS, THE FIRM NEVER WARRANTS TO THE USER THAT: (i) the Websites ARE FREE FROM program errors, interruptions AND THAT THEY ARE compatible with the Userís devices and correctly displayed on such devices; (ii) the Websites and EVERY SINGLE PAGE THEREOF will be permanently accessible to the User; (iii) the Websites contain complete, exhaustive, accurate, error-free information ABOUT the Firm and its activities THAT IS appropriate for the Userís needs, and reference, news, and analytical materials on legal and other issues; (iv) when printing or recording to a DIGITAL medium, the pages of the Websites will look the same as they look online; (v) the Websites do not contain information, access to which is prohibited or restricted in the country where the User is located; and (vi) the Websites do not contain information that, in the Userís opinion, may be incorrect or offensive.
8.2. When using the Websites, the User should rely on his or her own antiviruses, firewalls, and other information security tools. The Firm useS ITS BEST EFFORTS to PROTECT the Websites from hacking attacks, cybercrimes, and other THIRD-PARTY actions THAT ARE harmful and dangerous to the User. However, the Firm waives any warranties that a third partY will be UNable to illegally use the Websites and their Content to the DETRIMENT of the user.
9. Limitation of Liability
9.1. The Firm shall not be liable for any breach of the obligations under the Agreement and for any losses incurred by the User as a result of using the Websites, except as due to the Firmís wilful intent. The Firm shall not be liable for any other damage to the User, unless it is caused by the Firmís fault.
9.2. The User shall be fully liable for any breach of this Agreement or any infringement of the Firmís intellectual property and other rights according to the applicable law as defined in clause 11 hereof and the laws applicable at the Userís location (if the Userís actions constitute a crime or other offence under the laws of such country).
10.1. The Userís Account login and password shall constitute confidential information. The User must not disclose these credentials to a third party or use and store them so that a third party may access them.
10.3. Any messages submitted through the Feedback Form shall be confidential and shall not be disclosed by the Firm, except when: (i) the sender has requested in writing to disclose the Message to a third party or to publish it; (ii) the Message shall be disclosed by the decision of a competent court or on a lawful inquiry of law-enforcement and any other state authorities as well as by virtue of the applicable law (clause 11 hereof); (iii) access to the Message shall be provided to the Firmís service providers conducting technical support and maintenance of the Websites and the Firmís computer systems provided that they entered into a confidentiality agreement covering the Messages; and (iv) the Messages contain the information on the committed or imminent crimes, or administrative offences, or their signs.
11. Applicable Law and Dispute Resolution
11.1. This Agreement and all relations between the Parties in connection with the use of the Websites shall be regulated by the laws of the Russian Federation.
11.2. All disputes arising out of this Agreement or connected with the use of the Websites shall be finally resolved by a court at the location of the Firm.
12.1. Any inquiries on the issues related to the operation of the Websites and any notices of infringement of copyright and (or) related rights shall be sent via e-mail email@example.com or to the postal address: 25, bldg 3, Bolshaya Spasskaya street, Moscow, 129090, Russia.
1.2 This Policy is based on the Constitution of the Russian Federation, the Federal Law On Information, Information Technologies and Information Security No. 149-‘« dated 27 July 2006, the Federal Law On Personal Data No. 152-‘« dated 27 July 2006 and other data protection and processing regulations of Russia.
1.3 This Policy sets forth the main principles, purposes, procedure and conditions of the personal data processing and the implemented data security requirements. The purpose of this Policy is to ensure that the data subjectsí rights and freedoms are protected.
1.4 This Policy is permanently published (posted) on the Websites to ensure unimpeded access to this Policy.
1.5 The personal data is processed in the Russian Federation and in accordance with the laws of the Russian Federation (the Applicable Laws).
2. MAIN TERMS AND DEFINITIONS
2.1 Unless otherwise expressly stated herein, this Policy shall be applied, construed and interpreted according to the following terms in singular or plural, whether capitalized or regular.
∑ Applicable Laws shall mean the laws of the Russian Federation.
∑ Feedback Forms shall mean web forms intended for sending electronic messages to the Operator.
∑ Information shall mean details (messages, data), regardless of their form.
∑ Operator shall mean Law Firm Gorodissky & Partners LLC.
∑ Data Blocking shall mean temporary suspension of personal data processing (except where the processing is required to clarify personal data).
∑ Collection of Personal Data shall mean a dedicated process of obtaining the Personal Data directly from the Users.
∑ Destruction of Personal Data shall mean any actions resulting in impossibility to restore the contents of the Personal Data in the Personal Data Information System and (or) in the destruction of media containing Personal Data.
∑ Distribution of Personal Data shall mean any actions aimed at the public disclosure of the Personal Data.
∑ Personal Data Information System shall mean a set of personal data contained in databases together with information technologies and data processing tools.
∑ Data Processing shall mean an action (operation) or set of actions (operations) with the Personal Data as described in this Policy.
∑ Provision of Personal Data shall mean any actions aimed at the disclosure of personal data to a particular person or a particular group of persons.
∑ Personal Data shall mean any information relating to a directly or indirectly identified or identifiable individual (data subject).
∑ Personal Data Storage shall mean a process of keeping systematized Personal Data in the Operatorís possession.
∑ Personal Data Subject shall mean an individual to whom the Personal Data pertain.
∑ User shall mean an individual visiting (using) the Websites according to the User Agreement .
3. DATA PROCESSING PRINCIPLES
∑ Operator shall process the Personal Data on a legal and fair basis;
∑ Data Processing shall be limited to concrete, pre-determined and lawful purposes;
∑ Data Processing incompatible with the purposes of the Collection of Personal Data is prohibited;
∑ Integration of databases containing the Personal Data, which is processed for the purposes incompatible with each other, is prohibited;
∑ Personal Data shall be processed only if it meets the Data Processing purposes;
∑ Contents and scope of the Personal Data being processed shall meet the declared processing purposes; it is prohibited to process excessive Personal Data as compared to the declared processing purposes;
∑ Accuracy, sufficiency and, where necessary, relevancy to the purposes of the Data Processing shall be ensured. The Operator shall take all necessary actions (or ensure that they are taken) to delete or clarify incomplete or inaccurate Personal Data;
∑ Personal Data shall be stored in the form enabling identification of the Data Subject for no longer than it is required for the purposes of the Data Processing unless otherwise agreed and the Data Subject shall act as a party, beneficiary or guarantor under such agreement. Unless otherwise established by law, the processed Personal Data shall be destroyed when the processing purposes are achieved or become irrelevant.
4. PERSONAL DATA CATEGORIES AND PROCESSING PURPOSES
4.1 The Usersí Personal Data may be processed on the Websites for the following purposes:
∑ Mailings and promotion of services;
∑ Events registration;
∑ User account; and
∑ Other purposes determined as set forth in the Operatorís internal documents.
Specific purposes may be also specified in a Feedback Form.
4.2 The Feedback Forms shall be composed in a way ensuring that the contents and scope of the Personal Data are consistent with the declared processing purposes.
4.3 The Operator shall not process sensitive categories of the Personal Data, such as race, national identity, criminal record, political views, and religious or philosophical beliefs. No biometric Personal Data of the Users (for example, photos) shall be processed on the Websites.
4.4 The Operator shall never collect the Personal Data secretly. The Websites may contain analytical services calculating visits, assessing the level of visitorsí interest and any other similar tools collecting and analysing solely depersonalized information (not personal data). The Websites may automatically save cookies (small technical text files) to the Userís computer. Such cookies shall not contain the Personal Data and they shall not be used for establishing the identity of the User. If the User does not want to save the said files to his or her computer, he or she may at any time change the browser settings and delete the files already saved using the standard functions of the browser.
4.5 The Operator shall not use the Websites to process any financial information or credit card details of the Users.
5. LEGAL GROUNDS FOR DATA PROCESSING
5.1 The legal grounds for the Data Processing include a set of legal acts, according to which the Operator processes the Personal Data and protects the Data Subjectsí rights.
5.2 The legal grounds for the Data Processing with the use of the Websites include the following legal rules: Article 10 of the Federal Law On Information, Information Technologies and Information Security No. 149-‘« dated 27 July 2006, Article 18 of the Federal Law On Advertising No. 38-‘« dated 13 March 2006, Article 6 (1) (1, 5) and Article 14(3) of the Federal Law On Personal Data No. 152-‘« dated 27 July 2006, and other regulations depending on the specific processing purposes.
6. DATA PROCESSING PROCEDURE AND CONDITIONS
6.1 The Personal Data shall be processed on the Websites with and without the automation tools within the time period as necessary for the processing purposes. The Operator may cease the Data Processing upon achieving the processing purposes, Data Subjectsí consent withdrawal, winding-up of the Operatorís business or the Websites, or changing the Websitesí functions.
6.2 The Operator uses the Websites to collect, record, extract and use the Usersí personal data. The Operator may perform transborder transfer of the Personal Data if and where necessary and subject to the Applicable Laws. Prior to a transborder transfer, the Operator shall check whether the country where the Personal Data will be transferred ensures an adequate level of protection of the Data Subjectsí rights.
6.3 Other operations with the Personal Data, including storage, shall be carried out without the Websites. These operations are regulated by the Operatorís internal documents.
6.4 In order to communicate with the Users, the Operator provides the Feedback Forms and processes the submitted inquiries for the purpose of liaising with the Users. The Operator does not keep the inquiries on the Websites. All inquiries are forwarded for processing to the authorized employees. The Operator shall process only those Userís Personal Data that is specified in appropriate fields of the Feedback Forms. For example, such Personal Data may include the following (depending on a specific Feedback Form): full name; contact details; data contained in the CV and its attachments; name of the employer; position; message content; and others. The Operatorís employees do not use the Websites for sending responses to the Usersí inquiries.
6.5 The Websites offer mailings to the Users. The Users may determine the mailing topics, such as: advertisements, reviews of laws and case law, news, reference information, and other materials. The Operator may organize the mailings with or without the Usersí Personal Data as described below:
6.5.1 Subject to the Userís consent, the Organizer may collect the Personal Data (for example, full name, contact details, positions, employer name, etc.) through the relevant mailing web-form and use it to customize the mailings, direct targeted advertisements, and for other similar purposes;
6.5.2 User may key in his/her email address in the relevant mailing form. In such a case, no Personal Data shall be processed and no information relating to a directly or indirectly identified or identifiable individual shall be requested or collected.
6.6 The Users may register for an informational or marketing event on the Websites. Full name, contact details, position, and other Personal Data may be processed for the registration purposes. The User may receive the registration confirmation or refusal by e-mail or phone.
6.7 The Users, acting as the Operatorís clients shall complete their online registration to use their accounts. For this purpose, they shall provide the Operator with their full names, contact details (i.e. emails), logins and passwords chosen by the Users, and other Personal Data through the relevant Feedback Form.
6.8 The Operator shall always process the Personal Data upon the Usersí consent unless otherwise prescribed by the laws of Russia.
6.9 For the declared purposes, the Operator may disclose the Personal Data to third parties, including its affiliated companies, and assign the Data Processing to a third party processor according to an agreement which must contain confidentiality clauses and other mandatory clauses prescribed by the Applicable Laws.
6.10 The Operator always collects the Personal Data based on the following:
∑ all Personal Data belongs only to the User who filled out the Feedback Form (use of third-party data is prohibited);
∑ User is 18 or older and he/she is legally capable; and
∑ User has provided accurate and up-to-date Personal Data.
If the Operator believes that any of the above conditions is not met, the Operator may request that the User clarify the Personal Data prior to considering his/her message.
6.11 When collecting the Personal Data, the Operator shall ensure recording, systematizing, accumulating, storing, clarifying (updating, changing) and retrieving of the Personal Data of the Russian Federation citizens with the use of the databases located in the territory of the Russian Federation.
6.12 The Usersí Personal Data constitute confidential information according to the Applicable Laws. The Operator shall take actions necessary and sufficient to ensure due performance of the obligations prescribed by the Russian personal data law. If necessary, the Operator shall take the following actions aimed at protecting the Data Subjectsí rights:
∑ Appointment of the data protection officer;
∑ Application of legal, organizational and technical measures ensuring the security of the Personal Data as prescribed by the Applicable Laws;
∑ Assessment of harm that may be caused to the Data Subjects in case of a data breach, correlation between the said harm and measures taken by the Operator to ensure performance of the obligations established by the Russian personal data law;
6.13 The Personal Data security shall be ensured by the Operator, in particular, by:
∑ Determining the data security threats during the processing in the Personal Data Information Systems;
∑ Applying organizational and technical measures to ensure the data security during its processing in the Personal Data Information Systems according to the data protection requirements corresponding to the data protection levels established by the Government of the Russian Federation;
∑ Applying the information security tools that were assessed according to the prescribed procedure for compliance assessment;
∑ Assessing the efficiency of the measures taken to ensure data security before putting the Personal Data Information Systems into operation;
∑ Keeping records of digital media;
∑ Detecting unauthorized access to the Personal Data and implementing the relevant measures;
∑ Recovering the Personal Data modified or destroyed as a result of the unauthorized access;
∑ Setting forth the rules for access to the Personal Data processed in the Personal Data Information Systems and ensuring the registration and record of all actions taken with regard to the Personal Data in the Personal Data Information Systems; and
∑ Controlling the data security measures and the data protection level relevant for the Personal Data Information System.
6.14 The Operator hereby publishes the information on the implemented data protection requirements. As necessary and subject to the threats relevant to the information systems ensuring the operation of the Websites, the Operator shall comply with the following requirements (or ensure their implementation by the third-party processors):
∑ Ensures the security of premises accommodating the information systems to prevent any person without appropriate access rights from uncontrolled intrusion or stay in these premises;
∑ Ensures the safety of data media;
∑ Adopts a list of employees whose work duties require access to the Personal Data processed in the information systems (by a CEOís decision);
∑ Uses information security tools, of which compliance with the information security requirements of the applicable laws is duly assessed and confirmed, when such tools are necessary for the neutralization of actual threats; and
∑ Appoints an employee or a business unit as a data protection officer.
7. DATA SUBJECTSí RIGHTS
7.1 The User shall have the right to
∑ Receive the information relating to his or her Data Processing, access to his/her Personal Data, and receive a copy of any record containing his/her Personal Data, except for the cases prescribed by the laws of Russia;
∑ Detail his/her Personal Data, block or destroy when so prescribed by law;
∑ Appeal against the Operatorís actions (omissions) to the competent authorities;
∑ Protect his/her rights and legitimate interests including the compensation of damages and/or moral hazard in a judicial or other appropriate legal procedure;
∑ Revoke his/her consent to the Data Processing; and
∑ Exercise any other rights provided by the Russian personal data law.
8. PERSONAL DATA UPDATE, CORRECTION, DELETION AND DESTRUCTION
8.1 If it is revealed and confirmed that the Personal Data is inaccurate or processed illegally, this Personal Data shall be updated or the Data Processing shall be terminated.
8.2 Unless otherwise prescribed by the Applicable Laws, the Personal Data shall be destroyed upon achieving the Data Processing purposes or revoking the Data Subjectís consent.
9. RESPONSES TO REQUESTS AND INQUIRIES
9.1 The Operator uses its best efforts to process the Personal Data transparently and promptly respond to requests and inquiries received from the Users, the Data Protection Authority and other state authorities.
9.2 Requests, inquiries, and other messages about the inaccuracy of Personal Data, illegal Data Processing, revocation of consent, Data Subjectís access to his or her data, and any other issues concerning the Data Processing and protection, shall be sent to firstname.lastname@example.org or by regular mail to: 25, bldg 3, Bolshaya Spasskaya street, Moscow, 129090, Russia.
10. FINAL PROVISIONS
10.1 This Policy shall enter into force when published (posted) on the Websites and remain effective until cancelled or replaced with a new version.
10.2 The Operator may unilaterally amend or supplement this Policy. The new version of this Policy shall enter into force when it is published (posted) on the Websites unless otherwise specified in that new version. Should the amendments affect the Usersí rights, the Operator may notify the Users of these amendments by sending a notice according to their contact details or otherwise.
10.3 In case of any dispute connected with the application or fulfilment of this Policy, the Operator and the affected Data Subject shall use their best efforts to resolve it through negotiations and (or) mutual compromises. In case the dispute is not resolved through negotiations and (or) mutual compromises, the dispute shall be resolved according to the laws of Russia.