Public offer to enter into an agreement for the provision by Bergauf Construction Technologies LLC of information services to Consumers of its products

1. GENERAL PROVISIONS

1.1. This document is an official proposal (hereinafter — «Offer») of Bergauf Construction Technologies LLC (address of the place of business — 620 014, Russian Federation, Sverdlovsk Oblast, Yekaterinburg, Sheynkman St., building 75), hereinafter referred to as the «Organization», represented by the General Director, Anatoly Alekseevich Lisyev, acting on the basis of the Charter, and contains all material terms for the provision of information services to individuals who have provided information about themselves (personal data) for the purpose of participating in events to assess the quality of its products and customer satisfaction organized by the Organization (hereinafter — Consumers), obtaining information about the Organization’s products and events carried out by it or by its partners, other information regarding the Organization’s activities, by sending SMS messages and/or messages to Consumers by email, push notifications, and informing Consumers by telephone in accordance with the information they specified in the registration form.

1.2. This Offer is an official document and is published on the web portal at the address www.bergauf-lkm.ru in the section «Privacy».

1.3. By filling in the Consumer Questionnaire or the registration form posted on the Organization’s web portal, providing their personal data to the Organization, Consumers confirm acceptance of the terms for the provision of information services specified in the Offer and give consent to the processing of their personal data in accordance with the Federal Law dated 27.07.2006 No. 152-FZ «On Personal Data» regarding the processing of personal data and the information about the specified requirements for the protection of personal data", posted on the web portal at the address www. bergauf-lkm.ru, and the rules for processing personal data set out in this Offer.

2. TERMS AND DEFINITIONS

Consumer Questionnaire — a questionnaire filled out by the Consumer in their own handwriting or by a representative of the Organization on their behalf during the promotion, in which the Consumer’s personal data are indicated. The provision by the Consumer of their personal data specified in the Questionnaire constitutes acceptance of the Offer with which the Consumer became acquainted before filling in the Questionnaire (in oral form, as a document, or on the Organization’s web portal).

Web portal — a site on the Internet that provides the user with various interactive services (Internet services) operating within this site; a web portal may consist of several sites combined under a single domain name. In the Offer, the term “web portal” shall mean the web portal www.bergauf-lkm.ru.

Personal data information system — a set of personal data contained in personal data databases and information technologies and technical means ensuring their processing.

Information services — the Organization and/or its partners conducting marketing research and campaigns, publishing their results on the web portal www. bergauf-lkm.ru, informing Consumers by the Organization and/or its partners about events conducted by the Organization and its partners by sending SMS messages and/or messages by e-mail, push notifications, in accordance with the contact data provided by Consumers.

Personal profile — personal data of the Consumer posted on the web portal and available in full for viewing only by that Consumer and the site administrator.

Anonymization of personal data — actions as a result of which it becomes impossible to determine, without using additional information, the attribution of personal data to a specific personal data subject.

Processing of personal data — any action (operation) or a set of actions (operations) performed using automation tools or without such tools with personal data, including collection, recording, systematization, accumulation, storage, clarification (updating, change), retrieval, use, transfer (dissemination, provision, destruction of personal data. access), de-identification, blocking, deletion.

Publicly available sources of personal data — resources created for the purpose of providing information to an indefinite circle of persons, access to the information on which is not limited by the person who created it or by its owner. In the Offer, publicly available sources of personal data means the Organization’s web portal www. bergauf-lkm.ru.

Publicly available personal data — personal data the access of an unlimited circle of persons to which is granted on the basis of federal law, by the personal data subject or at the subject’s request, including data which, in accordance with legislation, are subject to mandatory disclosure or publication. In the Offer, publicly available personal data of Consumers means data provided by them, with respect to which Consumers have given consent to its publication when filling out the registration form or the Consumer Questionnaire.

Organization — Bergauf Construction Technologies Limited Liability Company (address of the place of business — 620 014, Russian Federation, Sverdlovsk Oblast, Yekaterinburg, Sheynkman St., building 75).
Partner of the Organization — a legal entity or an individual who organizes and/or conducts, on the basis of an agreement with the Organization, promotions and marketing research in the interests of the Organization and performs other actions upon the Organization’s instructions.

Personal data — any information relating to a directly or indirectly identified or identifiable natural person (personal data subject).

Provision of personal data — actions aimed at disclosing personal data to a particular person or to a particular group of persons.

Representative of the Consumer — a person authorized by the Consumer to provide to the Organization the Consumer’s personal data for the Organization to provide information services under the terms of the Offer.

Simple electronic signature — an electronic signature that, by using codes, passwords or other means, confirms the fact that the electronic signature was formed by a certain person. In the Offer, simple electronic signature means a login and a password (together) specified by the Consumer during registration and/or used by the Consumer to access the Personal Profile.

Disclosure of personal data — actions aimed at disclosing personal data to an undefined range of persons.

Registration form — a web form on the Organization’s web portal, using which Consumers, as well as their representatives, provide the Organization with personal data and accept the Offer.

Special categories of personal data — personal data relating to racial or ethnic origin, political views, religious or philosophical beliefs, health status, intimate life.

Destruction of personal data — actions as a result of which it is impossible to restore the content of personal data in the personal data information system and (or) as a result of which material media containing personal data are destroyed.

A Consumer is a natural person who distributes and/or acquires the Organization’s products, who has accepted the Offer proposed by the Organization by providing the Organization with their personal data in the composition and scope requested by the Organization, either independently or by granting acceptance of the Offer to their Representative.

3. PROVISION OF CONSUMERS’ PERSONAL DATA TO THE ORGANIZATION

3.1. The conditions for providing information services set out in the Offer apply to Consumers from the moment they accept the Offer in accordance with clause 3.2.

3.2. A Consumer is deemed to have concluded a contract for the provision by the Organization of information services (by having accepted the Offer) from the moment the Consumer provides the Organization with their personal data independently or through their Representative.

3.3. The Organization considers acceptance of the Offer as specific, informed and conscious consent provided by the personal data subject (Consumer) to the Organization’s processing of their personal data, which they grant freely, by their will and in their own interest. Such consent is deemed equivalent to written consent on paper media containing the personal signature of the personal data subject, since it is given in the form of an electronic document signed in accordance with federal law using a simple electronic signature.

3.4. Personal data are provided by Consumers, as well as by their Representatives, by filling in the corresponding information in the registration form posted on the Organization’s web portal or in the Consumer’s Questionnaire.

3.5. The person who provided the Users’ personal data bears sole responsibility for the lawfulness and reliability of the Users’ personal data. The Organization assumes no obligations to verify the personal data specified by the Users and their Representatives.

4. PROVISION OF INFORMATION SERVICES

4.1. Information services are provided by the Organization to Users on a free-of-charge basis, in the scope and with the frequency determined by the Organization.

4.2. The Organization has the right to refuse the User to provide all or part of the information services in the event of the absence of technical or other capability, without explaining the reasons.

5. PROCESSING OF PERSONAL DATA OF USERS BY THE ORGANIZATION

5.1. The Organization is a controller with respect to the Users’ personal data and, when processing them, is guided by the requirements of Russian legislation.

5.2. The purposes of the Organization’s processing of the Customers’ personal data are:
• registration of Customers on the Organization’s web portal;
• authorization of Customers on the web portal;
• provision of information services.

5.3. The Organization that has received the Customer’s personal data does not disseminate or provide it to other persons without the consent of the personal data subject, except for the following cases:
• posting publicly available personal data on the Company’s web portal, in respect of which Users have consented to their publication when filling out the registration form or questionnaire;
• providing access to personal data to the Company’s Partners that organize and/or conduct promotions and marketing research in the interests of the Company;
• provided for by federal laws.

5.4. The Company is entitled to use the «cookies» technology. «Cookies» do not contain personal data of Users and are not transferred to third parties. A User, using the mobile application, agrees to the use of cookie files.

5.5. The Consumer may independently, using his/her login and password, change his/her personal data in the personal profile.

5.6. The Consumer is responsible for all actions performed using his/her login and password. In the event that he/she provides his/her login and password to third parties or becomes aware of unauthorized access to his/her login and password, the Consumer must independently change them or notify the loss of control over his/her Organization account by any available means, confirming his/her personal data specified during registration.

5.7. The Consumer may at any time terminate this Offer and withdraw his/her consent to the processing of personal data by the Organization by sending an application in written or electronic form containing the same personal data that were provided to the Organization when providing personal data, or information about the primary document that удостоверяет identity of the Consumer. Withdrawal of consent to the processing of personal data by the Organization means termination by the Consumer of the Offer and entails the termination by the Organization of providing information and other services to the Consumer.

5.8. In the event that the Consumer withdraws consent to the processing of personal data by the Organization, the Organization, at its discretion, destroys or anonymizes his/her personal data within a period not exceeding 30 (Thirty) days.

6. OTHER TERMS

6.1. The Organization, at its discretion, has the right to make any changes to the Offer at any time. Information about the specified changes will be posted on the Organization’s web portal at the address www.bergauf-lkm.ru no less than 7 (Seven) days before they are put into effect.

6.2. The Organization reserves the right to suspend or terminate the provision of information services in accordance with the Offer at any time by notifying Consumers by posting the corresponding information on the Organization’s web portal at the address www. bergauf.demo.mtfy.xyz/en-2 no less than 1 (One) month before the suspension or termination of the provision of services.

6.3. Information is considered sent on behalf of the Organization to the Consumer if it is sent to the email address or in the form of an SMS message to the phone number specified by the Consumer when providing his/her personal data to the Organization, or if it is posted on the Organization’s web portal.

6.4. In the event of a dispute between the Organization and the Consumer related to the performance of the Offer, it is resolved through an agreement between the parties or, if an agreement cannot be reached, — in accordance with the applicable legislation of the Russian Federation.

7. LIABILITY

7.1. The Organization’s liability in respect of the information services provided under the Offer is limited by the requirements of the legislation of the Russian Federation.

7.2. The Organization shall be liable to the personal data subject. The Organization shall not be liable for the actions of its Partners, including in the event that they violate the lawful interests and rights of Consumers not related to the processing of their personal data.