Public offer for the conclusion of a contract for the provision of information services by Bergauf Building Technologies Limited Liability Company to Consumers of its products

1. GENERAL PROVISIONS

1.1. This document is an official offer (hereinafter — «Offer») by Bergauf Construction Technologies Limited Liability Company (address of location — 620 014, Russian Federation, Sverdlovsk Region, Yekaterinburg, Sheynkmana St., building 75), hereinafter referred to as «Organization», on behalf of the General Director, Anatoly Alekseevich Lisyev, acting on the basis of the Charter and contains all the essential terms and conditions for the provision of information services to individuals who have provided information about themselves (personal data) for the purpose of participating in promotions for assessing the quality of its products and customer satisfaction conducted by the Organization (hereinafter — Customers), obtaining information about the Organization’s products and promotions conducted by it or its partners, other information about the Organization’s activities, by sending SMS messages and/or messages by email to Customers, push notifications, and informing Customers by telephone in accordance with the information specified by them 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 out the Consumer Questionnaire or the registration form posted on the Organization’s web portal, by 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 of 27.07.2006 No. 152-FZ “On Personal Data” with regard to the processing of personal data and the information on the implemented requirements for the protection of personal data", posted on the web portal at www. bergauf-lkm.ru, and the rules for the processing of personal data set out in this Offer.

2. TERMS AND DEFINITIONS

Consumer Questionnaire— a questionnaire filled out by the Consumer personally or on the Consumer’s behalf by a representative of the Organization during a promotion, in which the Consumer’s personal data are provided. The provision by the Consumer of their personal data specified in the Questionnaire constitutes acceptance of the Offer with which the Consumer became familiar before filling out the Questionnaire (in oral form, in the form of 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 — carrying out by the Organization and/or its partners of marketing research and campaigns, publishing their results on the web portal www. bergauf-lkm.ru, informing by the Organization and/or its partners the Consumers about events held by the Organization and its partners by sending SMS messages and/or messages by email, push notifications, in accordance with the provided Consumers’ contact data.

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

Personal data anonymization — actions as a result of which it is impossible to determine, without using additional information, the belonging of personal data to a specific personal data subject.

Personal data processing — any action (operation) or a set of actions (operations) performed using automation tools or without using such tools with personal data, including collection, recording, systematization, accumulation, storage, clarification (updating, modification), retrieval, use, transfer (distribution, provision, destruction of personal data. access), anonymization, blocking, deletion.

Public personal data sources are resources created for the purpose of providing information to an indefinite number of persons; access to the information from which is not limited for the person who created it or its owner. In the Offer, “public personal data sources” means the Organization’s web portal www. bergauf-lkm.ru.

Publicly available personal data — personal data to which access by an unlimited number of persons has been provided on the basis of federal law, by the personal data subject, or at their request, including data that, in accordance with the applicable law, are subject to mandatory disclosure or publication. Under this Offer, publicly available personal data of Consumers means the data provided by them, with respect to which Consumers have consented to their publication when filling in 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).

Processing of personal data — actions aimed at disclosing personal data to a specific person or a specific group of persons.

Consumer’s Representative — a person authorized by the Consumer to provide the Organization with his/her personal data for the Organization to provide information services on the terms of the Offer.

Simple electronic signature — an electronic signature that, through the use of codes, passwords, or other means, confirms the fact that a particular person has created the electronic signature. Under this Offer, a simple electronic signature means a login and password (together) specified by the Consumer during registration and/or used by the Consumer to access their 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 personal data to the Organization and accept the Offer.

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

Destruction of personal data — actions as a result of which it is impossible to restore the contents of personal data in an information system of personal data and (or) as a result of which tangible 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. The Consumer is deemed to have entered into an agreement for the provision of information services by the Organization (by accepting the Offer) from the moment the Consumer provides the Organization with their personal data independently or through their Representative.

3.3. The Acceptance of the Offer is considered by the Organization as a specific, informed, and conscious consent provided by the personal data subject (the Consumer) for the processing of their personal data by the Organization, which they give freely, of their own will, and in their own interest. This consent is considered equivalent to consent in written form on a paper medium containing the personal signature of the personal data subject, since it is given in the form of an electronic document signed in accordance with the federal law by a simple electronic signature.

3.4. Personal data are provided by the Users, as well as by their Representatives, by filling in the relevant details in the registration form posted on the Organization’s web portal or in the User 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 shall be entitled to refuse the Customer the provision of all or part of the information services in the event that there is no technical or other capability, without explaining the reasons.

5. PROCESSING OF PERSONAL DATA OF CUSTOMERS BY THE ORGANIZATION

5.1. The Organization is a controller in respect of the personal data of Customers 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 Consumer’s personal data does not disclose 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 Organization’s web portal, in respect of which Consumers have given consent to their publication when filling in the registration form or questionnaire;
• providing access to personal data to the Organization’s Partners that organize and/or conduct promotions and marketing research for the benefit of the Organization;
• as 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 User independently, using their login and password, may change their personal data in their personal profile.

5.6. The Customer is responsible for all actions performed using his login and password. In the event that he provides his login and password to third parties or becomes aware of improper access being obtained to his login and password, the Customer must independently change them or report the loss of control over his Organization account in any available way, confirming his personal data specified during registration.

5.7. The Consumer may at any time terminate this Offer and withdraw their consent to the processing of personal data by the Organization by submitting an application in written or electronic form containing the same personal data that were provided when submitting the personal data to the Organization, or information about the primary document certifying the Consumer’s identity. Withdrawal of consent to the processing of personal data by the Organization means that the Consumer terminates the Offer and entails the cessation by the Organization of providing informational 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 relevant information on the Organization’s web portal at www. bergauf.demo.mtfy.xyz/en-2 no less than 1 (One) month before suspending or terminating the provision of services.

6.3. Information is deemed to have been sent on behalf of the Organization to the Consumer if it is sent to the e-mail address or in the form of an SMS message to the telephone number specified by the Consumer when providing the Organization with their personal data, or 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 shall be resolved by agreement between the parties or, if it is impossible to reach an agreement, — 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 Company is responsible to the personal data subject. The Company is not responsible for the actions of its Partners, including in the event that they violate the legitimate interests and rights of Consumers not related to the processing of their personal data.