Public offer agreement
Public offer for the conclusion of an agreement on the provision of information services to consumers of its products by Bergauf Construction Technologies Limited Liability Company

1. GENERAL PROVISIONS


1.1. This document is an official proposal (hereinafter referred to as the "Offer") of Bergauf Construction Technologies Limited Liability Company (registered address: 620014, Russian Federation, Sverdlovsk Region, Yekaterinburg, Sheinkmana St., 75), hereinafter referred to as the "Organization", represented by General Director Anatoly Alekseevich Lisiev, acting on the basis of the Charter, and contains all essential terms for the provision of information services to persons who have provided information about themselves (personal data) for the purpose of participating in promotions for assessing the quality of its products and consumer satisfaction conducted by the Organization (hereinafter referred to as Consumers), receiving information about the Organization's products and promotions conducted by it or its partners, and other information about the Organization's activities, by sending SMS messages and/or e-mail messages, push notifications to Consumers, and informing Consumers by phone in accordance with the information provided 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 "Privacy" section.

1.3. By filling out the Consumer Questionnaire or the registration form posted on the Organization's web portal, and providing their personal data to the Organization, Consumers confirm their acceptance of the terms of provision of information services specified in the Offer and consent to the processing of their personal data in accordance with Federal Law No. 152-FZ of July 27, 2006 "On Personal Data" regarding the processing of personal data and 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 processing personal data set forth in this Offer.

2. TERMS AND DEFINITIONS


Consumer Questionnaire — a questionnaire filled out by the Consumer personally or on their behalf by a representative of the Organization during a promotion, in which the Consumer's personal data is indicated. The provision by the Consumer of their personal data specified in the Questionnaire constitutes acceptance of the Offer, which the Consumer has read before filling out the Questionnaire (orally, in the form of a document, or on the Organization's web portal).

Web portal — a website 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 united under one domain name. In the Offer, a web portal is understood as the web portal www.bergauf-lkm.ru.

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

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

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

Depersonalization of personal data is actions as a result of which it is impossible to determine, without the use of additional information, the belonging of personal data to a specific subject of personal data.

Processing of personal data is any action (operation) or set of actions (operations) performed with or without the use of automation tools with personal data, including collection, recording, systematization, accumulation, storage, clarification (updating, modification), extraction, use, transfer (distribution, provision, access), depersonalization, blocking, deletion, and destruction of personal data.

Publicly available sources of personal data are resources created for the purpose of providing information to an indefinite circle of persons, access to information on which is not restricted by the person who created them or their owner. In the Offer, publicly available sources of personal data are understood as the Organization's web portal www.bergauf-lkm.ru.

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

Organization is Limited Liability Company "Bergauf Construction Technologies" (registered address: 620014, Russian Federation, Sverdlovsk Region, Yekaterinburg, Sheinkmana St., 75).
Organization Partner is a legal entity or individual who organizes and/or conducts promotions and marketing research in the interests of the Organization on the basis of an agreement with the Organization and performs other actions on behalf of the Organization.

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 specific person or a specific circle of persons.

Consumer Representative — a person authorized by the Consumer to provide their personal data to the Organization for the purpose of the Organization providing information services under 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 an electronic signature was generated by a specific person. In the Offer, a simple electronic signature is understood as the login and password (collectively) specified by the Consumer during registration and/or used by the Consumer to access the Personal Profile.

Dissemination of personal data — actions aimed at disclosing personal data to an indefinite circle 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 concerning racial or ethnic origin, political opinions, religious or philosophical beliefs, health status, or 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 the physical media of personal data are destroyed.

Consumer — an individual who distributes and/or purchases the Organization's products, who has accepted the Offer proposed by the Organization by providing their personal data to the Organization in the composition and volume requested by the Organization independently, or who has granted the right to accept the Offer to their Representative.

3. PROVISION OF PERSONAL DATA BY CONSUMERS TO THE ORGANIZATION


3.1. The terms of provision of information services set forth in the Offer apply to Consumers from the moment they accept the Offer in accordance with clause 3.2.

3.2. A Consumer is considered to have concluded a contract for the provision of information services by the Organization (to have accepted the Offer) from the moment they or their Representative provide their personal data to the Organization.

3.3. Acceptance of the Offer is considered by the Organization as specific, informed, and conscious consent given by the personal data subject (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 handwritten signature of the personal data subject, as it is given in the form of an electronic document signed in accordance with federal law by a simple electronic signature.

3.4. Personal data is provided by Consumers, as well as their Representatives, by filling in the relevant data in the registration form posted on the Organization's web portal or in the Consumer Questionnaire.

3.5. Responsibility for the legality and accuracy of the Consumers' personal data lies solely with the person who provided them. The Organization assumes no obligation to verify the personal data provided by Consumers or their Representatives.

4. PROVISION OF INFORMATION SERVICES


4.1. Information services are provided by the Organization to Consumers free of charge, in the volume and with the frequency determined by the Organization.

4.2. The Organization has the right to refuse to provide all or part of the information services to the Consumer in the absence of technical or other capability, without explanation.

5. PROCESSING OF CONSUMER PERSONAL DATA BY THE ORGANIZATION


5.1. The Organization is an operator with respect to the personal data of Consumers and is guided by the requirements of Russian legislation when processing them.

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

5.3. The Organization, having received the Consumer's personal data, does not distribute or provide them to other persons without the consent of the personal data subject, except in the following cases:
• posting publicly available personal data on the Organization's web portal, for which Consumers have given consent for publication when filling out the registration form or questionnaire;
• providing access to personal data to the Organization's Partners who organize and/or conduct promotions and marketing research in the interests of the Organization;
• as provided for by federal laws.

5.4. The Organization has the right to use "cookies" technology. "Cookies" do not contain personal data of Consumers and are not transferred to third parties. By using the mobile application, the Consumer agrees to the use of cookies.

5.5. The Consumer may independently change their personal data in their personal profile using their login and password.

5.6. The Consumer is responsible for all actions performed using their login and password. In the event that they provide their login and password to third parties or become aware of unauthorized access to their login and password, the Consumer must independently change them or notify the Organization of the loss of control over their account by any available means, confirming their personal data provided during registration.

5.7. The Consumer may at any time terminate this Offer and withdraw their consent for the processing of personal data by the Organization by sending a written or electronic statement containing the same personal data that was provided when submitting personal data to the Organization, or information about the Consumer's primary identity document. Withdrawal of consent for the processing of personal data by the Organization means the termination of the Offer by the Consumer and entails the cessation of the provision of information and other services to the Consumer by the Organization.

5.8. In the event that the Consumer withdraws their consent for the processing of personal data by the Organization, their personal data shall be destroyed or anonymized at the Organization's discretion within a period not exceeding 30 (Thirty) days.

6. OTHER TERMS


6.1. The Organization may, at its own discretion, make any changes to the Offer at any time. Information about such changes will be posted on the Organization's web portal at the address www.bergauf-lkm.ru at least 7 (Seven) days before they take 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 relevant information on the Organization's web portal at the address www. bergauf.demo.mtfy.xyz/en-3 at least 1 (One) month before the suspension or termination of services.

6.3. Information is considered to be 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 provided by the Consumer when submitting their personal data to the Organization, or 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 through an agreement between the parties or, if an agreement cannot be reached, in accordance with the current legislation of the Russian Federation.

7. LIABILITY


7.1. The liability of the Organization regarding the information services provided under the Offer is limited to the requirements of the legislation of the Russian Federation.

7.2. The Organization is liable to the personal data subject. The Organization is not liable for the actions of its Partners, including in the event of their violation of the legitimate interests and rights of Consumers that are not related to the processing of their personal data.