PRIVACY POLICY

Last Updated: 19.09.2018

Actual privacy policy regulates a relations between an Administration of the “Avatan – social photo editor” Photo editor (here and after – “Photo editor”) and a User, determines an order and conditions of using User’s Confidential Information by Administration. The Privacy policy is a public offer in accordance with art. 437 of Russian Federation Civil code.

1. Terms used

1.1 Photo editor – a complex of following intellectual property objects placed on the results of intellectual activity:
a) A computer program which allows User to create personal pages, to search an information about other Users, browse their personal pages, send private messages to other Users, to place, copy and download photos and other content, to use other functions;
b) A database (a totality of an information and a content placed by Administration of Photo editor and Users, including a content from Users personal pages;
c) Computer programs (applications) or its elements, placed in the Photo editor by Administration or by third parties with Administration’s permission, which could be used by Users additionally to Photo editor main functions and created for an entertainment, education and other purposes; d) Other intellectual property objects.
1.2 An Administration – Individual entrepreneur Ilyaev Leonid Lvovich (State registration code 312774610900398) and individuals authorized by Individual entrepreneur Ilyaev Leonid Lvovich, who provides functioning and service of the Photo editor.
1.3 A User – an individual who is a member of the Photo editor and get a right to use the Photo editor on the grounds of this Agreement.
1.4 Content – works of science, literature and art, including photos, graphic images, design elements, texts, videos, sound recordings and other results of intellectual activity and any other objects.
1.5 Personal information – any information relating to an identified or identifiable natural person (‘data subject’); an identifiable natural person is one who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person.
1.6 Personal information processing – any operation or set of operations which is performed on personal data or on sets of personal data, whether or not by automated means, such as collection, recording, organization, structuring, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, restriction, erasure or destruction.

2. Privacy policy status, conditions and order of its adoption.

2.1 Actual Privacy policy is a legally binding agreement between a User and an Administration about an order and conditions of using Users personal information by the Administration.
2.2 Apart from actual Privacy policy, rules of using Users personal information could be contained in other documents regulating conditions of Photo editor using.
2.3 It is mandatory to read actual Privacy policy before start using the Photo editor.
2.4 User’s registration means full acceptance of the Privacy policy in accordance with art. 435 and 438 of Russian Federation Civil Code.
2.5 Actual using of the Photo editor without registration, browsing images or personal pages of other Users also means full acceptance of the Privacy policy.
2.6 Actual Privacy policy could be changed by the Administration unilaterally without notification of Users, but subject to the posting of a new version of the Privacy Policy in public access for Users to familiarize with.
2.7 Continuation of using the Photo editor by User means full acceptance of a new version of the Privacy Policy.
2.8 The User agrees to the processing by the Administration of his personal information. The consent can be withdrawn by sending a notice in writing to the location of the Administration.

3. Objectives of collecting Personal information

3.1 The Administration has a right to use User’s personal information for the following purposes:
3.1.1 User’s identification;
3.1.2 Establishing feedback with User, including sending notifications and requests concerning the use of the Photo editor and other services;
3.1.3 Confirmation of the authenticity and completeness of Personal information provided by the User;
3.1.4 Processing and receipt of payments;
3.1.5 Providing the User with support in case of problems related to the using of the Photo editor;
3.1.6 Providing the User with updates of the Photo editor, special offers, newsletters and other information;
3.1.7 Implementation of promotional activities;
3.1.8 Granting of access to the User on websites of partners of the Administration;
3.1.9 Execution of agreements and contracts concluded with the User by the Administration.

4. Methods and terms of processing of Personal information

4.1 The processing of the User's personal information is carried out by the Administration in accordance with the current legislation of the Russian Federation, as well as the rules of GDRP for citizens of the European Union.
4.2 The Administration takes all necessary measures to protect the User's personal data from unauthorized or accidental access, destruction, modification, blocking, copying, distribution, as well as from other illegal actions of third parties. Administration shall implement appropriate technical and organizational measures to ensure and to be able to demonstrate that processing is performed in accordance with the current legislation of the Russian Federation, as well as the rules of GDRP for citizens of the European Union.
4.3 The processing of the User's personal information is carried out during the entire period of use by the User of the Photo editor until the moment of the removal of his account or its removal by the Administration and no more than 1 year after that, if there are no legal grounds for the removal of personal data, by any legal means, including information systems of personal data using automation or without using such funds.
4.4 The User agrees that the Administration has the right to transfer personal information to third parties for the performance of the undertaken obligations.
4.5 The Administration has the right to disclose personal information of the User only in cases established by the legislation of the Russian Federation (including with a view to preventing and / or suppressing illegal actions of the User).
4.6 In case of loss or disclosure of personal information, the Administration informs the User about the loss or disclosure of personal data, unless otherwise provided by the current legislation of the Russian Federation

5. Termination of Processing of Personal information

5.1. The processing of the User's personal data is terminated after the expiration of its processing or at the request of the User. The User has the right to withdraw consent at any time without affecting the legality of the processing performed prior to such withdrawal of consent.
5.2. The User has the right to at any time send an application to the Administration to stop processing his personal data by filling out the feedback form on the Photo editor or by sending a request in the form of a scanned application in free form to the email address support@avatanplus.ru.

6. Duties of the parties

6.1. User’s duties:
6.1.1 Providing information about the personal data necessary for using the Photo editor;
6.1.2 Maintaining the relevance of the information provided on personal data in case of the Personal information changing.
6.2. Administration’s duties:
6.2.1 Use Personal information only for the purposes specified in this Privacy Policy.
6.2.2 Ensure that Personal information is kept confidential, not disclosed without the prior written permission of the User, except as provided in this Privacy Policy and the regulations of the Russian Federation.
6.2.3 Take precautions to protect the confidentiality of the User's Personal information in accordance with the procedure normally used to protect this kind of information in the existing business turnover.
6.2.4. In the case of a personal data breach, without undue delay and, where feasible, not later than 72 hours after having become aware of it, notify the personal data breach to the supervisory authority competent and the personal data subject.

7. Responsibility of the parties

7.1 Administration of the website is not liable for losses incurred by the User in connection with the illegal use of personal data, except as provided in this Privacy Policy.
7.2 In case of loss or disclosure of confidential information, the Administration is not responsible if this confidential information became public domain before its loss or disclosure, was received from a third party until it was received by the Administration or was disclosed with the consent of the User.

8. Final provisions

8.1 This Privacy Policy shall come into force for the User from the time specified in clause 2.4 and 2.5 of this agreement and shall be valid for an indefinite period.
8.2 This Privacy Policy is written in Russian and, at the discretion of the Administration, may be provided to the User for familiarization in another language. In case of a discrepancy between the provisions of the Russian version of the Privacy Policy and the version of the Privacy Policy in a different language, the provisions of the Russian version of this Privacy Policy apply.
8.3 The invalidity of one or more provisions of this Privacy Policy, recognized in due course by a court decision that has came into force, does not entail the invalidity of this Privacy Policy as a whole 8.4. In case of one or more of the provisions of this Privacy Policy are recognized invalid in the prescribed manner, the parties to this Privacy Policy undertake to fulfill their obligations as close as possible to the manner implied by parties when applied this Privacy Policy.
8.5 All disputes of the parties under this Privacy Policy shall be resolved through negotiations using a mandatory pre-trial (claim) order. If it is impossible to reach consent between the parties by negotiation within 90 (ninety) calendar days (taking into account the time of mail delivery of correspondence) from the moment of receiving a written claim by the other party, the dispute must be referred by the interested party to the court at the location of the Administration.
8.6. This Privacy Policy is interpreted in accordance with the applicable laws of the Russian Federation. If the User is a citizen of the European Union, the General Data Protection Regulation and the relevant acts shall apply to the rules of personal data processing.
8.7. Issues not regulated by this Privacy Policy shall be resolved in accordance with the applicable laws of the Russian Federation and international law.