Agreement — Brand Monitor
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Terms of use of www.b-monitor.ru website

 

Effective as of July 1, 2017. Updated April 16, 2019.

 

1. TERMINOLOGY

1.1. The Website is both, Russian and English versions of the website www.b-monitor.ru (b-monitor.ru), including all of its webpages and sections, namely “Главная” / “Home”, “Решения” / “Solutions”, “FAQ”, “Материалы” / “Resources”, “Контакты” / “Contacts”, and all pop-ups of the website and files accessible via the website.

1.2. The User is a person accessing the Website, browsing the Website pages, using the services offered on the Website by Brand Monitor LLC. The term is used both, in singular and plural.

1.3. Brand Monitor is a Limited Liability Company incorporated under the laws of the Russian Federation with legal address at 72 Leningradsky prospect, bldg. 2, Moscow, Russia, 125057 and INN 7701405022, the owner of the Website.

1.4. The Terms of Use are the present document that is a legally binding agreement between Brand Monitor and the User regarding the use of the Website and the services offered at the Website.

1.5. The Privacy Policy is the document which is a part of the Terms of use, and which regulates User’s personal data processing by Brand Monitor.

1.6. Brand Status Report is a service offered by Brand Monitor to the User on a free of charge basis, consisting of a review of a brand’s (owned by the User or a company of which the User is a representative) status on the Internet.

1.7. Request a Call Back is a service offered by Brand Monitor to the User on a free of charge basis whereby the Brand Monitor operators contact the User and advise them on the issues of trademark rights protection.

1.8. Ask a Question is a service offered by Brand Monitor to the User on a free of charge basis whereby Brand Monitor replies to the User’s question by phone or by e-mail.

1.9. The Service (or the Services) is related to the services offered by Brand Monitor to the User on a free of charge basis, such as Brand Status Report, Request a Call Back, Ask a Question.

1.10. The Free-of-charge Services Agreement is an agreement entered into by Brand Monitor and the User on a free of charge basis regarding rendering of the Services by Brand Monitor to the User.

1.11. The Form is a se t of input fields on the Website pages, which is filled in by the User in order to request one of the Services.

 

2. GENERAL PROVISIONS

2.1. The present Terms of Use are a legally binding agreement between Brand Monitor and the User.

2.2. The present Terms of Use se t the rules of access to and the use of the Website, and the rules of entering into the Free-of-charge Services Agreement and using the Services offered by Brand Monitor to the User.

2.3. The User agrees with the present Terms of Use willfully, completely and unconditionally, by performing at least one of the following actions: accessing the Website, viewing any of Website pages in Russian or English, using the Services offered by Brand Monitor on the Website.

 

3.   APPLICABLE LAW

3.1. The present Terms of Use, as well as all relationships between Brand Monitor and the User regarding the use of the Website, are governed by and interpreted in accordance with the legislation of the Russian Federation.

3.2. In case of a conflict between the User and Brand Monitor, Brand Monitor and the User shall try to settle the conflict by non-judicial means. If non-judicial means are insufficient, all unresolved disputes between Brand Monitor and the User aroused out of the use of the Website shall be considered by the Arbitrazh Court of Moscow.

 

4. THE USER’S RIGHTS AND OBLIGATIONS

4.1. The User shall have the right to use the Website in any lawful way, including, but not limited to, viewing the Website content, following the links posted on the Website, copying the materials posted in the “Resources” section of the Website only for personal use and in compliance with rules of citation.

4.2. The User shall have the right to send requests for rendering of the Services to Brand Monitor by filling in the respective Forms, and to receive a response with the results of the rendered Services.

4.3. The User shall have the right to contact Brand Monitor by using the contact information presented on the Website.

4.4. The User is obliged not to use the results of the rendered Service and materials posted on the Website, as well as rest of the Website’s content for commercial purposes.

4.5. The User is obliged not to use the results of the rendered Service and materials posted on the Website, as well as the rest of the Website’s content for the purposes of conducting a business, which is competing with Brand Monitor’s business.

4.6. The User is obliged not to commit unlawful acts in relation to the Website, including, but not limited to, using malware to impede the Website’s operation, carrying out DDoS attacks, and performing other illegitimate acts towards the Website.

4.7. The User agrees that the layout of materials (texts, images and other) on the Website is unique, and Brand Monitor is the sole and exclusive owner of rights to the Website as a composite work, and rights to the intellectual property of which the Website consists, excluding the following: (1) design and graphic objects that are legally obtained from the publicly available sources, (2) texts and titles which are citations of materials from other websites and/or mass media, (3) audio- and video materials lawfully cited from other websites and/or mass media. The User is obliged not to copy or reproduce the content of the Website, apart from the cases mentioned in paragraph 4.1 of the present Terms of Use.

 

5. BRAND MONITOR RIGHTS AND OBLIGATIONS

5.1. Brand Monitor shall have the right to change any provisions of the present Terms of Use at any time. The amended Terms of Use are communicated to the User by being made available on the Website with the indication of the date of amendments having been made. The User agrees to the amended Terms of Use by proceeding with using the Website or by requesting a Service.

5.2. Brand Monitor shall have the right to refuse the User in rendering of the Services, should it be reasonable to assume that the User violates any provision of the Terms of Use or the Privacy Policy.

5.3. Brand Monitor shall have the right to refuse the User in rendering of the Services, if the User asked a question, answering which would require disclosure of confidential information or personal data of third parties.

5.4. Brand Monitor shall have the right to refuse the User in rendering of the Services, if the User’s request neither lies within the scope of the Services, nor is related to the business activities of Brand Monitor as described on the Website.

5.5. Brand Monitor shall be obliged to render the Service to the User upon his request within reasonable time.

 

6. LIMITATION OF LIABILITY

6.1. Any links to other websites posted on the Website are only for informational purposes and Brand Monitor is not responsible for the accessibility and content of such websites.

6.2. Brand Monitor is not responsible for User’s Internet connection and any failures thereof.

6.3. Brand Monitor renders the Services to the User in full and in proper manner, and is not responsible for conformance of the Services’ results to the User’s expectations.

6.4. Brand Monitor shall not be held liable for any infringements of User’s rights occurred due to the User’s fault, or caused by actions of third parties, or occurred as a result of violation of the Terms of Use by the User.

 

7. MISCELLANEOUS

7.1. The present Terms of Use along with the Privacy Policy shall be effective as of the time of their publication on the Website.

7.2. In case of amending the Terms of Use or the Privacy Policy, the aforementioned documents shall be effective as of the time of publication of the amended versions of the Terms of Use or the Privacy Policy, respectively, on the Website.

7.3. The provisions of the present Terms of Use as well as the provisions of the Privacy Policy are independent. In case any provision is deemed void, other provisions remain in force.

 

 

Privacy Policy

 

Effective as of July 1, 2017

 

1. GENERAL PROVISIONS

1.1. The present Privacy Policy is the document governing User’s personal data processing performed by Brand Monitor.

1.2. The present Privacy Policy is an inherent part of the Terms of Use of the Website.

1.3. All the capitalized terms used in the present Privacy Policy are used with the same meaning as described in section 1 of the Terms of Use of the Website.

 

2. EXPRESSION OF CONSENT

2.1. The User consents with the terms of the preset Privacy Policy by providing Brand Monitor with his personal data by filling in the Form and clicking the ‘Send’ button.

2.2. The expression of the aforementioned consent verifies that Brand Monitor and the User enter into a Free-of-charge Services Agreement regarding particular Services requested by the User.

 

3. PERSONAL DATA

3.1. By using the Website the User submits to Brand Monitor his personal data, including name and/or patronymic and/or surname, phone number, mailing address, IP-address (hereinafter the Personal Data).

3.2. Brand Monitor presumes that the Personal Data submitted by the User is credible and authentic, and shall not and has no opportunity to check, verify or refute the authenticity of the Personal Data.

 

4. COMPLIANCE WITH THE LAW

4.1. Brand Monitor appreciates User’s privacy and therefore, implements all the necessary managerial and technological measures for the protection of the Personal Data from wrongful or accidental access, elimination, alteration, obstruction, copying, submission or dissemination of the Personal Data, from other unlawful actions with the Personal Data submitted by the User while using the Website.

4.2. Brand Monitor guarantees that the Personal Data processing is performed in compliance with the legislation of the Russian Federation on personal data protection. Nonetheless, generally, the transmission of data via information and telecommunication networks is not secure, and the User acknowledges that such transmission is carried at his own risk.

 

5. THE PERSONAL DATA PROCESSING PROCEDURES

5.1. The User consents to the following procedures being performed by Brand Monitor while processing the Personal Data:

5.1.1. Gathering of the Personal Data. Brand Monitor performs automated gathering of the User’s Personal Data, only when the User requests a Service by filling in the respective Form;

5.1.2. Recording and Storage of the Personal Data. Brand Monitor automatically saves the User’s Personal Data in databases, and herewith guarantees the confidentiality of such databases and their inaccessibility by third parties;

5.1.3. Systematization of the Personal Data. Brand Monitor conducts statistical researches and analyses of lawfulness of trademarks use. Brand Monitor shall have the right to include the Users’ systematized and anonymized Personal Data in the results of such researches and analyses;

5.1.4. Anonymization of the Personal Data. Brand Monitor shall have the right to anonymize the Personal Data and to include the anonymized Personal Data in the reports of its work, results of researches and analyses, and in offers for rendering of its services;

5.1.5. Dissemination and Submission of the Personal Data. Brand Monitor shall have the right to submit the results of its researches and analyses containing anonymized Personal Data to general public or particular persons;

5.1.6. Updating and Alteration of the Personal Data. Brand Monitor upon the User’s written request may make changes into databases by saving new User’s Personal Data. In such cases Brand Monitor saves and stores both the original and the altered Personal Data;

5.1.7. Deletion of the Personal Data. Brand Monitor upon the written User’s request deletes his Personal Data from Brand Monitor’s databases;

5.1.8. Transfer of the Personal Data to third parties. Brand Monitor transfers the User’s Personal Data to third parties only in cases provided by the legislation of the Russian Federation.

 

6. AIMS OF THE PERSONAL DATA PROCESSING

6.1. Brand Monitor guarantees that the Personal Data gathering is conducted only to the extent, which is necessary for the conclusion and performance of the Free-of-charge Services Agreement, to which the User is a party, and which complies with the aims of the Personal Data processing.

6.2. The Personal Data Processing is performed with the following aims:

6.2.1. Rendering of the Services to the User;

6.2.2. Presenting the User with the information obtained as the result of Brand Status Report being carried out;

6.2.3. Replying to the User’s questions and/or comments, if the User filled in and submitted the fields “Question” and/or “Additional comments” in the Form;

6.2.4. Obtaining an opportunity to get in contact with the User regarding the issues of trademark rights protection;

6.2.5. Performing of researches and statistical analyses.

 

7. THE TERM OF THE CONSENT TO THE PERSONAL DATA PROCESSING

7.1. The consent mentioned in the section 2 of the present Privacy Policy is given for an unlimited time, provided that the User has a right to withdraw such consent at any time by sending a written notice via e-mail subjected “Withdrawal of consent to personal data processing” to post@b-monitor.ru.

 

8. AMENDING THE PRIVACY POLICY

8.1. Brand Monitor shall have the right to amend the present Privacy Policy.

8.2. The amendments are communicated to the User by the amended Privacy Policy being made available on the Website with the indication of the date of amendments having been made.

 

The Terms of Use along with the Privacy Policy are executed in Russian and English. In case of discrepancies, the Russian version prevails. 


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