10. Users of the Programs
10.1. Individual Programs may provide for the possibility of granting access to several Users on behalf of one Licensee within the limits of the selected Tariff Plan.
10.2. All actions performed by Users when using the Programs are considered actions performed by the Licensee themselves and entail corresponding rights and obligations for the Licensee.
10.3. The Licensee bears full responsibility for the actions and inaction of Users, as well as for their compliance with the terms of this Offer.
10.4. The Licensee confirms and guarantees that they have granted the Users the necessary authority to use the Programs on their behalf and in their interests.
10.5. In the event of violation by Users of the terms of this Offer, all consequences of such violation are imposed on the Licensee.
11. Personal Data Processing
11.1. In cases where, when using individual Programs, the Licensee places on the resources of the Programs personal data in respect of which the Licensee acts as the operator, the Licensee, as the operator of such personal data, in accordance with clause 3 of Article 6 of Federal Law of 27.07.2006 No. 152-FZ "On Personal Data", instructs the Licensor to process such personal data.
11.2. The Licensee instructs the Licensor to process personal data in order to ensure the possibility of the Licensee's use of the Programs within the functional capabilities in accordance with the terms of this Agreement.
11.3. The composition of the processed personal data is determined by the Licensee. The Licensee independently bears responsibility for the composition of personal data.
In particular, but not limited to, the composition of personal data may include: full name, gender, photograph, contact telephone number, email, date of birth, citizenship, place of residence (city and district), position, links to personal pages in social networks, information about readiness for relocation and business trips, marital status, education and specialty, work experience, skill level, knowledge of foreign languages, presence of special professional skills, expected salary, other data specified in the resume.
11.4. Methods of processing: recording, systematization, accumulation, storage, clarification (update, change), extraction, use, transfer (provision, access), blocking, deletion, destruction using automation tools.
11.5. When processing personal data received from the Licensee, the Licensor undertakes:
11.5.1. To observe the confidentiality of personal data.
11.5.2. To comply with the requirements of part 5 of Article 18 of Federal Law of 27.07.2006 No. 152-FZ "On Personal Data", namely, not to allow recording, systematization, accumulation, storage, clarification (update, change), extraction of personal data of citizens of the Russian Federation using databases located outside the territory of the Russian Federation, except in cases provided for by the legislation of the Russian Federation on personal data, when collecting personal data, including through the information and telecommunications network "Internet";
11.5.3. To comply with the requirements of Article 18.1 of Federal Law of 27.07.2006 No. 152-FZ "On Personal Data".
11.5.4. At the request of the Licensee during the term of this Agreement, including before processing personal data, to provide documents and other information confirming the adoption of measures and compliance with the requirements established in accordance with this Agreement.
11.5.5. To ensure the security of personal data during their processing.
11.5.6. To comply with the requirements for the protection of processed personal data established by Federal Law of 27.07.2006 No. 152-FZ "On Personal Data".
11.5.7. Upon the occurrence of the case specified in part 3.1 of Article 21 of Federal Law of 27.07.2006 No. 152-FZ "On Personal Data", the Licensor undertakes to immediately notify the Licensee of the incident that occurred, of the presumed causes that led to the violation of the rights of personal data subjects, and of the presumed harm caused to the rights of personal data subjects, of the measures taken to eliminate the consequences of the corresponding incident, as well as to provide information about the person authorized to interact on matters related to the identified incident.
11.6. In connection with the instruction to the Licensor for the processing of personal data, the Licensee undertakes:
11.6.1. To obtain and preserve all necessary consents of personal data subjects for the processing of their personal data by the Licensee and for transfer to the Licensor for processing for the purposes provided for by this Agreement, in accordance with the current legislation of the Russian Federation.
11.6.2. At the request of the Licensor during the term of this Agreement, including before processing personal data, to provide documents and other information confirming the receipt of the consents specified in clause 11.6.1 from the personal data subjects.
11.6.3. To provide personal data subjects with all necessary information about the processing of their data by the Licensor under this Agreement, including information about the Licensor as the person carrying out processing on the instruction of the Licensee.
11.6.4. Not to transfer to the Licensor personal data of special and biometric categories.
11.6.5. To immediately notify the Licensor of the withdrawal by the personal data subject of consent to processing, as well as of any appeals and demands of subjects concerning the processing of their data by the Licensor.
11.6.6. In accordance with Article 406.1 of the Civil Code of the Russian Federation, at the demand of the Licensor, to compensate for property losses that are incurred or will inevitably be incurred by the Licensor in the future in connection with the presentation to the Licensor of claims, demands, lawsuits by third parties, as well as the bringing of the Licensor to liability for violation of the procedure for processing personal data established by law (including for failure to obtain consent for such processing) in the event that such claims are caused or liability has arisen due to the Licensee's non-compliance with personal data legislation.
11.7. The Parties have agreed that the amount of compensated losses of the Licensor upon the occurrence of the circumstances specified in clause 11.6.6 is recognized as equal to the amount of fines, penalties, compensations and other payments in favor of any third parties, the obligation to make which will arise for the Licensor in the event of the occurrence of the corresponding circumstances (including the amount of losses that may be recovered from the Licensor or third parties engaged by them for the performance of their obligations under the Agreement) on the basis of a decision of a court, arbitration court or international commercial arbitration (including a settlement agreement approved by the specified bodies), or a decision of a competent state body.
12. Liability
12.1. The Parties are liable for non-performance or improper performance of obligations under this Agreement in accordance with the current legislation of the Russian Federation.
12.2. The Programs are provided by the Licensor "as is". The Licensor is not liable in the event of non-compliance of the Programs or the results of their use with the specific goals and expectations of the Licensee. The Licensor does not provide any promises, representations and/or warranties, either express or implied, in relation to the Programs and information databases, including any warranties of quality, commercial suitability, compliance with the goals and expectations of the User, warranties of security, efficiency, performance, accuracy, reliability, error-free and uninterrupted operation of the Programs. The Licensor does not guarantee, in particular, that the Programs will function without interruptions, errors and failures, and that all errors in the programs will be corrected, and does not give any representations or warranties regarding the timeframes for eliminating any problems in the operation of the Programs (components of the Programs).
12.3. The Licensor under no circumstances bears liability to the Licensee and third parties for:
- actions (inaction) of the Licensee (their Users) and violations committed by them, including improper use of the Programs, non-compliance with the terms of the offer, violation of intellectual property rights, etc., as well as for any actions (inaction) of third parties and the consequences of such actions (inaction);
- the operability of any software and hardware installed at the Licensee and their Users;
- unauthorized access and use of the Personal Account and/or the Licensee's account data by third parties, any action performed under the account of the Licensee (their Users);
- temporary unavailability or unstable operation of the Programs or their individual applications/modules/functions, the Website, individual sections of the Website or the Licensee's Personal Account, as well as possible errors and delays in the operation of the Programs;
- blocking of access and suspension/termination of the provision of services to the Licensee in accordance with section 9 of this offer;
- damage as a result of loss and/or disclosure of data, except in cases where such loss and/or disclosure occurred as a result of direct actions of the Licensor and through their fault;
- consequences arising from the Licensee's non-compliance with clause 4.3.3 of the Agreement.
- any indirect losses, lost profits, regardless of the causes.
12.4. Under no circumstances does the Licensor bear liability to the Licensee and third parties for any losses (including indirect, incidental, unintentional damage, lost profits, harm to honor, dignity or business reputation) arising for the Licensee/third parties as a result of the use of the Programs.
12.5. The Licensor also does not bear liability for errors and failures, temporary unavailability of the Programs or individual functions of the Programs, impossibility of providing services that have arisen or may arise as a result of:
- use by the Licensee of faulty equipment or its improper operation;
- use by the Licensee of unlicensed software or software that is incompatible with the Programs;
- use by the Licensee on local media of an outdated (not supported by the right holder) version of the software product or database;
- interruptions/unstable operation/disruption of functioning of communication networks, the Internet, power supply networks (including interruptions, voltage surges in the power supply network, interruptions in the communication network, reduction of Internet access speed, unavailability of individual segments of the Internet, deterioration of communication quality, etc.);
- attacks and threats from the Internet, other networks (including data transmission networks), exposure to computer viruses and other malicious software;
- the action of force majeure circumstances and their consequences.
12.6. The aggregate liability of the Licensor under the Agreement in any case may not exceed the amount obtained by dividing the remuneration paid by the Licensee (taking into account discounts, excluding VAT) by the number of months in the subscription period for which payment was made.
13. Force Majeure
13.1. The Parties are released from liability for partial or full non-performance of obligations under this Agreement if such non-performance is caused by force majeure circumstances (changes in legislation, natural disasters, military actions, epidemics, etc.), in accordance with the current legislation of the Russian Federation.
13.2. The Party for which force majeure circumstances have occurred is obliged to notify the other Party within 5 (five) business days from the moment of their occurrence.
14. Miscellaneous
14.1. All software products, algorithms, technological solutions and other objects constituting the basis of the Programs, as well as systems, ideas and methods of work, website design, interface design of the Programs, graphics, text, sounds, images and other files, as well as their selection and arrangement, trademarks and means of individualization are objects of intellectual property of the Licensor. Any unauthorized copying, use, distribution or modification of these objects will be prosecuted by the Licensor to the fullest extent in accordance with the legislation of the Russian Federation, including the possibility of bringing to criminal liability.
14.2. Use by the Licensee of the Licensor's means of individualization is permitted only with the consent of the Licensor.
14.3. All notices and communications between the Parties are sent by email specified during registration by the Licensee.
14.4. Disputes arising in connection with the performance of this Agreement are resolved through negotiations, and if agreement is not reached, in the Arbitration Court of the city of Moscow in accordance with the current legislation of the Russian Federation.
14.5. In the event of any discrepancy, inconsistency or conflict between the Russian and English versions of this Offer, the Russian version shall prevail and shall be deemed legally binding. The English version shall be deemed a translation provided for convenience and reference purposes only.