Privacy Policy

1. General Provisions

1.1. The Privacy Policy for the eXpress mobile application (hereinafter referred to as the Application) shall apply to the information that the Operator may obtain from the User’s device during the use of the Application.

1.2. The use of the Application shall imply the User’s unconditional consent to the Policy and the terms and conditions of the processing of the information received from the User’s device specified herein. In case of disagreement with the Policy, the User shall refrain from using the Application.

1.3. The Policy shall apply only to the Application. The Operator does not control and shall not be responsible for the information transferred (consequences of its transfer) by the user to a third party, if such a transfer was carried out on that third party’s resource, to which the User could go via links from the Application.

1.4. The Operator shall be entitled to amend this Policy by posting a new version of the Policy on the Operator’s Official Website and/or in the Appendix. The User shall be obliged to independently read and understand the current version of the Policy.

2. Terms and Definitions

2.1. The following terms and definitions shall apply to this Agreement:

User Information - User information (including personal data) that can be obtained from the User's Device when using the Application
Content shall mean all items independently posted by the User in the Application, including graphics, texts, audios, photos and videos and any other items and sets thereof, which are intellectual property items or are not, to which rights (including the exclusive right to intellectual property items) belong either to the User or other right holders
Operator shall mean the licensor, Limited Liability Company Unlimited Production Abbreviated name LLC Unlimited Production (Taxpayer Identification Number (INN): 7707374451, Taxpayer Classification Code (KPP): 770701001, settlement account: 40702810601990000873, correspondent account: 30101810200000000593, BIC: 044525593, Principle State Registration Number (OGRN): 5167746251240)
Operator’s Official Website shall mean the Operator’s website on the Internet https://express.ms/
Policy shall mean this policy on the use of the "eXpress" mobile application
User shall mean the licensee, an individual (Customers), aged 18 years or more, who has installed the Application on the Device and completed registration
Application shall mean software entitled eXpress Mobile Application, to which the exclusive right belongs to the Operator by virtue of its creation
Device shall mean a mobile technical device (smartphone, tablet or other device) with access to the Internet, on which the Application is installed

3. Composition of processed User Information

3.1. The Operator may process the following categories of User Information when the User uses the Application:

(1) information (including personal data) provided by the User when registering (creating an account) using a mobile phone number, such as name, surname, mobile phone number, e-mail address;
(2) information (including personal data) provided by the User when filling in the corresponding field in the user profile settings in the Application, such as a photograph;
(3) Content posted by the User in the Application when using the functions and services of the Application;
(4) date and time of access to the functions and services of the Application;
(5) information about the User's activity while using the functions and services of the Application;
(6) technical information (network address of the user device, duration of the user session, information about the user device (type, manufacturer and model of the device, name and version of the operating system), geographic address of the user's connection point to the Internet, information about the location at a certain point in time (assuming the location of the user device if geolocation features are enabled on the user device) user alias, fact, date, time of user registration, fact, date, time of termination of user registration, fact, date, time of user authorization, details about the fact, date, time of user deauthorization).

3.2. Additionally, within the framework of this Policy, the Operator has the right to process statistical information (statistical information does not contain personal data of users) and metadata (this is data that describes the content (including the keywords used to retrieve documents), the structure and context of other data, and the management of data over time), generated when the user uses the Application.

4. Purposes of processing User Information

4.1. The Operator collects and further processes User Information for the following purposes:

(1) the processing is necessary to fulfill the obligations of the Operator to the User in accordance with the terms of the User Agreement for the use of the eXpress mobile application;
(2) processing is necessary to provide the User with access to the functions and services of the Application;
(3) processing is necessary to enable the User to use the functions and services of the Application;
(4) processing is necessary for compliance with statutory obligations;
(5) when it is provided for by applicable law, processing is necessary to ensure the legitimate interests of the Operator if such processing does not significantly affect the interests, fundamental rights and freedoms of the User. When processing User Information on the specified basis, the Operator will always strive to maintain a balance between its legitimate interests and protecting the confidentiality of User Information.

4.2. The Operator has the right to process User Information to ensure its legitimate interests, including in the following cases:

(1) to improve, modify, personalize or otherwise improve the features and services of the Application for the benefit of all users;
(2) for the formation of depersonalized statistical information and metadata generated when the user uses the Application.

4.3. The Operator processes User Information only for certain purposes and only that User Information that is relevant to the achievement of such goals.

5. Conditions for processing User information

5.1. The User's information may be stored on the Operator's resources during the period of use by the User of the Application in accordance with the terms of the User Agreement for the use of the eXpress mobile application, as well as for 3 (three) years after the User stops using the Application.

6. Measures for the proper organization of processing and ensuring the security of User Information

6.1. When processing User Information, the Operator takes all necessary legal, organizational and technical measures to protect them from unauthorized or accidental access, destruction, modification, blocking, copying, provision, distribution, as well as from other illegal actions in relation to them. Ensuring the security of User Information is achieved, in particular, in the following ways:

(1) publication of documents defining the Operator's policy regarding the processing of User Information;
(2) application of legal, organizational and technical measures to ensure the security of the User Information during their processing in the information systems of the Operator.

7. Access to the Policy

7.1. The current version of the Policy is posted in the Application and on the official website of the Operator at: https://express.ms/.

7.2. The Policy may be changed by the Operator unilaterally. Notification of the User about the changes made to the terms of the Policy is posted in the new version of the Application and (or) on the Official Website. These changes are effective from the date of their publication, unless otherwise specified in the relevant publication. In case of discrepancies between the versions of the Policy in the Application and on the official website of the Operator, the version provided in the Application has priority.

THE USER AGREEMENT

1. General Provisions

1.1. This user agreement establishes the conditions for using the eXpress mobile application for Devices and is subject to conclusion between the Operator and the User.

2. Terms and Definitions

2.1. The following terms and definitions shall apply to this Agreement:

Content shall mean all items independently posted by the User in the Application, including graphics, texts, audios, photos and videos and any other items and sets thereof, which are intellectual property items or are not, to which rights (including the exclusive right to intellectual property items) belong either to the User or other right holders
Operator shall mean the licensor, Limited Liability Company Unlimited Production Abbreviated name LLC Unlimited Production (Taxpayer Identification Number (INN): 7707374451, Taxpayer Classification Code (KPP): 770701001, settlement account: 40702810601990000873, correspondent account: 30101810200000000593, BIC: 044525593, Principle State Registration Number (OGRN): 5167746251240)
Operator’s Official Website shall mean the Operator’s website on the Internet https://express.ms/
User shall mean the licensee, an individual (Customers), aged 18 years or more, who has installed the Application on the Device and completed registration
Application shall mean software entitled eXpress Mobile Application, to which the exclusive right belongs to the Operator by virtue of its creation
Agreement shall mean this user agreement on the use of the eXpress mobile application
Device shall mean a mobile technical device (smartphone, tablet or other device) with access to the Internet, on which the Application is installed
License shall mean ordinary (non-exclusive) non-transferable revocable royalty-free license to use the Application

3. Subject of the Agreement

3.1. The Operator shall grant the User the right to use the Application on the terms and conditions of the License within the limits and in the manner defined in this Agreement.

3.2. Information about the use and functionality of the Application, as well as system requirements shall be available on the Operator’s Official Website at: https://express.ms/

3.3. The License shall be provided on the following terms and conditions:

(1) Licensed territory shall encompass all countries of the world
(2) License period shall be from the day the User starts using the Application and accepts the terms and conditions of the License and until the moment of deletion of the Application from the Device and/or change of the User of the Device;
(3) The License shall entitle the User to use the Application in the following ways and to the following extent:

(a) to copy and install the Application into the memory of the Device;
(b) to run the Application on the Device;
(c) to use the Application for its intended purpose as defined in clause 4.5. of the Agreement.

All of the actions listed in this clause associated with the use of the Application shall be performed by the User independently;
(4) Other uses of the Application that are not specified in this Agreement, shall be prohibited. Specifically, the User may not:

(a) post Content in the Application, which the User has no right to post, and/or which: is illegal; is compromising (discrediting, denigrating honor and dignity or business reputation); violates the privacy of third parties; contributes to national, racial or religious hatred or hostility or discrimination on any grounds, or promotes these phenomena; shows or promotes violence, cruelty to animals; contains extremist materials; promotes criminal activity; includes any other information that is prohibited for distribution in accordance with the applicable legislation of the Russian Federation;
(b) use the Application as part of commercial products, to offer commercial products or services to third parties or for any other commercial purposes without the Operator’s express consent;
(c) modify, improve, translate into other languages, decompile, disassemble, decode, emulate, violate the integrity, restore the source code of the Application or any parts thereof;
(d) use the Application to violate the rights of third parties, as well as for purposes that run counter to the applicable legislation of the Russian Federation;
(e) sublicense, sell, assign, grant for use and lease, distribute, transfer or otherwise grant the rights to use the Application to third parties.

4. Terms of Use of the Application

4.1. The use of the Application on any terms and conditions other than those specified in this Agreement shall be prohibited.

4.2. Before using the Application, the User shall read and understand the text of the Agreement. If the User disagrees with any particular provision of the Agreement or with the Agreement as a whole, they shall stop any use of the Application. By consenting to the terms and conditions of the Agreement in accordance with clause 7.1. of the Agreement and in combination with the continued use of the Application, the User unconditionally and fully agrees to all of the terms and conditions of the Agreement.

4.3. In the context of Subclause 2 of Clause 3.3, Clause 4.2. and Clause 7.1. of the Agreement, “beginning of use” shall mean any actions aimed at using the Application or its features. “Beginning of use” shall also include, without limitation: downloading, recording and storing the Application in the memory of the Device.

4.4. The Agreement and the eXpress Mobile Application Privacy Policy shall be posted in the Application and on the Operator’s Official Website.

4.5. The User may use the Application to organize communication (exchange of messages) with other users and perform operations (sending messages, leaving comments, posting Content, submitting information that the User is in a certain geographic location, etc.).

4.6. To be able to use the features and services of the Application, the User must complete the registration procedure, as a result of which a unique personal account will be created for the User.

4.7. The Operator shall process the User’s personal data contained in the Application in accordance with the terms and conditions of the eXpress Mobile Application Privacy Policy.

4.8. By accepting the terms and conditions of the Agreement, in the manner prescribed in Clause 7.1. of the Agreement, the User, acting on their free will and to their benefit, for the purposes of the execution and implementation of the Agreement, shall hereby grant the Operator the right:

(1) to post notices by the Operator in the Operator’s Application (about Application software updates, introduction of new features to the Application, etc.)
(2) to perform automated processing with the following actions: receipt (collection), record, systematization, accumulation, storage, refinement (update, modification), retrieval, use, transfer (provision, access), blocking, deletion and destruction of personal data (the composition of the User’s personal data processed by the Operator with a view to delivering to the User the features and services of the Application shall be available in the eXpress Mobile Application Privacy Policy), which is independently entered and/or provided by the User when conducting operations in the Application and/or when using its features, to enable the use of the features and services of the Application;
(3) to perform automated processing (with the following actions: collection, record, systematization, accumulation, storage, use, destruction) of the User’s cell phone number, as well as phone numbers from the contact list in the User’s Device, as long as the Operator’s Application is allowed to access the User’s contact list by means of the operating system of the Device, for the purpose of providing the User with a service enabling communication (exchange of messages) between users of the Application.

4.9. Personal data processing shall be carried out throughout the entire period of use of the Application, as well as for 3 (three) years from the day of termination of the use of the Application.

4.10. The User shall have the right and opportunity to stop using the Application by deleting it from the memory of all Devices.

4.11. The Operator shall process the User’s personal data, as well as ensure the confidentiality and protection of the processed personal data in compliance with the applicable requirements of Federal Law No. 152-FZ “On Personal Data” of July 27, 2006. When processing personal data, the Operator shall take necessary legal, organizational and technical measures to protect the personal data received from the User from unauthorized or accidental access, destruction, modification, blocking, copying, provision, distribution, as well as from other illegal acts with respect to the personal data received from the User.

5. Additional Conditions

5.1. If the use of the Operator’s Application should be considered a prohibited activity or an activity requiring special permissions, provision of notifications etc. under the applicable national legislation of the User, the latter shall discontinue the use of the corresponding features of the Operator’s Application or the entire Operator’s Application and shall bear responsibility for any failure to comply with this condition.

5.2. The Operator shall be entitled to post notices in the Application for the User concerning the operation of the Application, software updates and changes in the composition of the functional capabilities of the Application.

5.3. The User is hereby notified and agrees with the following:

(1) the security and confidentiality of the User’s data (including personal data) processed on the Device shall be ensured directly by the User;
(2) the Operator shall be entitled to set limits and restrictions on the use of the Application and may change them at its sole discretion without prior notification of the User;
(3) the Operator’s Application, with a view to achieving its full functionality and as long as the User allows the Operator’s Application to access the cameras and photo gallery of the Device by means of the operating system of the Device, may access the cameras and photo gallery of the Device in order to retrieve and use photos as part of the features and services implemented in the Application, including for the creation and saving of photos in the user profile in the Application;
(4) the Operator’s Application, with a view to achieving its full functionality and as long as the User allows the Operator’s Application to access the geographic location (geolocation), calendar and contact list of the Device by means of the operating system of the Device, can access the geographic location (geolocation), calendar and contact list of the Device as part of the features and services implemented in the Application;
(5) the Operator’s Application may send notifications in the Application (including push notifications);
(6) the Operator uses third-party libraries and software for scanning and recognizing QR codes to provide the User with the service to authorize access to the features and services of the Application via the web interface. Third-party libraries and software shall be used by the User and distributed by the Operator under the terms and conditions of respective third-party licenses;
(7) the Operator shall use partner services to collect and use statistical information (statistical information does not contain users’ personal data) about the use of the Application by users under agreements entered into with the Operator’s partners
(8) all external software shall be provided under the terms and conditions of the Agreement;
(9) use of the Application, message communication and data transfer shall only be possible if there is access to the Internet. For continuous operation of the Application the User must ensure the adequate quality of access to the Internet on their Device.

6. Liability of the Parties

6.1. The Operator provides no guarantees as to the compliance of the Application with the User’s specific goals and expectations and provides no other guarantees that are not expressly specified in the Agreement. Under no circumstances shall the Operator be liable to the User for any losses, including any direct, indirect, intentional, accidental or consequential losses of any nature resulting from the Agreement or from the use or impossibility to use the Application (including, without limitation, losses resulting from damage to goodwill, stoppage, technical failure, accident or malfunction or any commercial losses, costs or damages, as well as lost profit or unjust enrichment).

6.2. The Operator shall take all reasonable measures and perform any necessary actions aimed at ensuring the safety of the User’s personal data and maintaining the operability of the Application. The Operator shall not provide warranty maintenance of the Application.

6.3. The Operator shall not be responsible for the transfer of information to third parties by the User via the Application, as well as in cases when information from the Application becomes available to third parties as a result of their unauthorized access to the Device or virus or malware infection of the Device.

6.4. The Operator shall not be responsible for the impossibility to use the Application due to circumstances beyond its control.

6.5. The Operator shall reserve the right to limit the functionality of the Application, or at any time, at its sole discretion, to disable certain functions within the Application, or to completely prevent the use of the Application.

6.6. The Agreement shall grant the User no rights to use any intellectual property items, including the trademarks and service marks of the Operator or its partners, except for the rights provided by this Agreement.

6.7. The Operator shall not control the substance of the Content posted, transmitted, used in the Application, shall not initiate transfer of the Content and/or information posted by the User in the Application and shall not bear responsibility for them. The User shall solely bear personal responsibility for any Content or other information they post, transmit and/or use in or via the Application. If any claims should be presented to the Operator concerning the violation of third party rights, or in case notices should be received from the competent state authorities about the violation of the applicable legislation caused by the posting, use, transfer of Content and/or information by the User and/or in case corresponding risks should occur, the Operator shall be entitled to delete respective Content and/or information.

6.8. The User shall be liable in accordance with the applicable legislation of the Russian Federation for any failure to perform or improper performance of any of the obligations assumed by the User under the Agreement, as well as for any violation of the terms and conditions of the License.

6.9. Any violation of the terms and conditions of the Agreement by the User shall entail termination of the License.

6.10. If the User should continue using the Application after the termination of the License, the User shall be liable in accordance with the applicable legislation of the Russian Federation.

7. Concluding Provisions

7.1. The User shall accept the terms and conditions of the Agreement by their active actions (by pressing the button / selecting the Confirm menu item (the button / menu item in the Application shall be implemented by respective software. The Operator shall be entitled to change the design and name of this button)), which, pursuant to Articles 435 and 438 of the Civil Code of the Russian Federation, shall constitute acceptance of the Operator’s offer. The actual commencement of the use of the Application by the User shall constitute confirmation of the User’s adherence to the terms and conditions of the Agreement within the meaning and following the procedure established by Clause 5 of Article 1286 of the Civil Code of the Russian Federation. The User shall agree to the terms and conditions of the Agreement by each use of the Operator’s Application in the version effective at the time of the actual use of the Application.

7.2. The Agreement shall apply to all subsequent updates / new versions of the Application. By agreeing to the installation of an update / new version of the Application, the User shall accept the terms and conditions of the Agreement for respective updates / new versions of the Application, unless such an update / new version of the Application is accompanied by a different License Agreement.

7.3. The Agreement may be amended unilaterally by the Operator. The User shall be notified of any amendments made to the terms and conditions of the Agreement in the new version of the Application and/or on the Official Website. The said amendments shall come into effect as from the day of their publication, unless otherwise stipulated in the respective post. The Operator shall be entitled to revoke this License from any User at any time.

7.4. The Operator hereby declares that it is the sole owner of all the exclusive rights to the Application and is entitled to exercise them at its sole discretion within the framework of the applicable legislation.

7.5. The Operator hereby declares that the applicable legislation of the Russian Federation shall apply to the User’s and the Operator’s rights and obligations under the Agreement regardless of the location of the Operator, the User or the User’s Device.

7.6. The User and the Operator shall settle all disputes, differences and claims that may arise in connection with the implementation, termination or invalidation of the Agreement by negotiation in compliance with the mandatory claim procedure. However, where disputes cannot be resolved by negotiation, they will be resolved by judicial procedure in accordance with the applicable legislation of the Russian Federation at the location of the Operator, and the language of court proceeding shall be Russian.

7.7. In the event of termination of the Agreement or expiration of the License, the User shall immediately stop any use of the Application and remove it from the memory of all Devices.