Privacy Policy

of Unlimited Production Joint-Stock Company

1. Terms and definitions

1.1. The following terms and definitions shall apply to this Policy:

Company - shall mean the licensor, Unlimited Production Joint-Stock Company. Abbreviated name Unlimited Production JSC (Taxpayer Identification Number (INN): 9707047232, Taxpayer Classification Code (KPP): 770701001);
Official Website - shall mean the Company’s website on the Internet https://express.ms/;
Policy - shall mean this policy on the use of the Corporate Messenger eXpress and the Company’s Official Website;
Software Application User - shall mean the licensee, an individual (Customer), aged 18 years or more, who has installed the Software Application on the Device and completed registration using the phone number;
Website Visitor - shall mean an individual who has opened any page of the Official Website (has accessed the Official Website) from the Device;
Website User - shall mean an individual who has sent a request or application to the Company through the feedback forms on the Official Website;
Newsletter Subscriber - shall mean an individual who has completed the subscription form for receiving informational and advertising messages from the Company on the Official Website;
Software Application - shall mean the Corporate Messenger eXpress (web application, desktop application, mobile application) located on the Internet at https://express.ms/download/, to which the exclusive right belongs to the Company by virtue of its creation;
Device - shall mean a mobile or fixed technical device (smartphone, tablet, personal computer, laptop or other device) with access to the Internet, on which the Software Application is installed or from which the Official Website is accessed;
Software Application User Information - shall mean information from the public profile of the Software Application User that can be obtained from the Device when registering using a phone number and/or when using the Software Application;
Website Visitor Information - shall mean Website Visitor information that can be processed by the Company when the Website Visitor accesses the Official Website;
Website User Information - shall mean Website User information that can be processed when sending requests and applications through feedback forms on the Official Website, as well as during further processing of such requests and applications;
Newsletter Subscriber Information - shall mean Newsletter Subscriber information that is provided by the Newsletter Subscriber when submitting the newsletter subscription form on the Official Website;
Content - shall mean all items independently posted by the Software Application User in the Software Application, including design, 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 Software Application User or other right holders.

2. General Provisions

2.1. The Policy governs the scope and terms and conditions of processing the information of Software Application Users, Website Visitors, Website Users and Newsletter Subscribers (hereinafter referred to as the “data subjects”).

2.2. The use of the Software Application or the Official Website shall imply the unconditional consent to the Policy and the terms and conditions for the processing of the information specified herein.

2.3. The Policy shall apply only to the Software Application and the Official Website. The Company does not control and shall not be responsible for the information transferred (consequences of its transfer) by the data subjects to any third party, if such a transfer was carried out on that third party’s resource, which can be accessed by the data subject via links in the Software Application or on the Official Website.

2.4. The Company does not process data from corporate profiles of Software Application Users. Data from corporate profiles of Software Application Users is processed by the owners of the relevant corporate servers in accordance with their internal regulatory documentation.

2.5. The Company shall be entitled to unilaterally amend this Policy by posting a new version of the Policy on the Company’s Official Website and/or in the Software Application. The data subject shall be obliged to independently read and understand the current version of the Policy

2.6. If any provisions of this Policy contradict the provisions of the legislation of the Russian Federation, the provisions of the Policy shall not apply.

2.7. The Company processes information of the following categories of individuals using the Official Website or the Software Application: :
(1) Software Application Users;
(2) Website Users;
(3) Website Visitors;
(4) Newsletter Subscribers.

3. Cookies Processing

3.1. The Company uses cookies and other technologies to track the activity and store information of data subjects. Cookies are sent to the browser from the Company's web servers and stored on the Device.

3.2. Cookies make it possible to collect and track data for analysis and subsequent improvement of the Software Application and the Official Website.

3.3. . Users of the web version of the Software Application and Website Visitors may refuse from cookie processing in accordance with the operating instructions of the browsers used by them. In this case, some features of the Company's Official Website and the web version of the Software Application may be unavailable.

4. Composition of Information Subject to Processing

4.1. Additionally, within the framework of this Policy, the Company has the right to process statistical information 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 Software Application.

5. Purposes of Processing Information

5.1. The Company shall collect and further process information for the following purposes and for the following categories of individuals:

5.2. The Company shall process Data Subject Information only for certain purposes and only such information, which is relevant to the achievement of such goals.

6. Conditions for the Processing of Information

6.1. Software Application User Information may be stored on the Company's resources during the period of use by the Software Application User in accordance with the terms of the User Agreement for the use of the Corporate Messenger eXpress, as well as for 3 (three) years after the Software Application User stops using the Software Application.

6.2. Information of Website Users and Newsletter Subscribers is processed by the Company until the purposes specified in Clause 5.1 are achieved, as well as for 3 (three) years after such purposes are achieved, or the processing is stopped upon the withdrawal of consent to data processing.

6.3. The Company shall stop processing the information of Website Visitors after the purposes specified in Clause 5.1 are achieved, or upon the withdrawal of consent to data processing.

6.4. All information of data subjects is stored in databases located in the Russian Federation.

6.5. The Company may perform the following actions with the information of data subjects: collection, record, systematization, accumulation, storage, refinement (update, modification), retrieval, use, transfer (provision, access), blocking, deletion and destruction.

6.6. Information is transferred to the following third parties:

7. Grounds for Processing Information

7.1. Information of the Software Application User, Website User or Website Visitor is processed on the following grounds:

8. Measures for Proper Organization of Processing and Ensuring the Security of Information

8.1. When processing data subject information, the Company shall take all necessary legal, organizational and technical measures to protect it from unauthorized or accidental access, destruction, modification, blocking, copying, provision, distribution, as well as from other illegal actions in relation to it. Ensuring the security of information shall be achieved, in particular, in the following ways:

8.1.1. Publication of documents defining the Company's policy regarding the processing of data subject information and governing the rules for processing such data;

8.1.2. Application of legal, organizational and technical measures to ensure the security of the data subject information during their processing in the information systems of the Company, in particular:
(1) Implementation of methods for restoring data modified or destroyed due to unauthorized access;
(2) Implementation of access control, establishment of the rules for accessing data processed in the Company’s information systems;
(3) Implementation of registration of data-related events;
(4) Implementation of antivirus protection;
(5) Use of firewall tools;
(6) Use of secure data transmission protocols and data encryption.

9. Rights of Data Subjects

9.1. Data subjects shall have the right to:
(1) receive information about the composition and content of the information processed;
(2) request updating, correction or deletion of information;
(3) withdraw consent to the processing of information;
(4) submit complaints regarding the processing of information;
(5) exercise any other rights stipulated by the legislation;
(6) specify the e-mail address for sending requests and the request review deadlines;
(7) update their personal data;
(8) withdraw consent to data processing.

10. Access to the Policy

10.1. The current version of the Policy shall be available in the Software Application and on the Official Website at https://express.ms/legal/.

10.2. The Policy may be changed by the Company unilaterally. Notification about the changes made to the terms of the Policy shall be available in the new version of the Software 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 Software Application and on the Official Website, the version provided in the Software Application shall prevail for the Software Application User; the version provided on the Official Website shall prevail for the Website User, Website Visitor and Newsletter Subscriber.

Software Application USER AGREEMENT

1. General Provisions

1.1. This User Agreement (hereinafter referred to as the “Agreement”) establishes the conditions for using the Software Application for Devices and shall be concluded between the Company 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 Software 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 Software Application User or other right holders;
Company shall mean the licensor, Unlimited Production Joint-Stock Company. Abbreviated name Unlimited Production JSC (Taxpayer Identification Number (INN): 9707047232, Taxpayer Classification Code (KPP): 770701001);
Company’s Official Website shall mean the Company’s website on the Internet — https://express.ms/;
Software Application User shall mean the licensee, an individual (Customer), aged 18 years or more, who has installed the Software Application on the Device and completed registration;
Software Application shall mean the Corporate Messenger eXpress (web application, desktop application, mobile application) located on the Internet at https://express.ms/download/, to which the exclusive right belongs to the Company by virtue of its creation;
Agreement shall mean this User Agreement on the use of the Software Application;
Device shall mean a mobile or fixed technical device (smartphone, tablet, personal computer or laptop), with access to the Internet, on which the Software Application is installed;
License shall mean ordinary (non-exclusive) non-transferable revocable royalty-free license to use the Software Application.

3. Subject of the Agreement

3.1. The Company shall grant the Software Application User the right to use the Software 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 Software Application as well as system requirements shall be available on the Company’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 Software Application User starts using the Software Application and accepts the terms and conditions of the License and until the moment of deletion of the Software Application from the Device and/or change of the Software Application User of the Device;
(3) The License shall entitle the User to use the Software Application in the following ways and to the following extent:

(a) to copy and install the Software Application into the memory of the Device;
(b) to run the Software Application on the Device;
(c) to use the Software 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 Software Application shall be performed by the User independently.

(4) Other uses of the Software Application that are not specified in this Agreement shall be prohibited. Specifically, the Software Application User may not:

(a) post Content in the Software Application, which the Software Application 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 Software Application as part of commercial products, to offer commercial products or services to third parties or for any other commercial purposes without the Company’s express consent;
(c) modify, improve, translate into other languages, decompile, disassemble, decode, emulate, violate the integrity, restore the source code of the Software Application or any parts thereof;
(d) use the Software 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 Software Application to third parties.

4. Terms of Use of the Software Application

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

4.2. Before using the Software 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 discontinue any use of the Software 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 Software 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 Software Application or its features. “Beginning of use” shall also include, without limitation: downloading, recording and storing the Software Application in the memory of the Device.

4.4. The Agreement and Privacy Policy shall be available in the Software Application and on the Company’s Official Website.

4.5. The User may use the Software 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 Software 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. By accepting the terms and conditions of the Agreement, in the manner prescribed in Clause 7.1 of the Agreement, the User shall hereby grant the Company the right:

4.7.1. to post Company’s notices in the Software Application (about Software Application software updates, introduction of new features to the Software Application, etc.);

4.7.2. to perform automated processing of personal data , which is independently entered and/or provided by the User, including the following actions: collection, record, systematization, accumulation, storage, refinement (update, modification), retrieval, use, transfer (provision, access), blocking, deletion and destruction of personal data to enable the use of the features and services of the Software Application;

4.7.3. 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 (except for contact names), as long as the Software 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 the Users.

4.8. User's data processing shall be carried out in accordance with the terms and conditions of the Privacy Policy.

4.9. The User shall have the right to stop using the Software Application by deleting it from the memory of all User’s Devices.

4.10. The Company shall ensure the confidentiality and protection of the processed data.

5. Additional Conditions

5.1. In the event that the use of the Company's Software Application is 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 Software Application or the entire Software Application and shall bear responsibility for any failure to comply with this condition.

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

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

5.3.1. The security and confidentiality of the data processed on the Device shall be ensured directly by the User;

5.3.2. The Company shall be entitled to set limits and restrictions on the use of the Software Application and may change them at its sole discretion without prior notification of the User;

5.3.3. The Application, as long as the User allows the Software Application to access the cameras and photo gallery 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 implemented in the Software Application, including for the creation and saving of photos in the User’s profile;

5.3.4. The Software Application, as long as the User allows the Software Application to access the geographic location, calendar and contact list, can access the geographic location, calendar and contact list as part of the features and services implemented in the Software Application;

5.3.5. The Software Application may send notifications in the Software Application (including push notifications);

5.3.6. The Company uses third-party libraries and software for scanning and recognizing QR codes to authorize access to the features and services of the Software Application via the web interface. Third-party libraries and software shall be distributed under the terms and conditions of respective third-party licenses;

5.3.7. The Company shall use partner services to collect statistical information about the use of the Software Application under agreements entered into with the Company’s partners;

5.3.8. All external software shall be provided under the terms and conditions of the Agreement;

5.3.9. Use of the Software Application and data transfer shall only be possible if there is access to the Internet. For continuous operation of the Software Application the User must ensure the adequate quality of access to the Internet on the User’s Device.

6. Liability of the Parties

6.1. The Company provides no guarantees as to the compliance of the Software Application with the User’s specific goals and expectations and provides no other guarantees that are not expressly specified in the Agreement.

6.2. The Company shall not be responsible for any losses, including any direct, indirect, accidental or consequential losses resulting from the use or impossibility to use the Software Application (including, without limitation, lost profit, data loss, losses resulting from damage to goodwill or any commercial losses).

6.3. The Company shall take all reasonable measures aimed at ensuring the safety of the User’s data and maintaining the operability of the Software Application. The Company shall not provide warranty maintenance of the Software Application.

6.4. The Company shall not be responsible for the transfer of information to third parties by the User, as well as in cases of unauthorized access to the User’s Device or malware infection of the User’s Device.

6.5. The Company shall not be responsible for the impossibility to use the Software Application due to circumstances beyond its control.

6.6. The Company shall reserve the right to limit the functionality of the Software Application or, at its sole discretion, to completely prevent the use of the Software Application.

6.7. The Agreement shall grant the User no rights to use any Company's intellectual property items, except for the rights provided by this Agreement

6.8. The Company shall not control the substance of the Content posted or transmitted by the User and shall not bear responsibility for them. The User shall solely bear personal responsibility for any Content they post.

6.9. If any claims should be presented to the Company concerning the violation of third party rights caused by the posting of Content by the User, the Company shall be entitled to delete respective Content and/or information.

6.10. The User shall be liable in accordance with the legislation of the Russian Federation for any failure to perform any of the obligations under the Agreement.

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

6.12. In the event that the User continues using the Software 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 in the Software Application authorization/registration window), which, pursuant to Articles 435 and 438 of the Civil Code of the Russian Federation, shall constitute acceptance of the Company’s offer.

7.2. The actual commencement of the use of the Software 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.

7.3. The User shall agree to the terms and conditions of the Agreement by each use of the Software Application in the version effective at the time of the actual use of the Software Application.

7.4. The Agreement shall apply to all subsequent updates and new versions of the Software Application. By agreeing to the installation of an update of the Software Application, the User accepts the terms and conditions of the Agreement, unless stipulated otherwise.

7.5. The Agreement may be amended unilaterally by the Company. The User shall be notified of any amendments in the Software Application and/or on the Official Website.

7.6. The said amendments shall come into effect as from the day of their publication, unless otherwise stipulated in the respective post.

7.7. The Company shall be entitled to revoke this License from any User at any time.

7.8. The Company is the sole owner of all the exclusive rights to the Software Application and is entitled to exercise them at its sole discretion.

7.9. The legislation of the Russian Federation shall apply to the relations between the Parties regardless of the location of the Company, the User or the User’s Device.

7.10. The User and the Company shall settle all disputes, differences and claims that may arise in connection with the Agreement by negotiation in compliance with the mandatory claim procedure. However, in the event that the disputes cannot be resolved by negotiation, they shall be resolved in the court at the location of the Company and the language of court proceeding shall be Russian.

7.11. In the event of termination of the Agreement or expiration of the License, the User shall immediately discontinue any use of the Software Application and remove it from the memory of all User’s Devices.