ON THE PROCESSING AND USE OF PERSONAL DATA WHEN USING OBJECTS OF INTELLECTUAL PROPERTY AND OTHER RESOURCES OF "FOM GROUP"LLC
This Agreement on the processing and use of personal data when using intellectual property and other resources of "FOM GROUP" LLC (hereinafter referred to as the "Agreement") has been developed in accordance with the Civil Code of the Republic of Uzbekistan, the Law of the Republic of Uzbekistan "On Personal Data" and other legislative and regulatory acts of the Republic of Uzbekistan.
This document is an Agreement between "FOM GROUP" LLC (hereinafter - "FOM") and the subject of civil-law relations (hereinafter - "FOM Resources") and applies to all personal data that FOM may receive about the User during his use of the FOM Resources.
This agreement comes into force from the moment it is posted on the FOM Resource on the Internet and is valid until the official notice of its withdrawal is posted on the website.
FOM reserves the right to amend the terms of this Agreement at any time in its sole discretion, in the manner prescribed by this Agreement.
The terms of this Agreement are thesame for all Users of FOM Resources.
1. TERMS AND DEFINITIONS
The official FOM website on the Internet is arzonapteka.uz, the mobile application ArzonApteka, Special programs @ArzonAptekaBot (Telegram bot), as well as their components and individual components (including, but not limited to: computer programs, databases, codes lying they are based on know-how, algorithms, design elements, fonts, logos, as well as text, graphic and other materials) that are objects of intellectual property, protected in accordance with the legislation of the Republic of Uzbekistan and international law, any use of which is permitted only with permission from FOM.
Limited Liability Company "FOM GROUP" registered and operating in accordance with the legislation of the Republic of Uzbekistan, located at the address: Tashkent, Yu.Abad district, st. Sh. Rashidova, 93A, the owner of the FOM Resources and all intellectual rights to it, on whose behalf this Agreement is published, the name and all details of which are indicated on the website.
A subject of civil legal relations who has agreed to the terms set forth in this Agreement by performing the implicit actions specified in the Agreement aimed at using the FOM Resources.
User's Personal Data
Information related to the User, which makes it possible to identify him, voluntarily specified or uploaded by the User when registering on the FOM Resources. Personal data is stored in the FOM database and is subject to use only in accordance with this Agreement and the current legislation of the Republic of Uzbekistan.
A computer, tablet, mobile phone, communicator, smart phone or other mobile technical device that has access to the Internet, on which the FOM Resources are installed or through which the FOM Resources will be used.
The procedure during which the User provides reliable data about himself in the form approved by the FOM. Registration is considered complete only if the User has successfully completed all its stages, including activation by entering the code received via SMS to the User's phone. style='font-family:"Times New Roman","serif";color:windowtext; >
A set of records in the FOM database that identifies the User with the credentials specified by him during registration, and allows you to manage the parameters provided using the FOM Resources. style='font-family: "Times New Roman","serif";>
Pharmacies, which are independent organizations that provide data on medicines and related products and their availability, post data on FOM Resources less than once a day. At the same time, FOM is not responsible for the accuracy of the data posted by the Partners. Data on the actual availability of drugs and related products may differ from those provided the day before. You can get up-to-date information about medicines and related products by calling the appropriate pharmacy.
Using the FOM Resources in order to search for medicines and related products sold by Partners, as well as additional services provided by FOM on the terms and at prices indicated on the corresponding pages of the FOM website containing a description of the services offered.
2. GENERAL PROVISIONS
2.1. This Agreement applies to all personal data that the FOM may receive about the Userwhen he uses the FOM Resources, and also establishes the conditions and rulesfor the use of the FOM Resources by the Users.
2.2. User registration on the FOM Resource means the User's unconditional consent to allthe terms of this Agreement (Agreement Acceptance). In case of disagreementwith these conditions, the User does not register on the FOM Resources.
2.3. The User's consent to the provision of personal data to FOM and their processing isvalid until the termination of FOM's activities or until the User withdrawsconsent. By accepting this Agreement and going through the Registrationprocedure, as well as making subsequent access to the FOM Resources, the Userconfirms that he, acting on his own will and in his interest, transfers hispersonal data for FOM processing and agrees to their processing. The user isnotified that the processing of his personal data will be carried out by theOperator on the basis of the current Law of the Republic of Uzbekistan "OnPersonal Data".
2.4. FOM grants the User the right to use the FOM Resources and its Services in fullcompliance with this Agreement.
2.5. The use of FOM Resources grants the User the right to:
- copying and installation into the Device memory,
- playback on the Device,
- use of the FOM Resources for their direct functionalpurpose for the purposes specified in this Agreement.
2.6. This Agreement, in accordance with article367 of the Civil Code of the Republic of Uzbekistan, is an official publicoffer of the FOM granting the User the right to use the FOM Resources to searchfor medicinal products and related products authorized for sale and sold byPartners.
2.7. Pressing the "Accept" buttonconfirms that the User has read and accepted the terms of this Agreement infull when using the Site and the Mobile Application.
2.8. Pressing the "START" buttonconfirms that the User has read and accepted the terms of this Agreement infull when using the Telegram bot.
2.9. By agreeing to the terms of thisAgreement, the User confirms his right and legal capacity, confirms theaccuracy of his personal data and assumes full responsibility for theiraccuracy, completeness and reliability.
2.10. FOM assumes the improvement andmodification of the FOM Resources, the introduction, removal of some functionsand capabilities, in connection with which this Agreement may be amended and/orsupplemented by FOM unilaterally. The continued use of the FOM Resources afterthe introduction of changes and / or additions to this Agreement confirms theUser's consent to such changes and/or additions. If the User disagrees with anyof the provisions of these documents, the User is not entitled to use the FOMResources.
2.11. By accepting the terms of this Agreement,the User confirms his consent to receive information about the functioning ofthe FOM Resources, including receiving advertising, informational and othermessages to the email address or phone number, as well as to receive relevantinformation in the FOM Resource.
2.12. The current version of the Agreement isposted on the FOM website at the address: arzonapteka.uz/site/conf formandatory review before the User accepts the terms of the Agreement (Offer).
3. LIST OF PERSONAL DATA AND OTHER INFORMATION ABOUT THE USER
3.1. When using the FOM Resources, the User provides the following personal data:
3.1.1. Reliable personal information that the User provides about himself / herself duringRegistration and / or in the process of using the FOM Resources, including lastname, first name, patronymic, date of birth, information about an identitydocument, place of residence, phone number (home or mobile), email address,social media page address, geolocation, etc.
3.1.2. Data that is automatically transmitted to the services of the Site in the course oftheir use using the software installed on the User's device, including the IPaddress, information about the User's browser (or other program through whichthe services are accessed).
3.1.3. FOM does not verify the accuracy of the personal data provided by the User. At thesame time, FOM assumes that the User provides reliable and sufficient personalinformation on the issues proposed in the Registration form.
4. PURPOSE OF USE OF PERSONAL DATA
4.1. FOM processes personal data that are necessary to use the FOM Resources.
4.2. The User's personal data is used by FOM for the following purposes:
4.2.1. User identification;
4.2.2. Providing the User with personalized services;
4.2.3. Maintaining communication with the User, if necessary, including sendingnotifications, requests and information related to the use of FOM Resources,the provision of services, as well as processing requests and applications fromthe User;
4.3. The user hereby grants his consent that the information provided by him belongs tothe public.
4.4. During the processing of personal data, the following actions will be performed: collection, recording,systematization, accumulation, storage, clarification (update, change),extraction, use, transfer (distribution, provision, access); depersonalization;blocking; deletion; destruction.
4.5. The user does not object that the information specified by him in certain cases may be provided to authorizedstate bodies in accordance with the current legislation of the Republic ofUzbekistan.
4.6. The User's personal data is stored andprocessed by FOM in the manner prescribed by this Agreement during the entireperiod of FOM's activities.
4.7. The transfer of the User's personal datato the FOM is lawful when the FOM is reorganized and the rights are transferredto the assignee. In this case, all obligations to comply with the terms of thisAgreement in relation to the personal information received by him aretransferred to the assignee.
4.8. The User's personal data may be processedin order to fulfill the terms of the Agreement, collect and analyze materialsregarding the relevance of the FOM Resources, check, research and analyze datathat allow you to maintain and improve the functionality of the FOM Resources.
4.9. The user consents to the possible transferof his personal data to third parties in order to fulfill the purposes ofprocessing personal data.
4.10. Personal data is processed until thetermination of this Agreement.
4.11. Consent is given, inter alia, toinformation (advertising) notifications.
4.12. Consent may be revoked by the User bysending a written statement to FOM or his representative at the addressspecified in this Agreement.
5. ORDER OF USE OF FOM RESOURCES
5.1. FOM resources allow the User to search fordrugs and related products that are approved for sale and sold by Partners.
5.2. With the help of the FOM Resources, theUser can be provided with other additional services on the terms and at theprices indicated on the corresponding pages of the FOM website containing adescription of the services offered.
5.3. The FOM Resources may have interactivetips and other guidance materials that explain to the User how to use the FOMResources, including the payment procedure (if applicable).
6. RIGHT AND RESPONSIBILITIES OF FOM
6.1. FOM has the right to:
6.1.1. provide the User with access to the FOMResources and maintain the FOM Resources in working order, as well as have theright to suspend the provision of access to the FOM Resources for the timerequired to carry out routine maintenance and recovery work on the equipmentwith prior notification to the User.
6.1.2. provide the right to use the FOMResources in accordance with this Agreement around the clock 7 (seven) days aweek, including weekends and holidays, with allowable technological breaks ofno more than 5 (five) hours per month.
6.1.3. by calling and sending SMS messages,contact the User in order to check the quality of the FOM Resources andcommunicate critical information for the User.
6.1.4. request electronic copies of documentsto confirm the identity of the User.
6.1.5. block the User's access to the FOMResources in the event of violations by the User of the obligations specifiedin this Agreement.
6.1.6. transfer the rights and obligationsunder this Agreement to third parties for the purpose of executing thisAgreement without the additional consent of the User.
6.1.7. terminate this Agreement at any time fororganizational or technical reasons unilaterally, block the possibility of itsfurther use 6.1.8. at its discretion, determine the fact of violation by theUser of the terms of this Agreement and take those measures that it deemsappropriate.
6.2. FOM is committed to:
6.2.1. make all reasonable efforts to ensurethe stable operation of the FOM Resources, to gradually improve it, to correcterrors in the operation of the FOM Resources, however, the FOM Resources isprovided to the User on an "as is" basis. This means that the FOMdoes not guarantee that FOM Resources will be error free;
6.2.2. ensure the confidentiality and safety ofall data received from the User, except for cases when such disclosure occurredfor reasons beyond the control of FOM, as well as except for cases stipulatedby the current legislation of the Republic of Uzbekistan.
6.2.3. provide advice to the User on the use ofFOM Resources. At the same time, written consultations are provided only at theofficial request of the User by phone number: +998 71 2070808 or by nickname in Telegram - @fomgroup. Specialist advice may beprovided on matters related to the operation of the FOM Resources. Advice onmatters not related to the operation of the FOM Resources is not provided.
7. RIGHTS, OBLIGATIONS AND WARRANTIES OF THE USER
7.1. The user has the right to:
7.1.1. use the FOM Resources, not prohibited bythis Agreement and the current international and legislation of the Republic ofUzbekistan in ways within their functionality.
7.1.2. use the FOM Resources solely forpersonal, non-commercial use in accordance with the terms of this Agreement.
7.1.3. contact FOM to clarify the situation andtake the necessary measures if technical problems arise in the operation of theFOM Resources, as well as if the User receives messages that are unauthorizedadvertising mailing, or contain materials prohibited by this Agreement,including threats or files with suspicion to a virus, as well as if the Userdiscovers facts giving grounds to believe that his access to the FOM Resourceswas used by someone unauthorized.
7.1.4. will ask for advice on issues related tothe use of FOM Resources.
7.1.5. require the safety of your personaldata, as much as it depends on the FOM in accordance with the currentinternational and legislation of the Republic of Uzbekistan.
7.1.6. at any time to refuse calls, receivingSMS-messages and other informational advertising mailings, informing FOM aboutit.
7.2. The user undertakes:
7.2.1. while using the FOM Resources, do notviolate the intellectual property rights of FOM.
7.2.2. when registering on theFOM Resources, enter the requested data accurately and carefully, carefullychecking the correctness of the entered data.
7.2.3. not to use the FOM Resources inviolation of the rights and legitimate interests of FOM, other class=SpellE>rightholders, third parties, this Agreement and thelegislation of the Republic of Uzbekistan.
7.2.4. take appropriate measures to ensure thesafety of his Device and bears personal responsibility in case of access to hisDevice by third parties. In case of loss of the Device, the User is obliged toimmediately inform about the need to block cards and accounts (if applicable).The User undertakes to carefully and carefully store the data used foridentification on the FOM Resources, if such data becomes known to thirdparties, the User undertakes to immediately change the access codes.
7.2.5. never and under any circumstances usethe FOM Resources to carry out actions prohibited or limited by internationallaw and the legislation of the Republic of Uzbekistan.
7.2.6. not damage the FOM Resources, softwareshell, hardware and software.
7.2.7. reimburse FOM for any losses caused toFOM in connection with the User's use of the FOM Resources and violation ofthis Agreement, including intellectual rights, information, etc.) of thirdparties.
7.3. The user guarantees that:
7.3.1. he is the subject of civil relations.
7.3.2. he received all the necessary consentsand permissions provided for by the current legislation (if applicable) forposting, transferring and publishing personal data and (or) images ofindividuals that are part of the User's Personal Registration Data. The useragrees to comply with all relevant requirements and restrictions of the law inrelation to them.
7.3.3. The user has no right to carry out anyunauthorized actions with the FOM Resources, including distributing the FOMResources through various Internet resources and portals, hacking thefunctionality of the FOM Resources, using parts of the FOM Resources.
8. PROCEDURE FOR RESOLUTION OF DISPUTES AND SATISFACTION OF CLAIMS
8.1. All disputes and claims are regulated on the basis of the provisions of thisAgreement, and if they are not settled - in the manner prescribed by applicablelaw.
8.2. Any questions, comments and other correspondence of the User should be directed toFOM by sending an email to FOM's email address. FOM is not responsible and doesnot guarantee a response to inquiries, questions, suggestions and otherinformation sent to it in any other way.
8.3. Claims arising in connection with this Agreement are sent to FOM by sending an emailto FOM's email address. FOM undertakes to consider this claim within 10 (ten)business days, if necessary, by sending a letter stating its position to thee-mail address indicated in the claim. At the same time, the claims of theUsers, whom it is not possible to identify on the basis of the data provided tothem during registration (including anonymous claims), FOM does not consider.If the User does not agree with the reasons given by FOM in response to theclaim, the procedure for its settlement is repeated by sending a reasonedresponse from the User using mail, namely by registered mail with notification.
8.4. The user and FOM agree that if it is impossible to resolve disputes arising inconnection with this Agreement, through negotiations, such disputes areresolved by the parties in the manner prescribed by the legislation of theRepublic of Uzbekistan at the location of FOM.
9. LIABILITY OF THE PARTIES
9.1. The user is responsible for the use of the FOM Resources in any way, includingthose not expressly specified in this Agreement.
9.2. The User acknowledges and agrees that the IP address of the User's device isrecorded by the technical means of the FOM, and in the event of illegalactions, including actions that violate the intellectual rights of thirdparties, the owner of the device, determined by the technical means of the FOMby IP belonging, is recognized as responsible for these illegal actions IP-addresses.
9.3. The user is responsible to FOM for providing accurate and up-to-date contact andregistration information about himself when using the FOM Resources. In theevent of a change in the specified data, the User is obliged to inform FOMabout this by independently changing his data.
9.4. Limitation of Liability. FOM is not responsible for:
9.4.1. uninterrupted operation of the FOMResources and its compatibility with the software and technical means of theUser and other persons;
9.4.2. causing any losses that have arisen ormay arise in connection with or when using the FOM Resources;
9.4.3. non-fulfillment or improper fulfillmentof their obligations due to failures in telecommunications and energy networks,actions of malicious programs, as well as unfair actions of third parties aimedat unauthorized access and (or) disabling the FOM software and (or) hardwarecomplex.
9.4.4. errors made by the User when enteringdata.
9.5. The responsibility of the Parties in othercases not provided for by this Agreement is determined in accordance with thecurrent legislation of the Republic of Uzbekistan.
10. PERIOD OF VALIDITY OF AN AGREEMENT
10.1. This Agreement is concluded between the Parties for an indefinite period.
11. NOTIFICATIONS AND MESSAGES, EXCHANGE OF DOCUMENTS
11.1. Changes to the terms of this Agreement are made by FOM unilaterally, by sending theUser appropriate notices (including by posting relevant information on the FOMwebsite, publishing in the media, by sending an SMS, or to an e-mail address,as well as in other ways acceptable FOM).
11.2. Notification documents and messages containing confidential information, including on issuesrelated to the change in this Agreement at the initiative of the User, must besent either in writing in the form of a paper document or in electronic form inways that allow you to establish the Party from which the notificationoriginates. In particular, by sending an email message to the FOM email addressand the User's email address specified by him when registering on the FOMResources.
11.3. Any document, notice or message in writing in the form of a paper document sent byone of the Parties to the other Party, in the cases specified in clause 11.2.of this Agreement is legally binding only if it is sent to the addressspecified in this Agreement. The notification can be delivered in person orsent by registered mail and will be deemed received:
11.3.1. upon delivery in person - on the date of delivery;
11.3.2. when sent by registered mail - on the date specified in the receipt confirming the delivery of the correspondingpostal item by the communications organization.
11.4. The above provisions of this section are recognized by the Parties as an agreement between them, as between participantsin electronic interaction, establishing cases of recognition of electronicdocuments signed with a simple electronic signature, equivalent to paperdocuments signed with a handwritten signature.
12. FINAL PROVISIONS
12.1. FOM reserves the right to unilaterallyand without prior notice to Users change the terms of this Agreement by postingthe final version of the Agreement on the website 5 (five) calendar days beforethe changes take effect. The provisions of the new edition of the Agreementbecome binding on all previously registered Users of the Site from the date ofits entry into force.
12.2. The user confirms that he has read allthe provisions of the Agreement, understands and accepts them.