Пользовательское соглашение

AGREEMENT
ON THE PROCESSING AND USE OF DATA
WHEN USING OBJECTS OF INTELLECTUAL PROPERTY AND OTHER RESOURCES

This is a document regarding the processing and use of personal data when using intellectual property and other resources of the company known internationally as FOM (hereinafter defined more fully and referred to herein simply as"FOM").

In this instance, this document is an Agreement between FOM and the User as hereinafter defined (individually a"Party" and collectively the"Parties"), and applies to all Data, as hereinafter defined, that FOM may receive about the User during the User’s use of the FOM Resources as hereinafter defined.

This Agreement comes into force from the moment it is posted on the FOM Resources on the Internet and is valid until the official notice of its withdrawal is posted on the FOM website.

FOM reserves the right to amend the terms of this Agreement at any time at its sole discretion, in the manner prescribed by this Agreement.

The terms of this Agreement are the same for all Users of FOM Resources.

1. CERTAIN TERMS AND DEFINITIONS

2. GENERAL PROVISIONS

2.1. This Agreement applies to all Data that FOM may receive about the User when the User uses the FOM Resources, and also establishes the conditions and rules for the use of FOM Resources by the User.

2.2. User registration on the FOM Resources constitutes the User's unconditional consent to all the terms of this Agreement. In case of any disagreement with these conditions, the User should not register on the FOM Resources.

2.3. The User's consent to the provision of the Data to FOM and the processing by FOM of such Data is valid until the termination of FOM's activities or until the User withdraws consent. By accepting this Agreement and going through the Registration procedure, as well as making subsequent access to the FOM Resources, the User confirms that the User, acting on the User’s own will and interest, transfers the Data for processing by FOM and agrees to such processing. The User is hereby notified that the processing of the Data will be carried out by FOM’s operator on the basis of the applicable laws.

2.4. FOM grants the User the right to use the FOM Resources and the Services in full compliance with this Agreement.

2.5. The use of FOM Resources grants the User the right to:

- copying and installation into the User’s Device memory,

- playback on the User’s Device,

- use of the FOM Resources for their direct functional purpose for the purposes specified in this Agreement.

2.6. This Agreement is an official public offer of FOM granting the User the right to use the FOM Resources to search for medicinal products and related products authorized for sale and sold by the Partners.

2.7. Pressing the "ACCEPT" button confirms that the User has read and accepted the terms of this Agreement in full when using the FOM Resources.

2.8. Pressing the "START" button confirms that the User has read and accepted the terms of this Agreement in full when using the Telegram bot.

2.9. By agreeing to the terms of this Agreement, the User confirms the User’s right and legal capacity, confirms the accuracy of the Data and assumes full responsibility for the accuracy, completeness and reliability of such Data.

2.10. FOM assumes the improvement and modification of the FOM Resources, the introduction, removal of some functions and capabilities, in connection with which this Agreement may be amended and/or supplemented by FOM unilaterally. The continued use of the FOM Resources after the introduction of changes and/or additions to this Agreement confirms the User’s consent to such changes and/or additions. If the User disagrees with any of the provisions of this Agreement, the User should not use the FOM Resources.

2.11. By accepting the terms of this Agreement, the User confirms consent to receive information about the functioning of the FOM Resources, including, without limitation, receiving advertising, informational and other messages to the email address or phone number, as well as to receive relevant information in the FOM Resources.

2.12. The current version of this Agreement is posted on the FOM website at the address: https://arzonapteka.uz/en/page/useragreement for mandatory review before the User accepts the terms of this Agreement (FOM’s offer).

3. LIST OF THE DATA AND OTHER INFORMATION ABOUT THE USER

3.1. When using the FOM Resources, the User provides, including, without limitation, the following Data:

- Name and contact

First and last name, email address, postal address, phone number, and other similar Data of the User.

- Credentials

Passwords, password hints, and similar security Data used for authentication and FOM Resources access.

- Demographic

The Data about the User, such as age, gender, country, and preferred language.

- Licensing

The Data about subscriptions and other entitlements.

-Interactions

The Data about use of the FOM Resources and Services.

- Location

The Data about User’s location.

3.1.1. Data that is automatically transmitted to the Services in the course of using the software installed on the User's Device, including, without limitation, the IP address, information about the User's browser (or other program through which the Services are accessed).

3.1.2. FOM does not verify the accuracy of Data provided by the User. At the same time, FOM assumes that the User provides reliable and sufficient Data on the issues addressed in the Registration form.

4. COLLECTION AND USE OF THE DATA

4.1. FOM processes the Data that are necessary to use the FOM Resources.

4.2. FOM uses the Data for the following purposes:

4.2.1. The User’s identification;

4.2.2. Providing the User with personalized Services;

4.2.3. Maintaining communication with the User, if necessary, including, without limitation, sending notifications, requests and information related to the use of FOM Resources, the provision of the Services, as well as processing requests and applications from the User;

4.3. FOM collects Data from the User, through interactions for a variety of purposes described below, including operate effectively and provide the User with the best experiences of the Services. The User provides some of the Data directly, when creating an account. FOM may also obtain the Data by recording how the User interacts with the FOM Resources or Services. As permitted by applicable laws, FOM may also obtain the Data from public and commercial third-party sources that may include:

4.3.1. Publicly available sources, such as open government databases;

4.3.2. Communication services, including email providers and social networks, when the User gives to FOM permission to access the Data on such third-party services or networks;

4.3.3. Third parties statistics from other companies to support the Services.

4.4. FOM relies on a variety of legal reasons and permissions to process the Data and compliance with legal obligations. FOM may disclose the Data if required to do so by law or in the good-faith belief that such action is necessary to comply with the applicable laws in response to a court order, judicial or other government subpoena or warrant, or to otherwise cooperate with law enforcement activity.

4.5. The User hereby grants the User’s consent that the provided information shall be public.

4.6. During the processing of 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.

4.7. The transfer of Data to FOM is lawful when FOM is reorganized and the rights are transferred to the assignee. In this case, all obligations to comply with the terms of this Agreement in relation to Data received by FOM are transferred to the assignee.

4.8. The User consents to the possible transfer of the Data to third parties in order to fulfil the purposes of processing the Data.

4.9. Data is processed until the termination of this Agreement.

4.10. Consent is given, inter alia, to information (advertising) notifications.

4.11. Consent may be revoked by the User by sending a written statement to FOM or FOM’s representative at the address specified in this Agreement.

4.12. FOM limits the collection the Data

The Data is an integral part of FOM operations, and FOM uses it in a variety of ways in providing the Services and operating the FOM Resources. FOM may use the Data for the following purposes to:

- create an account;

- maintain, operate, and provide the User with the Services;

- personalize and better tailor the features, performance and support of the FOM Resources;

- fulfil the User transaction, including, without limitation, the Services requests;

- send administrative notifications, such as security or installation of and updates of the FOM Resources;

- respond to inquiries;

- send market surveys, satisfaction surveys, marketing or other information;

- provide with opportunities and functionality that FOM believes would be of particular interest to the User;

- analyse, benchmark and conduct research on the User Data and interactions with the FOM Resources.

5. ORDER OF USE OF FOM RESOURCES

5.1. FOM Resources allow the User to search for drugs and related products that are approved for sale and sold by Partners.

5.2. With the help of the FOM Resources, the User can be provided with other additional Services on the terms and at the prices indicated on the corresponding pages of the FOM website containing a description of the Services offered.

5.3. The FOM Resources may have interactive tips and other guidance materials that explain to the User how to use the FOM Resources, including, without limitation, the payment procedure (if applicable).

6. COOKIES AND SIMILAR TECHNOLOGIES

6.1. The content of the Cookies can be retrieved or read only by the server that creates the Cookies. The Data often consists of a line of, including, without limitation, identifiers, site names, numbers and characters that uniquely identifies the FOM Resources, but it can contain the other Data as well.

6.2. FOM uses the Cookies and similar technologies to improve experience. Also, FOM uses the Cookies to enable the User to sign-in, store and honour preferences and interest-based advertising, analyse how the FOM Resources performs, combat fraud, and comply with other legitimate purposes. The Cookies allow the FOM Resources to remember settings such as language, or other preferences.

6.3. FOM uses the Cookies and similar technologies for several purposes, depending on the context or product, including:

- Sign-in and verification

FOM uses the Cookies to verify the User. When the User signs in the FOM Resources, using the Data, FOM stores a unique ID number, and the time the User signed in, in an encrypted the Cookies on the User’s Device. The Cookies allows the User to move from page to page without having to sign in again on each page. The User can also save sign-in Data.

- Security

FOM uses the Cookies to process the Data that helps FOM to secure the User. 

- Storing settings and preferences.

FOM uses the Cookies to store preferences and settings on the User’s Device. Saving preferences with the Cookies, including, without limitation, preferred language, prevents the User from having to set preferences repeatedly.

- Feedback

FOM uses the Cookies to enable the User to provide feedback.

- Storing the Data, the User provides in the FOM Resources

When the User provides the Data to FOM, including, without limitation, membership plan, FOM stores the Data in the Cookies for the purpose of remembering the Data. FOM uses the Cookies to remember the shared Data.  

- Performance

FOM uses the Cookies to understand and improve how the Services are performed. For example, FOM uses the Cookies to gather the Data that helps with load balancing.

- Interest-based advertising  

FOM uses the Cookies to identify interests of the User and collect the Data about online activity.

- Analytics

FOM uses the Cookies to count the number of unique visitors of the FOM Resources and develop other statistics about the operations of the FOM Resources.

- Location

FOM uses the Cookies to identify User’s location, collect the Data and develop statistics based on the location.

The above-mentioned list is not exhaustive, but it is intended to illustrate the primary purposes for which FOM usually sets the Cookies.  

7. HOW TO CONTROL THE COOKIES

7.1. The User may block or delete the Cookies. For more information about how to delete the Cookies in the FOM Resources, please contact the FOM’s operator via following email If the User uses a different browser, refer to that browser’s instructions.

7.2. Where required, FOM obtains consent of the User before placing the optional Cookies that are not for the purpose of facilitating a communication or strictly necessary to provide the Services. FOM separates these optional Cookies by The User may consent to certain categories of the optional Cookies. The User also may adjust choices by clicking through the settings made available in the FOM Resources.   

7.3. Certain features of the FOM Resources depend on the Cookies. If the User chooses to block the Cookies, the User cannot sign in or use some of those features, and preferences that depend on the Cookies. If the User chooses to delete the Cookies, any settings and preferences controlled by the Cookies are deleted and will need to be recreated.

8. DISCLOSURE OF THE DATA

8.1. FOM shares the Data with any other third party, as described in this Agreement, when services are provided by the third-party authorized by FOM. FOM may share the Data with FOM Partners as may be required.

8.2. To comply with the applicable laws in a specific jurisdiction or respond to valid legal procedures, FOM may also disclose the Data to law enforcement or other government authorities. If FOM is involved, including, without limitation, in a restructuring, merger, acquisition, or a bankruptcy or liquidation lawsuit, the Data may be disclosed in connection with the same. FOM may also disclose the Data when appropriate, for example, to execute this Agreement, when FOM believes disclosure is necessary or appropriate to prevent physical harm or financial loss, or when it is in connection with an investigation of suspected or actual illegal activity.   

8.3. FOM may share the Data with the consent of the User or to complete any transaction or provide any product the User has requested or authorized via the FOM Resources. FOM may also share the Data with any other party, the Partners, vendors working on behalf of FOM, when required by law or to respond to legal process, to protect the User, to protect lives, to maintain the security of the Services and the FOM Resources, and to protect the rights of FOM and the User.

9. RETENTION OF THE DATA

9.1. FOM will retain the Data for no longer than it is necessary for the purposes stated in this Agreement, unless otherwise extending the retention period is required or permitted by applicable law in the specific jurisdiction. The Data storage period may differ depending on scenario and the Services.  FOM retains the Data as long as necessary to fulfil the transactions the User has requested, or for other legitimate purposes such as complying with legal obligations of FOM and resolving disputes, controlling and improving the performance, quality of the Services, records, ensuring the security of systems, handling possible queries, complaints and problems. Since these needs can vary for the different Data types, the context of interactions with the User or use of the Services, actual retention periods can vary significantly.

9.2. FOM will maintain registration of the Data as long as account of the User is necessary for provision of the Services. The User may deregister account. After the User deregisters account, FOM will stop providing the Services through account and delete the relevant Data, provided that deletion is not otherwise stipulated by special legal requirements.

10. RIGHT AND RESPONSIBILITIES OF FOM

10.1. FOM has the right to:

10.1.1. provide the User with access to the FOM Resources and maintain the FOM Resources in working order, as well as have the right to suspend the provision of access to the FOM Resources for the time required to carry out routine maintenance and recovery work on the equipment with prior notification to the User.

10.1.2. provide the right to use the FOM Resources in accordance with this Agreement around the clock 7 (seven) days a week, including weekends and holidays, with allowable technological breaks of no more than 5 (five) hours per month.

10.1.3. by calling and sending SMS messages, contact the User in order to check the quality of the FOM Resources and communicate critical information for the User.

10.1.4. request electronic copies of documents to confirm the identity of the User.

10.1.5. block the User's access to the FOM Resources in the event of violations by the User of the obligations specified in this Agreement.

10.1.6. transfer the rights and obligations under this Agreement to third parties for the purpose of executing this Agreement without the consent of the User.

10.1.7. terminate this Agreement at any time for organizational or technical reasons unilaterally and block the possibility of its further use at FOM’s discretion, determine the fact of violation by the User of the terms of this Agreement and or of the applicable laws and take measures that FOM deems appropriate.

10.2. FOM is committed to:

10.2.1. make all reasonable efforts to ensure the stable operation of the FOM Resources, to gradually improve FOM Resources, to correct errors in the operation of the FOM Resources, however, the FOM Resources are provided to the User on an "as is" basis. This means that FOM does not guarantee that FOM Resources will be error free. Although FOM may allow adjust privacy settings of the User to limit access to the Data, please be aware that no security measures are perfect or impenetrable. FOM cannot control the actions of any persons with whom the User may choose to share the Data. Therefore, FOM cannot and does not guarantee that the Data posted in the FOM Resources will not be viewed by unauthorized persons. FOM is not responsible for circumvention of any privacy settings or security measures contained in the FOM Resources. The User understands and acknowledges that, even after removal, copies of the posted Data may remain viewable in cached and archived pages or if other persons have copied or stored such Data.

10.2.2. ensure appropriate physical, management, and technical measures to protect the Data from unauthorized access, disclosure, use, modification, damage, loss, confidentiality and safety of all Data received from the User, except for cases when such disclosure occurred for reasons beyond the control of FOM or such disclosure took place in accordance with the requirements of the applicable law.

10.2.3. provide advice to the User on the use of the FOM Resources. At the same time, written consultations are provided only at the official request of the User by phone number: +97142246111 or by "nickname" in Telegram - @FomGroup. Specialist advice may be provided on matters related to the operation of the FOM Resources. Advice on matters not related to the operation of the FOM Resources is not provided.

11. RIGHTS, OBLIGATIONS AND WARRANTIES OF THE USER

11.1. The User has the right to:

11.1.1. use the FOM Resources, not prohibited by this Agreement and the applicable laws, in ways within their functionality.

11.1.2. use the FOM Resources solely for personal, non-commercial use in accordance with the terms of this Agreement.

11.1.3. contact FOM to clarify the situation and take the necessary measures if technical problems arise in the operation of the FOM Resources, as well as if the User receives messages that are unauthorized advertising mailing, or contain materials prohibited by this Agreement, including threats or files with suspicion to a virus, as well as if the User discovers facts giving grounds to believe that the User’s access to the FOM Resources was used by an unauthorized person.

11.1.4. ask for advice on issues related to the use of the FOM Resources.

11.1.5. require the safety of Data, to the extend on FOM can do so in accordance with the applicable laws.

11.1.6. at any time refuse calls, receiving SMS-messages and other informational advertising mailings, informing FOM about such refusal.

11.2. The User undertakes:

11.2.1. while using the FOM Resources, not to violate the intellectual property related to FOM and FOM Resources that exclusively belong and shall belong to FOM, and the User shall have no intellectual property rights or other rights in or to the FOM Resources other than the right to use the FOM Resources in accordance with this Agreement.

11.2.2. when registering on the FOM Resources, enter the requested Data accurately and carefully, checking the correctness of the Data entered.

11.2.3. not to use the FOM Resources in violation of the rights and legitimate interests of FOM, other right holders, third parties, this Agreement and applicable laws.

11.2.4. take appropriate measures to ensure the safety of the User’s Device and bear personal responsibility in case of access to the User’s Device by third parties. In case of loss of the Device, the User is obliged to immediately inform about the need to block cards and accounts (if applicable). The User undertakes to carefully store the Data used for identification on the FOM Resources, if such Data becomes known to third parties, the User undertakes to immediately change the access codes.

11.2.5. not damage the FOM Resources, software shell, hardware and software.

11.2.6. reimburse FOM for any losses caused to FOM in connection with the User's use of the FOM Resources and violation of this Agreement, including, without limitation, intellectual rights, information of third parties.

11.3. The User guarantees that:

11.3.1. the User is the subject of a duly authorized legal entity for civil relations.

11.3.2. the User received all the necessary consents and permissions provided for by the applicable laws (as may be required) for posting, transferring and publishing Data and (or) images of individuals that are part of the Data. The User agrees to comply with all relevant requirements and restrictions of the applicable laws in relation to Data.

11.3.3. The User has no right to carry out any unauthorized actions with the FOM Resources, including, without limitation, distributing the FOM Resources through various internet resources and portals, hacking the functionality of the FOM Resources, or using parts of the FOM Resources.

12. PROCEDURE FOR RESOLUTION OF DISPUTES AND SATISFACTION OF CLAIMS

12.1. Any questions, comments and other correspondence of the User should be directed to FOM by sending an email to FOM's E-mail. FOM is not responsible and does not guarantee a response to inquiries, questions, suggestions and other information sent to it in any other way.

12.2. Claims arising in connection with this Agreement shall be sent to FOM by sending an email to FOM's E-mail. FOM undertakes to consider this claim within 10 (ten) business days, if necessary, by sending a letter stating its position to the E-mail address indicated in the claim. At the same time, the claims of a User, whom it is not possible to identify on the basis of the Data provided during registration (including anonymous claims), will not be considered by FOM. If the User does not agree with the reasons given by FOM in response to the claim, the procedure for its settlement is repeated by sending a reasoned response from the User using the FOM E-mail.

13. LIABILITY OF FOM AND THE USER

13.1. The User is responsible for the use of the FOM Resources in any way, including those not expressly specified in this Agreement.

13.2. The User acknowledges and agrees that the IP address of the User's Device is recorded by the technical means of FOM, and in the event of illegal actions, including, without limitation, actions that violate the intellectual rights of third parties, the owner of the Device, determined by the technical means of FOM by IP belonging, is recognized as responsible for these illegal actions by IP-addresses.

13.3. The User is responsible to FOM for providing accurate and up-to-date contact and registration information when using the FOM Resources. In the event of a change in the specified Data, the User is obliged to inform FOM about this by independently changing the User’s Data.

13.4. Limitation of Liability. FOM is not responsible for:

13.4.1. uninterrupted operation of the FOM Resources and its compatibility with the software and technical means of the User and other persons;

13.4.2. causing any losses that have arisen or may arise in connection with or when using the FOM Resources;

13.4.3. non-fulfilment or improper fulfilment of FOM’s obligations due to failures in telecommunications and energy networks, actions of malicious programs, as well as unfair actions of third parties aimed at unauthorized access and (or) disabling the FOM Resources and (or) hardware complex.

13.4.4. errors made by the User when entering Data.

14. NOTIFICATIONS AND MESSAGES, EXCHANGE OF DOCUMENTS

14.1. Changes to the terms of this Agreement may be made by FOM unilaterally, by sending the User appropriate notices (including by posting relevant information on the FOM website, publishing in the media, by sending an SMS, or to an e-mail address, as well as in other ways acceptable to FOM).

14.2. Notification documents and messages containing confidential information, including on issues related to the change in this Agreement at the initiative of the User, must be sent either in writing in the form of a paper document or in electronic form in ways that allow the User to establish the Party from which the notification originates, in particular, by sending an email message to the FOM E-mail address and the User's email address specified by the User when registering on the FOM Resources.

14.3. Any document, notice or message in writing in the form of a paper document sent by one of the Parties to the other Party of this Agreement is legally binding only if it is sent to the address specified in this Agreement. The notification can be delivered in person or sent by E-mail and will be deemed received:

14.3.1. upon delivery in person - on the date of delivery;

14.3.2. when sent by E-mail - on the date specified in the receipt confirming the delivery of the corresponding postal item by the communications organization.

14.4. The above provisions are recognized by the Parties as an agreement between them, as between participants in electronic interaction, establishing cases of recognition of electronic documents signed with a simple electronic signature, equivalent to paper documents signed with a handwritten signature.

15. FINAL PROVISIONS

15.1. FOM reserves the right to unilaterally and without prior notice to Users change the terms of this Agreement by posting the final version of this Agreement on the website within 5 (five) calendar days before the changes take effect. The provisions of the new edition of this Agreement become binding on each previously registered User of the FOM Resources from the date of its entry into force.

15.2. The User confirms that the User has read all the provisions of this Agreement and understands and accepts all such provisions.