Agreement on the use of the Mobile Application "System for calling emergency operational services on a single number" 112 "of the Moscow region".
- General provisions
1.2. The mobile application is a set of software and hardware tools for implementing the functions of the telecommunications subsystem of the system for calling emergency operational services by a single number " 112 " of the Moscow region.
1.3. Mobile app designed to alert Users about emergency and non-emergency situations on the territory of the Moscow Region for an emergency transfer User data to the System 112 of the Moscow region, providing background information on the location of various objects, provide (upon prior consent of the User) the ability to track a User's location to other users of the Mobile application, as well as providing background information first aid, and recommendations for action in the event of an emergency.
1.4. This Agreement is free of charge and is considered concluded in accordance with paragraph 5 of Article 1286 of the Civil Code of the Russian Federation at the time of the beginning of the use of the Mobile Application by the User. By launching, installing, copying, or otherwise using the Mobile App, you agree to all the terms of the Agreement.
- Terms used for the purposes of this Agreement
2.1. Operator – the State State institution of the Moscow region "Center for calling emergency operational services on a single number "112".
2.2. User – a user of the Mobile Application who has passed the registration procedure in the mobile application "System for calling emergency operational services by a single number" 112 "of the Moscow region".
2.3. Mobile application is software that interacts with a set of software and hardware tools of the Moscow region, which provide the ability to register and use the services of a Mobile Application designed to work on smartphones, tablets and other mobile devices, and developed for the iOS and Android platforms.
2.4. Personal data – a set of personal data and / or non-personal information about the User provided by the User to the Copyright Holder and / or automatically collected by the Copyright Holder and / or third parties.
2.6. Copyright holder – a person who owns the exclusive rights of ownership of the Mobile application "112".
2.7. Information – a unique sequence of alphanumeric characters entered by the User and used to sign the information and materials published by the User, as well as the published information and materials themselves.
2.8. SMS confirmation – a digital code received by the User in the form of an SMS message to complete the registration procedure in the Mobile Application.
2.9. Registration – the initial entry of the name, patronymic, year of birth, mobile phone number and SMS confirmation for registration in the Mobile Application.
2.10. Location tracking related contacts feature Mobile app that allows the User to track the location of other Mobile app users, have expressed their consent to such monitoring by the User activation code received in the SMS message.
- Subject of the Agreement
3.1. The Operator undertakes to provide the User with the opportunity to register and use the services of the Mobile Application.
3.2. After the registration procedure, the User is considered to have accepted the terms of the Agreement in full, without exceptions. If the User does not agree with any of the provisions of the Agreement, the User does not have the right to use the services of the Mobile Application.
3.3. The use of the Mobile Application services is regulated by this Agreement, as well as by the Regulations on the system for calling emergency operational services by a single number "112" on the territory of the Moscow Region, approved by the Government of the Moscow Region.
3.4. The mobile application may contain an activation module and other technologies designed to prevent unauthorized access, use and copying, as well as license management technologies. These technologies may restrict the User's use of the Mobile Application until the entire activation, installation, authorization, and other actions described in the Mobile Application and documentation are completed.
- Rights and obligations of the parties
4.1. The Operator must:
4.1.1. Provide the User with access to the Mobile Application services in accordance with clause 3.1, clause 3.2. of this Agreement.
4.1.2. Not to disclose, not to transfer information to third parties about the User and his operations with the Mobile Application, except for the cases provided for by the legislation of the Russian Federation.
4.2. The Operator has the right to:
4.2.1. Block the account for any period or delete it if the User violates the terms of this Agreement.
4.2.2. Refuse to process messages to the User in case of violation of the User's obligations.
4.2.3. Refuse the User to register in the Mobile App in case of incorrect SMS confirmation input.
4.2.4. Make changes to the services of the Mobile Application, as well as provide access to new services with or without further notification to the User.
4.2.5. Change the terms of this Agreement at any time, with or without further notice to the User.
4.2.6. Perform preventive maintenance of individual services of the Mobile Application with the temporary suspension of the Mobile Application.
4.2.7. Block or delete the User's account for any period of time if the User has sent false (untrue) materials or materials that may be classified as spam to the Mobile Application two or more times.
4.2.8. To carry out without the consent of subjects of personal data collecting and personal data processing for the protection of life, health or other vital interests of the data subject or the life, health or other vital interests of other persons in accordance with paragraph 6 of part 1 of article 6 and paragraph 3 of part 2 of article 10 of the Federal law of July 27, 2006 № 152-FZ "On personal data".
4.2.9. Exercise geolocation personal device of the User by means of GSM and Wi-Fi networks.
4.3. The User must:
4.3.1. Provide at your own expense Internet access, configuration and protection against unauthorized use of your equipment.
4.3.2. Be responsible for the content of the messages and their actions taken through the Mobile Application, which took place after the User's registration in the Mobile Application.
4.3.3. Do not use the services of the Mobile Application to perform any actions that are contrary to the legislation of the Russian Federation, the Moscow Region, the Regulations on the system for calling emergency operational services on a single number "112" on the territory of the Moscow Region.
4.3.4. Not to use the name, patronymic as a means of propaganda, discrimination, provocation, promotion of public, political or commercial interests.
4.3.5. Not to impersonate another person or a representative of an organization and/or community without sufficient rights, as well as to use any other forms and methods of illegal representation of other persons in the network.
4.3.6. Do not use materials sent by other users to the Mobile Application for re-posting in the Mobile Application on their own behalf.
4.3.7. Do not post materials that do not meet the goals of creating a Mobile Application, infringe on the interests of other Users or third parties, or for other reasons are undesirable for posting in the Mobile Application.
4.3.8. Do not use the Mobile App for other purposes.
4.4. The User agrees not to use the services of the Mobile Application for:
4.4.1. Uploading, sending, transmitting or any other way of publishing materials that violate copyright and other intellectual property rights, promote hatred and / or discrimination against people on racial, ethnic, sexual, or social grounds.
4.4.2. Placement of links to Internet resources, including the content of which contradicts the legislation of the Russian Federation, the Moscow Region.
4.4.3. Placing links to Internet resources, including the content of which is a violation of copyright.
4.4.4. Placement of information, access to which is restricted by the legislation of the Russian Federation.
4.4.5. Reverse development, decompilation, disassembly of the Mobile Application and performing any other actions with the source code of the Mobile Application.
4.4.6. Distribution of malicious software.
- Use and storage of information and materials
5.1. The Operator determines the storage period and the maximum amount of materials placed by the User in the Mobile Application.
5.2. The user gives the Operator a non-exclusive license to use the materials posted by the User in the Mobile app, including the reproduction, distribution, processing, public display, and distribution to the public except for cases established by the legislation of the Russian Federation, the Moscow region, the Regulation on the system of emergency call services on a single number "112" in the Moscow region.
5.3. The User can log out of the Mobile Application at any time. If the User exits the Mobile Application, the Operator has the right to save archived copies of the content posted by the Users.
5.4. By entering the data of emergency contacts, the User agrees to receive messages from the System-112 of the Moscow region.
5.5. By informing another user of the Mobile Application of the activation code from the SMS message received by the User when requesting the addition of his number to the contact list by another user, the User agrees to transfer the Operator data about his location for their subsequent transmission to the user adding it.
5.6. The user posting the materials agrees that they will be publicly available, except in the cases established by the legislation of the Russian Federation, the Moscow region, the Regulation on the system of emergency call services on a single number "112" in the Moscow region.
- List of collected data
6.1. In connection with the use of the Mobile Application, the Copyright Holder may automatically collect and process the following non-personal information about the User:
6.1.1. Information about traffic, possible number of clicks, logs and other data.
6.1.2. Information about the User's location (geolocation). The user can disable geolocation at any time by changing the settings of the device from which the Mobile Application is logged in. Geolocation in the Mobile App works continuously, even when the User is not using the Mobile App.
6.1.3. Device information (ID number, the mobile operator network), which is the entrance, the operating system, platform, browser type and other information about your browser, IP address.
6.2. Permissions are needed for work the application access to the microphone (only for Mobile application obtained from the App Store), access to phone calls, access to the notification, access to the camera location. photo/video.
6.3. Personal data about users
6.3.1. Mandatory information – name, patronymic, year of birth, mobile phone number. The name, patronymic and mobile phone number of the user must not contain the names of political, public, commercial or other organizations, contain appeals or slogans of a political, commercial or other nature, obscene language, links to resources posted on the Internet. The name, patronymic, year of birth and mobile phone number, as well as other data, are transmitted to the Operator in order to protect the life, health or other vital interests of Users.
6.3.2. Additional information (this information is entered by the user at will) – health data: blood type, disability, diseases, allergic reactions; information about the car: the name of the car, the country of registration of the car, registration number; policy number; date of birth; physical address, data on all publications made by the User.
6.3.3. Device data – model name, mobile operator data, battery level, access to user contacts, related contacts.
6.4. Location data (geo-location) is used for the purpose of operating functions that are related to the main purpose of the data application to ensure the protection of the life, health or other vital interests of personal data subjects or the life, health or other vital interests of other persons.
6.5. The User provides the Copyright Holder with the following personal data about himself: date of birth and age; address of permanent residence; email address; mobile phone number; photo with the User's image; all photos, video/audio files and other types of media files stored on the device from which the Mobile Application is logged in; all contacts from the phone book of the device from which the Mobile Application is logged in; data contained in the personal account (profile) The User's personal account, all internal correspondence of the User (if any), as well as other activity of the User's personal account (profile).
6.6. The User is the only person responsible for the completeness of the personal data provided and is obliged to make timely changes (updates, checks, adjustments) on a regular basis.
6.7. The Copyright Holder assumes that all personal (personal) data provided by the User is reliable, and that the User maintains such information up to date.
- Purposes of personal data collection and processing
7.1. Determination of processing purposes
7.1.1. The collection and processing of Personal data has the following objectives: to analyze the behavior of the User and identify User preferences to a particular type of content; for prompt and correct operation of a Mobile app, improve the functioning of the Mobile app, improve the content of the Mobile application, improving the internal architecture and functionality of the Mobile application "112"; to identify; to meet the requirements of the Federal law of July 27, 2006 № 152-FZ "On personal data" (hereinafter – the Law); to determine the location of the User; to support the Mobile application, identify problems and correct them; to maintain a connection with the User (communication); to perform other obligations of the copyright holder, that appeared in front of the User; for statistical studies; for any other purposes, subject to obtaining separate consent from the User.
7.1.2. The processing of Personal data is based on the legality of the purposes and methods of processing; integrity; compliance purposes of Personal data processing purposes determined and declared the collection of such Personal data; the compliance of the volume and nature of the processed Personal data with the stated objectives of their processing.
7.2. Terms of personal data processing
7.2.1. The processing of Personal Data is carried out in the following cases: obtaining consent from the User; or achieving the goals provided for by an international agreement or Law; or providing the User with their Personal Data to an unlimited number of persons; or fulfilling other obligations of the Copyright Holder to the User, including, but not limited to, providing certain content to the User; or saving the User's life or health, when consent to the processing of their Personal Data cannot be obtained in advance.
7.2.2. In the case of depersonalization of Personal Data, which does not directly or indirectly identify the User, the subsequent use and disclosure of such data to third parties is allowed and the rules of this Policy no longer apply to them.
7.2.3. The Copyright Holder takes all possible measures to protect the confidentiality of the Personal Data received, except in cases where the User has made such data publicly available.
7.2.4. The processing of Personal Data is carried out with the use of automation tools and without the use of such automation tools
7.3. Use of analytical platforms
7.3.1. The Copyright Holder uses the analytical platforms App Metrica and Firebase to track the frequency of User visits to the site; track how the User uses the Mobile App and / or its content; identify the type and type of content that is popular among Users; determine the location of the User.
7.3.2. The User also gives his consent to the Copyright Holder to use the information received about the User from App Metrica and Firebase.
7.3.3. For these purposes, analytical platforms collect information:
22.214.171.124. For a Mobile app received from the Apple Store: Exact location; Approximate location; Unique user ID; Unique device ID; Interaction with the device; Advertising information; Other information (any other information about the user's activity in the app); Error data (emergencies); Performance data; Other data about the device diagnostics.
126.96.36.199. For a Mobile app received from Google Play: number of users and sessions; session duration; operating systems; device models; location; first launches; app openings; app updates; in-app purchases; By default, the SDK collects advertising identifiers on Android devices.
7.3.4. Analytical platform get access to Personal data in order to provide the right holder with an understanding of how effective Mobile application, which content is popular and effective, as well as for the purpose of developing and/or improving the Mobile application "112".
7.3.5. By installing the Mobile application the User accepts the privacy policies of App Metrica and Firebase.
7.4. Disclosure of personal data to third parties
7.4.1. The Copyright Holder has the right to disclose Personal Data to its affiliates, branches and representative offices on the territory of the Russian Federation; to the legal successors of the Copyright Holder who arose as a result of its liquidation, reorganization or bankruptcy, and who received exclusive rights to own the Mobile Application; to third parties solely for the purpose of providing the User with certain content or access to it; third parties, when the User has given consent to the disclosure, transfer or processing of their Personal Data, as well as in other cases expressly provided for by Law or this Policy.
7.4.2. The Copyright Holder discloses Personal Data only if it is sure that third parties will comply with the terms of this Policy and take the same measures to protect the confidentiality of Personal Data that the Copyright Holder himself takes, and consent to such disclosure has been previously expressed by the User and/or is permitted by Law.
7.5. In connection with the provision of Personal Data, the User automatically receives the following rights::
7.5.1. Receive data related to their processing (the grounds and purposes of such processing, the processing methods used, information about persons who have access to them or to whom they may be disclosed on the basis of a contract or Law).
7.5.2. Receive data on the location and identification data of the persons who process Personal Data.
7.5.3. Receive data on the terms of storage of Personal Data.
7.5.4. Receive data on the trans-border transfer of Personal Data that has been carried out or is expected to be carried out.
7.5.5. Appeal against the actions or omissions of the Copyright Holder to the authorized body for the protection of the rights of personal data subjects or in court.
7.5.6. Receive compensation for damages and / or compensation for non-pecuniary damage in court as a result of violations of the User's rights to the protection and protection of his Personal Data committed by the Copyright Holder and/or third parties.
7.5.7. Exercise other rights in the field of personal data protection provided for by Law or the provisions of this Policy.
- Advertising placement
8.1. The Copyright Holder does not place ads in the Mobile App.
- Limitations of Liability
9.1. The Mobile Application is provided and used on an "as is" basis, i.e. without additional guarantees of quality, suitability, etc. The Operator does not assume any obligations to improve and support the Mobile Application for any period of time, does not assume any obligations to eliminate errors or other shortcomings, and also has the right not to respond to User requests for shortcomings or modifications of the Mobile Application.
9.2. The User makes a voluntary use of the Mobile Application, taking into account all the risks. The Operator does not assume any obligations to compensate for any losses of the User that may arise in connection with the use of the Mobile Application, except in cases specifically stipulated by the Agreement.
9.3. The Operator is not responsible for the material provided, for the materials posted in the Mobile Application by users, and also does not guarantee an impeccable response to the request to the System-112. To respond unconditionally to an emergency call, the User should use the System-112 call by telephone.
9.4. Regardless of the measures taken by the Copyright Holder to protect the confidentiality of the personal data received, the User is hereby deemed to be duly aware that any transfer of Personal Data on the Internet cannot be guaranteed to be secure, and therefore the User carries out such transfer at his own risk.
9.5. In connection with the transfer of data by the Mobile Application to the Internet via channels not owned by the Operator, the Operator is not responsible for the loss of data or access to it by third parties and does not assume any obligations to compensate for any losses of the User that may arise in connection with the loss of data or unauthorized access to them, except for cases specifically stipulated by the Agreement.
9.6. Despite the fact that the distribution of the Mobile Application is made through the official electronic app stores App Store and Google Play, the User does not have any legal relationship with Apple Corporation (a corporation registered in the state of California, which carries out its main activities at the following address: One Infinite Loop, Cupertino, California 95014, U. S. A.) and / or Google Corporation (a corporation incorporated in Delaware, USA with the head office address 1600 Amphitheatre Parkway, Mountain View, CA 94043, USA; Google Ireland Limited, registered in Ireland with the head office address Gordon House, Barrow Street, Dublin 4, Ireland; Google Commerce Limited, registered in Ireland with the head office address Gordon House, Barrow Street, Dublin 4, Ireland; and Google Asia Pacific Pte. Limited, registered in Singapore with the head office address 8 Marina View, Asia Square 1 #30-01, Singapore 018960) in connection with the use of the Mobile Application, except for legal relations independently concluded by the User with the specified corporations. Apple Corporation and / or Google Corporation do not assume any obligations or liability to the User in connection with the use of the Mobile Application, unless otherwise provided by law or other agreements concluded. The Operator is not responsible or liable to the User for the actions or omissions of Apple and / or Google, unless otherwise provided by law or other agreements concluded.
9.7. The use of the Mobile app User does not guarantee assistance in an emergency, if was not carried out telephone communications with the operator handling the challenges of System-112 of the Moscow region, in the process of using the Mobile application.
9.8. The map service is provided on the terms of YANDEX LLC, available at: http://maps.yandex.ru/. The operator is not responsible for the data provided.
9.9. The map service is provided on the terms of YANDEX LLC, available at: http://maps.yandex.ru/. The mobile operator is not responsible for the data provided.
9.10. The source of meteorological data for the Mobile Application is the service openweathermap.org. The data is provided under the CC BY-SA 4.0 license. The operator is not responsible for the data provided.
9.11. Operator is not responsible for the actions of a User request to add other users of the Mobile application in the list of emergency contacts, as well as for expression of consent to tracking his location other users of the Mobile application in the context of the "location Tracking related contacts."
- Other terms and conditions
10.1. The operator shall be entitled to suspend the User's use of the services of the Mobile application in cases of violation of the legislation of the Russian Federation, the Moscow region, the terms of this Agreement and the Provisions on the system of emergency call services on a single number "112" in the Moscow region.
10.2. All disputes under this Agreement are resolved in accordance with the legislation of the Russian Federation, the regulatory legal acts of the Moscow region.
10.3. The territory of the Agreement is the Moscow Region.
10.3.1. Users can read the terms of this Policy at the following link: http://188.8.131.52/static/docs/Licensing-Agreement.pdf.
10.3.2. This Policy may be translated into a foreign language for those Users who access the Mobile Application outside the Russian Federation. In case of discrepancy between the original text (Russian) and its translation, the original language shall prevail.
10.3.3. This version of the Policy is valid for the duration of the exclusive rights to the Mobile Application and may be extended by an addendum to it.
10.4. This Policy may be changed from time to time. The Copyright Holder does not bear any responsibility to the User for changing the terms of this Policy without the User's permission and/or consent.
10.5. The User undertakes to regularly check the provisions of this Policy for possible changes or additions. However, in the event of a significant change in the terms of this Policy, the Copyright Holder undertakes to notify Users in the following way: by means of User notifications in the Mobile Application.
10.6. Sending complaints and requests to the Right holder
10.6.1. Each User has the right to express their objection to the Right holder against the processing and / or storage of their Personal Data. Such an objection can be expressed as follows: to terminate the processing of Personal Data, the User must send a request to the Copyright Holder at the following address: ______@____.en.
10.6.2. If a User is having issues with their application or use of real Policy, procedure and/or method of processing Personal data, the User can ask this question in the following way: on the procedure for the processing of Personal data, the User needs to send a query to the Rightholder to the following address: ______@____.EN.
10.7. Change (update, Supplement, modification) or the deletion of personal data
10.7.1. The User has the right to independently change or delete his Personal Data at any time, except in cases where such change or deletion may lead to a violation of the rules of this Policy; or to a violation of the Law; the nature of such Personal Data is evidence in any legal process that has arisen between the Copyright Holder and the User. To do this, the User needs to delete their personal account (profile) in the Mobile App.
10.7.2. The Copyright Holder has the right at any time to delete the User's personal account / profile, as well as all Personal Data about the User, if he has violated the terms of this Policy and/ or the User Agreement.
10.7.3. In case of deletion of Personal Data about the User, all publications made by such a User and/or any other forms of activity available to the User in the Mobile Application are also subject to automatic deletion.
10.8. Terms and procedure for storing personal data
10.8.1. Storage is carried out independently by the Copyright Holder.
10.8.2. Storage is carried out for the entire period necessary to achieve the stated purposes of Personal Data processing.
10.8.3. The Right holder undertakes to destroy or depersonalize the Personal Data immediately after achieving the purposes of processing the Personal Data
- Final provisions
11.1. This Policy has been developed in accordance with the current legislation on the protection of personal data of the Russian Federation, in particular, with the provisions of Federal Law No. 152-FZ of July 27, 2006 " On Personal Data "(with all additions and amendments), Federal Law No. 242-FZ of July 21, 2014 " On Amendments to Certain Legislative Acts of the Russian Federation in terms of clarifying the procedure for processing personal data in information and Telecommunications Networks (with all additions and amendments), as well as the provisions of the General Data Protection Regulation (GDRP) of April 27, 2016.