TryChatGPT - Personal data processing consent

Acting freely, of my own will and in my own interest, and also confirming my legal capacity, a natural person, individual entrepreneur, or representative of a legal entity (hereinafter — the Subject) give my consent to IE Kolle Stepan Aleksandrovich, TIN 771618757230, PSRN 320774600307311, to process my personal data in accordance with Federal Law No. 152-FZ dated 27.07.2006 "On Personal Data" under the following conditions:

1. Terms used

1.1. Personal data — information about the Subject necessary for IE Kolle Stepan Aleksandrovich to fulfil its obligations, transferred through registration and actions on the website https://trychatgpt.ru (hereinafter — the trychatgpt.ru website). The list of personal data is specified in clause 3.5 of the Personal Data Processing Policy.

1.2. Processing of personal data means the actions or set of actions provided by Federal Law No. 152-FZ dated 27.07.2006 "On Personal Data", performed with or without the use of automated means on personal data, including collection, recording, systematisation, accumulation, storage, refinement (updating, modification), retrieval, use, transfer (distribution, provision, access), deletion, and destruction of personal data.

1.3. Access to information — the ability to obtain information and use it.

1.4. Identification — a set of measures to establish and verify information about a person, carried out in accordance with federal laws and the regulatory legal acts adopted thereunder, and to match this information with the unique designation (designations) of the information about the person necessary to identify that person.

1.5. Authentication — a set of measures to verify that an identifier (identifiers) belongs to a person by matching it (them) with the information about the person held by the party performing the authentication, and to establish the legitimacy of the person's possession of the identifier (identifiers) through the use of an authenticating feature (features) within the authentication procedure, as a result of which the person is deemed identified.

1.6. Provision of personal data — actions aimed at disclosing personal data to a specific person or a specific group of persons.

1.7. Use of personal data — actions (operations) with personal data performed by an authorised official of the Company for the purpose of making decisions or carrying out other actions that give rise to legal consequences for the subjects or otherwise affect the rights and freedoms of other persons.

1.8. Automated processing of personal data — the processing of personal data by means of computer technology.

2. Methods of processing

This Consent is given for the processing of personal data both without and with the use of automated means.

3. Purposes of processing personal data

The Subject's personal data are processed for the following purposes:

3.1. Registration of the Subject and provision of services to the Subject. To achieve this purpose, the following are processed: full name, email address, mobile phone number.

3.2. Provision of customer support. To achieve this purpose, the following are processed: full name, email address, mobile phone number, messenger nickname, information from the Subject's personal account.

3.3. Identification of the Subject when refunding funds. To achieve this purpose, the following are processed: full name, email address, phone number.

3.4. Accounting of transactions with the Subject. To achieve this purpose, the following are processed: full name, bank account details, transfer amount, current account number, TIN.

3.5. Organisation of targeted advertising and mailings. To achieve this purpose, the following are processed: full name, email address, phone number.

3.6. Accounting of Subjects' representatives for subsequent communication. To achieve this purpose, the following are processed: full name, email address, phone number.

3.7. IE Kolle Stepan Aleksandrovich may collect other metrics whose collection, processing, and storage are provided for by the purposes of this Consent. Such metrics are included in the subject matter of this Consent.

4. Cookies

When using the service / website, cookies and other files are collected. A cookie means a small fragment of data that is received and processed by the device the Subject uses to access the Service. Cookies store and send information back to the Service / website that allows IE Kolle Stepan Aleksandrovich to remember the Subject's data over time, and to identify and/or authenticate the Subject's account.

5. Types of cookies used

The following cookies may be processed for the purposes of this Consent:

5.1. Technical cookies: necessary to identify and/or authenticate the Subject, their hardware and software.

5.2. Statistical / analytical cookies: necessary to identify and/or authenticate the Subject, count the number of users, and collect information (operations performed by the Subject, including information about the web pages visited and the content the Subject receives).

5.3. Functional cookies: necessary to facilitate the Subject's use of the Site, including the Subject's preferences regarding language and location.

5.4. Third-party tracking / advertising cookies: collection of information about users, traffic sources, pages visited, and the advertising displayed to the Subject, as well as the advertising via which the Subject navigated to the advertised page. This makes it possible to display advertising based on an analysis of the Personal Information provided by the Subject. They are also used for statistical and research purposes.

5.5. Such cookies are used exclusively for the purpose of providing the services of the Service / Site.

Cookies are stored for the period necessary to achieve the purposes provided for by this Consent.

7. Actions with personal data

During processing, the following actions will be performed on personal data: collection; recording; systematisation; accumulation; storage; refinement (updating, modification); transfer (distribution, provision, access); retrieval; use; blocking; deletion; destruction; anonymisation.

8. Transfer of personal data to third parties

To achieve the purposes defined in this Consent, IE Kolle Stepan Aleksandrovich may transfer the Subject's personal data to third parties and affiliated persons. The transfer of personal data to such persons is carried out in the scope necessary for the purposes of their processing. The transfer of personal data to such persons is carried out under agreements concluded with them that include obligations to maintain the confidentiality of the data received.

9. Transfer of data to employees and affiliated persons

IE Kolle Stepan Aleksandrovich may, at its discretion and taking into account reasonable necessity, transfer the Subject's personal data to its employees, as well as to consultants, experts, and affiliated persons who need such information to work for the purposes provided by this Consent.

10. Ensuring confidentiality

When transferring personal data, IE Kolle Stepan Aleksandrovich must inform employees, consultants, experts, and affiliated persons of the confidential nature of such information and of the obligation to ensure an appropriate regime of protection against unauthorised access by Third Parties, which implies a limited circle of persons authorised to work with personal data, permission to copy documents containing personal information in the quantity necessary to perform their official and/or contractual duties, the destruction of copies made when such necessity ceases, and a restriction on copying personal information presented in electronic form.

11. Liability for the actions of employees

IE Kolle Stepan Aleksandrovich is liable for the actions (inaction) of its employees who have gained access to Confidential information that resulted in the Disclosure of Personal Data without the Subject's consent.

12. Liability for violations

Persons guilty of violating the rules governing the receipt, processing, and protection of personal data are subject to disciplinary and material liability in the manner established by the Labour Code of the Russian Federation and other federal laws, and are also subject to civil, administrative, and criminal liability in the manner established by federal laws.

13. Administration of the trychatgpt.ru Site

13.1. In this Consent and other special documents posted on the Site, the Administration of the trychatgpt.ru Site means IE Kolle Stepan Aleksandrovich, TIN 771618757230, PSRN 320774600307311.

13.2. Enquiries, proposals, and complaints from natural and legal persons to the Site Administration in connection with this Consent and/or with the functioning and use of the Site, as well as for requests from persons authorised by the legislation of the Russian Federation, may be sent to the Administration's address: IE Kolle Stepan Aleksandrovich, 129337, Moscow, Fedoskinskaya St., 9k1.

13.3. With regard to the functioning of the Site, the Administration is guided by the legislation of the Russian Federation, this Consent, and other special documents that have been or may be developed and adopted by the Site Administration to regulate the provision of access to specific functionality of the Site to Subjects.

13.4. No provisions of this Consent grant the Subject the right to use the trade name, trademarks, domain names, or other distinguishing marks of the Site Administration.

13.5. The right to use the trade name, trademarks, domain names, and other distinguishing marks of the Site Administration may be granted solely by prior written agreement with the Site Administration.

14. Rights and obligations of the Administration

14.1. The Administration undertakes to:

14.1.1. maintain the operation of the automated system for registering the Subject on the Site, which issues a secret code (sent by message to the email address provided by the Subject when filling out the registration form on the Site);

14.1.2. maintain the operation of the automated system for opening the Subject's Personal Account;

14.1.3. maintain the operation of the Billing system and the system for crediting Accounting Units (Requests);

14.1.4. provide the Subject with the opportunity to exercise the rights to use the Trychatgpt software in accordance with the terms of this Consent, the License Agreement, and the Package (tariff) accepted by the Subject.

14.2. The Administration has the right to:

14.2.1. at any time restrict or refuse to provide the Subject with the ability to use the functionality of the trychatgpt.ru Site, including by deleting the Subject's Account or blocking the Subject's access to it, with the simultaneous deletion of the Subject's informational materials from the Trychatgpt Database, their blocking, or without such. The right specified in this clause is applied by the Administration without refunding funds in the event of the Subject's violation of this Consent, and also if:

14.2.1.1. the Subject creates a threat to the security and defence capability of the Russian Federation, the health and safety of people within the territory of the Russian Federation;
14.2.1.2. the Subject uses the functionality of the trychatgpt.ru Site unlawfully or in an unlawful manner, thereby causing damage to the Administration and/or third parties (including unregistered visitors of the trychatgpt.ru Site). This clause also includes, among other things: (a) any attempts to commit fraudulent or other actions using the functionality of the trychatgpt.ru Site aimed at misleading other Subjects and/or third parties; (b) any attempts by the Subject to indicate methods of establishing contact with them that involve the communications provider charging an additional fee (in favour of such Subject or a third party) beyond the usual tariff for such communication services;

14.2.2. independently protect its own rights and legitimate interests as the holder of rights to independent results of intellectual activity (works reworked by the Administration) on its own behalf and without involving the Subject;

14.2.3. at its discretion, organise the operation of the Trychatgpt software: send the Subject, by email provided by the Subject upon registration on the Trychatgpt Site, as well as via other means of communication available for contacting the Subject, the following types of messages: (a) service notifications about events related to the functioning of the Subject's Account or the Trychatgpt Site as a whole, as well as the deletion and/or deactivation of the Subject's informational materials from the Database; (b) informational materials from the Database in accordance with the Subject's subscriptions (with the frequency explicitly indicated by the Subject); (c) informational messages — news of the trychatgpt.ru Site, market news, special offers and promotions of the trychatgpt.ru Site (no more than twice a week);

14.2.4. the Subject's consent to receive these mailings is the acceptance of the terms (acceptance) of this Consent. In the event of a dispute about the existence of consent to receive these mailings, the Administration undertakes to provide confirmation that the Subject activated their Account;

14.2.5. the Subject may refuse to receive the specified mailings by performing the actions indicated in the text of the messages received from the Administration;

14.2.6. within 5 (five) working days after the Subject performs these actions, the Administration undertakes to stop sending the relevant type of messages to them;

14.2.7. free of charge and indefinitely, use by any lawful means the Subject's informational materials (without changing their content, except in the cases provided by this Consent) for the purposes of fulfilling this Consent and the License Agreement, and/or posting them in the Database, including posting on other internet platforms/websites and use in articles and analytical reviews;

14.2.8. delete information uploaded by the Subject to the database and/or terminate the Subject's access to upload it where it violates this Consent, at any time, without prior notice and solely at its discretion, if the Administration becomes aware of the Subject's violation of this Consent;

14.2.9. store the Subject's email to which their Account is registered, without retaining other data that would allow identifying the Subject as a natural person, in the event the Subject's Account is deleted at the initiative of the Administration or the Subject themselves;

14.2.10. exercise other rights granted to the Administration by this Consent and the applicable legislation of the Russian Federation.

15. Rights and obligations of the Subject

15.1. The Subject undertakes to:

15.1.1. carefully review the terms of this Consent before accepting it;

15.1.2. not transfer the rights obtained under this Consent to any third party without the prior written consent of the Administration;

15.1.3. inform the Administration of unauthorised access to the Subject's Account and/or their Personal Account;

15.1.4. regularly review the current version of this Consent.

15.2. The Subject is prohibited from:

15.2.1. taking actions aimed at disrupting the normal functioning of the Site;

15.2.2. uploading, storing, publishing, distributing, and providing access to, or otherwise using, viruses, trojans, and other malicious programs, and performing other malicious actions;

15.2.3. using, without the written permission of the trychatgpt.ru Site Administration, automated scripts (programs) to collect information on the Site and/or interact with the Site and its functionality;

15.2.4. attempting by any means to gain access to the Account or personal data of another Subject;

15.2.5. using the Site in any way other than through the interfaces provided by the Site Administration, except in cases where such actions were permitted to the Subject in writing under a separate agreement with the Administration;

15.2.6. using automatic and other programs not permitted by the trychatgpt.ru Site Administration to access the trychatgpt.ru Site, and also, without appropriate authorisation from the trychatgpt.ru Site Administration, extracting by any means, copying, distributing, and otherwise using the informational materials of the Database.

15.3. The Subject has the right to:

15.3.1. use the technical support of the trychatgpt.ru Site in the manner and under the conditions defined in this Consent;

15.3.2. exercise other rights granted to them by this Consent and the applicable legislation of the Russian Federation.

16. Processing period

Personal data are processed until the registration data are deleted or until the purposes of processing are fulfilled.

Consent may be withdrawn by the personal data subject by sending a written withdrawal to IE Kolle Stepan Aleksandrovich at the email address support@trychat.io.

18. Continued processing after withdrawal

In the event that the personal data subject or their representative withdraws consent to the processing of personal data, IE Kolle Stepan Aleksandrovich has the right to continue processing personal data without the consent of the personal data subject on the grounds specified in clauses 2–11 of part 1 of Article 6, part 2 of Article 10, and part 2 of Article 11 of Federal Law No. 152-FZ "On Personal Data" dated 27.07.2006.

Consent to the use of cookies may be withdrawn by deleting the cookies stored in the Subject's browser.

20. Storage periods

The processing of personal data by IE Kolle Stepan Aleksandrovich is carried out until the purposes of collecting the personal data are achieved and until the storage periods for the relevant data, determined in accordance with the applicable legislation of the Russian Federation, expire. To stop the processing of personal data, a corresponding withdrawal must be sent to IE Kolle Stepan Aleksandrovich (clause 18); at the same time, the Subject's personal data may be processed after the termination of this Consent for the period necessary to fulfil the obligations imposed on IE Kolle Stepan Aleksandrovich in accordance with the legislation of the Russian Federation. In such a case, the processing of personal data will be carried out in the scope necessary to comply with the said obligations.

21. Applicable law

In the part not regulated by this Consent, IE Kolle Stepan Aleksandrovich is guided by the legislation of the Russian Federation.

22. Transfer of data to state authorities

In accordance with the legislation of the Russian Federation, the Subject's personal data may be transferred to law enforcement, judicial authorities, and other institutions for the purpose of protecting the foundations of the constitutional order, morality, health, the rights and legitimate interests of other persons, ensuring the defence of the country and the security of the state, and also in cases established by federal laws. In such a case, IE Kolle Stepan Aleksandrovich sends a corresponding notification to the email address specified in the Subject's personal account within 14 (fourteen) calendar days from the date of transferring the personal data to the authorised bodies.

23. Dispute resolution

All disputes and disagreements not resolved in the text of this Consent shall be resolved through negotiations.

24. Judicial procedure

If contentious issues are not resolved through negotiations, all disputes and disagreements arising out of or in connection with this Consent, including disputes regarding its conclusion, validity, modification, and termination, shall be resolved by the Arbitration Court in accordance with the rules of Art. 35 of the Arbitration Procedure Code of the Russian Federation and the substantive and procedural law of the Russian Federation.

25. Sending notices

All notices, claims, and withdrawals from the subject must be sent to the email address support@trychat.io.

26. Severability of terms

The terms of this Consent are severable, and if any of its terms is found to be invalid or unenforceable by any competent court, its invalidity or unenforceability does not affect the remaining terms of the Consent, unless such terms are interrelated.

Consent to the processing of personal data