Publication date 12/14/2019
Planfix Inc., publishes this proposal, which is a public Agreement to legal entities and individuals (hereinafter - Agreement ), of which the complete and unconditional acceptance of the terms is considered clicking on the link given in the email received during registration, to activate the administrator account in the Planfix Service located at http://planfix.com/ (hereinafter – the Service).
1. Subject of the Agreement
1.1. The subject of this Agreement is to define the rights and obligations of the parties arising from the use of the Service in relation to confidentiality of information disclosed by either party to the other party in connection with the fulfillment of obligations related to the provision and use of the Service.
1.2. The party transferring confidential information is the Disclosing Party. The party receiving confidential information is the Receiving Party.
1.3. Each party understands and acknowledges that confidential information has been developed or received by the parties by investing considerable effort and that confidential information is a valuable and unique possession of the parties, which gives them a significant competitive advantage. Each party agrees to take every available measure to protect the confidential information of the other party it uses.
2. Confidential information
2.1. For the terms of this Agreement confidential information is any information or material, purposely or accidentally obtained by the receiving party from the disclosing party in written or electronic form when using the Service.
- Any technical information, including information about any products released or not released by the party (source codes, design documentation, technical requirements, goals, technical solutions, algorithms, interfaces, and so on);
- Any information on the marketing and promotion of products, on the policy of the parties on the market, on the plans of the parties;
- Information about the parties (turnover, sales, warehousing, concluded and not-concluded contracts, the clients of the parties etc);
- Any information contained in correspondence between the Company employees of the parties during the term of this Agreement, regardless of the email addresses used by the employees;
- Any information contained in correspondence between the Company employees of the parties and their customers, which is provided through the Service.
- Information provided to the receiving party with a written indication of the fact that it is not confidential;
- Information obtained legally from a third party that does not fall under, as far as the parties are aware, the obligations of confidentiality with respect to such information;
- Information independently obtained by a party through research, systematic observations and other activities;
- Information and materials publicly released and available to the public, including advertising materials and scientific articles published in print and/or posted on the Internet;
- Information that is or becomes publicly known as a result of improper, negligent or intentional actions of the disclosing party;
- Information independently developed by the receiving party, provided that the person or persons who developed it did not have access to confidential or trade secret information;
- Information that is or becomes known to the public of no fault of the parties to this Agreement;
- Information owned by the party (parties) for which there are no obligations to maintain confidentiality;
- Information which, in accordance with the applicable law cannot be a commercial, professional or other secret.
3. Personal information collected by the service
Information that the Disclosing Party independently provides to the Service in the implementation of actions aimed at registration in the Service or in the framework of its use
The information is provided by filling in the appropriate forms by the Disclosing Party, while the amount of information provided when completing the non-mandatory fields of these forms is determined by the Disclosing Party. Examples of such data: e-mail addresses; name and surname; name of the company.
Information collected by clients
This is any information uploaded or contributed to the Service by the Disclosing Party. The service is not directly related to the persons whose personal data was uploaded as part of the client accounts. Each Customer of the Service has his own responsibility for providing notice to customers and third parties regarding the purposes for which the Customer of the Service collects their personal data and how these personal data are subsequently processed.
Automatically collected information
When the Disclosing Party uses the Service, the Service can automatically collect user data: location information; OS type and version; type and version of the browser; type of device and its screen resolution; source from where the user came to the site; from which site or from which advertisement; OS and browser language; which pages are opened and which buttons the user clicks; ip-address.
Information received when integration with other services is enabled
When using third-party integrations available in the Service, you may be given the opportunity to access or register with the service using your user name and password for certain services provided by third parties (hereinafter "complex service"), for example, using a Google account, VKontakte, Viber, Skype, Telegram, Facebook.
Before using integration, you should check your privacy settings on each of the services you want to use to understand what information the integrated service provides to us.
Information received from integration with Google contacts
When you enable the integration of the selected contact list in the Service with Google Contacts, the Service creates a new contact group in Google Contacts with contacts from the connected list. The following information is transferred from the Service to Google Contacts: name, position, company, email addresses, telephones, birthday, notes to the contact, address, AIM channels.
When the integration is enabled, the Service only accesses the contacts that are in the group of contacts created by the Service in Google Contacts. The Service performs the operations of adding / changing / deleting contacts only within the group of contacts created by the Service.
If you disable integration with Google Contacts, contact information is no longer updated, but the contacts are not deleted from your Google Account. If necessary, the Disclosing Party must remove contacts from the Google Contacts service on its own.
If a user with administrator rights deletes a contact (s) in the Service, the Service deletes the corresponding contact (s) in Google Contacts.
3.1. Personal data is not publicly available.
4. Objectives of collecting and processing personal information
The collection, storage and processing of information specified in Section 3 of this Privacy Agreement is carried out exclusively for the following purposes:
4.1. To identify the Disclosing Party when using the Service;
4.2. To personalize the registration of visits (including for the purpose of providing personalized services to the Disclosing Party).
4.3. To interact with the Disclosing Party within the framework of agreements and / or treaties concluded with the Service.
4.4. For conducting statistical and other studies based on impersonal data.
4.5. Personal data is processed both without the use of automation tools, and with their use.
5. Terms of processing of the user's personal information and its transfer to third parties
5.1. Storage (including modification and deletion) of the Disclosing party’s personal information is carried out in accordance with the functional purpose of the Service, the technical documentation for it, as well as the Service provision agreement.
5.2. During processing, the following actions will be performed with the personal data: collection; recording; systematization; accumulation; storage; clarification (update, change); extraction; using; transfer (dissemination, provision, access); blocking; removal; deletion.
5.3. Disclosure of personal information to third parties is carried out the following cases, when:
5.3.1. The user has expressed his consent to such disclosure in advance.
5.3.2. Information transfer is necessary to protect the rights and legitimate interests of the Service or third parties in cases where the Disclosing Party violates the Service's copyrights and / or the corresponding agreement on the use of the Service.
6. Protection of personal information
- Uses RSA encryption in the data channel from the Disclosing to the Receiving party and back.
- Provides, if necessary, 2-step authentification for account access.
- Provides the ability to restrict access to the account by IP.
- Provides the ability to restrict access to the account by time.
- Constantly improves the ways of data collection, storage and processing.
7. Obligations of the parties
7.1. During the entire term of the Agreement, the parties shall not disclose any confidential information they become aware of without the written consent of the disclosing party.
7.2. The parties shall take measures to prevent the disclosure of confidential information they are aware of, protect the confidentiality of this information, and store and process such information in accordance with the established procedures of each party for confidential information.
7.3. The receiving party agrees to provide access to confidential information only to employees who require such access to perform support work for the disclosing party.
7.4. The receiving party in due care and in accordance with the applicable law gives its employees access to confidential information and creates the conditions required to ensure compliance with the terms of this Agreement.
8. Use of confidential information
8.1. The parties shall use the confidential information only to meet their obligations related to the provision and use of the Service.
8.2. All confidential information provided hereunder, including copies thereof, must be destroyed within seven (7) days from the date of deletion of the Account in the Service by the disclosing party.
9. Special terms
9.1. The confidentiality obligations under this Agreement shall not affect the provision of confidential information in cases established by law at the request of a public authority, a government agency, local government or courts, prosecutors, investigating agencies, or boards of inquest. At the same time the receiving party shall promptly notify the disclosing party of receipt of the request and the requirement to disclose the confidential information if it does not contradict the current legislation.
10. Applicable law and dispute resolution
10.1. This Agreement shall be governed by and construed in accordance with the current legislation of California State, USA.
10.2. All disputes arising out of or related to this Agreement and its interpretation shall be subject to amicable settlement through negotiations between the parties.
10.3. If no settlement is reached by the parties through negotiation within 30 calendar days from the start of these negotiations, the dispute shall be referred for settlement to the Moscow Arbitration Court or to a court of general jurisdiction at the location of the receiving party (unless the disclosing party is an individual).
11. Duration of the agreement
11.1. This Agreement shall enter into force upon its signing and shall be valid for three (3) years after the termination of the Agreement.
12. Other terms
12.1. The form and method of information exchange under this Agreement shall be determined by the parties on that condition that all actions performed are guided by fair business practise.
12.2. If any of the terms of this Agreement are found by a court or any other competent authority to be invalid, illegal or unenforceable, it will in no way affect the validity or legality of the remaining terms of this Agreement. The parties shall make every effort to review the invalid terms of this Agreement in order to make amendments so that they are valid and best match the intentions expressed in these and other terms of this Agreement.
12.3. Neither party has the right to transfer its rights and liabilities under this Agreement in whole or in part to a third party without the prior written consent of the other party. In case of change of the legal form of ownership of a party or its owner, its rights and obligations are automatically transferred to the successor.