Terms of Use of Yandex SmartCaptcha
This document contains specific Terms of Use of Yandex SmartCaptcha (“the Service”) and is an integral part of Yandex.Cloud Customer Agreement (“Agreement”) and Service Terms set forth at https://yandex.com/legal/cloud_service_terms. Capitalized terms used herein but not defined herein shall have the meanings set forth in Agreement and Linked Documents.
1. Functional Features of the Service
1.1. The Service allows the Customer to determine whether a request is sent by a human or a robot, based on a set of parameters and/or an additional task.
1.2. Functional Features of the Service:
1.2.1. placing a Captcha on the web page specified by the Customer;
1.2.2. based on a set of parameters, making a conclusion about whether the request is sent by a human or a robot;
1.2.3. showing an additional task that a web page visitor will have to complete if the initial check results are negative;
1.2.4. choosing the level of complexity of the words shown in the task. There are three levels of difficulty: easy, normal, difficult;
1.2.5. managing the appearance of the displayed Captcha.
1.3. Service Level is determined for the Service in accordance with SLA.
2. Pricing
2.1. The use of the Service is chargeable.
2.2. Service Fee for the Service is determined as per Service Rates and billing units specified on Site. Yandex may change Service Rates as stipulated by Agreement.
2.3. Service Fee for the Service depends on the number of Valid Query to the SmartCaptcha API at https://captcha-api.yandex.cloud/validate.
2.4. Yandex may from time to time provide the Customer with additional functional features of the Service for an additional fee.
3. Additional Data Protection Terms
3.1. When using the Service Client, as a controller of Users’ personal data, instructs Yandex to perform its processing, including collection, accumulation, specification, transfer, storage, deletion and destruction, as well as analysis, systematization for the purposes defined in clause 3.7. of these terms.
3.2. The relations between the parties when using the Service are subject to the Data Processing Agreement (available at: https://yandex.com/legal/cloud_dpa) to the extent that it does not contradict these terms and taking into account the functional features of the Service. In case of any discrepancies between the Data Processing Agreement and these terms, the latter shall prevail.
3.3. The Client warrants that it ensures presence and validity of the legal bases for processing Users’ personal data that are required under applicable laws for processing by Yandex in the volume and within the timeframes set out in these terms. This also includes Client’s appropriate and explicit notification of Users about the conditions for processing personal data when using the Service, as specified in clause 3.4.
3.4. Notification of the User by the Client shall explicitly include the following information:
(i) legal basis for processing User’s personal data, Client’s role as a controller and Yandex as a processor acting on Client’s behalf, Client’s contact details, link to Yandex Privacy Policy. It shall also mention that Yandex has the right to perform further processing of User’s personal data for the purpose of improving the Service.
(ii) means for processing personal data, as specified in clause 3.1. of these terms.
(iii) purposes and terms for processing personal data, categories of personal data and data subjects, as specified in clause 3.7. of these terms.
(iv) description of data subjects’ rights and ways of their exercising, including necessity to send requests to the Client as a controller (Yandex has no opportunity to identify data subject),
(v) other information required under the laws that may apply to the Client.
This information must be disclosed to the User in any explicit way on webpages where the Service widget is installed by the Client, for example, by placing a link to such notice in the privacy policy, cookie banner or terms of use of the site. Such notification, as well as ensuring the legal bases for processing specified personal data, is the responsibility of the Client, nothing in these terms shall mean that Yandex shall comply with these obligations.
3.5. The Client shall handle Users’ requests related to the processing and protection of personal data. If requested by the Client, Yandex will assist in responding to such requests where and to the extent possible, based on the functional features of the Service.
3.6. Requests from supervisory (state) authorities are subject to the rules specified in clause 3.5.
3.7. Details of Client’s instructions for processing of personal data by Yandex:
| - Performance of the Yandex.Cloud Customer Agreement and Yandex.Cloud Service Terms, including debugging and machine learning (improvement of the service) for the Client |
| - User of the website where the Service widget is installed by the Client, and whose data is collected within the Service functionalities |
| - Technical data about the User’s device, its activity and digital fingerprint (token, browser features, referer, timezone, etc.) |
| - 60 calendar days from the date of data collection by the Service - The Data Processing Agreement and Section 3 of these terms will remain effective after the termination of the Agreement until deletion of personal data by Yandex |
| - Performance of the Yandex.Cloud Customer Agreement and Yandex.Cloud Service Terms, including debugging and machine learning (improvement of the service) for the Client |
| - User of the website where the Service widget is installed by the Client, and whose data is collected within the Service functionalities |
| - Technical data about the User’s device, its activity and digital fingerprint (token, browser features, referer, timezone, etc.) |
| - 60 calendar days from the date of data collection by the Service - The Data Processing Agreement and Section 3 of these terms will remain effective after the termination of the Agreement until deletion of personal data by Yandex |
Definitions
Captcha — a form providing an opportunity to make a conclusion about whether the person interacting with the form is a human or a robot.
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Web address: https://yandex.com/legal/cloud_terms_smartcaptcha
Date of placement: November 1, 2023
Effective date: November 1, 2023
Previous version of the document: https://yandex.com/legal/cloud_terms_smartcaptcha/05092022