This document covers the use of Yandex.Metriсa service by users that have a business established in the territory of a member state of the European Economic Area or Switzerland, or that, for other reasons, are subject to the territorial scope of the national implementations of the Regulation (EU) 2016/679 of 27 April 2016 on the protection of natural persons with regard to the Processing of Personal Data and on the free movement of such data, (General Data Protection Regulation; hereinafter – "GDPR"). If the aforementioned is not the case, the use of Yandex.Metriсa service is covered by document that can be found here: https://yandex.com/legal/metrica_termsofuse.
1. The use of the Service by the User is regulated by this Agreement, as well as:
- the User Agreement for Yandex services, available at: https://yandex.com/legal/rules,
- the Data Processing Agreement, available at: https://yandex.com/legal/metrica_agreement, (Hereinafter collectively referred to as - Regulatory Documents).
In case of any conflict between this Agreement and the User Agreement for Yandex services, the terms of this Agreement will prevail. In case of any conflict between this Agreement and the Data Processing Agreement, the terms of the Data Processing Agreement will prevail.
The User undertakes to acquaint himself with all Regulatory Documents, and shall bear the risk of failure of such acquaintance.
"Personal Data" shall have the meaning of Art. 4 Sec. 1 of the Regulation (EU) 2016/679 of 27 April 2016 on the protection of natural persons with regard to the processing of Personal Data and on the free movement of such data, (General Data Protection Regulation; hereinafter – "GDPR").
"Processing" data shall have the meaning of Art. 4 (2) GDPR, i.e. any operation or set of operations which is performed on Personal Data or on sets of Personal Data, whether or not by automated means, such as collection, recording, organisation, structuring, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combi-nation, restriction, erasure or destruction;
"Visitor" shall mean the User’s website visitors and the mobile application end users.
"Data Controller" shall have the meaning of Art. 4 (7) GDPR, i.e. the natural or legal person, public authority, agency or other body which, alone or jointly with others, determines the purposes and means of the processing of Personal Data; where the purposes and means of such processing are determined by Union or Member State law, the controller or the specific criteria for its nomination may be provided for by Union or Member State law;
2. This Agreement and the relations between Yandex and the User arisen in connection to use of the Service, are subject to the applicable laws of Finland. Throughout the text of this Agreement, unless directly stated otherwise, the term legislation means legislation of the Finland as well as legislation of the User’s place of residence and GDPR.
3. The Service offers a free opportunity to the User to obtain data on site traffic / mobile application traffic by embedding the counter code in the User’s site / integrat-ing the Library into the User’s mobile application.
4. Having registered at the Service, received a counter code / API key, placed the counter code on the User's site / integrated the Library into the User’s mobile application or used any other function of the Service, the User expresses its uncon-ditional consent with all terms of this Agreement and undertakes to comply with them or stop using the Service, by removing the related code from the User's site / the Library from the User’s mobile application.
5. When using the Service, the User must comply with the following conditions and limitations:
- to have a login on Yandex and place the counter code on his website / re-ceive API key and integrate the Library into the mobile application. Yandex has a right to deny access to the Service without explanation;
- not to remove or alter hyperlinks to the resources of Yandex contained in the counter code / the Library;
- not to install the counter code on sites / not to integrate the Library into mobile applications that do not meet the requirements of paragraph 5 of the User Agreement for Yandex services;
- not to change / modify in any way the program code of the counter / the code of the library received via the Service, except for changes in parameters of the User’s website / the User’s mobile application;
- not to use any automatic programs or devices to register on Yandex and/or to receive a counter code / the Library, except for programs working with the API Yandex.Metrica;
- comply with all requirements of this Agreement and the current legislation on the protection of Personal Data and correspondence of Visitor, as well as other information, access to which is limited according to the legislation, and that can be recorded while using the Service.
6. The User shall be responsible for safekeeping of his login, password and API key and may not transfer or disclose it to third parties. All the actions taken by the Service under the User’s login, password and API key are considered as accom-plished by the User.
7. The Service (including the information obtained with its help) is provided by Yandex “as is”. Yandex does not warrant the fitness of the Service for the purposes and expectations of Users, uninterruptable and error-free operation of the Service in general and the counter installed on the User’s website website / the Library inte-grated into the User’s mobile application, in particular, and does not warrant the accuracy of the information obtained through the Service. Yandex shall not be liable for any damage, direct or indirect, caused to the User or any third party by use or inability to use the Service and/or counters installed on the User's website website / the Library integrated into the User’s mobile application, as well as by use or inability to use the information obtained through the Service. Yandex shall not reimburse the User or any third party for such damages.
8. The User shall be independently liable to third parties for its actions when using the Service, inter alia, shall guarantee that its actions conform to legislative require-ments and do not infringe third-party rights and legitimate interests. In regards to Data Protection requirements the User is the Data Controller. The User will comply with the following requirements:
- User will pass or assist / permit any third party to pass information to Yandex that Yandex could use or recognize as personally identifiable information;
- User will ensure that a Visitor is provided with information about the storing and accessing of cookies or other information on the Visitors device where such activity occurs in connection with Yandex.Metrica in a concise, trans-parent, intelligible and easily accessible form, using clear and plain lan-guage. Visitors have to give their consent where providing such information and obtaining such consent is required by law;
- User will not evade any privacy features that are part of Yandex.Metrica;
- User will enter into a valid Data Processing Agreement with Yandex if the User or User's website is subject to the provisions of the GDPR (Article 2 and 3 GDPR). The User shall use the Data Processing Agreement provided by Yandex: https://yandex.com/legal/metrica_agreement.
9. The User is hereby notified and agrees that once the function Session Replay is switched on since the installation of the counter to the pages of the User, the Service provides the User with functional ability to automatically record sessions of visits by the visitors of the pages on the User’s website (hereinafter –Visit Sessions). Yandex does not place such records of Visit Sessions on open access and does not provide such records of Visit Sessions to third parties, except for those records the access to which were provided by the User himself.
10. The User is hereby notified and agrees that when using the “Visitors Parame-ters” function the User is provided with an opportunity to transfer to the Service additional depersonalized data on visitors to pages of the User’s website (hereinafter referred to as the Visitors Parameters). Yandex does not make the Visitors Parame-ters available to the public and does not provide the Visitors Parameters to third parties. When turning to the “Visitors Parameters” function, the User guarantees that:
- the Visitors Parameters do not include Personal Data, meaning that they are depersonalized and do not identify specific visitors to the page of the User’s website;
- if the data aggregate included in the Visitors Parameters constitutes an item of intellectual property rights or other rights, the User gained all necessary rights and consents to entitle Yandex to use the data included in the Visitors Parameters, and Yandex using them pursuant to these Terms does not in-fringe third-party rights, including but not limited to intellectual property rights.
11. If the data aggregate included in the Visitors Parameters constitutes an item of intellectual property rights or other rights, then for the Service to be properly provid-ed, the User shall entitle Yandex to use the data included in the Visitors Parameters under an ordinary (non-exclusive) royalty-free license valid throughout the world during the entire term of the exclusive right, sublicensed, with no additional pay-ments and reports on use, in any ways stipulated by applicable laws, including but not limited to: extraction, search, handling, analysis, reproduction, distribution, processing, technical integration, combining, association and/or comparison to any data and/or information owned and/or disposable by Yandex, and other actions not prohibited by these Rules, the Regulatory Documents and/or applicable laws.
12. When using the “Visitors Parameters” function, the User undertakes:
12.1. when forming the data included in the Users Parameters, to obtain all neces-sary and legislatively stipulated consents and permits of visitors to the User’s website to use, handle and/or depersonalize data on visitors to the User’s website, including but not limited to data on their interests and conduct in the Internet, and to use such data as part of the Visitors Parameters, and for such data to be used by Yandex, its affiliates and/or the User;
12.2. not to include in the Visitors Parameters any data, information and/or materials infringing rights of visitors to the User’s website and/or third parties (including but not limited to intellectual property rights) or containing malware and/or spyware;
12.3. to be fully liable for compliance with requirements of applicable laws and third-party rights (including but not limited to laws on personal data and intellectual property) holding Yandex, its subcontractors, employees, partners and/or contracting parties harmless from and against any third-party claim (including visitors to the User’s website, customers and clients of Yandex and authorized public bodies) relating to the data included in the Visitors Parameters.
13. The User shall at his own risk and discretion switch on the function of the Service Session Replay, define the amount of information on the User’s website, being recorded by the counter. The User can mark specific fields of pages of the User’s website with a special CSS-class https://yandex.com/support/metrica/qanda/webvisor-qanda.xml#skip-fields (in the HTML-code of pages of the website) for the input of data in such fields by third parties (visitors of the User’s website) not to be recorded during recording of Visit Sessions by the counter and at his own discretion and risk make a decision on the choice of fields for such marks and is solely responsible for recording data in the fields which do not have such a mark. The User shall not collect data or record input of passwords or input to fields dedicated to names, postal addresses or other direct personal identifiable information, unless Visitor has specifically consented to such session recording by the User. User remains Data Controller and is fully responsible and liable according to applicable data protection laws for any data that User collects on his websites.
14. The User acknowledges and agrees that the counter installed on the User’s website / the Library integrated into the User’s mobile application collects data on visits of the User’s web site / data on the end user's device and its use of the User's mobile applications and automatically forwards that to Yandex to get generalized statistical information available for the further use via the Service by the User and by Yandex for its own purposes as well. If the User did not include a restriction to send pages of the web site for indexing (https://yandex.com/support/metrica/code/stop-indexing.xml), the addresses (URL) of pages with the installed counter may be forwarded for indexing by Yandex. Nevertheless, Yandex does not guarantee that pages, which URLs are obtained in this manner, will be necessarily indexed and included in search results.
15. The User is hereby notified and agrees that Yandex does not know or can not know what information is contained in the data recorded by the counter on the site pages of the User / the Library into the User’s mobile application, as well as what information is recorded while recording Visit Sessions and saved in a temporary record of such Visit Sessions, and can not determine whether there is any Personal Data, correspondence and other limited to receiving, processing and distribution information of third parties in such records (hereafter - Secured information) or not. The Service operates in fully automatic mode, and does not analyse the content and meaning of information published on the pages / in the mobile application or entered by visitors in the fields on the page / in the mobile application, and records it completely, regardless of its content. Yandex does not make any modifications to the data recorded by the counter / the Library, including the recordings of Visit Sessions, and does not perform any actions focused on the collection, receipt, processing and distribution of Personal Data, correspondence and other Secured information of visitors of the User's website / end users of the User’s mobile application as a result of the User's use of the Service. With this in mind, the User understands that by using the Service, he might gain access to Secured information, and therefore the User undertakes not to take focused actions to obtain such Secured information, and shall to the maximum extent comply with all requirements of applicable law for collection, processing and protection of Personal Data and other Secured infor-mation obtained during using the Service, and shall bear all risks associated with obtaining such Secured information, and the liability for failure to comply with the legislation.
To maintain and safeguard privacy of the visitor the User shall only use the Service Session Replay features for parts of his website where no Personal Data will be recorded, unless the visitor has given prior consent specifically for the use of the Service Session Replay. Consent can be given by electronic means. In this case the request must be clear, concise and not unnecessarily disruptive to the use of the service for which it is provided. As Data Controller the User is responsible and liable to document and demonstrate the visitors' prior consents to the Service Session Replay. The User must maintain the higher requirements on the consent of minors (Art. 8 GDPR) and for processing special categories of Personal Data (Art. 9 GDPR).
16. All data collected and stored by the Service shall be treated by Yandex as a confidential information of the User, and to the extent permitted by applicable law – as a trade secret of the User. Yandex shall keep that data in secret and shall not transfer that data to any third parties (except for the affiliate entities that are in the same group with Yandex), except where the User has authorized such transfer or has given an access to that data for third parties at his own discretion. Aggregate data from counters, which does not disclose precise reading of the User's counter, may be used by Yandex at its discretion, including for commercial purposes.
17. The User is hereby notified and agrees that visitors to the User’s site may prohibit the collection of data about their visits to the User’s site as well as the recording of their sessions using the Service, including by the use of the “Yandex.Metrica opt-out add-on” browser extension. The User shall draw attention of visitors of the User’s site to the function “Yandex.Metrica opt-out add-on.
18. Yandex does not guarantee that the installation of the counter on the User’s website / integration of the Library into the User’s mobile application, collection, processing and transmission of this information to Yandex does not violate the legislation of the User’s place of residence. The User performs the installation of the counter on the User’s website / integration of the Library into the User’s mobile application and uses the Service at his own risk and is solely responsible for all actions related to the use of the Service, including the installation of a counter / integration of the Library, the collection and use of information specified by the User.
19. Yandex has the right without notice and at its sole discretion terminate or suspend the User's access to the Service without explanation, in particular, in case of violation of requirements of this Agreement by such the User.
20. All claims arising from the use / inability to use the Service should be directed using the feedback form at https://yandex.com/support/metrica/troubleshooting.xml.
21. Yandex may at any time without notice to the User amend the text of this Agree-ment and/or any other conditions of use of Service. The actual text of this Agree-ment is located at: https://yandex.com/legal/metrica_eea_termsofuse.