Terms of Use of Yandex.Metriсa service and AppMetrica

This document, Terms of Use of Yandex.Metriсa Service and AppMetrica (hereinafter — Agreement) is an offer of YANDEX, LLC (hereinafter — Yandex) to an Internet user (hereinafter — User) to conclude an agreement on the use of the service Yandex.Metrica and Yandex.Metrica for applications (AppMetrica) (hereinafter each service is referred to as the Service) on the conditions stated below.

1. The use of the Service by the User is regulated by this Agreement, as well as:

(Hereinafter collectively referred to as — Regulatory Documents).

The User undertakes to acquaint himself with all Regulatory Documents, and shall bear the risk of failure of such acquaintance.

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 the Russian Federation. Throughout the text of this Agreement, unless directly stated otherwise, the term legislation means legislation of the Russian Federation as well as legislation of the User’s place of residence.

3. The Service offers a free opportunity to the User to obtain data on site traffic / mobile application traffic by embedding the code snippet in the User’s site / integrating the Library into the User’s mobile application. Generally, in order to perform these actions, the User must have the appropriate rights to the website / mobile application. When a third party confirms the rights to the website through the functionality of the Yandex Webmaster service, the rights to the tag installed on such a website are transferred by Yandex to such third party, provided that the tag collects data exclusively about visitors to the specified website.

4. Having registered at the Service, received a code snippet / API key, placed the code snippet 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 unconditional 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 code snippet on his website / receive 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 code snippet / the Library;
  • not to install the code snippet 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 code snippet / 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 code snippet / the Library, except for programs working with the API Yandex.Metrica;
  • provide the User’s website visitors / mobile application end users with information about the processing of their data in connection with the use of the Service by the User. Information should be provided in a concise, understandable, and easily accessible manner. If required by applicable law, the User is also obliged to obtain the appropriate consents of visitors to the User's website / end users of the User's mobile application;
  • comply with all requirements of this Agreement and the current legislation on the protection of personal data and correspondence of the User’s website visitors / mobile application end users, 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 accomplished by the User. The User has the right to transfer the rights to the tag to a third party by using the relevant functionality of the Service, or by contacting the Service support.

6.1. The User has the right to provide third parties with access to the statistics of the tag using the related functionality of the Service. The scope of tag usage functions available to the third parties depends on the access level chosen by the User. The User remains liable for any actions of such third parties as for its own.

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 code snippet installed on the User’s website / the Library integrated 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 and the code snippet installed on the User’s website / the Library integrated into the User’s mobile application, any User interactions with the Service support, including in cases of the code snippet installed on the User’s website, the Library integrated into the User’s mobile application, setting up the code snippet on the User’s website and/or the Library integrated into the User’s mobile application by the Service support, 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 requirements and do not infringe third-party rights and legitimate interests. The User shall independently and at its own expense settle all claims of third parties related to the actions of the User in the course of using the Service.

9. The User is hereby notified and agrees that once the function Session Replay is switched on since the installation of the code snippet 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 “User Parameters”, “Session Parameters”, “Offline Data Tracking”, “Transmitting data from a CRM”, “Transfer of data about advertising campaigns”, “Advanced Matching” (hereinafter – Data Transfer Functions), which provide for the possibility for the User to transfer data to the Service via the API and/or otherwise using the Service functionality, the User is provided with an opportunity to transfer to the Service additional data on visitors to pages of the User’s website or User’s customers (hereinafter – User Data). Yandex does not make the User Data available to the public and does not provide the User Data to third parties. When turning to the Data Transfer Functions , the User guarantees that:

  • if the data aggregate included in the User Data 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 User Data, and Yandex using them pursuant to these Terms does not infringe third-party rights, including but not limited to intellectual property rights.

11. If the data aggregate included in the User Data constitutes an item of intellectual property rights or other rights, then for the Service to be properly provided, the User shall entitle Yandex to use the data included in the User Data under an ordinary (non-exclusive) royalty-free license valid throughout the world during the entire term of the exclusive right, sublicensed, with no additional payments 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 the Agreement, the Regulatory Documents and/or applicable laws.

12. When using the Data Transfer Functions, the User undertakes:

12.1. when forming the data included in the User Data, to obtain all necessary and legislatively stipulated consents and permits of persons, whose data is included in the User Data, to use, process this data, including but not limited to data on their interests and conduct in the Internet, and to use such data as part of the User Data, and for such data to be used, processed by Yandex, its affiliates and/or the User. The User also undertakes to notify the persons whose data is included in the User Data about the aforementioned use, processing, to the extent required by applicable law;

12.2. not to include in the User Data 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 User Data.

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 tag. The User can mark specific fields of pages of the User’s web site with a special CSS-class https://yandex.ru/support/metrica/webvisor-v2/settings.html#record-field (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 tag 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. Using this function, the User is not entitled to collect passwords of User’s website visitors / mobile application end users, financial information of such persons as well as data directly identifying the specified persons (in particular, names, postal addresses, etc.) without obtaining explicit consents of such persons to use their data. These consents must comply with all requirements of applicable law.

14. The User acknowledges and agrees that if the User switches on the Limited mode available in the tag settings, the Service collects and transfers to the User a smaller amount of data relating to User’s website visitors. The Limited mode may partially of fully interfere with the availability of other functions of the Service as well as the other services of Yandex, which are used by User and can use the data of the Service.

15. The User acknowledges and agrees that if the User switches on the “Allow to optimize by goals in advertisement campaigns without access to tag” option on the list of goals page, any third party, including third parties without access to the tag, can configure an advertisement campaign in Yandex.Direct (https://direct.yandex.ru) and in Advertisement Subscription in Yandex.Business (https://business.yandex.ru), which uses the User tag goals for optimization purposes. In this case, the tag goals and part of the tag statistics necessary to evaluate the efficiency of the advertisement campaign in Yandex.Direct and in Advertisement Subscription in Yandex.Business will be disclosed to such third party.

15.1. The User is notified and agrees that when the "E-сommerce" option is enabled in the counter settings, information about the actions of User’s website visitors / mobile application end users related to e-commerce is transmitted to the Service (in particular, data on views, purchases, additions to basket, etc.). This setting allows the User to increase the effectiveness of advertising campaigns in the Yandex.Direct service and may be necessary for the corresponding auto goals in the specified service. The User has the right to disable the setting using the corresponding functionality of the Service.

16. The User acknowledges and agrees that if the User switches on the option to transfer data to a third-party service, the Service transfers data on visits of the User’s web site to a third-party service. Name of the third-party service and purposes of data transfer are indicated in the relevant option. The option is available only to Users who are partners of the third-party service. Third-party services which can access this option are determined by Yandex at its discretion.

17. The User acknowledges and agrees that the tag 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.

18. The User is hereby notified and agrees that Yandex does not know or cannot know what information is contained in the data recorded by the tag 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 cannot 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 tag / 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 information 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.

19. All data collected and stored by the Service shall be treated by Yandex as personal data and 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 tags, which does not disclose precise reading of the User's tag, may be used by Yandex at its discretion, including for commercial purposes.

19.1. With regard to personal data of the User’s website visitors (in particular, information about activity on the website, cookie files, data about the device, operating system and its version), Yandex and the User are independent controllers of personal data and are independently responsible for compliance with Federal Law dated July 27, 2006 No. 152-FZ “On Personal Data” and other applicable legislation in the field of personal data.

The User represents and warrants that he has ensured the legality of processing by Yandex and its affiliates of personal data of the User’s website visitors in accordance with the requirements of Federal Law dated July 27, 2006 No. 152-FZ “On Personal Data”, other applicable legislation in the field of personal data, including the existence of an appropriate legal basis for the transfer of personal data to Yandex, its affiliates and the subsequent processing of personal data by Yandex, its affiliates, as well as proper notification of data subjects about such processing to the extent required by applicable law, in order to achieve the purposes defined in the Yandex Privacy Policy, available for information at: https://yandex.ru/legal/confidential. Yandex, its affiliates, as well as the User are obliged to ensure the security and confidentiality of personal data of the User’s website visitors received from the other party.

19.2. The User, within a reasonable time from the moment of receiving the request from Yandex, provides Yandex with sufficient information and (or) documents confirming the fulfillment of representations and warranties specified in clause 19.1. of the Agreement: the fact of obtaining the consent of the data subjects for the processing of their personal data, or the presence of other sufficient legal grounds for the processing of the personal data of the data subjects and the fact of proper notification of the data subjects about the processing. The determination by Yandex and the User of the composition and content of the information and (or) documents provided is carried out taking into account the requirements of applicable legislation, as well as in compliance with the rights and legitimate interests of the data subjects, Yandex, the User and other persons.

19.3. In relation to the personal data of User’s mobile application end users, as well as the personal data of the website visitors of Users, who have enabled the "Limited mode" in the tag settings, Yandex ensures security and confidentiality of such personal data, as well as compliance with requirements for its processing under applicable laws, which includes implementation of necessary legal, organizational and technical measures aimed at protection of personal data from unauthorized or accidental access to it, destruction, modification, blockage, copying, dissemination of personal data, and from other unlawful actions with such data, including requirements for protection of processed personal data set out in art. 19 of the Federal Law dated July 27, 2006 No. 152-FZ “On Personal Data”. Yandex also complies with the requirements set out in part 5 art. 18, art. 18.1 of the said law. In the course of processing of the specified personal data, Yandex processes such data for the for the purpose of providing the Service to the User by the following methods: collection, recording, systematization, accumulation, storage, specification (update, alteration), retrieval, usage, transfer (provision, access), blockage, deletion, destruction of personal data. If the fact of illegal or accidental transfer (provision, distribution, access) of personal data of the User’s website visitors / mobile application end users is established, resulting in a violation of the rights of subjects of personal data, Yandex undertakes to notify the User without undue delay. The User undertakes to obtain legally required under applicable laws consents to personal data processing from the User’s website visitors / mobile application end users in the specified scope and for the purposes defined in this agreement.

19.4. At the User's request, Yandex undertakes to provide documents and other information confirming that measures have been taken and compliance with the requirements provided for in clause 19.3 of the Agreement.

20. 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 Blocker” browser extension.

21. The User is hereby notified and agrees that after completing necessary registration procedures in the Service he can on a one-time and free of charge basis use the additional function of setting up the tag and receive a code snippet / API key for posting on the User's website, or request improvement of the current filter/targets/segments for a previously independently configured tag by filling out and sending a questionnaire (brief), where all the necessary information for setting is indicated according to the form posted on one of the pages:

The User is hereby notified and agrees to making changes to the Metrica tag in accordance with completed questionnaire (brief). The User shall be independently liable for accuracy, integrity and confidentiality of entered data, including login and password. Yandex reserves the right to refuse from fulfilling the User's request, to suspend or terminate setting of the tag, and informs the User about this by e-mail.

22. Yandex does not guarantee that the installation of the tag 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 tag 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 tag / integration of the Library, the collection and use of information specified by the User.

23. 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.

24. 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.

25. Yandex may at any time without notice to the User amend the text of this Agreement and/or any other conditions of use of Service. The actual text of this Agreement is located at: https://yandex.com/legal/metrica_termsofuse.

Terms of the Agreement for Users whose processing of personal data is subject to the GDPR and / or the legislation on personal data of Switzerland or the United Kingdom

1. If the General Data Protection Regulation (GDPR) and/or Swiss or UK personal data legislation is applied to the processing of personal data of User’s website visitors / mobile application end users, the Agreement is an offer to conclude an agreement on the use of the Service of the public limited company Intertech Services AG (in the text of the Agreement – Yandex), and the terms of this section apply to the relations between Yandex and the User. In the event of a contradiction between the terms of this section and other terms of this Agreement, the terms of this section shall apply.

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.

3. Clauses 19.1-19.2 of the Agreement apply to the personal data of the User’s website visitors. References to the provisions of the Federal Law dated July 27, 2006 No. 152-FZ “On Personal Data” are understood as references to the relevant provisions of the GDPR and / or the legislation on personal data of Switzerland or the United Kingdom.

In relation to the personal data of User’s mobile application end users, as well as the personal data of website visitors of Users, who have enabled the "Limited mode" in the tag settings, Data Processing Agreement (DPA) located at: https://yandex.com/legal/metrica_agreement applies. In the event of a conflict between the terms of the DPA and the Agreement, the DPA shall apply.

4. Clause 21 of the Agreement does not apply to the User.

Terms of the Agreement for Users whose processing of personal data is subject to the CCPA

1. If the California Consumer Privacy Act (CCPA) is applied to the processing of personal data of User’s website visitors / mobile application end users, the Agreement is an offer to conclude an agreement on the use of the Service of the public limited company Intertech Services AG (in the text of the Agreement – Yandex), and the terms of this section apply to the relations between Yandex and the User. In the event of a contradiction between the terms of this section and other terms of this Agreement, the terms of this section shall apply.

2. Yandex processes the User’s app visitors’ personal information collected with the use of the Service (“Personal Information”) on behalf of the User.

3. The User discloses to Yandex the Personal Information for a business purpose.

4. Yandex is prohibited from retaining, using, or disclosing the Personal Information for any purpose other than for the specific purpose of providing the Service to the User, or as otherwise permitted by CCPA, including retaining, using, or disclosing the Personal Information for a commercial purpose other than providing the Service to the User.

5. Yandex provides the User with the functionality that allows the User to delete from the Service the Personal Information unless otherwise provided by CCPA;

6. Yandex does not further collect, sell, or use the Personal Information except as necessary to perform the business purpose.

7. Yandex is prohibited from:

  • selling the Personal Information;
  • retaining, using, or disclosing the Personal Information for any purpose other than for the specific purpose of providing the Service to the User, including retaining, using, or disclosing the Personal Information for a commercial purpose other than providing the Service to the User;
  • retaining, using, or disclosing the Personal Information outside of the direct business relationship between Yandex and the User.

Yandex certifies that Yandex understands the relevant restrictions and will comply with them.

8. Yandex implements and maintains reasonable security procedures and practices appropriate to the nature of the information to protect the Personal Information processed by Yandex on behalf of the User.

9. The User shall comply with its obligations under the CCPA, and any other applicable laws or regulations. The User is responsible for ensuring that its use of the Service complies with these laws and regulations, and that it has provided any required notices and obtained any required consents necessary to use the Service.

10. The User shall ensure that its privacy policy accurately describes the Service's processing of the Personal Information.

11. Yandex can collect deidentified or aggregated data and use it for its own purposes.

Terms of the Agreement for Users whose processing of personal data is subject to the COPPA

1. If the Children's Online Privacy Protection Act of 1998 (COPPA) is applied to the processing of personal data of User’s website visitors / mobile application end users, the Agreement is an offer to conclude an agreement on the use of the Service of the public limited company Intertech Services AG (in the text of the Agreement – Yandex), and the terms of this section apply to the relations between Yandex and the User. In the event of a contradiction between the terms of this section and other terms of this Agreement, the terms of this section shall apply.

2. Yandex collects and maintains personal information from or about the User’s app visitors ("Personal Information") on behalf of the User.

3. The User represents and warrants that it is fully responsible for and will comply with all applicable laws and regulations.

4. Without limiting the generality of the foregoing, the User represents and warrants that it shall not use the Service to collect or otherwise process the Personal Information of its users in violation of any data protection laws, including without limitation, COPPA.

5. The User will fully indemnify Yandex for breach of its representations and warranties under the Agreement.

6. The User shall ensure that their privacy policy accurately describes the Service's processing of the Personal Information.

7. Yandex can collect deidentified or aggregated data and use it for its own purposes.

8. Yandex assures the User that Yandex takes reasonable measures to maintain the confidentiality, security and integrity of Personal Information collected or maintained by Yandex on behalf of the User.

9. The User has the right to periodically monitor, by requesting and reviewing documents confirming compliance of Yandex with ISO/IEC 27001 or other relevant information security standard adopted by Yandex at its discretion, if Yandex maintains the confidentiality and security of the Personal Information.

10. Yandex may, at its sole discretion, limit or terminate its provision of the Service to the User if Yandex receives actual knowledge that the relevant app is child-directed, or is otherwise collecting the Personal Information of children under 13, and promptly delete any such information.

11. Yandex may be informed that the Service is collecting Personal Information from users of a child-directed app, or that the Service is collecting Personal Information from a child through a general audience app via the following form: https://appmetrica.yandex.com/docs/troubleshooting/feedback-new.html.

Date: 13.03.2024

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