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. General Provisions and Applicable Law

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

(hereinafter jointly referred to as the "Regulating Documents").

The User is obliged to familiarize themselves with all the Regulating Documents and they themselves bear the risk resulting from failure to do so.

1.2. This Agreement and the relationship between Yandex and the User arising in connection with the use of the Service shall be governed by the applicable law of the Russian Federation, unless otherwise expressly provided by the Agreement. Throughout the text hereof, unless expressly stated otherwise, the term "law" shall mean both the law of the Russian Federation and the law of the place of the User's location.

1.3. The Service offers the User a free opportunity to obtain data on traffic and other actions of website visitors/end users of the mobile application by placing the web counter code on the User's website/integrating the library into the User's mobile application. "Mobile Application" means a software owned by the User and intended for use on mobile devices. For the purposes of this Agreement, the term "Mobile Application" also includes the User’s software development kit(s) (SDK). Generally, in order to perform the said actions, the User shall have the appropriate rights to the website / mobile application. When a third party confirms rights to a website through the Yandex Webmaster service, Yandex transfers rights to the web counter to the third party, provided that the web counter collects data exclusively about visitors to the specified website.

1.4. By registering with the Service, receiving the web counter code/API key, deploying the web counter code on the User's website/integrating the library into the User's mobile application, or using any other functionality of the Service, the User expresses their unconditional consent to all the terms and conditions of this Agreement and undertakes to comply with them or cease using the Service by removing the relevant code from the User's website/library from the User's mobile application.

1.5. Yandex may at any time amend the text of this Agreement and/or any other terms of use of the Service without notice to the User. The most current version of this Agreement is available at: https://yandex.ru/legal/metrica_termsofuse.

1.6. All claims related to the use/inability to use the Service, as well as in connection with the content of the Service, should be sent via the feedback form available at: https://yandex.ru/support/metrika/troubleshooting.xml.

2. Rights and Obligations of the User

2.1. When using the Service, the User shall comply with the following conditions and restrictions:

  • have a Yandex login, place the web counter code on their website / obtain an API key and integrate the library into the mobile application, unless otherwise required by the functionality of the Service;

  • not delete or change links to Yandex resources contained in the web counter code/library;

  • not install the web counter code on websites / not integrate the library into mobile applications that do not comply with the requirements of clause 5 of the User Agreement for Yandex Services;

  • not change / modify in any way the web counter software code / library code obtained through the Service, except for changing the parameters of the User’s website / User’s mobile application;

  • not use any automatic programs or devices to register on Yandex and/or to obtain the web counter code / library, with the exception of programs that work using the Service API;

  • ensure that visitors to the User's website / end users of the User's mobile application are provided with information about the processing of their data in connection with the use of the Service by the User. The information should be provided in a concise, understandable and easily accessible form. Where required by applicable law, the User is also obliged to obtain the relevant consents from visitors to the User's website / end users of the User's mobile application;

  • comply with all provisions of this Agreement and requirements of applicable law on the protection of personal data, correspondence of visitors to the User's website / end users of the User's mobile application, as well as other information, access to which is restricted in accordance with applicable law, and which may be recorded when using the Service.

2.2. The User shall warrant and represent that:

(a) Any integration of the library into a third-party application shall be legal and permitted under all applicable laws, regulations and contractual obligations;

(b) the User has obtained all necessary rights, licenses, consents and permissions from the owner of such third-party application required for the integration of the mobile library, including the terms of processing personal data;

(c) the User shall indemnify and hold Yandex harmless from any claims, liabilities, or losses arising from the User's failure to fulfill the above obligations.

2.3. The Users shall be responsible for the security of their login, password, and API key themselves and are not allowed to transfer or provide them to third parties. All actions performed on the Service using the login, password and API key belonging to the User shall be deemed to have been performed by the User. In this case, the User has the right to transfer rights to the web counter to a third party by using the relevant functionality of the Service or by contacting the Service support team.

2.4. The User shall be entitled to grant third parties access to the web counter data (including reports and dashboards) by using the relevant functionality of the Service or, if this is not possible, by contacting the Service's support team. The ability of third parties to use the web counter depends on the access level set by the User. The User shall remain responsible for any actions of such third parties as for the User's own actions.

2.5. The User shall be solely responsible to third parties for their actions when using the Service, and shall also guarantee that their actions comply with the requirements of the law and do not violate the rights and legitimate interests of third parties. The User shall settle all claims of third parties related to the User's actions while using the Service independently and at its own expense.

2.6. In case the set of data transferred to the Service, represents an item subject to intellectual or other rights, for the purposes of proper provision of the Service, the User shall grant Yandex the right to use such data, under a simple (non-exclusive), royalty-free, worldwide license for the entire term of the exclusive right, with the right to sublicense, and without any additional payments, as well as reporting on the use, in all ways provided for by applicable law, including, but not limited to: retrieving, searching, processing, analyzing, reproducing, distributing, converting, technically integrating, combining, associating and/or comparing with any data and/or information belonging to Yandex and/or in Yandex's possession, as well as performing other actions not prohibited by this Agreement, the Regulating Documents and/or by applicable law.

2.7. The User is hereby notified and agrees that, after completing the necessary registration procedures in the Service, the User shall be entitled, on a one-time, free of charge basis, to use the additional web counter setup function and obtain a web counter code / API key for placement on the User's website or submit a request to improve the current filter/target/segment settings for a previously independently configured web counter by filling out and submitting a questionnaire (brief), which specifies all the necessary information for setup according to the form posted on one of the following pages:

https://yandex.ru/promo/freeservice/metrica,

https://yandex.ru/promo/freeservice/retargeting,

https://yandex.ru/promo/direct/rsya,

https://yandex.ru/promo/direct/freeservice.

The User hereby acknowledges and agrees to changes to the Metrica counter in accordance with the completed questionnaire (brief). The User shall be solely responsible for the accuracy, security, and confidentiality of the entered data, including login and password. Yandex shall reserve the right to refuse the User's request, suspend or terminate the web counter setup, and shall notify the User thereof by email.

3. Limitation of Liability

3.1. The Service (including information obtained through its use) is provided by Yandex on an "as is" basis. Yandex shall not guarantee the compliance of the Service with the goals and expectations of Users, the uninterrupted and error-free operation of the Service as a whole, the web counter installed on the User's website and/or the library integrated into the User's mobile application, in particular, and shall not guarantee the accuracy of the information received through the Service. Yandex shall not be liable for and shall not compensate for any losses, direct or indirect, caused to the user of the Service or third parties as a result of the use or inability to use the Service, the User's web counter and/or the library integrated into the User's mobile application, the User's interaction with the Service support team, including in cases of placing the web counter on the User's website, integrating the library into the User's mobile application, setting up the web counter on the User's website and/or the library integrated into the User's mobile application by the Service support service, as well as as a result of the use or inability to use information obtained through the Service.

3.2. Yandex shall not guarantee that the placement of a web counter on the User's website/integration of a library into the User's mobile application, the collection, processing, and transfer of said information to Yandex does not violate the laws of the User's location. The User shall place the web counter on the User's website / integrate the library into the User's mobile application and use the Service at their own risk, and shall be solely responsible for all their actions related to the use of the Service, including the placement of the web counter / integration of the library, the collection and use of the specified information by the User.

3.3. Yandex shall be entitled to terminate or suspend a user's access to the Service, in particular, in the event of a violation by such user of the provisions hereof. Yandex shall be entitled to change the technical specifications, individual elements, functionality and/or the procedure for using the functions of the Service, as well as add, delete and/or make changes to technical roles and fields in the Service, including those necessary to maintain or improve the operation of the Service.

4. Specific functional features of the Service

4.1. Webvisor function

4.1.1. The User is hereby notified and agrees that upon enabling the Webvisor function, from the moment the web counter is installed on the pages of the User's website, the Service provides the User with the functionality to automatically record visit sessions made by visitors to the pages of the User's website (hereinafter referred to as "Visit Sessions"). Yandex shall not make such Visit Session records publicly available and shall not provide such Visit Session records to third parties, except for those to whom the User has independently granted access to such records.

4.1.2. The User shall independently and at its own risk enable the Webvisor function and determine the amount of information on the User's website pages that is recorded by the web counter. By using this function, the User shall not be entitled to collect passwords of visitors to the User's website, financial information of such persons, as well as data directly identifying these persons (in particular, names, postal addresses, etc.) without obtaining special consent from such persons to use their data. The above consents shall comply with all requirements of the applicable laws.

4.1.3. The User is entitled to mark individual fields on the User's website pages with a special CSS class https://yandex.ru/support/metrica/webvisor-v2/settings.html#record-field (within the HTML code of the website pages) to prevent data entered by third parties (visitors to the User's website) from being recorded by the web counter when recording Visit Sessions. The User shall decide independently and at its own risk on the selection of fields for such marking and be solely responsible for recording data in fields not provided with such a mark.

4.2. Data Transfer function

4.2.1. The User is hereby notified and agrees that by using the following functions "Visitor Parameters", "Event Parameters", "Visit Parameters", "Offline Data Tracking", "CRM Data Transfer", "Advertising Campaign Data Transfer", "Advanced Matching" (hereinafter referred to as the "Data Transfer Functions"), which involve the User transferring data to the Service via the API and/or otherwise using the functionality of the Service, the User is given the opportunity to transfer to the Service additional data about visitors to the pages of the User's website or about its customers (hereinafter referred to as the "User Data"). Yandex does not place User Data in the public domain or provide User Data to third parties. When starting to use the Data Transfer Functions, the User shall guarantee that, if the User Data is an item subject to intellectual or other rights, then the User has obtained all the necessary rights and consents to grant Yandex the rights to use the User Data, and that Yandex's use of the User Data in accordance with these Terms and Conditions does not violate the rights of third parties, including, but not limited to, intellectual property rights.

4.2.2. When using the "Order Management" function as part of the "Advanced Matching" function, the User can automatically transfer the following User Data to the Service: masked phone numbers, masked email addresses of visitors to the pages of the User's website, as well as transmit the following information about orders on the User's website, including, but not limited to: full name, phone number, email address, order amount. The "Order Management" function provides the User with the opportunity to correlate automatically transmitted data with order data on the User’s website.

4.2.3. When using the "CRM Transfer Data" and "Chat Import" functions, the User can transfer to the Service information about the User's customers from CRM with which the Service integration is configured, as well as information about the interaction of the User with its customers in instant messaging apps.

4.2.4. When using Data Transfer Functions, the User undertakes to:

(a) When generating User Data, obtain all necessary consents and permits as required by applicable law, from persons whose data is part of User Data, for the use and processing of data, including, but not limited to, data on their interests and online behavior, the use of such data as part of the User Data, as well as the use and processing of such data by Yandex, its affiliates and/or the User. The User also undertakes to notify persons whose data is included in the User Data of the aforementioned use and processing to the extent required by applicable law;

(b) Not to include in the User Data any data, information and/or materials that violate the rights of visitors to the User’s website and/or third parties (including, but not limited to, intellectual property rights), or containing malicious and/or spyware codes.

(c) Bear full responsibility for compliance with the provisions of applicable law and the rights of third parties (including, but not limited to, personal data and intellectual property laws), releasing Yandex, its subcontractors, employees, partners and/or counterparties from any claims by third parties (including visitors to the User's website, customers and clients of Yandex, as well as competent government bodies) with respect to User Data.

4.3. Special settings

4.3.1. The User acknowledges and agrees that when the "Limited Mode" setting is enabled in the web counter settings, the Service collects and transmits to the User a smaller amount of data about visitors to the User's website. In Limited Mode, some functions of both the Service and other Yandex services used by the User and which may use Service data may be unavailable or partially unavailable.

4.3.2. The User acknowledges and agrees that if the "Allow optimization by targets in advertising campaigns without access to the web counter" setting is enabled on the page with the list of targets, any third party, including those without access to the web counter, can set up an advertising campaign in the Yandex Direct service (https://direct.yandex.ru) and the Advertising Subscription from Yandex Business (https://business.yandex.ru), using targets of the User's web counter for optimization. In this case, the web counter's targets and the portion of the web counter's statistics necessary to evaluate the effectiveness of the relevant advertising campaign in the Yandex Direct service and the Advertising Subscription from Yandex Business will be disclosed to the said third party.

4.3.3. The User acknowledges and agrees that when the "E-Commerce" setting is enabled, information about the actions of visitors to the User's website / end users of the User's mobile application related to e-commerce (in particular, data on views, purchases, additions to cart, etc.) is transmitted to the Service. This setting makes it possible to increase the effectiveness of advertising campaigns in the Yandex Direct service and may be necessary for the corresponding automatic targets in the specified service. The User shall be entitled to disable the setting using the corresponding functionality of the Service.

4.3.4. The User acknowledges and agrees that when the "Allow vendors to use e-commerce events for their advertising" setting is enabled, data from the Service on e-commerce events for products (product views; adding products to cart; transaction date and time; order amount; yclid (UTM tags) and other data) may be disclosed to third parties, including those without access to the web counter, for the purpose of optimizing their advertising campaigns in the Yandex Direct service.

4.3.5. The User acknowledges and agrees that, when the "Automatic Targets" setting is enabled, additional data specified by a specific Automatic Target may be collected in the Service. This setting makes it possible to increase the effectiveness of advertising campaigns in the Yandex Direct service and may be necessary for the corresponding automatic targets in the specified service. The User shall be entitled to disable the setting using the corresponding functionality of the Service.

4.3.6. The User acknowledges and agrees that, when the "Allow use of web counter data for surveys and feedback collection" setting is enabled, data about the User's website visits may be used for surveys and feedback collection within Yandex services. The User guarantees that there are appropriate legal grounds for such use of data by Yandex, as well as notifying website visitors about the processing of their data (if applicable).

4.3.7. The User acknowledges and agrees that if the setting for transferring data to a third-party service is enabled in the web counter settings or if the User otherwise expresses its intent to transfer data, the Service will transfer data about visitors to the User's website and other information collected by the web counter to the relevant third-party service. The name of the relevant third-party service and the purposes of data transfer are displayed in the specified setting or specified by the User when expressing such intention. This functionality is available only to users who are partners of the corresponding third-party service. The third-party services for which the specified functionality is available shall be determined at Yandex's discretion, taking into account technical capabilities, including automatic data transfer.

4.3.8. The Service provides the ability to use third-party code / pixels to collect website traffic data, as well as to use other functionality of the Service by placing a third-party code / pixel on the User’s website in accordance with clause 1.3 hereof and integrating with the Service. The ability of using third-party code / pixels to collect data is determined by the technical capabilities of integrating such code / pixels with the Service. Yandex shall not be obliged to provide such integration and shall not be responsible for its quality. Data collection using third-party code / pixels shall be governed by the terms of use of the relevant code / pixel and the provisions hereof. When using third-party code / pixels, some of the Service's functionality may not be available to the User. When using third-party code / pixels, the User represents and warrants that the User has all necessary legal grounds for transferring data from the third-party service to the Service (if applicable).

4.3.9. The User acknowledges and agrees that when the "Market Averages" setting ("Access market reports") is enabled, the Service reserves the right to collect and transmit to other Users with this setting enabled aggregated information on key indicators from the web counters of Users with the setting enabled (e.g., visits, time spent on the website, visit depth, etc.). When launching an advertising campaign in the Yandex Direct service with the "Market Average" setting enabled, aggregated information on conversions from web counters for a specific category of Users may be provided to the relevant advertiser.

4.3.10. The User acknowledges and agrees that when the "Public access to web counter" setting is enabled, the web counter data, as well as the User's login, will be accessible to any third parties. If the specified setting is enabled, the User shall bear all risks associated with such enabling and shall be responsible for compliance with legal requirements.

4.3.11. The Service may provide the User with the opportunity to take advantage of the official integration of the User's web counter with another Yandex service. The User acknowledges and agrees that, in order to provide such integration, Yandex may use information from the User's account in another Yandex service (including comparing it with the User's data in the Service and displaying it in the Service), as well as process the User's login and other data necessary for integration for this purpose (including transferring data to affiliates).

5. Personal Data and Confidentiality

5.1. The User acknowledges and agrees that the web counter installed on the User's website / library integrated into the User's mobile application collects data on visits to the User's website / data on the end user's device and on their use of the User's mobile application, and automatically transfers it to Yandex to obtain statistical information available for further use through the Service by both the User and Yandex.

5.2. The User hereby acknowledges and agrees that Yandex has no knowledge and cannot know what information is contained in the data recorded by the web counter on the pages of the User's website / library in the User's mobile application, as well as what information is recorded during the recording of Visit Sessions and stored in the temporary records of such Visit Sessions. Yandex cannot determine whether the information in such records contains correspondence and other information of third parties restricted from receipt, processing and distribution (hereinafter referred to as the "Confidential Information"). The Service operates completely automatically, does not analyze the content and meaning of information posted on pages / in the mobile application or entered by visitors into fields on pages / in the mobile application, but records it entirely, regardless of its content. Yandex does not perform any modifications to the data recorded by the web counter / library, including records of Visit Sessions, and does not carry out any targeted actions to collect, receive, process and distribute Confidential Information of visitors to the User's website / end users of the User's mobile application, as a result of the use of the Service by the User. In view of the above, the User hereby acknowledges that as a result of using the Service, the User may gain access to Confidential Information. Therefore, the User shall be obliged not to undertake any deliberate actions aimed at obtaining such Confidential Information, and to the maximum extent possible shall also comply with all requirements of applicable laws regarding the collection, processing and protection of personal data and other Confidential Information obtained through the use of the Service, and shall independently bear all risks associated with the receipt of such Confidential Information and shall be liable for non-compliance with legal requirements.

5.3. Yandex shall consider all data collected and stored by the Service to be the User's personal data and confidential information, and in cases stipulated by applicable law, to be the User's commercial (trade) secret. Yandex undertakes, unless otherwise provided by applicable law or the Agreement, to keep data confidential and not to transfer such data to third parties (except for entities within the same group as Yandex), except in cases where the User has authorized such transfer or has independently authorized access to the data for third parties. Aggregated counter data that does not reveal specific readings from the User's web counter may be used by Yandex at its discretion, including for commercial purposes.

5.4. With respect to the personal data of visitors to the User's website (in particular, information about activity on the User's website, cookies, data about the device, operating system and its version, and other data transmitted during the use of the Service), as well as end users of the User's mobile application, the User is the personal data controller, and Yandex is a person acting on behalf of the personal data controller within the meaning of Part 3 of Article 6 of Federal Law No. 152-FZ "On Personal Data" dated July 27, 2006, and other applicable laws in the field of personal data.

5.4.1. The User represents and warrants that the User has ensured the legality of the processing of personal data of website visitors/end users of the User's mobile application by Yandex and its affiliates in accordance with the requirements of Federal Law No. 152-FZ "On Personal Data" dated July 27, 2006, and other applicable laws in the field of personal data, including the existence of a proper legal basis for the transfer of personal data to Yandex and its affiliates and the subsequent processing of personal data by Yandex and its affiliates, as well as proper notification of data subjects of such processing.

If the User discloses to Yandex the personal data of visitors to the User's website from the United Arab Emirates, the User acknowledges and agrees that additional identifiers may be generated for such website visitors. Such identifiers may be processed by Yandex for the purpose of displaying personalized advertising to such website visitors, including being transferred to Yandex partners. The User shall be obliged to ensure that there are sufficient legal grounds for such processing in accordance with the terms of this clause.

5.4.2. The User shall respond to requests from data subjects and regulatory authorities regarding the processing and protection of personal data within the framework of this Agreement.

5.4.3. Yandex, its affiliates, and the User are obliged to ensure the security and confidentiality of personal data of visitors to the User's website received from the other party, including the implementation of applicable measures specified in Part 5 of Art. 18, Art. 18.1, 19 of the Federal Law No. 152-FZ "On Personal Data" dated July 27, 2006. For the avoidance of doubt, personal data received from the User shall not be used to obtain an advantage by Yandex services over other services providing similar functionality.

5.5. The User shall, within a reasonable time from the moment of receipt of the relevant request from Yandex, provide Yandex with sufficient information and (or) documents confirming the fulfillment of the warranties and representations specified in clause 5.4.1 of the Agreement: the fact of obtaining the consent of data subjects to the processing of their personal data, or the existence of other sufficient legal grounds for the processing of the subjects' personal data and the fact of proper notification of data subjects about the processing. Yandex and the User shall determine the composition and content of the information and (or) documents provided, taking into account the requirements of applicable laws, as well as observing the rights and legitimate interests of personal data subjects, Yandex, the User and other persons.

5.6. At the User's request, Yandex shall be obliged to provide documents and other information confirming that it has taken measures and complies with the requirements set out in clause 5.4.3 of the Agreement.

5.7. Yandex shall notify the User without undue delay of any incidents that occurred due to Yandex's fault, as provided for in part 3.1 of Art. 21 of the Federal Law No. 152-FZ "On Personal Data" dated July 27, 2006. However, notifications and provision by Yandex to the User of the specified information and support will under no circumstances be construed by the Parties as an acknowledgement or confirmation of Yandex's liability. In any case, the maximum amount of Yandex's liability for losses caused to the User as a result of such cases is limited to RUB 10,000.00 (ten thousand rubles).

5.8. The User hereby acknowledges and agrees that visitors to the User's website may prohibit the collection of data about their visits to the User's website and the recording of their Visit Sessions using the Service, including by using the Yandex Metrica Blocker browser extension. The User shall inform visitors to the User’s website about the possibility of using the specified browser extension.

6. Additional Services

6.1. The Varioqub service is provided in accordance with the Varioqub Terms of Use, available at: https://yandex.ru/legal/varioqub/?lang=ru. By starting to use the Varioqub service, the User accepts and agrees to the above terms and conditions.

Terms of Use of the Yandex Tag Manager functionality.

1. The functionality of the Yandex Tag Manager service may contain templates posted by Yandex or third parties (hereinafter referred to as the "Catalog"). For the purposes of these terms, Template means any result of intellectual activity (including, but not limited to, texts, images, software, including HTML code) and/or other materials posted in the Catalog in accordance with the Catalog rules. When using the Yandex Tag Manager functionality, the general Terms of Use for Yandex Metrica and AppMetrica shall apply, taking into account the specifics of this Section. Yandex Tag Manager functionality is provided by Yandex LLC to all Service Users.

2. When using the functionality of the Yandex Tag Manager service, the User acknowledges and agrees that:

2.1. the User shall use the functionality of the Yandex Tag Manager service at its own risk;

2.2. the functionality of the Yandex Tag Manager service is provided on an "as is" basis, Yandex shall not provide any guarantees regarding security, errors, compliance with the User's expectations of any of the templates;

2.3. Yandex shall not be liable and shall not compensate for any damage, direct or indirect, caused to the User or third parties as a result of the use or inability to use the functionality of the Yandex Tag Manager, and also as a result of the use or inability to use the information obtained through the functionality of the Yandex Tag Manager.

3. By using the Catalog, the User hereby warrants that:

3.1. The User has all necessary rights to use the Catalog and templates, including posting the templates on the User's website;

3.2. The User will not use the Catalogs, will not allow the Catalog or templates to be used by third parties to engage in illegal activities, including activities that violate intellectual property rights; to interfere with the operation of Yandex services; to collect and process personal data.

4. When the User starts using Templates of other Users, the User receives a simple (non-exclusive) license to use the intellectual property rights contained in the Template within the functionality of the Yandex Services, including the right to reproduce the Templates on the User's websites worldwide without charging any fees, unless otherwise specified in the description of the Template or in a separate license agreement provided by the User (who is the right holder of the Template).

4.1.1. If the User who owns the rights to the Template has provided its own license agreement or terms of use for the Template in the description of the Template or as part of the Template files, the User who wants to use the Template agrees to comply with such agreement or terms of use in addition to the Terms and Conditions.

4.1.2. Yandex shall not be liable for Users' compliance with license agreements or terms of use of Templates posted by other Users.

4.2. The Users shall warrant that they have all necessary rights and permissions to use the Templates and grant licenses to Yandex and other users as specified in this section.

When using the functionality of Yandex Tag Manager, the provisions of clause 5.4 of these Terms of Use shall not apply. Yandex Tag Manager provides the technical capability to place a Template on the User's website, which, among other things, can be used to collect and transmit information, including personal data of visitors to the User's website, to the Template's right holder. The User acknowledges and agrees that Yandex does not have access to the data collected by the Templates, and that any relationship regarding the processing of such data must be settled with the Template's right holder.

7. Conditions for individual jurisdictions

Terms of the Agreement for Users whose personal data processing is subject to the GDPR and/or Swiss or UK data protection laws

1. If the General Data Protection Regulation (GDPR) and/or Swiss or UK data protection laws apply to the processing of personal data of visitors to the User's website / end users of the User's mobile application, the Agreement shall constitute an offer to conclude a contract for the use of the Service of Air Smart Advertising Solutions FZ-LLC (hereinafter referred to as "Yandex"), and the terms of this section shall apply to the relations between the parties. In the event of a conflict between the terms of this Section and other provisions of this Agreement, the terms of this Section shall prevail.

2. The Agreement and the relations between Yandex and the User arising in connection with the use of the Service shall be governed by the law of the Netherlands. Throughout the text hereof, unless expressly stated otherwise, the term "law" shall mean both the law of the Netherlands and the law of the place of the User's location.

3. Clause 2.7 of the Agreement shall not apply to the User.

4. With regard to the personal data of website visitors / end users of the User's mobile application, the Data Processing Agreement (DPA), available at: https://yandex.com/legal/metrica_agreement shall apply. In the event of a contradiction between the terms of the DPA and the Agreement, the DPA shall apply.

5. In compliance with Regulation (EU) 2022/2065 (DSA), Yandex representative within the European Economic Area (EEA) is EU Digital Partners SRL, a legal entity, incorporated under the Romanian law, registered at the address: 5 Chilia Veche Street, Building TD 17, 36, postal code: 061741, Bucharest, Romania, email: team@eudigitalpartners.com. Based on the nature of our service, we do not moderate the content.

Terms and Conditions of the Agreement for Users to whom the CCPA applies regarding the processing of personal data

1. If the California Consumer Privacy Act (CCPA) apply to the processing of personal data of visitors to the User's website / end users of the User's mobile application, the Agreement shall constitute an offer to conclude a contract for the use of the Service of Air Smart Advertising Solutions FZ-LLC (hereinafter referred to as "Yandex"), and the terms of this section shall apply to the relations between the parties. In the event of a conflict between the terms of this Section and other provisions of this Agreement, the terms of this Section shall prevail.

2. Yandex shall process relevant personal information of visitors to the User's website / end users of the User's mobile application collected through the Service ("Personal Information") on behalf of the User.

3. The User shall disclose Personal Information to Yandex for business purposes.

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

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

6. Yandex shall not further collect, sell or use Personal Information, except in cases where it is necessary for business purposes.

7. Yandex is prohibited from:

  • selling Personal Information;

  • storing, using or disclosing Personal Information for any purpose other than the specific purpose of providing the Service to the User, including storing, using or disclosing Personal Information for commercial purposes other than providing the Service to the User;

  • storing, using or disclosing Personal Information outside of the direct business relationship between Yandex and the User. Yandex confirms that Yandex is aware of the relevant restrictions and will comply with them.

8. Yandex applies and maintains reasonable security procedures and practices appropriate to the nature of the information to protect 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 shall be responsible for ensuring that its use of the Service complies with such laws and regulations and for providing all necessary notices and obtaining all necessary consents required for its use of the Service.

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

11. Yandex may collect anonymized or aggregated data and use it for its own purposes.

Terms and Conditions of the Agreement for Users to whom the COPPA applies regarding the processing of personal data

1. If the Children's Online Privacy Protection Act (COPPA) apply to the processing of personal data of visitors to the User's website / end users of the User's mobile application, the Agreement shall constitute an offer to conclude a contract for the use of the Service of Air Smart Advertising Solutions FZ-LLC (hereinafter referred to as "Yandex"), and the terms of this section shall apply to the relations between the parties. In the event of a conflict between the terms of this Section and other provisions of this Agreement, the terms of this Section shall prevail.

2. Yandex shall collect and store the relevant personal information of visitors to the User's website / end users of the User's mobile application ("Personal Information") on behalf of the User.

3. The User shall represent and warrant that the User is solely responsible for and will comply with all applicable laws and regulations.

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

5. The User shall be obliged to fully indemnify Yandex for any breach of its representations and warranties under the Agreement.

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

7. Yandex may collect anonymized or aggregated data and use it for its own purposes.

8. Yandex shall assure the User that Yandex takes reasonable measures to ensure the confidentiality, security, and integrity of Personal Information collected or stored by Yandex on behalf of the User.

9. The User shall be entitled to periodically verify, by requesting and reviewing documents confirming Yandex's compliance with ISO/IEC 27001 or another relevant information security standard adopted by Yandex at its sole discretion, whether Yandex maintains the confidentiality and security of Personal Information.

10. Yandex may, at its sole discretion, limit or terminate the provision of the Service to the User if Yandex receives reliable information that the User's website / mobile application is intended for children or otherwise collects Personal Information from children under 13 years of age, and promptly delete any such information.

11. Yandex may be informed that the Service collects Personal Data from users of an application intended for children, or that the Service collects Personal Data from children through an application for a general audience, through the following form: https://appmetrica.yandex.com/docs/troubleshooting/feedback-new.html.

Terms and Conditions of the Agreement for Users who are legal entities incorporated in accordance with the laws of Turkey or who are residents of Turkey

1. The Agreement on the Use of Yandex Metrica and AppMetrica is concluded with Büyük Reklam Çözümleri Limited Şirketi (Halaskargazi Mah. Halaskargazi Cd. No:38-66/E İç Kapı No:215 Şişli/ İstanbul) with the exception of the Terms of Use of the Yandex Tag Manager Functionality.

2. The use of the Service by the User shall be governed by the Privacy Policy posted at: https://yandex.com.tr/legal/privacy_policy/tr.

3. All other terms and conditions of this Agreement shall remain unamended.

4. The Varioqub Terms of Use for residents of Turkey are available at: https://yandex.com.tr/legal/varioqub/tr/. By starting to use the Varioqub service, the User accepts and agrees to the above terms and conditions.

Date: 29.12.2025

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