User agreement of the Declarator service
Version 1.2 from March 31, 2021
1. General provisions
1.1. Autonomous non-profit organization “Centre for anti-corruption research “Transparency international-R” (ANO “Centre "TI-R”) offers to the internet user (hereinafter the “User”) a service, https://declarator.org/ (hereinafter, “the Service”), under the conditions described in the present Agreement (hereinafter, the “Agreement”). This agreement is mandatory for the User from the moment the User agrees with the conditions below in accordance with the procedure described in the §1.5 of the Agreement.
1.2. ANO “Centre “TI-R” provides the User access to the Service which contains publicly available data on public officials (hereinafter, the “Persons”), coming from open public sources, including but not limited to: information on income and property, published according to anti-corruption legislation; information on income and property of candidates for elected offices; information on average monthly salaries. The Service allows for the use of search filters in order to show all declarations of the Person(s), specific declaration of the Person(s) or specific brands of vehicles belonging to the Person(s).
1.3. The use of the Service is regulated by the present Agreement and by the Confidentiality Policy according to the section 3 of the present Agreement.
1.4. Unpaid volunteering activities of the User are regulated by the Public offer of contract of volunteer help (https://declarator.org/accept/).
1.5. The present Agreement may be amended by the Autonomous non-profit organization “Centre TI-R” without any prior notice, the new version of the Agreement entering into force from the moment it has been published at the URL specified in this article, unless otherwise foreseen by the new version of the Agreement. The current version of the Agreement is published at the URL https://declarator.org/agreement.
1.6. From the moment a User starts to use the Service and completes the sign-up procedure he is deemed to have full knowledge of the terms of the Agreement, accepts them fully without any reserves or exceptions and commits to respect them. If the User disagrees with any of the terms of the present Agreement, he is not entitled to use the Service. In a case where the ANO “Centre “TI-R” has amended the Agreement in accordance with §1.4 and the User disagrees with the new terms, the User must stop using the Service.
1.7 This Agreement, as well as any disputes concerning the use of the Service and its contents, are regulated by the Russian Federation law. ANO “Centre "TI-R” does not guarantee the conformity of the Service contents with the laws of other countries. When accessing the Service, the User is fully responsible for complying with the law of the country browsing of the Service.
2. Registration of a new User. User account.
2.1. In order to begin using the Service, the User must go through a registration procedure, during which an account will be created for the User.
2.2. In order to register, the User must provide valid personal information (First name, last name, e-mail address) and maintain this information up to date.
2.3. When registering to use the Service, the User provides the Autonomous non-profit organization “Centre “TI-R” with his/her agreement on processing his/her personal data mentioned in §2.2 Of the Agreement. From the moment of creation of the User’s account on the Service, the Autonomous non-profit organization “Centre “TI-R” is granted the right to process User’s personal data in accordance with section 3 of the Agreement.
2.4. The User accesses his/her personal account using the information he typed in the system through the registration form or using his/her account on third-party websites (social networks) chosen during the registration process.
2.4.1. When registering, the user may either choose a login (unique username composed of characters) and a password to access his/her account himself, or use information of his/her accounts on third-party services (social networks). ANO “Centre “TI-R” may prohibit the use of some specific words as usernames and set requirements for the username and password (length, allowed symbols etc.).
2.4.2. The User may set his/her username (login) anytime, it will accompany the User’s comments written while he uses the Service.
2.4.3. After the User logs in to his/her account, his/her data can be automatically saved by the browser used on the device until the end of the Users session in his/her account without need for entering his/her login details again at each use of the Service.
2.5. The User bears his/her sole responsibility for the safety of the means he uses to access his/her account and personally ensures their confidentiality.
2.6. The User must immediately inform the ANO “Centre “TI-R” of any unauthorized access (without approval by the User) to the Service, using the User’s account, and/or any case of breach of confidentiality of their means of access to their account or suspicion thereof. In order to ensure their account’s safety, the User must personally make a safe end of session (by pressing “Disconnect”) every time he finishes his/her work session in the Service.
2.7. Use of personal account. The User has the right to reproduce, broadcast, copy or use for any personal non-commercial need any parts of the Service without written permission from ANO “Centre “TI-R”, on the condition of citing the site https://declarator.org/ as the source. The User has no right to sale or resale or to make a commercial use of any part of the Service.
2.8. The User may send a request to remove his/her account by sending an email to the electronic address firstname.lastname@example.org from the email address used for registration on the Service or from the third-party account used for authorization on the Service. If the account is deleted, ANO “Centre “TI-R” reserves the right to keep the User’s identification number.
2.9. ANO “Centre “TI-R” may send its Users electronic information messages related to the functioning of the Service. When registering, the user may agree to join ANO “Centre “TI-R” mailing list.
2.10. The User is personally responsible towards third parties for his/her activities related to his/her use of the Service.
3. Confidentiality policy
3.1. The relationship between the parties regarding the processing of Users’ personal data and information on Service’s Users are regulated by the present agreement, by other official documents of ANO “Centre “TI-R” and by current Russian law.
3.2. Personal data is processed in order to fulfill the obligations of ANO “Centre “TI-R” towards its Users regarding their use of the Service.
3.2.1. Personal data is understood as any information directly or indirectly related to a specific physical person (personal data subject) that may be used to identify that person or a relationship with that person.
3.2.2. Users’ personal data are processed with the personal data subject’s consent to process his/her personal data.
3.2.3. The processing of User’s personal data is carried out without limitation in time, by any lawful means, including in personal data information systems with or without the use of means of automation.
3.3. Personal data of the Users are stored on electronic media only and processed with the help of automated system except for the cases where unautomated processing is necessary to fulfill legal obligations.
3.4. ANO “Centre “TI-R” also collects personal data which is depersonalized, i.e. does not allow to establish direct association with a specific person. Collect, use, transfer and disclosure of depersonalized data may be carried out for any purpose. Below are listed several possible examples of depersonalized data collection and use by ANO “Centre “TI-R”:
Source of the link the User has used to connect to the Service, particular behaviors of the User on the Service, number of pages viewed on the Service. Such data are depersonalized, and thus do not fall under personal data. Such data is collected for a better understanding of the kind of information Users of the Service are interested in and for improving the quality of the content.
3.5. The Service, e-mail messages, and any other communications coming from the ANO “Centre “TI-R” may contain identifying cookie-files and other technologies such as pixel tags, web beacons).
ANO “Centre “TI-R”” automatically collects the following and keeps in statistics files: IP-address, internet browser type and language, internet service provider information, source page and page browsed after exiting, information on operating system, date and time stamps, information on visits.
3.5. Personal data of the Users are not transferred to third parties except in cases foreseen in the present Agreement.
3.5.1. User’s personal data may be transferred to state bodies of the Russian Federation only on grounds and under procedure envisioned by Russian law.
3.5.2. ANO “Centre “TI-R” may find itself under obligation to disclose User’s personal data, in accordance with law, judiciary regulations, lawsuit, and/or on the basis of public request or request from state bodies on the territory or outside the territory where the User is located.
3.6. ANO “Centre “TI-R” takes the necessary precautions, including legal, organizational administrative, technical and physical measures, to protect personal data of the Users from unlawful or accidental access, destruction, modification, blocking, copying, publishing or any other unlawful action by third party, in accordance with art. 19 of the Federal law no. 152-FZ of July 27th, 2006 “On personal data”.
3.7. Users may send requests to ANO “Centre “TI-R”, including requests regarding to use of their personal data or withdrawal of consent to use their personal data, in writing to the address email@example.com. ANO “Centre “TI-R” commits to examine the request and give an answer within 30 days from receiving the request.
3.8. For any other matters not explicitly addressed in the present Agreement, ANO “Centre “TI-R” commits to follow the standards and regulations set by the Federal law no. 152-FZ of July 27th, 2006 “On personal data”.
4. Exclusive right to Service elements and content
4.1. All objects, available through the Service, including design elements, text, graphics, picture, illustrations, computer programs, databases and other objects (hereinafter referred to as elements of the Service) and any content located on the Service are exclusive property of ANO “Centre “TI-R”, the Users and other respective rightsholders.
4.2. The Users have the right to leave comments and upload content to the Service in accordance with the Public offer of contract of volunteer help (https://declarator.org/accept/). From the moment such comments and content are uploaded on the Service, ANO “Centre “TI-R” is granted a non-exclusive right to use such content.
4.3. The User is responsible for the comments and the content uploaded on the Service. The User is responsible for the respect of third parties rights while commenting or uploading the content on the Service.
4.4. While using the Service the User has to withhold from (a) the violation or infringe the intellectual property rights or other rights; (b) the illegal, obscene, defamatory, threatening, intimidating, harassing, hateful conduct; (c) the publishing falsehoods, misrepresentations or misleading statements.
4.5. ANO “Centre “TI-R” has the right to delete any comments or content uploaded by the User without explanation or notification of the User.
4.6. The use of the content or any other elements of the Service is allowed only within the functions provided by the Service. Any elements or any content of the Service may be reproduced, repeated, copied or used for any personal non-commercial need without written permission from ANO “Centre “TI-R” on the condition of citing the site https://declarator.org/ as the source. The term “to use” is understood as reproduce, copy modify, broadcast on any media, show in a frame on another web-site, etc.
The utilization of any elements of the service or its content by the User for personal non-commercial purpose is possible on the condition that the User keeps the sign of the copyright and related rights, other mentions of authorship, as well as keeps the intact names or pseudonyms of the authors, or the name of the rights holder. Exceptions are possible where explicitly allowed by Russian law or this Agreement.
5. Absence of guarantee, limited responsibility
5.1. The User uses the Service at his/her own risk. The Service is provided “As is”. ANO “Centre “TI-R” declines all responsibility including for the adequacy of the Service to the needs of the User.
5.2. ANO “Centre “TI-R” does not guarantee that: (a) the Service will be adequate to the needs of the User; (b) the Service will be provide in a continuous, fast and error-proof manner; (c) the results obtained through the use of the Service will be accurate and trustworthy, and could be used for any purpose in any quality (for example, to establish and/or prove any facts); (d) quality of any product, service information etc., obtained with the use of the Service will be adequate to the expectations of the User; (e) the information uploaded on the Service is reliable and matches the reality.
5.3. Any information and/or materials accessed by the User through the Service may be used at the User’s own risk. The User is solely responsible for the possible consequences of the use of such information and/or materials, including any damage it may cause to the User’s computer or third parties, loss of data or any other harm.
5.4. The User is entitled to notify ANO “Centre “TI-R” about any errors or inaccuracies in the information uploaded on the Service. Such notification the User is to submit by the e-mail firstname.lastname@example.org or by the bottom “report”.
ANO “Centre “TI-R” has the right to leave any notification of the User without any answer or examination. Any notification has to be deleted upon the User’s request in writing.
5.5. ANO “Centre “TI-R” can not be held responsible for any financial loss incurred by the User as a consequence of using the Service.
5.6. In any circumstances, ANO “Centre “TI-R”, in accordance with art. 15 of the Civil Code of the Russian Federation, is limited in its liability to the amount of 5000 (five thousand) Russian rubles and may be so liable only if its fault is established by its actions.
6. Other provisions
6.1. The present Agreement represents a contract between the User and ANO “Centre “TI-R” on the arrangements for the use of the Service.
6.2. The present Agreement is regulated by and shall be interpreted according to the law of the Russian Federation. Matters not addressed by the present Agreement shall be resolved according to the law of the Russian Federation. Any possible disputes, arising from the relationship regulated by the present agreement shall be resolved under the procedure foreseen by the law of Russian Federation and in accordance with the law of Russian Federation.
6.3. Nothing in this Agreement shall be construed as the User entering a relationship with ANO “Centre “TI-R” as an agent, partner, fellow, employee or any other kind of relationship not explicitly foreseen in this Agreement.
6.4. If for any reason one or more provisions of the present Agreement are deemed invalid or legally null and void, this does not affect the validity or the applicability of other provisions of the Agreement.
6.5. Inaction on the part of ANO “Centre “TI-R” in case of breach of any provision of the agreement by the User or other users, does not deprive ANO “Centre “TI-R” of its right to take relevant action in defense of its interests at a later time, and does not constitute a renunciation by ANO “Centre “TI-R” of its rights in case the same or a similar breach of rules is committed again in the future.