10-05-2019

I.PREAMBLE

Terms of Use (hereinafter – ToU) provides information on the rules applicable to use of the Websites and Mobile applications published by IDS Borjomi companies and the rules applicable to processing of your personal data.

ToU are not applicable to relationships between IDS Borjomi and the Users related to provision and order of IDS Borjomi goods or Services (the respective information is provided on IDS Borjomi Websites and Mobile applications) and the rules of IDS Borjomi promotions and other marketing events (the respective information is provided with the information on such event).

ToU shall be followed both by IDS Borjomi and the Users. IDS Borjomi retains discretion to amend ToU in part or in full. ToU, its new version and the respective amendments are effective commencing of publication on the Websites/Mobile Applications (hereinafter - Mobile Apps).

By accessing to the Websites/Mobile Apps the Users agree to comply with ToU presented in the version, which is effective at the moment of such access. Please comply with ToU, otherwise please terminate immediately the use of the Websites/Mobile Apps of IDS Borjomi.

The rightholder of all rights related to the Websites/Mobile Apps and the respective Content is IDS Borjomi.

The Websites/Mobile Apps do not contain a comment posting option. To communicate with IDS Borjomi the Users may use the communicating options available on the IDS Borjomi Websites/Mobile Apps for this purpose.

Access to IDS Borjomi Websites/Mobile Apps and the respective Services is provided exclusively for the Users over the age of 16 years-old.

II. GLOSSARY

IDS Borjomi means all companies related to IDS Borjomi International Group.

Websites mean the websites published by IDS Borjomi (list of Websites and Mobile Apps).

Mobile Apps mean those Mobile Apps developed and owned by IDS Borjomi (list of websites and Mobile Apps) and available for downloading on IOS and Android. The Mobile Apps can be used for the following:

• to order IDS Borjomi goods and Services as well as to manage all related issues;

• to provide IDS Borjomi Services, in particular delivery services and provision of necessary equipment;

• to provide all necessary information and support for the Users;

• for the other purposes specified directly in the Mobile Apps.

Service(s) means any service and related functions which are provided by IDS Borjomi in favor of the Users complimentary/for some fees available for order on the Websites/Mobile Apps.

User means any natural person or legal entity gaining access, browsing or visiting the Websites/ Mobile Apps with or without order of the Services.

Use of IDS Borjomi Websites/Mobile Apps means any web-browsing, downloading or any other use of the Content of IDS Borjomi Websites/Mobile Apps, use of the Services provided by IDS Borjomi.

Personal data means the personal data collected via the Websites/Mobile Apps, i.e. the information that directly or indirectly identifies the Users.

Terms of Use means the rules governing use of the Websites/Mobile Apps.

Content means all static and dynamic elements, information, texts, images, audio and video files, databases, trademarks and logos, technical and graphic solutions inserted to the Websites/Mobile Apps.

Cookies mean text files sent from the Websites to the Users’ electronic devices and saved with web-browsers. Such files do not identify the Users, but fix information on their actions related to use of the Websites/Mobile Apps. Such information is collected for improvement of operation of the Websites/Mobile Apps and customization of the respective settings: monitoring preferences of the Users, “auto-fill” option, sharing information in social media, customization of Services to the Users’ preferences, collection of general statistic information on use of the the Websites/Mobile Apps.

III. RIGHTS AND OBLIGATIONS OF THE USERS OF THE WEBSITES/MOBILE APPS

The Websites/Mobile App can be used exclusively for the following purposes:

• to browse-up with the presented Content on goods and Services of IDS Borjomi;

• to order the Services of IDS Borjomi;

• to manage of specifics on the Services of IDS Borjomi;

• to communicate IDS Borjomi with requests, comments, complaints and suggestions sent by messages via feedback form on the Websites/Mobile Apps, and further response from IDS Borjomi;

• for other purposes provided via the Websites/Mobile Apps of IDS Borjomi.

It is illegitimate to use the Websites/Mobile Apps for the other purposes than mentioned above.

The Users are obliged to the following:

• to follow ToU and the legislative provisions of the applicable law;

• to use the Websites/Mobile Apps exclusively for the purposes mentioned hereto;

• not to use in any way the Content of the Websites/Mobile Apps for commercial or non-commercial purposes, not to decompile the Websites/Mobile Apps, not to resort to reverse-engineering, to disassociate or attempts to interfere with the source code of the Websites/Mobile Apps without prior permission of IDS Borjomi;

• not to use the Websites/Mobile Apps for sending any messages of violent, abusive, disparaging nature or those that in any other way infringing the honor, dignity and business reputation of IDS Borjomi or third parties, as well as transmitting unsolicited commercial messages ("spam");

• not to use software to interfere or attempt to interfere in operation of the Websites/Mobile Apps.

 

IV.          COMMUNICATION WITH IDS BORJOMI

The Users may contact IDS Borjomi:

• via sending message (request or complaint) through the feedback form on the Websites/Mobile Apps;

• via calling the hotline numbers on the Websites/Mobile Apps.

To contact IDS Borjomi and get feedback the Users provide IDS Borjomi with the following scope of Personal data: name, surname, middle name, email address, telephone number, city and state of residence. Detailed information on collection and processing of Personal data as well as terms of transfer of Personal data to third parties is provided in the relevant section of the ToU.

It is prohibited to file the following information via the Websites/Mobile Apps:

• any messages of a violent, abusive, disrespectful nature or any other messages, violating of the right to the honor, dignity and business reputation of IDS Borjomi or third parties;

• unsolicited commercial messages ("spam").

In case of sending such messages by the Users IDS Borjomi is entitled not to respond to such messages, as well as to deprive the Users to send such messages to use the feedback option further.

Communication between the Users and IDS Borjomi is processed with technical fixing tools. The records of telephone conversations conducted while use of telephone hotline as well as message exchanged conducted between the Users and IDS Borjomi, are stored by IDS Borjomi to monitor the quality of services as well as to make subsequent changes to goods and Services of IDS Borjomi. The Users own any messages, information and materials sent via feedback forms on the Websites/Mobile Apps.

Feedback forms

There are feedback forms on the Websites/Mobile Apps for communication of the Users with IDS Borjomi.

The Users are entitled to receive complete and comprehensive information in response to messages sent via such feedback forms on the Websites/Mobile Apps within a reasonable period, but no longer than 30 days as of the moment of requesting.

Hotline

There is information on the telephone numbers of free hotlines for communication of the Users with IDS Borjomi.

The Users are entitled to receive complete and comprehensive information in response to request within a reasonable period, but no longer than 30 days as of the moment of contacting IDS Borjomi via the hotline.

V. MESSAGES AND NEWSLETTERS FROM IDS BORJOMI

 

Messages from IDS Borjomi

The Users may receive the following messages from IDS Borjomi:

• responding to the requests or complaints sent via feedback forms on the Websites/Mobile Apps;

• processing the Users’ orders on goods and Services of IDS Borjomi, managing such orders, providing goods and Services of IDS Borjomi.

IDS Borjomi send SMS, emails, messages in messengers, messages in the Mobile Apps.

The Users can manage the option of messages sending with IDS Borjomi Websites/Mobile Apps settings (depending on the functionality and the internal Websites/Mobile Apps settings).

IDS Borjomi also provides newsletters to the Users of the Websites/Mobile Apps with information on goods and Services of IDS Borjomi, promotional and commercial offers for such goods and Services.

Newsletters

Newsletters are sent exclusively to the contacts included to database of the Users’ Personal data previously provided to IDS Borjomi on the basis of consent on the Websites/Mobile Apps:

• via newsletter subscription;

• via order of goods and Services of IDS Borjomi.

IDS Borjomi sends newsletters via SMS, emails, messengers, and messages in the Mobile Apps.

Newsletters content is formed by IDS Borjomi in accordance with the Users’ preferences and based on their profile data.

There is an option to unsubscribe from IDS Borjomi newsletters with following the link inserted to the message with such newsletter.

VI. INTELLECTUAL PROPERTY

IDS Borjomi is an exclusive rightholder of intellectual property rights and the related rights to the Content of the Websites/Mobile Apps (or the rights to use the Content were duly provided to IDS Borjomi by any third parties).

It is prohibited to use the Content for commercial or non-commercial purposes fully or partially in any way (meaning reproduction, representation, adaptation, modification, publication, transmission, misrepresentation, integration to another web-site). If such use of the Content is necessary IDS Borjomi should be requested via the feedback forms on the Websites/Mobile Apps.

In case intellectual property rights to the Content of the Websites/Mobile Apps are violated by any third party IDS Borjomi will take all necessary remedies including court action.

VII. PAYMENTS VIA WEBSITES/MOBILE APPS FOR IDS BORJOMI GOODS AND SERVICES, ORDERS AND MANAGEMENT OF ORDERS

The Users can pay for as well as order and manage the order of IDS Borjomi goods and Services via the Websites/Mobile Apps.

IDS Borjomi processes bank cards payments in strict accordance with the requirements of Visa International and MasterCard Worldwide payment systems. The server of payment corresponds to the requirements of the standard PCI DSS. Confidentiality of the information is ensured with acquirer bank.

If any bank card transaction is included by the security system (Anti-Fraud) to the category of risky operations the respective Users will be communicated by the specialized payment service provider for additional monitoring and successful completion of payment operation related to the goods and Services of IDS Borjomi.

The following categories of the Users’ Personal data are collected and processed by IDS Borjomi for the purposes of payment procedures for goods and Services of IDS Borjomi:

• name, surname, middle name;

• email address;

• mobile telephone number;

• city and state of residence.

Bank cards details (such as cardholder's name, card number, card expiry date and CVV-code) are collected and processed by specialized providers of payment services in the name of IDS Borjomi. Detailed information on collecting and processing of the Personal Data, as well as transferring of such Personal Data to third parties is provided in the respective section of ToU.

It is prohibited to use the Users’ data (including Personal data), which are collected and processes by providers of payment services in favor of IDS Borjomi to operating payment procedures, to disadvantage of bank cardholders. To protect bank cardholders from any disadvantage caused by fraudulent transactions verification procedure is used. When paying for IDS Borjomi goods and Services it is the Users’ decision whether to send the requested data to confirm the use of bank payment card or to refuse the respective transaction.

For any questions on payment, orders or managing the orders of IDS Borjomi goods and Services via the Websites/Mobile Apps please contact the support service at support@ids-borjomi.com. For any questions on collection and processing of Personal data please contact IDS Borjomi data protection personnel at privacy@ids-borjomi.com.

VIII. PERSONAL DATA

IDS Borjomi collect and process the Users’ Personal data for the purposes of due access to the Websites/Mobile Apps as well as provision IDS Borjomi goods and Service to the Users.

Depending on the circumstances of data collection and processing different companies affiliated to IDS Borjomi are controllers and processors of the Users’ Personal data. To receive information on   IDS Borjomi company acting as data controller or processor please send a request to IDS Borjomi data protection personnel at privacy@ids-borjomi.com (the response may be provided exclusively in respect of the requesting individual).

IDS Borjomi does not collect or process Personal data of the minor under 16 years old.

IDS Borjomi does not collect or process the following categories of Personal data: racial or ethnic origin, political opinions, religious or philosophical beliefs, membership in political parties and trade unions, convictions, as well as health related data, sex life or sex orientation data, biometric or genetic data of Users ("sensitive personal data").

IDS Borjomi ensures to take all appropriate measures on Personal data protection considering provisions of applicable law on personal data protection (including GDPR provisions if applicable) and the specifics of IDS Borjomi business.

Contacts

For any questions on Personal data protection please send request or complaint to IDS Borjomi data protection personnel at privacy@ids-borjomi.com.

Categories of Personal data collected and processed by IDS Borjomi, purposes and legal grounds of Personal data collecting and processing

The scope, method, purpose and legal ground for collecting and processing of Personal Data by IDS Borjomi may vary depending on the way of use of IDS Borjomi Websites/Mobile Apps by the Users as well as on the scope of Services requested by the Users.

IDS Borjomi collects and processes the following categories of Personal data of the Users:

• name, surname, middle name, email address, mobile telephone number, city and state of residence;

• account data for the Websites/Mobile Apps (logins, passwords);

• "cookies", technical data for IDS Borjomi Websites/Mobile Apps.

As regards the data related to bank payment cards (cardholder's name, card number, card expiry date and CVV-code) IDS Borjomi is considered exclusively as data controller determining the purposes and methods of data processing. IDS Borjomi engage specialized providers of payment services to act as data processors which gain an exclusive processing of such Personal data.

IDS Borjomi also collects anonymized data, which is not Personal data (IDS Borjomi cannot identify any Users with such data). Anonymized data is collected and processed in consolidated form and is used for the purposes of marketing researches.

There are the following legal grounds for collecting and processing of Personal data by IDS Borjomi via use of the Websites/Mobile App by the Users:

• consent to collection and processing of Personal data;

• fulfillment of IDS Borjomi contractual obligations;

• compliance with legal requirements applicable to IDS Borjomi;

• IDS Borjomi legal interest.

IDS Borjomi collects and processes Personal data of the Users’ of the Websites/Mobile Apps for the following purposes:

• creating the Users' accounts on IDS Borjomi Websites/Mobile Apps;

• providing access for the Users to IDS Borjomi Websites/Mobile Apps;

• ordering IDS Borjomi goods and Services, managing such orders, providing IDS Borjomi goods and Services;

• tracking the preferences of the Users to provide customized information about IDS Borjomi goods and Services;

• providing responses to search and information requests of users about IDS Borjomi goods and Services;

• enabling conduction of IDS Borjomi polls, promotions, loyalty programs;

• managing subscriptions to newsletter on IDS Borjomi goods and Services;

• use of feedback forms on IDS Borjomi Websites/Mobile Apps;

• providing information exchange from the Websites/Mobile Apps via e-mail or social networks;

• conducting marketing researches and analysis of trends for improvement of IDS Borjomi goods and Services;

• improving operations of IDS Borjomi Websites/Mobile Apps;

• providing information on IDS Borjomi goods and Services (newsletters, information on promotions and other marketing events).

 

Websites/Mobile Apps enabling order of IDS Borjomi goods/Services

 

 

Categories of Personal Data

 
Purposes
Legal grounds

name, surname, middle name, email address, mobile telephone number, city and state of residence; bank cards data (cardholder's name, card number, card expiry date and CVV-code)·       creating the Users' accounts on IDS Borjomi Websites/Mobile Apps;

·       providing access for the Users to IDS Borjomi Websites/Mobile Apps;

·       ordering IDS Borjomi goods and Services, managing such orders, providing IDS Borjomi goods and Services;

·       tracking the preferences of the Users to provide customized information about IDS Borjomi goods and Services;

·       enabling conduction of IDS Borjomi polls, promotions, loyalty programs;

·       use of feedback forms on IDS Borjomi Websites/Mobile Apps;

 
consent to collection and processing of Personal data, fulfillment of contractual obligations of IDS Borjomi

account data·       providing access for the Users to IDS Borjomi Websites/Mobile Apps;consent to collection and processing of Personal data, fulfillment of contractual obligations of IDS Borjomi

 

"cookies", technical data·       tracking the preferences of the Users to provide customized information about IDS Borjomi goods and Services;

·       providing responses to search and information requests of users about IDS Borjomi goods and Services;

·       improving operations of IDS Borjomi Websites/Mobile Apps;

 
consent to collection and processing of Personal data

anonymized data·       conducting marketing researches and analysis of trends for improvement of IDS Borjomi goods and Services;

 
IDS Borjomi legal interest

 

Websites/Mobile Apps for informational and marketing purposes

 

name, surname, middle name, email address, mobile telephone number, city and country of living·       use of feedback forms on IDS Borjomi Websites/Mobile Apps;

·       providing information on IDS Borjomi goods and Services (newsletters, information on promotions and other marketing events);

 
consent to collection and processing of Personal data

"cookies", technical data·       providing information exchange from IDS Borjomi Websites/Mobile Apps via e-mail or social networking;

·       tracking the preferences of the Users to provide customized information about IDS Borjomi goods and Services;

·       providing responses to search and information requests of users about IDS Borjomi goods and Services;

 
consent to collection and processing of Personal Data

anonymized data·       conducting marketing researches and analysis of trends for improvement of IDS Borjomi goods and Services.

 
IDS Borjomi legal interest



 

It’s necessary to collect and process the Users’ Personal data for use of IDS Borjomi Websites/Mobile Apps as well as for provision of IDS Borjomi goods and Services.

There is a log-in option for the Websites/Mobile Apps via social networks managed by third parties (depending on the functionality and internal settings of the Websites/Mobile Apps). By making such an entry, the Users hereby agree to provide IDS Borjomi with the share access to Personal data to the scope requested under the settings on Personal data in the respective social network.

IDS Borjomi processes each category of Personal data for the period necessary to fulfill each of the purposes hereto. After that such Personal data would be deleted. In any case, IDS Borjomi is entitled to store personal data for a period necessary for fulfillment of its obligations in respect of the Users for providing IDS Borjomi goods and Services as well as to meet the obligations required by the applicable law.

Users’ rights related to Personal data

 

• right of access to Personal data;

• right to rectification of Personal data;

• right of access to methods of processing of Personal data;

• right to be informed on Personal data breaches;

• right on limited transferring of Personal data to third parties;

• right to revoke the consent to collection and processing of Personal data;

• right to restriction on collection and processing of Personal data;

• right to erasure of Personal data.

Please submit a request or complaint on Personal data to the IDS Borjomi data protection personnel at: privacy@ids-borjomi.com or contact the competent data protection authorities.

Transfer of Personal data to third parties

IDS Borjomi transfers Personal data to third parties (including cross-border transfer of Personal data) exclusively in the scope necessary for the purposes of collection and processing of Personal data for which such Personal data was initially collected by IDS Borjomi.

IDS Borjomi transfers Personal data exclusively in case of necessity, in a minimum scope, for a minimum period of time, which is necessary under such transfer.

To due provision of Services, ensuring access to the Websites/Mobile Apps as well as improving of providing of such Services and access IDS Borjomi may transfer Personal data to:

• affiliated companies of IDS Borjomi;

• partners of IDS Borjomi;

• subcontractors of IDS Borjomi;

• third parties, in particular to state authorities (in case of compliance with the legislative provisions);

• third parties in case of any legal procedures related to reorganization of IDS Borjomi.

IDS Borjomi should take all necessary legal, organizational and technical measures to ensure protection of Personal data.

IX.COOKIES POLICY

Use of the Websites/Mobile Apps requires use of "cookies" installed on the Users' electronic devises.

IDS Borjomi uses the following categories of "cookies":

• to provide users with a consistent access to functionality of the Websites/Mobile Apps;

• to improve and facilitate use of the Websites/Mobile Apps;

• to represent correctly advertising messages of IDS Borjomi on the Websites/Mobile Apps;

• to provide access of the Users to exchange of information from the Websites/Mobile Apps via social networks;

• to monitor of the metrics of audience of the Websites/Mobile Apps (traffic analysis, usage trends etc.).

Prior to use "cookies" on the Websites/Mobile Apps IDS Borjomi requests the Users’ consent to  such use with sending the respective notification (in a banner form).

There are the following options provided for the Users in respect of "cookies" settings:

• allow automatic storage and use of "cookies";

• warn about "cookies" use;

• always block "cookies" use (in such a case there may be some restrictions on operation of the Websites, e.g. no option of customized settings etc.).

When using the Websites/Mobile Apps it is possible to use functional options of the other resources, in particular:

• social networks (there is an option of direct content sharing from the Websites/Mobile Apps) (depending on functionality and internal settings of the Websites/Mobile Apps). There are separate “cookies” policies of such companies;

• Google Analytics for collecting statistical information of general character on use of the Websites/Mobile Apps (such information is used by IDS Borjomi exclusively for improving of the Content and provision of the Services ordered via the Websites/Mobile Apps). Operation of Google Analytics is governed by the respective policy of this company;

• other resources, which safety was checked by IDS Borjomi.

Please note that in case the function of “cookies” use is blocked it may result in improper operation of the Websites/Mobile Apps. There is an option to block the function of “cookies” use in part or in full (certain types of "cookies") with modifying the settings of the web-browsers on devices used for access to the Websites/Mobile Apps.

X. RESPONSIBILITY

Breach of any ToU provisions will lead to bringing the Users to responsibility established under the ToU and the law applicable to regulation of such ToU.

There are hyperlinks to third-party web resources inserted to the Websites/Mobile Apps. IDS Borjomi is not responsible for the content posted on such web resources, as well as for the collection and processing of Personal Data of Users, which may occur as a result of the use of such resources.

IDS Borjomi takes every effort to provide the Users with secure, uninterrupted and correct access to the Websites/Mobile Apps. At the same time IDS Borjomi is not responsible for any interruptions in the work of the Websites/Mobile Apps, the incompatibility of such Websites/Mobile Apps with all types of the Users’ devices, and the inability of the Users to access to the Websites/Mobile Apps due to the absence of the Internet connection. IDS Borjomi retains discretion to restrict the Users’ access to the Websites/Mobile Apps in full or in part.

IDS Borjomi is not liable for any damages arising for the Users from use of the Websites/Mobile Apps. Also IDS Borjomi is not liable before any third parties for any Users’ actions committed with use of the Websites/Mobile Apps.

XI. MISCELLANEOUS

ToU is effective as of the moment of its publishing on the Websites/Mobile Apps.

Any disputes arisen between IDS Borjomi and the Users related to use of the Websites/Mobile Apps are settled with negotiations hold between the parties (such settlement should be initiated by the Users in question with communicating IDS Borjomi with the respective request) as well as in accordance with the applicable law.

For any questions on use of the Websites/Mobile Apps please contact IDS Borjomi support at support@ids-borjomi.com. For the issues related to collection and processing of Personal data please contact IDS Borjomi data protection personnel at privacy@ids-borjomi.com.