1. The use of the Service by the User is regulated by this Agreement, as well as:
the User Agreement for Yandex services, available at: https://yandex.kz/legal/rules,
(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.
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;
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.
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” function the User is provided with an opportunity to transfer to the Service additional depersonalized data on visitors to pages of the User’s website (hereinafter referred to as the User Parameters). Yandex does not make the User Parameters available to the public and does not provide the User Parameters to third parties. When turning to the “User Parameters” function, the User guarantees that:
the User Parameters are depersonalized and do not identify specific visitors to the page of the User’s website;
if the data aggregate included in the User Parameters constitutes an item of intellectual property rights or other rights, the User gained all necessary rights and consents to entitle Yandex to use the data included in the User Parameters, 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 Parameters 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 Parameters under an ordinary (non-exclusive) royalty-free license valid throughout the world during the entire term of the exclusive right, sublicensed, with no additional 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 these Rules, the Regulatory Documents and/or applicable laws.
12. When using the “User Parameters” function, the User undertakes:
12.1. when forming the data included in the Users Parameters, to obtain all necessary and legislatively stipulated consents and permits of visitors to the User’s website to use, handle and/or depersonalize data on visitors to the User’s website, including but not limited to data on their interests and conduct in the Internet, and to use such data as part of the User Parameters, and for such data to be used by Yandex, its affiliates and/or the User;
12.2. not to include in the User Parameters any data, information and/or materials infringing rights of visitors to the User’s website and/or third parties (including but not limited to intellectual property rights) or containing malware and/or spyware;
12.3. to be fully liable for compliance with requirements of applicable laws and third-party rights (including but not limited to laws on personal data and intellectual property) holding Yandex, its subcontractors, employees, partners and/or contracting parties harmless from and against any third-party claim (including visitors to the User’s website, customers and clients of Yandex and authorized public bodies) relating to the data included in the User Parameters.
13. The User shall at his own risk and discretion switch on the function of the Service Session Replay, define the amount of information on the User’s website, being recorded by the 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.
14. The User acknowledges and agrees that if the User switches on the Incognito option available in the tag settings for providing increased privacy to User’s website visitors, the Service collects and transfers to the User a smaller amount of data relating to User’s website visitors. The Incognito option may partially of fully interfere with the availability of other functions 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.
16. 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.
17. 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.
18. 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.
18.1. With regard to personal data of the User’s website visitors / mobile application end users, 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”. In the course of processing of the specified personal data, Yandex processes such data for the purposes defined in this Agreement by the following methods: collection, recording, systematization, accumulation, storage, specification (update, alteration), retrieval, usage, transfer (provision, access), blockage, deletion, destruction of personal data. 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. 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.
20. 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.
21. 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.
22. 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.
23. 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.
24. 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.kz/legal/metrica_termsofuse.
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