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TERMS OF USE
IDS BORJOMI WEBSITES AND MOBILE APPS
 
__________ (date)
 
  1. PREAMBLE..1
  2. GLOSSARY..2
III.          RIGHTS AND OBLIGATIONS OF USERS OF THE WEBSITES/MOBILE APPS.2
  1. COMMUNICATION WITH IDS BORJOMI.3
  2. MESSAGES AND NEWSLETTERS FROM IDS BORJOMI.4
  3. INTELLECTUAL PROPERTY..4
VII.         PAYMENTS VIA WEBSITES/MOBILE APPS FOR IDS BORJOMI GOODS AND SERVICES, ORDERS AND MANAGEMENT OF ORDERS.5
VIII.             PERSONAL DATA..5
  1. COOKIES POLICY..9
  2. RESPONSIBILITY..10
  3. MISCELLANEOUS.10
 
I.                PREAMBLE
 
Terms of Use (hereinafter – ToU) provide 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. These ToU operate in conjunction with the Privacy Policy, which is an integral part of the ToU. The list of Websites and Mobile applications of IDS Borjomi is available here: https://www.ids-borjomi.com/list-of-websites-and-mobile-apps/.
 
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 (https://www.ids-borjomi.com/list-of-websites-and-mobile-apps/).
 
Mobile Apps mean those Mobile Apps developed and owned by IDS Borjomi (https://www.ids-borjomi.com/list-of-websites-and-mobile-apps/) and available for downloading on IOS and Android. The Mobile Apps can be used for the following:
 
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 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 information that identifies, relates to, describes, is capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular User,collected via the Websites/Mobile Apps.
 
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:
It is illegitimate to use the Websites/Mobile Apps for the other purposes than mentioned above.
 
The Users are obliged to the following:
 
 
IV.           COMMUNICATION WITH IDS BORJOMI
 
The Users may contact IDS Borjomi:
 
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:
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:
 
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:
 
 
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. The User can refuse from the newsletter by sending a request to the e-mail address privacy@ids-borjomi.com.
 
 
 
 
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:
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 sell or rent your personal information to third parties.
 
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, CCPA 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:
 
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 and analytics.
 
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:
 
IDS Borjomi collects and processes Personal data of the Users’ of the Websites/Mobile Apps for the following purposes:
 

 

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

 

 

Categories of Personal Data

 

 

Purposes

 

Legal grounds

First name, Last name, middle name, email address, mobile telephone number, city and state of residence).

·        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

 

Websites/Mobile Apps for informational and marketing purposes

 

First name, Last name, 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

 
IDS Borjomi also processes such a category of Personal Data as the sound of Users' voices when IDS Borjomi representatives communicate with such Users by telephone. The purpose of such processing is to keep the conversation with the User in order to further record the agreements reached during the telephone conversation, as well as to improve the level of IDS Borjomi service and protect the interests of IDS Borjomi during possible claims of Users about the quality and subject matter of services.
 
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.
 
 
The User is responsible for the timeliness of the Personal Data provided by him (her) and shall send IDS Borjomi a corresponding notice of change of his Personal Data. If the User does not send a notice of change of his Personal Data, as a result of which he has not received any notice / service, etc., as they were sent in accordance with the Personal Data previously provided by the User, the Company shall not be responsible for such actions, and the message / service is considered to have been provided properly.
 
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
 
 
Please submit a request or complaint on Personal data to the IDS Borjomi data protection personnel at: privacy@ids-borjomi.comor 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:
IDS Borjomi should take all necessary legal, organizational and technical measures to ensure protection of Personal data.
 
For California Residents
California law permits residents of California to request certain details about how the Company shares their personal information with third parties or affiliated companies for direct marketing purposes. If the User is a California resident and would like to make such a request, he(she) could contact IDS Borjomi at: privacy@ids-borjomi.com. The User must put the statement “Your California Privacy Rights” in the subject line. IDS Borjomi is not responsible for notices that are not properly sent, or that do not have complete information.
Users-California residents may also take advantage of the following rights:
--to request, up to two times each year, that IDS Borjomi disclose to him(her): (1) the categories and specific pieces of personal information that it has collected about such a User; (2) the categories of sources from which IDS Borjomi collects The User`s personal information; (3) the business or commercial purpose for collecting his(her) personal information; (4) the categories of third parties with whom IDS Borjomi has shared User`s personal information; and (5) the business or commercial purpose for selling User`s personal information, if applicable.
-The User may also request that IDS Borjomi deletes any personal information it has collected from or about the User. There are some reasons IDS Borjomi will not be able to fully address User`s request, such as if it needs to complete a transaction for the User, to detect and protect against fraudulent and illegal activity, to exercise its rights, or to comply with a legal obligation.
IDS Borjomi offers multiple ways for the User to make such a request (“Data Access Request” and “Deletion Request”) free of charge, including the following:
-Send an e-mail to privacy@ids-borjomi.com. The User must put the statement “Your California Privacy Rights” in the subject field and include as an attachment a completed Data Access Request Form [Data Access Request Form] or Deletion Request Form [Data Deletion Request]Borjomi is not responsible for requests that are not labeled or sent properly, or that do not have complete information.
-Fill out, print the online forms [Data Access Request Form and/or Data Deletion Request ] ] and send them to the following address: Privacy Officer,BORJOMI AMERICA INC 800 SE 4TH AVENUE SUITE 808A, HALLANDALE BEACH FL, UNITED STATES 33009 .
In order for IDS Borjomi to fulfill User`s Data Access Request Form or Deletion Request Form, it will need to verify that the User is who he (she) says he (she) is and that IDS Borjomi indeed collects or retains User`s personal information on its systems. For verification purposes, IDS Borjomi will attempt to match information that User provides to IDS Borjomi with information it already has in its records. IDS Borjomi will not be able to delete or provide User with access to his (her) personal information unless it is able to verify his (her) identity. IDS Borjomi will respond to User`s request within 45 days of receiving  request, after proper verification, unless it needs additional time, in which case IDS Borjomi will let the User know. IDS Borjomi values User`s privacy and will not discriminate against the User in response to his (her) exercising the privacy rights.
An authorized agent may submit a request on the User`s behalf, after submission of proof of authorization in accordance with California law.
For purposes of compliance with the California Consumer Privacy Act, in addition to the further details as described throughout this Privacy Policy, IDS Borjomi makes the following disclosures:
-IDS Borjomi collects the following categories of personal information: identifiers/contact Information, commercial information, internet or other electronic network activity information, geolocation, visual and audio information, age, gender, and inferences drawn from the above.
-IDS Borjomi discloses the following categories of information for a business purpose: identifiers/contact information, commercial information, internet or other electronic network activity information, geolocation, visual and audio information, and inferences drawn from the above.
 
 
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":
 
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:
 
More information on the use of cookies can be found at https://www.allaboutcookies.org/.
 
When using the Websites/Mobile Apps it is possible to use functional options of the other resources, in particular:
 
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.
 
More information about using “cookies” files could be found on the website  https://www.allaboutcookies.org/.
 
IDS Borjomi may cooperate with third party advertising resources that collect: IP addresses; unique device identifiers (UDID); browser type information; operating system information; information regarding the time zone; countries. These Advertising Resources may use this information to provide Users with advertising that is tailored to their preferences, including for non-IDS Borjomi companies.
 
Users might also see advertisements for IDS Borjomi Websites / Mobile Applications on third-party websites, including social networks. These ads are adapted for Users according to their preferences by using "cookies". In addition, Users can see IDS Borjomi ads on social media because IDS Borjomi has attracted such a resource to show ads to Users who match the demographic profile of IDS Borjomi Users. In some cases, this may involve the transfer of an email address, a telephone number to Social network users. If the User no longer wants to see special advertising adapted to his interests, he could change the settings of "cookies" and privacy in his browser and on third-party websites.
 
Users could see IDS Borjomi advertisements on IDS Borjomi websites and third-party applications and websites, as well as on various devices that Users use. IDS Borjomi can use this process to improve the effectiveness of marketing efforts for the User.
 
 
 
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.
 
IDS Borjomi reserves the right to unilaterally change the ToU by publishing a new version of the ToU on the Websites and in Mobile Applications. Users are notified of the new version of the ToU by sending a notice to the phone numbers / email addresses provided by IDS Borjomi by such Users or posting a notice on the Website or Mobile Application the next time the User uses them. If the User does not agree with the new version of the ToU, he (she) shall immediately send a notice of refusal to use the services of IDS Borjomi to the e-mail address support@ids-borjomi.com.
 
 

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