Public Offer
(hereinafter referred to as the Agreement)
JSC AVK (registered address: Apt. 287, Bldg. 1, 5 Nemanskiy Proezd, Moscow 123181, Russian Federation, TIN 7734615498), hereinafter referred to as the Operator, represented by General Director V.V. Belov, acting on the basis of the Charter, on the one part,
and an individual who fully and unconditionally accepts the terms of this adhesion agreement in accordance with Articles 428 and 435 of the Civil Code of the Russian Federation and Federal Law No. 152-FZ “On Personal Data” dated July 27, 2006, by accepting this offer through:
- posting their personal data on the Operator’s websites (by completing questionnaires and forms);
- submitting a response to a vacancy posted on the Operator’s websites;
- checking the box confirming agreement with the terms of this offer on the Operator’s websites;
- sending a resume through the website or by e-mail to the Operator,
thereby confirming their consent to the terms set forth below, hereinafter referred to as the Website User / Applicant, on the other part,
jointly referred to as the Parties, have entered into this Agreement as follows:
SUBJECT OF THE AGREEMENT
1.1.
The Website User / Applicant provides their personal data for the purpose of assisting them in obtaining employment or arranging another form of cooperation with a potential employer, informing the Website User / Applicant about available career opportunities, conducting a preliminary interview for employment or other forms of engagement, providing services and/or performing work under a civil law contract, as well as enabling the Operator to carry out activities related to labor market analysis and human resource management, including by placing the Website User’s / Applicant’s personal data into the applicant reserve.
The Operator shall process the Website User’s / Applicant’s personal data exclusively for the above purposes in accordance with the legislation of the Russian Federation.
TERMS OF PROCESSING OF THE WEBSITE USER’S / APPLICANT’S PERSONAL DATA
2.1.
The Website User’s / Applicant’s personal data shall be processed by the Operator solely for the purposes specified in Clause 1.1 of this Agreement.
2.2.
The scope of personal data transferred for processing includes:
- surname, first name and patronymic;
- gender;
- photograph;
- contact telephone number;
- e-mail address;
- date of birth;
- citizenship;
- city and district of residence;
- personal social media page address;
- willingness to relocate and travel on business;
- marital status;
- information on education and obtained qualification;
- information on previous employment;
- level of computer proficiency;
- level of foreign language proficiency;
- information on specialized professional skills;
- salary expectations;
- any other personal data that the Website User / Applicant considers necessary to include in their resume;
- references from previous employers.
2.3.
For the purposes specified in Clause 1.1 of this Agreement, the Website User’s / Applicant’s personal data may be transferred to third parties, namely legal entities that are members of the Operator’s Group of Companies¹ and to the Operator’s Clients and the Clients of the Operator’s Group of Companies (hereinafter referred to as the Operator’s Clients)².
¹ The term Group of Companies is used within the meaning established by Article 9 of Federal Law No. 135-FZ “On Protection of Competition” dated July 26, 2006.
² Applicants’ personal data may be transferred only to the Operator’s Clients and the Clients of the Operator’s Group of Companies that are potential employers for the Applicants.
2.4.
For the purpose of technical support of the Operator’s information systems, the processing of the Website User’s / Applicant’s personal data may be entrusted to:
- LLC TeamService (21, Bldg. 2, Entuziastov Highway, Moscow 111024, Russian Federation);
- LLC Experium (Office 36, Floor 13, 2 Entuziastov Boulevard, Moscow 109544);
- LLC FriendWork (Premises No. 45/40n, Lit. A, 70 5th Line V.O., St. Petersburg 199178, Russian Federation).
2.5.
The Operator shall not disclose personal data to third parties without the consent of the Website User / Applicant and shall require the same from any other persons who have gained access to such personal data, unless otherwise provided by the legislation of the Russian Federation.
2.6.
The Operator processes personal data by performing the following operations:
collection, recording, systematization, accumulation, storage, updating (modification), retrieval, use, transfer (provision, access), including cross-border transfer, blocking, deletion and destruction.
2.7.
Personal data shall be processed throughout the term of this Agreement.
RIGHTS AND OBLIGATIONS OF THE WEBSITE USER / APPLICANT
3.1.
In accordance with the subject matter of this Agreement, the Website User / Applicant undertakes to:
3.1.1.
Provide truthful, accurate and complete personal data.
3.1.2.
Update (keep current) the personal data provided to the Operator as necessary.
3.1.3.
Not impersonate another person or act under another person’s name, and not otherwise mislead the Operator as to their identity.
3.2.
The Website User / Applicant shall have the right to:
3.2.1.
Obtain information about the Operator, its location, the existence of personal data relating to the Website User / Applicant held by the Operator, and the sources from which such personal data were obtained by submitting a request to the Operator’s general e-mail address: info@avkavk.ru.
3.2.2.
Receive information about third parties to whom the Website User’s / Applicant’s personal data processed by the Operator are transferred.
3.2.3.
Request the correction of their personal data, require the blocking or destruction thereof if such personal data are incomplete, outdated, inaccurate, unlawfully obtained or unnecessary for the stated purpose of processing, and take any other measures provided by law to protect their rights.
RIGHTS AND OBLIGATIONS OF THE OPERATOR
4.1.
In accordance with the subject matter of this Agreement, the Operator shall:
4.1.1.
Process the Website User’s / Applicant’s personal data solely for the established purposes and under the terms set forth in this Agreement and the applicable legislation of the Russian Federation.
4.1.2.
Amend the personal data on the basis of a reasoned written request from the Website User / Applicant.
4.1.3.
Cease processing and destroy the Website User’s / Applicant’s personal data upon their reasoned request.
4.1.4.
Ensure the protection of the personal data provided by the Website User / Applicant against unauthorized use, distortion, destruction or alteration.
4.1.5.
Within thirty (30) days from the date of receipt of the Website User’s / Applicant’s reasoned written request, amend, update, block or destroy their personal data.
4.2.
The Operator shall have the right to:
4.2.1.
Cease processing and destroy the Website User’s / Applicant’s personal data if there are substantial grounds to believe that the data provided by the Website User / Applicant are inaccurate.
4.2.2.
Use the personal data exclusively in the interests of the Website User / Applicant while carrying out activities that do not contradict the subject matter of this Agreement and its stated purposes.
4.2.3.
Provide recommendations to the Website User / Applicant on improving the presentation of their personal data contained in their resume and make technical edits to the information about the Applicant being processed.
LIABILITY OF THE PARTIES
5.1.
Persons guilty of violating the rules governing the processing and protection of personal data shall bear civil and administrative liability in accordance with the applicable legislation of the Russian Federation.
TERM OF THE AGREEMENT
6.1.
This Agreement shall enter into force upon the Website User’s / Applicant’s acceptance of its terms and shall remain in effect until either the Operator or the Website User / Applicant withdraws from this Agreement in the manner specified below, or until the Agreement is terminated by mutual consent of the Parties.
6.2.
This Agreement may be terminated by mutual agreement of the Parties or at the initiative of either Party.
6.2.1.
A notice of termination submitted at the initiative of the Website User / Applicant shall contain the Website User’s / Applicant’s full name, e-mail address and mobile telephone number.
6.2.2.
A written notice of termination (in hard copy) may be submitted by the Website User / Applicant at any office of the Operator or sent to the Operator’s office via Russian Post.
6.2.3.
An electronic notice of termination may be sent by the Website User / Applicant via e-mail to info@avkavk.ru.
6.3.
Upon termination of this Agreement, the Operator shall cease processing and destroy the personal data within a period not exceeding thirty (30) days from the date of receipt of the relevant notice, except where the applicable legislation permits the processing of personal data without the data subject’s consent.
FINAL PROVISIONS
7.1.
The Operator shall carry out its activities related to the processing of the Website User’s / Applicant’s personal data for the stated purposes free of charge.
7.2.
This Agreement does not constitute an employment agreement between the Operator and the Website User / Applicant and does not guarantee the employment of the Website User / Applicant.
7.3.
This Agreement shall not be construed as establishing between the Operator and the Website User / Applicant any agency relationship, partnership, joint activity, employment relationship, or any other relationship not expressly provided for herein.
7.4.
The terms of this Agreement, except as provided in Clause 7.1, may be amended unilaterally by the Operator. Should the Operator decide to amend the terms of this Agreement, the Operator shall publish a notice of such amendment on its official Website and provide the Website User / Applicant with an opportunity to review the revised terms at least one (1) calendar month before such amendments become effective.
7.5.
If the Website User / Applicant does not agree with the revised terms of this Agreement, the Website User / Applicant shall notify the Operator of their refusal to accept the revised terms before such amendments become effective, in accordance with Clause 6.2 of this Agreement.
Receipt by the Operator of such written refusal and the destruction of the personal data shall constitute termination of this Agreement.
Failure by the Operator to receive such refusal within the period specified in Clause 7.4 shall constitute the Website User’s / Applicant’s full and unconditional acceptance of the revised terms of this Agreement.
7.6.
Any matters not governed by this Agreement shall be governed by the applicable legislation of the Russian Federation.
7.7.
In the event of any disputes, the Parties shall take all reasonably necessary measures to resolve them through negotiations.
If the Parties fail to reach an agreement through negotiations within ten (10) calendar days, the dispute shall be resolved in court in accordance with the applicable legislation at the location of the Operator.
General Director
JSC AVK
V.V. Belov