PUBLIC OFFER
1. General Provisions
1.1. This offer is valid based on paragraph 2 of Art. 432 of the Civil Code of the Russian Federation.
1.2. This official offer of IE Ermilova Evgenia Alexandrovna, INN (TIN) 371104832008, OGRN (PSRN) 316370200095344, registered at 350055, Russian Federation, city. Krasnodar, pos. Znamensky, DNT "Znamensky", st. Kubanskaya, building 11, and IE Sushko Tamara Vasilievna, INN (TIN) 371101640509, OGRN (PSRN) 321237500041067, registered at 350055, Russian Federation, city. Krasnodar, pos. Znamensky, DNT "Znamensky", st. Kubanskaya, building 11, from now on jointly referred to as the "Seller" or the "Evgenia Ermilova TM company", on the sale of video courses posted in electronic form (from now on referred to as video courses) on the Seller's websites, creative materials produced by the Seller, books by the artist Evgenia Ermilova, as well as other printed products to any individual and legal entity, from now on referred to as the Buyer, and expresses the intention of the parties to conclude an Agreement for the sale of goods on the terms of this offer.
1.2. Unconditional acceptance of the terms of this offer is considered to be placing an order on the Seller's website (https://www.evgenia-ermilova.ru, https://www.evgenia-ermilova.info, https://www.evgenia-ermilova.online, https://www.evgenia-ermilova.com, https://www.sculpturepainting.ru, https://www.evgenia-ermilova.school. ) by entering the information necessary for placing an order in the appropriate fields of the order form and pressing the button "Checkout".
1.3. Entering the information necessary for placing an order in the appropriate form fields and clicking the "Order" button confirms the Buyer's consent to the processing of the relevant personal data and consent to the distribution of the Seller's information materials, including advertising, sending sms and push messages, as well as messages to instant messengers, used by the Buyer. The Buyer can withdraw consent to the mailing list at any time after accepting the terms of this offer by unsubscribing from the mailing list.
1.4 This offer may be changed by the Seller unilaterally without additional notice to the Buyer.
1.5 The "video course" means a set of video, audio, text, graphic files, as well as software components posted on the Seller's website and united by common semantic content.
1.6 The composition of the video course can be changed by the Seller at any time without the consent of the Buyer, however, the Seller is obliged to retain the Buyer's ability to access the old versions of the video course or provide such an opportunity at the request of the Buyer.
1.7 The page of the Seller's website, which contains marketing and information materials about the video course, price, purchase methods and contains the "Buy" button (hereinafter referred to as the "Sale Page"), is an integral part of this offer.
1.8 If the sale page does not indicate the period of access to the course for the Buyer, then it is assumed that access to the course is established for at least 365 (three hundred and sixty-five) days from the date of purchase.
1.9. The video course and its software components are supplied on an "AS IS" basis ("as is"). No warranties are attached or implied.
The Buyer uses the video course and the software accompanying it at his own risk. The Seller is not responsible for any loss or distortion of data, malfunction
other programs and systems, as well as for any lost profits in the process
use or misuse of this video course and
included software components
1.10 The parties have agreed that the video course and the files and software components attached to it are supplied to the Buyer as a service for organizing access to information. By accepting this offer, the Buyer agrees that the rules of Article 1280 of the Civil Code of the Russian Federation cannot be applied to the video course and the accompanying software. Any copying, modification, research of the internal structure of the video course and its additional
files and software components, public reproduction, use in any commercial activity carried out without the knowledge and direct permission of the Seller, providing access to the course to other persons, publishing the course or its parts on the Internet are prohibited and are a direct violation of copyright and related rights.
1.11 In the event that the "homework check" service is offered together with the video course, this service is carried out personally by the artist Evgenia Ermilova without the involvement of third-party teachers.
1.12 The parties have agreed that the subscription or purchase of a video course is not training or advanced training. The Seller can issue the Buyer a certificate of completion of the video course, a commemorative diploma.
The parties agreed that the law of the Russian Federation applies to this offer.
2. Subject of the contract
The Seller undertakes to provide the Buyer with the opportunity to watch the video course on the Seller's website, and the Buyer undertakes to accept this opportunity and pay a certain amount of money (price) for its provision. The term for providing the opportunity to view, the price, the content of the video course, the features of the implementation are discussed on the page for selling the course.
3. Rights and obligations of the parties
3.1. Rights and obligations of the Buyer:
3.1.1. The buyer has the right to refuse to purchase a video course after placing an order and invoicing, until the moment of payment and transfer of access to the video course to him.
3.1.2. The buyer bears all risks for the ability to view the course and its parts on his equipment and must ensure that his equipment, including software, as well as an Internet connection is sufficient to view the video course.
3.1.3 The Buyer is obliged to provide true personal data (full name, phone number, e-mail, residential address, pages on social networks) when placing an order for a video course. In the event that the Buyer has indicated deliberately incorrect personal data, no refund is made.
3.1.4 The Buyer does not have the right to copy in whole or in part, modify in any way, republish the video course on any open and closed platforms for storing and publishing data.
3.1.5 The Buyer has the right to view the video course from two devices at the same time, located, according to the Seller, in the same region. If the Seller has recorded the fact that the Buyer is viewing the course from a larger number of devices, or devices located simultaneously in different regions, access to the course may be blocked without a refund of the paid funds.
3.1.6 The Buyer does not have the right to freely publish screenshots, photographs, other text and graphic materials of the course, audio tracks, excerpts of video files, announcements about buying the course in a clubbing or sharing the course, copy the content of the video course for use in the development of their own educational products.
3.1.7 The Buyer is obliged to read, accept and adhere to the Course Rules published on the Seller's website. The course rules are part of this Offer and have the force of an Additional Agreement.
3.2. Rights and obligations of the Seller:
3.2.1 The Seller undertakes to provide the Buyer with the opportunity to view the video course after the receipt of funds to the Seller's settlement account.
3.2.2. If the video course includes sets of materials and tools, they are sent to the Buyer within a reasonable time specified on the video course sale page. If the Seller is out of stock
necessary to form a set of materials or tools, the Seller has the right, without notifying the Buyer and without compensating the difference in price, to send functional analogues of the materials and tools offered in the set of other colors, shapes, sizes, brands, as well as change the composition of the set without notifying the Buyer previously. The maximum time for sending a set of materials is 10 (ten) working days from the date of receipt of payment to the Seller's settlement account. The set is delivered by postal operators and courier delivery providers, as agreed by the Seller and the Buyer. At the same time, the relationship between the Buyer and delivery operators is carried out by the Buyer at his own risk. The Seller does not compensate the Buyer for the risks associated with delivery, including total or partial loss of cargo, delay in transit, additional costs for delivery and customs clearance.
3.2.3 If the offer to purchase a course includes a homework check service, the Seller is obliged to provide the Buyer with feedback from a qualified expert indicated on the sale page regarding the completed homework. The term for providing feedback is determined by the Seller, but cannot be more than 7 (seven) calendar days from the date of receipt of data on the completion of homework by the Buyer.
3.2.4 The Seller has the right to issue access to the course materials sequentially, depending on the receipt of payment from the Buyer, or depending on the performance by the Buyer of other actions specified by the Seller, for example, completing homework, testing, or a positive result of completing homework. Failure to provide the Buyer with access to the next lesson of the course if the agreed condition for granting access is not met cannot be considered as a failure to comply with the terms of this Offer. If the Buyer unilaterally refuses to fulfill the conditions for granting access to the next lesson, the funds paid for access to the course will not be returned. The seller has the right to set arbitrary delays in opening access to the next lesson after completing the previous homework. The delay in opening the next task cannot exceed 31 (thirty one) calendar days.
3.2.5 At the end of the course, the Seller may provide the Buyer with a commemorative certificate ("Diploma") on completion of the course. A commemorative diploma (“Diploma”) is not a diploma of education or professional development
3.2.6. The Seller has the right to block the Buyer's access to the course at any time for any reason if, according to the Seller, the Buyer commits (or the Buyer intends to do) actions that violate the Seller's copyright and related rights, as well as the rules for providing the Course. At the same time, the Seller is obliged to inform the Buyer about the reasons for blocking and ways to restore access to the course within a period not exceeding 2 (two) business days after blocking.
4. Price and payment procedure
4.1. The price of the contract and the essential conditions of sale are indicated on the sales page of the video course and can be changed by the Seller at any time without notifying the Buyer.
4.2. Payment for the video course is carried out by the methods published on the pages "Payment" and "Place an order"
Seller's websites. The processing of a transaction for the transfer of funds from the Buyer to the Seller is carried out by the Payment Systems Aggregator - a legal entity that has the licenses necessary in accordance with the legislation of the Russian Federation to receive funds and process the Buyer's personal data, as well as the relevant
agreements with the Seller (hereinafter referred to as the Payment Aggregator). At the same time, the Seller does not collect and does not store on its resources the payment data of bank cards or the data of the Buyer's electronic wallets. All relations that the Buyer may have with the Payment Aggregator, and any other legal and natural persons who are partners or employees of the Payment Aggregator, are not the subject of this offer.
The seller does not bear any risks, does not reimburse any losses or lost profits associated with
relationship between the Buyer and the Payment Aggregator.
4.3. If the Parties agree to pay for the video course in installments provided by the Seller on its own behalf (subscription to the course), the Seller may block the Buyer's access to the paid part of the video course if the next payment is not received within the specified period. At the same time, the Seller can set the mode of automatic periodic debiting of funds from the Buyer's bank card, implemented using the Payment Aggregator. At the same time, the Seller is obliged to provide the Buyer with a software opportunity at any time to refuse the service of automatic debiting of funds from a bank card, as well as changing the data of a bank card saved for automatic payment.
4.4. In the event that the payment for the video course is carried out using bank lending, access to
The Buyer's video rate is considered fully paid from the moment the funds are received by the Seller from the partner bank. The Bank Lending Agreement concluded between the Buyer and the Bank providing lending services is not part of this Offer. Information about the possibility of providing access to the video course by obtaining a bank loan or installment plan is not an offer and does not contain significant information about the provision of financial services. The buyer is obliged to independently familiarize himself with the full information about
granting a bank loan on the website of a credit institution.
5. Course transfer procedure
5.1. The Seller transfers the video course by providing the Buyer, by e-mail specified when placing the order, with a direct link to the address of the page of the Seller's website on which the video course is published, a link to download the software necessary for viewing, a login and password to access the video page course and other data that may be required by the Buyer to access the course. If the Buyer provided an incorrect email address and this made it impossible to receive a link to the video course, the Buyer is obliged to report the correct email address to the Seller's support service. This is not a default
Seller for the transfer of goods.
5.2. An e-mail from the Seller to the Buyer may fall into the "Spam" filtering category in mail services. This is not a failure by the Seller to fulfill its obligations under the Offer, the Buyer must independently
after payment, check the specified folder if no letters from the Seller are found in the "Inbox" or "Mailing list" category.
5.3 The Seller has the right to require the performance of additional actions for the Buyer's access to the course, for example,
scanning a QR code with a mobile phone linked to the Buyer's account, entering a code sent to the Buyer's mobile phone, etc.
To provide access to it to third parties, the Seller has the right to apply to law enforcement agencies to initiate a case on theft, illegal access to computer information, etc.
6.2. All disputes and claims arising between the Parties under this Agreement shall be resolved through negotiations, and if no agreement is reached, in court at the location of the Seller.
6.3 The Parties are released from liability for the execution of this Offer in the event of force majeure.
circumstances that the Parties agreed to consider natural disasters, wars, epidemics, man-made
disasters, sanctions, technological problems of communication service providers and hosting providers, as well as any
other circumstances that are not under the unambiguous control of one of the Parties.
7. Copyright protection of the Seller
7.1 By accepting the offer, the Buyer unequivocally confirms the authenticity of the personal data transmitted when placing an order for a video course.
7.2 In order to protect its copyrights, the Seller has the right, and the Buyer is obliged to provide
evidence of the authenticity of the transferred personal data (providing a photo of a passport or driver’s
rights, certificate of education, etc.)
7.3 If the transferred personal data is not authentic, or the Buyer refuses to transfer, at the request of the Seller, evidence of the authenticity of personal data, the Seller has the right to block
for the Buyer the opportunity to access the video course until the Buyer provides the necessary information.
7.4 If the Seller has information about the violation by the Buyer of clause 1.10 of this offer, as well as information about any other violation of copyright and related rights to the video course, the Seller has the right to block the Buyer's access to the video course.
7.5 The Seller has the right to programmatically protect the video course from copying, including a ban on playing the video course on a certain software and hardware configuration of the Buyer's equipment, overlaying visible or invisible marks, etc. At the same time, the Buyer must be informed about the blocking of access to the video course by e-mails to the letters specified when placing the order, or by messages automatically generated by the software components of the video course. To gain access to viewing, the Buyer must appropriately modify the hardware and software configuration of his equipment: disable or uninstall from the System the software that allows you to copy the video course, or remove the equipment intended for copying information.
7.6 The Seller has the right to transfer the Buyer's personal data to its partners providing services
legal protection of the exchange rate from copying, if the Seller has information about the Buyer's intentions to violate
copyright and related rights of the Seller
7.7 By accepting this Offer, the Buyer unequivocally confirms his awareness that all copyright and related rights to the video course as an integral work, its structure, text, graphics, video materials, audio tracks belong to Yermilova Evgenia Aleksandrovna. The copyright for the video course is deposited in accordance with the procedure established by the legislation of the Russian Federation. ISBN 978-5-4472-8980-5. The rights to manage the video course, including the sale and protection of copyright and related rights, were transferred to IE Sushko Tamara Vasilievna by a Business Trust Management Agreement No. DDU001 dated April 16, 2020
Personal data processing policy
1. INTRODUCTION
1.1. The Personal Data Processing Policy (hereinafter referred to as the "Policy") is published and applied by IP Ermilova Evgenia Alexandrovna, TIN 371104832008, PSRN 316370200095344, registered at 350055, Russian Federation, city. Krasnodar, pos. Znamensky, DNT "Znamensky", st. Kubanskaya, building 11, as well as IP Sushko Tamara Vasilievna TIN 371101640509, PSRN 321237500041067. (collectively referred to as the “Operator”) in accordance with paragraph 2 of part 1 of Art. 18.1 of the Federal Law of July 27, 2006 N 152-FZ "On Personal Data".
This Policy defines the procedure and conditions of the Operator regarding the processing of personal data, establishes provisions aimed at complying with the legislation of the Russian Federation regarding the processing of personal data.
All issues related to the processing of personal data that are not regulated by this Policy are resolved in accordance with the current legislation of the Russian Federation in the field of personal data.
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2. GENERAL PROVISIONS
2.1. The purpose of processing personal data is: the provision of services by the Operator on behalf of the subject of personal data.
2.2. Processing is organized by the Operator on the principles of:
legitimacy of the purposes and methods of processing personal data, good faith and fairness in the activities of the Operator;
the reliability of personal data, their sufficiency for the purposes of processing, the inadmissibility of processing personal data that is excessive in relation to the goals declared when collecting personal data;
processing only those personal data that meet the purposes of their processing. The processed personal data should not be excessive in relation to the stated purposes of their processing;
compliance of the content and scope of the processed personal data with the stated purposes of processing.
the inadmissibility of combining databases containing personal data, the processing of which is carried out for purposes that are incompatible with each other;
ensuring the accuracy of personal data, their sufficiency, and, if necessary, relevance in relation to the purposes of processing personal data. The operator takes the necessary measures or ensures their adoption to remove or clarify incomplete or inaccurate data;
storage of personal data in a form that allows you to determine the subject of personal data, no longer than required by the purposes of processing personal data;
ensuring recording, systematization, accumulation, storage, clarification (updates, changes), extraction of personal data of citizens of the Russian Federation using databases located on the territory of the Russian Federation.
2.3. The operator processes the following personal data:
name, surname of the subject of personal data;
telephone number of the subject of personal data;
e-mail of the subject of personal data;
accounts of the subject of personal data in social networks and messengers;
images of paper documents of the subject to verify the authenticity of the transmitted personal data.
2.4. The personal data specified above are processed using automation tools and without the use of automation tools. When processing personal data without the use of automation tools, the Operator is guided by the Regulations on the specifics of the processing of personal data carried out without the use of automation tools, approved by Decree of the Government of the Russian Federation of September 15, 2008 N 687.
2.5. When processing personal data, the Operator applies legal, organizational and technical measures to ensure the security of personal data in accordance with Art. 19 of the Federal Law of July 27, 2006 N 152-FZ "On Personal Data". The Operator provides services by placing its Internet site on the site https://getcourse.ru/, which is the software "GETCURS 2.0.", Designed to create an online school and organize the learning process on the Internet. The getcourse.ru site uses the HTTPS extension to the HTTP protocol in order to improve security and protect information.
2.6. The Operator does not disclose to third parties and does not distribute personal data without the consent of the subject of personal data, except as provided by the current legislation of the Russian Federation, this Policy and the Public Offer.
2.7. The assessment of the harm that may be caused to personal data subjects in the event that the Operator violates the requirements of the Federal Law of July 27, 2006 N 152-FZ “On Personal Data” is determined in accordance with Art. Art. 15, 151, 152, 1101 of the Civil Code of the Russian Federation.
2.7.1. The ratio of the specified harm and the measures taken by the Operator aimed at preventing, preventing and / or eliminating its consequences is determined in accordance with the Federal Law of the Russian Federation of July 27, 2006 N 152-FZ “On Personal Data”.
2.8. Conditions for processing personal data by the Operator:
1) personal data is processed by the Operator after the acceptance by the subject of personal data of the Offer for the provision of services.
2) in accordance with paragraph 5 of Article 6 of the Federal Law of July 27, 2006 No. 152-FZ “On Personal Data”, the subject of personal data accepts the offer on his own initiative and is a party and beneficiary under the contract concluded by him. Separate consent to the processing of personal data of the subject in this case is not required.
3) the terms of this Policy are available to users in the public domain, until the acceptance of the offer for the provision of services.
2.9. The storage of personal data of users is carried out in a form that allows you to determine the subject of personal data.
2.10. Personal data is subject to destruction upon achievement of the purposes of processing. Deletion of personal data is carried out by deleting the account, after which such a record cannot be restored.
2.11. Interaction with federal executive authorities on the processing and protection of personal data of subjects whose personal data is processed by the Operator is carried out within the framework of the legislation of the Russian Federation.
3. THIRD PARTIES INVOLVED IN THE PROCESSING OF PERSONAL DATA
3.1. Sistema GETKURS LLC (https://getcourse.ru/) TIN 9731055900 / KPP 773101001, OGRN 1197746675170, location: 121596, Moscow, Gorbunova street, house 2 building 3, room 3.
3.2. Hosting services and dedicated server services are provided by Selectel LLC https://selectel.ru/about/details.
3.3 IP Ermilova Evgenia Alexandrovna - owner of copyright for the video course
3.4 LLC "Infocontrol" 108811, Russia, Moscow, st. Moskovskaya, house 3, room 1, room 2, office 121
3.5 LLC "Live Site", Russia, 115280, Moscow, Leninskaya Sloboda, 19
4. RESPONSIBLE FOR PROCESSING PERSONAL DATA
4.1. The Operator or his legal representatives are responsible for the processing of personal data.
4.2. Responsible for the processing of personal data:
4.2.1. exercises internal control over compliance with the legislation of the Russian Federation on personal data, including requirements for the protection of personal data;
4.2.2. controls the acceptance and processing of appeals and requests from personal data subjects or their representatives;
4.2.3. takes measures to detect facts of unauthorized access to personal data;
4.2.4.performs constant monitoring of ensuring the level of security of personal data;
4.2.5. carries out internal control and (or) audit of the compliance of the processing of personal data with the Federal Law of July 27, 2006 N 152-FZ "On Personal Data" and the regulatory legal acts adopted in accordance with it.
5. PROCEDURE FOR PROVIDING THE RIGHTS OF THE SUBJECT OF PERSONAL DATA BY THE OPERATOR
5.1. Subjects of personal data or their representatives have the rights provided for by the Federal Law of July 27, 2006 N 152-FZ "On Personal Data".
5.2. The operator ensures the rights of personal data subjects in the manner prescribed by chapters 3 and 4 of the Federal Law of July 27, 2006 N 152-FZ "On Personal Data".
5.3. The authority of the representative to represent the interests of each subject of personal data is confirmed by an appropriate power of attorney.
5.4. The information specified in Part 7 of Art. 22 of the Federal Law of July 27, 2006 N 152-FZ “On Personal Data”, are provided to the subject of personal data in an accessible form without personal data relating to other subjects of personal data, unless there are legal grounds for disclosing such personal data, in in electronic format. At the request of the subject of personal data, they can be duplicated on paper.
5.5. The information specified in Part 7 of Art. 22 of the Federal Law of July 27, 2006 N 152-FZ “On Personal Data”, are provided to the subject of personal data or his representative upon personal contact or upon receipt of a request from the subject of personal data or his representative. The request must contain the number of the main document proving the identity of the subject of personal data or his representative, information about the date of issue of the specified document and the authority that issued it, information confirming the participation of the subject of personal data in relations with the Operator (contract number, date of conclusion of the contract, conditional verbal designation and (or) other information), or information otherwise confirming the fact of processing personal data by the Operator, the signature of the personal data subject or his representative. If it is technically possible, the request may be sent in the form of an electronic document and signed with an electronic signature in accordance with the legislation of the Russian Federation.
5.6. The right of the subject of personal data to access his personal data may be limited in accordance with federal laws.
5.7. The operator is obliged to provide free of charge to the subject of personal data or his representative the opportunity to get acquainted with the personal data relating to this subject of personal data, at the place of his location during working hours.