1. General Provisions1.1. This Privacy and Personal Data Processing Policy (from now on referred to as the "Privacy Policy") applies to the information that the Company may receive from the User's device while using the "OpenStar" mobile application.
1.2. The use of the Application constitutes the User's unconditional consent to this Privacy Policy and the terms of information processing specified herein, which are obtained from the User's device. If the User disagrees with this Privacy Policy, they must refrain from using the Mobile Application.
1.3. The Company does not control and is not responsible for the information (or the consequences of its transmission) provided by the User to a third party if such transmission is carried out on a third-party resource that the User may have accessed via links from the Mobile Application.
1.4. By installing the Application on their device, the User consents to the Company collecting, processing, recording, organizing, storing, modifying, anonymizing, deleting, altering, and using the User's data (including biometric data) to provide services and grant access to the mobile Application.
1.5. The Company considers the protection of human and civil rights and freedoms in the processing of personal data, including the protection of privacy, and individual and family secrets, to be a crucial goal and condition of its activities.
1.6. This Privacy Policy of the Application applies to all information the Company may receive about the User during the use of the Application or the Company's Website.
1.7. Lack of knowledge of the terms outlined in this Privacy Policy does not constitute grounds for any claims against the Company by the User.
2. Key Terms Used in the Policy2.1. Website – The web resource
https://openstar.team/, administered by the Company.
2.2. Application or "OpenStar" mobile application, available on the website
https://openstar.team/, is software developed for mobile platforms iOS and Android, designed for installation and use on mobile devices, through which access to its functionality is provided. The primary focus of the Mobile Application is sports and the promotion of sports development.
2.3. User's Personal Information – Personal information that the User voluntarily provides about themselves to the Company during registration (creating an account) or during the use of the Application, including the User's data. This also includes data that is automatically transmitted to the Company during the use of the Application installed on the device.
2.4. Personal Data – Any information related directly or indirectly to an identified or identifiable User.
2.5. Personal Data Processing – Any action (operation) or a set of actions (operations) performed with personal data using automation tools or without such tools, including the collection, recording, organization, accumulation, storage, clarification (updating, modification), retrieval, usage, transfer (distribution, provision, access), anonymization, blocking, deletion, destruction of personal data.
2.6. Automated Personal Data Processing – The processing of personal data using computing technology.
2.7. Personal Data Distribution – Actions aimed at disclosing personal data to an undefined circle of persons.
2.8. Provision of Personal Data – Actions aimed at disclosing personal data to a specific person or a specific circle of persons.
2.9. Personal Data Blocking – The temporary cessation of personal data processing (except in cases where processing is necessary to clarify personal data).
2.10. Personal Data Destruction – Actions that result in the impossibility of restoring the content of personal data in the personal data information system and/or the destruction of physical media containing personal data.
2.11. Anonymization of Personal Data – Actions that result in the impossibility of identifying the subject of personal data without the use of additional information.
2.12. Company – LLC "OpenStarTeam", TIN ___________, OGRN _____________, address: _________________________________, independently or jointly with other persons organizing and/or carrying out the processing of personal data, as well as determining the purposes of personal data processing, the composition of personal data to be processed, the actions (operations) performed with personal data, and being the copyright holder of the mobile application.
2.13. User – Any visitor using the functional capabilities of the Website or Application according to their interests and needs.
3. User's Data Processed by the Company3.1. The Company processes personal data that the User provides about themselves during the use of the Website and the Application, including the User's data. The Company collects and processes the following data submitted by the User through forms on the "OpenStar" Application on the Website
https://openstar.team/: 3.1.1. Date of birth; 3.1.2. Email address; 3.1.3. Gender; 3.1.4. Photograph (if the User uploads a personal image); 3.1.5. Country.
3.2. When using the Application, personal data is collected automatically or entered by the User in specific forms of the Application. When the User accesses the Application from a mobile device (tablet or other device capable of accessing the Application), the Company may automatically collect certain information, including but not limited to, the type of device used, unique device identifier, IP address, operating system, type of device browser, unique device identifiers, and other diagnostic data.
3.3. The Company may collect information that the User's browser sends whenever the User visits the Company's Website or Application.
3.4. With the User's prior consent, the Company may collect images (including photographs) or other information from the User's device camera or photo library (gallery) when using the Application.
3.5. The User can enable or disable access to the above-mentioned information at any time in the settings of their device.
3.6. The Company does not process special categories of personal data relating to racial or ethnic origin, political opinions, religious or philosophical beliefs, health, or sexual life.
3.7. Generally, the Company does not verify the accuracy of personal information provided by the User and does not control the User's legal capacity. However, the Company assumes that the User provides accurate and sufficient personal information about themselves and maintains this information up to date, which the User guarantees to the Company. The User is familiar with this Privacy Policy and expresses their informed and conscious consent to it (Section 5 of the Privacy Policy).
4. Purposes of Processing Personal Data4.1. The Company collects and stores only those personal data that are necessary to provide the User with access to the "OpenStar" Application.
4.2. The purposes of processing the User's data include: 4.2.1. Providing the User with the ability to use the Website's functionality, access information, and the Application hosted on the Website, including account management; 4.2.2. Sending notifications, emails, information, and other messages to the User; 4.2.3. Improving the quality of services, functionality of the Website and Application, user convenience, and developing new services; 4.2.4. Establishing feedback with the User if necessary, including providing support; 4.2.5. Sending notifications, news, special offers via email, information, and other messages to the User about the Company's activities, and events organized by the Company; 4.2.6. Conducting statistical and other research (including monitoring the use of the Website and Application) based on anonymized data by verifying information about the use of the Website and Application and other technological services; 4.2.7. Other purposes that may become evident from the circumstances.
5. User Consent. Legal Basis for Processing Personal Data5.1. The Company processes the User's data only when it is filled in and/or sent by the User voluntarily through special forms in the "OpenStar" Application.
5.2. The User consents to the Company processing, including automated (mixed method of personal data processing), personal data by applicable law, including the collection, recording, systematization, accumulation, storage, clarification (updating, modification), retrieval, use, transfer (provision, distribution, access), blocking, anonymization, deletion, and destruction of personal data.
5.3. The User expresses full consent to the terms of the Privacy Policy by accepting the conditions specified in the User's Consent to the processing of personal data (by checking a box) or pressing special buttons in the Application when voluntarily filling out forms and submitting their data to the Company by any available means provided by the Website and Application functionality.
5.4. The User's consent to the processing of personal data is specific, informed, conscious, unequivocal, and is considered executed in simple written form. If the User does not consent, this automatically makes it impossible for the User to use the Application.
5.5. As a subject of personal data, the User has the right to receive information regarding the processing of their data, including:
- Confirmation of the fact of personal data processing;
- Legal grounds and purposes for processing personal data;
- Purposes and methods of personal data processing used by the Company;
- The name and location of the Company, information about persons (except Company employees) who have access to personal data or to whom personal data may be disclosed based on an agreement with the Company or under applicable law;
- Processed personal data related to the respective personal data subject, the source of their receipt, unless a different procedure for providing such data is established by law;
- Processing timeframes, including storage periods;
- The procedure for exercising the personal data subject's rights;
- Information about conducted or planned cross-border data transfer;
- The name or surname, first name, patronymic, and address of the person processing personal data on behalf of the Company, if the processing is entrusted to or will be entrusted to such a person;
- Other information as provided by applicable law.
6. Security, Order, and Conditions of Collection, Storage, Transfer, and Other Forms of Processing of Personal Data6.1. The Application ensures the confidentiality of children. The Company does not knowingly collect personal information from children. If a User identifies themselves as a child under the age of 16, the Company will not collect, store, or use their information, and will securely delete any personal information of such a User. If parents or guardians become aware that their child has provided personal data to the Company, they should contact the Company by sending an email to openstar.team@gmail.com and providing consent. If the Company becomes aware that it has collected personal data from a person under the age of 16 without parental or guardian consent, the Company will take measures to delete this information. If the Company needs to rely on consent as the legal basis for processing information, and the User's country requires parental or guardian consent, the Company may request such consent directly from the parent or guardian before collecting and using personal information.
6.2. The security of personal data processed by the Company is ensured by implementing legal, organizational, and technical measures necessary to fully comply with the current legislation in the field of personal data protection.
6.3. The processing of the User's data is carried out by any lawful means, including in personal data information systems using automated means or without the use of such means (a mixed method of personal data processing).
6.4. The Company hosts the Website on a server located in Estonia. Cross-border transfer of personal data is not carried out.
6.5. The confidentiality of the User's personal information is maintained. The Company ensures the security of personal data and takes all possible measures to exclude unauthorized access to personal data.
6.6. The User's data will never, under any circumstances, be transferred to third parties, except in the following cases: 6.6.1. The User has given their consent to such actions; 6.6.2. The transfer is necessary as part of the User's use of the Website and the Application; 6.6.3. The transfer is required by Russian or other applicable legislation within the framework of the established legal procedure; 6.6.4. Such a transfer occurs as part of the sale or other transfer of the business (in whole or in part), with all obligations under this Privacy Policy concerning the received personal information transferring to the acquirer.
6.7. The User's information and personal data are processed and stored by the Company at the location of the Company. This means that the information may be transferred to, processed, and stored outside the city, state, province, country, or other governmental jurisdiction where data protection laws may differ from those in the User's governmental jurisdiction.
6.8. To ensure the confidentiality of information and protect personal data, the Company takes the necessary measures to prevent unauthorized access.
6.9. In the event of an unlawful or accidental transfer (provision, distribution, access) of data resulting in a violation of the User's rights, the Company must notify the supervisory authority of the incident, the presumed causes that led to the violation of the User's rights, the presumed harm caused to the User's rights, the measures taken to eliminate the consequences of the incident and provide contact information of a responsible person—within 24 hours from the moment the incident was identified by the Company, the supervisory authority, or other interested party, and within 3 (three) days on the results of an internal investigation of the identified incident and the individuals whose actions caused the identified incident (if any).
6.10. In the event of a loss or disclosure of personal data, the Company informs the User of the loss or disclosure of personal data.
6.11. If inaccuracies in personal data are identified, the User can update (change, renew, supplement) their data independently by sending a notification to the Company via the Company’s email openstar.team@gmail.com.
6.12. The duration of personal data processing: until the User withdraws their consent to the processing of personal data in writing, or until the Website ceases operations. The Company undertakes to stop processing the User's data and to destroy personal data within a period not exceeding 30 (thirty) days from the moments specified in this paragraph.
6.13. The User may withdraw their consent to the processing of personal data at any time by sending the Company a notification (request for deletion of the User's data) to the Company’s email address: openstar.team@gmail.com.
6.14. The deletion and destruction of personal data is carried out by the current legislation and the Company's regulations. The deletion and destruction of personal data is carried out by responsible persons: 6.14.1. In cases provided by law; 6.14.2. At the request of the User, a government body, or a court; 6.14.3. Upon expiration of the storage periods; 6.14.4. When no longer needed.
7. Liability7.1. This Privacy Policy does not govern, and the Company is not responsible for, the collection, storage, processing, use, and disclosure of the User's data by third parties who are not owned or controlled by the Company, as well as by individuals who are not partners of the Company, even if the User accessed the websites or services of these parties through the Company's Website, Application, or newsletter.
7.2. The User acknowledges that in the event of negligent handling of the security and protection of their data, third parties may gain unauthorized access to the User's personal and other data. In such cases, the Company is not responsible for any losses incurred by the User and/or third parties as a result of such access.
7.3. The User undertakes to take measures to ensure the security and protection of their data, including those necessary for using the Website and Application, such as using antivirus software, safeguarding passwords, and ensuring they are not accessible to third parties and also agrees not to use other people’s data when filling out electronic forms.
7.4. In the event of loss or disclosure of confidential information, the Company is not responsible if such information: became public before its loss or disclosure; was received from a third party before it was obtained by the Company; or was disclosed with the User's consent.
7.5. The Company is not responsible for damages or losses incurred by the User and/or third parties due to a misunderstanding or misinterpretation of the terms of the Privacy Policy, instructions, or guidelines on the procedure for using the Website and Application, regarding the procedure for data placement and other technical issues.
7.6. The Company strives to use all necessary and reasonable means to protect the User's data, but the Company cannot guarantee absolute security of personal data because no method of transmission over the Internet or method of electronic storage is 100% secure.
8. Final Provisions8.1. The User may obtain any clarifications on questions of interest related to the processing of their data, including regarding this Privacy Policy, by contacting the Company via email: openstar.team@gmail.com.
8.2. The Company reserves the right to make changes to this Privacy Policy at any time and its discretion. When changes are made, the current version will indicate the date of the last update. The new version of the Privacy Policy comes into effect from the moment it is posted on the Website in the Company’s Application unless otherwise provided by the new version of the Privacy Policy. The User is responsible for reviewing the Privacy Policy text each time they use the Website and Application.
8.3. The Company will notify the User of the new version of the Privacy Policy by posting it on the Website in the Company’s Application. The Company recommends that the User periodically review this Privacy Policy for any changes.
8.4. This Privacy Policy applies to the Website and Application.
8.5. If any provision of the Privacy Policy, including any clause or part thereof, is found to be contrary to the law or invalid, this will not affect the remaining provisions that do not contradict the law; they remain in full force and are valid, and any invalid provision or provision that cannot be fulfilled without further action by the Parties will be deemed modified or corrected to the extent necessary to ensure its validity and enforceability.
8.6. The Company does not accept proposals from the User regarding changes to this Privacy Policy.
8.7. All disputes between the parties are resolved through negotiations. The pre-claim dispute resolution procedure is mandatory, and the response period to a claim is 10 (10) business days. Claims should be sent to the Company’s email: openstar.team@gmail.com.
8.8. If an agreement cannot be reached through negotiations, disputes are resolved in court at the location of the Company.