1. GENERAL PROVISIONS
1.1. Subject Matter and Scope
1.1.1. This User Agreement (hereinafter — the "Agreement") governs the terms of access to and use of the "Boomstream" website — a set of software and technical solutions for hosting, storing, processing, broadcasting, protecting, and monetizing video content, as well as for conducting video conferences and collecting data.
1.1.2. The Site is available at the following network addresses:
- boomstream.ru — the Russian-language version;
- boomstream.com — the international version;
- as well as on all subdomains of the indicated domains (hereinafter — the "Site").
1.1.3. The text of the Agreement, permanently posted on the Internet at https://boomstream.ru/terms, contains all the essential terms of the Agreement and constitutes an offer by the Company to enter into the Agreement with the User on the terms set out in the text of the Agreement. Accordingly, in accordance with the provisions of paragraph 2 of Article 437 of the Civil Code of the Russian Federation, the text of the Agreement constitutes a public offer.
1.1.4. In accordance with paragraph 3 of Article 438 of the Civil Code of the Russian Federation, proper acceptance of this offer shall be deemed to be the consecutive performance by any third party of the following actions:
- For unregistered visitors — the fact of continuing to use the Site after reviewing the terms;
- For registering users — clicking the "Register" / "Accept" / "Pay" button;
- For Buyers — making a payment or obtaining access to paid content by entering an individual password or contact details.
1.1.5. The same user may simultaneously hold several statuses with respect to different content or services. The relevant provisions of this Agreement apply to each status.
1.1.6. When a user's status changes, no additional agreements are required — the application of the relevant sections of the Agreement occurs automatically.
1.1.7. The Agreement may be terminated at any time at the initiative of either Party. To this end, the Company shall post a notice of termination of the Agreement on the Site and/or send the User a corresponding notice; from the moment of such posting/sending of such notice, the Agreement shall be deemed terminated. The User may terminate the Agreement by sending the Company a notice of termination of the Agreement by email to support@boomstream.com.
1.1.8. The Company is entitled to make changes to the Agreement unilaterally. The current version is always posted at: https://boomstream.ru/terms.
1.1.9. A User who does not agree with the terms of the Agreement and/or with a change in the terms of the Agreement must immediately terminate the Agreement in the manner provided for in clause 1.1.7 of the Agreement.
1.2. Parties to the Agreement
1.2.1. The Company — HWD Ltd. (OGRN 1116193005202), registered address: 9 Tvorcheskaya St., Building 1, Premises N 13, Rostov-on-Don, Rostov Region, Russian Federation, 344092, acting through its General Director Aleksandr Gennadyevich Obidnov on the basis of the Charter.
1.2.2. The User — any natural or legal person, or individual entrepreneur, who has visited the Site and accepted this Agreement and the Privacy Policy by continuing to use the Services, registering, making a payment, or performing any other conclusive action. The basic status applicable to all persons interacting with the Platform.
1.3. Terms and Definitions
| Term | Definition |
|---|---|
| "Platform" | The "Boomstream" set of software and technical solutions, including video hosting, a broadcasting service, video conferencing, access management, data collection, and monetization. |
| "Site" | The body of information, texts, graphic elements, design, images, photo and video materials, and other results of intellectual activity, as well as computer programs, contained in the information system that ensures the availability of such information on the Internet at the network addresses boomstream.ru, boomstream.com, and their subdomains. |
| "Buyer" | A User who: (a) has paid for access to an Author's content through the Platform's monetization service; or (b) has obtained individual access to an Author's content; or (c) has registered on the Platform to access an Author's content. |
| "Author" | A User who has registered an Account on the Platform and uses its services to host, broadcast, or monetize content. |
| "Account" | A personal, isolated environment on the Platform provided after registration, containing tools for managing content, access settings, statistics, and finances. |
| "Content" | Any audiovisual works, video recordings, broadcasts, playlists, images, text materials, and other objects posted on the Platform by an Author. |
| "Player" | A software module of the Platform for playing back Content, supporting embedding on external websites, download protection, privacy configuration, and form integration. |
| "Account Balance" | The internal balance of an Account, denominated in the unit "RUB," which is topped up when payments are made in Russian rubles at a one-to-one ratio. |
| "Monetization Service" | A set of Platform tools enabling the organization of limited paid access to an Author's Content through the Pay-Per-View model (one-time purchase) or the Subscription model (subscription), with the Company acting as an agent. |
| "Electronic Ticket" | A record in the Site's accounting system containing the User's identification data and the status of the Transaction. It is used as confirmation of the completion of a Transaction and of the right of the Buyer or a third party to access video content on the Author's terms. The sale/purchase/acquisition of Electronic Tickets constitutes the performance of the said transactions. In this case, the Buyer may purchase more than one Electronic Ticket within a single such transaction. Upon the sale of an Electronic Ticket, it is provided to the Buyer in the form of an electronic document containing all the essential terms of the said transaction, except for the price, which may not coincide with the price of such transaction. |
| "Transaction" | The consecutive actions of the Buyer and the Author to acquire an Electronic Ticket (Electronic Tickets) on the "Boomstream" Site, establishing the Author's obligation to organize limited (paid) access to the Author's video content and the right of the Buyer and/or third parties to use access to the content within the timeframes and on the conditions established by the Author. |
| "Agency Agreement" | A separate agreement between the Author and the Company governing the terms of the sale of Content through the Platform, the amount of the commission, and the settlement procedure. |
| "Buyer's Personal Account" | A personal section of the Platform available to the Buyer after authorization, for managing settings, purchases, and viewing content. |
| "Account (Bank)" | The Company's settlement account at a credit institution indicated on the Site, or the Company's account with a payment agent indicated on the Site. |
| "Privacy Policy" | The document governing the processing of personal data, posted at: https://boomstream.ru/privacy. It is an integral part of this Agreement. |
1.3.1. Other terms used in the Agreement shall be interpreted in accordance with the applicable legislation of the Russian Federation. In the event of any discrepancies, the definitions set out in this section shall prevail.
1.3.2. The titles of the Agreement's headings are intended solely for the convenience of using the text of the Agreement and have no literal legal meaning.
1.4. Subject Matter of the Agreement
1.4.1. On the basis of the Agreement, the User has the opportunity to use the Site, in particular by playing back the video content posted on the Site, including by performing the actions provided for by the Author (registering and/or, if necessary, paying the corresponding fee) and obtaining an Electronic Ticket from the Company. In addition, the User is entitled to use the Site in any other manner provided for by the Company. In the cases provided for by the relevant agreements between the Company and the Author, the Company, acting on behalf of and at the expense of the Author, sells Electronic Tickets to Users.
1.4.2. Unless otherwise expressly provided by an agreement between the Parties, the Company is not the owner of the content, a seller of any goods or services. All obligations relating to the purchase and sale of the relevant goods or the provision of the relevant services arise between the User and the Author and/or third parties. Unless otherwise expressly provided by an agreement between the Parties, the Company is not liable for the validity and enforceability of the said obligations. At the same time, if the User acquires an Electronic Ticket by transferring funds to the Company, the Company assumes the obligation to issue the User an Electronic Ticket by sending it to the email address indicated by the User during the Transaction on the Site.
1.5. Rights and Obligations of the Company
1.5.1. The Company is entitled to grant the Author a bonus balance of 100 RUB for 30 calendar days after the registration of the account. The Company is also entitled to grant the Author a bonus balance as an incentive or as part of marketing campaigns conducted by the Company.
1.5.2. The bonus balance is not subject to withdrawal and is automatically forfeited 30 calendar days after it is credited, unless it has been spent on using the platform beforehand.
1.5.3. The Company is entitled to block a User's access to the Site if, by its actions or inaction, the User violates the terms of the Agreement, other agreements between the Parties, or other requirements of the Company.
1.5.4. The Company is entitled, without giving reasons, to refuse the Buyer the execution of a Transaction and Payment. At the same time, if the Buyer has acquired an Electronic Ticket by transferring funds to the Company, the Company undertakes either to issue the Electronic Ticket or to refuse to issue it and return the paid funds to the User.
1.5.5. The Company is entitled to modify any software of the Site, to suspend the operation of the Site upon the discovery of material malfunctions, errors, and failures, as well as for the purpose of carrying out preventive maintenance and preventing instances of unauthorized access to the Site.
1.5.6. The Company is entitled to use the data of the User or of other persons whose information has been entered onto the Site by the User for marketing purposes. The User guarantees that the data entered by the User onto the Site has been voluntarily provided by the User and third parties, and that third parties have reviewed the terms of the Agreement.
1.5.7. The Company is entitled to send the User and other persons whose information has been entered onto the Site by the User informational and advertising messages, both to the email address and to the mobile telephone number information about which is contained on the Site. The User hereby consents to receiving such information and also guarantees that similar consent has been provided by the persons whose information the User has entered onto the Site.
1.5.8. The Company is entitled to verify the data of the User and of other persons indicated by the User according to its own criteria and the criteria of the Authors. In addition, the Company is entitled to require the User to present identity documents and to provide other data identifying the User in the cases provided for by the legislation of the Russian Federation. In the event of failure to provide documents or the non-conformity of the information contained in them, the Company is entitled to refuse the User the use of the Site.
1.5.9. The Company is entitled to advise the Buyer during the execution/confirmation/payment of a Transaction, including by independently contacting the Buyer at the telephone numbers indicated by the Buyer.
1.5.10. The Company is entitled to independently choose and, at its own discretion, establish methods of identifying the User on all of its resources, including websites, servers, and others.
1.5.11. The Company is obliged to inform the Buyer of the status and the fact of receipt of payment for a Transaction and Payment. The fact that the Buyer has been informed is the fact of sending an email to the email address indicated by the Buyer when executing a Payment or Transaction on the Site.
1.5.12. After the successful execution of a Transaction, the Company notifies the Author of the fact of receipt of payment from the Buyer. The Author further undertakes to independently and properly fulfill its obligations to the Buyer under the Transaction, as well as to independently settle Buyers' claims related to such obligations, including claims arising as a result of a discrepancy between the amount of the Transaction and the Author's current rates and price lists.
1.5.13. In the event that the Author does not perform any of the following actions for more than 365 days: does not conduct Transactions; does not make Payments; does not log in to the Boomstream account; does not store video content, does not conduct online broadcasts, does not conduct video conferences — the Company is entitled, after the expiration of the said period, to debit from the account balance of such Author an amount of 100 rubles on the first day of each calendar month for the maintenance of the account.
1.6. Rights and Obligations of the User
1.6.1. The User undertakes to review the current version of the Agreement upon each visit to the Site prior to using the Site.
1.6.2. The User undertakes to provide accurate and, where necessary, complete information when using the Site.
1.7. Rights and Obligations of the Author
1.7.1. Registration on the Site is carried out by creating an Account, indicating a valid email address and password. From the moment the registration procedure is completed, the User automatically acquires the status of Author and gains access to the personal account (hereinafter — the Account).
1.7.2. The Author is obliged to provide accurate registration data and to update it in a timely manner.
1.7.3. The Author bears full responsibility for the safekeeping of the credentials of its own and subsidiary accounts, API keys, and access tokens. All actions performed from the Author's Account are deemed to have been performed by the Author itself.
1.7.4. The Author guarantees that it possesses all the necessary rights (exclusive or licensed) to the Content posted on the Site, or has lawful grounds for its use and commercialization.
1.7.5. By posting Content on the Site, the Author grants the Company a non-exclusive, royalty-free, territorially unlimited license for the technical reproduction, storage, encoding, delivery, and display of the Content solely for the purposes of the functioning of the Site's services for the term of the Agreement.
1.7.6. Content posted by the Author must not contain: materials that violate the applicable legislation of the Russian Federation; materials that incite the commission of unlawful acts; materials that incite social, racial, ethnic, or religious hatred and enmity, that promote social, racial, ethnic, religious, or linguistic superiority, or that discriminate against people on the basis of gender, age, ethnicity, or other characteristics; materials containing calls for the commission of terrorist activity or justifying terrorism, and other extremist materials; materials containing and/or promoting pornography, scenes, images, or descriptions of violence, cruelty, or inhumane treatment of animals; materials that infringe the intellectual property rights of third parties (including rights to any patent, trademark, copyright, or related rights); materials that affect the dignity of the individual, honor and good name, or business reputation (including offensive, demeaning, or defamatory materials); materials that violate the rights to the protection of a citizen's image; materials that violate or create a threat of violation of the rights and legally protected interests of third parties; materials that the Author has no right to make available by law or under any contractual relationship (including those disclosing personal, family, commercial, or other secrets protected by law or contract); materials containing hidden inserts, as well as those created using other technical techniques and methods that affect people's subconscious and/or have a harmful effect on their health; materials containing information about the methods and means of developing, manufacturing, and using, or about places to acquire, narcotic drugs, psychotropic substances, and their precursors, as well as those promoting any advantages of using certain narcotic drugs, psychotropic substances, their analogues, and precursors; advertising information not specifically authorized, "junk" mail, spam, "pyramid" schemes, "chain letters"; the unsolicited transmission of records of an advertising, commercial, or campaigning nature; materials containing viruses or other computer codes, files, or programs designed to disrupt, destroy, or limit the functionality of any computer or telecommunications equipment or programs, to carry out unauthorized access, as well as serial numbers for commercial software products, logins, passwords, and other means for obtaining unauthorized access to paid resources on the Internet; links to resources the content of which does not comply with the applicable legislation of the Russian Federation. The Company recommends refraining from posting materials related to links to or recommendations of the consumption of tobacco products and alcoholic beverages. The Author is not entitled to use other persons' data or to attempt to assume the identity of celebrities, political or public figures, or cultural figures.
1.7.7. The Author is not entitled to create more than one account for personal use for the purpose of obtaining a benefit, namely receiving a bonus to the account balance upon registration. The Company is entitled to cancel the bonus balance or suspend the operation of the account of a user in whose actions this violation has been identified.
1.7.8. Payment for the Author's use of the Site is made by crediting the amount of the Payment to the balance of the Author's Account.
1.7.9. The rates for paying for the Site's services are located at https://boomstream.ru/pricing. At the same time, an additional agreement on the individual calculation of cost may be concluded between the Author and the Company.
1.7.10. The Author is entitled to choose from the payment methods offered on the Site. At the same time, the Author undertakes to independently familiarize itself with the rules for using the Payment method it has chosen.
1.7.11. The Author is entitled to request a refund of a Payment, provided that it has not been debited for the use of the Site's resources. In this case, the Author must submit a request for a refund of funds. The said request is reviewed by the Company, after which the Author is sent a notice of the procedure and timeframes for carrying out the refund.
1.7.12. The Author independently determines the conditions of access to its Content: free, password-protected, by geographic location, by referring domain, or paid.
1.7.13. When using password protection, the Author is entitled to configure: the type of password — individual with binding to an email / group; the validity period; the activation limit; the option of sending an automatic email with a link and instructions; other options.
1.7.14. The Author independently informs viewers of the access rules, the technical requirements for playback, and the conditions for using the Content. The Company does not participate in communication between the Author and viewers, except in cases of technical support or compliance with legal requirements.
1.7.15. The Monetization Service is provided on the basis of a separate Agency Agreement, accepted by the Author in the personal account. The Company acts on behalf of and at the expense of the Author when selling access to the Content to Buyers.
1.7.16. The Author independently sets the price, validity period, and terms of use of the Electronic Tickets. A change in the conditions after a sale is permitted only with the consent of the Buyer or in the cases expressly provided for by the legislation of the Russian Federation.
1.7.17. The Company ensures the technical creation and storage of records of Transactions and the delivery of Electronic Tickets to Buyers. The Author undertakes to provide access to the content on the conditions stated at the time of sale.
1.7.18. The Author is entitled to use the subscription model for the regular provision of access to Content. For these purposes, the "Recurring Payment" mechanism (also referred to in the text as the "Subscription Service") is applied — a type of cashless payment whereby the automatic debiting of funds from the Buyer's bank card is carried out in accordance with the conditions that the Author has set in advance in the account.
1.7.19. When configuring the Subscription Service, the Author is obliged to explicitly indicate: the amount of the regular payment; the frequency of debiting: daily, weekly, monthly, annually; the conditions for providing a trial period, if applicable; the procedure and timeframes for the Buyer's cancellation of the subscription; the conditions for refunds upon early termination.
1.7.20. The Author guarantees that the subscription conditions are communicated to the Buyer in a clear and unambiguous form prior to the execution of the first payment. Hidden charges, automatic renewal without the possibility of cancellation, or unilateral changes to the conditions without notice are prohibited.
1.7.21. The technical aspects of recurring payments (repeat debit attempts in the event of insufficient funds, the handling of bank declines, dunning management) are carried out by the payment gateway in accordance with its rules. The Author undertakes to independently process Buyers' requests for subscription cancellations and refunds within the timeframes established by consumer protection legislation.
1.7.22. The Company does not guarantee the continuity of recurring debits and is not liable for bank declines, changes in the rates of payment systems, or the blocking of cards by Buyers.
1.7.23. The Company's remuneration for providing the monetization service (hereinafter — the Platform Commission) is indicated in the personal account.
1.7.24. The following are deducted consecutively from the amount of the Buyer's payment: the payment gateway commission (depending on the payment method and region); the Platform Commission; VAT, where the general taxation system applies or in the cases provided for by the Tax Code of the Russian Federation; the remainder is transferred to the Author as remuneration under the Agency Agreement upon its request from the Account.
1.7.25. The Company does not act as the Author's tax agent. The Author independently fulfills its obligations to pay taxes and submit reporting in accordance with the applicable tax regime.
1.7.26. In the event of a payment dispute by the Buyer, a chargeback, all associated costs (commissions, payment system penalties, the refund of the amount) are reimbursed at the expense of the Author's balance.
1.7.27. When using the built-in data collection forms, connecting the monetization service, or using password-protected access, the Author is recognized as the personal data operator within the meaning of Federal Law No. 152-FZ, and the Company acts as the processor on the Author's instructions.
1.7.28. The Author independently determines the composition of the data collected, the purposes of processing, the legal grounds, and the storage periods. The Company transfers the collected data to the Author in the volume and format specified by the form settings.
1.7.29. The Author is provided with access to analytics on views, audience geography, devices, conversions, and financial indicators. The data is provided in anonymized or aggregated form, unless otherwise provided by the collection settings.
1.7.30. The Author bears full property and non-property liability for: the legality of the Content posted and the existence of rights to its use; the conformity of the sale and subscription conditions with the requirements of the legislation of the Russian Federation; the Company's losses arising as a result of claims by third parties, regulators, or payment systems related to the Author's actions.
1.7.31. Upon the receipt of justified complaints or decisions of authorized bodies, the Company is entitled to: temporarily block access to the disputed Content; suspend payments pending clarification of the circumstances; require the Author to reimburse documented losses.
1.7.32. The Company is not liable for the volume of sales, conversion, the actions of payment systems, the blocking of access by third parties, or the unavailability of Content for reasons beyond the Site's control.
1.7.33. The Author is entitled at any time to refuse to use the monetization service or to close the Account by sending a notice through the personal account or to support@boomstream.com.
1.7.34. The Company is entitled to suspend or restrict the functionality of the Author's Account in cases of: violation of the terms of the Agreement or the legislation of the Russian Federation; the receipt of multiple complaints from Buyers or rights holders; suspicion of fraudulent operations, money laundering, or the circumvention of commissions; technical risk or force majeure.
1.7.35. In the event of the closure of the account and refusal to use the monetization service, the Author remains responsible for fulfilling its obligations under Transactions already conducted.
1.7.36. All notices, reports, acts, and financial documents are sent to the Author at the email indicated at registration or are available in the personal account. The Author undertakes to regularly check incoming messages and the status of the Account.
1.8. Rights and Obligations of the Buyer
1.8.1. A User acquires the status of Buyer at the moment of performing conclusive actions indicating an intention to obtain access to Content on a paid basis, including but not limited to: paying for an Electronic Ticket, taking out a subscription, entering an individual access password issued by the Author, or entering contact details into a registration form.
1.8.2. The subject matter of a Transaction is the provision to the Buyer of a limited right of access to a particular Content object on the conditions established by the Author and recorded at the time the purchase is made.
1.8.3. The Company acts as the technical operator of the Site and, upon conclusion of the Agency Agreement, as the agent of the Author. The seller of access to the Content is the Author. All obligations regarding the quality, content, timeframes, and conditions of provision of the Content are borne by the Author.
1.8.4. To execute a Transaction, the Buyer selects a Content object, reviews the access conditions, indicates contact details (email, where necessary), and confirms the intention to acquire access by clicking the corresponding button ("Buy," "Pay," "Subscribe").
1.8.5. The Buyer undertakes to independently verify the details of the Transaction and Payment before execution. The Buyer bears full responsibility for the accuracy and lawfulness of the use of the data used by it when executing the Transaction and Payment.
1.8.6. The Buyer undertakes to familiarize itself with the content, the registration conditions, and the additional requirements imposed by the Author prior to executing the Transaction. In the event that any conditions, including the payment procedure, are not entirely clear to the Buyer, the Buyer undertakes to clarify these conditions and, if clarification is impossible, to refrain from executing the Transaction.
1.8.7. Payment is made by cashless means through integrated payment systems. The currency of settlement is indicated on the Transaction execution page. The Company does not store the full bank card data of the Buyer; payment processing is carried out by certified payment providers.
1.8.8. After the successful receipt of funds into the Company's settlement account, the Buyer is sent a notice to the indicated email confirming the Transaction and providing access to the Content (a link, password, instructions). The Electronic Ticket is generated automatically and is available in the Personal Account.
1.8.9. Access to the Content is provided through the Site's Player, embedded on the Author's website or accessible via a direct link. The technical requirements for playback (internet speed, browser, device) are indicated on the Content page or in the help section of the Site.
1.8.10. The Buyer undertakes: not to transfer credentials, links, passwords, or Electronic Tickets to third parties; not to attempt to circumvent content protection measures (screen recording, downloading via third-party services, decompilation of the Player); to use the access solely for personal, non-commercial purposes, unless otherwise expressly permitted by the Author.
1.8.11. The Company does not guarantee the availability of Content in cases of: the deletion of the Content by the Author or the termination of its rights to distribute it; the blocking of access by authorized bodies of the Russian Federation; technical failures beyond the Platform's control (internet service provider, the Buyer's equipment).
1.8.12. The Buyer is entitled to acquire access to Content on a periodic basis. For this purpose, the "Recurring Payment" mechanism (also referred to in the text as the "Subscription Service") is applied — a type of cashless payment whereby the automatic debiting of funds from the Buyer's bank card is carried out in accordance with the conditions that the Author has set in advance in the account.
1.8.13. Mandatory information prior to taking out a subscription: Prior to payment, the Buyer is explicitly informed of: the amount of the regular payment and the currency; the frequency of debits and the date of the first payment; the conditions and procedure for cancelling the subscription; information about the trial period, if provided; the procedure for notification of an upcoming debit.
1.8.14. The Buyer is entitled to refuse a subscription of proper quality within 7 days of taking it out, not counting the day of purchase, if access to the content has not been initiated.
1.8.15. At any time before the date of the next debit, the Buyer may cancel the subscription through the Personal Account or via the link in the notice. The cancellation takes effect from the beginning of the next billing period.
1.8.16. The Author is obliged to notify the Buyer of the upcoming automatic renewal of the subscription no later than 3 (three) days before the debit date. The notice must contain a simple and accessible link for cancelling the renewal. The Company provides a ready-made mechanism for sending trigger messages for this purpose.
1.8.17. The Company ensures the technical execution of recurring debits through the payment gateway. In the event of a bank decline, insufficient funds, or the blocking of a card, the subscription is suspended. The Author is entitled to restore access after a successful repeat debit or to offer an alternative payment method.
1.8.18. In accordance with Article 48 of Decree of the Supreme State Council of the Union State No. 6 of December 6, 2024 "On Uniform Rules in the Field of Consumer Protection," the Buyer is entitled to refuse a digital product of proper quality and demand a refund of the amount paid within 7 (seven) calendar days, not counting the day of purchase. In this case, the Buyer must submit a request for a refund of the funds paid by the Buyer for the Electronic Tickets it acquired within a single Transaction. The said request is reviewed by the Author, after which the Buyer is sent a notice of the procedure and timeframes for carrying out the refund. In all cases, a refund may be carried out only with respect to all Electronic Tickets in the Transaction. The Author is entitled to assign to the Company the fulfillment of the Author's obligation to refund to the Buyer the funds paid by the Buyer for the Electronic Tickets it acquired. In this case, the Buyer is obliged to accept such performance from the Company, and the Buyer is not entitled to demand that the Company or the Author provide any evidence confirming the said assignment.
1.8.19. Under no circumstances is the Company liable for the performance or non-performance by the Author of the obligation to refund funds to the Buyer in the event of the Buyer's refusal of an Electronic Ticket. All claims related to the said actions and events must be directed by the Buyer directly to the Author's details indicated on the Site, or to the Author's details obtained from public registers. In the event that it is impossible for the Buyer to establish the Author's details, the Company, upon the Buyer's request, shall provide such details to the Buyer's email address.
1.8.20. Demands for the elimination of defects, replacement, or a refund of funds are directed to the Author through the form in the Personal Account or to support@boomstream.com marked "For transmission to the Author." The Company provides technical intermediation and the transmission of documentation. The request must contain the Transaction number, the reasons, and the details for the refund. The Company transmits the request to the Author. The decision on the refund is made by the Author; where the fulfillment of the Author's refund obligation is assigned to the Company, the Company technically executes the refund of funds within up to 10 business days.
1.8.21. In accordance with Article 45 of Decree of the Supreme State Council of the Union State No. 6 of December 6, 2024 "On Uniform Rules in the Field of Consumer Protection," demands related to defects in a digital product may be made by the Buyer during the period of access to the content established by the Author in the conditions of the Transaction, but no later than 2 (two) years from the moment access to the digital product was provided.
1.8.22. In the event of a payment dispute through a bank, a chargeback, the Buyer undertakes to provide evidence of the acquisition of access. Upon confirmation of an unjustified chargeback, the Company is entitled to restore the debit or restrict the Buyer's access to the Platform until the dispute is resolved.
1.8.23. The Personal Account is provided to the Buyer for managing the acquired access. Login is carried out using the email indicated at the time of purchase, with a password or a one-time link.
1.8.24. In the Personal Account, the Buyer may: view the purchase history and the status of Electronic Tickets; manage active subscriptions (viewing, cancellation, changing the payment method); obtain access to acquired Content in a single interface; view Content to which the Author has granted access via an individual password to the indicated email; change contact details and notification settings.
1.8.25. The Buyer undertakes to ensure the confidentiality of the Personal Account credentials. All actions performed after authorization are deemed to have been performed by the Buyer.
1.8.26. The Buyer is prohibited from: the commercial use of Content without the written permission of the Author; the distribution of Electronic Tickets, links, or passwords to third parties; the use of automated means for the mass downloading or copying of Content; providing inaccurate data when executing a Transaction; abusing the right to a refund (systematic refusals after the full viewing of the Content).
1.8.27. Upon the identification of violations, the Company is entitled, without prior notice, to restrict the Buyer's access to the Content or the Personal Account, to cancel Electronic Tickets without a refund of funds, and to transmit information to the Author for the taking of measures.
1.8.28. The Company is not liable for the Buyer's losses arising as a result of its violation of the terms of the Agreement, the misuse of Content, or the actions of third parties.
1.8.29. All disputes related to the quality of the Content, the access conditions, refunds, or the non-performance of obligations by the Author are resolved directly between the Buyer and the Author. The Company provides technical intermediation and documentary confirmation of the Transaction.
1.8.30. Pre-trial procedure: A claim is sent to support@boomstream.com marked "For transmission to the Author" or directly to the Author at the contacts indicated on the Content page, with a copy to support@boomstream.com. Review period: 15 business days. The claim must contain: the Transaction number, a description of the violation, evidence, and contact details.
1.8.31. Disputes involving Buyers who are natural persons acquiring Content for personal needs are considered by a court of general jurisdiction at the plaintiff's place of residence, the location of the Company, or the place of conclusion of the contract in accordance with the legislation of the Russian Federation on consumer protection.
1.9. Technical Availability and Limitations
1.9.1. The Company endeavors to ensure round-the-clock availability of the Platform; however, it does not guarantee uninterrupted operation in cases of: the carrying out of scheduled technical work (with prior notice, where possible); the actions of third parties (hosting providers, internet channels, regulators); force majeure circumstances; attempts at unauthorized access or attacks on the infrastructure.
1.9.2. The User independently bears responsibility for: the availability of the necessary equipment and software for access to the Platform; the quality of the internet connection; the observance of information security measures for its credentials.
1.10. Intellectual Property: Basic Principles
1.10.1. Rights to Users' Content: All exclusive rights to content posted by Authors are retained by their rights holders. The posting of content on the Platform grants the Company a non-exclusive, royalty-free, territorially unlimited license for the technical reproduction, storage, and delivery of the content for the purposes of the functioning of the services for the term of the Agreement.
1.10.2. Rights to the Platform: The software, design, interfaces, documentation, and other objects of the Platform are the intellectual property of the Company or its licensors. Any use of the Platform's objects beyond the functionality provided to the user requires the written consent of the Company.
1.11. Processing of Personal Data: General Provisions
1.11.1. By entering its personal data into a form on the Site, or into a form of the Company located on another website on the Internet, when executing a Transaction, the User gives its consent to the processing of personal data, both without the use of automation tools and with their use. The said consent is provided by the user to the Company, as well as to the Author, for the purpose of: registration and identification; the provision of access to the Platform's services; the processing of payments and the fulfillment of obligations; technical support and communication; analytics and the improvement of services (in anonymized form); the sending of informational and marketing messages (with the possibility of unsubscribing).
1.11.2. The User hereby confirms that it transfers its personal data for processing by the Company and the relevant Author and consents to its processing. The User is also notified that the processing of its personal data will be carried out by the Company and the Author on the basis of paragraph 5 of part 1 of Article 6 of Federal Law No. 152-FZ of July 27, 2006 "On Personal Data", as well as on the basis of paragraph 1 of part 1 of Article 6 of Federal Law No. 152-FZ of July 27, 2006 "On Personal Data", in connection with which the User, where necessary, gives its consent to the processing of personal data.
1.11.3. The User gives the Company and the Author consent to the processing of the following personal data: surname, first name, patronymic; contact telephone numbers; email addresses; information about interests.
1.11.4. The purposes of the processing of personal data are the fulfillment by the Company and the Author of the relevant contracts, as well as the conduct of the necessary marketing activities.
1.11.5. In the course of processing, the following actions will be performed with personal data: collection, recording, systematization, accumulation, storage, clarification (updating, modification), extraction, use, transfer (distribution, provision, access), anonymization, blocking, deletion, destruction.
1.11.6. The transfer of personal data to third parties is carried out in accordance with the applicable legislation of the Russian Federation and the agreements between the Parties.
1.11.7. By obtaining an Electronic Ticket, the Buyer agrees that its personal data becomes available to the Author, who is the owner of the content, for the fulfillment of obligations under the Transaction.
1.11.8. The procedure for the processing of personal data is set out in the Privacy Policy, permanently available at https://boomstream.ru/privacy. Personal data is processed by the Author in the manner provided for by the Author. The storage of personal data is carried out in accordance with the applicable legislation of the Russian Federation.
1.11.9. Consent to the processing of personal data by the Company may be withdrawn by the User by sending a written application to a representative of the Company at the email address support@boomstream.com.
1.11.10. In the event of the User's withdrawal of consent to the processing of personal data, the Company is entitled to continue processing personal data without the User's consent where there are grounds indicated in paragraphs 2–11 of part 1 of Article 6, part 2 of Article 10, and part 2 of Article 11 of Federal Law No. 152-FZ of July 27, 2006 "On Personal Data".
1.11.11. The Company's personal data processing policy is, in accordance with the requirements of part 2 of Article 18.1 of Federal Law No. 152-FZ of July 27, 2006 "On Personal Data" (as amended on July 25, 2011), publicly available and permanently located at https://boomstream.ru/privacy.
1.11.12. In cases where the Author uses the technical tools of the Platform to organize access by third parties (Viewers) to its video materials, to make direct settlements with them, or to collect their contact data, the Author assigns to the Company the processing of the personal data of such third parties. The terms and requirements for such processing are determined by Annex No. 1 to this Agreement (the "Personal Data Processing Assignment"), which is an integral part of the Agreement and enters into force for the Author from the moment of completion of the registration procedure.
1.12. Prohibited Actions: General List
1.12.1. Regardless of status, the User is prohibited from: carrying out unauthorized access to the Platform's infrastructure (hacking, vulnerability scanning, DDoS attacks); decompiling, reverse-engineering, or copying the Platform's program code; using automated means for the mass collection of data from the Site (scraping, bots) without the written consent of the Company; creating multiple Accounts to circumvent restrictions or obtain unlawful advantages; distributing malware, phishing links, or spam through the Platform's services; using the Platform for cryptocurrency mining or other resource-intensive tasks unrelated to the stated functionality.
1.12.2. Upon the identification of violations, the Company is entitled to immediately restrict or terminate the violator's access to the Platform without a refund of funds and while retaining the right to recover losses.
1.13. Liability
1.13.1. The information posted on the Site is added to the Site by Authors. The Company does not have the technical ability and is not obliged to monitor the posted information and to subject it to mandatory verification and approval. The Company does not guarantee the accuracy, precision, completeness, or quality of any information published by Authors and/or third parties on the Site. The Company does not endorse or confirm any information posted by Authors and/or third parties on the Site. The User understands and agrees that, by using the Site, it may see information that is offensive, indecent, or controversial.
1.13.2. The Company does not have the ability to verify the information posted by Authors and cannot guarantee the complete absence of inaccuracies in it, and therefore is not liable to the User for any erroneous and/or inaccurate data about content and services, nor for any harm and/or losses caused to the User due to the presence of errors in the information.
1.13.3. The User may use any materials obtained using the Site at its own risk; it bears responsibility for any damage that may be caused as a result of using these materials. Under no circumstances is the Company liable to the User or third parties for any damage caused by the use of the Site, the content of the Site, or other materials accessed from the Site.
1.13.4. When an Author posts Content using the services of the Site, the Company regards it as the rights holder until otherwise established. This means, in particular, that the Author guarantees to the Company that it owns the rights to use the protected materials included in the Content, including the rights of reproduction, as well as the rights of communication to the public of protected objects of copyright and related rights, in the event of the provision of open access to such materials. When posting Content, the Author guarantees the observance of the personal non-property rights of authors and other rights holders in accordance with Part Four of the Civil Code of the Russian Federation. The unauthorized copying and use of materials will be regarded as a violation of the rights of third parties. In the event that the fact of the posting of materials of which the Author is not the rights holder is established, the materials will be immediately deleted at the demand of the lawful rights holder. In order to prevent the abuse of rights, a rights holder who considers its rights to have been violated is obliged to provide the Company with documents confirming its rights. In the event of a dispute arising between the Author and the rights holder, the Company may be involved in the resolution of the dispute only to provide information that may be relevant to the resolution of the dispute. All trademarks and service marks belonging to the Site, as well as other means of individualization, are objects of the Company's property rights, and their use without the Company's permission will be deemed counterfeit. You may use the said objects only with the permission of the Company, by sending a request to it and with the subsequent conclusion of an additional agreement.
1.13.5. The Author agrees and confirms that the person who created (formed) and posted the Content is responsible for all Content materials (photographs, graphics, images, music, video, messages, etc.) posted on the Site. This means that it is the Author, and not the Company, that bears full responsibility for the legality of the actions performed using the services of the Site and their consequences, including the reimbursement of any losses and damage, including in cases of the unlawful reproduction and communication to the public of materials the rights to which belong to third parties, as well as the infringement of the honor, dignity, and business reputation of third parties.
1.13.6. The Company is not liable for the improper conduct of persons using the Site.
1.13.7. The Company does not guarantee that: the Site will meet the User's requirements; the results that may be obtained using the Site will be accurate and reliable; the quality of any product, service, or information obtained using the Site will meet the User's expectations; the Site will operate continuously, quickly, reliably, and without errors and will meet the User's expectations; all errors on the Site will be corrected.
1.13.8. The Site or its elements may periodically be partially or fully unavailable due to the carrying out of preventive or other technical work ensuring the normal functioning of the Site. In such a case, the Company has no obligation to notify Users or for their failure to receive information.
1.13.9. The amount of losses that may be reimbursed by the Company to the User and/or any third party is, in any case, limited, in accordance with the provisions of part 1 of Article 15 of the Civil Code of the Russian Federation, to the sum of 5,000 (five thousand) rubles.
1.13.10. The Company is not liable for the Author's failure to comply with the conditions for the provision of access to content or the provision of services, since these conditions and rules are within the exclusive purview of the Author.
1.13.11. The Buyer assumes full responsibility and the risks associated with executing a Transaction. The Buyer bears sole responsibility for any problem arising in the process of registering, executing, confirming, and paying for an Electronic Ticket and/or Payment. In such a case, the Company is not liable for any damage of a monetary or other nature arising as a result of a problem caused or conditioned by the Buyer's error or negligence when using the Site, including the unsuccessful completion or confirmation of any operation.
1.13.12. The Site is provided "as is." The Company does not guarantee the conformity of the services with the User's specific purposes.
1.14. Dispute Resolution: General Procedure
1.14.1. The Agreement and all legal relations arising from it are governed by the legislation of the Russian Federation. All arising disputes are resolved on the basis of the legislation of the Russian Federation.
1.14.2. All disputes, disagreements, and claims that may arise in connection with the performance, termination, or invalidation of the Agreement, the Parties will endeavor to resolve through negotiations. The Party that has claims and/or disagreements sends the other Party a message indicating the claims and/or disagreements that have arisen.
1.14.3. The message referred to in clause 1.14.2 of the Agreement is sent by the User by email to the address support@boomstream.com, as well as sent to the Company in writing by means of dispatch by post via registered letter with acknowledgment of receipt. The message must contain the substance of the demand being made, evidence confirming the demand, and information about the User.
1.14.4. Within 15 (fifteen) business days from the moment of receipt of the message referred to in clause 1.14.3 of the Agreement, provided that this message complies with the provisions of this clause, the Party that received it is obliged to send a reply to this message.
1.14.5. In the event that a reply to the message is not received by the Party that sent the message within 17 (seventeen) business days from the date of dispatch of the corresponding message, or if the Parties do not reach agreement on the claims and/or disagreements that have arisen, the dispute is subject to referral for consideration to the Arbitrazh Court of the City of Rostov-on-Don, or to a court of general jurisdiction at the location of the Company or the plaintiff's place of residence.
Address and Bank Details of the Company
1. Company Details:
HWD Ltd.
- INN: 6161062312
- KPP: 616101001
- OGRN: 1116193005202
- Registered address: 9 Tvorcheskaya St., Building 1, Premises N 13, Rostov-on-Don, Rostov Region, 344092
- Actual address: 9 Tvorcheskaya St., Building 1, Premises N 13, Rostov-on-Don, Rostov Region, 344092
- Telephone: +7 (863) 303-21-30
- Full name of the General Director: Aleksandr Gennadyevich Obidnov
2. Bank Details:
Name of bank: JSC "TINKOFF BANK"
- Registered address: 10 1st Volokolamsky Proezd, Building 1, Moscow, 123060
- Correspondent account No.: 30101810145250000974
- BIC: 044525974
- INN: 7710140679
- Settlement account No.: 40702810210000309254
Annex No. 1 to the User Agreement
ASSIGNMENT BY THE PERSONAL DATA OPERATOR TO THE PROCESSOR
Rostov-on-Don
This Assignment (hereinafter — the "Assignment") has been drawn up in accordance with Article 6 of Federal Law No. 152-FZ "On Personal Data" dated 27.07.2006 (hereinafter — the "Personal Data Law"), clause 1.7.27 of the User Agreement of the "Boomstream" Platform, and is an integral part of the Agreement between:
The Personal Data Operator, represented by the Author who has registered an Account on the Platform and uses its services to publish, stream, or monetize content, hereinafter referred to as the "Operator", on the one hand, and
The Personal Data Processor — Limited Liability Company "HWD" (OGRN 1116193005202, INN 6161062312), registered address: 344092, Rostov Region, Rostov-on-Don, Tvorcheskaya St., 9, bldg. 1, premises N 13, represented by the General Director Aleksandr Gennadyevich Obidnov, acting on the basis of the Charter, hereinafter referred to as the "Processor", on the other hand,
hereinafter jointly referred to as the "Parties".
1. SUBJECT OF THE ASSIGNMENT
1.1. The Operator assigns to the Processor, and the Processor undertakes the obligation to process the personal data of personal data subjects (hereinafter — the "PD Subjects") — natural persons who are Buyers of the Author's Content on the "Boomstream" Platform (hereinafter — the "Buyers"), on the terms set out in this Assignment.
1.2. This Assignment applies to personal data collected by the Operator using the embedded data collection forms, payment, and password entry of the "Boomstream" Platform, as well as to personal data transferred by the Operator to the Processor for the fulfillment of obligations under Transactions with Buyers.
1.3. The Processor undertakes to process personal data solely in the interests and on behalf of the Operator, for the purposes of fulfilling obligations under the User Agreement and Transactions with Buyers.
1.4. The Processor is not entitled to independently make decisions affecting the rights and legitimate interests of PD Subjects. All actions of the Processor in processing personal data are carried out solely on the basis of the Operator's instructions, unless otherwise provided by the legislation of the Russian Federation.
1.5. In accordance with part 4 of Article 6 of Federal Law No. 152-FZ, the Processor is not obliged to obtain the consent of the personal data subject to the processing of their personal data. Obtaining such consent is the obligation of the Operator.
2. LIST (CONTENT) OF THE PERSONAL DATA PROCESSED
2.1. The Processor is entitled to process the following categories of personal data of PD Subjects:
2.1.1. Identification data:
- surname, first name, patronymic (if any);
- email address;
- contact mobile telephone number;
- Buyer identifier in the Platform's accounting system.
2.1.2. Transaction data:
- information about purchased Electronic Tickets (Content name, date and time of purchase, cost);
- status of the Electronic Ticket;
- data on subscriptions and recurring payments;
- history of Buyers' inquiries and claims.
2.1.3. Technical data:
- IP address;
- cookie data and similar technologies;
- information about the device, browser, and operating system;
- information about the PD Subject's actions on the Platform (views, purchases, settings).
2.1.4. Additional data (if any):
- data voluntarily provided by the PD Subject through data collection forms configured by the Operator;
- data necessary for the fulfillment of specific obligations under a Transaction.
2.2. The processing of special categories of personal data (racial or national origin, political views, religious or philosophical beliefs, state of health, intimate life) and biometric personal data is not carried out, except in cases expressly provided for by the legislation of the Russian Federation and explicitly agreed by the Parties in a supplementary agreement.
3. PURPOSES OF PERSONAL DATA PROCESSING
The Processor processes personal data solely for the following purposes:
| No. | Purpose of processing |
|---|---|
| 3.1 | Fulfillment of obligations under the User Agreement and Transactions between the Operator and Buyers |
| 3.2 | Issuance of Electronic Tickets and provision of access to the Operator's Content to Buyers |
| 3.3 | Processing of payments, refunds, interaction with payment providers |
| 3.4 | Technical support for the functioning of the "Boomstream" Platform and the Operator's services |
| 3.5 | Sending notifications to Buyers about the status of Transactions, technical maintenance, and changes to subscription terms |
| 3.6 | Technical support for Buyers and the handling of their inquiries |
| 3.7 | Ensuring the security of the Platform, preventing fraud and unauthorized access |
| 3.8 | Generating anonymized analytics and statistics on Transactions for the Operator |
| 3.9 | Fulfillment of the requirements of the legislation of the Russian Federation (tax, accounting, anti-money-laundering) |
| 3.10 | Storage of Transaction data for the purpose of protecting the Operator's rights in the event of disputes |
3.1. The use of personal data for the Operator's marketing purposes (sending advertising messages) is carried out only where there is separate explicit consent from the PD Subject and a direct instruction from the Operator in each specific case.
4. LIST OF ACTIONS WITH PERSONAL DATA
4.1. The Processor is entitled to carry out the following actions (operations) with personal data:
- collection;
- recording;
- systematization;
- accumulation;
- storage;
- clarification (updating, modification);
- retrieval;
- use;
- transfer (provision, access) — solely to the Operator;
- anonymization;
- blocking;
- deletion;
- destruction.
4.2. The processing of personal data is carried out with or without the use of automation tools.
4.3. The Processor is not entitled to carry out any other actions with personal data not provided for in this clause without the prior written consent of the Operator.
5. OBLIGATIONS OF THE PROCESSOR
5.1. The Processor undertakes to:
5.1.1. Process personal data solely on the basis of and in pursuance of this Assignment, the User Agreement, and the Operator's instructions. Comply with the principles and rules for processing personal data provided for by Federal Law No. 152-FZ.
5.1.2. Maintain the confidentiality of personal data and ensure its protection from unlawful or accidental access, destruction, modification, blocking, copying, provision, distribution, as well as from other unlawful actions in accordance with the requirements of Article 19 of the Personal Data Law and Resolution of the Government of the Russian Federation No. 1119 dated 01.11.2012.
5.1.3. Process only that personal data which is necessary to achieve the purposes specified in Section 3 of this Assignment, and not collect excessive data.
5.1.4. Ensure the accuracy, completeness, and relevance of personal data, and take reasonable measures for the timely deletion or correction of inaccurate or incomplete data.
5.1.5. Not transfer personal data to third parties, except in cases expressly provided for by this Assignment, the legislation of the Russian Federation, or with the written consent of the Operator.
5.1.6. Assist the Operator in fulfilling its obligations to ensure the rights of PD Subjects, including:
- providing the Operator, upon its request, with information about the processing of the personal data of a specific PD Subject;
- assisting in the exercise of PD Subjects' rights to access, clarify, block, and delete personal data;
- notifying the Operator of requests received from PD Subjects or authorized government bodies within 3 (three) business days from the moment of their receipt.
5.1.7. Immediately, but no later than 24 hours from the moment of detection, notify the Operator of the cases provided for in part 3.1 of Article 21 of Federal Law No. 152-FZ, namely:
- instances of unlawful or accidental transfer of personal data to third parties;
- information security incidents resulting in a breach of the confidentiality of personal data;
- requests received from authorized government bodies for the provision of personal data;
- detected violations in the processing of personal data.
5.1.8. At the Operator's instruction or on its own initiative, conduct an internal investigation of incidents related to the processing of personal data, and provide the Operator with the results of such an investigation.
5.1.9. Ensure the deletion or anonymization of personal data upon the achievement of the purposes of processing or upon the expiry of the storage periods established by this Assignment.
5.1.10. Upon the Operator's request during the term of this Assignment, including prior to the processing of personal data, provide the Operator with documents and other information confirming the adoption of measures and compliance, for the purposes of fulfilling this Assignment, with the requirements established by Articles 18, 18.1, and 19 of Federal Law No. 152-FZ, as well as with these Rules.
6. REQUIREMENTS FOR THE PROTECTION OF PERSONAL DATA
6.1. The Processor undertakes to implement organizational and technical measures to protect personal data in accordance with the requirements of:
- Article 19 of Federal Law No. 152-FZ;
- part 5 of Article 18 and Article 18.1 of Federal Law No. 152-FZ;
- Resolution of the Government of the Russian Federation No. 1119 dated 01.11.2012;
- the orders of the FSTEC of Russia and the FSB of Russia establishing requirements for the protection of personal data;
- the Processor's Personal Data Processing Policy, published at: https://boomstream.ru/privacy.
6.2. The Processor confirms that the following protection measures have been implemented in its information systems used to process personal data under this Assignment:
6.2.1. Organizational measures:
- appointment of a person responsible for organizing the processing of personal data;
- approval of local regulatory acts on the processing and protection of personal data;
- delineation of employees' access rights based on a role model and the principle of least privilege;
- training and certification of employees authorized to process personal data;
- maintenance of logs recording actions with personal data;
- periodic internal audit of protection measures.
6.2.2. Technical measures:
- the use of cryptographic information protection when transmitting data over open communication channels (TLS 1.2 protocol and above);
- regular backup of databases;
- the use of tools for detecting and preventing unauthorized access;
- multi-factor authentication for access to administrative interfaces;
- round-the-clock monitoring of information security events.
6.3. The Processor is entitled to apply its own technical means and methods of protection that ensure a level of protection no lower than that required in accordance with the legislation of the Russian Federation.
7. RIGHTS OF PERSONAL DATA SUBJECTS
7.1. The Processor undertakes to assist the Operator in ensuring the rights of PD Subjects provided for by Articles 14, 20, and 21 of Federal Law No. 152-FZ, including the right to:
- obtain information about the processing of their personal data;
- clarification, blocking, and destruction of personal data;
- withdraw consent to the processing of personal data;
- appeal the actions or omissions of the Processor.
7.2. Upon receipt of a request from a PD Subject directly by the Processor, the Processor is obliged to:
- notify the Operator of the receipt of the request within 3 (three) business days;
- transfer the request to the Operator for consideration on the merits, unless otherwise agreed by the Parties;
- or consider the request independently, if the Operator has authorized the Processor to do so in writing.
7.3. The Processor is obliged to provide the Operator, upon its request, with all necessary information and documents to respond to a PD Subject's request within a period not exceeding 5 (five) business days from the moment of receipt of the Operator's request.
8. PERIODS OF PROCESSING AND STORAGE OF PERSONAL DATA
8.1. The processing of personal data is carried out during the term of the User Agreement and this Assignment, as well as for 3 (three) years after their termination, unless a longer period is established by the legislation of the Russian Federation.
8.2. Personal data processed to fulfill the requirements of legislation (tax, accounting) is stored for the periods established by the relevant legislation, but not less than:
- 5 (five) years — for data related to financial and economic activity;
- 3 (three) years — for data related to Transactions and Buyers' claims.
8.3. Personal data processed on the basis of the PD Subject's consent (for example, for marketing mailings) is stored until such consent is withdrawn.
8.4. Upon the expiry of the specified periods, personal data is subject to anonymization or destruction within 30 (thirty) calendar days, unless otherwise provided by the legislation of the Russian Federation.
9. CONFIDENTIALITY
9.1. The Processor undertakes to maintain the confidentiality of personal data and not to disclose it to third parties, except in cases expressly provided for by this Assignment and the legislation of the Russian Federation.
9.2. The confidentiality obligations apply to all employees of the Processor involved in the processing of personal data.
9.3. The confidentiality obligations remain in force during the term of this Assignment and for 3 (three) years after its termination.
10. LIABILITY OF THE PARTIES
10.1. In accordance with part 5 of Article 6 of Federal Law No. 152-FZ, the Operator bears liability to the personal data subject for the actions (omissions) of the Processor. The Processor bears liability to the Operator in accordance with the terms of this Assignment and the legislation of the Russian Federation.
10.2. The Processor bears liability to the Operator for:
- breach of the terms of this Assignment;
- non-compliance with the requirements of personal data legislation;
- causing losses to the Operator arising from the unlawful processing of personal data;
- breach of the confidentiality of personal data;
- failure to take the necessary measures to protect personal data.
10.3. The Processor is not liable for violations arising from:
- the execution of the Operator's instructions that contradict personal data legislation (provided that the Operator has been notified of such a contradiction);
- the actions of third parties who are not employees or representatives of the Processor;
- force majeure circumstances.
11. TERM OF THE ASSIGNMENT
11.1. This Assignment enters into force from the moment of its acceptance by the Processor and is valid until the Parties have fully fulfilled their obligations.
11.2. This Assignment is valid for the entire term of the User Agreement and is automatically renewed for each subsequent calendar year, unless either Party declares its termination.
11.3. This Assignment may be amended or supplemented by agreement of the Parties in writing.
12. TERMINATION OF THE ASSIGNMENT
12.1. The grounds for terminating this Assignment are:
- termination of the User Agreement;
- withdrawal of the Assignment by the Operator unilaterally;
- liquidation or reorganization of the Processor;
- declaration of the Processor as insolvent (bankrupt).
12.2. In the event of termination of this Assignment, the Processor is obliged, in accordance with clause 7 of the Privacy Policy https://boomstream.ru/privacy, to:
- cease the processing of personal data within 10 (ten) business days from the moment of termination;
- delete personal data from all information systems, backups, and archives, except in cases where storage is provided for by the legislation of the Russian Federation.
12.3. Termination of this Assignment does not release the Processor from the obligations to maintain the confidentiality of personal data assumed in accordance with Section 9 of this Assignment.
13. PROCEDURE FOR ACCEPTING THE ASSIGNMENT
13.1. This Assignment is an annex to the User Agreement and is accepted by the Author (Operator) simultaneously with the acceptance of the User Agreement by performing implied actions.
13.2. Acceptance of this Assignment may be carried out:
- by checking the relevant box in the Personal Account on the "Boomstream" Platform;
- by sending the Processor a signed statement of acceptance from the email address used to register the Author's account;
- by exchanging electronic documents through an electronic document management (EDM) operator.
14. APPLICABLE LAW AND DISPUTE RESOLUTION
14.1. This Assignment is governed by the legislation of the Russian Federation.
14.2. All disputes arising from or in connection with this Assignment are resolved in the manner provided for in Section 1.14 of the User Agreement.
