PUBLIC AGREEMENT FOR THE PROVISION OF SERVICES OF SMS BY LLC

Reporting period – a calendar month during which the End User was provided Services under this Agreement.

User's Personal Account - a multifunctional virtual desktop of the End User, access to which is carried out after authorization - entering the login and password. Within the personal account, the End User selects specific Services, initiates the sending/receiving of Electronic Messages, generates reports on the status of each sent/received Electronic Message, etc., and also receives information on the list of Services, Tariffs, payment crediting, the status of the personal Electronic virtual account, and other data within the framework of the provision of Services under this Agreement.

SMS message - a short text message that can be sent and received by the Subscriber from/to the Mobile Terminal.

MMS message - a multimedia (images, melodies, video) message (up to 300 KB) that can be sent and received by the Subscriber on the Mobile Terminal.

IM messages (Instant Messaging) - an electronic message that can be received by the Subscriber through a specially installed application ("messenger") on the Mobile Terminal.

Voice mailing - an incoming call to the Subscriber's phone with a pre-prepared electronic message, provided by the Contractor and carried out by the Communications Operator.

Cascade mailing is a method of sequential use of different channels for sending electronic messages, created by the End User within the personal account in the Contractor's software.

Electronic Message – SMS messages, MMS messages, IM messages, Email messages in the terms defined by this Agreement or other messages, the sending of which is ensured by the Contractor within the framework of its Software.

Electronic virtual account - a software application in the Contractor's software for automatic accounting of receipt and expenditure of funds in the Personal Account of the End User.

E-mail box - an area on the hard disk of a mail server, where messages received at a specific e-mail address (Contact E-mail) are copied and stored.

Spam - sending Messages without the prior written consent of the Subscriber within the framework of the legislation of the Republic of Belarus, and/or sending Messages to Subscribers who have expressed a refusal to receive such Messages, and/or sending Messages that deliberately mislead Subscribers regarding the content of the said messages/requests or their sender, and/or sending Messages with the same text to the same addressee more than 10 (ten) times a day, and/or sending Messages that do not contain reliable Contact Information, and/or sending Messages, the receipt of which the Subscriber cannot stop by informing the End User about it.

Subscriber/Subscriber - an individual or legal entity using the cellular mobile telecommunications services of one of the Communications Operators, or using e-mail to receive E-mail messages, as well as through instant messengers and social networks and having expressed written consent to receive Messages from the End User.

Sender's Address - an alphanumeric signature that the End User assigns to the Message when sending it to the Subscriber's Mobile Terminal / Email Mailbox, in any other messenger or social network. The Sender's Address must consist exclusively of numbers and/or letters of the Latin alphabet and cannot be longer than 11 (eleven) characters. The Sender's Address is allocated based on the End User's application, sent in any form via the personal account in the Contractor's software. The final connection of the Sender's Address occurs after its approval by the relevant Communications Operator. The criteria for classifying unique identification codes as national and international are set out in Appendix 1 to this Agreement and are an integral part thereof.

Viber Message - A Message initiated by the End User and delivered via the Viber Application to a Subscriber who has provided consent to the End User to receive such Message. Such Message may contain text (up to 1000 characters in any language), images, buttons (URL links) in any combination.

Viber application is a mobile platform developed by Viber Media S.à.rl, which consists of a VoIP system, messaging service, groups and other communication tools that can be installed on a mobile, tablet and desktop device.

WhatsApp Message - A Message initiated by the End User and delivered via the WhatsApp Application to a Subscriber who has provided consent to the End User to receive such Message. Such Message may contain text (up to 1000 characters in any language), images, buttons (URL links) in any combination.

WhatsApp is a mobile platform developed by WhatsApp LLC that consists of an IP system, messaging service, groups and other communication tools that can be installed on a mobile, tablet and desktop device.

VK and OK Message - A Message initiated by the End User and delivered via software to a Subscriber who has provided consent to the End User to receive such Message.

Social networks VK and OK are information systems and (or) programs for electronic computers belonging to Mail.ru Group, which are intended for the exchange of messages, groups and other means of interaction that can be installed on a mobile, tablet and desktop device.

The SMS.BY - Viber application for Bitrix24 is an electronic message initiated by the End User and delivered via the 1C-Bitrix24 software to the Subscriber who has given the End User consent to receive such a Message. Such a Message may contain text (up to 1000 characters in any language), images, buttons (URL links) in any combination.

The SMS.BY application for Bitrix24 is an electronic message initiated by the End User and delivered via the 1C-Bitrix24 software to the Subscriber who has given the End User consent to receive such a Message. Such a Message may contain text (up to 1000 characters in any language), images, buttons (URL links) in any combination.

Computer software "1C-Bitrix24" - (both as a whole and its components), which is a set of data and commands presented in objective form, including source text, database, audiovisual works included by 1C-Bitrix in the composition of the specified computer program, as well as any documentation on its use. This software is installed on mobile devices, tablets, desktop devices.

S-chat is the Contractor's program for electronic computers (ECM) "Business Chat", presented in objective form as a set of data and commands intended for the operation of the computer and other computer devices in order to obtain a certain result, including the audiovisual displays generated by it, the documentation accompanying it, as well as its updates installed on the servers and in the network of the Contractor, access to which is carried out using authorization in the Contractor's software located at https://app.sms.by, with the help of which the End User can carry out Electronic mailings, as well as use other functional capabilities of the software provided by it.

Communication operator - a legal entity providing cellular mobile telecommunications services.

Mobile Terminals - technical means that allow the use of cellular mobile telecommunications services.

Transactional SMS messages - SMS messages that are sent to Subscribers to inform them about transactions they have made using an electronic means of payment and for the purposes of fulfilling the requirements of the legislation of the Republic of Belarus.

Service SMS messages - messages related to operations on provision/rendering of the service/service of the End User and informing the Subscriber about events and/or operations within the framework of this service/service. Sending service SMS messages is possible subject to preliminary provision of templates of such messages for their approval by the Communication Operators.

Identification messages (authorization messages) - messages from the End User, the content of which is aimed at communicating to a specific Subscriber the information necessary for such Subscriber to undergo various authorization procedures, verification, confirmation of any actions/operations or provision of consents, corresponding to the one agreed upon by the End User with the Operator, through the User's personal account in the Contractor's software, as a template for identification messages. Identification messages may include various verification codes, passwords, etc., with the exception of codes used for advertising purposes (for example, promotional codes for receiving certificates, bonuses, discounts and other types of incentives).

Advertising messages - messages that are sent to Subscribers and do not fall under any Template (identification, transactional or service). If the template of an identification message, transactional message and/or service message contains advertising information, such message will not be classified as an identification message, transactional message and/or service message.

Contact information - the name of the organization and/or brand, and/or website, and/or address, and/or contact number of the help desk, by which the Subscriber can obtain additional information on the content of the Messages received.

Contractor's Website, Website - the official Website of the Contractor, located at https://www.sms.by.

Rates - a list of Services posted on the Contractor's Website https://www.sms.by (and in the personal account) indicating their cost.

Invoice - a document on the basis of which the Contractor (or another person with the appropriate rights) has granted the End User the right to use the Software under the terms of this Agreement, and also determines the cost, functionality of the Software and other conditions mentioned in the Agreement. The invoice may provide for both a fixed fee for using the Software for a certain period of time, and a fee for performing certain actions using the Software or the Software Online Services (for example, sending a Message).

Voice message - an electronic message provided by the End User or generated machine-readable by the Contractor's software based on the text provided by the End User and transmitted within the framework of a telephone connection established between the Subscriber and the Operator's Communication Node.

Operator communication node - a software and hardware complex implementing the functionality of receiving and transmitting Messages when providing services by the Operator.

Flash Call is a way to authenticate users by receiving a password via an incoming call.

Spam Complaint is a notification from a Subscriber or an anti-spam organization about the receipt of unwanted correspondence by their users; blocking of mail servers and URL addresses of the Contractor on major Internet resources; receipt of an FBL complaint from the recipient's mail server.

FBL - a technology whereby the Contractor is notified by the Subscriber's mail server of the latter's complaint about receiving an unwanted Message from the End User. As a rule, this event occurs when the Message recipient clicks the "This is spam" button.

2.1. Within the framework of this Agreement, the Contractor undertakes to provide the End User with services for organizing the provision of access to the CDP & Marketing Platform software (hereinafter referred to as the Services) for the implementation of email and/or SMS mailings and/or the Viber Application and/or via the Chatbot and/or the WhatApp Application and/or the VKontakte social network and/or the Odnoklassniki social network and/or the Instagram social network and/or the Facebook social network or Business Chat (S-chat) and/or via voice mailings and/or Cascade mailings, generating reports, receiving statistics and the service of registering the sender's name with Mobile Operators and/or the Viber Service Provider, as well as other related services, and the End User undertakes to accept the rendered Services and pay for them in accordance with the terms of this Agreement.

2.2. Within the framework of this Agreement, the following types of Messages generated by the End User are used: service messages, transaction messages, identification messages, advertising messages.

2.3. The current list of Services provided by the Contractor with prices, posted on the Contractor's Website, as well as the Appendices to the Agreement, are an integral part of this Agreement.

2.4. The Contractor reserves the right to make changes to the Public Offer Agreement, in connection with which the End User undertakes to familiarize himself with the current version of the Agreement and other information before receiving the Services.

3.1. This Agreement is a public agreement (Article 396 of the Civil Code of the Republic of Belarus) according to which the Contractor undertakes the obligation to provide Services and carries them out in relation to any legal entity, individual entrepreneur, or individual.

3.2. The posting of this Agreement on the Contractor's Website is a public offer by the Contractor to conclude this Agreement addressed to an indefinite number of persons (clause 2, Article 407 of the Civil Code of the Republic of Belarus).

3.3. The conclusion of the Agreement occurs through the End User’s accession to the proposed Agreement, i.e. through the End User’s acceptance of the terms of this Agreement as a whole, without any conditions, exceptions or reservations (Article 398 of the Civil Code of the Republic of Belarus).

3.4. The fact of acceptance by the End User of the terms of this Agreement is the creation of an Account in the User's Personal Account in the CDP & Marketing Platform software or payment by the End User for the services ordered by him in the manner and on the terms specified in this Agreement (depending on which of these actions was performed earlier (clause 3 of Article 408 of the Civil Code of the Republic of Belarus).

3.5. The Agreement is valid from the moment of registration in the software platform "CDP & Marketing Platform" and (or) payment for services under this Agreement, and until the moment of completion of obligations and in the event of non-receipt of payment within the established billing period.

3.6. This Agreement, subject to compliance with the procedure for its acceptance provided for in paragraph 3.4. of the Agreement, is considered to be concluded in simple written form (paragraph 2, paragraph 3 of Article 404 and paragraph 3 of Article 408 of the Civil Code of the Republic of Belarus).

3.7. The Parties unconditionally agree that this Agreement is concluded at the legal address of the Contractor.

4.1. The Contractor is obliged to:

4.1.1. Provide the End User with Services in accordance with the Agreement, using its own efforts and/or the efforts of third parties engaged by the Contractor to fulfill its obligations under this Agreement.

4.1.2. By posting on the Site, provide the End User with reliable information about the nature, scope of the Services provided, the location and methods of their provision, the cost of the Services, the terms of payment (if they differ from those specified above) and other information necessary within the framework of the fulfillment of the terms of this Agreement.

4.1.3. To organize uninterrupted access to the Personal Account of the CDP & Marketing Platform software for the End User to carry out mailings, namely, by Email and/or SMS and/or Viber Application and/or via Chat Bot and/or WhatApp Application and/or VKontakte social network and/or Odnoklassniki social network and/or Instagram social network and/or Facebook social network or Business Chat (S-chat) and/or via voice mailing and/or Cascade mailings, generating reports, receiving statistics and the service of registering the sender's name with Mobile Operators and/or Viber Service Provider, as well as other related services during the term of this Agreement, with the exception of preventive maintenance, or cases of problems with the power supply, fire, terrorist act and other force majeure circumstances, the occurrence of which the Contractor could not foresee and/or prevent.

4.1.4. Promptly inform the End User about planned periods of unavailability of its technological equipment used in the provision of Services.

4.1.5. Conduct scheduled repair and maintenance work on your equipment during off-peak hours (from 21:00 to 09:00).

4.2. The Contractor has the right to:

4.2.1. Restrict the End User's access to the Personal Account during maintenance work. The time for maintenance work should not exceed 5 (five) hours within one month. The Contractor notifies the End User of maintenance work at least 24 (twenty-four) hours before it is carried out.

4.2.2. Block the Personal Account of the End User or suspend the provision of Services if the latter sends Electronic Messages that meet the criteria of Spam, Electronic Messages of a fraudulent, offensive or slanderous nature, inciting national, racial or religious hatred, Electronic Messages of a pornographic nature or otherwise violating the current legislation of the Republic of Belarus and the terms of this Agreement, as well as in cases of receiving numerous complaints from Subscribers about the End User's mailings (more than 5 within one month).

4.2.3. To reset the balance on the Electronic Virtual Account, delete the End User's Personal Account from the CDP & Marketing Platform and terminate this Agreement in the event of no transactions within the User's Personal Account for 365 (three hundred sixty-five) calendar days from the moment of the End User's last actions in the User's Personal Account. If necessary, the User's Personal Account may be restored upon a written request from the End User.

4.2.4. Refuse to assign the Sender's Address to the End User in the event of violation of clause 4.3.6. of this Agreement.

4.2.5. Delete the Sender Addresses assigned to the End User in the Personal Account (if there are more than 1 (one) of them), if the End User does not use the Sender Addresses for more than 6 (six) months, without the consent of the User.

4.2.6. Unilaterally change the cost of rendering Services, including in cases of changes in legislation on taxation, tariffs, fees, pricing, etc., current tariffs of Communication Operators, with prior notification of the End User via Contact E-mail 3 (working) days before the date of entry into force of the changed cost and publication of the new cost on the Site, while:
if the End User continues to use the Services, this is recognized as his/her consent to the new Tariffs and conditions specified on the Contractor’s website.
if the End User does not agree with the new Tariffs, he/she shall stop using the Services and notify the Contractor thereof via the Contact E-mail within 2 (two) business days from the moment of receipt of the notification from the Contractor. In this case, the Contractor shall block the User's Personal Account.

4.2.7. Use the services of any individuals and legal entities for the purpose of timely and high-quality fulfillment of obligations under the Agreement.

4.2.8. Use the End User's legal name, brand name and logo in the portfolio free of charge.

4.2.9. Unilaterally make changes and additions to this Agreement, of which the End User is considered to be duly notified, from the moment the amended version of the Agreement is published on the Site.

4.2.10. Conduct verification of the Sender Addresses used by the End User, the text and quantity of the Electronic Messages sent during the Reporting Period.

4.2.11. In the event of a request from the Communication Operators to the Contractor, require the End User to provide written evidence of the Subscriber’s consent/refusal in accordance with the legislation of the Republic of Belarus to receive Electronic Messages.

4.2.12. The Contractor reserves all rights that are not expressly granted to the End User by this Agreement. The Software is not transferred to the End User's ownership or disposal and the End User is not permitted to sell or otherwise alienate rights to the Software.

4.3. The End User is obliged to:

4.3.1. Independently familiarize yourself on the Site with the official information about the services, rules for the provision of services, the terms of the Agreement and monitor their updates.

4.3.2. After the End User independently creates an order for Electronic mailing through the Personal Account, provided that the Contractor receives from the User an advance payment for the right to use the software in the form of a Remuneration, the User independently creates the specified order for sending, it is automatically queued for processing, the duration of which cannot exceed 24 (twenty-four) hours from the moment the End User creates the corresponding order.

4.3.3. Independently and at your own expense, you must first obtain from the Subscriber, to whose Mobile Terminal/E-mailbox you plan to send Electronic Messages, written consent to receive such Messages. It is strictly forbidden to use “extended” number bases for sending Messages (using automatic number selection).

4.3.4. The End User acknowledges and agrees that after the TTL for a Viber Email has expired and after a replacement message has been sent to the Subscriber, the Subscriber may continue to receive such messages originally sent, even if an SMS with the same content has already been delivered. The reason for such delivery lies in the Viber platform, which will attempt to deliver such message within fourteen (14) calendar days or any other period that may be modified by Viber Media S.à.rl from time to time depending on its technical capabilities.

4.3.5. In the event of a request from the Communication Operators to the Contractor, within 2 (two) business days after receiving the Contractor’s request, provide the Contractor with written evidence of the Subscriber’s consent/refusal in accordance with the legislation of the Republic of Belarus to receive Electronic Messages.

4.3.6. Do not assign to Electronic Messages, as the Sender Address:
the name of any legal entity (mobile operator, banking, insurance structures, state and government agencies, etc.) to which the End User has no relation, except in cases where the legality of using such Sender Address is documented by the legal entity itself;
obscene words and expressions (in any language), or words consonant with them (orthoepic), or other words of offensive content, including, but not limited to, words that offend national, religious or other feelings.

4.3.7. Not to use the connection to the CDP & Marketing Platform: for sending SPAM messages, for the intentional transmission of Electronic Messages, as well as HLR requests that may lead to a disruption of the SMS Platform, for the transmission of Electronic Messages of an offensive or defamatory nature, or Electronic Messages inciting national, racial or religious hatred, as well as not to facilitate possible attempts to use the connection to the CDP & Marketing Platform in this way by third parties.

4.3.8. Strictly comply with the rules for the provision of Services established by these Agreements and the current legislation of the Republic of Belarus.

4.3.9. Strictly comply with the current legislation of the country to which SMS mailing is carried out, in the case of SMS mailing to countries other than the Republic of Belarus.

4.3.10. Strictly comply with the policy regarding the processing of personal data, located at https://sms.by/policy, the anti-spam policy, located at https://sms.by/anti-spam-sms-by, the policy regarding the processing of cookies, located at https://sms.by/cookies, the refund policy, located at https://sms.by/refund.

4.4. The End User has the right to:

4.4.1. Receive the necessary information about the procedure and progress of the provision of Services.

4.4.2. Initiate sending SMS mailings and other electronic messages to other countries by sending a request to the e-mail address sms@sms.by. The cost of the Electronic mailing depends on the selected country and the Communications Operator. The End User bears full responsibility in accordance with the legislation of the country to which this mailing is carried out.

4.4.3. Monitor the quality of the Services provided by the Contractor without interfering with its activities.

4.4.4. Contact the Contractor for the purpose of receiving technical and other advisory support related to the use of the Software.

5.1. The End User shall pay for the Services provided under this Agreement in accordance with this Agreement and the current Tariffs posted on the Contractor’s Website.

5.2. Messages are subject to tariffing from the moment they are sent by the End User.

5.3. Payment for all Services provided by the End User is made in Belarusian rubles to the Contractor’s bank account.

5.4. Payment is made on the basis of the issued (generated) Invoice on the Contractor's website by transferring 100% prepayment of non-cash funds to the bank account. The date of payment is the date of crediting funds to the Contractor's bank account.

5.5. At the end of each reporting period, the Contractor and the End User shall individually draw up a certificate of services rendered on the basis of paragraph 1 of the Resolution of the Ministry of Finance of the Republic of Belarus dated 12.02.2018 No. 13 "On the sole preparation of primary accounting documents and the recognition of the Resolution of the Ministry of Finance of the Republic of Belarus dated December 21, 2015 No. 58 as invalid" (as amended by the Resolution dated 29.12.2023 No. 79). The reporting period is a calendar month (from the first to the last day of the month) until the 10th day of each month following the reporting month, for the amount of services rendered.

5.6. In the event of any claims or objections, the End User shall send a written claim to the Contractor in accordance with clause 6.5 and section 10 of the Agreement.

6.1. When registering a Personal Account, the End User receives authorization data: a personal login and password for entering the Personal Account. When first entering the Personal Account, the End User is advised to change the password.

6.2. The End User initiates the provision of Services by sending a command to send or receive Messages via the WEB interface of the User’s Personal Account, or via data transfer protocols: SMTP, HTTP/XML, SMPP 3.4, APPI.

6.3. An SMS message can be composed in three formats: Unicode (including Cyrillic), 7bit (Latin text and most symbols) and Binary (binary data without interpretation). An SMS message with a character count exceeding the standard established for the relevant format is divided into several SMS messages (segments). In this case, the fee for the Services is charged for each segment. The standard number of characters in one SMS message:
"Unicode" - 70 characters for text that fits into one SMS message and 67/66 characters (depending on the format used) for text that fits into two or more SMS messages (for example, text 135 characters long is considered as 3 SMS messages). In this case, the characters "^", "{", "}", "\", "[", "]", "~", "€", "`" are considered two characters;
"7bit" - 160 characters for text that fits into one SMS message and 153/152 characters (depending on the format used) for text that fits into two or more SMS messages (for example, text 310 characters long is counted as 3 SMS messages);
"Binary" – 140 bytes for information that fits into one SMS message and 134/133 bytes (depending on the format used) for information that fits into two or more SMS messages.

6.4. The Contractor guarantees the correct sending of Electronic Messages only to telephone numbers in international format.

6.5. The Contractor shall accept End User claims regarding the Services provided for consideration in writing and to the Contractor's Contact E-mail no later than 3 (three) business days from the moment the dispute arises. This period is determined by the technical parameters of the Services provided and is related to the storage period of the dump file (network activity file) on the side of the Communications Operator. The period for consideration of the End User's claim shall not exceed 10 (ten) business days.

6.6. The Contractor's technical support service operates 24/7. Interaction with the Contractor's technical support service is carried out by e-mail: sms@sms.by.

6.7. The quality of delivery of Electronic Messages may be adversely affected by factors such as:
delivery of Electronic Messages to Subscribers of Communication Operators is possible only within the radio coverage area of the base stations of the corresponding communication networks;
the quality of the Services for the delivery of messages may be adversely affected by such factors as physical barriers that impede the propagation of radio waves, weather and atmospheric phenomena, cases of radio interference, as well as accidents in telecommunication networks to which the Contractor is connected; the Subscriber's mobile terminal may be switched off at the time of message delivery.

6.8. The End User undertakes to allocate a fixed IP address, which will be used only for sending Electronic Messages using the Operator’s Network and to exclude the possibility of sending Electronic Messages to the specified IP address to any other persons.

6.9. In the event of sending more than 500,000 (five hundred thousand) Electronic Messages during one calendar day, the End User is obliged to notify the Contractor’s representative responsible for interaction and maintenance via e-mail.
The End User may send Electronic Messages at any time between 09:00 and 21:00, seven days a week. The End User may send Electronic Messages between 21:00 and 09:00, seven days a week, if such Electronic Messages are initiated by actions performed by Users.

6.10. The End User undertakes to send a request(s) to delete, add, or replace the Sender Address(es) to the email address of the responsible employee of the Contractor.

6.11. The End User undertakes to use Contact Information in all messages. The exception is the case when the Sender Address(es) from which the Electronic Messages are sent contains Contact Information.

6.12. The End User guarantees that Electronic Messages sent to Users under this Agreement do not contain: false information; confidential information, as defined in Section 7 of this Agreement; information that violates copyright; information, the disclosure and/or distribution of which is prohibited by the legislation of the Republic of Belarus.

6.13. The End User is obliged to generate orders for sending any types of Electronic Messages only if there is consent to receive such Electronic Messages from Subscribers/Subscribers. The User independently and at his own expense obtains such consents in advance, settles claims of any third parties, including recipients of Electronic Messages, government authorities on all issues arising from the User's violation of the terms of this Agreement.

6.14. The End User is responsible for the compliance of the content of Electronic Messages with the current Legislation of the Republic of Belarus.

6.15. If the data on the total number of Electronic Messages generated by the User from the Sender Address allocated under the Agreement coincide with an accuracy of 3 (three) percent, the Contractor’s data shall be used for mutual settlements.

6.16. In case of discrepancy in the data on the total number of all Electronic Messages generated by the End User from the Sender Address allocated under the Agreement by more than 5 (five) percent, respectively, the Parties shall conduct an additional verification of the data. If the Parties do not reach an agreement, the Contractor's data shall be taken as the basis for mutual settlements.

6.17. If it is necessary to conduct additional verification of data after the expiration of the term, the Certificate of acceptance and transfer of services rendered is drawn up using the Contractor's data. If, during the additional verification, incorrectness of the Contractor's data is revealed, the adjustment is made in the month following the reporting month.

7.1. All terms of this Agreement, additional agreements and appendices, as well as any information and data received by the Parties in connection with the execution of this Agreement, are strictly confidential and are not subject to disclosure or transfer to third parties not associated with the execution of this Agreement, except in cases where the disclosure of such information to the competent authorities is mandatory in accordance with the legislation of the Republic of Belarus.

7.2. The Parties undertake to maintain strict confidentiality and take all possible actions no less than those actions that each Party takes to protect its own information constituting a commercial secret, to protect confidentiality and prevent unauthorized use, disclosure, publication or distribution of information constituting a commercial secret, except for cases stipulated by the current legislation of the Republic of Belarus during the term of this Agreement and after its termination for an unlimited time.

7.3. The Parties are obliged to observe the Confidentiality Regime with respect to any Confidential Information, regardless of whether it is presented orally, in writing, electronically, or on any tangible medium.

7.4. If one of the Parties fails to fulfill the obligations stipulated by Section 6 of this Agreement, the violating Party undertakes to compensate the injured Party for the losses caused by such violation.

8.1. The Parties shall be liable in accordance with this Agreement and the current legislation of the Republic of Belarus.

8.2. The End User bears full responsibility for the content, accuracy, completeness, legality of the information in the Messages and the assigned Sender Address, and the End User undertakes to independently resolve all issues related to the origin and content of this information. The End User ensures the protection of the Contractor from any claims, administrative and judicial proceedings, claims from government (supervisory) bodies, Subscribers, Communications Operators and other third parties related to the violation by the End User of the obligations established by this Agreement, including due to the absence of documents confirming the preliminary consent of Subscribers to receive Messages.

8.3. The End User guarantees full compensation for any expenses incurred by the Contractor related to the User's violation of the terms of the Agreement, including the absence of documents that allow for the unambiguous establishment of the Subscriber's prior consent to receive Electronic Messages from the End User, fines from Communication Operators, administrative fines, and legal costs. In the event of failure to fulfill or improper fulfillment of obligations under the Agreement, the End User shall compensate for the actual damage caused by this and shall be liable in accordance with applicable law.

8.4. The Contractor does not provide any other warranties, expressed or implied, including warranties for the use of the Services for specific purposes, except for warranties expressly stated in the Agreement.

8.5. Neither Party shall under any circumstances bear any liability to the other Party for any interruption of production, lost business, loss of data, lost profits, damage to reputation or any other indirect losses or their consequences, including those arising as a result of interruptions in the provision of Services or technical failures, regardless of whether or not the Party could foresee the possibility of such losses in a particular situation.

8.6. In case of violation by the End User of the terms of payment for the Services stipulated by the Agreement, the selected Tariff, the Contractor has the right to present the End User with a claim for payment of a penalty in the amount of 0.2% (zero point two) of the cost of the Services rendered but unpaid for each day of bank delay in the fulfillment of obligations, in accordance with Art. 311 of the Civil Code of the Republic of Belarus. The actual damage caused by the guilty Party is subject to recovery in full in excess of the amounts of penalties stipulated by the Agreement.

8.7. The demand for payment of the penalty must be made in writing and signed by an authorized representative of the Contractor. In the absence of a properly executed demand, the penalty is not accrued and not paid.

8.8. Payment of penalties provided for by the Agreement does not release the guilty Party from paying off the debt for Services already rendered and from the fulfillment by the Parties of their obligations under this Agreement.

8.9. The Contractor undertakes to independently, or with the involvement of third parties, consider all complaints and claims regarding the Services that have arisen among Subscribers through no fault of the End User.

8.10. The End User is fully responsible for storing the password and ensuring that the password to the Personal Account is not accessible to third parties. The Contractor does not have information about the End User's password to the user's Personal Account. The Contractor shall not be liable to the latter for any losses incurred by the User in connection with the loss of the password or the availability of the password to third parties.

8.11. The Contractor shall not be liable for the failure to deliver any Electronic Message if the Subscriber has not activated his/her Mobile Communication Device or if such Mobile Communication Device is unable to receive such Electronic Message, or for any reason resulting from the inability of the Subscriber's Mobile Communication Device to receive such Electronic Message.

8.12. The Party that has violated Section 6 “Confidentiality” is obliged to take all possible measures as soon as possible aimed at restoring the situation that existed before the violation and minimizing the negative consequences of such violation for the other Party.

9.1. The Parties shall be released from liability for partial or complete failure to fulfill their obligations under this Agreement if such failure was the result of force majeure, i.e. extraordinary and unavoidable circumstances under the given conditions. Such circumstances include, in particular: fire, flood, earthquake, military action, actions and regulatory instructions of state bodies that are binding on at least one of the Parties, arising after the conclusion of the Agreement, provided that these circumstances directly affected the fulfillment by the Parties of their obligations.

9.2. The Party referring to force majeure circumstances is obliged to immediately, but not later than 48 hours, inform the other Party of the occurrence and termination of such circumstances and of their impact on the ability to fulfill the obligation in writing. The Party referring to the force majeure circumstance must provide the other Party with a document issued by the Chamber of Commerce and Industry of the Republic of Belarus, which confirms the occurrence and existence of the force majeure circumstance. Such grounds for exemption from liability shall be effective from the moment the force majeure circumstance occurs.

9.3. Force majeure postpones the fulfillment of obligations for the period during which such force majeure occurs. If such a state of non-fulfillment by either Party of obligations arising from this Agreement lasts more than two months, the Parties shall enter into an additional Agreement on termination of the Agreement and settlement of accounts due to the impossibility of fulfilling their obligations under this Agreement.

10.1. The Parties acknowledge that under this Agreement the Contractor provides only the technical capability for sending Electronic Messages, and the End User is an advertising distributor and bears full responsibility for compliance with the legislation of the Republic of Belarus, including: the Law of the Republic of Belarus of 10.05.2007 No. 225-Z "On Advertising", the Law of the Republic of Belarus of 10.11.2008 No. 455-Z "On Information, Informatization and Information Protection", the Law of the Republic of Belarus of 09.01.2002 No. 90-Z "On Protection of Consumer Rights".

10.2. In the event that a written or oral request, claim, complaint, or order is sent to the Contractor concerning Electronic Messages transmitted by the End User when using the Contractor's equipment, if such request was received from the Subscriber, the Communications Operator, the antimonopoly authority, other government agencies, or other interested parties, the Contractor shall immediately transfer the received information to the User. The End User, in turn, shall, within a period of no more than 2 (two) business days, verify the validity of the request and undertake to provide an official response in writing to the Contractor regarding this request. This period is conditioned by similar obligations to the Communications Operator regarding the deadline for providing documents.

10.3. The End User, at the first request of the Contractor, provides the Contractor with data that allows for the unambiguous establishment of the presence of the Subscriber’s prior consent to receive Electronic Messages from the End User.

10.4. Until the moment of receiving a response to the appeal from the End User, the Contractor may demand that the latter immediately stop the transmission of Electronic Messages for which the complaint/appeal was received, and if immediate stop is impossible, temporarily blocks the Personal Account. Restrictive measures taken by the Contractor are lifted after the violation has been eliminated, if such was detected, or after confirmation that there was no violation.

10.5. In order to expedite work on the request of the Subscriber or other interested party, the exchange of documents between the Contractor and the End User by fax or Contact E-mail is permitted in accordance with the contact information specified in this Agreement.

11.1. The claim procedure for pre-trial settlement of disputes arising from the Agreement (including additional agreements/appendices) is mandatory for the Parties. The period for consideration of a claim letter is 10 (ten) business days from the day following the day of receipt of the latter by the addressee.

11.2. If the Parties fail to reach an agreement through negotiations, the dispute shall be referred for consideration to the Economic Court of the City of Minsk.

12.1. This Agreement may be terminated early by mutual agreement of the parties, as well as at the initiative of one of the parties in the event of failure by the other party to comply with the terms of this Agreement.

12.2. Unilateral termination of the Agreement shall be made only upon prior written notice to the other Party 30 (thirty) calendar days prior to the date of termination of the Agreement.

12.3. Termination of this Agreement does not release the Parties from the obligation to fully repay the debt, if any, for the entire period prior to the date of termination of this Agreement.

12.4. Upon termination of this Agreement, the Contractor shall withdraw the Sender Addresses from the End User's use. Further use of the Sender Addresses by the User shall cease.

13.1. Scanned electronic or facsimile copies of documents signed by an authorized representative and certified by a seal imprint, sent from the Contractor/End User's Contact E-mail to the Contractor/End User's Contact E-mail, have the same legal force as if these documents were sent on paper. However, in the event of a disagreement, documents signed by an authorized representative of the Parties and certified by a seal imprint in documentary form shall prevail.

13.2. The Parties undertake to notify in writing of all changes in the name, organizational and legal form, legal address, actual address of location and postal address, banking and other details within 2 (two) days from the date of change of the specified data.

Legal and postal address: 220013, Minsk,
Kulman st., bldg. 1, building 3, room 1 (room 244)
UNP 192285765
Contact E-mail: sms@sms.by
tel.: 8–029–895–55–57
Bank details:
account BY18AKBB30120000192680000000
in the Central Bank of Belarus No. 511 of JSC “ASB Belarusbank”
BIC: AKBBBY2X
Bank address: 220037, Minsk,
st. Dolgobrodskaya, 1
Director /I.I.Shavel/

Appendix No. 1

Procedure for Providing National Codes

The Parties hereby agree that the use of national unique identification codes is subject to the receipt of preliminary approval by the Contractor (after its approval by the relevant Communications Operator, which determines which category to assign a particular unique identification code to) taking into account this Appendix.

The procedure for obtaining approval for national unique identification codes: in the request sent in accordance with this Agreement, the End User makes a proposal to include unique identification codes in the list of national ones. The End User receives the right to use the corresponding national unique identification code only after receiving approval from the Contractor.

The following unique identification codes cannot be classified as national: the unique identification code uses a designation from a trademark (service mark, brand, slogan) or a designation that is similar to it to the point of confusion, which are used by international payment systems (for example, Visa, MasterCard, AmExpress, etc.), international electronic wallets and/or settlement systems (for example, WebMoney, Qiwi Wallet, etc.), international platforms for processing electronic payments (for example, PayPal, etc.), international social networks (for example, facebook, vkontakte, Google+, odnoklassniki, twitter, instagram, fotostrana, etc.), international OTT applications (for example, Skype, Viber, WhatsApp, etc.), international online gaming services (for example, World of Tanks, Gameserver, mobitva.com, etc.), international email services and/or file sharing services, and/or search engines (for example, Mail.Ru, Yahoo, Rumbler.ru, Google, dropmefiles, ifolder.su, exfile.ru, and so on);
the unique identification code uses a designation from a trademark (service mark, brand, slogan) or a designation similar to it to the point of confusion, which are used by international online booking systems (for example, Booking, AirBnB, etc.), foreign banks (except for credit and financial institutions that operate in the territory of the Republic of Belarus on the basis of a relevant license issued by authorized state bodies of the Republic of Belarus) and foreign airlines;
consist only of numbers, with the exception of digital unique identification codes that are used by enterprises and organizations of the Republic of Belarus upon prior agreement with the Contractor (for example, government agencies, institutions, banks, etc.);
the unique identification code uses common names/concepts that do not allow for the sender (End User) to be clearly identified, for example, “SMS”, “Info”, “Verify”, “NXSMS”, etc.;
in relation to which the Contractor has discovered a connection between such a unique identification code and the address of a web resource in the domain zone of a country other than the Republic of Belarus, including one that is similar to it to the point of confusion;
using which messages are sent through SMS gateways (for example, SMS-fly, TurboSMS, LetsAds, ePochta SMS, etc.) or similar to them to the point of confusion;
the spelling of which contains the names of mobile cellular telecommunications operators (or something similar to it to the point of confusion), except for those mobile cellular telecommunications operators that are registered in the Republic of Belarus.

In the event that unique identification codes from the list of national codes previously approved by the Parties are subsequently classified by one of the Parties as international, such unique identification code will be transferred to the category of international codes.

The following cannot be classified as national SMS messaging:
initially generated (formed) outside the Republic of Belarus without restrictions on the user, transport and network protocols used and/or sent to Subscribers of the Contractor’s network from any territory outside the Republic of Belarus, and/or SMS messages, the content of which is formed based on the following topics:
concerns international payment systems (for example, Visa, MasterCard, AmExpress, etc.),
international electronic wallets and/or payment systems (for example, WebMoney, Qiwi Wallet, etc.),
international electronic payment processing platforms (e.g. PayPal, etc.),
international social networks (for example, facebook, vkontakte, Google+, odnoklassniki, twitter, instagram, fotostrana and so on),
international OTT applications (for example, Skype, Viber, WhatsApp, etc.), international Internet gaming services (for example, World of Tanks, Gameserver, mobitva.com, etc.),
international email services and/or file sharing services, and/or search engines (for example, Mail.Ru, Yahoo, Rumbler.ru, Google, dropmefiles, ifolder.su, exfile.ru, and so on);
the content of which concerns international online booking systems (for example, Booking, AirBnB, etc.),
foreign banks (for example, Arab Bank) (with the exception of credit and financial institutions that operate in the territory of the Republic of Belarus on the basis of a relevant license issued by authorized state bodies of the Republic of Belarus) and foreign airlines;
from the content of which a connection can be traced with a web resource of a domain zone of a country other than the Republic of Belarus;
sent through SMS gateways (for example, SMS-fly, TurboSMS, LetsAds, ePochta SMS, etc.);
containing the names of cellular mobile telecommunications operators, except for those cellular mobile telecommunications operators that are registered in the Republic of Belarus;
directed using international unique identification codes.

Appendix No. 2

SMS Bay Limited Liability Company, hereinafter referred to as the "Authorized Person", represented by Director Irina Igorevna Shavel, acting on the basis of the Charter, on the one hand, and the End User, hereinafter referred to as the "Operator", who accepted the public offer (Offer) to conclude a public contract for the provision of services by SMS Bay LLC, on the other hand, together referred to as the "Parties", have entered into this Agreement on the Processing of Personal Data (hereinafter referred to as the Agreement) to the Public Contract for the Provision of Services by SMS Bay LLC (hereinafter referred to as the Contract) in order to determine the procedure, conditions and methods (parameters) for processing the personal data of the End User's clients within the framework of fulfilling the obligations stipulated by the Contract.

1. General Provisions

1.1. In order to provide the Operator with services for organizing the provision of access to the SMS Platform software for sending Email and/or SMS and/or Viber Application and/or via Chatbot and/or WhatApp Application and/or VKontakte social network and/or Odnoklassniki social network and/or Instagram social network and/or Facebook social network or Business Chat (S-chat) and/or via voice mailing and/or Cascade mailings, generating reports, receiving statistics and the service for registering the sender's name with Mobile Operators and/or Viber Service Provider, as well as other related services, to the Operator's clients, the Operator instructs the Contractor to process the personal data of its clients, while the Authorized Person undertakes to process the personal data of the Operator's clients (hereinafter referred to as Clients, personal data subjects) using automation tools, in the manner and on the terms provided for in this Agreement.

1.2. In accordance with the legislation of the Republic of Belarus on personal data, the End User is the Operator, and SMS Bay LLC is the Authorized Person engaged by the Operator to perform the tasks assigned to him for processing personal data.

2. Purpose of processing and list of actions for processing personal data

2.1. The Operator instructs the Authorized Person to process personal data for the purpose of:
provision of services for organizing the provision of access to the CDP & Marketing Platform software (hereinafter referred to as the software) for the distribution of SMS messages;
provision of services for organizing the provision of access to software for sending Viber messages;
provision of services for registering the sender's name with mobile operators;
provision of services for registering the sender's name with the Viber Service Provider;
provision of services for organizing the provision of access to software for sending mailings via Business Chat (S-chat);
provision of services for organizing the provision of access to software for sending mailings via the Chatbot;
provision of services for organizing the provision of access to software for sending mailings in the WhatApp messenger application;
provision of services for organizing the provision of access to software for sending mailings on the VKontakte social network;
provision of services for organizing the provision of access to software for sending mailings on the Odnoklassniki social network;
provision of services for organizing the provision of access to software for sending mailings on the social network Facebook;
provision of services for organizing the provision of access to software for sending mailings on the Instagram social network;
provision of services for organizing the provision of access to software for sending mailings in the Telegram messenger;
provision of services for organizing the provision of access to software for sending mailings in the Viber messenger application;
provision of services for organizing the provision of access to software for sending mailings via the 1C-Bitrix24 software;
provision of services for organizing the provision of access to software for the implementation of Voice-mailing;
provision of services for organizing the provision of access to software for the implementation of e-mail distributions

2.2. The Authorized Person shall process personal data that meet the purposes of their processing: contact telephone number, email address, username on social networks: VKontakte, Facebook, Instagram, Telegram, information contained in the Electronic Message.

3. Terms of personal data processing

3.1. The processing of personal data is carried out on the legal grounds stipulated by the legislation of the Republic of Belarus in the field of personal data protection. The authorized person is not required to obtain the consent of the personal data subject. If the consent of the personal data subject is required to process personal data on behalf of the Operator, such consent is obtained by the Operator.

3.2. List of actions that will be performed with personal data by the Authorized Person: collection, systematization, modification, blocking, use, provision (including to sub-authorized persons), storage, depersonalization, deletion.

3.3. The Parties process special categories of personal data, with the exception of biometric and genetic personal data.

3.4. Only employees of the Parties whose job responsibilities include processing personal data are allowed to process personal data.

3.5. Upon achievement of the purposes of personal data processing within the framework of the Agreement or in the event of loss of the need to achieve these purposes, as well as in the event of withdrawal of consent to the processing of personal data by the subject of personal data, personal data are subject to deletion, unless otherwise provided by the legislation of the Republic of Belarus.

3.6. The Parties agree that after the termination of data processing due to the achievement of the processing purpose or the termination (termination) of this Agreement, the Authorized Person is obliged to cease processing the relevant personal data and transfer such data to the Operator, or delete (block) them.

3.7. The Parties shall notify each other of cases of detection of unlawful processing of personal data upon receipt of an application from a personal data subject or a request from an authorized body for the protection of the rights of personal data subjects no later than three working days from the date of receipt of such an application or receipt of an application (request).

4. Main obligations of the Parties

4.1. The operator has the right:
require the Authorized Person to process the personal data of Clients in the manner and under the conditions stipulated by this Agreement and the legislation of the Republic of Belarus on personal data.

4.2. The operator is obliged to:
take legal, organizational and technical measures to ensure the protection of personal data from unauthorized or accidental access to them, modification, blocking, copying, distribution, provision, deletion of personal data, as well as from other illegal actions in relation to personal data;
inform the Authorized Person about technical failures and/or malfunctions that affect the process of timely provision of information, and also notify the Authorized Person in advance, but no later than three days, about planned maintenance and repair work;
respond to requests and inquiries from personal data subjects in accordance with the requirements of the Law of the Republic of Belarus dated May 7, 2021 No. 99-Z "On the Protection of Personal Data".

4.3. The authorized person has the right:
request from the Operator all information necessary for the processing of personal data of the Operator's clients, including information confirming the existence of legal grounds for the processing of personal data of Clients for the purpose of processing personal data specified in paragraph 2.1 of this Agreement;
engage sub-authorized persons to process personal data of Clients, in particular during their cross-border transfer within the framework of the Agreement.

4.4. The authorized person is obliged to:
take legal, organizational and technical measures to ensure the protection of personal data from unauthorized or accidental access to them, modification, blocking, copying, distribution, provision, deletion of personal data, as well as from other illegal actions in relation to personal data;
inform the Operator about technical failures and/or malfunctions that affect the process of timely provision of information, and also notify the Operator in advance, but no later than 3 days, about planned maintenance and repair work;
maintain confidentiality and not disclose to third parties personal data that became known to the Authorized Person in connection with the conclusion of the Agreement and the execution of this Agreement;
process personal data received from the Operator within the framework of predetermined and legitimate purposes in accordance with this Procedure. In the event of circumstances that make such processing impossible for any reason, the Authorized Person is obliged to inform the Operator about this as soon as possible. In this case, the Operator has the right to suspend the transfer of personal data;
cease processing the relevant personal data upon termination of the Agreement and transfer such data to the Operator or delete them;
to participate in the performance by the Operator of its obligations to personal data subjects, including within the framework of providing information upon the Operator’s request within the framework of the implementation of the rights of personal data subjects to receive information concerning the processing of personal data and the change of personal data, as well as information on the provision of personal data to third parties within three days;
immediately notify the Operator of violations of personal data protection systems, including the approximate number of personal data subjects affected by the violation, the likely adverse consequences of the violation of the personal data protection system, and the measures taken or proposed to eliminate the violation of the personal data protection system;
immediately (no later than three working days) notify the Operator of any legally binding request for disclosure of personal data by law enforcement or other authorized bodies, as well as of any requests received directly from subjects of personal data;
provide, upon request of the Operator, the information necessary to confirm the implementation of measures to ensure the protection of personal data in accordance with the provisions of the Law of the Republic of Belarus dated May 7, 2021 No. 99-Z "On the Protection of Personal Data", including local documents on the existence of a structural unit or a person responsible for the implementation of internal control over the processing of personal data; documents defining the policy of the authorized person regarding the processing of personal data in accordance with the provisions of the Law of the Republic of Belarus dated May 7, 2021 No. 99-Z "On the Protection of Personal Data"; development of the procedure for access to personal data, including those processed in the information resource (system); certificates of the established form on completion of training of employees of the authorized person on personal data protection issues.

5. Measures taken by the Parties to protect personal data

5.1. In accordance with paragraph 3 of Article 17 of the Law on the Protection of Personal Data, the Operator and the Authorized Person shall take legal, organizational and technical measures to ensure the protection of personal data from unauthorized or accidental access to them, modification, blocking, copying, distribution, provision, deletion of personal data, as well as from other illegal actions in relation to personal data, in particular:

5.1.1. a person responsible for implementing internal control over the processing of personal data has been appointed;

5.1.2. Policies regarding the processing of personal data have been issued;

5.1.3. employees of the Parties directly involved in the processing of personal data are familiar with the provisions of the legislation on the protection of personal data, and also undergo regular training in the manner established by law;

5.1.4. Procedures for access to personal data, including those processed in the information resources (systems) of the Parties, have been established;

5.1.5. The Parties shall carry out technical and cryptographic protection of personal data in the manner established by law.

6. Conditions for the authorized person to engage other persons (sub-authorized persons) to process personal data

6.1. Based on the concluded agreements, SMS Bay LLC processes personal data for the purpose of sending SMS messages together with:
Joint Limited Liability Company "MOBILE TELESYSTEMS" - mobile operator, legal address: Republic of Belarus, 220012, Minsk, Nezavisimosti Ave., 95, pom. 4;
Unitary enterprise for the provision of services "A1" - provider of telecommunications, ICT and content services, mobile operator, legal address: Republic of Belarus, 220030, Minsk, Internatsionalnaya st., 36, pom. 2; 0.00000
Closed Joint-Stock Company "BELARUSIAN TELECOMMUNICATION NETWORK" - mobile operator, legal address: Republic of Belarus, 220030, Minsk, Krasnoarmeyskaya St., 24;

6.2. Based on the concluded agreement, SMS Bay LLC processes personal data for the purpose of sending Viber messages together with:
Viber Media S.à rl is a company that develops a messenger application that allows you to send messages, legal address: 2 rue du Fossé L-1536 Luxembourg, Grand Duchy of Luxembourg.

6.3. Based on the concluded agreement, SMS Bay LLC processes personal data for the purpose of international SMS messaging together with:
InterConnect Solutions Pte.Ltd is a telecommunications provider including value-added network operators, registered office: 68 Circular Road, #02-01, 049422 Singapore.

6.4. Based on the concluded agreement, SMS Bay LLC processes personal data for the purpose of sending messages via the Chatbot in social networks and messenger applications together with:
Meta Platforms, Inc is a multinational holding company that owns a technology conglomerate, located in: United States: Menlo Park, California;
OOO VKontakte is a Russian social network, legal address: St. Petersburg, internal territory of the city, Smolninskoye municipal district, Khersonskaya st., 12-14, litera A, premises 1-N;
Viber Media S.à rl is an international company developing a messenger application that allows sending messages, making video and voice VoIP calls via the Internet, legal address: 2 rue du Fossé L-1536 Luxembourg, Grand Duchy of Luxembourg;
Telegram Messenger, Inc. is a company that develops a messenger application with functions of exchanging text, voice and video messages, as well as stickers, photos and files of many formats, located: Dubai Internet City Technology Park, Office 408, Dubai, United Arab Emirates.

6.5. Based on the OBTAINED PARTNERSHIP STATUS FOR WORKING WITH the "YCLIENTS System" located at https://support.yclients.com/67-68-191, SMS Bay LLC processes personal data for the purpose of sending SMS messages jointly with:
LIMITED LIABILITY COMPANY "YCLIENTS", OGRN 5157746100716, INN/KPP 7708274185/771501001, address (location): 127018, Moscow, Obraztsova St., 4, building 1;

6.6. Based on the OBTAINED PARTNERSHIP STATUS FOR WORKING WITH 1C-BITRIX.MARKET AND BITRIX24.MARKETPLACE, SMS Bay LLC processes personal data for the purpose of sending SMS messages, Viber messages together with:
1C-Bitrix — Limited Liability Company 1C-Bitrix, 109544 Russia, Moscow, Entuziastov Boulevard, 2, 13th floor, room 8-19.4;

6.7. When providing the services specified in paragraph 2.1, in cases where the Operator sends the mailings specified in this paragraph outside the Republic of Belarus, as well as in cases where the equipment processing personal data is located outside the Republic of Belarus, cross-border transfer of information is carried out, including to states in whose territory the proper level of protection of the rights of personal data subjects is not ensured in accordance with the legislation of the Republic of Belarus, in connection with which there is a risk of failure to ensure proper methods of protecting personal data from unauthorized or accidental access to them, modification, blocking, deletion, provision, distribution, commission of other illegal actions in relation to the personal data provided.

6.8. In the event of sending a mailing outside the Republic of Belarus to states on the territory of which the adequate level of protection of the rights of personal data subjects is not ensured in accordance with the legislation of the Republic of Belarus, as well as in cases where the equipment processing personal data is located on the territory of such states, the Operator confirms that, prior to sending such a mailing, the Operator has received the consent of the personal data subject, or the cross-border transfer of personal data is carried out on other legal grounds, in accordance with the provisions of the Law of the Republic of Belarus dated May 7, 2021 No. 99-Z "On the Protection of Personal Data".

7. Responsibilities of the Parties

7.1. The Parties establish the following regime of delimitation of responsibility with respect to the processing of personal data of Clients:

7.1.1. The Operator shall be liable to the Clients for actions (inactions) performed with their personal data by the Authorized Person, sub-authorized persons in the process of executing the assignment assigned to the Authorized Person within the framework of the Agreement;

7.1.2. The Authorized Person shall be liable to the Operator for actions (inactions) performed with the personal data of Clients in the process of executing the assignment assigned by the Operator to the Authorized Person within the framework of the Agreement, this Agreement;

7.1.3. The authorized person shall be liable to the Operator for actions (inactions) during the execution of the Agreement, committed with personal data by sub-authorized persons within the framework of the Agreement;

7.1.4. within the framework of responsibility to state bodies (organizations), each of the Parties is responsible within the limits of its part for the processing of personal data.

8. Additional Provisions

8.1. The Parties undertake to send each other and update the contacts of the structural division or person appointed by each Operator responsible for implementing internal control over the processing of personal data: on the part of the Authorized Person – anna@sms.by.

8.2. The Parties shall resolve all disputes and disagreements under this Agreement through negotiations, and in the event of impossibility of settling a dispute or disagreement within 30 (thirty) calendar days from the date of receipt of a proposal from one of the Parties to hold negotiations or before the expiration of the period specified therein, if the Party avoids negotiations or the impossibility of reaching an agreement becomes obvious for other reasons, in court.

8.3. Disputes and disagreements that are not resolved in the specified manner shall be referred for consideration to the Economic Court of Minsk in accordance with the current legislation of the Republic of Belarus.

8.4. In cases not provided for by this Agreement, the Parties shall be guided by the current legislation of the Republic of Belarus.

8.5. This Agreement is an integral part of the Contract.