1. General Provisions
This User Agreement (hereinafter referred to as the Agreement) in accordance with Article 367 of the Civil procedure code of the Republic of Uzbekistan is a public offer of THE ABLE TECHNOLOGIES LLC (hereinafter referred to as 'BIRDA') and defines the terms and conditions for using the 'BIRDA' Mobile Application (hereinafter referred to as the Application) on which this Agreement is concluded.
The terms of this Agreement are the same for all Users.
Registration in the Application on the User's device is a full and unconditional acceptance of the terms of this Agreement. In this case, the Agreement is considered to be concluded in writing on the terms of this Agreement and is an Agreement signed by the User and THE ABLE TECHNOLOGIES LLC. The moment of conclusion of this Agreement is the moment of registration of the User in the Application.
THE ABLE TECHNOLOGIES LLC has the right to change the terms of this Agreement without prior notice to the User. Changes made to the terms of the Agreement shall enter into force three days after their posting in the Application, with the simultaneous loss of the previous version of the Agreement.
The following terms and definitions shall apply in this Agreement:
Application — a mobile application called 'BIRDA', which allows for the identification and authentication of individuals based on their biometric parameters in order to provide them with authorized online access to IMEI registration or other services. The Application is an information system owned by THE ABLE TECHNOLOGIES LLC and is intended for mobile devices (smartphone, tablet or other device) with a front camera, running under the Android and iOS operating systems and having access to the Internet;
Individual — a citizen of the Republic of Uzbekistan, holding a biometric passport of a citizen of the Republic of Uzbekistan or an ID card;
Non-resident individual — a person who is not a citizen of the Republic of Uzbekistan and does not have a document, which can be considering a proof of their citizenship of a foreign state, or who has citizenship and proof of their citizenship (nationality) of another state;
User – an individual who has accepted the terms of this Agreement and registered in the Application.
2. Subject of the Agreement
THE ABLE TECHNOLOGIES LLC provides individuals with the opportunity to use the Application to obtain authorized online access to information resources connected to the Application.
The Application is available for downloading through the Google Play Store and App Store.
The Application can only be used if the User has access to the Internet on their mobile device.
THE ABLE TECHNOLOGIES LLC provides advisory support to Users, upon their request, around the clock.
The Application is provided on an 'as is' basis. THE ABLE TECHNOLOGIES LLC does not provide any guarantees regarding the compliance of the Application with the specific purposes and expectations of the User.
3. Terms and procedure for User registration
To register in the Application, the User must provide a phone number; the Application may request additional information to provide the User an opportunity to perform other actions.
The User who is a non-resident individual must provide a phone number (registered in the Republic of Uzbekistan); the Application may request additional information to provide the User an opportunity to perform other actions.
In the Application, the User is given the opportunity to familiarize himself with and accept the terms of this Agreement.
The User cannot continue registration without agreeing to the terms of this Agreement.
The User who has not familiarized himself with the terms of this Agreement in time assumes all risks associated with adverse consequences for the User as a result of using the Application.
The User, by accepting the terms of this Agreement in the Application, consents to the processing of their personal data to ensure identification and authentication.
The User's personal data is processed in accordance with the terms of the Privacy Policy, which is an appendix to this Agreement, and the Law of the Republic of Uzbekistan 'On Personal Data'.
The User must provide a mobile phone number. An automatically generated one-time password (OTP) will be sent to the specified mobile phone number. After entering the OTP in the Application the User is given the opportunity to perform further registration actions.
4. Rights and obligations of the User
The User has the right to:
- use the Application to access information resources connected to the Application;
- unilaterally terminate this Agreement at any time and refuse to use the Application by deactivating their account.
- comply with the requirements of this Agreement;
- provide reliable data when registering in the Application, do not impersonate another person;
- ensure the information security of the mobile device and the Application's security tools through which access to the Application is provided;
- immediately notify THE ABLE TECHNOLOGIES LLC in the event of a breach (suspected breach) of confidentiality or safety of their means of access to the Application;
- not use the Application for any fraudulent or other illegal purposes;
- stop using the Application and deactivate the account, if you disagree with any individual provision or with the Agreement as a whole.
5. Rights and obligations of THE ABLE TECHNOLOGIES LLC
THE ABLE TECHNOLOGIES LLC has the right to:
- restrict the User's access to information resources connected to the Application, or permanently deprive the User of access to the Application by blocking their account in any of the following cases:
- at any time restrict or disable access to information resources connected to the Application, temporarily for an indefinite period or permanently, without prior notice to the User.
- ensure uninterrupted operation of the Application, except for interruptions related to scheduled maintenance work, or when interruptions in the operation of the Application occur due to the fault of third parties;
- provide Users with advisory support in the process of using the Application;
- in accordance with the legislation of the Republic of Uzbekistan on personal data, take legal, organizational and technical measures to protect the personal data of Users, maintain the confidentiality of personal data, and prevent illegal processing of personal data.
6. Terms of payment for services
The User can receive the service in the Application by paying service fee in the following ways:
- by UZCARD, HUMO, VIZA, MASTERCARD payment cards.
- by electronic money through transfers via the following payment systems: CLICK, ATMOS.
Find more details about these payment systems on the official websites: https://atmos.uz/, https://click.uz/
The user receives fee information and the total amount to pay in the Application.
7. Term of the Agreement
This Agreement shall enter into force upon the User's registration in the Application and shall remain in effect until the Application is removed from the User's mobile device.
8. Liability of the Parties
For failure to fulfill or improper fulfillment of the obligations stipulated by this Agreement, the Parties shall be liable in accordance with the legislation of the Republic of Uzbekistan and this Agreement.
The User shall be liable for damage caused to THE ABLE TECHNOLOGIES LLC and/or individuals and other legal entities due to their failure to comply with the terms of this Agreement.
The User shall be personally liable for the safety and inaccessibility to third parties of the means of protecting access to the Application chosen by them, as well as for the safety and security of the mobile device. In this case, all actions under the User's account are considered to be performed by the User themselves.
By registering in the Application, the User agrees that the use of the Application or the inability to use it is solely the User's risk.
The User understands that for violation of the legislation on personal data, committed for selfish or other base motives, they shall be liable in accordance with the administrative and criminal legislation of the Republic of Uzbekistan.
THE ABLE TECHNOLOGIES LLC is responsible for ensuring the stable and uninterrupted functioning of the Application, except for the cases specified in Part 8, Clause 8 of this Agreement.
THE ABLE TECHNOLOGIES LLC is not responsible:
- for the negative consequences and losses of the User arising as a result of events and circumstances beyond the competence of THE ABLE TECHNOLOGIES LLC, as well as for the actions or inactions of the User and/or third parties;
- for possible damage or losses caused by the User's use of the Application, or the inability to use the Application;
- if the User's data from the Application became available to third parties (intentionally or through negligence), due to unauthorized access to the User's mobile device or the actions of a virus or malicious software on the mobile device;
- for the inability to use the Application due to circumstances beyond its control, including due to prohibitions and restrictions imposed by state or judicial authorities;
- for the loss of personal data that occurred through no fault of its own.
- for failures, interruptions in operation, or impossibility of performing the functions of the Application if the above was the result of:
- for any losses or damage incurred by the User due to the fact that the User has not read and/or has not read in a timely manner the terms of this Agreement, as well as other agreements or conditions, when receiving services through information resources connected to the Application.
THE ABLE TECHNOLOGIES LLC does not guarantee and does not make statements that the use of the Application will be uninterrupted or error-free when the User receives services through information resources connected to the Application.
The Parties to this Agreement shall not be liable for any full or partial failure to fulfill their obligations under the Agreement if such failure was the result of force majeure circumstances (force majeure that arose after the conclusion of the Agreement as a result of extraordinary events that they could not foresee and prevent by reasonable measures). Such extraordinary events include: flood, fire, earthquake, soil subsidence and other natural disasters; war or military action, embargo, blockade, actions of authorities that impede the fulfillment of the Agreement.
9. Claim consideration procedure
In the event of failure to fulfill or improper fulfillment by THE ABLE TECHNOLOGIES LLC of its obligations under this Agreement, the User has the right to submit a claim to THE ABLE TECHNOLOGIES LLC to info@birda.uz.
THE ABLE TECHNOLOGIES LLC is obliged to consider the claim in the manner established by the Law of the Republic of Uzbekistan 'On the contractual and legal basis for the activities of economic entities' within fifteen calendar days. The response to the claim is sent by registered mail, in electronic form, or handed to the User against signature.
10. Dispute resolution procedure
All disputes and disagreements regarding the execution of this Agreement shall be resolved in accordance with the current legislation of the Republic of Uzbekistan.
PRIVACY POLICY
1. General Provisions
This Privacy Policy (hereinafter referred to as the Policy) is an appendix to the User Agreement and applies to personal data that THE ABLE TECHNOLOGIES LLC (hereinafter referred to as BIRDA) may receive about the User during their use of the BIRDA Mobile Application (hereinafter referred to as the Application).
Before using the Application, the User, in addition to familiarizing themselves with the terms of the User Agreement, must also familiarize themselves with the terms of this Policy.
THE ABLE TECHNOLOGIES LLC shall not be held liable for the consequences of the User transferring personal data to a third party, if such transfer was performed on a third party's information resource.
Using the Application means the User's unconditional consent to this Policy and the terms and conditions for processing their personal data specified therein, received from the User's mobile device and from external information resources.
In case of disagreement with the terms of this Policy, regardless of their agreement with the terms of the User Agreement, the User must refrain from using the Application.
The following terms and definitions are used in this Privacy Policy:
Personal data — information recorded on electronic, paper and (or) other tangible media that relates to a specific individual or makes it possible to identify him/her;
Personal data subject (subject) — an individual to whom the personal data relate;
Personal data processing — the implementation of one or a set of actions to collect, systematize, store, modify, supplement, use, provide, distribute, transfer, depersonalize and destroy personal data;
Personal data base — a database in the form of an information system that contains personal data;
Third party — any person who is not the subject, owner and (or) operator, but is connected with them by circumstances or relationships regarding the processing of personal data.
2. User's personal data received and processed by THE ABLE TECHNOLOGIES LLC
In accordance with the functional purpose of the Application, the following User data is processed automatically:
a) personal data that the User provides about themselves when registering in the Application:
- series and number of the passport or ID card;
- personal identification number of an individual (PINFL);
- date of birth;
- mobile phone number;
- photograph;
b) personal data obtained by sending a request to the information systems of authorized government agencies:
- digital photograph;
- personal identification number of an individual (PINFL);
- series and number of the passport or ID card;
- date of birth;
- date of issue of the passport or ID card;
- expiration date of the passport or ID card;
- last name, first name, patronymic in Latin script;
- last name, first name in English;
- gender;
- place of issue of passport or ID card;
- status of life;
- country of birth;
- place of birth;
- nationality;
- citizenship;
- data on registration at the place of residence;
- taxpayer identification number (TIN);
c) data that is automatically transferred to THE ABLE TECHNOLOGIES LLC during the use of the Application by the User:
- information about the User's mobile device, such as the model of the mobile device, the version of the operating system of the mobile device, unique identifiers of the mobile device, as well as data on the mobile data network;
- data on the User's actions when using the Application, including installation and removal of the Application, the address of the information resource from which the transition to the Application was made, the type and status of the identification and authentication actions performed (successful, unsuccessful), the date and time of the actions performed, as well as other information related to the use of the Application.
The Application also sends data about the User to an external information system (website, mobile application, etc.) with the consent of the User.
All personal data of the User is processed by the Application automatically.
3. Purposes of collecting and processing the User's personal data
The processing of Users' personal data is carried out in order to provide Users with the opportunity to obtain authorized access to information resources integrated with the Application, within the framework of the concluded User Agreement, including for:
- ensuring the processes of genuine identification and authentication of the User;
- identifying and (or) preventing conditions that contribute to the commission of actions using the Application that contradict the requirements of the law and this Policy;
- improving the quality and increasing the usability of the Application;
- ensuring the security and reliability of the process of verifying the authenticity of the User's identity;
- conducting statistical and other studies based on anonymized data.
Personal data is stored for the period necessary to achieve the goals listed in this Privacy Policy.
4. Terms of processing the User's personal data
The processing of the User's personal data is carried out in accordance with the Law of the Republic of Uzbekistan 'On Personal Data' and other regulatory legal acts in the field of ensuring the security of personal data.
THE ABLE TECHNOLOGIES LLC takes the necessary organizational and technical measures to ensure the protection and confidentiality of the User's personal data.
The processing of personal data by the Application is carried out only if the User consents. It should be noted that otherwise, the use of the Application is impossible.
THE ABLE TECHNOLOGIES LLC transfers the User's personal data to third parties (to the required extent) in the following cases:
- provided that the User has expressed their consent to such actions;
- with the consent of the User, transfers information about the authentication status and the necessary personal data of the User to the information resource integrated with the Application;
- if the transfer is required in accordance with a court decision or is provided for by the legislation of the Republic of Uzbekistan.
THE ABLE TECHNOLOGIES LLC stores the User's data for 30 days from the moment the User enters the data.
5. Provision of the User's personal data to an external information resource
The Application provides the User with the following information regarding the transfer of their personal data (based on the User's consent) to external information resources:
- name of the information resource to which the User's personal data was provided;
- organization - owner of the information resource;
- list of the User's personal data being transferred.
When the User repeatedly contacts the specified information resource, the User's personal data will be transferred to it by default.
The User has the right to exclude any information resource from the List, in which case, the next time the User contacts the excluded information resource, the User will be re-sent a request for consent to the processing of their personal data by the relevant information resource.
The User's personal data may be sent to the State Personalization Center under the Cabinet of Ministers of the Republic of Uzbekistan and other government organizations for verification of the biometric identification module.
6. Changes to the Policy
THE ABLE TECHNOLOGIES LLC has the right to make changes to this Policy without the consent of the User at its own discretion, including, but not limited to, in the event that such changes are due to changes in the legislation of the Republic of Uzbekistan regulating the procedure for processing personal data and using the Application. Changes come into force after three days from the date of their posting in the Application, with the simultaneous loss of the previous version of the Policy.
If the User disagrees with the changes made, he must stop any use of the Application.