Disclaimer of Liability and Warranties

General provisions

This Disclaimer of Liability and Warranties (the “Disclaimer”) is the official disclaimer of the bookey.ru online service (the “Service”), which provides informational services available to users of the Service (the “User”) at the time of use.

By using the Service, the User agrees to this document and the terms set out herein, and accepts all responsibility that may be placed on the User in connection with use of the Service.

The Service administration has established the following rules governing use of the Service and the scope of additional liability of Users and the Service administration:

The Service is not responsible for the safety of data and information uploaded by the User.
The Service is not responsible for the accuracy of data provided by Users.
The Service does not warrant that the software, servers, and computer networks used by the Service are free from errors and malware. The Service is not liable if use of the Service results in data loss or damage to equipment.
The Service is not liable for outages or interruptions in the Service or for any resulting information loss. The Service is not liable for any damage to the User’s computer, mobile devices, or any other hardware or software caused by or related to use of the Service or of resources available via hyperlinks on Service pages, whether posted by Users or by third parties. Visiting third-party websites, installing software, and using third-party services is done by the User at the User’s own risk.
The Service has no liability or obligation for damage caused to the User as a result of interacting with advertising placed on Service pages, if any.
The Service is not liable if third parties guess the User’s account password for actions performed using that account.
The Service is not liable for any damage that may be caused to the User, including loss of data or information, deletion of an account, or discontinuation of the Service.
Under no circumstances is the Service liable to Users or any third parties for any damage, including lost profits or lost data, harm to life or health, honour, dignity, or business reputation, resulting from use of the Service, Service content, or other materials accessed via the Service, even if the Service warned or indicated the possibility of such harm.
The Service is not liable for obligations that were not agreed between the User and the Service.
The Service is not liable for obligations arising between Users and third parties (including, without limitation, performance of Users’ contractual obligations to their clients under public offers, contracts, and other legally binding documents).
The Service is not liable for losses and harm caused to the User as a result of using the Service or services provided by the Service.
Any trademarks, marks, and names of goods, services, and organizations, design rights (images), and copyright and related rights that are mentioned, used, or quoted on Service pages by Users belong to such Users or must be obtained with permission of the rights holders. The Service administration is not liable for Users’ infringement of third parties’ lawful interests and rights, but will, to the extent possible, assist in resolving disputes that arise.
Inaction by the Service in the event of a breach by a User or group of Users of the rules for using the Service or its components does not deprive the Service of the right to take appropriate action later to protect the interests of the Service or Users.
The layout of Service pages, the logo, graphics, and images placed by the Service administration in the Service (other than content uploaded by Users) are protected by copyright.
The Mobile Application allows connecting third-party catalogs (OPDS) at an address specified by the User and downloading files from them to the device. The Service does not host, review, or distribute the content of such catalogs. The User is solely responsible for the lawfulness of access to the catalog and of use of the downloaded works, including compliance with copyright in the country of the User’s residence. The Project Gutenberg catalog offered in the Application contains works that its operator considers public domain under United States law; their legal status may differ in other countries.

Disclaimer of warranty

The Service is provided on an “as is” basis, without warranties of quality or fitness for any particular express or implied purpose. The Service does not warrant uninterrupted or error-free operation. The Service may (and this is an essential condition of providing the services), without stating reasons, deny access to the Service to all Users or any of them temporarily or permanently, and delete any information or content, data, and information posted by the User on Service pages. The Service reserves the right at any time to suspend provision of services to Users without stating reasons. The Service does not warrant and is not responsible for the accuracy, currency, harmlessness, or reliability of information and data posted on third-party online resources. When following such links, the User understands that the User acts solely at the User’s own risk. The Service does not warrant the preservation of content posted by Users on Service pages; if the User wishes to retain any content posted within the Service, the User must use other means of saving the necessary information. The User confirms that the User uses the Service at the User’s own risk. The Service does not warrant that any information or data uploaded by Users within the Service will meet criteria of reliability, accuracy, and currency. The Service does not warrant that information posted by other Users cannot cause the User moral harm, harm to health, or losses.

Force majeure

The Service administration is released from liability for partial or complete non-performance of obligations under this Agreement if such non-performance results from force majeure arising after publication of this Agreement that the parties could not foresee or prevent.
Force majeure events are events that make performance of the relevant party’s contractual obligations impossible: earthquakes, floods, other natural disasters, fires, nuclear and other industrial accidents, as well as strikes, military action, civil unrest, or acts of public authorities that prevent performance of the terms of the Disclaimer. All other obstacles, regardless of their nature or characteristics, are not considered force majeure, except obstacles that the parties specifically recognize as caused by force majeure.

Final provisions

If any terms are held invalid under the laws of the Russian Federation, the remaining terms remain in full force and effect.
The Service reserves the right to amend this Disclaimer by notifying Users through publication of a new edition on the Internet at this address. The User must regularly monitor changes to this Disclaimer. If the User does not agree with a new edition, the User must immediately stop using the Service. If after a new edition takes effect the User continues to use the Service, the User thereby confirms full agreement with the new edition.

Personal data processing policy

1. General provisions

This personal data processing policy is prepared in accordance with the requirements of Federal Law No. 152-FZ of 27 July 2006 “On Personal Data” and defines the procedure for processing personal data.

The Operator’s paramount goal and condition of its activities is observance of the rights and freedoms of individuals when processing their personal data, including protection of the right to privacy, personal and family secrets.
This Operator personal data processing policy (the “Policy”) applies to all information that the Operator may obtain about visitors to the website bookey.ru and about users of the Bookey mobile application for Android (the “Mobile Application”) distributed through app stores (including Google Play and others).

2. Key terms used in the Policy

Automated processing of personal data — processing of personal data using computing equipment;
Blocking of personal data — temporary suspension of personal data processing (except where processing is necessary to clarify personal data);
Website — a set of graphic and informational materials, as well as computer programs and databases, made available on the Internet at bookey.ru;
Mobile Application — Bookey software for Android devices that provides access to the Service;
Personal data information system — a set of personal data contained in databases and the information technologies and technical means that ensure their processing;
De-identification of personal data — actions that make it impossible, without additional information, to determine that personal data belongs to a particular User or other personal data subject;
Processing of personal data — any action (operation) or set of actions (operations) performed with or without automation means on personal data, including collection, recording, systematization, accumulation, storage, clarification (updating, modification), retrieval, use, transfer (dissemination, provision, access), de-identification, blocking, deletion, and destruction of personal data;
Operator — a state body, municipal body, legal entity, or individual that, alone or jointly with others, organizes and/or carries out processing of personal data and also determines the purposes of processing, the composition of personal data to be processed, and the actions (operations) performed with personal data;
Personal data — any information relating directly or indirectly to a defined or identifiable User of the website bookey.ru and/or the Mobile Application;
User — any visitor to the website bookey.ru and/or user of the Mobile Application;
Provision of personal data — actions aimed at disclosing personal data to a specific person or a defined circle of persons;
Dissemination of personal data — any actions aimed at disclosing personal data to an indefinite circle of persons (transfer of personal data) or at making personal data known to an unlimited circle of persons, including publication in the media, placement in information and telecommunications networks, or providing access to personal data in any other way;
Cross-border transfer of personal data — transfer of personal data to the territory of a foreign state to a foreign state authority, a foreign individual, or a foreign legal entity. Destruction of personal data — any actions as a result of which personal data are destroyed irreversibly with no possibility of further restoring the content of personal data in a personal data information system and/or as a result of which the physical media of personal data are destroyed.

3. Personal data the Operator may process

Last name, first name, patronymic;
Email address;
Phone numbers;
Year, month, date, and place of birth;
Photographs;
Service account identifier (the User’s internal numeric identifier). This identifier is not an email address or a name, but it allows sessions on a device to be linked to one account;
Mobile Application install source (store or install method, for example Google Play, Galaxy Store, AppGallery, or other install);
Technical information about Mobile Application operation and crash information (including crash logs, device information, and app version) needed for diagnostics and improving stability;
Identifiers used to deliver push notifications (the app installation identifier and the push token issued by the platform’s notification service) and the device time zone;
Information about the User’s actions in the Mobile Application: screens opened; sign-in and registration method; actions with books and marathons (including adding a book to a shelf, joining a marathon, and the fact of sending a marathon chat message — without message text); actions in the built-in reader (opened file format, file import, in-book search — without query text, page settings, connecting third-party catalogs and downloading from them — without catalog addresses and book titles); views of other users’ profiles (the viewed profile identifier; profiles in the Service are public); search metadata (including result count — without the search query text); notification settings and the fact of opening a notification; information about app launch and background activity; technical information about the device and app (app version, device model, interface language, app variant — with or without Google services). A pseudonymous device identifier before sign-in;
Information about books opened in the Mobile Application’s built-in reader: metadata stated in the book file (ISBN, title, authors, language, year of publication, series, file format), and for a book downloaded from a third-party catalog — also the ISBN, title, authors, and language stated for it in the catalog. Book files themselves and their contents are not transferred to the server and are stored only on the User’s device;
The Mobile Application contacts third-party catalogs connected by the User directly. Catalog addresses and files downloaded from them are stored only on the device and are not transferred to the Operator. The catalog owner receives information about the request (including the IP address) under its own rules;
Reading progress (fraction read; for PDF — page number and total page count);
The website also collects and processes de-identified visitor data (including “cookie” files) using internet statistics services (Yandex Metrica, Google Analytics, and others).
The Operator does not collect the device advertising identifier (Advertising ID / GAID) in the Mobile Application.
The data listed above are collectively referred to in this Policy as Personal data.

4. Purposes of processing personal data

The purpose of processing the User’s personal data is to inform the User by email and to provide the User with access to services, information, and/or materials on the website and in the Mobile Application.
The Operator may also send the User notices about new products and services, special offers, and various events. The User may always opt out of informational messages by emailing the Operator at feedback.bookey@gmail.com with the subject “Opt out of notices about new products and services and special offers”.
De-identified User data collected via internet statistics services are used to gather information about User actions on the website and to improve the quality and content of the website.
With respect to the Mobile Application, the Operator processes the account identifier, install source, technical crash information, and information about in-app actions to analyse app usage, diagnose errors, and improve the stability and quality of the Service.
The Mobile Application processes push delivery identifiers and the device time zone to deliver the notifications the User has enabled in the settings.
Metadata from a book file opened in the built-in reader is processed to find the book in the Service catalog and mark it on the User’s shelf. Reading progress is processed to show it to the User on their devices and, if the User has not disabled this in privacy settings, to their subscribers. The User may turn off sending metadata and progress via the “Mark progress on shelf” setting in the Mobile Application or for an individual book.

5. Legal grounds for processing personal data

The Operator processes the User’s personal data when the User fills in and/or submits them via forms on bookey.ru and/or when registering for and using the Mobile Application. By filling in the relevant forms, registering, and/or using the Service, the User agrees to this Policy.
The Operator processes de-identified data about the User if this is allowed by the User’s browser settings (cookies and JavaScript enabled).
Processing of Mobile Application telemetry data (account identifier, install source, crash information, and information about in-app actions) described in this Policy is based on the User’s agreement to the Policy and on the need to ensure the operation and quality of the Service. No separate additional in-app consent is required before such processing begins.

6. Collection, storage, transfer, and other processing of personal data

The security of personal data processed by the Operator is ensured by implementing legal, organizational, and technical measures necessary to fully meet the requirements of applicable personal data protection law.

The Operator safeguards personal data and takes all reasonable measures to prevent unauthorized access to personal data.
The User’s personal data are not transferred to third parties except where required by applicable law and except as expressly stated in this Policy (including transfer to analytics, crash-diagnostics, and notification delivery providers).
In versions of the Mobile Application distributed via Google Play (with Google services), the Operator transfers to Google LLC (USA), via Firebase Analytics and Firebase Crashlytics, the following data: the Service account identifier, the app install source, and technical information about crashes and app operation. The purpose of the transfer is usage analytics and crash diagnostics. More about Google’s data processing: https://policies.google.com/privacy, https://firebase.google.com/support/privacy.
In versions of the Mobile Application distributed through app stores (including versions without Google services, such as AppGallery and other Huawei ecosystem stores), the Operator transfers to PostHog Inc. (USA), via the PostHog Cloud service, the following data: the Service account identifier; a pseudonymous device identifier before sign-in; and information about in-app actions and technical information listed in section 3 of this Policy. The data are stored and processed in the European Union — PostHog EU Cloud (Frankfurt, Germany). The purpose of the transfer is Mobile Application usage analytics. Test versions of the Mobile Application do not send the data described above to PostHog. PostHog privacy policy: https://posthog.com/privacy.
The following are not transferred to PostHog: email address, name, password, marathon chat message text, search query text, avatar contents, link address parameters and fragments (including access-recovery tokens), information about parameters of opened app screens, the device advertising identifier (Advertising ID / GAID), book titles and authors, book file names and paths, in-book search text, link addresses from books, or third-party catalog addresses. Screen recording is not performed.
In versions of the Mobile Application distributed through AppGallery and other Huawei ecosystem stores, the Operator transfers to Huawei Services (Hong Kong) Co., Limited, via the AppGallery Connect Crash service, the following data: the account identifier in the Service; an anonymous application instance identifier (AAID); technical information about the crash (stack trace, the app’s log before the crash, installation source) and about the device (manufacturer, model, operating system and firmware version, system language, screen parameters, memory and disk size, network type, root access flag). The data are stored and processed in Singapore. The purpose of the transfer is crash diagnostics. Test versions of the Mobile Application do not transfer this data. AppGallery Connect privacy and security statement: https://developer.huawei.com/consumer/en/doc/app/10128.
To deliver push notifications, the Operator transfers the app installation identifier, the push token and the notification content to the notification service of the platform through which the version of the Mobile Application is distributed. The notification content is the title, the text and technical data: the event type and the identifiers of the related user, book, review or marathon. The notification text may contain another Service user’s name and a book or marathon title. The text of marathon chat messages is not included in notifications. Notification services: in versions with Google services, Firebase Cloud Messaging, Google LLC (USA); in versions for AppGallery and other Huawei ecosystem stores, HUAWEI Push Kit, Huawei Services (Hong Kong) Co., Limited. The purpose of the transfer is notification delivery. The User may turn notifications off in the Mobile Application or device settings. More information: https://firebase.google.com/support/privacy, https://developer.huawei.com/consumer/en/doc/HMSCore-Guides/push-persondata-0000001050042183.
Versions of the Mobile Application without Google services (including the variant for Huawei ecosystem stores) do not send data to Firebase Analytics, Firebase Crashlytics, or Firebase Cloud Messaging, but do send data to PostHog as described above, send crash reports to AppGallery Connect Crash, and receive notifications via HUAWEI Push Kit when the app version is distributed through app stores.
If inaccuracies in personal data are found, the User may update them by notifying the Operator at feedback.bookey@gmail.com with the subject “Update of personal data”.
The period of processing personal data is unlimited. The User may withdraw consent to processing at any time by emailing the Operator at feedback.bookey@gmail.com with the subject “Withdrawal of consent to personal data processing”.

7. Cross-border transfer of personal data

Before commencing a cross-border transfer of personal data, the Operator must ensure that the foreign state to whose territory the transfer is intended provides reliable protection of the rights of personal data subjects.
Cross-border transfer of personal data to the territory of foreign states that do not meet the above requirements may take place only with the written consent of the personal data subject to such transfer and/or for performance of a contract to which the personal data subject is a party.
By using the Mobile Application and accepting this Policy, the User consents to cross-border transfer of the data described in section 6: (a) to Google LLC (including to the territory of the United States) to the extent and for the purposes necessary for Firebase Analytics, Firebase Crashlytics, and Firebase Cloud Messaging; (b) to PostHog Inc. (USA) to the extent and for the purposes necessary for PostHog Cloud, with storage and processing of the data in the European Union (Germany); (c) to Huawei Services (Hong Kong) Co., Limited to the extent and for the purposes necessary for AppGallery Connect Crash, with storage and processing of the data in Singapore, and for HUAWEI Push Kit to the extent and for the purposes necessary for notification delivery.

8. Final provisions

The User may obtain clarifications on any questions relating to processing of the User’s personal data by contacting the Operator at feedback.bookey@gmail.com.
Any changes to the Operator’s personal data processing policy will be reflected in this document. The Policy remains in force indefinitely until replaced by a new version. The current version of the Policy is freely available on the Internet at https://bookey.ru/terms.