TERMS AND CONDITIONS
PRIVACY POLICY & INFORMATION SOCIETY SERVICES
I. Privacy policy
1.1 "Gardian APP" SRL (hereinafter Gardian APP), is registered as a legal entity under private law (hereinafter company), IDNO - 1019600031733, with legal headquarters located in the municipality of Chisinau, Spartacus Street 11/1, The Republic of Moldova, in the person of the administrator Mr. Alexandru MECIN, who carries out his activity in accordance with the provisions:
- Law no. 845/1992 on entrepreneurship and enterprises;
- The Civil Code approved by Law no. 1107/2002;
- Law no. 284/2004 on information society services;
- Law no. 71/2007 regarding registers;
- Law no. 133/2011 on the protection of personal data;
- Law no. 1069/2000 regarding IT;
- Law no. 114/2012 regarding payment services and electronic money;
- Law no. 105/2003 on consumer protection;
- Law no. 124/2022 on electronic identification and trust services;
- Law no. 283/2003 regarding detective and security activity;
- Other normative acts.
,established the purposes and means of personal data processing in the record system Contractual Beneficiaries, thus, having the capacity of personal data operator (hereinafter controllers).
1.2. The terms used in this Regulation have the following meaning:
Responsible authority – the National Center for the Protection of Personal Data;
special categories of personal data – data revealing the racial or ethnic origin of the person, his political, religious or philosophical beliefs, social affiliation, data on health or sex life, as well as those related to criminal convictions, coercive procedural measures or contraventional sanctions; profiling – form of automatic processing of personal data, which consists in the use of personal data to evaluate certain aspects relating to a natural person, in particular to analyze or establish aspects regarding performance at work, situation economic, health, preferences, interests, reliability, behavior, location and movements of that person.
personal data – any information relating to an identified or identifiable natural person;
Gardyme – service of the information society, which can be free or for a fee, composed of the website www.gardy.me and the Gardyme application, together called Gardyme, which ensures the security of natural persons, by monitoring their geographical location with the possibility of sharing it between members of family or close people, and in case of danger, offering the possibility of the intervention of special security crews of the operator's contractual partners to secure the person. The application may also pursue other purposes to be achieved by new functionalities and processes, which will be notified in advance to consumers/beneficiaries; securing the person - represents the intervention actions of the security crews, to ensure the physical protection of the client (consumer) beneficiary of Gardyme services under the terms of Law no. 283/2005 regarding the private activity of detectives and guards;
subject of personal data – is any natural person who can be identified, directly or indirectly, by reference to an identification number or to one or more elements specific to his physical, physiological, psychological, economic, cultural or social identity;
processing of personal data – any operation or series of operations performed on personal data by automated or non-automated means, such as collection, registration, organization, storage, preservation, restoration, adaptation or modification, extraction, consultation, use , disclosure by transmission, dissemination or otherwise, joining or combining, blocking, erasure or destruction; personal data record system – any structured series of personal data accessible according to specific criteria, whether it is centralized, decentralized or distributed according to functional or geographical criteria;
controller – natural person or legal person under public or private law, including the public authority, any other institution or organization that, individually or together with others, establishes the purposes and means of processing personal data expressly provided by Legislation in force;
processors – natural person or legal person under public or private law, including the public authority and its territorial subdivisions, which processes personal data in the name and on behalf of the operator, based on the instructions received from the operator;
third party - natural person or legal person under public or private law, other than the subject of personal data, than the operator or the person authorized by the operator and than the person who, under the direct authority of the operator or the authorized person, is authorized to process data with personal character;
• Phone number*;
• Name surname*;
• Age*;
• Bank details*;
• The language in which the application is set*;
• Geographical location*;
• Technical data: IP*;
• Data about family members or close people from the phone book;
• Cookie* (mandatory processing only in the part that refers to technical cookies).
a) the necessary actions before the conclusion of the contract that refer to the creation of the personal cabinet in the Gardyme application, making payments or other services offered;
b) the activities indispensable to the execution of the contract that refer to geolocation, technical data, data regarding the call, data regarding family members or close persons authorized by the client, making reports to the competent authorities, providing support for the services requested/provided, as well as other aspects of a civil nature resulting from concluded legal relationships.
a) personal data regarding the contract - for a period of 5 years from the moment of the last transaction or termination of business relations;
b) technical data - for a period of 6 months;
c) cookie data – from 1 day to 5 years, depending on the types of cookies.
a) Employees - within the limits of the functional attributions distributed by the internal acts;
b) Contractual beneficiaries – customers (data subjects or legal representatives);
c) Persons authorized by the operator:
- The companies responsible for ensuring the maintenance and servicing of the technical equipment - to the extent that the concrete situation is necessary and authorized by the administration;
- Responsible companies that provide software maintenance;
- Companies responsible for ensuring the external financial audit;
- Companies responsible for providing electronic communications services (internet);
d) Other personal data operators:
- National Center for the Protection of Personal Data;
- State Fiscal Service;
- Law enforcement bodies;
e) To the contractual partners or institutions in respect of which you have consented to the transmission of personal data.
a) Convention no. 108 for the protection of individuals regarding the automated processing of personal data (http://datepersonale.md/md/international003/);
b) General Data Protection Regulation no. 679/2016, https://eur-lex.europa.eu/legal-content/RO/TXT/?uri=CELEX%3A32016R0679;
c) Law of the Republic of Moldova, no. 133 of 08.07.2011 regarding the protection of personal data;
II. Information Society Services
Client – natural person/legal person who has or obtains access to the Gardyme application from any communication device: phone, tablet, PC, Laptop, etc. and who wishes to benefit from Gardyme services.
User – any natural/legal person registered on the site, who, by completing the Account creation process.
Contract – A contract concluded at a distance between the Provider and the Beneficiary (by accepting the Terms and Conditions, including in the case of making payments).
Content – Information that can be viewed or accessed through the use of electronic equipment.
a) The information placed on the Site aims to inform potential customers about the products and services offered through it, as well as the ways to access and use them;
b) All descriptions and presentations are taken from open sources of information;
c) Prices are indicated with all taxes included and are valid at the time of placing the order; d) Prices and services displayed may be changed without prior notice;
e) Your requests are processed online, and you will be promptly informed about its status. Our specialists are ready to answer any questions related to the services, but also to help you make the right choice;
f) If you requested and paid for the service online, the contract issued in electronic format will be accessible in the Gardyme application, settings section.
g) Payment is made in advance for the subscription for the preceding month;
h) If you have noticed certain inconsistencies in the exposed descriptions, please let us know.
a) The Gardyme Service is a complex of services offered by the Gardian App to the Beneficiary in order to ensure the integrity and physical and mental security, as well as the removal of risk factors for himself, family members or other persons identified by him through the services provided by,, Prosecutor Plus" SRL.
b) As a Security Agency, we offer the services of a well-known company on the market of the Republic of Moldova that carries out private security activity in accordance with the legislation of the Republic of Moldova, which operates on the basis of the respective contract, according to the authorization conditions. Which will provide mobile groups, employees of the Security Agency, equipped with a car and special means, intended for quick intervention upon receiving alarm signals from the Beneficiary through the Gardyme application.
c) The Beneficiary interacts with Gardian App through the Personal Cabinet, which is the Beneficiary's individual account created based on the active phone number. Access to the Personal Cabinet is made only by the client by entering the type identification data (login) and access password registered by the Beneficiary at the time of registration in the System. d) The alarm signal transmits the data from the Beneficiary's devices, in the area covered by the data services (mobile/wife etc.) which is granted by the network operators licensed in the field, in order to identify the location of the device from which they were generated the respective data, as well as for the purpose of providing him with Security Services by "Prosecutor Plus" SRL.
e) The procedure for signing the Contract is carried out by request for offer (Gardian App offers by stating the requirements in the Terms and Conditions and the Beneficiary accepts by obtaining and using the Gardyme application (in the case of free/test services) and pays according to the tariff plans), according to the requirements legislation regarding information society services.
a) Installing the Gardyme application (in the case of free trial services) and making payments according to the tariff plan for the selected subscription type, represents the offer/acceptance between the provider and the beneficiary, in accordance with the requirements of information society services. Depending on the payment method, Gardian App reserves the right to request the documents necessary to process and validate the request, such as: identity document and/or extracts from the State Register of Legal Entities. The Beneficiary is responsible for the validity, legitimacy and correctness of the data and information transmitted through the Personal Cabinet or of the additional documents requested.
b) Gardian App reserves the right to limit the maximum number of services purchased by a Beneficiary through the Gardyme application. Placing requests is available 24/24. The processing of requests by the operators is carried out according to the schedule of: - Monday - Friday: from 08:30 to 17:30; - Saturday - Sunday - days off; - days off for holidays - processing of applications will be possible on the next working day.
c) After placing the request to access the service, you will receive an automatic reply to the email address or SMS to the mentioned phone number. This response does not confirm the acceptance of the request but only its processing status. The request placed by you will receive the status of a validated request only after telephone confirmation or receipt by email from an operator of the confirmation of acceptance and its value. Payment of the request to access the service or the subscription for the contracted service is made according to the payment option selected at the rate set by Gardian App on the web page (www.gardy.me) or in the Gardyme application.
d) If you opted for cash payment, the payment is made to the Gardian App representative who will contact you and establish the place requested by you to pay the annual subscription for the contracted service and issue you a tax receipt; e) If you opted for payment by direct bank transfer, you will receive from the operator a proforma (account for payment) in which the bank details and payment term will be indicated. If you have not been able to pay the proforma within the indicated terms, you can opt for their extension. If you have not done so, the application will be canceled and you will receive notification of the cancellation of the application. To exclude any confusion or delays related to the bank route, please notify us about the payments made, by phone or email;
f) If you opted for payment by online bank card, you will be automatically directed to the secure page of the BC "MoldovaAgroindbank" SA payment environment, where you will enter the card data to make the payment. Cards accepted by BC MoldovaAgroindbank SA are accepted, including those issued under the VISA and MASTERCARD logos. No additional fee is charged for such payments. Transactions are carried out in lei (MDL), and the minimum transaction amount is 100 lei. If the bank card is associated with a currency other than leu (MDL), the transaction will be carried out at the exchange rate of the bank issuing the card. "Gardian App" SRL does not keep any details about the card. g) After completing the order, you will be redirected to a page with information on the status of your request.
a) The funds paid but not consumed by the Beneficiary who has a positive balance in his individual account, after withholding all payments for the provision of contracted and invoiced services until Gardian App receives the notice of termination of the contract at the address of the headquarters (Str. Spartacus 11/1 Chisinau municipality, Republic of Moldova), within a maximum of 14 calendar days, according to the law (105/2003 on consumer protection).
b) If you paid in cash, the return will be in cash at the cash desk in the Gardian APP headquarters. As a precaution, you will receive a phone call with the date and time when you can come to receive the money; c) If you paid by bank transfer, the return will be by bank transfer to the supplies indicated in the order/tax invoice issued; d) If you paid by bank card, the return will be through the bank on the card account with which the order was paid for.
e) The authorized authority with consumer protection functions in the Republic of Moldova: Agency for Consumer Protection and Market Surveillance; Address: MD-2012, Chisinau municipality, 78 Vasile Alecsandri str.; phone: 0(22) 515-151; e-mail: [email protected]; website: www.consumator.gov.md
Gardian App does not warrant that the Site, the servers on which it is hosted, or e-mails sent from Gardian App are free of viruses or other potentially harmful computer components, that they are free of omissions, defects, delays or interruptions in operation or transmission, crashes of line or other similar factors.
The customer has the option to create an account in Gardyme. The customer is solely responsible for the proper use of the Gardyme application, including inviting/connecting other people to it which would allow the monitoring and visualization of the geolocation of these people but also the way of using the information made available by the Gardyme application.
Gardian App will exercise utmost care so that no confidential information with/about/and in connection with any account opened on Gardyme remains confidential. The information submitted will be treated as confidential information and must be used only for the purpose for which it was submitted and must not be used for any other purpose without your written consent, unless:
a) were known by the party that received the information, before being brought to their attention by the party disclosing the information through a public channel, thus becoming public information; or
b) required to be disclosed by the applicable law, court decision or competent authorities.
Gardian App will at all times take all the measures provided by the Law in order to report to the competent authorities about possible fraudulent actions, including those of money laundering.
Gardian App may at any time modify the Terms and Conditions in the Gardyme application or on the website www.gardy.me, with the new provisions becoming public and binding on customers from the date they are uploaded to the site. 28. Procedure for returning funds
The Beneficiary who has a positive balance in his individual account funds other than those paid for the subscription (for prepaid services), after withholding all payments for the provision of contracted and invoiced services until the provider receives the notice of termination of the contract at the address of the headquarters of "Gardian App" SRL (Str. Spartacus 11/1, municipality of Chisinau, Republic of Moldova, MD- 2024), within a maximum of 14 calendar days, according to the law (105/2003 on consumer protection) . • If you paid in cash, the return will be in cash at the cash desk in the headquarters of "Gardian App" SRL. As a precaution, you will receive a phone call with the date and time when you can come to receive the money;
• If you paid by bank transfer, the return will be by bank transfer to the supplies indicated in the order/tax invoice issued;
• If you paid by bank card, the return will be via the bank to the card account with which the order was paid for. The authorized authority with consumer protection functions in the Republic of Moldova: Agency for Consumer Protection and Market Surveillance Address: MD-2012, Chisinau municipality, 78 Vasile Alecsandri str phone: 0(22) 515-151