TERMS AND CONDITIONS

REGARDING THE PROTECTION OF PERSONAL DATA AND INFORMATION SOCIETY SERVICES

PROTECTION OF PERSONAL DATA
1. The operator of personal data

1.1 "Gardian APP" LLC (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, 11/1 Spartacus Street, The Republic of Moldova, in the name 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 operator).

The terms used in this Regulation have the following meaning:
The responsible authority – the National Center for the Protection of Personal Data is considered;

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, economical situation , 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;
operator – 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;
person authorized by the operator – 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;

2. Who can use Gardyme
2.1 The use of Gardyme can be carried out by any natural person or representative of the legal person, and in the case of minors, only with the consent of the legal representatives.
2.2 The activities carried out by the operator are intended for persons resident in the Republic of Moldova, or, as the case may be, for other persons in connection with the object of Gardian APP's activity.
2.3 All information accessible on the site regarding text content, image, structure, etc. are intended exclusively for natural/legal persons for personal use and are protected in accordance with national copyright and related rights legislation. Any copying or use of this information for purposes other than those stated is prohibited and leads to liability in accordance with current legislation.
2.4 Gardyme is predestined for mobile devices, running on Android and IOS operating systems downloaded from the online stores App Store (for iOS operating system) or Google Play (for Android operating system). The mobile application can only be used by Gardmy customers.

3. System authentication mode
3.1 Registration in the system is carried out by accessing the www.gardy.me web page or directly from the App Store or Google Play stores from which it is necessary to record the following categories of data:
· 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).

3.2 When filling in the stated mandatory sections, the user account will be activated by confirming the OTP code and further in the case of payment of the subscription. Registration will be successful only after filling in all mandatory fields.
3.3 Upon completion of filling in the specific fields, the personal data subject must verify that the personal data entered by him are true and belong to him.
3.4 By completing these steps, you will have a personal cabinet in Gardyme.

4. Categories of personal data processed
4.1 The operator will collect the following categories of personal data: name, surname, date, month and year of birth, bank data, geolocation data, data of people in the phone book, data on family members or close people; technical data (such as: IP, data packages, set language, requested services, etc.), phone number as applicable, address where the Gardyme service was requested, complaints, data about what happened, other related data with the services provided by Gardyme.
4.2 Within this record system, the collection of the special category of personal data is prohibited.
4.3 The creation of profiles or profiling will not be carried out within this record system.

5. Purpose of personal data processing
5.1 Personal data are collected and processed within the record system for the purpose of:
a) keeping records of contractual beneficiaries (Gardyme clients) who requested/ utilized Gardyme services;
b) providing support regarding Gardyme services;
c) for the purpose of commercial prospecting/direct marketing;
d) statistical purpose;
e) fulfillment of other obligations resulting from legal relationships established with clients.

5.2 The operator does not process personal data for purposes other than those indicated.

6. Notification regarding authorized persons and cross-border transfer
6.1 Personal data will be stored on servers in the Republic of Moldova managed by the company "Gardian APP" LLC or by its subcontractors such as the company "Titanium Soft" LLC and or other subcontractors, which ensure software maintenance, program development, but under operator monitoring and control.
7. The legal basis for processing personal data
7.1 The data used for direct marketing/commercial promotion will be processed based on the consent of data subjects/representatives of legal entities interested in Gardian products and services or based on another legal basis such as contract or legitimate interest.
7.2 A separate consent will not be concluded if the data is collected directly from the beneficiary (by interviewing/questioning face to face or by telephone, or the data will be recorded in the system through the application interface directly by the user), in case of:
a) 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.
7.3 In all cases of personal data processing in the absence of a separately concluded consent, the operator or the persons authorized by the operator will inform the data subjects at least about: the purpose for which the data is collected, the legal basis, the volume and categories of data, the storage period, the method of use, the persons authorized by the operator as well as their rights.
7.4 The personal data operator informs that the personal data can also be used for other purposes expressly provided by law, such as: at the request of the police sector bodies or bodies with a control function - activities that the data operator cannot predetermine but takes them into account when collecting personal data. In the case of such situations, the data operator will verify the correspondence of the request in terms of compliance with the principles of personal data protection and will execute it only in the case of the existence of the purpose and the legal basis.

8. Recipients of personal data
8.1 The Operator may disclose personal data to:
a) Employees - within the limits of the functional attributions distributed by the internal documents;
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[1];

e) To the contractual partners or institutions in respect of which you have consented to the transmission of personal data.
8.2 Transmission to other third parties without the consent of the data subject is prohibited.

9. Processing of personal data in the context of using information society services
9.1 In accordance with the provisions of Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data and repealing Directive 95/46 /CE (General Data Protection Regulation), and Law no. 133/2011 on the protection of personal data of the Republic of Moldova, Gardian App has the obligation to process in safe conditions and only for the purposes specified below, the personal data you provide us about you.
9.2 Your personally identifiable information will not be sold, exchanged, transferred or given to any other company for any reason without your consent. This does not include trusted third parties, in the case of Gardian APP proxies, who assist us in ensuring the maintenance of the platform , as long as the parties keep this information confidential.
9.3 By using the services of the information society, you accept the terms and conditions of personal data protection. Personal data may only be processed for the purposes set out above as long as necessary according to the tax legislation in force. Gardian APP may reserve the right to process, on legitimate grounds, certain personal data more than provided by the tax legislation in force, exclusively if the competent national authorities can decide certain investigations according to the terms provided in the Administrative Code, the Criminal/Contravention Code or other specific laws. Other personal data processed by Gardian App can only be used if you express your explicit and granular consent on one of our/our agents' websites.

10. Rights of personal data subjects
10.1 The right to information - consists in the right to be informed before the personal data is collected and processed regarding the identity of the operator, the purpose for which the data is processed, the recipients or categories of recipients of the data, the existence of the rights provided by the Law regarding the protection of personal data, as well as the conditions under which they can be exercised.
10.2 The right of access to data - consists in the right to obtain from the operator, on the basis of a request, confirmation/denial of whether the personal data concerning him have been processed or not, information regarding the purposes and categories of processed data, the recipients or the categories of recipients to whom the data is disclosed, the way in which the automated data processing is carried out, the legal consequences generated by the data processing for the data subject and the way to exercise the right to intervene on personal data.
10.3 The right to intervene - consists in obtaining, based on a request, the rectification, updating, blocking, deletion or transformation into anonymous data of information whose processing does not comply with the requirements of the Law on the Protection of Personal Data, especially incomplete or inaccurate data.
10.4 The right of opposition - consists in the right to oppose at any time, for well-founded and legitimate reasons related to his particular situation, that the data concerning him be subject to processing, except in cases where there are legal provisions that provide otherwise.
10.5 The right not to be subject to an individual decision - consists in the possibility to request and obtain the withdrawal, cancellation or re-evaluation of any decision that produces legal effects regarding the data subject that was adopted exclusively on the basis of automated processing intended to evaluate some aspects of his personality, such as professional competence, credibility, behavior or other such aspects.
10.6 The right to justice - consists in the right to address the National Center for the Protection of Personal Data or the court, for the defense or reinstatement of the injured rights. You therefore have the right to lodge a complaint with the National Center for Personal Data Protection if you are not satisfied with any aspect of our processing of your personal data or believe that we are not fulfilling our responsibilities as a data controller. The contact details of the Authority are: MD-2004, Republic of Moldova, Chisinau municipality, 48 Serghei Lazo str., tel: +373-22-820801, fax: +373-22-820807, e-mail: [email protected]
10.7 To exercise these rights, you can send a written request using the postal services to the address: municipality of Chisinau, 38 S Lazo str., to the attention of the person in charge of personal data protection or by using the electronic mail services [email protected] or at the legal address. We will respond to the request within a maximum of 15 days from the date of its receipt.
10.8 You may also refuse to provide personal data to the Gardian App. The refusal to provide such data does not exclude the legal basis for processing established by art. 5 para. (5) of Law no. 133/2011 on the protection of personal data.

11. Cookies
11.1 The data operator processes two types of cookies: per session and fixed. The latter are temporary files that remain in the user's terminal until the session ends or the application (web browser) is closed.
11.2 Cookies themselves do not request and are not attached to other additional information that could lead to the identification of unregistered visitors.
11.3 At the end of the internet session, session cookies are automatically deleted or kept according to the storage terms indicated in the push notification.

12. Blocking access to the site
12.1 Access to the site may be blocked if:
a) You have violated the rules and requirements set out above;
b) The right of opposition has been achieved.
13. Applicable Legal Framework and Jurisdiction
13.1 The personal data processing operations carried out are carried out under the supervision of the operator from the Republic of Moldova.
13.2 Regardless of the legal headquarters of the persons authorized by the operator, when processing personal data, they will ensure compliance and security of personal data processing at least at the level of the following national and international acts:
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
14. Definitions
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 became one 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.

15. General conditions
By accessing this site, you agree to the following:
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.

16. Description of services
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" LLC.
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" LLC.
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 of the legislation regarding information society services.

17. Placement of service request and payment
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. The payment of the request to access the service or the subscription for the contracted service is made according to the selected payment option at the rate set by Gardian App on the website (www.gardy.me) or in the Gardyme app.
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" JSC payment environment, where you will enter the card data to make the payment. Cards accepted by BC MoldovaAgroindbank JSC are accepted, including those issued under the VISA and MASTERCARD logos. No additional fee is charged for such payments. Transactions are carried out in leis (MDL), and the minimum transaction amount is 100 leis. 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" LLC 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.

18. Procedure for returning funds
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 (11/1 Spartacus Str., 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

19. Intellectual Property Rights and Content
19.1 The website www.gardy.me and the Gardyme App is the property of Gardian App. The site is intended for the promotion of Gardyme application services, including but not limited to logos, stylized representations, commercial symbols, static images, dynamic images, text and/or multimedia content presented, structure, functionalities, etc. are the exclusive property of Gardian App, with all rights conferred by law directly or indirectly (through use and/or publication licenses) being reserved.
19.2 The Beneficiary is not permitted to copy, distribute, publish, transfer to third parties, modify and/or otherwise alter, use, link to, display, include any content in any context other than that originally intended by Gardian App, include any content in outside the Site, removing the signs signifying Gardian App's copyright on the content as well as participating in the transfer, sale, distribution of materials made by reproducing, modifying or displaying the content, except with the express written consent of Gardian App. Any content to which the Beneficiary has and/or obtains access by any means, is subject to these requirements, if the Content is not accompanied by a specific and valid User Agreement concluded between the Company and it, and without any implied warranty or expressly made by Guardian App with reference to that content.
19.3 No Content transmitted to the Beneficiary, by any means of communication (electronic, telephone, etc.) or acquired by him by accessing, visiting and/or viewing does not constitute an obligation on the part of Gardian App and/or the employee/agent who mediated the transfer of Content, if any, against said content. Any use of the Content for purposes other than those expressly permitted by these Terms and Conditions or the accompanying user agreement, if any, is prohibited.
20. Exemption from Liability
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.
21. User Registration
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.

22. Privacy Policy
Gardian App will exercise utmost care so that any 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) it was 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) it was required to be disclosed by the applicable law, court decision or competent authorities.

23. Fraud.
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.


24. Limitation of liability
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 enforceable against customers from the date of their upload to the site.


[1] public authority or a subdivision of such authority, competent for the prevention, investigation, detection of crimes, for the purpose of implementing criminal procedures, prosecuting crimes or executing criminal penalties, including protecting and preventing threats to public order , such as, but not limited to: the police, prosecution bodies, customs bodies, penitentiary institutions, bodies for the prevention and combating of corruption, money laundering, terrorist financing, recovery of criminal assets, probation bodies, state security bodies.