“E-MARK” LLC (hereinafter also referred to as the Company) is the National Operator for the implementation of the marking system of the Republic of Armenia. The Company operates under the e-Mark brand.
This document sets out the rules for personal data processing and privacy protection when using the e-Mark mobile application, as well as the terms of use of the Application and the services available through it.
This document consists of the following interrelated parts:
The Policy and the Terms constitute a single document and shall be applied and interpreted together. In the event of any conflict between the Policy and the Terms concerning personal data processing, the provisions of the Policy shall prevail.
The Application is operated, the Service is provided, and personal data related to the use of the Application are processed by the Company.
Application – the e-Mark mobile application operated by the Company on the basis of ownership or another right, through which the User may use the Service.
Service – the software suite available through the Application that enables the User, by scanning an Identification Means, to receive information about a product, including information concerning its legality (authenticity), origin, and other information.
System – the information system for monitoring the circulation of goods subject to marking with control (identification) signs and the information systems interconnected with it.
Identification Means – a marking code presented in machine-readable form in the format of a two-dimensional DataMatrix code and intended to be applied directly to a product, its consumer or group packaging, a product set, or a product label.
User – any natural person or legal entity that has accepted the Terms and uses the Application.
Account – the User’s registered account in the Application, which contains data provided by the User and/or generated through the Application.
Other Platforms – social networks, identification services, or other external platforms, including Facebook, Google, or Apple ID, through which the User may register in the Application or log in to their Account.
OTP – a one-time confirmation code that may be sent to the User’s telephone number or used for User identification, login, telephone number change, or other security-related actions.
This Policy sets out the conditions, procedure, and periods for the collection, processing, and transfer of personal data when using the e-Mark mobile application, as well as the rights and obligations of the parties to the relevant legal relationship.
This Personal Data Processing and Privacy Policy (hereinafter also referred to as the Policy) applies to personal data relating to the User or another Data Subject that the Company receives or generates through the Application, Account, Service, System, the Company’s website, communications with the User, or other functions related to the Application.
The Policy and the Terms are interrelated and shall be applied together in accordance with the general part of this document.
By registering in the Application, creating an Account, logging in to the Application, or using its functions, the User confirms that they have read and understood the Policy. Where consent is required by law for personal data processing, the performance of the relevant action by the User or the provision of consent through the Application shall constitute an expression of such consent.
If the User does not agree with the Policy or does not wish to provide mandatory data, the User should not register in the Application or should discontinue its use. Failure to provide certain data or device permissions may make some or all functions of the Application unavailable.
The Policy does not govern data processing by Other Platforms, application stores, operating system providers, or other third parties, which operate under their own privacy policies and terms.
In certain cases, the Company may entrust personal data processing to other service providers on the basis of law, contract, or another instruction, subject to the requirements of the Policy and the legislation of the Republic of Armenia.
Data Subject – a natural person to whom the personal data being processed relate.
Personal Data – any information relating to a natural person that allows or may allow that person to be identified directly or indirectly.
Personal Data Processing – any operation performed on personal data, including collection, recording, entry, systematization, retention, use, transfer, rectification, blocking, depersonalization, or destruction.
Personal Data Transfer – an operation aimed at transferring personal data to, or otherwise making them available to, a specific or unspecified group of other persons.
Authorized Person or Service Provider – a person whom the Company has instructed, on the basis of law or contract, to process personal data on the Company’s behalf and in accordance with its instructions.
Blocking – the temporary suspension of the ability to collect, record, systematize, transfer, or use personal data.
When processing personal data, the Company is guided by the following principles:
Depending on the functions used by the User, the Company may process the following data:
Certain fields in the Application may be mandatory. If mandatory data are not provided, the Company may be unable to create an Account, identify the User, or provide the relevant function.
The Company may process personal data for the following purposes:
The Company does not use personal data for purposes incompatible with the purposes set out in this section or in the Terms of Use of the Application, unless the Data Subject has provided separate consent or another legal basis provided by law exists.
If the User registers or logs in through Other Platforms, including Facebook, Google, or Apple ID, the Company may receive only the data made available to the Company by the relevant platform and required for Account creation or login.
Other Platforms, operating system providers, and their services may independently process the User’s data in accordance with their own terms and privacy policies. The Company does not determine or regulate the purposes and means of personal data processing carried out by them.
The Company may engage providers of hosting, cloud infrastructure, identification, messaging and push notifications, technical maintenance, analytics, error detection, information security, customer support, or other technical services.
Service Providers are given access only to the amount of data necessary to perform their tasks. Their data processing is limited by the Company’s instructions, contract, and applicable legislation, and they are subject to appropriate personal data confidentiality and security obligations.
The Company may transfer personal data or grant access to them:
Personal data are transferred to third parties only to the extent necessary for the purpose of the transfer and where an appropriate legal basis exists.
Certain technical services used by the Application or Other Platforms may operate outside the Republic of Armenia or process data in other countries. Such transfer shall be carried out only on the grounds and under the conditions provided by the legislation of the Republic of Armenia.
The Data Subject may request information from the Company concerning the international transfer of their personal data, the categories of recipients, and the safeguards applied, to the extent provided by law.
The Company retains personal data for as long as objectively necessary to achieve the purposes of processing or for the period required by the Terms, law, or a binding requirement of a competent authority.
When determining the retention period, the Company takes into account the duration of Account activity, the need to provide the Service, the volume and nature of the data, security risks, legal obligations, the possibility of claims or disputes, and other lawful purposes for continued retention.
Upon deletion of the Account or discontinuation of use of the Application, the Company ceases processing data for which there is no longer a lawful purpose or legal basis and destroys, blocks, or depersonalizes the relevant data in accordance with applicable legislation and internal retention procedures.
Deletion of the Account does not result in the destruction of data that the Company is required to retain under law, this Policy, a requirement of a competent authority, for the defense of a dispute or claim, investigation of a security incident, prevention of abuse, or another lawful purpose. Access to such data is limited to the relevant purpose.
Depersonalized data that no longer allow the Data Subject to be identified may be retained and used for statistical or analytical purposes or to improve the Application.
The Data Subject has the right to:
The Data Subject may exercise their rights through the functions available in the Application or by sending a request to support@e-mark.am.
To prevent abuse of rights, unauthorized access to other persons’ data, or infringement of third-party rights, the Company may request reasonable information confirming the identity or authority of the person submitting the request.
The Company considers requests for the destruction or blocking of personal data in accordance with the procedure and time limits established by the legislation of the Republic of Armenia. In cases provided by law, the provision, rectification, blocking, or destruction of data may be refused by a reasoned decision.
Information concerning the Data Subject’s personal data shall be provided in an accessible form and shall not contain personal data of another Data Subject, except in cases provided by law.
The Company takes legal, organizational, and technical measures appropriate to the nature and volume of personal data processed and the potential risks in order to protect the data against accidental loss, destruction, alteration, blocking, copying, dissemination, unauthorized access, or other unlawful interference.
Such measures may include protection of data transmission and storage, restriction of access rights, authentication, activity logging, security monitoring, backup, software updates, vulnerability management, and the imposition of confidentiality obligations on employees and Service Providers.
Despite the measures applied, absolute security of data transmission over the internet or mobile communications and the use of any information system cannot be guaranteed. The Company continuously assesses and improves its protective measures to a reasonable and practicable extent.
In the event of a personal data leak or security breach, the Company takes the necessary steps to contain the breach, mitigate its consequences, eliminate its causes, and notify the bodies and persons specified by the legislation of the Republic of Armenia.
The User is obliged to maintain the confidentiality of their Account login credentials and OTP, not provide third parties with access to the Account, and immediately inform the Company of any suspected unauthorized access or security incident.
The Company has the right to amend the Policy to reflect changes in the functions of the Application, data processing activities, security requirements, or legislation.
A new version of the Policy may be published in the Application, on the Company’s website, or in another location accessible to the User. In the event of material changes, the Company may, where practicable and within the requirements of law, notify the User by email, push notification, or through the Application.
The new version enters into force upon publication or on a later date specified therein. Where new consent from the User is required by law for an amendment, the relevant processing shall not be carried out until such consent is obtained.
The current version of the Policy is available as part of this document in the Application or on the Company’s website.
Questions, applications, and complaints concerning the Policy, personal data processing, or the exercise of the Data Subject’s rights may be sent to support@e-mark.am. For general inquiries, the User may also contact info@e-mark.am.
Terms not separately defined in this Policy shall have the meanings assigned to them in the Terms of Use.
The Company may contact the person submitting a request in order to clarify the request, verify their identity or authority, and provide a response.
These Terms constitute a public offer and govern the procedure for using the Application and the services available through it, as well as the relations arising between the User and the Company.
The Terms are addressed to an unspecified circle of persons who wish to use the Application and/or the services provided through it.
By registering in the Application, creating an Account, or using any function of the Application, the User confirms that they have read and understood the Terms and the Policy and fully and unconditionally accept the Terms.
Acceptance of these Terms shall be deemed to establish contractual relations between the User and the Company to the extent defined by the Terms.
If the User does not agree with the Terms, they must not register in the Application or use the services available through the Application.
The User accepts that software may contain errors or defects.
The User accepts that the Company may carry out technical maintenance, updates, changes, or additions to the functions of the Application in order to ensure its security, efficiency, and usability.
The principal terms used in these Terms shall have the meanings assigned to them in the general part of this document.
The Application is available on iOS and Android platforms and enables the User to log in using various identification methods, scan Identification Means, receive information about products, manage personal data and Account settings, and use the information and contact sections available in the Application.
The Application enables the User to scan an Identification Means on a product or its packaging and receive information about the product available in the Application, the System, or relevant information systems. Scanning is performed through the Application by automatic recognition of the Identification Means placed on the product or its packaging.
As a result of scanning, the Application may provide the User, on the basis of data received from the System, server systems, or relevant information systems, with information concerning the relevant product, including:
Through the Application, the User may receive information concerning the legality (authenticity), origin, manufacturer, and circulation status of a product, as well as other data available in the Application.
The Application is intended for informational purposes and does not replace information provided by state authorities, manufacturers, importers, sellers, or other competent persons, unless otherwise provided by the legislation of the Republic of Armenia.
The Company does not guarantee that information received through the Application in all cases fully reflects the quality, safety, fitness, or suitability of a product or the good faith of the seller (manufacturer), unless such guarantee is expressly provided in a separate written statement of the Company.
The Company may periodically update the Application, modify existing functions, add new technical and software capabilities, and make other changes aimed at improving the operation of the Application.
The Company has the right to independently determine the scope, timing, and technical format of Application updates and the conditions for availability of new functions, while preserving the rights guaranteed to the User by the legislation of the Republic of Armenia and the Terms.
To use certain functions of the Application, the User may be required to create an Account or log in to their existing Account.
The User may register in the Application or log in to their Account through various identification methods made available by the Company, including:
During registration, the User must provide accurate, complete, and up-to-date data.
The following data may be requested from the User: name, surname, gender, telephone number, email address, and other data necessary to use the functions of the Application.
When registering or logging in to the Account through Other Platforms, the User agrees that the Company may receive and process data transmitted by the relevant platform that are necessary to identify the User, create the Account, log in to the Account, or use the relevant functions of the Application.
The Company shall not be liable for the actions, omissions, technical failures, availability restrictions of Other Platforms, or their terms of personal data processing.
If access is made from another device using the same telephone number, the same Account, or the same identification data, the Company has the right, for security purposes, to restrict, terminate, or close the active session on the previous device. The User agrees that such restriction may be applied to ensure Account security, prevent unauthorized access, fraud, and abuse, and ensure the normal operation of the Application.
The User is responsible for maintaining the confidentiality of their Account login credentials.
The User must immediately inform the Company if they suspect that their Account has been used without authorization or that there is a risk of an Account security breach.
The Company has the right to restrict, suspend, block, or delete the User’s Account if the User violates these Terms, uses the Application for unlawful purposes, or endangers the security or normal operation of the Application.
The User may access their personal account through the Application and manage their Account settings within the technical capabilities of the Application. Where available through the Application, the User may view, complete, or edit their personal data.
The User must ensure the accuracy, completeness, and currency of the data provided or modified by them.
The User may add or change the telephone number linked to their Account in the manner provided in the Application. Adding or changing a telephone number may be performed by OTP confirmation or another identification method defined by the Company. Changes available in the User’s Account through the Application are saved in the manner provided in the Application after the relevant action is performed.
The User may add or change their email address by means of a confirmation code or another confirmation procedure defined by the Company, where available. The Company may verify the validity of the email address provided by the User.
The telephone number and email address may be used for User identification, Account security, Account recovery, service notifications, and communication with the User. Marketing communications are sent only where a legal basis provided by the Policy and applicable legislation exists.
The Company has the right to refuse or temporarily restrict a change to the telephone number, email address, or other Account data if there is a security risk, doubt concerning the User’s identity, any risk of unlawful use of the Account, or any other technical defect.
The User may log out of their Account through the relevant function available in the Application. Logging out is not considered Account deletion and does not result in the automatic deletion of the User’s personal data. After logging out, the User may be required to log in again or undergo identification in order to use certain functions of the Application.
During Account deletion, the Application may request additional confirmation from the User. The reason for deleting the Account may be presented to the User as optional information.
The conditions for cessation of personal data processing as a result of Account deletion and for the subsequent retention of certain data are set out in the Policy and the legislation of the Republic of Armenia.
The Application may be available in Armenian, Russian, and English. The main language of the Application is Armenian.
The User may change the language of the Application at any time. A language change may affect the language of the Application interface (UI), the content of the FAQ section, electronic communications, and other information materials available in the Application.
The Application may include a “Frequently Asked Questions” (FAQ) section containing general information about the Application, the Service, registration, Account management, scanning of Identification Means, and other functions.
Information in the FAQ section is informational and explanatory and does not replace the Terms, the Policy, or the requirements of the legislation of the Republic of Armenia. In the event of a conflict, the relevant provisions of the Terms or the Policy shall apply and prevail, as appropriate.
The Application may include an “About e-Mark” section containing links to the official platforms of the Company or the Service, including Facebook, Instagram, the website, or other means of communication.
If the Application provides a technical means to submit an application, question, proposal, or complaint, the User may use it in the manner specified in the Application. User submissions are reviewed by the Company within a reasonable period.
The User has the right to:
The User is obliged to:
The Company has the right to:
The Company is obliged to:
Personal data related to the use of the Application are processed in accordance with the Policy set out in Part I of this document and the legislation of the Republic of Armenia.
The categories of personal data processed, the purposes and conditions of processing, the procedure for transfer, retention, blocking, and destruction of data, and the rights of the Data Subject are set out in the Policy.
In the event of a conflict between the Terms and the Policy concerning personal data processing, the Policy shall prevail.
The Parties shall be liable in accordance with the legislation of the Republic of Armenia for non-performance or improper performance of the obligations set out in these Terms.
The User is liable for actions carried out through the Application, actions performed through their Account, and the accuracy of the data provided by them.
The Company shall not be liable for damage arising from the User’s violation of the Terms, provision of false data, failure to comply with Account security rules, or use of the Application for purposes other than those intended.
The Company shall not be liable for consequences arising from the User’s failure to compare information received as a result of scanning an Identification Means with the data available on the product or its packaging, or from misinterpretation of such information, except where such liability is expressly provided by the legislation of the Republic of Armenia.
The Parties shall be released from liability for non-performance or improper performance of obligations under these Terms where such non-performance or improper performance is caused by force majeure circumstances, including, without limitation, fire, flood, earthquake, actions or omissions of state authorities, in particular restrictions on foreign exchange operations, or armed hostilities, provided that such circumstances directly affected the performance of these Terms.
Where force majeure circumstances exist, performance of the relevant obligations shall be postponed for the duration of such circumstances.
The Parties shall seek to resolve all disputes, disagreements, and claims arising from the Terms or use of the Application through negotiations and consultations within 30 (thirty) days.
If no agreement is reached through negotiations, the dispute shall be resolved by the competent courts of the Republic of Armenia in accordance with the legislation of the Republic of Armenia.
The Company strives to ensure the uninterrupted and secure operation of the Application; however, unless otherwise provided by the legislation of the Republic of Armenia, the Company shall not be liable for temporary unavailability of the Application or the Service, technical failures, unavailability or loss of information, third-party services, or failures of external systems.
The invalidity or inapplicability of any provision of this document shall not result in the invalidity or inapplicability of its remaining provisions.
The Company’s failure to exercise any right, or delay in exercising it, shall not be deemed a waiver of that right.
The Application, its design, name, logo, software, databases, texts, graphic elements, and other materials made available in the Application are the intellectual property of the Company or the relevant right holders and may be used only within the functions of the Application.
The current version of this document is available to the User in the Application and/or on the Company’s website.
Questions, applications, and complaints concerning this document may be sent to support@e-mark.am. For general inquiries, the User may also contact info@e-mark.am.
The Company may provide notices by sending a message to the telephone number or an email to the email address specified by the User during registration, as well as through the Application.
This document shall be governed by the legislation of the Republic of Armenia.
This document is drawn up in Armenian, Russian, and English. In the event of any discrepancy between the Armenian version and a version in another language, the Armenian version shall prevail.