1. GENERAL PROVISIONS
To use the Site and the Services, the Participant is obliged to accept the terms of this Agreement. The Participant has no right to use the Site and the services provided by the Site (hereinafter — the “Services”) if they do not agree with the terms of this Agreement.
2. TERMS AND DEFINITIONS
“Personal data” — information about a particular Participant that makes it possible to identify that Participant as an individual.
“Publicly available data” — information (including Personal data) to which the individual who owns this data has granted access to an unlimited circle of persons (including by publishing it on any internet site without restricting access to this data) or to which, in accordance with this Agreement and/or the current legislation of Ukraine, the requirement of confidentiality does not apply.
“Cookie” — a fragment of data created by the Site and stored on the Participant’s computer as one or more files. Cookies do not contain Personal data and can be blocked by the Participant at any time.
“Services” — any purchase-and-sale offers posted on the Site that are provided by the Sole Proprietor and used by Participants in the manner and under the terms defined by the Public Offer for such services.
3. SUBJECT OF THE AGREEMENT
3.1. This Agreement defines the procedure for receiving, storing, processing, using and disclosing Personal, Publicly available and other data provided to the Sole Proprietor by the Participant when using the Site and the Services.
3.2. By using any part of the Site and the Services, the Participant grants the Sole Proprietor the right to receive, store, process, use and disclose the Participant’s Personal data under the terms of this Agreement.
3.3. This Agreement does not regulate, and the Sole Proprietor is not responsible for, the procedure for receiving, storing, processing, using and disclosing the Participant’s Personal data by third-party enterprises and organisations that are not owned or managed by the Sole Proprietor, and by individuals who are not employees of the Sole Proprietor, even if the Participant gained access to the sites, software, goods or services of these persons via the Site.
3.4. The purpose of receiving, storing, processing and using the Participant’s Personal, Publicly available and other data is to protect the interests of the Participant and the Site, as well as to provide the Participant with Services, including displaying targeted, personalised or general information, improving the quality of existing and creating new sites and services provided by the Site.
4. RECEIVING, PROCESSING AND USING INFORMATION
4.1. When using the Site to obtain Services, the Participant provides their first name, last name, patronymic, email address, contact phone number, and other data that they provide voluntarily. After creating an order on the Site, the Sole Proprietor obtains the ability to identify the Participant each time they use the Site.
4.2. The site administration has the right to download Cookie files onto Participants’ computers (unless the User has independently restricted this option in their web browser), as well as to receive, store, process and use the information contained in Cookies.
4.3. When the Participant uses the Site and the Services on the Site, the Site automatically stores, processes and uses the Participant’s non-personal data, for example: the Participant’s IP address, data about the Participant’s location that can be determined from their IP address, the technical parameters of the Participant’s computer, the presence or absence of specific software on the Participant’s computer, the settings of that software, Cookie files, as well as statistical information about the Participant’s activity.
4.4. The Sole Proprietor has the right to store the Participant’s Personal, Publicly available and other data to the extent and for the periods necessary to achieve the purpose specified in this Agreement, or for the periods established by the current legislation of Ukraine, the norms of international law, or the legislation of the Participant’s country of residence or stay, or until the Participant deletes this data.
5. ACCESS TO INFORMATION
5.1. The Sole Proprietor undertakes not to provide Personal data to third parties for commercial purposes without the consent of the Participant to whom this data belongs. The transfer of Personal data to third parties is permitted in the following cases:
– after obtaining the consent of the Participant to whom this information belongs;
– when it is necessary to transfer Personal data in order to fulfil the Participant’s order or request;
– upon justified requests from state authorities entitled to receive such data;
– if, in the opinion of the Sole Proprietor, the Participant violates the terms of this Agreement and/or other contracts and agreements between the Sole Proprietor and the Participant.
5.2. The Participant allows the Sole Proprietor to grant permission to other companies with which the Sole Proprietor has concluded relevant agreements to receive, store and process data about the Participant (other than Personal data), such as the Participant’s IP address, Cookie files, as well as statistical information about the Participant’s activity, in order to improve the quality of the services and advertising information provided by these companies.
5.3. The Participant agrees that the confidentiality of data transmitted over the Internet is not guaranteed, and if access to this data is obtained by third parties outside the zone of technical communication facilities controlled by the Sole Proprietor, the Sole Proprietor is not responsible for the damage caused by such access.
5.4. The Participant has the right to request, change or delete their Personal data held by the Sole Proprietor. To do this, the Participant must submit a corresponding request by sending it to the Sole Proprietor’s contact address indicated on the Site, unless another independent method of requesting, changing or deleting Personal data is provided by the technical capabilities of the Site.
5.5. The Site’s service provides for the Participant to make and/or receive payments using third-party payment systems that are not subordinate to the Sole Proprietor and have their own terms of use and privacy policy.
6. RIGHTS OF THE PERSONAL DATA SUBJECT
6.1. The Sole Proprietor hereby notifies that the Participant, as a personal data subject, has the rights provided for by the Law of Ukraine “On Personal Data Protection”, namely:
1) to know about the sources of collection and the location of their personal data, the purpose of its processing, the location or place of residence (stay) of the owner or manager of the personal data, or to give a corresponding instruction to obtain this information to persons authorised by them, except in cases established by law;
2) to receive information about the conditions for granting access to personal data, in particular information about third parties to whom their personal data is transferred;
3) to access their personal data;
4) to receive, no later than thirty calendar days from the date of the request, except in cases provided for by law, a response as to whether their personal data is being processed, as well as to receive the content of such personal data;
5) to submit a reasoned demand to the owner of personal data objecting to the processing of their personal data;
6) to submit a reasoned demand for the change or destruction of their personal data by any owner and manager of personal data if this data is processed unlawfully or is inaccurate;
7) to the protection of their personal data from unlawful processing and accidental loss, destruction, damage in connection with intentional concealment, failure to provide or untimely provision, as well as protection from the provision of information that is inaccurate or discredits the honour, dignity and business reputation of the individual;
8) to file complaints about the processing of their personal data with the Commissioner or with a court;
9) to apply remedies in the event of a violation of the legislation on personal data protection;
10) to make reservations regarding the restriction of the right to process their personal data when giving consent;
11) to withdraw consent to the processing of personal data;
12) to know the mechanism of automatic processing of personal data;
13) to protection from an automated decision that has legal consequences for them.
7. ADDITIONAL TERMS
7.1. The Sole Proprietor has the right to make changes to this Privacy Agreement. All changes made to the Agreement will be available in the form of a new version of the Agreement. All changes to the Agreement take effect from the moment they are published on the Site. By using the Services or the Site, the Participant confirms their agreement with the new terms of the Agreement in the version in effect at the time the Participant uses the Services and/or the Site.
7.2. The Sole Proprietor is not responsible for any harm or losses incurred by the Participant or third parties as a result of a mistaken understanding or misunderstanding of the terms of this Agreement, instructions or directions on the procedure for using the Site, on the procedure for posting data and other technical matters.
7.3. If any part of this Agreement is found to be invalid or unenforceable, the other parts of the Agreement remain in force. A waiver by either party of any provision or condition of this Agreement, or any breach of them, does not cancel the operation of that provision or condition.
7.4. The legislation of Ukraine applies to this Agreement and to the relations between the Sole Proprietor and the Participant that arise in connection with the use of the Site. Each party irrevocably agrees that the relevant courts of Ukraine have exclusive jurisdiction over any claims, disputes or disagreements relating to the Agreement and the use of the Site.
