Individual business Olha Shliakhtych, who manages the website samopal.international, (hereinafter, the “IB”), understanding the importance of ensuring the privacy and inviolability of individuals’ Personal Data, enters with you (the “Participant”) into the Privacy Agreement (the “Agreement”) setting the procedure for obtaining, storing, processing, using, and disclosing by the IB of the Participant’s Personal Data as the Participant uses the Services of the IB and the Internet site samopal.international (the “Website”).To use the Website and the Services, the Participant is required to accept the conditions of this Agreement. The Participant may not use the Website and the services offered on the Website (“Services”) if they disagree with the terms and conditions hereof.
Terms and definitions
Personal Data means information about specific Participant that enables to identify such Participant as personality.
Public Data means information (including Personal Data) to which an individual, the owner of such data, has given access for general public (including by posting on any website without restriction of access to such data) or to which, in accordance with this Agreement and/or applicable Ukrainian legislation, no privacy requirement applies.
Cookie means a piece of data created by the Website and stored in the Participant’s computer as one or more files. Cookies contain no Personal Data and may be blocked by the Participant at any time.
Services means any sale and purchase offers posted on the Website that are provided by the IB and used by Participants in the manner and subject to the conditions set forth in the Public Offer of such services.
1. Subject of the Agreement
1.1. This Agreement sets the procedure for obtaining, storing, processing, using, and disclosing the Personal Data, Public Data, and other data that the Participant gives to the IB while using the Website and the Services.
1.2. By using any part of the Website and the Service, the Participant grants to the IB the right to obtain, store, process, use, and disclose the Participant’s Personal Data subject to the conditions of this Agreement.
1.3. This Agreement does not govern, and the IB is not responsible for, the procedure for obtaining, storing, processing, using, and disclosing the Participant’s Personal Data by third-party enterprises or organizations, which are not owned or managed by the IB, or any individuals, who are not IB employees, even if the Participant gains access to such persons’ websites, software, goods, or services by using the Website.
1.4. The purpose of obtaining, storing, processing, and using the Participant’s Personal Data, Public Data, and other data is to protect the Participant’s and Website’s interests and provide the Participant with the Services, including the display of targeted, personalized, or general information and improvement of the existing and creation of new websites and services that are rendered by the Website.
2. Information Receipt, Processing and Use
2.1. As they create an order for Services on the Website, the Participant shall specify their name, surname, e-mail address, country of residence, city of residence, contact telephone number, electronic address, and other data. Once the order is created on the Website, the IB can identify the Participant each time they use the Website.
2.2. The IB may load Cookies on Participant’s computers (unless Participant restricts such possibility in their web browser independently) and obtain, store, process, and use the information contained in a Cookie. The following cookie file types are used on the Website:
2.2.1. Critical cookies. Those are files required for correct Website operation and to meet the terms of this Agreement. Such cookies include, for instance, files that enable to view protected pages of our website and use the shopping cart or electronic billing services.
2.2.2. Analytical/operating cookies. They enable to identify and calculate the number of visitors and analyze their website navigation. This helps improve the Website operation, for instance, make it easier for Participants to find desired information.
2.2.3. Functional cookies. Used to identify the Participants when the Participants re-visit the Website.
2.2.4. Targeted cookies. Such cookie files record information about Participant’s visit to the Website, pages visited by the Participants, and links followed. Information about Participants’ choices and preferences are necessary for the Website and advertisement displayed thereon to better suit the Participants’ interests. For the same purpose, the IB may also share such data with third parties.
2.3. As the Participant uses the Website and the Website Services, the Website will automatically store, process, and use Participant’s data other than Personal Data, for instance, Participant’s IP address, Participant’s location data that may be obtained by using their IP address, technical specifications of the Participant’s computer, presence or absence of specific software in the Participant’s computer, such software’s settings, Cookies, and statistical information about Participant’s activity.
2.4. The IB may store Participant’s Personal Data, Public Data, and other data in such scope and for such periods as are necessary to fulfill the purpose described herein or for such periods as set by applicable Ukrainian legislation, standards of international law, or legislation of the Participant’s country of residence or stay, or until the Participant deletes such data.
3. Access to Information
3.1. The IB undertakes not to give Personal Data to third parties for commercial purposes without consent of the Participant who owns such data. Personal Data may only be transmitted to third parties:
1) after obtaining the consent of the Participant who owns such information;
2) if Personal Data must be transmitted to fulfill Participant’s order or request;
3) on reasonable requests from government authorities that are authorized to obtain such data; or
4) if, in the IB’s opinion, the Participant breaches the terms of this Agreement and/or other agreements and arrangements between the IB and the Participant.
3.2. The Participant shall authorize the IB to permit other companies, with whom the IB has made the appropriate agreements, to obtain, store, and process Participant’s data (except for Personal Data) such as Participant’s IP address, Cookies, and statistical information about Participant’s activity for improving any services rendered by such companies and advertisement information.
3.3. The Participant agrees that confidentiality of data communicated via the Internet is not guaranteed, and in the event that third parties obtain access to such data outside the area of communication facilities under the IB’s control, the IB shall not be liable for any damages so caused.
3.4. The Participant may request for, modify, or delete their Personal Data that are available to the IB. For that purpose, the Participant shall make the appropriate demand by mailing it to the IB’s contact address shown on the Website, unless the Website’s functionality provides for no other independent way of Personal Data request, modification, or deletion.
4. Supplementary Conditions
4.1. The IB may amend this Privacy Agreement. All Agreement amendments shall be available as a restated Agreement. All Agreement amendments shall become effective upon their publication. By using the Services or the Website, the Participant confirms their consent to the new terms of the Agreement as in effect when the Participant uses the Services and/or the Website.
4.2. The IB shall not be liable for loss or damage incurred by the Participant or third parties as a result of erroneous understanding or misunderstanding of the terms of this Agreement, instructions, or directions related to Website use procedure, data posting procedure, and other technical matters.
4.3. If any part of this Agreement is found invalid or unenforceable, the other parts hereof shall remain effective. Waiver by either party of any provision or condition of this Agreement or any breach thereof shall not invalidate such provision or condition.
4.4. This Agreement and relations between the IB and the Participant that arise in connection with Website use shall be government by Ukrainian legislation. Each party irrevocably agrees that competent Ukrainian courts shall have exclusive jurisdiction over any claims, disputes, or differences relating to the Agreement and Website use.5. Personal Data Subject’s RightsThe IB hereby advises that the Participant, as a personal data subject, shall have the rights as contemplated in the Law of Ukraine “On Personal Data Protection, in particular, to:
1) know the sources of collection and location of their personal data, the purpose of their processing, the location or place of residence/stay of the personal data holder or controller or give the appropriate instructions for their authorized persons to obtain such information except as prescribed by law;
2) obtain information about the terms of access to their personal data, in particular, information about any third parties to whom its personal data are transmitted;
3) obtain, no later than in thirty days from the day their request is received, except as otherwise provided by law, an answer whether their personal data are processed and obtain the content of such personal data;
4) make a reasonable demand to personal data holder objecting against their personal data processing;
5) make a reasonable request for modification or deletion of their personal data by any personal data holder and controller if such data are processed illegally or are inaccurate;
6) protection of their personal data from illegal processing and accidental loss, destruction, or damage in connection with deliberate hiding, non-provision, or untimely provision and to protection against provision of information that is inaccurate or denigrates individual’s honor, dignity, and business reputation;
7) file complaints against processing of their personal data with the Designated Officer or court;
8) use legal remedies if personal data protection laws are violated;
9) make reservations limiting the right for processing their personal data while giving their consent;
10) revoke their personal data processing consent;
11) know the automated personal data processing mechanism; and