Last updated: March 9, 2019
This Policy shall enter into force as of the moment you first access the Website or use Services. Should you disagree with any provision of this Policy you shall cease using the Website or any Services immediately. The content of the Website, and Websites accessible from hyperlinks on the Website, do not form an integral part of this Policy. If you are using Services on behalf of any entity, you are authorized to accept this Policy on such entity’s behalf and that such entity will be responsible for any damage arising out of a breach of this Policy by you or any other employee or agent of such entity (in such event references to “you” in this Policy refer to you and such entity, jointly).
Your access to and/or use of the Services is conditioned on your acceptance of and compliance with this Policy. This Policy applies to all visitors, users and others who access website or use the Services.
We will provide notice of any amendment to this Policy by posting any revised document to the Website and updating the “Last updated” field above accordingly, or by any other method we deem appropriate. We are not obligated to provide notice in any other method beyond these. Any change to this Policy will be effective immediately upon such notice and will apply to any ongoing or subsequent use of the Website and Services.
By accessing the Website and/or using the Services, you agree to be bound by this Policy. If you disagree with any part of this Policy, then you may not access the Website and/or use the Services.
Collection of Data and Information. When you are using the Website and/or Services, you may provide your personal data and information voluntarily, including but not limited to your name, email address, depending on your method of payment, IP address, device information including, but not limited to, identifier, name, and type, operating system, mobile network information, and standard web log information, such as your browser type, and the pages you accessed on our Website, as well as other information that may be collected by the Data Controller and/ or third parties’ services implemented on the Website. In addition, you may provide some information involuntarily such as any information sent to Data Controller by your computer, phone or other access device. This information may include your IP address, device information, including but not limited to identifier, name and type, operating system, location, mobile network information, and standard web log information, such as your browser type, traffic to and from Website, and the pages you accessed on Website. In addition, Data Controller may collect personal information from or about you in other ways, such as your interaction with Customer Support or contractual relationships with Data Controller. Data Controller is not obligated to collect any of your information and may do it at its own discretion.
Fulfilling form. In order to use Website and/or Services, you may be requested to fill up personal information and/or fill a form and provide your personal data and information, such as name and email address, and any other information as may be required by Data Controller. Data Controller may require you to provide additional information to verify your identity, address, or any other information in your form, such as your date of birth and other information, directly or through a third party. You are responsible for relevance and validity of information to be provided when you fill a form. Data Controller is not obligated to verify your identity or any other personal information, and may do it at its own discretion.
You can review your personal information by request to Data Controller. You can edit your personal information or delete your form by contacting Data Controller. However, if you delete your information, your personally identifiable information will not be used by Data Controller for any further purposes, nor sold or shared with the third parties, except as necessary to prevent fraud or money laundering, and assist law enforcement in accordance with this Policy. Data Controller has the right to enter into relationship with anyone on special conditions (including commercial conditions) which may be different from those stipulated by this Policy.
Use of Log Files. Data Controller may use the log files to collect your Internet protocol (IP) addresses, type of browser, Internet Service Provider (ISP), date/time stamp, referring/exit pages, other technical information and number of clicks to analyze your activity on the Website, collect geographic and demographic information, and evaluate content of the Website. Information collected from log files is not personally identifiable. Data Controller is not obligated to use log files and may do it at its own discretion.
Storing, Using, and Sharing Your Data and Information. Data Controller will store your personal information in its database. Data Controller may contract third parties to store your personal information. Data Controller does not sell or rent your personal information to third parties for their marketing purposes without your explicit consent. Data Controller may use your personal information to customize your use of Website and Services; analyze your activity on Website, including through third parties such as Google Analytics and alike; evaluate and improve its marketing efforts, and for other reasons relevant to your use of Website and Services.
Data Controller may share your personal information with: (a) third parties who provide services to Data Controller for storing your personal information, fraud prevention, marketing and technology, services of a sale; such third parties are bound by contracts with confidentiality and non-disclosure clauses and may not use your personal information for any reason other than specified in this Policy; (b) any other processor of your payment; (c) third parties who provide services to Data Controller; (d) law enforcement, government officials, or other third parties when Data Controller is required to provide your personal information by law, subpoena or court order; (e) parent and/or subsidiary and/or affiliated Data Controller; (f) third party identification services providers for fraud prevention and to comply with anti-money laundering and know your customer regulations; (g) law enforcement, government officials, or other third parties if (i) we are compelled to do so by a governmental order or by law; or (ii) we believe in good faith that the disclosure of personal Information is necessary to prevent physical harm or financial loss, to report suspected illegal activity or to investigate violations of our terms; (h) other third parties with your consent or direction to do so.
Accessing or/and Correcting your Information. In some instances, you may visit our Website to verify and update certain information. If you are not able to update your information on our Website, please contact us. We will use commercially reasonable efforts to accommodate requests to update your information.
Requesting an erasure of data or restriction on processing. In some instances, you may request an erasure of your data or request to restrict its processing. If we do not have clear legal grounds as defined by applicable law not to satisfy your request, we will proceed with it.
International Transfers. The Data Controller and the Website are headquartered in Ukraine. Please be aware that information you provide to us or that we obtain as a result of your use of the Website may be collected in your country and subsequently transferred to another country in accordance with applicable law. Using the Website and/or Services demonstrates your consent to the processing of information as described in this Policy.
Protection of Your Data and Information. Data Controller takes all reasonable security, administrative and technical measures to protect the security of data or information communicated to Data Controller through Website and Services. However, transmission of data or information over the Internet or other public accessible networks in not one hundred percent secure. Data Controller shall not be liable for the security of any data or information you are transmitting over the Internet.
Applicable Law and Venue. The validity, interpretation, construction and performance of these Terms, and all acts and transactions pursuant hereto, and the rights and obligations of the parties hereto shall be governed, construed and interpreted in accordance with the laws of the Ukraine, without giving effect to principles of conflicts of law. Except for any disputes, claims, suits, actions, causes of action, demands or proceedings (collectively, “Disputes”) in which either Party seeks to bring an individual action in small claims tribunals or seeks injunctive or other equitable relief for the alleged unlawful use of intellectual property, including, without limitation, copyrights, trademarks, trade names, logos, trade secrets or patents, you and the Data Controller (i) waive your and the Data Controller’s respective rights to have any and all Disputes arising from or related to this Policy resolved in a court, and (ii) waive your and the Data Controller’s respective rights to a jury trial. Instead, you and the Data Controller will arbitrate Disputes through binding disputes resolution (which is the referral of a Dispute to one or more persons charged with reviewing the Dispute and making a final and binding determination to resolve it instead of having the Dispute decided by a judge or jury in court).
Disputes Resolution. Any Dispute arising out of or related to this Policy is personal to you and the Data Controller and will be resolved solely through individual disputes resolution and will not be brought as a class disputes resolution, class action or any other type of representative proceeding. There will be no class disputes resolution, or disputes resolution in which an individual attempts to resolve a Dispute as a representative of another individual or group of individuals. Further, a Dispute cannot be brought as a class or other type of representative action, whether within or outside of disputes resolution, or on behalf of any other individual or group of individuals. To the extent permitted by applicable laws, all Disputes arising in connection with the present agreement, or further agreements resulting therefrom, shall be settled and finally resolved by disputes resolution administered by the Commercial Court of the city of Kyiv in accordance with the Ukrainian legislation for the time being in force, which rules are deemed to be incorporated by reference in this clause.
No Class disputes resolution, Class Action or Representative Actions. Any dispute arising out of or related to this Policy is personal to you and the Data Controller and will be resolved solely through individual disputes resolution and will not be brought as a class disputes resolution, class action or any other type of representative proceeding. There will be no class disputes resolution or disputes resolution in which an individual attempts to resolve a dispute as a representative of another individual or group of individuals. Further, a dispute cannot be brought as a class or other type of representative action, whether within or outside of disputes resolution, or on behalf of any other individual or group of individuals. The dispute shall be decided on the basis of documentary evidence only.
Severability. In the event any provision of this Policy is found to be invalid, illegal, or unenforceable, the remaining provisions of this Policy shall nevertheless be binding you with the same effect as thought the void and unenforceable part had been severed and deleted.
Change of Policy. Data Controller may amend this Policy at any time and in its own discretion by posting an updated version on Website. The updated version becomes effective at the time of posting. It is your responsibility to check updates regularly.
Contact Us. If you have any questions about this Policy, or requests in accordance with its provisions, please contact us at email@example.com.
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