Privacy policy

PREAMBLE

 Since in the course of carrying out its business activities, OPOS-TORG:

(a)  is the owner of Personal Data within the meaning of the Law of Ukraine "On Personal Data Protection" (hereinafter - the Law);

(b)  is the controller of Personal Data within the meaning of the EU General Data Protection Regulation 2016/679 (hereinafter referred to as the GDPR);

(c)  is guided by the principle of transparency, which provides for the processing of personal data on the basis and in accordance with the procedure provided for by the current legislation of Ukraine and, in certain cases, the GDPR;

(d)  strives to ensure an appropriate level of protection of the Personal Data processed

 

This Regulation on the processing of personal data of OPOS-TORG LLC (hereinafter referred to as the Regulation) has been developed and approved.

GENERAL PROVISIONS

The Regulation defines the general requirements for processing and protection of Personal Data of Personal Data Subjects processed by the Company in whole or in part using automated means.

The Regulation applies exclusively to the Company's processing of Personal Data of Personal Data Subjects.

The Regulation was developed on the basis of the Constitution of Ukraine, the Law of Ukraine "On Personal Data Protection" and the GDPR

The Regulation is an integral part of transactions between the Company and Personal Data Subjects.

 

DEFINITION OF TERMS 

The following terms shall have the following meanings:

1.     Affiliate means a legal entity that exercises control over the Company or is controlled by the Company or is under common control with the Company. Control shall mean the ability to exercise decisive influence on the business activities of the Company or an Affiliate, in particular, ownership of a share of at least 25 percent of the authorized capital of the Company or an Affiliate

  2.     The website is opos.ua and/or opos.com.ua.

 3.     Personal Data Subject means an individual who has given his/her consent to the processing of Personal Data and/or is a party to a transaction concluded with the Company. If actions on the Website are performed by an individual acting on behalf of and in the interests of a legal entity and/or if a legal entity is a party to a transaction concluded with the Company, the individual manager or individual representative of such legal entity shall be considered the Personal Data Subject.

 4.     Personal data processing means any action or set of actions, such as collection, registration, accumulation, storage, adaptation, modification, updating, use and dissemination (distribution, transfer), depersonalization, destruction of Personal data, including with the use of information (automated) systems.

 5.     Personal data means information or a set of information about an individual who is identified or can be specifically identified.

 6.     Company - OPOS-TORG LIMITED LIABILITY COMPANY, identification code: 31011337.

 Terms used in the plural have the same meaning as in the singular. PURPOSE(S) OF PERSONAL DATA PROCESS

  The Company processes Personal Data for the purpose of conducting business activities, performing concluded transactions, as well as providing the Personal Data Subject with the opportunity to order goods from the Company and Affiliates.

  Personal data may be processed for legitimate purposes other than the original purpose (derivative purpose) only if the original purpose and the derivative purpose are closely related and only if the use of data for derivative purposes is not prohibited by the current legislation of Ukraine.

 PRINCIPLES OF PERSONAL DATA PROCESSING

 Personal Data is processed in compliance with the following principles:

1.     Lawfulness, fairness and transparency - Personal data is processed in a lawful, fair and transparent manner.

 2.     Purposeful limitation - Personal data is processed for a specific, clear and legitimate purpose(s).

 3.     Minimization - only those Personal Data are processed that are necessary to achieve the stated purpose(s).

 4.     Accuracy - take all appropriate steps to destroy or correct inaccurate Personal Data.

 5.     Storage restrictions - Personal data is stored in a form and for a period of time that allows identification of Personal Data Subjects no longer than is necessary for the purposes of their processing; Personal data may be stored for longer periods to fulfill obligations established by applicable law.

 6.     Integrity and confidentiality - Personal data is processed in a manner that ensures its proper security.

COMPOSITION OF PERSONAL DATA

The Company, in particular, processes the following Personal Data:

 1.     last name, first name, patronymic;

 2.     phone number;

 3.     email address.

 The amount of Personal Data processed by the Company may vary depending on the agreements between the Company and the Personal Data Subject regarding the conclusion of a transaction, as well as whether such Personal Data Subject is a manager or representative of a legal entity on behalf of and in the interests of which the Personal Data Subject acts.

The Company processes Personal Data only to the extent necessary to achieve the stated purpose(s) and fulfill the obligations provided for by applicable law.

The Personal Data Subject is solely responsible for the accuracy of Personal Data. The Company may automatically process information, in particular, about:

1.     the frequency of the Personal Data Subject's connections to the Website or the frequency of viewing its web pages;

 2.     software and hardware used by the Personal Data Subject to connect to the Website;

 3.     the geographical location of the Personal Data Subject when it connects to the Website;

 4.     requests made by the Personal Data Subject using the Website;

 5.     IP addresses of the Personal Data Subject's devices, date and time of actions performed by the Personal Data Subject using the Website,

 Other information will follow.

 The Company uses cookies, which are text files that store information about visited Websites in the memory of a computer or mobile device. Detailed information about cookies can be found at https://www.allaboutcookies.org/.

Other information is processed and used by the Company to conduct business activities, analyze the use of personal data by the Subjects of the Website, to improve the quality of the Company's services and to fulfill the requirements provided for by the current legislation of Ukraine.

GROUNDS FOR PROCESSING PERSONAL DATA

 The Company processes Personal Data and other information if at least one of the conditions provided for in Article 11 of the Law or Part 1 of Article 6 of the GDPR, in particular, is met:

1.     the Personal Data Subject's consent to the processing of Personal Data. Consent to the processing of Personal Data is granted, in particular, (i) by placing a tick on the Website by the Personal Data Subject, which indicates that he/she has read the Regulations, (ii) by clicking the "Order goods" or "Become a partner" or "Waiting for a call" buttons on the Website, (iii) by performing other concluding actions on the Website;

 2.     entering into a transaction with the Company or its Affiliates.

PROCEDURE FOR PROCESSING PERSONAL DATA

 Ways the Company collects Personal Data:

1.     using automated means of processing Personal Data;

2.     using non-automated means of processing Personal Data;

3.     obtaining Personal Data when the Subjects use the Website;

4.     obtaining Personal Data when entering into and performing transactions.

 The Company may accumulate Personal Data using automated means (server equipment, cloud storage, etc.) and/or non-automated means (file cabinets, archives, etc.).

 TERMS AND CONDITIONS OF PERSONAL DATA STORAGE

As a general rule, unless otherwise provided by the applicable laws of Ukraine, the Company may process Personal Data and other information for the period necessary to fulfill the purpose(s) of their processing and for 3 (three) years from the date of fulfillment of at least one of the following conditions:

1.     withdrawal of consent to the processing of Personal Data by the Personal Data Subject;

 2.     termination of the transaction.

 During the period of processing of Personal Data and other information, the Company has the right to depersonalize them in such a way that they lose their personal connection with the Personal Data Subject. The Company has the right to use such depersonalized information in its business activities without any restrictions.

To store personal data, the Company may use its own or leased server equipment and/or cloud storage services.

Personal Data shall be changed by the Personal Data Subject independently by updating data/information/documents, etc. or by making appropriate changes to transactions in the manner prescribed by such transactions.

The Company has the right to verify the accuracy of Personal Data, in particular by requesting additional information from the Personal Data Subject.

The destruction or deletion of Personal Data is carried out by the decision of the Company, in the case of:

1.     expiration of their storage period;

 2.     termination of legal relations between the Company and the Personal Data Subject;

 3.     other cases provided for by the current legislation of Ukraine.

TRANSFER OF PERSONAL DATA

 Ensuring that the Personal Data Subject is able to order goods, enter into transactions, etc. may require the Company to transfer Personal Data to Affiliates so that the Affiliates can further contact the Personal Data Subject.

  Personal data and other information may be transferred by the Company to state authorities and Affiliates.

In cases where the Personal Data Subject is a non-resident of Ukraine, the Company also has the right to transfer his or her Personal Data at the lawful request of the state authorities of the country of his or her residence

Advertising cookies (advertising identifiers), IP address and other data related to the device, browser and activity on the Website or in the application of Personal Data Subjects may be transferred to companies that provide the Company with services on a contractual basis to optimize the Website and improve interaction with Personal Data Subjects.

Access to Personal Data shall be provided to the Personal Data Subject on the basis of his/her written request, except as provided for in the Regulations.

To obtain access to Personal Data, a person shall submit a written request for access to Personal Data to the Company.

RIGHTS OF PERSONAL DATA SUBJECTS

In the manner prescribed by the current legislation of Ukraine, the Personal Data Subject has the right to:

1.     to know about the sources of collection, location of their Personal Data, the purpose of their processing, location or place of residence (stay) of the owner or manager of Personal Data;

 2.     receive information about the conditions for granting access to Personal Data, including information about third parties to whom his/her Personal Data is transferred;

 3.     to access their Personal Data;

 4.     to receive a response on whether his/her Personal Data is processed no later than thirty calendar days from the date of receipt of the request, except as provided by the Law, and to receive the content of such Personal Data;

5.     to submit a reasoned request to the Personal Data controller with an objection to the processing of their personal data;

 6.     make a reasoned request to change or destroy their Personal Data by any owner and controller of Personal Data if such data is processed illegally or is unreliable;

 7.     to protect their Personal Data from unlawful processing and accidental loss, destruction, damage due to intentional concealment, failure to provide or untimely provision, as well as to protect against the provision of information that is inaccurate or discrediting the honor, dignity and business reputation of the Personal Data Subject;

 8.     file complaints about the processing of their Personal Data to the Commissioner or to the court;

 9.     apply legal remedies in case of violation of personal data protection legislation;

 10.  to make reservations regarding the restriction of the right to process their personal data when providing consent. The introduction of reservations may make it impossible to conclude and execute transactions;

 11.  withdraw consent to the processing of Personal Data. Withdrawal of consent to the processing of Personal Data or exercise of the right to destroy Personal Data may result in restriction or impossibility of the Company's performance of transactions. In this case, the Company will destroy the Personal Data that it processes, except for the Personal Data that must be stored by the Company in accordance with the requirements of the current legislation of Ukraine;

 12.  know the mechanism of automatic processing of Personal Data.

In addition to the rights provided for in the Regulations, Personal Data Subjects subject to the GDPR have the right, in accordance with the procedure provided for by the GDPR, to:

 

1.     access to Personal Data by submitting a relevant request to the Company. The detailed procedure for access to personal data is provided for in Articles 13-15 of the GDPR and the Regulations;

2.     to correct by updating the data/information/documents, etc. provided by him/her when using the Website, or by making appropriate changes to the transactions concluded with the Company in the manner prescribed by such transactions;

3.     the right to withdraw consent to the processing of Personal Data and the right to be forgotten. Withdrawal of consent to the processing of Personal Data or exercise of the right to be forgotten may result in restriction or impossibility of the Company's performance of the concluded transactions. In this case, the Company will destroy the Personal Data that it processes, except for the Personal Data that must be stored by the Company in accordance with the requirements of the current legislation of Ukraine.

 4.     Other rights provided for by the GDPR.

 The Company and its Affiliates enter into legal relations exclusively with Personal Data Subjects who have full civil capacity. The Company does not process Personal Data of minors or underage persons. If the Company identifies Personal Data of minors/minors, such Personal Data will be immediately deleted/destroyed.

PERSONAL DATA OF CHILDREN

The Company does not collect or process Personal Data of children.

 If the Company receives Personal Data of children, such data shall be deleted as soon as possible.

 CONTACT PERSONS

    The owner/controller of personal data is OPOS-TORG LLC, identification code: 31011337. Location: 44, Ivan Franko St., Lutsk, Volyn region, 43000. Phone: +380933537230.

 The Company has appointed a Personal Data Officer to ensure effective communication on Personal Data issues between the Company and Personal Data Subjects.

 Personal data subjects may contact: Vladyslava Ihorivna Honcharuk, contact phone number +38 050 888 0224. Postal address: 44, Ivan Franko str., Lutsk, Volyn region, 43000. E-mail address: lawyer@opos.com.ua.

If the Personal Data Subject believes that his or her rights have been violated, he or she may apply for protection of his or her rights to the Personal Data Protection Department of the Secretariat of the Ukrainian Parliament Commissioner for Human Rights or to the court.

All requests/complaints/proposals/applications shall be submitted to the Company in electronic form using a qualified electronic signature.

In case the Personal Data Subject does not have a qualified electronic signature, he/she may send the Company an appeal/complaint/proposal/application in paper form, executed in accordance with the requirements of the current legislation of Ukraine.

FINAL PROVISIONS