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Personal data protection and processing policy

1. GENERAL PROVISIONS

1.1. The policy of protection and processing of personal data is drawn up in accordance with the requirements of the Law “On Protection of Personal Data” and determines the order of personal data processing and measures to ensure the security of personal data in the online store FREEVER.

1.2. FREEVER online store sets as its most important goal and condition of its activity the observance of human and citizen's rights and freedoms in the processing of personal data, including the protection of the rights to privacy, personal and family secrecy.

1.3. The Policy defines the requirements of the Online Store to the processing and procedure for ensuring the protection of personal data of personal data subjects at all stages of their processing, including through organizational and technical measures.

1.4. The Policy applies to an indefinite number of persons - subjects of personal data, who enter or may enter into any relationship with the online store.

2. DEFINITION OF TERMS AND ABBREVIATIONS

2.1. The owner of personal data is the online store

The owner of personal data determines the purpose of personal data processing, establishes the composition of such data and the procedures for their processing, unless otherwise provided by law.

2.2. and consent. In the field of electronic commerce, the consent of a personal data subject is a voluntary expression of will of a natural person (subject to his/her awareness) to authorize the processing of his/her personal data in accordance with the formulated purpose of their processing, expressed in writing or in a form that allows to draw a conclusion about the provision of the personal data subject can be provided during the registration in the information and communication system of the subject of electronic commerce by marking the mark of the consent to the processing of personal data. In addition, the consent to the processing of personal data may be provided by:

  • Client's accession to the Public Offer Agreement on the sale of goods and provision of services of the Online Store by registering the Client on the Website or confirming the order on the Website (including, but not limited to, by clicking the “Checkout” or “Pay Order” button),
  • by the Counterparty entering into a corresponding transaction with the Online Store;
  • by the User's participation in the relevant survey conducted by the Online Store or its partners;
  • by signing the Employee's consent to the processing of personal data (job application, etc.);
  • by submitting documents/information containing personal data by the User in case of intention to conclude a relevant transaction/ labor agreement with the Online Store.

2.3. Personal Data (hereinafter - PD) - information or a set of information about a natural person who is identified or can be specifically identified.

2.4. Customer - a subject of personal data (a natural person or a representative of such a person) who is a consumer of goods/services provided by the Online Store and whose personal data are processed by the Online Store, as well as any visitor registered on the website of the FREEVER Online Store or who has provided the Consent of the subject of personal data.

2.5. Counterparty - a subject of personal data (natural person, natural person - entrepreneur, representative of a legal entity, natural persons without the status of a business entity), which acts in civil and economic relations with the Online Shop.

2.6. Users - Customers, Counterparties and Employees when mentioned together in the text of the Policy.

2.7. Processing of personal data - any action or set of actions such as collection, registration, accumulation, storage, storage, adaptation, modification, updating, use and dissemination (distribution, realization, transfer), depersonalization, destruction of personal data, including the use of information (automated) systems.

2.8. Employee - a natural person who directly by his own labor performs a labor function in accordance with the employment agreement (contract) concluded with the Online Shop or has the intention to enter into an employment relationship (provides his personal data for the purpose of employment, as a response to the information of the Online Shop about the availability of vacancies).

2.9. Personal data controller - a natural or legal person who is authorized by the owner of personal data or by law to process such data on behalf of the owner.

2.10. Website - FREEVER's website located on the Internet.

2.11. Personal data subject - a natural person whose personal data are processed.

2.12. Third party - any person, except for the Subject of personal data, the owner or manager of personal data and the Commissioner of the Verkhovna Rada of Ukraine for Human Rights (hereinafter - the Commissioner), to whom the online store or the manager of personal data transfers personal data.

3. BASIC PART

3.1. Processing of personal data in the Online Shop.

3.1.1. Internet-shop is the owner of personal data, and in cases provided by the current legislation of Ukraine, and / or on the basis of separate contracts - the manager of personal data.

3.1.2. Internet-shop is the owner of personal data, and in cases provided by the current legislation of Ukraine, and / or on the basis of separate contracts - the manager of personal data.

3.1.3. The online store performs processing of personal data - any action or set of actions that are performed with personal data, including collection, systematization, storage, change, use, depersonalization, blocking, distribution, provision, deletion of personal data.

3.1.4. The Online Shop will take all necessary measures to ensure that Users' personal data will be processed securely and in accordance with this Policy, and will not be transferred to a third party unless it provides adequate controls to protect personal data.

3.1.5. Primary sources of information about a natural person: documents issued in his/her name, documents signed by him/her, information that the person provides about himself/herself.

3.1.6. Processes of personal data processing are part of the business processes of the Online Store. Processes of personal data processing may be automated or non-automated.

3.1.7. The online store may entrust the processing of personal data to a personal data controller in accordance with a written contract. The personal data controller may process personal data only for the purpose and to the extent specified in the contract.

3.1.8. The online store does not process personal data concerning racial or ethnic origin, political, religious or ideological beliefs, membership of political parties and trade unions, criminal convictions, as well as data concerning sexuality, biometric or genetic data.

3.1.9. User data is collected and processed exclusively in Ukraine and in accordance with the current legislation of Ukraine.

3.1.10. The term of personal data processing is established by the Online Store depending on the category of Personal Data Subjects, the purpose of personal data processing and is determined by the current legislation of Ukraine.

3.1.11. The grounds for the processing of personal data are:

  • consent of the Personal Data Subject to the processing of his/her personal data.
  • authorization to process personal data granted to the personal data controller in accordance with the law solely for the exercise of his/her powers;
  • conclusion and execution of a transaction to which the personal data subject is a party or which is concluded in favor of the personal data subject or to perform actions preceding the conclusion of the transaction at the request of the personal data subject;
  • protection of vital interests of the Personal Data Subject;
  • the need to fulfill the obligation of the Personal Data Owner as provided by law;
  • the need to protect the legitimate interests of the personal data controller or a third party to whom the personal data are transferred, except in cases where the needs to protect the fundamental rights and freedoms of the personal data subject in connection with the processing of his/her data prevail over such interests.

3.1.12. The Internet-shop notifies the Subject of personal data about the transfer of personal data to a third party within ten working days, except for the following cases:

  • transfer of personal data upon request when performing tasks of operative-search or counter-intelligence activity, counter-terrorism;
  • fulfillment by state authorities and local self-government bodies of their powers provided for by law;
  • processing of personal data for historical, statistical or scientific purposes;
  • going to court to protect your rights;
  • the possibility of transferring personal data to third parties is stipulated by the terms of the transaction concluded by the Online Store and the Subject of personal data;
  • transfer of personal data in other cases specified in clause 3.4 of this Policy. 3.4. of this Policy.

3.1.13. Personal data that are processed are subject to destruction or depersonalization after achievement of the purposes of processing or in case of loss of necessity in achievement of these purposes, unless otherwise provided for by the current legislation of Ukraine.

3.2. Personal data of Users, which are received and processed by the online store.

3.2.1. In order to carry out its activities and to fulfill its obligations, the online store processes personal data of the Subject of personal data, provided by him during registration on the website (online resource) of the online store or provided in any other way.

3.2.2. ПерсUsers' personal data may include, but is not limited to, the following:

  • Surname, first name, patronymic (if any),
  • date of birth and/or age,
  • sex,
  • family status,
  • passport data and registration number of the taxpayer's record card,
  • e-mail address,
  • phone number,
  • residential (delivery) address,
  • date of birth,
  • information necessary for communication between Users and the online store,
  • data obtained as a result of various surveys conducted by the Online Store and/or third parties authorized by the Online Store in order to improve the effectiveness of communication between the Online Store and Users;
  • information obtained by the Online Store as a result of marketing activities;
  • information legally obtained by the online store from partners and/or third parties;
  • other information, the purpose of processing of which coincides with the purpose of processing personal data, and which will be provided by the User independently or received by the Online Store in the course of the Online Store's activities
  • 3.2.2.1. In addition to the one specified in clause 3.2.2. of the Policy, the online store processes the following Personal Data of the category “Customers”:
  • list and status of orders from the profile on the Site,
  • information (including photos) posted in the profile and in reviews/comments on the Website, customer support calls, complaints, claims, other appeals,
  • cookies and data on the use of the Site,
  • data to make the calculations,,
  • shipping office numbers,
  • processing data (login in the form of a phone number or e-mail address and password in encrypted form),
  • information posted or provided by the Client in the process of their participation in bonus programs, quizzes, promotions, special offers that take place on the Site, organized by the Online Store,
  • 3.2.2.2. In addition to the one specified in clause 3.2.2. of the Policy, the online store processes the following Personal Data of the category “Employees”:
  • data received by the Online Store from candidates for employment;
  • registration number of the taxpayer's record card or data on refusal to obtain such number;
  • data of the identity document, including copies of documents in paper and/or electronic form;
  • place of registration, place of permanent residence or temporary stay;
  • family composition and number of dependents, surnames, first name, patronymic of such persons, their gender, age, place of registration and residence, contact details;
  • profession, specialization, qualification class;
  • employment history and places of employment;
  • attitude toward military duty;
  • education (including academic titles, advanced training courses, etc.), language skills;
  • Having a license to drive vehicles and driving experience;
  • positions held;
  • images (photo, video) and audio recordings made by the employer during the performance of labor duties;
  • the address of the workplace location;
  • the amount of basic and additional salary, bonuses, bonuses, other income;
  • sample personal signature;
  • bank account details.
  • 3.2.2.3. In addition to the one specified in clause 3.2.2. of the Policy, the online store processes the following Personal Data of the category “Counterparties”:
  • data received by the Online Store from potential counterparties intending to enter into civil and business contracts with the Online Store;
  • registration number of the taxpayer's record card or data on refusal to obtain such number;
  • place of registration, place of permanent residence or temporary stay;
  • data of the identity document, including copies of documents in paper and/or electronic form;
  • personal signature sample;
  • data on registration of the subject as an individual entrepreneur;
  • contact persons for communication within the framework of fulfillment of the terms and conditions of the concluded transactions (surnames, first name, patronymic of such persons, telephone numbers, e-mail address);
  • banking details
  • 3.2.2.4. Data that are automatically transmitted to the online store during their use by the software installed on the device, including information from cookies, information about the User's device:
  • the Internet Protocol address of the User's computer (e.g. IP address);
  • browser type, browser version;
  • pages of the services, the time of the User's visit, the time spent on these pages;
  • unique device identifiers and other diagnostic data, mobile device type, mobile device IP address, mobile operating system, mobile Internet browser type;
  • cookies and other data from these files;
  • The information that the Online Store collects includes data such as the number of Users who have visited the Site, the pages that were visited, data on whether the User has visited the services of the Online Store before, and helps the Online Store to identify the services that the User is most interested in. This data also allows the Online Shop to improve and enhance the User's experience. Cookie data (cookies) and similar tracking technologies are used by the Online Shop to track activity and store information. Cookies are small amounts of data that may contain an anonymous unique identifier. Cookies are sent to the browser from the website and stored on the User's device. Tracking technologies that are also used are beacons, tags and scripts to collect and track information and to improve the services. The User can refuse all cookies (by changing browser settings). By refusing cookies, the User agrees that some parts (functions) of the services may not be available for use.

3.3 Purposes and Legal Basis for Collection and Processing of Personal Data

3.3.1 Depending on how Users interact with the Online Store, the scope, method, purpose and legal basis for the collection and processing of Personal Data by the Online Store may vary.

3.3.2 The online store collects and processes the following categories of Personal Data of Users:

  • Customers (individuals and representatives of such individuals);
  • Counterparties (subjects in civil and economic relations with the Online Store - representatives of a legal entity, physical persons-entrepreneurs, physical persons without the status of a business entity and their representatives);
  • Employees.

3.3.3 The online store carries out processing of personal data of the User, including collection, receipt, recording, systematization, accumulation, storage, clarification (update, change), extraction, use, transfer (provision, access), blocking, deletion, destruction both with the use of automation and without their use, as well as by mixed processing for the following purposes (with the specified purpose):

  • Client registration on the Site;
  • identification of the User when registering in the services or authentication of the registered User
  • ensuring the operation of the Site or its individual components;
  • processing of orders placed by the Customer on the Website and transferring the data to the relevant sellers, performers, partners, companies and services that carry out delivery, provide payment, etc. (including foreign subjects of relations related to personal data) for proper fulfillment of the order. (including foreign subjects of relations related to personal data) for the proper fulfillment of the order;;
  • providing the User with access to personalized resources;;
  • establishing feedback with the User, including sending messages, inquiries regarding the use of services, processing requests and applications from the User;
  • confirmation of reliability and completeness of personal data provided by the User;
  • providing the User with effective customer and technical support;
  • monitoring the use of services of the Online Store and its partners;
  • sending advertising messages to the User, providing the User with personalized offers, additional opportunities to use the service, services;
  • improvement of user experience, quality of service and operation of services, convenience of their use, development of new services and services;
  • conducting marketing activities, research and campaigns, analyzing consumer sentiment;
  • analyzing user data, conducting statistical and other studies of the User's interaction with the Online Store and third parties;
  • Ensuring that comments / impressions of purchases made are shared;
  • conducting surveys related to the activities of the online store and its partners;
  • realization of economic activities of the Internet store;
  • preparation of statistical, administrative and other reporting information on the activities of the Online Store in accordance with the requirements of the legislation and internal documentation of the Online Store;
  • Ensuring communications with Counterparties and their representatives;
  • Maintaining accounting, financial, tax and management records;
  • Conducting business correspondence, including providing responses to inquiries from government agencies;
  • realization of labor relations, employment and internships;
  • realization of administrative-legal relations;
  • realization of relations in the sphere of human resources management, including personnel potential;
  • ensuring the rights and legitimate interests of the Online Store and interested parties;
  • Compliance with the requirements of Uk legislation
  • realization of other relations requiring the processing of personal data and aimed at obtaining income and implementation of the provisions of the legislation of Ukraine, the Charter of the Online Store and its internal regulations and policies.

3.4 Terms of processing Users' personal data and their transfer to third parties

3.4.1 Processing of personal data of Users is carried out in accordance with the Law of Ukraine “On Protection of Personal Data”.

3.4.2 All personal data of the User is kept confidential and security is ensured.

3.4.3 The online store has the right to transfer personal data of the User and/or entrust their processing to third parties in the following cases:

  • fulfillment of legal obligations (including processing and execution of the Customer's Order);
  • preventing or investigating possible offenses;
  • in order to ensure the possibility to protect the rights and legitimate interests of the Online Store and its partners;
  • provision of information to law enforcement and other competent state authorities upon their request in accordance with the requirements of the current legislation of Ukraine;
  • protecting the personal safety of Users or third parties;

3.4.4 The online store may transfer personal data of Users to the following third parties (including, but not limited to):

  • stewards (enterprises, institutions and organizations of all forms of ownership, public authorities or local self-government bodies, natural persons-entrepreneurs, who are or will be granted the right to process personal data by the online store or by the current legislation);;
  • third parties that are engaged by the Online Store and/or participate in the provision of funds transfer services by the Online Store, banks, non-banking financial institutions;
  • third parties engaged by the Online Store to fulfill orders placed on the Website (carriers, contractors, business entities that issue orders or business entities that own the goods or services ordered on the Website and/or organize delivery and payment for such orders, etc.);
  • archival institutions and other persons providing information and document storage services (related services) to the Online Store;
  • participants, affiliates of the Online Store, persons who have significant participation in the Online Store and/or control the Online Store;
  • other individuals and organizations to ensure the performance of their functions or provision of services to the Online Store in accordance with the transactions concluded between such persons (organizations) and the Online Store, which may process and use personal data for the purpose specified in paragraph 3.3.3. of this Policy.

3.5 Measures applied for protection of the User's personal data

3.5.1 Processing and protection of personal data in the Online Store is based on a risk-based approach to prevent, detect and eliminate threats of unauthorized access to personal data and/or their unlawful processing.

3.5.2 When processing personal data, the online store takes the necessary legal, organizational and technical measures to protect personal information from unlawful or accidental access, destruction, distortion, blocking, copying, provision, distribution of personal information, as well as from other unlawful actions in relation to the User's personal information related to the processing of personal data by the online store and the requirements of legislation on personal data.

3.5.3 Processing of personal data of users is carried out on equipment placed in rooms with limited access by certain employees of the Online Shop and only in accordance with their professional or labor duties. Such persons are prohibited from disclosing this data even after termination of the employment relationship with the Online Shop.

4. NOTIFICATION ON THE RIGHTS OF THE PERSONAL DATA SUBJECT

4.1 The online store notifies the subjects of personal data about their rights as subjects of personal data, defined by Art. 8 of the Law of Ukraine “On Protection of Personal Data”, including that the subject of personal data has the right:

  • to know about the sources of collection, the location of his/her personal data, the purpose of their processing, the location or place of residence (stay) of the owner or controller of personal data, or to give a corresponding instruction to authorized persons to obtain this information, except in cases established by law;
  • to receive information on the conditions of granting access to personal data, including information on third parties to whom their personal data is transferred;
  • to access their personal data;
  • to receive, no later than thirty calendar days from the receipt of the request, except in cases provided for by law, an answer as to whether their personal data are being processed, as well as the content of such personal data;;
  • make a justified request for the amendment or erasure of his/her personal data to any data controller or controller of personal data, if the data is processed unlawfully or is inaccurate;
  • protection of his/her personal data from unlawful processing and accidental loss, destruction, damage due to deliberate concealment, improper provision or untimely provision of such data, as well as protection from provision of information that is inaccurate or defames honor, dignity and business reputation of a natural person;
  • to file complaints about the processing of their personal data in accordance with the procedure established by applicable law;
  • use legal remedies in case of violation of the legislation on personal data protection;
  • make reservations regarding the restriction of the right to process their personal data when giving consent;
  • withdraw consent to the processing of personal data;
  • know the mechanism of automatic processing of their personal data;
  • to defend against an automated decision that has legal consequences for them.

4.2 The personal data subject has the right to obtain any information about himself/herself from any subject of the relationship related to personal data, without specifying the purpose of the request, except in cases provided for by law.

4.3 Access of the subject of personal data to the data about him/herself is free of charge. The subject of personal data submits a request for access to his/her personal data to the Online Shop.

4.4 The request shall be satisfied within thirty calendar days from the moment of its receipt, unless otherwise provided by law. The requested information is provided to the personal data subject in writing by sending a letter.

4.5 Mention of this Policy in any documents (contracts) shall constitute proper notification of the personal data subject of his/her rights.

5. CONCLUDING PROVISIONS

5.1 The online store takes measures to ensure the protection of personal data at all stages of their processing.

5.2 The online store independently determines the list and composition of measures aimed at the security of personal data processing, taking into account the requirements of legislation in the field of personal data protection and information security.

5.3 Personal data protection includes measures aimed at preventing accidental loss or destruction, unlawful processing, including unlawful destruction or access to personal data.

5.4 The Website may contain links to other websites that have other owners and administrators and are not associated with the Online Store. If the User follows such a link, he/she will be directed to a third party site. The online store strongly recommends Users to read the privacy policy of each site before clicking. The Online Store does not control and is not responsible for the content, privacy policies of any third party sites or services.

5.5 The User can get any clarifications on issues related to the processing of his/her personal data by contacting the online store by e-mail office@freever.ua

5.6 The User assumes responsibility for possible negative consequences of their actions aimed at providing the online store with incomplete and/or unreliable and/or outdated personal data and/or personal data of third parties.

5.7 Any requirements of the User related to the establishment of additional restrictions on the processing of Personal Data and/or prohibition of their processing and/or destruction of personal data, may lead to the impossibility of fulfillment by the online store of its obligations to the User in the provision of services in accordance with the terms of the public contract. In this case, the online store is not responsible for non-fulfillment or improper fulfillment of assumed obligations.

5.8 This document will reflect any changes in the policy of personal data processing by the Online Store. The Policy is valid indefinitely until it is replaced by a new version.

5.9 The Policy is published on the official website of FREEVER Online Shop on the Internet in order to familiarize the Subjects of personal data, whose data are processed by the Online Shop in the course of its statutory activities.

5.10 In all cases not regulated by this Policy, the current legislation of Ukraine shall govern.