The website https://gavahandmade.com.ua/ (hereinafter referred to as the “Website”) is managed by the sole trader Myroslava Vasylivna Fetsych, who is registered and operates in accordance with the requirements of Ukrainian law.
The Privacy and Personal Data Protection Policy (hereinafter referred to as the “Privacy Policy”) applies to all information on the Website, located at the internet address: https://gavahandmade.com.ua/, which is collected about the User whilst using the Website for the provision of services and/or the sale of goods.
Please note that this Privacy Policy has been drawn up taking into account the latest changes in the legislation governing the protection of personal data, namely the requirements of the General Data Protection Regulation (EU Regulation No. 2016/679 of 27 April 2016 or GDPR).
1. DEFINITIONS
1.1. This section defines the interpretation of the terms, definitions and expressions set out below, which are used in this Privacy Policy.
1.1.1. ‘Website’ – the website located at the domain name and managed by the Website Administration.
1.1.2. ‘Site Administration’ (hereinafter ‘Site Administration’) – authorised persons responsible for managing the Site, acting on behalf of the Operator, who organise and carry out the processing of personal data, as well as determine the purposes of personal data processing, the scope of personal data subject to processing, and the actions or operations performed on personal data.
1.1.3. “User” – any natural person who has access to the Website and uses the Website via the internet.
1.1.4. “Personal data” – any information relating directly or indirectly to a specific natural person (data subject).
1.1.5. “Processing of personal data” – any action (operation) or set of actions (operations) carried out with or without the use of automated means on personal data, including the collection, recording, organisation, storage, clarification (updating, modification), extraction, use, transfer (dissemination, provision, access), blocking, deletion, and destruction of personal data.
1.1.6. ‘Confidentiality of personal data’ – a requirement, binding on the administration or any other person who has gained access to personal data, not to disclose such data without the consent of the data subject or the existence of another lawful basis.
1.1.7. ‘Cookies’ – a small piece of data sent by a web server and stored on the user’s computer, which the web client or web browser sends back to the web server in an HTTPS request each time the user attempts to open a page on the relevant website.
1.1.8. ‘IP address’ – a unique network address of a node in a computer network, constructed using the IP protocol.
1.1.9. ‘Messengers’/‘Apps’ – an instant messaging system that allows the exchange of text, graphic, audio and audiovisual messages, as well as files in other formats.
1.2. All definitions and terms not defined in this clause shall be interpreted in accordance with the meaning defined by the applicable legislation of Ukraine, and in the absence of such a definition, in their ordinary sense.
2. GENERAL PROVISIONS
2.1. The User’s use of this Website constitutes the User’s automatic and full acceptance of this Privacy Policy and the terms and conditions for the processing of the User’s personal data.
2.2. If the User does not agree with the terms of the Privacy Policy, the User is obliged to cease using the Website and leave it immediately.
2.3. This Privacy Policy applies to the Website or to any other closed website, chat with the Contractor, or service on which materials or programmes are hosted, including in relation to the provision of services and/or the sale of goods.
2.4. The Website does not control and is not responsible for third-party websites to which the User may navigate via links available on the Website or through other products.
2.5. The Site Administration does not verify the accuracy of personal data provided by the Site User.
2.6. The Website Administration acts as the data controller for the personal data of authorised users when providing services or selling goods. The data controller is the person who determines the purpose and the means of collecting personal data.
3. AGE RESTRICTIONS
3.1. By paying for services, registering or making a booking or placing an order on the Website, the User confirms that they have reached the appropriate age to enter into contracts independently.
3.2. Where the Site Administration requests the User to consent to the processing of personal data, they may do so independently. By registering, making a booking or placing an order on the Site, the User confirms that they have reached the age at which they are permitted to independently consent to the processing of personal data.
3.3. If the User has any doubts as to whether they are capable of giving consent to the processing of personal data independently, they should contact the competent authority for personal data protection.
3.4. The Website Administration may ask the User to provide additional documents or undergo additional procedures to verify that they are entitled to give consent to the processing of personal data independently. If the Website Administration has reasonable doubts regarding the User’s age, it may also contact their parents or guardians to obtain consent or approval for the processing of the User’s personal data, if they have not reached the relevant age. While the circumstances are being clarified or consent or approval is being obtained from parents or guardians, the Site Administration may restrict the processing of the User’s data by temporarily blocking the account.
4. SUBJECT MATTER OF THE PRIVACY POLICY
4.1. This Privacy Policy sets out the Website Administration’s obligations regarding non-disclosure and ensuring the protection of the confidentiality of personal data which the User must provide to the Website Administration upon request when registering, ordering goods or services, or making a booking on the Website.
4.2. Personal data authorised for processing under this Privacy Policy is provided by the User by completing specific forms on the Website or in any format and may include the following information:
4.2.1. the User’s full name;
4.2.2. the User’s contact telephone number;
4.2.3. the User’s email address;
4.2.4. Instagram, Telegram, WhatsApp and other accounts;
4.2.5. links to the User’s social media accounts;
4.2.6. other confidential data regarding the User’s identity or contact details.
4.3. In addition to the data specified in clause 4.2. of this Privacy Policy, the Site Administration reserves the right to automatically collect the following data whilst the User is browsing the Site or its individual pages:
4.3.1. the IP address of the User’s electronic device (computer, telephone, tablet, etc.);
4.3.2. information about cookie data stored in the User’s browser;
4.3.3. information about the User’s electronic devices (computers, phones, tablets, etc.);
4.3.4. information about the User’s browser, including the name, browser version, etc.;
4.3.5. the time of access to the Website;
4.3.6. the addresses of the pages on the Website viewed by the User;
4.3.7. the addresses of the previous pages from which the Website was accessed.
4.4. If the User disables the cookie collection function, this may result in the inability to access parts of the Website.
4.5. The Website collects the personal data specified in clauses 4.2–4.3 of this Privacy Policy, including for the purpose of identifying and resolving technical issues on the Website, monitoring traffic on the Website, and conducting statistical analyses of the effectiveness of advertising campaigns.
4.6. Any other personal or confidential information not specified above shall be securely stored and not disclosed, except in the cases provided for in clauses 7.2 and 7.3 of this Privacy Policy.
5. PURPOSES OF COLLECTING THE USER’S PERSONAL INFORMATION
5.1. The Website Administration may use the User’s personal data for the following purposes:
5.1.1. Identifying the User registered on the Website for the purpose of placing an order and/or entering into a public offer agreement remotely.
5.1.2. To provide the User with access to personalised resources on the Website, a chat with the Contractor, or other services.
5.1.3. Establishing communication with the User, including sending messages and requests regarding the use of the Website, chat with the Contractor, other service provision, sale of goods, and processing of requests and applications from the User.
5.1.4. Determining the User’s location to ensure security and prevent fraud.
5.1.5. Verifying the accuracy and completeness of the Personal Data provided by the User.
5.1.6. Creating an account to place an order, if the User has consented to the creation of an account.
5.1.7. Notifying the Website User of the status of service provision or sale of goods, order processing, and bookings.
5.1.8. Providing the User with effective customer and technical support in the event of problems arising in connection with the use of the Website, the chat with the Contractor, or the service.
5.1.9. Providing the User with products, special offers, pricing information, news and other information on behalf of the Contractor.
5.1.10. Carrying out advertising activities with the User’s consent.
5.1.11. Providing the User with access to partner websites for the purpose of obtaining products, updates, services or goods.
5.2. The User’s personal data may be used for other purposes not provided for in the Privacy Policy, which fall within the scope of the Contractor’s activities.
6. DATA RETENTION
6.1. The Site Administration retains the User’s Personal Data only for as long as it is required by the User or the Site Administration for the purposes set out in this Privacy Policy. The same applies to any other third party performing certain actions on behalf of the Site Administration. If the Website Administration no longer requires certain data about the User and there is no legal obligation to retain it, it will delete such data or store it in a manner that makes it impossible to identify the User.
7. METHODS, PROCEDURES AND TIME FRAMES FOR THE PROCESSING OF PERSONAL INFORMATION
7.1. The processing of the User’s personal data is carried out without any time limit, by any lawful means, including in personal data information systems using automated means or without the use of such means.
7.2. By using the Website, the User automatically agrees that the Website Administration has the right to transfer personal data to third parties, solely for the purpose of fulfilling the User’s order placed on the Website.
7.3. The User agrees that the Site Administration has the right to transfer personal data to third parties, in particular to courier services, postal organisations, telecommunications operators, and others, solely for the purpose of fulfilling the User’s order placed on the Site, including payment for the use of products or the purchase of goods.
7.4. The User’s personal data may be transferred to authorised state and judicial authorities only where there are lawful grounds and a corresponding request.
7.5. In the event of the loss or disclosure of personal data, the Website Administration shall inform the User of such loss or disclosure by any means available to it.
7.6. The Website Administration shall take the necessary organisational and technical measures to protect personal information from unauthorised or accidental access, destruction, alteration, blocking, copying, dissemination, as well as from other unlawful actions by third parties.
7.7. The Website Administration, in conjunction with the User, shall take all necessary measures to prevent damage or other adverse consequences caused by the loss or disclosure of the User’s personal data.
8. OBLIGATIONS OF THE WEBSITE ADMINISTRATION REGARDING THE PROTECTION OF PERSONAL DATA
8.1. The Website Administration undertakes and guarantees the following:
8.1.1. To use any information received solely for the purposes specified in clause 5 of this Privacy Policy.
8.1.2. To ensure the confidentiality and security of the User’s Personal Information.
8.1.3. Not to disclose, without the User’s prior written consent, nor to sell, exchange, publish or otherwise disclose the User’s personal data, except as provided for in clauses 7.2 and 7.3 of this Privacy Policy.
8.1.4. To take precautions to protect the confidentiality of the User’s personal data in accordance with the procedures customarily used to protect such information in current business practice.
8.1.5. To block personal data relating to the relevant User from the moment of a request or enquiry from the User, their legal representative, or an authorised body for the protection of the rights of data subjects, for the duration of the verification period, in the event of the discovery of inaccurate personal data or unlawful actions.
9. LIABILITY OF THE PARTIES
9.1. The Website Administration, if it has failed to fulfil its obligations, shall be liable for losses incurred by the User in connection with the unlawful use of personal data in accordance with applicable legislation, except in the cases provided for in clauses 7.2, 7.3 and 9.2 of this Privacy Policy.
9.2. In the event of the loss or disclosure of the User’s or Customer’s Personal Information, the Website Administration shall not be liable if such information:
9.2.1. Was or had become public at the time of the loss or disclosure;
9.2.2. Was obtained from a third party prior to its receipt by the Website Administration;
9.2.3. Was disclosed with the User’s consent.
9.3. In all matters not covered by clause 9.2, the Website Administration shall be liable in accordance with applicable law.
10. DISPUTE RESOLUTION PROCEDURE
10.1. The User and the Website Administration shall resolve all disputes and disagreements arising from the relations covered by this Privacy Policy through negotiation.
10.2. If no agreement is reached, the dispute shall be referred to the courts at the defendant’s place of residence in accordance with applicable procedural law.
11. ADDITIONAL TERMS
11.1. The Site Administration reserves the right to amend this Privacy Policy without the User’s consent or prior notice.
11.2. The new Privacy Policy shall come into force from the moment it is posted on the Website, unless otherwise provided for in the new version of the Privacy Policy.
11.3. This Privacy Policy is available on the Website at the following internet address.
11.4. This Privacy Policy complies with the requirements of Ukrainian legislation on the protection of personal data and contains detailed information regarding the data collected, the purposes, methods of collection, processing, use and protection.
11.5. Note for users from the European Union: this Privacy Policy has been drawn up to fulfil the obligations set out in the General Data Protection Regulation (EU Regulation No. 2016/679 of 27 April 2016, or GDPR).
11.6. All suggestions or queries regarding this Privacy Policy should be submitted via the contact details provided on the Website.
11.7. The text of this Privacy Policy is provided in Ukrainian.
