This Privacy Policy (the "Policy") applies to your use of our website: https://avada-media.com and determines what data is collected when you visit our Website and when you accept offers posted on our Website, and determines how your personal data is processed and used.
1. DEFINITION OF TERMS
2. SUBJECT OF PERSONAL DATA PROCESSING. CONSENT TO THE PROCESSING OF PERSONAL DATA. SCOPE OF APPLICATION
3. OBJECTIVES AND PURPOSE OF PERSONAL DATA PROCESSING
3.1. The personal data of the Users, as provided to the Administration, will be used for the purposes specified in this Policy. In particular, the Administration may process personal data for the following purposes:
3.2. Fulfilment of other purposes to which the User has given consent.
4. PERSONAL DATA PROCESSED
4.1. Orders, agreements: Within the framework of the Website, the Administration may process information, including personal and contact information, necessary for the transaction between the User and the seller/performer of the Services, in particular information about: geographic location, first name, patronymic and surname, date of birth and gender, credit card and other financial account information, and transaction data, including the Services offered, viewed or purchased on the Website, telephone number and related information, including photographs, education, profession and length of service, time for the provision of services, performance of work and receipt of goods, and language proficiency, IP address, audio/video recording if the User contacts the seller/provider of the Services, which is the Administration, by means of a video/audio call, User content (e.g. messages, reviews, etc.), skills, tests passed, test results, other information provided by the User on the Website.
4.2. Customer service for Users: When Users contact the Administration, the latter, if necessary, may collect personal information in the course of the Website's operation necessary to fulfil the User's request and receive feedback, in particular, audio/video recording, if the User contacts the Administration by means of an audio/video call, information about the Services used by the User or which, in the opinion of the Administration, may be of interest to the User. The Administration may also contact the User by using the existing contact information provided for this purpose. The Administration may also collect other information about communication with the Users, for example, any requests to the support service submitted by the Users or any feedback provided by them, in particular, in the form of reviews left by the Users. The correspondence data may include the content of the communication and metadata related to the communication. The Website will generate metadata related to communications made through the Website's contact forms.
4.3. Website and mobile data, User's actions on the Website, information from Cookies: The Administration may automatically receive and register, otherwise process on its servers unique device and application identifiers, browsing history or other data on the use of the Website, information from the User's browser or any device, including the User's IP address, geolocation, software and hardware attributes, pages requested by the User, the URL or advertisement that referred the person to the Website, the search terms that the User entered into the search engine and that led them to the Website, the parts of the Website that the User visited, the hyperlinks that the User clicked on, which pages or content the User has viewed and for how long, data contained in browser databases, including SQL databases, mobile identifiers (including mobile device identifiers such as Google Advertisement ID, IFA or IFV), information about the use of applications, and/or information about other devices used, or system-level information, other similar information and statistics regarding the User's interaction with the Website, such as the response time of the content, loading errors and the duration of visits to specific pages of the Website, etc. within the scope of the purpose of processing personal data under this Policy. This may occur on the Website or on the services of third parties. Additional information on the collection and processing of Cookies, as well as how Users can control and/or block such collection of information, is available in the Cookies Policy.
4.4. Information received as a result of surveys: The Administration may process information received as a result of surveys that may be conducted by the Administration or third-party contractors engaged by the Administration, namely information on: gender, age, marital status, personal preferences, etc.
4.5. Information to be added: The Administration may also add information legally obtained from business partners or third parties, including to existing data about Users.
4.6. Information required for the provision of services/goods to Users by third parties: Within the framework of the Website, the Administration may process information, including personal and contact information, necessary for the execution of a transaction between the User and the seller/performer of services/goods, other third parties, services/goods which the User receives and/or intends to receive, in particular information about: name, surname, telephone number, e-mail address, date of birth (day and month), gender, methods of identification of the User, IP address.
4.7. Non-identifying information: The Administration may process other information that does not directly identify the User, such as postal codes, demographic data and other data, depending on the purpose and goals of processing personal data.
4.8. The Administration also collects/processes any other personal data that the User wishes to share with the Administration.
4.9. The user who, within the meaning of the Law of Ukraine "On Personal Data Protection", acts as the owner of personal data or the recipient or manager of personal data of personal data subjects, undertakes to comply with the requirements of the said Law on the processing of personal data (in particular, using information (automated) systems).
4.10. By accepting this Policy, the User guarantees that he/she has received and has all legal grounds (necessary permits and consents) to collect, register, accumulate, store, adapt, modify, update, use and distribute (publish, transmit), depersonalise, destroy, otherwise process personal data and other information that constitutes the content of personal data regarding third parties using the Services/Website, and guarantees the full and unconditional consent of such persons to all provisions of this Privacy Policy.
4.11. In case of changes in the personal data provided by the User, the User undertakes to provide the Administration with updated, reliable information (personal data) and, at the request of the Administration, the originals of the relevant documents to update the provided personal data as soon as possible.
4.12. Information that the Administration does not collect or process: The Administration does not collect and process personal data on racial or ethnic origin, political, religious or worldview (philosophical) beliefs, membership in political parties and trade unions and similar information, genetic data, biometric data for the purposes of unified identification of an individual, data on the state of health or data on the sexual life of an individual or his/her sexual orientation, personal data of children (if information on the relevant age of the individual is available).
4.12.1. The provision of clause 4.12. does not apply if the subject of personal data has given explicit consent to the processing of such personal data for one or more specified purposes, and/or in other cases determined by law.
4.13. If the Administration becomes aware that a child under the age of 18 (for personal data subjects located in Ukraine) has provided personal data to the Administration, the Administration shall take all necessary efforts to delete such information. If you are a legal representative of a child or a person who has parental rights in relation to a child and believe that the Administration processes your child's personal data, please contact us at the addresses/requisites specified in this Policy.
4.14. The Administration, taking into account the available technical and administrative capabilities, makes reasonable efforts to verify in the cases provided for in clause 4.13 of the Policy that the User's consent has been given or authorised by the child's legal representative or by a person who has parental rights in relation to the child (the bearer of parental responsibility in relation to the child).Â
5. COOKIES AND MOBILE IDENTIFIERS
5.1. During the operation of the Website, the Administration may collect certain information using technologies such as cookies, pixels and local storage, other similar technologies.
5.2. The User can learn more about the processing of cookies by reading the Policy on the use of cookies.
5.3. The Cookie Policy is an annex to this Policy and is an integral part of it.
6. STORAGE OF PERSONAL DATA
6.1. The Administration will retain personal data of Users for as long as necessary to achieve the purposes for which they were collected, including to fulfil any legal, accounting or reporting requirements, and for ongoing fraud prevention, backup and business continuity purposes. Personal data should not be stored longer than necessary for these purposes. The Administration stores the User's personal data for the time (period) necessary to provide access to the Website and related services of the Website, Services, the provision of services/goods to the User by third parties, as well as for the duration of the Administration's legitimate interest in storing this data.
6.2. Personal data is stored in a form that allows for the identification of data subjects no longer than is necessary for the purposes of processing. In any case, the Administration deletes personal data, except for those that must be stored to fulfil its legal obligations (for example, mandatory retention periods).Â
6.3. The User's personal data may be stored for longer periods than specified in clauses 6.1.-6.2. of the Policy, as long as they are processed solely for the purposes of public interest, scientific or historical research or statistical purposes, together with the conditions for taking appropriate technical and organisational measures to guarantee the rights and freedoms of the data subject ("storage restriction").
6.4. To ensure that personal data is not stored for longer than necessary, the Administration periodically reviews the personal data stored.Â
6.5. Notwithstanding the other provisions of this section of the Policy, the Administration may store personal data of Users when such storage is necessary to comply with a legal obligation of the Administration, or to protect the vital interests of Users or the vital interests of another individual.
6.6. To determine the appropriate storage period, the Administration takes into account the volume, nature and sensitivity of personal data, the potential risk of damage from unauthorised use or disclosure of Users' personal data, the purposes for which the Administration processes the Users' personal data, as well as whether the Administration can achieve these purposes by other means and the relevant legal requirements.
6.7. If the User does not want to receive any more contacts from the Administration, the Administration will save the basic information about the User in order to fulfil the User's request and avoid sending unwanted materials to the User in the future.
6.8. In case of any questions regarding the period (term) of data storage, the User can contact the Administration using the contact details posted in this Policy.
7. INFORMATION EXCHANGE AND DISCLOSURE
7.1. The Administration does not share, sell, or lease personal data of Users to third parties for marketing purposes. However, as a rule, the Administration may disclose personal data to selected third parties to achieve the purposes set out in this Privacy Policy.
7.2. The Administration may transfer the Data collected in accordance with this Policy to the Partners between the respective Websites and applications owned or operated by the Administration or used by it, however, the Data collected in accordance with the Terms of Use of the Application Website and this Policy is always protected in accordance with the provisions of this Policy and the laws of Ukraine. At the same time, the Partners/third parties are solely responsible for compliance with the legal requirements for Data processing.
7.3. The Administration may share the information it collects:
7.4. The Administration may use third-party service providers to provide some components of its services, in such cases, the suppliers do not have the authority to use the personal data received through the Website, except for the provision of services to the Administration, and the personal data itself is the subject of this Privacy Policy.
7.5. The Administration reserves the right, in accordance with the requirements of the law, to exchange information with individuals and public authorities for the following purposes:
7.6. The Administration may provide personal data of the Users at the request of the competent authorities, executed in accordance with the requirements of the current legislation and if there are grounds provided for by the current legislation.
7.7. In the event that the Administration's business or part of this business is sold or reorganised, and the Administration transfers all or substantially all of its assets to the new owner, the personal data of Users may be transferred to the buyer to ensure the continuity of the Website/Services/services/goods of third parties.
7.8. The Administration may transfer certain anonymised information (data that does not allow to identify Users individually) to third-party service providers, trusted partners or authorised researchers in order to better understand which advertising or services may be of interest to Users, to improve the overall quality and efficiency of the Website services, or to contribute to scientific research that, in the opinion of the Administration, may be of great social benefit.
7.9. The Administration may transfer the information it collects to third parties that provide services to the Administration for the purpose of conducting research or providing Services to Users, in this case, the data transmitted is subject to this Privacy Policy, and the involved third parties have no right to use the information received other than to provide services to the Administration.
7.10. The Administration may transfer personal data of Users to third parties who provide services/goods to Users or whose services/goods the User intends to receive, and the data transferred is subject to this Privacy Policy, and the third parties involved shall not be entitled to use the information received other than to provide services/goods to the Users and to fulfil the agreements concluded between the User and such third party.
7.10.1. Terms and conditions of disclosure/transfer of personal data of Users to third parties specified in clause 7.10. of this Policy:
7.11. Personal data may be transferred abroad (outside the place of personal data processing) in the following cases:
7.12. Personal data shall be transferred to foreign parties related to personal data only if the relevant state ensures proper protection of personal data in cases established by the applicable law.
7.13. The Administration reserves the right to disclose the User's personal data to third parties, including in order to protect the rights, property or safety of the Administration, its staff/employees, Users and other persons.
7.14. In cases of transfer of personal data provided for in this section of the Policy, informing the User about the transfer of his personal data remains at the discretion of the Administration, except as provided for in this Policy or applicable law.
7.15. The User should be aware and understand that when personal data is voluntarily disclosed by the User on public areas of the Website, this information, together with any information disclosed in the User's message, may be collected and used by third parties and may lead to unwanted messages from third parties. Such activities are beyond the control of the Administration, and this Policy does not apply to such information. Any materials in chats or other public areas on the Website are accepted with the understanding that they are available to all third parties. If the User does not want his/her messages/comments/reviews to be viewed by unauthorised persons, the User is advised not to make any statements.
7.16. The Administration may collect additional information about the Users from third-party information sources in order to fulfil the purposes set out in this Policy.
8. USER CONTROL. USER RIGHTS
8.1. Users can access personal data and other information specified by law, restrict the processing of personal data, correct, supplement, delete the Data they have provided. The User is responsible for the accuracy of the data provided or messages on the Website. The Administration may terminate the processing of the User's personal data in case of receipt of a written notice from the User about the withdrawal of consent to the processing of personal data.
8.1.1. In order to exercise the rights provided for in clause 8.1. of this Policy, the User must send a relevant request to the Administration at the addresses/contacts provided for in this Policy.
8.1.2. In a request for correction, updating, deletion of information, the User must necessarily indicate what kind of information he/she requests to correct, update or delete.
8.1.3. The Administration will resolve the relevant request of the User within the time limits specified by law.Â
8.2. Cookies: Most major computer (desktop) and mobile web browsers (e.g. Safari, Firefox, Internet Explorer, Chrome, Opera) provide controls that allow the User to restrict or block the installation of Cookies on Users' systems. Please note that disabling cookies for domains of the first category (visited sites) and other domains (sites related to visited sites) may in some cases lead to limited functionality of these websites.
8.3. Other (non-exhaustive) rights of Users in connection with the processing of their personal data by the Administration:
8.4. The legislation of Ukraine that applies to a controller, owner or operator may restrict, by means of a legislative instrument, the scope of obligations and rights provided for by the legislation, if such restriction preserves the essence of fundamental rights and freedoms and is a necessary and proportionate measure in a democratic society to ensure compliance with the requirements of the law.
9. SECURITY AND PROTECTION OF PERSONAL DATA
9.1. All information collected by the Administration is protected within reasonable limits by technical, administrative and physical security measures and procedures to prevent unauthorised or unlawful access or use of personal data, as well as against unintentional loss, destruction or damage to personal data, in accordance with the risks.
9.2. Processing of personal data is carried out in a manner that ensures proper security of personal data.
9.3. Affiliates of the Administration, reliable partners and independent service/goods providers, third parties specified in this Policy are obliged to use the information received from the Administration in accordance with the security requirements and this Privacy Policy.Â
10. AMENDMENTS TO THIS POLICY
10.1. This Privacy Policy was last updated on 02.02.2024.
10.2. The Administration may update this Privacy Policy from time to time. The new version of the Privacy Policy comes into force from the moment it is posted on the Website at the address specified in this section, unless otherwise provided by the new version of the Privacy Policy.
10.3. The current version of the Privacy Policy is always available on the Website page at: https://avada-media.com/privacy-policy/.
10.4. If the Privacy Policy is updated, the User can read it at the following link https://avada-media.com/privacy-policy/.
10.5. In case the Administration has made any changes to the Privacy Policy with which the User does not agree, he/she is obliged to stop using the Website and Services.
11. RESPONSIBILITY
11.1. For failure to comply with their obligations under the Privacy Policy, the User shall be liable in accordance with applicable law.Â
11.2. The User is obliged to reimburse the Administration for all losses and damages that could be directly or indirectly caused by the breach of the User's obligations.
11.3. The User is solely responsible for the dissemination of data for access to the Service/Website (identifiers, passwords, etc.), for the dissemination of personal data of third parties (including the Administration), for the material of the content, including for the compliance of the content with the norms of the current legislation.
12. FINAL PROVISIONS
12.1. This Policy is mandatory for use by Operators, Partners, Administration, third parties specified in the Policy and other persons directly involved in the Processing of Personal Data and/or have access to the Data in connection with the performance of their official duties and/or contractual obligations to maintain the confidentiality of the Data received from the Administration.
12.2. All suggestions or questions regarding this Privacy Policy should be sent in the form of feedback in accordance with Section 13 of this Privacy Policy.
12.3. The User agrees to use the legislation of Ukraine as the applicable law/acting legislation on the processing and protection of personal data.
12.4. With regard to any issue that directly or indirectly relates to the Privacy Policy, the User agrees that the dispute shall be settled in the competent Ukrainian courts, in the manner and in accordance with the procedure established by the current legislation of Ukraine.
12.5. The invalidity of a separate part of the Privacy Policy does not entail the invalidity of other parts of the Privacy Policy as a whole. In the event that certain provisions of the Privacy Policy are amended, cancelled by the parties or invalidated, the remaining provisions shall remain valid and binding on the Parties to the personal data processing agreement.
12.6. In the event that this Privacy Policy does not regulate certain provisions, rights and obligations, they are regulated and established by the current legislation of Ukraine.
13. HOW TO CONTACT THE ADMINISTRATION
13.1. The User can contact the Administration in the following ways: