Privacy Policy

Of Website – Online store «NOOSPHERE STORE» (http://www.noosphere.store/)

Online store “NOOSPHERE STORE” (http://www.noosphere.store/) (hereinafter  the “Website”), administered by Private Entrepreneur Zyma Olga Petrivna (hereinafter “We, the Administration”) and its partner companies always strive to adhere to the best principles of business partnership and cooperation, justification of trust in the Website and partner companies, in particular, compliance with a responsible attitude to your personal data.

This Privacy Policy is created by the Administration in order to inform the persons who are Users (buyers) of the Website and its mobile versions/applications about the policy and procedures for processing their personal data by the Administration. The Website is managed and administered by Private Entrepreneur Zyma O.P., and this Privacy Policy is an integral part of the Website Terms of Use.

The Privacy Policy is developed in accordance with the provisions of the Laws of Ukraine (in particular, but not exclusively, the Law of Ukraine “On Personal Data Protection”), taking into account the principles and requirements of European Union legislation in the field of personal data protection (hereinafter “current legislation”, “law”).

By visiting and using the Website in the future, the User acknowledges and certifies that he is acquainted with and agrees with this Privacy Policy (hereinafter the “Policy”) and informed about the purpose, legal grounds and other conditions of personal data processing in accordance with applicable law.

By giving his consent to those processing of personal data where the legal grounds is consent, the User confirms that he has sufficient legal capacity under the laws of the User’s country to provide such consent. If the User does not have sufficient legal capacity, the consent must be given by his legal representatives (parents or guardians) who have full civil capacity and are authorized by the laws of the User’s country to give such consent.

Otherwise, we will apply the provisions of this Policy, the Laws of Ukraine, in particular, the Law of Ukraine “On Personal Data Protection”.

Our registration and contact details are provided in the “Our Contacts” section, where you can contact us with any questions regarding the clarification of the provisions of this Policy and the processing of your personal data.

 

Definitions of the terms We use

The owner of personal data (Controller) – a natural, legal person, body or organization that determines the purpose of personal data processing, establishes the composition of this data and the procedures for their processing, unless otherwise specified by law.

The Administration is the Owner of personal data in accordance with the definition provided in Article 2 of the Law of Ukraine “On Personal Data Protection”.

Personal data controller (Processor) – a natural or legal person who processes personal data on behalf of the Owner.

Processing – means any operation or set of operations performed on personal data or on a set of personal data of a data subject, by automatic or non-automatic means. Such operations include, without limitation, collecting, recording, organizing, structuring, storing, adapting or modifying, viewing, searching, using, disclosing (by transferring, providing access, distributing or otherwise making them available), aligning or combining, restricting, deletion or destruction of personal data.

Data subject – is an individual whose personal data is processed and who can be directly or indirectly identified.

User – is a personal data subject who uses the Website.

Personal data (hereinafter also “data”) – information that allows you to directly or indirectly identify an individual User of the Website, as well as information about the User, such as information about the use of the Site, if such use is directly related to information that allows directly or indirectly establish the identity of the User.

The User’s personal data that We process

  • User Information (hereinafter “Information Data”).

For example, the name, surname and patronymic of the User, e-mail address and mobile (contact) phone, the address specified by the User and the method of delivery of the goods, data for access to the personal account of the User (buyer) on the Website.

  • Information about the product selected by the User on the Website (hereinafter “Data on the selected product”).

For example, the name, quantity, type, technical characteristics and other information about the product selected by the User.

  • Information on payment for the goods by the User (hereinafter “Payment Data”).

We collect data on the fact of payment (transfer of funds) for the goods by the User, as well as information aimed at combating fraud and money laundering.

We obtain such data from financial institutions (banks, payment services/instruments) or by analyzing our own current account with a financial institution.

  • Information about correspondence (communication) with the User (hereinafter “Communication Data”).

This category of data includes letters, comments, suggestions, complaints, including their content (which may include photos, videos, audio, etc.) sent to us by the User via chats, e-mails, social networks, telephone and/or any other information about correspondence between us and the User online, in the form of e-mail and/or regular mail and/or personal correspondence between us and the User.

If the User communicates with us by telephone, we store the data of the telephone conversation with the User, which includes the telephone number from which the User called us, as well as the recording of the conversation.

  • Information on the User’s participation in competitions/events and/or actions of the Administration (hereinafter “Participation Data”).

We collect personal data specified by the User in applications for participation and/or registration forms, as well as the history of the User’s participation in competitions/events and/or promotions of the Administration in which the User participated or won.

  • Device information and technical data (hereinafter “Data collected automatically”).

Such data includes the IP address of the User, data on the operating system of the computer/mobile device and the type of the User’s browser, the type of mobile device of the User, the unique identifier of the device or the identifier of the mobile equipment of the User, cookies, etc., which are processed automatically (including when downloading).

This data is collected both by the Website itself and by third-party Analytics tools (including, but not limited to, Google Analytics, Cloudflare, etc.).

  • Information about the User’s visit to the Website (hereinafter “Website Usage Data”).

We collect information about the route of the User’s movement to the Website, his viewing, transition from the Website to other Websites (including date and time), about the pages of the Website that the User viewed, the time of loading the page/pages of the Website, errors with loading pages, the duration of the User’s visit to certain pages, as well as information about the interaction between the pages of the Website, which are processed automatically (including when downloaded).

  • Review information (hereinafter “Review data”).

We collect User feedback and/or responses to our proposed marketing, advertising or informational surveys and/or researches.

  • Information about the discussion (hereinafter “Discussion data”).

We may offer the User access to publicly available chats, forums and/or discussions on our Website, where Users may post their own comments and/or discussions on the Administration’s activities, including purchased goods, organization and holding of competitions/events and/or shares of the Administration, or on other issues. These comments and discussions may contain information that falls under the definition of “personal data” in accordance with applicable law.

  • Information received from third parties (hereinafter “Data from third parties”).

In some cases, we collect additional personal data of the User from other sources, including from partner companies of the Administration, companies in the field of maintenance of information search providers, anti-fraud databases and/or other third-party databases, including from the sanction (prohibition) lists in those cases when it is determined by law. This data includes, without limitation, a) information used to verify the accuracy of information about the User; b) information on the legal capacity of the User.

 

User’s Use of publicly available chats,

forums and/or discussions on the Website

By using publicly available chats, forums and discussions on our Website, the User realizes that everything that is publicly available and Users publish on the Internet is available to the whole world.

If the User participates in such a publicly available chat, forum and/or discussion, where user’s personal data may be posted on our Website, in addition to reading this Policy, we recommend that the User check the rules of publicly available chat, forum and/or discussions before entering data by the User, as the User is obliged to follow such rules.

Grounds for processing the User’s personal data

Subject to the provisions of applicable law, We must identify the User, identify and acquaint the User with the legal grounds (basis) for our processing of personal data of the User.

In this case, for the purposes of the Policy, the legal grounds (basis) that are admissible for the processing of personal data of the User are:

  • Consent – in case the User agrees to the processing of personal data provided by us (for example, the User will be offered a form of consent to the processing of his personal data, as well as the possibility and method of revoking such consent specified in this Policy).
  • Explicit consent – in case of the User’s explicit consent to the processing of personal data provided by us (for example, the performance of explicit and directed actions).
  • Legitimate interests – in case we process the User’s personal data to ensure our legitimate interest (for example, carrying out our own activities, defined by the statutory documents of the Administration, organization and implementation of projects/activities, etc.).
  • Execution of the agreement (contract) – if necessary, we process the User’s personal data for concluding an agreement (contract) with him and/or its execution.
  • Legal obligations – if necessary, the processing of personal data of the User to fulfill our legal obligations under the law.
  • Public interest – the processing of personal data is necessary in connection with a significant public interest, in accordance with the provisions of applicable law.

The purpose of processing the User’s personal data

Depending on how the User interacts with our Website, we process the User’s personal data in order to:

  • Carry out the sale of goods to the User and organize the delivery of such goods to the address specified by the User with the help of delivery services. Without your Information data, Product data, the Administration cannot sell and organize the delivery of the goods selected by the User.

Legal grounds: execution of the agreement (contract). By taking action to purchase the selected product, you thereby accept the provisions of the Public Offer Agreement, which is a form of agreement between you and the Administration.

  • Carry out preparation, organization and holding of competitions/events and/or actions of the Administration, for which the already registered User is registered through the Website or in which the User participates. We use your Information Data, Participation Data and Communication Data (in some cases some categories of data may not be used, and the use of such data depends on the specific competition) so that you can participate in competitions/events and/or promotions of the Administration.

Legal grounds: execution of the agreement (contract). Without the above data, we would not be able to organize your participation in competitions/events and/or actions of the Administration. By participating in such competitions/events and/or promotions, you hereby accept the rules of participation, which are a form of agreement between you and the Administration.

  • Check if you have paid for the goods. Without your Payment Data, the Administration would not be able to verify whether you have paid for the selected product, and, as a result, without this data, the sale of goods is impossible.

Legal grounds: execution of the agreement (contract).

  • Register the User in the personal account of the User/Buyer on the Website for more convenient use of the Website and purchase of goods.

Legal grounds: consent.

  • Conduct information/advertising campaigns of the Website/Administration. We anonymize (anonymization – the removal of any identifiers and other data by which you can be directly or indirectly identified) your personal data and use this data to conduct our information and advertising campaigns or to improve them.

Legal grounds: legitimate interests. Conducting information/advertising campaigns is in the legitimate interest of the Administration.

  • Carry out monitoring, review and analysis of competitions/events and/or actions of the Administration, the effectiveness of the Website. We use your Participation Data, Communication Data, Information Data, Survey Data, Discussion Data to monitor, review and analyze how the Administration conducts its own competitions/events or promotions.

Legal grounds: legitimate interests. Monitoring, review and analysis of competitions/events and/or actions of the Administration is in its legitimate interest.

  • Carry out effective communication and its accounting (including correspondence) with the User. We use your Communication Data to contact you as part of your use of the Website, purchase of goods, participation in competitions/events and/or promotions of the Administration and in other cases when the situation may require it.

Legal grounds: If the communication with the User is outside the relations of purchase of goods, participation in competitions/events and/or promotions of the Administration, or another individual, who contacts the Administration – legitimate interests are used (communication of the Administration with Users or other persons is a legitimate interest of the Administration). If the communication takes place in the context of the purchase of goods or participation of the User in competitions/events and/or actions of the Administration, the legal grounds is the implementation of the agreement (contract).

  • Provide (send) to Users who have registered through the Website and/or given their consent, marketing and/or information/advertising materials.

Legal grounds: consent.

  • Comply with the requirements of current legislation when receiving payment for goods (including the protection of public interests, combating fraud, money laundering, investigation of crimes, fulfillment of requests from public authorities, etc.).

Legal grounds: legal obligations.

  • Perform management, maintenance (including technical operation, technical support, Website improvement) and site configuration. Without the Data collected automatically, Website Usage Data, the Administration would not be able to provide the Website to the User. If the User blocks (by technical means) the provision of such data to the Website, the Website may not work at all or may not work correctly.

Legal grounds: legitimate interests. This ground is in the legitimate interest of the Administration.

  • Process requests from personal data subjects. If we receive your request as a personal data subject, your personal data will be used to process this request.

Legal grounds: legal obligations.

  • Protect the Website. We use Data collected automatically, Website Usage Data to protect the Site from digital threats, DDoS attacks, cyberattacks.

Legal grounds: legitimate interests. Protection of the Website is in the legitimate interest of the Administration.

  • Analyze the effectiveness of the Website and improve it. We use Communication Data, Survey Data, Discussion Data, Data Collected Automatically, Website Usage Data to investigate how the Website is used by its audience, and to use this data to improve the Website.

Legal grounds: legitimate interests. Analysis of the effectiveness of the Website and its improvement are in the legitimate interests of the Administration.

  • Protect the Administration from fraud, dishonest activity, violation of its interests or violation of the rules established by the Administration. This purpose also includes verification of the information provided by the User using Data from third parties.

Legal grounds: legitimate interests. This goal is in the legitimate interest of the Administration.

  • Form, implement or defend legal claims. We store your Participation Data, Information Data, Payment Data, Communication Data, Data from third parties during the statute of limitations for the purposes of forming, implementing or protecting legal claims.

Legal grounds: legitimate interests. The formation, implementation or protection of legal claims are in the legitimate interests of the Administration.

Dissemination of personal data of the User. User data recipients.

Partner companies of the Administration. In the context of the Administration’s activities, the User’s personal data may be disclosed to partner companies of the Administration, including foreign partner companies (hereinafter “partner companies”). All such disclosures are protected by appropriate legal instruments that oblige these recipients to process your personal data in accordance with this Policy and ensure that your personal data is not disclosed to third parties unless required by law.

IT service providers. We may engage other companies (including foreign ones) that provide IT and administrative services, including hosting services, use of cloud services and databases, which will process the User’s personal data on our behalf (Managers/Processors), in order to ensure technical functioning and proper operation of the Website, implementation of technical support and maintenance of the Website. Such companies may access the User’s personal data only if it is necessary for the above purposes and in accordance with the provisions on the confidentiality of information in agreements with these companies and may not use them for any other purposes.

Delivery services (postal services). We may engage delivery services (including foreign ones) that provide services of organization of shipment (packaging, processing, etc.) and delivery of goods to the address specified by the User only for the possibility of delivering the purchased goods. Such companies may access the User’s personal data only if this is necessary for the above purposes.

Financial institutions (banks, payment services/instruments). We may involve financial institutions (including foreign ones) that provide financial, banking services, payment services/instruments for the possibility of making transfers of funds (transactions) when the User pays for goods. If you make a transfer to the website/form of such a financial institution (bank, payment service/instrument) when making a money transfer, we advise you to read their policy on personal data processing. If you provide your personal data directly on our Website, such companies may access the User’s personal data only if it is necessary for the above purposes and in accordance with the provisions on confidentiality in agreements with these companies and they are not entitled to use it for any other purpose.

Analytics Providers. The Administration uses Google Analytics (Google LLC., 1600 Amphitheater Parkway, Mountain View, CA 94043, USA) and Cloudflare (Cloudflare, Inc. 101 Townsend St, San Francisco, CA 94107 USA) tools. Please note that the data collected by Google and Cloudflare is transmitted to the United States. Google LLC. and Cloudflare, Inc. are certified under the EU-U.S. Privacy Shield Framework – this network protects the fundamental rights of everyone in the European Union whose personal data is transferred to the United States for commercial purposes. This allows free data transfer to companies that are certified in the United States under the Privacy Shield. For more information about Privacy Shield, please visit the US Department of Commerce’s Privacy Shield website: https://www.privacyshield.gov/welcome/. To learn how Google and Cloudflare process your data, visit their Privacy Policy at https://policies.google.com/privacy and https://www.cloudflare.com/privacypolicy/. The Google Analytics opt-out browser application allows visitors and users to prevent the collection and use of their Google Analytics data. To install the Google Analytics Opt-out Browser Add-on, follow this link: https://tools.google.com/dlpage/gaoptout?hl=en_US.

Authorities (Ukraine, the European Union or other countries). We reserve the right to process (including disclose and/or report) any personal data of the User, if required by any law of Ukraine or other regulations or confirmed by a legal requirement of a public authority and/or local government, in order to comply with the Laws of Ukraine, to protect the integrity of the Website, to fulfill the requests of Users, public authorities and/or local governments, or to facilitate any investigation by law enforcement agencies or investigations to ensure public (national) security. In some cases, we may also provide personal data of the User to the authorities of the European Union (both state and supranational) and the authorities of other states, if such provision of personal data is required by law or in the case of a formal request from such authority in the framework of investigation of a crime or criminal proceedings.

Other Users or others who have access to public chats, forums, and discussions on the Website. By using publicly available chats, forums and discussions on our Website, the User understands that his personal data published by him in these chats, forums and discussions will be available to other users of the World Wide Web.

Sending marketing, information/advertising materials to the User

From time to time, with the prior consent of the User, we may send the User marketing, information/advertising notices and materials on new (updated list) products, as well as competitions/events and/or promotions of the Administration.

If the User does not check the agreement to receive such materials, We will not send such messages and/or materials to the User.

From time to time, with the prior consent of the User, we may send marketing, information/promotional materials on behalf of our partner companies regarding products and/or competitions/events that are planned for sale/holding and that may be of interest to the User.

If the User agrees to receive marketing, information/advertising materials of our partner companies, we will not disclose (communicate) personal data of the User to partner companies, but will only send such User marketing, information/advertising materials on behalf of our partner companies.

In this case, the User agrees/disagrees with the possibility of receiving marketing, information/advertising materials and has the right to withdraw it in the future or provide an objection to their receipt by contacting us via contacts specified in this Policy in the section “Our Contacts” or by interface of information/advertising materials (“unsubscribe” key, etc.).

Rights of the User of the Site regarding personal data

Users of the Website who are citizens or residents of Ukraine or are not in the European Union (EU) or in the European Economic Area (EEA) are entitled in accordance with Article 8 of the Law of Ukraine “On Personal Data Protection” (hereinafter  “the Law”). In order to get acquainted with them, the User can go to the link to the current version of the Law (https://zakon.rada.gov.ua/laws/show/2297-17).

In order to exercise their rights in accordance with the Law (which may be exercised by the Administration), the User may send a request to the Administration at the contacts specified in this Policy in the “Our Contacts” section.

Users of the Website who are in the EU or the EEA have the following rights, which they can exercise by sending a request to the Administration for the contacts specified in this Policy in the section “Our contacts”:

The right to withdraw consent. If you have consented to the processing of your personal data, you have the right to revoke this consent at any time. The administration draws your attention to the fact that the withdrawal of consent does not affect the legality of processing based on consent to its withdrawal.

The right of access. You have the right to receive from us confirmation of the processing of your personal data by the Administration. Simply put, you have the right to send us a request asking if we process your personal data. If the Administration actually processes your personal data, you may receive a copy of all your personal data processed by the Administration (unless this provision is restricted by law).

The right to correction. You have the right to receive from us, without any unreasonable delay, correction of inaccurate or no longer relevant information about you. If your personal data is incomplete, you have the right to fill in this data by submitting an additional application.

The right to erase (“the right to be forgotten”). You have the right to delete your personal data in the event of at least one of the following circumstances:

  • There is no longer a need for personal data for the purposes for which it was collected or otherwise processed;
  • You have revoked your consent to the processing of your personal data;
  • You object to the processing in accordance with your right to object to the processing and there are no overriding legal grounds for the processing;
  • You have objected to the processing of your personal data for direct marketing purposes;
  • The processing of personal data is illegal;
  • Personal data must be erased in order to comply with the statutory obligation that applies to the Administration.

Note that the right to erase does not apply in the following circumstances:

  • Your personal data is necessary for the exercise of the right to freedom of expression and freedom of information;
  • Your personal data must be stored by us in compliance with the statutory obligation that applies to the Administration;
  • We store your personal data for the formation, implementation or protection of legal claims;
  • In other cases provided by current legislation.

The right to object to the processing. You must object, on grounds relating to your particular situation, at any time, against the processing of personal data carried out on the legal basis of the legitimate interests of the Administration or a third party. If this right is exercised, the Administration should no longer process your personal data unless the Administration proves that there are substantial legal grounds for processing that outweigh your interests and rights or to form, exercise or defend legal claims;.

The right to limit processing. You have the right to restrict processing. This means that your personal data will be temporarily transferred to another file system (in fact, it will be “frozen” for the period of application of the right to restrictions). The right to limit processing may be exercised in the following circumstances:

  • The accuracy of personal data has been challenged by you during the period of time that gives the Administration the opportunity to verify the accuracy of your personal data;
  • Processing is illegal and you oppose erasure (in accordance with your right to erase) and instead request a restriction on processing;
  • We no longer need your personal data for processing purposes, but you require it to form, exercise or defend legal claims;
  • You object to processing in accordance with your right to object pending verification as to whether the legitimate grounds of the Administration outweigh your legitimate interests and rights.

The right to data mobility. You have the right to receive your personal data that you have previously provided to us in a structured, commonly readable format that is easily readable by the machine, and you have the right to transfer such data to another controller (company, organization, etc.). This right applies to your personal data which:

  • collected in accordance with the following legal grounds: consent/explicit consent and/or performance of the agreement;
  • collected by automation.

The right to file a complaint to the supervisory authority.

If the User believes that his personal data has been processed in violation of applicable law, he or she may file a complaint to the supervisory authority.

It can be: a) the Ukrainian Parliament Commissioner for Human Rights; b) for persons staying in the EU/EEA – the supervisory authority in the EU/EEA Member State at the place of residence of the User, the place of his or her work.

The User may also apply to the court with complaints or legal claims.

However, please contact us first of all for our contact details to be able to promptly resolve any issues of the User.

Protection of personal data of the User

We undertake to take all necessary technical, organizational and administrative measures and take such measures to ensure the reliable processing of personal data of the User in accordance with this Policy and applicable law.

As soon as we receive the User’s personal data, we undertake to apply strict procedures and means of protection to prevent unauthorized access to such personal data of third parties, in particular to ensure the secure transfer of personal data. We use appropriate encryption protocols.

Protection of personal data of minors

Consent to the processing of personal data of the User of the Website is carried out by the User who has reached the age of sixteen.

Otherwise, such consent to the processing of personal data must be provided by the legal representatives of the User (parents, guardians, etc.).

We take all technological and organizational capabilities available to us, as well as reasonable steps to ensure that consent is given by a User who has reached the age of sixteen.

In case of request (including demand/claim) to us by the legal representatives of the User regarding the lack of consent and/or detection that the personal data of the Users are provided by a person who should have obtained the consent of the legal representatives, all personal data provided by such person will be deleted immediately by us.

Terms of storage of personal data

The User’s personal data that we process will not be stored longer than permitted by applicable law, and will be stored only as long as necessary to enable the User to purchase, exchange and/or return goods, participate in contests/events and/or promotions. Administration, provide any requested services or information posted (available) on the Website or for other purposes set out in this Policy.

Place of personal data storage

Personal data that we collect from the User may be transferred and stored outside of Ukraine. The transfer and storage of personal data of the User is carried out in compliance with the provisions of this Policy, current legislation, as well as compliance with the requirements of protection of such personal data (including contractual) and the requirements of regional (local) legislation.

Cookies and their use

By using our Website, you agree that the Website uses cookies in accordance with the specified Policy. At the first visit of the User to the Website, the User will see a pop-up information window about the use of cookies and provide appropriate consent for their use.

Cookies are text files that the Website sends to the User’s computer or other user’s device connected to the Internet solely in order to recognize the User’s computer/device, as well as to allow the User to easily view various pages of the Website, save settings and generally improve interaction with the User.

Session cookies are deleted automatically when you close the User’s browser, and persistent cookies remain on the User’s device even after the browser is closed (for example, to remember the User’s settings after returning to the Website).

We may use the following cookies:

  • strictly necessary (important for navigating the Website and the use of their functions);
  • operational (analytical cookies for analysis of the use of the Website by our visitors and to control the speed of the Website);
  • functional (used to provide the User with certain functions);
  • targeted (collect information about the peculiarities of the User’s viewing of the Website pages related to the User’s device and are used to make advertising more relevant for the User and his interests);
  • flash (used to improve the interaction of the Website with the User, for example, to save the preferences and settings of the User).

If the User does not agree to our use of cookies on our Website, we recommend to disable them by following the instructions of the User’s browser provided at the link http://allaboutcookies.org or immediately stop using the Website if it is impossible to disable them for any reason.

Please note that some modes of use of the Website and the services provided on our Website may work with a certain deviation when disabling cookies or may not work at all.

Links to other Websites/social networks (media platforms)

We may install and post on our Website links to Websites/Social Networks (media platforms) that are not part of our Administration and/or our partner companies.

If the User intends to use the mentioned Websites/social networks with such links, such User must review their terms of confidentiality and their principles of operation, in particular regarding the collection and processing of personal data of Users.

We are not responsible for the policies and practices of other companies, and any information provided by the User to such companies is subject to their privacy policy or other document governing the processing of personal data.

Making changes to the Policy

This Policy is effective from “__” _________ 20__.

We may make changes to this Policy from time to time. However, in the event of changes to this Policy, we will publish a new version on our Website, which is why we advise Users to periodically review the Policy page to be able to view the latest version of our Policy.

However, in the event of changes to this Policy, the Administration will post a notice on our Site and specify the date of entry into force of these changes. If the User continues to use the Website after changes to the Policy, it will mean that the User read, understood and agrees with the new version of the Policy.

Our contacts

Legal address: Individual entrepreneur Zyma Olga Petrivna, 49050, Dnipro, Gagarin Avenue 103-A;

Tel .: 098 956 36 92

Email: [email protected]

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