Regulations on the processing and protection of personal data in personal data bases owned by the seller

Content

  1. General concepts and scope of application

  2. List of personal data bases

  3. Purpose of personal data processing

  4. Procedure for processing personal data: obtaining consent, notification of rights and actions with personal data of the subject of personal data

  5. The location of the personal database

  6. Terms of disclosure of information about personal data to third parties

  7. Protection of personal data: methods of protection, the responsible person, employees who directly process and/or have access to personal data in connection with the performance of their official duties, the period of storage of personal data

  8. Rights of the subject of personal data

  9. The procedure for handling requests of the subject of personal data

  10. State registration of the personal data base

1.General concepts and scope of application

1.1. Definition of terms:

personal data base — a named set of organized personal data in electronic form and/or in the form of personal data files;

responsible person - a designated person who organizes work related to the protection of personal data during their processing, in accordance with the law;

the owner of the personal data base is a natural or legal person who is granted the right to process this data by law or with the consent of the subject of personal data, who approves the purpose of processing personal data in this database, establishes the composition of this data and the procedures for its processing, unless otherwise determined by law;

The State Register of Personal Data Bases is a single state information system for collecting, accumulating and processing information on registered personal data bases;

publicly available sources of personal data — directories, address books, registers, lists, catalogs, other systematized collections of open information, which contain personal data, placed and published with the knowledge of the subject of personal data. Social networks and Internet resources in which the subject of personal data leaves their personal data are not considered publicly available sources of personal data (unless the subject of personal data expressly states that the personal data is posted for the purpose of their free distribution and use);

consent of the subject of personal data - any documented, voluntary expression of will of a natural person regarding the granting of permission for the processing of his personal data in accordance with the formulated purpose of their processing;

depersonalization of personal data — removal of information that allows identification of a person;

processing of personal data - any action or set of actions performed in whole or in part in the information (automated) system and/or in personal data files, which are related to the collection, registration, accumulation, storage, adaptation, change, renewal, use and distribution (distribution, implementation, transfer), depersonalization, destruction of information about a natural person;

personal data - information or a set of information about a natural person who is identified or can be specifically identified;

the manager of the personal data base is a natural or legal person who is authorized to process this data by the owner of the personal data base or by law. A person who is instructed by the owner and/or administrator of the personal data base to carry out technical work with the personal data base without access to the content of personal data is not a manager of the personal data base;

subject of personal data - a natural person, in relation to whom, in accordance with the law, his personal data is processed;

third party - any person, with the exception of the subject of personal data, the owner or manager of the personal data base and the authorized state body for personal data protection, to whom the owner or manager of the personal data base transfers personal data in accordance with the law;

special categories of data — personal data about racial or ethnic origin, political, religious or ideological beliefs, membership in political parties and trade unions, as well as data related to health or sex life.

1.2. This Regulation is mandatory for application by the responsible person and employees of the seller who directly process and/or have access to personal data in connection with the performance of their official duties.

2. List of personal data bases

2.1. The seller is the owner of the following personal data bases:

- database of personal data of counterparties.

3. Purpose of personal data processing

3.1. The purpose of processing personal data in the system is to ensure the implementation of civil legal relations, provision, receipt and settlement of purchased goods and services in accordance with the Tax Code of Ukraine, the Law of Ukraine "On Accounting and Financial Reporting in Ukraine".

4. The procedure for processing personal data: obtaining consent, notification of rights and actions with personal data of the subject of personal data

4.1. The consent of the subject of personal data must be a voluntary expression of the individual's will to grant permission for the processing of his personal data in accordance with the formulated purpose of their processing.

4.2. The consent of the subject of personal data can be given in the following forms:

- a document on a paper medium with requisites, which makes it possible to identify this document and the natural person;

- an electronic document, which must contain mandatory details that allow identification of this document and a natural person. It is expedient to certify the voluntary expression of the will of a natural person regarding the granting of permission for the processing of his personal data with the electronic signature of the subject of personal data;

- a note on an electronic page of a document or in an electronic file processed in an information system based on documented software and technical solutions.

4.3. The consent of the subject of personal data is given during the registration of civil legal relations in accordance with the current legislation.

4.4. The notification of the subject of personal data about the inclusion of his personal data in the personal data base, the rights defined by the Law of Ukraine "On the Protection of Personal Data", the purpose of data collection and the persons to whom his personal data is transferred is carried out during the registration of civil legal relations in accordance with the current legislation.

4.5. The processing of personal data on racial or ethnic origin, political, religious or ideological beliefs, membership in political parties and trade unions, as well as data related to health or sexual life (special categories of data) is prohibited.

5. Location of the personal data base

5.1. The personal data base specified in section 2 of this Regulation is located at the address of the seller.

6. Terms of disclosure of personal data to third parties

6.1. The procedure for access to personal data of third parties is determined by the terms of the consent of the subject of personal data, given by the owner of personal data to the processing of this data, or in accordance with the requirements of the law.

6.2. Access to personal data is not granted to a third party if the specified person refuses to undertake obligations to ensure the fulfillment of the requirements of the Law of Ukraine "On the Protection of Personal Data" or is unable to ensure them.

6.3. The subject of relations related to personal data submits a request for access (hereinafter - a request) to personal data to the owner of personal data.

6.4. The request states:

- surname, first name and patronymic, place of residence (place of stay) and details of the document certifying the natural person submitting the request (for a natural person - the applicant);

- name, location of the legal entity submitting the request, position, surname, first name and patronymic of the person certifying the request; confirmation that the content of the request corresponds to the authority of the legal entity (for a legal entity, the applicant);

- surname, first name and patronymic, as well as other information that makes it possible to identify the natural person in respect of whom the request is made;

- information about the personal data base in respect of which the request is submitted, or information about the owner or manager of this personal data base;

- list of requested personal data;

- the purpose and/or legal basis for the request.

6.5. The term of examining the request for its satisfaction cannot exceed ten working days from the date of its receipt. During this period, the owner of the personal data base informs the person who submits the request that the request will be satisfied or that the relevant personal data are not subject to provision, indicating the grounds defined in the relevant regulatory legal act. The request is satisfied within thirty calendar days from the date of its receipt, unless otherwise provided by law.

6.6. Delaying access to personal data of third parties is allowed if the necessary data cannot be provided within thirty calendar days from the date of receipt of the request. At the same time, the total term for solving the issues raised in the request cannot exceed forty-five calendar days.

6.7. The notice of postponement is brought to the attention of the third party who submitted the request in writing with an explanation of the procedure for appealing such a decision.

6.8. The notice of postponement states:

- surname, first name and patronymic of the official;

- the date of sending the message;

- the reason for the delay;

- the period during which the request will be granted.

6.9. Denial of access to personal data is permitted if access to it is prohibited by law.

6.10. The rejection notice states:

- last name, first name, patronymic of the official denying access;

- the date of sending the message;

- reason for refusal.

6.11. The decision to delay or deny access to personal data may be appealed to the court.

7. Protection of personal data: methods of protection, the responsible person, employees who directly process and/or have access to personal data in connection with the performance of their official duties, the period of storage of personal data

7.1. The owner of the personal data base is equipped with system and software and communication tools that prevent loss, theft, unauthorized destruction, distortion, forgery, copying of information and meet the requirements of international and national standards.

7.2. The responsible person organizes the work related to the protection of personal data during their processing, in accordance with the law. The responsible person is determined by the order of the Owner of the personal database.

The duties of the responsible person regarding the organization of work related to the protection of personal data during their processing are specified in the job description.

7.3. The responsible person is obliged to:

- know the legislation of Ukraine in the field of personal data protection;

- develop procedures for access to personal data of employees in accordance with their professional or official or labor duties;

- to ensure that the employees of the Owner of the personal data base comply with the requirements of the legislation of Ukraine in the field of personal data protection and internal documents regulating the activities of the Owner of the personal data base regarding the processing and protection of personal data in personal data bases;

- develop a procedure (procedure) for internal control over compliance with the requirements of the legislation of Ukraine in the field of personal data protection and internal documents regulating the activities of the Owner of the personal data base regarding the processing and protection of personal data in personal data bases, which, in particular, should contain norms regarding the periodicity of such control;

- to inform the Owner of the personal data base about the facts of violations by employees of the requirements of Ukrainian legislation in the field of personal data protection and internal documents regulating the activities of the Owner of the personal data base regarding the processing and protection of personal data in the personal data bases no later than one working day from the moment of detection of such violations;

- to ensure the storage of documents confirming the provision by the subject of personal data of consent to the processing of his personal data and notification of the specified subject about his rights.

7.4. In order to fulfill his duties, the responsible person has the right to:

- receive the necessary documents, including orders and other administrative documents issued by the Owner of the personal database, related to the processing of personal data;

- make copies of received documents, including copies of files, any records stored in local computer networks and autonomous computer systems;

- to participate in the discussion of the duties performed by him in the organization of work related to the protection of personal data during their processing;

- submit for consideration proposals for improving activities and improving work methods, submit comments and options for eliminating identified deficiencies in the process of personal data processing;

- to receive explanations on the processing of personal data;

- to sign and certify documents within their competence.

7.5. Employees who directly process and/or have access to personal data in connection with the performance of their official (labor) duties are obliged to comply with the requirements of the legislation of Ukraine in the field of personal data protection and internal documents, regarding the processing and protection of personal data in personal databases.

7.6. Employees who have access to personal data, including those who process it, are obliged not to allow the disclosure in any way of personal data entrusted to them or which became known in connection with the performance of professional or official or labor duties of the Such an obligation is effective after they cease activities related to personal data, except for cases established by law.

7.7. Persons who have access to personal data, including those who process it in case of violation of the requirements of the Law of Ukraine "On the Protection of Personal Data", are responsible in accordance with the legislation of Ukraine.

7.8. Personal data should not be stored longer than is necessary for the purpose for which such data is stored, but in any case not longer than the data storage period determined by the consent of the subject of personal data to the processing of this data.

8. Rights of the subject of personal data

8.1. The subject of personal data has the right:

-  to know the location of the personal data base that contains his personal data, its purpose and name, the location and/or place of residence (residence) of the owner or manager of this database or to give the appropriate instructions for obtaining this information to persons authorized by him, except for cases established by law;

- to receive information about the conditions for providing access to personal data, in particular information about third parties to whom his personal data contained in the relevant personal data base are transferred;

- to access your personal data contained in the relevant personal data base;

- to receive no later than thirty calendar days from the date of receipt of the request, except in cases provided by law, an answer on whether his personal data is stored in the relevant personal data base, as well as to receive the contents of his personal data that are stored;

- to submit a reasoned demand with an objection to the processing of your personal data by state authorities, local self-government bodies in the exercise of their powers provided for by law;

- to make a reasoned demand for the change or destruction of your personal data by any owner and administrator of this database, if these data are processed illegally or are unreliable;

- to protect your personal data from illegal processing and accidental loss, destruction, damage due to intentional concealment, failure to provide or untimely provision of data, as well as protection from providing information that is unreliable or disgraces the honor, dignity and business reputation of a natural person;

- to apply for the protection of one's rights regarding personal data to state authorities, local self-government bodies, whose powers include the protection of personal data;

- to apply legal remedies in case of violation of the legislation on the protection of personal data.

9. Procedure for handling requests of the subject of personal data

9.1. The subject of personal data has the right to receive any information about himself from any subject of relations related to personal data, without specifying the purpose of the request, except for cases established by law.

9.2. The access of the subject of personal data to personal data is free of charge.

9.3. The subject of personal data submits a request for access (hereinafter - a request) to personal data to the owner of the personal data base.

The request states:

- surname, first name and patronymic, place of residence (place of stay) and details of the document proving the identity of the subject of personal data;

- other information that makes it possible to identify the person of the subject of personal data;

- information about the database of personal data, in relation to which the request is submitted, or information about the owner or manager of this database;

- list of requested personal data.

9.4. The term of examining the request for its satisfaction cannot exceed ten working days from the date of its receipt. During this period, the owner of the personal data base notifies the subject of personal data that the request will be satisfied or that the relevant personal data are not subject to provision, indicating the grounds defined in the relevant regulatory legal act.

9.5. The request is satisfied within thirty calendar days from the date of its receipt, unless otherwise provided by law.

10. State registration of the personal data base

10.1. State registration of personal data bases is carried out in accordance with Article 9 of the Law of Ukraine "On the Protection of Personal Data".

Public offer contract

Terms

1.1. The real offer is the official offer of dubhumans.com in the person of FOP Babin Maksym Viktorovych, hereinafter referred to as the "Seller", to conclude the Agreement for the purchase and sale of goods remotely, i.e. through the Internet store, hereinafter referred to as the "Agreement", and places the Public the offer (proposal) on the official website of the Seller "dubhumans.com" (hereinafter - the "Internet site") in the person of FOP Maxim Viktorovych Babin.

1.2. The moment of complete and unconditional acceptance by the Buyer of the Seller's proposal (acceptance) to conclude an electronic contract for the sale of goods is considered the fact of payment by the Buyer of the order under the terms of this Agreement, within the time and at the prices indicated on the Seller's Internet site.

Concepts and definitions

2.1. In this offer, unless the context otherwise requires, the following terms have the following meanings:

* "Product" - models, accessories, components and accompanying items;

* "Internet store" - in accordance with the Law of Ukraine "on electronic commerce", a means for presenting or selling a product, work or service by means of an electronic agreement.

* "Seller" is a company that sells goods presented on the Internet site.

* "Buyer" - a natural person who concluded an Agreement with the Seller under the conditions set forth below.

* "Order" - the selection of individual items from the list of goods specified by the Buyer when placing the order and making payment.

Scope of the contract

3.1. The Seller undertakes to hand over the Goods to the Buyer, and the Buyer undertakes to pay for and accept the Goods under the terms of this Agreement.

This Agreement regulates the purchase and sale of goods in the online store, including:

- the Buyer's voluntary choice of goods in the online store;

- self-registration of the order by the Buyer in the online store;

- payment by the Buyer of the order made in the online store;

- processing and delivery of the order to the Buyer under the terms of this Agreement.

Procedure for placing an order

4.1. The buyer has the right to place an order for any product presented on the Internet store website and available.

4.2. Each item can be represented in the order in any quantity.

4.3. If the product is not in stock, the Company Manager is obliged to notify the Buyer (by phone or e-mail).

4.4. If the product is not available, the Buyer has the right to replace it with a product of a similar model, to refuse this product, to cancel the order.

Order payment procedure

Cash on delivery

5.1. Payment is made upon receipt of the goods in the department of the transport company for cash settlement in hryvnias.

5.2. If funds are not received, the online store reserves the right to cancel the order.

Bank card

5.3. Payment by Visa/MasterCard bank card using the payment system. On the order placement page, after selecting the appropriate item and clicking the "Confirm order" button, you will be redirected to a secure page for electronic payments.

Terms of order delivery

6.1. After the order, within 3 working days the product will be produced and transferred to the delivery service! Each product that the buyer orders will be produced individually in a short period immediately after the order, with the exception of some products that are manufactured in advance in small batches.

Rights and duties:

7.1. The seller has the right to:

- to unilaterally terminate the provision of services under this contract in case the Buyer violates the terms of this contract.

7.2. The buyer is obliged to:

- to pay and receive the order in a timely manner under the terms of this contract.

7.3. The buyer has the right to:

- place an order in the online store;

Responsibilities of the parties

8.1. The parties are responsible for non-fulfillment or improper fulfillment of the terms of this contract in the manner provided by this contract and the current legislation of Ukraine.

8.2. The seller is not responsible for:

- the appearance of the Product changed by the manufacturer;

- for a slight discrepancy in the color range of the product, which may differ from the original product solely due to different color rendering of personal computer monitors of individual models;

- for the content and veracity of the information provided by the Buyer when placing the order;

- for delays and interruptions in the provision of Services (order processing and delivery of goods) that occur for reasons beyond the scope of his control;

- for unlawful and illegal actions carried out by the Buyer using this access to the Internet;

- for the transfer by the Buyer of his network identifiers - IP, MAC-addresses, login and password to third parties;

8.3. The buyer, using the access to the Internet provided to him, is independently responsible for the damage caused by his actions (personally, even if another person was under his login) to persons or their property, legal entities, the state or moral principles of morality.

8.4. In the event of force majeure, the parties are released from fulfilling the terms of this contract. Circumstances of force majeure for the purposes of this contract mean events of an extraordinary, unforeseen nature, which exclude or objectively interfere with the performance of this contract, the occurrence of which the Parties could not foresee and prevent by reasonable means.

8.5. The parties shall make every effort to resolve any disagreements exclusively through negotiations.

Miscellaneous

9.1. The online store in the person of FOP Babin Maksym Viktorovych reserves the right to unilaterally make changes to this contract, provided that it is previously published on the website dubhumans.com

9.2. The online store was created to organize a remote method of selling goods via the Internet.

9.3. The buyer is responsible for the accuracy of the information specified when ordering information. At the same time, when making an acceptance (placing an order and subsequent payment for the goods), the Buyer gives the Seller his unconditional consent to the collection, processing, storage, and use of his personal data, in the sense of the Law "On the Protection of Personal Data".

9.4. Payment by the Buyer of the order made in the online store means the Buyer's full agreement with the terms of the sales contract (public offer)

9.5. The actual date of the electronic agreement between the parties is the date of acceptance of the terms, in accordance with Art. 11 of the Law of Ukraine "On Electronic Commerce"

9.6. The use of the online store resource to preview the product, as well as to place an order for the Buyer, is free of charge.

9.7. The information provided by the Buyer is confidential. The online store uses information about the Buyer exclusively for the purpose of processing the order, sending messages to the Buyer, delivering goods, making mutual settlements, etc.

The procedure for returning goods of appropriate quality

10.1. The return of goods to the online store is carried out in accordance with the current legislation of Ukraine.

10.2. The return of the goods to the online store is carried out at the expense of the Buyer.

10.3. When the Buyer returns the product of proper quality, the Online Store will return to him the money paid for the product upon the fact of returning the product, minus compensation for the Online Store's costs related to the delivery of the product to the Buyer.

10.4. Returns of goods made to individual order (these are products with a drawing on t-shirts, hoodies, longsleeves, sweatshirts, caps and other clothes with prints, etc., which are presented on the website) fall under article No. 13, part 5, point 3 of the Law "On Protection of Consumer Rights". These products are made individually specifically for the buyer in a single copy and are not subject to exchange or return!

Term of the contract

11.1. An electronic contract is considered to have been concluded from the moment the person who sent the proposal to conclude such a contract receives a response on acceptance of this proposal in accordance with the procedure specified by part six of Article 11 of the Law of Ukraine "On Electronic Commerce".

11.2. Before the expiration of this Agreement, it may be terminated by mutual consent of the parties before the actual delivery of the goods, by means of a refund

11.3. The parties have the right to terminate this agreement unilaterally, in case of non-fulfillment of the terms of this Agreement by one of the parties and in the cases stipulated by the current legislation of Ukraine.

Privacy Policy:

  1. Collection and Use of Information: We collect personal information such as name, email address, shipping address, phone number, and credit/debit card data solely for the purpose of processing orders and providing delivery services. We may also collect information about your IP address and other technical data to ensure security and improve the functionality of our website.
  2. Data Confidentiality: We guarantee the confidentiality of personal data and do not disclose it to third parties without your permission, except where necessary to fulfill orders or comply with legal requirements. We ensure the protection of personal data from unauthorized access, loss, alteration, or disclosure.
  3. Email Campaigns and Subscriptions: By subscribing to our email newsletter or using the subscription form on the website, you consent to receiving regular newsletters from us. We use the third-party email marketing service Sendpulse to send emails. Your data for this purpose may be transferred to the Sendpulse service for processing. Sendpulse Privacy Policy and Terms of Service

Terms of Service:

  1. Orders: Orders placed on our online store are binding. We reserve the right to refuse order processing in case of insufficient product availability, erroneous prices, or other circumstances.
  2. Payment and Delivery: Payment for orders is made using credit/debit cards or other available methods. We deliver orders within specified terms to the address provided by the user.
  3. Returns and Exchanges: We accept returns and exchanges of goods according to our terms if the product has not been used, shows no signs of damage, and is returned in its original packaging.
  4. Ownership Rights: All content presented on our website is protected by copyright and other proprietary rights. The use, copying, or distribution of content without our permission is prohibited.

We draw your attention to the fact that the Dubhumans online store, represented by the FOP Babin Maksym Viktorovych on the official website dubhumans.com, has the right, in accordance with the legislation of Ukraine, to grant the right to use the Internet platform of the FOP and legal entities for the sale of goods.