Effective as of: 01 November 2021
1.1. This Privacy Policy and Personal Data Processing Policy (hereinafter — the “Policy”) defines the procedure for the collection, receipt, storage, use, transfer, protection, updating and deletion of personal data processed by Individual Entrepreneur Karmanov Anton Volodymyrovych, registration number 3656506857 (hereinafter — “LMD Systems”, the “Company” or “we”).
1.2. This Policy applies to personal data that the Company receives or processes in connection with:
1.3. This Policy applies to website visitors, users, customers, subscribers, clients, their representatives, employees and other individuals whose personal data is lawfully obtained by the Company.
1.4. For the purposes of Ukrainian legislation, the Company is the personal data controller to the extent that the Company determines the purpose and composition of the processing of the relevant personal data, unless otherwise expressly provided by an agreement or applicable law.
1.5. Where the General Data Protection Regulation of the European Union 2016/679 (GDPR) applies to the relevant processing, the Company acts as a controller or processor of personal data, depending on the nature of the particular processing activity.
1.6. This Policy forms an integral part of the terms of use of the Company's websites, agreements, public offer and other Company documents, unless otherwise expressly provided by the relevant document.
1.7. By using the website, registering an account, placing an order, entering into an agreement or otherwise lawfully providing personal data to the Company, an individual confirms that they have read this Policy to the extent that such acknowledgement is required by applicable law.
2.1. The Company processes personal data exclusively for specific, defined and lawful purposes and to the extent necessary to achieve the relevant purpose.
2.2. Personal data may be processed for, among other things, the following purposes:
2.3. The legal bases for processing personal data may include:
2.4. Not every processing operation involving personal data requires the user's separate consent. Where applicable law permits the relevant processing on another legal basis, the Company may carry out such processing without obtaining separate consent.
2.5. Where processing is based on consent, the data subject has the right to withdraw such consent in the cases and manner provided by applicable law.
2.6. Withdrawal of consent does not affect the lawfulness of processing carried out before its withdrawal and does not terminate processing carried out on another lawful basis.
2.7. Withdrawal of consent does not require the Company to delete personal data where continued storage or processing is necessary for performance of an agreement, compliance with legal requirements, protection of the Company's rights and legitimate interests, or protection of the rights and legitimate interests of other persons.
3.1. The categories of personal data depend on the nature of an individual's interaction with the Company, the particular service, the method of obtaining such service and applicable legal requirements.
3.2. The Company may process, among other things:
3.3. The Company may request additional documents or information where objectively necessary for:
3.4. If an individual refuses to provide data necessary for entering into or performing an agreement and performance of the agreement is impossible without such data, the Company may refuse to enter into the agreement, suspend the relevant service or terminate it in accordance with the agreement and applicable law.
4.1. The Company may obtain personal data:
4.2. Where personal data is obtained from a third party, the Company may process such data in accordance with the specified purpose, agreement, applicable law or another appropriate legal basis.
5.1. The Company's websites and services may use cookies, local storage, session storage, pixels, event logs, web beacons and other similar technologies.
5.2. Such technologies may be used for:
5.3. Some cookies may be technically necessary for the operation of the website. Refusal to use certain categories of cookies may result in limited or unavailable functionality.
5.4. The Company may use services provided by third-party analytics, advertising, technical and other service providers. In such cases, the relevant providers may process technical information in accordance with their service terms and applicable law.
6.1. When using the website, control panel and other Company services, information systems may automatically collect and store technical information.
6.2. Such information may include:
6.3. Technical information may be used for:
7.1. If a user receives the Company's services through a partner, reseller or other third-party service, the Company may receive from such partner the data necessary to process and fulfill the order.
7.2. Such data may include:
7.3. A partner transferring personal data to the Company is responsible for having an appropriate legal basis for such transfer, unless otherwise provided by applicable law or an agreement between the parties.
7.4. The Company may rely on information received from partners where there are no reasonable grounds to believe that such information was obtained or transferred in violation of applicable law.
8.1. The Company does not sell users' personal data.
8.2. The Company may provide access to or transfer personal data to third parties where there is an appropriate legal basis and only to the extent necessary for the relevant purpose.
8.3. Recipients of personal data may include:
8.4. Such persons receive only the amount of personal data necessary to perform the relevant task, unless otherwise provided by law.
8.5. The Company may engage third parties to process personal data on its behalf where necessary for the provision of services or conduct of business activities.
8.6. In cases provided for by an agreement or applicable law, relevant service providers may act as separate data controllers and independently determine the purposes and means of their own processing.
9.1. For registration, renewal, transfer, administration and other servicing of domain names, the Company may transfer necessary registration data to:
9.2. The categories of data transferred are determined by the rules of the relevant domain zone and the requirements of the registrar, registry operator, ICANN and applicable law.
9.3. Registration data may be made available or published through WHOIS, RDAP or other registration data services where required by the rules of the relevant domain zone and applicable law.
9.4. Where the rules of the relevant domain zone provide for the possibility of concealing or restricting public access to registration data, the Company applies the relevant mechanism within the technical and organizational capabilities available to it.
9.5. The Company is not responsible for the subsequent use of personal data by an independent registrar, registry operator, domain zone administrator or other independent recipient of the data where such recipient acts as a separate data controller.
10.1. The Company may disclose personal data to courts, law enforcement agencies, government authorities, local self-government bodies and other authorized persons where there is a legal basis for such disclosure under applicable law.
10.2. Data may be transferred, in particular, on the basis of:
10.3. The Company may assess the validity of a received request and, where permitted by law, require clarification, confirmation of authority or confirmation of the legal basis for the request.
10.4. Receipt of a lawyer's request does not in itself constitute grounds for automatic disclosure of personal data.
10.5. In response to a lawyer's request, the Company provides information only to the extent and in the cases in which disclosure is permitted by applicable law or another appropriate legal basis exists.
11.1. The Company takes appropriate organizational and technical measures to protect personal data against:
11.2. Security measures may include:
11.3. At the same time, no system for transmitting or storing information over the Internet can guarantee absolute security.
11.4. The Company is not responsible for security breaches resulting from circumstances beyond its reasonable control, including:
12.1. Depending on the infrastructure, service providers used and nature of the services, personal data may be stored or processed on servers located in Ukraine or other countries.
12.2. Personal data may be transferred outside Ukraine where necessary for:
12.3. Where GDPR or other legislation governing cross-border transfers of personal data applies, the Company takes the measures required by the relevant legislation to ensure the lawfulness of such transfer.
13.1. The Company may process and, where there is an appropriate legal basis, transfer personal data where objectively necessary to:
13.2. In such cases, the Company may retain the relevant data for the period necessary to achieve the stated purpose, including for the duration of a dispute, review, investigation or court proceedings.
14.1. The Company may use contact details to send communications necessary for the performance of an agreement or operation of the services.
14.2. Such communications may include:
14.3. The Company may also conduct advertising and marketing communications in the cases and manner permitted by applicable law.
14.4. The user may opt out of receiving advertising communications using the method provided for this purpose. Such opt-out does not terminate the sending of communications necessary for performance of an agreement, security or operation of the services.
15.1. The Company retains personal data for no longer than necessary to achieve the purpose of processing, unless a different period is established by law, an agreement or another appropriate legal basis.
15.2. Depending on the category of data, personal data may be retained:
15.3. Upon expiry of the relevant retention period, personal data may be deleted, destroyed or anonymized.
15.4. Certain data may temporarily remain in backups, archives, security logs or other technical systems until the relevant backup or deletion cycle is completed, where such retention is necessary for technical, security or legal reasons.
15.5. Data necessary to fulfill legal obligations or protect the Company's rights shall not be deleted solely on the basis of a user's request where such deletion would conflict with the relevant obligation or legitimate interest.
16.1. A data subject has the rights provided by Ukrainian law and, where applicable, by the GDPR or other applicable legislation.
16.2. In particular, an individual may have the right to:
16.3. The exercise of the right to deletion, restriction or cessation of processing is not absolute and may be restricted where the Company has a legal obligation or another appropriate legal basis to continue processing.
16.4. In particular, the Company may refuse to delete or cease processing where retention of the data is necessary for:
17.1. To exercise their rights, a data subject may contact the Company using the contact details specified in this Policy or on the Company's website.
Contact for personal data matters:
Email: [●]
Postal address: [●]
17.2. A request must contain sufficient information to identify the applicant and determine the nature of their request.
17.3. To protect personal data, the Company may request the applicant to verify their identity or authority where failure to do so could create a risk of unlawful disclosure of personal data.
17.4. If a request is submitted by a representative, the Company may require a document confirming the representative's authority where necessary under applicable law.
17.5. The Company processes requests and provides responses within the time limits and in the manner prescribed by applicable law.
17.6. If the Company cannot satisfy a request in whole or in part, it may inform the applicant of the relevant legal or factual grounds for refusal.
18.1. The user is required to provide accurate information and, where such information changes, to update it in a timely manner where possible.
18.2. The Company is not required to continuously verify the accuracy of personal data provided by the user unless otherwise required by law or by the nature of the relevant service.
18.3. If the provision of inaccurate, incomplete or outdated information makes it impossible to properly provide services, identify the individual, process a payment or comply with legal requirements, the Company may request clarification or confirmation of the relevant data.
18.4. If the required information is not provided, the Company may temporarily restrict, suspend or terminate the relevant service where necessary to comply with applicable law, ensure security or perform an agreement.
19.1. The Company's services are not intended for persons who are not legally entitled to independently enter into the relevant agreements under applicable law, unless otherwise expressly provided by the terms of a particular service.
19.2. If the Company becomes aware that personal data of an individual was provided in violation of applicable legal requirements, the Company may take measures to cease the relevant processing or delete such data, unless otherwise required by law.
20.1. If a user provides the Company with personal data of another person, the user warrants that they have the appropriate authority or other legal basis for such transfer where such basis is required by law.
20.2. The user is responsible for the lawfulness of transferring personal data of third parties to the Company where the user is the person making such transfer.
20.3. The Company may rely on representations and information provided by the user unless otherwise required by law or the Company is aware that such information is inaccurate.
21.1. The Company's website and services may contain links to or integrations with third-party websites, applications, payment systems, social networks, analytics services and other resources.
21.2. Third-party services may process personal data in accordance with their own privacy policies.
21.3. The Company does not control the privacy policies of independent third parties and is not responsible for the processing of personal data by such parties where they act as independent data controllers.
21.4. Users are advised to review the privacy policies of the relevant third-party services before using them.
22.1. The Company does not use personal data for purposes incompatible with the purposes for which such data was collected, except where such processing is permitted by law or another appropriate legal basis exists.
22.2. If the Company intends to carry out processing that materially differs from the original purpose and requires an additional legal basis, the Company may notify the user and/or obtain the necessary consent where such consent is required by applicable law.
23.1. The Company is responsible for the processing of personal data within the scope of its authority and in accordance with applicable law.
23.2. The Company is not responsible for:
23.3. Nothing in this Policy shall be construed as exempting the Company from obligations or liability from which it cannot be exempted under mandatory provisions of applicable law.
24.1. This Policy is governed by the laws of Ukraine unless otherwise provided by applicable law.
24.2. The processing of personal data is carried out taking into account, in particular, the requirements of Ukrainian legislation concerning personal data protection, electronic commerce, electronic communications, civil and commercial legislation, as well as other regulatory legal acts applicable to the relevant activities.
24.3. Where GDPR or other foreign data protection legislation applies to particular processing activities, such processing shall also be carried out taking into account the requirements of such legislation.
25.1. The Company may periodically amend and update this Policy.
25.2. A new version of the Policy becomes effective upon publication on the Company's website unless otherwise specified in the new version.
25.3. If changes materially affect the rights of individuals or the manner in which personal data is processed and applicable law requires separate notification or consent, the Company shall take such actions in accordance with the procedure prescribed by law.
25.4. Users are advised to periodically review the current version of this Policy.
