CONSENT TO THE PROCESSING OF PERSONAL DATA AND WEBSITE PRIVACY POLICY
This is an English translation provided for convenience. In case of any discrepancy, the Ukrainian version prevails.
Talken Cloud, represented by Natalia Yevhenivna Lototska-Hevko, acting on the basis of the Charter (hereinafter, the “Company”), on the one hand, and the Website User (hereinafter also, the “User”), who accepts and agrees to the terms of this “Agreement on the Processing of Personal Data and Website Privacy Policy” (hereinafter, the “Agreement”) by accepting the terms of this Agreement in the manner provided for herein, have agreed as follows:
1. General Provisions
1.1. This Agreement has been developed in accordance with the Law of Ukraine “On Personal Data Protection” and other regulations of Ukrainian law governing legal relations related to the collection, processing and storage of personal data, as well as citizens’ right to privacy and right to self-expression.
This Agreement is a public contract of accession.
1.2. By visiting the resources of this website, the Website User confirms their consent to the rules and requirements of the Agreement. If the Website User does not consent to the terms of the Agreement, they must leave the website and refrain from visiting it in the future.
1.3. Consent is given by:
1.3.1. using any of the functions or services of the Website;
1.3.2. registering on the Website (including through accounts in other networks);
1.3.3. entering one’s data in the “Your name” and/or “Your e-mail” fields on the Website;
1.3.4. indicating and/or ticking “I agree to the Agreement on the Processing of Personal Data” when using a Website service.
1.4. The Website User may not post information or use the website if they do not agree with the Privacy Policy, or have not reached the age at which the law allows them to enter into agreements, or are restricted in their rights by law, or are not an authorized representative of the company on whose behalf the information is posted.
1.5. The Website User’s personal data will be stored by Talken Cloud at: 2 Kakha Bendukidze St., apt. 359, Kyiv, 01103, Ukraine.
1.6. This Agreement is effective from August 5, 2022, and will be updated as necessary and/or as a result of changes in applicable law.
2. Terms and Definitions
“Administrator” means Talken Cloud, address https://talken.cloud/.
“Database” means a set of records (information, data) in computer files and the database management system.
“Website records (information, data)” means information about the Website’s services entered into the database by Users.
“Information” means any records, texts, links, graphic, video and audio objects, and Materials.
“User” (or “Users”) means any individual or legal entity (or programs that allow the website to be used, “Robots”), regardless of legal status and legal capacity, that uses any of the functions or services of the Website. “Company” means the owner of the Website, Talken Cloud, represented by Natalia Yevhenivna Lototska-Hevko, address: 2 Kakha Bendukidze St., apt. 359, Kyiv.
“Materials” means the text of records (information, data), photos, graphics, messages, audio (video) recordings, program code, comments and other materials.
“Netiquette” means formal rules of behavior, communication and tradition on the Internet that prohibit, at a minimum, spam, flooding, flaming, off-topic posting and other forms of disrespect online.
“Registration on the website” (hereinafter also, “Registration”) means the process of providing personal data to the Website in order to gain access to additional services or to resources that unregistered Users cannot use.
“Website” means https://talken.cloud/ and all of its other elements, sections, parts and web pages located at that address.
3. Restrictions under the Privacy Policy
3.1. The Website User must comply with the following rules:
3.1.1. not to misuse the website, not to try to influence or interfere with its operation, and not to access information other than through the standard interface;
3.1.2. to use the website only in accordance with Ukrainian law;
3.1.3. in case of a breach of the Agreement, or if a breach is suspected, the Administrator has the right to suspend or completely block the Website User’s access to the website by the Website User’s IP address.
3.2. The Company may review and update this Agreement at any time. The Website User is bound by these changes and should visit this page from time to time to review the current version of the Agreement.
4. Rights of the Website User
4.1. The Website User has the right:
4.1.1. to know the location of the personal database containing their personal data, its purpose and name, and the location and/or place of residence (stay) of the owner or controller of the personal data, or to instruct authorized persons to obtain this information, except in cases established by law;
4.1.2. to receive information about the conditions of access to personal data, in particular information about third parties to whom their personal data is transferred;
4.1.3. to access their personal data;
4.1.4. to receive, no later than thirty calendar days from the date of the request, except in cases provided for by law, an answer as to whether their personal data is stored in the relevant personal database, and to receive the content of their stored personal data;
4.1.5. to submit a reasoned objection to the owner of personal data against the processing of their personal data;
4.1.6. to submit a reasoned request to any owner or controller of personal data to change or destroy their personal data if this data is processed unlawfully or is inaccurate;
4.1.7. to protection of their personal data from unlawful processing and accidental loss, destruction or damage due to intentional concealment, failure to provide or late provision, as well as to protection from the provision of information that is inaccurate or discredits the honor, dignity and business reputation of an individual;
4.1.8. to file complaints about the processing of their personal data with public authorities and officials responsible for personal data protection, or with a court;
4.1.9. to use legal remedies in case of a violation of personal data protection law;
4.1.10. to make reservations limiting the right to process their personal data when giving consent;
4.1.11. to withdraw consent to the processing of personal data;
4.1.12. to know the mechanism of automatic processing of personal data;
4.1.13. to protection from an automated decision that has legal consequences for them.
4.2. The personal data of a Website User with limited legal capacity or declared legally incapable is managed by their legal representative.
5. Purposes of Collecting Personal Data
5.1. The Company collects and uses the Website User’s personal data to better provide the necessary services and information, and also to:
5.1.1. answer questions and requests;
5.1.2. process orders;
5.1.3. administer or otherwise fulfill its obligations under any contract concluded with the Company;
5.1.4. prevent and resolve problems related to any services provided to the Website User;
5.1.5. create products or services that meet the Website User’s needs;
5.1.6. respond promptly to possible complaints about shortcomings in the services provided.
5.2. The Company may use personal data for direct marketing (including providing information about goods and services that may be of interest by sending SMS, e-mail or Viber messages).
5.3. Except as provided in this privacy policy, the Company will not disclose any personal information unless the Company is required to do so by law or such action is necessary to protect or defend our rights, property or personal safety, or those of our users/clients and other persons.
6. Use of Personal Information Provided on Other Websites
6.1. The Company’s website may contain links to other websites, or the Website User may come to the Company’s website via a link from another website.
6.2. The Company is not responsible for the privacy policies and practices of other websites.
7. Cookie Policy and Use of Google Analytics
7.1. The Company uses cookies when operating the website. They make it possible to identify the browsers of users who visit our website again and to store user settings and other information. For ease of use of the website, the Company uses the remarketing function, which also uses cookies.
7.2. The Website User can set their browser to reject all cookies or to notify them when cookies are sent.
7.3. Using Google Analytics, the Company collects statistics about website visits, such as pages visited, number of page views, domains, Internet service providers and countries of origin of our visitors, as well as the addresses of websites visited before and after the website, etc.
8. Other Provisions
8.1. The Company takes measures to ensure that the information on this website is reliable. However, the Company assumes no responsibility and does not guarantee that the information and data provided are accurate, objective and up to date at the time of viewing.
8.2. It is prohibited to distribute, modify, transmit, use or reuse any information from this website for any public or commercial purpose without the Company’s written permission.
8.3. Users may change or delete their personal information (phone number) or unsubscribe from mailings at any time. Some of the Company’s features that require information about the User may stop working from the moment the information is changed or deleted (including paid services).
8.4. The User’s personal data is stored until the User deletes it. A letter (information) sent to the e-mail address provided by the User is sufficient notice to the User of the deletion or other processing of personal data. If the User has not provided their own e-mail address, no notice is sent to the User.
8.5. The User agrees to the Agreement, as well as to the transfer and processing of data.
8.6. The User confirms that they are of legal age and that there are no acts restricting their legal capacity.
8.7. The Website User has the right to personally learn more about the information stored by the company and to make corrections if necessary. The Website User has the right to ask us not to use information by not giving consent in the registration form.
8.8. If the Website User has additional questions not covered in this Agreement, the Website User may send a letter to: 2 Kakha Bendukidze St., apt. 359, Kyiv.
Talken.Cloud LLC
