PRIVACY AND PERSONAL DATA PROTECTION AND PROCESSING POLICY

This Privacy and Personal Data Protection and Processing Policy (hereinafter referred to as "Policy") was drawn by Starzhynska Olesia Petrivna, individual entrepreneur, acting on the basis of the Extract from the Unified State Register of Legal Entities, Individual Entrepreneurs and Public Organizations of Ukraine (register entry number: 2000670010001182194, entry date: 07/22/2021) (hereinafter – the "Seller"), in accordance with the current legislation of Ukraine, including but not limited to the Law of Ukraine "On Personal Data Protection" No. 2297-VI of 01 June 2010, for its use in the course of business activities, and establishes the procedure for obtaining, collecting, accumulating, storing, processing, using, protecting, and disclosing the personal data (hereinafter – the "Data") of the website https://tobe.ua (hereinafter – the "Website") users.

This Policy establishes the procedure for personal data processing by the Seller, types of personal data collected, the purposes and principles of using such personal data, the Seller's interaction with the third parties, security measures for personal data protection, the conditions of access to personal data, as well as contact information for the User to obtain access, make changes, block or delete their personal data, and address any questions that the User may have regarding the protection of personal data.

Data processing means any actions with the Data, including but not limited to: access, provision, distribution, collection, systematization, storage, accumulation, recording, transfer, blocking, deleting, clarification, updating and/or modification, depersonalization, and other ways of using the Data by the Seller. This Policy covers the activities of the Seller both on and off the Internet, including Personal Data that the Seller collects through various channels, such as websites, applications, social networks, etc. This Policy does not apply to websites that are accessed through hyperlinks posted on the Website.

Personal Data owner and administrator is Starzhynska Olesia Petrivna, individual entrepreneur, (EDRPOU code: 3082301240).

LIST OF PERSONAL DATA THAT MAY BE PROCESSED

The Personal Data processed may include the following information:

personal contact information that the User provides to the Seller, which will allow to contact such User (e. g. postal address, email, social network data, or phone number);

  • data for logging into the User’s account, including phone number, email, login, and password, other Data necessary for providing services to the Website Users, and communication with the Users, including when the User contacts Website support;
  • demographic data, describing demographic and behavioral characteristics of the User (e. g. their date of birth, age or age range, gender, geographic location);
  • any information the User shares voluntarily with the Seller about their experience of using other services and products, leaving reviews, comments, customer support requests, complaints, claims and other requests;
  • any information from social networks that the User shares publicly on a social network, or information that is part of the User's profile on a social network (e. g. in Facebook, Instagram, etc.). To refuse to provide such information in a social network, the User needs to visit the website of the corresponding social network;
  • payment information required by the Seller to fulfill orders, or which the Buyer uses to place an order (make a purchase) on the Website, such as debit or credit card details (cardholder name, card number, expiration date etc.), or other forms of payment (if available). In any case, the Seller shall process payment and financial information in accordance with the current legislation, rules and security standards;
  • information provided by the Users to the Seller when entering into contracts by accepting a public offer posted on the Website and/or on concluding contracts for the provision of additional services on the Website.

Cookies are small text files that are stored on the User’s devices when they visit the website https://tobe.ua. The Website may use cookies to understand what content the User is interested in and to remember it if the User uses the Website again. The Seller stores cookies to ensure the technically optimized provision of services for the sale (realization) of goods and/or use of the Website in general. Cookies that may be used by the Seller cannot harm the User’s devices. If the User agrees to the processing of personal data, this automatically allows the Seller to use cookies every time the User uses the website https://tobe.ua.


THE PURPOSE OF PROCESSING (COLLECTING) PERSONAL DATA IS:

  • administering the Website, ensuring its updating and technical support;
  • creation of a User account, its registration and/or identification;
  • to contact Users for the purposes of providing services, selling goods, processing payments, conducting settlement operations, creating and implementing User protection programs, sending mailings by mail, e-mail, including for the purpose of sending commercial offers, notifications of promotions and other news of the Seller;
  • to evaluate and analyze the market, products, services and services provided by the Seller, as well as to improve the quality of such services and services, to form ratings, analyze User activity, perform keyword searches, manage traffic on the Website, analyze and predict the preferences and interests of Users;
  • consideration of requests and complaints left by Users regarding the use of the Website;
  • ensuring the security of the Website and preventing fraud;
  • verification of compliance with the terms and conditions governing the use of the Website (including monitoring of messages sent through the Website service, if the User is provided with the possibility of messaging);
  • direct provision of services and sale/delivery of goods ordered by the User;
  • sending e-mail notifications that Users may request;
  • any other purposes to the extent sufficient to provide quality services and ensure the implementation of civil, economic and tax relations.

In addition, the Seller uses the User’s personal data for marketing purposes in accordance with the legislation of Ukraine. When using the User’s personal data for direct marketing (commercial mailing and marketing messages about new products, goods, services, and offers), the Seller includes a link, by clicking on which the User has the right to unsubscribe from such messages in the future.

IN ACCORDANCE WITH PART TWO OF ARTICLE 8 OF THE LAW OF UKRAINE "ON PERSONAL DATA PROTECTION", THE USER, AS A SUBJECT OF PERSONAL DATA, HAS THE RIGHT: 

  • to know about the sources of collection, location of their personal data, the purpose of their processing, location or place of residence (stay) of the owner or administrator of personal data or to give a corresponding order to obtain this information to persons authorized by them, except in cases established by law;
  • receive information about the conditions for granting access to personal data, including information about third parties to whom their personal data is transferred;

  • to access their personal data;
  • to receive a response on whether their personal data is processed no later than thirty calendar days from the date of receipt of the request, except in cases provided for by law, and to receive the content of such personal data;
  • submit a reasoned request to the personal data owner with an objection to the processing of their personal data;
  • to make a reasoned request to change or destroy their personal data by any owner and administrator of personal data, if such data is processed illegally or is unreliable;
  • to protect their personal data from unlawful processing and accidental loss, destruction, damage due to intentional concealment, failure to provide or untimely provision, as well as to protect against the provision of information that is inaccurate or discrediting the honor, dignity and business reputation of an individual;
  • file complaints about the processing of their personal data to the Ukrainian Parliament Commissioner for Human Rights or to the court;
  • apply legal remedies in case of violation of personal data protection legislation;
  • to make reservations regarding the restriction of the right to process their personal data when giving consent;
  • withdraw consent to the processing of personal data;
  • know the mechanism of automatic processing of personal data;
  • to be protected against an automated decision that has legal consequences for them.

    THE SELLER RECEIVES DATA FROM OR ABOUT THE USER FROM THE FOLLOWING SOURCES:

  • the website https://tobe.ua, which is managed by the Seller under its own domains/URLs and the pages that the Seller launches on social networks such as Facebook, Instagram, YouTube, etc;
  • e-mail, text and other electronic messages;
  • electronic registration forms or similar forms that the Seller collects via e-mail or direct use of the website https://tobe.ua.

    PROTECTION OF PERSONAL DATA

The processed Personal Data is transferred to third parties with the consent of the Personal Data subject. The transfer of processed Personal Data to third parties without the consent of the Personal Data subject or their authorized person is allowed in cases specified by law and only (if necessary) in the interests of national security, economic welfare and human rights.

The Seller is not responsible for the operation of servers, Internet access service providers, the work of third parties, through whose fault access to the Website may be impossible or limited, possible information leakage through the fault of third parties, as well as for disclosure by the User of their personal data, including authorization data on the Seller’s Website, in application program interfaces and applications.

The User acknowledges that in case of their negligence to the security and protection of their Data, third parties may gain unauthorized access to the User’s account and Data. The Seller shall not be liable for any damages caused by such access.

In this regard, the Seller recommends reviewing the Privacy Policy, the procedure for the transfer and processing of personal data of each website before transferring any personal data that can identify the User.

CHANGES TO THE PRIVACY AND PERSONAL DATA PROTECTION AND PROCESSING POLICY 

This Policy may be amended and supplemented from time to time and without prior notice to the Users, including in the event of changes in the requirements of the law. If the Seller changes the way the User’s Personal Data is processed, the Seller will update this Policy. The Seller also reserves the right to make changes to the approaches to Data processing and to this Policy at any time.

In the event that any provisions of this Policy, clauses or parts thereof are recognized as contrary to the current legislation of Ukraine or as invalid, this does not affect the other provisions of this Policy, they remain fully valid and continue to be fully valid and effective, and any other invalid provision or provision that cannot be implemented without further action by the Parties shall be deemed amended, corrected to the extent necessary to ensure its validity and enforceability.

USER'S CONSENT

By registering, logging in or filling out any forms on the website https://tobe.ua, application software interfaces and applications, the User confirms that they have read and agree to these terms and conditions, in particular, for the purpose of processing personal data, as well as the rights granted to Users (subjects of personal data) in accordance with the current legislation of Ukraine, and the use of personal data by the Seller, by giving consent – activating the "Order" button through the website form (tick) and/or checking the box "I agree to the Privacy and Personal Data Protection and Processing Policy".

The User has no right to use the website https://tobe.ua if they do not agree to these terms and conditions.

In order to update, access, amend, block or delete their Personal Data, revoke the consent to the processing of Personal Data provided to the Seller by the User, or in case of any comments, requests or claims regarding Personal Data processed by the Seller, the User should send a request to the following e-mail address: cosmetic.tobe@gmail.com.

However, some features of the Website that require the User’s Personal Data may be terminated from the moment they are deleted.

The Seller shall ensure the application of all relevant confidentiality obligations, as well as technical, operational and organizational security measures to prevent unauthorized or unlawful disclosure or processing of information and Data, their accidental loss, destruction or damage.