This Privacy Policy (hereinafter – “the Policy”) is an integral part of the Terms of Use for the Author and the Publishing Company. The terms and notions used in this Policy are similar to the terms and notions used in the Terms of Use.
The Policy applies to any Services offered and/or provided by the Website Administration through the Website literary-tree.net.
The use of the Website Services denotes unreserved consent of the User to the Policy and the terms specified herein for the processing of User’s personal data. In case of refusal of the User to comply with the Policy, the latter is obliged to refrain from using and/or to stop using the Services.
1. PERSONAL DATA PROCESSED BY WEBSITE ADMINISTRATION
1.1.Personal data refers to all identification information, including personal data and other personal information, received by the Website Administration from the User during their stay on the Website and/or during the use of the Services, provided by the Website Administration. This information, if necessary, can be used to contact the User both online and in other ways.
1.2.Personal data refers to any information relating to an individual, identified or identifiable by one or more factors that are relevant to the physical, physiological, genetic, mental, economic, cultural or social nature of such an individual.
1.3.The personal data is provided by the User solely on a voluntary basis.
1.4.The composition of personal data:
1.4.1.Personal data, provided by the Author at the registration on the Website, including:
·surname, name, patronymic;
·e-mail address;
·phone number;
·other contact information provided by the Author at the registration on the Website.
1.4.2.Personal data of the representative of the Publishing Company, provided at the registration of the Company on the Website, including:
·surname, name, patronymic of the representative;
·e-mail address;
·phone number;
·other contact information of the representative of the Publishing Company, provided at the registration of the Company on the Website.
1.4.3.Personal data of the head of the Publishing Company, indicated in the Certificate of Incorporation of the Publishing Company into the State Register of Publishers, Manufacturers and Distributors of Publishing Products.
1.4.4.Personal data of the User provided by the latter during the term of use of the Services, including the location of a mobile device from which the Services are accessed, information about the Works, etc.
1.4.5.Personal data provided automatically in connection with the specific features of functioning of the Internet, including IP addresses, cookies, server logs, information about the browser (or another program used by the User to access the Services), information about the software of the User and other similar information.
2. PURPOSE OF PERSONAL DATA COLLECTION AND PROCESSING
2.1.Personal data of the User is processed by the Website Administration in ways, in the amount and within the limits necessary for the provision of services to Users.
2.2.Personal data is processed by the Website Administration for the following purposes:
2.2.1.Registration of Users;
2.2.2.Ensuring operation of the Website and provision of services by the Website Administration;
2.2.3.Identification of the User accessing the Website;
2.2.4.Execution of the terms of agreements concluded between the Users and the Website Administration, including by providing the Author and the Publishing Company with contact information, works, other content and documents necessary for the proper performance of the agreements that contain personal data, in the cases provided for by the terms of the said agreements;
2.2.5.Marketing research and statistical data collection;
2.2.6.Promotion of the Website for advertising and marketing purposes in social networks and other resources, including, but not limited to, Facebook, LinkedIn, Twitter, Pinterest, Instagram;
2.2.7.Improving the Website Services, including the quality and operability of their use;
2.2.8. Sending messages and notifications to Users;
2.2.9. Ability to modify the User’s account in case of emergency (for example, to recover password in case of theft);
2.2.10. Customer Support, in particular, aimed at responding to requests and resolving complaints regarding the Website Services operation, and informing the Website developers and/or the technical support thereof;
2.2.11. Detecting fraud and illegal activities in order to protect and prevent fraudulent, unauthorized or unlawful actions, including identity fraud.
2.3.The Website Administration may process personal data for other purposes, the achievement of which is directly or indirectly related to the Website operation.
3. USE OF PERSONAL DATA
3.1.The Website Administration undertakes not to promote the dissemination of personal data of the Users and not to transfer it to third parties, except in the following cases:
3.1.1.The User has expressed their consent to the specified actions;
3.1.2.In order to fulfill the terms of agreements concluded between the User and the Website Administration, including by providing the Author and the Publishing Company with contact details, works, other content and documents necessary for duly performance of the agreements that contain personal data, in the cases provided for by the terms of the said agreements;
3.1.3. Due to sale of a business (in whole or in part) by the Website Administration. In this case, the rights and obligations of the Users remain unchanged, and the acquirer obtains the rights and obligations provided for by this Policy;
3.1.4. Due to transfer of the personal data processing functions to a third-party organization that has the right to carry out such activities;
3.1.5. In other cases stipulated by the legislation of Ukraine.
3.2.The User has the right to receive information, relating to processing of their personal data, in the manner established by the legislation of Ukraine.
3.3.The Website Administration can use personal data to hold statistical, demographic and marketing research. The results of research are not confidential. In any event, the Website Administration guarantees that the research results will be used without any reference to personal information provided by the User and will not allow identification of a particular User.
3.4.The User consents to receive messages and notifications of the Website Administration to the registered email address and mobile phone number at any time and of any nature, including advertising.
3.5.In the case of personal data processing for direct marketing purposes, the User has the right to object to such processing, insofar as it concerns such direct marketing. If the User objects to processing of their personal data for direct marketing purposes, the Website Administration can no longer process their personal data for such purposes. The User cannot object to the processing of their personal data for the purposes of scientific or historical research, or for statistical purposes, if such processing is necessary for the performance of the task on the grounds of public interest.
3.6.The User is entitled to receive personal data, provided by them, to the Website Administration (access to personal data), and has the right to transfer such data to third parties. Such right may be limited by the legislation of Ukraine.
3.7.The User has the right to require the Website Administration to correct or update any information that is relevant to this User and is outdated, unreliable or incorrect.
3.8.The User has the right to restrict processing of their personal data by the Website Administration in the following circumstances:
3.8.1. the User contests the accuracy and verity of personal data;
3.8.2. processing is illegal, and the User objects to deletion of the personal data, and submits a request to restrict their use;
3.8.3. the Website Administration no longer needs the personal data for processing, but the User requires such data to draft, exercise or protect legal claims;
3.8.4. The User has objected to processing of the personal data due to a specific situation of the User, if the latter claims violation of their interests, rights and freedoms during personal data processing. In such a case, personal data processing is limited during the period when the User expects verification of whether the legitimate grounds for processing the data by the Website Administration prevail over the legitimate interests of the User.
3.9. The User has the right not to be subject to the decision of the Website Administration, which is based solely on automated processing of personal data, if this decision involves significant legal implications for the User or has a similarly significant effect on it.
The above provision does not apply if the decision:
3.9.1. is necessary for the conclusion or execution of an agreement between the User and the Website Administration;
3.9.2. is permitted by the legislation of Ukraine;
3.9.3.is based on the express consent of the User.
4. PUBLICATION OF INFORMATION BY THE USER
4.1.The User may at their own discretion provide third parties with any information about themselves during the use of the Services. This information is considered public, and the Website Administration does not bear any responsibility for the consequences of such User’s actions.
4.2.The User guarantees that information provided to third parties and the Website Administration cannot:
4.2.1. be false, inaccurate or misleading;
4.2.2.foster fraud, deception or abuse of trust;
4.2.3.violate or infringe the property of a third party, its trade secret or right to privacy;
4.2.4. call for a crime, as well as stir up interethnic hostility;
4.2.5. contain information that offends the honour, dignity or business reputation of any person, defamation or threat against any person;
4.2.6. contain computer viruses and other computer programs aimed, in particular, at harm, illegal intrusion, secret interception or data assignment;
4.2.7. contain advertising material;
4.2.8. otherwise violate the current legislation of Ukraine.
5. PERSONAL DATA DELETION AND CONSENT REVOCATION
5.1.The User of the Services has the right to change their personal information at their own discretion at any time through Website interface features, in particular, User’s Personal Account. In accordance with the Policy objectives, change of personal information refers to introduction by the User of any changes in personal data, aimed at maintaining relevance and reliability of the information.
5.2.The User of Services has the right to delete their personal information at their own discretion at any time through Website interface features, in particular, User’s Personal Account.
5.3.The User has the right to demand from the Website Administration an update, blocking or destruction of their personal data in the event that such data are incomplete, outdated, inaccurate, illegally received or is not necessary for the stated purpose of processing, as well as to carry out other actions stipulated by the legislation of Ukraine for the protection of their rights.
5.4.The right of the User to update, delete, and block personal data may be limited by the requirements of the legislation of Ukraine.
5.5.The User has the right to revoke their consent to personal data processing at any time. Revocation of consent does not affect the legality of personal data processing, based on the consent that was given prior to the revocation. In the event the User withdraws their consent to processing their personal data, some services may be unavailable to such User.
6. COOKIES PERSONAL DATA PROCESSING
6.1.The Website Administration uses cookies (small pieces of data stored on the User's computer) to ensure the Website operation, in particular, for the following tasks:
6.1.1. Identification of Users;
6.1.2.Tracking the session state of the User’s access to the Website;
6.1.3. Saving personal settings of the User.
6.2.The structure and nature of the data contained in the cookie files are determined by the Website Administration itself.
6.3.If the User does not want the cookie files to be used when using the Website Services, the User can change the settings of any browser or device. For more information on how to disable cookies in browser settings, the User may visit the Help page of the browser.
6.4.In the event the User disables cookies in the browser settings, the User will not be able to access all of the Website Services.
6.5.The Website may contain content and links to other websites operated by third parties who may also use cookies. The Website Administration does not control these third party websites or their cookie files, and this Policy does not apply to them.
7. PERSONAL DATA COLLECTION, STORAGE AND PROTECTION
7.1.The Website Administration collects, stores and uses personal data in strict compliance with this Policy. The Website Administration takes all necessary steps to ensure duly storage and usage of the information received. Personal data is collected automatically when the User visits the Website, uses the Services, and fills in the blanks offered.
7.2.The Website Administration makes every effort to minimize the risk of unauthorized access to personal data andits improper use. However, the Website Administration is not liable in the event of access to personal data by third parties with no fault of the Website Administration.
7.3.In the event of a dispute arising out of the use of the Website Services, as well as in other cases stipulated by the current legislation of Ukraine or a public offer to use the Website, located at literary-tree.net, the User undertakes to provide the Website Administration with personal data upon request, including in writing.
7.4.The Website Administration guarantees that all necessary and sufficient measures are taken to ensure the security of personal data during its processing. The Website Administration at its own discretion performs all necessary legal, organizational and technical actions to protect personal data from unlawful or accidental access, destruction, distortion, blocking, copying, provision, distribution, as well as other unlawful actions concerning personal data.
7.5.Any personal data collected during the provision of services is transferred to and stored in relevant data centers. Only individuals authorized by the Website Administration have access to personal data and can access the data to resolve the issues related to the use of the Services.
7.6.Personal data of the User is stored during the period of use of the Services. If the User refuses to use the Services, their personal data will be removed from the databases (subject to the Policy), unless such data must be stored for tax or accounting purposes, dispute resolution processes or preventing fraud or any other offense.
7.7.The personal data required for tax or accounting will be kept for five (5) years after the User refuses to use the Services.
7.8.In the event of a dispute, personal data will be stored until the fulfillment (satisfaction) of the requirements or until their termination.
7.9.In the event of suspicion of committing a criminal offense, including fraud, or in the event of provision of false information, personal data will be stored for ten years.
7.10.If the Personal Office has not been used within three (3) years, the Website Administration has the right to contact the User to confirm the activity of their personal account. In the absence of any response within five (5) calendar days, the Website Administration may terminate the account, and personal data will be deleted, provided that such data should not be stored for the purpose of accounting, dispute resolution or preventing fraud or other offenses.
8. CHANGES TO PRIVACY POLICY AND CURRENT LEGISLATION
8.1.The Website Administration has the right to unilaterally make any changes to the Privacy Policy. The current version and all previous versions of the Policy are available at: literary-tree.net.
8.2.The Policy provisions and the relations that are the subject of the Policy are governed by the laws of Ukraine, in particular, the Law “On Protection of Personal Data”, as well as the General Data Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data (General Data Protection Regulation).
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