Effective date 14/09/2019
1. General provisions.
Limited Liability Company “ZAKAZ UKRAINE” pursuant to Law of Ukraine "On Protection of Personal Data" (No.2297-VI dated 10/06/2010) publishes this Regulation on Personal Data Processing Conditions (hereinafter referred to as the "Regulation"), since this Regulation determines the procedure for collect-ing, using and disclosing the information you provide to ZAKAZ UKRAINE LLC using the Online platform at https://zakaz.ua or using a mobile application Zakaz.
Please read the Regulation carefully, since it contains the purposes and grounds for processing your personal data.
In this Regulation, references to "we", "us" and "our" shall mean the "ZAKAZ UKRAINE LLC", which can be identified based on the following information:
ZAKAZ UKRAINE Limited Liability Company
9/2 Klovskyi Uzviz St., apt. 70, Kyiv, 01021
To understand this Regulation better, please read the definitions of terms used therein, namely:
Owner of the Personal Data shall mean a legal entity, which determines the purpose of personal data pro-cessing, establishes the composition of such data, and procedures for pro-cessing it.
Personal Data Administrator is a legal entity to which the Owner of the Personal Data transferred the right to process this data on its behalf.
Online Platform shall mean the Website at https://zakaz.ua and mobile application Zakaz, us-ing which you order and ZAKAZ UKRAINE LLC renders the services, including involving subcontractors, partners.
Processing shall mean any action or series of actions, such as collection, registration, ac-cumulation, storage, adjustment, modification, update, use and dissemination (distribution, sale, transfer), anonymization, destruction of personal data, in-cluding using the Online Platform.
1.1. Special conditions for processing personal data
The Owner of your personal data is ZAKAZ UKRAINE LLC except in the cases provided for in this paragraph.
In case you submit your personal data for registration at novus.zakaz.ua or the Novus store in Zakaz mobile application, ZAKAZ UKRAINE LLC acts in the capacity of Personal Data Administrator as it processes the data you provide on behalf of Limited Liability Company “NOVUS UKRAINE” that is the Owner of such data.
In case you submit your personal data for registration at auchan.zakaz.ua or Auchan store in Zakaz mobile application, ZAKAZ UKRAINE LLC acts in the ca-pacity of Personal Data Administrator, as it processes the data you provide on behalf of Limited Liability Company “Auchan Ukraine Hypermarket” that is the owner of such data.
The terms of this Policy do not apply to the processing of your personal data in the case of registration at metro.zakaz.ua or at the Metro store in the Zakaz mobile application. In this case, the processing of your personal data is carried out in accordance with the Policy regarding the collection, processing and transfer of personal data of “METRO Cash & Carry Ukraine” Limited Liability Company.
1.2. Consent for data processing
By providing ZAKAZ UKRAINE LLC with your personal data through the elec-tronic forms placed on the Online Platform, you grant consent for such data processing in accordance with the terms of this Regulation and the purposes set out therein.
By registering on the Online Platform, you hereby acknowledge that you have read and agree to this Regulation.
2. PERSONAL DATA PROCESSED BY ZAKAZ UKRAINE LLC GROUNDS FOR SUCH PROCESSING
We start processing of your personal data only after you familiarize yourself with this Regulation and grant your consent to data processing. Personal data processing shall start once you press the "CONTINUE" (“sign up”) button when registering on the Online platform.
- mobile phone number;
- e-mail address;
- date of birth.
Grounds for processing
Personal data is required for creating your account on the Online platform, namely:
- you will receive SMS notifications to your mobile phone number to confirm signing up on the Online platform;
- Please also be informed that depending on the Online platform version you will be required to specify your e-mail address, since you will receive a sign up confirmation letter to your e-mail address containing your password. As a rule, when changing your password for signing in on the online platform you will not have to specify any data, however, depending on the Online platform version you can change our password by specifying your e-mail address, since confir-mation letter of such change will be sent to the e-mail address;
- we need information about your name, since you will be identified by your name, and we will be able to address your by your name both orally (during telephone conversation) and in correspondence (e-mail letters). Please note that you are not required to specify your full name (surname, given name and patronymic);
- at your discretion, you may specify your date of birth to confirm that you are of legal age to enter into civil-law agreements.
We further emphasize that by signing upon the Online platform you confirm that you have reached the age of legal capacity.
2.2. Placing an order
- order delivery address;
- mobile phone number;
-bank details and payment card details.
Grounds for processing:
- order delivery address. For the purpose of deliver your order, we need in-formation about the delivery address for such an order. Please note that the order delivery address does not have to match your registered place of resi-dence.
-we need to know your mobile phone number, since at the first order our company representative will call this number to clarify your order details. You may also specify a reserve mobile phone number to enable us to call you should the main mobile phone number be out of service;
- If you want to pay for your order using a plastic card, please specify the fol-lowing in a relevant field: card number, valid through date and CVV code. PLEASE NOTE that ZAKAZ UKRAINE LLC does not keep your plastic card de-tails, and such details are collected by a licensed payment operator (acquiring bank).
Upon payment operator's request, you may grant your consent to save your payment card details make the payment easier. In any case, ZAKAZ UKRAINE LLC does not keep such details.
2.3. COMMERCIAL NOTIFICATION (ADVERTASING AND INFORMATION NOTIFICATION)
- mobile phone number;
- e-mail address;
Grounds for processing:
- Personal data is required for sending commercial notifications, in particular by way of phone calls, which are an integral part of the process of using Online platform, as well as sending the commercial notifications of the "Zakaz Ukraine" LLC partners. In this case, you may refuse to receive and unsubscribe from commercial e-mails at receipt thereof, in turn, you can refuse text messages (SMS) by contacting the support [email protected] You admit that refusal to receive text notifications may affect your awareness of using of the services of Online platform.
3. SPECIAL CATEGORIES OF PERSONAL DATA.
3.1. ZAKAZ UKRAINE LLC does not process personal data related to race or ethnicity, political views, religious or philosophical beliefs, membership in trade unions. Furthermore, we do not process genetic and biometric data for your identification. ZAKAZ UKRAINE LLC does not process in any way your health-related data.
4. WHOM CAN WE TRANSFER YOUR PERSONAL DATA?
4.1. To ensure that obligations to render services are performed properly, ZAKAZ UKRAINE LLC must transfer your personal data to third parties, in par-ticular:
4.1.1. Our subcontractors, partners, which are legal entities and/or individual entrepreneurs collecting, packing and delivering your order. ZAKAZ UKRAINE LLC and such third parties have concluded agreements aiming at keeping your personal data confidential.
4.1.2. Our subcontractors rendering technical, payment and other warehouse services. Such subcontractors have no powers to use personal data for pur-poses not related to rendering services to you as an ultimate consumer. We have concluded agreement with such subcontractor aiming at keeping your personal data confidential.
4.1.3. Retail trade networks where you order delivery of goods via the Online platform.
4.1.4. Moreover, we cooperate closely with third parties, which can be your personal data receivers, such as our partner social media that are able to pro-vide you with communication services, for instance, connecting information in your account from their social media to our Online platform;
4.1.5. Personal data may be transferred to the founder (founders) (owners) of ZAKAZ UKRAINE LLC and/or other affiliated parties of ZAKAZ UKRAINE LLC.
4.1.6. We can provide information on your personal data subject to a substan-tiated and legal request from regulatory authorities and court instances (both domestic, foreign and international).
4.1.7. Furthermore, we can provide a seller of goods with anonymized infor-mation (data making it impossible to identify a certain client) in the form of reports on the sale of goods purchased through the Online platform, in order to facilitate the general quality and efficiency of services.
5. TECHNICAL AND ORGANISATIONAL MEANS OF PERSONAL DATA PROTECTION.
5.1. In order to prevent the unauthorized access to your personal data, as well as unlawful destruction, alteration, blocking, copying, dissemination and other unlawful actions in respect thereof by third parties, ZAKAZ UKRAINE LLC uses verified technical means of protecting the transfer and storage of such data.
5.2. In addition, we take a number of organizational measures to protect your personal data. For instance, we enter into non-disclosure agreements with all subcontractors and counterparties engaged for providing you with services.
5.3. ZAKAZ UKRAINE LLC observes the personal data minimization principle. We only process personal data, which we require for rendering services, and to processing of which you grant your consent.
6. RIGHTS OF A PERSONAL DATA SUBJECT
6.1. According to the legislation of Ukraine on personal data, you shall have the right:
6.1.1. to know sources of collection and location of your personal data, pur-pose of processing it, location or place of residence (location) of personal data owner or manager, or to instruct persona authorized by him/her to receive such information (subject to a written document confirming the powers of such a person), except for cases established by law;
6.1.2. to receive information about the conditions of access to personal data, in particular information about third parties, to which your personal data is provided;
6.1.3. to access your personal data;
6.1.4. to receive, no later than thirty days after a request is received, except for cases stipulated by law, a response concerning whether or not your per-sonal data is processed, as well as to receive the content of such personal da-ta;
6.1.5. to file a reasoned claim with the personal data manager objecting to your personal data processing;
6.1.6. to file a reasoned claim to alter or destruct your personal data by per-sonal data owner or manager, if such data is processed illegally or is untrue;
6.1.7. to protection of your personal data from illegal processing and acci-dental loss, destruction, damage due to concealment, failure to provide or late provision thereof, as well as to protection from provision of information, which is untrue or discredits honor, dignity and business reputation of an individual;
6.1.8. to file complaint with the Ukrainian Parliament Commissioner for Human Rights or court against processing of your personal data;
6.1.9. to enjoy remedies in case of violations of the legislation on personal da-ta protection;
6.1.10. to make stipulations as to the restriction of right to process your per-sonal data when granting consent;
6.1.11. to revoke your consent to your personal data processing;
6.1.12. to know the mechanism of automated personal data processing;
8.1.13. to protection from automated decision leading to legal consequences for you.
6.2. Please note that you can exercise the rights determined in sub-clauses 6.1.2., 6.1.4., 6.1.5., 6.1.6., 6.1.10., 6.1.11. and 6.1.12. of this Section by sending a request, letter, stipulation or another notification drafted in free format to the e-mail address [email protected] Please be aware that no anony-mous letters are considered. In order to prevent fraud practices, a repre-sentative of ZAKAZ UKRAINE LLC may require to provide your identification documents (scanned copies of such documents).
6.3. ZAKAZ UKRAINE LLC informs you that a competent authority on personal data protection in Ukraine is the Ukrainian Parliament Commissioner for Hu-man Rights, to whom you may apply should you believe that your rights in re-lations related to personal data processing have been violated.
7. ENTRY INTO FORCE AND PROCEDURE FOR AMENDING THIS REGU-LATION.
7.1. This Regulation shall enter into force once it is published on the Online platform.
7.2. ZAKAZ UKRAINE LLC may introduce any amendments and addenda to this Regulation unilaterally.
7.3. If you disagree with the any amendments to the terms and conditions of this Regulation, you must stop using the Online platform. Further use the plat-form after the introduction of amendments shall be mean as consent to the adopted amendments and/or addenda.