General Provisions
This policy of personal data processing is drawn up in accordance with the requirements of the Law of Ukraine dated June 01, 2010 No. 2297-VI “On Protection of Personal Data” (hereinafter – the Law on Personal Data) and determines the order of personal data processing and measures to ensure the security of personal data undertaken by Alexandra Yaremenko’s studio “Picart” (hereinafter – the Operator).
1.1. The Operator sets as its most important goal and condition of its activity the observance of human and citizen’s rights and freedoms in the processing of personal data, including the protection of the rights to privacy, personal and family secrecy.
1.2. This Operator’s policy regarding the processing of personal data (hereinafter – the Policy) applies to all information that the Operator may obtain about the visitors of the website https://picart.com.ua/.
- Basic concepts used in the Policy
2.1. Automated processing of personal data – processing of personal data with the help of computing equipment.
2.2. Blocking of personal data – temporary cessation of personal data processing (except for cases when processing is necessary to clarify personal data).
2.3. Website – a set of graphic and informational materials, as well as computer programs and databases, ensuring their availability on the Internet at the network address https://picart.com.ua/.
2.4. Personal data information system – a set of personal data contained in databases and information technologies and technical means ensuring their processing.
2.5. Personal data depersonalization – actions as a result of which it is impossible to determine, without using additional information, the belonging of personal data to a particular User or other subject of personal data.
2.6. Processing of personal data – any action (operation) or set of actions (operations) performed with or without the use of automation means with personal data, including collection, recording, systematization, accumulation, storage, clarification (update, change), extraction, use, transfer (distribution, provision, access), depersonalization, blocking, deletion, destruction of personal data.
2.7. Operator – a state authority, municipal authority, legal or natural person, independently or jointly with other persons organizing and (or) carrying out processing of personal data, as well as determining the purposes of personal data processing, composition of personal data subject to processing, actions (operations) performed with personal data.
2.8. Personal Data – any information relating directly or indirectly to a specific or identifiable User of the https://picart.com.ua/ website.
2.9. Personal data authorized by the subject of personal data for dissemination – personal data, access to which is provided by the subject of personal data to an unlimited number of persons by giving consent to the processing of personal data authorized by the subject of personal data for dissemination in the manner prescribed by the Law on Personal Data (hereinafter – personal data authorized for dissemination).
2.10. User – any visitor to the https://picart.com.ua/ website.
2.11. Provision of personal data – actions aimed at disclosure of personal data to a certain person or a certain circle of persons.
2.12. Dissemination of personal data – any actions aimed at disclosure of personal data to an indefinite number of persons (transfer of personal data) or familiarization of personal data to an unlimited number of persons, including disclosure of personal data in mass media, placement in information and telecommunication networks or providing access to personal data in any other way.
2.13. Cross-border transfer of personal data – transfer of personal data to the territory of a foreign country to a foreign government authority, a foreign individual or a foreign legal entity.
2.14. Destruction of personal data – any actions, as a result of which personal data are irretrievably destroyed with the impossibility of further recovery of the content of personal data in the information system of personal data and (or) material carriers of personal data are destroyed.
- Main rights and obligations of the Operator
3.1. The operator shall have the right to:
– to receive from the subject of personal data reliable information and/or documents containing personal data;
– in case the personal data subject revokes his/her consent to personal data processing, the Operator has the right to continue processing personal data without the consent of the personal data subject if there are grounds specified in the Personal Data Law;
– independently determine the composition and the list of measures necessary and sufficient to ensure the fulfillment of obligations stipulated by the Law on personal data and regulatory legal acts adopted in accordance with it, unless otherwise provided by the Law on personal data or other laws.
3.2. The operator is obligated to:
– provide the personal data subject, upon his/her request, with information regarding the processing of his/her personal data;
– to organize the processing of personal data in accordance with the procedure established by the current legislation of Ukraine;
– respond to appeals and requests of personal data subjects and their legal representatives in accordance with the requirements of the Law on personal data;
– to report to the authorized body for the protection of the rights of personal data subjects, upon request of this body, the necessary information within 30 days from the date of receipt of such request;
– publish or otherwise provide unrestricted access to this Personal Data Processing Policy;
– to take legal, organizational and technical measures to protect personal data from unlawful or accidental access to them, destruction, modification, blocking, copying, provision, dissemination of personal data, as well as from other unlawful actions in relation to personal data;
– cease transfer (dissemination, provision, access) of personal data, stop processing and destroy personal data in the manner and cases stipulated by the Personal Data Law;
– to fulfill other obligations stipulated by the Personal Data Law.
- Basic rights and obligations of personal data subjects
4.1. Personal data subjects have the right to:
– to receive information regarding the processing of his/her personal data, except in cases provided for by the laws. Information shall be provided to the subject of personal data by the Operator in an accessible form and shall not contain personal data relating to other subjects of personal data, except where there are legitimate grounds for disclosure of such personal data. The list of information and the procedure for obtaining it is established by the Law on Personal Data;
– to demand from the operator to clarify his personal data, block or destroy them if the personal data are incomplete, outdated, inaccurate, illegally obtained or are not necessary for the stated purpose of processing, as well as to take measures provided for by law to protect his rights;
– impose a condition of prior consent when processing personal data for the purpose of marketing goods, works and services;
– to withdraw consent to the processing of personal data;
– to appeal to the authorized body for the protection of the rights of personal data subjects or in court against unlawful acts or omissions of the Operator in the processing of his/her personal data;
– to exercise other rights provided for by the legislation of Ukraine.
4.2. Personal data subjects are obliged to:
– provide the Operator with true data about himself/herself;
– to inform the Operator about the clarification (update, change) of his/her personal data.
4.3. Persons who have passed to the Operator false information about themselves or information about another subject of personal data without the consent of the latter shall be liable in accordance with the legislation of Ukraine.
- The Operator may process the following personal data of the User
5.1. Last name, first name, middle name.
5.2. Email.
5.3. Phone numbers.
5.4. The site also collects and processes anonymized visitor data (including cookies) using Internet statistics services (Google Analytics and others).
5.5. The aforementioned data are hereinafter in the text of the Policy united by the general term Personal Data.
5.6. The Operator does not process special categories of personal data concerning race, nationality, political opinions, religious or philosophical beliefs, intimate life.
5.7. Processing of personal data authorized for dissemination, from among the special categories of personal data specified in part 1 of Art. 10 of the Law on personal data is allowed, if the prohibitions and conditions stipulated in Art. 10.1 of the Personal Data Law.
5.8. The User’s consent to the processing of personal data authorized for dissemination is executed separately from other consents to the processing of his/her personal data. The conditions stipulated, in particular, by Art. 10.1 of the Personal Data Law. The requirements for the content of such consent shall be established by the authorized body for the protection of the rights of personal data subjects.
5.8.1 Consent to the processing of personal data authorized for dissemination is provided by the User directly to the Operator.
5.8.2 The Operator is obliged to publish information about the conditions of processing, prohibitions and conditions for processing by an unlimited number of persons of personal data authorized for dissemination within three working days from the receipt of the said consent of the User.
5.8.3 The transfer (dissemination, provision, access) of personal data authorized by the subject of personal data for dissemination shall be terminated at any time at the request of the subject of personal data. This requirement shall include the surname, first name, patronymic (if available), contact information (telephone number, e-mail address or postal address) of the personal data subject, as well as a list of personal data whose processing is subject to termination. The personal data specified in this request may only be processed by the Operator to whom it is addressed.
5.8.4 Consent to the processing of personal data authorized for dissemination shall terminate upon receipt by the Operator of the request specified in clause 5.8.3 of this Policy on Personal Data Processing.
- Principles of personal data processing
6.1. The processing of personal data is carried out on a lawful and fair basis.
6.2. The processing of personal data is limited to the achievement of specific, predetermined and legitimate purposes. Processing of personal data incompatible with the purposes of personal data collection is not allowed.
6.3. It is not allowed to merge databases containing personal data processed for incompatible purposes.
6.4. Only personal data that meet the purposes for which they are processed shall be processed.
6.5. The content and scope of processed personal data correspond to the stated purposes of processing. The personal data processed may not be redundant in relation to the stated purposes of their processing.
6.6. When processing personal data, the accuracy of personal data, their sufficiency and, where necessary, relevance in relation to the purposes of personal data processing are ensured. The Operator shall take the necessary measures and/or ensure that they are taken to remove or clarify incomplete or inaccurate data.
6.7. Personal data shall be stored in a form that allows identification of the subject of personal data for no longer than required for the purposes of personal data processing, unless the period of personal data storage is established by law, contract to which the subject of personal data is a party, beneficiary or guarantor. Processed personal data shall be destroyed or anonymized when the purposes of processing have been achieved or when it is no longer necessary to achieve these purposes, unless otherwise provided by law.
- Purposes of personal data processing
7.1. Purpose of processing the User’s personal data:
– informing the User by sending e-mails;
– providing the User with access to the services, information and/or materials contained on the website https://picart.com.ua/;
– communication with the User.
– If a visitor leaves a comment on the site, we collect the data specified in the comment form, as well as the visitor’s IP address and browser user-agent data for the purpose of spam detection.
– An anonymized string created from your email address (“hash”) may be shared with the Gravatar service to determine if you are using it. Gravatar’s privacy policy is available here: automattic.com/privacy/. Once your comment is approved, your profile picture will be visible publicly in the context of your comment.
7.2. Also, the Operator has the right to send the User notifications about new products and services, special offers and various events. The User can always opt out of receiving informational messages by sending a letter to the Operator to the e-mail address picart.com.ua@gmail.com with the note “Opt-out of notifications about new products and services and special offers”.
7.3. The anonymized data of Users collected through Internet statistics services are used to collect information about Users’ actions on the website, to improve the quality of the website and its content.
- Legal basis for personal data processing
8.1. The legal grounds for processing of personal data by the Operator are:
– list the legal acts regulating the relations related to your activity, for example, if your activity is related to information technologies, in particular, to the creation of websites, you can specify the Law of Ukraine dated June 01, 2010 № 2297-VI “On Protection of Personal Data”;
– statutory documents of the Operator;
– contracts concluded between the operator and the subject of personal data;
-laws, other regulatory legal acts in the field of personal data protection;
– Users’ consent to the processing of their personal data, to the processing of personal data authorized for dissemination.
8.2. The Operator processes the User’s personal data only if it is filled in and/or sent by the User himself/herself through special forms located on the website https://picart.com.ua/ or sent to the Operator by e-mail. By filling in the relevant forms and/or sending their personal data to the Operator, the User expresses their consent to this Policy.
8.3. The Operator processes anonymized data about the User if it is allowed in the User’s browser settings (cookies and JavaScript technology enabled).
8.4. The subject of personal data independently decides on the provision of his/her personal data and gives consent freely, of his/her own free will and in his/her own interest.
- Conditions of personal data processing
9.1. Personal data processing is carried out with the consent of the personal data subject to the processing of his/her personal data.
9.2. Processing of personal data is necessary to achieve the purposes provided for by the international treaty of Ukraine or by law, to fulfill the functions, powers and duties assigned by the legislation of Ukraine to the operator.
9.3. Processing of personal data is necessary for the implementation of justice, execution of a judicial act, act of another body or official subject to execution in accordance with the legislation of Ukraine on enforcement proceedings.
9.4. The processing of personal data is necessary for the execution of a contract to which the personal data subject is a party or a beneficiary or guarantor, as well as for the conclusion of a contract at the initiative of the personal data subject or a contract under which the personal data subject will be a beneficiary or guarantor.
9.5. The processing of personal data is necessary for the exercise of the rights and legitimate interests of the operator or third parties or for the achievement of socially important purposes, provided that the rights and freedoms of the personal data subject are not violated.
9.6. Processing of personal data is carried out where access to which is granted by the personal data subject or at his/her request (hereinafter referred to as publicly available personal data).
9.7. Processing of personal data subject to publication or mandatory disclosure in accordance with the law is carried out.
- Procedure for collection, storage, transfer and other types of personal data processing
The security of personal data processed by the Operator is ensured by implementing legal, organizational and technical measures necessary for full compliance with the requirements of the applicable legislation in the field of personal data protection.
10.1. The Operator ensures the safety of personal data and takes all possible measures to exclude access to personal data by unauthorized persons.
10.2. The User’s personal data will never, under no circumstances, be transferred to third parties, except in cases related to the execution of the current legislation or if the subject of personal data has given consent to the Operator to transfer the data to a third party for the fulfillment of obligations under a civil law contract.
10.3. In case of identifying inaccuracies in personal data, the User may update them independently by sending a notice to the Operator to the Operator’s e-mail address picart.com.ua@gmail.com with the note “Personal Data Update”.
10.4. The period of personal data processing is determined by the achievement of the purposes for which the personal data were collected, unless another period is stipulated by the contract or applicable law.
The User may withdraw his/her consent to the processing of personal data at any time by sending a notice to the Operator by e-mail to the Operator’s e-mail address picart.com.ua@gmail.com marked “Withdrawal of consent to the processing of personal data”.
10.5. All information that is collected by third-party services, including payment systems, communications and other service providers, is stored and processed by these parties (Operators) in accordance with their User Agreement and Privacy Policy. The Personal Data Subject and/or User is obliged to familiarize himself/herself with the said documents in a timely manner. The Operator shall not be liable for the actions of third parties, including the service providers mentioned in this clause.
10.6. The prohibitions established by the personal data subject on the transfer (except for granting access), as well as on the processing or conditions of processing (except for obtaining access) of personal data authorized for dissemination shall not apply in cases of processing personal data in the state, public and other public interests defined by the legislation of Ukraine.
10.7. When processing personal data, the Operator shall ensure confidentiality of personal data.
10.8. The Operator shall store personal data in a form that allows to identify the subject of personal data for no longer than required by the purposes of personal data processing, unless the period of personal data storage is established by law, contract to which the subject of personal data is a party, beneficiary or guarantor.
10.9. The condition for termination of personal data processing may be the achievement of the purposes of personal data processing, expiration of the personal data subject’s consent or withdrawal of consent by the personal data subject, as well as detection of unlawful processing of personal data.
- List of actions performed by the Operator with the received personal data
11.1. The Operator shall collect, record, systematize, accumulate, store, clarify (update, change), extract, use, transfer (disseminate, provide, access), depersonalize, block, delete and destroy personal data.
11.2. The Operator carries out automated processing of personal data with or without receiving and/or transmitting the received information via information and telecommunication networks.
- Cross-border transfer of personal data
12.1. Prior to transborder transfer of personal data, the operator is obliged to make sure that the foreign state, to the territory of which the transfer of personal data is supposed to be carried out, provides reliable protection of the rights of personal data subjects.
12.2. Trans-border transfer of personal data to the territories of foreign states that do not meet the above requirements may be carried out only if the personal data subject consents in writing to the trans-border transfer of his/her personal data and/or fulfillment of an agreement to which the personal data subject is a party.
- Confidentiality of personal data
The operator and other persons who have access to personal data are obliged not to disclose to third parties and not to disseminate personal data without the consent of the subject of personal data, unless otherwise provided by law.
- Final provisions
14.1. The User may obtain any clarifications on the issues of interest regarding the processing of his/her personal data by contacting the Operator via e-mail at picart.com.ua@gmail.com.
14.2. This document will reflect any changes to the Operator’s personal data processing policy. The policy is in effect indefinitely until it is replaced by a new version.
14.3. The current version of the Policy is freely available on the Internet at https://picart.com.ua/privacy-policy/.
