AGREEMENT ON PROTECTION OF PERSONAL DATA AND CONFIDENTIALITY OF INFORMATION
This Agreement on the protection of personal data and confidentiality of information (hereinafter - the Agreement) was developed by the Limited Liability Company "Physicians Online", EDRPOU code 44753976, its affiliates and/or licensees (hereinafter - the Administration) in accordance with the current legislation of Ukraine, establishes the procedure for receiving, collecting , accumulation, storage, processing, use, ensuring the protection of data and information that are personal data, trade secrets or confidential information about the User, i.e. either defined by the User as personal/confidential, or subject to the corresponding definition according to the legislation of Ukraine (hereinafter collectively - Data).
This agreement does not create any agency, partnership or employment relationship between the parties, and is not a sales contract.
By using the website, the user confirms that he has read and agrees to the terms of this agreement and the terms of the user agreement (https://likarionline.com/) if the user does not agree with the terms of this agreement, with the terms of the user agreement (in whole or in part), the user is prohibited from using the website.
Continued use of the website indicates the user's acceptance and adherence to this agreement in its entirety and confirms his agreement to the following terms.
1. Terms and definitions
2. The introductory part
3. Scope of the agreement
4. Rights and obligations of the user
5. The data being processed
6. Requirements for data provided by the user
7. Non-disclosure of data
8. Data security
9. Procedure for collection, processing, storage, right of access, making changes and objections
10. Access to data and the right to choose
11. Validity of the agreement
- TERMS AND DEFINITIONS
1.1. The owner of personal data is a natural or legal person who determines the purpose of processing personal data, establishes the composition of this data and the procedures for its processing, unless otherwise established by the legislation of Ukraine. In the sense of this Agreement, the Owner of personal data is the Administration and/or Partners.
1.2. The personal data base is a named set of ordered Personal data in electronic form and/or in the form of a Personal data file. The Administration is the Owner of its own personal data base "Personal data base "Users".
1.3. Web beacons are graphic image files embedded in a web page that are typically used to monitor the activity of Users on the Website in order to improve the quality of the services offered on the Website. The Administration uses these Web beacons directly or through service providers as part of online advertising on the Website or on third-party sites to (i) find out whether the User who saw the online advertisement makes a reservation; (ii) track conversion on Partners' sites; (iii) analyze the features of the User's traffic.
1.4. A website is a collection of data, electronic (digital) information, other objects of copyright and/or related rights, etc., interconnected and structured within the website address and/or account of the Administration as the owner of the website , which are accessed via the Internet address. The website includes the source code, text content, images, design, external (front-end) and internal (back-end) functionality, as well as any objects of copyright that make up the Internet portal and ensure its functioning under domain name (https://likarionline.com/), including its mobile versions, applications and other applications/software. The purpose of the Website is to operate the "Doctors Online" Marketplace [as this term is defined below];
1.5. Data is a set of Confidential Information and Personal Data of Users, which are voluntarily provided to the Administration and/or Partners, and/or Partners through the Administration in the process of using the Website through registration by the relevant User on the Website, as a result of filling out the Product order forms, with the User's Consent (services) or by registering on the Website through your profile in social networks. Authorization of the User is carried out at his request and is not mandatory.
1.6. User consent - any voluntary, specific, informed and unequivocal manifestation of the User's will, made by filing a statement or showing clear affirmative actions to confirm consent (permission) to the Administration's Processing of his Data and/or any other information, in accordance with the specified purpose Processing The consent of the user (subject of personal data) is given by pressing the virtual button "I agree".
1.7. Info-block – a separate surface on the Website, intended for distribution by Partners of Information Materials and any other information, carrying out activities in the field of electronic and non-electronic commerce using the Website as a Marketplace.
1.8. Information materials are information about products (services), reference information about pharmacies and/or pharmacy chains of Ukraine, hospitals, doctors and other medical institutions, advertising materials and any other shared information/images on the Website (news, reference materials, links, tools, programs, sponsored materials, forums, maps, service information).
1.9. Information about products (services) – necessary, accessible, true and timely information about products, which provides the User with the possibility of his conscious and informed choice, namely: name, availability, price and balance in quantitative terms of products, recommendations for the use of Products for the Consumer, etc. , which is provided within the limits of Art. 15 of the Law "On the Protection of Consumer Rights".
1.10. Confidential information - information about a natural person, as well as information to which access is limited to a natural or legal person, except for subjects of authority. Confidential information may be disseminated at the request (consent) of the relevant person in the order determined by him, in accordance with the conditions stipulated by him, as well as in other cases determined by the legislation of Ukraine.
1.11. User is a legal entity or an individual who is officially registered on the Website and has his own User Account or a person who has visited the Website at least once. In the process of using the Website, the User acquires the status of a Subject of personal data and a Consumer.
1.12. Marketplace – information exchange between Partners and Users, which is carried out using a specialized Website with separate Info-blocks for providing information services. The purpose of the creation and operation of the "Doctors Online" Marketplace is to provide the User with the opportunity to receive remote (via the Internet) access to Information Materials, remotely (via the Internet) to form an electronic message about their possible intention to purchase Products from the Partner. Informational materials are distributed by an unlimited circle of Partners on Info-blocks;
1.13. Processing - means any operation or series of operations with personal and/or non-personal information or sets of personal data with or without the use of automated means, such as: collection, registration, processing, organization, structuring, storage, adaptation or modification, search, viewing, use, disclosure through transmission, distribution or otherwise providing, arrangement or combination, restriction, erasure or destruction carried out by the Administration and/or Partners.
1.14. User account – a section of the Website that contains registration information entered by the User on the Website. This section includes confidential information and personal data of the User, by entering which the User consents to their receipt, processing, transfer and storage by the Administration and/or Partners.
1.15. Partners - any affiliated persons, natural or legal persons related to the Administration by contractual relations, in particular, licensees and all other persons who are granted the right of limited access to the Website through Info-blocks for the purpose of distributing and providing information about services and /or Products of Partners (including Information materials and messages published on their behalf or in their interests), as well as receiving applications for booking or ordering Products from Users. The Partner may be the owner of one or more Info-blocks on the Website.
1.16. Personal data - any information relating to an identified or identifiable natural person. Identification of a natural person is carried out directly or indirectly, in particular, by such identifiers as: name, e-mail address, phone number, identification number, location data, online identifier, or by one or more factors that are determining for physical, physiological , genetic, mental, economic, cultural or social essence of such a natural person.
1.17. Products - any products (goods), works or services manufactured, performed or provided by Partners for the needs of Users, information about which is distributed using the Website as a Marketplace.
1.18. Consumer and or legal entity - a natural person who purchases, orders, uses or intends to purchase or order Products using the Website as a Marketplace for personal needs not directly related to business activities or the performance of the duties of an employee;
1.19. Cookie – a piece of data generated by the Site and saved on the User's computer (browser) in the form of one or more files. Other terms are used in this Agreement in accordance with the definitions contained in the legislation of Ukraine.
2.1. This Agreement is a contract of accession in accordance with the provisions of Article 634 of the Civil Code of Ukraine. The User's use of the Website in any way indicates the User's adherence to this Agreement in full and confirms the fact of the User's consent to the terms and conditions specified in this Agreement.
2.2. In case of approval/adherence to this Agreement, the User confirms that he is fully and completely familiar with and agrees with its terms, as well as, if the User is a natural person, that he gives permission for the Processing of his Data for the purpose and in the manner provided for by the terms of this agreements
2.3. If the User does not agree to be bound by the terms of this Agreement, the USER MUST IMMEDIATELY TERMINATE ANY USE OF THE WEBSITE.
2.4. The User acknowledges that the Administration may from time to time change, modify, supplement or delete or otherwise update this Agreement at its discretion without notifying the User.
2.5. The website contains a wide range of functionality for Users, the main ones of which are obtaining Information materials, searching and booking Products (services) in medical institutions and institutions, in pharmacies (pharmacy chains) according to the electronic catalogs of Partners, which are distributed in real time and is available to Users through the Website as a Marketplace.
2.6. If the User does not agree with any changes or has decided to withdraw from the User Agreement, from this Agreement or wants his Data to be deleted, the User can delete his User Account or contact the Administration with a corresponding application in the manner specified in section 9 of this Agreement.
2.7. Withdrawal of the User's Consent by the User does not affect the legality of the Processing that was based on the User's Consent prior to such withdrawal.
2.8. This Agreement is mandatory for application by the responsible person, employees of the Administration and Partners who directly carry out the Processing and/or have access to the Data in connection with the performance of their official duties and/or contractual obligations to observe the confidentiality of the information received from Data Administration.
- SCOPE OF THE AGREEMENT
3.1. This Agreement applies to the Website, including its mobile versions, applications and other applications/software, including but not limited to: IOS, Android, Windows Mobile; systems for collecting website visit statistics (bigmir.net, Google Analytics, etc.); social plugins (blocks) of social networks (Facebook, etc.); banner display systems (AdRiver, DoubleClick, etc.), etc.
3.2. The Administration may transfer Data collected in accordance with this Agreement to Partners between relevant Websites and Applications owned or managed by the Administration, however, Data collected in accordance with the User Agreement and this Agreement is always protected in accordance with the provisions of this Agreement and the law of Ukraine. At the same time, the Partners bear independent responsibility for compliance with the legal requirements of Processing and/or Processing and/or use of Data.
3.3. The User confirms that he fully understands the purpose of the Website as a Marketplace and the purpose of Processing its Data. By receiving information about products, the User acquires the status of a consumer and gives consent to receive remote access to information about products within the meaning of Art. 15 of the Law of Ukraine "On Protection of Consumer Rights". The Partner is responsible for placing Information about products.
3.4. Processing and/or Processing and/or use of Data may be carried out by the Administration and Partners for the purpose of: (i) fulfillment of contractual obligations; (ii) payment processing, settlement transactions, reporting, accounting and management accounting (if any); (iii) providing or offering goods or services to the User by the Administration or Partners; (iv) creation and implementation of bonus programs, promotions, raffles, etc. (if any); (v) sending the User commercial offers and any information by mail, e-mail, telephone, through mobile applications and social networks that allow making calls and sending text messages; (vi) providing remote access to Information materials, advertising and other information; (vii) provision of online services (services) of the Website; (viii) posting information (information, data, feedback, comments, etc.) of the User on the Website; (ix) formation of the Personal Data Base; (x) improving/simplifying the Website.
- RIGHTS AND OBLIGATIONS OF THE USER
4.1. User rights:
4.1.1 The right to object. The User has the right to object to the Processing of his Data at any time. The Administration will stop Data processing after the objection is submitted in the form of a corresponding application in the manner specified in section 9 of this Agreement. Data processing will be stopped from the moment of actual receipt of the objection by the Administration.
4.1.2 Right of Withdrawal. The User may at any time withdraw the User's Consent by submitting a corresponding application to the Administration in the manner specified in Section 9 of this Agreement. The statement with the withdrawal of the User's Consent becomes effective from the date of its actual receipt by the Administration.
4.1.3 The right to correct Data. The User has the right to demand from the Administration the immediate correction of any Data concerning him, if these Data do not correspond to reality, or to correct them independently through the User's personal account. In view of the purpose of the Processing, the User has the right to supplement his Data, in particular, by submitting a corresponding application in the manner specified in Section 9 of this Agreement.
4.1.4 Right to deletion of Data ("right to be forgotten"). The User has the right to delete his Data. The Administration deletes the Data without undue delay, if there is at least one of the following grounds: (a) the Data is no longer needed for the purposes for which it was collected or otherwise Processed; (b) User withdraws his User Consent; (c) the User objects to the Processing of his Data; (d) Data were illegally processed; (e) Data must be deleted to fulfill a legal obligation in accordance with the applicable legislation of Ukraine.
4.1.5 The right to transfer Data. The User has the right to receive his Data, which he has provided to the Administration, in a structured, generally accepted form that is easily readable by a machine and has the right to transfer such Data to third parties (in particular, other owners and managers of personal data) without interference from the Administration.
4.1.6 Right to information and complaints. The User has the right to request any information about his Data processed by the Administration. The user has the right to submit complaints to the competent authorities.
4.2. Responsibilities of the User:
4.2.1 The User has the right to use the Website only within the limits of those rights and in the ways established by this Agreement and the User Agreement.
4.2.2 Use of the User Account on the Website may be carried out exclusively and personally by the User. One natural person – the User – can have only one User Account.
4.2.3 The User undertakes to provide the Administration with only reliable Data and to notify the Administration of their change.
- DATA THAT IS PROCESSED
5.1. The Administration and/or Partners process the following User Data:
5.1.1 Personal (personal) data, that is, information that can be used to identify the User, and/or
5.1.2. data provided by the User both when filling out registration forms on the Website and in the process of using the Website (cookie files; IP addresses; parameters and settings of Internet browsers, etc.), and/or
5.1.3 non-personal (non-personal) data, that is, information that is not used to identify the User, and/or
5.1.4 Confidential Information.
5.2. During the registration procedure in order to gain access to the User Account, the User provides the Administration with the necessary Data, in particular, but not exclusively: personal identification number, email address and/or phone number, login and password or other available data obtained in the case of authorization using social networks Data can be updated and supplemented by the User using the User Account settings. The User is not obliged to post or upload any Data and/or information, however, their absence may prevent effective interaction between the User and the Administration/Partners/third parties.
5.3. By providing or posting any Data, as well as performing other actions in the User's Account, the User provides the User's Consent to the Processing of this Data in the sense and manner determined by this Agreement and the current legislation of Ukraine.
5.4. Although the Administration may from time to time monitor or review the discussions, chats, reviews, posts and messages that are distributed on the Website, the Administration does not assume any responsibility and is not responsible (i) for the content of any what messages/feedbacks; (ii) for any error, defamation, defamation, omission, falsification, advertising material, obscenity, libel, disclosure of private/confidential/commercial information, or (iii) for inaccuracy, inaccuracy or out-of-date information (for example, regarding Information materials distributed by Partners using the Website as a Marketplace); (iv) for violation of the legislation of Ukraine, implementation in the process of Processing and creation of Databases, the owners of which are third parties/Partners, etc.
5.5. The user is prohibited from posting or transmitting any illegal, advertising, threatening, defamatory, defamatory, obscene, scandalous, inflammatory, pornographic or offensive materials or other materials that may constitute or encourage behavior that may be considered a violation of the laws of Ukraine, honor, dignity and business reputation of other persons.
5.6. Users and Partners are personally responsible for any Information materials they post on the Website, communicate to other Users, as well as for any interaction with other Users, which should be carried out at their own risk. The Administration is NOT RESPONSIBLE for the damage caused or suffered by the User or third parties as a result of misunderstanding or misunderstanding of the terms of this Agreement, the User Agreement and other technical issues.
5.7. When the User posts any comments on the Website or its forum, by default such comment will be displayed under the User's name. The user independently adjusts and uploads additional information to display it on the Website. The information published by the User on the Website and/or forum or Info block is public information and may be used by the Administration, Partners and third parties.
5.8. While using the Website, Users may be shown advertising, sponsorship and other informational materials. On the Website, it is possible to conduct surveys on behalf of the Administration/Partners or third parties and evaluate the effectiveness of advertising or other informational materials for the purpose of compiling Statistics.
5.9. The Administration collects non-personal (non-personal) information about the User's use of the Website and applications, using cookies and Web beacons, which are used to: (i) track the use of content from the Website; (ii) assistance to the Administration in providing Users with targeted advertising; (iii) analysis of Products offered to Users; (iv) tracking the statistics of viewing e-mails of the Administration and Partners.
5.10. The processing of Personal Data on racial or ethnic origin, political, religious or ideological beliefs, membership in political parties and trade unions, as well as data related to health or sexual life (special categories of data) is prohibited.
- USER PROVIDED DATA REQUIREMENTS
6.1. When using this Website, the User agrees to provide only valid Data and to keep it up-to-date.
6.2. In the event that the User provides inaccurate Data or the User violates the terms of this Agreement or the User Agreement, the Administration reserves the right to suspend or terminate the provision of access services to the Website to the User.
6.3. With the exception of Personal Data, the list of which is defined by this Agreement and the current legislation of Ukraine, all other messages and materials transmitted by the User through the Website by e-mail or otherwise are not personal, confidential or official and will not be perceived as such.
6.4. This Agreement does not apply to information about the company, ideas, concepts, requests, orders that the User sends to the Administration or its Partners by e-mail or other messages without using the Website.
6.5. The Administration may collect additional information about Users from third-party information sources, in order to improve the services and Information Materials of the Website.
6.6. The Website is constantly being improved. The administration often implements new functions that may require the collection of Data. If the Administration begins to collect fundamentally different Data or significantly changes the methods of Data Processing, Users will be notified of this by making changes to the current version of this Agreement and the User Agreement.
6.8. The User must not publish and/or indicate in the User's Account Data that he considers intended for a limited circle of persons.
- NON-DISCLOSURE OF DATA
7.1. The Administration will not sell, share or otherwise distribute the Data to third parties, except as provided in this Agreement. Data may be transferred by the Administration to third parties without additional notification of the User about such transfer of Data (for example, Data may be transferred to Partners), for further Processing exclusively for the purpose for which the Data was collected. Disclosure of Data to Partners occurs when the User orders/reserves Products/services on the Website as a Marketplace, but only to the extent necessary to identify the User and his order.
7.2. The data received from the User may also be transferred to a third party, without additional notification of the User about such transfer, to the extent permitted by the current legislation of Ukraine, in the event that the Website or its part is alienated, transferred in any way (for example, by providing full or limited access to Info-blocks or other parts of the Website) to third parties in the manner determined by the current legislation of Ukraine. In this case, from the moment of such alienation/transfer/granting of access, etc., the rights and obligations specified in this Agreement are transferred to the successors on the basis of the relevant agreement. In addition, the Data may be transferred to a third party without additional notification of the User about such transfer in accordance with the requirements of the current legislation of Ukraine, a court decision or an act of a subject of authority.
7.3. The Administration will try to notify the Users of the duly declared requirements for the disclosure of their Data. The Administration may challenge such requests if it considers that the requests received are excessively broad, unclear or made in violation of the authority of the respective provider. However, the Administration does not undertake any obligations regarding such an appeal.
7.4. Access to Personal Data will not be granted to third parties who refuse or are unable to undertake obligations to ensure compliance with the requirements of Ukrainian legislation in the field of Personal Data protection. Denial of access to personal data is also allowed if access to them is prohibited according to the legislation of Ukraine.
7.5. This Agreement does not regulate and the Administration is not responsible for the Processing and disclosure of Personal Data and any other information to third parties who are not owned or controlled by the Administration, natural persons who are not employees of the Administration and Partners, even if the User has gained access to their sites, advertising materials, Products, Product Information, through the Website. The Administration is not responsible for the content of sites linked to on the Website.
7.6. Sufficient notification of the User about entering his Personal Data into the User Database and the Processing of his Personal Data will be the provision of the User's Consent.
- DATA SECURITY
8.1. The Administration as the Owner of the Personal Data Base is equipped with system and software and communication tools that prevent loss, theft, unauthorized destruction, distortion, forgery, copying of information and meet the requirements of international and national standards. The responsible person organizes the work related to the protection of personal data during their processing, in accordance with the law. When working with Data, the Administration takes measures designed to protect information from loss, misuse, unauthorized access, disclosure, alteration or destruction.
8.2. The responsible person is appointed by order of the Administration. The duties of the responsible person regarding the organization of work related to the protection of personal data during their processing are specified in the job description.
8.3. The Administration uses Data protection methods to identify registered Users. Reliable verification of the User's identity is called authentication. Administration uses Users' login and password for their authentication.
8.4. The parties understand that the Internet has no centralized management, rules of use or access, and electronic messages may be garbled, not always delivered promptly (or not delivered at all), and that other methods of communication may be more reliable. In addition, there is a possibility of contamination of electronic information with viruses that exist on the Internet. The Administration cannot confirm or guarantee that any of the files downloaded from the Website or from any other website are free of errors, viruses or other harmful programs. By using the Website, the User agrees to assume the risks associated with downloading files and using information. The User also confirms that he has been informed about what measures should be taken to protect his computer and files from deletion, damage and other errors. If the User has any questions regarding the measures to protect his computer, the User can contact the User Support Service by e-mail: email@example.com
8.5. The User acknowledges that, if the User neglects the security and protection of Data, third parties may gain unauthorized access to them. The administration is not responsible for damages caused by such access.
8.6. Employees who directly process and/or have access to Personal data in connection with the performance of their official (labor) duties are obliged to comply with the requirements of the legislation of Ukraine in the field of personal data protection and internal documents of the Administration regarding the processing and protection of Personal data data in Personal Data Bases. Employees who have access to Personal data, in particular, carry out their Processing, are obliged not to allow the disclosure in any way of Personal data entrusted to them or which became known to them in connection with the performance of professional or official or labor duties of the Such an obligation is valid after they stop their activities related to Personal Data, except for cases established by the legislation of Ukraine.
8.7. Persons who have access to Personal data, in particular, carry out their processing, in case of violation of the requirements of the Law of Ukraine "On the Protection of Personal Data" are responsible in accordance with the legislation of Ukraine.
8.8. The Administration constantly monitors the measures taken to ensure Data security.
- PROCEDURE FOR COLLECTION, PROCESSING, STORAGE, ACCESS RIGHTS, CHANGES AND OBJECTIONS
9.1. By registering or using the Website, the User agrees to receive communications from the Administration/Partners/third parties. The Administration and Partners may use the User's registration information to send him messages with Product Information. Other ways of using the Data depend on the User's wishes and how he uses the Website.
9.2. The information transmitted or posted by the User may be used, in particular, but not exclusively, for the purpose of Processing, reproduction, disclosure, transmission, publication, broadcast and posting on the Internet.
9.3. The Administration uses the Data to ensure security, prevent fraud and conduct investigations. The Administration uses Data (in particular, messages) to ensure security or investigate potential fraud/other violations of the User Agreement or this Agreement and/or attempts to harm Users and Website Partners.
9.4. Processing of personal data is carried out in full or in part in electronic form using means of the information (automated) system.
9.5. The user has the opportunity to manage cookie files, to refuse the collection of cookies in the browser settings, as well as by other means. If the User chooses to reject cookies, his access and use of the Website may be limited.
9.6. The Data storage term is unlimited, unless otherwise provided separately by this Agreement or the current legislation of Ukraine. Data processing is carried out in data centers where the equipment that ensures the functioning of the Website is located. Data processing is carried out on equipment located in premises with limited access.
9.7. In the process of Data Processing, the Administration takes all measures to ensure the accuracy and relevance of the Data for the purposes for which they were collected. The Administration gives the User the opportunity to withdraw his User Consent, object to the Processing or exercise other rights granted to him by this Agreement and the current legislation of Ukraine.
9.8. If the User expresses a desire to contact the Administration regarding the use, deletion or clarification of his Data or objection to the Processing of his Data, he must send a letter (i) to the e-mail address of the Administration specified in clause 9.10 of this Agreement or (ii) to the address of the Administration by its location (collectively referred to as Request). In the Request, the User must specify exactly what information he requests to be corrected, updated or deleted.
9.9. The term of consideration of the Request for its satisfaction may not exceed ten working days from the date of its receipt. During this period, the Administration notifies the User that the Request will be granted or that the Request will be refused, indicating the reasonable grounds specified in the relevant regulatory act. The deadline for satisfying the Request cannot exceed thirty calendar days from the date of its receipt, unless otherwise provided by the legislation of Ukraine.
9.10. If the User has any questions or complaints regarding compliance with this Agreement or the User Agreement, or the User wants to provide any recommendations or comments to improve the quality of the Website, the User should contact the User Support Service by e-mail: firstname.lastname@example.org.
9.11. All personal data bases belonging to the Administration are located in data centers or at the address of the Administration.
- DATA ACCESS AND CHOICE
10.1. User may update their registration information at any time through the account management feature available on the Website.
10.2. If the User no longer wishes to receive a certain type of electronic message from the Administration or Partners and related resources, he can always unsubscribe by clicking on the virtual button of the corresponding link.
10.3. The informational materials available on the Website are intended exclusively for persons who have reached the age of 18.
- VALIDITY OF THE AGREEMENT
11.1. If, for any reason, one or more provisions of this Agreement are found to be invalid or unenforceable, this will not affect the validity of the other provisions of this Agreement. Any relations that are not regulated by this Agreement are regulated in accordance with the User Agreement and the current legislation of Ukraine.