Your privacy choices
LAST UPDATE DATE - May 18, 2018.
PRIVACY POLICY
TABLE OF CONTENTS
INTRODUCTION, OVERVIEW
PERSONAL INFORMATION
NON-PERSONAL INFORMATION
COOKIES AND OTHER TECHNOLOGIES
IP ADDRESSES
SOCIAL NETWORKS AND INTERACTIVE TOOLS
THIRD-PARTY SITES
THIRD-PARTY ADVERTISERS
SECURITY
CHOICE
ACCESS
RETENTION
USE OF THE SITE BY CHILDREN
CROSS-BORDER TRANSFER
UPDATES TO THIS PRIVACY POLICY
CONTACT US
INDEPENDENT OFFICIAL DEALERS
CONSENT TO THE PROCESSING OF PERSONAL DATA
NOTIFICATION ON THE CONTROLLER OF PERSONAL DATA, THE COMPOSITION, CONTENT AND PURPOSE OF PERSONAL DATA COLLECTION, PERSONS TO WHOM PERSONAL DATA IS TRANSFERRED, AND THE RIGHTS OF THE SUBJECT OF PERSONAL DATA
INTRODUCTION, OVERVIEW
Privacy and Personal Data (Information) Protection Policy
AXENT has created this privacy policy to inform you about how we collect, use, and disclose information.
This privacy policy applies to information collected through this website or any other mobile site, applications, widgets, and other interactive tools that link to this privacy policy (“Site”).
An exception is information collected by AXENT, as specified below, by any other means, such as offline.
AXENT provides official dealers (hereinafter – Official Dealer or AXENT Dealer) with opportunities to order products. The Official Dealer is not an employee of "VIVAT TRADING" LLC ("VIVAT TRADING" LLC is the official distributor of AXENT trademark products in Ukraine). Therefore, AXENT does not control and is not responsible for the collection, use, and disclosure of information by Official Dealers, including for their marketing purposes. If you provide information to an Official Dealer through the Site, AXENT will have access to it and will process it in accordance with this privacy policy. Official Dealers may provide AXENT with information about you, in which case AXENT, upon receiving such information, processes it in accordance with this policy.
PERSONAL INFORMATION
Collection of Personal Information.
"Personal Information" is information that allows you to be identified, such as name, postal address (including billing and shipping addresses), phone number, email address, and username. We receive Personal Information from you when you decide to participate in our offers and programs, or directly provide us with information when filling out various forms, participating in interactive events, or contacting us in any other way through the Site.
Use of Personal Information.
We may use Personal Information:
• for the purpose for which you knowingly provided it, including, but not limited to, enabling us to respond to your questions and fulfill your requests;
• to send you information about your relationship and interactions with us;
• to tell you about products, services, programs, and offers that we believe may be of interest to you, by email, SMS, telephone, or mail;
• to personalize your experience with us, including presenting products or offers tailored to you;
• to help you find Official Dealers, as well as to facilitate the activities of an Official Dealer;
• for our internal business purposes, such as data analysis, audits, developing new products, improving our website, enhancing our services, identifying usage trends, and determining the effectiveness of our promotional campaigns;
• to allow you to participate in sweepstakes, contests, and similar promotions, and to administer these activities (some of these activities have additional rules, which may contain additional information about how we use and disclose your Personal Information, so we advise you to review this information carefully);
• to fulfill your order, or otherwise provide you with services.
Disclosure of Personal Information.
We may disclose your personal information:
• to affiliated persons, i.e., persons representing AXENT, but not for their direct marketing. "VIVAT TRADING" LLC in such a case is the data controller and the party responsible for the jointly used personal information;
• to third-party service providers who provide services to AXENT, such as website hosting, data analysis, order fulfillment, infrastructure provision, information technology services, customer service, auditing, and other similar services. (These third parties will be provided with, or have access to, your personal information for the purpose of providing these services to us or on our behalf);
• to Official Dealers, to the extent necessary for them to contact you, fulfill your order, or provide you with a service;
• to third parties in the event of any reorganization, merger, sale, assignment, transfer, or other disposition of all or any portion of our business or assets (including in connection with bankruptcy or similar proceedings), and as we deem necessary or appropriate: (a) in accordance with applicable law, including laws outside your country of residence; (b) in a legal process – as necessary; (c) to respond to requests from public and government authorities, including public and government authorities outside your country of residence; (d) to enforce the terms of cooperation; (e) to protect our operations or the interests of affiliated persons; (f) to protect the rights, privacy, safety, or property belonging to AXENT, you, or any affiliated person (g) to secure legal protection or limit damages we may incur.
NON-PERSONAL INFORMATION
Collection of Non-Personal Information.
“Non-personal information” is any information that does not allow you to be identified, for example:
• browser information
• information collected through cookies, pixel tags, and other technologies
• demographic data and other information provided by you or our Official Dealers
• aggregated information
We and third parties who provide us with services may collect non-personal information in various ways. For example, we:
• collect information such as your computer type (Windows or Macintosh), screen resolution, operating system version, and internet browser type and version;
• collect demographic information, such as your location, education, profession, age, gender, as well as other information such as your hobbies and special interests, when you voluntarily provide us with this information. If such information is not combined with personal information, it does not allow for the identification of you or anyone else.
De-identification of Information.
We may de-identify personal information in such a way that the de-identified information does not identify you or anyone else, for example, by using personal information to calculate the percentage of our customers residing in a particular area. In some cases, we may combine non-personal information with personal information (for example, combine your name with your geographical location). If we combine non-personal information with personal information, the combined information will be treated by us as personal information as long as such combination exists.
Use and Sharing of Non-Personal Information.
Since non-personal information does not identify you, we may collect, use, and disclose it for any purpose.
COOKIES AND OTHER TECHNOLOGIES
Cookies: we and our third-party service providers may use “cookies” on the site. Cookies allow a web server to transfer data to a computer for record-keeping and other purposes. We use “cookies” and other technologies to, among other things, better serve you with tailored information and facilitate your ongoing access to and use of the Site.
If you do not want information to be collected through the use of “cookies,” there is a simple procedure in most browsers that allows you to decline the use of “cookies.” To learn more about “cookies,” please visit a site not affiliated with AXENT: http://www.allaboutcookies.org/.
Local Storage Objects: We and our third-party service providers may use Flash Local Storage Objects ("Flash LSOs") in certain situations, including to recognize you and remember what is in your shopping cart. Flash LSOs differ from “cookies” in the amount and type of data stored. In addition, you cannot control, delete, or disable the acceptance of Flash LSOs from your browser. To get more information about Flash LSOs and learn how to manage them, click on the support page for Flash Player, and select the Global Storage Settings Panel, then follow the instructions. To view the Flash LSOs on your computer now, go to the Website Storage Settings Panel and follow the instructions to view or, if desired, delete any specific Flash LSO.
Pixel Tags and Other Technologies: Clear GIFs are tiny graphics with a unique identifier, similar in function to “cookies.” However, unlike “cookies,” which are stored on your computer's hard drive, clear GIFs are embedded invisibly on website pages. We may use clear GIFs (also known as web beacons, web bugs, or pixel tags) on the Site to, among other things, track the activities of our site visitors, compile statistics about site usage and response rates. We and our third-party service providers may also use clear GIFs in HTML email messages to help us track email responses, determine the success of our marketing campaigns, and identify when our emails are viewed or forwarded.
Site Analytics: AXENT may work with third-party service providers who use the technologies described in this section to conduct web analytics to help us track and understand how visitors use our site. For example, we use the services of Google Analytics, a web analytics service provider, to help us improve the performance of our website based on user experience. For more information and to view the Google Analytics privacy policy or to opt-out of the tool, please contact their privacy center.
Widgets, Applications, and Similar Technologies: If you choose to use technology supported by us (e.g., a widget), Personal or other information made available through such technology may become publicly available, for example, through social networks and other websites and platforms on which you use such technology. In addition, some technologies may have the ability to be distributed "virally" in other places (e.g., a friend or customer of yours created a widget that contains your information for their blog). AXENT is not responsible for the collection, use, and disclosure of Personal Information and/or other information that is publicly available.
IP ADDRESSES
How We Collect IP Addresses
Your IP address is a number that is automatically assigned to the computer you are using by your Internet Service Provider. An IP address may be identified and logged automatically in our server log files whenever a user visits the site, along with the time of the visit and the page(s) that were visited. Collecting IP addresses is standard practice on the Internet and is done automatically by many websites.
How We Use and Disclose IP Addresses
We may use IP addresses for purposes such as calculating site usage levels, helping us diagnose server problems, detecting fraud, and administering the site. We may also use and disclose IP addresses for all the purposes for which we use and disclose Personal Information. Please note that we treat IP addresses, server log files, and related information as Non-Personal Information, except where we are required to treat them otherwise under applicable law.
SOCIAL NETWORKS AND INTERACTIVE TOOLS
Certain features on our site may give you the opportunity to interact with us and others. They may include blogs, message boards, messaging functionality, chat functionality, and the creation of community profiles. When using these features, you should be aware that any information you provide, including your name, location, and email address, may be publicly available to others. We are not responsible for any information you choose to submit through these interactive features, and we do not recommend that you disclose any sensitive information (such as health or credit card information) through these features. If you use these features, your Personal Information may remain on the site even after you stop using the Site.
USE OF YOUR INSTAGRAM PHOTOS
We were interested in your photo on Instagram, and we want to show it to the world. For this purpose, AXENT plans to use photos you posted on the Instagram social network with the hashtag Axent, Axentbrand, and make them available to all our customers.
By responding to a message from the Axent Instagram account with the hashtag #Axentbrand, you guarantee the following:
• You are 14 years of age or older,
• You have all rights to your photos,
• You have permission from all individuals depicted in your photos to transfer the rights to use their images, as well as have obtained consent from all rights holders and authors of the photos;
• The use of your Instagram photos by "VIVAT TRADING" LLC does not violate the rights of third parties or current laws, and in the event of any claims and/or lawsuits against AXENT from third parties, you agree to settle such claims/lawsuits on your own and at your own expense without involving AXENT, and you have read and agree to the following terms and conditions:
What happens if you respond with the hashtag #Axentbrand?
You grant us the rights to publish your Instagram photos as part of Axent's content, specifically: You grant AXENT an unlimited, non-exclusive, perpetual right to use your photos that are located or have already been posted on Instagram with the hashtag Axentbrand/Axent. The hashtag Axentbrand/Axent is a hashtag consisting of the AXENT brand name, trademark, or the name of an AXENT product or campaign.
This means that by responding to a message from another brand on Instagram with the hashtag #Axentbrand, you grant AXENT an unlimited right to use photos with the corresponding hashtag within digital and non-digital content. This includes, for example, the use of photos on the AXENT website, in the AXENT newsletter, AXENT mobile applications, AXENT social media publications, AXENT internal communications, or use on billboards, posters, video content, AXENT dealer websites, as well as on-site and in advertising campaigns. At the same time, AXENT is under no obligation to use your photo.
What will you get?
Your photos will be seen not only by visitors to your Instagram page but also by fans of the AXENT brand all over the world. You will get a chance to inspire others with your stylish ideas. By responding with the hashtag #Axentbrand, you, in turn, release AXENT from any obligation to pay for the use of your photos and any intellectual property rights related to the use described above.
If you change your mind?
You can revoke the transfer of rights to AXENT at any time by removing the Axent/Axentbrand hashtag, the photo itself, or by simply sending us an email at axent.tm@gmail.com or info@axent.com.ua.
Why should you provide AXENT with assurances and guarantees?
Because "VIVAT TRADING" LLC (the official distributor of the AXENT trademark in Ukraine) wants to be sure that no rights are violated when using your photos. Therefore, by responding with the hashtag #Axentbrand, you represent and warrant that (i) you own all rights to your photos, (ii) you have permission from all persons depicted in your photos to transfer the rights, and (iii) the use of your Instagram photos by "VIVAT TRADING" LLC does not violate the rights of third parties or applicable laws. In addition, you release, defend, and hold harmless AXENT and any person acting on behalf of AXENT from any claims, damages, liabilities, and legal costs related to the use of the photos in the manner described above.
Why is there a limitation of liability?
By responding to a message on Instagram with the hashtag #Axentbrand, we want to minimize legal risks for AXENT through the following limitation of liability: TO THE EXTENT PERMITTED BY APPLICABLE LAW, WE SHALL UNDER NO CIRCUMSTANCES BE LIABLE FOR (I) ANY SPECIAL, INDIRECT, INCIDENTAL, OR CONSEQUENTIAL COSTS, LOSSES, OR DAMAGES; OR (II) LOSS OF PROFITS, OR (III) LOSS OF BUSINESS, CONTRACTS, GOODWILL, BUSINESS OPPORTUNITIES; OR (IV) LOSS OF REVENUE, EXPECTED SAVINGS; OR (V) LOSS OR CORRUPTION OF DATA OR INFORMATION; OR (VI) ANY DETERIORATION CAUSED BY THE USE OF THE PHOTOS IN THE WAYS DESCRIBED ABOVE, ARISING AS A RESULT OF VIOLATION OF RIGHTS, AGREEMENTS OR ANY OTHER LEGAL GROUNDS, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
THIRD-PARTY SITES
Our site may contain links to third-party websites. We are not responsible for the privacy policies of websites operated by third parties that are linked from our site, nor for the provision of privacy by third parties during online advertising campaigns. The inclusion of links on the Site does not imply our endorsement of the respective site. AXENT's Official Dealers are fully responsible for their own websites and for any information collected on those sites. If an Official Dealer uses the AXENT site to collect information from you, AXENT may have access to this information and will treat it in accordance with this Privacy Policy.
SECURITY
We use reasonable organizational, technical, and administrative measures to protect Personal Information under our control. Unfortunately, no data transmission over the Internet or data storage system can be guaranteed to be 100% secure. If you have reason to believe that your interaction with us is no longer secure (for example, if you feel that the security of any communication channel is insufficient), please immediately notify us of the problem by contacting us in accordance with the Contact Us section below.
CHOICE
To opt out of receiving marketing and/or promotional offers from AXENT, you can send us a request to the address specified in the section Contact Us below. We will try to satisfy all requests as far as is practically possible.
ACCESS
If you wish to review, correct, or delete the Personal Information that you have previously provided, you may contact us as specified in the Contact Us section below. In your request, please clearly state what information you would like to change. We will try to respond as quickly as possible.
RETENTION
We will retain your Personal Information for the period necessary to fulfill the purposes outlined in this Privacy Policy, unless a longer retention period is required by law.
USE OF THE SITE BY CHILDREN
The Site is not intended for individuals under the age of fourteen (14), and we ask that these individuals do not provide their Personal Information through the site.
UPDATES TO THIS PRIVACY POLICY
We may change this Privacy Policy from time to time. Please look at the "Last Updated Date" at the top of this page to see when this Privacy Policy was last revised. Any changes to this Privacy Policy will become effective when they are posted on the Site. Your interaction with us following these changes means that you accept the revised terms of the Privacy Policy.
CONTACT US
If you have any questions about this Privacy Policy, please contact us by email at (info@axent.com.ua), or by regular mail at: 14000, Chernihiv, 18 Hetmana Polubotka St. Since email communications are not always secure, please do not include sensitive information in emails sent to us.
OFFICIAL DEALERS
The provisions set forth below apply only to AXENT Official Dealers:
This Privacy Policy applies to the Personal Information of AXENT Official Dealers collected online or offline. This information will be collected in addition to any Personal Information we may receive from you as an AXENT customer, as described above.
To become an AXENT Official Dealer, you must enter into a separate contract/agreement with AXENT. If you have entered into an Agreement, we may collect, use, and disclose your Personal Information in accordance with this Privacy Policy and the terms of your Agreement. We may also collect, use, and disclose your Personal Information when necessary to ensure the fulfillment of obligations under the Agreement. In the event of a conflict between this Privacy Policy and the Agreement, the provisions of the respective Agreement shall apply. Once you become Official Dealer AXENT, we may disclose your Personal Information:
• to existing and potential customers seeking the assistance of AXENT Official Dealers
• if necessary to comply with legal requirements, such as tax obligations and record-keeping.
We may also combine the Non-Personal Information that we and our third-party service providers collect about your use of the Site (as described above) with your unique user ID. We may use the combined information for purposes such as analyzing the use of our sites, to evaluate and make improvements to our business model, and for other internal analytical purposes.
CONSENT TO THE PROCESSING OF PERSONAL DATA
By checking the "I confirm" box, I (the person providing Consent) am aware and hereby give my consent for "VIVAT TRADING" LLC (the "Company") to collect, store, and process my personal data for the purpose of managing business activities, resolving legal compliance issues, and paying taxes. The data about me will include, in particular: full name, gender, passport data, registration and actual residential address, phone number, and any other personal data that was/will be transferred or otherwise communicated by me and/or received by the Company and/or API from third parties (hereinafter - Data).
I am aware that I can at any time access my Data being processed and request necessary corrections, as well as withdraw my consent to the processing of Data by the Company and/or API by sending a written notice to the address: 14000, Chernihiv region, Chernihiv, 18 Hetmana Polubotka St.
I am aware that reasoned requests for the modification or destruction of Data must be sent in writing to the address: 14000, Chernihiv region, Chernihiv, 18 Hetmana Polubotka St. I give my unconditional consent for the Company and API to have the right to transfer my Data to foreign entities involved in relations related to personal data (cross-border transfer), in particular, to any of their affiliated persons. I agree that the Company and API and any of their affiliated persons, including those located abroad, may transfer the collected Data to third parties who assist the Company and/or API and its affiliated persons in managing business activities and who will have contractual obligations to maintain the confidentiality of the Data, including, but not limited to: service providers, etc. Such third parties and affiliated persons may be located in the EU, as well as in any other countries.
I confirm, understand, and agree to the following:
1) I have been duly notified of the inclusion of my Data into the Company's personal data base, of the purpose of obtaining and processing my personal data and its transfer to third parties. The consent I have given does not require a separate notification;
2) I have read the Notification on the controller of personal data, the composition, content and purpose of personal data collection, persons to whom personal data is transferred, and the rights of the subject of personal data;
3) I agree to the modification of my Data and/or its destruction after the expiration of the period specified below, without additional notification of such modification/destruction;
4) The processing (including use) of my Data may be carried out in countries where data protection legislation may differ from the legislation of Ukraine;
5) I have read the Company's Privacy Policy, located at the electronic address https://axent.com.ua, for additional information about the Company's procedures for ensuring the confidentiality and protection of Data.
This consent for the processing of personal data is valid for 3 (three) years from the date it is granted. After the expiration of the specified consent period, it is considered automatically extended for each subsequent three years in the absence of a notice of its withdrawal. Since it is currently unknown when API will need to process the Data as provided by the terms of this consent for the processing of personal data and in accordance with Art. 212 of the Civil Code of Ukraine, this consent is granted to API with a suspensive condition. I hereby understand and agree that API will process my Data as provided by the terms of this consent for the processing of personal data only from the moment a notice is sent to me as provided by Art. 12 of the Law of Ukraine "On Personal Data Protection" or another notice that will be required by the legislation of Ukraine on the date API sends such a notice, or a notice from API in an arbitrary form if at the time of sending the notice the legislation of Ukraine does not provide for specific requirements for such a notice.
NOTIFICATION ON THE CONTROLLER OF PERSONAL DATA, THE COMPOSITION, CONTENT AND PURPOSE OF PERSONAL DATA COLLECTION, PERSONS TO WHOM PERSONAL DATA IS TRANSFERRED, AND THE RIGHTS OF THE SUBJECT OF PERSONAL DATA
"VIVAT TRADING" LLC (location: 14000, Chernihiv region, Chernihiv, 18 Hetmana Polubotka St.), hereinafter referred to as the "Enterprise," in compliance with the requirements of the Law of Ukraine "On Personal Data Protection" (hereinafter also - the "Law"), in connection with the collection of personal data, hereby informs you, as the subject of personal data, of the following:
1. The personal data you have provided has been collected into a personal data base, the controller of which is the Enterprise.
2. The personal data collected about you includes, in particular: full name, gender, passport data, registration and actual residential address, phone number, and any other personal data that was/will be transferred or otherwise communicated by you and/or received by the Enterprise from third parties.
3. The personal data collected about you will be processed by the Enterprise on the basis of the consent you have provided for the processing of personal data, for the purpose defined by such consent, namely: managing business activities, resolving legal compliance issues, and paying taxes.
4. The Enterprise and any of its affiliated persons, including those located abroad, may transfer the personal data collected about you to third parties who assist the Enterprise and its affiliated persons in managing business activities and who will have contractual obligations to maintain the confidentiality of such data, including, but not limited to: service providers, etc. Such third-party data recipients may be located in the EU.
The subject of personal data, in accordance with the Law of Ukraine "On Personal Data Protection," has the right to:
1) know about the sources of collection, the location of their personal data, the purpose of their processing, the location or place of residence (stay) of the controller or processor of personal data, or to give a corresponding instruction to obtain this information to persons authorized by them, except in cases established by law;
2) receive information about the conditions for granting access to personal data, in particular information about third parties to whom their personal data is transferred;
3) access their personal data;
4) receive, no later than thirty calendar days from the date of receipt of the request, except in cases provided by law, a response as to whether their personal data is being processed, as well as to receive the content of such personal data;
5) present a reasoned demand to the controller of personal data with an objection to the processing of their personal data;
6) present a reasoned demand for the modification or destruction of their personal data by any controller and processor of personal data if this data is processed illegally or is inaccurate;
7) the protection of their personal data from illegal processing and accidental loss, destruction, damage due to intentional concealment, non-provision or untimely provision, as well as protection from the provision of information that is inaccurate or disgraces the honor, dignity, and business reputation of a natural person;
8) file complaints about the processing of their personal data with the Ukrainian Parliament Commissioner for Human Rights or to the court
9) apply legal remedies in case of violation of legislation on personal data protection;
10) make reservations regarding the limitation of the right to process their personal data when giving consent;
11) withdraw consent to the processing of personal data;
12) know the mechanism of automatic processing of personal data;
13) protection against an automated decision that has legal consequences for them.
