RULES OF USE OF THE SITE
These Rules are based on: the Constitution of Ukraine, the Civil and Commercial Codes of Ukraine, the Laws of Ukraine ”On Electronic Digital Signature”, ”On Advertising”, ”On Electronic Commerce”, ”On Electronic Documents and Electronic Document Management”, ”On Information Protection in Information telecommunication systems ”,” On telecommunications ”,” On payment systems and funds transfer in Ukraine ”,” On personal data protection ”,” On copyright and related rights ”,” On protection of trademark rights for goods and services ”, international agreements Ukraine, the consent to the binding nature of which was given by the Verkhovna Rada of Ukraine, and other regulations.
1. TERMS AND DEFINITIONS
POWER NOW LLC/ Administrator - limited liability company POWER NOW USREOU 43384786, legal address: 02140, Kyiv, Darnytskyi district, ELIZAVETY CHAVDAR STREET, building 38-A, apartment 128.
1.2. Legitimate interests - processing of the User's personal data POWER NOW LLC or a third party, if these interests do not prevail over the rights and interests of the User. Legitimate interests include:
obtaining information about the User's behavior on the Site
development and improvement of the Site
interest that allows POWER NOW LLC to improve, configure or modify services and communications
determining the effectiveness of marketing campaigns POWER NOW LLC
increase data security.
Legitimate interests act only in cases where they do not outweigh the rights and interests of the User.
1.3. Consent - The user has given his explicit consent to the processing of his personal data for a specific purpose.
An individual who has not reached the required age undertakes to refrain from using the Site. Otherwise, the responsibility for violation of the terms of the Rules by a natural person who has not reached the required age rests with parents, adoptive parents, guardians, trustees or other legal representatives in accordance with the current legislation of Ukraine.
1.5. Contract - Rules, according to which, the User's data processing is necessary for the performance of the contract which the User has with POWER NOW LLC, or because POWER NOW LLC requested the User to take specific steps before concluding this agreement.
1.6 Content - any materials posted on the Site, including but not limited to images, texts, graphic design, logos, trademarks, audiovisual works and other content, the rights to which belong to the owner of the Site and/or third parties.
2. PERSONAL INFORMATION
2.1. ”POWER NOW” LLC processes their personal data in accordance with the provisions of this section in order to comply with the provisions of these Rules and provide Users with access to the Site.
Personal data and information of Users are stored exclusively on electronic media and processed using automated systems, except when non-automated processing of personal data is required in connection with compliance with the law.
2.1.1.personal information that the User may provide about himself/herself, when creating the Profile and (or) in the process of using the Site, including surname, name, patronymic, contact details (phone number);
2.1.2.standard data that is automatically received by the http/https-server when accessing the Site and further actions of the User (IP-address, MAC-address, type of the User's operating system, pages of the Site visited by the User);
Legal basis for the use of such data: Legitimate interests, Consent.
2.1.3.information traffic between the User and ”POWER NOW” LLC, including commercial electronic messages and electronic messages related to the Site (for example, account confirmation, technical messages and security system information, etc.);
Legal basis for the use of such data: Legitimate interests, Consent.
2.1.5.”POWER NOW” LLC may collect and process data on the User's device identifiers;
Legal basis for the use of such data: Legitimate interests, Consent.
2.2.”POWER NOW LLC” should not check the accuracy of the Personal Information, provided by Users, and does not exercise control over the legal capacity of Users.
2.3.”POWER NOW” LLC assumes that the User:
2.3.1.provides reliable and sufficient Personal Information, and keeps this information up to date;
2.3.2.has all the necessary rights that allow him to use the Site;
2.4. POWER NOW LLC processes Personal Information in order to ensure the best quality of the User's access to the Site and the content posted on the Site.
The User gives full written consent to the processing of his Personal Information by indicating the telephone number and surname, name, patronymic in the information and telecommunication system of the Site of ”POWER NOW” LLC.
2.5.”POWER NOW” LLC strictly adheres to the requirements of the legislation of Ukraine in the field of personal data protection. ”POWER NOW” LLC guarantees, that the personal information, collected by ”POWER NOW” LLC, is necessary and sufficient to achieve the collection and processing objectives set forth in this Policy.
2.6.”POWER NOW” LLC collects and processes Personal Information for the following purposes:
2.6.1. providing the possibility of using the Site by Users, conducting advertising campaigns, providing targeted advertising, conducting statistical research and analysis of the obtained statistical data on the basis of impersonal data;
2.6.2.providing the User with Access to Content services, as well as information services for the User;
2.6.3.improving the quality of the Site, the ease of use;
2.6.4.communication with the User, including sending messages, requests and information related to the use of the Site, as well as processing the User's requests;
2.6.5. improving the quality of content on the Site, ease of use;
2.6.6. sending information (commercial e-mails), including e-mail, as well as sending push-messages, SMS-messages, messages in Telegram and Viber, making calls to the specified phone number. Such mailings can be carried out using the technical infrastructure (servers) of ”POWER NOW” LLC, as well as third parties. In case of unwillingness to receive the newsletter, the User has the right to contact ”POWER NOW” LLC by writing a statement of refusal to receive advertising materials, sending it to the postal address of ”POWER NOW” LLC, or e-mail firstname.lastname@example.org, as well as User may opt-out of receiving such messages directly by following the hyperlink from the commercial email.
2.7.The user agrees that LLC ”POWER NOW” in the process of processing personal data has the right to carry out the following actions with personal data: collection, systematization, accumulation, storage, use, transfer to third parties, including outside Ukraine, destruction and other necessary actions in order to comply with the Rules of use of the Site.
2.8.”POWER NOW” LLC may allow third parties, including publishers and advertising networks, to place advertisements on the Service. At the same time, POWER NOW LLC guarantees that in case the specified persons place cookies on the User's computer, the transfer of Personal Information is not carried out. The user has the right at any time to change the settings for receiving cookies in the settings of their browser/software application or disable them completely.
2.9.The User agrees that the contact details provided by him during registration from the moment of their entry on the Service and confirmation will be automatically included in the newsletter system from LLC ”POWER NOW”, including advertising and other information.
2.10.The user has the right to request from ”POWER NOW” LLC personal data collected by ”POWER NOW” LLC by writing an application for such data, sending it to the postal address of ”POWER NOW” LLC, or e-mail email@example.com. The term of processing and response to such a request is up to 30 (thirty) calendar days from the date of its receipt by LLC ”POWER NOW”
2.11. Collection of Personal Information of the User is carried out by LLC ”POWER NOW” when specifying the phone number.
2.12. Personal data and information of Users are stored exclusively on electronic media and processed using automated systems, except when non-automated processing of personal data is required in connection with compliance with the law.
2.13.”POWER NOW” LLC in the process of processing Personal Information performs the following actions: collection, recording, systematization, accumulation, storage, clarification, retrieval, use, transfer, depersonalization, blocking, deletion, destruction of Personal Information and other actions solely to comply with the Rules and providing access to the Site.
2.14.”POWER NOW” LLC does not disclose to third parties and does not disseminate Personal Information without the consent of users (Except in cases provided by the legislation of Ukraine and reporting to the right holders of the Content). In addition, even with the consent of the User, ”POWER NOW” LLC does not place Personal Information on publicly available resources on the Internet, as such placement does not meet the purposes of collecting and processing Personal Information. ”POWER NOW” LLC guarantees that access to Personal Information is not provided to a third party if the said person refuses to undertake to ensure compliance with the requirements of the Law of Ukraine ”On Personal Data Protection” or cannot provide them. In no case will ”POWER NOW” LLC be liable for the consequences of the User's personal provision of personal information for public access to an unlimited number of persons, including by posting this information on publicly available resources on the Internet. In any case, the User has the right to request from ”POWER NOW” LLC information on the conditions of granting access to his personal data, in particular information about third parties to whom his personal data is transferred.
2.15.”POWER NOW” LLC takes reasonable and sufficient measures to protect the Personal Information of Users from accidental loss or destruction, from illegal processing, including illegal destruction or access to personal data. At the same time, in order to ensure the possibility of the normal use of the Site, ”POWER NOW” LLC may use the services of third parties. In no case will ”POWER NOW” LLC be liable for breach of confidentiality of Personal Information that occurred accidentally or as a result of illegal actions of third parties. The User understands and understands that all Personal Information is provided to them at their own risk and personal responsibility, and in the event of any wrongful acts of third parties regarding Personal Information, the User agrees to claims and lawsuits directly against such persons. In this case, the User understands and agrees that the Internet can not be provided absolute protection of information from the threats that exist in it. The User hereby gives his unconditional and irrevocable consent to ”POWER NOW” LLC to determine a sufficient level of personal data protection, methods and place (territory) of their storage.
2.16. Processing of the User's personal data is carried out by ”POWER NOW” LLC by phone within 3 (three) years from the moment of indication of the number by the User, which is the general statute of limitations.
3. LIMITATION OF LIABILITY
3.1. ”POWER NOW” LLC is not responsible in case of direct or indirect financial or other losses of Users caused by temporary interruptions in the Site for the following reasons: scheduled or unscheduled technical and preventive work, technical failures of Internet providers, computer networks, servers and means, as well as illegal actions of third parties intentional, unintentional (including negligent) actions of the User and/or force majeure. At the same time, ”POWER NOW” LLC undertakes to make every effort to restore the Site's functionality as soon as possible.
3.2. ”POWER NOW” LLC is under no circumstances liable for infringement of intellectual property rights of third parties if such infringement was caused by the creation, download, placement, copying or modification of information, materials or images on the Site made by Users of the Site.
3.3. ”POWER NOW” LLC has the right at any time at its discretion to terminate, restrict or terminate the User's access to the Site, including, but not limited to, in case the User violates the terms of these Rules, applicable law applicable to the Rules, and also if ”POWER NOW” LLC has grounds to consider the User's actions unscrupulous, aimed at disrupting the Site and/or those that may lead to violation of the rights, legitimate interests of ”POWER NOW” LLC, damage its business reputation, etc. ”POWER NOW” LLC is not liable for any damages that may be caused to the User by such actions.
3.4. ”POWER NOW” LLC is under no circumstances liable for the violation of the law governing the processing of personal data if such violation occurred as a result of violation by Users or Third Parties to whom the personal data was transferred with the consent of the User and/or his legal representative, requirements of the legislation and conditions of these Rules.
3.5. This limitation of liability should be applied to the maximum extent permitted by law. This limitation of liability does not apply only in cases where any specific condition of limitation of liability is expressly prohibited by the conditions specified by law. However, other provisions of these Rules remain valid and the Parties undertake to implement them as much as possible, as well as to replace provisions that contradict the mandatory provisions of applicable law with provisions as close as possible in content and permissible under the law applicable to these Rules.
3.6. ”POWER NOW” LLC is not responsible for the content, accuracy and precision of advertising information posted on the Service, and for the quality of advertised goods/services.
4.1. The Site is provided to the User ”as is”, with all defects, without any warranty, without providing technical characteristics or any guarantees, and its use by the User is at your own risk. All risk associated with satisfactory quality and performance lies with the User. ”POWER NOW” LLC does not give and hereby waives any explicit, implied or statutory guarantees, including possible guarantees of condition, uninterrupted use, the accuracy of data, achievement of certain results, suitability for sale, satisfactory quality, suitability for a specific purpose, not violating the rights of third parties, as well as guarantees (if any) arising from the usual practice of conducting business transactions, the use of business practices, customs of business. ”POWER NOW” LLC does not guarantee: absence of failures when using the Site by the User; that the Site will meet the requirements that the operation of the Site will be continuous or error-free, or that any errors in the Site will be corrected.
If the current legislation does not allow the exclusion or limitation of guarantees or the application of restrictions provided by law on consumer rights, the above exceptions and limitations are applicable to the maximum extent permitted by law.
5. FINAL PROVISIONS
5.1. ”POWER NOW” LLC reserves the right to immediately, without prior notice to the User, restrict or block access to the Site or take other measures against the User who violated the terms of these Rules without compensating the User for the prepaid cost of services on a prepaid basis.
5.2. By indicating the telephone number on the Site, the User confirms his agreement with all the provisions of the Rules, as well as his compliance with all the conditions reflected in the input forms (sample) and necessary for the successful sending of information by the User.
5.3. These Rules may be terminated by ”POWER NOW” LLC unilaterally, in case the User violates their terms and conditions. In this case, the User is obliged to immediately terminate access to the Site.
5.4. ”POWER NOW” LLC reserves the right to change, correct, add or delete parts of these Rules at its discretion by posting an updated version of the Rules at: powernow.ua/rules. Continuation of use of the Site by the User after making changes and/or additions to these Rules means acceptance and consent of the User with such changes and/or additions.