Privacy
& Terms
VMK GROUP WEBSITE TERMS AND CONDITIONS
Adopted: April 2024
These Terms and Conditions (the “Terms”) apply to VMK Group websites https://vmk-group.com/ and https://vmkhealth.com/ (the “Websites”) and establish the rules governing the use of these Websites. The Websites are operated by VMK GROUP UA, LLC, a legal entity duly incorporated and acting under the laws of Ukraine under registration number 44862102, with an address of Ukraine, 10002, Zhytomyr region, Zhytomyr city, st. Pushkinska, building 54, apartment 2, and its affiliates (“VMK Group”, “we”, “us”, “our”).
If you access and/or use our Websites, you agree to be bound by these Terms. If you do not accept these Terms, you must cease accessing and use of the Websites.
These Terms apply, regardless of the means of delivery of the Websites to you. By referring to “you”, we mean any natural or legal person who has gained access to the Websites, regardless of the manner, tools, and purposes of such access.
Our use of your personal data that we collect via the Websites is subject to our Privacy Policy.
1. GENERAL TERMS AND CONDITIONS
1.1. Access to the Websites is permitted on a temporary basis and we reserve the right to withdraw or amend the access to Websites or part of the Websites without notice. We will not be liable or responsible if for any reason the Websites are unavailable at any time or for any period.
1.2. The information and materials on the Websites are not intended to serve as any kind of qualified or professional advice. We disclaim all liability and responsibility arising from any reliance placed on such information and materials by you, or by any person who may be informed of any of its content.
1.3. You may use the Websites, and the information, presentations, writings, images and/or other works that you see, hear, or otherwise experience on the Websites, including that we send to you on your demand made by filling in regarding forms of feedback (singly or collectively, the "Content") for your own private non-commercial use and/or to learn about VMK Group products and services.
1.4. You must not use or allow others to access or use, all or any part of our Websites or the Content and/or applications on it for commercial purposes without our permission. Use of all or any part of our Websites or the contents and/or applications on it for commercial purposes shall be subject to separate terms and conditions and may be subject to a fee.
1.5. You may occasionally print individual webpages on the Websites or materials you got by demand from it for your private non-commercial use, provided that such printing is not substantial or systematic and our titles, trademarks, copyright notices, and trademark notices are not removed.
1.6. UNLESS OTHERWISE STATED IN THIS AGREEMENT OR AGREED WITH US IN WRITING, YOU MUST NOT (WHETHER DIRECTLY OR INDIRECTLY):
- distribute, transmit, syndicate, sell or offer to sell or otherwise make available all or any part of the Websites or any Content, whether publicly available or not, to any third parties;
- use or access our Websites to provide any kind of services to third parties;
- use the Websites to advertise, solicit, or transmit any commercial advertisements, including chain letters, junk e-mail, or repetitive messages to anyone;
- modify any file or any other part of the Websites that we do not specifically authorize you to modify;
- modify or translate the Websites or any related documentation in whole or in part, or combine or merge the Content with any other object code or program;
- distribute, sub-license, assign, share, timeshare, sell, rent, lease, grant a security interest in, use for service bureau purposes, or otherwise transfer the Content or Websites, including under commercial terms;
- intentionally include or copy any part of Content or the Websites as a whole to AI learning databases;
- remove, modify, block, disable, obscure, or impair any copyright, trademark, or other proprietary notices, material, or advertising belonging to us, our licensors, or other third parties contained within our Websites;
- Incorporate the Content or Websites into another service or website or make it available via framing or mirrors;
- reverse engineer, decompile, disassemble, and reduce the object code of the Websites to source code form or create (or attempt to create) derivative works based on the whole or any part of the Websites, except to the extent permitted by applicable law, and provided that the information obtained by you during such activities:
- is not disclosed or communicated without our prior written consent to any third party to whom it is not necessary to disclose or communicate it in accordance with applicable law; and
- is not used to create any software that is substantially similar in its expression to the Websites; and
- is kept secure; and
- is used only in accordance with applicable law;
- copy, download, or store any content, files, feeds, or data from the Websites, whether publicly available or not, to make or populate a database or publication of any kind whatsoever, provided that, for the avoidance of doubt, this is not intended to restrict the copying of an insubstantial part of any such material or where you are able to show ‘fair dealing’ with it, in each case in accordance with the applicable law (this provision doesn`t apply to the Content allowed to share by the functionality of the Websites);
- use the Websites or Content for creating a product, service, or software that is, directly or indirectly, competitive with or in any way a substitute for the Websites or Content;
- use any robot, spider, or other automated device or process to access the Websites for any purpose or copy any material;
- use or distribute unauthorized software programs or tools, such as “auto” software programs, “macro” software programs, “cheat utility” software programs or applications, exploits, cheats, or any other hacking, altering, or cheating software or tool;
- upload information and/or materials, the rights to which belong to third parties, without obtaining the appropriate consent from such third parties;
- attempt to gain unauthorized access to our Websites, the server on which our Websites are hosted, or any server, computer, or database connected to our Websites or to attack our Websites via a denial of service attack. By breaching the provisions of this clause, you may be committing a criminal offense. We shall report any such breach to the relevant law enforcement authorities and we will cooperate with those authorities by disclosing your identity to them, and your right to use our Websites shall immediately and automatically cease;
- attempt to avoid or undermine any protections we put in place for the security and operation of the Websites;
- do anything that may cause damage to the Websites;
- do other actions prohibited by applicable law, that violate the moral principles and/or any rights of third parties, as well as that could damage the reputation of the Websites or otherwise discredit it, the Websites` users, third parties, and/or VMK Group or any of our products and services, employees, subcontractors, representatives, or affiliates.
1.7. VMK Group is not liable or responsible for any third-party content on the Website. Third-party content includes, for example, articles owned by any other third parties, the content of advertisements, applications posted or owned by other third parties and content accessed through applications.
2. LINKING
2.1. You may establish a link to the Websites, provided that:
- the link is legal and not detrimental or damaging to and/or does not take unfair advantage of our reputation or business;
- the link does not falsely imply or suggest that we endorse, approve of, or are associated with the linked website, its webpages, or any of its contents; and
- framing of our Websites on any other website is not allowed and you must not provide access to the Websites or part of it under any other URL.
2.2. We may withdraw your right to link to the Websites without notice and at any time (acting in our sole discretion).
2.3. On certain parts of the Websites you may be able to include links to third-party websites. Subject to these Terms you may only include links on the Websites to third-party websites or webpages if:
- the content of or linking to such third-party websites or webpages does not breach any of the provisions set out in clause 1.6.;
- the terms of use of such websites or webpages allows such linking;
- links are clearly and visibly marked as such;
- the content of any linked website or webpages are relevant and clearly related to the content to which it is linked; and
- the link will not result in any automatic download.
2.4. Where the Websites and/or applications contain links to other websites, webpages, resources, or mobile services which are proprietary to third parties, other users, advertisers or sponsors, such websites, webpages, resources and mobile services are provided for your information only and you access them at your own risk. We are not liable or responsible for the content or operation of third-party websites, webpages, resources or mobile services. You should read any applicable terms and conditions and privacy policies.
3. REQUEST FORMS
3.1. Where you are required to fill in the form (hereinafter – “Request form”) to receive information and/or other materials, we presume you provide accurate and true data. Each Form is for a single user only and not for multiple users. You must keep filled Request forms confidential.
3.2. You must provide a valid email address when you fill in the Request Form. If you provide an email address then you warrant you are entitled to receive email to such email address. You also acknowledge and agree that we may not contact you, and we may stop sending emails to you without prior notification.
3.3. Please pay attention to our Privacy Policy when requesting any information via the Request Form.
3.4. We may suspend the functioning of the Request forms at our sole discretion.
4. INTELLECTUAL PROPERTY RIGHTS
4.1. Unless otherwise specified herein, the Websites and Content are the property of VMK Group and are protected by Ukrainian and international copyright and other intellectual property laws.
4.2. All copyright, trademark, and other proprietary rights in Websites and in the software, text, graphics, design elements, code and all other materials originated or used by us at or in the Websites are reserved to VMK Group. All other trademarks or domain names not owned by VMK Group or one of the other VMK Group Companies that appear on the Websites are the property of their respective third-party owners.
4.3. YOU MAY NOT MODIFY, REPRODUCE, UPLOAD, POST, TRANSMIT, DOWNLOAD OR DISTRIBUTE ANY PART OF THE CONTENT, OR DECOMPILE, REVERSE ENGINEER, OR DISASSEMBLE THE CONTENT, OTHER THAN PRINTING OUT OR DOWNLOADING PORTIONS OF THE TEXT AND IMAGES FOR YOUR OWN PERSONAL, INFORMATIONAL, NON-COMMERCIAL USE. You must keep intact all copyright, trademark and other proprietary notices on any such materials. No materials published by VMK Group on Websites, in whole or in part, may be copied, reproduced, modified, republished, uploaded, posted, transmitted, or distributed in any form, or by any means, without prior written permission from VMK Group. The use of any such materials on any other Websites, networked computer environment, or for any other purpose, is strictly prohibited and such unauthorized use may violate copyright, trademark, and other similar laws. In addition to any causes of termination provided herein, we reserve the right, in our sole discretion and without any liability to you, to terminate your access to and use of the Websites or any part of the Websites for any reason whatsoever, including, without limitation, if we believe that you have violated or acted inconsistently with these Terms. We may also, in our sole discretion and at any time, discontinue operation of the Websites or any part of the Websites. Any such termination may be effected without any prior notice. We will not be liable to you for any termination of your access to the Websites.
4.4. Copyright infringement notice. If you believe that your copyrighted materials have been copied in a manner that constitutes copyright infringement, you may notify our copyright agent, who can be reached at:
VMK Group UA, LLC
Attention: Legal Department
Email: info@vmk-group.com
Please provide the following information in your notice:
- Identification of the copyrighted work that you believe to be infringed. Please describe the work, and, where possible, include a copy or the location of an authorised version of the work.
- Identify the material you believe is infringing and its location. Please describe the material, and provide us with its URL or any other pertinent information that will allow us to locate the material.
- Your name, address, telephone number and (if available) e-mail address.
- A statement that you have a good faith belief that the complained use of the materials is not authorized by the copyright owner, its agent, or the law.
- A statement that the information that you have supplied is accurate, indicating that “under penalty of perjury,” you are the copyright owner or are authorized to act on the copyright owner’s behalf.
- A signature or the electronic equivalent from the copyright holder or authorized representative.
5. LIMITATION OF LIABILITY. WARRANTY DISCLAIMER
5.1. We shall have no liability to you for any loss or inconvenience suffered due to the unavailability or withdrawal of any Content or functionality from the Websites.
5.2. Whilst we monitor the Website intending to locate and fix defects, you acknowledge and agree that we cannot guarantee that the Websites or any individual feature of the Websites will be error-free, be available at all times, and/or be free from viruses and defects.
5.3. Content may be removed from the Websites with or without notice at any time and we accept no responsibility or liability for any reliance by the user on the continued availability of any content or resources on the Websites.
5.4. VMK Group assumes no responsibility for the accuracy, correctness, timeliness, or content of the site materials provided on the Websites. You should not assume that the Websites are continuously updated or otherwise contain current information. VMK Group shall not be responsible for supplying content or materials from the Websites that have expired or have been removed.
5.5. The information and material on the Websites may be incorrect or out of date and should not be considered as a definitive or complete statement of fact. You should check any information and material on the Websites and use your own judgment before doing or not doing anything on the basis of such information or material. We make no representations or warranties with respect to the Websites or its Content. All warranties (express or implied) (including without limitation the implied warranties of satisfactory quality and fitness for purpose relating to the Websites and/or its content) are hereby excluded to the fullest extent permitted by law. No representations or warranties are given as to the accuracy or completeness of the information or material provided on the Websites or any website or webpage to which it is linked.
5.6. IN NO EVENT SHALL VMK GROUP OR ANY OF THEIR RESPECTIVE SUPPLIERS, EMPLOYEES, AGENTS OR PARTNERS BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES INCLUDING, WITHOUT LIMITATION, LOSS OF PROFITS OR REVENUES, GOODWILL, COSTS OF REPLACEMENT GOODS, LOSS OR DAMAGE TO DATA ARISING OUT OF THE USE OR INABILITY TO USE THE WEBSITES OR ANY LINKED SITE, DAMAGES RESULTING FROM USE OF OR RELIANCE ON THE INFORMATION OR MATERIALS PRESENTED ON THE WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY, EVEN IF VMK GROUP OR ANY OF THEIR SUPPLIERS, EMPLOYEES, AGENTS OR PARTNERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOUR USE OF THE WEBSITES IS AT YOUR OWN RISK. IF YOU ARE DISSATISFIED WITH ANY OF THE CONTENT, YOUR SOLE REMEDY IS TO DISCONTINUE USE OF THE WEBSITE.
5.7. YOU UNDERSTAND AND AGREE THAT (A) THE SITE, AND ALL THE CONTENTS HEREOF ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED; (B) EACH VMK GROUP COMPANY, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIMS ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE, FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY AND NON-INFRINGEMENT OF PROPRIETARY OR THIRD PARTY RIGHTS; (C) VMK GROUP MAKES NO WARRANTIES ABOUT THE ACCURACY, INTEGRITY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF THE WEBSITES OR ANY ADVICE, STATEMENT, OR OTHER INFORMATION DISPLAYED OR DISTRIBUTED THROUGH THE WEBSITES; AND (D) VMK GROUP DOES NOT WARRANT THAT THE WEBSITE WILL OPERATE ERROR-FREE OR THAT THE WEBSITE OR ITS SERVER ARE FREE OF COMPUTER VIRUSES OR OTHER HARMFUL ITEMS. VMK GROUP SHALL NOT BE RESPONSIBLE FOR ANY THIRD-PARTY MATERIAL ON THE WEBSITES.
5.8. TO THE FULLEST EXTENT PERMITTED BY LAW VMK GROUP AND THIRD PARTIES CONNECTED TO US HEREBY EXPRESSLY EXCLUDE ANY LIABILITY FOR:
- loss of or corruption to data; or
- loss of profit; or
- loss of anticipated revenue; or
- loss of business; or
- loss of opportunity; or
- adverse effect on reputation and/or goodwill; or
- any indirect or consequential loss or damage.
5.9. Our total liability to you in respect of all losses and liabilities arising under or in connection with these Terms, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall in no circumstances exceed EUR 100.
6. GOVERNING LAW
6.1. These Terms and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the laws of Ukraine. Ukrainian courts shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with this Agreement or its subject-matter or formation.
6.2. For our exclusive benefit and to the extent possible in the applicable jurisdiction, we retain the right to bring or enforce proceedings as to the substance of the matter in the courts of the country of your residence or, where these Terms are entered into in the course of your trade or profession, the country of the place of business in which you agreed to these Terms or (if different) the country of your principal place of business.
7. MISCELLANEOUS
7.1. If any provision of this Agreement is or becomes illegal, invalid, or unenforceable in any respect, that provision shall be read down to become illegal, invalid, or unenforceable or, if this is not possible, deleted. The other provisions of these Terms shall continue to apply with full force and effect.
7.2. We may revise these Terms at any time by amending this page. You are expected to check this page from time to time to take notice of any changes we make, as they are binding on you. Some of the provisions contained in these Terms may also be superseded by provisions or notices published elsewhere on the Website.
8. CONTACTING US
For general comments on the Website, or to seek permission to do anything prohibited by or not contained in these Terms, or which requires our prior consent or agreement, you can contact us following the instructions found on the Contacts page on the Website.
VMK GROUP PRIVACY POLICY
Updated as of April 2024
VMK GROUP UA, LLC, a legal entity duly incorporated and acting under the laws of Ukraine under registration number 44862102, with an address of Ukraine, 10002, Zhytomyr region, Zhytomyr city, st. Pushkinska, building 54, apartment 2, and its affiliates (“VMK Group” or “we”) are committed to protecting the privacy of the users of our web portal. This Privacy Policy explains what personal information we collect, how we use and share it, and what steps we take to keep it secure.
When we refer to personal data (or personal information), we mean any information of any kind relating to a natural person who can be identified, directly or indirectly, in particular by reference to such data or to an identification number (“Personal Data”).
Our Privacy Policy applies to all users and others who access the Websites https://vmk-group.com/ and https://vmkhealth.com/ (the “Websites”) and/or persons whose Personal Data we may process as a result of our business activities (”Users”). We also refer to such persons by “you” in the text.
For the purposes of the General Data Protection Regulation (EU) 2016/679 and applicable national legislation implementing the GDPR and, if applicable, the UK Data Protection Act 2018 and the UK GDPR (hereinafter collectively the “GDPR”), we are the data controller, unless otherwise stated. For the purposes of the Law of Ukraine “On protection of personal data”, we are the owner of Personal Data, unless otherwise stated.
PLEASE READ THE FOLLOWING PRIVACY POLICY FOR INFORMATION REGARDING THE WAYS AND PURPOSES FOR WHICH YOUR PERSONAL INFORMATION MAY BE PROCESSED CAREFULLY.
If you do not agree to the terms of this Privacy Policy, please do not access or use VMK Group Websites. If you wish to stop receiving VMK Group marketing materials then please click on the Unsubscribe button within the marketing email you have received from us.
The Websites may contain links to other websites not under our control. We are not responsible for other websites' information practices or content. You should always review the policies of third-party products and services to make sure you are comfortable with how they collect and use your information.
INFORMATION WE PROCESS
We collect Personal Data from you when you access and use our Websites, or when you contact us via the contact form. These include the following categories of Personal Data:
Information you submit
You may submit your Personal Data to us via the contact forms on the Website or other sources (such as your name, email address, telephone number, title, country, and company name (as the case may be)) to access various downloads, viewing specific content, subscribing to newsletters, registering for events and your preferences in receiving marketing from VMK Group and its third-party partners and your communication preferences, etc. We may also, subject to your consent, receive your contact information from the events you attended, organized by us or our partners. You will receive marketing and other communications from VMK Group if you have requested information from VMK Group or if you or your employer has purchased services from VMK Group.
Information collected through the Website(s)
When you access and use our Websites, we may, once we obtain your consent or under another legitimate basis, automatically process the following data:
- Web Logs. As is true with most websites and services delivered over the Internet, we may gather certain information and store it in log files when you interact with our Websites. This information may include internet protocol (IP) addresses as well as browser type, internet service provider, URLs of referring/exit pages, operating system, date/time stamp, the information you search for, locale and language preferences, identification numbers associated with your device, your mobile carrier, and system configuration information.
- Analytics information from Websites. We collect anonymized and aggregated analytics information when you use our Websites to help us improve our products and services.
- Google Analytics. Our Websites use Google Analytics, a web analytics service of Google Ireland Limited (Google Building Gordon House, 4 Barrow St, Dublin, D04 E5W5, Ireland). The use includes the "Universal Analytics" operating mode. This facilitates the assignment of data, sessions, and interactions across several devices to a pseudonymous user ID and, thus, the analysis of a user's activities across Websites. Please note that Google allows its users to opt out of Google’s personalized ads and to prevent their data from being used by Google Analytics.
- Cookies and other tracking technologies. We use cookies to enable the Websites functionality, make it easier for you to navigate our site, and help us with our marketing efforts. You can decide whether to accept or reject cookies other than essential cookies. You can manage your cookie preferences by clicking on the "Cookies Settings" or the equivalent button on our cookie banner. For more general information on Cookies, please visit http://www.allaboutcookies.org/. You can also change your browser's settings to delete already set cookies and not to accept new ones.
Other than as required by law, we do not collect any special categories of personal information about you (this includes details about your race or ethnicity, religious or philosophical beliefs, sex life, sexual orientation, political opinions, trade union membership, information about your health and genetic and biometric data). VMK Group will not collect any information about criminal convictions and offenses.
If you are providing information (including Personal Data) about someone else, you must have the authority to act for them and to consent to the collection and use of their Personal Data as described in this Privacy Policy.
HOW WE USE YOUR INFORMATION
We will handle your Personal Data using one or more of the following legal bases, depending on which features of our Websites or services you use:
- Contract. We use your Personal Data to fulfill our contractual obligations and provide the services to you, if you request us to do so.
- Consent. For example, after filling in the contact form (if applicable), we may ask you to permit us to process your Personal Data.
- Legitimate interest. We may process your Personal Data in relation to our interests in providing the services to you, our legitimate commercial interests, our interest in protecting the security and integrity of the Websites, and wider societal benefits, as allowed under the law.
- Legal obligations. We may be obligated to process some of your Personal Data to comply with applicable laws and regulations.
We use your Personal Data for the following purposes:
- To make our Websites available. We process information collected automatically to enable the functionality of the Websites, to improve your user experience and make the Website function.
- To provide you with the services you request through our Websites. This may include responding to your inquiries, providing customer support, and improving our Websites and services.
- To send you notifications and updates, including information about our products and services.
- To provide you with a personalized experience within our Websites. We use your Personal Data from different sources to discover your preferences and interests within our Websites, propose personalized content, and provide the best possible user experience.
- To send promotional communications. We use the contact information you provided to us to inform you about services, features, surveys, newsletters, offers, promotions, contests, and events and send updates about our services, provide other news or information about our selected partners and us that may be interesting to you, including by email, as permitted by law. In cases when we cannot refer to the legitimate interest basis according to applicable law, we will send you marketing communications only after you give us explicit consent to do so.
- To promote and market our Website and services. Upon your consent, we use information (including Personal Data) derived from cookies, and/or obtained from (or by) our marketing service providers or partners, to build our marketing strategy and advertise our services.
- To enable interest-based (behavioral) advertising or other targeted content. Upon your consent, we or our service providers may use your Personal Data for marketing purposes (to show ads that may interest you or others based on your preferences). Service providers we use may provide personalized content and information to you, including online ads or other forms of marketing.
- For internal business purposes. We use the information you submitted to us, information collected automatically, and information we obtained from third parties for data analysis, audits, conducting research, analysis, studies or surveys, and identifying usage trends solely for internal business purposes. If the results of such activities contain your Personal Data, we will anonymize or aggregate it before disclosing them.
- To keep basic data to identify you and prevent further unwanted processing, if you ask us to delete your data or to be removed from our marketing lists and we are required to fulfill your request.
- To comply with legal obligations and legal processes and respond to requests from public and government authorities, including public and government authorities outside your country of residence.
- To enforce the Websites Terms and Conditions, protect our operations, protect our rights, privacy, the safety of property, and/or that of you or others, and allow us to pursue available remedies or limit the damages that we may sustain. We may process your Personal Data according to our legitimate interest when we need to provide security and safety of data, protect our rights and fulfill our obligations before other people and entities.
The following purpose applies solely with regard to HR activities:
To conduct HR activities, ensure and perform our rights and obligations as an employer or a customer if you act as an individual contractor. We will use the employment information of Personal Data subjects for HR activities and, accordingly, within the business collaboration or employment relations, if such arises.
If we need to process your information for a specific purpose not clearly outlined in this Policy and not concerning our ability to provide you with all requested services, or a justified legitimate interest, we will ask you for consent while amending the list of purposes above.
Where required by law, we will only send you marketing communications if you consent to us doing so when you provide us with your Personal Data or if we obtain your consent to receive marketing information separately. You may opt out of receiving such emails by following the instructions in each promotional email we send you or, if this doesn`t work, by contacting us at info@vmk-group.com. We will continue to contact you via email regarding your use of our services and to respond to your requests only.
SHARING YOUR INFORMATION
General principles and prohibitions. We will only share your information with third parties in the ways described in this Privacy Policy. Without your permission, we do not share Personal Data with third parties for their marketing purposes (including direct marketing). We will not rent or sell your Personal Data to any third parties.
Personnel. We share your Personal Data only with our employees and contractors, agents, and auditors who need to know or otherwise access Personal Data according to their scope of professional responsibilities and who are bound in writing by confidentiality and other obligations sufficient to protect Personal Data under this Privacy Policy.
Protection measures. While integrating external services, we choose service providers that can assure they apply all necessary technical and organizational measures to protect users` personal data. However, we cannot guarantee the security of any information transmitted from us to any such processor due to technical accidents that may arise out of our reasonable control. Provided that we followed all demands of applicable personal data protection legislation, we are not responsible for any accidental loss or unauthorized access to your Personal Data through the fault of third parties.
Service providers and subcontractors. We occasionally engage outside businesses to process your Personal Data on our behalf. They are the “processors” of your Personal Data. Processors assist us in managing the services, facilitate our communication with you, and carry out other related tasks. To complete these objectives, they may process specific Personal Data on our behalf, acting under our instructions and subject to demands of applicable data protection laws. To the degree applicable legislation requires, we will execute data processing agreements with our processors and maintain responsibility for their actions.
We may engage the following third-party service providers to provide us with the necessary infrastructure for the delivery and improvement of our Websites and services:
- Processor`s name
Usercentrics A/S, Havnegade 39, 1058 Copenhagen, Denmark (Cookiebot)
Services
Cookie consent and management functionality
Data Processing Addendum
Data Processing Agreement
Purpose of sharing
To enable cookie preferences functionality for you - Processor`s name
Microsoft
Services
Email communication
Data Processing Addendum
Microsoft Products and Services Data Protection Addendum (DPA)
Purpose of sharing
To respond to your contact request and send communications to you - Processor`s name
Sinch Email
Services
Email communication
Data Processing Addendum
Data Processing Addendum
Purpose of sharing
To respond to your contact request and send communications to you
Processing for marketing and marketing analytics purposes
With your consent, we may share some of your Personal Data with our marketing and promotional service providers. We do this to market our Websites and services, to help new users find out about us, and to develop our business by increasing awareness about the services. These are processors we engage for the above purpose:
- Processor`s name
Google Ads service, (Google Inc.)
Services
Analytics/ad management services
Data Processing Addendum
Google Ads Data Processing Terms
Purpose of sharing
To conduct marketing analytics and research, to promote our services and place ads on Google
These lists may be amended or modified from time to time according to our business needs, on our sole discretion and without giving notice to you, but provided that such extension in sharing of your Personal Data do not require your consent as legal basis for processing. If so, we will ask you for consent while informing you of modifications for further processing.
Our Websites do not track your precise location data.
Business transfers, legal requirements, and protection of our rights
We may disclose your Personal Data if it is needed for objective reasons, due to the public interest, or in other unforeseen circumstances:
- to the extent permitted and as restricted by law, in response to subpoenas, court orders, or legal processes, including to meet national security or law enforcement requirements;
- when we believe, in good faith, that disclosure is necessary to protect our rights, protect your safety or the safety of others, investigate fraud, or enforce our agreements, policies, and terms of service;
- if we are involved in a merger, acquisition, or sale of all or a portion of our assets, you will be notified via prominent notice of any change in ownership or your personal information usage, as well as any choices you may have regarding your personal information.
Depending on the circumstances, we may rely on legitimate interest or legal obligation as a legal basis for the above processing activities.
YOUR PRIVACY RIGHTS
We are committed to giving you extensive privacy rights concerning your Personal Data, regardless of the nation or region you are from. This includes all individuals in the EEA, the UK, Switzerland, and Ukraine.
Your general privacy rights:
- The right of access. If you ask us, we will confirm whether we are processing your Personal Data and, if so, provide you with a copy of the personal data along with certain other details.
- The right to rectification. If your Personal Data is inaccurate or incomplete, you are entitled to ask that we correct or complete it. If we shared your Personal Data with others, we will tell them about the correction where possible.
- The right to erasure. You may ask us to erase your Personal Data in some circumstances, such as when we no longer need it, or you withdraw your consent. If we share your Personal Data with others, we will alert them to the need for erasure where possible.
- The right to restriction of processing. You may ask us to restrict or ‘block’ the processing of your Personal Data in certain circumstances, such as where you contest the accuracy of the data or object to us processing it (please read below for information on your right to object). We will tell you before we lift any restrictions on processing. If we share your Personal Data with others, we will tell them about the restriction where possible.
- The right to data portability. You have the right to obtain your Personal Data from us that you consented to give us or that was provided to us as necessary in connection with our contract with you, and that we processed with automated means. We will give you your Personal Data in a structured, commonly used, machine-readable format. You may reuse it elsewhere.
- The right to object. You may ask us at any time to stop processing your Personal Data, and we will do so:
- if we are relying on a legitimate interest to process your Personal Data – unless we demonstrate compelling legitimate grounds for the processing, or your Personal Data is needed to establish, exercise, or defend legal claims; or
- in certain circumstances, if we are processing your Personal Data for direct marketing purposes.
- The right to withdraw consent. If we rely on your consent to process your Personal Data, you have the right to withdraw that consent at any time, but this will not affect any processing of your data that has already taken place.
- The right to make a complaint with the data protection authority. If you have a concern about our privacy practices, including the way we handled your Personal Data, you can report it to the data protection authority that is authorized to hear those concerns.
YOUR CHOICES
You may access your Personal Data through our support by calling or emailing us, using the credentials specified on the Website. VMK GROUP UA, LLC will be responsible for responding to your requests, including under the GDPR and the local states data protection laws. Please bear in mind that we ensure the above-mentioned rights only with respect to the information that we physically access and store or if we have a technical opportunity to ensure your rights.
You may also opt out of receiving promotional communications from us by following the instructions in the communication or by contacting us.
INTERNATIONAL TRANSFERS OF PERSONAL DATA
We process information on servers in many countries around the world and you consent to your Personal Data being processed on a server located outside the country in which you reside. These countries may have data protection laws that are different from the laws of your country (and, in some cases, may not be as protective). However, VMK Group has taken appropriate safeguards to require that your personal information will remain protected under this Privacy Policy, including, utilizing the European Commission’s Standard Contractual Clauses for transfers of personal information between its group companies and service providers, which requires all group companies to protect personal information being processed from the European Economic Area to an equivalent standard to that required under European Union data protection law.
RETENTION
We generally retain your Personal Data for as long as is necessary to fulfill all the purposes stated in this Policy and to comply with our legal obligations. If you no longer want us to use your Personal Data that we physically access and store, you can request that we erase your Personal Data.
Even if you requested the erasure, some data may still be stored for a certain period (but no longer than the storage purpose requires) if the information is necessary to comply with legal obligations (taxation, accounting, audit), or to maintain safety and data backup settings, prevent fraud or other malicious acts, or keep your choices about privacy, for example, if you unsubscribe from our marketing communications.
CHANGES TO THIS POLICY
We may change this Privacy Policy from time to time. We will post any changes to this Privacy Policy on this page and we encourage you to check back regularly for any updates. Your continued use of our Websites and services after any changes have been made will indicate your acceptance of the updated Privacy Policy, unless your expressed consent is required according to applicable law.
CONTACT US
If you have any questions or concerns about our Privacy Policy, please contact us at info@vmk-group.com.
