Stand with Ukraine
The Administration of platform https://itomychstudio.com/ (hereinafter - Platform) agree that users of the Platform can be anywhere in the world and the Administration is always cooperative. In addition, we certify that we are respectful to your information and personal data protection; we honestly follow the requirements of current Ukrainian legislation.
Therefore, in order to ensure the effective protection of personal data, we have developed the following Privacy Policy (personal data processing) (hereinafter - the Privacy Policy). For the purposes of this Privacy Policy, the term " Personal Data" means any information relating to an identified or identifiable person, as further and in more detail defined in the relevant laws and regulations of Ukraine.
Please note that this Privacy Policy applies to all persons who interact with the Platform.
We recommend reading our Privacy Policy carefully and complying with its provisions while using the Platform. If you do not agree with its provisions, we ask you to withdraw from any interaction with the Platform.
If you continue to use the Platform, you confirm that you have accepted all the terms and conditions of the Privacy Policy on a full and unqualified basis.
Last Updated: 28/01/2022
PRIVACY POLICY (PERSONAL DATA PROCESSING)
1. PERSONAL DATA WE COLLECT
Inquiries to Administration: If you are a customer or prospective customer (or a representative or employee), we collect and process your Personal Data when you
- (i) visit the Platform or make a request to receive information about our services;
- (ii) contact our sales team or customer support team, and
- (iii) use our services.
The Personal Data we collect may include your first and last name, job title, company name, email address, mailing address, phone number.
Job Applicants. If you are applying for a job with us, we collect and process your job application information. Such information may contain Personal Data such as those in your resume that you send us through a Platform.
Information we collect through our social media pages. We have pages on social media sites like Facebook, Instagram and LinkedIn («Social Media Pages»). We may collect Personal Data from you when you interact with our Social Media Pages, such as the Facebook “like” button and other sharing widgets (“Social Media Features”). You may be given the option by such Social Media Features to post information about your activities to a profile page of yours that is provided by a third party social media network in order to share with others within your network.
To the extent the Social Media Features are hosted by the respective social media networks, the latter may receive information that you have visited our Platform from your IP address. If you are logged into your social media account, it is possible that the respective social media network can link your visit of our Platform with your social media profile.
Please note that our interactions with Social Media Features are governed by the privacy policies of the companies providing the relevant Social Media Features.
Information we receive from your use of the Platform. When you visit, use and interact with the Platform, we may receive certain information about your visit, use or interactions. For example, we may monitor the number of people that visit our Platform, peak hours of visits, which page(s) are visited on our Platform, the domains our visitors come from, and which browsers people use to access and visit our Platform (e.g., Firefox, Microsoft Internet Explorer, Opera, Google Chrome etc.), broad geographical information, and Platform-navigation pattern. In particular, the following information is created and automatically logged in our systems:
Information about your device (computer, tablet, smartphone) and the user’s activities. This includes:
- - Preferences and settings: time zone, language, and character size.
- - Identifiers: IP address.
- - Technical information: type of device, operating system name and version, device manufacturer, browser information (type, version), screen resolution.
- - Coarse geographic information: geographic location derived from the IP address.
Traffic data that includes the following components:
- - Information about use of the Platform: date stamp, URL of the visited page, URL of the last webpage visited before visiting our Platform and its pages, Cookie.
- - History of interaction with our Platform and its pages: pages viewed, time spent on a page, click through, clickstream data; queries made, search history, search results selected; comments made, type of service requested.
Personal Data and information provided to us through the form or questionnaire of the Platform which depending on the circumstances may include:
- - Any correspondence that is created on the basis of the user's request to the Administration.
- - First and Last Name.
- - Telephone number.
- - Email address.
- - Information about the used browser.
- - Other data required by the Administration to fulfill the obligations under the contractual relationship and the requirements of applicable law.
We do not collect data that is particularly sensitive (such as genetic data; biometric data; data revealing racial or ethnic origin, political views, sex life, sexual orientation, religion or other beliefs; data on health, criminal history or union membership).
2. HOW WE USE INFORMATION AND PERSONAL DATA
We use Personal Data and information collected by the Platform for the following purposes:
As necessary for certain legitimate business interests, which include the following:
- - To respond to inquiries, comments, feedback or questions;
- - To find employment opportunities for you as job applicants in our team;
- - To send information to you, for example, information about the Platform and changes to our terms and policies;
- - To analyze Platform usage and provide, maintain and improve the content and functionality of the Platform. We use Cookies and similar technologies to analyze how users interact with our Platform. And that analysis can help us improve the Platform;
- - To conduct analytics to inform our marketing strategy and enable us to enhance and personalize the experience we offer to our customers;
- - To prevent fraud, criminal activity, or misuses of our Platform and to ensure the security of our IT systems, architecture and networks;
- - To comply with legal obligations and legal process and to protect our rights, privacy, safety or property of our customers, or other third parties; and
- - To provide services to customers and to support the proper economic business management.
If you ask Administration to delete your data - we are required to fulfill your request. We will keep basic data to maintain a record of your request, our response to it and use that data to prevent further unwanted processing.
Marketing.
We may contact you to tell you about services or events we believe will be of interest to you. For instance, if you elect to provide your email or telephone number, we may use that information to send you special offers. Affording us any information about your email or telephone number you give us your consent prior to sending you marketing communications.
You may opt out of receiving emails by following the instructions contained in each promotional email we send you. In addition, if at any time you do not wish to receive future marketing communications, please contact us. If you unsubscribe from our marketing lists, you will no longer receive marketing communications but we will continue to contact you regarding our Platform and services and to respond to your requests.
3. SHARING AND DISCLOSURE OF INFORMATION
Service Providers: we authorize the Administration’s service providers and partners to use or disclose the information only as necessary to perform services for the Platform’s users or to provide functionality of Platform (for example, to enhance the security of the Platform).
To assist us in meeting business operations needs and to perform certain services and functions, we may share Personal Data with providers of hosting, marketing, and sales/customer relationship management services. Pursuant to our instructions, these parties will access, process or store Personal Data in the course of performing their duties to us.
Legal Requirements: if required to do so by law or in the good faith belief that such action is necessary to
- (i) comply with a legal obligation, including to meet national security or law enforcement requirements,
- (ii) protect and defend our rights or property,
- (iii) prevent fraud,
- (iv) act in urgent circumstances to protect the personal safety of users of the Platform, or the public, or
- (v) protect against legal liability.
Cross-border transfer of Personal Data by the Administration is not carried out in the absence of appropriate guarantees for their preservation.
4. COOKIES AND OTHER TECHNOLOGIES
We use Cookie. Cookies are small text files in which Personal Data can be stored. You can control the use of Cookies at the level of a separate browser, however, we emphasize that disabling Cookies may limit the use of our Platform’s functionality.
Please find below the links to the log off procedure of Сookie in the most common and used browsers:
We use Cookies that are collected from the beginning of your visit to the Platform until the end of their estimated retention period.
Such Cookies can be divided into the following categories:
Basic Cookies – provide usability of the Platform, allowing implementing basic navigation functions. The Platform cannot function properly without these Cookies, so it is impossible to disable them.
Statistical Cookies - help determine the order in which users interact with the Platform by collecting and processing anonymised data. Google Analytics Cookies are also statistical.
Marketing Cookies - used to track the movement of users on sites. The purpose of such actions is to display advertisements that are updated for specific users (target audience), which, in turn, increases the value of the information collected for publishers and third-party advertisers. Marketing also includes Facebook Pixel Cookie.
For more information about Cookies, see the following table:
| Type of Сookie | Who use Сookie? | Log off procedure of Сookie |
|---|---|---|
| Marketing/Statistical | Google Analytics | https://policies.google.com/privacy?hl=en |
| Marketing/Statistical | https://www.linkedin.com/legal/cookie-policy?trk=%7Berror-page%7D-cookie-policy | |
| Marketing/Statistical | https://www.facebook.com/policies/cookies/ | |
| Marketing | Google AdWords | https://policies.google.com/privacy?hl=en |
5. SECURITY
We implement reasonable technical and organizational measures to protect Personal Data and information from loss, misuse, and unauthorized access, disclosure, alteration or destruction.
However, no Internet or e-mail transmission is ever fully secure or error free. In particular, e-mail sent to or from us may not be secure. Therefore, you should take special care in deciding what information you send to us by such communication channels. Please keep this in mind when disclosing any Personal Data to Administration by the Internet.
In addition, we are not responsible for circumvention of any privacy settings or security measures contained on the Platform or third party websites.
6. DATA RETENTION
We keep Personal Data for as long as reasonably necessary for the purposes described in this Privacy Policy, while we have a legitimate business need to do so, or as required by law (e.g. for tax, legal, accounting or other purposes), whichever is the longer.
If you have elected to receive marketing communications from us, we retain information about your marketing preferences until you opt out of receiving these communications and in accordance with our Privacy Policy.
To determine the appropriate retention period for your Personal Data, we will consider the amount, nature, and sensitivity of the Personal Data, the potential risk of harm from unauthorized use or disclosure of your Personal Data, the purposes for which we use your Personal Data and whether we can achieve those purposes through other means, and the applicable legal requirements. In some circumstances, we may anonymize your Personal Data so that it can no longer be associated with you, in which case it is no longer Personal Data.
Any Personal Data we process within the framework of concluded agreements is retained in accordance with the timeframes set out in the relevant agreements.
7. USER’S RIGHTS RELATING TO PERSONAL DATA AND INFORMATION
You have certain rights relating to your Personal Data and information, subject to Ukrainian data protection laws.
You are entitled to
- - access, correct, update or request deletion of your Personal Data and information held by us, taking into account the purpose of processing the Personal Data and to the extent permitted by applicable Ukrainian data protection laws.;
- - restrict our processing of your Personal Data in certain circumstances, such as where you contest the accuracy of the data or object to processing of your Personal Data.
- - opt-out of marketing communications we send you at any time. You can exercise this right by clicking on the “unsubscribe” or “opt-out” link in the marketing e-mails we send you. To opt-out of other forms of marketing (such as postal marketing), then please contact us at the “Contacts” section below.
- - request portability of your Personal Data that you consented to give us or that was provided to us as necessary in connection with our contract with you, and that is processed by automated means.
- - withdraw your consent to process your Personal Data at any time. Withdrawing your consent will not affect the lawfulness of any processing we conducted prior to your withdrawal.
Please use the information provided in the section "PERSONAL DATA PROTECTION PERSON" of this Privacy Policy to enforce your rights.
8. PERSON RESPONSIBLE FOR DATA PROTECTION
If you have any questions, suggestions or comments about Personal Data and its processing as a result of using the Platform or communicating with Administration - you can always contact the Personal Data Protection Person -
- _________________________________(full name).
- Mailing address:____________________________________________________.
- Email address: _______________________________________________.
- Phone number: _______________________________.
PUBLIC OFFER AGREEMENT for the provision of services by purchasing a ticket
Kharkiv, the version on the 1st of June 2021
1. DEFINITION OF TERMINOLOGY
1.1. «Contract» (Offer) - is this public contract (offer) addressed to any person regardless of its status (a capable individual, a legal entity, a private entrepreneur), published on the website https://itomychstudio.com.
1.2. «Contractor» - is a private entrepreneur Tomych Ihor Volodymyrovych, acting based on an entry in the Unified State Register of Legal Entities, Private Entrepreneurs and Public Associations № 24800000000079384 dated 14.05.2007, which provides Services.
1.3. «Customer» - is a natural and/or legal person (natural person-entrepreneur) who by accepting the Offer receives the Services.
1.4. «Electronic ticket» - is a document in electronic and digital form, confirming the conclusion of the Agreement between the Customer and the Contractor and containing information such as cost, name of the Event, place, date, and time, as well as other additional legal or technical information, and which confirms the right of the Customer to visit (pass, view, listen) once the Event, which is automatically received by the Customer by email specified by him/her when registering on the website https://itomychstudio.com after crediting the funds to the current account of the Contractor.
1.5. «Services» – are services for the organization and holding of conferences, seminars, training, lectures, workshops, etc. of learning, cultural, educational nature, provided to the Customer by the Contractor within the framework of the Event.
1.6. «Acceptance» – is a complete and unconditional response of the person to whom the offer is addressed, about its acceptance. If the person who received the offer, within the period established for its acceptance, takes actions to fulfill the conditions of the Agreement specified in it (in particular, payment for Services), that is considered as acceptance of this Offer.
1.7. «Order» – is the Event chosen by the Customer, for which the Customer wishes to purchase a ticket, for which the Customer: agrees with this Offer in full, chooses among the available Events for sale and the method of payment for the Electronic Ticket; and concerning which the Customer receives confirmation from the Contractor of the cost of the Electronic Ticket, the possibility of its booking/reservation/purchase, and made such a booking/reservation/payment.
1.8. «Event» – is classes, training, master class, lecture, seminar, workshop, meeting, conference, or another set of actions aimed at organizing the provision of Services. Visiting the event is possible only after presenting an Electronic ticket. The name, place, date, and time of the Event are indicated in the Electronic Ticket.
1.9. «Establishment» – is the premises where the Events are held.
1.10. «Nominal price of the Electronic Ticket» – is the cost of the Contractor's Service.
1.11. «Electronic Ticket Price» – is the total amount of the Nominal Price of the Electronic Ticket and the payment system commission.
2. GENERAL PROVISIONS
2.1. This Agreement is an open proposal (offer), which regulates the relationship between the private entrepreneur Tomich Igor Vladimirovich , acting based on an entry in the Unified State Register of Legal Entities, Private Entrepreneurs and Public Associations № 24800000000079384 dated 14.05.2007 on the one side, and the user of services regardless of its status (a capable individual, a legal entity, a private entrepreneur).
2.2. This Agreement defines the conditions under which the Customer by purchasing an Electronic Ticket through the website may purchase the Services provided by the Contractor.https://itomychstudio.com.
2.3. The result of the purchase of the Electronic Ticket by the Customer is the conclusion of the Contract between the Contractor and the Customer for the provision of the Contractor's Service, which is specified in the Electronic Ticket. The Electronic Ticket is a confirmation of the Contractor's obligation to ensure the Customer's admission within the terms and place of the Event specified in the Electronic Ticket for the Customer to consume the Service.
2.4. This Agreement is public following Arts. 633 and 641 of the Civil Code of Ukraine, has due legal force, and in case of acceptance by the Customer of the terms outlined in this Agreement, the Customer becomes a party to the Agreement and undertakes to comply with all its terms.
2.5. The fact of payment for the ordered Services on the website by the Customer means the full and unconditional acceptance of the terms of this Agreement, and confirms the conclusion of the Agreement on the proposed terms (acceptance of the Offer).https://itomychstudio.com.
2.6. This Agreement shall enter into force upon posting on the website and shall be valid indefinitely. The Contractor has the right at any time to unilaterally change the terms of this Agreement without further notice to the Customer. The place of concluding this Agreement is the location of the Contractor.https://itomychstudio.com.
3. SUBJECT OF THE AGREEMENT
3.1. Following the terms of this Agreement, the Contractor undertakes to grant the Customer the right (access) to visit the Event and consume the Services, and the Customer undertakes to pay the Contractor the cost of such Services.
4. TICKET ORDERS AND PAYMENT PROCEDURE
4.1. Electronic tickets are ordered, and the Customer accepts the terms of this Agreement by going through the appropriate procedure, which consists of the following mandatory steps:
4.1.1. Registration in the personal account on the website https://itomychstudio.com.
4.1.2. Selection by the Customer of a specific Contractor's Service, Electronic Ticket for which he wishes to purchase, and which is in the sale of the Contractor (i.e. which is not reserved, not booked, and not sold at the time of ordering);
4.1.3. Ordering;
4.1.4. Order payment in non-cash form using the payment system selected by the Contractor in full. Payment is considered made at the time of receipt of funds by the Contractor to his current account or at the time of receipt by the Contractor from the payment system operator of electronic transaction confirmation, subject to further crediting funds in the amount of the ordered Electronic Ticket to the Contractor's bank account. When paying with the help of the payment system, a separate fee for settlement and cash service, which is not included in the Nominal Price of the Electronic Ticket, may be charged from the Customer to the payment system operator.
4.2. After successful payment of the Order, the e-ticket is automatically generated to the email of the Customer, specified by him/her when registering in the personal account on the website https://itomychstudio.com.
4.3. Purchase of the selected Service is considered acceptance of this Offer, i.e. confirmation of the Customer's full agreement with the terms of the Contractor. By making such confirmation, the Customer hereby fully and unconditionally confirms that he has timely and preliminarily received the necessary, accessible, reliable, and unambiguous information provided by the Law of Ukraine “On Consumer Protection” on Contractor Services, which allows their conscious and competent choice, and such information is completely clear to him/her, acceptable and sufficient in form and volume.
4.4. At the time of execution and payment of the Order, the Contract for the provision of Services is concluded between the Contractor and the Customer. The Customer (or a third party, in case the Customer agrees in favor of a third party) may receive the Contractor's Services by presenting a valid Electronic Ticket for control at the entrance to the Institution where the Event will take place;
4.5. The Contractor undertakes to ensure the pass of the Customer, who will present a valid Electronic Ticket to the Event at the entrance to the Institution to receive the Contractor's Services, provided that such Customer complies with the Rules of Stay at the Event. An Electronic Ticket purchased by the Customer in the manner provided for in this Offer is considered valid, provided that it will not be used (redeemed) or if it is not canceled and returned for sale.
5. RIGHTS AND OBLIGATIONS OF THE PARTIES
5.1. The Customer is obliged to:
5.1.1. Read this Offer in detail before purchasing the Electronic Ticket;
5.1.2. When ordering, provide complete, accurate, and reliable information. The Customer acknowledges that he/she is fully responsible for the data provided by him/her during the execution of the Order;
5.1.3. Pay for the Order in full and on time (otherwise, the Order may be canceled);
5.1.4. Provide the authorized persons of the Contractor with an Electronic Ticket and, if necessary, identity documents before visiting the Event for control.
5.1.5. Follow the Rules of Staying at the Event.
5.2. The Customer has the right:
5.2.1. In the cases, under the conditions and in the manner prescribed by this Offer, to return the purchased Electronic Ticket and demand a refund of the Nominal Price of the Electronic Ticket.
5.3. The Contractor is obliged to:
5.3.1. Provide the Customer with the necessary information about the Events;
5.3.2. Provide the Customer with the Service at the place and time specified in the Electronic Ticket.
5.4. The Contractor has the right:
5.4.1. To require the Customer to properly and accurately comply with the terms of this Offer, as well as the Rules of stay at the Event.
5.4.2. In case of refusal of the Customer to accept this Offer on the conditions stated in it, to refuse to the Customer in sale to him/her the Electronic ticket and in providing the services.
5.4.3. Change prices for non-ordered (non-reserved) and unpaid e-tickets.
5.4.4. Modify this Offer or terminate it unilaterally. Modification or suspension of this Offer does not apply to orders placed before such changes, which were accepted for execution.
6. Agreement termination and refund
6.1. The Order is considered canceled on the initiative of the Customer and obligations of the parties of the agreement between the Contractor and the Customer Agreement for services are considered terminated if:
6.1.1. The Customer did not pay the cost of the Electronic ticket during the period set by the payment system;
6.1.2. The Customer did not arrive at the Establishment at the scheduled time of the Event and/or violated the Rules of Stay at the Event, in connection with which he/she was not allowed in the Event, or was removed from the Establishment by authorized persons until the end of the Event.
6.2. The Order in part 3.1. of this Offer, namely the Service Agreement is considered canceled at the initiative of the Contractor, and the obligations of the parties to the Service Agreement concluded between the Contractor and the Customer terminated if:
6.2.1. The Contractor canceled the Event (which he announced openly and publicly in the manner chosen by the Contractor);
6.2.2. The Contractor did not actually hold the Event at the place and time specified in the Electronic Ticket, as a result of which the Customer, who arrived on time at the Establishment where the Event was to take place, could not receive the Service ordered by him/her due to the Contractor;
6.2.3. After purchasing the Electronic Ticket by the Customer, the Contractor postponed the date of the Event or made other changes to the Event specified in the Electronic Ticket, which he announced openly and publicly in the manner selected by the Contractor;
In the cases provided for in paragraph 6.2. of this Offer, the Customer who has not received the Service has the right to demand from the Contractor a refund of the Nominal Price of the Electronic Ticket. The cost of the payment system fee is non-refundable.
In no other case, the funds received by the Contractor as a payment for the cost of the Electronic Ticket shall be returned to the Customer.
7. INTELLECTUAL PROPERTY
7.1. All personal intangible intellectual property rights to objects created and used by the Contractor during the Events, namely:
1) the right to recognize the creator (author, performer, inventor, etc.) of the object of intellectual property rights;
2) the right to prevent any encroachment on the intellectual property right, capable of damaging the honor or reputation of the creator of the object of intellectual property rights;
3) other personal intangible intellectual property rights established by law,
as well as all intellectual property rights to objects created and used by the Contractor during the Events (hereinafter — Intellectual Property Rights), namely:
1) the right to use the object intellectual property rights;
2) the exclusive right to allow the use of the object of intellectual property rights;
3) the exclusive right to prevent the misuse of the object of intellectual property rights, including to prohibit such use;
4) other intellectual property rights established by law. belong to the Contractor from the moment of creation of such objects.
7.2. The Contractor grants the Customer a limited, non-exclusive, revocable, and non-sublicensing license for the use of materials provided during the Event.
7.3. By granting the right to use the objects of intellectual property rights to the Customer, the Contractor does not transfer any intellectual property rights of such objects and does not grant permission for their use for purposes other than those specified in the Agreement.
7.4. Access to materials and any other intellectual property used by the Contractor during the Events is provided to the Customer exclusively for personal non-commercial use without the right to distribute any content on the Internet, as well as without the right to any other use, not provided for in this Agreement, including the sale, modification, distribution in whole or in part (elements).
7.5. All Intellectual Property Rights on the website https://itomychstudio.com belong to the Contractor.
8. PERSONAL DATA
8.1. Following the Law of Ukraine “On Personal Data Protection” № 2297-VI of 01.06.2010, the Customer recognizes and agrees to provide the Contractor with their personal data in the process of ordering, such as surname, name, contact phone number, and email address.
8.2. By providing such personal data, the Customer grants the Contractor an indefinite, irrevocable, and gratuitous right to process them in any way, including, but not limited to, by collecting, accumulating, possessing, storing, adapting, modifying, renewing, using, and distributing, depersonalizing, destroying such personal data.
8.3. If the Customer provides personal data to the Contractor when placing an Order, the Customer hereby confirms that he has previously received from such persons the appropriate permission for their transfer, indefinite storage, use, and processing of such data by the Contractor.
8.4. The Customer grants the Contractor the right to process his/her personal data in connection with the provision to the Customer of the Services specified in this Offer, including to receive Customer advertising notices about the Event, Electronic Ticket purchased by the Customer and/or other Contractor's Activities.
8.5. The personal data provided by the Customer will be processed and used by the Contractor for the period necessary for the latter to fulfill its obligations under the Agreement.
9. LIABILITY OF THE PARTIES AND DISPUTE CONSIDERATION
9.1. The Contractor shall be liable to the Customer for failure to provide or improper provision of Services within the framework of the concluded Service Agreement.
9.2. Improper provision of the Services is their provision contrary to the conditions specified in the Order and reflected in the purchased Electronic Ticket. In this case, the Contractor's liability to the Customer is limited to the Nominal value of the Electronic Ticket purchased to receive such Services.
9.3. The Contractor shall not be liable for non-compliance of the quality of the Services with the subjective expectations of the Customer, which are not stipulated in this Offer and are not specified in the Electronic Ticket. The Customer understands and agrees that his/her emotional and other impressions of the received Service may not meet or coincide with his/her subjective expectations, and therefore such discrepancies and disparities are not considered as the improper provision of the Services.
9.4. The parties shall not be liable for non-performance of their obligations if this is the result of force majeure, which could not have been foreseen and avoided. Such circumstances include public riots, rallies, protests, strikes, hostilities, state of emergency, natural disasters, epidemics, power outages, computer equipment (including due to computer viruses, lack of Internet connections, etc.), networks, communication channels, etc. In this case, if the Contractor held the Event for which the Customer purchased the Electronic Ticket, but the Customer was unable to enter the Event due to force majeure, illness, fear, or delay, which gave the Contractor the right not to allow the Customer to the Event, or other reasons, which do not depend on the Contractor, the Contract for the provision of Services is considered duly performed, and the Nominal price of the Electronic Ticket is not returned to the Customer (not reimbursed).
9.5. Any disputes between the Parties must be resolved under the procedure of pre-trial settlement of the dispute by sending a written claim. All and any disputes between the Contractor and the Customer, which will arise from the Contract for the provision of Services, will be resolved in court following the laws of Ukraine.