PRIVACY POLICY
PUBLIC OFFER AGREEMENT
PUBLIC OFFER AGREEMENT
on provision of advisory and informational services
Limited Liability Company UP University (hereinafter referred to as the “Contractor”), represented by the company’s CEO Nekrasov Andreii, acting under Charter, offers to the unlimited number of individuals (hereinafter referred to as the “Client”, jointly referred to as the Parties), to conclude the Agreement on provision of advisory and informational services by publishing the present Public Offer Agreement (hereinafter referred to as the “Agreement”). According to articles 633, 634, 641, 642 of the Civil Code of Ukraine, the present agreement is a public agreement of adhesion, and its terms are similar for all the Clients.
For the purposes of the present Agreement the following definitions and terms are used with the following meanings:
Client - an individual, who has reached 18 years old, acquired full legal capacity, registered on the Site and joined this Agreement by paying for the Services.
Advisory-informational services (hereinafter referred to as the “Services”) are the
- services of coaching according to the ICF (International Coaching Federation) definition of coaching. Coaching services do not include those of psychotherapy, including services of psychological counseling or training (hereinafter referred to as the Services);
- psychological counseling.
Coach - is an individual who has full legal capacity, reached 18 years old, took coaching training under the ICF standards (International Coaching Federation). During coaching sessions a coach agrees to use the ICF Core Competencies and takes responsibility to abide by the ICF Code of Ethics.
Coaching - is a process built on partnering, that stimulates clients’ reflection (exploration) and creative process to inspire them to maximum unleash their potential (both personal and professional).
Coach's Code of Ethics – a document adopted by the ICF (visit the official website https://coachfederation.org/ethics/code-of-ethics) that defines the fundamental moral and ethical guidelines and standards of a Coach in accordance with the key values and ethical principles of the ICF that are to be accepted by a Coach and undertaken to abide by (hereinafter referred to as - the Code).
Coach competencies - is a system of knowledge, skills, and abilities defined by the ICF (visit the official website https://coachfederation.org/credentials-and-standards/core-competencies) for its members' certifications that are to be used by coaches in the course of their activities.
Personal account - is a personal part of the Service, not available for public display, accessed by the User by entering his personal identification data.
Specialist - is a person, performing, on behalf of the Contractor, coaching activity under International Coaching Federation standards or psychological counseling as one of the types of psychological help for the Client.
Psychologist – is an individual having full legal capacity, who reached 18 years old, has a high education or undertook a re-qualification on psychology, renders assistance and counseling to the Clients on different issues (emotional, personal, social, and etc.) without writing any medical prescriptions.
Psychological counseling (consultation with the psychologist) - is one of the types of psychological assistance aimed to help the Client solve his emotional, personal, social and other problems, realize and change inefficient models of behavior for making important decisions, solving emerging challenges, reaching the goals set, living in harmony with themself and the world around.
- Site - a website located in the Internet at the address https://my.on.support/ that allows to choose a coach and/or a psychologist from the specialists database offered and to interact with such specialists. .
1. SUBJECT OF THE AGREEMENT AND GENERAL PROVISIONS
1.1. According to the terms of the present Agreement the Contractor provides advisory-informational services of coaching and/or services on psychological counseling to the Client, and the Client undertakes to pay for them in the amount and according to the requirements hereof.1.2. The present Agreement is conveyed publicly to the unlimited number of individuals by its being published on the site https://on.support/
1.3. In accordance with the article 642 of the Civil Code of Ukraine, the payment for the Services made by the Client is considered to be a full and unconditional confirmation of acceptance of all the terms and conditions (without any exceptions) hereof.
1.4. This Agreement enters into force from the moment of:
- correct filling out the application form for getting the Services;
- paying for the Services by the Client without signing written copies of the Agreement by the Parties.
2. THE ORDER OF SERVICE PROVISION
2.1. To have the ability of getting Services hereunder the Client has to register on the Site by filling out the registration form and providing the following data:- first and last name
- email address;
- telephone number.
While registering it’s forbidden to use third person data.
2.2. After the registration aimed at getting Services hereunder the Client chooses a specialist - a coach and/or a psychologist for further work from a database on the site, fills out an application and makes payment for the Contractor’s Services.
2.3. Services are provided to the Client on an advance-payment basis for the chosen package of sessions with a coach and/or a psychologist.
2.4. The Contractor has the right to offer the Client to run the first chemistry session with a certain specialist free of charge.
2.5. To provide Services hereunder the Contractor has the right to attract specialists of the required qualification. At the same time Services in the form of running sessions are performed by specialists themselves: a coach and/or a psychologist, and the Contractor only provides a technical possibility of choosing a specialist and organizing sessions. Specialists engaged are not in labor relationships with the Contractor and the Contractor only is responsible for the specialists having a required qualification.
2.6. Neither a Contractor nor a specialist-psychologist renders any medical services, nor issues any certificates or recipes, nor prescribes any medicines. The Contractor and a specialist-psychologist don’t provide any therapeutic or any other medical practice.
2.7. Duration of a session with the Contractor’s specialist makes 50 minutes. Sessions between the Client and a specialist are run at the agreed time in the video-format via Skype, zoom, viber or etc.
2.8. The date and the time of each session is defined by means of choosing from the time slots/options provided by each specialist and/or individually agreed with each specialist in personal correspondence on the service.
2.9. The scope and format of services, terms of provision and other characteristics of services are specified in each profile of a separate specialist.
2.10. Both a client and a specialist have the right to refuse from further fulfillment of the Agreement. The refund for the not utilized sessions is performed based on paragraph 3.5. hereof.
2.11. The peculiarity of the agreement obligations performance hereunder is absence of the guaranteed result since the useful effect depends not only on the Contractor’s professional specialists but also on the Client’s personal characteristics.
2.12. After all the sessions have been run by the Contractor’s specialists and Services rendering has been completed the parties don’t conclude and sign the services act.
2.13. Services are considered to be provided properly and accepted by the Client in full if within 3 working days from the moment of services completion the Contractor didn’t get any proved written objections on quality of the services rendered at his email address specified in the contract. The absence of any written remarks within the specified term is considered to be the acknowledgement of the fact that the services were rendered with a proper quality.
3. COST OF SERVICES AND PAYMENT PROCEDURE
3.1. The cost of services (not depending upon the format of the session) is defined in UAH, is indicated in each specialist profile on the Site and is defined based on the cost of one session with the Contractor’s specialist. The price for one session is from 870 UAH (eight hundred seventy hryvnias) excluding VAT, that is equivalent to 30 (thirty) US dollars at the moment of the Agreement publishing. In case the USD rate changes the cost of one session is defined according to the rate at JSC “UKRSIBBANK” as of the moment of payment for the session.3.2. To start the process of services providing the Customer has to perform a 100% prepayment by means of money transfer to the Contractor.
3.3. The payment for the services is performed in a non-cash form
- by paying the invoice in a bank institution;
- by making an internet-payment (with the help of Wayforpay or any other paying systems that allow to make payments with the help of Visa and Mastercard cards). In this case payment is regulated additionally by the rules of the paying service Wayforpay or any other paying systems, the Client’s and the Contractor’s banks.
The contractor doesn’t perform processing of operations on bank cards. In case of mistakes or payment rejections the Client must refer to the bank or to the representative of a paying system that is used for making a payment.
It’s mandatory that the Client’s full name should be indicated in the line “Payment purpose” of the internet-payment or a bank payment document.
3.4. The cost of services doesn’t include any commissions taken by banks or paying systems for payment processing. Commission expenses the Client pays additionally.
3.5. The services are considered to be fully paid at the moment of crediting the full cost of services to the Contractor’s account.
3.6. Any payment made on the Client’s behalf using their personal data or payment means is considered to be made by the Client.
3.7. In case of unilateral termination of the Agreement in accordance with paragraphs 4.1.8-4.1.9., 4.3.2, 4.3.5. and 4.4.8 hereof, the money funds will be returned to the Client upon his written claim excluding the cost of the sessions held and 10% of the cost of each non-run session (a tax and banking acquiring). The funds are to be returned by the way of a money transfer to the Client’s bank account or bank card. Money funds for the sessions held are non-refundable.
3.7. The Contractor has the right to change prices for the Services rendered unilaterally. The cost of the package of sessions paid by the Client is fixed and is non-changeable till the moment of all the sessions paid having been held.
3.8. The client independently bears the responsibility for correctness and timeliness of the payments made by them.
4. RIGHTS AND OBLIGATIONS OF THE PARTIES
4.1. The Client’s has the right to:4.1.1. Choose any specialist from the specialists database on the Site for getting the Services from the Contractor.
4.1.2. Get qualitative professional services from the Contractor in the scope and in the manner determined by this Agreement and by the requirements stipulated in the ICF Ethical Code and ICF Core Competencies.
4.1.3. Use the Contractor’s Site to choose a specialist, to pay for the Services and to communicate with the chosen specialist.
4.1.4. Reschedule the session time without any penalties and fines by notifying the Contractor not later than 24 hours before the time of the session.
4.1.5. Count on confidentiality and non-disclosure of the information received by the Contractor and its specialists from the Client during providing the services hereunder.
4.1.6. In case of detecting the violations of the ICF Ethical Code norms by a Coach, the Client is entitled to refer to the International Coaching Federation or one of its divisions.
4.1.7. Utilize the information and materials received as a result of getting services from the Contractor for personal purposes and for personal use only.
4.1.8. Prematurely and unilaterally refuse to execute the current Agreement that entails the termination of the services provision by the Contractor. Such termination is possible by sending a written notification to the Contractor’s specialist not later than 4 (four) days before the date of the following session.
4.1.9. In case of the Agreement early termination the Client is entitled to claim the money refund for non-held sessions from the Contractor in accordance with paragraph 3.7. hereof.
4.2. The Client is obliged to:
4.2.1. Pay for the Services provision by the Contractor according to the cost of the package of sessions chosen and in accordance with the terms and conditions hereof.
4.2.2. To follow the Contractor’s specialists recommendations, in particularly, when it comes about the sessions with the specialist-psychologist:
- to describe situations, circumstances, one’s state, perception, and worries in details;
- to give clear, direct and sincere answers to the questions asked by the specialist;
- to do home-tasks related to solving the Client’s problem situation.
4.2.3. To treat the specialist providing services respectfully both in written communication and during sessions, not to humiliate their honor, dignity and business reputation.
4.2.4. To come to the consultation at the appointed time. In case of the Client being late the specialist can wait for them for 10 minutes and the time of late coming is excluded from the session duration. In case of the Client being late for more than 10 minutes without a 24-hour prior notice or in case of rescheduling the session by the Client later than 24 hours before it, the session is considered to be held and should be paid in full unless otherwise is agreed by the Parties.
4.2.5. In case of claims to the session held the Client is obliged not later than 1 work day from the moment of the end of the session to send the Contractor a reasoned objection in the form of a written notice. In case of absence of a reasoned written objection to the session, it is considered to be held and the Service - to be rendered.
4.3.3. The Contractor has the right to:
4.3.1. Be paid for the Services under the cost of the package of sessions chosen by the Client and in accordance with the terms and conditions hereof.
4.3.2. The Contractor or its specialist (a coach and/or a psychologist) has the right to refuse the Client in further service provision in case of the Client’s disrespectful communication with the specialist; inappropriate, immoral and antisocial behavior; in case of establishing that the client is the patient of a psychiatrist or has disability or mental retardation of a different degree of reduction of intelligence as well as in case if the Client is under-aged.
4.3.3. To enter amendments herein. The Client is considered to be informed about the changes in the Agreement from the moment of the first payment after publishing the amended version of the Agreement on the page https://on.support/legal/.
4.4. The Contractor’s is obliged to:
4.4.1. Provide the Client quality and professional Services in the scope and on the terms and conditions hereof.
4.4.2. Provide the Client feedback on all the questions as regards to the Services provision.
4.4.3. While rendering services the Contractor’s specialists-coaches are obliged to act in accordance with the ICF Ethical Code and the ICF Core Competencies.
4.4.4. The Contractor with the help of its specialists is obliged to communicate to the Client and to agree with them the process of coaching and psychological consultations, the terms and the borders of confidentiality, financial arrangements and other terms of the Parties cooperation.
4.4.5. The contractor is obliged to keep confidentiality about the circumstances that became known to the Contractor and its specialists in connection with the current Agreement execution, including information:
- about providing the Client services within the current Agreement;
- about the content of the coaching sessions and consultations with the psychologist;
- about the Client’s contact details: phone number, mobile phone number, email, Skype, passport details, etc.
4.4.6. To provide a safe collection, processing and keeping of the Client’s personal data according to the legislation requirements.
4.4.7. The Contractor and its specialists are entitled not to comply with the Privacy Policy terms and conditions and to refer to the relevant state authorities in cases stipulated by the current legislation of Ukraine including but not limited to the cases of the Client’s illegal activity, based on a court decision and/or notice to appear, in cases of risks of threat to own self or people around. By signing the terms and conditions hereof, the Client confirms their consent with the given limitations of the confidentiality terms stipulated by the current Agreement.
4.4.8. The Contractor is obliged to track risks of conflicts of interests and potential conflicts of interests, to openly discuss such situations with the Client and make decisions in the Client’s interests including the termination of the current Agreement.
5. CONFIDENTIALITY
5.1. By registering on the Site and paying for the Services the Client automatically gives their consent for collecting, processing, using and disclosing their personal data in accordance with the Laws of Ukraine “On personal data protection”, “On consumer rights protection”, “On data protection in information-telecommunication systems”. The Contractor is entitled to provide the Client’s personal data to its specialists, employees as well as the third parties involved in rendering services hereunder, solely for reaching the purposes hereof.5.2. The Contractor and its specialists are obliged not to disclose and not to transmit the Client’s personal data for the third party information or utilization without a prior written consent from the Client.
5.3. The relations between the Parties of the current Agreement are governed by the Privacy Policy that is published on the Site and is an integral part hereof.
6. RESPONSIBILITIES OF THE PARTIES. FORCE-MAJEURE
6.1. The Parties are liable for non-fulfillment or improper fulfillment hereof in accordance with the current legislation of Ukraine.6.2. All disputes arising between the Parties under this Agreement will be resolved through negotiations. If the Parties cannot resolve the dispute peacefully, the dispute is to be transferred to the court of the relevant jurisdiction in accordance with the current legislation of Ukraine.
6.3. In case of claims to the Contractor from the Client as for the Services rendered the Client has to send a claim to the Contractor’s address or to its email address not later than 1 (one) work day after the Service provision. In case of absence of any claims from the Client as for the quality of the Services rendered within the terms stipulated above, the Services are considered to comply with the terms and conditions hereof and to be accepted by the Client in full.
6.4. The Contractor bears responsibility for suspension or termination of the Service provision except cases when such suspension and termination were caused by the Client’s or third parties’ actions.
The Contractor doesn’t bear responsibility for:
- Inability to provide the Services for reasons beyond the Contractor’s control, including force-majeure circumstances such as: disruption of communication lines (the Internet), sudden absence or malfunction of equipment , failure or suspension of work of different Internet-resources (including Zoom, Skype. etc.), absence and/or deterioration in the quality of telecommunications, provided by mobile operators and Internet-providers.
- breach of the equipment safety or malfunction of the equipment used by the Client for getting Services;
6.5. Any Client’s actions directed to preventing the Contractor from providing Services to other Clients, or the Client’s actions that entailed non-fulfillment or improper fulfillment the Services hereunder by the Contractor will result in termination of the current Agreement without refunding the cost of services to the Client.
6.6. In any case the Contractor’s aggregate liability under any suit or claim hereunder is limited by the cost of services provided under terms and conditions hereof.
6.7. The Parties are released from liability for complete or partial failure to perform the terms and conditions hereof if such failure was caused by force-majeure circumstances arising against the Parties’ will and that couldn’t be foreseen or avoided by the Parties.
6.8. Force-majeure is applied to the events that make impossible fulfillment the terms and conditions hereof by the Parties, such as: earthquakes, floods, other natural disasters, fires, nuclear or other industrial hazards, epidemics as well as strikes, military operations, social unrest or acts of the state bodies preventing the fulfillment hereof.
6.9. The Party that got the information on occurrence or approach of such circumstances should immediately notify the other Party on this.
7. FINAL PROVISIONS
7.1.This Agreement comes into force from the moment of the Client’s payment for the Services and is valid until the Contractor fully fulfills their obligations hereunder or the Client’s or the Contractor’s refusal from the further fulfillment hereof. The Agreement termination at the request of either party is executed by emailing the Client a written notification to his email address specified in the Agreement.7.2. The Contractor is entitled to make amendments and supplements to the Agreement at any time without any special notifications by publishing the new edition of the Agreement on the Site. The new edition of the Agreement enters into force from the moment of its publication unless another date is stipulated additionally.
7.3. The legislation of Ukraine is applied to the Agreement.
7.4. In cases that are not settled by the present Agreement, the Parties are governed by the legislation of Ukraine.
7.5. The Contractor’s email address for reviewing the Client’s requests and applications is: tanya@coachingup.university.
8. THE CONTRACTOR’S ADDRESS AND BANK DETAILS
LLC «UP UNIVERSITY»
EDRPOU: 44466995
Address: 112, 15 Akhmatova Str, Kyiv, 02068
IBAN Code UA303510050000026000879114900
JSC "UKRSIBBANK"
Bank Code 351005
Phone: +38 (067) 500-22-46
tanya@coachingup.university
Edition of Public Offer Agreement dd. February 21, 2022
PRIVACY POLICY
of the internet-site https://on.support/
city of Kyiv «21» October 2022
The present personal data Privacy Policy (hereinafter referred to as the Privacy Policy) is applied to all the information published on the Internet site - https://on.support/ that the Resource (site) https://on.support/, located on the domain name https://on.support/ (as well as its subdomains), can get about the User while they are using the site https://on.support/ (as well as its subdomains), programs and products.
The present Privacy Policy is made taking into account and according to the requirements of the current legislation of Ukraine, including the Law of Ukraine “On personal data protection” dd. 01.06.2010 № 2297-VI.
Use of the site indicates the User’s unconditional acceptance of the present Privacy Policy and terms on personal data processing stated herein; in case of disagreement with these terms the User must choose not to use our service.
1. DEFINITIONS OF TERMS
In the present Privacy Policy the following terms are used:
1.1. «The Administration of the Resource https://on.support/» (hereinafter referred to as – the Administration, the Operator) – refers to employees authorized to operate the Resource acting on behalf of Limited Liability Company “UP University”, registered in the Unified State Register of Legal Entities, private entrepreneurs and public entities of Ukraine dd. 01.11.2021 under the number 10006510200000035420 (UDRPOU code 44466995) that uses and (or) performs the personal data processing as well as defines purposes of personal data processing, components of personal data to be processed, actions (operations) with the personal data.
1.2. «Personal data» - any information directly or indirectly related to a specific or defined physical body (personal data subject) including:
1.2.1. Personal information that the User submits themselves while registering (creating an account, applying for the course, writing feedback and etc.) or using services, including the User’s personal data. The information obligatory for submission is marked in a special way. Any other information is provided by the User at their discretion.
1.2.2. The data which are automatically transmitted to the site services while using them via the software set on the User’s device including IP-address, cookie files information, the User’s browser information (or any other program that allows the access to services), technical characteristics of equipment and software used by the User, date and time of access to services, requested pages addresses or any other information.
1.3. «Personal data processing» - any action (operation) or a combination of actions (operations) performed with personal data with or without the use of automation tools personal data including collecting, recording, systematization, acquisition, storage, clarification (update, change), extracting, use, transmission (dissemination, provision, access), sanitization, blocking, deletion, destruction.
1.4. “Personal data confidentiality” is an obligatory requirement to comply by the Operator or any other person that has the access to personal data not to let their dissemination without personal data subject consent or having any other legal ground.
1.5. «The Resource https://on.support/» (hereinafter referred to as the Resource) - is a collection of connected web-pages kept in the Internet under the unique address (URL): https://on.support/, as well as its subdomains.
1.6. «Subdomains of the site https://on.support/ - are the pages located under addresses:
1) https://my.on.support/;
and other temporary pages whose footer contains the contact information: Limited Liability Company «UP University”, UDRPOU code 44466995; Address: apart. 112, Akhmatova Str., build. 15, Kyiv, Ukraine, 02068; Telephone: +38 (067) 500 22 46; E-mail: tanya@coachingup.university.
1.7. «The User of the Resource https://on.support/» (hereinafter referred to as the User) is a person having the access to the Resource by means of the Internet and using the information and materials of the Resource https://on.support/.
1.8. «Cookies» — are small pieces of data sent by the web-server and kept on the User’s computer that are sent every time by the web-client or web-browser to the web-server in the HTTP-request trying to open the page of the corresponding site.
1.9. «IP-address» — is a unique host network address in the computer network built under IP protocol.
1.10. “Current threats of personal data security” - are the collection of conditions and terms constituting a real danger of unauthorized, including accidental, access to the personal data while being processed in the informational system that can result in deletion, amending, blocking, copying, providing or spreading the personal data as well other illegal operations.
2. GENERAL PROVISIONS
2.1. Use of the Resource indicates the User’s acceptance of the present Privacy Policy and terms on personal data processing.
2.2. In case of disagreement with these terms, the User must choose to terminate the use of the Resource.
2.3. The present Privacy Policy is applied to the Resource https://on.support/.
2.4. The Resource doesn’t control and bear responsibility for third party sites where the User can go via the links available on the Resource https://on.support/.
2.5. The Administration doesn’t verify the personal data provided by the Resource User on https://on.support/.
3. SUBJECT OF PRIVACY POLICY
3.1. The present Privacy Policy establishes the Administration’s obligations not to disclose and ensure protection of the personal data submitted by the User at the Administration request while registering on the Resource or using the Resource in any other way as well as while placing an order for purchasing goods, services.
3.2. The personal data allowed for processing within the present Privacy Policy are submitted by the User by means of filling in the registration or feedback form on the Resource and contain the following information:
3.2.1. The User’s first name, last name, patronymic name;
3.2.2. The User’s contact phone number;
3.2.3. The User’s e-mail;
3.2.4. The User’s residential address (at the Administration request).
3.3. The Resource protects the Data that are automatically transferred in the process of watching advertising blocks and visiting pages where the statistic system script (“pixel'') is installed:
3.3.1. IP address;
3.3.2. Information from cookies;
3.3.3. Browser information (or any program that enables access to displaying advertising);
3.3.4. Access time;
3.3.5. Address of the page hosting the advertising block;
3.3.6. Referrer (the previous page address).
3.4. Switching the cookies off may result in an inability to use some parts of the Resource that require authorization.
3.5. The Resource collects statistics about its users’ IP-addresses. This information is used to detect and solve technical problems, to control payments authenticity.
3.6. Any other personal information not stipulated above (purchase history, operational systems, etc.) is subject to safe and secure storage and non-disclosure, except for cases specified in paragraphs 5.2. and 5.3. hereof.
4. PURPOSES OF THE USER’S PERSONAL DATA PROCESSING
4.1. The Resource (Site) collects and keeps only the personal information required for providing services or executing agreements and contracts with the User except for cases when mandatory storage of the personal information within a statutory specified term is stipulated by the legislation.
4.2. The User’s Personal Data can be used by the Resource https://on.support/ Administration for the following purposes:
4.2.1. Identification of the User, registered on the Resource, for placing the order and (or) signing, for example, an offer agreement for the remote provision of information and consulting services.
4.2.2. Providing the User access to the Resource personalized data.
4.2.3. Establishing feedback with the User including sending notifications, requests for using the Resource, service provision, processing the User’s requests and applications.
4.2.4. Defining the User’s location for ensuring security, fraud prevention.
4.2.5. Confirmation of validity and completeness of the personal data provided by the User.
4.2.6. Creating an account if the User gives their consent for its creation.
4.2.7. Sending notification to the Resource User (in case of necessity).
4.2.8. Processing and receiving payments, confirming taxes or tax benefits, contesting payments, defining the right to get a credit line by the User.
4.2.9. Providing the User with effective customer and technical support in case of problems related to the use of the Resource.
4.2.10. Providing the User (upon their consent) with product updates, special offers, information on prices, newsletters and other information on behalf of the Resource or its partners.
4.2.11. Advertising upon the User’s consent.
4.2.12. Providing the User access to sites or services of the Resource partners for getting products, updates and services.
5. WAYS AND TERMS OF PERSONAL INFORMATION PROCESSING
5.1. The User’s personal data processing is performed no longer than the term that meets the aims of personal data processing by any legal means including informational systems of personal data with or without using automation tools.
5.2. The User agrees that the Administration has the right to transfer personal data to third parties, in particular, courier services, mail delivery, telecommunication operators, solely for performing the offer agreement that the User signed on the Resource.
5.3. The User’s personal data can be transferred to the authorized bodies of the state administration of Ukraine only on the basis of and in the order stipulated by the legislation of Ukraine.
5.4. In case of loss or disclosure of personal data, the Administration notifies the User on their loss or disclosure.
5.5. The Administration undertakes necessary organizational and technical measures to protect the User’s personal information from unauthorized or accidental access, destruction, changing, blocking, copying, dissemination as well as from other illegal actions of third parties.
To perform works on providing personal data security during their processing in the informational system according to the legislation of Ukraine the Resource Administration can attract on a contract basis a legal entity or a private entrepreneur having a license (in case of necessity) for providing technical protection of the confidential information.
Personal data security measures implemented within a personal data protection system taking into account real threats for personal data security and informational technologies used include but not are not limited to the following measures:
- identification and authentication of access unsubs and objects;
- managing the access unsub’s entry to the objects of access;
- limiting software environment;
- protection of computer storage devices that store and (or) process the personal data (hereinafter referred to as “the personal data computer storage device”);
- registration of security events;
- antivirus protection;
- intrusion detection (prevention);
- control (analysis) of personal data security;
- providing information system and personal data integrity;
- providing accessibility to personal data;
- virtualisation environment protection;
- technical tools (hardware) protection;
- protection of information system, its tools, communication systems and data transmission;
- identification of incidents (one event or a group of events) that can lead to malfunctions or disruptions of the informational system functioning and (or) to threats for the personal data security (hereinafter referred to as “incidents”), and responding to them;
- managing the configuration of the informational and personal data security systems;
- verification of system and (or) applied software including program code for not having any non-declared possibilities with and (or) without using automatized tools;
- testing the informational system for penetration or hacking attacks;
- using in the informational system any system and (or) applied software developed with the use of secure programming methods.
6. RIGHTS AND DUTIES OF THE PARTIES
6.1. The User has the right to demand from the Resource Administration to specify their personal data, to block or delete them in case when these personal data are incomplete, outdated, inaccurate, obtained illegally or if they are not necessary for the declared goal of personal data processing as well as to take measures stipulated by the law to protect their rights.
6.2. If the User considers that the Resource Administration processes their personal data with the breach of requirements of Ukrainian legislation “On personal data” or in any other way violates their rights and freedoms, the User is entitled to file complaints involving the Operator’s acts or omissions to the authorized body protecting the rights of personal data unsubs or to the court including the right to claim the compensation of losses and (or) moral damage.
6.3. The User has the right to withdraw their permit for personal data processing by notifying the Resource Administration via email message to the email address: tanya@coachingup.university (the site administrator’s email). The Resource Administration stops personal data processing within the term stipulated by the current legislation of Ukraine. .
6.4. The User is obliged:
6.4.1. To provide the information on personal data required for using the Resource.
6.4.2. To renew, add the information on personal data provided in case it changed.
6.5. The Resource Administration is obliged:
6.5.1. To use the information received only for purposes stipulated in section 4 hereof.
6.5.2. To keep the confidential information secret, not to disclose it without the prior written consent from the User as well as not to sell, exchange, publish, or release the User’s personal data transferred by any other possible means except cases stipulated in paragraphs 5.2. and 5.3. hereof.
6.5.3. To take safety measures to protect the User’s personal data privacy according to the procedure usually used to protect such information and specified in the Law of Ukraine “On personal data protection” dd. 01.06.2010 № 229.
6.5.4. To block personal data related to the corresponding User from the appeal date or the date of the request from the User or their legitimate representative or an authorized body protecting the rights of personal data unsubs for the period of audit in case of inaccurate personal data or illegal actions detection.
7. RESPONSIBILITIES OF THE PARTIES
7.1. In case of failure to perform their obligations, the Resource Administration bears responsibility for the User’s losses incurred due to unlawful use of personal data according to the legislation of Ukraine except cases specified in paragraphs 5.2., 5.3. and 7.2. hereof.
7. 2. In case of loss or disclosure of Confidential information the Administration doesn’t bear responsibility if this confidential information:
7.2.1. Became public before its loss or disclosure.
7.2.2. Was received from the third party before it was received by the Resource Administration. 7.2.3. Was disclosed at the User’s consent.
7.3. The User bears full responsibility for compliance with the requirements of the legislation of Ukraine including laws on advertising, on copyright and related rights protection, on trademark protection, but not limited to the mentioned above including the full responsibility for the content and form of materials.
7.4. The User acknowledges that the responsibility for any information (including but not limited to: files with data, texts, and etc.) that they can have access to as part of the Resource lies on the person who provided this information.
7.5. The User agrees that the information provided to them as part of the Resource can be the subject of copyright and the rights for it are protected and belong to other Users, partners or advertisers who place such information on the Resource https://on.support/. The User isn’t entitled to make any amendments, to rent or loan, sell, spread or create derived works based on such Content (fully or partially), except for cases when such actions were directly allowed by owners in writing according to the terms of a separate agreement.
7.6. As for text materials (articles, publications that are in public access on the Resource) their spread is permitted under the condition that the link to the site (any other resource) and the Name and Surname (Pen name, Nickname) of the author who wrote the text material will be indicated by the User.
7.7. The Administration doesn’t bear any responsibility to the User for any loss or damage incurred by the User as a esult of deletion, crash or inability to save any Content or other communication data stored on the Resource or transmitted via such Resource.
7.8. The Administration doesn’t bear any responsibility for any direct or indirect losses caused by: use or inability to use the site or separate services, unauthorized access to the User’s communications, third party’s statement or behavior on the site.
7.9. The Administration doesn’t bear any responsibility for any information placed by the User on the Resource including but not limited to the information protected by the copyright without the direct consent of the copyright owner.
8. SETTLEMENT OF DISPUTES
8.1. Submitting the claim (a written suggestion on voluntary dispute settlement) is obligatory before referring to the court with the claim on issues arising out of relationships between the User of the Resource https://on.support/ and the Administration.
8.2. The receiver of the claim should advise the claimant in writing on the results of the claim review within 30 calendar days.
8.3. If the agreement isn’t reached, the dispute will be transferred to the court at the Administration’s location.
8.4. The current legislation of Ukraine is applied to the present Privacy Policy and relationships between the User and the Resource Administration.
9. OTHER PROVISIONS
9.1. The Administration of the Resource has the right to make amendments in the present Privacy Policy without the User’s consent.
9.2. The new Privacy Policy comes into force starting from the moment of its publishing on the Resource unless otherwise stipulated by the Privacy Policy new edition.
9.3. All suggestions or questions to the present Privacy Policy should be sent to the email: tanya@coachingup.university.
9.4. The present Privacy Policy is published on the page address https://on.support/.