NGO ‘ASSOCIATION NOOSPHERE’ (the ‘Organization’, ‘We’) and its partner companies seek to adhere at all times to the best practice for business partnership and cooperation, justification of confidence in the Organization and partner companies, including responsible approach and attitude to managing your Personal Data.
By consenting to the processing of Personal Data where the lawful basis is consent, User confirms that he/she has sufficient standing and capacity under the laws of User’s country to provide such consent. If User has no sufficient standing, a consent must be provided by User’s legal representatives (parents or guardians) who have full civil capacity and are authorized by the laws of User’s country to provide such consent.
Otherwise, we will apply the provisions of this Policy, Laws of Ukraine, in particular the Law of Ukraine ‘On Personal Data Protection’.
Our registration and contact details are provided in ‘Our Contacts’ section. You may contact us for any questions as to the clarification of the provisions of this Policy and the processing of your Personal Data.
‘Controller of Personal Data’ means an individual, legal entity, authority or organization that approves the purpose of processing Personal Data, establishes the content of such data and the procedures for its processing, unless otherwise provided by the law.
We are a Personal Data Controller, as defined in Article 2 of the Law of Ukraine ‘On Personal Data Protection’.
‘Processor of Personal Data’ means an individual or legal entity processing Personal Data on behalf of the Controller.
‘Processing’ means any operation or set of operations performed on Data Subject’s Personal Data or sets of Personal Data, by automatic or non-automatic means. Such operations include, but not limited to, collecting, recording, arranging, structuring, storing, adapting or modifying, viewing, searching for, using, disclosing (by transferring, providing access to, distributing or otherwise making available), aligning or combining, restricting, deleting or deleting Personal Data.
‘Data Subject’ means an individual whose Personal Data is processed and who can be directly or indirectly identified.
‘User’ means Personal Data Subject that uses the Website.
‘Personal Data’ (also, ‘data’) means information that allows to identify, directly or indirectly, an individual as the Website User, as well as information related to User, for example, information about the use of the Website, if such use is directly related to information allowing for the direct or indirect identification of User.
For example, User’s name, surname and patronymic, e-mail and mobile (contact) phone number.
Subject to the particular features and conditions of certain cultural and educational events or projects of the Organization (including those related to the age of potential participants, grouping/classifying the participants, task complexity, etc.), we may require additional data (age, educational institution, etc.) that will be mentioned on the website, if necessary.
This category of data includes letters, comments, suggestions, complaints, including their content (which may include photos, videos, audio, etc.), which User sends us via chats, e-mail, social networks, phone, and/or any other information about online correspondence between us and User, in the form of electronic and/or regular letters and/or personal correspondence between us and User.
If User contacts us by phone, we store the data of such a phone conversation with User, which includes the following: the phone number User called us from, as well as the recording of the conversation.
We collect the personal data which is stipulated by the User in the applications for participation and/or registration forms, and also the history of the User’s participation in the Organization’s activities, including the contests/events and/or projects of the Organization that the User took part in or won.
Such data includes User’s IP address, data on the operating system of User’s computer/mobile device and browser type, type of User’s mobile device, unique device identifier or identifier of User’s mobile equipment, automatically processed cookies (those processed during downloads as well).
Such data is collected both by the Website and by third-party tools of Analytics (including, but not limited to, Google Analytics, Cloudflare, etc.).
We collect information about the route that User followed to access the Website, viewingthe Website, moving from the Website to other websites (including date and time), pages of the Website viewed by User, load time of the Website page/pages, errors when loading the pages, duration of User’s visit to certain pages, as well as information about the interaction between the Website pages, which are processed automatically (when downloading as well).
We collect User’s feedbacks and/or responses to the marketing, advertising or information surveys and/or researches suggested by us.
We can provide the User with an access to publicly available chats, forums and/or discussions on our Website, where Users may post their own comments and/or discussions in respect of the Organization’s activities, including organizing and holding the contests/events and/or Organization’s projects, or on other issues. These comments and discussions may contain any information that fall within the definition ‘personal data’ according to the acting legislation.
In some cases, we collect User’s additional personal data from other sources, including Organizer’s partner companies, companies in the sphere of technical maintenance of information search providers, databases in support of efforts to combat frauds and/or other third-party databases, including from sanctions (prohibited) lists, as determined by Law. This data includes, without limitations, a) the information used to verify the authenticity of information about the User, б) information about User’s capacity.
Using the publicly available chats, forums and discussions on our Website, the User is aware that all information which is publicly available and published in the Internet is available for the whole world.
If the User takes part in such publicly available chat, forum and/or discussion, where personal data can be posted on our Website, apart from familiarization with this Policy, we recommend the User to review the terms of publicly available chat, forum and/or discussions before he/she enters any data, because the User is obliged to adhere to such rules.
In compliance with the provisions of the law, We must establish User’s identity, identify lawful bases (grounds) for our processing of User’s Personal Data and inform User herewith.
For the purposes of this Policy, it is understood that the lawful bases (grounds) that are acceptable for the processing of User’s Personal Data are the following:
Depending on how User interacts with our Website, We process User’s Personal Data for the following purposes:
Lawful basis: agreement (contract) performance. By participating in the cultural and educational as well as creative competition/event/project of the Organization, you thereby accept the rules of participation, which is an agreement form between you and the Organization.
Lawful basis: agreement (contract) performance. Without the above-stated data, we would be unable to organize your participation in such competition/events and/or projects of the Organization.
Lawful basis: legitimate interests. It is in the legitimate interest of the Organization to conduct information/advertising campaigns.
Lawful basis: legitimate interests. It is in the legitimate interest of the Organization to carry out monitoring, survey and analysis of the competition/events and/or projects of the Organization.
Lawful basis: If the communication with User is not connected to the participation in competitions/events and/or projects of the Organization, or another individual who contacts the Organization, legitimate interests are used (communication of the Organization with Users or other persons in the legitimate interest of the Organization). If the communication takes place in the context of User’s participation in competitions/events and/or projects of the Organization, the lawful basis is agreement (contract) performance.
Lawful basis: consent.
Lawful basis: legitimate interests. This ground is in the legitimate interest of the Organization.
Lawful basis: legal obligations.
Lawful basis: legitimate interests. It is in the legitimate interests of the Organization to protect the Website.
Lawful basis: legitimate interests. It is in the legitimate interests of the Organization to analyze the efficiency of the Website performance and its improvement.
Lawful basis: legitimate interests. It is in the legitimate interests of the Organization to pursue this objective.
Lawful basis: legitimate interests. It is in the legitimate interests of the Organization to establish, exercise or defend legal claims.
Partner Companies of the Organization. For the purposes of the Organization’s activities, User’s Personal Data may be disclosed to partner companies of the Organization, including foreign partner companies (the ‘partner companies’). All such disclosures are protected by appropriate legal tools obliging such recipients to process your Personal Data pursuant to this Policy and ensure that your Personal Data are not disclosed to third parties unless required by the law.
ITServicesProviders. We may engage other companies (including foreign ones) that are providers of IT and administrative services, including hosting services, use of cloud services and databases, to process User’s Personal Data on our behalf (Controllers/Processors), with the purpose of ensuring technical performance and proper operation of the Website, providing technical support and maintenance of the Website. Such companies may access User’s Personal Data only if this is necessary for the above purposes and in accordance with the provisions on confidentiality contained in agreements with these companies, and may not use them for any other purpose.
Analytics Providers. The Organization uses Analytics Tools of Google Analytics (Google LLC., 1600 Amphitheatre Parkway, Mountain View, CA 94043, USA) and Cloudflare (Cloudflare, Inc. 101 Townsend St, San Francisco, CA 94107 USA). Please note that any data collected by Google and Cloudflare will be transferred to the United States of America. Google LLC. and Cloudflare, Inc certified under the EU-U.S. Privacy Shield Framework – this network protects the fundamental rights of everyone in the European Union whose Personal Data is transferred to the United States for commercial purposes. This allows free data transfer to companies that are certified in the United States under the Privacy Shield. For more information on Privacy Shield, please visit the US Department of Commerce’s Privacy Shield website at https://www.privacyshield.gov/welcome/. To get information how Google and Cloudflare process your data, visit their Privacy Policies at https://policies.google.com/privacy and https://www.cloudflare.com/privacypolicy/. The Google Analytics opt-out browser application allows visitors and users to prevent the collection and use of their Google Analytics data. To install the Google Analytics opt-out browser add-on, follow this link: https://tools.google.com/dlpage/gaoptout?hl=uk.
Authorities (of Ukraine, European Union or other countries). We reserve the right to process (as well as disclose and/or communicate) any User’s Personal Data, if required by any law of Ukraine or other regulations or confirmed by lawful requirements of public authorities and/or local governments, in order to comply with the Laws of Ukraine, to protect the integrity of the Website, to fulfill requests of Users, public authorities and/or local governments, or to facilitate any investigations conducted by law enforcement agencies or investigations to ensure public (national) security. In some cases, We may also provide User’s Personal Data to the authorities of the European Union (both national and supranational) and other countries, if such provision of Personal Data is required by law or official request of such authority in criminal investigation or litigation.
Other Users or other persons who have access to public chats, forums and discussions on the Website. Using the publicly available chats, forums and discussions on our Website, User understands that his/her personal data that he/she published in these chats, forums and discussions will become available to other Internet users.
From time to time, with User’s prior consent, We may send User marketing, informational/advertising notices and materials on the activities of the Organization, including various cultural and educational as well as creative competitions/events and/or projects of the Organization.
If User does not check the appropriate box in the agreement to receive such materials, We will not send such messages and/or materials to User.
From time to time, with User’s prior consent, We may send marketing, informational/advertising materials on behalf of our partner companies about competitions/events and/or projects that are planned and that may be of interest to User.
If User agrees to receive marketing, information/advertising materials of our partner companies, We will not disclose (communicate) User’s Personal Data to partner companies, but will only send such User marketing, information/advertising materials on behalf of our partner companies.
In this case, User agrees/disagrees to receive marketing, information/advertising materials and has the right to withdraw it in the future or provide an objection to their receipt by contacting us using the contacts specified in this Policy in the Contact Information section or using information/advertising materials interface (unsubscribe key, etc.).
Users of the Website who are citizens or residents of Ukraine or are not in the European Union (EU) or in the European Economic Area (EEA) are entitled under Article 8 of the Law of Ukraine ‘On Personal Data Protection’ (the ‘Law’). To get familiarized with them, User can go to the link with the current version of the Law (https://zakon.rada.gov.ua/laws/show/2297-17).
In order to exercise his/her rights under the Law (which may be exercised by the Organization), User may submit a request to the Organization using the contacts specified in this Policy in the Contact Information section.
Users of the Website who are in the EU or the EEA have the following rights, which they can exercise by sending a request to the Organization using the contacts specified in this Policy in the Contact Information section.
Right to withdraw consent. If you have consented to the processing of your Personal Data, you have the right to revoke this consent at any time. The organizer draws your attention to the fact that the withdrawal of consent does not affect the legality of the processing based on consent to its withdrawal.
Right of access. You have the right to receive from us confirmation of the processing of your Personal Data by the Organization. Simply put, you have the right to send us a request asking if we are processing your Personal Data. If the Organization does process your Personal Data, you may receive a copy of all your Personal Data processed by the Organization (except as provided by the law).
Right to correction. You have the right to receive from us, without any undue delay, correction of inaccurate or no longer relevant information about you. If your Personal Data is incomplete or blank, you have the right to fill in this data by submitting an additional application.
Right to erasure (‘right to be forgotten’). You have the right to have your Personal Data deleted where at least one of the following grounds applies:
Please note that the right to erasure does not apply in the following circumstances:
Right to object to processing. You have the right to object, on grounds relating to your particular situation, at any time, to the processing of your Personal Data on the lawful basis of the legitimate interests of the Organization or a third party. If this right is exercised, the Organization shall no longer process your Personal Data unless the Organization demonstrates compelling legitimate grounds for the processing that override your interests and rights or for the establishment, exercise or defense of legal claims.
Right to restriction of processing. You have the right to restriction of processing. This means that your personal data will be temporarily transferred to another file system (in fact, it will be ‘frozen’ for as long as the right to restriction of processing is being exercised). The right to restriction of processing may be exercised where the following applies:
Right to data portability. You have the right to receive your Personal Data that you have previously provided to us, in a structured, commonly used and machine-readable format, and the right to transmit such data to another controller (company, organization, etc.). This right applies to your Personal Data that has been collected:
Right to file a complaint to a supervisory authority.
If User believes that his/her Personal Data has been processed in violation of the applicable laws, he/she may file a complaint to a supervisory authority.
Such an authority may be: a) Commissioner for Human Rights of the Verkhovna Rada of Ukraine; b) for EU/EEA residents, a supervisory authority in any EU/EEA member state at User’s permanent place of residence, his/her place of work.
User may also file a court complaint or claim.
We assume an obligation to take all necessary technical, organizational and administrative measures to ensure the reliable processing of User’s Personal Data pursuant to this Policy and the applicable laws of Ukraine.
Once we receive User’s Personal Data, we assume an obligation to apply strict procedures and safeguards to prevent unauthorized access to such Personal Data of third parties. All User’s Personal Data are encrypted and securely transmitted over the Internet.
Consent to the processing of Personal Data of the Website User shall be provided by a User who has reached the age of sixteen.
Otherwise, such consent to the processing of Personal Data must be provided by User’s legal representatives (parents, guardians, etc.).
We take all available technological and organizational as well as reasonable measures to ensure that consent is provided by a User who has reached the age of sixteen.
If User’s legal representatives apply (in particular, make an inquiry/deliver a request) to us regarding the lack of consent and/or discovery that User’s Personal Data has been provided by a person who had to obtain the consent of his/her legal representatives, we will immediately delete all personal data provided by such person.
User’s Personal Data that We process will not be retained longer than permitted by the applicable laws and will be stored only as long as necessary to enable User to participate in the activities of the Organization, including competitions/events and/or projects of the Organization, to provide any requested services or information posted (available) on the Website, or for other purposes set out in this Policy.
For example, We may retain certain information about correspondence until the expiration of the limitation period, which is three years, with regard to claims as to receiving gifts, grants and/or other rewards as result of User’s participation in competitions/events and/or projects of the Organization, and/or managing/holding such competitions/events and/or projects of the Organization in general.
Personal Data that We collect from User may be transferred and stored outside of Ukraine. The transfer and storage of User’s Personal Data are carried out in compliance with the provisions of this Policy, applicable laws, as well as the requirements to protection of such Personal Data (including contractual ones) and regional (local) laws.
Cookies are text files that the Website sends to User’s computer or other device connected to the Internet solely in order to recognize User’s computer/device, as well as to allow User to easily browse various pages of the Website, save settings, and generally improve interaction with User.
Session cookies are deleted automatically when User’s browser is closed, but persistent cookies remain on User’s device even after User’s browser is closed (for example, to remember User’s settings after returning to the Website).
We may use the following cookies:
– strictly necessary cookies (that are essential to browse the Website and use their functionality);
– performance cookies (that are analytical cookies used to analyze how our visitors use the Website and to control the Website performance);
– functionality cookies (that are used to provide User with certain functionality);
– targeting cookies (that collect information on how User browses the Website pages, related to User’s device, and are used to make advertising more relevant to User and his/her interests);
– flash (that are used to improve User’s interaction with the Website, for example, saving User’s preferences and settings).
Please note that some usage modes of the Website and the services provided on our Website may operate with certain abnormalities, or may not operate at all, when disabling cookies.
On our Website, We may provide and post links to Websites/Social Networks (Media Platforms) that are not owned by our Organization and/or our partner companies.
If User intends to use the mentioned Websites/Social Networks by following such links, User must review their privacy policies and operational principles; in particular, regarding the collection and processing of Personal Data of Users.
This Policy becomes effective since February 3, 2021.
We reserve the right to modify this Policy from time to time, in which case we will publish a new version of the Policy on our Website (that is why we advise Users to check the Policy page periodically to be able to review the latest version of our Policy).
However, in the event of any modifications to this Policy, the Organization will post a notice on our Website and specify the date on which these modifications become effective. If the Organization has your Information Data, a notification of modifications to the Policy will be sent to your e-mail. User’s continued use of the Website, after the modifications to the Policy became effective, means that User has read, understood, and agrees to the new version of the Policy.
NGO “ASSOCIATION NOOSPHERE”, registered address: 103-А Gagarina Ave., Dnipro, 49050;
USREOU code: 40565261,
E-mail: [email protected]