Privacy policy
CONTENTS
INTRODUCTION, OVERVIEW
PERSONAL INFORMATION
NON-PERSONAL INFORMATION
COOKIES AND OTHER TECHNOLOGIES
IP ADDRESSES
SOCIAL MEDIA AND INTERACTIVE TOOLS
USE OF YOUR PHOTOS ON INSTAGRAM
THIRD-PARTY WEBSITES
THIRD-PARTY ADVERTISERS
SECURITY
CHOICE
ACCESS
RETENTION
CHILDREN’S USE OF THE WEBSITE
UPDATES TO THIS PRIVACY POLICY
CONTACT US
OFFICIAL DEALERS
CONSENT TO THE PROCESSING OF PERSONAL DATA
NOTICE REGARDING THE CONTROLLER OF PERSONAL DATA, THE COMPOSITION, CONTENT AND PURPOSE OF THE COLLECTION OF PERSONAL DATA, THE PARTIES TO WHOM PERSONAL DATA IS TRANSFERRED, AND THE RIGHTS OF THE DATA SUBJECT
INTRODUCTION, OVERVIEW
Privacy and Personal Data Protection Policy
GoPack has created this privacy policy to inform you about how we collect, use and disclose information.
This privacy policy applies to information collected via this website or any other mobile site, applications, widgets and other interactive tools that link to this privacy policy (‘the Site’).
An exception is information collected by GoPack, as set out below, by any other means, such as offline.
GoPack provides authorised dealers (hereinafter referred to as an Authorised Dealer or GoPack Dealer) with the ability to order products. An Authorised Dealer is not an employee of VIVAT TRADING LLC (VIVAT TRADING LLC is the official distributor of GoPack brand products within Ukraine). Therefore, GoPack does not control and is not responsible for the collection, use and disclosure of information by Official Dealers, including for their marketing purposes. If you provide information to an Official Dealer via the Website, GoPack will have access to it and will process it in accordance with this privacy policy. Official Dealers may provide GoPack with information about you; in such cases, GoPack, having gained access to such information, will process it in accordance with this policy.
PERSONAL INFORMATION
Collection of personal information.
‘Personal Information’ is information that allows us to identify you, such as your name, postal address (including billing and delivery addresses), telephone number, email address, and username. We collect Personal Information from you when you choose to participate in our offers and programmes, or when you directly provide us with information whilst filling in various forms, participating in interactive activities, or contacting us in any other way via the Website.
Use of Personal Information.
We may use Personal Information:
• for the purpose for which you knowingly provided it, including, but not limited to, enabling us to respond to your enquiries and fulfil your requests;
• to send you information regarding your relationship and interactions with us;
• to inform you about products, services, programmes and offers that we believe may be of interest to you, via email, text message, telephone or post;
• to personalise your experience with us, including the presentation of products or offers made to you;
• to help you find Authorised Dealers, as well as to support the activities of Authorised Dealers;
• for our internal business purposes, such as data analysis, auditing, new product development, improving our website, enhancing our services, identifying usage trends and assessing the effectiveness of our promotional campaigns;
• to enable you to take part in prize draws, promotions and similar schemes, and to administer such events (some of these events have additional terms and conditions which may contain further information on how we use and disclose your Personal Information, so we advise you to review this information carefully);
• to fulfil your order or provide you with services in any other way.
Disclosure of Personal Information.
We may disclose your Personal Information:
• to affiliates, i.e. entities representing GoPack, but not for their direct marketing purposes. In such cases, VIVAT TRADING LLC is the data controller and the party responsible for the jointly used Personal Information;
• to third parties – service providers who provide services to GoPack, such as website hosting, data analysis, order fulfilment, infrastructure provision, IT services, customer service, auditing and other similar services. (These third parties will be provided with, or have access to, your personal information for the purpose of providing these services to us or on our behalf);
• Authorised dealers, to the extent necessary for them to contact you, fulfil your order or provide you with a service;
• to third parties in the event of any reorganisation, merger, sale, disposal, acquisition, transfer or other disposition of all or any part of our business or assets (including in connection with bankruptcy or similar proceedings), and as we deem necessary or appropriate: (a) in accordance with applicable law, including laws outside your country of residence; (b) in legal proceedings, where necessary; (c) to respond to requests from public and government authorities, including public and government authorities outside your country of residence; (d) to ensure compliance with the terms of cooperation; (e) to protect our operations or the interests of our affiliates; (f) to protect the rights, privacy, safety or property of GoPack, you or any affiliate; (g) to seek legal remedies or limit the damages we may incur.
NON-PERSONAL INFORMATION
Collection of non-personal information.
‘Non-personal information’ is any information that does not allow you to be identified, for example:
• browser information
• information collected via cookies, pixel tags and other technologies
• demographic data and other information provided by you or our Authorised Dealers
• Mixed information
We and third parties who provide services to us may collect non-personal information in various ways. For example, we:
• collect information such as your computer type (Windows or Macintosh), screen resolution, operating system version, and the type and version of your web browser;
• collect demographic information, such as your location, education, occupation, age, gender, as well as other information, such as your hobbies and special interests, when you voluntarily provide this information to us. If such information is not combined with personal information, it does not allow us to identify you or anyone else.
De-identification of information.
We may de-identify personal information in such a way that the de-identified information does not identify you or anyone else, for example, by using personal information to calculate the percentage of our customers living in a particular area. In some cases, we may combine non-personal information with personal information (for example, combining your name with your geographical location). If we combine non-personal information with personal information, the combined information will be treated by us as personal information for as long as such a combination exists.
Use and sharing of non-personal information.
As non-personal information does not identify you, we may collect, use and disclose it for any purpose.
COOKIES AND OTHER TECHNOLOGIES
Cookies: We and our independent service providers may use cookies on the website. Cookies allow a web server to send data to your computer for record-keeping and other purposes. We use cookies and other technologies to, amongst other things, provide you with a better service based on the information we receive and to facilitate your continued access to and use of the website.
If you do not wish for information to be collected via cookies, most browsers have a simple procedure that allows you to opt out of the use of cookies. To find out more about cookies, please visit a website operated by a party not affiliated with GoPack: http://www.allaboutcookies.org/.
Local Storage Objects: We and our independent service providers may use Flash Local Storage Objects (“Flash LSOs”) in certain situations, including to recognise you and remember the contents of your basket. Flash LSOs differ from “cookies” in terms of the amount and type of data stored. Furthermore, you cannot control, delete or disable Flash LSOs from your browser. To find out more about Flash LSOs and how to manage them, visit the Flash Player support page, select the General Storage Settings Panel, and follow the instructions. To view the Flash LSOs on your computer now, go to the Storage Settings Panel and follow the instructions to view or, if you wish, delete any specific Flash LSO.
Pixel tags and other technologies: GIFs are tiny graphics with a unique identifier, similar in function to ‘cookies’. However, unlike ‘cookies’, which are stored on your computer’s hard drive, GIF files are embedded within the website’s pages. We may use GIFs (also known as web beacons, web bugs or pixel tags) on the Website to, amongst other things, track the activity of visitors to our website, collect statistical data on website usage and measure response rates. We and our independent service providers may also use GIFs in HTML-based email messages to help us track emails, measure the success of our marketing campaigns, and determine when our emails are viewed or forwarded.
Website Analytics: GoPack may work with third-party service providers who use the technologies described in this section to conduct web analytics, to help us track and understand how visitors use our website. For example, we use Google Analytics, a web analytics service provider, to help us improve the performance of our website, taking into account the user experience. For further information and to view the Google Analytics privacy policy or opt out of the tool, please contact their privacy centre.
Widgets, apps and similar technologies: If you choose to use a technology supported by us (such as a widget), personal or other information made available through such technology may become publicly available, for example via social media and other websites and platforms on which you use such technology. Furthermore, some technologies may be capable of spreading ‘virally’ to other locations (for example, one of your friends or clients has created a widget containing your information for their blog). GoPack accepts no responsibility for the collection, use and disclosure of Personal Information and/or other information that is publicly available.
IP ADDRESSES;
How we collect IP addresses
Your IP address is a number automatically assigned to the computer you are using by your internet service provider. An IP address may be identified and automatically recorded in our server log files each time a user visits the website, along with the time of the visit and the page visited. The collection of IP addresses is standard practice on the internet and is done automatically by many websites.
How we use and disclose IP addresses;
We may use IP addresses for purposes such as calculating website usage, which helps us diagnose server problems, detect fraud, and administer the website. We may also use and disclose IP addresses for all the purposes for which we use and disclose Personal Information. Please note that we treat IP addresses, server log files and related information as Non-Personal Information, unless we are required to treat them otherwise under applicable law.
SOCIAL MEDIA AND INTERACTIVE TOOLS
Certain features on our website may allow you to interact with us and others. These may include blogs, message boards, messaging functionality, a chat function, and the creation of shared profiles. When using these features, you should be aware that any information you provide, including your name, location and email address, may be publicly visible to others. We are not responsible for any information you provide via these interactive features, and we do not recommend that you disclose any confidential information (such as health details or credit card details) via these features. If you use these features, your Personal Information may remain on the website even after you stop using the Site.
• the use of your photographs on Instagram by VIVAT TRADING LLC does not infringe the rights of third parties or applicable laws, and in the event that GoPack receives any claims and/or lawsuits from third parties, you agree to settle such claims/lawsuits on your own and at your own expense without involving GoPack, and you have read and agree to the following terms and conditions:
What happens if you reply with the hashtag #gopack?
You grant us the right to publish your photos on Instagram as part of GoPack content; more specifically: you grant GoPack an unlimited, non-exclusive, perpetual right to use your photos that are posted or have already been posted on Instagram with the hashtag #gopack. The #gopack hashtag is a hashtag consisting of the GoPack brand name, trademark, or the name of a GoPack product or campaign.
This means that by replying to another brand’s post on Instagram using the hashtag #gopack, you grant GoPack an unrestricted right to use photos tagged with that hashtag in both digital and non-digital content. This includes, for example, the use of photos on the GoPack website, the GoPack newsletter, GoPack mobile apps, GoPack social media posts, GoPack internal communications, or use in billboards, posters, video content, GoPack dealer websites, as well as on-site and as part of advertising campaigns. At the same time, GoPack is under no obligation to use your photograph.
What will you get?
Your photographs will be seen not only by visitors to your Instagram page, but also by GoPack brand fans around the world. You’ll have the chance to inspire others with your stylish ideas. By replying with the hashtag #gopack, you, in turn, release GoPack from any obligation to pay for the use of your photos and any intellectual property rights associated with the use described above.
What if you change your mind?
You can revoke the transfer of rights to GoPack at any time by removing the #gopack hashtag, deleting the photo itself, or simply sending us an email at gopack.tm@gmail.com.
Why do you need to provide GoPack with assurances and guarantees?
Because VIVAT TRADING LLC (the official distributor of the GoPack brand in Ukraine) wants to be sure that no rights are infringed when your photos are used. Therefore, by replying with the hashtag #gopack, you represent and warrant that (i) you own all rights to your photographs, (ii) you have the permission of all persons depicted in your photographs to transfer rights, and (iii) the use of your photographs on Instagram by VIVAT TRADING LLC does not infringe the rights of third parties or applicable laws. Furthermore, you release, defend and hold harmless GoPack and any person acting on behalf of GoPack from any claims, damages, liabilities or legal costs arising from the use of the photographs in the manner described above.
Why is there a limitation of liability?
In response to posts on Instagram using the hashtag #gopack, we wish to minimise the legal risks for GoPack by means of the following limitation of liability:
TO THE EXTENT PERMITTED BY APPLICABLE LAW, WE SHALL UNDER NO CIRCUMSTANCES BE LIABLE FOR (I) ANY SPECIAL, INDIRECT, INCIDENTAL OR CONSEQUENTIAL COSTS, LOSSES OR DAMAGES; OR (II) LOSS OF PROFIT, OR (III) LOSS OF BUSINESS, CONTRACTS, INTANGIBLE ASSETS, COMMERCIAL OPPORTUNITIES; OR (IV) LOSS OF INCOME, EXPECTED SAVINGS; OR (V) LOSS OR CORRUPTION OF DATA OR INFORMATION; OR (VI) ANY DAMAGE CAUSED BY THE USE OF THE PHOTOGRAPHS IN THE MANNER DESCRIBED ABOVE, ARISING FROM A BREACH OF RIGHTS, AGREEMENTS OR ANY OTHER LEGAL BASIS, EVEN IF WE WERE WARNED OF THE POSSIBILITY OF SUCH DAMAGES.
THIRD-PARTY WEBSITES
Our website may contain links to third-party websites. We accept no responsibility for the privacy policies of third-party websites linked to from our site, nor for the privacy practices of third parties in connection with their online advertising campaigns. The inclusion of links on the Website does not imply our endorsement of the relevant website. GoPack Authorised Dealers are fully responsible for their own websites and for any information collected on those sites. If an Authorised Dealer uses the GoPack website to collect information from you, GoPack may have access to that information and will treat it in accordance with this Privacy Policy.
SECURITY
We take reasonable organisational, technical and administrative measures to protect Personal Information under our control. Unfortunately, no data transmission over the Internet or data storage system can be guaranteed to be 100% secure. If you have reason to believe that your interaction with us is no longer secure (for example, if you feel that the security of any communication channel is compromised), please notify us of the issue immediately by contacting us in accordance with the ‘Contact Us’ section below.
CHOICE
To opt out of receiving marketing and/or promotional offers from GoPack, you may send us a request to the address provided in the ‘Contact Us’ section below. We will endeavour to comply with all requests where reasonably practicable.
ACCESS
If you wish to view, correct or delete Personal Information that you have previously provided, you may contact us as set out in the Contact Us section below. In your request, please state clearly which information you would like to change. We will endeavour to respond as soon as possible.
STORAGE
We will retain your Personal Information for as long as is necessary to fulfil the purposes set out in this Privacy Policy, unless a longer retention period is required by law.
USE OF THE WEBSITE BY CHILDREN
The Website is not intended for persons under the age of fourteen (14), and we ask that such persons do not provide their Personal Information via the Website.
UPDATES TO THIS PRIVACY POLICY
From time to time, we may amend this Privacy Policy. Please refer to the ‘Last Updated’ date at the top of this page to see when this Privacy Policy was last revised. Any changes to this Privacy Policy will take effect upon their publication on the Website. Your continued interaction with us following the publication of these changes constitutes your acceptance of the revised terms of the Privacy Policy.
CONTACT US
If you have any questions regarding this Privacy Policy, please contact us by email at (gopack.tm@gmail.com), or by post at: 14000, Chernihiv, 18 Hetmana Polubotka Street. As email communications are not always secure, please do not include sensitive information in emails.
OFFICIAL DEALERS
The provisions set out below apply only to GoPack Official Dealers:
This Privacy Policy applies to the Personal Information of GoPack Authorised Dealers collected online or offline. This information will be collected in addition to any Personal Information we may receive from you, as a GoPack customer, as described above.
To become an Official GoPack Dealer, you must enter into a separate contract or agreement with GoPack. If you have entered into such an Agreement, we may collect, use and disclose your Personal Information in accordance with this Privacy Policy and the terms of your Agreement. We may also collect, use and disclose your Personal Information where necessary to ensure compliance with the obligations under the Agreement. In the event of any conflict between this Privacy Policy and the Agreement, the provisions of the relevant Agreement shall apply. Once you become a GoPack Authorised Dealer, we may disclose your Personal Information:
• to existing and potential customers seeking assistance from GoPack Authorised Dealers
• where necessary to comply with legal requirements, such as tax obligations and record-keeping.
We may also combine Non-Personal Information that we and our independent service providers collect about your use of the Site (as described above) with your unique user ID. We may use this combined information for purposes such as analysing usage of our websites, to evaluate and improve our business model, and for other internal analytical purposes.
CONSENT TO THE PROCESSING OF PERSONAL DATA
By ticking the box ‘I confirm’, I (the person giving consent) acknowledge and hereby consent to VIVAT TRADING LLC (‘the Company’) collecting, storing and processing my personal data for the purposes of managing business operations, addressing compliance issues and paying taxes. My data will include, in particular: full name, gender, passport details, registered address and actual place of residence, telephone number and any other personal data that has been or will be provided or otherwise communicated by me and/or received by the Company and/or ARI from third parties (hereinafter referred to as the Data).
I am aware that I may at any time access my Data that is being processed, and request the necessary corrections, as well as withdraw my consent to the processing of the Data by the Company and/or API by sending a written notice to the following address: 14000, Chernihiv Region, Chernihiv, 18 Hetmana Polubotka Street.
I am aware that any justified requests to amend or delete my Data must be sent in writing to the following address: 14000, Chernihiv Region, Chernihiv, 18 Hetmana Polubotka Street. I give my unconditional consent to the Company and API having the right to transfer my Data to foreign entities involved in personal data processing (cross-border transfer), in particular to any of their affiliates. I agree that the Company and API and any of their affiliates, including those located abroad, may transfer the collected Data to third parties who assist the Company and/or API and its affiliates in managing their business operations and who will have contractual obligations to maintain the confidentiality of the Data, including, but not limited to: service providers and others. Such third parties and affiliates may be located in the EU, as well as in any other countries.
I confirm, understand and agree to the following:
1) I have been duly informed of the inclusion of my Data in the Company’s personal data database, of the purpose of collecting and processing my personal data, and of its transfer to third parties. The consent I have given does not require a separate notification;
2) I have read the Notice regarding the data controller, the scope, content and purpose of the collection of personal data, the parties to whom personal data is transferred, and the rights of the data subject;
3) I agree to the modification of my Data and/or its destruction upon expiry of the period specified below, without further notice of such modification/destruction;
4) The processing (including the use) of my Data may take place in countries where data protection legislation may differ from that of Ukraine;
5) I have read the Company’s Privacy Policy, available at https://gopack.biz, in order to obtain further information about the Company’s procedures for ensuring the confidentiality and protection of Data.
This consent to the processing of personal data is valid for 3 (three) years from the date it is given. Upon expiry of this period, the consent is deemed to be automatically renewed for each subsequent three-year period unless notice of its withdrawal is provided. As it is currently unknown when ARI will need to process the Data as provided for in the terms of this consent to the processing of personal data, and in accordance with Article 212 of the Civil Code of Ukraine, this consent is granted to ARI subject to a condition precedent. I hereby understand and agree that ARI will process my Data as provided for in the terms of this consent to the processing of personal data only from the moment I receive the notification provided for in Article 12 of the Law of Ukraine “On the Protection of Personal Data” or another notification required by Ukrainian legislation on the date ARI sends such a notification, or a notification from ARI in any form, if at the time of sending the notification Ukrainian legislation does not stipulate specific requirements for such a notification.
NOTICE REGARDING THE CONTROLLER OF PERSONAL DATA, THE NATURE, CONTENT AND PURPOSE OF THE COLLECTION OF PERSONAL DATA, THE PARTIES TO WHOM PERSONAL DATA IS TRANSFERRED, AND THE RIGHTS OF THE DATA SUBJECT
LLC ‘VIVAT TRADING’ (registered office: 14000, Chernihiv Oblast, Chernihiv, 18 Hetmana Polubotka Street), hereinafter referred to as the ‘Company’, in compliance with the requirements of the Law of Ukraine ‘On the Protection of Personal Data’ (hereinafter also referred to as the ‘Law’), in connection with the collection of personal data, hereby informs you, as the data subject, of the following:
1. The personal data you have provided has been collected into a personal data database owned by the Company.
2. The personal data collected about you includes, in particular: full name, gender, passport details, registered address and actual place of residence, telephone number and any other personal data that has been or will be provided or otherwise communicated by you and/or received by the Company from third parties.
3. The personal data collected about you will be processed by the Company on the basis of the consent you have given to the processing of personal data, for the purposes specified in that consent, namely: managing business operations, addressing compliance issues and tax payments.
4. The Company and any of its affiliates, including those located abroad, may transfer the personal data collected about you to third parties who assist the Company and its affiliates in managing business operations and who will have contractual obligations to maintain the confidentiality of such data, including, but not limited to: service providers and others. Such third-party recipients of data may be located in the EU.
The data subject, in accordance with the Law of Ukraine ‘On the Protection of Personal Data’, has the right:
1) to know the sources of collection, the location of their personal data, the purpose of its processing, the location or place of residence (stay) of the controller or processor of personal data, or to issue a corresponding instruction to authorised persons to obtain this information, except in cases established by law;
2) to receive information regarding the conditions for granting access to personal data, including information about third parties to whom their personal data is disclosed;
3) to access their personal data;
4) to receive, no later than thirty calendar days from the date of receipt of the request, except in cases provided for by law, a response as to whether their personal data is being processed, as well as to receive the content of such personal data;
5) to submit a reasoned request to the controller of personal data objecting to the processing of their personal data;
6) to submit a reasoned request for the amendment or erasure of their personal data by any controller or processor of personal data, if such data is processed unlawfully or is inaccurate;
7) to protect their personal data from unlawful processing and accidental loss, destruction or damage arising from deliberate concealment, failure to provide or untimely provision of such data, as well as to protect against the disclosure of information that is inaccurate or defames the honour, dignity and business reputation of a natural person;
8) to lodge complaints regarding the processing of their personal data with the Ukrainian Parliament Commissioner for Human Rights or with a court;
9) to seek legal remedies in the event of a breach of legislation on the protection of personal data;
10) to set out restrictions on the processing of their personal data when giving consent;
11) to withdraw consent to the processing of personal data;
12) to be informed about the mechanisms of automated processing of personal data;
13) to be protected against automated decisions that have legal consequences for them.