PRIVACY POLICY
1. GENERAL PROVISIONS
1.1. This Privacy Policy was developed by FINE DIGITAL AGENCY Limited Liability Company, a legal entity registered in accordance with the legislation of Ukraine, identification code: 43674473 (hereinafter – the “Company”).
1.2. The privacy policy is published on the Company’s website my-gin.com.ua and its corresponding version is valid from the moment of its publication on the website.
1.3. The privacy policy establishes the procedure for the transfer, receipt, collection, processing, storage, use and protection of personal data of the Users of the my-gin.com.ua Site and the My Gin Mobile application in accordance with the current legislation of Ukraine, in particular, in accordance with the norms established by the Laws of Ukraine “On protection of personal data”, “About copyright and related rights”, “About electronic commerce”, “About protection of information in information and communication systems”, etc.
1.4. The privacy policy is an integral part of the Public Offer (hereinafter – the “Offer”), which is available at the link: https://my-gin.com.ua/en/public-offer.
1.5. Personal data in the sense of the Privacy Policy is any information that directly or indirectly relates to a specific User (hereinafter – Data). This may include: name, surname, photo, information about age, mobile phone number, email address, information about the field of activity or preferences, region of residence, IP address, information about devices used by the User (computer, type of browser, operating system of a mobile device), messages during interaction with Users or with the Company, any other information that the User independently placed in his Account.
1.6. Data processing in the sense of the Privacy Policy means any actions performed by the Company with Data, including, but not limited to: receiving, collecting, processing, storing, using, systematizing, transferring, blocking, deleting, clarifying, updating, changing, etc.
1.7. All terms used in the Privacy Policy with a capital letter and the definition of which is not provided in the text of the Privacy Policy are used according to the definitions given in section 2 of the Offer.
1.8. The User agrees to the Privacy Policy, in case of any use of the Site and/or Mobile application. The fact of any interaction with the Site and/or Mobile application confirms that the User is familiar with the Privacy Policy, understands its content and fully accepts it without any comments.
2. STATEMENT-CONSENT TO PROCESSING PROVIDED INFORMATION
2.1. The User, any person (data subject) who transfers Data and is on the Site or uses the Mobile application in any way, gives the Company’s consent to Data Processing, i.e. the performance of any actions (operations) or a set of actions ( operations) with the use of automation means or without the use of such means, including collection, recording, systematization, accumulation, storage, clarification (updating, modification), extraction, use, transfer (distribution, provision, access), depersonalization, blocking, deletion, disposal , processing on paper media and/or by entering data into an electronic database.
2.2. The User acknowledges that Data Processing is carried out by the Company for the purpose of providing Users with a safe and effective Service, providing access to the Company’s Products, managing and improving the Company’s Products, informing about the Company’s Products and any other information on behalf of the Company, for the protection of the Company’s interests and in other purposes permitted by law and agreed with the User and any other person providing the Data.
2.3. In the case of providing Data in relation to third parties, the User guarantees that such third parties have given their consent to the distribution of their Data. The User provides the Data of third parties at his own risk and is independently responsible to the relevant third parties for the distribution of their Data.
2.4. The User, any person who transmits Data, agrees that in certain cases the Company may transmit information to third parties, including persons who provide support for the Company’s services and services, in an amount sufficient and exclusive for such support.
2.5. The User agrees that some of the Company’s Products and Service or a certain part thereof may be unavailable or restricted if the User refuses to provide the Company with the requested Data.
2.6. The consent of the Data subject to the processing of the provided Data, contained in this Statement of consent to the processing of the provided information, is valid indefinitely and may be revoked at any time by the Data subject by writing to the Company in accordance with current legislation.
3. INFORMATION REQUESTED AND COLLECTED
3.1. The Company asks the User for a minimum amount of information, which is Data in the sense of this Privacy Policy, in order to maintain interaction with the User.
3.2. In the case of signing up for a VIP subscription to receive a paid Service, the User grants the payment service provider the right to receive information about the User’s debit or credit card number and other financial information necessary exclusively for making such a purchase.
3.3. Any request by the User to the Company’s support service is accompanied by the collection of the necessary information, which can be collected exclusively for the purpose of ensuring high quality of service
3.4. The User’s chats with other Users in the “Chat” Tab, including the content of publications sent to such a chat, are subject to data processing.
3.5. The Company may process automatically: information about activity on the Site and Mobile Application, information about the device (hardware and software, IP address, identifier, device type, settings and characteristics for specific devices and applications, application failure, advertising identifiers: AAID Google and IDFA from Apple), browser type, version and language, operating system, time zones, identifiers associated with cookies or other technologies that can uniquely identify a device or browser; wireless and mobile network connection; information about device sensors such as accelerometers, gyroscopes, and compasses.
3.6. If the User gives permission, the Company collects Geolocation Data in various ways depending on the device used, including GPS, Bluetooth or Wi-Fi connection. In this case, the User’s geolocation is collected in the background.
3.7. In the process of processing Users’ orders, the Company may also process other information. In order to see which Performers are recommended by acquaintances, the User may, with his own consent, provide the Company with access to the contacts contained on such a User’s device. To provide certain content, such as images or videos, the User can provide access to the camera or photo album of their own device. Certain information that the User chooses to provide to the Company may be considered “special” or “sensitive” in certain jurisdictions, such as racial or ethnic origin, sexual orientation, and religious beliefs. In any case, the provision of information of this content is automatically accompanied by the User’s consent to the processing of the relevant information.
3.8. In the case of sending any information to the address of the person who provided the Data and/or the persons whose Data are provided, the Company reserves the right to choose any channels of transmission of the specified information and the content of the transmitted information.
4. PURPOSE OF INFORMATION (DATA) COLLECTION BY THE COMPANY
4.1. The collected Data is used by the Company to create an Account, provide the Service, receive payment for the provision of the Service, contact the User regarding the Account. By agreeing to the Privacy Policy, the User acknowledges that without Data processing the Company will not be able to provide the Service and fulfill any other obligations stipulated in the Offer. The Company does not sell Data to third parties.
4.2. The main goal of the Company when collecting Data is to provide the User with a safe and effective Service. The User agrees that the Company may also use the User’s Data for the purpose of:
– provision of services (Service) and customer support at the User’s request;
– fulfillment of the terms of the concluded Offer with the User;
– resolution of disputes, collection of feedback and detection of malfunctions in the operation of the Site or Mobile application;
– individual customization, analysis and improvement of services, information content and advertising of products;
– informing the User about products, target marketing, updating services and advertising offers based on the User’s information preferences;
– sending individual marketing messages by sending a letter to an email address and phone number (which the User can opt out of at any time by changing information preferences);
– comparison of Data to confirm their accuracy and check them by third parties in cases provided by law.
5. DATA TRANSFER
5.1. The Company does not exchange or transfer User Data to third parties without the User’s consent, except when it is necessary to provide the Service and comply with the Company’s obligations specified in the Offer or to fulfill the legal requirements of the relevant authorities.
5.2. At the same time, the Company may provide User Data exclusively to the following third parties:
– Service providers and contractors of the Company. To support the Service, the Company may transfer Data to service providers, contractors and other third parties who also protect Data in accordance with this Privacy Policy.
– Payment processors. Some parts of the Company’s services may include payment processes, and in order to implement them, the Company may transfer certain financial information to payment processors, only as necessary for such a process.
– Marketing and advertising partners. The Company may transfer Data to marketing and advertising partners who also protect Data in accordance with this Privacy Policy in order to provide the User with personalized advertising materials.
– Law enforcement agencies, any other government agencies or third parties. The data is provided by the Company in response to a request for information in the framework of the investigation of criminal cases, any other illegal activity or any other activity that may lead to the involvement of the Company and/or the User.
5.3. In any other cases, the Company has no right to provide Data to any persons, including authorized state bodies, without a request issued in accordance with the laws of Ukraine.
6. COOKIES
6.1. The Company uses and allows others to use cookies and similar technologies (web beacons, pixels, etc.) to recognize the User and/or devices (for example, authentication, remembering preferences and settings, analyzing site traffic and trends, providing and measuring the effectiveness of advertising campaigns that enable the use of social functions), which the User can control using browser settings and other tools.
6.2. The Company notifies the User and the User understands that some web browsers (including Safari, Internet Explorer, Firefox and Chrome) have a Do Not Track (“DNT”) feature that tells the Website that the User does not want his activity on the Internet was monitored. If a website that responds to a DNT signal receives a DNT signal, the browser may block that website from collecting certain information about the browser user. Not all browsers offer a DNT option, and DNT signals are not uniform. For this reason, the Company does not respond to DNT signals.
7. SECURITY
7.1. The User’s personal data is stored in the Company’s information systems in various ways (encryption, passwords, access restrictions of related companies, employees and contractors, etc.) to protect the User’s Data from unauthorized access and disclosure.
7.2. The use, transfer, distribution, access, blocking, deletion of User Data is carried out only on the basis of the decisions of authorized representatives of the Company in accordance with the requirements of the applicable legislation and the legitimate interests of the User.
7.3. When making legally important decisions, interaction of the User with third parties at the request of the Company, for the purpose of fulfilling agreements with the User or at the request of the User, non-automated processing of Data is carried out in the volume determined by the goals of such interaction and in compliance with the requirements for the security of other data, which are not processed.
7.4. Despite the fact that the Company takes reasonable administrative, physical and electronic security measures aimed at protecting the Data from unauthorized access, the Company cannot guarantee the absolute security of any information transmitted by the User. User acknowledges that no security measure or method of data transmission over the Internet is absolutely reliable. The User does not have the right to make appropriate claims against the Company for the disclosure of Data that occurred through no fault of the Company, if the Company has taken all appropriate measures to protect the Data.
8. AMENDMENTS AND ADDITIONS
8.1. In the case of the need to make changes to the Privacy Policy, as well as in the case of changes in the legislation of Ukraine regarding personal data, the Company has the right to change this Privacy Policy at any time. The relevant version of the Privacy Policy shall be immediately published on the Site. Continued use of the Company’s Service and Products after making the relevant changes means the User’s automatic consent to accept such changes and the new version of the Privacy Policy.
9. DELETING AN ACCOUNT
9.1. The Company respects the User’s right to privacy and provides the User with the opportunity to delete their Account and all related Data at any time. For this purpose, the Mobile application provides a simple and convenient process for deleting the Account, which is described in the Terms of Use.
9.2. Upon completion of the Account deletion process, all information about the User and his Account will be completely deleted from the Company’s system. This includes deleting all Data, information about User activities and any other data associated with the Account.
10. OBJECTIONS AND DISCLAIMER AGAINST DATA PROCESSING
10.1. The User has the right to present a reasoned demand to the Company with an objection to the processing of his Data and/or to enter a reservation regarding the limitation of the right to process his Data when submitting an application for consent to the processing of the provided information.
10.2. The User has the right to submit a reasoned demand to the Company to change or destroy his Data, if these data are processed illegally or are unreliable.
10.3. The User has the right to withdraw consent to Data processing. At the same time, the User understands that such actions limit his access to the Service or its part, and may mean the refusal of the Offer and the need to immediately stop using the Site and the Mobile Application.
10.4. Claims or reservations provided for in clauses 10.1-10.3 of Section 10 of the Privacy Policy are sent in writing to the Company’s contact details contained in the Offer and on the Site. Failure to comply with the procedure for sending a request or warning in writing allows the Company not to respond to such a request or warning, in accordance with current legislation.
10.5. In compliance with the requirements of current legislation, the Company is obliged to make changes to the Data on the basis of a reasoned written request of the subject of personal data (in the sense of this Privacy Policy – the User).
10.6. The Company is obliged to make changes to the Data also at the request of other subjects of relations related to the Data, if there is the consent of the User as a subject of personal data or the corresponding change is carried out in accordance with the prescription of authorized state bodies or by a court decision, which entered into force.
10.7. Personal data that do not correspond to reality shall be changed by the Company immediately from the moment such inconsistency is established.
Publication date of the current edition of the Privacy Policy: 09/03/2024.