Terms and conditions
It is assumed that by using our Website you agree to the following terms and conditions.
TERMS AND CONDITIONS
The present website (hereinafter – Website) and materials posted on it, unless stated otherwise, belong to SMART BUSINESS LLC that is registered in Ukraine with Company’s number 36351673. The company’s registered office is at 8-А Ryzka Str., Kyiv, Ukraine. Whenever such notions as SMART, we, us and/or our are mentioned in the text on any page of the Website, they imply SMART BUSINESS LLC.
1. USE OF WEBSITE
By visiting this Website, you confirm your agreement with the following Terms and Conditions. Please, avoid visiting or using the Website, if you are unwilling to be legally bound by such terms. We reserve the right to change these terms at any time and recommend reviewing them on a regular basis to keep yourself updated thereon. Your continuing use of the Website after the introduction of such changes is deemed to be your agreement with such terms as amended.
2. INTELLECTUAL PROPERTY
2.1 Copyright and all intellectual property rights to Website materials belong to SMART and are retained by SMART, unless expressly stated otherwise, including Website materials. You are allowed to use Website materials if you adhere to the following:
(1) Materials are used for information only;
(2) Materials are used for the purpose of personal, non-commercial use only; and
(3) When copying or downloading any Website materials, include reference stating that copyright to the respective material is reserved by SMART.
2.2 None of the provisions of these Terms and Conditions may be construed as the giving of either license or right to use any goods and services trademarks, or of copyright to any intellectual property of SMART or of any third parties.
3. REGISTRATION ON THE WEBSITE
During registration you get registered as a personal Website user and must use your own identification data. You have to provide accurate and full registration information. You are assumed to be registered as one user only. Your user name and password are your personal tools to access areas, which are available for registered users only; thus, they may not be used by anyone else to get access to such areas.
4.1 Information on this Website is public and may not be used as grounds for consideration of your individual cases. You should not act or refrain from actions on the basis of information available on this Website without specialized professional advice. Please contact SMART BUSINESS LLC to discuss your questions in the context of your individual case. Neither SMART BUSINESS LLC, nor its partners, employees, and agents undertake and bear any liability or obligations to compensate losses arising from any actions, which have or have not been taken by any parties relying on such information, or for any decisions made on its basis.
4.2 Website materials are meant for general management via the Website of issues of concern and services provided by SMART. Website materials are not meant to be and should not be viewed as professional advice. In case of any specific questions, contact SMART for advice.
4.3 Also, SMART bears no liability for any losses or damage (including without limitation any indirect, intentional or similar damage) resulting from any decisions or actions, either taken or omitted, based on the information available on our Website or on other websites it may have links to, or resulting from the use or misuse of the Website.
4.4. You agree to reimburse losses, protect SMART from any claims, liabilities, expenditures, damage, or costs (including without limitation court expenditures), which may arise from any violation by you of your liabilities under these Terms and Conditions.
5. THIRD PARTY WEBSITES
This Website may contain links to websites supported by other companies. SMART undertakes no liabilities with regard to the accuracy, timeliness, applicability and/or legitimacy of information posted on the websites of third parties. Availability of the third party website link does not mean approval of the information posted on it, just as it does not acknowledge any joint venture, partnership, or any other legal relationship between SMART and the company whose website link is available on this Website of SMART.
6.1 Information Collected during Your Website Visits
6.1.1 Collection of Personal Data. We may request your name, e-mail address, postal address and zip code, phone number, and company name, depending on the specific purpose your personal data is collected for.
6.1.2 Personal data are collected in the minimum amount and solely in order to allow prompt processing of your request by SMART. In some cases, additional information may be requested, which will allow us to give more relevant response to your request or to submit additional information to you, when you state your desire to get it. Provision of any personal data is voluntary.
6.1.3 No sensitive personal data is collected on the Website.
Sensitive personal data includes information relating to race or ethnic background, political views, sexual preferences, religious or similar convictions, membership in labor unions, physical or mental health, or criminal legal relations.
184.108.40.206 manage our website. Cookies identify individual users when they go to the Website and ensure Website personalization;
220.127.116.11 track information in our systems and determine user categories based on such parameters as address, browser type, and visited pages; and
18.104.22.168 analyze quantity of visits to different Website areas and guarantee that our website is a useful and efficient information source.
The majority of browsers may be set in such a way as to inform you when a cookie is sent to you or to allow its decline. Moreover, your Flash Player may be set in such a way as to enable you decline or delete flash-cookies. When cookies are declined, it typically does not hinder the use of the Website. However, in some cases cookies decline may hinder or have negative impact on the visual display or functioning of the Website, or on its specific areas or properties.
We may use web bugs (see detailed description below) on this Website or during our interaction with you in order to confirm that you received and/or viewed messages. Web bug is generally a one-pixel transparent graphic image (though it may also be visible) placed on a web-page or in an e-mail, allowing to check if a web-page or e-mail has been viewed or received.
During the Website visits we may collect technology information, which per se can not identify you by name. As an example, such information may include your IP (Internet Protocol) address, pages you visit on this Website, other Internet pages you visit, and what browser do you use when browsing the Website. Such technology information is used for the purpose of making assessment and improving efficiency of the Website, helping diagnose problems with our server, administering the website, tracking the source of website traffic, and identifying our users. We may also collect other technology information via this Website, such as the Website browsing activity and preferences also known as demographic and profile data. Currently we do not combine data described herein with your personal data, however we reserve the right to do so.
7.2 Use of Your Personal Data
7.2.1 We will use your personal data for the specific purpose they have been provided, unless you state your desire to receive additional information from SMART in its messages. When making a request for materials or to contact you, you may be offered to receive additional information from us, which is of interest to you.
7.2.2 If you want to cancel your subscription to SMART messages, you can do this at any time by clicking the unsubscribe link available in all messages or by sending a notice to email@example.com
SMART honors your rights and ensures their observance.
7.3 Your Data and Third Parties
7.3.2 Personal data is not provided to third parties for their own marketing purposes and SMART does not send out information to third parties.
7.3.3 We may disclose, transfer, sell, or assign any of the abovementioned information, including sensitive data, to third parties as a result of or within the scope of preparation for sale, merger, consolidation, changes in management, transfer of significant assets, restructuring, or liquidation of SMART, and you agree to such transfer of information in cases stipulated above.
7.4 Storage of Your Personal Data
Your personal data is stored only for the time necessary to process your request and within a reasonable time period after that for the purpose of our marketing follow-up. After that your information will be deleted. It may also be deleted at any time upon your request.
7.5 Security of Your Personal Data
7.5.1 Generally accepted technical and operational data security requirements have been introduced to protect your personal data against loss, misuse, modification, or destruction. SMART applies data encryption to better protect your data.
7.5.2 We can not guarantee that there are no viruses or malware on the Website. You agree that it is your liability to protect your information technologies and equipment you use to access our Website against such viruses and/or malware.
7.5.3 All employees and executives are bound to keep personal data in strict confidence and only authorized staff has access to such information.
7.6 Reference Links
7.6.1 SMART bears no liability for privacy policies of third party websites, links to which it gives; however, it is recommended to study privacy policies before providing any kind of personal data to such websites.
7.6.2 We can not guarantee that third party websites, links to which we give, have no viruses or malware. You agree that it is liability of such third parties to ensure security of third party websites and protection of your information technologies/equipment against viruses and/or malware on third party websites.
7.7 Access to Personal Data
7.7.1 You may change the personal data you made available to us, as well as delete any such personal data either in full or in part. In order to do that contact us at: firstname.lastname@example.org
7.7.2 SMART undertakes to keep accurate records of your personal data once available. However, ongoing accuracy of your personal data may not be guaranteed without your involvement. If your personal data gets outdated, please contact us to update such information and make it accurate.
7.8 Data Management
Personal data collection and processing outlined herein is controlled by SMART.
7.9 Comments and Questions
In case of any remarks or questions regarding these Terms and Conditions, please contact us at email@example.com
Should any of these provisions become illegitimate, erroneous, or otherwise unenforceable under the laws of any state or country, where such provisions were supposed to be enforced, then such provision has to be eliminated or removed from these Terms and Conditions to the extent and within the scope of jurisdiction, whereunder such provisions are deemed illegitimate, whereas the rest of provisions remain effective and enforceable.
9. LAW AND JURISDICTION
These Terms and Conditions should be regulated by and construed in accordance with the laws of the European Union pertaining to personal data security and with the laws of Ukraine. Since it is possible to access SMART Website from any country of the world, where laws may differ from Ukrainian laws, by visiting the Website you agree that Ukrainian laws will apply to any matters relating to your use of the Website. Both you and us give consent to exclusive jurisdiction of Ukrainian courts for the resolution of disputes. Nonetheless, we reserve the right on an as-needed basis to initiate enforcement proceedings in any court or in courts of any other country of residence of one of the parties.