This
Privacy Policy is part of the User Agreement (hereinafter – the “Agreement”) establishing terms and
conditions for use of EQVI, an application for mobile devices (hereinafter –
the “Application”), available at
Europe, CIS, Asia and by accepting the terms of the Agreement You give
yourconsent to the processing of your personal data in accordance with terms of
this Privacy Policy set forthherein.
1.1. EQVI LLC, organized and existing in accordance with legislation of the
USA (hereinafter – the
“Operator”) acts both as the controller
and the processor of Your personal data as provided for by Regulation (EU)
2016/679 of the European Parliament and of the council of 27 April 2016 on the
protection of natural persons with regard to the
processing of personal data and on the free movement of such data, and
repealing Directive 95/46/EC (General Data Protection Regulation, GDPR).
1.2. The contact details for the data protection officer of the Operator and
other representatives of the Operator are indicated in Section 12 of this
Privacy Policy.
2.
The purposes for which Your personal
data will be used by the Operator:
2.1.
The
Operator may use Your personal data for the following purposes:
2.1.1.
Your
Identification for entering into and performance of the Agreement with You;
2.1.2.
Performance
of the terms of the Agreement with You, including the following activities
required for due performance of the Agreement:
a)
Selection
of clothing, footwear and accessories (hereinafter – the “Products”) offered at online stores of third parties (hereinafter –
the “Stores”) in accordance with
Your preferences to the Products determined via use of the Application;
b)
Promotion
of the Application and Operator services, including informing You about
Operator’s new products, new functions of the Application as well as promos and
discounts,
c)
Development,
improvement, modernization, updating of services and products of the Operator
d)
Informing
You in connection with performance of the Agreement
e)
Payment
of part of money spent by You on purchases at the Stores (hereinafter – the “Cashback”) in accordance with the
Agreement, applicable law and requirements of the payment systems used for
Cashback payment
f)
Analysis
of the consumer market with consideration of Your personal data and using the
Application for marketing of products and services of Operator (hereinafter
referred to as the
g) Compliance with the requirements of
the applicable law or the decision of a court or other competent state or
municipal authority;
3.1.1. You are solely responsible for updating and
maintaining the correct information in Your Personal Account in the Application. You may amend Your personal
information at any time in Your Personal Account.
3.1.2. The information You provide the Operator with:
(i) Your name
(ii) Your mobile phone number
(iii)
Your
age range; (iv) Your hair color;
(v) Your eye color;
(vi) Currency used;
(vii)
Details
of Your bank payment card or other electronic means of payment.
(viii)
Your
name and surname (if required by payment systems)
(ix)
Your
physical address (if required by payment systems)
(x)
Your
email address (if required by payment systems) 3.1.3. The information
that the Operator receives from other sources:
(i) Information about purchased Products
(ii) Amount paid for the Products
(iii)
Your
identification number (ID) in the Application, assigned after registration
(iv) Your IP address
(v) Your geolocation
(vi)
Identifiers
(UUID, model, and others) of Your mobile device (vii) Your operating system and its version.
(viii) Time zone.
(ix) Language used.
(x)
Cookies
(small files stored in the memory of Your device, designed to personalize Your
activity and behavior in the Application and Stores).
4.1. The way the Operator uses Your personal data depends on the specific
purposes for processing it.
In order to
obtain Your personal information for execution of the Agreement, the Operator
must obtain sufficient information to establish Your identity, indicated in
paragraphs (i) and (ii) of clause 3.1.2. hereof. The Operator collects,
records, stores and systematizes this information through automated means as
well. Such personal data is processed until termination of the Agreement in
accordance with terms and conditions of the Agreement.
For the
purposes of due performance of the Operator’s obligations under the Agreement,
and, in particular, to select the Products most
suitable to Your according to Operator’s evaluation, the Operator processes the
information indicated in paragraphs (i) to (v) of clause 3.1.2. hereof, (iii)
to (x) of clause 3.1.3. hereof. By using automated processing of the
aforementioned information, the Operator forms derived data about Your
preferences that is used for the purposes, indicated in paragraphs (a)-(d), (f)
and (g) of clause 2.1.2. hereof.
The
operator collects, records, systematizes, accumulates, and uses the personal
data listed above. The Operator may share personal data indicated in clause
3.1.3. hereof with the Stores, advertising platforms and services, partner
networks that the Operator cooperates with on the basis of agreements for the
purposes of receipt of commission fees for purchase of the Products.
The
Operator may use aforementioned personal data to send notifications to Your
personal account or Your mobile phone number, which
may concern operation of the Application, new functions of the Applications and
special offers to users of the Application.
The aforementioned personal data is processed until termination
of the Agreement in accordance with terms and conditions of the Agreement.
In order to
ensure due and timely Cashback payment, the Operator requires information on
the methods and details to use to transfer the Cashback and to be able to check
the status of the payment execution. For this purpose, the Operator obtains and
processes the information indicated in paragraphs (vi) to (x) of clause 3.1.2.
hereof. The Operator additionally obtains information on the possibility,
reception, and status of the payment execution from payment system operators,
banks, communications providers, and other intermediaries participating in the
Cashback payment. This information is collected, recorded, systematized,
accumulated, and used in the processing of payment records and transferring
Cashback.
The aforementioned personal data is processed until termination
of the Agreement in accordance with terms and conditions of the Agreement.
Market
Analysis is performed by the Operator with consideration of the behavior and
preferences of Application users for the growth of Operator’s business, which
may subsequently contribute to improving the quality of Operator’s services.
For the purposes of Market Analysis the Operator
collects, records, systematizes, accumulates, and uses information indicated in
paragraphs (i) to (vi) of clause 3.1.2. and clause 3.1.3. hereof. This
information may be shared with third parties subject to prior depersonalization
of this information. This information is considered for development of the
Operator’s market strategy, as well as the services and products of the
Operator.
The aforementioned personal data is processed until termination
of the Agreement in accordance with terms and conditions of the Agreement.
5.1. The Application may be maintained in the United States of America. By
using the Application, you authorize the export of personal data to the USA and
Republic of Armenia and its storage and use as specified in this Privacy
Policy. The Operator may transfer personal data from the EU to the USA and
Republic of Armenia and other countries, some of which have not been determined
by the European Commission to have an adequate level of data protection.
Information stored in the USA and Republic of Armenia may be subject to lawful
requests by the courts or law enforcement authorities in the USA and Republic
of Armenia.
5.2. If you are located in the EU, please contact the Operator via the
contact details indicated in section 12 hereof if you require further
information on the specific mechanism used by the Operator when transferring
your personal data out of the EEA.
6.1. The Operator processes Your personal data only if one of the following
conditions is met:
6.1.1. You have given Your consent to process Your personal data as provided for in the Agreement.
6.1.2. The processing of Your personal data is required for the performance of the Agreement.
6.1.3. The processing of Your personal data is necessary in accordance with the requirements of the applicable law, a decision of a court or other competent state or municipal authority.
6.1.4. You have made such data publicly available and accessible.
7.1. Recording, systematization, accumulation, storage, improvement
(updating, modification), extraction of Your personal data is performed with
the use of databases located on the territory of USA and Republic of Armenia.
8.1. The Operator takes reasonable and appropriate administrative, technical,
organizational, and physical security and risk management measures in
accordance with market standards and applicable laws to ensure that your
Personal Data is adequately protected against accidental or unlawful
destruction, manipulation, damage, loss or alteration, unauthorized or unlawful
access, disclosure or misuse, and all other unlawful forms of processing of
your Personal Data in possession of the Operator.
8.2. The Operator establishes control access to our facilities and applies
secure destruction to media containing your personal data. The Operator uses
network and information security technologies, monitors the systems and data
centers to ensure that they comply with security policies. The technology
safeguards are continuously adapted and improved in line with technological
developments.
8.3. The Operator conducts regular training and awareness programs on
security and privacy, to ensure that the Operator’s employees and contractors
understand the importance of protecting Your personal data, and that they learn
and maintain the necessary knowledge and skills effectively to protect it in
practice.
8.4. The security organization of the Operator applies policies, standards
and supporting security controls at the level appropriate to the risk level and
the services provided. In addition, appropriate security controls are
communicated to application owners and technology teams to support secure
development of products and a secure operating environment.
8.5. The Operator takes all reasonable measures to prevent personal data
breaches. If such breaches occur the Operator shall take appropriate actions
will be consistent with the role of the Operator in relation to the products,
services or processes affected by the breach.
9.1. The Operator and its partners use cookies or similar technologies.
Cookies are small text files that are stored on Your device and provide the
Operator with the ability to track, store, and collect information.
9.2. The cookies may be used by the Operator for tracking your purchases of the
Products in the Stores. When You purchase a Product, cookies provide the
details for calculating the Cashback. The cookies may also be used to recognize
that you have signed in to Your Personal Account so that you do not have to log
into Your Personal Account for a period of time, to provide analytics and
reporting and remember options you have selected for Your Personal Account
settings.
9.3. You may control cookies at the browser level. If you disable cookies you
might not receive Cashback from the Operator as the Operator will be unable to
calculate the Cashback.
10.1. The Operator takes
all reasonable measures to ensure
realization of Your rights in respect
of Your personal data. At
any time You may contact data protection officer of
the Operator with a request for the realization of Your rights indicated
herein. Contact details of the data protection officer are indicated in Section
12 hereof. Your request shall be executed not later than 1 (one) month from the
receipt of Your request.
10.2. You may realize the following rights in respect to Your personal data upon Your request:
(i)
the
right to access - You can ask for copies of your personal data;
(ii)
the
right to rectification - You can ask the Operator to rectify inaccurate
personal data and to complete incomplete personal data;
(iii)
the
right to erasure - You can ask the Operator to delete your personal data;
(iv)
the
right to restrict processing - You can ask use to restrict the processing of
your personal data;
(v)
the
right to object to processing - You can object to the processing of your
personal data;
(vi)
the
right to data portability - you can ask that the Operator transfers your
personal data to another organization or to you;
(vii)
the
right to complain to a supervisory authority - you can complain about our
processing of your personal data; and
(viii)
the
right to withdraw consent - to the extent that the legal basis of our
processing of your personal data is consent, you can withdraw that consent.
11.1. The Operator may
update this policy from time
to time by
publishing a new version in the
Application. You should check
the Application occasionally to ensure you consent with any changes to this
policy. If You disagree with any terms of this Privacy Policy, You must immediately cease to use the Application and notify
the Operator of Your intention to stop the processing of Your personal data.
You may
contact the Operator by using the "Support" function of the
Application interface.
You may
contact data protection officer of the Operator on issues related to the
processing of Your personal data:
Address:
RA, 0001 Yerevan, Belyakov 5/22
Email
address: info@eqvilibria.com
Company
name: EQVI LLC
Address:
RA, 0001 Yerevan, Belyakov 5/22