Terms and conditions of use
Confidentiality provisions
These Confidentiality provisions outline the process for collecting, use, sharing and other types of handling of the personally identifiable information (hereinafter “PII” as defined below), by AVD-Invest and AVD-Trade and their affiliates (jointly referred to as “AVD-Invest”, “AVD-Trade”) relating to:
- Website visitors, users of mobile applications and other web-based functions (hereinafter individually referred to as “the Website”)
- Persons being customers, potential customers, vendors and potential vendors engaged in business transactions with AVD-Invest, AVD-Trade;
- Representatives or contact persons of such customers, vendors and potential customers and vendors;
- Other persons whose PII is received by AVD-Invest, AVD-Trade.
In these Confidentiality provisions the “Personally identifiable information” or “PII” means any information, set of information, whether independent or in combination with other Personally identifiable information, processed by AVD-Invest, AVD-Trade, which is sufficient to directly or indirectly identify an individual.
GDPR means the General Data Protection Regulation applicable in EEA since 25 May 2018.
Overview
Unless otherwise stated, AVD-Invest and AVD-Trade shall be the data controller of the processed PII and thus responsible for compliance of our systems and processes with the applicable data protection law.
The employees of AVD-Invest and AVD-Trade shall observe these Confidentiality provisions and related personal data protection policies of AVD-Invest and AVD-Trade while handling PII and shall complete data protection training, if relevant for their role.
Summary of the key items (anchor navigation):
- PII collection
- PII use
- PII sharing
- Data subject rights
- Data security
- Third party website disclaimer
- Cross-border data transfer
- PII retention
- Update of the Provisions
PII collection
We may collect the following classes of PII about the Website visitors, customers, potential customers, vendors, individuals being former, present or potential employees and directors of AVD-Invest, AVD-Trade and other third parties:
- Basic identification information such as name, job title, company name, email address and/or postal address, and landline and/or mobile telephone number;
- Administrative information (such as, identification documents, date of birth, gender, language, etc.);
- Numerical data (such as, login data, IP address);
- Biometric data (such as, image, sound, video);
- Financial information (such as, bank account details, credit card details, tax information, transaction data);
- Any additional information that you may volunteer to provide (for instance, when filing out a form or subscribing for electronic newsletter distribution).
The said information may be directly provided by the above named individuals, or by an entity being their employer (for instance, where they are the contact person nominated by their employer to handle business relations with AVD-Invest and AVD-Trade.
PII use
Listed below are the purposes for our use of PII and the legal grounds for such handling:
- We use device data for our Websites to be more intuitive and user-friendly. It is within our legitimate interests to monitor how our Websites are used so that we can improve the layout and information available on our Websites and provide a better service to our Website users;
- We use basic data, registration data, transaction data and device data to assure security and effective function of our Websites and IT systems. It is in our legitimate interests to monitor, how our Websites are used in order to detect and prevent fraud, other offense and misuse of our Websites. This helps us assure you security while using our Websites;
- Carry out business and procurement activity relating to our products and services;
- Trade our products and services;
- Manage our customers and vendors (for instance, user registration, opening of an account, credit check);
- Manage and improve relations with our customers and vendors;
- Provide our products and services to our customers (such as administrating and tracking purchases, payments, returns, invoicing management; service arrangement);
- Draft and manage contracts with our customers and vendors;
- Improve our existing products and services (or products and services in development) through survey among customers and persons other than our customers, statistical data and tests or by means of requesting feedback on products and services;
- From time to time distribute electronic advertising messages about our products, special offers and information that could be interesting for your employer company, using the e-mail address provided by yourself or on your behalf (if any);
- Communicate with you through various channels (for instance, by sending you from time to time electronic advertising messages about our products, including special offers and information);
- Track activity in our facilities, including compliance with the applicable policies as well as rules of security, workplace health and safety;
- Manage and control our Websites, It-resources, including infrastructure management and business continuity;
- Manage our archiving and record keeping processes;
- Protect the economical interests of the company;
- Respond to an official inquiry of a government or judicial body subject to a proper authorization;
- Manage the legal and regulatory requirements, protect our lawful rights, prevent and reveal offense, including regular monitoring of compliance with the requirements.
Legal grounds of data handling
We are not allowed to handle PII unless for a lawful reason. Therefore, we will only handle PII:
- Subject to your prior agreement;
- Where handling is necessary for the performance of our contractual liability before you or for taking action prior to making contract at your request;
- Where handling is necessary to observe our legal or regulated liabilities (such as the tax accounting and reporting requirements);
- Where processing is necessary in the lawful interests of AVD-Invest and AVD-Trade and has no illegal effect of your interests or basic rights and freedoms. Please note that when processing your PII on this basis, we strive to strike a balance between our legitimate interests and keeping the information we have collected about you confidential.
PII sharing
We may share PII with the following classes of recipients:
- Our employees (to the extent they need such information to perform their tasks) and other affiliates of AVD-Invest and AVD-Trade;
- Contractors of AVD-Invest and AVD-Trade, business partners and experts, as well as third-party consultants, agents, auditors, banks and depository;
- Any third party that we transfer or assign to our rights and liabilities under the respective agreement;
- Handlers or sub-handlers, such as our It-service suppliers, cloud service suppliers or data base suppliers;
- Any national and/or international regulating, enforcement or exchange regulating body or court, where we are required to do so under the applicable law or regulation or upon their request;
- Any central or local government department and other legally established or state authorities;
For any questions related to the parties that we share PII with, feel free to contact us at the address provided below.
Data subject rights
Your personal information being handled by AVD-Invest and AVD-Trade means that you are data subject and you have certain rights outlined by GDPR, including if you represent a company incorporated within EEA (European Economic Area). For more information, please see the Privacy Policy.
Access right
You are entitled to obtain from us a confirmation whether your personal data is handled. Where such data is handled, you can be granted access to personal data and information mentioned in GDPR Article 15.
Right to rectification
Where your personal data is inaccurate or incomplete, you have the right to have us correct or supplement it without undue delay.
Right to erasure (“right to be forgotten”)
You have the right to request that we delete your personal data without undue delay where one of the specific grounds applies and processing is not required pursuant to GDPR Art. 17 para. 3.
Right to restriction of processing
In certain circumstances you are entitled to request restriction of processing from us.
Right to data portability
In certain conditions as stipulated in GDPR, you are entitled to receive your personal data, which you provided us with, in a structured, commonly used and machine-readable format and you are entitled to transfer this data to another controller without us causing obstacles.
Right to object
You have the right to object on the grounds relating to your specific situation to processing of your personal data, which is granted by GDPR clauses (e) or (F) of Art.6 (1). Following that we shall not process the personal data unless we are able to provide convincing legal basis for processing, which would annul your interests, rights and freedoms, as well as to establish, enforce and protect legal requirements.
Right to file a claim to the overseeing body
Where you believe that processing of your personal data violates the GDPR, you have the right (without prejudice to any other administrative or judicial remedy) to file a claim to the overseeing body, namely in the country of your residence, employment or the place of alleged violation.
Data security
We have introduced physical and procedural security to protect PII at our disposal and control from unauthorized access, use or disclosure.
While we always strive to protect our systems, websites, operations, and information from unauthorized access, use, modification and disclosure, due to the nature of the Internet as an open, global communications medium and other risk factors, we cannot guarantee that any information during transmission or storage in our systems will be absolutely protected from intrusion by unauthorized persons.
You also play an important role in PII protection. You must not share the username, password, or other authentication information provided to you with any person, and we recommend that you do not use the same passwords on multiple websites or applications. If you have reason to believe that your username or password has been compromised, please contact us at the addresses below.
Third party website disclaimer
Our Website may contain links to third party websites, owned and controlled by a third party independent from AVD-Invest and AVD-Trade (“Third party website”). You bear all risks associated with accessing any links to or from a Third party website. Your use of a Third party website, or your provision of any information to such website, is subject to the Third party website’s terms of use, including confidentiality, privacy, or security terms.
Unless otherwise agreed in writing, AVD-Invest and AVD-Trade are in no way connected to the owner or operator of the Third party website and are not responsible for goods or services offered by such website or any other liability in relation to such website. AVD-Invest and AVD-Trade do not undertake or confirm and not guarantee, warrant or commit in any way in relation to the contents of the Third party website.
In addition to the conditions of AVD-Invest and AVD-Trade Privacy policy, AVD-Invest and AVD-Trade disclaim any liability for any loss, damage or other consequences arising directly or indirectly from visiting a Third party website, providing information or making a transaction to or through a Third party website, or due to the inaccuracy of information published on a Third party website or the poor quality of goods or services offered by it, any errors, omissions or misrepresentations of information by such Third party website, as well as computer viruses or system failures associated with the Third party website.
In case of discrepancy between this Disclaimer/AVD-Invest and AVD-Trade Privacy policy and the Third party website policy, the conditions of this Disclaimer/AVD-Invest and AVD-Trade Privacy policy shall prevail.
By proceeding to Third party websites, you confirm that you have read and agree to the terms of this Disclaimer and the AVD-Invest and AVD-Trade Privacy policy.
Cross-border data transfer
We may transfer PII in jurisdictions for the above described purposes, including some jurisdictions which may not assure the same data security levels as your country of residence. For instance, some of our Websites are located in servers in Russia. If you are located outside of Russia, the transfer of the PII is necessary to provide you with the requested information and / or perform any requested operation. To the extent permitted by the law, such provision also represents your agreement to cross-border data transfer.
As regards transfers originating from the European Economic Area (EEA) to Russia and other jurisdictions outside the EEA, we apply the respective solutions to effect cross-border transfer in accordance with the requirements and approvals stipulated in GDPR Articles 46 and 49. Where required by the relevant laws, you may request a copy of the respective mechanisms that we use by applying to us at the below listed addresses.
PII retention
We will retain your PII for as long as necessary to fulfill the purposes for which we have collected it, including to comply with any legal, accounting or reporting requirements.
The criteria we use to determine PII retention periods include: the purposes for which PII is collected, statutory limitation periods, statutory retention periods, applicable contractual requirements, and relevant industry standards.
Updates of these Provisions
We have the right to update these Confidentiality provisions from time to time. If updated, we will revise the effective date at the top of the Confidentiality provisions and take additional steps as may be required by law.