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Privacy statement

Translation from Ukrainian into English
Appendix No.3
to newtend.com Electronic Trading Platform Regulations



PRIVACY STATEMENT. PERSONAL DATA PROCESSING
(hereinafter referred to as the “PRIVACY STATEMENT”)

1. GENERAL PROVISIONS ON PRIVACY


1.1. Prior to registering on the Electronic Trading Platform, the User shall thoroughly familiarize with the content of this Privacy Statement. Registration on the Electronic Trading Platform means full and unconditional consent to the terms and conditions, set forth in this Privacy Statement.

1.2. The information published on the Electronic Trading Platform may be confidential information, which shall be marked as “Confidential” and/or commercial secret, which shall be marked as “Commercial secret”, providing that the User, publishing such information, notifies on its confidentiality.

1.3. The following information shall not be deemed confidential:

1.3.1. information that is generally known or became known, but not due to the fault of the Operator of the Electronic Trading Platform;

1.3.2. information that was received by the Operator of the Electronic Trading Platform legally from a third party which had no obligations to protect this confidential information;

1.3.3. information that is not marked as “Commercial Secret” and/or “Confidentially” or if there have been no notifications on its confidentiality;

1.3.4. information that shall not be referred to as the confidential information and/or commercial secret in accordance with the applicable legislation.

1.4. The Operator and the Users shall be liable for:

1.4.1. unintentional disclosure (public disclosure) or use of the confidential information, if they do not exercise the same high degree of diligence, which they would have exercised within the reasonable limits in relation to their own confidential information of similar importance, and, after the detection of such unintentional disclosure or use of this information, do not try to stop its unintentional disclosure (public disclosure) or use;

1.4.2. unauthorized disclosure (public disclosure) or use of the confidential information by the persons who are or were employed by them under the employment agreement (contract), civil contract or on any other grounds if they have not been able to protect the information with the same high degree of diligence, which they would have protected within the reasonable limits in relation to their own confidential information of similar importance.

1.5. The User shall not be entitled to use the Electronic Trading Platform, if he does not agree with the terms of this Privacy Statement, or if he is not the authorized representative of a legal entity.

1.6. The Operator shall ensure protection of the confidential information and commercial secret, published on the Electronic Trading Platform.

1.7. The employees of the Operator shall use the confidential information and commercial secret, as well as personal data of the User only in accordance with their professional, official or employment obligations. These employees undertake to prevent disclosure of personal data, entrusted to them or that became known to them in the process of fulfilment of their professional, official or employment obligations, except as provided by the applicable legislation. Such obligation shall remain valid after termination of the activities relating to the confidential information, trade secret and/or personal data, except as provided by the applicable legislation.

2. PERSONAL DATA PROCESSING

2.1. By registering on the Electronic Trading Platform or providing personal data by other means, the User gives his definite consent to the Operator for processing of his personal data.

2.2. The Operator shall carry out processing of personal data of the User as follows: collection, registration, gathering, storage, adaptation, alteration, updating, use, distribution (dissemination, implementation, transfer), depersonalization, destruction of personal data using automated tools as well as processing of personal data, contained in the file cabinet or intended to be added to the file cabinets by using manual means.

2.3. The User shall provide and the Operator shall collect (process) his personal data with the following purposes: identification of the User on the Electronic Trading Platform, address provision of the Electronic Trading Platform services, provision of civil, economic, legal, tax relationships, fulfilment of contractual obligations to provide services and improve quality of services provision as well.

2.4. The User acknowledges that in case of negligent attitude of the User to protection of his personal data as well as to his login and password, the third parties may obtain unauthorized access to “My Profile” and personal data of the User. The Operator shall not be liable for the damage caused to the User as a result of such unauthorized access.

2.5. The letter of notification on successful registration on the Electronic Trading Platform sent to the Email of the User shall be deemed a sufficient notification of the User on the following:

— the Operator of the Electronic Trading Platform shall be deemed the holder of the personal data of the User;
— the composition and content of the collected personal data: name, surname, patronymic name of the User, his contact phone numbers, email address, bank details of the legal entity he represents;
— the rights of the User as the subject of the personal data: the rights defined in Article 8 of the Law of Ukraine “On Personal Data Protection”;
— the purpose of the collection of the User`s personal data, which is defined in provision 2.3 of the Privacy Statement;
— the persons to whom such personal data is being transmitted: the Operator shall not transmit the personal data of the User to the third parties unless such transmission is prerequisite for the provision of services of the Electronic Trading Platform. The third parties may use the User’s personal data if they provide services to the Operator, if such services are prerequisite for the provision of services of the Electronic Trading Platform.

2.6. The User may change or delete his personal data at any time using the corresponding service of the Electronic Trading Platform. The personal data of the User having been used in the process of services provision by the Operator of the Electronic Trading Platform shall be stored after its deletion for the purpose of processing of the personal data specified in provision 2.3 of the Privacy Statement.