PERSONAL DATA PRIVACY STATEMENT
This Personal Data Privacy Statement shall be an integrated part of General Terms and Conditions and L8 End-User Service Agreement, applicable to the relations between L8 and any natural person being a User under the said Agreement, as well as to any natural persons for all orders at our online shop at the Internet address https://l8.ltd/m (customers). Unless otherwise agreed, deviating terms and conditions do not apply. The capitalized terms listed below are used herein in the following respective meaning:
Statement – this Personal Data Privacy Statement.
User – a natural person who has become or going to become the party to the Agreement and / or the customer for all orders at our online shop at the Internet address https://l8.ltd/m (hereinafter - Online shop). Users within the meaning of this Personal Data Privacy Statement are natural persons who have reached the age of 18.
Personal Data – any information relating to the User who can be identified, directly or indirectly, in particular by reference to an identifier.
Applicable Law – the law of Ukraine (excluding its provisions concerning the conflict of laws) unless effective and applicable regulation prohibit the parties hereto to exercise choice of law to some specific provisions hereof (in this case the “Applicable Law” shall mean the law of Ukraine where allowed and relevant another law where required)).
Any other capitalized terms used herein shall have the same meaning as determined in the Agreement, unless otherwise provided for herein or stated by the context.
Whereas L8 may process a Personal Data specified herein (when the User is a natural person), according to the applicable data protection regulation L8 considered as a controller and a processor regarding such Personal Data. L8 may sometimes request the User to provide (including repeatedly) some Personal Data during the effective term of the Agreement and / or during a purchase contract resulted from customer’s orders at the Online shop. Whereas L8 Software collects hardware and software configuration information without an opportunity to identify the User from whom such information has been collected, such information does not constitute Personal Data.
LAWFULNESS OF PROCESSING:
Any and all Personal Data in question may be processed only under the User’s consent which means that the User is entitled to choose which specific categories of Personal Data are authorized to be processed by L8, and for which specific purpose. User is also entitled to withdraw his or her consent (either fully or partly) at any moment.
Nevertheless, among the other categories of Personal Data requested by L8 there are categories necessary for the execution and performance of the Agreement (grounds for such necessity described hereinafter), therefore the User’s refuse to provide L8 with such Personal Data (as well as withdrawing of the provided consent thereto) makes execution and/or performance of the Agreement / L8 products sale impossible and results in not coming into effect or termination of the Agreement and / or purchase contract.
PERSONAL DATA PROCESSED:
L8, subject to the User’s consent (expressed as provided for hereinafter), may process the following Personal Data:
- User’s full real name (the First and the Last name);
- User’s email address;
- User’s telephone;
- User’s post address;
- User’s password.
L8 processes only Personal Data provided by the User.
PURPOSE OF PROCESSING:
The processing of Personal Data is exercised for the following purpose: license activation and verification purposes and / or for provision of sale services at the Online shop (hereinafter – Services).
Processing of Personal Data for the purpose described above is necessary for the execution and performance of the Agreement and provision of Services whereas it allows L8 to conduct further examination of the person, actually using the Software, which is the only way to verify the License and prevent L8’s copyright infringements.
Such processing may include processing necessary for:
- assigning of such Personal Data to the specific License registered and activated by the respective User;
- comparing of Personal Data provided during License activation with Personal Data provided during verification procedure (for examining whether the person actually using the Software is the same person who entered into the Agreement and has been granted with the License);
- contacting the User via email to inform him or her on issues regarding the Agreement and / or the orders / the purchases at the Online shop (such as verification required, amendments, termination etc.).
Personal Data shall not be processed for any other purposes unless under the provisions of Applicable Law or under User’s consent.
If a natural person intends:
- to accept the offer of L8 regarding the Software and to become the User (a party to the Agreement)
and / or
- to order Services and to become the User (a customer for order (-s) at the Online shop),
he or she shall give L8 consent to process at least such Personal Data and at least for such purposes which are necessary for the Agreement effect and / or Services provision (as described above).
The consent providing consists of two steps.
The first step is giving the consent at the moment the User is giving or going to give L8 his / her Personal data, i.e.
- at the moment of account registration under https://l8.ltd/m/customer/account/login/.
- at the moment of ordering a product at the Online shop without account registration;
- before being allowed to download the Software at the L8 downloading webpage (-s) under https://l8.ltd/eusa.htm / https://l8.ltd/eusa2.htm.
At the first step the User gives the consent by checking respective box on the webpage (-s) of account registration under https://l8.ltd/m/customer/account/login/; and / or of the Online shop and / or of L8 downloading under https://l8.ltd/eusa.htm / https://l8.ltd/eusa2.htm.
The consent shall be given by checking the relevant box at the relevant webpage the said above. The link to this Statement shall be available near such a box.
The second step is giving the consent by the email in such a way:
L8 after having received from the User the consent under the first step, shall at the same moment send to the User’s email a letter of confirmation (as to the account registration and / or the ordering).
This letter shall contain the link to this Statement and the link by following of which the User shall confirm its consent secondly. Consequently, if the User’s consent is sufficient for execution and performance of the Agreement and Service provision, and the User confirms awareness of the terms and conditions hereof, such person shall be allowed to register his / her account and / or to order the product at the Online shop without account registration and / or to use the Software.
Upon the User’s consent regarding Personal Data, he or she shall receive the email of confirmation (as prescribed above) where except of the the link by following of which the User shall confirm its consent secondly, he or she shall be provided with:
- a summary of such User’s consent (including respective category of Personal Data, purpose of processing, period of storing (criteria of determining thereof) etc.);
- a list of Personal Data of such User obtained by L8 up to date;
- rights of the User regarding Personal Data (e.g. the right to withdraw the consent);
- contact details of L8.
THE RIGHT OF THE USER REGARDING PERSONAL DATA PROCESSED:
Right to Withdraw the Consent:
The User shall have the right at any time to withdraw his or her consent to process respective Personal Data fully or partly, by notifying L8 on Contact email in free writing form. For withdrawing of the User’s consent, the User may be required to provide the information confirming the identity of the User (to confirm whether the withdrawing person is the User).
Consent withdrawal shall be effective on the next day following the notification on withdrawal by the User (but not earlier than in 12 hours after receiving thereof). For the avoidance of doubts, any processing during the period from the consent to the withdrawal of the consent shall remain lawful irrespective of withdrawal.
The User acknowledges that withdrawal of the consent regarding Personal Data and purpose of processing necessary for the execution and performance of the Agreement / the Services provision entails termination of the Agreement / Services provision.
Right of Access:
The User shall have the right to obtain from L8 confirmation as to whether or not Personal Data concerning him or her is being processed, and, where that is the case, access to the Personal Data and the information regarding its processing, rights of the User thereto. L8 shall provide User with the information as to the Personal Data undergoing processing.
Right to Rectification:
The User shall have the right to obtain from the L8 without undue delay the rectification of inaccurate Personal Data concerning him or her. Taking into account the purpose of the processing, the User shall have the right to have incomplete Personal Data completed. The User also have the right to demand restriction of further processing until the rectification. This right shall also be enforceable when Personal Data of the User provided before has been changed (e.g. change of User’s real name).
Right to Erasure:
The User shall have the right to obtain from the L8 the erasure of Personal Data concerning him or her without undue delay and the L8 shall have the obligation to erase Personal Data without undue delay if the Personal Data is no longer necessary in relation to the purpose for which they were processed or the User withdraws consent on which the processing is based. The User shall enjoy the right to erasure if there are no other legal grounds for further processing of the Personal Data in question.
Right to Data Portability:
The User shall have the right to receive the Personal Data concerning him or her, which he or she has provided to L8, in a structured, commonly used and machine-readable format and have the right to transmit those data to another controller without hindrance from L8. In exercising his or her right to data portability, the User shall have the right to have the Personal Data transmitted directly from L8 to another controller, if technically feasible.
THE WAY AND PERIOD OF PROCESSING:
The Data processing is carried out using computers and/or IT enabled tools, following organizational procedures and modes strictly related to the purpose indicated. In addition to the Owner, in some cases, the Data may be accessible to certain types of persons in charge, involved with the operation of this Statement (administration, sales, marketing, legal, system administration) or external parties (such as third-party technical service providers, mail carriers, hosting providers, IT companies, communications agencies) appointed, if necessary, as Data Processors by the L8. The updated list of these parties may be requested from the L8 at any time.
L8 processes the Personal Data necessary for the execution and performance of the Agreement / the Services provision during the whole period from its collecting from the User and to the termination of the Agreement / the Services provision. Upon the termination (irrespective of the reason thereof) L8 shall cease processing of, and delete, any and all Personal Data regarding the User. The User acknowledges and understands that upon the termination date of the Agreement / the Services provision / deleting an account any his or her right regarding Personal Data related to access thereto, erasure, portability thereof, and any similar right enforceable only where L8 holds User’s Personal Data, expires and he or she shall not be able to demand L8 to perform its respective obligations.
COOKIES, LOG FILES
Log files are the server files containing the following information:
- domain name or IP address;
- URL, return code ‘http’;
- the date and duration of visiting the website and / or L8 software use;
- the ways / means of L8 software use.
While using this website and / or L8 software, log files are automatically created and transferred to L8 log system. The information from the log files is then used by L8 to analyze events, identify errors, failures, compile statistics, report, to track the actions of suspicious users, nodes, etc. Combined with other data, this information helps L8 to find information as to L8 software or other products most attractive to the User. This makes it possible to develop new features, characteristics of L8 products or improve thereof, as well as to make the use of this website and L8 software appropriate and convenient for the User.
L8 confirms that it has implemented and takes appropriate technical and organizational measures to ensure that processing is performed securely in accordance with this Statement and Applicable Law to prevent unauthorized access, disclosure, destruction of Personal Data and any other breach. Such measures may be reviewed and updated where necessary. L8 shall provide User with relevant information on security measures conducted upon the User request.
Personal Data shall be processed only by L8 without transfer to any other person. Processing is exercised only at the L8’s office.
L8 undertakes to inform the User on any issue threatening the rights and freedoms of the User.
The User shall have the right to contact L8 on any issue regarding Personal Data using theL8 contact email: email@example.com or any other means.
L8 undertakes to reply any such communication without undue delay and always within 1 month.
If any directly Applicable Law requires wider protection of User’s Personal Data and a wider scope of User’s rights regarding Personal Data, L8 shall be obliged to provide such wider protection and satisfy respective User’s rights.
OWNER AND DATA CONTROLLER:
L8 LLC, Mykoly Vasylenka Str., 7A, Kyiv, Ukraine.
Contact email: firstname.lastname@example.org and/or email@example.com