DARK BY RIOR

Privacy Policy for darkbyrior.com

PRIVACY POLICY

of the darkbyrior.ua website

Latest revision No. UA-02

approved on April 17, 2025

I. TERMINOLOGY

1.1. For a more precise understanding of the terms of this Privacy Policy, terms are used herein with the following meanings:

1.1.1. Privacy Policy refers to this document (Privacy Policy) posted at the following link: https://darkbyrior.ua/en/index.php?route=information/information&information_id=20

1.1.2. Website means the web page posted at darkbyrior.ua, including all subdomains (subfolders), owned by the Website Administration.

1.1.3. Website Administration refers to the Individual Entrepreneur Pospiekhova Mariia Vadymivna (RNOKPP: 3607610829; address: 49111, Dnipropetrovsk oblast, city of Dnipro, Zaporizke shose, building 28Ts, apartment 61, entry number in the Unified State Register 2002240000000150145 dated February 1, 2021), registered in accordance with the current legislation of Ukraine and/or persons authorized by her to manage the Website. Throughout the text of the Privacy Policy, references to the Website Administration mean simultaneous references to the authorized persons of the Website Administration as well.

1.1.4. User means an individual who has full civil capacity and legal capability and who uses the Website.

1.1.5. GDPR means Regulation (EU) 2016/679 of the European Parliament and of the Council of April 27, 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 (link: https://eur-lex.europa.eu/eli/reg/2016/679/oj).

1.1.6. Personal Data means any information relating to an identified or identifiable natural person (User); an identifiable natural person is one who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person (paragraph 1 of Article 4 of the GDPR).

1.2. Solely the Website Administration, apart from a court, has the right to interpret the Privacy Policy and the terms used therein.

II. GENERAL PROVISIONS

2.1. The administration of the darkbyrior.ua website and its authorized representatives respect the privacy of Website Users and undertake to protect it using privacy assurance methods as described in this Policy.

2.2. This Privacy Policy specifies what Personal Data is collected by the Website Administration and how it is processed. The legal force of this Privacy Policy applies to Personal Data collected by the Website Administration through the Website in offline and online modes.

2.3. The User is obliged to carefully read each clause of this Privacy Policy and, in case of disagreement with any clause, immediately cease using the Website.

III. COLLECTION OF PERSONAL DATA

3.1. By using the Website, the User may provide the Website Administration with the following scope of information:

3.1.1. Data provided by the User when filling out forms on the Website (in particular, but not exclusively, "Order Comment"). This includes Personal Data and contact information provided during registration, placing an order for goods/services, communicating with representatives of the Website Administration, or other information reported by the User to the Website Administration, specifically:

3.1.1.1. Last name, first name, and patronymic;

3.1.1.2. Location (country, city);

3.1.1.3. Address of residence/stay;

3.1.1.4. Phone number;

3.1.1.5. Email address;

3.1.1.6. IP address.

3.1.2. Information about orders, cart contents, purchases, and other User activities on the Website;

3.1.3. Search queries on the Website;

3.1.4. Other Personal Data provided by the User to the Website Administration;

3.2. If the User decides to provide information to the Website Administration outside the Website (for example, via Instagram, Telegram, Viber, WhatsApp pages, etc.), such information is transmitted by the User at their own risk and in accordance with the privacy policies of those platforms. The Website Administration is not authorized to establish rules regarding Personal Data on such platforms.

3.3. If the User has provided the Website Administration with Personal Data of third parties, it is presumed that the User has previously obtained consent from such third party for the processing of Personal Data. If it turns out that the User did not obtain consent for the processing of Personal Data of such a third party, the User bears full responsibility for such actions and must independently settle all potential disputes.

3.4. The User consents to the recording and storage of their conversation with the Website Administration in order to improve the quality of service, goods, and services.

3.5. The Website is not intended for persons under 18 years of age, and the Website Administration knowingly does not collect Personal Data of such persons. A User under 18 years of age undertakes not to use the Website and not to provide any information to the Website Administration, not to make any purchases, not to use any Website features, or to provide any Personal Data. If the Website Administration becomes aware that Personal Data has been collected or received from a child under 13 years of age without parental consent confirmation, the Website Administration will delete this information. If a User becomes aware that their child under 13 years of age has provided their Personal Data to the Website Administration, such User is obliged to immediately contact the Data Protection Officer (DPO) via email: sales@darkbyrior.ua and provide details by which the Website Administration can identify such child and delete information about them.

IV. PROCESSING OF PERSONAL DATA

4.1. The User grants the Website Administration consent to process their Personal Data; in turn, the Website Administration collects Users' Personal Data to the extent necessary to provide services/sell goods, improve service quality, for marketing and statistical purposes.

4.2. The Website Administration acts as the controller of Personal Data of Users and third parties whose data was communicated by Users.

4.3. Personal Data of Users/third parties and information collected using cookies or other similar technologies are processed by the Website Administration:

4.3.1. To provide services/sell goods (organize delivery thereof) – in accordance with point (b) of paragraph 1 of Article 6 of the GDPR for the purpose of obtaining the necessary data for the User Agreement posted on the Website, organizing product delivery, or executing another transaction to fulfill the User's order;

4.3.2. For analytical and statistical purposes – in accordance with point (f) of paragraph 1 of Article 6 of the GDPR for the purpose of analyzing User actions and their preferences to improve the functionality of the Website, services, or goods;

4.3.3. To handle claims and lawsuits or protect against claims – in accordance with point (f) of paragraph 1 of Article 6 of the GDPR for the purpose of protecting the rights of the Website Administration;

4.3.4. For marketing purposes – in accordance with point (f) of paragraph 1 of Article 6 of the GDPR for the purpose of creating, sending, and publishing marketing content.

4.4. The Website Administration processes Personal Data of Users who visit the Website Administration's profiles on social networks or messengers (TikTok, Instagram, WhatsApp, Telegram, Viber). These data are processed exclusively in connection with the maintenance of the profile, including for informing Users about the activities of the Website Administration and for promoting various events, services, and goods. The legal basis for processing personal data by the Website Administration for this purpose is its legitimate interest, which consists in promoting its own brand (in accordance with point (f) of paragraph 1 of Article 6 of the GDPR).

4.5. User activity on the Website and Personal Data are recorded in the internal databases of the Website Administration (a special computer program used to store a chronological record containing information about events and actions related to the IT system used to provide services/sell goods by the Website Administration). Information collected in such databases is processed primarily for purposes related to the provision of services/sale of goods. The Website Administration also processes them for technical and administrative purposes to ensure the security of the IT system and manage this system, as well as for analytical and statistical purposes – in this respect, the legal basis for processing is the legitimate interest of the Website Administration (in accordance with point (f) of paragraph 1 of Article 6 of the GDPR).

4.6. Personal Data is processed until the User revokes consent to processing or files an objection to the processing of such data. Within a reasonable period, but no later than 5 (five) working days from the moment the Website Administration receives a request from the User at the email address sales@darkbyrior.ua, Personal Data will be deleted or anonymized.

4.7. The period of Personal Data processing may be extended if processing is necessary to establish and examine potential claims or defend against them and to the extent provided by law. Upon expiration of the Personal Data processing period, they are irreversibly deleted or anonymized.

V. TRANSFER OF PERSONAL DATA

5.1. The User's Personal Data may be disclosed to third parties on a periodic and temporary basis, in particular to suppliers of IT services, analytical, advertising, and marketing tools, as well as organizations ensuring the sale of goods or provision of services by the Website Administration.

5.2. On a periodic basis in connection with an order for goods, the Website Administration transfers Personal Data to the following entities:

5.2.1. Nova Poshta company (carrier), represented by NOVA POSHTA Limited Liability Company (EDRPOU code: 31316718), namely: last name, first name, patronymic (if any); location (country, city); address of residence/stay (in case of courier delivery); Personal Data that may be contained in the User's comments to the order. Personal Data is transferred to this company for the purpose of organizing product delivery to the User.

5.2.2. Tranzzo (the acquirer), represented by the limited liability company ‘EUROPEAN PAYMENT SYSTEM’ (EDRPOU code 39269220), namely: surname, first name, patronymic (if applicable); telephone number; email address. Personal data is transferred to this company for the purpose of facilitating online payment for the order.

5.3. On a temporary basis, the Website Administration transfers Personal Data to persons temporarily engaged to provide certain services necessary for the economic activity of the Website Administration. The User has the right to obtain information about the persons to whom their Personal Data is transferred. If the User categorically disagrees with their Personal Data being transferred to third parties, the User is obliged to immediately notify the Website Administration by sending an email to sales@darkbyrior.ua. Otherwise, it is presumed that the User does not object to this.

5.4. The Website Administration reserves the right to disclose the User's Personal Data to competent authorities or third parties requesting such information on an appropriate legal basis and in accordance with the provisions of current legislation.

5.5. The User grants the Website Administration consent to transfer their Personal Data to the persons specified in this section. Such consent may be revoked by sending an email to sales@darkbyrior.ua.

VI. TRANSFER OF PERSONAL DATA OUTSIDE THE EEA

6.1. The level of protection of Personal Data outside the European Economic Area (EEA) differs from the level provided by European legislation. For this reason, the Website Administration transfers Personal Data outside the EEA only when necessary and ensuring an appropriate level of protection, primarily through:

6.1.1. Cooperation with processors of Personal Data in countries for which a relevant decision of the European Commission has been issued determining an adequate level of protection of Personal Data (current information on the list of countries is contained in the relevant decision of the European Commission);

6.1.2. Application of standard contractual clauses issued by the European Commission that grant Personal Data the same protection to which they are entitled in the European Union;

6.1.3. Application of binding corporate rules approved by the competent supervisory authority.

6.2. At the time of approval of this Privacy Policy, the Website Administration does not transfer Users' Personal Data outside the EEA.

VII. USER RIGHTS

7.1. The User has the right to: obtain access to data content and demand their rectification, erasure, restriction of processing, the right to data portability, and the right to object to data processing, as well as the right to lodge a complaint with the authority responsible for the protection of Personal Data.

7.2. If the User's data is processed on the basis of consent, it may be withdrawn at any time by contacting the Website Administration by sending a properly drawn up written request to the email address sales@darkbyrior.ua. The withdrawal of such consent does not affect the lawfulness of processing based on consent before its withdrawal.

7.3. No clause of this Privacy Policy may be interpreted as narrowing the scope of the User's rights.

VIII. SECURITY OF PERSONAL DATA

8.1. The Website Administration conducts risk analysis on an ongoing basis to ensure for itself that Personal Data is processed in a secure manner, guaranteeing first of all that only authorized persons have access to the data and only to the extent necessary in accordance with the tasks they perform. The Website Administration guarantees that all operations with Personal Data are handled exclusively by authorized persons.

8.2. The Website Administration takes all necessary measures to ensure that its counterparties guarantee the use of appropriate security measures whenever they process Personal Data on behalf of the Website Administration.

IX. FINAL PROVISIONS

9.1. You can contact the Website Administration at the email address: sales@darkbyrior.ua or the postal address: 49128, city of Dnipro, Korobova street, building 22, apartment 59.

9.2. The Website Administration has designated a Data Protection Officer (DPO), who can be contacted via email: sales@darkbyrior.ua on any matter regarding the processing of Personal Data.

9.3. The Privacy Policy is constantly reviewed and updated as necessary. In case of updating the Privacy Policy, the User will be notified by displaying clear information on the Website or by sending an email to the User. In certain cases, the User may be notified in advance about the update of the Privacy Policy. The new edition of the Privacy Policy enters into force from the moment of its publication on the Website.

9.4. A User who does not agree with the terms of the Privacy Policy is obliged not to use the Website and must necessarily send a notification to the email address sales@darkbyrior.ua about the termination of the processing of the User's Personal Data.

9.5. The current edition of the Privacy Policy was adopted and is effective from July 18, 2024. The fact of using the Website signifies full and unconditional agreement with the current version of the Privacy Policy.