Privacy policy

PRIVACY AND PERSONAL DATA PROCESSING POLICY

This privacy and personal data processing policy was developed in accordance with the provisions of the Civil Code of Ukraine, the Law “On Personal Data Protection”, Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 “On the protection of individuals with regard to the processing of personal data and on the free movement of such data and on the repeal of Directive 95/46/EC”, and implemented in “Zilver” LLC (hereinafter referred to as “Zilver”) for the purpose of protecting and preserving the confidentiality of relevant information, streamlining the process of collection and processing, protecting, countering unauthorised access and illegal use of personal data transferred, processed and/or stored by Zilver LLC.

DEFINITION OF TERMS USED IN THIS PRIVACY POLICY

Client – a natural or legal person who has expressed a desire to order Legal Services or has ordered Legal Services from Zilver and/or a Partner.
Confidential Information – information about a Person (including Personal Data), legal, financial and economic or other information which, because it is not known to third parties, has actual or potential commercial value, to which there is no free access on a legal basis.
Confidentiality – a special mode of access to and processing of Confidential Information, which provides for a limited circle of persons who have the right to access the information, as well as special rules for the processing, storage, transfer and destruction of Confidential Information, designed to protect Confidential Information being disclosed to third parties without the consent of individuals, unless such disclosure is required by law.
Contractor – a natural or legal person who carries out work and/or provides services on behalf of Zilver.
Cookies – a small piece of data sent by the web server and stored on the User’s computer, which the web client or web browser sends to the web server each time in an HTTP request when trying to open the page of the corresponding site.
Disclosing Party – a person who discloses to Zilver, in any form and by any means, the Confidential Information of the Person.
Email – Zilver’s email address, the address of which is given on the Website and in the “Contacts” section of the ToU.
Employee – a natural person who is in an employment relationship with Zilver.
IP Address – a unique address of a node in a computer network built according to the IP protocol.
Lawyer’s Secret – any information having the status of a lawyer’s secret in accordance with the Law of Ukraine “On Advocacy and Lawyer’s Activity”.
Legal Services – legal services ordered by the Client from Zilver and/or the Partner on a paid or free basis.
Messenger – any Zilver messenger listed on the Website.
Operator – a natural or legal person who, on the basis of Zilver’s instructions (instructions, orders), processes Personal Data or has access to Confidential Information.
Partner – Attormeys’ association “Modus Zilver”, Registration number
Person – any natural or legal person, in particular, but not exclusively, Users and/or Clients, Employees and Contractors, employees of the Contractor or Partner, whose Confidential Information is provided to Zilver.
Personal Data – information or a set of information about a natural person, data allowing to identify a person’s personality, in particular, but not exclusively: first name, surname, patronymic, date of birth, passport data, identification number, qualification information, communication of vehicle number, electronic identification data (IP address, telephone, e-mail), data on place of residence, etc.
Policy – current privacy and personal data processing policy approved by Zilver.
Processing of Personal Data – any action or set of actions, such as collection, registration, accumulation, storage, adaptation, modification, updating, use and distribution (dissemination, realization, transmission), depersonalization, destruction of Personal Data, including the use of (automated) information systems.
Public Offer Agreement – public an agreement on the provision of legal services, published on the Website and/or in Social networks, according to which Zilver provides legal services under the conditions specified in the relevant agreement.
Social Networks – Zilver accounts, pages, channels on any social networks, platforms, communication services, including but not limited to LinkedIn, Facebook, Instagram.
Sensitive Information – personal data relating to age, marital status, health, race, nationality, political preferences, sexual orientation, religious beliefs, opinions, criminal record and some other specific data about the individual.
User – a natural person who uses the Website, including, but not limited to, sending messages to Email, Messengers or leaving comments on the Website.
Website Administration – authorized Employees, Contractors who administer the Website and who have access to emails and comments left by users on the Website, to messengers, phones and other means of communication indicated on the Website for communication with Zilver.
Website – https://zilver .com.ua/.
You/Your – an address to the User, which is more appropriate for conveying the content of the relevant provision of the Policy.
Zilver – “Zilver” Limited Liability Company, a legal entity registered under the legislation of Ukraine, Registration number 38532153.
Terms not defined in the Policy are interpreted in accordance with the Law of Ukraine “On Protection of Personal Data”, the Law of Ukraine “On Advocacy and Advocacy” , other regulatory and legal acts and linguistic rules, as well as in accordance with the Terms of Use.
To avoid misunderstandings, all terms that: 1) are used in the Policy in the singular, also apply to the plural, and vice versa; 2) used in the Policy in a particular gender refer to any other gender.

GENERAL PROVISIONS

Zilver is the data controller. Operators are appointed by Zilver.
Disclosing party:
- Agrees to the Policy and consents to Zilver’s use and processing of the Disclosing Party’s and/or Individual’s Personal Data by taking the following actions:
  - Visiting, using the Website.
  - Concluding any agreement with Zilver, incl. accepting the Public Offer Agreement.
  - Making payment.
  - Ordering and/or receiving legal services.
  - Posting comments on the Website and/or in Social Networks.
  - Sending messages to Email, Messengers, and Social Networks.
  - Making a call or any other form of communication with Zilver.
- Agreeing to the Policy guarantees that:
  - The Disclosing Party has all the necessary rights and powers to disclose Confidential Information both in relation to itself and in relation to the Person.
  - The Disclosing Party has confirmation that the Person is familiar with the Policy and has given consent to its use, in case the Disclosing Party discloses the relevant Person’s information.
- Zilver shall have the right to require the Disclosing Party to certify that it has the authority and necessary consents from the Person to whom the information is disclosed and, in the absence of such certification, to refuse to process the request and take appropriate action.
- In case of disagreement with the terms of the Policy, the Disclosing Party must:
  - Leave and do not use the Website.
  - Not to conclude agreements with Zilver (including not to accept the Public Offer Agreement).
  - Do not communicate with Zilver.
  - Do not send messages to Zilver, leave comments on the Website or on Social Networks, make phone calls or engage in any other form of communication with Zilver.
- If the Disclosing Party does not agree with the Policy, but at the same time has not taken the measures referred to in clause 2.4 of the Policy within a reasonable period of time, the Disclosing Party shall be deemed to have agreed with the Policy, has complied with the provisions of clause 2.2 of the Policy and may not invoke its disagreement with the Policy.
- The Website Administration does not verify the authenticity of the provided Personal Data.
- In the event that the User has sent any information to Zilver that relates to the provision of lawyer services to the User or another Person, the User consents for the transfer of the relevant information to the Partner and further processing of such information under the conditions of Lawyer’s secret.
- In the event that the Disclosing Party sends information to Zilver that is not related to the provision of Legal Services and that has not been requested by Zilver in writing, such information shall not be recognised as having the status of confidential information and Zilver shall not be obliged to process such information under the conditions of personal data processing. By submitting such information to Zilver, the Disclosing Party agrees to this provision and releases Zilver from the obligation to process such information under the terms of personal data confidentiality, while the Disclosing Party shall bear all responsibility for the disclosure of information not requested by Zilver.

SUBJECT OF POLICY

This policy sets out Zilver’s obligations to maintain confidentiality and ensure the protection of Confidential Information.
Zilver ensures compliance with the rules of non-disclosure of Confidential Information by its Employees Contractors, and Partners.
Zilver processes Confidential Information in accordance with this Policy and legislation on personal data protection.
By accepting this Policy, Persons agree not to disclose any Confidential Information received from Zilver and to take the necessary measures to ensure the protection of the Confidential Information received.
Any information received by Zilver which, by its nature, requires the services of a lawyer, shall be communicated to the Partner (its employees) and shall be further protected by the rules of Lawyer’s Secret.
If the relevant data falls within the definition of Confidential Information and is not designated by the Disclosing Party or Person as being protected by the Privacy rules, then such data is not considered Confidential Information.
The following information is not considered to be Confidential Information:
- It was in the public domain prior to its disclosure.
- It was known to Zilver prior to its disclosure.
- It was received by Zilver outside of privacy mode.
- It was disclosed with the individual’s consent.
By transferring Personal Data to Zilver:
- The Disclosing Party agrees that such Personal Data may be transferred to Employees, Contractors.
- Employees, Contractors agree that such Personal Data may be transferred to the Client and/or User.
By leaving a comment on the Website, the User agrees and gives consent to Zilver (Website Administration) to publish the corresponding comment and the User’s name on the Website.
The Disclosing party and the Person are aware of and agree to the Policy, they consent to Zilver’s forced disclosure of their Personal Data in order to fulfill the requirements of financial monitoring, the requirements of the Ukrainian legislation on advocacy and advocacy.
When transmitting information through the Website, Messengers, Social Networks or otherwise using the Internet, the Disclosing Party should be aware that nothing can be considered absolutely secure when transmitted over the Internet. Taking into account the above, the Disclosing Party warrants that it shall have no claims or demands against Zilver in connection with the unauthorized disclosure or loss of relevant information due to the properties of the Internet.

COOKIES

Zilver (Website Administration) may collect and process information about visits to the Website, such as certain pages visited and searches performed, in order to improve the functionality of the Website and the activities of Zilver in general. This happens through the use of cookies.
The User can set the browser to receive notifications when cookies are received.
Disabling cookies may prevent access to parts of the Website that require authorization.
The Website collects statistics about Users’ IP addresses. This information is used for the purpose of identifying and solving technical problems, to control the legality of money transfers.

PURPOSES OF PROCESSING PERSONAL DATA (CONFIDENTIAL INFORMATION)

Personal data is processed by Zilver to ensure the proper provision of Legal Services (including administrative activities) by Zilver and/or the Partner, in particular, but not exclusively:
- Identification of the Person.
- Processing requests for the provision of Legal Services.
- Processing of Public Offer Agreement acceptances.
- Processing of comments on the Website.
- Conclusion of contracts.
- Accounting and reporting.
- Providing feedback, maintaining communication with Individuals.
- Improving Zilver’s activity.
- Processing of thanks, recommendations, complaints.
- Promoting Zilver’s activities.
Confidential information that is not Personal Data is collected and processed by Zilver in order to ensure the proper, stable activity of Zilver and the fulfillment of all assumed duties.
The collection of information is carried out automatically when using the Site by a Person, making payments, sending any messages, documents and texts to Zilver.

DATA PROCESSING

Processing of Confidential Information is carried out for an unlimited period of time in any legal way, including in information systems of personal data with the use of automated means or without the use of such means.
Confidential Information shall be used to the extent necessary to ensure Zilver’s activities.
Information received by Zilver which is not marked as confidential and which is not relevant to Zilver’s business may, in Zilver’s discretion, be stored or deleted without observing the confidentiality procedures.
Zilver will delete Confidential Information at its sole discretion.
Zilver (Website Administration) undertakes to use all necessary and permitted means to preserve the Confidentiality of the received Confidential Information, in particular, but not exclusively:
- Use appropriate and up-to-date methods to protect privacy.
- Not disclose or publish Confidential Information to third parties without the consent of the individual, except as set out in this Policy.
- Allow access to Confidential Information only to persons who have a contractual or legal obligation to maintain Confidentiality and who are aware of the confidential nature of the relevant information.
- Monitor compliance with Privacy by Operators and Partners.
- In the event of receiving requests from state authorities, law enforcement agencies or courts, which are required by law, to transfer Confidential Information to them, notify the Person to whom such Confidential Information relates within 48 hours.
- Communicate with the Disclosing Parties regarding the content of the information, the procedure for processing and storing Confidential Information, etc.
- Communicate with authorised governmental and intergovernmental bodies regarding the procedure for processing and storing Personal Data.
- Use the received information exclusively for the purposes specified in this Policy.
- Block the personal data of the interested person from the moment of the request or the request of such a person or his legal representative or the authorised body for the protection of the rights of the subjects of personal data for the period of verification, in case of detection of unreliable personal data or illegal actions.
- Delete Personal Data at the request of the Person to whom this data relates.
- Take other appropriate actions.
The Disclosing Party undertakes to submit only reliable information that will not cause harm to the Disclosing Party or Zilver.
At the request of Zilver or the Persons, the party that received the Confidential Information is obliged within 48 hours to notify the person to whom such information was transferred about the state of preservation of the Confidential Information, and if there is a corresponding request, to destroy (delete) such Confidential Information from all its media.
In case of loss of Confidential Information, Zilver informs the Person about the unauthorized disclosure of personal data.
The Parties undertake to jointly take all necessary measures to prevent losses or other negative consequences caused by the loss or unauthorized disclosure of Confidential Information.

PERSONAL DATA OF CHILDREN

Zilver processes Personal Data of persons under the age of 16 only with the consent of their parents or legal representatives and only for the purpose of providing Legal Services related to the protection of the interests of minors.
The Disclosing Party must notify Zilver that the information sent contains Personal Data of persons under the age of 16 and at the same time provide confirmation of the authority to disclose the relevant information and indicate the purpose of providing such information. In case of non-fulfillment of the relevant requirements, Zilver will delete all received data of persons under the age of 16.

SENSITIVE INFORMATION

Zilver will only store and process Sensitive Information about a Person to the extent necessary to provide Legal Services to the relevant Person.
Sensitive Information received by Zilver that is not related to the provision of Legal Services will not be stored by Zilver, but will be deleted.
By disclosing Sensitive Information, the Disclosing Party and/or Person acknowledges and agrees that:
- Such information is important for the provision of Legal Services by Zilver.
- Zilver may disclose Sensitive Information to Employees, Contractors, and Partners to the extent required by the provision of Legal Services.
- Zilver, Employees, Contractors, Partner have the right to process Sensitive Information at their own discretion.
- Neither the Disclosing Party nor the person to whom such information relates shall have any claim of any nature whatsoever to the use of Sensitive Information in the provision of Legal Services by Zilver, Employees, Contractors, Partner (his employees).
- Zilver does not intend to receive such information, and therefore maintaining its Confidentiality is not a priority for Zilver in its activities.
Zilver may store and use Sensitive Information for statutory purposes. Any relevant information sent to Zilver by post, e-mail or other means of communication shall be deemed to have been disclosed to Zilver with the consent of the relevant Person.
The Disclosing Party must ensure that the Sensitive Information provided to Zilver is accurate and does not cause harm to the Person.
Zilver declares, and the Disclosing Party and/or Person, accepting the Policy, agrees that Zilver does not verify accuracy of the Sensitive Information and relies on the accuracy of the information provided (disclosed).

PHOTOGRAH

By accepting the Policy, Individuals give Zilver consent to publish their photos (including group photos) on the Website or on Social Networks.
At the request of any Person, the photograph containing their image will be removed from the Website within 48 hours.

MAILING

By ticking the box on the relevant page of the Website to receive messages from Zilver, the User unconditionally consents to Zilver sending messages to the email address or messenger provided by the User, at its own discretion and with any frequency.
The User may refuse (unsubscribe) to receive the newsletter at any time.
By joining a group in the Zilver Messenger or the Zilver team, the person concerned agrees to be a member of the group and to receive relevant messages. You can leave the group at any time.

RESPONSIBILITIES OF THE PARTIES

Zilver, Disclosing Parties and Persons shall be liable for violations of the Policy in accordance with applicable law.
Zilver is not responsible if the Disclosing Party or Person provides inaccurate/incomplete/distorted Personal Data and for any consequences that may arise in this case.
In the case of providing unreliable/incomplete/distorted Personal Data, the Disclosing Person shall bear full responsibility for the consequences that may arise in this case.
In the event of a violation of Clause 2.2 of the Policy, the Disclosing Party undertakes to compensate Zilver for any damages caused by such a violation.
Zilver is not responsible if the disclosure of Personal Data occurred as a result of illegal actions of third parties (illegal actions of copying/stealing databases, hacker attacks on the database, etc.).
Zilver does not control and is not responsible for the websites of third parties to which the User may access through the links available on the Website.

SETTLEMENT OF DISPUTES

In the event of a dispute arising from the relationship between the User on the one hand and Zilver on the other hand, it is obligatory to submit a claim (a written proposal for a voluntary settlement of the dispute) before filing a lawsuit.
Within 30 calendar days from the date of receipt of the claim, the recipient of the claim shall inform the claimant in writing of the results of the examination of the claim.
If no agreement is reached, the dispute shall be submitted to a judicial authority in accordance with the legislation in force in Ukraine.
This Policy is governed by the legislation of Ukraine.
Any relationship not governed by the Policy shall be governed by the Website Terms of Use.

ADDITIONAL CONDITIONS

The Website Administration and/or Zilver have the right to make changes to the Policy without the consent of the other parties.
The new Policy enters into force from the moment it is posted on the Website, unless otherwise provided by the new version of the Policy and/or the current legislation of Ukraine. The current date of approval of the Policy will be indicated by the date ” Date of approval”.
This Policy is published on the Website.

COMPLAINTS

If a Person wishes to make a complaint regarding Zilver’s use Personal data, such notification may be sent by the means specified in the “Contacts” section of this Policy or through any of the contacts specified on the Website.
Zilver will review and respond to any complaints.

CONTACTS

With Website Administration and/or Zilver can be contacted using the following contact details:
Email: info@zilver.com.ua.
Phone/ Viber/WhatsApp/Telegram: +380501409560.
Other data specified on the Website.

Date of approval : “04” January 2024

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