Last Updated: 23rd March 2022
The Website shall mean the website maintained at digital.staff-capital.com and/or all the subdomains of the website «digital.staff-capital.com». The Website gives Users an opportunity to use its functions and to order some of our services, in particular to review news and information on automotive engineering and mechanics, to participate in online courses and tests to determine the level of knowledge in various fields.
The Information system – is a complex information system with relevant functional assignment, which gives Users an opportunity to order our services (interactive online training courses, software for improving the efficiency of automotive services, electronic documents), to review news and information on automotive engineering and mechanics, to participate in online courses and tests to determine the level of knowledge in various fields, to post comments and reviews.
The information system can be supplemented with new features and functions. In this case, the relevant functionality of the Information system together with the terms of use of such functionality will be described in the annexes to this Agreement.
The Administration – the person (persons) authorised by the Owner of the Website to implement management of the Information system and other actions related to its usage.
The Moderator – the person (persons) authorised by the Administration to edit the information in the Information system in order to control Users compliance with our rules and policies.
The Website visitor (The Visitor) – any person, who visited, took a look at least at one page of the Website. The Visitor can browse information on the Website which is intended for acquaintance with the Information system and our services in order to preview.
The User means a person who uses the Website and/or otherwise has an access to the functionality of the Website and/or the Information system.
Account – record which contains data that User reports about himself when registering via the Website. It contains data needed for the User authorisation when using the Information system.
Registration – the procedure of creating an account.
2.1. This Agreement (hereinafter the Agreement or the Terms of Service) is concluded between a sole entrepreneur Artemenko Olga (the Owner of the Website), registered under the legislation of Ukraine (address: 04655, Ukraine, Kyiv, Vikentia Hvoykу Street 18/14, office 703, TIN 3094915680) – a person, who provides access to the Information system, and a person who properly registered via the Website.
2.2. According to this Agreement the Administration provides Users with the right to use the Information system and its functions according to assignment of the Information system, specified in Section 1 of this Agreement.
3.1. For using the resources, the services and the functions of the Information system the User needs to express his agreement with this Terms of Service. THE USER HAS NO RIGHT TO USE THE INFORMATION SYSTEM IF HE (SHE) DOESN’T ACCEPT THE TERMS OF THIS AGREEMENT.
3.2. The Visitor has no right to use the Information system and can not accept the terms of the Agreement if he (she) is not under established legislation age for concluding such agreements; or did not comply with other conditions for concluding such agreements provided for by law.
3.3. According to the rules of Our PRIVACY POLICY (Annex №1) the Users are required to enter and confirm their personal data when registering via the Website.
3.4. The User has to fill all the data specified in Our PRIVACY POLICY (Annex №1).
3.5. The User is obliged to make changes at every amendment of registered data.
3.6. The lack of data as listed in paragraph 3.3 could lead to impossibility to access to the services of the Information system for Users which registered with incomplete or false personal data.
3.7. The User at the time of registration expresses his (her) consent:
3.7.1. To place information on his (her) personal data in the Information system in the amount provided for in this Agreement and/or in the PRIVACY POLICY.
3.7.2. To process user personal data according to the purposes specified in this Agreement and/or in the PRIVACY POLICY (Annex №1).
3.7.3. To use and distribute User personal data, in accordance with the terms of this Agreement and/or the PRIVACY POLICY. Also the User at the time of registration expresses the consent to access of the third parties to his personal data in the manner provided for in this Agreement and/or the PRIVACY POLICY.
3.8. The Administration has the right to suspend User’s access to account and services of the Information system in case of violation of this Agreement.
3.9. Removal of an account is conducted in the following order:
3.9.1. Users remove their accounts by themselves. Users’ accounts could be removed by the Administration based on a letter, sent to the e-mail of the Administration.
3.10. One User can own just one account. The User identification is carried out on registration data in the Information system.
3.11. The User can send a request to remove his personal data from the data base of Users of the Information system. Removal of the personal data from the data base is based on a letter sent to the e-mail of the Administration. The Administration can reject to remove the personal data according to this Agreement and/or the PRIVACY POLICY.
4.1. Only registered Users of the Website could use interactive resources and/or functions of the Information system.
4.2. The User has the right to use resources and/or functions of the Information system in such ways which are not contradicting these Terms of Service.
4.3. Copyrights for materials of the Information system, resources, services, unless otherwise specified, are belonged to the Administration.
4.4. Copying of materials of the Information system without written consent of the Administration is forbidden.
4.5. Partly quoting of materials of the Website is permitted on an irregular basis with obligatory reference to the source of quotation (no more than 10% from the overall amount of materials).
4.6. All the names, titles, trademarks, symbols and slogans registered in accordance with established procedure are the property of their legitimate owners. In materials of the Information system are not used symbols ® and\or ™ to designate it.
5.1. The Users could have an option to comment and/or writing reviews in section “Forums” of the Website. Due to this option the User has an opportunity to express his (her) own opinion on the different topics related to our Website and/or our services. The User should adhere to the established rules and restrictions when writing reviews and/or comments.
5.2. Ignorance of the rules, including restrictions on publication of information and usage of resources of the Information system, does not exempt from the observance, and in case of its violation, liability arises in accordance with this Agreement and/or the legislation applicable under this Agreement.
5.3. Users are prohibited from:
5.3.1. Abusive behaviour in relation to other Users and/or representatives of the Administration.
5.3.2. Usage of the review (comment) form not for the intended purpose (for example – posting personal data of other Users and/or third parties).
5.3.3. Publication of obscene utterance.
5.3.4. Publication of messages in order to provoke a sharp reaction of other Users.
5.3.5. Publication of unauthorised advertising, commercial messages or announcements.
5.3.6. Publication of materials which contain grounds of discrimination the national, ethnic, racial or religious affiliation, and also the text which is vulgar, obscene, pornographic or inciting to racism, xenophobia and also inciting to conflicts between peoples.
5.3.7. Unauthorised publication of materials which copyrights are owned by third parties.
5.3.8. Promotion of computer and audio-video piracy in any ways, publication of links to files and or the websites directly violating or facilitating the copyright violation of the third parties (torrent-trackers, file-sharing services, websites with unauthorised files).
5.3.9. Creating accounts, which usernames imitate duty names (the Administrator, the Moderator, etc.), or any similar name of already registered User.
5.3.10. Usage of a capital letter in text messages, punctuation marks and special symbols, except in cases regulated by the rules of the language usage.
5.3.11. Publication of calls for forcible change or overthrow of the constitutional order, for seizure of State power; for shifting State borders of Ukraine and/or other countries; for destruction of property, seizure buildings and constructions; for aggression or unleashing a military conflict; other actions and publications of any messages forbidden by legislation of Ukraine.
5.4. It is discouraged to publish messages (reviews), which have no informational assignment and not relevant to resource subject.
5.5. The Administration has the right to remove and/or modify the review (comment) of any User.
6.1. The Administration is not responsible for any actions of the Users.
6.2. The Administration can block accounts of Users in the following cases:
6.2.1. Systematic violation of the rules of this Agreement.
6.2.2. Actions considered by the Administration as a deception, fraud and misrepresentation of Users and/or the Administration.
6.2.3. Using the functions of the Information System not for their intended purpose. For example, publishing comments and content via the Website, which are not related to the Website purpose and/or contain elements of an illegal nature.
6.3. Account restoration only possible in case of notification the Administration and acception appropriate decision by the Administration.
6.4. The Administration reserve the right to block account of the User which actions insult the members of the Administration and/or can harm or tarnished the good name of the Administration.
7. PAYMENT
7.1. Users pay for the right to use the Information system and/or separate functions of the Information system and/or related services in accordance with the explanations of the Administration, which are posted through the interface of the Website. Users can make appropriate payments using payment systems designated by the Administration.
7.2. Refunds paid for ordered services are possible in the manner prescribed by the current legislation at the place of registration of the Website owner and only before the User received the relevant services. Providing the User with relevant services is a confirmation of the proper fulfilment of the obligations of the Administration.
7.3. Security policy for transferring payment card details. When you paying for any of our services with a bank card, payment processing (including entering the card number) occurs on a secure page of the processing system. This means that your confidential data (card details, registration data, etc.) is not transferred to us. Such data processing is completely protected and no one can receive specified cardholder data. When working with payment card data, the information security standard (Payment Card Industry Data Security Standard (PCI DSS) developed by the international payment systems Visa and Master Card is applied. PCI DSS ensures secure processing of payment card details and cardholder data. PCI DSS includes implementation of Secure Sockets Layer (SSL) protocols and other security methods.
8.1. Our PRIVACY POLICY is described in Annex №1 of this Agreement and is an integral part of it. The User gives his consent to accept this Agreement and its Annex and agree how the Administration deals with the order of collecting, storage and processing the personal data.
9.1. For violation or improper performance of their obligations under this Agreement the Parties are held liable in accordance with the legislation of Ukraine.
9.2. The Administration is not liable for consumer properties and/or quality of the content provided via the Website. The Administration is not liable for the possible inaccuracy and/or incompleteness regarding such a content.
9.3. The Administration is not liable for breaks in the provision of services, caused by technical disruptions in work of equipment and software. However, the Administration undertakes to take all reasonable measures to prevent such disruptions.
9.4. The Administration is not liable for any direct or indirect damages incurred by Users or by the third parties and also for loss of profit as a result of using the Website.
9.5. The User is solely responsible to third parties for the possible illegal nature of the content uploaded (by the User) through the Website, in particular for the comments and/or messages uploaded by the User.
9.6. The User agrees that he is solely responsible (and that the Administration is not held liable to the User or any third parties) for any violation of User’s obligations under this Agreement and for all the consequences of such violations including any loss or damage that the Administration may incur.
10. THE DATE OF ENTRY INTO FORCE AGREEMENT AND AMENDMENTS
10.1. The moment of entering into this Agreement is the moment when the User presses the Registration button («Sign up», «Create Account», «Enter» or another button with the appropriate assignment) located in the Website. Hereby, Users confirm their agreement with all the terms of this Agreement.
10.1.1. In any case, by filling out the registration form in the Website, the User accepts the terms of this Agreement.
10.2. The Administration has the right to unilaterally and at any time amend this Agreement by placing its new version on the Website.
10.3. The User in turn undertakes to read at least once a week the current version of this Agreement posted on the Website, including information on making changes to this Agreement. Unless otherwise explicitly stated by the Administration, the new version of the Agreement and its Annexes shall come into effect at the time of posting it on the Website.
10.4. In case of disagreement with the new version of the Agreement, the User must immediately stop using the Website and the Information system.
11.1. At any time the User can terminate the Agreement with the Administration using the appropriate data removal procedure and stop using the Website and the Information system.
11.2. The termination of the Agreement on the part of the Administration may occur in the following cases:
11.2.1. Harming the Administration and/or other Users.
11.2.2. Commission of acts that contradict this Agreement and/or violations of the provisions of this Agreement.
11.3. The resumption of relations may occur upon the decision of the Administration, provided that conditions described in paragraphs 3.3-3.5 of this Agreement are fulfilled after elimination of the causes for termination of the Agreement.
12.1. The activity of the Administration is conducted in accordance with the legislation of Ukraine. All of the disputes related to this Agreement are resolved through negotiations if the dispute can not be resolved in the specified way then it is the subject to further consideration in courts of Ukraine.
12.2. Judicially recognition of the invalidity of certain provisions of this Agreement does not entail invalidity of the Agreement as a whole.
13.1. This Agreement contains the following annexes which are its integral part (and also are an independent legal documents):
ANNEX №1 – PRIVACY POLICY. Using the Website, you are required to acquaint and accept all the terms of our PRIVACY POLICY. The last version of our PRIVACY POLICY is available on the Website.
ANNEX №2 – “GROUPS” AND “EVENTS” SECTIONS TERMS OF USE. Annex №2 describes terms of use of “Groups” and “Events” sections of the Website.
14. CONTACT US
14.1. If you have any questions regarding this Agreement, please contact us at the contact information indicated below:
04655, Ukraine, Kyiv, Vikentia Hvoyky Street 18/14, office 703
+38 (095)304-84-04
+38 (067)508-44-61
contact@staff-capital.com
ANNEX №2
“GROUPS” AND “EVENTS” SECTIONS TERMS OF USE
Annex №2 is an integral part of the DIGITAL STAFF CAPITAL TERMS OF SERVICE. This Annex described terms of use of “Groups” and “Events” sections of the Website.
1.1. The Website has two additional sections (the “GROUPS” section and the “EVENTS” section) with following functionality:
1.1.1. The “GROUPS” section provides the opportunity to create public and closed groups, which are available for other Users. This section of the Website also allow Users to share content, to message each other and to invite each other to join created groups. Each invited User can freely leave a group joined earlier.
1.1.2. The “EVENTS” section provides the opportunity to create events, to edit events, to invite other Users to participate in events and to join events. This section of the Website also allow Users to message each other, to edit lists of event participants, to see a list of events.
1.2. In addition to those specified in paragraphs 1.1.1 and 1.1.2. of this Annex, the “GROUPS” section and the “EVENTS” section of the Website may offer Users additional functionality that is related to the purpose of these sections. The description of such additional functionality could be specified by Administration directly through the interface of the Website.
2.1. Due to possibility to post text messages and other content, Users should conduct such activity in a strict accordance to the terms of section 5. of the Agreement, which apply to commenting and/or writing reviews via the Website.
2.2. The “GROUPS” section and the “EVENTS” section of the Website also provides Users with a theoretical possibility of sharing a Users personal data in a private messages and/or in a public posts. Doing so Users should respects rights of other Users, as a data subjects, and to comply with the terms of the General Data Protection Regulation (EU) 2016/679 and with the terms of our Privacy Policy.
3.1. By uploading a content via the Website and/or via the Information system, the User grants the Owner of the Website and the Administration a limited license to dispose and use such a content.
3.2. By uploading a content User guarantees that he (she) owns a necessary amount of intellectual property rights to upload and share such a content.
3.3. The User is solely responsible for any possible violation of intellectual property rights of third parties.
4.1. In addition to the terms of section 9. of the Agreement, You, as a User, agree to the following terms:
4.2. When uploading a content and/or using the Website the User is liable for compliance with existing legislation of Ukraine.
4.3. The Administration is not liable for the substance of the content uploaded by the Users.
4.4. The Administration is not liable for the validity of information published by Users via the Information system and/or for legality of Users publications.
4.5. The User is solely responsible for the context of User uploaded content and its compliance with the requirements of the applicable law.
5.1. Our digital service coverage, speeds, server locations, and quality may vary. We will attempt to provide the services at all times, except for limited periods for maintenance and repair. However, the services may be subject to unavailability for a variety of factors beyond our control including emergencies, third party service failures, transmission, equipment or network problems or limitations, interference, signal strength, and may be interrupted, limited or curtailed. Delays or omissions may occur. We are not responsible for data, messages or pages lost, not delivered, delayed or misdirected because of interruptions or performance issues with our services or communications services or networks. We may impose usage or services limits, suspend the services, or block certain kinds of usage in our sole discretion to protect Users or our services. The accuracy and timeliness of data received is not guaranteed; delays or omissions may occur.
5.2. WE WILL STRIVE TO PREVENT INTERRUPTIONS TO THE WEBSITE AND RELATED SERVICES. HOWEVER, THESE ARE PROVIDED ON AN “AS-IS” AND “AS-AVAILABLE” BASIS, AND WE DO NOT WARRANT, EITHER EXPRESSLY OR BY IMPLICATION, THE ACCURACY OF ANY MATERIALS OR INFORMATION PROVIDED THROUGH THE WEBSITE AND/OR THE INFORMATION SYSTEM, OR THEIR SUITABILITY FOR ANY PARTICULAR PURPOSE. WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. WE DO NOT MAKE ANY WARRANTY THAT THE SERVICES WILL MEET YOUR REQUIREMENTS, OR THAT IT WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, OR THAT DEFECTS, IF ANY, WILL BE CORRECTED. YOU ACKNOWLEDGE THAT YOU ACCESS THE WEBSITE AND/OR THE INFORMATION SYSTEM AT YOUR SOLE RISK AND DISCRETION.
5.3. SOME JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OR LIMITATION OF IMPLIED WARRANTIES OR CONDITIONS, OR ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. IN SUCH EVENT, OUR WARRANTIES AND CONDITIONS WITH RESPECT TO THE WEBSITE AND/OR THE INFORMATION SYSTEM WILL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY APPLICABLE LAW IN SUCH JURISDICTION.
Privacy Policy and Personal Data Protection of the Website
Last Updated: 23rd March 2022
Section 1. Introduction
Section 2. General provisions
Section 3. Access to personal data
Section 4. Types of personal data collected and processed
Section 5. Term and place of storage of Personal Data
Section 6. Using Personal Information
Personal information submitted to us through our website will be used for the purposes specified in this policy or on the relevant pages of the website.
We may use your personal information for the following:
To the visitor’s privacy settings can be used to limit the publication of your information on the website and can be adjusted using privacy controls on the website.
We will not, without your expressed consent, supply your personal information to any third party for their or any other third party’s direct marketing.
Section 7. Disclosing personal information
The company has the right to distribute any personal data of the consumer only with the appropriate permission of the consumer.
We may disclose your personal information without additional agreement of the visitor to any of our employees, officers, insurers, professional advisers, agents, suppliers, or subcontractors as reasonably necessary for the purposes set out in this policy.
We may disclose your personal information to any member of our group of companies (this means our subsidiaries, our ultimate holding company and all its subsidiaries) as reasonably necessary for the purposes set out in this policy.
We may disclose your personal information to other Users of our Website in order to implement the possibility of “User to User” communication via the Website and in order to implement the functionality of the “Groups” and “Events” sections of the Website. The terms of such disclosure are specified in section 8. of this Policy.
We also may disclose your personal information:
Except as provided in this policy, we will not provide your personal information to third parties.
Section 8. Data processing and data sharing when using the “Groups” and “Events” sections of the Website
Section 9. Exemption from the obligation to observe the Privacy Policy
The Company is released from the obligation to comply with the Privacy Policy for Consumer Personal Data if the consumer independently discloses personal data.
Section 10. International data transfers
Section 11. Security of your personal information
Section 12. Rights of the visitor (consumer) as a personal data subject
1. The User, in respect of his own personal data provided for the collection, accumulation, processing, storage and use of the Company, has all the rights in accordance with the provisions of the General Data Protection Regulation (EU) 2016/679. The User, as a data subject, in particular, has the right to:
Section 13. Destruction and deletion of personal data
Section 14. Using External Links
The company’s website may contain links to external websites operated by representatives not affiliated with the company. Once a link is clicked, we no longer have any influence on the collection, storage or processing of personal information that is transmitted when the link is clicked (for example, the IP address or the address of the page on which the link is located).
The behavior of third parties is also beyond our control, meaning our company is not responsible for the processing of personal data by a third party.
Section 15. Using of cookies
We use cookies and active components (e.g., Java Script) to track the wishes of visitors and optimize the design of the website.
Cookies are small text files that are stored on your computer when you visit a website. You can delete cookies if you wish. However, in this case, some functions of the web pages will not be available. For information about deleting cookies, see your browser manual.
Our company allows you to control the use of cookies. To do this, click on the “Setting cookies” link in the footer. This link will provide you with additional information on the use of cookies. In addition, you can set the cookies you wish to use.
Already at the first (mandatory) and second (admissible) stages, anonymous determination of access parameters is carried out using the so-called session cookies. At stage 3 (static), cookies are stored on your computer for 12 months.
The website may include content and services from other sources (e.g., YouTube, Facebook, Google, Twitter), which in turn may use cookies and active components. The Company is not responsible for the processing of personal data by these sources.
Please note that the cookie settings configuration used by our Company does not affect cookies and active components of other sources (for example, YouTube, Facebook, Google, Twitter).
Please refer to the websites of the respective sources for information on data processing.
Section 16. Use of social plugins as part of social media
1. Facebook
The company’s website uses social plugins from the social network Facebook Inc., Palo Alto, California, USA (“Facebook”). Plugins are identified with the Facebook logo and the prefix “Facebook”, “like” or “share”.
When visiting the pages of our website, such plug-ins are initially disabled. Plugins are disabled until you click the corresponding button. By enabling these plug-ins, you establish a connection with Facebook and consent to the transfer of data to Facebook. If you are registered with Facebook, Facebook may link your visit to your Facebook profile. When you click on such a button, the relevant information is transmitted by your browser to Facebook and stored there.
For information about the purpose and scope of the information collected, further processing and use of data by Facebook, your rights and the settings you can use to protect your privacy, please see Facebook’s data protection notice. If you opt out of having Facebook collect your data while you are on our site, you must log out of Facebook before visiting our site.
2. YouTube
The company’s website uses the YouTube video platform, which is operated by YouTube LLC, 901 Chery Avenue, CA 94066, USA. YouTube is a service that allows you to play video and audio files.
When you load a page on our site, the integrated YouTube player allows you to establish a connection with YouTube to enable the technical transfer of audio and video files. When a connection to YouTube is established, the data is transferred to YouTube.
For information about the purpose and extent of the information collected, the further processing and use of data by YouTube, your rights and the settings you can use to protect your privacy, please see YouTube’s data protection notice.
3. Twitter
The company’s website uses plug-ins from the social network Twitter, which is operated by Twitter inc., 795 st. Folsom 600, San Francisco, CA 94107, USA (“Twitter”). Plugins are identified with a Twitter username or “tweet” prefix.
When visiting the pages of our website, such plug-ins are initially disabled. Plugins are disabled until you click the corresponding button. By enabling such plug-ins, you establish a connection with Twitter and consent to the transmission of data to Twitter. If you are a member of the Twitter network, Twitter may link your visit to your Twitter profile. When you click on this button, the relevant information is transmitted by your browser to Twitter and stored there.
For information about the purpose and extent of the information collected, further processing and use of data by Twitter, your rights and the settings you can use to protect your privacy, please see Twitter’s data protection notice.
Section 17. Amendments of this policy
We may update this policy from time to time by publishing a new version on our website. You should check this page occasionally to ensure you understand any changes to this policy. We may notify you of changes to this policy by email or through the private messaging system on our website.
Section 18. Withdrawal of Consent
You can withdraw your consent to the collection, processing, and use of your personal data at any time by sending a corresponding message to cancellation@staff-capital.com
In this case, your personal data will be deleted. This does not apply to information for settlement purposes or that is subject to retention under legal circumstances.
Section 19. Contacts
For more information or to make suggestions and comments regarding the processing of your personal data, you can contact our data protection officer by sending an appropriate message to contact@staff-capital.com
04655, Ukraine, Kyiv, street Vikentia Hvoyka 18/14, office 703
+38 (095)304-84-04
+38 (067)508-44-61
If you have questions, requests, or concerns regarding your privacy and rights, please let us know how we can help.