Please carefully read this
Privacy Policy ("Policy"), which governs how ART. Research&Development Ltd.,
a company incorporated in accordance with legislation of Seychelles Islands with
company number 227778 at Suite 1, Second Floor, Sound&Vision House, Francis
Rachel Str., Victoria, Mahe, Seychelles ("Company", "we"), collects, uses and
discloses information, when you access or use Company`s website
https://surgegains.com (the "Website"),order Services, or when you otherwise
interact with us.
1. Applicability and Acceptance of Policy
1.1.
This Policy defines the Personal Data, explains how Personal Data is collected,
used, processed, and disclosed.
1.2. This Policy shall come into effect at
the moment you first access to the Website. By accessing, browsing or using the
Website you irrevocably and unconditionally accept and adhere to provisions of
this Policy without any exemptions, limitations and/or exclusions.
1.3. In
the event you disagree with any provision of this Policy or would not like to
provide your consent for processing of your Personal Data, you shall cease using
the Website.
2. Information about the Data Controller
2.1. The
data controller of this Website isART. Research&Development Ltd., a company
incorporated in accordance with Seychelles Islands with company number 227778 at
Suite 1, Second Floor, Sound&Vision House, Francis Rachel Str., Victoria,
Mahe, Seychelles. Contact details: hello@surgegains.com.
3. Legal
Grounds for Personal Data Processing
3.1. We process your Personal Data on
the basis that it is:
3.1.1. necessary for the performance of a contract,
therefore, where we have a contract with you, we will process your Personal Data
in order to fulfil that contract (in particular, to provide access to the
Website and render Services available through it);
3.1.2. authorized by
your Consent, which you give us as it is set out in section 4
hereof;
3.1.3. necessary for compliance with our legal obligation, in
particular, when we are obliged to respond to a court order or a
regulator;
3.1.4. necessary for performance our legitimate
interests;
3.1.5. permitted by applicable legislation.
4.
Consent to Personal Data Processing
4.1. EU Persons Consent to Personal
Data processing
4.1.1. If you are an EU Person and to process your Personal
Data we need to receive your consent, as it is prescribed by GDPR, we will
process your Personal Data only in the case we have received from you a freely
given, specific, informed and unambiguous indication of your wishes by which you
signify agreement to the processing of your Personal Data
("Consent").
4.1.2. You may give your Consent by ticking a box when
visiting the Website.In the case you tick the respective box, you irrevocably
and unconditionally consent and agree that the Company shall be entitled to
process your Personal Data as it is indicated by your Consent.
4.1.3. Your
Consent covers all processing activities with your Personal Data carried out for
the same purpose or purposes. When the Processing has multiple purposes, your
Consent should be deemed given for all of them.
4.1.4. You have the right
to withdraw your Consent at any time. You can submit such request by sending us
an email to hello@surgegains.com .Your withdrawal of Consent shall not affect the
lawfulness of your Personal Data processing based on Consent before its
withdrawal.
4.1.5. Except as required or enabled by law we will not use or
disclose your Personal Data for any purpose for which you refuse Consent or
later withdraw your Consent. If you withdraw Consent, you agree that in spite of
this withdrawal, we may continue to use those Personal Data previously provided
to us to the extent that we are contractually or otherwise legally obliged to do
so and to the extent necessary to enforce any contractual obligation you may
have towards the Company or in any other way permitted by law.
4.2. Non-EU
Persons Consent to Personal Data processing
4.2.1. If you are not an EU
Person, by transferring to us your Personal Data via the Website or otherwise,
you irrevocably and unconditionally consent and agree that the Company shall be
entitled, in accordance with this Policy:
· To Process in any manner,
including to collect, store, use, disclose, share and transfer (including
cross-border), your Personal Data so provided to us, as well as your Personal
Data collected from your use of the Website (i.e. your Personal Data which we
collect automatically and/or from other sources); and
· to use cookies and
web beacons (pixel tags) to collect your Personal Data and associate the
Personal Data with your computer and web browser.
5. Collection of
Personal Data
5.1. General Provisions
5.1.1. The type of Personal Data
we collect depends on how you are interacting with us. In many cases, you can
choose whether or not to provide us with Personal Data, but if you choose not
to, you may not get full functionality of the Website.When you visit Website,
you may provide us with the following types of Personal Data: (i) Personal Data
that you voluntarily disclose that is collected on an individual basis; (ii)
Personal Data collected automatically when you use the Website; and (iii)
Personal Data which we collect from sources other than the Website.
5.1.2.
The Website contains links to other third-party websites that may collect
Personal Data about you, including through cookies or other technologies. If you
use our links to visit another websites, services this Policy will not apply to
your use of, and activity on those other websites. You should consult these
other websites' privacy policies as we have no control over them and are not
responsible for any information that is submitted to or collected by these third
parties.
5.2. Personal Data You provide to Us
5.2.1. In order to
fulfill our obligations on provision an access to Website and/or provision of
Services for you and applicable terms of use, We are entitled to ask you to
provide us with your Personal Data, including (but not limited):
· Full
name;
· e-mail;
· phone number;
· Country and city of
residence.
Personal Data hereof is collected only when voluntarily offered,
and solely for purposes that are clearly identified on the Website or in this
Policy.
5.2.2. The Company may collect the Personal Data from you in a
variety of ways and circumstances, including, but not limited to, registration
at the Website, subscription to a newsletter, filling out a form, providing us
with feedback. The Company shall be entitled to combine Personal Data collected
in the course of your interaction with different sections of the Website with
any other relevant available information.
5.3. Personal Data We Collect
Automatically
5.3.1. Personal Data collected by or transmitted to the
Company in the course of accessing, interacting and operating of the Website may
include, without limitation, the following Personal Data:
· device
information, which may include (but is not limited to) information about the
computer or mobile device you use to access the Website, including the hardware
model, operating system and version, the web browser you use, and other device
identifiers;
· server log information, which may include (but is not
limited to) your login details, the date and time of visits, the pages viewed,
your IP address, time spent at the Website and the websites you visit just
before and just after the Website;
· information collected by cookies and
other tracking technologies. We and our service providers use various
technologies to collect information when you interact with the Website,
including cookies and web beacons. ‘Cookies’ are small data files that are
stored on your device when you visit a Website which enable us to collect
information about your device identifiers, IP address, web browsers used to
access the Website, pages or features viewed, time spent on pages, mobile app
performance and links clicked. Web beacons are graphic images that are placed on
a website or in an email that is used to monitor the behavior of the user
visiting the website or sending the email. They are often used in combination
with cookies.The Company`s policy regarding the cookies is specified in Cookies
Notice.
5.4. Data We Collect from Other Sources. We may also receive
information about you from other sources, such as when you log in to Website by
using your account credentials for a separate third-party service. We will
receive information from that service as indicated in the relevant third party's
authorization screen.
6. Use of Personal Data
6.1. We use
Personal Data for the following purposes.
6.1.1. to provide access to the
Website;
6.1.2. to provide Services through the Website;
6.1.3. to
handle your orders and requests, including requests for technical support and
assistance;
6.1.4. to properly fulfil tax-related and accounting
obligations imposed by applicable laws;
6.1.5. to detect, investigate, and
prevent illegal activities or conduct that may violate the terms of use of the
Website and this Privacy Policy;
6.1.6. personalize your experience with
our Website;
6.1.7. contact you in relation to, and conduct, surveys or
polls you choose to take part in and to analyse the data collected for market
research purposes;
6.1.8. conduct internal research and development and to
improve, test and enhance the features and functions of our Website;
6.1.9.
provide you with marketing materials as permitted by law;
6.1.10. meet our
internal and external audit requirements, including our information security
obligations;
7. Disclosure of Personal Data
7.1. The Company treats
Personal Data as confidential and may not pass on or use any such data without
valid legal grounds.
7.2. We will only disclose your Personal Data in the
following circumstances:
7.2.1. with your Consent or at your
instruction;
7.2.2. with companies under common control or ownership with
us or our offices internationally;
7.2.3. for everyday business purposes,
such as to process transactions, maintain accounts, respond to court orders and
legal investigations;
7.2.4. in connection with a merger or sale of our
company assets, or if we do a financing or are involved in an acquisition, or
any other situation where Personal Data may be disclosed or transferred as one
of our business assets;
7.2.5. if we believe your actions are inconsistent
with our terms of use of the Website or applicable legislation, or to protect
the rights, property and safety of any assets of the Company or third
parties;
7.3. The Company may without limitations share aggregated or
de-identified information, which cannot reasonably be used to identify
you.
8. Transmission of Personal Data
8.1. The transmission of
Personal Data or any other information (including communications by e-mail) over
the Internet or other publicly accessible networks is not one hundred percent
secure. The Company is not liable for the security of any Personal Data or any
other information you are transmitting over the Internet, or third-party
content.
8.2. Information about you may be transferred to, and processed in
countries other than the country in which you are a resident. We have taken
appropriate safeguards to require that your information will remain protected in
accordance with this Privacy Policy.
8.3. Personal Data of EU Persons
transmitted to a recipient outside the European Economic Area may be processed
by a staff member operating outside the European Economic Area (EEA) who work
for us or for one of Digital Content developer or copyright owner. Such staff
may be engaged in amongst other things, the fulfilment of your order, the
processing of your payment details and the provision of support services. By
submitting your personal data, you agree to this transfer, storing or
processing. We will take all steps reasonably necessary to ensure that your data
is treated securely and in accordance with this privacy policy.
9.
Protection of Personal Data. Security Measures
9.1. We take appropriate
security, administrative and technical measures to protect any Personal Data you
provide regarding the collection, storage and processing of Personal Data, as
well as security measures to protect your Personal Data against unauthorized
access, modification, disclosure or destruction.
9.2. Personal Data is
safeguarded from unauthorised access and unlawful processing or disclosure, as
well as accidental loss, modification or destruction, through state-of-the-art
technical and organisational measures. These are adjusted and updated
continuously in tandem with technical developments and organizational changes.
Additionally, Personal Data protection audits and other controls are carried out
on a regular basis.However, no computer security system is entirely fool proof
and the Internet is not a secure method of transmitting information. As a
result, we do not assume any responsibility for the Personal Data you submit to
or receive from us through the Internet, or for any unauthorized access or use
of that information, and we cannot and do not guarantee that information
communicated by you to us or sent to you by us will be received, or that it will
not be altered before or after its transmission to us. You agree to not hold the
Company liable for any loss or damage of any sort incurred as a result of any
misappropriation, interception, modification, deletion, destruction or use of
information provided through the Website.
10. Retention of
Information
10.1. In accordance with applicable laws and as needed to
fulfill our obligations, we may hold your Personal Data. This requirement is
conditioned by a need to comply with legal obligations and resolve possible
disputes.
10.2. The Company may retain your Personal Data until your
Consent is not withdrawn or terms of use of the Website is terminated. Provided
however that we try not to store any your personal data, specified in section
5.2. of Privacy Policy longer that it is necessary to propose you personal
training plan or to respond to your inquiry.
11. Your Rights in
relation to Personal Data
11.1. The Company is committed to making sure you
can exercise your respective rights effectively and free of charge. The Company
will ensure each your request related to your Personal Data be reviewed in a
timely fashion.
11.2. You have the following rights relating to your
Personal Data in accordance with any applicable laws, including
GDPR:
11.2.1. right to access.
11.2.2. right to data
portability.
11.2.3. right to erasure ("Right to be forgotten") and right
to rectification.
11.2.4. right to object.
11.2.5. right to be
informed. the right to lodge a complaint with a supervisory
authority
12. Children`s Privacy
12.1. The minimum age to use
the Website is 18 years. The Company will not knowingly collect Personal Data
from children under this age. Insofar as certain countries apply a higher age of
consent for the collection of Personal Data, the Company requires parental
consent before Personal Data associated with such child is collected. The
Company encourages parents to instruct their children to never give out personal
information when online.
13. Alterations to Policy
13.1. We have
the right, at our discretion, to update this Policy at any time. We recommend
that you frequently check this Policy to find any changes and stay informed
about how we help protect the Personal Data.
13.2. By using the Website,
you will acknowledge and agree that it is your responsibility to periodically
review this Policy and be aware of the changes.
13.3. The subsequent use of
the Website after changes to this Policy will also be considered as your
acceptance of these changes.
13.4. This Policy may from time to time be
translated into other languages. To the extent that any discrepancy may exist
between the English version of this Policy and its version in another language,
the English version prevails.
14. Data Protection Officer
14.1.
The Company appoints an expert on data privacy who works independently to ensure
that the Company is adhering to the policies and procedures set forth in the
GDPR (data protection officer). Data protection officer assists the Company to
monitor internal compliance, inform and advise on data protection obligations,
provide advice regarding data protection impact assessments (DPIAs) and act as a
contact point for data subjects and the supervisory
authorities.
15. Feedback
15.1. We welcome your questions
and suggestions with respect to the implementation or amendment of this Policy.
Please use this feedback for communicating with us:
hello@surgegains.com.