1. GENERAL PROVISIONS

Revision as of 19.01.2024

Privacy Policy (hereinafter referred to as the Policy).

“ZAKAZ.UA”, Limited Liability Company, publishes this Privacy Policy (hereinafter referred to as the Policy), under the Law of Ukraine On Personal Data Protection (No. 2297-VI dated 10.06.2010), in order to determine the procedure for collection, use, and disclosure of information that you provide to ZAKAZ.UA, LLC, using the online platform located at https://metro.zakaz.ua, https://winetime.zakaz.ua, http://novus.zakaz.ua, https://auchan.zakaz.ua, https://megamarket.zakaz.ua, https://ultramarket.zakaz.ua, https://tavriav.zakaz.uahttps://cosmos.zakaz.ua and https://zaraz.zakaz.ua or using store windows of МЕTRO, WINETIME, NOVUS, Auchan, ULTRAMARKET, МегаМаркет, ТАВРІЯ В and КОСМОС and ЗА РАЗ stores in Zakaz mobile application (hereinafter referred to as the Online Platform).

Please read the Policy carefully, as it sets out the purpose and grounds for processing your personal data.

References in this Policy to ‘we’, ‘us’, ‘our’, or ‘us’ shall mean ZAKAZ.UA, LLC, which may be identified by the following information:

Name: “ZAKAZ.UA”, Limited Liability Company
Code: 43890867
Registered seat: 9/2 Klovskyi Uzviz Str., Apt. 70, Kyiv City, 01021
Contact email: [email protected]
Tel.: 0800 20 20 20

For a better understanding of the terms of this Policy, please read below the definitions of the terms (concepts) used therein:

Personal Data Owner shall mean a legal entity that determines the purpose of processing personal data, establishes the composition and the procedures for processing the data.

Personal Data Controller shall mean a legal entity to which the Personal Data Owner has granted the right to process the data on its behalf.

The Online Platform shall mean a websites located at https://metro.zakaz.ua, https://winetime.zakaz.ua, http://novus.zakaz.ua, https://auchan.zakaz.ua, https://megamarket.zakaz.ua, https://ultramarket.zakaz.ua, https://tavriav.zakaz.uahttps://cosmos.zakaz.ua and https://zaraz.zakaz.ua as well as store windows of МЕTRO, WINETIME, NOVUS, Auchan, ULTRAMARKET, МегаМаркет, ТАВРІЯ В and КОСМОС and ЗА РАЗ stores in Zakaz mobile application with which you order, and ZAKAZ.UA, LLC renders services, including with the involvement of contractors and partners. The Online Platform is part of the zakaz.ua website and the Zakaz mobile application (hereinafter referred to as the “General Online Platform”).

Processing shall mean any action or set of actions, such as collection, registration, accumulation, storage, adaptation, modification, renewal, use, and dissemination (distribution, implementation, transfer), depersonalization, destruction of personal data, in particular, using the Online Platform.

       1.1. Special Conditions for Personal Data Processing

The owner of your personal data is ZAKAZ.UA, LLC, except as provided in this clause.

The processing of your personal data within the framework of service provision agreement concluded by you (through the acceptance of the public offer of ZAKAZ.UA, LLC, posted on the website https://metro.zakaz.ua and on the store window of the METRO store) is carried out in accordance with this Policy. ZAKAZ.UA, LLC is the owner of such data.

The processing of your personal data within the framework of the purchase and sale agreement concluded by you (by accepting the public offer of METRO CASH & CARRY UKRAINE, LLC, posted on the website https://metro.zakaz.ua and on the store window of the METRO store) is carried out in accordance with Clause on the Collection, Processing, and Transfer of Personal Data of METRO CASH & CARRY UKRAINE, Limited Liability Company. The owner of such data is METRO CASH &  CARRY UKRAINE LLC.

       1.2. Consent to Personal Data Processing

By providing ZAKAZ.UA, LLC with your personal data using electronic forms posted on the Online Platform, or providing them the other way, you give your consent to processing of such data in accordance with the terms of this Policy and the purposes established therein.

By registering on the Online Platform, you confirm that you have read and agree to this Policy.

    2. PERSONAL DATA PROCESSED BY ZAKAZ.UA, LLC. GROUNDS FOR PROCESSING.

We begin to process your personal data only after you have read this Policy and have given your consent to the processing of your data. The beginning of personal data processing is clicking the ‘CONTINUE’ button when registering on the Online Platform.


2.1. Registration

PERSONAL DATA:
- Mobile phone number.
- Email.

GROUNDS FOR AND PURPOSE OF PROCESSING

Personal data are necessary to create your personal profile on the Online Platform, namely:

- SMS will be sent to the mobile phone number that you have specified to confirm registration on the Online Platform, and service notifications will be sent when we provide services.

- We also inform you that, depending on the version of the Online Platform, you will be required to indicate your email, as the email you have specified will be used to send a confirmation of registration with your password. As a rule, when you change the password for logging in to your account on the Online Platform, you do not have to enter any data, but taking into account the version of the Online Platform, you will be able to change the password by entering an email, since it is at the email address that you will receive an email confirming this change.

The legal basis for processing of the above personal data is the conclusion of a transaction regarding the services to be provided by ZAKAZ.UA, LLC.

2.2. Profile settings

  After you register on the Online Platform and create a personal profile, you can additionally specify the following data at your own wish:

- Additional phone number.
- Name.
- Email.

GROUNDS FOR AND PURPOSE OF PROCESSING
- The additional phone number may be useful in case We are unable to contact you using your main number.

- It will be more convenient for us to communicate with you if we know your name.

- Your email will be used to notify you about your order and its status.

At the same time, we insist that registration on the Online Platform is a confirmation that you have reached the age of 18 and have full legal status and capacity.
The legal basis for processing of the above personal data is the legitimate interest of ZAKAZ.UA, LLC.

2.3. ‘‘My Orders’ menu stores the history of your previous orders. You can use the features of this menu to assess the quality of goods, the quality of work of the order picker, delivery service, and support service, which in turn will allow us to improve the level of service provided to you in the future.

The most important advantage of ‘My Orders’ menu is the duplication of all the information from the previous order to the new one, which saves your time at checkout.
The legal basis for processing of personal data referred to in this clause is the legitimate interest of ZAKAZ.UA, LLC, as well as the obligation of ZAKAZ.UA, LLC to provide an electronic document to confirm the conclusion of an electronic transaction provided for by the current legislation of Ukraine.

 
2.4. Checkout and fulfilment of the order

PERSONAL DATA:
- Order delivery address.
- IP address.
- Mobile phone number.
- Email.
- First name.
- Last name.
- Proof of majority (18+).
- Date of birth.
- sound recordings/voice recordings (recordings of telephone conversations) and information that became known to ZAKAZ.UA, LLC as a result of the audio recording.

GROUNDS FOR AND PURPOSE OF PROCESSING:
- Delivery address. In order to deliver your order, we need information about the delivery address of such order. Please note that the order delivery address is not necessarily your registered residential address. Subject to your permission, ZAKAZ.UA, LLC may collect through Google real-time location data for your computer or mobile device. This data is necessary to automatically fill in the address of the place of delivery of your order.
- We need to know your mobile phone number, because a representative of our company will use this phone number to call you at the time of checkout in order to clarify the information about your order. You can also specify a backup mobile phone number which we can use to call you if your main mobile phone number is unavailable.
- We need your first name and last name, because we will use them, among other things, for your identification; we will also be able to address you by name, both verbally (in a telephone conversation) and in writing (in an email).
- Your email will be used to send notifications about the status of your order.
- In order to comply with the requirements of the legislation in the field of sale and circulation of alcoholic beverages and tobacco products, we need to receive from you confirmation of your age of majority, for the same purpose, ZAKAZ.UA, LLC may additionally process information on your date of birth.
The legal basis for processing of the above personal data is the execution of the transaction regarding the services provided by ZAKAZ.UA, LLC and compliance with the requirements of the law.

If you intend to pay for your order with a bank card, you have to enter your card number, expiration date, and CVV code in the payment service provider widget. PLEASE NOTE that ZAKAZ.UA, LLC does not store your bank card details, such details are collected and processed exclusively by a licensed payment service provider.
At the request of the payment service provider, you can give your consent and save your payment card details to facilitate payment. In any case, ZAKAZ.UA, LLC does not keep such details.

In order to ensure the quality of service, ZAKAZ.UA LLC makes audio recordings/records of phone conversations of our service specialists with you on an electronic medium and uses the results of the recordings as evidence in particular. Audio recording/recording of telephone conversations with representatives of our service can be used in each specific case, both by ZAKAZ.UA LLC itself, and by competent state authorities, including the court, advocates.

2.5. Commercial notifications (promotional notifications)

PERSONAL DATA:
- Mobile phone number.
- Email.

GROUNDS FOR AND PURPOSE OF PROCESSING
Personal data are necessary for sending commercial notifications, which is an integral part of the process of using the services of the Online Platform. At the same time, you will have the opportunity to refuse to receive commercial electronic notifications and unsubscribe from them at the time of receipt or in any other way available on the Online Platform. In turn, you can refuse to receive text messages (SMS) from ZAKAZ.UA, LLC by contacting the support service at: [email protected]. You acknowledge that your refusal to receive commercial notifications may affect your being informed of your use of the Online Platform.

2.5.1. Depending on your personal Google preferences, you may receive commercial push notifications.
The legal basis for processing of the personal data listed in this clause is your consent to the processing.

3. SPECIAL CATEGORIES OF PERSONAL DATA

3.1. ZAKAZ.UA, LLC does not process personal data relating to racial or ethnic affiliation, political beliefs, religious or philosophical beliefs, or membership in trade unions. Nor do we process genetic or biometric data for the purposes of your identification. ZAKAZ.UA, LLC does not in any way process data regarding your state of health.

4. TO WHOM MAY WE TRANSFER YOUR PERSONAL DATA?

4.1. In order to properly fulfil the obligations assumed for the provision of services, ZAKAZ.UA, LLC shall and may transfer your personal data to third parties, in particular:

4.1.1. To our subcontractors, partners, legal entities and/or individual entrepreneurs who pick, package, and deliver your order. Agreements have been concluded between ZAKAZ.UA, LLC and such persons, the purpose of which is to comply with confidentiality requirements regarding your personal data.
4.1.2. To our subcontractors, who provide technical, payment and other services. Such subcontractors do not have the authority to use personal data for purposes unrelated to our provision of services to you as end users. Agreements have been concluded between such subcontractors and us, the purpose of which is to comply with the confidentiality requirements of your personal data.
4.1.3. To retail chains from which you order the delivery of goods through the Online Platform.
4.1.4. We also work closely with third parties who may be recipients of your personal data, such as our social media partners, who may provide you with communication services, such as connecting information in your account from their social media to our Online Platform.
4.1.5. Personal data may be transferred to members and/or other affiliates of ZAKAZ.UA, LLC.
4.1.6. We may provide information about your personal data in the presence of a reasonable and legitimate request from regulatory authorities and courts (both domestic in Ukraine and foreign, international ones).
4.1.7. We may also transfer to the seller of goods depersonalized information (data that do not make it possible to identify the client separately) in the form of reports on purchases of goods that were purchased through the Online Platform, in order to improve the overall quality and efficiency of services.
4.2. In the event of your registration on the General Online Platform through the Online Platform, ZAKAZ.UA LLC also transfers your personal data to ZAKAZ UKRAINE LLC for the purpose of processing your personal data by ZAKAZ UKRAINE LLC under the terms of the ZAKAZ UKRAINE LLC Privacy Policy.

5. TECHNICAL AND ORGANIZATIONAL MEANS OF PERSONAL DATA PROTECTION

5.1. In order to avoid cases of unauthorized access to your personal data, as well as their unlawful destruction, modification, blocking, copying, dissemination, and other illegal actions of third parties, ZAKAZ.UA, LLC uses proven technical means of protection of the transfer and storage of such data.

5.2. We also take a number of organizational measures to protect your personal data. For example, we enter into agreements with all subcontractors and contractors involved in the provision of services to you, which oblige them to comply with confidentiality requirements.

5.3. ZAKAZ.UA, LLC adheres to the principle of personal data minimization. We process only the personal data that we need to provide the services and for which you give us your consent.

6. RIGHTS OF THE PERSONAL DATA SUBJECT

6.1. According to personal data legislation of Ukraine, you have the following rights:

6.1.1. To know about the sources of collection and the location of your personal data, the purpose of their processing, the location or place of residence (stay) of the owner or controller of personal data or to give a corresponding order to obtain this information by authorized persons (in the presence of a written document confirming the authority of such a person), except in cases established by law.
6.1.2. To obtain the information on the conditions of personal data access, specifically, the information about third parties to which your personal data are transferred.
6.1.3. To access your personal data.
6.1.4. To receive a response on whether your personal data are processed, as well as receive the content of such personal data, no later than 30 calendar days from the date of the request receipt, except as provided by law.
6.1.5. To file a grounded request to the personal data owner with an objection to your personal data processing.
6.1.6. To file a grounded request that your personal data be changed or destroyed by the owner and controller of the personal data if such data are processed unlawfully or are not true.
6.1.7. To the protection of your personal data against unauthorised processing and accidental loss, destruction, damage connected with intentional concealment, failure to provide them or to provide them in time, as well as to the protection against providing untrue data or the data prejudicial to the honour, dignity, or business reputation of the individual.
6.1.8. To apply to the Human Rights Commissioner of the Verkhovna Rada of Ukraine or to the court with complaints about the processing of your personal data.
6.1.9. To use legal remedies for any violation of the personal data protection legislation.
6.1.10. To make reservations regarding the restriction of the right to process your personal data when granting the consent.
6.1.11. To withdraw your consent to processing of your personal data.
6.1.12. To know the mechanism of automatic processing of personal data.
6.1.13. To get protection against an automated decision that has legal consequences for you.

6.2. Please note that you can exercise the rights specified in sub-clauses 6.1.2., 6.1.4., 6.1.6., 6.1.10., 6.1.11., 6.1.12 of this Section by sending a request, email, reservation, or other notice in any form to [email protected]. It is important to note that anonymous emails, requests, and other inquiries shall not be considered. In order to avoid fraud, the representative of ZAKAZ.UA, LLC has the right to request from you documents (scanned copies of such documents) confirming your identity.

6.3. ZAKAZ.UA, LLC informs you that the competent authority for the protection of personal data in Ukraine is the Human Rights Commissioner of the Verkhovna Rada of Ukraine, to whom you can apply if you believe that your rights have been violated in relations related to personal data processing.

7. ENTRY INTO FORCE AND AMENDING OF THIS POLICY

7.1. This Policy shall enter into force on the date of its publication on the Online Platform.

7.2. ZAKAZ.UA, LLC has the right to make amendments and supplements to this Policy unilaterally.

7.3. In the event that you do not agree with any amendments to the provisions of this Policy, you are obliged to stop using the Online Platform. By continuing to use the Online Platform after amendments are made to it, you agree to the adopted amendments and/or supplements to this Policy and to continue to use the Online Platform in accordance with the Policy, subject to the amendments made.