At ARTKAI LLC (“we”, “Artkai”) we care about privacy. Therefore, we strictly adhere to all applicable data protection procedures regarding the complete and comprehensive security of your Personal Data.
We are the ARTKAI LLC (a company organized and existing under the laws of Ukraine with its principal place of business located at: 13-A Kurska str., apt. 7, Kyiv 03049, Ukraine, company number: 40672312) - design, software-, application- and website development company that owns and maintains artk.ai (hereinafter - Website).
Given the foregoing, we hereby represent that according to Art.28 of GDPR, Artkai:
- never engages another processor without prior specific or general written authorisation of the Controller;
- informs the Controller of any intended changes concerning the addition or replacement of other processors, thereby giving the Controller the opportunity to object to such changes;
- processes the Personal Data only on documented instructions from the Controller, including with regard to transfers of Personal Data to a third country or an international organization;
- ensures that persons authorized to process the Personal Data have committed themselves to confidentiality or are under an appropriate statutory obligation of confidentiality;
- takes into account the nature of processing and assists Controller with appropriate technical and organizational measures, to the extent possible, in performing Controller’s obligation to respond to requests for exercising the data subject’s rights;
- if Controller so decides, deletes or returns all the Personal Data to the Controller after termination of processing-related services, and deletes existing copies, unless applicable law requires the storage of the Personal Data.
At Artkai we adhere strictly to the Personal Data processing principles, as prescribed by GDPR. In terms of Art.5 GDPR, Artkai:
- processes Personal Data lawfully, fairly and in a transparent manner in relation to the Data Subject;
- minimizes the scope of the Personal Data processed;
- will not keep Personal Data longer than necessary;
- ensures appropriate Personal Data security and confidentiality, including access management.
In what way do we use your Personal Data?
We may use your Personal Data to ensure prompt and efficient Website’s performance. The main purpose of your data processing is to ensure comfortable and constant Website experience. In addition, we use your data for other reasons such as safety and security, customer support, communications from Artkai, marketing purposes, compliance with legal obligations, performance of contractual obligations.
What are the legal grounds for Personal Data processing?
Before proceeding to your Personal Data processing we assess and check the data we collect and determine the legal basis for processing. We use the following basis to collect and process your Personal Data: performance of contractual obligations, compliance with legal obligations, our legitimate interest, and your active consent.
While doing business, Artkai usually enters into contractual relations with the Clients. To perform high-quality services Artkai may process the Data subject’s Personal Data. To this end, Artkai concludes Data Processing Agreement with the Client that regulates Personal Data Processing during contractual relations between Artkai and such Client.
Compliance with legal obligations
Artkai needs to process Personal Data to comply with its legal obligation. For example, Artkai will disclose Data Subject details to fiscal authority, in case such Data Subject is the Artkai’s employee; or, a court order may require Artkai to process Personal Data for a particular purpose, which also qualifies as a legal obligation.
We rely on our legitimate interest to ensure the security of our Website, fraud prevention when processing your Personal Data.
We will proceed with your Personal Data processing once you have read this Policy and given your consent. We ask for your consent via a pop-up, which you can see on your screen after you visit our Website.
We need your consent to grant you with further access to our Website and ensure the robust and consistent Website performance, as well as to comply with legal requirements. We will not collect and (or) process your Personal Data until you give us clear and active consent. Your Personal Data processing starts after you click on the "I agree" button on the relevant pop-up.
Where we may transfer your Personal Data?
Artkai may process Personal Data, including through third-party Sub-processors, outside the country, where the Client and/or the Data Subject is located, as permitted under the GDPR. As far as Artkai is established in Ukraine, the country, that has not been acknowledged by the European Union as a safe country with an adequate level of data protection under Art. 45 GDPR, in order to meet GDPR requirements, Artkai and Client sign the Standard Contractual Clauses, where the cross-border transfer of Personal Data is expected.
What categories of Personal Data do we collect?
We may collect and process personal information from you in the course of our business, including through your use of our website; when you communicate with us via email or other channels; when you sign up for or request us to send you newsletters, alerts, or other materials; when you sign up for a meeting while submitting an application for a position with us; when you engage our services or as a result of your relationship with one or more of our staff and clients; and when you respond to our communications or requests for information.
The personal information that we may collect and process includes:
- Basic information, such as your name (including name prefix or title), the company you work or worked for;
- Contact information, such as your postal address, email address and phone number(s);
- Financial information, such as payment-related information;
- Technical information, such as information from your visits to our website or applications or in relation to materials and communications we send to you electronically;
- Information you provide to us for the purposes of attending meetings and events;
- Identification and background information provided by you or collected as part of our business processes from third party Clients (e.g. your preferences, your payment data).
Third party services like Google, Facebook, Twitter may provide us with certain information about you when you link/connect/login to any third party provider. The extent of information may vary and can be/is controlled by that service provider or by you via privacy settings controls available in the account settings of relevant service provider.
How do we share and disclose your data?
At Artkai we may disclose your Personal Data to third parties to the extent necessary to:
- comply with a government request, a court order or applicable law;
- defend ourselves against third-party claims;
- assist in fraud prevention or investigation;
- execute your request on such disclosure or transmission;
- during the performance of contractual obligations;
- manage and administer our relationship with you, including feedbacks and maintaining our list of contacts;
- assess the quality of our services and effectiveness of our promotional campaigns, and publications.
We may share your Personal Data with some service providers, which may process data on our behalf. For example, third-party developers, accountants, subjects operating applicable payment systems, etc. We may transfer your Personal Data only to the subjects located in countries, where the Government authority confirmed an adequate level of data protection. You may find the list of such countries by clicking here. We conscientiously and carefully select and review authorized third parties, to the extent practicable, and review their privacy and security policies. These authorized third parties may be engaged, inter alia, in processing technology support for our business. Limited members of Artkai employees, contractors or the employees working for these third parties may also access and otherwise process your Personal Data to fulfill their labour responsibilities or contractual obligations.
Some of these personnel and authorized third parties (e.g. payment processors) may transfer data outside Ukraine or European Union. We always take appropriate steps to ensure that Personal data remains within jurisdictions with adequate level of protection and ensure that our recipients of such Personal Data are bound to confidentiality terms, where relevant or appropriate. Where this is not possible, we rely on data minimization, the selection of trusted companies with privacy policies and auditable processes we have reviewed, and ensure available adequate safeguards in place to protect the data transferred (e.g. Standard Contractual Clauses).
How do we handle your Personal Data?
We provide and implement industry-standard physical, electronic, and procedural safeguards to protect Personal Data we collect, process and maintain. For example, data we receive is available only to authorized employees and those subcontractors, who concluded Data Protection Agreement and Non-disclosure Agreements.
In addition, we undertake at Artkai a Data Protection Impact Assessment where any processing of Personal Data is “likely to result in a high risk” to the rights and freedoms of Data Subjects. The Data Protection Impact Assessment, therefore, serves as a tool to help Artkai to identify, evaluate and mitigate risks to the Data Subjects arising as a result of their Personal Data processing.
If you have any doubts or reason to believe that your interaction with our Website is no longer secure and safe, please notify us immediately in writing at firstname.lastname@example.org.
How can you manage your Personal Data?
In case you would like to access, review, update, rectify, and delete any Personal Data we received and hold about you, or exercise any other rights such as a right to object or restrict processing and a right to data portability, or the right to fall into oblivion, you can email us directly to email@example.com. In case you wish to change the way we handle your data, you have a right to lodge a complaint with a supervisory authority. You may find your National Personal Data Authority at this link.
We do not collect, purposefully or knowingly, or solicit Personal Data from anyone under the age of 16 (sixteen). In case you are under 16 years of age, please do not attempt to send any of your Personal Data to us. If we learn that we have collected Personal Data from a child under the age of 16, we will delete that data as prompt as possible. If you believe or have any suspicious or reasons to believe that a minor has disclosed data to us, please contact us at firstname.lastname@example.org.
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At Artkai we don’t implement any form of automated Personal Data processing, which provides for using of personal data to evaluate certain personal aspects related to a natural person, in particular, to analyze or predict aspects concerning that natural person’s performance at work, economic situation, health, personal preferences, interests, reliability, behavior, location or movements. However, we may evaluate certain personal aspects of a natural person, and manually create the databases with CVs of our candidates and potential clients.
However, we don’t have the Data Protection Officer. We usually engage the Privacy expert to audit our organizational and technical measures and provide us with advice on handling Data Subjects requests. Usually, it takes up to 1 (one) month to respond to your request.