This “Privacy Policy” (hereinafter referred to as the “Policy”) is ShineMind terms of use. This Policy is an integral part of the User Agreement (the “Agreement”).
The ways of processing Personal Information include any action (operations) or combination of actions (operations), including collection, recording, systematization, storage, clarification (update, change), extraction, use, transfer (provision, access), depersonalization, blocking, deletion, destruction for purposes set forth in this Policy, with or without the use of automated means at the discretion of ShineMind.
Hereinafter in this Policy, the terms and definitions provided by the Agreement, as well as other contracts concluded with the User are used, unless otherwise provided by this Policy or derived from its essence. Otherwise, the term used in this Policy shall be interpreted in accordance with applicable law, customary business practice, or scientific doctrine.
Personal Information
Personal Information in this Policy means:
Information that the User provides about himself/herself upon registration or authorization, as well as in the process of further use of the Application and/or the Service, including the User’s personal data. Data that is transmitted automatically depending on the settings of the User’s software in an impersonal form.
ShineMind has the right to set requirements for the composition of User Personal Information that must be provided in order to use the Application and the Service based on it. If certain information is not marked as mandatory by ShineMind, its provision or disclosure is at the discretion of the User.
When registering, the User is required to indicate their account name (login), email address and password.
For the purposes of concluding Contracts the User may also provide the following personal data about himself: name, job title, phone number.
Data disclosed by the User to an unspecified circle of people. Using the functionality of the Application, the User may independently, by their own actions, at their own discretion, disclose to an unspecified circle of people (publish in the Application) information of their profile in the Application, which may include personal data, including: full name, first name, middle name, gender, date of birth, city of location, place of work, position, information about themselves in a free form. The information added by the User to the profile becomes available to an unlimited number of people, taking into account the profile information display settings in the Service.
ShineMind does not check the accuracy of Personal Information provided and whether the User has the necessary consent to process it in accordance with this Policy, assuming that the User acts in good faith, is prudent and makes all necessary efforts to keep such information up to date and to obtain all necessary consents from the subjects of personal data.
ShineMind collects and stores data about User actions in the Service, using log files. If actions are performed by an authorized User, such information is linked to the User ID.
The composition and conditions for collecting anonymized data using third-party software are determined directly by their rights holders and may include:
- browser data (type, version, cookie);
- operating system data (type, version, screen resolution);
- query data (time, transfer source, IP-address).
Other impersonal data about the User’s actions in the Application.
Within the framework of providing some kinds of services, ShineMind may provide its Users with an opportunity to place at some pages of the Site their own software for collecting and processing impersonal data, similar to that described in paragraph 2.7 of this Policy, as a result of which such Users can get the data indicated in paragraph 2.1.2 in impersonal form. The composition and conditions for collecting anonymized data in this case are determined by the User who has placed the software to collect and process the anonymized data, but may not be in conflict with this Policy.
ShineMind is not responsible for the way the User’s Personal Information is used by third parties with whom the User interacts within the framework of using the Application and/or the Service.
Legal basis for processing of Personal Information
The legal basis on which ShineMind uses Personal Information includes:
- Processing of Personal Information when the User has provided consent to the processing for one or more specific purposes;
- Processing of Personal Information when it is necessary for the performance of a contract to which the User is a party;
- Processing of Personal Information when it is necessary for the conclusion of a contract with the User;
The processing of Personal Information that is necessary for ShineMind to fulfill its obligations under applicable law.
Policy with respect to children
ShineMind does not knowingly collect personal information from children under the age of 18 and does not ask for it or allow them to use the Application. Individuals under the age of 18 are not permitted to provide personal information, including name, address, phone number and email address. If ShineMind becomes aware that information has been obtained from a child under the age of 18, ShineMind will promptly delete such information. If you believe that we may have received any information from or about a child under the age of 18, please contact us at [email protected].
Purposes of processing Personal Information
ShineMind processes, including the collection and storage of Personal Information that is necessary to enter into and perform contracts with the User and that is made publicly available by the User by filling in a profile and making settings in the Personal Cabinet.
ShineMind is entitled to use Personal information for the following purposes:
Concluding contracts for the use of the Application and the Service;
Conclusion of the Contract is carried out remotely through the exchange of electronic documents, which are signed by a simple electronic signature. In this case, the role of the User’s simple electronic signature key can be a pair of login – password or their email address. That’s why they are requested when registering.
Performance of obligations under the concluded contracts, including providing the User access to the Application and the Service; Applications for the provision of access to the Service are accepted using the software tools of the Application and email. As part of the functionality of the Service, the Rights Holder shall store, systematize and display the User profiles containing Personal Information in the Application.
Identification of the User within the framework of performance of obligations under the agreements concluded with the User; the User’s Personal profile is linked to the User’s login-password and email address.
Providing technical support in connection with the use of the Application and the Service; Appeals to the support service are accepted with the use of software tools of the Application and e-mail.
Providing communication with the User for the purpose of information service and improving the quality of the Service under the signed Agreements, including in the order of notification with the involvement of third parties; Communication with the User is carried out through e-mail or by subscriber phone number specified by the User during registration or during the use of the Application and/or the Service.
User’s rights with respect to Personal Information
If provided by applicable law, the User has the right:
- Receive information about the collection and use of their personal data.
- To access and correct their personal data if they are incorrect or incomplete.
- To prohibit the processing of his/her personal data if its accuracy is disputed, the processing is unlawful, as well as in cases where ShineMind no longer needs the personal data for the purposes for which it was processed by ShineMind
- To object to the processing of his/her personal data, as well as to prohibit its processing in cases where ShineMind has processed it in the performance of tasks in the public interest or in its own legitimate interests, and there is no compelling need to continue such processing.
- To withdraw at any time the consent that the User has given to the processing of his/her personal data. In the event that the User withdraws its consent to the processing of personal data, such withdrawal will not affect the lawfulness of the processing that ShineMind was carrying out on the basis of such consent prior to its withdrawal.
- Request the deletion of their personal data when: they are no longer relevant to the purposes for which they were collected or processed; when consent is withdrawn and ShineMind has no grounds to continue processing; when there are objections to further processing for public benefit or in ShineMind own legitimate interests and there is no compelling need to continue such processing; when the personal data have been processed unlawfully.
- Not to be subject to a decision based solely on automated processing, including profiling, which creates legally significant consequences for the User or affects in other similar ways, unless there is a legal basis for continued processing.
- To receive personal data in a structured, commonly used, and machine-readable form, in order to be able to transfer the data, in cases where ShineMind processes the personal data supplied by automated means.
- Said rights can be exercised by using the tools offered by ShineMind in the Appendix or by sending a specific request to ShineMind in the ways described below. ShineMind will respond in a timely manner to any such requests in accordance with applicable law. In some cases ShineMind may ask the User to go through an identification procedure before processing the request. The User has the right to contact the relevant supervisory authority in his/her jurisdiction if the response from ShineMind is not satisfactory.
Retention of Personal Information.
All Personal Information collected is held only for as long as is necessary to fulfill the purposes for which it was collected or for as long as is permitted or required by applicable law. ShineMind periodically reviews data processing systems to determine whether the purposes for which users’ personal information is collected and processed remain valid.
In order to improve the quality of the Service and to enable legal protection, ShineMind is entitled to keep log files of actions performed by the User within the framework of use of the Application and/or the Service, as well as in connection with the conclusion and performance of the Agreement and other agreements by the User, for 1 (One) year from the date of their execution. Transfer of Personal Information ShineMind has the right to transfer Personal Information to third parties in the following cases: The User has expressed his or her consent to such actions, including when the User uses settings in the software used that do not restrict the provision of certain information;
The transfer is necessary as part of the User’s use of the functionality of the Application and/or the specifics of the Service based on it;
In connection with the transfer of the Application to the possession, use or ownership of such third party, including the assignment of rights under contracts concluded with the User in favor of such third party;
At the request of a court or other authorized governmental body in accordance with the procedure established by law;
To protect the rights and legitimate interests of ShineMind in connection with the violation of contracts with the User. Modification and deletion of Personal information
The User has the right at any time to edit at his/her Personal profile the Personal information that he/she provided upon registration or authorization.
The User has the right to delete his/her account or exercise his/her right to withdraw his/her consent to the processing of his/her personal data by sending ShineMind a request to delete his/her account to [email protected].
Changing this Privacy Policy
This Policy may be changed or terminated unilaterally by ShineMind without prior notice to the User. The new edition of the Policy is effective from the moment it is posted on the ShineMind website, unless otherwise provided by the new edition of the Policy.