Public offer agreement for sale of digital products
This document is a public offer (offer) of CyberSoft Systematics https://cybersoftw.com/ to sell goods.
1. General provisions
1.1 This public offer (hereinafter - the "Offer") is an official offer of CyberSoft Systematics to any individual to enter into a retail sale agreement with CyberSoft Systematics at the website https://cybersoftw.com/ remotely under the terms and conditions defined in this Agreement and contains all material terms and conditions of the Offer.
1.2 The Buyer's order of the goods placed on the Site https://cybersoftw.com/ means that the Buyer agrees with all the terms and conditions of this Offer and the Privacy Policy.
1.3 The website https://cybersoftw.com/ has the right to make changes to the Offer without notifying the Buyer.
1.4 The term of the Offer is unlimited, unless otherwise specified on the Website https://cybersoftw.com/.
1.5 The website https://cybersoftw.com/ provides the Buyer with complete and accurate information about the goods/services, including information about the basic consumer properties of the goods, the place of manufacture.
2. Subject of the Offer
2.1. The Site https://cybersoftw.com/ undertakes to transfer to the Buyer goods, intended for personal, family, home or other use, not connected with the business activity, on the basis of the placed Orders, and the Buyer undertakes to accept and pay for the Goods under the conditions of this Offer.
2.2 The name, price, quantity of goods, as well as other necessary conditions of the Offer are determined on the basis of the information provided by the Buyer when placing the order. 2.3 The right of ownership to the ordered goods passes to the Buyer from the moment of the actual transfer of goods to the Buyer and the payment of the full cost of goods by the latter. The risk of accidental loss or damage to the goods shall be transferred to the Buyer from the moment of the actual transfer of the goods to the Buyer.
3. The cost of goods
3.1 Product prices are determined by the Seller unilaterally and incontestably and are specified on the pages of the online store, located at the Internet address: https://cybersoftw.com/.
3.2 The price of goods is indicated in US dollars.
3.3 The final price of goods is determined by the successive action on the price of goods discounts in the following order: ● Promotional discount ● Regular Buyer Discount
3.4 Settlements between the Site https://cybersoftw.com/ and the Buyer for the goods are made by the methods specified on the Site https://cybersoftw.com/ in the section Delivery and Payment
4. The moment of the Offer execution
4.1 The acceptance of this Offer (contract) is the Buyer's order of goods in accordance with the terms of this Offer. The Buyer shall place an order for the goods by taking actions on the website https://cybersoftw.com/ "Purchase" and "Send request".
4.2 By accepting this Offer, the Buyer agrees that:
● registration data (including personal data) are voluntarily provided by him; ● registration data (including personal data) is transmitted in electronic form via Internet communication channels; ● registration data (including personal data) are transferred to the Site for purposes specified in this Offer, Privacy Policy, User Agreement, and can be transferred to third parties for purposes specified in this Offer; ● registration data (including personal data) can be used by the Site in order to promote products and services by means of direct contacts with the Buyer via communication channels; ● In order to provide additional protection against fraudulent activities, the registration data (including personal data) specified by the Buyer may be transferred to the bank, carrying out transactions on payment for orders placed; ● The Buyer's consent to the processing of his registration data (including personal data) is indefinite and may be revoked by the Buyer or his legal representative, by submitting a written application submitted to the Site.
5. Return of Goods and Money
5.1 The return of goods shall be carried out in coordination with the Site.
5.2 Refunds are made by returning the cost of paid goods to the bank card or by postal transfer.
6. Sending a digital product
6.1 Sending a digital product to the Buyer is carried out within the period agreed by the Parties when confirming the order by an employee of the Site https://cybersoftw.com/
7. Term of the Offer
7.1 This offer shall be effective from the moment of its acceptance by the Buyer, and is valid until the withdrawal of acceptance of the public offer.
8. Additional Terms
8.1 The site has the right to assign or otherwise transfer its rights and obligations arising from its relationship with the Buyer to third parties. 8.2 The Website and provided services can be temporarily partially or completely unavailable due to maintenance or other works or any other reasons of technical nature. The technical service of the Site has the right to carry out periodically necessary preventive or other work with or without advance notice to the Buyers.
8.3 In case of any questions and claims on the part of the Buyer he should address to the Site by phone or by other available means. All arising disputes the parties will try to solve by means of negotiations, in case of failure to reach the agreement the dispute will be transferred for consideration in a judicial body.
8.4 Recognition of invalidity of any provision of this Agreement by court does not entail invalidity of other provisions. 9.
This personal data processing policy determines the procedure of personal data processing and measures to ensure security of personal data, taken on the website https://cybersoftw.com/
1.1 The operator sets as its most important objective and condition of its activity the observance of human and citizen's rights and freedoms in the processing of their personal data, including the protection of the rights to privacy, personal and family secrets.
1.2 The present Policy of the Operator regarding the processing of personal data (hereinafter - the Policy) applies to all information which the Operator can obtain about the visitors of the website https://cybersoftw.com/.
2 Basic concepts used in the Policy
2.1 Automated processing of personal data - processing of personal data by means of computer equipment.
2.2 Blocking of personal data - is temporary termination of processing of personal data (except when the processing is necessary to clarify personal data).
2.3 Website means a set of graphic and informational materials, as well as computer programs and databases, ensuring their availability on the Internet at the network address https://cybersoftw.com/
2.4 Information system of personal data is an aggregate of personal data contained in databases of personal data, and information technologies and technical means ensuring their processing.
2.5 Anonymization of personal data - actions, as a result of which it is impossible to determine, without using additional information, what personal data belongs to a particular User or other subject of personal data. 2.6 Processing of personal data - any action (operation) or set of actions (operations) performed with or without the use of automation means with personal data, including collection, recording, systematization, accumulation, storage, clarification (updating, modification), extraction, use, transfer (distribution, provision, access), depersonalization, blocking, deletion, destruction of personal data.
2.7 Operator - a state body, municipal authority, legal entity or individual, independently or jointly with other persons, arranging and (or) carrying out processing of personal data, as well as determining the purpose of personal data processing, composition of personal data subject to processing, actions (operations) performed with personal data.
2.8 Personal data - any information relating directly or indirectly to a specific or identifiable user of the website https://cybersoftw.com/.
2.9. Personal data, authorized by the subject of personal data for distribution - personal data, access to which is provided by the subject of personal data by giving consent to the processing of personal data, authorized by the subject of personal data for distribution.
2.11. Provision of personal data - actions aimed at disclosure of personal data to a certain person or a certain circle of people.
2.12. Dissemination of personal data - any action aimed at disclosure of personal data to an indefinite range of persons (transfer of personal data) or to familiarize the general public with personal data, including publication of personal data in the media, placement in information and telecommunications networks or providing access to personal data in any other way.
2.13. Cross-border transfer of personal data - transfer of personal data to the territory of a foreign state to a foreign state authority, a foreign individual or a foreign legal entity.
2.14. Destruction of personal data - any actions, as a result of which personal data is destroyed irretrievably with the impossibility of further restoration of the content of personal data in the information system of personal data and (or) destruction of material media of personal data.
3 Basic rights and obligations of the Operator 3.1 The operator has the right:
- receive from the subject of personal data reliable information and/or documents containing personal data;
- In case the personal data subject withdraws their consent to the processing of personal data, the operator has the right to continue the processing of personal data without the consent of the personal data subject;
- Independently determine the composition and list of measures necessary and sufficient to ensure the fulfillment of duties.
3.2 The operator shall:
- provide the subject of personal data, at his/her request, with information relating to the processing of his/her personal data;
- Organize the processing of personal data;
- to respond to requests and inquiries of personal data subjects and their legal representatives;
- to provide to the authorized agency for protection of personal data subjects, upon request of such agency, the necessary information within 30 days from the date of receipt of such request;
- Publish or otherwise ensure unrestricted access to this Policy on personal data processing;
- To take legal, organizational and technical measures for the protection of personal data against unauthorized or accidental access, destruction, modification, blocking, copying, distribution of personal data, as well as other illegal actions in relation to personal data.
4 The main rights and obligations of subjects of personal data
4.1 Subjects of personal data have the right:
- To receive information relating to the processing of his personal data. Information is provided to the subject of personal data by the operator in an accessible form, and it must not contain personal data relating to other subjects of personal data, except in cases where there are legitimate grounds for the disclosure of such personal data.
- Require the operator to clarify his personal data, block or destroy it if the personal data is incomplete, outdated, inaccurate, illegally obtained or is not necessary for the stated purpose of processing, as well as to take statutory measures to protect their rights;
- to put forward the condition of prior consent when processing personal data for the purpose of promoting goods, works and services on the market - to withdraw the consent to the processing of personal data;
- To complain to the authorized body for the protection of the rights of subjects of personal data or in court unlawful actions or inaction of the Operator in the processing of their personal data.
4.2 Subjects of personal data shall:
- Provide the Operator with reliable data about themselves;
- Inform the Operator of the clarification (updating, modification) of their personal data.
4.3 Persons who provided the Operator with unreliable information about themselves, or information about another subject of personal data without the consent of the latter, shall be liable.
5. The operator can process the following personal data of the User Surname, first name, patronymic.
5.2 E-mail address.
5.3 Phone numbers.
5.4 The site also collects and processes visitors' anonymized data (including cookies) using Internet statistic services.
5.5 The above-mentioned data hereinafter in the text of the Policy are combined with the general concept of Personal Data.
5.6 The Operator does not process special categories of personal data related to race, ethnicity, political views, religious or philosophical beliefs, and intimate life.
5.7 Processing of personal data, allowed for distribution, from among special categories of personal data.
5.8 The User's consent to the processing of personal data permitted for distribution is executed separately from other consents to the processing of his personal data. Requirements for the content of such consent shall be established by the authorized body for the protection of the rights of subjects of personal data.
5.8.1 The consent to the processing of personal data allowed for distribution, the User provides the Operator directly.
5.8.2 The Operator is obliged within three working days from the receipt of the above consent of the User to publish information about the conditions of processing, the existence of prohibitions and conditions on the processing of personal data allowed for distribution to an unlimited number of persons.
5.8.3 Transfer (distribution, provision, access) of personal data, authorized by the subject of personal data for distribution, must be terminated at any time at the request of the subject of personal data. This requirement must include the last name, first name, patronymic (if any), contact information (telephone number, e-mail address or mailing address) of the subject of personal data, as well as a list of personal data whose processing is to be terminated. The personal data specified in this request may only be processed by the Operator to which it is sent.
5.8.3 The consent to the processing of personal data permitted for dissemination shall cease to have effect from the moment the requirement specified in paragraph
5.8.4 of this Policy for the processing of personal data is received by the Operator.
6. Principles of Personal Data Processing
6.1 Processing of personal data is carried out on a lawful and fair basis.
6.2 Processing of personal data is limited to achieving specific, predetermined and legitimate purposes. Processing of personal data that is incompatible with the purposes of personal data collection is not permitted.
6.3 Databases containing personal data, which are processed for purposes incompatible with each other, shall not be combined.
6.4 Only personal data that meets the purposes of processing shall be processed.
6.5 The content and scope of processed personal data shall comply with the stated processing purposes. Processed personal data shall not be excessive in relation to the stated processing purposes.
6.6.When processing personal data, the accuracy of personal data, its sufficiency, and, if necessary, relevance in relation to the purpose of personal data processing shall be ensured. The operator shall take necessary measures and/or ensure that they are taken to remove or clarify incomplete or inaccurate data.
6.7 Personal data shall be stored in a form that identifies the personal data subject no longer than required by the purposes of personal data processing, unless the storage period of personal data is established by a contract to which the personal data subject is a party, beneficiary or guarantor. Processed personal data shall be destroyed or depersonalized upon attainment of the processing objectives or if it is no longer necessary to attain those objectives.
7. Purposes of personal data processing
7.1 The purpose of processing of personal data of the User:
- Informing the User by sending emails;
- Informing the User by phone call and/or messenger.
7.2 Also the Operator has the right to send the User notifications about new products and services, special offers and different events. The User can always refuse to receive informative messages by sending an email to the Operator at cybersoft.client@gmail.com with the note "Refuse notifications about new products and services and special offers".
7.3 The anonymized data of Users, collected with the help of Internet statistics services, serves for collecting information about Users' actions on the site, improving the quality of the site and its content.
8. Legal basis for processing of personal data
8.1 The legal basis for the processing of personal data by the Operator is: - Consents of Users to process their personal data, to process personal data allowed for distribution.
8.2 The Operator processes the User's personal data only in case the User fills in and/or sends the personal data by himself via special forms, located on the website https://cybersoftw.com/ or sent to the Operator by e-mail. By filling out the relevant forms and/or sending his personal data to the Operator the User expresses his consent to this Policy. 8.3. The Operator processes impersonal data about the User if it is allowed in the settings of the User's browser (the saving of "cookie" files and the use of JavaScript technology is enabled).
8.4 The subject of personal data independently decides to provide his personal data and gives consent freely, willingly and in his own interest.
9. Conditions for the processing of personal data
9.1 Processing of personal data is carried out with the consent of the subject of personal data to the processing of their personal data.
9.2 Processing of personal data is necessary to achieve the purposes stipulated in the international treaty.
9.3 Processing of personal data is necessary for administration of justice, execution of judicial act, act of other body or official.
9.4 Processing of personal data is necessary for execution of an agreement, a party to which or a beneficiary or guarantor under which the personal data subject is a party, as well as for conclusion of an agreement on the initiative of the personal data subject or an agreement, under which the personal data subject will be a beneficiary or guarantor.
9.5 Processing of personal data is necessary to exercise the rights and legitimate interests of the operator or third parties or to achieve socially important goals, provided that this does not violate the rights and freedoms of the subject of personal data.
9.6 Personal data shall be processed if access to such data is granted to an unlimited number of persons by or at the request of the personal data subject (hereinafter, "publicly available personal data").
9.7 Processing of personal data subject to publication or compulsory disclosure in accordance with the law.
10. Procedure for collection, storage, transfer and other processing of personal data
The security of personal data processed by the Operator is ensured by implementing legal, organisational and technical measures necessary to comply fully with the requirements of current legislation in the field of personal data protection.
10.1 The operator provides safety of personal data and takes all possible measures which exclude access to personal data by unauthorized persons.
10.2 The personal data of the User shall never, under no circumstances be transferred to third parties, except in cases related to the implementation of the current legislation or if the subject of personal data has given consent to the Operator to transfer data to a third party to fulfill obligations under a civil law contract.
10.3. In case of identification of inaccuracies in personal data, the User may update them independently, by sending a notice to the Operator's e-mail address cybersoft.client@gmail.com with a note "Updating of personal data".
10.4 The term of processing of personal data is determined by achieving the purposes for which the personal data was collected, unless a different term is stipulated by the contract or by applicable law.
The user may withdraw his consent to the processing of personal data at any time by sending a notice via email to the Operator's email address cybersoft.client@gmail.com, marked "Withdrawal of consent to the processing of personal data".
10.5 All information that is collected by third-party services, including payment systems, means of communication and other service providers, is stored and processed by these persons (Operators) in accordance with their User Agreement and Privacy Policy. The subject of personal data and/or the User is obliged to get acquainted with the specified documents on his/her own in time. The Operator shall not be liable for the actions of third parties, including the service providers mentioned in this clause. 10.6 The prohibitions established by the personal data subject on the transfer (other than granting access) and on the processing or processing conditions (other than gaining access) of personal data permitted for distribution shall not apply in cases of processing of personal data in state, public and other public interests.
10.7. The Operator ensures the confidentiality of personal data when processing personal data.
10.8. The operator shall store personal data in a form that allows the identification of the subject of personal data for no longer than the purposes of personal data processing require.
10.9. The condition for termination of personal data processing may be achievement of personal data processing objectives, expiration of personal data subject consent or withdrawal of consent by the personal data subject, as well as detection of unlawful personal data processing.
11. List of actions performed by the operator with received personal data
11.1 The operator collects, records, systematizes, accumulates, stores, clarifies (updates, changes), extracts, uses, transfers (distribution, provision, access), depersonalizes, blocks, deletes and destroys personal data.
11.2 The operator carries out automated processing of personal data with or without receipt and/or transfer of received information via information and telecommunications networks.
12. cross-border transfer of personal data
12.1 The operator is obliged to make sure that the foreign country, to the territory of which the transfer of personal data is supposed to be carried out, provides reliable protection of personal data subjects' rights before starting trans-border transfer of personal data.
12.2 The transborder transfer of personal data to foreign countries, which do not comply with the above requirements, may take place only if the personal data subject consents in writing to the transborder transfer of his/her personal data and / or fulfillment of the contract, to which the personal data subject is a party.
13. Confidentiality of personal data The operator and other persons who have access to personal data must not disclose to third parties and not disseminate personal data without the consent of the subject of personal data.
14. Final provisions
14.1 The User can obtain any clarifications on the questions of interest regarding the processing of their personal data by contacting the Operator by e-mail at cybersoft.client@gmail.com.
14.2 This document will reflect any changes in the personal data processing policy of the Operator. The Policy is valid indefinitely until it is replaced by a new version.
14.3. The current version of the Policy is freely available on the Internet at https://cybersoftw.com/.