Privacy policy

INTRODUCTION

This privacy policy (hereinafter the Privacy Policy), developed by Limited Liability Company “AGROSEM” (hereinafter also “we” and/or AGROSEM LLC and/or the Company), describes the rules and procedures for processing the personal data of visitors (users) of the website https://agrosem.ua/ and/or the Chatbot.

I. TERMINOLOGY. BASIC PROVISIONS

1.1. The main terms (definitions) used in this Privacy Policy:

Chatbot — software for exchanging messages in real time (Telegram, Viber), through which the User receives information from the Company and may send messages that may contain their personal data. The operators of the respective messaging services process data in accordance with their own policies (see clause 5.8).

Website User and/or Chatbot User (hereinafter also the “Data Subject” and/or the “User”) — a person who has access to the Website and/or the Chatbot through the Internet and uses the Website and/or the Chatbot for their own purposes.

Personal data (hereinafter also PD) — information or a set of information about an individual who is identified or can be specifically identified;

Provision of personal data — actions aimed at disclosing PD to a particular person or a particular group of persons;

Cookies are small blocks of data transferred from the Website to your browser so that you can use the Website more efficiently.

Other terms (definitions) are used in the meanings given in the Law of Ukraine “On Personal Data Protection” and/or other regulatory legal acts or, where no such definitions exist, in the meanings normally used in similar legal relationships.

1.2. We have great respect for the confidential information of people who visit our Website and/or Chatbot and therefore seek to protect the confidentiality of PD, creating and maintaining the most comfortable possible conditions for everyone to use the Website and/or Chatbot. We take the organisational and technical protective measures necessary to maintain the confidentiality of your personal data in accordance with the Law of Ukraine “On Personal Data Protection”.

1.3. Your PD is processed in accordance with the Law of Ukraine “On Personal Data Protection”, other legislative acts of Ukraine and, in the cases provided for by them, Regulation (EU) 2016/679 of the European Parliament and of the Council (GDPR). The GDPR applies only when the Company offers goods or services to people who are in the EU or monitors their behaviour within the EU, as provided for in Article 3 of the GDPR.

1.4. Please note that we use cookies and other similar web technologies, the list of which we may change from time to time at our discretion:

1.5. When you first visit the Website, you choose the categories of cookies: by clicking “Accept”, you consent to analytics and marketing cookies; by clicking “Reject”, you refuse them. Functional cookies necessary for the Website’s core functions are stored in any case. Analytics and marketing cookies are not set before you give your consent. You can change your choice at any time in the cookie settings on the Website.

1.6. Please note that any User may disable cookies at any time on the device used to access the Website and/or delete cookies previously downloaded to their device(s).

We use these files to ensure that the Website operates (necessary cookies), analyse visits (analytics cookies) and, with your consent, personalise advertising messages (marketing cookies).

1.7. These files can be disabled by withdrawing consent through the cookie settings on the Website or by blocking them through your browser settings.

1.8. Links to the Company’s official Chatbots (where available) are published on AGROSEM LLC’s official Website.

1.9. The controller and processor of the personal data of Website and/or Chatbot Users is Limited Liability Company “AGROSEM” (EDRPOU code 30967207; address: 9V Stepana Bandery Street, Kyiv, 04073, Ukraine; hotline: 0 800 50 17 17). Personal data is stored and processed at: 9V Stepana Bandery Street, Kyiv, 04073, Ukraine. Contact details of the person responsible for personal data protection: info@agrosem.ua.

1.10. We use your personal data for:

• processing enquiries, orders and requests relating to the sale of seeds, plant protection products, fertilisers, agricultural machinery, spare parts, agricultural machinery maintenance and precision agriculture services, and the Company’s other goods and services;
• registering you as a User on our Website and/or Chatbot;
• recognising Users when they use the Website and/or Chatbot;
• entering into and performing a legal transaction to which the Data Subject is a party, which is concluded for the benefit of the Data Subject, or taking steps prior to entering into a legal transaction at the Data Subject’s request;
• complying with tax and accounting legislation — only for persons with whom a contract has been concluded and only to the extent required by law;
• communicating with Website and/or Chatbot Users about any matters relating to the Company’s business activities;
• supporting Users when using the Website and/or Chatbot, improving the operation of the Website and/or Chatbot, and improving the services offered;
• information and consultation purposes, as well as marketing purposes — only with the Data Subject’s separate consent to receive marketing messages;
• sending questionnaires about the quality of services provided and events held — by email or telephone number, as well as through automated calls, only with the Data Subject’s separate consent to such communications.

1.11. By providing your personal data to the Company through the Website or Chatbot (by completing forms, sending messages or submitting requests), you:

• confirm that you have read this Privacy Policy and agree to its terms concerning the processing of personal data necessary for the purpose you have indicated;
• are informed that your personal data may be collected on the Website and/or Chatbot and subsequently processed using technical and organisational tools;
• knowingly and voluntarily consent to the collection and processing of the personal data provided for the purpose specified in clause 1.10 of this Policy;
• consent to the transfer of your personal data to the processors listed in clause 5.8, only to the extent necessary to achieve the purpose of processing;
• give separate consent to the transfer of your personal data to partners directly involved in AGROSEM LLC’s advertising and/or marketing campaigns, and only to those with whom a data processing agreement has been concluded. Where data is transferred outside Ukraine, the requirements of applicable legislation on cross-border transfers of personal data are observed.
• consent to the processing of your personal data for the periods specified in clause 5.2 of this Policy and for no longer than is necessary to achieve the purpose of processing. Some personal data may be retained for longer where required by law; in that case, it is deleted as soon as those requirements cease to apply.
• consent to the use of cookies in accordance with clause 1.5 of this Policy. Consent may be withdrawn at any time (Section VI).

II. GENERAL PROVISIONS

2.1. Conduct by the User indicating intent (in particular, submitting personal data through Website forms or the Chatbot) does not constitute consent to the processing of personal data for marketing purposes, call recording or surveys; these consents are given separately in accordance with clauses 1.10, 1.11 and 5.5. For the purpose specified in clause 1.10, processing is carried out on the grounds provided for in Article 11 of the Law of Ukraine “On Personal Data Protection”, including entering into and performing a contract.

2.2. If the Data Subject does not agree to the terms of this Privacy Policy, they must immediately stop using the Website and/or Chatbot.

2.3. We do not verify the accuracy of the personal data provided by the Data Subject using the Website and/or Chatbot.

2.4. The Data Subject undertakes to provide correct and truthful information about PD necessary to achieve the purpose, and to update or supplement the information provided about PD if that information changes.

III. SUBJECT MATTER OF THE PRIVACY POLICY

3.1. This Privacy Policy establishes AGROSEM LLC’s obligations to maintain the confidentiality and protect the personal data provided by the Data Subject.

3.2. The personal data permitted to be processed under this Privacy Policy includes only the following categories necessary for the purpose specified in Section IV:

3.2.1. Surname, first name and patronymic (for a Chatbot User — a nickname);

3.2.2. Email address;

3.2.3. Postal address (delivery address or place of residence — only for entering into a contract);

3.2.4. Telephone number (mobile or other);

3.2.5. Personal signature in graphic format (only where required to enter into a contract);

3.2.6. Delivery address for goods, service provision address or location of the User’s premises (where necessary);

3.2.7. Customer, order, contract or enquiry identifier/number (where available);

3.2.8. Passport details (not collected through the Website or Chatbot, but only when entering into a contract in the cases specified by law);

3.2.9. Taxpayer registration number (only in the cases provided for by tax legislation and only for entering into a contract);

3.2.10. IP address (technical server logs);

3.2.11. Information from cookies in accordance with your chosen settings (clause 1.5);

3.2.12. Voice and the content of telephone conversations — only where a call is recorded in accordance with clause 5.5;

3.2.13. Data you voluntarily provide to the Company for entering into and performing a contract, handling an enquiry or processing an order (for example, information about goods or services purchased).

3.3. Sources of personal data collection:

• the User independently completing (entering) personal data in dedicated forms on the Website/Chatbot or on paper;
• the User independently providing/communicating personal data by email, telephone or other means;
• collecting data using automated technologies (cookies, server logs, call recording and other similar technologies);
• receiving personal data from third parties (counterparties) under agreements concluded between the Company and those third parties;
• obtaining personal data from publicly available sources.

IV. PURPOSES OF COLLECTING AND PROCESSING PERSONAL DATA

4.1. The purposes of collecting and processing personal data:

• ensuring interaction with AGROSEM LLC’s customers and potential customers regarding seeds, plant protection products, fertilisers, agricultural machinery, spare parts, maintenance and the Company’s other goods and services;
• ensuring compliance with Ukrainian legislation (in particular, tax and accounting requirements, where applicable);
• providing information to Data Subjects who have provided their personal data by any means, including through the Website or Chatbot;
• handling enquiries, applications, orders, communications and requests regarding AGROSEM LLC’s goods and services;
• maintaining contact with Data Subjects using the Website and/or Chatbot;
• sending information (electronic, text and/or multimedia messages) through the Chatbot or to the email address, telephone number, postal address or other contact details provided by the Data Subject, including service and information messages; advertising and news communications are sent only with the Data Subject’s separate consent, which may be withdrawn at any time;
• establishing feedback with Data Subjects;
• collecting statistics on the use of the Website, Chatbot and AGROSEM LLC’s goods and services;
• providing the Data Subject with effective customer and technical support when problems arise with the use of the Website and/or Chatbot.

V. CONDITIONS FOR PROCESSING PERSONAL DATA

5.1. The Data Subject’s personal data is processed for the periods specified in clause 5.2 by any lawful means, including in personal data information systems, with or without automated tools.

5.2. Data Subjects’ personal data is retained for as long as necessary for its processing, or until the Data Subject submits a request or expresses a wish to stop processing/delete their personal data, or until other conditions arise under the law. The Data Subject agrees that some personal data may continue to be retained where required by Ukrainian legislation. In that case, your personal data will be deleted as soon as the requirements for its mandatory retention and processing under Ukrainian legislation cease to apply.

5.3. Personal data may be transferred to third parties only in the cases provided for by law or contract: (a) to processors acting on the Company’s behalf under a data processing agreement (clause 5.8); (b) to state authorities upon their lawful request in accordance with the procedure established by Ukrainian legislation. Personal data is not transferred to local self-government bodies or regional state administrations without an appropriate legal basis.

5.4. The Data Subject’s personal data may be transferred to authorised state authorities only on the grounds and in accordance with the procedure established by applicable legislation.

5.5. AGROSEM LLC may record telephone calls received from the Data Subject or made to the Data Subject on AGROSEM LLC’s behalf. Before recording begins, an AGROSEM LLC employee informs the Data Subject of the recording and its purpose; recording takes place only with the Data Subject’s consent expressed after that notification. Such recordings may contain PD provided by the Data Subject during the conversation. If the Data Subject does not agree to recording, they may use another communication channel (email or a form on the Website).

AGROSEM LLC has the right (subject to the Data Subject’s consent referred to in clause 5.5) to:

• retain call recordings for the period specified in clause 5.2;
• process call recordings (including transcription and anonymisation) for the purposes of service quality control, staff training or dispute resolution; automated analysis of recordings (including using artificial intelligence tools) is carried out only with prior notification to the Data Subject;
• transfer call recordings to third parties only in the cases provided for by Ukrainian legislation or a data processing agreement (clause 5.3);
• delete call recordings after the period specified in clause 5.2 expires, or earlier at the Data Subject’s request, provided this does not conflict with the law;
• use recordings as evidence in court.

AGROSEM LLC takes the necessary organisational and technical measures to protect call recordings against unauthorised access, alteration, disclosure or destruction.

5.6. The Data Subject’s personal information remains confidential, except where the User voluntarily makes information about themselves available to an unlimited number of persons.

5.7. If the Data Subject withdraws their consent to the processing of their PD, AGROSEM LLC stops processing it within 10 working days of receiving the relevant request, provided this does not conflict with Ukrainian legislation.

5.8. Processors and cross-border transfers. Processing on the Company’s behalf is carried out only under written data processing agreements with the following categories of processors: hosting and technical support providers for the Website and Chatbot; enquiry and customer management systems (CRM); the operators of Telegram and Viber messaging services (in relation to messages sent through the Chatbot); Google analytics and advertising services (Google Analytics) and Meta (Facebook Pixel). These services may process data outside Ukraine, including in the United States. Such transfers are carried out in compliance with legal requirements for cross-border transfers of personal data. An up-to-date list of processors is provided at the Data Subject’s request.

VI. RIGHTS OF THE DATA SUBJECT

6.1. The Data Subject has the right to:

a) know the sources of collection, location and purpose of processing of their personal data, the location or place of residence (stay) of the controller or processor of personal data, or authorise designated persons to obtain this information, except in the cases established by law;

b) obtain information about the conditions for access to personal data, including information about third parties to whom their personal data is transferred;

c) access their personal data;

d) receive, no later than thirty calendar days after the request is received, except in the cases provided for by law, a response as to whether their personal data is being processed, and obtain the content of that personal data;

e) submit a reasoned objection to the processing of their personal data to the data controller;

f) submit a reasoned request to any controller or processor to amend or delete their personal data if that data is processed unlawfully or is inaccurate;

g) protection of their personal data against unlawful processing and accidental loss, destruction or damage due to deliberate concealment, failure to provide it or failure to provide it in a timely manner, and against the provision of information that is inaccurate or damages the honour, dignity and business reputation of an individual;

h) lodge complaints about the processing of their personal data with the Ukrainian Parliament Commissioner for Human Rights or a court;

i) use legal remedies in the event of a breach of personal data protection legislation;

j) make reservations restricting the right to process their personal data when giving consent;

k) withdraw consent to the processing of personal data;

l) know about the use of automated processing of personal data (including the analysis of call recordings), its purpose and basic principles;

m) protection against an automated decision that has legal consequences for them.

6.2. To exercise their rights, the Data Subject sends a request to info@agrosem.ua or by post to the address specified in clause 1.9. The request must include the person’s surname, first name and patronymic (for the Chatbot — a nickname), a description of the request and a means of receiving a response. Additional information may be required to identify the Data Subject. A response is provided no later than thirty calendar days after the request is received, except in the cases provided for by law.

VII. SECURITY

7.1. The Company grants internal access to Users’ data only to employees who need it to perform their duties.

7.2. The Company takes technical and organisational measures to protect personal data in accordance with the Law of Ukraine “On Personal Data Protection”. The Company is not responsible for the functioning of Internet networks or the operation of telecommunications operators and third-party services where a failure was not caused by its actions. The Company notifies the Commissioner and, where necessary, the Data Subjects of a personal data security breach that may pose a risk to the rights of Data Subjects within the time limits established by law.

7.3. Information about Data Subjects’ personal data is not sold or made publicly available, except in the cases specified in clause 5.3. The Website may contain links to other websites (for information purposes only). If you follow a link to another website, this Privacy Policy does not apply to that website.

VIII. DISPUTE RESOLUTION

8.1. The Data Subject and AGROSEM LLC are liable for breaches of this Privacy Policy in accordance with applicable Ukrainian legislation.

8.2. All disputes are addressed by submitting a claim (a written proposal for voluntary settlement of the dispute) and providing a response within 30 (thirty) calendar days of its receipt. Pre-trial settlement is voluntary and does not restrict the Data Subject’s right to contact the Commissioner or a court.

8.3. If disputes cannot be resolved through negotiations, they are resolved in court in accordance with applicable Ukrainian legislation.

IX. FINAL PROVISIONS

9.1. AGROSEM LLC reserves the right to amend this Privacy Policy unilaterally. Changes are made by publishing a new version of the Privacy Policy on the Website and/or in the Chatbot. The Company provides notice of material changes on the Website and/or in the Chatbot. The new version takes effect on the date specified in it, but material changes take effect no earlier than 10 days after publication. Changes introducing new purposes of processing require the Data Subject’s separate consent.

9.2. Continued use of the Website and/or Chatbot after changes take effect means that the Data Subject has become familiar with them. Changes requiring consent apply only after that consent has been obtained.

9.3. Matters not covered by this Privacy Policy are governed by Ukrainian legislation. You may send any suggestions or questions concerning this Privacy Policy to info@agrosem.ua.