Privacy Policy

Updated: 25.10.2023

Preamble.

At ARTKAI LLC (“we”, “Artkai”) we care a lot 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 Kurska str. 13-A, apt. 7, Kyiv 03049, Ukraine, company number: 40672312) - design, software-, application- and website development company that owns and maintains artk.ai (hereinafter - Website).

This Website is used to demonstrate and promote Artkai’s services and projects among potential clients and Website visitors (hereinafter - “Visitors”, “you”, “Data Subject”). If you're reading this Privacy Policy - you are the Visitor. This Privacy Policy explains how we use any personal information that Visitors provide us, or we collect about Visitors and what happens to it when Visitors visit the Website.

Chiefly, data processing is not our essential and direct purpose to do business. We often act as Processors with your Personal Data, previously received from third parties - Personal Data Controllers, such as Google Corp or any client, with which Artkai previously engaged in contractual relations. Following this Privacy Policy, you may receive more details about our processes due to Visitor’s Personal Data processing.

In addition, we declare that our Privacy Policy regulates the principles of Data Subjects’ Personal Data processing whose Personal Data we may receive from our Clients during the performance of our contractual obligations. In this case, Personal Data processing will be the subject to any applicable agreement entered with such potential client.

What do the “Data Subject”, “Processor” and “Controller” mean according to the Privacy Policy and GDPR?

Pursuant to Art. 4 of the Regulation (EU) 2016/679 (“General Data Protection Regulation” or “GDPR”), the “Data Subject” is an identified or identifiable natural person, who is a citizen of the European Union.

As far as this Privacy Policy also applies to contractual relations with Artkai’s Clients, Artkai may receive different types of Data subject’s Personal Data from such Clients to perform our contractual obligations.

Usually, we act as a “Processor”, which that, according to Art.4 of the GDPR means a natural or legal person, public authority, agency or other body which processes Personal Data on behalf of the Controller. Therefore, most of Artkai's Clients act as “Controllers”, that, according to Art. 4 of the GDPR, means the natural or legal person, public authority, agency or other body which, alone or jointly with others, determines the purposes and means of the processing of Personal Data. For example, we may receive your Personal Data from our Client, with whom you have shared previously. We expect our Clients have adhereed to the principles and rules set out in the GDPR before granting access to us, so they have legitimately obtained access to store and share your personal data with us.

In this way, Artkai conveys, that according to Art.28 of GDPR, Artkai:

never engages another processor without the 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 organisation;
ensures that persons authorised 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 the processing and assist the Controller by appropriate technical and organisational measures, insofar as this is possible, for the fulfilment of the Controller’s obligation to respond to requests for exercising the data subject’s rights;
at the choice of the Controller, deletes or returns all the Personal Data to the Controller after the end of the provision of services relating to processing, and deletes existing copies unless applicable law requires the storage of the Personal Data.

At Artkai we adhere strictly to the principles relating to the processing of Personal Data, prescribed by GDPR. According to Art.5 of GDPR, Artkai:

processes Personal Data lawfully, fairly and in a transparent manner in relation to the Data Subject;
minimises the scope of the processed Personal Data;
will not keep Personal Data longer than necessary;
ensures appropriate security and confidentiality of the Personal Data, including for preventing unauthorised access to or use of Personal Data and the equipment used for the processing.

In what way do we use your Personal Data?

We may use your Personal Data to make our Website work quickly and efficiently. The main purpose of processing your data is to ensure your experience of our Website usage will be comfortable and constant. Also, we use your data for other reasons such as safety and security, customer support, communications from Artkai, marketing purposes, compliance with legal obligations, and the performance of contractual obligations. For example, your Personal Data may be used as contact information to reach you, or it will be a part of data we will get access to within the cooperation with Clients.

What are the legal grounds for Personal Data processing?

Before proceeding to the processing of your Personal Data we assess and check the data that we collect and after that, we determine the legal basis of 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.

Contractual obligations: In the course of doing business, Artkai usually enters into contractual relationships with Clients. In order to provide high quality services, Artkai may process the Personal Data of the Data subject. During such performance, Artkai usually enters into a Data Processing Agreement with the Client, which governs the processing of the Personal Data during the performance of the contractual relationship between Artkai and such Client. In the event that you become our Contractor, the processing of your Personal Data will also be subject to this Data Processing Agreement, as well as to specific agreements, such as the Service Provision Agreement and the Non-Disclosure Agreement.

Compliance with legal obligations: Artkai requires to process Personal Data to comply with its legal obligation. For example, Artkai will disclose Data Subject details to the fiscal authorities, in case such Data Subject is Artkai’s employee or subcontractor. Or, a court order may require Artkai to process Personal Data for a particular purpose and this also qualifies as a legal obligation.

Legitimate interest: We rely on our legitimate interest to ensure the security of our Website, fraud prevention when processing your Personal Data data.

Active consent: We will not begin to process your personal data until you have read this Privacy Policy and given your consent to the processing of your personal data. We will ask for your consent via a pop-up window that will appear on your screen after you have visited our website.

We require your consent in order to provide you with further access to our website, to ensure the robust and consistent performance of the website and to comply with legal requirements. We do not intend to collect and/or process your personal data until we have obtained your clear and active consent unless such acess to your Personal Data was provided within our contractual relations with our Clients.

The processing of your personal data begins from the moment you click on the "I agree" button on the relevant pop-up.

Where may we transfer your Personal Data?

Artkai may process Personal Data, including by using third-party Subprocessors, outside the country in which 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, to comply with the requirements of GDPR, Artkai and Client enter into the Standard Contractual Clauses, if the cross-border transfer of Personal Data is expected.

In addition, we may transfer your data to our subcontractors who act as subprocessor on the basis of Data Protection Agreement.

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 that we send you newsletters, alerts, or other materials; when you sign up for a meeting when you submit 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-parties Clients (e.g. your preferences, your payment data).

Third party services like Google, Facebook, Twitter, LinkedIn and Clutch may provide us with certain information about you when you link/connect/login to any third party provider. The amount 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 that 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 receiving feedbacks and maintain our list of contacts;
assess the quality of our services and the effectiveness of our promotional campaigns and publications.

Artkai will never sell your Personal Data to any company or legal entity. However, we may transfer your Personal Data to a successor entity upon a merger, consolidation or other corporate reorganization in which we may participate or to a purchaser or acquirer of all or substantially all of our assets to which this Website relates. However, this Privacy Policy does not apply to information about you collected by any third party, including through any content that may link to, or be accessible through our Website.

We may share your Personal Data with some service providers, which may process data on our behalf. For example: third-party developers, accountants, subjects who operate applicable payment systems, etc. We usually may transfer your Personal Data only to the subjects who are located in countries, where an adequate level of data protection previously was confirmed by Government authority. You may find the list of such countries by clicking here. We conscientiously and carefully select and review authorised third parties when possible and review their privacy and security policies. These authorised third parties may be engaged in, among other things, the processing of technology support carried out in connection with 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 in connection with their labour responsibilities or contractual obligations.

Some of these personnel and authorised 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 for Personal Data and ensure that recipients of such Personal Data from us are bound to duties of confidentiality, where relevant or appropriate. Where this is not possible, we rely on data minimisation, the selection of trusted companies with privacy policies and auditable processes which we have reviewed and try to ensure that there are adequate safeguards in place for protecting transferred data (e.g. Standard Contractual Clauses).

How do we handle your Personal Data?

We maintain and use industry-standard physical, electronic and procedural safeguards to protect the personal information we collect, process and maintain. For example, the data we receive is only available to authorised employees and sub-contractors who have first signed a data protection agreement and a non-disclosure agreement.

In addition, at Artkai we conduct a Privacy 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 PIA is therefore a tool to help Artkai identify, assess and mitigate risks to data subjects arising from the processing of their personal data.

If you have any doubts or reason to believe that your interaction with our Website is no longer secure and safe, please immediately notify us by contacting us in writing at [hello@artk.ai].

We retain your Personal Data for as long as necessary to fulfill the purposes described in this Privacy Policy unless legislation obliges us to store Personal Data longer.

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 of your rights such as a right to object or restrict processing and a right to data portability, or the right to be forgotten, you can email us directly to hello@artk.ai. In case you desire to change the way how we handle your data, you have a right to lodge a complaint with a supervisory authority. By following this link, you may find your National Personal Data Authority.

Minors Policy.

We do not purposefully or knowingly collect or solicit Personal Data from anyone under the age of 16 (sixteen). In case you are under 16 years old age, please do not attempt to send any Personal Data about yourself to us. If we learn that we have collected Personal Data from a child under age 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 [hello@artk.ai].

Do we use Cookies?

A cookie is a piece of data stored on the user's hard drive containing information about the user. Cookies generally do not permit us to personally identify you.
You can choose to turn off all cookies. The links below provide information about cookies settings for different browsers, such as: Internet Explorer, Firefox, Microsoft Edge, Chrome, Safari.

However, we inform you that the turning off cookies actions may affect that some of our Website tools will become unavailable for you.

Just in case you are interested in what type of cookies third parties or we use on our Website, please look at this Cookies report. It will answer most of your questions.

How do we update this Privacy Policy?

Applicable law and our practices may change over time. If we decide to update our Privacy Policy, we will publish the changes on our Website. If we materially and substantially change the way in which we collect, process or store your Personal Data, we will provide you with prior notice, or where legally required, request your personal consent prior to implementing such changes. We strongly encourage you to read our Privacy Policy and keep yourself informed of our practices.

DISCLAIMER.

At Artkai we don’t implement any form of automated processing of Personal Data consisting of the use of personal data to evaluate certain personal aspects relating to a natural person, in particular, to analyse or predict aspects concerning that natural person’s performance at work, economic situation, health, personal preferences, interests, reliability, behaviour, location or movements. However, we may evaluate certain personal aspects relating to a natural person, and manually create the databases with the CV of our candidates and potential clients.

Legal Background.

At Artkai, while collecting and processing your Personal Data, we adhere to the principles and rules stipulated by the provisions of the General Data Protection Regulations. We invite you to read the text of the GDPR by clicking here. In case you have any questions related to our Privacy Policy, please, do not hesitate and contact us by mail: [hello@artk.ai].

However, we don't have a Data Protection Officer in our company, we periodically invite the fluent specialist in the privacy sphere to audit our organisational and technical measures and to advise us on the data subjects' requests. It usually takes up to 1 (one) month to send you the response to your request.

We also implement appropriate policies for our management. In accordance with the above policies, Artkai's management will be held accountable for violations of the Privacy Policy and applicable laws.