1. Introduction
Your use of this Site is subject to these Site Terms of Use (“Terms”), which tell you the basis on which you may make use of our Site located at https://oberig.jewelry/ (“Site”). The Site is operated and owned by OBERIG Jewelry House LLC (“Oberig”). These Terms are a legally binding contract between you and Oberig which sets out your rights and responsibilities when you use our Site. Throughout the Site, the terms “company”, “we”, “us” and “our” refer to Oberig. Oberig offers this Site, including all information, tools and services available from this Site, to you, the user, conditioned upon your acceptance of all the terms, conditions, policies stated here.
Please read these Terms carefully, because using or accessing this Site indicates your acceptance of these Terms of Use. If you do not accept these Terms of Use, please do not continue to use this Site.
2. Entire agreement and admissibility
These Terms and any policies, including our Privacy Policy, or operating rules posted on this Site constitute the entire agreement and understanding between you and Oberig with respect to the subject matter thereof and supersede all prior or contemporaneous communications and proposals, whether oral or written, between the parties with respect to such subject matter. A printed version of these Terms of Use shall be admissible in judicial or administrative proceedings based on or relating to use of the Site to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
3. Intellectual property rights and Use of materials on the Site
® Reg. Trademark Oberig Jewelry. All rights reserved.
All copyright and other intellectual property rights in all text, images, and other materials on this Site are the property of the Oberig or are included with the permission of the relevant owner.
The trademarks, logos, characters, and service marks ("trademarks") are protected trademarks. Nothing contained on this Site should be construed as granting any license or right to use any trademark displayed on this Site. Your use/misuse of the trademarks displayed on this Site or of any other content on this Site, except as provided for in these Terms, is strictly prohibited. You are also advised that the Oberig will aggressively enforce its intellectual property rights to the fullest extent of the law, including criminal prosecution, for serious offences.
All content on this Site (including, without limitation, text, design, graphics, logos, icons, images, audio clips, downloads, interfaces, code and software, as well as the selection and arrangement thereof), is the exclusive property of and owned by Oberig, its licensors or its content providers and is protected by copyright, trademark and other applicable laws. You may freely browse the Site but are only permitted to access, download, or use information from this Site, including any texts, images, audio, and video, etc., (hereafter referred to as “information”) for your own non-commercial use. This should be done on the condition that all copyright and other proprietary notices are kept intact, and that the above trademark notice appears on such reproductions.
No reproduction of any part of this Site may be sold or distributed for commercial gain, nor shall it be modified or incorporated into any other work, publication, or Site. Any other use of content on the Site, including but not limited to the modification, distribution, transmission, performance, broadcast, publication, uploading, licensing, reverse engineering, transfer or sale of, or the creation of derivative works from, any material, information, software, products or services obtained from the Site, or use of the Site for purposes competitive to Oberig, is expressly prohibited. You agree to abide by all additional restrictions displayed on the Site as it may be updated from time to time. Oberig, or its licensors or content providers, retain full and complete title to the material provided on the Site, including all associated intellectual property rights, and provide this material to you under a license that is revocable at any time in Oberig’s sole discretion. Oberig neither warrants nor represents that your use of materials on this Site will not infringe rights of third parties not affiliated with Oberig.
You may not use contact information provided on the Site for unauthorized purposes, including marketing. You may not use any hardware or software intended to damage or interfere with the proper working of the Site or to surreptitiously intercept any system, data or personal information from the Site. You agree not to interrupt or attempt to interrupt the operation of the Site in any way. Oberig reserves the right, in its sole discretion, to limit or terminate your access to or use of the Site at any time without notice. Termination of your access or use will not waive or affect any other right or relief to which Oberig may be entitled at law or in equity.
4. Consequences
If Oberig becomes aware that you have violated any of the terms and conditions contained in this legal statement, the company may immediately take corrective action. Such measures include preventing the user from using the services offered by Oberig. If Oberig has been injured by your violation, the company may, in its sole discretion, seek to recover damages.
5. Returns
According to Ukrainian legislation jewellery is not subject to exchange or return.
6. Electronic сommunication
In connection with your use of the Site, we may send you electronically all communications, agreements, documents, receipts, notices, and disclosures which relates to Site.We may provide these communications to you via email or via means of communication which are most suitable for you such as messengers. You may unsubscribe from receiving messages from us at any time.
7. Information on this Site
The information contained on this SIte is given for general information and interest purposes only. Whilst we try and ensure the information contained on the Site is accurate and up to date, we cannot be responsible for any inaccuracies in the information. As a result, you should not rely on this information, and we recommend that you take further advice or seek further guidance before taking any action based on the information contained on this Site.
Specifically, please note that some products (“Products”) on our Site may appear slightly larger or smaller than actual size due to screen defaults and photography techniques. Other Products may be represented at a larger size than actual size in order to clearly show details, or smaller than actual size in order to show the entire item.
8. Links to third-party Sites
This Site may contain links to other websites, some of which are operated by Oberig or its affiliates and others of which are operated by third parties. These links are provided as a convenience to you and as an additional avenue of access to the information contained therein. We have not necessarily reviewed all the information on those other sites and are not responsible for the content of those or any other sites or any products or services that may be offered through those or any other sites. Inclusion of links to other sites should not be viewed as an endorsement of the content of linked sites. Different terms and conditions may apply to your use of any linked sites. Oberig is not responsible for any losses, damages or other liabilities incurred as a result of your use of any linked sites.
9. Jurisdiction and applicable law
The laws of Ukraine govern these Terms of Use and your use of the Site, and you irrevocably consent to the exclusive jurisdiction of the courts located in Ukraine for any action arising out of or relating to these Terms of Use or use of this Site. We recognize that it is possible for you to obtain access to this Site from any jurisdiction in the world, but we have no practical ability to prevent such access. This Site has been designed to comply with the laws of Ukraine. If any material on this Site, or your use of the Site, is contrary to the laws of the place where you are when you access it, the Site is not intended for you, and we ask you not to use the Site. You are responsible for informing yourself of the laws of your jurisdiction and complying with them.
10. Warranties and disclaimers
Use of this Site is exclusively at the sole risk of you, the visitor. Oberig is not responsible if the information on this Site is inaccurate or incomplete. Any reliance upon the material of this Site shall be at the user’s own risk. You agree that it is your responsibility to monitor any changes to the material and the information contained on this Site.
This Site is provided to you on an "as is" and "as available" basis. Consequently, Oberig gives no warranties of any kind, whether express, implied, statutory, or otherwise (including the implied warranties of merchantability and fitness for a particular purpose). Such warranties include, but are not limited to, any representations that material on this Site is complete, accurate, reliable, timely, and non-infringing on third parties; that access to this Site is uninterrupted or error-free; that this Site is secure; or that any advice or opinion obtained from the Oberig through this Site is accurate or reliable. Any such representations or warranties thereto are expressly disclaimed.
Oberig reserves the right to restrict or terminate your access to this Site, or any feature of this Site or part thereof, at any time.
11. Liability
Oberig, and any other parties involved in the creation, production, or delivery of this Site on the company’s behalf, shall not be held liable or responsible in any way for:
- any direct, indirect, incidental, or consequential, damages; costs, losses;
Or liabilities that may occur as a result of:
- your use and/or inability to use the Oberig Site;
- access to the Oberig Site;
- changes in the contents of this Site or from any other Site accessed through a link from this Site;
- any action Oberig takes or fails to take as a result of any electronic mail messages sent by the user to the Oberig.
Oberig, and any other parties involved in the creation, production, or delivery of this Site, shall have no responsibility to: maintain the material and services made available on this Site or to supply any corrections, updates, or releases in connection herewith. Any material on this Site is subject to change without notice.
12. Indemnification
In case Oberig gets sued because of something that you did, you agree to defend and indemnify us. You agree to defend Oberig and its employees and hold us harmless from any legal claims and/or demands, including reasonable attorney’s fees that may arise from your action, use/misuse of our Site, your breach of the Terms.
Oberig reserves a right to handle our legal defense however we see fit, including instances when you are indemnifying us. Therefore you agree to cooperate with us so we execute our strategy.
13. Changes to these terms of use
Oberig reserves the right, at its sole discretion, to change, modify, add or remove any portion of these Terms of Use, in whole or in part, at any time, by posting revised terms on the Site. It is your responsibility to check periodically for any changes we make to the Terms of Use. Your continued use of the Site after any changes to the Terms of Use or other policies means you accept the changes.
In the event we make material changes to the Terms of Use, notice of the changes will be posted on the homepage of this Site and the revised terms will take effect thirty days after their publication on the Site.
14. Headings
Headings of provisions are for convenience only and shall not be used to limit or construe any provisions of these Terms.
15. Severability
If any provision of these Terms is determined to be unlawful, void or unenforceable, the remaining provisions of these Terms will continue to be fully valid, binding, and enforceable.
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Contact us
If you have any questions or comments about these Terms of Use or this Site, please contact us by:
Emailing us at: contact@oberig.jewelry.
Writing to: Oberig LLC, Zankovetskoi str 3/1, Kyiv 01001, Ukraine
Last update: 28/09/18
A word from Oberig Jewelry.
The name of our brand comes from ukrainian word “oberig” which roughly translates as “protective amulet” and derivative verb is “oberigaty” which means “to protect”. It is in our very philosophy to “oberigaty” you. Therefore, your privacy and security of your personal data is and will always be incredibly important and valuable for us. That is why, we want to transparently explain how and why we collect, store, share and use your personal data - as well as tell you about choices and rights which you have under this Policy.
The aim of this Policy is to:
- Ensure, that you understand what personal data we collect, the reasons why we collect and use it, and with whom we share it;
- Explain the way we use the personal data data that you give us;
- Explain your rights and choices in relation to the personal data, and how we will protect your privacy.
Please take your time to read our Policy. In case you don’t agree with the way we treat your personal data please stop using the Site.
1. Introduction
This Privacy Policy (“Policy”) together with the Terms of Use form the entire legal Agreement (“Agreement”) between OBERIG Jewelry House LLC (“Oberig”, “Company”, “we”, “us” or “our”) and you as a user (“you”, “user”). The Agreement applies to our website (“Site”) located at https://oberig.jewelry.
2. What types of data do we collect?
There are two general categories of data we collect:
- data we collect automatically.
- data you give us.
2.1. Data we collect automatically
While interacting with the Site some data is being collected automatically, such data includes:
- Device data. We may collect data about your hardware data such as screen resolution, software data such as data about configurations of your browser.
- Cookies and similar technologies. We use cookies for analytical purposes. You may disable cookies at your browser settings at any time. Find out more about our use of cookies further in this Privacy Policy.
2.2. Data you give us
Data you may choose to give us:
- Contact data. You may choose to provide us with your personal data so that we will be able to contact you and process your request. Such data includes: Name, Phone number, Email, Messenger (Viber, Whatsapp).
3. How do we use data we collect?
Our usage of data that we collect may divided into following categories:
- Provision, improvement and development of our Site;
- Making your experience more personalized.
- Creation of trusted environment.
3.1. Provision, improvement and development of our Site
We use your data to:
- Provide our service.
- Conduct researches to improve our services;
- Provide you with customer support;
- Contact you to deliver certain services or data you have requested;
- To improve the content and general administration of our Site.
Legal basis for data usage: performance of a contract; legitimate interest.
3.2. Making your experience more personalized
We use your data to:
- Make your experience personalized. For example when you choose or customize a jewel, we will contact you to understand your vision of a piece and deliver exactly what you want.
Legal basis for data usage: performance of a contract, legitimate interest.
3.3. Creation of trusted environment
We use your data to:
- Comply with our legal obligations.
- Detect and prevent fraud.
Legal basis for this data usage: compliance with legal obligations. legitimate interest.
4. Do we share and disclose your data?
If you provide us with your personal identifiable data, we may share and disclose data that we collect for following reasons:
- With your consent;
- Safety, legal purposes, and law enforcement;
- Business transfers;
- Aggregated data;
- Service providers.
4.1. With your consent
In cases where you have provided your explicit consent, we may share your personal data, as described at the time of consent.
4.2. Safety, Legal purposes, and Law enforcement
We will disclose your personal data (a) if we are required to do so by law, regulation or other government authority or otherwise in cooperation with an ongoing investigation of a governmental authority, (b) to enforce the Oberig’s Site Terms of Use or user agreements or to protect our rights.
4.3. Business transfers
We will not sell your personal data to any company or organization, but we may transfer your personal data to a successor entity upon a merger, consolidation or other corporate reorganization in which Oberig participates or to a purchaser or acquirer of all or substantially all of Oberig assets to which this Siterelates. In such event we will notify you before your personal data is transferred and becomes subject to a different privacy policy.
4.4. Aggregated data
Through the third party analytic providers and directly through our Site, we may track data that will be maintained, used and disclosed in aggregate form only and which will not contain your personal data. For example, without limitation, the total number of visitors of our Site, the browser type. We may analyze this data for trends and statistics in the aggregate, and we may use such aggregate data to administer the Site, and gather broad demographic data for aggregate use.
4.5. Service providers
We may provide your personal data and the data generated by cookies and the aggregate data to the vendors and service agencies that we may engage to assist us in providing our services to you for their use solely to provide us with such assistance.
5. Other important information
In this section we will describe other important information that our users need to know. Such information includes:
- Children’s privacy;
- Cookies;
-Third-party websites;
Oberig recognizes the privacy interests of children and we encourage parents and guardians to take an active role in their children's online activities and interests. Our Site is not directed to children under the age of 13. Oberig does not target its Site to children under 13. Oberig does not knowingly collect personal data from children under the age of 13. If we learn that a child under the age of 13 provided us with personal data, we will delete that data. If your child has provided personal data, please contact us so we can delete it. If you are under the age of 13, please do not provide us with any personal data.
5.2. 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. We generally use session cookies to save your preferences and such cookies expire when you close your browser. These cookies are likely to be analytical, or performance cookies.
We, along with third-party vendors such as Google use first-party cookies (such as the Google Analytics cookies) you can find out more about this popular website analytics tool here.
These cookies collect information about how visitors use a website, for instance which pages visitors go to most often, and if they get error messages from web pages. These cookies don’t collect information that identifies a visitor. All information these cookies collect is aggregated and anonymous. It is only used to improve how a website works. All of this information is anonymized. You can find out more about how it protects your data here.
You can opt out by visiting the Network Advertising Initiative Opt Out page or by using the Google Analytics Opt Out Browser add on.
5.3. Third-party websites
The Site may provide links to other Websites or resources over which Oberig does not have control ("External Web Sites"). Such links do not constitute an endorsement by Oberig of those External Web Sites. You acknowledge that Oberig is providing these links to you only as a convenience, and further agree that Oberig is not responsible for the content of such External Web Sites. Your use of External Web Sites is subject to the terms of use and privacy policies located on the linked to External Web Sites.
6. What are your choices and rights?
Our motto says “Power in you” that is why under this Policy you have certain powers in relation to your personal data. You have a power to always be in full control of your data at all times. Also you always have a choice while using our Site.
In case you provide us with your personal data such as email you may use your powers and exercise any of the of the rights described in this section by sending an email to contact@oberig.jewelry.
6.1. Choices
Under this Privacy Policy you have following choices:
- Not to provide us with personal data
- Turn off cookies
6.1.1. Not to provide us with personal data
You can choose to not to provide us with personal data. If you choose to do so, you can continue to use the Site and browse its pages, but we will not be able to process any of your requests.
6.1.2. Turn off cookies
You can block cookies by activating a setting on your browser allowing you to refuse cookies. You can also delete cookies through your browser settings. If you turn off cookies, you can continue to use the Site and browse its pages
6.2. Rights
Under this Privacy Policy you have following rights:
- Right of access;
- Right to rectification of inaccurate or incomplete data;
- Right to data portability;
- Right to be forgotten and data retention;
- Right to restrict processing and to withdraw consent;
- Right to object processing;
- Right to lodge a complaints;
- Right not to be subject to automated decision-making.
6.2.1. Right of access
You have the right to be informed of and request access to the personal data we process about you that you provided directly to us by sending an email to our support at contact@oberig.jewelry.
6.2.2. Right to rectification of inaccurate or incomplete data
You have the right to ask us to correct inaccurate or incomplete personal data that you have provided directly to us by contacting our support at contact@oberig.jewelry.
6.2.3. Right to data portability
You have the right to request a copy of your personal data in electronic format and the right to transmit that personal data for use in another party’s service (where technically feasible).
6.2.4. Right to be forgotten
You the right to request that we delete your personal data if it is no longer necessary for us to hold the data for purposes of your use of Oberig.
6.2.5. Right to restrict processing
You have the the right to request that we temporarily or permanently stop processing all or some of your personal data
6.2.6. Right to object processing
You have the right to, at any time, to object to us processing your personal data on grounds relating to your particular situation. You have the right to object to your personal data being processed for direct marketing purposes;
6.2.7. Right to lodge a complaints
You have the right to lodge complaints about the data processing activities carried out by us before the competent data protection authorities.
6.2.8. Right not to be subject to automated decision-making
You have a right to not be subject to a decision based solely on automated decision making, including profiling, where the decision would have a legal effect on you or produce a similarly significant effect.
7. How do we retain and secure data?
In this section we will tell you how we store, retain and secure data.
7.1. Data Retention
We retain your personal data on the protected server which is located within European Economic Area. We will not transfer your personal data outside of the EEA.
We generally retain your personal data for as long as is necessary for the provision of our service to you and us and to comply with our legal obligations. If you request, we will delete or anonymise your personal data so that it no longer identifies you, unless, we are legally allowed or required to maintain certain personal data, including situations such as the following:
- Where we are required to retain the personal data for our legal, tax, audit, and accounting obligations, we will retain the necessary personal data for the period required by applicable law;
- Where necessary for our legitimate business interests such as fraud prevention or to maintain the security of our users.
7.2. Data Security
We may employ procedural and technological measures that are generally consistent with industry practice. Such measures are reasonably designed to help protect your personal data from loss, unauthorized access, disclosure, alteration or destruction. Oberig may use encryption, secure socket layer and password protection to help prevent unauthorized access to your personal data.
Moreover, we are actively monitoring and enforcing the data protection standards during all of our activities, namely:
- Limitation of the rendered access to data only to those employees who need it for providing services to the user;
- Signature of non-disclosure agreements by employees;
- Signature by partners and external companies invited for the fulfillment of particular functions of non-disclosure agreements and agreements concerning non-usage of such data for any unauthorized purposes;
- Storing of the personal data obtained from the user in encrypted form, at protected servers secured from unauthorized access.
The security of your data is important to us. Nevertheless, we cannot guarantee absolute protection of your personal data. If you have a reason to believe that your interaction with us is no longer secure, please immediately notify us by contacting us in writing at contact@oberig.jewelry.
8. How do we update privacy policy?
Oberig may need to update this Privacy Policy from time to time. If so, Oberig will post our updated Privacy Policy in our Site, along with notice that the Privacy Policy has been changed so you are always aware of what personal data we may collect and how we may use such data. Oberig encourages you to review this Privacy Policy regularly for any changes. Your continued use of this Site and/or continued provision of personal data to us will be subject to the terms of the then-current Privacy Policy.
9. Contact us
Thank you for reading our Privacy Policy. If you have any questions about this Policy, please contact us by:
Emailing us at: contact@oberig.jewelry.
Writing to: Oberig LLC, Zankovetskoi str 3/1, Kyiv 01001, Ukraine
Last update: 28/09/18