Privacy Policy

1. General terms and conditions

1.1. https://www.cmgeorgia.ge/ (hereinafter - “Website”) represents an online platform of “Constraction Machinery Georgia” LLC (Identification Number: 406338011 ; legal/factual address: Beliashvili Street #142, Tbilisi; e-mail address: [email protected]; contact phone number: +995 591 40 85 55 hereinafter - “Company”), through which the “User” is provided with the possibility to search and view the goods, services and news posted by the “Company”.

1.2 These Terms and Conditions (hereinafter referred to as “Terms and Conditions”) regulate the relationship between the owner of the website - “Constraction Machinery Georgia” and the user/client.

1.3 The “Company” carries out its relations with the “Client” on the basis of the Law of Georgia “On Electronic Commerce”, the Law of Georgia “On Protection of Personal Data” and the Law of Georgia “On Protection of Consumer Rights” and fully shares the culture of behavior based on respect for the “Client”. In addition, the “Company” completely prohibits any kind of discrimination in relations with consumers.

2 Definition of terms

Terms used in these Terms and Conditions shall have the meanings set forth below, unless the context clearly indicates otherwise:

“Website” -https://www.cmgeorgia.ge/– “Constraction Machinery Georgia” website through which the Client is able to view and receive information about the services and products offered by the company;

“Website Owner/”Company“/”Trader” – “Constraction Machinery Georgia” (Identification Number: 406338011; Legal address: Georgia,Tbilisi, Beliashvili Street #142);

“Data Subject” - a natural person whose data is processed by “Constraction Machinery Georgia” LLC;

Personal Data - any information relating to an identified or identifiable natural person. A natural person is identifiable if he or she can be directly or indirectly identified, among other things, by name, surname, identification number, geolocation data, identifiable electronic communication data, physical, physiological, mental, psychological, genetic, economic, cultural or social characteristics;

Data Processing - any action performed on data, including collecting, searching, accessing, photographing, video monitoring and/or audio monitoring, organizing, grouping, interconnecting, storing, altering, recovering, requesting, using, blocking, deleting or destroying, as well as disclosing data by transmission, publicizing, disseminating or otherwise making available;

Direct Marketing - the direct and immediate provision of information to a data subject by telephone, mail, email or other electronic means for the purpose of generating and maintaining interest in a natural and/or legal person, product, idea, service, work and/or initiative, as well as image and social issues, for sales and/or endorsement purposes;

“Remote Contract”/“Electronic Contract” - a contract entered into between the “Client” and the “Trader” by means of remote communication, which does not require the physical presence of the “Trader” and the “Client”, and to which these terms and conditions are fully applicable.

“Platform” - the platform operated by the “Company”.

3. Terms and Conditions of Use of the “Website”.

3.1 The User has the opportunity to use the “Website” without registering on it, in particular, to view the goods placed on the “Website”, their characteristics, to get acquainted with news about the “Company” and, in case of interest, to voluntarily provide the “Company” with his/her personal data in order to contact him/her and obtain additional information.

3.2 To obtain additional information, the “Client” indicates the following information on the “Website”:

- Name, surname of the contact person;

- Phone number of the contact person;

- Trade name, identification number of the company represented by the contact person

(if the contact person is a legal entity);

4. “Client's” statements and warranties

4.1 By agreeing to the “Terms and Conditions”, the “Client” confirms that:

(a) in the case of an individual entrepreneur, a person who has reached the age of 18, has full (unlimited) legal capacity, is not under the influence of drugs, alcohol, psychotropic or toxic substances, is not under the influence of delusion, deception, pressure, threats or any illegal influence and is not a victim of violence, threats, deception, misrepresentation or other prohibited actions on the part of the object or any third party, is fully aware of the content of his/her will, the essence of the provisions of the terms and conditions and the 

the legal consequences arising therefrom;

b) he/she is fully authorized (or will be authorized) to perform his/her obligations under these “Terms and Conditions” or other contracts and statements;

c) he/she has read the terms and conditions and is satisfied with them;

d) all information provided by him/her is accurate;

e) he/she is not engaged or involved in any illegal activities (including money laundering, arms trafficking, terrorism or other illegal activities) under the laws of any jurisdiction (which includes the laws of Georgia and the laws of the country of which the “Client” is a citizen);

f) his/her actions are not/will not be aimed at deceiving the “Company”/Trader”. Subject to the above principle, the document and/or information submitted by him to the “Company” for the conclusion of the contract or on its basis and execution is/will be error-free, accurate and complete at the time of its submission. The “Client” shall immediately notify the “Company” in writing of any circumstance(s) that may contradict his/her statements and/or result in a breach of said guarantees;

g) he/she shall fulfill in good faith, fully and accurately the obligations assumed in accordance with the “Terms and Conditions”;

h) he/she consents to the processing by the company of any information, including personal information, indicated by or related to the “Client”, for the purpose of effective service delivery.

I) breach of these statements, warranties and undertakings shall be sufficient grounds for the “Company” to unilaterally refuse to provide all or any of the services contemplated by the contract and terms and conditions.

5. Rights and obligations of the parties

5.1 The “Company” shall have the right to:

5.1.1 To unilaterally amend these “Terms and Conditions” at any time and to post updated “Terms and Conditions” on the “Website”. Further use of the “Website” by the “Client” will be considered as consent to the changes and amendments.

5.1.2. terminate the “Client's” access to the “Website” at any time due to a technical problem, error, inaccuracy, illegal actions of an authorized party or for any other reason that may harm the “Website” or the “Company” itself;

5.1.3. monitor all activities of the “Client” on the “Website” and in case of any violation, at its discretion, take appropriate measures, including blocking the “Client” and restricting the right to re-register to a person with the same data.

5.2 The “Client” undertakes to:

5.2.1 provide real, complete, accurate and only available data about himself at the moment of registration in the “system”. In case of violation of the obligation stipulated in the mentioned subsection, he shall answer to the “Company”/Trader” or third parties.

5.3 The “Client” has the right to:

5.3.1. update the data registered on the “Website” at any time.

6 Processing/protection of personal data

6.1 “Company” provides processing and protection of personal data of the “Client” (when the “Client” is a natural person, individual entrepreneur) within its competence and on the basis of the current legislation.

6.2 The “Company/Trader” processes the “Client's” personal data for the following purposes:

- In case of the “Client's” consent, sending various offers to the “Client” for marketing purposes;

- Providing the “Client” with additional information about the product he/she is interested in.

6.3 The basis for processing personal data are:

- The consent of the data subject;

- Fulfillment by the company of the obligations established by the Georgian legislation.

6.4 By registering on the “Website”, the authorized representative of the “Client”, as the subject of personal data, declares his/her consent and allows the “Company” to store and process the data indicated by the “Client” during registration.

6.5 The data subject has the right to request the person responsible for the processing to confirm whether data about him/her is being processed, whether the processing is justified, and to obtain the following information free of charge in accordance with the request:

(a) on the data that is processed and the basis and purpose of the processing of the data;

b) on the source of collection/obtaining of the data;

c) on the period (time) of data retention and, if it is not possible to determine a specific period, the criteria for determining the period;

d) on the rights of the data subject under this Article;

e) on the legal basis and purposes of the data transfer, as well as the relevant data protection safeguards if the data is transferred to another state or international organization;

f) on the identity of the data recipient or categories of data recipients, including information on the basis and purposes of the data transfer, if the data is transferred to a third party;

g) on automated processing, including the decision made as a result of profiling and the logic used to make such a decision, as well as its impact on the data processing and the expected/predicted result of the processing.

6.6 The data subject has the right to receive said information no later than 10 working days after his or her request. In special cases and with proper justification, this period may be extended by no more than 10 working days, of which the data subject will be notified immediately.

6.7 The data subject has the right to get acquainted with the person responsible for the processing of personal data concerning him/her and to receive copies of such data free of charge, except for the cases when for familiarization with the data and/or providing copies of the data:

(a) The fee is prescribed by Georgian law;

b) a reasonable fee is established by the person responsible for the processing due to the resources expended and/or the frequency of requests for their release in a form other than data storage.

6.8 The data subject has the right to inspect the said data and/or receive copies thereof no later than 10 working days after the request. In special cases and with proper justification, this period may be extended for no more than 10 working days, of which the data subject will be notified immediately.

6.9 The data subject has the right to request that the person responsible for the processing corrects, updates and/or supplements erroneous, inaccurate and/or incomplete data concerning him/her. No later than 10 working days after the data subject has submitted such a request, the data shall be corrected, updated and/or completed, or the data subject shall be informed of the grounds for refusing the request and the procedure for appealing against the refusal shall be explained.

6.10 If the person responsible for processing, independently of the data subject, becomes aware that the data held by the data subject is false, inaccurate and/or incomplete, the data will be corrected, updated and/or completed within a reasonable time and the data subject will be notified within 10 working days of the correction of the data.

6.11 The data subject has the right to request the person responsible for the processing to cease, delete or destroy the data processing (including profiling). No later than 10 working days after receipt of such a request, the data processing will be stopped and/or the data will be deleted or destroyed, or the data subject will be notified of the reason for refusing the request and the procedure for appealing against the refusal will be explained.

6.12 The person responsible for the processing shall have the right to refuse to comply with a request under clause 6.11 if:

(a) there are grounds provided for in the data processing legislation;

b) the data is processed for the purpose of justifying a legal request or objection;

c) the data processing is necessary for the exercise of the right to freedom of expression or information;

d) the data is processed for the purpose of archiving in the public interest as provided for by law, for scientific or historical research or statistical purposes, and the exercise of the right to terminate, delete or destroy the data processing would make it impossible or significantly impair the achievement of the purposes of the processing.

6.13 The data subject has the right to be informed of the termination, delete or destruction of the data processing as soon as the relevant action has been taken, but no later than 10 working days.

6.14 The data subject has the right to request the person responsible for the processing to block the data if one of the following circumstances exists:

(a) the data subject disputes the truthfulness or accuracy of the data;

b) the processing of the data is unlawful, although the data subject objects to the delete of the data and requests the blocking of the data;

c) the data is no longer necessary for the purpose of the processing, although the data subject needs it for the purpose of filing a complaint/claim;

(d) The data subject requests that the processing of the data be discontinued, deleted or destroyed and this request is being considered;

e) there is a need to retain the data for use as evidence.

6.15 The person responsible for the processing/person authorized to process the data must stop processing the data for direct marketing purposes within a reasonable period of time after receiving the data subject's request to do so, but no later than 7 working days. To ensure this obligation, the person responsible for processing/person authorized to process is obliged to exchange information on the withdrawal of consent by the data subject.

7. Cookie policy

7.1 Cookies and their use

7.1.1 Cookies - the same as cookies - are small text files that help a website to function smoothly and efficiently. They are stored on the “Client's” device and can be deleted at will.

7.2 Types of cookies:

10.2.1 Necessary cookies are needed for basic website functionality, page navigation and secure use.

7.2.2 The main purpose of functional cookies is to remember certain choices made by the “Client” on the site so that he does not have to make those choices again each time he visits.

7.2.3 Analytical cookies collect information about the “Website” and the “Client's” behavior. Depending on which part and segment of the “Website” the “Client” interacts with.

7.3 Deleting cookies - Cookies are deleted from the web browser settings on the “Client's” device. After deleting cookies, the “Website” will again ask for consent to the Cookie Policy and Terms of Use.

8. Final Terms

8.1 These “Terms and Conditions” are posted on the “Website” and are binding on all “Clients/Users” who are already registered on the “Website” from the moment of publication. The “Company” has the right to unilaterally amend this document at any time, unilaterally, by publication on the same “Website”, without further consent of the “Client”. After making the aforementioned changes, the continued use of the “Website” and the services offered by the said platform will be considered as consent to the changes on the part of the “Client”.

8.2 The legislation of Georgia shall apply to the relations provided by these terms and conditions. If any clause or part of these terms and conditions is canceled, invalidated or terminated for any reason, the said clause or part thereof shall become invalid, which shall not affect the validity of the remaining clauses of these “Terms and Conditions”;

8.3 Any disagreements that may arise between the parties shall be resolved through negotiations, otherwise the parties will apply to the Tbilisi City Court.

8.4 The “Client” has the right to submit a claim to the “Company/Trader” both verbally and in writing. The oral claim can be submitted by calling the hotline of the “Company/Trader”, and in case of a written claim the “Client” has the right to contact the “Company/Trader” at the legal address or by sending a message to the e-mail address.

8.5 The “Company” will consider the claim registered by the “Client” within 30 (thirty) days from the receipt of the notice and will notify the “Client” of the results of consideration of the registered claim using the same form of communication.