POLICY OF THE COMPANY IN RELATION TO PROCESSING PERSONAL DATA

POLICY OF THE COMPANY IN RELATION TO PROCESSING PERSONAL DATA

1. GENERAL PROVISIONS

The operator's policy regarding the processing of personal data (hereinafter referred to as the Policy) was developed in accordance with the Federal Law of July 27, 2006. № 152-ФЗ "On personal data" (hereinafter - ФЗ-152).

This Policy defines the procedure for processing personal data and measures to ensure the security of personal data in "IP Roman Borisovich Avetisyan" (hereinafter referred to as the Operator) in order to protect the rights and freedoms of a person and citizen when processing his personal data, including protecting the rights to privacy , personal and family secrets.

The Policy uses the following basic concepts:

personal data (PD) – any information related directly or indirectly to a specific or identifiable individual (subject of personal data);

personal data information system (PDIS) - a set of personal data contained in databases, and information technologies and technical means that ensure their processing;

automated PD processing – PD processing with the help of computer technology;

blocking of PD - temporary termination of PD processing (except for cases when processing is necessary to clarify the PD);

depersonalization of PD-actions that make it impossible to determine, without the use of additional information, whether the PD belongs to a specific PD subject;

PD processing - any action (operation) or a set of actions (operations) performed with or without the use of automation tools with personal data, including the collection, recording, systematization, accumulation, storage, clarification (update, change), extraction, use, transfer (distribution, provision, access), depersonalization, blocking, deletion, destruction of PD;

operator - a state body, a municipal body, a legal entity or an individual who independently or jointly with other persons organizes and (or) performs the processing of personal data, as well as determines the purposes of processing personal data, the composition of personal data to be processed, actions (operations) performed with personal data;

personal data – any information related directly or indirectly to a specific or identifiable individual (subject of PD).);

providing PD – actions aimed at disclosing PD to a certain person or a certain circle of persons;

dissemination of personal data - actions aimed at disclosing personal data to an indefinite circle of persons (transmission of personal data) or at familiarizing an unlimited number of persons with personal data, including publishing personal data in the mass media, posting it in information and telecommunications networks, or providing access to personal data in any other way;

cross-border transfer of PD - transfer of PD to the territory of a foreign state to the authority of a foreign state, a foreign individual or a foreign legal entity;

destruction of PD - actions, as a result of which it is impossible to restore the content of PD in PDIS and (or) as a result of which the material carriers of PD are destroyed.

The Company is obliged to publish or otherwise provide unrestricted access to this operator's Policy regarding the processing of PD in accordance with Part 2 of Article 18.1. of Federal Law 152.

2. PRINCIPLES AND CONDITIONS OF PD PROCESSING
2.1 Principles of PD processing

The processing of PD by the Operator is carried out on the basis of the following principles:

legality and fair basis;
restrictions on the processing of PD to achieve specific, pre-defined and legitimate goals;
preventing the processing of PD that is incompatible with the purposes of collecting PD;
preventing the integration of databases containing personal data, the processing of which is carried out for purposes that are incompatible with each other;
processing only those PD that meet the purposes of their processing;
compliance of the content and volume of the processed PD with the declared processing purposes;
preventing the processing of PD that is excessive in relation to the stated purposes of their processing;
ensuring the accuracy, sufficiency and relevance of the PD in relation to the purposes of PD processing;
destruction or depersonalization of PD after achieving the goals of their processing or in case of loss of the need to achieve these goals, if it is impossible for the Operator to eliminate the violations of PD, unless otherwise provided by federal law.

2.2 Conditions for processing PD

The operator processes the PD if there is at least one of the following conditions:

the PD is processed with the consent of the PD subject to the processing of their PD;
PD processing is necessary to achieve the goals stipulated by an international treaty of the Russian Federation or a law, to perform and fulfill the functions, powers and duties assigned to the operator by the legislation of the Russian Federation;
the processing of PD is necessary for the administration of justice, the execution of a judicial act, an act of another body or official subject to execution in accordance with the legislation of the Russian Federation on enforcement proceedings;
PD processing is necessary for the execution of a contract to which the PD subject is a party or beneficiary or guarantor, as well as for the conclusion of a contract at the initiative of the PD subject or a contract under which the PD subject will be a beneficiary or guarantor;
The processing of PD is necessary for the exercise of the rights and legitimate interests of the operator or third parties, or for the achievement of socially significant goals, provided that the rights and freedoms of the PD subject are not violated;
the processing of personal data is carried out, the access of an unlimited number of persons to which is provided by the subject of personal data or at his request (hereinafter-publicly available personal data);
Personal data subject to publication or mandatory disclosure in accordance with federal law is processed.

2.3 Confidentiality of PD

The operator and other persons who have obtained access to personal data are obliged not to disclose or distribute personal data to third parties without the consent of the PD subject, unless otherwise provided by federal law.

2.4 Publicly available PD sources

For the purpose of information support, the Operator may create publicly available sources of PD of PD subjects, including reference books and address books. The publicly available sources of PD with the written consent of the subject of PD may include their last name, first name, patronymic, date and place of birth, position, contact phone numbers, email address and other personal data provided by the subject of PD.

Information about the PD subject must be excluded from publicly available PD sources at any time at the request of the PD subject, the authorized body for the protection of the rights of PD subjects, or by a court decision.

2.5 Special categories of PD

The processing by the Operator of special categories of PD related to race, nationality, political views, religious or philosophical beliefs, health status, and intimate life is allowed if:

The subject of the PD has given written consent to the processing of their PD;
personal data is made publicly available by the PD subject;
The processing of personal data is carried out in accordance with the legislation on state social assistance, labor legislation, the legislation of the Russian Federation on state pension provision pensions, and labor pensions;
The processing of PD is necessary to protect the life, health or other vital interests of the PD subject or the life, health or other vital interests of other persons, and obtaining the consent of the PD subject is impossible;
The processing of PD is carried out for medical and preventive purposes, for the purpose of establishing a medical diagnosis, providing medical and medical-social services, provided that the processing of PD is carried out by a person who is professionally engaged in medical activities and is obliged in accordance with the legislation of the Russian Federation to maintain medical secrecy;
The processing of PD is necessary to establish or exercise the rights of the PD subject or third parties, as well as in connection with the administration of justice;
PD processing is carried out in accordance with the legislation on mandatory types of insurance, with the insurance legislation.
Processing of special categories of PD carried out in the cases provided for in paragraph 4 of Article 10 of Federal Law No. 152 must be immediately terminated if the reasons for their processing have been eliminated, unless otherwise established by federal law.
The processing of personal data on criminal records can be carried out by the Operator only in cases and in accordance with the procedure determined in accordance with federal laws.

2.6 Biometric personal data

Information that characterizes the physiological and biological characteristics of a person, on the basis of which it is possible to establish his identity - biometric personal data - can be processed by the Operator only with the written consent of the PD subject.

2.7 Assignment of PD processing to another person

The operator has the right to entrust the processing of PD to another person with the consent of the subject of PD, unless otherwise provided by federal law, on the basis of a contract concluded with this person. A person who processes PD on behalf of the Operator is obliged to comply with the principles and rules for processing PD provided for by Federal Law 152 and this Policy.

2.8. Processing of personal data of citizens of the Russian Federation

In accordance with Article 2 of Federal Law No. 242-FL of July 21, 2014 "On Amendments to Certain Legislative Acts of the Russian Federation in terms of Clarifying the Procedure for Processing PD in Information and Telecommunications Networks" , when collecting PD, including through the Internet information and telecommunications network, the operator is obliged to record, systematize, accumulate, store, clarify (update, change), extract PD of citizens of the Russian Federation using databases located on the territory of the Russian Federation, except for the following cases::

- PD processing is necessary to achieve the goals stipulated by an international treaty of the Russian Federation or a law, to perform and fulfill the functions, powers and duties assigned to the operator by the legislation of the Russian Federation;

- processing of PD is necessary for the administration of justice, the execution of a judicial act, an act of another body or official subject to execution in accordance with the legislation of the Russian Federation on enforcement proceedings (hereinafter-the execution of a judicial act);

- PD processing is necessary for the performance of the powers of federal executive bodies, bodies of state extra-budgetary funds, executive bodies of state power of the subjects of the Russian Federation, local self-government bodies and the functions of organizations involved in the provision of state and municipal services, respectively, provided for by Federal Law No. 210-FL of July 27, 2010 "On the Organization of the Provision of State and Municipal Services», including registration of the PD subject on the unified portal of state and municipal services and (or) regional portals of state and municipal services;

- the processing of PD is necessary for the professional activity of a journalist and (or) the legitimate activity of the mass media or scientific, literary or other creative activity, provided that the rights and legitimate interests of the subject of PD are not violated.

2.9. Cross-border transfer of PD

The operator is obliged to make sure that the foreign state to whose territory the transfer of PD is intended is provided with adequate protection of the rights of the subjects of PD, before the start of such transfer.

Cross-border transfer of PD on the territory of foreign states that do not provide adequate protection of the rights of PD subjects can be carried out in the following cases:

the written consent of the PD subject to the cross-border transfer of their PD;
execution of the contract to which the PD subject is a party.

3. RIGHTS OF THE PD SUBJECT
3.1. Consent of the PD subject to the processing of their PD

The PD subject makes a decision to provide his / her PD and agrees to their processing freely, of his / her own free will and in his / her own interest. Consent to the processing of PD may be given by the PD subject or his representative in any form that allows to confirm the fact of its receipt, unless otherwise established by federal law.

3.2. Rights of the PD subject

A PD subject has the right to receive information from the Operator regarding the processing of their PD, if such a right is not restricted in accordance with federal laws. The PD Subject has the right to require the Operator to clarify their PD, block or destroy them 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 measures provided for by law to protect their rights.

Processing of PD for the purpose of promoting goods, works, and services on the market by making direct contacts with the subject of PD (potential consumer) by means of communication, as well as for the purpose of political agitation, is allowed only with the prior consent of the subject of PD.

The Operator is obliged to immediately stop processing their PD for the above purposes at the request of the PD subject.

It is prohibited to make decisions based solely on automated PD processing that generate legal consequences in relation to the subject of PD or otherwise affect their rights and legitimate interests, except in cases provided for by federal laws, or if there is written consent of the subject of PD.

If the PD subject considers that the Operator processes their PD in violation of the requirements of Federal Law 152 or otherwise violates its rights and freedoms, the PD subject has the right to appeal the actions or omissions of the Operator to the Authorized Body for the Protection of the Rights of PD Subjects or in court.

The subject of PD has the right to protect their rights and legitimate interests, including compensation for damages and (or) compensation for non-pecuniary damage.

4. ENSURING THE SAFETY OF PD

The security of PD processed by the Operator is ensured by the implementation of legal, organizational and technical measures necessary to meet the requirements of federal legislation in the field of PD protection.

To prevent unauthorized access to personal data, the Operator applies the following organizational and technical measures:

appointment of officials responsible for organizing the processing and protection of PD;
restriction of the number of persons allowed to process PD;
familiarization of subjects with the requirements of federal legislation and regulatory documents of the Operator for the processing and protection of PD;
organization of accounting, storage and circulation of media containing information with personal data;
identification of PD security threats during their processing, formation of threat models based on them;
development of a PD protection system based on the threat model;
checking the availability and effectiveness of the use of information security tools;
differentiation of user access to information resources and software and hardware for information processing;
registration and accounting of actions of users of PD information systems;
use of anti-virus tools and personal data protection system recovery tools;
use of means of inter-network shielding, intrusion detection, security analysis, and cryptographic protection of information, if necessary organization of access control to the Operator's territory, protection of premises with technical means of processing personal data.

5. FINAL PROVISIONS

Other rights and obligations of the Operator in connection with the processing of personal data are determined by the legislation of the Russian Federation in the field of personal data.

Employees of the Operator who are guilty of violating the rules governing the processing and protection of personal data bear material, disciplinary, administrative, civil or criminal liability in accordance with the procedure established by federal laws.