1. GENERAL PROVISIONS
Personal Data Processing Policy (hereinafter referred to as the Policy) has been developed in accordance with Federal Law No. 152-FZ of 27.07.2006 "On Personal Data" (hereinafter referred to as Federal Law No. 152-FZ).
This Policy defines the procedure for processing personal data and measures to ensure the security of personal data in Sinan Invest LLC (hereinafter referred to as the Operator) with the aim of protecting the rights and freedoms of a person and a citizen when processing their personal data, including protecting the rights to privacy, personal and family secrets.
The Policy uses the following basic concepts:
Automated processing of personal data – processing of personal data using computer technology;
blocking of personal data - temporary cessation of processing of personal data (except in cases where processing is necessary to clarify personal data);
personal data information system - a set of personal data contained in databases, and information technologies and technical means that ensure their processing;
Depersonalization of personal data - actions that make it impossible to determine without the use of additional information the belonging of personal data to a specific subject of personal data;
processing of personal data - any action (operation) or set of actions (operations) performed using automation tools or without using such tools with personal data, including collection, recording, systematization, accumulation, storage, clarification (update, change), extraction, use, transfer (dissemination, provision, access), depersonalization, blocking, deletion, destruction of personal data;
operator
Personal data - any information relating directly or indirectly to a specific or identifiable individual (subject of personal data);
provision of personal data – actions aimed at disclosing personal data to a specific person or a specific circle of persons;
dissemination of personal data - actions aimed at disclosing personal data to an indefinite circle of persons (transfer of personal data) or at familiarizing an unlimited circle of persons with personal data, including the publication of personal data in the mass media, posting on information and telecommunication networks or providing access to personal data in any other way;
Cross-border transfer of personal data - transfer of personal data to the territory of a foreign state to a foreign state authority, a foreign individual or a foreign legal entity.
Destruction of personal data - actions that make it impossible to restore the content of personal data in the personal data information system and (or) as a result of which material carriers of personal data are destroyed;
The Company is obliged to publish or otherwise ensure unrestricted access to this Personal Data Processing Policy in accordance with Part 2 of Article 18.1 of Federal Law No. 152-FZ.
2. PRINCIPLES AND CONDITIONS FOR PROCESSING PERSONAL DATA
2.1 Principles of personal data processing
Processing of personal data by the Operator is carried out on the basis of the following principles:
- legality and fair basis;
- restrictions on the processing of personal data by achieving specific, predetermined and legitimate goals;
- prohibiting the processing of personal data that is incompatible with the purposes of collecting personal data;
- Prevention of consolidation of databases containing personal data, the processing of which is carried out for purposes that are incompatible with each other;
- processing only those personal data that meet the purposes of their processing;
- correspondence of the content and volume of processed personal data to the stated purposes of processing;
- not allowing the processing of personal data that is redundant in relation to the stated purposes of their processing;
- ensuring the accuracy, sufficiency and relevance of personal data in relation to the purposes of processing personal data;
- destruction or depersonalization of personal data upon achievement of the purposes of their processing or in case of loss of necessity in achieving these purposes, if it is impossible for the Operator to eliminate violations of personal data, unless otherwise provided by federal law.
2.2 Conditions for the processing of personal data
The Operator processes personal data if at least one of the following conditions is met:
- Personal data processing is carried out with the consent of the personal data subject to the processing of their personal data;
- processing of personal data is necessary to achieve the goals stipulated by the international treaty of the Russian Federation or law, for the implementation and fulfillment of the functions, powers and duties assigned to the operator by the legislation of the Russian Federation;
- processing of personal data is necessary for the administration of justice, execution of a court decision, an act of another body or official, subject to execution in accordance with the legislation of the Russian Federation on enforcement proceedings;
- Processing of personal data is necessary for the execution of a contract, the party of which or the beneficiary or guarantor under which is the subject of personal data, as well as for the conclusion of a contract on the initiative of the subject of personal data or a contract under which the subject of personal data will be the beneficiary or guarantor;
- processing of personal data is necessary to exercise the rights and legitimate interests of the operator or third parties, or to achieve socially significant goals, provided that the rights and freedoms of the subject of personal data are not violated;
- processing of personal data is carried out, access to which is provided to an unlimited circle of persons by the subject of personal data or at his request (hereinafter - publicly available personal data);
- processing of personal data subject to publication or mandatory disclosure in accordance with federal law is carried out.
2.3 Confidentiality of personal data
The Operator and other persons who have access to personal data are obliged not to disclose to third parties and not to distribute personal data without the consent of the subject of personal data, unless otherwise provided by federal law.
2.4 Publicly available sources of personal data
For the purposes of information support, the Operator may create publicly available sources of personal data of subjects, including directories and address books. Publicly available sources of personal data, with the written consent of the subject, may include his surname, name, patronymic, date and place of birth, position, contact phone numbers, email address and other personal data reported by the subject of personal data.
Information about the subject must be excluded from publicly available sources of personal data at any time at the request of the subject or by a court decision or other authorized state bodies.
2.5 Special categories of personal data
Processing by the Operator of special categories of personal data relating to racial, national affiliation, political views, religious or philosophical beliefs, state of health, intimate life, is allowed in cases where:
- the subject of personal data has given written consent to the processing of their personal data;
- personal data made publicly available by the subject of personal data;
- 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 pensions for state pension provision, on labor pensions;
- Processing of personal data is necessary to protect the life, health or other vital interests of the subject of personal data or the life, health or other vital interests of other persons and obtaining the consent of the subject of personal data is impossible;
- processing of personal data is carried out for medical and preventive purposes, for the purpose of establishing a medical diagnosis, providing medical and social services, provided that the processing of personal data is carried out by a person professionally engaged in medical activities and is required to maintain medical confidentiality in accordance with the legislation of the Russian Federation;
- The processing of personal data is necessary to establish or exercise the rights of the subject of personal data or third parties, as well as in connection with the administration of justice;
- Personal data processing is carried out in accordance with the legislation on mandatory types of insurance, with insurance legislation.
Processing of special categories of personal data must be terminated immediately if the reasons for which it was carried out are eliminated, unless otherwise provided by federal law.
Processing of personal data on convictions can be carried out by the Operator solely in cases and in the manner 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 identify his personality - biometric personal data - can be processed by the Operator only with the written consent of the subject.
2.7 Instruction for processing personal data to another person
The Operator has the right to entrust the processing of personal data to another person with the consent of the personal data subject, unless otherwise provided by federal law, on the basis of a contract concluded with that person. The person processing personal data on behalf of the Operator is obliged to comply with the principles and rules for the processing of personal data provided for by Federal Law-152.
2.8 Cross-border transfer of personal data
The Operator is obliged to ensure that the foreign state to which the personal data is to be transferred provides adequate protection of the rights of subjects of personal data before such transfer is carried out.
Cross-border transfer of personal data to the territory of foreign states that do not provide adequate protection of the rights of subjects of personal data may be carried out in cases:
- presence of written consent of the subject of personal data to the cross-border transfer of his personal data;
- execution of a contract, one of the parties to which is the subject of personal data.
3. RIGHTS OF THE SUBJECT OF PERSONAL DATA
3.1 Consent of the personal data subject to the processing of their personal data
The subject of personal data makes a decision to provide his personal data and gives consent to their processing freely, of his own free will and in his interest. Consent to the processing of personal data may be given by the subject of personal data or his representative in any form that allows to confirm the fact of its receipt, unless otherwise provided by federal law.
The obligation to provide proof of obtaining the consent of the personal data subject to the processing of their personal data or proof of the existence of grounds specified in Federal Law-152 is imposed on the Operator.
3.2 Rights of the data subject
The personal data subject has the right to receive from the Operator information related to the processing of his personal data, if such right is not limited in accordance with federal laws. The personal data subject has the right to demand that the Operator clarify his personal data, block or destroy it if the personal data is incomplete, outdated, inaccurate, illegally obtained or not necessary for the stated purpose of processing, as well as take measures provided by law to protect their rights.
Processing of personal data for the purpose of promoting goods, works, services on the market by making direct contact with a potential consumer by means of communication, as well as for the purposes of political agitation is allowed only with the prior consent of the personal data subject. The specified processing of personal data is considered to be carried out without the prior consent of the personal data subject, if the Company does not prove that such consent was obtained.
The Operator is obliged to immediately cease processing the personal data of the subject at his request for the purposes mentioned above.
It is prohibited to make decisions based solely on automated processing of personal data that have legal consequences in relation to the subject of personal data or otherwise affect their rights and legitimate interests, except as provided by federal laws, or with the written consent of the subject of personal data.
If the personal data subject believes that the Operator is processing his personal data in violation of the requirements of Federal Law-152 or otherwise violates his rights and freedoms, the personal data subject has the right to appeal the actions or inaction of the Operator to the Authorized body for the protection of the rights of personal data subjects or in court.
The data subject has the right to protect their rights and legitimate interests, including compensation for damages and (or) compensation for moral harm in court.
4. ENSURING THE SECURITY OF PERSONAL DATA
The security of personal data 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 personal data protection.
To prevent unauthorized access to personal data, the Operator applies the following organizational and technical measures:
- appointment of officials responsible for the organization of personal data processing and protection;
- limiting the composition of persons having access to personal data;
- familiarizing subjects with the requirements of federal legislation and regulatory documents of the Operator for the processing and protection of personal data;
- organization of accounting, storage, and handling of information carriers;
- determination of threats to the security of personal data during their processing, formation on their basis of threat models;
- development of a personal data protection system based on the threat model;
- checking the readiness and effectiveness of the use of information security tools;
- differentiation of user access to information resources and software-hardware means of information processing;
- registration and accounting of user actions in personal data information systems;
- use of antivirus tools and means of restoring the personal data protection system;
- use, when necessary, of network screening tools, intrusion detection, security analysis, and cryptographic information protection tools;
- organization of the pass regime on the territory of the Operator, protection of premises with technical means of processing personal data.
5. FINAL PROVISIONS
Other rights and obligations of the Operator, as a personal data operator, are determined by the legislation of the Russian Federation in the field of personal data.
Officials of the Operator, guilty of violating the rules governing the processing and protection of personal data, bear material, disciplinary, administrative, civil or criminal liability in the manner established by federal laws.
