POLICY OF TOO "SIKE KAZ"
REGARDING THE PROCESSING OF PERSONAL DATA
1. GENERAL PROVISIONS
The Policy on the processing of personal data (hereinafter referred to as the Policy) was developed in accordance with the Law of the Republic of Kazakhstan dated May 21, 2013 No. 94-V "On Personal Data and Their Protection" (hereinafter referred to as the Law).
This Policy establishes the procedure for the processing of personal data and measures to ensure the security of personal data in TOO "SIKE KAZ" (hereinafter referred to as the Operator) for the purpose of protecting the rights and freedoms of individuals and citizens when processing their personal data, including the protection of rights to the inviolability of private life, personal and family secrets.
The Policy uses the following key concepts:
- automated processing of personal data – processing of personal data using computing equipment;
- blocking of personal data – temporary cessation of the 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 ensuring their processing;
- de-identification of personal data – actions as a result of which it is impossible to determine without using additional information the attribution of personal data to a specific data subject;
- 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 (updating, modification), extraction, use, transmission (dissemination, provision, access), de-identification, blocking, deletion, destruction of personal data;
- operator – a state body, municipal body, legal or natural person that independently or jointly with other persons organizes and (or) carries out the processing of personal data, and also determines the purposes of processing personal data, the composition of personal data subject to processing, actions (operations) performed with personal data;
- personal data – any information relating to a directly or indirectly identified or identifiable natural person (data subject); provision of personal data – actions aimed at disclosing personal data to a specific person or a specific group of persons;
- dissemination of personal data – actions aimed at disclosing personal data to an indefinite group of persons (transmission of personal data) or familiarizing an unlimited group of persons with personal data, including publication of personal data in the media, placement in information and telecommunications networks or provision of 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 an authority of a foreign state, a foreign individual or a foreign legal entity;
- destruction of personal data – actions as a result of which it is impossible to restore the contents of personal data in the personal data information system and (or) as a result of which material carriers of personal data are destroyed.
2. PRINCIPLES AND CONDITIONS FOR THE PROCESSING OF PERSONAL DATA
2.1 Principles of processing personal data
The processing of personal data by the Operator is carried out on the basis of the following principles:
lawfulness and fair basis;
limitation of the processing of personal data to the achievement of specific, predetermined and lawful purposes;
prevention of processing of personal data incompatible with the purposes of collection of personal data;
prevention of consolidation of databases containing personal data, the processing of which is carried out for mutually incompatible purposes;
processing only those personal data that correspond to the purposes of their processing;
correspondence of the content and scope of processed personal data;
to the declared purposes of processing;
prevention of processing of personal data that is excessive in relation to the declared purposes of their processing;
ensuring the accuracy, sufficiency and relevance of personal data in relation to the purposes of processing personal data;
destruction or de-identification of personal data upon achievement of the purposes of their processing or in the event of loss of the need to achieve these purposes, unless the Operator is able to eliminate the violations of personal data permitted, if otherwise not provided by law.
2.2 Conditions for the processing of personal data
The Operator shall process personal data in the presence of at least one of the following conditions:
the processing of personal data is carried out with the consent of the data subject to the processing of his personal data;
the processing of personal data is necessary to achieve the purposes provided for by an international treaty of the Republic of Kazakhstan or by law, for the implementation and fulfillment of the functions, powers and obligations imposed on the operator by the legislation of the Republic of Kazakhstan;
the processing of personal data is necessary for the administration of justice, the execution of a court order, an order of another body or an official, subject to execution in accordance with the legislation of the Republic of Kazakhstan on enforcement proceedings;
the processing of personal data is necessary for the performance of a contract, one of the parties to which, or a beneficiary or guarantor of which is the data subject, as well as for the conclusion of a contract at the initiative of the data subject or a contract under which the data subject will be a beneficiary or guarantor;
the processing of personal data is necessary for the implementation of the rights and legitimate interests of the operator or third parties, or for the achievement of socially significant purposes, provided that this does not violate the rights and freedoms of the data subject;
the processing of personal data is carried out, access to which is provided by an unlimited group of persons by the data subject or at his request (hereinafter referred to as publicly available personal data);
the processing of personal data is carried out that is subject to publication or mandatory disclosure in accordance with the law.
2.3 Confidentiality of personal data
The Operator and other persons who have received access to personal data are obliged not to disclose to third parties and not to disseminate personal data without the consent of the data subject, unless otherwise provided by law.
2.4 Publicly available sources of personal data
For the purposes of information provision, the Operator may create publicly available sources of personal data of subjects, including directories and address books. In publicly available sources of personal data, with the written consent of the subject, his last name, first name, patronymic, date and place of birth, position, contact telephone numbers, email address and other personal data communicated by the data subject may be included.
Information about the subject must be excluded from publicly available sources of personal data at any time upon the request of the subject or by a decision of a court or other authorized state bodies.
2.5 Special categories of personal data
Processing by the Operator of special categories of personal data concerning racial, national affiliation, political views, religious or philosophical beliefs, state of health, intimate life is permitted in cases where:
the data subject has given written consent to the processing of his personal data;
personal data has been made publicly available by the data subject;
the processing of personal data is carried out in accordance with the legislation on state social assistance, labor legislation, the legislation of the Republic of Kazakhstan on state pension provision, on labor pensions;
the processing of personal data is necessary to protect the life, health or other vital interests of the data subject or the life, health or other vital interests of other persons and obtaining the consent of the data subject is impossible;
the processing of personal data is carried out for medical and preventive purposes, for the purposes of establishing a medical diagnosis, provision of medical and medical-social services, provided that the processing of personal data is carried out by a person professionally engaged in medical activities and obliged in accordance with the legislation of the Republic of Kazakhstan to maintain medical confidentiality;
the processing of personal data is necessary for the establishment or exercise of the rights of the data subject or third parties, or in connection with the exercise of justice;
the processing of personal data is carried out in accordance with legislation on mandatory types of insurance, with insurance legislation.
The processing of special categories of personal data must be immediately ceased if the reasons for which their processing was carried out are eliminated, unless otherwise established by law.
Processing of personal data on criminal convictions may be carried out by the Operator only in the cases and in the manner determined in accordance with the laws.
2.6 Biometric personal data
Information characterizing the physiological and biological characteristics of a person, on the basis of which his identity can be established – biometric personal data – may be processed by the Operator only with the written consent of the subject.
2.7 Entrustment of personal data processing to another person
The Operator has the right to entrust the processing of personal data to another person with the consent of the data subject, unless otherwise provided by law, on the basis of a contract concluded with such person. A person carrying out the processing of personal data on behalf of the Operator is obliged to comply with the principles and rules for processing personal data provided for by law.
2.8 Cross-border transfer of personal data
The Operator is obliged to ensure that the foreign state to whose territory the transmission of personal data is intended provides adequate protection of the rights of data subjects before the commencement of such transfer.
Cross-border transfer of personal data to the territories of foreign states that do not provide adequate protection of the rights of data subjects may be carried out in cases:
the presence of written consent of the data subject to the cross-border transfer of his personal data;
performance of a contract, one of the parties to which is the data subject.
3. RIGHTS OF THE DATA SUBJECT
3.1 Consent of the data subject to the processing of his personal data
The data subject makes a decision on the provision of his personal data and gives consent to their processing freely, of his own volition and in his own interest. Consent to the processing of personal data may be given by the data subject or his representative in any form that allows confirming the fact of its receipt, unless otherwise established by law.
The obligation to provide evidence of receipt of the consent of the data subject to the processing of his personal data or evidence of the presence of the grounds specified in the Law rests on the Operator.
3.2 Rights of the data subject
The data subject has the right to obtain information from the Operator regarding the processing of his personal data, unless such right is limited in accordance with the laws. The data subject has the right to require from the Operator the clarification of his personal data, their blocking or destruction in the event that personal data is incomplete, outdated, inaccurate, obtained unlawfully or is not necessary for the stated purpose of processing, as well as to take measures provided for by law to protect his rights.
Processing of personal data for the purpose of promoting goods, works, services on the market by direct contact with a potential consumer using means of communication, as well as for the purpose of political agitation is permitted only on condition of prior consent of the data subject. Such processing of personal data is recognized as being carried out without prior consent of the data subject if the Company does not prove that such consent was obtained.
The Operator is obliged to immediately cease the processing of his personal data at the request of the data subject for the above purposes.
It is prohibited to make decisions on the basis of exclusively automated processing of personal data that have legal consequences for the data subject or otherwise affect his rights and legitimate interests, except in cases provided for by law, or in the presence of written consent of the data subject.
If the data subject believes that the Operator is processing his personal data in violation of the requirements of the Law or otherwise violates his rights and freedoms, the data subject has the right to challenge the actions or inaction of the Operator to the Authorized Body for the Protection of Rights of Data Subjects or in court.
The data subject has the right to protect his rights and legitimate interests, including the right to 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 ensure the requirements of the 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 processing and protection of personal data;
limiting the composition of persons having access to personal data;
familiarization of subjects with the requirements of the legislation and regulatory documents of the Operator on 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 of threat models on their basis;
development on the basis of threat models of a personal data protection system;
verification of readiness and effectiveness of the use of information security tools;
differentiation of user access to information resources and software and hardware means of information processing;
registration and accounting of user actions in personal data information systems;
use of antivirus tools and means of restoration of the personal data protection system;
application where necessary of firewalls, intrusion detection, security analysis and cryptographic information protection tools;
organization of 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 Republic of Kazakhstan in the field of personal data.
Officials of the Operator guilty of violation of the norms regulating the processing and protection of personal data are subject to material, disciplinary, administrative, civil or criminal liability in the manner established by law.
6. ORGANIZATIONAL DETAILS
Limited Liability Partnership "SIKE KAZ"
TOO "SIKE KAZ"
Republic of Kazakhstan, 010000, Astana, Beibitshilik Street, Building 36, Apartment 19
BIN 140140001702
Email info@sike-simulators.com
Director Mikhail Aleksandrovich Shestov