The policy
of processing personal data of an individual entrepreneur Malakhova N.A.
1. Principal provisions
1.1.
The policy of processing personal data
of an individual entrepreneur Malakhova N.A. (further Entrepreneur) defines the main goals, methods, conditions
and principles of processing personal data of subjects and processed personal
data, the functions of the Entrepreneur in the processing of personal data, the
rights of subjects of personal data, as well as the implemented requirements for
the protection of personal data.
1.2. The personal data processing policy complies
with the requirements of the Constitution of the Russian Federation,
legislative and other regulatory acts of the Russian Federation, in particular:
- The Labor Code of the Russian Federation;
- Federal Law No. 152-ФЗ “On Personal Data” dated July 27, 2006;
- Decree of the President of the Russian Federation No. 188 “On approval
of the List of Confidential Information” dated March 6, 1997;
- Decree of the Government of the Russian Federation No. 687 “On
approval of the Regulation on the peculiarities of the processing of personal
data carried out without the use of automation” dated September 15, 2008;
- Decree of the Government of the Russian Federation No. 512 “On
approval of requirements for tangible media of biometric personal data and
technologies for storing such data outside personal data information systems”
dated July 6, 2008;
- Decree of the Government of the Russian Federation No. 1119 “On
approval of the requirements for the protection of personal data during their
processing in personal data information systems” dated 01.11.2012;
- other regulatory legal acts of the Russian Federation and regulatory
documents of authorized bodies of governmental authorities.
1.3. Any local regulatory documents of the Entrepreneur containing
issues of processing personal data of personal data subjects are developed on
the basis of this Personal Data Processing Policy.
1.4. Terms and
definitions used in the Policy of processing personal data:
- Personal data - any information relating, directly or indirectly, to a
specific or determined individual (personal data subject).
- Information – data (messages, details) regardless of the form of their
provision.
- Operator - a state body, municipal body, legal entity or individual,
independently or jointly with other persons organizing and (or) processing
personal data, as well as determining the purposes of processing personal data,
the composition of personal data to be processed, actions (operations) committed
with 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 (updating, modification), retrieval, use, transfer
(distribution, provision, access), depersonalization, blocking, deletion,
destruction of personal data.
- Automated processing of personal data - processing of personal data
with a computer technology.
- Provision of personal data - actions aimed at the disclosure of
personal data to a specific person or a certain circle of persons.
- Dissemination of
personal data - actions aimed at disclosing personal data to an indefinite
circle of persons.
- Cross-border transfer of personal data - the transfer of personal data
to the territory of a foreign state to a foreign government authority, a
foreign individual or a foreign legal entity.
- Blocking of personal data - temporary termination of the processing of
personal data (except in cases where processing is necessary to clarify
personal data).
- 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.
- Anonymization of personal data - actions that make it impossible
without the use of additional information to determine the ownership of
personal data to a specific subject of personal data.
- Information system of personal data - a set of personal data contained
in databases and ensuring their processing of information technologies and
technical means.
1.5. Personal data
processed by the Entrepreneur:
1.5.1. In the framework of
the present Policy of processing personal data, personal data refers to
information that the buyer, or counterparty, or distributor, or other person
who registers, or purchases goods or services from the Entrepreneur without
registration, on the shikstore.ru website, provides about itself when
registering (creating an account), or without registration, on the Site or in
the process of using the Site. Personal data that is mandatory for provision is
requested by the Site when registering or using the Site without registration.
Other information is provided by the buyer, or counterparty, or distributor, or
other person at his discretion.
1.5.2. The Entrepreneur does
not verify the accuracy of personal data provided by the buyer, or
counterparty, or distributor and other person, however, it is assumed that this
person provides reliable and sufficient personal data.
1.5.3. Providing personal
data, the buyer or counterparty, or distributor, or other person confirms that
this information was provided to them voluntarily, consciously, of their own
free will and in their interests.
2. Principles, goals and conditions
of processing of personal data:
2.1. The Entrepreneur, being the operator of personal data, carries out
the processing of personal data of the personal data subjects - individuals who
are clients of the Entrepreneur, partners of the Entrepreneur, counterparties
of the Entrepreneur, distributors of the Entrepreneur and other persons
entering into legal relations with the Entrepreneur.
2.2. Processing of personal data is carried out by the Entrepreneur
taking into account the need to ensure the protection of the rights and
freedoms of personal data subjects, including the protection of the right to
privacy, personal and family secrets, based on the following principles:
- the processing of personal data is carried out by the Entrepreneur on
a legal and fair basis;
- the processing of personal data is limited to the achievement of
specific, predetermined and legitimate goals;
- personal data processing that is incompatible with the purposes of
collecting personal data is not allowed;
- it is not allowed to combine databases containing personal data, the
processing of which is carried out for purposes incompatible with each other;
- only personal data that are consistent with the purposes of their
processing are subject to processing;
- the content and volume of the processed personal data corresponds to
the declared processing goals. The redundancy of the processed personal data in
relation to the stated purposes of their processing is not allowed;
- when processing personal data, the accuracy of personal data is
ensured, its adequacy, and, if necessary, its relevance to the purposes of
processing personal data.
- storage of personal data is carried out in a form that allows to
determine the personal data subject, no longer than that is required by the
purpose of processing personal data, unless the storage period of personal data
is established by federal law, an agreement to which the beneficiary or
guarantor is the personal data subject;
- processed personal data is destroyed or depersonalized when the
processing goals are achieved or if the need to achieve these goals is lost,
unless otherwise provided by federal law.
2.3. Personal data is processed by the Entrepreneur in order to:
- ensure compliance with the Constitution of the Russian Federation,
legislative and other regulatory legal acts of the Russian Federation, local
regulatory acts of the Entrepreneur;
- implement the functions, powers and duties assigned by the legislation
of the Russian Federation to the Entrepreneur, including the provision of
personal data to state authorities;
- prepare, conclude, execute and terminate the contracts with
contractors;
- fulfill the rights and legitimate interests of the Entrepreneur, in
the framework of the activities provided by the Charter and other local
regulatory acts of the Entrepreneur, or of third parties, or achieve socially
significant goals;
- other legal purposes.
2.4. The list of personal data processed by the Entrepreneur is
determined in accordance with the legislation of the Russian Federation and the
local regulatory acts of the Entrepreneur, taking into account the purposes of
processing personal data specified in the current Policy of processing personal
data.
2.5. The processing of special categories of personal data regarding
race, nationality, political views, religious or philosophical beliefs,
intimate life is not carried out by the Entrepreneur.
2.6. When processing personal data, the Entrepreneur:
- takes measures necessary and sufficient to ensure compliance with the
requirements of the legislation of the Russian Federation and local regulatory
acts of the Entrepreneur in the field of personal data;
- takes legal, organizational and technical measures to protect personal
data from unlawful or accidental access to it, destruction, modification,
blocking, copying, provision, distribution of personal data, as well as from
other illegal actions in relation to personal data;
- appoints the person responsible for organizing the processing of
personal data of the Entrepreneur;
- carries out familiarization of the employees of the Entrepreneur
directly processing personal data with the provisions of the legislation of the
Russian Federation and the local regulatory acts of the Entrepreneur in the
field of personal data, including the requirements for the protection of
personal data, and the training of these employees;
- publishes on the Website or otherwise provides unlimited access to the
current Policy for the processing of personal data;
- informs, in the established manner, personal data subjects or their
representatives about the availability of personal data related to the relevant
personal data subjects, provides an opportunity to familiarize themselves with
these personal data when applying and (or) receiving requests from the said
personal data subjects or their representatives, if otherwise is not
established by the legislation of the Russian Federation;
- stops processing and destroys personal data in cases stipulated by the
legislation of the Russian Federation in the field of personal data;
- performs other actions stipulated by the legislation of the Russian
Federation in the field of personal data.
2.7. Processing of personal data is carried out by the Entrepreneur with
the consent of the personal data subject to the processing of his personal
data, unless otherwise provided by the legislation of the Russian Federation in
the field of personal data.
2.8. The Entrepreneur, without the consent of the personal data subject,
does not disclose to third parties and does not disseminate personal data,
unless otherwise provided by the legislation of the Russian Federation.
2.9. The Entrepreneur may use the personal data of the subject of
personal data for the following purposes:
2.9.1. Communication with the subject of personal data, including the
method of sending notifications, requests and information regarding the work
with the Site, the provision of services, the sale of goods, to the subject of
personal data, as well as for the processing of requests and requests from the
subject of personal data;
2.9.2. Informing the subject of personal data on the activities of the
Entrepreneur, including goods, products and services provided by the
Entrepreneur;
2.9.3. Conducting statistical and other studies based on anonymized
data;
2.9.4. Improving the quality of the Site, ease of use, development of
new projects;
2.10. Filling out the appropriate form on the Site means the unconditional
consent of the personal data subject with the terms of the current Policy of
processing
personal data.
2.11. The Entrepreneur stores the personal data of the buyer, or
counterparty, or distributor, or other person who is the personal data subject,
in compliance with the requirements of the legislation of the Russian
Federation and ensures their proper safety. The Entrepreneur takes the
necessary and sufficient organizational and technical measures to protect
personal data from unlawful or accidental access, destruction, alteration,
blocking, copying, distribution, as well as from other illegal actions of third
parties with it.
2.12. With regard to personal data, confidentiality is maintained, except
for cases when the personal data subject voluntarily provides information about
himself for general access to an unlimited number of people.
2.13. Personal data, according to the Federal Law of the Russian
Federation "On Personal Data" dated July 27, 2006 N 152-ФЗ, is
processed by the Entrepreneur only in connection with the conclusion and
execution of contracts to which the personal data subject is a party.
2.14.
The Entrepreneur has the right to entrust the processing of personal data to
another person, with the consent of the personal data subject, on the basis of
an agreement concluded with this person. The contract should contain a list of
actions (operations) with personal data that will be performed by the person
processing the personal data, the purpose of processing, the obligation of such
a person to maintain the confidentiality of personal data and ensure the
security of personal data during their processing, as well as the requirements
for the protection of processed personal data in accordance with Article 19 of
the Federal Law "On Personal Data".
3. Processing of personal data
3.1. The Entrepreneur collects, records, systematizes, accumulates,
stores, clarifies (updates, changes), extracts, uses, transfers (distribution,
provision, access), depersonalization, blocking, deletion and destruction of
personal data.
3.2. Methods of processing personal data by the Entrepreneur:
- manual processing of personal data;
- automated processing of personal data with the transfer of information
received through information and telecommunication networks or without it;
- mixed processing of personal data.
3.3. Personal data subjects have the right to:
- get full information about their personal data processed by the
Entrepreneur;
- get access to their personal data, including the right to receive a
copy of any record containing their personal data, with the exception of cases
provided for by the legislation of the Russian Federation;
- clarify their personal data, block or destruct them in case personal
data is incomplete, outdated, inaccurate, illegally obtained or is not
necessary for the stated purpose of processing;
- withdraw the consent to the processing of personal data;
- take measures prescribed by law to protect their rights;
- exercise other rights provided for by the legislation of the Russian
Federation.
3.4. Measures necessary and sufficient to ensure the fulfillment by the
Entrepreneur of the operator’s obligations stipulated by the legislation of the
Russian Federation in the field of personal data include:
- appointment of a person responsible for organizing the processing of personal
data;
- adoption of local regulations and other documents in the field of
processing and protection of personal data;
- the organization of training for employees of the Entrepreneur, who
occupy positions during the replacement of which personal data is processed;
- obtaining the consent of the personal data subjects on the processing
of their personal data, with the exception of cases provided for by the
legislation of the Russian Federation;
- the separation of personal data processed without the use of
automation from other information, in particular by fixing them on separate
material storage media for personal data, in special sections;
- ensuring separate storage of personal data and their material
carriers, the processing of which is carried out for different purposes and
which contain different categories of personal data;
- a ban on the transfer of personal data through open communication
channels, computer networks of the Internet without applying the measures
established by the Entrepreneur to ensure the security of personal data (with
the exception of generally available and (or) anonymized personal data);
- storage of material carriers of personal data in compliance with the
conditions ensuring the safety of personal data and excluding unauthorized
access to them;
- implementation of internal control of the conformity of the processing
of personal data to the Federal Law “On Personal Data”;
- other measures provided for by the legislation of the Russian
Federation in the field of personal data.
3.5. For each category of personal data subjects, the goals of
processing their personal data are defined:
3.5.1. The processing of personal data of representatives of legal
entities and individual entrepreneurs - contractors, distributors and partners
is carried out in order to interact with customers - legal entities and
individual entrepreneurs on logistics issues, payments, contract execution, to
send letters about the existence of overdue debts and other legally significant
messages, implementation E-mail newsletters, training in various fields, as
well as the exchange of necessary information.
3.5.2. The processing of personal data of individuals with whom the
Entrepreneur concludes civil law contracts is carried out in order to ensure
compliance with the requirements of civil, pension, insurance, tax laws and
other requirements of the current legislation of the Russian Federation in
connection with the emergence, amendment and termination of civil law
relations, including monitoring the quality and quantity of services rendered /
work performed, goods sold, ensuring the safety of the Entrepreneur’s property.
3.5.3. Processing of personal data of customers - consumers
(individuals), including Buyers of products of the Entrepreneur and visitors to
the Site are made for the following purposes:
- Fulfillment of the obligations of the Entrepreneur in the framework of
the concluded agreements (including the provision of services, placing orders,
sale and delivery of goods);
- Providing additional information about the Entrepreneur (including
information on activities, sold goods / services) through SMS messages, emails,
phone calls;
- receiving feedback regarding the goods / services of the Entrepreneur
(including through SMS messages, emails, phone calls) and subsequent analysis
of the data received;
- study and analysis of the market (including by monitoring the actions
on the Site, in the mobile application used by the Entrepreneur);
- carrying out events (including events of an advertising nature);
- analysis of preferences regarding the goods of the Entrepreneur, the
services offered by the Entrepreneur (including by monitoring the actions on
the Site, in the mobile application used by the Entrepreneur);
- administration of the user account on the Site, in the mobile
application used by the Entrepreneur;
- sending advertising and newsletters (including in relation to goods /
services sold by the Entrepreneur, the activities of the Entrepreneur) by
e-mail, via SMS, phone calls and other means of communication confirmed with
the subject of personal data.
3.6. Cross-border transfer of personal data:
3.6.1. The entrepreneur is obliged to make sure that the foreign state
into whose territory it is supposed to transfer personal data provides adequate
protection of the rights of the personal data subjects before such a transfer
begins.
3.6.2. Cross-border transfer of personal data on the territory of
foreign states that do not provide adequate protection of the rights of
subjects of personal data may be carried out in the following cases:
- the written consent of the personal data subject to the cross-border
transfer of his personal data;
- execution of an agreement to which the subject of personal data is a
party;
- provided for by international treaties of the Russian Federation;
- in other cases stipulated by the legislation of the Russian
Federation.
3.7. The Entrepreneur has the right to amend the current Personal Data
Processing Policy. When making changes in the current edition, the date of the
last update is indicated. The new version of the Personal Data Processing
Policy comes into force from the moment it is posted, unless otherwise provided
by the new version of the Personal Data Processing Policy. The current edition
is constantly available on the page at: https://shikstore.ru/policy-personal-data/
3.8. Entities whose
personal data are processed by the Entrepreneur can contact on issues of
interest, as well as for the exercise of their rights by e-mail: sales@shikstore.ru.