COMPANY POLICY ON PERSONAL DATA PROCESSING

1. GENERAL PROVISIONS

The Policy on Personal Data Processing (hereinafter - the Policy) is developed in accordance with the Federal Law of 27.07.2006. No. 152-FZ "On Personal Data" (hereinafter - FZ-152).

This Policy defines the procedure for processing personal data and measures to ensure the security of personal data at IE Gendik R. A. (hereinafter - the Operator) in order to protect the rights and freedoms of individuals and citizens when processing their personal data, including the protection of rights to privacy, personal and family secrets.

The following key terms are used in the Policy:

automated processing of personal data – processing of personal data using computer technology;
blocking of personal data - temporary cessation of personal data processing (except when processing is necessary to clarify personal data);
personal data information system - a set of personal data contained in databases, and the information technologies and technical means ensuring their processing;
anonymization of personal data - actions as a result of which it is impossible to determine, without the use of additional information, the ownership of personal data by a specific data subject;
processing of personal data - any action (operation) or set of actions (operations) performed with or without the use of automation tools with personal data, including collection, recording, systematization, accumulation, storage, clarification (updating, changing), extraction, use, transfer (distribution, provision, access), anonymization, blocking, deletion, destruction of personal data;
operator - a state body, municipal body, legal or natural person, independently or jointly with other persons organizing and (or) carrying out the processing of personal data, as well as determining the purposes of personal data processing, the composition of personal data to be processed, 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 number of persons (transfer of personal data) or at familiarizing an unlimited number of persons with personal data, including the publication of personal data in the media, placement in 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, foreign individual, or foreign legal entity.
destruction of personal data - actions as a result of which it is impossible to restore the content of personal data in the personal data information system and (or) as a result of which the physical carriers of personal data are destroyed;

The Company is obliged to publish or otherwise provide unrestricted access to this Policy on Personal Data Processing in accordance with Part 2 of Art. 18.1. of FZ-152.

2. PRINCIPLES AND CONDITIONS FOR PROCESSING PERSONAL DATA

2.1 Principles of personal data processing

The processing of personal data at the Operator is carried out on the basis of the following principles:

legality and a fair basis;
limiting the processing of personal data to the achievement of specific, predetermined, and legitimate purposes;
preventing the processing of personal data that is incompatible with the purposes of collecting personal data;
preventing the consolidation of databases containing personal data, the processing of which is carried out for incompatible purposes;
processing only those personal data that meet the purposes of their processing;
ensuring that the content and volume of the processed personal data correspond to the stated processing purposes;
preventing the processing of personal data that is excessive in relation to the stated purposes of their processing;
ensuring the accuracy, sufficiency, and relevance of personal data in relation to the purposes of personal data processing;
destruction or anonymization of personal data upon reaching the purposes of their processing or in case of loss of the need to achieve these purposes, if it is impossible for the Operator to eliminate the committed violations of personal data, unless otherwise provided by federal law.

2.2 Conditions for processing personal data

The Operator processes personal data if at least one of the following conditions is met:

the processing of personal data is carried out with the consent of the data subject to the processing of their personal data;
the processing of personal data is necessary for the achievement of purposes provided for by an international treaty of the Russian Federation or by law, for the exercise and fulfillment of the functions, powers, and duties imposed on the operator by the legislation of the Russian Federation;
the processing of personal data 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;
the processing of personal data is necessary for the performance of a contract to which the data subject is a party or a beneficiary or guarantor, 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 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 data subject are not violated;
the processing of personal data is carried out, access to which is provided by the data subject to an unlimited number of persons or at their request (hereinafter - publicly available personal data);
the processing of personal data is carried out, which is subject to publication or mandatory disclosure in accordance with federal law.

2.3 Confidentiality of personal data

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

2.4 Publicly available sources of personal data

For the purpose of information support, the Operator may create publicly available sources of personal data of subjects, including directories and address books. With the written consent of the subject, his surname, name, patronymic, date and place of birth, position, contact phone numbers, email address, and other personal data provided by the data subject may be included in publicly available sources 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 decision of a court or other authorized state bodies.

2.5 Special categories of personal data

The processing by the Operator of special categories of personal data concerning race, nationality, political views, religious or philosophical beliefs, health status, intimate life, is permitted in cases where:

the data subject has given written consent to the processing of their personal data;
the personal data is 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 Russian Federation on state pension provision pensions, 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 purpose of establishing a medical diagnosis, providing medical and medico-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 Russian Federation to maintain medical confidentiality;
the processing of personal data is necessary to establish or exercise the rights of the data subject or third parties, as well as in connection with the administration of justice;
the processing of personal data is carried out in accordance with the legislation on compulsory types of insurance, with insurance legislation.

The processing of special categories of personal data 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 may be carried out by the Operator exclusively 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 their identity can be established - biometric personal data - can be processed by the Operator only with the written consent of the subject.

2.7 Entrusting the processing of 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 data subject, unless otherwise provided by federal law, on the basis of a contract concluded with this person. The person processing personal data on behalf of the Operator is obliged to comply with the principles and rules for processing personal data provided for by FZ-152.

2.8 Cross-border transfer of personal data

The Operator is obliged to ensure that the foreign state to whose territory the transfer of personal data is intended to be carried out provides adequate protection of the rights of data subjects before such transfer begins.

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 of:

the written consent of the data subject to the cross-border transfer of their personal data;
the performance of a contract to which the data subject is a party.

3. RIGHTS OF THE PERSONAL DATA SUBJECT

3.1 Consent of the data subject to the processing of their personal data

The data subject decides to provide their personal data and consents to their processing freely, of their own will, and in their own interest. Consent to the processing of personal data may be given by the data subject or their representative in any form that allows confirming the fact of its receipt, unless otherwise established by federal law.

The obligation to provide proof of obtaining the consent of the data subject to the processing of their personal data or proof of the existence of the grounds specified in FZ-152 rests with the Operator.

3.2 Rights of the data subject

The data subject has the right to receive information from the Operator regarding the processing of their personal data, if such a right is not restricted in accordance with federal laws. The data subject has the right to demand from the Operator the clarification of their personal data, their blocking or destruction if the personal data are incomplete, outdated, inaccurate, illegally obtained, or are not necessary for the stated purpose of processing, as well as to take measures provided by law to protect their rights.

The processing of personal data for the purpose of promoting goods, works, services on the market by means of direct contact with a potential consumer using communication means, as well as for political agitation, is allowed only with the prior consent of the data subject. The said processing of personal data is considered to be carried out without the prior consent of the data subject if the Company does not prove that such consent was obtained.

The Operator is obliged to immediately stop processing the personal data of the data subject for the above purposes upon their request.

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

If the data subject believes that the Operator is processing their personal data in violation of the requirements of FZ-152 or otherwise violates their rights and freedoms, the 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 data subjects or in court.

The data subject has the right to protect their rights and legitimate interests, including compensation for losses and (or) compensation for moral damage 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 organizing the processing and protection of personal data;
restriction of the list of persons who have access to personal data;
familiarization of subjects with the requirements of federal legislation and regulatory documents of the Operator on the processing and protection of personal data;
organization of accounting, storage, and circulation of information carriers;
identification of threats to the security of personal data during their processing, formation of threat models based on them;
development of a personal data protection system based on the threat model;
checking the readiness and effectiveness of the use of information protection means;
delineation of user access to information resources and software and hardware for 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;
application, where necessary, of firewalls, intrusion detection, security analysis, and cryptographic information protection means;
organization of an access control regime to the Operator's territory, protection of premises with technical means for 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 norms governing the processing and protection of personal data are subject to material, disciplinary, administrative, civil, or criminal liability in the manner established by federal laws.