COMPANY POLICY FOR PERSONAL DATA PROCESSING

1. GENERAL PROVISIONS

The policy of processing personal data (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 in “makeaudit.com” (hereinafter referred to as the “Operator”) in order to protect the rights and freedoms of a person and citizen in the processing of his personal data, including protection of privacy rights, personal and family secrets.

The following basic concepts are used in the Policy:

Automated processing of personal data – processing of personal data by means of computer facilities

blocking of personal data – temporary termination of the processing of personal data (unless processing is necessary for clarifying personal data);

personal data information system – the aggregate of personal data contained in databases, and providing them with information technology and technical means;

depersonalization of personal data – actions that result in the identification of personal data belonging to a specific personal data subject without using additional information;
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), extract, use, transfer (distribution, provision, access), depersonalization, blocking, deletion, destruction of personal data;
operator — state body, municipal body, legal entity or individual, independently or jointly with other persons organizing and (or) carrying out the processing of personal data, as well as defining the purposes of processing personal data, the composition of personal data subject to processing, actions (operations) performed with personal data;
Personal Information — any information relating to a directly or indirectly defined or determined individual (subject of personal data);
provision of personal data — actions aimed at disclosing personal data to a specific person or a certain circle of persons;
distribution of personal data – actions aimed at the disclosure of personal data to an indeterminate circle of persons (transfer of personal data) or for acquaintance with personal data of an unlimited number of persons, including promulgation of personal data in the mass media, placement in information and telecommunication networks or granting 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 the authority of a foreign state, to a foreign physical or 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 information system of personal data and (or) the result of which material data carriers of personal data are destroyed.

The Company is obliged to publish or otherwise provide unlimited access to this Privacy Policy in accordance with Part 2 of Art. 18.1. FZ-152.

 

2. PRINCIPLES AND TERMS OF PERSONAL DATA PROCESSING
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:

— legality and fair basis;

— restrictions on the processing of personal data by the achievement of specific, pre-defined and legitimate purposes;

— preventing the processing of personal data incompatible with the purposes of collecting personal data;

— prevention of combining databases containing personal data, processing of which is carried out for purposes incompatible with each other;

— processing only those personal data that meet the objectives of their processing;

— the content and volume of processed personal data are consistent with the stated processing objectives;

— Preventing the processing of personal data that is redundant in relation to the stated purposes of processing them;

— ensuring the accuracy, adequacy and relevance of personal data in relation to the purposes of processing personal data;

— destruction or depersonalization of personal data upon the achievement of the purposes of their processing or in the event of a loss of the need to achieve these goals, if the Operator can not eliminate the admitted violations of personal data, unless otherwise provided by federal law.

2.2. Terms of personal data processing

The operator performs processing of 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 subject of personal data to the processing of his personal data;
— processing of personal data is necessary to achieve the goals stipulated by the international treaty of the Russian Federation or the law for the implementation and performance of functions, powers and duties imposed by the legislation of the Russian Federation on the operator;
— the processing of personal data is necessary for the administration of justice, the enforcement of a judicial act, an act of another body or official subject to enforcement in accordance with the law of the Russian Federation on enforcement proceedings;

— the processing of personal data is necessary for the performance of a contract to which the subject of personal data is either a beneficiary or a guarantor or a contractor on the initiative of a personal data subject or a contract whereby the personal data subject will be the 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 purposes, provided that the rights and freedoms of the personal data subject are not thereby violated;
— processing of personal data, access of an unlimited circle of persons to which is provided 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.

2.3. Confidentiality of personal data

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

2.4. Publicly accessible sources of personal data

In order to provide information, the Operator can create public sources of personal data of subjects, including directories and address books. In the public 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, e-mail address and other personal data reported by the subject of personal data.
Information on the subject must be deleted at any time from the publicly available sources of personal data at the request of the entity or by a court or other authorized government agency.

2.5. Special categories of personal data

 

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

— the subject of personal data has consented in writing to the processing of his personal data;

— personal data is made publicly available by the personal 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 pensions for state pensions, 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 others and obtaining the consent of the personal data subject is impossible;

— the processing of personal data is carried out for medical and preventive purposes, with a view to establishing a medical diagnosis, the provision of medical and medical and 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 keep medical secrecy;

— the processing of personal data is necessary for establishing or exercising the rights of the subject of personal data or third parties, as well as in connection with the administration of justice;

— processing of personal data is carried out in accordance with the legislation on compulsory types of insurance, with insurance legislation.

Processing of special categories of personal data must be immediately terminated if the reasons for their processing have been eliminated, unless otherwise provided by federal law.

The processing of personal data on the criminal record can be carried out by the Operator only 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 establish his identity – biometric personal data – may be processed by the Operator only if there is consent in writing to the subject.

2.7. Order 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. A person carrying out the processing of 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 FZ-152.

2.8. Cross-border transfer of personal data

The operator must ensure that the foreign state in whose territory it is intended to transfer personal data ensures adequate protection of the rights of the subjects of personal data, prior to the commencement of such transfer.

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 cases:

— the consent in writing of the subject of personal data to the transboundary transfer of his personal data;

— execution of a contract to which the subject of personal data is a party.

3. RIGHTS OF THE PERSONAL DATA SUBJECT

3.1. Consent of the subject of personal data to the processing of his personal data

The subject of personal data decides to provide his personal data and agrees to their processing freely, his 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.

Obligation to provide evidence of the consent of the subject of personal data to the processing of his personal data or evidence of the grounds specified in FZ-152 is vested in the Operator.

3.2. Rights of the subject of personal data

The subject of personal data has the right to receive information from the Operator concerning the processing of his personal data, if such right is not restricted in accordance with federal laws. The data subject has the right to require the Operator to verify his personal data, blocking or destroying it in case personal data are incomplete, outdated, inaccurate, illegally obtained or not necessary for the stated purpose of processing, and also take measures provided by law to protect their rights.

Processing of personal data in order to promote goods, works, services on the market by making direct contacts with potential consumers by means of communication means, as well as for political agitation is allowed only with the prior consent of the subject of personal data. The said processing of personal data is recognized as being carried out without the prior consent of the personal data subject, unless the Company proves that such consent was received.

The operator must immediately stop, at the request of the personal data subject, the processing of his personal data for the above purposes.
It is prohibited to make decisions based solely on the automated processing of personal data that generate legal consequences with respect to a personal data subject or otherwise affect his rights and legitimate interests, with the exception of cases provided for by federal laws or with the written consent of a personal data subject.

If the personal data subject considers that the Operator carries out the processing of his personal data violating the requirements of FZ-152 or otherwise violates his rights and freedoms, the subject of personal data has the right to appeal against the actions or inaction of the Operator to the Authorized body for the protection of the rights of subjects of personal data or in court.

The subject of personal data has the right to protect their rights and legitimate interests, including compensation for damages and (or) compensation for moral harm in the courts.

4. SECURITY OF PERSONAL DATA

The security of personal data processed by the Operator is provided by the implementation of legal, organizational and technical measures necessary to ensure the requirements of federal legislation in the field of personal data protection.

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

— appointment of officials responsible for organizing the processing and protection of personal data;

— restriction of the composition of persons having access to personal data;

— familiarization of subjects with the requirements of the federal legislation and regulatory documents of the Operator for the processing and protection of personal data;

— organization of accounting, storage and circulation of media;
— the definition of threats to the security of personal data during processing, the formation of threat models on their basis;

— the development on the basis of the threat model of the personal data protection system;
— checking the readiness and effectiveness of using information security tools;

— differentiation of users’ access to information resources and software and hardware information processing;

— registration and recording of the actions of users of personal information systems;

— use of anti-virus tools and means of restoring the protection of personal data;

— application of firewall, intrusion detection, security analysis and cryptographic protection means in necessary cases;

— the organization of an access regime to the territory of the Operator, the 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.

Operator officials who are 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.