Personal Data Processing Policy

1. General Provisions

This personal data processing policy has been developed in accordance with the requirements of the Law “On Personal Data” (hereinafter – the Personal Data Law) and defines the procedure for processing personal data and measures to ensure the security of personal data. Pin Up Kz (hereinafter referred to as the Operator).
1.1. The Operator sets as its most important goal and condition for carrying out its activities the observance of human and civil rights and freedoms when processing personal data, including the protection of the right to privacy, personal and family secrets.
1.2. This Operator’s policy regarding the processing of personal data (hereinafter – the Policy) applies to all information that the Operator may receive about visitors to the website https://pin-up.kz.

2. Basic concepts used in the Policy

2.1. Automated processing of personal data – processing of personal data using computer technology.
2.2. Blocking of personal data – temporary cessation of processing of personal data (except in cases where processing is necessary to clarify personal data).
2.3. Website – a set of graphic and informational materials, as well as computer programs and databases, ensuring their accessibility on the Internet at the network address https://pin-up.kz.
2.4. Personal data information system — a set of personal data contained in databases, and information technologies and technical means ensuring their processing.
2.5. Depersonalization of personal data — actions as a result of which it is impossible to determine without using additional information the ownership of personal data to a specific User or other personal data subject.
2.6. Processing of personal data – any action (operation) or set of actions (operations) performed using automation means or without using such means with personal data, including collection, recording, systematization, accumulation, storage, clarification (updating, modification), extraction, use, transfer (distribution, provision, access), depersonalization, blocking, deletion, destruction of personal data.
2.7. Operator – a 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 determining the purposes of personal data processing, the composition of personal data to be processed, actions (operations) performed with personal data.
2.8. Personal data – any information relating to a directly or indirectly identified or identifiable User of the website https://pin-up.kz.
2.9. Personal data permitted by the personal data subject for distribution – personal data to which access by an unlimited number of persons is provided by the personal data subject by giving consent to the processing of personal data permitted by the personal data subject for distribution in the manner provided for by the Personal Data Law (hereinafter – personal data permitted for distribution).
2.10. User – any visitor to the website https://pin-up.kz.
2.11. Provision of personal data – actions aimed at disclosing personal data to a specific person or a specific circle of persons.
2.12. Distribution of personal data – any actions aimed at disclosing personal data to an indefinite circle of persons (transfer of personal data) or at familiarizing an unlimited number of persons with personal data, including publication of personal data in mass media, placement in information and telecommunication networks or providing access to personal data in any other way.
2.13. 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.
2.14. Destruction of personal data – any actions as a result of which personal data is destroyed irrevocably with the impossibility of further restoration of 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.

3. Basic rights and obligations of the Operator

3.1. The Operator has the right to:
– receive reliable information and/or documents containing personal data from the personal data subject;
– in case of withdrawal by the personal data subject of consent to the processing of personal data, as well as sending an appeal with a demand to stop processing personal data, the Operator has the right to continue processing personal data without the consent of the personal data subject if there are grounds specified in the Personal Data Law and their protection;
– independently determine the composition and list of measures necessary and sufficient to ensure the fulfillment of obligations provided for by the Personal Data Law and their protection and regulatory legal acts adopted in accordance with it, unless otherwise provided by the Personal Data Law and their protection or other laws of the Republic of Kazakhstan.
3.2. The Operator is obliged to:
– provide the personal data subject, upon his request, with information regarding the processing of his personal data;
– organize the processing of personal data in the manner established by current legislation;
– respond to appeals and requests from personal data subjects and their legal representatives in accordance with the requirements of the Personal Data Law and their protection;
– report to the authorized body for the protection of personal data subjects’ rights, upon request of this body, the necessary information within 10 days from the moment of receiving such a request;
– publish or otherwise ensure unlimited access to this Policy regarding the processing of personal data;
– take legal, organizational and technical measures to protect personal data from unlawful or accidental access to them, destruction, modification, blocking, copying, provision, distribution of personal data, as well as from other unlawful actions regarding personal data;
– cease transfer (distribution, provision, access) of personal data, cease processing and destroy personal data in the manner and cases provided for by the Personal Data Law;
– fulfill other obligations provided for by the Personal Data Law.

4. Basic rights and obligations of personal data subjects

4.1. Personal data subjects have the right to:
– receive information regarding the processing of his personal data, except in cases provided for by federal laws. Information is provided to the personal data subject by the Operator in an accessible form, and it should not contain personal data relating to other personal data subjects, except in cases where there are legal grounds for disclosing such personal data. The list of information and the procedure for obtaining it is established by the Law “On Personal Data and their Protection”;
– demand from the operator clarification of his personal data, their blocking or destruction in case the personal data is incomplete, outdated, inaccurate, illegally obtained or is not necessary for the stated purpose of processing, as well as take measures provided by law to protect their rights;
– put forward the condition of prior consent when processing personal data for the purpose of promoting goods, works and services on the market;
– withdraw consent to the processing of personal data, as well as send a demand to stop processing personal data;
– appeal to the authorized body for the protection of personal data subjects’ rights or to court against unlawful actions or inaction of the Operator when processing his personal data;
– exercise other rights provided for by legislation.
4.2. Personal data subjects are obliged to:
– provide the Operator with reliable data about themselves;
– inform the Operator about clarification (updating, modification) of their personal data.
4.3. Persons who have concealed or provided knowingly false information about themselves or information about another personal data subject without his consent bear responsibility in accordance with legislation.

5. Principles of personal data processing

5.1. Processing of personal data is carried out on a legal and fair basis.
5.2. Processing of personal data is limited to achieving specific, predetermined and legal purposes. Processing of personal data incompatible with the purposes of personal data collection is not allowed.
5.3. Combining databases containing personal data, the processing of which is carried out for purposes incompatible with each other, is not allowed.
5.4. Only personal data that meets the purposes of their processing is subject to processing.
5.5. The content and volume of processed personal data correspond to the stated purposes of processing. The processed personal data should not be excessive in relation to the stated purposes of their processing.
5.6. When processing personal data, the accuracy of personal data, their sufficiency, and when necessary, relevance in relation to the purposes of personal data processing is ensured. The Operator takes necessary measures and/or ensures their adoption to remove or clarify incomplete or inaccurate data.
5.7. Storage of personal data is carried out in a form that allows determining the personal data subject, no longer than required by the purposes of personal data processing, unless the storage period for personal data is established by federal law, contract, to which the personal data subject is a party, beneficiary or guarantor. Processed personal data is destroyed or depersonalized upon achieving the processing purposes or in case of loss of necessity to achieve these purposes, unless otherwise provided by federal law.

6. Purposes of personal data processing

7. Conditions for processing personal data

7.1. Processing of personal data is carried out with the consent of the personal data subject to the processing of his personal data.
7.2. Processing of personal data is necessary to achieve the purposes provided for by an international treaty of the Republic of Kazakhstan or law, to exercise the functions, powers and obligations imposed by the legislation of the Republic of Kazakhstan on the operator.
7.3. Processing of personal data is necessary for the administration of justice, execution of a judicial act, act of another body or official, subject to execution in accordance with the legislation of the Republic of Kazakhstan on enforcement proceedings.
7.4. Processing of personal data is necessary for the performance of a contract to which the personal data subject is a party, beneficiary or guarantor, as well as for concluding a contract on the initiative of the personal data subject or a contract under which the personal data subject will be a beneficiary or guarantor.
7.5. Processing of personal data is necessary for the exercise of the rights and legitimate interests of the operator or third parties or to achieve socially significant purposes, provided that the rights and freedoms of the personal data subject are not violated.
7.6. Processing of personal data is carried out, access to which by an unlimited number of persons is provided by the personal data subject or at his request (hereinafter – publicly available personal data).
7.7. Processing of personal data subject to publication or mandatory disclosure in accordance with federal law is carried out.

8. Procedure for collection, storage, transfer and other types of processing of personal data

The security of personal data processed by the Operator is ensured through the implementation of legal, organizational and technical measures necessary for the full implementation of the requirements of current legislation in the field of personal data protection.
8.1. The Operator ensures the safety of personal data and takes all possible measures excluding access to personal data by unauthorized persons.
8.2. User’s personal data will never, under any circumstances, be transferred to third parties, except in cases related to the implementation of current legislation or in case the personal data subject has given consent to the Operator to transfer data to a third party for the fulfillment of obligations under a civil law contract.
8.3. In case of detecting inaccuracies in personal data, the User can update them independently by sending the Operator a notification to the Operator’s email address [email protected] with the note “Personal data update”.
8.4. The period of personal data processing is determined by achieving the purposes for which personal data was collected, unless another period is provided for by contract or current legislation.
The User can at any time withdraw his consent to the processing of personal data by sending the Operator a notification via email to the Operator’s email address [email protected] with the note “Withdrawal of consent to personal data processing”.
8.5. All information collected by third-party services, including payment systems, means of communication and other service providers, is stored and processed by the specified persons (Operators) in accordance with their User Agreement and Privacy Policy. The personal data subject and/or with the specified documents. The Operator is not responsible for the actions of third parties, including the service providers specified in this paragraph.
8.6. Prohibitions established by the personal data subject on transfer (except for providing access), as well as on processing or conditions of processing (except for obtaining access) of personal data permitted for distribution, do not apply in cases of processing personal data in state, public and other public interests determined by legislation.
8.7. The Operator ensures confidentiality of personal data when processing personal data.
8.8. The Operator stores personal data in a form that allows determining the personal data subject, no longer than required by the purposes of personal data processing, unless the storage period for personal data is established by federal law, contract to which the personal data subject is a party, beneficiary or guarantor.
8.9. The condition for terminating the processing of personal data may be achieving the purposes of personal data processing, expiration of the consent of the personal data subject, withdrawal of consent by the personal data subject or a demand to stop processing personal data, as well as identification of unlawful processing of personal data.

9. List of actions performed by the Operator with the received personal data

9.1. The Operator performs collection, recording, systematization, accumulation, storage, clarification (updating, modification), extraction, use, transfer (distribution, provision, access), depersonalization, blocking, deletion and destruction of personal data.
9.2. The Operator carries out automated processing of personal data with receiving and/or transmitting the received information via information and telecommunication networks or without such.

10. Cross-border transfer of personal data

10.1. The Operator, before starting activities on cross-border transfer of personal data, is obliged to notify the authorized body for the protection of personal data subjects’ rights of its intention to carry out cross-border transfer of personal data (such notification is sent separately from the notification of intention to carry out personal data processing).
10.2. Before submitting the above notification, the operator is obliged to obtain from foreign state authorities, foreign individuals, foreign legal entities to whom cross-border transfer of personal data is planned, relevant information.

11. 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 personal data subject, unless otherwise provided by federal law.

12. Final provisions

12.1. The User can receive any clarifications on questions of interest regarding the processing of his personal data by contacting the Operator via email [email protected].
12.2. This document will reflect any changes to the Operator’s personal data processing policy. The Policy is valid indefinitely until replaced by a new version.
12.3. The current version of the Policy is freely available on the Internet at https://pin-up.kz/ru/personal-data and https://pin-up.kz/ru/terms-and-conditions.