Personal Data Processing Policy in RITVERC JSC (English translation)
1. General provisions
1.1. The personal data processing policy (hereinafter — the Policy) is aimed at protection of rights and freedoms of individuals the personal data of which are processed by RITVERC JSC (hereinafter — the Operator).
1.2. The Policy is developed according to Item 2 Part 1 Article 18.1 of the Federal Law No. 152-FZ dated July 27, 2006 “On personal data” (п. 2 ч. 1 ст. 18.1 Федерального закона от 27 июля 2006 г. № 152-ФЗ “О персональных данных”, hereinafter — FZ “On personal data”).
1.3. The Policy contains data subject to disclosure according to Part 1 Article 14 of FZ “On personal data” and is a public document.
2. Data on the Operator
2.1. The Operator shall perform activities at the following address: Kurchatova str., 10, block K, room 2, St. Petersburg, Russia.
2.2. The database of information containing the personal data of the Russian Federation citizens is located at the following address: Kurchatova str., 10, block K, room 2, St. Petersburg, Russia.
3. Information on personal data processing
3.1. The Operator shall process personal data on a legal and equitable basis to carry out functions, rights and liabilities imposed by the legislation, to exercise rights and legal interests of the Operator, the Operator's employees and third persons.
3.2. The Operator shall receive personal data directly from the personal data owners.
3.3. The Operator shall process personal data by automated and non-automated means with or without the use of computer aids.
3.4. Operations on personal data processing include collection, recording, systematization, accumulation, storage, detailing (updating, change), retrieval, use, submission (distribution, representation, access), anonymization, blocking, deleting and destruction.
3.5. The database of information containing the personal data of the Russian Federation citizens is located within the Russian Federation.
4. Employees' personal data processing
4.1. The Operator shall process personal data of the Operator's employees within the frames of legal relationships regulated by the Labour Code of the Russian Federation No. 197-FZ dated December 30, 2001 (Трудовым Кодексом Российской Федерации от 30 декабря 2001 г. № 197-ФЗ, hereinafter — the RF LC), including the chapter 14 of the RF LC concerning protection of the employees' personal data.
4.2. The Operator shall process the employees' personal data in order to fulfill labour contracts, observe the RF legislation norms, and:
- keep personnel records;
- keep accounting records;
- carry out functions, rights and liabilities imposed by the RF legislation to the Operator, including functions on submission of personal data to the state authorities, to the RF Pension Fund, to the RF Social Insurance Fund, to the Federal Compulsory Medical Insurance Fund, as well as to other state authorities;
- observe norms and requirements concerning labour protection and provision of personal safety of RITVERC JSC employees, as well as safeguard of assets;
- check quantity and quality of works performed;
- grant privileges and compensations provided by the RF legislation;
- open personal bank accounts of RITVERC JSC employees for salary transfer;
- effect an insurance policy according to the programs of voluntary medical insurance;
- arrange access control within the Operator's territory;
- lay open to the public on the website, in the internal reference books, and address books of the organization;
- arrange training of RITVERC JSC employees.
4.3. The Operator shall not make decisions concerning the interests of the employees basing on their personal data, received electronically or as a result of automated processing only.
4.4. The Operator shall protect the employees' personal data at its sole cost in the order established by the RF LC, “On personal data” and other federal laws.
4.5. The Operator shall acquaint the employees and their representatives with the documents establishing the order of the employees' personal data processing, as well as with their rights and liabilities in this regard against written acknowledgment.
4.6. The Operator shall grant access to the employees' personal data only for the authorized persons having a right to receive only those data which are necessary for fulfillment of their functions.
4.7. The Operator shall process the employees' personal data with their written consent given for duration of the labour contract.
4.8. The Operator shall process the employees' personal data within the duration of the labour contract. The Operator shall process the personal data of the dismissed employees within the term specified in Item 5 Part 3 Article 24 of the first part of the Russian Federation Labour Code No. 146-FZ dated July 31, 1998, Part 1 Article 29 of the Federal Law “On accounting” No. 402-FZ dated December 6, 2011 (п. 5 ч. 3 ст. 24 части первой Налогового Кодекса Российской Федерации от 31 июля 1998 г. № 146-ФЗ, ч. 1 ст. 29 Федерального закона “О бухгалтерском учёте” от 6 декабря 2011 г. № 402-ФЗ) and other regulatory legal acts.
4.9. The Operator can process the employees' personal data of special categories (medical details concerning the ability of employees to fulfill their labour functions) on the basis of Item 2.3 Part 2 Article 10 of FZ “On personal data”.
4.10. The Operator shall not process the employees' biometric personal data.
4.11. The Operator shall not receive the data on employees' participation in public associations or on their union activities, except for cases provided by the RF LC or other federal laws.
4.12. The Operator shall process the following employees' data:
- Surname, name, patronymic;
- Type, series and number of an identification document;
- Date of issue of an identification document and information on its issuing authority;
- Year of birth;
- Month of birth;
- Date of Birth;
- Place of birth;
- Address;
- Identification number of taxpayer;
- Number of the State pension insurance certificate;
- Occupation;
- Income;
- Payments for compulsory pension insurance;
- Payments for compulsory medical insurance;
- Tax deductions;
- Retirement;
- Position;
- Personnel number;
- Employment record;
- Additional insurance payments for the investment part of the state pension;
- Contact phone number;
- Email;
- Marital status;
- Photo;
- Education;
- Citizenry;
- Sex;
- Military service details;
- Data on the immediate family members.
4.13. The Operator shall not disclose to the third party the personal data of an employee without his written consent, other than it is necessary to prevent danger to life and health of an employee, and in other cases stipulated in the RF LC, FZ “On personal data” or other federal laws.
4.14. The Operator shall not disclose the employee's personal data for commercial purposes without his written consent.
4.15. The Operator shall submit the personal data of employees to their representatives in the order established by the RF LC, FZ “On personal data” and other federal laws, and shall limit such information to the data only necessary for fulfillment by the representatives of their functions.
4.16. The Operator shall inform the persons receiving the employee's personal data on that such data can be used only for their intended purposes, and shall demand from these persons confirmation on that such rule is observed.
4.17. In the order established by the legislation, and according to Article 7 of FZ “On personal data”, the Operator shall submit the employees' personal data or assign their processing to the following persons, in order to achieve the personal data processing goals and with the consent of the employees:
- State authorities (Pension Fund of Russia, Federal Tax Service, Social Insurance Fund, etc.);
- Bank (within the payroll program);
- Insurance company (within the Voluntary medical insurance program);
- Passenger handling companies and hotels (within the business travels arrangement);
- Cargo handling companies (for arrangement of deliveries);
- RECOND FACTORY JSC (arrangement of access control);
- other persons specified by the RF legislation.
4.18. The employee can have a free access to information on his personal data and their processing. The employee can receive a copy of any record containing his personal data, except for cases stipulated in the federal law.
4.19. The employee can have an access to medical documentation reflecting his state of health, with the help of a medical employee at his discretion.
4.20. The employee can determine a representative for protection of his personal data.
4.21. The employee can require deletion or correction of his invalid or incomplete personal data, and the data processed in violation of requirements stated in the RF LC, FZ “On personal data” or other federal law. If the Operator refuses to delete or correct the employee's personal data, he can state in writing on his refusal and substantiate such refusal. The employee can supplement the personal data of evaluative character through an application expressing his own point of view.
4.22. The employee can demand notification of all persons to whom his incorrect or incomplete personal data have been earlier submitted about all exceptions, corrections or amendments made to such data.
5. Contractors' personal data processing
5.1. The Operator shall process the contractors' personal data within the frames of legal relationships with the Operator regulated by the second part of the Civil Code of the Russian Federation No. 14-FZ dated January 26, 1996 (часть вторая Гражданского Кодекса Российской Федерации от 26 января 1996 г. № 14-ФЗ, hereinafter — the Contractors).
5.2. The Operator shall process the contractors' personal data in order to observe the RF legislation norms, and:
- conclude and fulfill liabilities under the agreements with the contractors;
- inform on new goods, special promotions and proposals;
- gather statistics on site traffic in order to optimize advertising decisions and improve the website.
5.3. The Operator shall process the contractors' personal data with their consent given for duration of the contracts concluded with them. In cases stipulated by FZ “On personal data” the consent shall be given in writing. In other cases, the consent shall be considered as obtained at conclusion of the contract or at making the implicative actions.
5.4. The Operator shall process the contractors' personal data within the validity term of the contracts concluded with them. The Operator can process the contractors' personal data upon expiry of the validity terms of the contracts concluded with them over the period stated in Item 5 Part 3 Article 24 of the first part of the RF TC, part 1 Article 29 of FZ “On accounting” (п. 5 ч. 3 ст. 24 части первой НК РФ, ч. 1 ст. 29 ФЗ “О бухгалтерском учёте”) and other regulatory legal acts.
5.5. The Operator shall process the under-age contractors' personal data of special categories with the written consent of their legal representatives on the basis of Part 1 Article 9, Item 1 Part 2 Article 10 of FZ “On personal data” (ч. 1 ст. 9, п. 1 ч. 2 ст. 10 ФЗ “О персональных данных”).
5.6. The Operator shall process the following contractors' data:
- Contact phone number;
- Email;
- Name (calling);
- Passport data;
- Bank account details;
- TIN.
5.7. In order to achieve the personal data processing goals and with the consent of the contractors the Operator shall represent the personal data or assigns their processing to the following persons:
- RECOND FACTORY JSC (arrangement of access control);
- Cargo handling companies (for arrangement of deliveries).
6. Personal data processing of contractors under the agreements of a civil right character
6.1. The Operator shall process the employees' personal data under the agreements of a civil right character within the frames of legal relationships with the Operator regulated by the second part of the Civil Code of the Russian Federation No. 14-FZ dated January 26, 1996 (часть вторая Гражданского Кодекса Российской Федерации от 26 января 1996 г. № 14-ФЗ).
6.2. The Operator shall process the employees' personal data under the agreements of a civil right character in order to observe the RF legislation norms, and:
- conclude and fulfill the agreements of a civil right character;
- keep personnel records;
- keep accounting records;
- make insurance payments to Pension Fund of Russia, Federal Compulsory Medical Insurance Fund and other authorities;
- check quantity and quality of works performed;
- provide the access control.
6.3. The Operator shall process the employees' personal data under the agreements of a civil right character with their consent given for the validity period of the contracts concluded with them. In cases stipulated by FZ “On personal data” the consent shall be given in writing. In other cases, the consent shall be considered as obtained at conclusion of the contract or at making the implicative actions.
6.4. The Operator shall process the employees' personal data under the agreements of a civil right character for the validity periods of the contracts concluded with them. The Operator can process the employees' personal data under the agreements of a civil right character upon expiry of the validity terms of the contracts concluded with them over the period stated in Item 5 Part 3 Article 24 of the first part the RF TC, Part 1 Article 29 of FZ “On accounting” (п. 5 ч. 3 ст. 24 части первой НК РФ, ч. 1 ст. 29 ФЗ “О бухгалтерском учёте”) and other regulatory legal acts.
6.5. The Operator shall process the under-age employees' personal data of special categories under the agreements of a civil right character with the written consent of their legal representatives on the basis of Part 1 Article 9, Item 1 Part 2 Article 10 of FZ “On personal data” (ч. 1 ст. 9, п. 1 ч. 2 ст. 10 ФЗ “О персональных данных”).
6.6. The operator shall process the following personal data of employees under the agreements of a civil right character:
- Surname, name, patronymic;
- Type, series and number of an identification document;
- Date of issue of an identification document and information on its issuing authority;
- Year of birth;
- Month of birth;
- Date of Birth;
- Place of birth;
- Address;
- Identification number of taxpayer;
- Number of the State pension insurance certificate;
- Occupation;
- Income;
- Payments for compulsory pension insurance;
- Payments for compulsory medical insurance;
- Tax deductions;
- Retirement;
- Position;
- Personnel number;
- Employment record;
- Additional insurance payments for the investment part of the state pension;
- Contact phone number;
- Email;
- Citizenry;
- Sex.
6.7. In order to achieve the personal data processing goals and with the consent of the employees under the agreements of a civil right character the Operator shall represent the personal data or assigns their processing to the following persons:
- State authorities (Pension Fund of Russia, Federal Tax Service, etc.);
- Bank (payment of remuneration);
- RECOND FACTORY JSC (arrangement of access control);
- other persons specified by the RF legislation.
7. Information on provision of personal data safety
7.1. The Operator shall appoint a person responsible for organization of the personal data processing in order to fulfill liabilities stipulated by the FZ “On personal data” and normative legal acts accepted according to this law.
7.2. The Operator shall take a set of legal, organizational and technical measures to provide personal data safety, confidentiality and protection against illegal acts:
- provide the unlimited access to the Policy the copy of which is located at the Operator's address and can be also located at the Operator's site (if any);
- for the purposes of the Policy, confirm and enact the document “Provisions on personal data processing” (hereinafter - the Provision) and other local acts;
- make the Employees aware of the legislative provisions on personal data, as well as of the Policy and the Provisions;
- provide access for the employees to the personal data processed in the Operator's information system, as well as to their material media only for execution of the employment duties;
- establish rules for access to the personal data processed in the Operator's information system, as well as provide registration and accounting of all actions with them;
- assess damages which can be done to the personal data owners in case of infringement of the FZ “On personal data”;
- determine the risks to the personal data at their processing in the Operator's information system;
- apply the organizational and technical measures and use information protection means necessary to achieve the established level of personal data protection;
- discover the unauthorized access to the personal data and take response measures, including restoration of personal data modified or destroyed due to such unauthorized access;
- evaluate the efficiency of measures taken to ensure the personal data safety till the commissioning of the Operator' information system;
- perform internal control of the personal data processing correspondence to the FZ “On personal data”, normative legal acts accepted according to them, requirements to the personal data protection, the Policy and other local acts, including the control over the measures accepted to provide the personal data safety and their protection level during the processing in the Operator's information system.
8. Rights of personal data owners
8.1. The personal data owner has the following rights:
- receive personal data concerning this owner and information on their processing;
- clarify, block or destroy his personal data in case they are incomplete, obsolete, incorrect, illegally received or not necessary for the declared purpose of processing;
- withdraw his consent for the personal data processing, unless prohibited by law and infringes the rights and legally protected interests of other persons;
- protect his rights and legal interests, including those for compensation of losses and emotional damages through judicial procedures;
- appeal against the Operator's actions or omissions to the authorized body for protection of rights of the personal data owners or through judicial procedures.
8.2. For enforcement of rights and legal interests the personal data owners have a right to address the Operator or to send the request personally or through the representative. The request must contain the data given in Part 3 Article 14 of FZ “On personal data” (ч. 3 ст. 14 ФЗ “О персональных данных”).
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