Website policy regarding the processing of personal data

This policy for on processing of personal data was elaborated in accordance with requirements the Law of the Republic of Kazakhstan dated May 21, 2013 No. 94-V «On Personal Data and their Protection» dated May 21, 2013 (hereinafter referred to as the Personal Data Law) and defines the procedure for processing personal data and measures to ensure safety of personal data taken by LLP KMZ (hereinafter referred to as the Operator). 

1.1. The Operator defines observance of the rights and freedoms of men and citizens when processing their personal data, including the protection of rights to privacy, personal and family secrets, as its most important goal and condition when carrying out its business activities. 

1.2. This Operator policy regarding the processing of personal data (hereinafter referred to as the Policy) applies to all information on visitors of the https://tookmz.kz/ website that the Operator may obtain.

2.1. Automated processing of personal data means the processing of personal data by means of computers.

2.2. Blocking of personal data means a temporary cessation of processing of personal data (except for cases when such processing is necessary to clarify any personal data).

2.3. Website means a set of graphic and information materials, as well as computer programs and databases that ensure their availability on the Internet at the following network address: https://kmz-ural.com/.

2.4. Personal data information system means a set of personal data contained in databases, as well as information technology and hardware that ensure their processing.

2.5. Depersonalization of personal data means actions making it impossible to determine without the use of additional information the ownership of personal data by a specific User or other personal data subject.

2.6. Processing of personal data means any action (operation) or set of actions (operations) performed with or without automation tools in relation to 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 means a government agency, municipal agency, legal or physical person that independently or jointly with other persons organizes and/or carries out the processing of personal data, as well as determines the purposes of processing personal data, composition of personal data subject to processing, and actions (operations) performed with personal data.

2.8. Personal data means any information related directly or indirectly to a specific or determinable User of the https://tookmz.kz/ website.

2.9. Personal data authorized by the personal data subject for dissemination is personal data to which an unlimited number of persons have access by the personal data subject by giving consent to the processing of personal data authorized by the personal data subject for dissemination in accordance with the procedure provided for by the Personal Data Act (hereinafter referred to as personal data authorized for Dissemination).

2.10. User means any visitor to the https://tookmz.kz/ website.

2.11. Provision of personal data means actions aimed at disclosing personal data to a specific person or a specific group of persons.

2.12. Dissemination of personal data means any actions aimed at disclosing personal data to an indefinite group of persons (transfer of personal data) or familiarizing an unlimited number of persons with personal data, including disclosure of personal data in the media, its posting on information and telecommunications networks or providing access to personal data in any other way.

2.13. Cross-border transfer of personal data means transfer of personal data to the territory of a foreign state for the benefit of a foreign government authority, foreign individual or foreign legal entity.

2.14. Destruction of personal data means any actions that result in personal data being irrevocably destroyed, making subsequent recovery of the content of personal data in the personal data information system impossible and/or the destruction of tangible media that holds the personal data. 

2.15. Personal data subject (subject) - an individual or a legal entity to which personal data relate.

3.1. The Operator has the right to:

— receive reliable information and/or documents containing personal data from the personal data subject;

— if the personal data subject withdraws consent to the processing of personal data, the Operator has the right to continue processing personal data without the consent of the personal data subject, provided there are grounds specified in the Personal Data Act.;

— independently determine the composition and list of measures necessary and sufficient to ensure the fulfillment of obligations stipulated by the Law on Personal Data and regulatory legal acts adopted in accordance with it, unless otherwise provided by the Law on Personal Data or other laws. 

3.2. The Operator is obliged to:

— to provide the personal data subject, upon his request, with information concerning the processing of his personal data;

— organize the processing of personal data in accordance with the procedure established by the current legislation of the Republic of Kazakhstan; 

— respond to requests and requests from personal data subjects and their legal representatives in accordance with the requirements of the Personal Data Act;

— to provide the necessary information to the authorized body for the protection of the rights of personal data subjects at the request of this body within 30 days from the date of receipt of such request.; 

— to publish or otherwise provide unrestricted access to this Personal Data Processing Policy;

— take legal, organizational and technical measures to protect personal data from unlawful or accidental access to them, destruction, modification, blocking, copying, provision, dissemination of personal data, as well as from other unlawful actions in relation to personal data;

— stop transmitting (distributing, providing, accessing) personal data, stop processing and destroy personal data in accordance with the procedure and cases provided for by the Law on Personal Data;

— perform other duties stipulated by the Law on Personal Data.

4. Basic rights and obligations of personal data subjects

4.1. Personal data subjects have the right to:

— receive information regarding the processing of their personal data, except in cases provided for by law. The information is provided to the personal data subject by the Operator in an accessible form, and it should not contain personal data related to other personal data subjects, except in cases where there are legitimate grounds for the disclosure of such personal data. The list of information and the procedure for obtaining it are established by the Law on Personal Data; 

— require the operator to clarify his personal data, block or destroy them if the personal data is incomplete, outdated, inaccurate, illegally obtained or is not necessary for the stated purpose of processing, as well as take legally prescribed measures to protect their rights;

— provide a condition for prior consent when processing personal data in order to promote in the market of goods, works and services;

— to revoke consent to the processing of personal data;

— to appeal to the authorized body for the protection of the rights of personal data subjects or in court against unlawful actions or omissions of the Operator during the processing of his personal data;

— to exercise other rights provided for by the legislation of the Republic of Kazakhstan.

4.2. Subjects of personal data are obliged to:

— provide the Operator with reliable information about themselves;

— inform the Operator about the clarification (updating, modification) of their personal data.

4.3. Persons who have provided the Operator with false information about themselves or information about another personal data subject without the latter's consent are liable in accordance with the legislation of the Republic of Kazakhstan.

5.1. Last name, first name, patronymic.

5.2. Phone numbers.

5.3. E-mail

5.4. The site also collects and processes anonymized visitor data (including cookies) using Internet statistics services.

5.5. The above data is further combined by the general concept of Personal Data in the text of the Policy.

5.6. The Operator does not process special categories of personal data related to race, nationality, political views, religious or philosophical beliefs, or intimate life.

5.7. Processing of personal data authorized for distribution from among the special categories of personal data specified in Part 1 of Article 10 of the Law on Personal Data is allowed if the prohibitions and conditions provided for in Article 10.1 of the Law on Personal Data are observed.

5.8. The User's consent to the processing of personal data authorized for distribution is issued separately from other consents to the processing of his personal data. At the same time, the conditions stipulated, in particular, by art. 10.1 of the Law on Personal Data are observed. The requirements for the content of such consent are established by the authorized body for the protection of the rights of personal data subjects.

5.8.1 The User provides consent to the processing of personal data authorized for distribution directly to the Operator.

5.8.2 The transfer (dissemination, provision, access) of personal data authorized by the personal data subject for dissemination must be terminated at any time at the request of the personal data subject. This requirement must include the last name, first name, patronymic (if any), contact information (phone number, e-mail address or postal address) of the personal data subject, as well as a list of personal data whose processing is subject to termination. The personal data specified in this request can only be processed by the Operator to whom it is sent.

5.8.3 Consent to the processing of personal data authorized for dissemination shall expire upon receipt by the Operator of the request specified in clause 5.7.2 of this Personal Data Processing Policy.

6.1. Personal data is processed on a legal and fair basis.

6.2 The processing of personal data is limited to achieving specific, predetermined and legitimate purposes. It is not allowed to process personal data in a way that is incompatible with the purposes for which the personal data is collected.

6.3 It is not allowed to combine databases containing personal data, which is processed for purposes that are incompatible with each other.

6.4 Only personal data that conforms with the purposes of its processing may be processed.

6.5 The content and volume of the processed personal data are to correspond to the stated purposes of processing. It is not allowed to process personal data in excess of the stated purposes of its processing.

6.6 When processing personal data, its accuracy, sufficiency, and, where necessary, relevance in relation to the purposes of processing are to be ensured. The Operator is to take the necessary measures and/or ensure their adoption to delete or clarify any incomplete or inaccurate data.

6.7. Personal data is stored in a form that makes it possible to identify the subject of personal data, no longer than the purposes of personal data processing require, unless the period of personal data storage is established by law, an agreement to which the personal data subject is a party, beneficiary or guarantor. The personal data being processed is destroyed or depersonalized upon achievement of the processing objectives or in case of loss of the need to achieve these objectives, unless otherwise provided by law.

7.1.  Purpose of processing the User's personal data:

— requesting the User by e-mail to clarify order details;

— providing User access to the services, information and/or materials contained on the website https://tookmz.kz/

7.2. The Operator is also entitled to send the User notifications about new products and services, special offers and various events. The User can always opt out of receiving such informational messages by sending an email to the Operator at zavod@tookmz.kz with the subject line «Opt-out of notifications about new products and services and special offers». 

7.3. Depersonalized User data collected using Internet statistics services is used to collect information about the actions of Users on the site, improve the quality of the site and its content.

8.1. The legal grounds for the processing of personal data by the Operator are:

— The Law of the Republic of Kazakhstan "On Informatization" dated November 24, 2015 No. 418-V The Law of the Republic of Kazakhstan; 

— the statutory documents of the Operator; 

— contracts concluded between the operator and the subject of personal data;

— laws and other regulatory legal acts in the field of personal data protection;

— Users' consent to the processing of their personal data, to the processing of personal data authorized for distribution.

8.2. The processing of personal data is necessary to achieve the goals stipulated by the international agreement of the Republic of Kazakhstan or the law, to carry out the functions, powers and duties assigned to the operator by the legislation of the Republic of Kazakhstan.

8.3. 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 Republic of Kazakhstan on enforcement proceedings.

9.1. The processing of personal data is carried out with the consent of the personal data subject to the processing of his personal data.

9.2. The Operator processes the User's personal data only if they are filled in and/or sent by the User independently through special forms located on the website. https://tookmz.kz / or sent to the Operator by e-mail. By filling out the appropriate forms and/or sending their personal data to the Operator, the User agrees with this Policy.

9.3. The personal data subject independently decides on the provision of his personal data and gives consent freely, voluntarily and in his own interest.

9.4. The processing of personal data is necessary for the performance of an agreement to which the personal data subject is a party or beneficiary or guarantor, as well as for the conclusion of an agreement on the initiative of the personal data subject or an agreement under which the personal data subject will be the beneficiary or guarantor.

9.5. The processing of personal data is necessary to exercise the rights and legitimate interests of the operator or third parties, or to achieve socially significant goals, provided that the rights and freedoms of the personal data subject are not violated.

9.6. Personal data is processed, access to which is provided to an unlimited number of persons by the personal data subject or at his request (hereinafter referred to as publicly available personal data).

9.7. Personal data subject to publication or mandatory disclosure is processed in accordance with the law.

The security of personal data processed by the Operator is ensured through the implementation of legal, organizational and technical measures necessary to fully comply with the requirements of current legislation in the field of personal data protection.

10.1. The Operator ensures the safety of personal data and takes all possible measures to exclude access to personal data of unauthorized persons. The operator ensures the confidentiality of personal data when processing personal data.

10.2. The 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 if the personal data subject consents to the Operator to transfer data to a third party to fulfill obligations under a civil contract.

10.3. In case of inaccuracies in personal data, the User can update them independently by sending a notification to the Operator's email address zavod@tookmz.kz marked "Updating personal data".

10.4. The period of personal data processing is determined by the achievement of the purposes for which the personal data was collected, unless another period is stipulated by the contract or the current legislation. The User can revoke his consent to the processing of personal data at any time by sending an e-mail notification to the Operator to the Operator's e-mail address zavod@tookmz.kz marked "Withdrawal of consent to the processing of personal data".

10.5. All information collected by third-party services, including payment systems, communication facilities and other service providers, is stored and processed by the specified persons (Operators) in accordance with their User Agreement and Privacy Policy. The subject of personal data and/or the User is obliged to familiarize themselves with the specified documents in a timely manner. The Operator is not responsible for the actions of third parties, including the service providers specified in this paragraph.

10.6. The prohibitions established by the personal data subject on the transfer (other than granting access), as well as on the processing or conditions of processing (other than gaining access) of personal data permitted for distribution, do not apply in cases of processing personal data in the state, public and other public interests defined by the legislation of the Republic of Kazakhstan.  
10.7. The Operator stores personal data in a form that allows determining the subject of personal data for no longer than the purposes of personal data processing require, unless the period of personal data storage is established by law, an agreement to which the personal data subject is a party, beneficiary or guarantor.

10.8. The condition for termination of personal data processing may be the achievement of the purposes of personal data processing, the expiration of the consent of the personal data subject or the withdrawal of consent by the personal data subject, as well as the identification of unlawful processing of personal data.

11.1. The Operator collects, records, systematizes, accumulates, stores, clarifies (updates, changes), extracts, uses, transfers (distributes, provides, accesses), depersonalizes, blocks, deletes and destroys personal data.

11.2. The Operator performs automated processing of personal data with or without receiving and/or transmitting the information received via information and telecommunication networks.

12.1. Before commencing any cross-border transfer of personal data, the Operator is to ensure that the foreign state to which the personal data is to be transferred ensures reliable protection of the rights of personal data subjects.

12.2. The cross-border transfer of personal data on the territory of foreign states that do not meet the above requirements can only be carried out if the personal data subject agrees in writing to the cross-border transfer of his personal data and/or the execution of a contract to which the personal data subject is a party.

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

14.1. The User can receive any clarifications on issues of interest related to the processing of his personal data by contacting the Operator via e-mail. zavod@tookmz.kz

14.2. This document will reflect any changes to the Operator's personal data processing policy. The policy is valid indefinitely until it is replaced by a new version.

14.3. The current version of the Policy is freely available on the Internet at https://tookmz.kz/