1. General provisions
1.1 This Personal Data Processing Policy (the "Politics") is prepared in accordance with section 2 of Article 18.1 of the Russian Federation's Federal Data Act No.152-Fh of July 27, 2006 (the "Law") and defines NT365.RU(Marketplace) position in the processing and protection of personal data (personal data), respect for rights and freedoms, describes the specifics of collecting, storing, using and transmitting personal data data, the requirements for their protection, as well as information about the rights of persons to whom the relevant personal data belongs.
1.2 Personal data refers to any information relating directly or indirectly to a particular or defined individual (citizen), legal person (PI, LLC...) (more - User).
1.3 The processing of personal data refers to any action (operation) or a set of actions (operations) with personal data carried out using automation tools and/or without the use of such tools. Operations) include: collection, record, systemization, accumulation, storage, refinement (update, modification), extraction, use, transfer (, provision, access), depersonalization, blocking, removal, destruction personal data.
1.4 The security of personal data is understood to protect personal data from improper and/or unauthorized access to it, destruction, alteration, blocking, copying, providing, distributing personal data, as well as other misconduct in relation to personal data.
1.5 The policy applies to all actions related to the processing of personal data on the tmnshop.ru website (the "Site") and the Contact Center, in marketplace information systems. Used in the Act and Site Use Conditions.
1.7 This Policy applies to personal data obtained both before and after the implementation of this Policy.
2. Legal grounds and purposes of processing Personal Data Marketplace
2.1 Marketplace processes and ensures the security of personal data to carry out the functions, powers and responsibilities assigned to Marketplace by Russian law, including, but not limited to, in accordance with the The Constitution of the Russian Federation, federal laws, in particular federal law No.152-Fz of July 27, 2006 "On personal data," by-laws, other defining cases and features of the processing of these personal data federal laws of the Russian Federation, the guidelines and methodical documents of the RUSSIAN Federal Security Service and the Russian Federal Security Service, as well as the Russian Civil Code, the Tax Code of the Russian Federation, the Russian Law No.2300-1 of February 7, 1992, "On the Protection of Rights of rights of the Russian Federation "On Accounting, as well as Personal Data Operators, Charters and Local Acts of Marketplace" by Federal Law No. 402-Fz of December 6, 2011.
2.2 Marketplace is a personal data operator under the Act.
2.3 Data processing can be carried out by Marketplace in the following cases and on the following legal grounds:
- processing personal data is done only with the consent of the subject of personal data expressed in any form that allows to confirm the fact of obtaining consent, including in the ways specified in article 1.6 of this Policy;
- in order to achieve the objectives of the international treaty of the Russian Federation or the law, in order to carry out and implement the personal functions, powers and responsibilities assigned by the russian Federation's legislation to the operator;
- In order to comply with the contract of sale of the Goods, or other contract between the seller and the user of the Site, who is an individual with the necessary amount of capacity and intends to issue or order the Goods through The site, (further - "Buyer"), concluded using the Site, the party of which is either the beneficiary or guarantor for which is the subject of personal data, including in the case of the operator's realization of his right to assignment of rights ( requirements) under such a contract, as well as for the conclusion of a contract on the initiative of the subject of personal data or a contract under which the subject of personal data will be the beneficiary or guarantor;
- in order 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 subject of personal data are not violated;
- in statistical or other marketing and research purposes, subject to the obligatory anonymization of personal data.
2.4. Subjects of personal data processed through the Site and employees of the Contact Center are, including site users, buyers and recipients of goods (if the buyer has identified another person as the recipient of the Goods); individuals who apply to Marketplace with statements/appeals.
2.5 Marketplace processes personal data, including the following persons:
2.5.1 Buyers (Users) for:
- conclusion and execution of contracts, one of the parties of which is the User, in accordance with the Terms of Order and Delivery of the Site, including the retail sales contract of the Goods, including concluded remotely on the Site, the contract Remunerated;
- providing information about Goods, Promotions and Special Offers;
- information about the status of the Order;
- assistance in settlement of claims between buyer and seller;
- fulfilling the Seller's instructions in terms of collecting and transferring money to him in payment for the Goods;
- executing orders from Sellers and Buyers in connection with the return of goods;
- Users and Buyers of Product Reviews and/or Sellers;
- analyzing the quality of the service provided by Marketplace and improving the quality of marketplace customer service;
- identify Users and Buyers in Promotions, ensure the procedure of accruing, accounting, using bonus points of User and Buyers loyalty programs;
- Performance of Marketplace's obligations to hold shares;
- in any other case expressly provided by the current legislation .
2.5.2 Recipients of Goods Purchased by Buyers for delivery of such goods;
2.5.4 All Users of the Site in order to analyze and improve the quality of service to Users and Buyers.
2.5.5 Marketplace Workers in order to implement employment agreements in accordance with the legislation of the Russian Federation.
2.5.6 Marketplace Contractors, whose personal data is processed as part of the implementation of contractual relations between the parties.
3. Categories of personal data processed by Marketplace
3.1 Marketplace processes the following categories of personal data of Users, Recipients of The Goods: information obtained at the registration and ordering (name, first name, middle name, phone number, email address, cookie), information, received in interaction with Buyers (sex, age of the Buyer, passport data, payment data), in connection with the placement or execution of Buyer's Orders (information about the way the Goods are delivered, the manner and status of the payment of the Goods, and if The final recipient of the Goods differs from the Buyer, also the surname, name, middle name, address of delivery and phone number of the recipient), about the claims of the Buyer (transmitted by the Buyer via the Site, Contact Center or otherwise) posted Buyer reviews of Goods and/or Sellers.
3.2 Marketplace processes the following categories of personal data from personal data applicants to Marketplace with allegations of alleged infringement of their rights: surname, first name, middle name, passport data (data from a different document, identity), contact information (phone numbers and/or fax, email address) of the rights holder or other person whose right has allegedly been violated, and/or the applicant if he acts as an authorized representative of the rights holder or another person whose right was allegedly violated, information about the applications received, the progress and the result of their consideration.
3.3 The personal data listed in the paragraphs in this section above can be obtained by Marketplace in one of the following ways:
- provided by entities with personal data by filling out relevant forms on the Site, by sending correspondence or emails to Marketplace email addresses;
- Received from third parties in cases under this Section. and/or other actions under current law .
4. Principles and conditions for processing Personal Data
4.1 When processing personal data, Marketplace adheres to the following principles:
- processing personal data is legal;
- personal data is not disclosed to third parties and is not distributed without the consent of the subject of personal data, except in cases stipulated by Russian law;
- determining specific legitimate goals before processing (includes collection) of personal data;
- the combination of databases, including databases containing personal data, which are processed for purposes incompatible with each other, is not allowed;
- processing personal data is limited to achieving specific, predetermined and legitimate goals;
- processed personal data must be destroyed or anonymized when consent to personal data is withdrawn by the subject, on the achievement of processing purposes, or if there is no need to achieve these goals, unless otherwise Federal law;
- content and volume of processed personal data are in line with the stated processing objectives.
- the processing of personal data ensures the accuracy of personal data and its adequacy, when necessary and relevant to the stated purposes of processing it;
- the storage of personal data is carried out in a form that allows to identify the subject of personal data no longer than the purpose of processing personal data, if the shelf life of personal data is not set by federal law, a contract by the party of which, the beneficiary or guarantor for which is the subject of personal data.
4.2 Marketplace does not process personal data relating to race, nationality, political views, religious, philosophical and other beliefs, health, personal life, membership in the public associations, including in trade unions, biometric data.
Marketplace does not use voice and verification of personal data using unprotected data channels. that the data obtained will be used in accordance with this Policy.
4.3 Marketplace provides recording, systemization, accumulation, storage, refinement (update, modification), extraction of personal data using databases located in Russia, and does not carry out cross-border transmission personal data.
4.4 Marketplace has the right to entrust the processing of personal data to third parties with the consent of the subject of personal data expressed by consent, on the basis of a contract with such third parties, in the following cases:
4.5 to process customer and/or user-only calls through voice and non-voice channels, including email, online chat, mobile apps and/or social networks;
4.6 to deliver goods to Buyers and Recipients;
4.7 to raise money to pay for the Goods on behalf of the Seller.
4.8 Persons who process personal data on the basis of a Marketplace contract (operator's instructions), including Sellers and Delivery Services, are required to comply with the principles and rules of personal data processing and protection, provided for by current law. For every third person, the contract defines a list of actions (operations) with personal data, which will be committed by a third party processing personal data, the purpose of processing, establishes the duty of such person to maintain confidentiality and ensure the security of personal data when processing it, there are requirements to protect processed personal data in accordance with applicable law.
4.9 Marketplace has the right to transfer personal data to third parties with the consent of the subject of personal data in the following cases:
4.9.1 Sellers and delivery services for the purpose of executing the Buyer's Order, including, in the case of receiving a claim for the return of goods purchased on the Site, in order to review the requirements and return and return, in cases where provided by the Rules of Order and other sections of the Site, including if Marketplace receives an application for infringement of intellectual or other rights of third parties, in order to settle the received claims, in the event of receiving other applications, reviews, Claims, complaints, communications or documents addressed to the Seller, in other cases and purposes, according to the order described in the Rules;
4.9.2 in order to protect the rights and legitimate interests of Marketplace or third parties in cases where the subject of personal data violates any terms of the Site's user documents and/or this Policy;
4.9.3 in the case of a court order that has come into force or in cases established by the current law;
4.9 Marketplace has the right to transfer personal data to third parties with the consent of the subject of personal data, as well as in cases where the possibility of transferring personal data to third parties is not expressly required by Russian law consent of the subject of personal data.
4.10 In order to comply with the requirements of the current Russian legislation and its contractual obligations, the processing of personal data Marketplace is carried out both using and without the use of automation tools. Processing operations include collection, record, systemization, accumulation, storage, refinement (update, change), extraction, use, transmission (providing, access), depersonalization, blocking, removal, destruction of personal Data.
4.11 Marketplace does not make decisions that have legal consequences for the subject of personal data or otherwise affect his rights and legitimate interests, based solely on automated processing personal data.
4.12 Marketplace does not check and, as a rule, is not able to verify the relevance and reliability of the personal data provided by the subjects of the personal data obtained through the Site. data, acting in a reasonable and conscientious manner, provides reliable and sufficient personal data and maintains it up to date.
5. The rights of subjects of personal data
5.1 The subject of personal data, whose personal data is processed by Marketplace, has the right:
5.1.1 At any time to change (update, supplement) the personal data provided to them by going to the Personal Office in cases where it allows to make the functionality of the Site;
5.1.2 Delete the personal data provided to them by sending A marketplace a written notice indicating the personal data to be deleted;
5.1.3 Get from Marketplace:
- confirmation of the processing of personal data and information about the availability of personal data pertaining to the relevant subject of personal data;
- information on the legal grounds and purposes of personal data processing;
- information about marketplace's methods of processing personal data;
- information about the name and location of the Marketplace;
- information about persons (except Marketplace employees) who have access to personal data or who may be disclosed personal data under a Marketplace contract or under federal law;
- processed personal data relating to the subject of personal data and information about the source of their receipt, if the different procedure for providing such personal data is not provided by law;
- information about the processing time of personal data, including the timing of their storage;
- information on how the subject is exercising personal data rights under the personal data legislation;
- name and address of persons processing personal data on behalf of Marketplace;
- information provided by the Act;
5.1.4 Require Marketplace to clarify, block or destroy personal data if personal data is incomplete, outdated, inaccurate, illegally obtained or not necessary for the stated purpose Processing
5.1.5 Withdraw your consent to the processing of personal data at any time by sending an e-mail message to the address: email@example.com, or by sending a written notice to the Marketplace address After receiving such a communication will cease to process the personal data of the subject of personal data and his personal data will be deleted, unless the processing can be continued in accordance with the legislation of the Russian Federation. In this case, sending such a message about the withdrawal of consent by the User and/or the buyer should also be considered a notice of unilateral refusal to comply with the order and entails the impossibility of its execution;
5.1.6 Demand the removal of Marketplace's misconduct in relation to his personal data;
5.1.7 Take legal measures to protect their rights and legitimate interests, including damages and/or compensation for moral harm in court.
5.2 The rights provided by the subparagraphs of this Section above may be limited in accordance with the requirements of Russian law and/or in cases where Marketplace processes personal data on other legal grounds, rather than the consent of the subject of personal data.
6. Responsibilities Marketplace
In accordance with the requirements of the Marketplace Act,
6.1 Provide the subject with personal data upon his request information relating to the processing of his personal data, or legally grant a waiver within thirty days of the date of receipt of the subject's request for personal data or his Representative;
6.2 At the request of the subject of personal data, specify, block or delete processed personal data if personal data is incomplete, outdated, inaccurate, illegally obtained or not necessary for the stated purpose of processing within a period of no more than seven business days from the date of the subject's provision of personal data or his representative information confirming these facts;
6.3 Keep a record of the requests of personal data subjects, which should record the requests of subjects of personal data for the receipt of personal data, as well as the facts of the provision of personal data on these requests;
6.4 Notify the subject of personal data processing if the personal data was not obtained from the subject of personal data
- personal data subject is notified of the process of processing the Marketplace of his personal data;
- personal data obtained by Marketplace in connection with the performance of a contract by the party of which is either the beneficiary or guarantor for which the subject of personal data or on the basis of the requirements of the current legislation;
- personal data is made by the public entity of personal data or obtained from a public source;
- Marketplace processes anonymized personal data for statistical or other research purposes, as far as the rights and legitimate interests of the subject of personal data are not violated;
- providing the subject with personal data of the information contained in the notification of the processing of personal data violates the rights and legitimate interests of third parties;
6.5 If the goal of processing personal data is achieved, immediately stop processing personal data and destroy relevant personal data within a period of no more than thirty days from the date of achievement of the personal processing goal unless otherwise provided by a contract by which the beneficiary or guarantor of which is the subject of personal data, a different agreement between Marketplace and the subject of personal data, or if Marketplace is not entitled To process personal data without the consent of the subject of personal data on the grounds provided by the Law or other federal laws;
6.6 If the subject of the personal data is revoked for the processing of his personal data, stop processing personal data and destroy personal data within a period of no more than thirty days from the date of receipt of the recall, if otherwise is not provided for by an agreement between Marketplace and the subject of personal data. Marketplace is required to notify the subject of personal data about the destruction of personal data;
6.7 If there is a requirement of the subject of personal data to stop processing personal data obtained in order to promote goods, works, services in the market, immediately stop processing personal data;
6.8 When collecting personal data, including through the Internet, Marketplace provides recording, systemization, accumulation, storage, refinement (update, modification), extraction of personal data of citizens of the Russian Federation with databases located in the Russian Federation.
7. Protection of personal data
7.1 Marketplace, when processing personal data, takes the necessary legal, organizational and technical measures to protect personal data from improper and/or unauthorized access to it, destruction, modification, blocking, copying, providing, distributing personal data, and other misconduct in relation to personal data.
7.2 Such measures include:
- the appointment of the person responsible for the processing of personal data and the person responsible for data security;
- development and approval of local data processing and protection acts;
- applying legal, organizational and technical measures to ensure the security of personal data.
- control of the measures taken to ensure the security of personal data and the level of security of personal data information systems;
- assessment of the harm that may be caused to personal data subjects in the event of a breach of the requirements of personal data legislation, the ratio of the harm and the measures taken by Marketplace to ensure compliance Responsibilities under personal data legislation;
- compliance with conditions that exclude unauthorized access to personal data media and ensure the safety of personal data;
- acquaintance of Marketplace employees directly processing personal data with the provisions of Russian personal data legislation, including the requirements for the protection of personal data, local acts on issues processing and protection of personal data, and training of Marketplace employees
8. Timeline (storage) of Personal Data
8.1 The terms of processing (storage) of personal data are determined on the basis of the purposes of personal data processing, in accordance with the expiration of contracts with the subjects of personal data, the requirements of the current legislation:
- Personal data of registered users is stored for the duration of the User's Account;
- personal data of the unregistered User and the recipient of the Goods (if the recipient of the Goods is listed as another person) is stored for three years from the date of the execution of the Order of such a User;
- personal data of other persons applying to Marketplace for alleged infringement of their rights during the duration of processing and consideration of the relevant claims and within three years of completion of the processing and/or review of the claims if the law does not provide for another statute of limitations for the relevant disputes.
8.2 Personal data that has expired must be destroyed unless otherwise provided by Russian law. depersonalization.
9. How to explain the processing of Personal Data
9.1 Personal data subjects whose personal data is processed by Marketplace can obtain clarification on the processing of their personal data by contacting Marketplace in person or by sending a written request to the address Marketplace location.
10. Automatically collected information
10.1 Marketplace can collect and process the following information, including information that is not personal:
- information about the interests of users on the Site based on the entered search queries of users of the Site about the products sold and offered for sale in order to provide up-to-date information to Users when using the Site, as well as Generalizations and analysis of information about which sections of the Site and goods are most in demand among users of the Site;
- information on the interests of Contact Center users based on the contact Center Users' requests to provide up-to-date information to Users when using the Contact Center, as well as generalizing and analysing information about What is the most in-demand capacity for Contact Center users;
- information that forms the Seller's System Rating: User Reviews of the Seller, Performance Information, Other Information;
10.2 Marketplace processes and stores search queries of Site users in order to generalize and create customer statistics on the use of sections of the Site.
10.3 Marketplace automatically receives some of the information that users receive from the Time interaction, email correspondence, etc. third party apps and tools.
Web marks, Cookies and other monitoring technologies do not automatically receive personal data. feedback or when sending an email, it is only then that the processes of automatically collecting detailed information are started for the ease of using websites and/or to improve user interaction.
10.4 If Marketplace can reasonably correlate the information in this Section with that of a particular User's account, that information may be processed in conjunction with Personal Data and other personal information from that user.
11. Policy changes; Other provisions
11.1 Marketplace may periodically make changes to this Policy, including to reflect changes in the volume of Services provided by Marketplace or changes in the functionality of the Site, as well as changes in the law. above, the provisions and confidentiality will take effect from the moment it is published, unless it indicates another date for its entry into force.