1. General provisions
Personal Data Processing Policy (hereinafter - the Policy) is elaborated to implement the requirements of legislation in the processing and protection of personal data in accordance with subparagraph 1-1) of paragraph 2 of Article 25 of the Law of the Republic of Kazakhstan dated May 21, 2013 № 94-V «On Personal Data and their Protection».
The Policy defines the procedure of collection, processing and protection of personal data in Private Company Artsofte.KZ Limited (hereinafter - the Operator) on the site artsofte.com (hereinafter - the Site), owned and administered by the Operator, aims to protect human and civil rights and freedoms when processing his personal data and establishes measures to ensure security of personal user data, which the Operator can receive about the User during the use of the Site.
The Policy is a publicly available document and is posted on the Site.
1.1. Information about the Operator
1.1.1. The Operator conducts its business at the address:
Kazakhstan, Astana, Esil area, Kerey street, Zhanibek Khandar, building 18, apt. 1, postal code Z05K4F8.
1.1.2 The Director has been appointed as the person in charge of organizing the processing of personal data. In case of questions on this Policy, the User may contact the person responsible for organizing the processing of personal data by sending a letter marked «Personal Data Request» to the e-mail: firstname.lastname@example.org or to the address specified in clause 1.1.1. of this Policy.
1.2. Information about the processing of personal data
1.2.1. The Operator processes personal data on a lawful and fair basis to perform functions, powers and duties imposed by the legislation of the Republic of Kazakhstan, to exercise rights and legitimate interests of the Operator, the Operator's employees and third parties.
1.2.2. The Operator processes personal data directly provided by the User.
1.3. Terms and definitions
The following terms and definitions are used in this Policy:
1.3.1. «The Operator» — Private company Artsofte.KZ Limited (abbreviated as – Artsofte.KZ Limited; BIN: 220540900218), organizing and (or) conducting the processing of personal data, as well as determining the purpose of personal data processing, the composition of personal data to be processed, actions (operations) performed with personal data.
1.3.2. «Site» - artsofte.com, owned by the Operator, as well as any subdomains thereof.
1.3.3. «Personal Data» means information relating to a certain or definable User, recorded on electronic and (or) other tangible media.
1.3.4. «Processing of personal data» means actions aimed at collection, accumulation, storage, modification, access, addition, use, distribution, depersonalization, blocking and destruction of personal data.
1.3.5. «Confidentiality of personal data» - mandatory for observance by the Operator or other person who obtained access to personal data, the requirement not to allow its dissemination without the User's consent or other legal basis.
1.3.6. «User» means a person who accesses and uses the Site and provides Personal Data for processing by the Operator.
1.3.7. «Cookies» — a small piece of data (text files) placed on the hard drives of the User's devices during the use of various sites designed to help customize the User interface according to the User's preferences, sent by the web server and stored on the User's devices, which the web client or web browser sends to the web server each time in an HTTP request when trying to open a page of the corresponding site.
1.3.8. «IP-adress» — a unique network address of a node in an IP-based computer network.
1.4. Information about the Site rules of use
1.4.1. The use of the Site by the User and provision of his personal data to the Operator means unconditional consent to this Policy and the terms of processing of the User's personal data.
1.4.2. In case of disagreement with the terms of the Policy, the User shall stop using the Site.
1.4.3. The Policy applies only to the Site and to the information collected by the Site. The Operator does not control and is not responsible for the websites of third parties, to which the User can go through the links available on the Site.
1.4.4. The Operator does not verify the accuracy of personal data provided by the User. By submitting personal data on the Site, the User guarantees that he provides reliable data, and in case of their belonging to third parties - that the User has the appropriate permission of third parties to transfer such data.
1.4.5. The Users don't have the right to use the personal data placed on the Site in open access, except for the purposes for which this data was placed on the Site (for example, consultation of the Administration about the goods and services which the Operator sells, consultation of the personnel department of the Operator about the vacancies available at the Operator, etc.). Users are warned that using of the personal information which is placed on the Site for other purposes can lead to the responsibility stipulated by the legislation of the Republic of Kazakhstan. The Operator places the Personal data of the third parties on the Site only with the consent of the relevant persons.
1.4.6. In case any losses are caused to the Operator through the User's fault, the User undertakes to reimburse them to the Operator in full.
2. Main provisions
2.1. Subject of the Policy
2.1.1. The Policy establishes the obligations of the Operator for non-disclosure and ensuring the protection of confidentiality of personal data, which the User when registering on the Site, sending the completed forms on the Site in order to enter into contracts with the Operator or request for feedback, subscribing to the information mailings of the Operator (Operator's news, announcements of Operator's events, etc.).
2.1.2. Personal data allowed for processing under this Policy, provided by the User by filling out forms on the Site, include the following information:
188.8.131.52. surname, first name, patronymic of the User (including individually and in case of changes);
184.108.40.206. contact the User's e-mail address;
220.127.116.11. phone number of the User.
2.1.3. The Operator uses "cookie" technology to create statistical reports. When the User visits the Site the Operator determines the domain name of the User's provider and country (for example, "aol.com") and the selected transitions from one page to another (the so-called "activity of transition flow").
The information that the Operator receives on the Site may be used to facilitate the use of the Site, including, but not limited to:
- organizing the Site in the most convenient way for Users;
- providing an opportunity to subscribe to mailing lists for special offers and topics, if the User wishes to receive such notifications.
The "cookie" contain information that may be necessary for the Site - to save the settings for browsing options and collect statistical information on the Site, i.e. what pages the User visited, what was downloaded, the domain name of the Internet service provider and the country of the visitor, as well as addresses of third-party websites from which the transition to the Site and beyond. However, all of this information is in no way related to the User as an individual. "Cookie" do not record the User's email address or any personal information of the User.
Besides, the Operator uses standard web-server logs for counting the number of visitors and evaluating technical capabilities of the Site. The Operator uses this information in order to determine how many people visit the Site and organize pages in the most convenient way for users, to ensure compliance of the Site with the browsers used, and to make the contents of the Site pages as useful for users as possible. The Operator records the information about the movements on the Site, but not about the individual visitors of the Site, therefore no specific information about the User will be saved or used by the Operator without the consent of the User.
In order to view the material without cookie the User can set his browser so that it won't accept cookie or notify the User about their sending (the methods are different, so we advise the User to specify the necessary information in the "Help" section of the browser used by the User and find out how to change the settings of the User's device by cookie).
WARNING Disabling the "cookie" technology may result in the inability to access parts of the Site.
The data collected by the Operator in the context of this paragraph of the Policy is impersonal.
2.1.4. The Operator collects statistics about the IP-addresses of the Users. This information is used to identify and solve technical problems that limit the ability to use the Site by Users.
2.1.5. The Operator does not process Restricted Personal Data under this Policy.
2.2. Principles of personal data processing
The Operator shall process personal data on the basis of the following principles:
1) observance of constitutional rights and freedoms of man and citizen;
3) confidentiality of personal data of limited access;
4) equality of rights of subjects, owners and operators;
5) ensuring the security of an individual, society and the State.
2.3. Terms of personal data processing
The Operator processes personal data in the presence of at least one of the following conditions:
2.3.1. Processing of personal data is carried out with the User's consent to the collection, processing of their personal data;
2.3.2. Processing of personal data is necessary to achieve the goals of implementation and performance of the functions, powers and duties imposed on the operator by the legislation of the Republic of Kazakhstan;
2.3.3. Processing of personal data is necessary to perform the contract, to which the User is a party, concluded at the initiative of the User;
2.3.4. Processing is carried out for implementation of international treaties ratified by the Republic of Kazakhstan;
2.3.5. Processing is carried out in order to protect the constitutional rights and freedoms of man and citizen, if the consent of the User or his legal representative is impossible;
2.3.6. Processing is carried out for the purpose of publication of personal data in accordance with the laws of the Republic of Kazakhstan;
2.3.7. Processing is carried out for the purpose of scientific, literary or other creative activity subject to the requirements of the legislation of the Republic of Kazakhstan to ensure the rights and freedoms of man and citizen;
2.3.8. Processing is carried out due to the subject's failure to fulfill his/her obligations to provide personal data in accordance with the laws of the Republic of Kazakhstan;
2.3.9. Processing of personal data is necessary to exercise the rights and legitimate interests of the Operator or third parties or to achieve socially important goals, provided that this does not violate the rights and freedoms of the User;
2.3.10. Processing is carried out in order to use personal data of business entities directly related to their business activities to form a register of business partners, subject to the requirements of the legislation of the Republic of Kazakhstan.
2.4. Purposes of personal data collection
The Operator may collect and process the User's personal data for the following purposes:
2.4.1. Individualization of the User for the conclusion of the Agreement.
2.4.2. Providing the User with access to personalized resources of the Site.
2.4.3. Establishing feedback with the User, including sending consultations, references concerning the use of the Site, execution of contracts concluded between the User and the Operator, processing of requests and applications from the User.
2.4.4. Providing the User with effective customer and technical support when problems arise related to the use of the Site.
2.4.5. Providing the User with information about updates of the Operator's products (including software), special offers, pricing information, newsletters and other information on behalf of the Operator or on behalf of the Operator's partners.
2.4.6. Advertising, informational mailing with the User's consent.
2.4.7. Using cookie technology to create statistical reports, standard logs of the web server to calculate the number of visitors and assess the technical capabilities of the Site.
2.4.8. Providing the User with access to the sites or services of the Operator's partners in order to receive products, updates and services (works).
2.4.9. In cases stipulated by the User's consent, the Operator has the right to distribute the User's personal data in publicly available sources, including on the Site. In particular, it's possible in order to place reviews, interviews of the User, in the Operator's client lists, in other cases.
2.5. Methods and terms of personal data processing
2.5.1. Processing of personal data of the User is carried out until their direct withdrawal by the User, but in any case, until the goals of processing of Personal Data are achieved.
2.5.2. The Operator shall perform the following actions with Personal Data: collection, accumulation, storage, modification, access, completion, use, distribution, depersonalization, blocking and destruction of Personal Data. The Operator shall process Personal Data by any lawful means, including in personal data information systems with or without the use of automated means.
2.5.3. The User agrees that the Operator has the right to transfer personal data to third parties for the purposes specified in the consent to the processing of personal data, including in the case of processing of personal data obtained on the Site by third parties on behalf of the Operator.
2.5.4. Personal information of the User may be disclosed to the authorized governmental authorities of the Republic of Kazakhstan only on the grounds and in the manner prescribed by the laws of the Republic of Kazakhstan.
2.5.5. The Operator takes necessary organizational and technical measures to protect personal information of the User from illegal or accidental access, destruction, modification, blocking, copying, distribution, as well as from other illegal actions of third parties.
2.5.6. In cases defined by Users' consent, the Operator may transfer Users' personal data to third parties.
2.5.7. Cross-border processing of personal data is possible under the Policy’s conditions.
2.6. Confidentiality of personal data
2.6.1. The Operator uses the information received from the User solely for the purposes specified in paragraph 2.4 of this Policy.
2.6.2. The Operator undertakes to keep confidential information secret, not to disclose without the prior written permission of the User, as well as not to sell, exchange, publish or disclose by any other possible means the transferred personal data of the User, except as provided by the Policy and the legislation of the Republic of Kazakhstan.
2.6.3. The Operator undertakes to take precautionary measures to protect the confidentiality of personal data of the User in accordance with the procedure generally used for the protection of such information in the existing business turnover.
2.6.4. The Operator undertakes to block the personal data relating to the relevant User from the moment of application or request of the User, or his legal representative or the authorized body for the protection of users' rights for the period of inspection, in case of unreliable personal data or unlawful actions.
3. Basic User Rights and Obligations
3.1. The User, deciding to provide his personal data, acts freely, of his own free will and in his own interest, unconditionally expressing his consent to the processing of the personal data provided to him by the Operator. Consent to processing of personal data may be given by the User or its representative in writing (both in handwriting and in electronic form - by entering personal data in the fields of form(s) (registration) on the Site and/or by sending personal data to the corporate email email@example.com or other email addresses containing the domain @artsofte.com, by registering the User in the personal cabinet of the Site, etc.).
3.2. The User has the right to:
3.2.1. to obtain information from the Operator regarding the processing of personal data, unless such right is restricted in accordance with the laws of the Republic of Kazakhstan;
3.2.2. to demand that the Operator amends and supplements his/her personal data if there are grounds, confirmed by the relevant documents;
3.2.3. to demand the Operator, as well as third parties to block their personal data in case they are aware of violations of the terms of personal data collection and processing;
3.2.4. to demand the Operator as well as third parties to delete their personal data, which was collected and processed in violation of the laws of the Republic of Kazakhstan, as well as in other cases stipulated by the regulatory legal acts of the Republic of Kazakhstan;
3.3. The User has the right to withdraw the previously given consent to the operator's processing of personal data by sending a written request to the operator's e-mail address firstname.lastname@example.org or to Kazakhstan, Astana, Esil area, Kerey Street, Zhanibek Khandar, building 18, apt. 1, postal code Z05K4F8.
3.4. The User or his legal representative may not withdraw his consent to the collection, processing of personal data in cases where it contradicts the laws of the Republic of Kazakhstan, or in the presence of unfulfilled obligations to the Operator.
3.5. The User undertakes to monitor changes in the present Policy made by the Operator, in case the User does not agree with the Policy the User must stop using the Site in any way.
4. Ensuring the security of personal data
4.1. Security of personal data processed by the Operator is ensured by implementing legal, organizational and technical measures necessary to ensure the requirements of federal legislation in the field of personal data protection.
4.2. To prevent unauthorized access to personal data, the Operator shall apply the following organizational and technical measures:
- appointment of officials responsible for organizing the processing of personal data;
- restricting the number of persons having access to personal data;
- issuance of internal regulatory documents of the Operator on personal data protection and processing, and establishing procedures aimed at prevention and detection of violations of the legislation of the Republic of Kazakhstan, and elimination of their consequences;
- familiarize those responsible for the organization of personal data processing with the requirements of federal legislation and the Operator's internal regulatory documents on personal data processing;
- organization of accounting, storage and circulation of data carriers;
- delimitation of user access to information resources and software and hardware for information processing
- registration and accounting of actions of users of personal data information systems;
- use of anti-virus and recovery tools of personal data protection system;
- arrangement of restricted access to the personal data processing premises on the Operator's premises.
5. Dispute Resolution
5.1. Before filing a claim with the court for any disputes arising out of relations between the Site's User and the Operator, the claim (written offer to settle the dispute voluntarily) shall be obligatory.
5.2. The recipient of the claim shall notify the claimant of the results of the claim in writing within 30 (thirty) calendar days after receipt of the claim.
5.3. If the agreement is not reached, the dispute will be referred to the judicial authority in accordance with the current legislation of the Republic of Kazakhstan.
5.4. The current legislation of the Republic of Kazakhstan shall apply to this Policy and relations between the User and the Operator.
6. Additional conditions
6.1. All issues related to the processing of personal data not regulated by this Policy shall be resolved in accordance with the applicable laws of the Republic of Kazakhstan in the field of personal data.
6.2. The Operator has the right to make changes to this Policy at any time without notifying the User, as well as without any coordination of changes with the User.
6.3. A new version of this Policy comes into force as soon as it is posted on the Site, unless the new version of this Policy stipulates otherwise.
6.3.1. A new version of this Policy comes into force as soon as it is posted on the Site, unless the new version of this Policy stipulates otherwise to Kazakhstan, Astana, Esil area, Kerey Street, Zhanibek Khandar, building 18, apt. 1, postal code Z05K4F8.
6.4. The current Policy is available on the Internet at https://artsofte.com/data-policy-eng
Republic of Kazakhstan, Astana
Date of posting on the Internet and entry into force of this revision:
01.08.2023 г .