Policy the processing of personal data
1. GENERAL PROVISIONS The policy of personal data processing (hereinafter-the Policy) is developed in accordance with the Federal law of 27.07.2006 . №152 – FZ "on personal data" (hereinafter-FZ-152).
This Policy defines the procedure for processing personal data and measures to ensure the security of personal data in "Ivista hotel Service", (hereinafter – the Operator) in order to protect the rights and freedoms of man and citizen in the processing of his personal data, including the protection of rights to privacy, personal and family secrets.
The Policy uses the following basic concepts: - automated processing of personal data - processing of personal data using computer technology;
- blocking of personal data-temporary termination of processing of personal data (except for cases when processing is necessary to clarify personal data);
- information system of personal data - a set of personal data contained in databases, and providing their processing of information technology and technical means;
- depersonalization of personal data - actions, as a result of which it is impossible to determine, without the use of additional information, the ownership of personal data to a specific subject of personal data;
- processing of personal data - any action (operation) or a set of actions (operations) performed using automation or without the use of such means with personal data, including collection, recording, systematization, accumulation, storage, clarification (update, change), extraction, use, transfer (distribution, provision, access), depersonalization, blocking, deletion, destruction of personal data;
- operator - state body, municipal body, legal or natural person, independently or jointly with other persons organizing and (or) carrying out the processing of personal data, as well as determining the purpose of processing of personal data, the composition of personal data to be processed, actions (operations) performed with personal data;
- personal data – any information relating to a directly or indirectly defined or identifiable natural person (subject of personal data);
- provision of personal data-actions aimed at disclosure of personal data to a certain person or a certain circle of persons;
- distribution of personal data - actions aimed at the disclosure of personal data to an indefinite circle of persons (transfer of personal data) or to familiarize with personal data of an unlimited number of persons, including the disclosure of personal data in the media, placement in information and telecommunication networks or providing access to personal data in any other way;
- cross-border transfer of personal data - transfer of personal data to the territory of a foreign state to the authority of a foreign state, to a foreign natural or foreign legal entity;
- destruction of personal data - actions as a result of which it is impossible to restore the content of personal data in the information system of personal data and (or) as a result of which material carriers of personal data are destroyed;
The company is obliged to publish or otherwise provide unlimited access to this personal data processing Policy in accordance with part 2 of article 18.1. FZ-152.
2. PRINCIPLES AND CONDITIONS OF PERSONAL DATA PROCESSING
2.1 Principles of personal data processing The processing of personal data by the Operator is based on the following principles:
- legality and fairness;
- limitations of personal data processing to the achievement of specific, pre-defined and lawful purposes;
- prevention of processing of personal data incompatible with the purposes of collecting personal data;
- prevention of combining databases containing personal data, processing of which is carried out for the purposes incompatible with each other;
- processing only those personal data that meet the purposes of their processing;
- compliance of the content and volume of personal data processed with the stated purposes of processing;
- prevention of processing of personal data excessive in relation to the stated purposes of their processing;
- ensuring the accuracy, sufficiency and relevance of personal data in relation to the purposes of personal data processing;
- destruction or depersonalization of personal data upon achievement of the purposes of their processing or in case of loss of the need to achieve these goals, if the Operator is unable to eliminate the violations of personal data, unless otherwise provided by Federal law.
2.2 Personal data processing Conditions The operator shall process personal data in the presence of at least one of the following conditions:
- processing of personal data is carried out with the consent of the subject of personal data to the processing of his personal data;
- processing of personal data is necessary to achieve the goals stipulated by the international Treaty of the Russian Federation or the law, for the implementation and performance of the functions, powers and obligations imposed by the legislation of the Russian Federation on the operator;
- processing of personal data is necessary for the implementation of justice, the execution of a judicial act, an act of another body or official to be executed in accordance with the legislation of the Russian Federation on enforcement proceedings;
- processing of personal data is necessary for the execution of the agreement, the party or beneficiary or guarantor of which is the personal data subject, as well as for the conclusion of the agreement on the initiative of the personal data subject or the agreement under which the personal data subject will be the beneficiary or guarantor;
- 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 goals, provided that the rights and freedoms of the personal data subject are not violated;
- processing of personal data is carried out, access of an unlimited number of persons to which is provided by the subject of personal data or at his request (further
- public personal data);
- processing of personal data subject to publication or mandatory disclosure in accordance with the Federal law.
2.3 Confidentiality of personal data The operator and other persons who have 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.
2.4 Public sources of personal data For the purpose of information support, the Operator can create public sources of personal data of subjects, including directories and address books. With the written consent of the subject, public sources of personal data may include his / her name, surname, patronymic, date and place of birth, position, contact phone numbers, e-mail address and other personal data reported by the subject of personal data.
Information about the subject should be excluded from public sources of personal data at any time at the request of the subject or by a court decision or other authorized state bodies.
2.5 Special categories of personal data The processing by the Operator of special categories of personal data relating to race, nationality, political views, religious or philosophical beliefs, state of health, sexual life, is allowed in cases where:
- the subject of personal data has given consent in writing to the processing of their personal data;
- personal data are made public by the subject of personal data;
- processing of personal data is carried out in accordance with the legislation on state social assistance, labor legislation, the legislation of the Russian Federation on pensions for state pension provision, labor pensions;
- processing of personal data is necessary to protect the life, health or other vital interests of the personal data subject or the life, health or other vital interests of other persons and obtaining the consent of the personal data subject is impossible;
- processing of personal data is carried out for medical and preventive purposes, in order to establish a medical diagnosis, provide medical and medical social services, provided that the processing of personal data is carried out by a person professionally engaged in medical activities and is obliged in accordance with the legislation of the Russian Federation to maintain medical secrecy;
- processing of personal data is necessary to establish or exercise the rights of the subject of personal data or third parties, as well as in connection with the administration of justice;
- processing of personal data is carried out in accordance with the legislation on compulsory types of insurance, with the insurance legislation.
The processing of special categories of personal data shall be immediately terminated if the reasons for their processing have been eliminated, unless otherwise provided by Federal law.
Processing of personal data on criminal records may be carried out by the Operator only in cases and in the manner determined in accordance with Federal laws.
2.6 Biometric personal data Information that characterize physiological and biological features of a person, on the basis of which it is possible to establish his identity - biometric personal data - can be processed by the Operator only with the consent in writing of the subject.
2.7 The Order of processing of personal data by another person The operator has the right to entrust the processing of personal data to another person with the consent of the personal data subject, unless otherwise provided by the Federal law, on the basis of the contract concluded with that person. The person processing personal data on behalf of the Operator is obliged to comply with the principles and rules of processing of personal data provided by the Federal law-152.
2.8 Cross-Border transfer of personal data The operator is obliged to ensure that the foreign state to which the transfer of personal data is intended is provided with adequate protection of the rights of the subjects of personal data, prior to the start of such transfer.
Cross-border transfer of personal data in the territory of foreign States that do not provide adequate protection of the rights of personal data subjects may be carried out in the following cases: consent in writing
- of the personal data subject to cross-border transfer of his / her personal data;
- execution of the agreement, to which the subject of personal data is a party.
3. RIGHTS OF THE DATA SUBJECT
3.1 Consent of the personal data subject to the processing of his / her personal data The subject of personal data takes the decision on granting his / her personal data and gives consent to the processing of their freely of their own will and in their interest. Consent to the processing of personal data may be given by the subject of personal data or his representative in any form that allows to confirm the fact of its receipt, unless otherwise provided by Federal law.
The obligation to provide proof of obtaining the consent of the personal data subject to the processing of his personal data or proof of the grounds specified in the Federal law-152 rests with the Operator.
3.2 rights of the personal data subject
The personal data subject has the right to receive information from the Operator regarding the processing of his personal data, if such right is not limited in accordance with Federal laws. The personal data subject has the right to require the operator to clarify his personal data, block or destroy Them if the personal data are incomplete, outdated, inaccurate, illegally obtained or are not necessary for the stated purpose of processing, as well as to take measures provided by law to protect their rights.
Processing of personal data in order to promote goods, works and services on the market by means of direct contacts with potential consumers via means of communication, as well as for political campaigning is allowed only with the prior consent of the personal data subject. The said processing of personal data is recognized to be carried out without the prior consent of the personal data subject, if the Company does not prove that such consent was obtained.
The operator is obliged to immediately stop the processing of personal data for the above purposes at the request of the subject of personal data.
It is prohibited to make decisions on the basis of exclusively automated processing of personal data that generate legal consequences in relation to the subject of personal data or otherwise affect his rights and legitimate interests, except in cases provided for by Federal laws, or with the consent in writing of the subject of personal data.
If the personal data subject believes that the Operator processes his personal data in violation of the requirements of the Federal law-152 or otherwise violates his rights and freedoms, the personal data subject has the right to appeal the actions or omissions of the Operator to the Authorized body for the protection of the rights of personal data subjects or in court.
The subject of personal data has the right to protect their rights and legitimate interests, including compensation for damages and (or) compensation for moral damage in court.
4. SECURITY OF PERSONAL DATA The security of personal data processed by the Operator is ensured by the implementation of legal, organizational and technical measures necessary to ensure the requirements of Federal legislation in the field of personal data protection.
To prevent unauthorized access to personal data, the Operator applies the following organizational and technical measures:
- appointment of officials responsible for the organization of processing and protection of personal data;
- restriction of the composition of persons with access to personal data;
- familiarization of subjects with the requirements of Federal legislation and regulatory documents of the Operator on processing and protection of personal data;
- organization of accounting, storage and circulation of information carriers;
- identification of threats to the security of personal data during their processing, the formation of threat models based on them;
- development of a system of personal data protection based on the threat model;
- verification of readiness and effectiveness of the use of information security;
- differentiation of users ' access to information resources and software and hardware information processing;
- registration and accounting of actions of users of information systems of personal data;
- the use of antivirus tools and means of restoring the system of protection of personal data;
- application of means of inter-network shielding, intrusion detection, security analysis and cryptographic protection of information in necessary cases;
- organization of access to the Operator's territory, protection of premises with technical means of personal data processing.
5. FINAL PROVISIONS Other rights and obligations of the Operator as a personal data operator are determined by the legislation of the Russian Federation in the field of personal data.
The officials of the Operator who are guilty of violation of the rules governing the processing and protection of personal data shall bear material, disciplinary, administrative, civil or criminal liability in accordance with the procedure established by Federal laws.