Personal data processing policy
1. General Provisions
1.1. This Policy regarding the processing of personal data (hereinafter referred to as the "Policy") has been prepared in accordance with clause 2 of part 1 of article 18.1 of the Federal Law of the Russian Federation "On Personal Data" No. 152-FZ dated July 27, 2006 (hereinafter referred to as the "Law") and defines the principles and conditions of RTD LLC (hereinafter referred to as the Aggregator) in the field of processing and protection of personal data (hereinafter referred to as personal data), in relation to the observance of rights and freedoms, describes the features of the collection, storage, use and transfer of personal data, the requirements for their protection, as well as information on the rights of persons to whom the relevant personal data relates.
1.2. Access to this Policy is provided by posting it on the website at: https://incomarkt.com/politika-obrabotki-personalnyh-dannyh .
1.3. Activities related to the work with personal data are an integral part of the Operator's activities.
1.4. Personal data means any information related directly or indirectly to a specific or identifiable individual (hereinafter referred to as the User).
1.5. The processing of personal data means any action (operation) or a set of actions (operations) with personal data performed using automation tools and / or without using such tools. Such actions (operations) include, in particular: collection, recording, systematization, accumulation, storage, clarification (update, change), extraction, use, transfer (provision, access), depersonalization, blocking, deletion, destruction of personal data.
1.6. Personal data security means the protection of personal data from unauthorized and / or unauthorized access to them, destruction, alteration, blocking, copying, provision, dissemination of personal data, as well as from other illegal actions in relation to personal data.
1.7. The Policy applies to all actions related to the processing of personal data on the website incomarkt.com (hereinafter referred to as the Site), the Contact Center of the Aggregator, in the information systems of the Aggregator. All terms used in this document have the meaning used in the Law and the User Agreement posted on the Internet at: https://incomarkt.com/ polzovatelskoe-soglashenie .
1.8. When placing an Order and registering on the Site, creating an Account, the User, through the appropriate functionality of the Site, consents to the processing of his personal data, in the manner and on the conditions described in the Policy and provided for by applicable law. The use of the Site or the Contact Center by the User also means their unconditional agreement with the rules of the Policy and the conditions for processing personal data specified therein. If the User does not agree with the terms of this Policy, the User should refrain from using the Site and Contact Center.
1.9. This Policy applies to personal data received both before and after the entry into force of this Policy.
2. Legal grounds and purposes of personal data processing by the Aggregator
2.1. The Aggregator processes and ensures the security of personal data for the implementation of functions, powers and duties assigned to the Aggregator by the legislation of the Russian Federation, including, but not limited to, in accordance with the Constitution of the Russian Federation, federal laws, in particular Federal Law No. 152-ФЗ dated 27 July 2006 "On Personal Data", bylaws, other federal laws of the Russian Federation that determine the cases and features of the processing of these personal data, guidelines and methodological documents of the Federal Service for Technical and Export Control and the Federal Security Service, as well as the Civil Code of the Russian Federation, Tax the Code of the Russian Federation, Law of the Russian Federation No. 2300-1 of February 7, 1992 "On Protection of Consumer Rights", Federal Law No. 402-FZ of December 6, 2011 "On Accounting", as well as the statute and local acts of the Aggregator.
2.2. The aggregator is the operator of personal data in accordance with the Law.
2.3. The processing of personal data can be carried out by the Aggregator in the following cases and on the following legal grounds:
2.3.1. processing of personal data is carried out only with the consent of the subject of personal data, expressed in any form that allows confirming the fact of obtaining consent, including by the methods specified in clause 1.8. this Policy;
2.3.2. in order to achieve the goals provided for by an international treaty of the Russian Federation or by law, for the implementation and implementation of those imposed by legislationthe government of the Russian Federation on the operator of personal data of functions, powers and duties;
2.3.3. for the execution of the contract for the sale of the Goods, or another contract between the Seller and the User who has the necessary legal capacity and intends to place or place an Order through the Site, the party to which is either the beneficiary or the guarantor of which the subject of personal data is, as well as to conclude an agreement on the initiative of the subject of personal data or an agreement, according to which the subject of personal data will be the beneficiary or guarantor;
2.3.4. for the purpose of executing the User Agreement https://incomarkt.com/polzovatelskoe-soglashenie when using the Site;
2.3.5. to exercise the rights and legitimate interests of the Operator or third parties or to achieve socially significant goals, provided that this does not violate the rights and freedoms of the subject of personal data;
2.3.6. for statistical or other marketing and research purposes, subject to mandatory depersonalization of personal data, incl. in connection with the need to achieve the specified in paragraphs. 2.3.4. goals.
2.4. The subjects of personal data processed through the Site and the employees of the Aggregator's Contact Center are, among other things, the User and the recipients of the Goods (if the User has indicated another person as the recipient of the Goods); any other individuals applying to the Aggregator with statements, appeals, complaints, requirements.
2.5. The aggregator processes personal data, including the following persons.
2.5.1. Users for the purposes of:
● conclusion and execution of contracts, one of the parties to which is the User, in accordance with the Terms of order and delivery of goods, including a retail sale and purchase agreement concluded remotely on the Site, an agreement for the provision of services for a fee;
● providing information about products, promotions and special offers;
● informing about the status of the Order;
● fulfillment of the Seller's instructions regarding the collection and transfer of funds to him for the Goods;
● posting by the User reviews of the Products and / or Sellers;
● analysis of the quality of the service provided by the Aggregator and improvement of the quality of service for Users;
● identification of the User in promotions, ensuring the procedure for accrual, accounting, use of bonus points of User loyalty programs;
● fulfillment by the Aggregator of its obligations to hold shares; fulfillment of other conditions of the User Agreement;
● in any other cases directly provided for by applicable law.
2.5.2. Recipients of the Products purchased by Users for the delivery of such Products;
2.5.3. Other persons contacting the Aggregator with statements about the alleged violation of their rights and the rights of third parties in order to process incoming applications, transfer information about the received applications to persons whose actions could presumably lead to a violation of the relevant rights, assistance in resolving claims, making a decision on the application measures of responsibility to Sellers or Users provided for by the User Agreement, the Terms of Order and Delivery of Goods, and other user documents of the Site.
2.5.4. All Users of the Site in order to fulfill the User Agreement when using the Site, analyze and improve the quality of service for Users.
2.5.5. Employees of the Aggregator in order to implement labor agreements in accordance with the Legislation of the Russian Federation.
2.5.6. Contractors of the Aggregator, the processing of personal data of which is carried out as part of the implementation of contractual relations between the parties.
3. Categories of personal data processed by the Aggregator
3.1. The aggregator processes the following categories of personal data of Users, recipients of the Goods: information obtained during registration and ordering (last name, first name, patronymic, phone number, email address, cookie), information obtained during interaction with the User (gender, age, passport data , data of means of payment, city of residence and / or address), in connection with the placement or execution of the User's Orders (information about the method of delivery of the Goods, the method and state of payment for the Goods, and if the final recipient of the Goods differs from the User, also the last name, first name, patronymic, delivery address and recipient's phone number), about the User's claims (transmitted by the User through the Site, the Aggregator's Contact Center or otherwise through the Aggregator), reviews posted by the User about the Products and / or Sellers.
3.2. The Aggregator processes the following categories of personal data of personal data subjects who contact the Aggregator with statements of alleged violation of their rights: last name, first name, patronymic, passport data (dataother identity document), contact information (telephone and (or) fax numbers, e-mail address) of the copyright holder or another person whose right was allegedly violated, and (or) the applicant, if he acts as an authorized representative of the copyright holder or another person , whose right was allegedly violated, information about the applications received, the course and the result of their consideration.
3.3. The personal data specified in the paragraphs of this section above can be obtained by the Aggregator in one of the following ways:
● provided by subjects of personal data by filling out the appropriate forms on the Site, by sending correspondence or emails to the email addresses of the Aggregator;
● received from third parties in the cases provided for in this Section. In particular, the User's personal data can be obtained by the Aggregator directly from the Sellers or other counterparties of the Aggregator in connection with the execution of the Seller's orders and (or) the performance of other actions stipulated by the current legislation.
4. Principles and conditions for the processing of personal data
4.1. When processing personal data, the Aggregator adheres to the following principles:
● processing of personal data is carried out on a legal basis;
● personal data is not disclosed to third parties and is not disseminated without the consent of the subject of personal data, with the exception of cases provided for by Russian legislation;
● determination of specific legal purposes before the start of processing (including collection) of personal data;
● combining databases, including databases containing personal data, the processing of which is carried out for purposes incompatible with each other, is not allowed;
● processing of personal data is limited to the achievement of specific, predetermined and legitimate purposes;
● the processed personal data are subject to destruction or depersonalization upon revocation of consent to their processing by the subject of personal data, upon achievement of the processing goals or in case of loss of the need to achieve these goals, unless otherwise provided by federal law;
● the content and volume of the processed personal data correspond to the stated purposes of the processing. The processed personal data is not redundant in relation to the stated purposes of processing;
● when processing personal data, the accuracy of personal data and their sufficiency is ensured, if necessary, and the relevance of personal data in relation to the stated purposes of their processing;
● storage of personal data is carried out in a form that makes it possible to determine the subject of personal data no longer than the purpose of processing personal data requires, if the storage period of personal data is not established by federal law, an agreement to which the subject of personal data is a party, beneficiary or guarantor.
4.2. The aggregator does not process personal data concerning race, nationality, political views, religious, philosophical and other beliefs, health status, personal life, membership in public associations, including trade unions, biometric data. The aggregator does not perform voice input and verification of personal data using unprotected data transmission channels. The transfer of data by subjects of personal data to employees of the Contact Center is voluntary and implies that the data received will be used in accordance with this Policy.
4.3. The aggregator provides recording, systematization, accumulation, storage, clarification (update, change), extraction of personal data using databases located on the territory of Russia, and does not carry out cross-border transfer of personal data.
4.4. The aggregator has the right to entrust the processing of personal data to third parties with the consent of the subject of personal data, expressed by granting consent, on the basis of an agreement concluded with such third parties, in the following cases:
● to process requests from Users, third parties through voice and non-voice communication channels, including e-mail, online chat, applications for mobile devices and (or) social networks;
● in order to deliver the Goods to Users and Recipients;
● in order to collect funds in payment for the Goods on behalf of the Seller;
● in order to analyze the quality of the service provided by the Aggregator and improve the quality of service for Users;
● in order to prepare personal offers and terms of service;
● for the purpose of conducting statistical or other marketing research.
4.5. Persons processing personal data on the basis of an agreement (operator's order) concluded with the Aggregator, including Sellers and delivery services, undertake to comply withthe principles and rules for the processing and protection of personal data provided for by the current legislation. For each third party, the contract defines a list of actions (operations) with personal data that will be performed by a third party who processes personal data, the purpose of processing, the obligation of such a person to maintain confidentiality and ensure the security of personal data during their processing, specifies the requirements for the protection of processed personal data in accordance with applicable law.
4.6. The aggregator has the right to transfer personal data to third parties with the consent of the subject of personal data in the following cases:
4.6.1. Sellers for the purposes of executing the User's Order, including in case of receiving a request for the return of funds paid for the Goods, in order to consider claims and return and make a refund, in cases stipulated by the Terms of order and delivery of goods and other sections of the Site, including subject to the receipt by the Aggregator of a statement about the violation of intellectual or other rights of third parties, in order to settle the received claims, in case of receiving other statements, responses, claims, complaints, messages or documents addressed to the Seller, in other cases and for purposes, as described in the Terms of order and delivery of goods;
4.6.2. In order to be able to protect the rights and legitimate interests of the Aggregator or third parties in cases where the subject of personal data violates any conditions of the Site's user documents and (or) this Policy;
4.6.3. On the basis of a judicial act that has entered into force or in cases established by the current legislation;
4.7. In order to fulfill the User Agreement, analyze and improve the quality of service for Users, for statistical or other marketing and research purposes, the Aggregator develops, improves, optimizes and implements new functionality of the Site. To ensure this, the User agrees and instructs the Aggregator to carry out, in compliance with applicable law, processing (including collection, recording, systematization, accumulation, storage, clarification (updating, modification), comparison, extraction, use, depersonalization, blocking, deletion and destruction) of accounting records and any other personal data of the User, including those at the disposal of the counterparty acting on behalf of the Aggregator, transferring the accounting and any other personal data of the User at the disposal of the Aggregator to the counterparty in execution of such an order for processing and receiving from counterparties based on the processing of analytical information, including the results of automated processing such data, including in the form of integer and / or text values and identifiers.
4.8. The aggregator 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 directly provided for by the legislation of Russia and does not require the consent of the subject of personal data.
4.9. In order to comply with the requirements of the current legislation of Russia and its contractual obligations, the processing of personal data by the Aggregator is carried out both with and without the use of automation tools. The set of processing operations includes the collection, recording, systematization, accumulation, storage, clarification (update, change), extraction, use, transfer (provision, access), depersonalization, blocking, deletion, destruction of personal data.
4.10. The aggregator does not make decisions that give rise to legal consequences in relation to the subject of personal data or otherwise affect his rights and legitimate interests, on the basis of solely automated processing of personal data.
4.11. The aggregator does not check and, as a rule, does not have the ability to check the relevance and reliability of the information provided by the subjects of personal data obtained through the Site. The aggregator assumes that the subjects of personal data, acting reasonably and in good faith, provide reliable and sufficient personal data and keep them up to date.
5. Rights of subjects of personal data
5.1. The subject of personal data, whose personal data is processed by the Aggregator, has the right:
5.1.1. At any time, change (update, supplement) the personal data provided to them by going to the Personal Account in cases when the functionality of the Site allows it;
5.1.2. Delete the personal data provided to them by sending a written notification to the Aggregator indicating the personal data that must be deleted;
5.1.3. Receive from the Aggregator:
● confirmation of the fact of processing personal data and information about the availability of personal data related to complianceto the subject of personal data;
● information on the legal basis and purposes of personal data processing;
● information about the methods of processing personal data used by the Aggregator;
● information about the name and location of the Aggregator;
● information about persons (except for the employees of the Aggregator) who have access to personal data or to whom personal data may be disclosed on the basis of an agreement with the Aggregator or on the basis of federal law;
● processed personal data related to the subject of personal data, and information about the source of their receipt, if another procedure for providing such personal data is not provided for by law;
● information about the terms of processing personal data, including the terms of their storage;
● information on the procedure for the exercise by the subject of personal data of the rights provided for by the legislation on personal data;
● name and address of persons processing personal data on behalf of the Aggregator;
● other information provided by the Law;
5.1.4. Require the Aggregator to clarify its personal data, block or destroy it if the personal data is incomplete, outdated, inaccurate, illegally obtained or is not necessary for the stated purpose of processing;
5.1.5. Withdraw your consent to the processing of personal data at any time by sending an electronic message with an electronic signature to the email address: incomarkt@rtedc.org , or by sending a written notification to the Aggregator. After receiving such a message, the processing of the personal data of the subject of personal data will be terminated, 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, the sending of such a message about the withdrawal of consent by the User will also be considered a notification of a unilateral refusal to execute the relevant Order and entails the impossibility of its execution;
5.1.6. Demand the elimination of illegal actions of the Aggregator in relation to his personal data;
5.1.7. Take measures provided by law to protect their rights and legitimate interests, including compensation for damages and (or) compensation for moral damage in court.
5.2. The rights provided for by the subparagraphs of this Section may be limited in accordance with the requirements of the legislation of the Russian Federation and / or in cases where the Aggregator processes personal data on other legal grounds than the consent of the subject of personal data.
6. Obligations of the Aggregator
6.1. In accordance with the requirements of the Law, the Aggregator is obliged to:
6.1.1. Provide the subject of personal data, upon his request, with information regarding the processing of his personal data, or legally provide a refusal within thirty days from the date of receipt of the request from the subject of personal data or his representative.
6.1.2. At the request of the subject of personal data, clarify, block or delete the processed personal data if the personal data is incomplete, outdated, inaccurate, illegally obtained or is not necessary for the stated purpose of processing within a period not exceeding seven working days from the date the subject provided personal data or a representative of information confirming these facts.
6.1.3. Notify the subject of personal data about the processing of personal data if the personal data was not received from the subject of personal data. The exceptions are the following cases:
● the subject of personal data is notified of the processing by the Aggregator of his personal data;
● personal data received by the Aggregator in connection with the performance of an agreement to which the subject of personal data is a party or beneficiary or guarantor or on the basis of the requirements of the current legislation;
● personal data is made publicly available by the subject of personal data or obtained from a publicly available source;
● The aggregator processes anonymized personal data for statistical or other research purposes, if this does not violate the rights and legitimate interests of the subject of personal data;
● providing the subject of personal data with the information contained in the notification about the processing of personal data violates the rights and legitimate interests of third parties;
6.1.4. If the purpose of processing personal data is achieved, immediately stop processing personal data and destroy the corresponding personal data within a period not exceeding thirty days from the date of achieving the purpose of processing personal data, unless otherwise provided by the contract, the party to which, the beneficiary orand the guarantor for which the subject of personal data is, another agreement between the Aggregator and the subject of personal data, or if the Aggregator is not entitled to process personal data without the consent of the subject of personal data on the grounds provided for by the Law or other federal laws.
6.1.5. If the subject of personal data revokes consent to the processing of his personal data, stop processing personal data and destroy personal data within a period not exceeding thirty days from the date of receipt of the said revocation, unless otherwise provided by an agreement between the Aggregator and the subject of personal data. The Aggregator is obliged to notify the subject of personal data about the destruction of personal data.
6.1.6. In the event of a request from the subject of personal data to stop processing personal data received in order to promote goods, works, services on the market, immediately stop processing personal data;
6.1.7. When collecting personal data, including through the Internet, the Aggregator provides recording, systematization, accumulation, storage, clarification (updating, modification), extraction of personal data of citizens of the Russian Federation using databases located on the territory of the Russian Federation.
7. Protection of personal data
7.1. When processing personal data, the aggregator takes the necessary legal, organizational and technical measures to protect personal data from unauthorized and (or) unauthorized access to them, destruction, modification, blocking, copying, provision, dissemination of personal data, as well as from other illegal actions in relation to personal data.
7.2. Such measures in accordance, in particular, include:
● Appointment of a person responsible for organizing the processing of personal data and a person responsible for ensuring data security.
● Development and approval of local acts on the processing and protection of personal data;
● Application of legal, organizational and technical measures to ensure the security of personal data.
● Control over the measures taken to ensure the security of personal data and the level of protection of information systems of personal data;
● Assessment of harm that may be caused to subjects of personal data in case of violation of the requirements of the legislation on personal data, the ratio of this harm and the measures taken by the Aggregator aimed at ensuring the fulfillment of obligations stipulated by the legislation on personal data.
● Compliance with conditions that exclude unauthorized access to material carriers of personal data and ensure the safety of personal data.
● Familiarization of the employees of the Aggregator who directly process personal data with the provisions of the legislation of the Russian Federation on personal data, including the requirements for the protection of personal data, local acts on the processing and protection of personal data, and training of employees of the Aggregator.
8. Terms of processing (storage) of Personal Data
8.1. The terms of processing (storage) of personal data are determined based on the purposes of processing personal data, in accordance with the duration of contracts with subjects of personal data, the requirements of the current legislation:
● personal data of registered Users is stored for the entire period of validity of the User's Account;
● the personal data of the unregistered User and the recipient of the Goods (if another person is indicated as the recipient of the Goods) are stored for three years from the date of execution of the Order of such User;
● personal data of other persons contacting the Aggregator with statements of alleged violation of their rights, during the entire period of processing and consideration of the relevant claims and within three years from the date of completion of processing and (or) consideration of the claim, unless another limitation period is provided for by law for related disputes.
8.2. Personal data, the processing (storage) period of which has expired, must be destroyed, unless otherwise provided by the legislation of the Russian Federation. The storage of personal data after the termination of their processing is allowed only after their depersonalization.
9. Automatically collected information
9.1. The aggregator may collect and process the following information, including information that is not personal data:
● information about the interests of Users on the Site based on the entered search queries of the Site users about goods sold and offered for sale in order to provide relevant information to Users when using the Site, as well as summarize and analyze information about which sections of the Site and products are in greatest demand among Pusers of the Site;
● information about the interests of the Users of the Contact Center based on the requests received from the Users of the Contact Center in order to provide up-to-date information to Users when using the Contact Center, as well as to summarize and analyze information about what features of the Contact Center are in greatest demand among the Users of the Contact Center ;
● information that forms the system rating of the Seller: User reviews about the Seller, information about the execution of Orders, other information;
9.2. The aggregator processes and stores the search queries of the Site Users in order to summarize and create client statistics on the use of the Site sections.
9.3. The aggregator automatically receives some types of information obtained in the process of interaction of Users with the Site, correspondence by e-mail, etc. (technologies and services such as web protocols, cookies, web marks, and third party applications and tools). At the same time, web marks, cookies and other monitoring technologies do not provide an opportunity to automatically receive personal data. If the Site User at his own discretion provides his personal data, for example, when filling out a feedback form or sending an e-mail, then only then the processes of automatic collection of detailed information are launched for the convenience of using the websites and (or) to improve the interaction with users.
9.4. In the event that the Aggregator has the ability to reasonably correlate the information specified in this Section with the Account of a particular User, then such information can be processed together with the personal data and other personal information of such User.
10. Final provisions
10.1. This Policy and the legal relationship between the User and the Operator, within the framework of this Policy, is subject to the legislation of the Russian Federation.
10.2. All possible disputes are subject to resolution in accordance with the legislation of the Russian Federation at the place of legal registration of the Operator and the location of the Aggregator. Before going to court, the User must comply with the mandatory pre-trial procedure by sending a written complaint to the Aggregator. The term for responding to a claim is 30 (thirty) business days from the date of receipt.
10.3. If, for one reason or another, one or more provisions of the Policy are found invalid or unenforceable, this does not entail the loss of legal force of the remaining provisions of this Policy.
10.4. The Aggregator has the right at any time to change this Policy unilaterally without prior agreement with the User. All changes take effect from the moment this Policy is posted on the Aggregator's Site.
10.5. The user undertakes to independently monitor changes to this Privacy Policy by reviewing the current version.
