Personal data processing policy

1. General Provisions

This policy of processing personal data is compiled in accordance with the requirements of the Federal Law of 27.07.2006. № 152-FL “On Personal Data” and defines the procedure for processing personal data and measures to ensure the security of personal data of SP-CAPITAL LLC.

This Policy determines the procedure for processing personal data and controls to ensure the security of personal data in SP-CAPITAL LLC (hereinafter referred to as the “Company”) in order to protect the rights of subjects when processing their personal data.

Basic concepts used in the Policy:

Automated processing of personal data – processing of personal data by means of computer facilities;
Blocking of personal data – temporary termination of processing of personal data (except for cases when processing is necessary for specification of personal data);
Information system of personal data – a set of personal data contained in databases, and ensuring their processing of information technology and technical means;
The depersonalization of personal data is an action, as a result of which it is impossible to determine without the use of additional information the belonging of personal data to a specific User or other personal data subject;
Personal data processing – any action (operation) or a set of actions (operations) performed using automation tools or without using such tools with personal data, including collection, recording, systematization, accumulation, storage, updating (updating, modification), extraction, use, transfer (distribution, provision, access), depersonalization, blocking, deletion, destruction of personal data;
Operator – a state body, a municipal body, a legal entity or an individual, independently or jointly with other persons organizing and (or) carrying out the processing of personal data, as well as defining the purposes of processing personal data, the composition of the personal data subject to processing, the actions (operations) performed with personal data;
Personal data – any information related directly or indirectly to a certain or determined individual (personal data subject);
Provision of personal data – actions aimed at disclosing personal data to a specific person or a certain circle of persons;
Dissemination of personal data – any actions aimed at disclosing personal data to an indeterminate circle of persons (transfer of personal data) or for acquaintance with personal data of an unlimited number of persons, including promulgation of personal data in the mass media, placement in information and telecommunication networks or provision of access to personal data in any other way;
Cross-border transfer of personal data – the transfer of personal data to the territory of a foreign state to the authority of a foreign state, to a foreign physical or foreign legal entity;
Destruction of personal data – any actions that result in the destruction of personal data irrevocably with the inability to further restore the content of personal data in the personal data information system and (or) result in the destruction of material carriers of personal data..

The Company is obliged to publish or otherwise provide unlimited access to this Privacy Policy in accordance with Part 2 of Art. 18.1 FL-152.2. Principles and conditions of personal data processing

2.1 Principles of personal data processing

Personal data processing in the Company shall be performed based on
the following principles:

– Legality and fair basis;
– Restrictions on personal data processing by the achievement of specific, pre-determined and legitimate purposes;
– Preventing personal data processing incompatible with the purposes of collecting personal data;
– Preventing merging of databases containing personal data processing which is performed for purposes incompatible with each other;
– Processing only those personal data that meet the objectives of their processing;
– Compliance of the content and volume of processed personal data with the stated processing objectives;
– Preventing personal data processing that is redundant in relation to the stated purposes of their processing;
– Ensuring the accuracy, adequacy and relevance of personal data in relation to the purposes of processing personal data;
– Destruction or depersonalization of personal data upon the achievement of the objectives of their processing, in the event of a loss of the need to achieve these goals or if the Company cannot eliminate the violations committed while processing personal data, unless otherwise provided by federal law.

2.2 Conditions of Personal Data Processing

The Company processes personal data if at least one of the following
conditions persists:

– Personal data processing is performed with the consent of the personal data subject to processing their personal data;
– Personal data processing is necessary to achieve the goals set forth in an international treaty of the Russian Federation or the law for the implementation and performance of functions, powers and duties imposed by the applicable laws of the Russian Federation on the operator;
– Personal data processing is necessary for the administration of justice, the execution of a judicial act, an act of another body or official subject to enforcement in compliance with the law of the Russian Federation on enforcement proceedings;
– Personal data processing is necessary for the performance of a contract to which the personal data subject or a beneficiary or guarantor is a party, as well as for the entering into a contract on the initiative of a personal data subject or a contract whereby the personal data subject will be a beneficiary or a guarantor;
– Personal data processing is necessary for the exercise of the rights and legitimate interests of the operator or third parties or for the achievement of socially significant purposes, provided that the rights and freedoms of the personal data subject are not thereby violated;
– Processing personal data, access of an unlimited circle of persons to which is provided by the personal data subject or at their request (hereinafter — publicly available personal data);
– Processing personal data subject to publication or mandatory
disclosure in compliance with federal law.

2.3 Personal Data Confidentiality

The Company and other persons who have access to personal data shall not disclose to third parties or distribute personal data without the consent of the personal data subject, unless otherwise prescribed by a Federal law.

2.4 Publicly Available Personal Data Sources

For the purpose of information support, the Company can create publicly available sources of personal data including directories and address books. In the public sources of personal data with the written consent of the personal data subject their data may include his/her last name, first name, patronymic, date, and place of birth, position, contact phone numbers, e-mail address and other personal data reported by the personal data subject.

Information about the personal data subject shall be deleted at any time from the publicly available sources of personal data at the request of the personal data subject or by a court or other authorized government agency.

2.5 Special Categories of Personal Data

Processing by the Company of special categories of personal data relating to race, nationality, political views, religious or philosophical beliefs, health status, intimate life shall be allowed in cases where:

– Personal data subject has given their consent in writing to the processing of their/her personal data;
– Personal data is made publicly available by the personal data subject;
– Personal data processing is performed in compliance with the applicable laws on state social assistance, labor legislation, the applicable laws of the Russian Federation on pensions for state pension provision, and on labor pensions;
– Personal data processing 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 others and obtaining the consent of the personal data subject is impossible;
– Personal data processing is performed for medical and preventive purposes, with a view to establishing a medical diagnosis, providing medical and medical and social services, provided that personal data processing is performed by a person professionally engaged in medical activities and required to maintain medical secrecy in compliance with the applicable laws of the Russian Federation;
– Personal data processing is necessary to establish or implement the rights of the personal data subject or third parties, as well as in connection with the implementation of justice;
– Personal data processing shall is performed in compliance with the applicable laws on compulsory types of insurance, with applicable insurance laws.

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.

Personal data processing on the criminal record may be performed by the Company only in cases and in the manner determined in compliance with the Federal laws.

2.6 Biometric Personal Data

Information that are descriptive of the physiological and biological characteristics of a person whereby it is possible to establish their identity (biometric personal data) and used by the Company to establish the identity of the personal data subject may be processed by the Company only if there is consent in writing to the personal data subject.

2.7 Another Person to be Instructed to Process Personal Data

The Company shall be entitled to entrust personal data processing to another person with the consent of the personal data subject, unless otherwise provided by the Federal law, based on a contract entered into with that person. A person engaged in the personal data processing on the Company’s behalf shall be required to comply with the principles and rules for personal data processing set forth by the Federal Law No. 152.

2.8 Cross-Border Personal Data Transfer

The company shall ensure that the foreign state to which the transfer of personal data is intended is able and willing to provide adequate protection of the rights of subjects of personal data, prior to the commencement of such transfer.

Cross-border transfer of personal data to the territory of foreign states that do not provide adequate protection of the rights of subjects of personal data may be performed in the following cases:

Consent in writing of the personal data subject to the cross-border transfer of their personal data;
Entering into a contract to which the personal data subject is a party.

3. Rights of the personal data subject

3.1 Consent of the Personal Data Subject to the Processing of Their Personal Data

Personal data subject shall decide on the provision of their personal data and agrees to process thereof freely, by their will and in their interest. Consent to the personal data processing may be given by the personal data subject or their representative in any form that allows confirming the fact of its receipt, unless otherwise provided by the Federal law.

The obligation to provide evidence of the consent of the personal data subject to the processing of their personal data or evidence of the grounds specified in FZ No. 152 shall be vested in the Company.

3.2 Rights of Personal Data Subject

Personal data subject shall be empowered to obtain from the Company information concerning the processing of their personal data, unless such right is restricted in compliance with the Federal laws. The personal data subject shall be entitled to demand from the Company the specification of their personal data, blocking, or destruction thereof in the event that personal data is incomplete, outdated, inaccurate, illegally obtained or is not necessary for the stated purpose of processing, and also take adequate steps provided by applicable laws to protect their rights.

Personal data processing in order to promote goods, works, and services on the market by making direct contacts with a potential consumer by means of communication means, as well as for the purposes of political agitation is allowed only with the prior consent of the personal data subject. The said personal data processing is recognized as being performed without the prior consent of the personal data subject, unless the Company proves that such consent has been obtained prior thereto.

The company shall immediately cease, at the request of the personal data subject, the processing of their personal data for the above purposes.

It is prohibited to make decisions based solely on the automated personal data processing that generate legal consequences with respect to the personal data subject or otherwise affect their rights and legitimate interests, with the exception of cases prescribed by the Federal laws or with the written consent of the personal data subject.

If the personal data subject considers that the Company processes their personal data in violation of the requirements set forth by the Federal Law No. 152 or otherwise violates their rights and freedoms, the personal data subject shall be empowered to appeal against the actions or omission by the Company by filing a complaint with the Authorized body for the protection of the rights of subjects of personal data or judicial procedure.

The personal data subject shall be empowered to protect their rights and legitimate interests including compensation for damages and/or compensation for non-pecuniary damage in court.4. Ensuring personal data security

Personal data security processed by the Company shall be ensured by the implementation of legal, organizational, and technical controls necessary to ensure the requirements of federal legislation in the field of personal data protection.

To prevent unauthorized access to personal data, the Company applies the following organizational and technical measures:

Appointment of officials responsible for organizing processing and ensuring the security of personal data;
Restriction of the composition of persons having access to personal data;
Getting to know of personal data subjects with the requirements of the applicable Federal laws and the Company’s by-laws for the processing and protection of personal data;
Organization of accounting, storage and circulation of information carriers;
Definition of threats to the security of personal data during processing, formation of a threat model on their basis;
Checking the readiness and efficiency of using information security tools;
Differentiation of users’ access to information resources and software and hardware information processing;
Registration and recording of the users’ actions of personal data information systems;
Use of antivirus and tools for restoring the protection of personal data;
Application of firewalls and security analysis tools in necessary cases;
Ensuring access control on the Company’s territory, protection of premises with technical means of processing personal data.

5. Final Provisions

Other rights and obligations of the Company as an operator of personal data shall be determined by the applicable laws of the Russian Federation in the field of personal data

Officials of the Company who are guilty of violating the rules governing the processing and protection of personal data shall be subject to material, disciplinary, administrative, civil or criminal liability in compliance with the procedure established by the applicable Federal laws.

«SP-CAPTAL» LLC

Адрес: 123112, город Москва, Пресненская набережная,

дом 6 строение 2, этаж 44 помещение 4414

ОГРН: 1177746563576

ИНН: 7703428522

КПП: 770301001