Privacy Policy
1. General Provisions
1.1. This Privacy Policy (hereinafter referred to as the Policy) is developed in accordance with the requirements of Federal Law No. 152-FZ of 27.07.2006 "On Personal Data" (hereinafter referred to as the Law on Personal Data) in order to ensure the protection of human and civil rights and freedoms when processing his personal data, including the protection of rights to privacy, personal and family secrets.
1.2. The Policy applies to all personal data processed by the individual entrepreneur Dzhelilova Diana Magomedovna, TIN 051203521556 (hereinafter referred to as the Operator).
1.3. The Policy applies to relations in the field of personal data processing that arose for the Operator both before and after the approval of this Policy.
In fulfillment of the requirements of Part 2 of Article 18.1 of the Law on Personal Data, this Policy is made publicly available at the Operator's place of business at: https://byjelia.com.
1.4. Key terms used in the Policy:
- personal data - any information relating to a directly or indirectly identified or identifiable individual (hereinafter referred to as the Personal Data Subject);
- personal data operator (Operator) - an individual who, independently or jointly with other persons, organizes and (or) carries out the processing of personal data, and also determines the purposes of personal data processing, the composition of personal data subject to processing, and the actions (operations) performed with personal data;
- personal data processing - any action (operation) or a set of actions (operations) with personal data performed using automation tools or without them. Personal data processing includes, but is not limited to: collection; recording; systematization; accumulation; storage; clarification (updating, changing); extraction; use; transfer (distribution, provision, access); deletion; destruction.
- automated personal data processing - processing of personal data using computer technology;
- personal data distribution - actions aimed at disclosing personal data to an indefinite circle of persons;
- personal data provision - actions aimed at disclosing personal data to a specific person or a specific circle of persons;
- personal data blocking - temporary suspension of personal data processing (except in cases where processing is necessary to clarify personal data);
- personal data destruction - actions as a result of which it becomes impossible to restore the content of personal data in the personal data information system and (or) as a result of which the material carriers of personal data are destroyed;
personal data anonymization - actions as a result of which it becomes impossible without the use of additional information to determine the attribution of personal data to a specific Personal Data Subject;
- personal data information system - a set of personal data contained in databases and the information technologies and technical means ensuring their processing;
- cookies - a small piece of text sent by a server and stored on the User's computer. Cookies allow collecting data about viewing certain pages.
1.5. Main rights and obligations of the Operator.
1.5.1. The Operator has the right:
- to independently determine the composition and list of measures necessary and sufficient to ensure the fulfillment of obligations stipulated by the Law on Personal Data and regulatory legal acts adopted in accordance with it, unless otherwise provided by the Law on Personal Data or other federal laws;
- to entrust the processing of personal data to another person with the consent of the Personal Data Subject, unless otherwise provided by federal law, on the basis of an agreement concluded with this person. The person processing personal data on behalf of the Operator is obliged to comply with the principles and rules of personal data processing stipulated by the Law on Personal Data;
- in case of withdrawal of consent to the processing of personal data by the Personal Data Subject, the Operator has the right to continue processing personal data without the consent of the Personal Data Subject if there are grounds specified in the Law on Personal Data.
1.5.2. The Operator is obliged:
- to organize the processing of personal data in accordance with the requirements of the Law on Personal Data;
- to respond to the appeals and requests of Personal Data Subjects and their legal representatives in accordance with the requirements of the Law on Personal Data;
- to inform the authorized body for the protection of the rights of Personal Data Subjects (Federal Service for Supervision of Communications, Information Technologies and Mass Media (Roskomnadzor)) upon the request of this body with the necessary information within 30 days from the date of receipt of such request.
1.6. Main rights of the Personal Data Subject. The Personal Data Subject has the right:
- to receive information concerning the processing of his personal data, except in cases provided for by federal laws. Information is provided to the Personal Data Subject by the Operator in an accessible form, and it should not contain personal data relating to other Personal Data Subjects, except in cases where there are legal grounds for disclosing such personal data. The list of information and the procedure for its receipt are established by the Law on Personal Data;
- to demand from the operator clarification of his personal data, their blocking or destruction in case the personal data is incomplete, outdated, inaccurate, illegally obtained or not necessary for the stated purpose of processing, as well as to take measures provided for by law to protect his rights;
- to set a condition of prior consent when processing personal data for the purpose of promoting goods, works and services on the market;
- to appeal to Roskomnadzor or in court the unlawful actions or inaction of the Operator in processing his personal data.
1.7. Control over the fulfillment of the requirements of this Policy is carried out by an authorized person responsible for organizing the processing of personal data at the Operator.
1.8. Liability for violation of the requirements of the legislation of the Russian Federation in the field of personal data processing and protection is determined in accordance with the legislation of the Russian Federation.
1.9. This Policy applies to all information that the Operator may receive about visitors to the Site, clients, contractors and their representatives.
2. Purposes of personal data collection
2.1. Personal data processing is limited to achieving specific, predetermined and lawful purposes. The Operator's most important goal and condition for carrying out its activities is to ensure the rights and freedoms of man and citizen when processing his personal data, including the protection of rights to privacy, personal and family secrets. Processing of personal data incompatible with the purposes of personal data collection is not allowed.
2.2. Only personal data that meets the purposes of their processing is subject to processing.
2.3. The Operator processes personal data for the following purposes:
- carrying out activities for the sale of goods by distance, оформление, processing and execution of User orders;
- conclusion, execution, amendment and termination of civil law contracts with Users;
- organization of payment for goods, delivery of orders, return of goods and funds;
- providing the User with information about goods, orders, delivery, payment, order fulfillment status, as well as processing appeals, requests and claims;
- providing the User with access to the Site's services, functionality and materials;
- fulfillment of obligations imposed on the Operator by the legislation of the Russian Federation, including legislation on personal data, tax legislation, accounting legislation and consumer protection legislation;
- sending informational and advertising messages to the User about goods, special offers, promotions, new products and other marketing materials, if there is appropriate consent;
- analyzing the use of the Site, improving the quality of its work, user experience and functionality of services using web analytics tools;
- protection of the Operator's rights and legitimate interests, prevention of fraudulent activities and ensuring the security of the Site.
3. List of actions performed by the personal data operator
3.1. The Operator has the right to perform the following actions with the received personal data, taking into account the purposes of their processing: collection, recording, systematization, accumulation, storage, clarification, extraction, use, deletion, destruction, as well as transfer to third parties/organizations.
4. Legal grounds for personal data processing
4.1. The legal basis for personal data processing is a set of regulatory legal acts, in fulfillment of which and in accordance with which the Operator carries out personal data processing, including:
- Constitution of the Russian Federation;
- Civil Code of the Russian Federation;
- Tax Code of the Russian Federation;
- other regulatory legal acts regulating relations related to the Operator's activities.
The legal basis for personal data processing also includes:
- contracts concluded between the Operator and Users;
- consent of Personal Data Subjects to the processing of their personal data.
4.2. The Operator processes personal data with the Subject's consent.
4.3. The Subject provides consent by filling out forms on the Site, placing an order, subscribing to a newsletter, or in any other way that allows confirmation of the fact of consent receipt.
4.4. If personal data can only be obtained from a third party, the personal data subject must be notified in advance in accordance with Part 3 of Article 18 of Federal Law No. 152-FZ "On Personal Data". The Operator may not notify about obtaining personal data of the personal data subject in cases where:
- personal data is obtained in connection with the execution of a contract to which the personal data subject is a party, or the beneficiary or guarantor;
- personal data is obtained from a publicly available source;
- in other cases provided for by the legislation of the Russian Federation.
4.5. Obtaining the consent of the personal data subject is not required if the Operator processes personal data based on a contract (instruction for processing personal data) concluded with the operator of these personal data.
4.6. By agreeing to the processing of personal data, the Subject:
- expresses Consent to the processing of personal data without reservations and limitations;
- confirms that all data provided by him are accurate and belong to him personally;
- confirms that, by giving Consent, he acts freely, of his own will and in his own interest.
5. Scope and categories of personal data processed, categories of Personal Data Subjects
5.1. The content and scope of personal data processed must correspond to the stated purposes of processing specified in Section 2 of this Policy. Processed personal data should not be excessive in relation to the stated purposes of their processing.
5.2. The Operator may process personal data of the following categories of personal data subjects:
- clients, contractors (individuals, individual entrepreneurs and legal entities (including their representatives)): surname, name, patronymic, contact details, including email address, phone numbers, bank details and other personal data provided by Users, necessary for the conclusion and execution of contracts, as well as for the Operator's compliance with the legislation of the Russian Federation.
- website visitors (individuals, individual entrepreneurs and legal entities (including their representatives)): surname, name, patronymic, contact details, including email address, phone numbers, provided by Users, necessary for the purposes of promoting the Operator's goods and services.
5.2.1. The Operator may process personal data of the following personal data subjects:
- clients and contractors of the Operator and their representatives;
- visitors to the Operator's website(s).
5.3. The Operator does not process special categories of personal data relating to racial, national origin, political views, religious or philosophical beliefs, state of health, except in cases provided for by the legislation of the Russian Federation.
5.4. The Site also collects and processes anonymized data about visitors (including "cookies") using Internet statistics services (Yandex.Metrica), namely: IP address; information from cookies, browser information, time of access to the site, address of the page where the advertising block is located, referrer (address of the previous page) and other data.
Using this data, information about visitor actions on the site is collected with the aim of improving its content, improving the functional capabilities of the site and, as a consequence, creating high-quality content and services for visitors.
The personal data subject can change their browser settings at any time so that all cookies are blocked or a notification about their sending is displayed. At the same time, the subject must understand that some functions and services of the Project may not work properly.
6. Procedure and conditions for personal data processing
6.1. Personal data processing is carried out by the Operator in accordance with the requirements of the legislation of the Russian Federation.
6.2. The Operator carries out both automated and non-automated processing of personal data.
6.3. Personal data processing is carried out by:
- obtaining personal data in writing directly from Personal Data Subjects;
- entering personal data into the Operator's logs, registers and information systems;
- using other methods of personal data processing.
6.4. The Operator has the right to transfer the Subject's personal data to partners involved in providing services, as well as to government bodies if required by law, including credit institutions and payment services that ensure payment processing, companies providing services for sending informational and advertising messages (e.g., Unisender service), courier and transport companies delivering goods, exclusively to the extent necessary to achieve the processing purposes.
6.5. Requirements for the content of consent to the processing of personal data allowed by the Personal Data Subject for distribution are approved by Order of Roskomnadzor No. 18 of 24.02.2021.
6.5.1. The Operator processes anonymized data about the User if this is allowed in the User's browser settings (saving "cookies" and using JavaScript technology are enabled).
6.6. Transfer of personal data to inquiry and investigation bodies, to the Federal Tax Service, the Pension Fund of the Russian Federation, the Social Insurance Fund and other authorized executive bodies and organizations is carried out in accordance with the requirements of the legislation of the Russian Federation.
6.7. The Operator has the right to transfer data to third parties in the following cases:
- transfer is necessary for the execution of a purchase and sale agreement, delivery of goods, processing of payments or functioning of Site services;
- transfer is required in accordance with the purposes of data processing;
- to protect the Operator's rights and legitimate interests in connection with violations committed by the User.
6.8. The Operator takes the necessary legal, organizational and technical measures to protect personal data from unauthorized or accidental access, destruction, modification, blocking, distribution and other unauthorized actions, including:
- identifies threats to the security of personal data during their processing;
- develops documents regulating relations in the field of personal data processing and protection;
- creates the necessary conditions for working with personal data;
- organizes accounting of documents containing personal data;
- organizes work with information systems in which personal data is processed;
- stores personal data under conditions that ensure their safety and exclude unauthorized access to them;
- when involving employees or other persons in the processing of personal data, the Operator ensures their familiarization with the requirements of the legislation of the Russian Federation for the processing of personal data.
6.9. The Operator stores personal data in a form that allows the Personal Data Subject to be identified, no longer than required by the purposes of personal data processing, unless the personal data retention period is established by federal law or contract.
6.10. Data centers are used for data storage (hereinafter referred to as Data Centers):
– the Operator's own storage facilities (personal computer) located in the Russian Federation;
– a third-party Data Center used to host the Site, located in the Russian Federation;
– databases containing personal data of citizens of the Russian Federation are located in the Russian Federation.
6.10.1. The Operator ceases personal data processing within the timeframes established by law in case of termination of the Operator's activities.
6.10.2. Cessation of processing and, if necessary, destruction of personal data by the Operator is carried out in the following cases, in compliance with the requirements of the legislation of the Russian Federation:
- expiration of the specified period of storage and processing of personal data;
- achievement or loss of necessity for achieving the purpose of personal data processing;
- withdrawal of consent to the processing of personal data by the personal data subject (or their representative) (in the absence of other legal grounds for processing personal data);
- identification of inaccurate personal data or unlawful processing of personal data;
- expiration or termination of the contract with the personal data operator, in accordance with which the Enterprise carries out the processing and storage of personal data;
- in case of deregistration of the Operator as an individual entrepreneur.
6.11. When collecting personal data, including through the Internet, the Operator ensures the recording, systematization, accumulation, storage, clarification (updating, changing), extraction of personal data of citizens of the Russian Federation using databases located in the Russian Federation, except in cases specified in the Law on Personal Data.
6.12. In case of identifying inaccuracies in personal data, the Personal Data Subject can update them independently by sending a notification to the Operator's email address by.jelia@yandex.ru with the subject line "Personal Data Update".
6.13. Personal data is processed until the processing purposes are achieved or until consent is withdrawn, unless otherwise provided by the legislation of the Russian Federation. The Personal Data Subject may withdraw their consent to the processing of personal data and the sending of advertising mailings at any time by sending a notification to the Operator via email to the Operator's email address dzhelilova.diana96@mail.ru with the subject line "Withdrawal of consent to the processing of personal data".
7. Updating, correction, deletion and destruction of personal data, responses to subject requests for access to personal data
7.1. Confirmation of the fact of personal data processing by the Operator, the legal grounds and purposes of personal data processing, as well as other information specified in Part 7 of Article 14 of the Law on Personal Data, is provided by the Operator to the Personal Data Subject or their representative upon appeal or upon receipt of a request from the Personal Data Subject or their representative.
The information provided does not include personal data relating to other Personal Data Subjects, except in cases where there are legal grounds for disclosing such personal data.
The request must contain:
- the number of the main document certifying the identity of the Personal Data Subject or their representative, information about the date of issue of the said document and the issuing authority;
- information confirming the Personal Data Subject's participation in relations with the Operator (contract number, contract date, conditional verbal designation and (or) other information), or information otherwise confirming the fact of personal data processing by the Operator;
- the signature of the Personal Data Subject or their representative.
The request can be sent in the form of an electronic document and signed with an electronic signature in accordance with the legislation of the Russian Federation.
If the appeal (request) of the Personal Data Subject does not contain all the necessary information in accordance with the requirements of the Law on Personal Data, or the subject does not have the right to access the requested information, then a motivated refusal is sent to him.
The right of the Personal Data Subject to access his personal data may be limited in accordance with Part 8 of Article 14 of the Law on Personal Data, including if the Personal Data Subject's access to his personal data violates the rights and legitimate interests of third parties.
7.2. In case of identification of inaccurate personal data upon appeal of the Personal Data Subject or their representative, or upon their request, or upon the request of Roskomnadzor, the Operator blocks the personal data relating to this personal data subject from the moment of such appeal or receipt of the specified request for the period of verification, if blocking of personal data does not violate the rights and legitimate interests of the personal data subject or third parties.
In case of confirmation of the fact of inaccuracy of personal data, the Operator, based on the information provided by the Personal Data Subject or their representative or Roskomnadzor, or other necessary documents, clarifies the personal data within seven working days from the date of submission of such information and unblocks the personal data.
7.3. In case of identification of unlawful processing of personal data upon appeal (request) of the Personal Data Subject or their representative or Roskomnadzor, the Operator blocks the unlawfully processed personal data relating to this personal data subject from the moment of such appeal or receipt of the request.
7.4. Upon achievement of the purposes of personal data processing, as well as in case of withdrawal of consent to their processing by the Personal Data Subject, personal data are subject to destruction, if:
- otherwise is not provided for by the contract, the party to which, the beneficiary or guarantor of which is the Personal Data Subject;
- the operator is not entitled to process without the consent of the Personal Data Subject on the grounds provided for by the Law on Personal Data or other federal laws;
- otherwise is not provided for by another agreement between the Operator and the Personal Data Subject.
8. Additional Information
8.1. This Policy may be amended or terminated by the Operator unilaterally without prior notice to the User. The new version of the Policy enters into force from the moment of its placement at the Operator's location, unless otherwise provided by the new version of the Policy.
8.2. All suggestions or questions regarding this Privacy Policy should be sent to the email address by.jelia@yandex.ru.
Appendix: Consent form for personal data processing
Individual Entrepreneur Dzhelilova Diana Magomedovna /_______________
Consent to personal data processing
Individual Entrepreneur Dzhelilova Diana Magomedovna, TIN 051203521556 (hereinafter referred to as the Operator).
Hereby, the Customer decides to provide his personal data and gives consent to the Operator for their processing freely, of his own will and in his own interest.
By placing a checkmark "V" next to the field "I consent to the processing of my personal data in accordance with the personal data processing policy" on the website https://byjelia.com in accordance with the requirements of Article 9 of Federal Law No. 152-FZ of 27.07.2006 "On Personal Data", the Customer gives his consent to the processing of personal data entered into the form.
Purpose of personal data provision: оформление, processing and execution of an order, conclusion and execution of a purchase and sale agreement, delivery of goods, processing of User appeals.
List of data for which consent is given: Surname, name, patronymic (if any), contact phone number, email address.
List of actions with data for which consent is given, general description of personal data processing methods used by the operator: processing of the above data will be carried out using automation tools: - collection, recording, systematization, accumulation, storage, clarification (updating, changing), extraction, use, transfer (provision, access), deletion, distribution, as well as transfer of such information to third parties, in cases established by regulatory documents of higher authorities and the legislation of the Russian Federation.
The period for which the consent is valid, as well as the method of its withdrawal, unless otherwise established by federal law: this consent is valid until the purpose of personal data processing specified in this consent is achieved.
The Operator has the right to exchange (receive and transmit) personal data using machine carriers or via communication channels, while taking measures to ensure their protection against unauthorized access.
The Customer reserves the right to withdraw his consent by drawing up a written statement to this effect and sending it to the Operator's address via email by.jelia@yandex.ru with the subject line "Withdrawal of consent to the processing of personal data". In case of withdrawal of this consent, the Operator is obliged to delete all personal data of the Customer in his possession and stop sending any information and materials.
The Customer, upon written request, has the right to receive information concerning the processing of his personal data.
