Policy on the Collection, Processing, and Protection of Personal Data

This Personal Data Processing Policy has been prepared in accordance with the requirements of the Law of the Republic of Kazakhstan No. 94-V dated 21 May 2013 “On Personal Data and Their Protection” and defines the procedure for the processing of personal data, as well as the measures to ensure the security of personal data implemented by the Personal Data Operator – PanDev Limited Liability Partnership (LLP), BIN 230140037871.

The Operator considers compliance with the rights and freedoms of individuals and citizens to be a fundamental objective and a mandatory condition of its activities when processing personal data, including the protection of the right to privacy and personal and family secrecy.

This Personal Data Processing Policy (hereinafter referred to as the “Policy”) applies to all information that the Operator may obtain regarding visitors to the Website https://pandev.io/ru.

The Policy constitutes an integral part of the License Agreement in the form of a public offer published on the Website and shall apply to all legal relations arising between the Operator and Users in connection with the use of the Software Product “PanDev Metrics”.

1. Terms and Definitions

Key terms used in the Policy:

• 1.1. Automated Processing of Personal Data – processing of personal data by means of computer technology;
• 1.2. Blocking of Personal Data – temporary suspension of the processing of personal data (except where processing is necessary to clarify personal data);
• 1.3. Website – a set of graphic and informational materials, as well as computer programs and databases, united by a common meaning, ensuring their availability on the Internet at the network address https://pandev.io/ru;
• 1.4. Processing of Personal Data – any action (operation) or set of actions (operations) performed with or without the use of automation tools with personal data, including collection, recording, systematization, accumulation, storage, clarification (updating, amendment), extraction, use, transfer (dissemination, provision, access), depersonalization, blocking, deletion, and destruction of personal data;
• 1.5. Personal Data – any information relating directly or indirectly to an identified or identifiable Client of the Website;
• 1.6. Company / Operator – PanDev Limited Liability Partnership, BIN 230140037871;
• 1.7. Client / User – any visitor of the Website;
• 1.8. Provision of Personal Data – actions aimed at disclosing personal data to a specific person or a specific group of persons;
• 1.9. Dissemination of Personal Data – any actions aimed at disclosing personal data to an indefinite number of persons (transfer of personal data) or making personal data available to an unlimited circle of persons, including publication of personal data in mass media, placement in information and telecommunication networks, or providing access to personal data in any other manner;
• 1.10. Destruction of Personal Data – any actions as a result of which personal data is irrevocably destroyed without the possibility of further recovery of the content of personal data in the personal data information system and/or tangible media containing personal data are destroyed.

2. Details of the Operator

2.1. The Personal Data Operator is:

PanDev Limited Liability Partnership

BIN: 230140037871

Location: Kazakhstan, Almaty, Bostandyk district, Satpayev Street, building 30/8, office 139, postal code 050040

Contact details: e-mail: bakbergenov@pandev.io

Banking details: Account: KZ878562203148733359, Bank: JSC "Bank CenterCredit", BIC: KCJBKZKX

3. Procedure for Granting Consent

3.1. The Client provides consent to the collection, processing, storage, and transfer of personal data in the following ways:

• by ticking a checkbox in the corresponding field of the web form on the Website;
• by performing conclusive actions, including registration on the Website, authorization, filling in registration forms, using the functionality of the Website, sending requests and applications, as well as paying for the Company's services;
• by signing a separate written document, including with the use of an electronic digital signature (EDS).

3.2. Performance of any of the specified actions shall be recognized as proper, full, and unconditional consent of the Client to the terms of this Policy.

4. Term of Consent

4.1. This Consent is granted to the Company unconditionally for an indefinite period.

4.2. In the event of a need to withdraw this Consent, the Client shall submit a corresponding written request to the Company, delivered in person or sent to the Company’s registered address.

5. Conditions for the Transfer and Processing of Personal Data

5.1. The processing of Users’ personal data is carried out on the following legal grounds:

• the consent of the personal data subject;
• the necessity to conclude and perform the User Agreement;
• compliance with the requirements of the legislation of the Republic of Kazakhstan;
• protection of the rights and legitimate interests of the Company and third parties.

5.2. Personal data shall be processed on a lawful, fair, and proportionate basis and shall be limited to the achievement of specific and legitimate purposes.

5.3. The scope and content of personal data shall correspond to the declared purposes of processing.

5.4. The personal data provided by the Client must be accurate and up to date.

5.5. Withdrawal of consent to the processing of personal data does not affect the legality of processing carried out prior to such withdrawal, and does not terminate the processing of personal data in cases provided for by the legislation of the Republic of Kazakhstan.

5.6. The User hereby consents to the Company transferring personal data to third parties, including cross-border transfer, if such transfer is necessary for the proper performance by the Company of its obligations under the public offer published on the Website, as well as for the purposes of improving and further developing the Website.

6. Purposes of Personal Data Use

6.1. The Company collects, stores, transfers, and processes Users’ personal data in compliance with the legislation of the Republic of Kazakhstan for the following purposes:

• identification of the Client;
• registration and administration of user accounts;
• conclusion and performance of the License Agreement;
• providing access to the functionality of the Software Product;
• provision of paid and free services;
• ensuring the security of the Platform;
• prevention of abuse and violations;
• review of requests, complaints, and claims;
• protection of the rights and legitimate interests of the Company;
• compliance with the requirements of the legislation of the Republic of Kazakhstan.

6.2. The Company may disclose personal data in publicly available sources if such disclosure is required by the purposes of personal data use set out in this Section.

7. List of Personal Data

7.1. Users’ personal data may include the following information:

• surname, first name, patronymic (if any);
• IIN (for individuals);
• BIN (for legal entities);
• name of the legal entity;
• status of the subject (individual, sole proprietor, legal entity);
• phone number;
• email address;
• User account data;
• IP address;
• information about browser, device, and operating system;
• date and time of registration, login, and acceptance of agreements;
• technical and system logs of the Platform;
• information voluntarily provided by the User;
• information obtained from public sources;
• portrait image (photograph), if such image has been uploaded by the User in the personal account on the Website.

8. Principles of Collection, Storage, Transfer, and Processing of Personal Data

8.1. The Company processes personal data on a lawful and fair basis for the achievement of the stated purposes, including the proper performance of its obligations under the public offer published on the Website.

8.2. The Company obtains personal data directly from Users, unless otherwise provided by this Agreement or the public offer.

8.3. The Company processes personal data using both automated and non-automated means, with and without the use of computer technology.

Personal data is collected in the following ways:

• provision of personal data by the User when filling out forms on the Website;
• automatic collection of personal data through technologies and services;
• provision of personal data by the User in written form, including via communication tools;
• and by other means not prohibited by the legislation of the Republic of Kazakhstan.

8.4. The Company shall ensure confidentiality of personal data, except in cases where such data is publicly available.

8.5. Personal data may be transferred to authorized state bodies of the Republic of Kazakhstan only on the grounds and in the manner established by the legislation of the Republic of Kazakhstan.

9. Security of Personal Data

9.1. When processing personal data, the Company takes the necessary legal, organizational, and technical measures, or ensures their adoption, to protect personal data against unauthorized or accidental access, destruction, alteration, blocking, copying, provision, dissemination, as well as any other unlawful actions in relation to personal data.

9.2. The measures implemented by the Company to ensure the security of personal data during their processing are planned and executed in order to comply with the requirements of the legislation of the Republic of Kazakhstan in the field of personal data protection.

9.3. The Company does not guarantee absolute protection of personal data in the event of unlawful actions by third parties.

10. Rights of the Client

10.1. The Client shall have the right:

• 10.1.1. to request information regarding the personal data being processed;
• 10.1.2. to request clarification (modification) of their personal data in the event that such data is incomplete, outdated, or inaccurate;
• 10.1.3. to withdraw consent previously granted for the collection, processing, and transfer of personal data;
• 10.1.4. to protect their rights and legitimate interests, including the right to seek compensation for losses and moral damages through judicial proceedings;
• 10.1.5. to appeal against actions or inaction of the Company to the authorized consumer protection body or through judicial proceedings.

10.3. For the exercise of their rights and legitimate interests, the Client shall have the right to contact the Company in accordance with the procedure established by the legislation of the Republic of Kazakhstan.

11. Final Provisions

11.1. This Policy shall be interpreted in accordance with the legislation of the Republic of Kazakhstan. Matters not regulated by this Policy shall be resolved in accordance with the legislation of the Republic of Kazakhstan.

11.2. This Policy is published in the relevant section of the Website. Registration by the Client on the Website, as well as payment of remuneration to the Licensor, shall constitute the Client’s consent to the Company for the collection, storage, transfer, and processing of their personal data in the manner provided for by this Consent. In the event the Client disagrees with any provision of this Consent, the Client shall cease using the Company’s services and delete their account on the Website.

11.3. The Client shall have the right to withdraw consent for the collection, processing, storage, and transfer of personal data at any time. Withdrawal of consent shall be carried out in accordance with the procedure established by the legislation of the Republic of Kazakhstan on personal data and their protection, through a state service, a non-state service, or any other method allowing confirmation of the fact of withdrawal of consent.

11.4. This Agreement shall enter into force with respect to each Client from the moment the Client performs the actions specified in clause 11.2 of this Consent.

11.5. The Company shall have the right to unilaterally amend this Policy. The new version shall enter into force from the moment it is published on the Platform.