How to create a business's terms of use and privacy policy. Working with personal data - Privacy Policy Below is an example of such a notice

So that each user can enter their personal data and not be afraid that they will be used by scammers, the privacy policy for the site is in effect. In this article, we will look at what a website privacy policy is, what federal laws govern it, and how its rules apply in everyday life.

You will learn:

• What does the privacy policy mean for the site?
• Is there a need for a privacy policy on the company website?
• How the privacy policy of the website is regulated by law.
• How to write a privacy policy for a website.
• How to post a privacy policy on a website or landing page.

What does the privacy policy mean for the site?

The privacy policy is legal documentation, the authenticity of which is confirmed by experts. It shows that the owner of this Internet resource has the right to collect, process, and use personal information of users, ensuring its integrity. A privacy policy is needed to protect site visitors from unfair use of their personal information by the owner of the resource for personal gain.

Just a few years ago, privacy policies for websites were of secondary importance. Many owners, and especially visitors to resources, did not know what its purpose was, and, accordingly, considered it something unnecessary. Today, Russian legislation regulates the activities of most sites that request personal data from users.

The regulations state that website owners are responsible for transferring any customer information to third parties. In addition, owners of Internet resources are required to indicate what kind of protection is provided against leakage of information about visitors.

Document entitled "Privacy Policy" personal information"should be located on the first page of the site. It is better to place it so that the visitor does not have any problems familiarizing himself with it before registering.

The data privacy policy applies to all personal information that the client leaves on the site. It's about the name postal address, number bank card, email, phone number and other types of information. Disclosure of other people's data is a fairly serious action that threatens with unpleasant consequences. A person posts personal information about himself to gain access to goods or services, which means that information about him must be reliably protected.

If scammers or advertising agencies gain access to users’ personal data, they will be able to use it for their own selfish interests, and people will no longer trust you as the owner of the resource. In addition, disclosure of confidential information is an article that provides for administrative penalties based on a court decision.

Experts note: the main trend in the field of online marketing is the creation and optimization of a mobile version of the company’s website. 59% of consumers use Mobile Internet to find information about a product or go to the company's website. If you don't want to lose potential clients, pay attention to mobile version company website or online store.

In the article electronic journal“Commercial Director” contains 11 universal tips that will help optimize the design and settings of a mobile website.

Is there a need for a privacy policy on a company website?

It is difficult to maintain user interest in a particular site for a long time. As a rule, the visitor finds what he needs and leaves the site. He returns back in very rare cases. As time passes, he enters another query into the search engine, goes to the information he needs on a similar resource, and closes the tab, leaving the site.

To form and maintain their audience, site owners collect data about all visitors, and then from time to time, in an unobtrusive form, send them news and tempting offers, reminding them of themselves. The registered user receives all notifications by email.

The website must contain a special paragraph explaining the procedure and purpose for collecting personal information. Even if you only need an email to register on the site, the owner of the resource is still required to post a privacy policy. As a rule, on sites you only need to leave your name and email.

What is yours every day email address If you receive unnecessary offers and advertisements, it means that the privacy policy of some site where you left your email is incompetent or simply does not exist.

Note that some sites transmit contact information and names of visitors to related resources associated with them. They do not have the right to overload the visitor with unnecessary information, but they can offer something based on requests. This is how Google's privacy policy works.

If we are talking about an online store, then in this case the user cannot specify only a login and email. Here the scheme is more complex, since we are talking about financial transactions. In this regard, the privacy policy for the site should be more strict. As for landing organizations, they need a privacy policy in order to successfully undergo moderation in advertising networks.

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A practitioner tells

How to avoid problems with storing and using personal data of clients

Elena Denisova,

Head of Commercial Practice, CLIFF

Many entrepreneurs believe that between their activities and processing personal data there is no direct connection as they simply collect information about their audience to know them. In addition, a large percentage of businessmen believe that a website is not an automated processing tool. Consequently, they do not collect personal data from users and are not obliged to take care of their non-disclosure. However, Russian legislation states that a personal data operator is both an individual and a legal entity that organizes and processes personal information and establishes the purposes for its collection.

To avoid problems with storing and using personal data and act in accordance with the law, you need to:

1. Determine the procedure, volume and time for obtaining private information about your clients. If you do not receive information by which you can accurately identify the visitor (but only receive an email, do not offer to register and leave contact information, that is, you do not ask the user for any personal information and work on confidentiality terms), then you have no relationship with personal information you have. In all other cases, you must strictly follow the legal regulations regarding maintaining the confidentiality of personal data on the site.
2. Establish a procedure for your organization to obtain the client’s consent to process his personal data. An individual or legal entity must give consent to the processing of private information if you plan to conduct trading operations and conduct any activities related to the promotion of products, services, or work on the market using direct contact with a person (via SMS messages, phone calls, email etc.). It should be emphasized that if a controversial situation arises, the personal data operator, that is, your company, will be required to provide evidence of obtaining consent from the client to use his personal information. That is why you need to develop rules according to which you will collect, process, store and destroy personal data (that is, a privacy policy for the site). It is also necessary to develop a special form of consent to perform these actions (see download material). The user may not accept the terms of the privacy policy if the purpose of processing personal data is to fulfill the terms of the agreement in which he participates, that is, if the information is used only by your company and exclusively for completing a purchase and sale transaction with the user, without transferring personal data to third parties.
3. Make sure that in the future your company will be able to provide evidence that the user has consented to the processing of personal data. It is not enough to post a privacy policy and a consent form for the processing of private information on your website. If a controversial situation arises, regulatory authorities will still impose an administrative penalty on you. You must have a document signed by the user, from which his consent to the processing of personal information will follow. In addition, the document must indicate the types and purposes of using PD. If you do not have such paper, a fine from regulatory authorities cannot be avoided. Of course, proof can be a paper form in which the client signed, but this is not suitable for trading activities on the Internet.

According to Roskomnadzor, consent to the processing of personal data on the site may be an electronic file digital signature. In addition, in a number of situations, the operator’s proposals for the sale of goods can be regarded as a public offer. In other words, when the user agrees to the offer when placing an order or registering, he thereby authorizes the seller to use his personal data.

According to the judicial authorities, enterprises should place a web label on their websites, meaning that the user agrees with the rules and procedure for processing personal data (resolution of the Federal Antimonopoly Service of the North-West District dated December 13, 2010 in case No. A56-73636/2009, resolution of the Federal Antimonopoly Service UO dated 18.03 .2010 in case No. F09-1736/10-S1, ruling of the Moscow City Court dated February 14, 2011 in case No. 33-2064).

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How is the privacy policy of an Internet site regulated at the legislative level?

IN this moment The state pays increased attention to the issue of security of citizens’ personal information. In this regard, the most famous and large resources, such as Vk.com, Yandex.Direct, Google AdWords, etc., began to take privacy policies more seriously on their websites. If it is not present on the landing page, these resources may not accept the advertising campaign or may significantly complicate its moderation.

Until recently, the privacy policy for the site (152-FZ) was perceived by many members of the Internet community as wishes that could be followed or not taken into account, even despite the legislative basis. The fact that administrative liability was provided for violation of requirements for maintaining the confidentiality of personal data (note, rather modest) did not in any way affect the implementation of regulatory requirements. Representatives of the Internet community still did not strictly follow the rules related to the safe storage and use of personal information.

As a result, in July 2017, Law No. 152-FZ was amended and supplemented, as a result of which administrative liability for violation of PD confidentiality requirements became more stringent. Today, penalties are provided for neglecting them.

Please note that the privacy policy for the site is mandatory. If it is not there, the owners of the Internet resource are responsible. In addition, there are certain sanctions for processing confidential customer information without their consent.

If a company commits a violation for the first time, it will be fined in the amount of 30 thousand rubles, and the second time - 75 thousand rubles. In addition, it is allowed to simultaneously bring violators to justice under several parts of Art. 13.11 of the Code of Administrative Offenses of the Russian Federation. Conclusion: if a businessman has not previously followed the law on maintaining confidentiality of personal data, he may face a serious fine.

Bringing administrative liability for violation of 152-FZ will now fall within the competence of Roskomnadzor, and not the prosecutor's office. This means that the qualifications of Roskomnadzor employees will increase, as well as the speed of inspections.

A practitioner tells

What can happen when working with personal data through a feedback form without a privacy policy?

Ildar Bagautdinov,

partner, head of commercial practice at ANP Zenit, Kazan

Roskomnadzor employees found that the TGYUK company posted a feedback form on the website. However, there was no privacy policy document regarding the collection and use of personal data. The organization was fined in the amount of 1 thousand rubles. in accordance with Art. 13.11 of the Code of Administrative Offenses of the Russian Federation. But the company went to court. As its representatives noted, it was impossible to establish the user’s identity, since the form contained only 3 elements: name, subject and message text. In this case, the visitor could not fill in the “name” column. But the court did not take these arguments into account, and the company had to pay a fine (resolution of the Tambov Regional Court dated October 4, 2016 in case No. 4A-288).

How to avoid penalties? If the owner places a feedback form on his website, this means that the company works with personal data, that is, collects information about citizens. Accordingly, she is obliged to perform the functions of a PD operator. In other words, the organization must notify Roskomnadzor that it intends to collect and process personal data, and also obtain the consent of the subject. In addition, her website must have a privacy policy that users can familiarize themselves with without any problems.

From July 1, 2017, fines of 30 thousand rubles are imposed on enterprises for the lack of a privacy policy for websites.

When creating a feedback form on the website, make sure that there is a function for obtaining the subject’s consent to process personal data. Before submitting the questionnaire, the user must check the appropriate box, thus agreeing with the further processing of private information.

• Protecting information on the Internet: problems and solutions

External and internal privacy policy documents for the site

There are two types of PD violations:

1. Violations that can be identified on the basis of external documents, that is, official documents of the company, to which a certain circle of employees have access. These documents allow you to remotely (without interaction with the PD operator) identify violations in the area of ​​confidentiality of personal information and collect a sufficient evidence base. Due to poorly compiled external documentation on personal data, the operator risks facing consumer terrorism, attacks from competitors, or penalties from Roskomnadzor.
2. Violations that can be identified on the basis of internal company documents, that is, accessible only to a limited number of people. Violations can be detected only during an inspection of compliance with the confidentiality of personal data, which is carried out by an authorized body.

The privacy policy for the site, a sample of which you can always download on the Internet, is an external document, since in accordance with Russian legislation, access to it must be provided to all visitors to the resource. That is why the terms of the privacy policy must first of all meet the following requirements:

• Exact compliance with legal regulations, relevance, relationship with the business model of the company posting it on its website.
• No redundant conditions regarding the development of rules. Because of them, unreasonable costs may arise both at the stage of development and in the process of maintaining the relevance of standards.

The offer agreement and the website pages on which the personal information used is posted or displayed are also external documents. They should be developed by experienced specialists who are well versed in the intricacies of drawing up privacy policies for websites.

How to develop a website privacy policy

The privacy policy for the site must first of all be reliable. The reputation of the resource will suffer greatly if the provisions specified in your privacy policy are not followed. In addition, it is possible that problems will arise with the law, which states that for violating the privacy policy, responsible persons must be punished, including criminal penalties.

At the moment, new bills related to the Internet sphere are being actively formed in Russia. However, there are no clear requirements for drawing up privacy policies for websites yet. But certain unspoken rules for its development still exist, namely:

• the privacy policy for the site must be drawn up correctly, in compliance with all spelling and punctuation rules;
• it must be written simply and clearly for users. It should not contain phrases with an ambiguous interpretation;
• the privacy policy for the site should be drawn up in a formal business style;
• the site administrator must have an excellent understanding of the development and application of privacy policy standards in order to be responsible for the information contained in it;
• The privacy policy for the site must contain guarantees of the safety of personal information.

What to consider when writing a privacy policy for a website

When developing a privacy policy for a website, there are certain subtleties to consider. Let's look at them in more detail:

• The website that is used to process personal data is part of the personal data information system (PDIS). Its second element is the hosting on which this resource is located.
• The privacy policy for the site should cover the use of PD of the organization’s employees and the use of PD processing systems not related to the site (1C, external Email etc.).
• The site’s privacy policy should have a relationship in terms of the legality of PD processing both with the agreement concluded with individuals and with the business model of the enterprise as a whole, since the privacy policy is a non-localized document that determines the legality of the use of personal information.
• It is necessary to provide not only for the presence of a privacy policy on the site, but also for the legality of processing personal data from the moment of their transmission through an Internet resource until the conclusion of an agreement on the site’s privacy policy (acceptance of the offer). Thus, acceptance of an offer may be provided for by the first payment for a product (service), but after registration (transfer of personal information), the potential buyer may not make payment.
• Should be provided software for independent removal, adjustment, clarification and filing of complaints by the visitor, as well as to establish the possibility of their application.
• The privacy policy for the site determines the number and scope of subsidiary documentation (local legal acts) of the Internet company. To reduce costs, its volume should be reduced.

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How to write a privacy policy for a website: main sections of the document

First of all, the privacy policy for the site must be as transparent as possible. After reading the document, the user must fully understand why he is providing personal information, how it is stored and processed, how its confidentiality is ensured, etc.

1. Type and type of data collected.

Here you need to indicate full list information that the user must provide in order to receive services, buy goods, view information, etc. It is also necessary to indicate the data that will be recorded in automatic mode: IP address, date and time of URL transition, etc.

In the same chapter, visitors are usually informed for what purposes personal information is collected (usually contacting the account owner).

1. Personal information management.

Instructions that indicate how the visitor can access information about himself, edit it or delete it.

Please note: if the site provides a function for temporarily storing user PD after deleting his account, the privacy policy should say so.

1. Exchange of data between users.

This chapter is relevant if site visitors can send each other personal messages. In this case, the privacy policy can indicate that the content of messages is protected from indexing by search engines.

1. Protection of personal information.

Measures that site owners take to prevent unauthorized access to visitor information.

1. The procedure for transferring personal information to third parties.

Based on Art. 7 of the Law “On Personal Data” No. 152-FZ of July 27, 2006, it is prohibited to disclose and transfer the user’s personal data to third parties without his consent.

Exceptions to this rule are indicated in regulations. But not all citizens are legally savvy, and therefore, in order for them to trust the site, it is necessary to specify the situations in which the site can issue their personal data:

• if law enforcement authorities have submitted an official request;
• if a court decision is executed;
• if we are talking about preventing fraudulent activities;
• if there is protection of user rights, etc.

Please note: if the privacy policy includes information about the possibility of transferring personal data for personal, commercial use and other purposes not provided for by law, this does not mean anything and does not relieve the resource owner from liability for unauthorized use of private information. For violation of the law in this matter, he may be held accountable, including criminal charges, despite advance warning to visitors.

In addition, when the site is sold, the new owner automatically gains access to clients’ personal information. In this regard, this chapter should indicate that account owners are guaranteed to be notified of a change in ownership of the resource so that they can delete their personal information if they wish.

1. Changes.

This indicates the order in which users will be notified of amendments to the privacy policy for the site. Example: users can be notified of the most significant changes by email.

There are no strict rules regarding the names of sections in the privacy policy and their number. Additional conditions may be specified here - everything is determined by the focus and content of the resource. For example, websites often indicate the procedure for obtaining information from persons under 18 years of age, requirements for posting photographs, etc.

Where to go for help writing a website privacy policy

Specialized lawyers understand the privacy policies of websites best of all. If for the successful operation of your resource you need to collect data about users in large quantities, the most reasonable solution is to turn to professionals. If the resource is simple, then the standard privacy policy for the site is used in the form of a standard document, guaranteeing that the client’s name and email will not be received by unauthorized persons. If we are talking about an online store or a large portal, it is better to be safe with everyone possible options, especially if you are collecting highly personal information about users.

Lawyers will develop a competent privacy policy for the site, covering all areas of your activity, and will ensure that its provisions cannot be perceived ambiguously.

By using the services of a professional, you will protect yourself from possible problems with the confidentiality of user personal information. In addition, having a serious professional document (policy) on your website will provide you with customer trust and loyalty.

How to post a privacy policy on a websiteor landing page

1. Privacy Policy for Landing Page.

How to add a privacy policy to a landing page in a pop-up (modal) window?

Let's look at the procedure for placing a privacy policy using the example of creating a pop-up window.

You need to use the Bootstrap framework from the creators of Twitter and take scripts from it to create a modal window.

A modal window is formed in several stages:

• opening a landing page;
• opening a Bootstrap document (in English);
• searching Bootstrap documents for the “modal window” code and then placing it on the landing page.

There are 2 parts in the modal window:

• a link or button that opens it;
• directly the modal window.

Another important detail: in addition to Bootstrap styles, Bootstrap JavaScript and jQuery need to be loaded. Then opening a modal window on the landing page will be correct.

You should also remember that if your resource is advertised on the Vk.com site, the moderator does not in all cases accept the “Privacy Policy” link. That is why it is better to indicate “Personal Data Processing Policy” in it.

This is what the result should be:

To make your work more convenient, open the following windows in your browser:

• your server;
• your landing page;
• www.getbootstrap.com (select Modal from the JavaScript menu on the right).

In the Bootstrap documentation, in the Modal section, you need to go down and find Live Demo, and then copy the code under this caption. Next, open NotePad++ and paste the code into a new window. In NotePad++, select SYNTAX, H, HTML from the menu for ease of use. In this code you need to change “Launch Demo Modal” to “Privacy Policy”. Next you need to change the button to the link .

After this, the modal window itself changes. In the code below you need to find “Modal Title” and insert “Privacy Policy” instead of this inscription. Instead of “Close” write “Close”, completely remove the Save Change button code and save the result.

Instead of an ellipsis in the code with the tag

you need to insert the text of the privacy policy itself. You can copy it with all the styles from your online resource. The code is ready. Next, you need to copy it and go to the file editor on the server.

Open the landing page file, make sure that the Java and jQuery scripts are included. Then look for these words in the code. If they are, our modal window will open.

Then find the last tag

and paste the privacy policy link code. Now you need to cut out the code for launching the modal window, which starts with and ends, and paste where you plan to place a link to the privacy policy. You can provide a special empty column at the bottom of the page and insert a link there. Add

---

(dividing line) and save changes.

Another important point is that if you collect email addresses on a website, then you must indicate your email address in the privacy policy. Same with the phone number.

1. Privacy Policy for the Site

With a website, everything is much simpler than with a landing page, since you don’t need to create a modal window. You just need to take the text of the privacy policy and create a separate page. Publish the text on it and at the bottom of the site, in the footer, put a link to the page with the privacy policy.

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Privacy Policy for a Site Abroad

• USA.

The United States does not specifically adopt Federal Laws on the protection of personal data. Here they prefer laws that affect certain areas of life. In 1988, legislation prohibited video rental stores from publicly disclosing information about which tapes customers rented. This was due to a leak to the media of information about videotapes that were rented by Robert Brock, a candidate for judge of the US Supreme Court. By the way, indecent films were not on the list.

In the United States, much attention is paid to the confidentiality of personal data that is transferred abroad. In America, the same rule applies as in Europe: the host country is obliged to ensure reliable protection of personal information.

Note that a general law on personal data confidentiality is not adopted in the States due to a specific economic and political culture, since the authorities support self-regulation of business. For example, the First Amendment guarantees freedom of speech in the Constitution. The right to privacy is not spelled out in legislation and is only implied. At the same time, individual states have the right to come up with initiatives, which they periodically do. Since 2014, California has had a specific privacy policy for the site. The law, on the basis of which Internet resources are required to inform users whether their actions are being tracked or not, is successfully applied in the country to this day.

Since 2015, in the United States, as in Europe, the behavior of persons under 18 years of age has not been monitored.

• South America.

In a sense, the adoption of the Marco Civil da Internet law was facilitated by the scandal with Edward Snowden. An important place in the law is given to ensuring the confidentiality of personal data. Residents of Brazil perceive the issue of protecting personal information in almost the same way as in Europe, but with some peculiarities.

Together with Germany, Brazil promoted the first UN resolution on the protection of confidential information on the Internet. The document indicated that the right to confidentiality of personal information should be ensured as in real life, and on the Internet. Please note that the protection procedures for both electronic and regular correspondence in Brazil are the same.

If we talk about other countries in South America, the consideration of bills on personal data confidentiality usually takes several months, and sometimes even years.

The rules on ensuring the confidentiality of private data on the Internet are fully implemented only in Argentina.

• Asia.

Now in Asian countries, except for China and most of the countries of the Middle East, there is a law on the protection of personal data online. In India, the law on ensuring the confidentiality of private information outside the state is losing its force. Interestingly, according to the data posted on dating sites, you can easily determine what blood type a person has, or who is a carrier of HIV. At the same time, the government has broad powers to access personal data, and to find the number mobile phone, often you just need to type the username into the search bar.

The Law on the Protection of Personal Data, including on the Internet, was adopted in 2005. Foreign enterprises with an office located in Japan must clearly explain the purpose of storing private information if it concerns at least 5 thousand clients and employees.

Residents of Japan are very careful about issues related to the dissemination of private information, even in the event of natural disasters (for example, earthquakes) or hospitalization of a citizen. But from time to time they still have serious problems with ensuring confidentiality in the form of large information leaks and illegal transactions for their sale.

The Internet has recently developed faster than the law. The rules developed 10 years ago do not currently take into account the existence of social networks and cloud services.

In Singapore, in 2013, a law similar to what the Council of Europe is currently considering was adopted. Now the legislation of this particular country can confidently be called the most progressive in Asia in terms of maintaining the confidentiality of private information.

Information about the experts

Elena Denisova, Head of Commercial Practice, CLIFF. Elena Denisova graduated from the Moscow State Open University and the Moscow University of Finance and Law. Specializes in the field of commercial law, deals with issues related to e-commerce, including judicial protection of its subjects. Provided legal support to a number of startups in this area. CLIFF is a group of companies providing a wide range of legal services. Founded in 1994. Staff - more than 50 lawyers. One of the first companies that began working with projects in the field of e-commerce - from the development of payment systems to the creation of Internet projects in various directions from scratch.

Ildar Bagautdinov, Partner, head of commercial practice at ANP Zenit, Kazan. Ildar Bagautdinov graduated from Kazan (Volga Region) Federal University with a degree in jurisprudence. Seven years of experience in law. Specializes in complex litigation in the field of construction and corporate law. Speaker of the forum “Arbitration in the construction industry”. ANP Zenit LLC. Field of activity: legal services in the field of tax law. Number of personnel: 17. Annual turnover: 58 million rubles. (for 2015). Number of tax disputes won: 97% (for 2015). Amount of disputed charges: RUB 5 billion. (for 2010-2016).

At numerous requests from working webmasters and site owners, we have published a free sample Privacy Policy for sites with a feedback, subscription or call request form.

We decided to take this step because this form The policy does not provide for the processing of personal data, and as a result does not imply much variability in the decision. It is important to remember that it is not suitable for sites that process personal data. For example, online stores and other services where, in addition to a phone number or email, the user additionally provides other information about himself, require more attention to the issues of processing personal data.

Therefore, we thought about options for drawing up a “people’s” Privacy Policy. Simple template you can't get by here. We took as a basis the Recommendations of Roskomnadzor (hereinafter referred to as the “Recommendations”) issued in 2017 on the preparation of a document defining the operator’s policy regarding the processing of personal data (hereinafter referred to as the “Policy”). We supplemented it with live examples.

Let's see what happened.

Section 2 quotes the basic concepts from the Federal Law “On Personal Data”. We skip it as unnecessary. If desired, it is better to introduce your own terms into the Policy, clarifying the legal ones.

Section 3 finally provided the long-awaited advice on the structure and content of the Policy. Let's look at them in detail.

1. General provisions of the Policy

In this section, it is recommended to describe the purpose of the Policy, as well as include the basic concepts used in it (processing of personal data, operator, subject of personal data, confidentiality of personal data, etc.), list the basic rights and obligations of the operator and subject(s) of personal data data.

So let's start with definitions. In order not to repeat Federal Law 152, we suggest making references to specific clauses and sections of the Policy that specify the concepts used. Below is an example of the terms and definitions of the Privacy Policy for an online store.

1.1. In this document and the relations of the Parties arising or related thereto, the following terms and definitions apply:

Personal Information- data provided by the subject of personal data or his representative, the scope and composition of which are indicated in paragraph X.X. Politicians.

Administration- Romashka LLC, INN XXX, OGRN XXX, Address: XXXXX, in the legal possession and/or management of which the Site is located. In the cases provided for in this Policy, the Administration acts as a personal data operator.

User- a person using the Site for the purpose of concluding and/or executing Agreements.

3. Legal grounds for processing personal data

According to the explanation of Roskomnadzor, the legal basis for the processing of personal data is the set of legal acts in pursuance of which and in accordance with which the operator processes personal data.

If the above link exists, the legal basis for the processing of personal data may be the agreements concluded between the operator and the subject of personal data.

If personal data is processed for other purposes, a separate consent to the processing of personal data must be indicated as a basis.

4. Volume and categories of personal data processed, categories of personal data subjects

Roskomnadzor warns that the content and volume of personal data processed must correspond to the stated purposes of processing. The personal data processed should not be redundant in relation to the stated purposes of their processing.

First of all, we indicate data from the fields of online feedback, order, subscription and registration forms. Then we pay close attention to the composition of the information entered by the user when filling out a profile in his personal account.

Additionally, we indicate the data that is requested by support or the sales department when filling out or processing applications over the phone or at service points.

5. Procedure and conditions for processing personal data

Let's choose. Federal Law 152 provides the following list of operations with personal data: collection, recording, systematization, accumulation, storage, clarification (updating, changing), extraction, use, transfer (distribution, provision, access), depersonalization, blocking, deletion, destruction of personal data.

Processing methods may include:

a) automated processing of personal data

b) processing of personal data without the use of automation tools.

According to the definition given in Federal Law 152, automated processing of personal data is the processing of personal data using means computer technology.

It would seem that this includes any actions with personal data performed using computer technology. But it's not that simple. We look at the Regulations on the peculiarities of processing personal data carried out without the use of automation tools, approved by Decree of the Government of the Russian Federation of September 15, 2008 N 687.

Clause 1 states that the processing of personal data contained in information system personal data or extracted from such a system (hereinafter referred to as personal data) is considered to be carried out without the use of automation tools (non-automated), if such actions with personal data as use, clarification, distribution, destruction of personal data in relation to each of the subjects of personal data are carried out with direct human participation.

The processing of personal data cannot be recognized as carried out using automation tools only on the basis that personal data is contained in the personal data information system or was extracted from it (clause 2).

In other words, if personal data is not used, specified, distributed and destroyed in the IPDN of your website automatically without human intervention, you can safely choose the second processing method - processing personal data without the use of automation tools.

The result of this simple action there will be a legal refusal to apply the draconian requirements of Federal Law 152 for the processing of automated processing of personal income tax in the information system.

Regarding the timing of PD processing We propose to indicate at least the validity period of the agreement for the purposes of which the PD was requested. You can add to the validity period of the contract 3 years of limitation for the protection of rights in connection with its execution.

Roskomnadzor reminds that when storing personal data, the personal data operator is obliged to use databases located on the territory Russian Federation, in accordance with Part 5 of Art. 18 of the Federal Law "On Personal Data". It is not necessary to reflect this point in the Policy, since it is related to actual circumstances. Although, as a matter of form, you can include in the Policy a declarative article on the processing of personal data in Russia.

• The user has expressed his consent to such actions;
• The transfer is required for the conclusion and performance of contracts on or using the Site;
• At the request of a court or other authorized government body within the framework of the procedure established by law
• To protect rights and legitimate interests in connection with violation of agreements concluded with the user.

Within certain limits, this list can be expanded to include cases of sale of the Site or transfer of PD in anonymized form.

In addition, Roskomnadzor recommends indicating in this section Policy information on compliance with the confidentiality requirements of personal data established by Art. 7 of the Federal Law “On Personal Data”, as well as information about the operator taking measures provided for in Part 2 of Art. 18.1, part 1 art. 19 of the Federal Law “On Personal Data”.

In practice, this information boils down to a statement that the Site administration stores Personal Data and ensures its protection from unauthorized access and distribution in accordance with internal rules and regulations.

6. Updating, correction, deletion and destruction of personal data, responses to requests from subjects for access to personal data

Roskomnadzor recommends including in the Policy regulations(s) for responding to requests/appeals from personal data subjects and their representatives, authorized bodies regarding the inaccuracy of personal data, illegality of their processing, withdrawal of consent and access of the personal data subject to their data, as well as appropriate forms of requests/ requests.

In such cases, it is usually indicated that the user has the right at any time to independently edit the information provided by him in his personal account. In case of termination of the concluded agreement, the user has the right to delete his own Personal Area yourself or by contacting the support service at the email address ХХХ@ХХХ.ХХ.

If desired, you can tighten the terms of the regulations for processing requests to change/delete PD, requiring the user to send valuable letters to your address in Bobruisk.

7. Processing of anonymized data

It is noteworthy that Roskomnadzor, as always, avoided the issue of processing equally important data for users that is not considered personal. We are talking about information collected automatically on the site: cookies, IP, information about the device and its location, etc.

Apparently, Roskomnadzor stubbornly does not want to disclose the composition of personal data, even by exclusion through information that is not personal. However, in practice, it is customary to include a notice and procedure for processing such data in the Privacy Policy in order to fully inform the user about the consequences of using the site.

Below is an example of such a notification.

You understand and accept the possibility of use on the Site software third parties, as a result of which such persons can receive and transmit data in anonymized form.
These third party software include Google Analytics visitor statistics collection systems.

The composition and conditions for collecting anonymized data using third-party software are determined directly by their copyright holders and may include:

• browser data (type, version, cookie);
• device data and its location;
• operating system data (type, version, screen resolution);
• request data (time, referral source, IP address).

A full description of the conditions for processing anonymized data can be found in the sample Privacy Policy with which we began our article.

We wish you success in developing your own Privacy Policy in accordance with the recommendations of Roskomnadzor and the approaches developed in practice.

Part 3

Compliance with legal requirements for privacy policy

Do you need a privacy policy? You collect personal information about customers, whether through website or page transactions. in social networks? Then you must create and comply with a privacy policy. In other words, these will be your terms and conditions for the collection, use, transfer and protection of third party data. The Consumer Protection Bureau describes the importance of privacy and policy on its website. The US Small Business Administration also recognizes the importance of confidentiality and privacy, as described on the organization's website.

Review the types of clauses in the privacy policy. The Privacy Policy contains a number of different provisions. It includes, but is not limited to these provisions:

Make sure you don't promise anything you can't deliver. Very often people make a serious mistake when they use phrases like “We do not share your personal information with third parties.” Unfortunately, purchase and sale transactions and Internet transactions as such do not leave the opportunity to avoid the exchange of this information. For example, an intermediary bank that processes payments credit card client must have at least some information about the client. Such statements can be costly to you, so it is important to have the privacy policy reviewed by a legal professional.

This Privacy Policy (hereinafter referred to as the Policy) is an annex to the User Agreement and determines the procedure for processing and protecting personal information about Users that Mann, Ivanov and Ferber Limited Liability Company (hereinafter referred to as the Administration) may receive during their use Administration Services (hereinafter referred to as the Services).

Before using the Service, users should read the terms of this Privacy Policy.

1. General Provisions

1.1. Use of the Service in any form means the User’s unconditional consent to the terms of this Privacy Policy and the conditions for processing his personal information specified therein. In case of disagreement with the terms of the Privacy Policy, the User must refrain from using the Service.

1.2. The Privacy Policy (including any of its parts) may be changed by the Administration without any special notice and without payment of any compensation in connection with this. New edition The Privacy Policy comes into force from the moment it is posted on the Administration website.

1.3. By accepting the terms of this Policy, the User expresses his consent to the Administration’s processing of data about the User for the purposes provided for in this Policy, as well as to the transfer of data about the User to third parties in the cases listed in this Policy.

This consent can be revoked by the User only if he notifies the Administration in writing at least 180 days before the expected date of termination of the use of data by the Administration.

Using the Service using a web browser that accepts data from cookies means the User’s consent that the Administration can collect and process data from cookies for the purposes provided for in this Policy, as well as to transfer data from cookies to third parties in the cases listed in this Policy.

Disabling and/or blocking by the User of the web browser option for receiving data from cookies means a prohibition on the Administration’s collection and processing of data from cookies in accordance with the terms of this Privacy Policy.

1.4. By general rule The Administration does not verify the accuracy of the personal information provided by Users. However, in cases provided for in the User Agreement, the User is obliged to provide confirmation of the accuracy of the personal information about himself provided by him.

2. Composition of information about Users that the Administration receives and processes

2.1. This Policy applies to the following types of personal information:

2.1.1. Personal information posted by Users, incl. about yourself when filling out the form for sending a message, other personal information to which the User provides access to the Administration through websites or services of third parties, or personal information posted by Users in the process of using the Service. Personal information obtained in this way may include, in particular, the User’s last name, first name, telephone number, email address, and order delivery address. Other information is provided by the User at his discretion.

It is prohibited for the User to provide personal data of third parties without permission for such distribution received from third parties or if such personal data of third parties was not obtained by the User himself from publicly available sources of information.

2.1.2. This Policy also applies to candidates for existing vacancies of the Administration, along with other Users. Candidates for vacancies, sending a resume to the Administration using the Service, or by email, for the purpose of an interview and further employment, thus express consent to the processing of the following personal data: last name, first name, patronymic, date of birth, citizenship, city of residence, contacts ( telephone number, email address), place of work and dates of work, as well as other data specified by candidates for vacancies in their resumes.

2.1.3. The Seller guarantees the Buyer to maintain the confidentiality of the following personal information about the Buyer:

— information about the user’s card (last 4 digits);

— information about purchases and orders.

The specified information is transferred by the Seller to third parties solely for the purpose of making payment for the order. payment system; other cases of transfer of this information to third parties are not allowed.

2.1.4. Data automatically transferred to the Service during their use using software installed on the User’s device, incl. IP address, individual network device number (MAC address, device ID), electronic serial number(IMEI, MEID), data from cookies, browser information, operating system, access time, search queries User.

2.1.5. Data additionally provided by Users at the request of the Administration in order to fulfill the Administration’s obligations to Users regarding the use of the Service.

2.1.6. Other information about Users, the collection and/or processing of which is established by the Administration’s user agreement.

3. Purposes of collecting and processing information about Users

3.1. The Administration collects and processes only information about Users, incl. their personal data, which is necessary to fulfill the Administration’s obligations to provide the Service, answer the question asked by the User when sending a message using the Service, as well as fulfill the obligations provided for in the user agreement.

3.2. The Administration may use Users’ personal information for the purposes of:

3.2.1. identification of the party within the framework of agreements between the User and the Administration.

3.2.2.providing services to Users using the Service and to fulfill their obligations to them, incl. clarification of payment data, processing of orders and requests and further improvement of the Service, development of new services.

3.2.3. informing Users about the appearance of new materials on the Site, sending requests regarding the use of the Service, feedback from the User.

3.2.4. performing marketing tasks, conducting statistical and other research based on anonymized data,

3.2.5. informing the User through electronic mailings. By providing his data, the User agrees to receive advertising, informational and service messages (newsletters).

3.3. The purposes of processing personal data of candidates for vacancies are:

— Ensuring compliance with the requirements of the legislation of the Russian Federation.
— Solving employment issues, registration and regulation of labor relations.
— Reflection of information in personnel documents.
— Other purposes for processing personal data may be approved by order of the Operator.

3.4. Mobile applications may collect anonymous data about the user's location in order to provide more correct operation with the choice of payment method. Mobile applications may collect anonymous usage statistics.

3.5. The User hereby expresses his consent to the transfer of personal information about him to the Administration’s partners and third parties for the purposes provided for in clause 3.2 of this Privacy Policy.

3.6. If it is necessary to use personal information about the User for purposes not provided for in this Policy, the Administration requests the User’s consent to such actions.

4. Processing information about Users

4.1. Personal information about Users is stored in accordance with current legislation.

4.2. Personal information about Users is not transferred to third parties, except for the following cases:

4.2.1. The user agreed to such actions.

4.2.2. The transfer is necessary in order to ensure the functioning of the Service and/or its individual functionality.

4.2.3. The transfer is subject to applicable law.

4.2.4. In order to ensure the possibility of protecting the rights and legitimate interests of the Administration and/or third parties in cases where the User violates the terms of the user agreement.

4.2.5. If the Administration takes part in a merger, acquisition or any other form of sale of part or all of its assets. In this case, all obligations to comply with the terms of this Policy are transferred to the acquirer of the Administration’s assets.

4.3. The User is hereby notified and agrees that the Administration may receive personal data of third parties that are provided by the User when using the Service and use them to implement certain functions of the Service, provided that the User guarantees the consent of third parties, data about which is provided by the User when using the Service, for processing by the Administration for the purposes provided for in this Policy, as well as for the transfer of such data in the cases listed in this Policy.

4.4. In addition, the User is hereby notified and agrees that the Administration may receive statistical anonymized (without reference to the User) data about the User’s actions when using the Service.

4.5. Users have the right, upon request, to receive from the Administration information regarding the processing of their personal data.

5. Measures to protect information about Users

5.1. The Administration takes all necessary and sufficient organizational and technical measures to protect personal information about Users from unauthorized or accidental access to it, destruction, modification, blocking, distribution of personal information, as well as from other unlawful actions with it. These measures include, but are not limited to, internal review of data collection, storage and processing processes and security measures, including physical data security measures to prevent unauthorized access to personal information.

5.2. When processing personal data of Users, the Administration is guided by the Federal Law “On Personal Data” dated July 27, 2006 No. 152-FZ.

6. Final provisions

6.1. This Policy, the relationship between the User and the Administration arising in connection with the application of this Policy, as well as issues not regulated by this Policy, are governed by the current legislation of the Russian Federation.

1. General provisions

This personal data processing policy has been drawn up in accordance with the requirements of the Federal Law of July 27, 2006. No. 152-FZ “On Personal Data” and determines the procedure for processing personal data and measures to ensure the security of the personal data of Ivan Sergeevich Mikhailov (hereinafter referred to as the Operator).

1. The operator sets as its most important goal and condition for carrying out its activities the observance of the rights and freedoms of man and citizen when processing his personal data, including the protection of the rights to privacy, personal and family secrets.
2. This Operator’s policy regarding the processing of personal data (hereinafter referred to as the Policy) applies to all information that the Operator can obtain about visitors to the website https://mysite.ru.

2. Basic concepts used in the Policy

1. Automated processing of personal data – processing of personal data using computer technology;
2. Blocking of personal data – temporary cessation of processing of personal data (except for cases where processing is necessary to clarify personal data);
3. Website – a collection of graphic and information materials, as well as computer programs and databases that ensure their availability on the Internet at the network address https://mysite.ru;
4. Personal data information system - a set of personal data contained in databases and ensuring their processing information technologies And technical means;
5. 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 User or other subject of personal data;
6. Processing of personal data – any action (operation) or set of actions (operations) performed using automation tools or without the use of such means with personal data, including collection, recording, systematization, accumulation, storage, clarification (updating, changing), extraction, use, transfer (distribution, provision, access), depersonalization, blocking, deletion, destruction of personal data;
7. Operator – government agency, municipal body, legal or individual, independently or jointly with other persons organizing and (or) carrying out the processing of personal data, as well as determining the purposes of processing personal data, the composition of personal data to be processed, actions (operations) performed with personal data;
8. Personal data - any information relating directly or indirectly to a specific or identified User of the website https://mysite.ru;
9. User – any visitor to the website https://mysite.ru;
10. Providing personal data – actions aimed at disclosing personal data to a certain person or a certain circle of persons;
11. Dissemination of personal data - any actions aimed at disclosing personal data to an indefinite number of persons (transfer of personal data) or familiarizing with personal data to an unlimited number of persons, including the publication of personal data in the media, posting in information and telecommunication networks or providing access to personal data in any other way;
12. Cross-border transfer of personal data – transfer of personal data to the territory of a foreign state to an authority of a foreign state, a foreign individual or a foreign legal entity;
13. Destruction of personal data – any actions as a result of which personal data are destroyed irrevocably with the impossibility of further restoration of the content of personal data in the personal data information system and (or) as a result of which the material media of personal data are destroyed.

3. The Operator may process the following personal data of the User

1. Full Name;
2. Phone number;
3. E-mail address;
4. The site also collects and processes anonymized data about visitors (including cookies) using Internet statistics services (Yandex Metrica and Google Analytics and others).
5. The above data below in the text of the Policy are combined general concept Personal Information.

4. Purposes of processing personal data

1. The purpose of processing the User’s personal data is the conclusion, execution and termination of civil contracts; providing the User with access to services, information and/or materials contained on the website https://mysite.ru; clarification of order details.
2. The Operator also has the right to send notifications to the User about new products and services, special offers and various events. The User can always refuse to receive information messages by sending an email to the Operator [email protected] marked “Opt-out of notifications of new products and services and special offers.”
3. Anonymized data of Users, collected using Internet statistics services, serves to collect information about the actions of Users on the site, improve the quality of the site and its content.

5. Legal grounds for processing personal data

1. The Operator processes the User’s personal data only if it is filled out and/or sent by the User independently through special forms located on the website https://mysite.ru. By filling out the appropriate forms and/or sending his personal data to the Operator, the User expresses his consent to this Policy.
2. 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. The procedure for collecting, storing, transferring and other types of processing of personal data

The security of personal data processed by the Operator is ensured by implementing legal, organizational and technical measures necessary to fully comply with the requirements of current legislation in the field of personal data protection.

1. The operator ensures the safety of personal data and takes all possible measures to prevent access to personal data by unauthorized persons.
2. The User's personal data will never, under any circumstances, be transferred to third parties, except in cases related to the implementation of current legislation.
3. If inaccuracies in personal data are identified, the User can update them independently by sending a notification to the Operator to the Operator's email address [email protected] marked “Updating personal data”.
4. The period for processing personal data is unlimited. The User may at any time withdraw his consent to the processing of personal data by sending a notification to the Operator via email to the Operator's email address [email protected] marked “Withdrawal of consent to the processing of personal data.”

7. Cross-border transfer of personal data

1. Before the start of cross-border transfer of personal data, the operator is obliged to ensure that the foreign state into whose territory it is intended to transfer personal data provides reliable protection of the rights of personal data subjects.
2. Cross-border transfer of personal data to the territory of foreign states that do not meet the above requirements can only be carried out if there is written consent of the subject of personal data to the cross-border transfer of his personal data and/or execution of an agreement to which the subject of personal data is a party.

8. Final provisions

1. The User can receive any clarification on issues of interest regarding the processing of his personal data by contacting the Operator via email [email protected].
2. IN this document any changes to the Operator’s personal data processing policy will be reflected. The policy is valid indefinitely until it is replaced by a new version.
3. Current version Politicians in free access located on the Internet at https://mysite.ru/policy/.