Personal Data Processing Policy

Personal Data Processing Policy

This Personal Data Processing Policy has been drafted in accordance with the requirements of the Law of the Republic of Kazakhstan dated May 21, 2013, No. 94-V "On Personal Data and Its Protection" (hereinafter referred to as the Personal Data Law) and determines the procedure for processing personal data and the measures taken to ensure the security of personal data by HelperStaff LLP (hereinafter referred to as the Operator).

1.1. The Operator sets as its most important goal and condition for carrying out its activities the observance of human and civil rights and freedoms during the processing of their personal data, including the protection of rights to privacy, and personal and family confidentiality.
1.2. This Operator's policy regarding the processing of personal data (hereinafter referred to as the Policy) applies to all information that the Operator may obtain about visitors to the website https://helperstaff.com/, as well as its pages on Facebook, Instagram, TikTok, Google, Telegram, and LinkedIn.

2. Basic Concepts Used in the Policy
2.1. Automated processing of personal data — the processing of personal data using computer technology.
2.2. Blocking of personal data — the temporary suspension of personal data processing (unless processing is necessary to clarify personal data).
2.3. Website — a set of graphic and informational materials, as well as computer programs and databases, ensuring their availability on the Internet at the network address https://helperstaff.com/.
2.4. Personal data information system — a set of personal data contained in databases, and the information technologies and technical means that ensure its processing.
2.5. Depersonalization of personal data — actions that make it impossible to determine, without the use of additional information, the ownership of personal data by a specific User or other personal data subject.
2.6. Processing of personal data — any action (operation) or a set of actions (operations) performed with or without the use of automation tools with personal data, including collection, recording, systematization, accumulation, storage, clarification (updating, changing), extraction, use, transfer (distribution, provision, access), depersonalization, blocking, deletion, and destruction of personal data.
2.7. Operator — a state body, municipal body, legal entity, or individual that independently or jointly with other persons organizes and/or carries out the processing of personal data, as well as determines the purposes of personal data processing, the composition of personal data to be processed, and the actions (operations) performed with personal data.
2.8. Personal data — any information relating directly or indirectly to a specific or identifiable User of the website https://helperstaff.com/.
2.9. Personal data permitted by the subject for distribution — personal data to which unlimited access is provided by the personal data subject by giving consent to the processing of personal data permitted for distribution in the manner prescribed by the Personal Data Law.
2.10. User — any visitor to the website https://helperstaff.com/.
2.11. Provision of personal data — actions aimed at disclosing personal data to a specific person or a specific circle of persons.
2.12. Distribution of personal data — any actions aimed at disclosing personal data to an indefinite circle of persons (transfer of personal data) or making personal data available to an unlimited circle of persons, including publishing personal data in mass media, posting in information and telecommunication networks, or providing access to personal data in any other way.
2.13. Cross-border transfer of personal data — the transfer of personal data to the territory of a foreign state, to an authority of a foreign state, or to a foreign individual or legal entity.
2.14. Destruction of personal data — any actions resulting in the irretrievable destruction of personal data with the impossibility of further restoring its content in the personal data information system and/or the physical destruction of the material carriers of personal data.


3. Basic Rights and Obligations of the Operator

3.1. The Operator has the right to:

• Receive reliable information and/or documents containing personal data from the personal data subject;
• Continue processing personal data without the consent of the personal data subject if there are grounds specified in the Personal Data Law, in the event the subject withdraws their consent or submits a request to cease processing;
• Independently determine the composition and list of measures necessary and sufficient to ensure the fulfillment of obligations provided by the Personal Data Law and its corresponding regulatory acts, unless otherwise stipulated by the law.

3.2. The Operator is obliged to:

• Provide the personal data subject, upon their request, with information concerning the processing of their personal data;
• Organize the processing of personal data in accordance with the current legislation of the Republic of Kazakhstan;
• Respond to inquiries and requests from personal data subjects and their legal representatives in accordance with the requirements of the Personal Data Law;
• Report necessary information to the authorized body for the protection of personal data subjects' rights within 10 days of receiving such a request;
• Publish or otherwise provide unrestricted access to this Personal Data Processing Policy;
• Take legal, organizational, and technical measures to protect personal data from unlawful or accidental access, destruction, modification, blocking, copying, provision, distribution, as well as from other unlawful actions;
• Cease the transfer (distribution, provision, access), processing, and destroy personal data in the manner and cases stipulated by the Personal Data Law;
• Fulfill other obligations provided for by the Personal Data Law.

4. Basic Rights and Obligations of Personal Data Subjects
4.1. Personal data subjects have the right to:

• Receive information concerning the processing of their personal data, except in cases stipulated by the laws of the Republic of Kazakhstan. The information is provided by the Operator in an accessible form and must not contain personal data relating to other subjects, unless there are legal grounds for disclosure;
• Require the Operator to clarify, block, or destroy their personal data if it is incomplete, outdated, inaccurate, illegally obtained, or not necessary for the stated purpose of processing, and take legal measures to protect their rights;
• Set a condition of prior consent when processing personal data for the purpose of marketing goods, works, and services;
• Withdraw consent to the processing of personal data and submit a demand to cease processing;
• Appeal unlawful actions or inactions of the Operator regarding the processing of their personal data to the authorized body or in court;
• Exercise other rights provided for by the legislation of the Republic of Kazakhstan.

4.2. Personal data subjects are obliged to:

• Provide the Operator with reliable personal data;
• Inform the Operator of any clarification (updates, changes) to their personal data.

4.3. Individuals who have provided the Operator with false information about themselves, or information about another personal data subject without the latter's consent, bear responsibility in accordance with the legislation of the Republic of Kazakhstan.

5. Principles of Personal Data Processing
5.1. The processing of personal data is carried out on a lawful and fair basis.
5.2. The processing of personal data is limited to achieving specific, predetermined, and legitimate purposes. Processing incompatible with the purposes of data collection is prohibited.
5.3. Merging databases containing personal data processed for mutually incompatible purposes is prohibited.
5.4. Only personal data that meets the purposes of its processing is subject to processing.
5.5. The content and volume of the processed personal data strictly correspond to the stated purposes of processing. Redundancy of processed personal data is not allowed.
5.6. During processing, the accuracy, sufficiency, and, where necessary, the relevance of personal data to the processing purposes are ensured. The Operator takes the necessary measures to delete or clarify incomplete or inaccurate data.
5.7. The storage of personal data is carried out in a form that allows for the identification of the subject for no longer than required by the processing purposes, unless a specific storage period is established by law or a contract to which the subject is a party, beneficiary, or guarantor. Processed personal data is destroyed or depersonalized upon achievement of the processing goals, or if the goals are no longer relevant, unless otherwise stipulated by the laws of the Republic of Kazakhstan.

6. Purposes of Personal Data Processing

7. Conditions for Personal Data Processing
7.1. The processing of personal data is carried out with the consent of the personal data subject to the processing of their personal data.
7.2. The processing of personal data is necessary to achieve the goals stipulated by an international treaty of the Republic of Kazakhstan or by law, and for the execution of functions, powers, and duties imposed on the Operator by the legislation of the Republic of Kazakhstan.
7.3. The processing of personal data is necessary for the administration of justice or the execution of a judicial act or an act of another body or official subject to execution in accordance with the legislation of the Republic of Kazakhstan on enforcement proceedings.
7.4. The processing of personal data is necessary for the performance of a contract to which the personal data subject is a party, beneficiary, or guarantor, as well as for concluding a contract initiated by the personal data subject or a contract under which the subject will be a beneficiary or guarantor.
7.5. The processing of personal data is necessary to exercise the rights and legitimate interests of the Operator or third parties, or to achieve publicly significant goals, provided that the rights and freedoms of the personal data subject are not violated.
7.6. Processing is carried out for personal data to which unlimited access has been granted by the personal data subject or at their request (hereinafter referred to as publicly available personal data).
7.7. Processing is carried out for personal data subject to mandatory publication or disclosure in accordance with the laws of the Republic of Kazakhstan.

8. Procedure for Collection, Storage, Transfer, and Other Types of Personal Data Processing
The security of personal data processed by the Operator is ensured through the implementation of legal, organizational, and technical measures necessary to fully comply with the requirements of current legislation in the field of personal data protection.
8.1. The Operator ensures the safety of personal data and takes all possible measures to exclude access to personal data by unauthorized persons.
8.2. The User’s personal data will never, under any circumstances, be transferred to third parties, except in cases related to the execution of applicable law or if the personal data subject has given consent to the Operator to transfer data to a third party to fulfill obligations under a civil law contract.
8.3. In case of detecting inaccuracies in personal data, the User may update it independently by sending a notification to the Operator's email address info@helperstaff.kz marked "Personal Data Update".
8.4. The period for processing personal data is determined by the achievement of the purposes for which the data was collected, unless another period is provided for by contract or applicable law.
The User may at any time withdraw their consent to the processing of personal data by sending a notification via email to the Operator's address info@helperstaff.kz marked "Withdrawal of Consent to Personal Data Processing".
8.5. All information collected by third-party services, including payment systems, communication providers, and other service providers, is stored and processed by these entities (Operators) in accordance with their User Agreement and Privacy Policy. The personal data subject is advised to familiarize themselves with these documents. The Operator is not responsible for the actions of third parties, including the service providers mentioned in this clause.
8.6. Prohibitions set by the personal data subject on the transfer (except for providing access), as well as on processing or conditions of processing (except for obtaining access) of personal data permitted for distribution, do not apply in cases of processing personal data in state, public, and other interests defined by the laws of the Republic of Kazakhstan.
8.7. The Operator ensures the confidentiality of personal data during its processing.
8.8. The Operator stores personal data in a form that permits identification of the subject for no longer than required by the processing purposes, unless the storage period is established by the laws of the Republic of Kazakhstan or a contract to which the subject is a party, beneficiary, or guarantor.
8.9. The condition for terminating the processing of personal data may be the achievement of the processing goals, the expiration of the subject's consent, the withdrawal of consent by the subject, a demand to cease processing, or the identification of unlawful data processing.


9. List of Actions Performed by the Operator with Received Personal Data
9.1. The Operator collects, records, systematizes, accumulates, stores, clarifies (updates, changes), extracts, uses, transfers (distributes, provides, grants access to), depersonalizes, blocks, deletes, and destroys personal data.
9.2. The Operator performs automated processing of personal data with or without receiving and/or transmitting the information via information and telecommunication networks.

10. Cross-Border Transfer of Personal Data
10.1. Prior to commencing the cross-border transfer of personal data, the Operator is obliged to notify the authorized body for the protection of personal data subjects' rights of its intention to carry out cross-border data transfer (such notification is sent separately from the notification of intention to process personal data).
10.2. Prior to submitting the above notification, the Operator is obliged to obtain relevant information from the authorities of the foreign state, foreign individuals, or foreign legal entities to whom the cross-border transfer of personal data is planned.

11. Confidentiality of Personal Data
The Operator and other persons who have gained access to personal data are obliged not to disclose to third parties and not to distribute personal data without the consent of the personal data subject, unless otherwise provided by the laws of the Republic of Kazakhstan.

12. Final Provisions
12.1. The User may receive any clarifications on issues of interest regarding the processing of their personal data by contacting the Operator via email at info@helperstaff.kz.
12.2. This document will reflect any changes to the Operator's personal data processing policy. The Policy remains in effect indefinitely until replaced by a new version.
12.3. The current version of the Policy is freely accessible on the Internet at http://helperstaff.com/privacy-policy.