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PRIVACY POLICY FOR PERSONAL DATA

1. Basic Terms and Concepts Used in the Privacy Policy

1.1. Privacy Policy – this policy on the privacy and protection of personal data, establishing the conditions and procedure for the collection and processing of the User's personal data.

1.2. Website – an internet resource publicly available on the Internet at makita.kz, comprising a collection of graphic and informational materials, computer software, and databases, as well as subdomains, the mobile version, and any pages.

1.3. Operator – Limited Liability Partnership "Makita Kazakhstan" (BIN 141040028901, legal address: Republic of Kazakhstan, Almaty, Zakarpatkskaya Street, 45), which carries out the collection, processing, and protection of personal data and is the owner and Administration of the Website.

1.4. User – an individual, a personal data subject, accessing the Website via the Internet and providing their personal data to the Operator through feedback forms or otherwise when using the Website.

1.5. Automated processing of personal data – processing of personal data by means of computer technology.

1.6. Personal Data – information relating to a specific or identifiable subject of personal data (User).

1.7. Processing of personal data – actions aimed at accumulating, storing, modifying, supplementing, using, distributing, anonymizing, blocking, and destroying personal data.

1.8. Blocking of personal data – temporary cessation of processing of personal data (except in cases where processing is necessary to clarify personal data).

1.9. Anonymization of personal data – actions as a result of which it is impossible to determine the ownership of personal data to a specific User or other subject of personal data.

1.10. Provision of personal data – actions aimed at disclosing personal data to a specific person or a specific group of persons.

1.11. Dissemination of personal data – actions as a result of which the transfer of personal data occurs, including through the media or providing access to personal data in any other way.

1.12. Cross-border transfer of personal data – transfer of personal data to the territory of foreign states.

1.13. Destruction of personal data – actions as a result of which it is impossible to restore personal data.

2. General Provisions

2.1. This Privacy Policy has been developed in accordance with the Law of the Republic of Kazakhstan dated May 21, 2013 No. 94-V "On Personal Data and Their Protection" (hereinafter – the Law), as well as other regulatory legal acts in the field of personal data protection and processing, applies to all personal data that the Operator may receive from the personal data subject, defines the procedure for processing personal data and measures to ensure the security of personal data taken by the Operator, in order to protect the rights and freedoms of man and citizen when processing their personal data, including the protection of the rights to privacy, personal and family secrets.

2.2. This Policy applies in conjunction with the User Agreement and Cookie Policy posted on the Website, and applies only to the Website makita.kz. It does not apply to any other websites and is not applicable to third-party websites that may link to the website makita.kz.

2.3. By using the Website and sending inquiries through the Website forms, the User expresses their consent to the collection and processing of their personal data, including their dissemination and cross-border transfer in accordance with this Privacy Policy.

2.4. Use of the Website means the User's full and unconditional consent to this Privacy Policy and the conditions for processing their personal data specified therein. In case of disagreement with these conditions, the User must cease using the Website.

2.5. The Operator's most important goal and condition for carrying out its activities is to observe the rights and freedoms of man and citizen when processing their personal data, including the protection of the rights to privacy, personal and family secrets.

2.6. The Operator generally does not verify the accuracy of the personal information provided by Users and does not monitor their legal capacity. However, the Operator proceeds from the fact that the User provides accurate and sufficient personal information and keeps this information up to date.

3. Concept and Composition of the User's Personal Data

3.1. Within the framework of this Privacy Policy, the User's personal data means:

3.1.1. Personal information that the User provides about themselves or third parties independently when filling out applications/forms or while using the Website, including the User's personal data or the personal data of third parties. Personal information mandatory for provision is marked in a special way. Other information is provided by the User at their discretion.

3.1.2. Data that is automatically transferred to the Website services during their use using the software installed on the User's device, including IP address, cookie data, information about the User's browser (or other program used to access the Website), technical characteristics of the hardware and software used by the User, date and time of access to the services, addresses of requested pages, and other similar information.

3.1.3. The Operator processes the following categories of Users' personal data:

  • surname;
  • first name;
  • patronymic;
  • registration/mailing address;
  • email address;
  • phone numbers.

3.1.4. The Operator processes only the personal data that is voluntarily provided by the User through feedback forms on the Website.

4. Purposes of Processing Personal Data

4.1. The purpose of processing the User's personal data is:

  • identification of Users, including in the Operator's information database;
  • establishing feedback with the User, including audio and video calls, sending notifications, requests concerning the use of the Website, informing the User about products posted on the Website, processing the User's requests and inquiries;
  • informing Users about Makita brand products posted on the Website;
  • informing Users about the operation of service centers and the conditions for product service;
  • informing Users about special offers and promotions;
  • processing User inquiries related to the purchase of products, service, and use of Makita brand products;
  • providing the User with access to services, information and/or materials contained on the Website.

4.2. Anonymized User data collected using internet statistics services serves to collect information about User actions on the Website, improve the quality of the Website and its content.

5. Principles of Personal Data Processing

5.1. Processing of personal data is carried out on a lawful and fair basis.

5.2. Processing of personal data is limited to achieving specific, predetermined, and legitimate purposes. Processing of personal data incompatible with the purposes of collecting personal data is not permitted.

5.3. Merging of databases containing personal data processed for incompatible purposes is not permitted.

5.4. Only personal data that meets the purposes of their processing are subject to processing.

5.5. The content and scope of the processed personal data correspond to the stated purposes of processing. Redundancy of the processed personal data in relation to the stated purposes of their processing is not permitted.

5.6. Storage of personal data is carried out in a form that allows the identification of the personal data subject, no longer than required by the purposes of processing the personal data, unless otherwise provided by the current legislation of the Republic of Kazakhstan.

6. Conditions for Processing Personal Data

6.1. Processing of personal data is carried out with the User's consent to the processing of their personal data.

6.2. Consent to the processing of Personal Data may be given by the User or their representative in any form that allows confirmation of the fact of its receipt, unless otherwise established by the Law and other regulatory legal acts of the Republic of Kazakhstan.

6.3. Employees of the Operator have the right to access Users' Personal Data on paper and electronic media in accordance with their official duties.

6.4. Transfer of the User's Personal Data to third parties, including cross-border transfer, is carried out by the Operator exclusively in accordance with the requirements of the current legislation of the Republic of Kazakhstan and only for the purposes of processing User inquiries, providing service, and for the purpose of fulfilling concluded contracts.

6.5. The Operator has the right to entrust the processing of the User's Personal Data to a third party on the basis of a contract concluded with that party. The third party processing the User's Personal Data on behalf of the Operator is obliged to comply with the principles and rules for processing Personal Data established by the Law, ensuring the confidentiality and security of Personal Data during their processing.

7. Basic Rights and Obligations of the User

7.1. The User has the right to:

  • receive information concerning the processing of their personal data, except for cases provided for by the Law. The information is provided to the User by the Operator in an accessible form, and it shall not contain personal data relating to other Users, except in cases where there are legal grounds for disclosing such personal data. The list of information and the procedure for obtaining it are established by the Law;
  • require the Operator to clarify their personal data, block or destroy them if the personal data is incomplete, outdated, inaccurate, illegally obtained, or not necessary for the stated purpose of processing, as well as take measures provided by law to protect their rights;
  • withdraw consent to the processing of personal data;
  • appeal in the authorized body for the protection of the rights of personal data subjects or in court the unlawful actions or inaction of the Operator in the processing of their personal data;
  • exercise other rights provided for by the legislation of the Republic of Kazakhstan.

7.2. The User is obliged to:

  • provide the Operator with accurate data about themselves;
  • inform the Operator about the clarification (updating, change) of their personal data;
  • perform other duties provided for by the Law.

7.3. Persons who provide the Operator with false information about themselves, or information about another personal data subject without the latter's consent, are liable in accordance with the legislation of the Republic of Kazakhstan.

8. Basic Rights and Obligations of the Operator

8.1. The Operator has the right to:

- receive from the User accurate information and/or documents containing personal data;

  • in the event of the User's withdrawal of consent to the processing of personal data, 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;
  • independently determine the composition and list of measures necessary and sufficient to ensure the fulfillment of the duties provided for by the Law and the regulatory legal acts adopted in accordance with it, unless otherwise provided by the Law or other regulatory legal acts of the Republic of Kazakhstan.

8.2. The Operator is obliged to:

  • provide the User, upon their request, with information concerning the processing of their personal data;
  • organize the processing of personal data in accordance with the procedure established by the current legislation of the Republic of Kazakhstan;
  • respond to requests and inquiries of Users and their legal representatives in accordance with the requirements of the Law;
  • publish or otherwise provide unrestricted access to this Privacy Policy regarding the processing of personal data;
  • take legal, organizational, and technical measures to protect personal data from unauthorized or accidental access, destruction, alteration, blocking, copying, provision, dissemination of personal data, as well as from other unlawful actions in relation to personal data;
  • cease the transfer (dissemination, provision, access) of personal data, cease processing, and destroy personal data in the manner and cases provided for by the Law;
  • perform other duties provided for by the Law.

9. Storage of Personal Data

9.1. To the extent required by the current legislation of the Republic of Kazakhstan, the Operator stores the User's personal data throughout the entire period of their relationship, as well as for a reasonable additional period in accordance with the current statute of limitations legislation, unless otherwise required by the current legislation.

9.2. All information provided by the User is stored on servers that ensure compliance with the requirements of the legislation of the Republic of Kazakhstan on personal data protection. Any information entered by the User on the Website is encrypted using modern cryptographic data transfer protocols (including HTTPS).

10. Measures to Ensure Security and Confidentiality of Personal Data During Their Processing

10.1. When processing Personal Data, the Operator takes necessary and sufficient organizational and technical measures or ensures their adoption, as provided for by legislation in the field of Personal Data protection, to protect Personal Data that require confidentiality from unauthorized or accidental access, destruction, alteration, blocking, copying, dissemination, as well as from other unlawful actions by third parties.

10.2. Measures to ensure the security of Personal Data during their processing, applied by the Operator, are planned and implemented in order to ensure compliance with the requirements of legislation in the field of Personal Data and the regulatory legal acts adopted in accordance with it.

10.3. Ensuring the security of Personal Data is achieved, in particular, by:

10.3.1. appointing a person responsible for organizing the processing of Personal Data;

10.3.2. developing and implementing local acts on issues of Personal Data processing;

10.3.3. identifying threats to the security and confidentiality of Personal Data during their processing;

10.3.4. applying organizational and technical measures to ensure the security and confidentiality of Personal Data;

10.3.5. applying information security tools that have undergone the conformity assessment procedure in the established manner;

10.3.6. restricting access of third parties to the premises where the technical means that process Personal Data are located, as well as where information storage media are kept;

10.3.7. detecting facts of unauthorized access to Personal Data and taking appropriate measures;

10.3.8. familiarizing the Operator's employees directly engaged in the processing of Personal Data with the provisions of this Privacy Policy;

10.3.9. familiarizing the Operator's employees directly engaged in the processing of Personal Data with the provisions of the legislation of the Republic of Kazakhstan on personal data and their protection regarding the processing of personal data, requirements for the protection of personal data;

10.3.10. monitoring the measures taken to ensure the security of Personal Data.

10.4. When processing personal data, the Operator ensures the confidentiality of personal data.

11. List of Actions Performed by the Operator with Obtained Personal Data

11.1. The Operator collects, records, systematizes, accumulates, stores, clarifies (updates, changes), retrieves, uses, transfers (distributes, provides, accesses), anonymizes, blocks, deletes, and destroys personal data.

11.2. The Operator processes Personal Data in the following ways:

  • nonautomated processing of Personal Data;
  • automated processing of Personal Data.

11.3. The Operator carries out automated processing of personal data with or without the receipt and/or transfer of the obtained information via information and telecommunication networks.

11.4. The User consents to the recording of telephone conversations, oral and video consultations, which are subsequently encrypted, in order to confirm the fact of the user's request and to monitor the quality of consultations provided. These recordings are not subject to disclosure or transfer to third parties without the user's written consent to such disclosure and transfer.

12. Cookies

12.1. The Website may use cookies and other similar technologies.

12.2. Cookies are used for:

  • ensuring the functioning of the Website;
  • analyzing traffic;
  • improving the user experience.

12.3. The procedure for using cookies is governed by the Cookie Policy posted on the Website.

13. Dispute Resolution

13.1. Before filing a lawsuit regarding disputes arising from the relationship between the User and the Operator, it is mandatory to submit a claim (a written proposal for voluntary dispute resolution).

13.2. The recipient of the claim shall, within 20 calendar days from the date of receipt of the claim, notify the claimant in writing of the results of the consideration of the claim.

13.3. If an agreement is not reached, the dispute will be submitted for consideration to a court in accordance with the current legislation of the Republic of Kazakhstan.

13.4. The current legislation of the Republic of Kazakhstan applies to this Privacy Policy and the relations between the User and the Operator.

14. Final Provisions

14.1. The Operator has the right to make changes to this Privacy Policy unilaterally in the event of changes in the regulatory legal acts of the Republic of Kazakhstan, as well as at its own discretion.

14.2. This Privacy Policy comes into force from the moment it is published on the Operator's website and applies to the User's personal data obtained both before and after the entry into force of this Privacy Policy.

14.3. The current version is permanently available on the Website on the Internet at https://makita.kz/.

14.4. The User assumes the risks and the obligation to independently monitor on the Operator's Website the posting by the Operator of the list of changes and/or additions to the terms of the Privacy Policy or its new version.

14.5. Continued use of the Website after the publication of the new version constitutes the User's acceptance of the changes.

15. Contacts

15.1. For questions related to this Privacy Policy or the use of personal data, including for withdrawing consent to the processing of personal data and filing a claim, the User can contact: Republic of Kazakhstan, Almaty, Zakarpatkskaya Street, 45.