POLICY OF LIMITED LIABILITY COMPANY «SMS BY» REGARDING THE PROCESSING OF PERSONAL DATA
1. GENERAL PROVISIONS
1.1. This document defines the Policy on the processing of personal data (hereinafter referred to as the Policy) of the limited liability company SMS By (hereinafter referred to as the Operator, SMS By LLC) in relation to visitors, users of the website of SMS By LLC, located on the Global Computer Network Internet at the link https://www.sms.by, as well as in relation to authorized users of the SMSPlatform software.
1.2. The policy has been developed in accordance with the requirements of the Law of the Republic of Belarus dated 07.05.2021 No. 99-Z "On the Protection of Personal Data" (hereinafter referred to as the Law), other legislative acts of the Republic of Belarus in the field of personal data in order to ensure the protection of personal data, the rights and freedoms of individuals when processing them by SMS Bay LLC.
1.3. Location of SMS Bay LLC: Republic of Belarus, 220013, Minsk, Kulman St., Bldg. 1, Building 3, Office 1 (Office 244); Internet address https://www.sms.by (hereinafter referred to as the Site).
1.4. This Policy does not apply to the processing of personal data in the course of work activities, as well as the processing of cookies, for which the Operator develops and approves separate policies.
1.5. The Operator does not control and is not responsible for third-party websites that the User may access via links available on the Site.
1.6. SMS Bay LLC processes only those personal data that are necessary to achieve the stated purposes and does not allow their excessive processing.
1.7. The following key terms are used in this Policy:
Personal data– any information relating to an identified or identifiable natural person;
Subject of personal data– an individual in respect of whom personal data is processed;
Operator– a legal entity of the Republic of Belarus, another organization, an individual, including an individual entrepreneur (hereinafter, unless otherwise specified, an individual), independently or jointly with other specified persons organizing and (or) carrying out the processing of personal data;
Authorized person– a state body, a legal entity of the Republic of Belarus, another organization, an individual who, in accordance with a legislative act, a decision of a state body that is an operator, or on the basis of an agreement with the operator, process personal data on behalf of the operator or in its interests;
Processing of personal data– any action or set of actions performed with personal data, including collection, systematization, storage, modification, use, depersonalization, blocking, distribution, provision, deletion of personal data;
Cross-border transfer of personal data– transfer of personal data to the territory of a foreign state;
Scroll— Resolution of the Ministry of Justice of the Republic of Belarus dated May 24, 2012 No. 140 “On the list of standard documents of the National Archival Fund of the Republic of Belarus”;
Website— the Operator’s website, accessible via the link: https://www.sms.by;
SMSPlatform software (hereinafter referred to as the software)— the program of SMS Bay LLC for electronic computers (ECM) “SMSPlatform”, presented in an objective form as a set of data and commands intended for the operation of a computer and other computer devices in order to obtain a certain result, including the audiovisual displays generated by it, the documentation accompanying it, as well as its updates installed on the servers and in the network of SMS Bay LLC, access to which is carried out using the Site, with the help of which the Authorized User can carry out Electronic mailings, as well as use other functional capabilities of the software provided by it.
Site visitor— an Internet user who visited the Site;
Authorized user— a legal entity or an individual acting as a party to a public contract for the provision of services posted on the Operator’s Website.
2. PROCESSING OF PERSONAL DATA BY SMS BY LLC AS AN OPERATOR
| Purposes of personal data processing | Categories of personal data subjects whose data are processed | List of personal data processed | Legal grounds for processing personal data | Storage period of personal data |
|---|---|---|---|---|
| Sending a response to a request received on the Site to the Jivo business messenger via the form “Write your message Operators online!” | Persons who sent a request on the Site to the Jivo business messenger via the form “Write your message Operators online!” | Email address, other data specified in the request | Consent (Article 5 of the Law) | 2 months from the date of sending a response to the request |
| Consideration of an application submitted by a site visitor via the "Submit Application" form | ersons who submitted an application using the form on the website “Submit an application” | Your name, contact phone number, email address, and other information specified in the application | Consent (Article 5 of the Law) | 3 years from the date of submission of the application |
| Conducting advertising and information mailings about the Operator's services, promotions and events | Persons who left a request for mailing | Last name, first name, patronymic, contact phone number, email address | Consent (paragraph 3 of clause 3 of Article 5 of the Law) | 3 years from the date of subscription |
| Consideration of the application sent via the form on the website "We give 100 SMS for mailings" | Persons who submitted an application using the form on the website “We give 100 SMS for mailings” | Last name, first name, patronymic, contact phone number, email address, other information specified in the application | On the basis of an agreement concluded (being concluded) with the subject of personal data, for the purpose of performing actions established by this agreement (paragraph 15 of Article 6 of the Law) - in relation to individuals and individual entrepreneurs, or when the processing of personal data is necessary to fulfill the duties (powers) provided for by legislative acts (paragraph 20 of Article 6 of the Law), Article 49, paragraph 5 of Article 186 of the Civil Code - in relation to a legal entity | In case of concluding an agreement - within the timeframes established for storing the agreement. In case of failure to conclude an agreement - 1 year from the date of sending the application. |
| Consideration of an application submitted via the form on the website “We give 1 month without a subscription fee” | Persons who submitted an application using the form on the website “We give 1 month without a subscription fee” | Last name, first name, patronymic, contact phone number, email address, other information specified in the application | On the basis of an agreement concluded (being concluded) with the subject of personal data, for the purpose of performing actions established by this agreement (paragraph 15 of Article 6 of the Law) - in relation to individuals and individual entrepreneurs, or when the processing of personal data is necessary to fulfill the duties (powers) provided for by legislative acts (paragraph 20 of Article 6 of the Law), Article 49, paragraph 5 of Article 186 of the Civil Code - in relation to a legal entity | In case of concluding an agreement - within the timeframes established for storing the agreement. In case of failure to conclude an agreement - 1 year from the date of sending the application. |
| Review of an application submitted via the form on the website “I want to chat with a marketer” | Persons who submitted an application via the form on the website “I want to chat with a marketer” | Last name, first name, patronymic, contact phone number, email address, other information specified in the application | Consent (paragraph 3 of clause 3 of Article 5 of the Law) | 1 year |
| Consideration of an application submitted via the form on the website "Try popular channels for business" | Persons who submitted an application via the form on the website “Try popular channels for business” | Last name, first name, patronymic, contact phone number, email address, other information specified in the application | On the basis of an agreement concluded (being concluded) with the subject of personal data, for the purpose of performing actions established by this agreement (paragraph 15 of Article 6 of the Law) - in relation to individuals and individual entrepreneurs, or when the processing of personal data is necessary to fulfill the duties (powers) provided for by legislative acts (paragraph 20 of Article 6 of the Law), Article 49, paragraph 5 of Article 186 of the Civil Code - in relation to a legal entity | In case of concluding an agreement - within the timeframes established for storing the agreement. In case of failure to conclude an agreement - 1 year from the date of sending the application. |
| Email confirmation to complete registration | Persons who submitted the application for registration | Contact phone number, email address | On the basis of an agreement concluded (being concluded) with the subject of personal data, for the purpose of performing actions established by this agreement (paragraph 15 of Article 6 of the Law) - in relation to individuals and individual entrepreneurs, or when the processing of personal data is necessary to fulfill the duties (powers) provided for by legislative acts (paragraph 20 of Article 6 of the Law), Article 49, paragraph 5 of Article 186 of the Civil Code - in relation to a legal entity | 1 year |
| Provision of services for organizing access to software for sending SMS messages | Authorized users | For individuals, sole proprietors: Last name, first name, middle name, contact telephone number, email address, permanent (temporary) residence address, bank details; for representatives of legal entities: Last name, first name, middle name (if any), position, details of the document confirming authority, contact telephone number, email address, other information specified by the authorized user of the site | On the basis of an agreement concluded (being concluded) with the subject of personal data, for the purpose of performing actions established by this agreement (paragraph 15 of Article 6 of the Law) - in relation to individuals and individual entrepreneurs, or when the processing of personal data is necessary to fulfill the duties (powers) provided for by legislative acts (paragraph 20 of Article 6 of the Law), Article 49, paragraph 5 of Article 186 of the Civil Code - in relation to a legal entity | 3 years after the expiration of the agreement, contract, and the tax authorities' inspection of compliance with tax legislation. If the tax authorities have not conducted an inspection of compliance with tax legislation - 10 years after the expiration of the agreement, contract (clause 70 of the List) |
| Provision of services for organizing the provision of access to software for the implementation of Viber message distribution | Authorized users | For individuals, sole proprietors: Last name, first name, middle name, contact telephone number, email address, permanent (temporary) residence address, bank details; for representatives of legal entities: Last name, first name, middle name (if any), position, details of the document confirming authority, contact telephone number, email address, other information specified by the authorized user of the site | On the basis of an agreement concluded (being concluded) with the subject of personal data, for the purpose of performing actions established by this agreement (paragraph 15 of Article 6 of the Law) - in relation to individuals and individual entrepreneurs, or when the processing of personal data is necessary to fulfill the duties (powers) provided for by legislative acts (paragraph 20 of Article 6 of the Law), Article 49, paragraph 5 of Article 186 of the Civil Code - in relation to a legal entity | 3 years after the expiration of the agreement, contract, and the tax authorities' inspection of compliance with tax legislation. If the tax authorities have not conducted an inspection of compliance with tax legislation - 10 years after the expiration of the agreement, contract (clause 70 of the List) |
| Provision of services for registration of the sender's name with mobile operators | Authorized users | For individuals, sole proprietors: Last name, first name, middle name, contact telephone number, email address, permanent (temporary) residence address, bank details; for representatives of legal entities: Last name, first name, middle name (if any), position, details of the document confirming authority, contact telephone number, email address | On the basis of an agreement concluded (being concluded) with the subject of personal data, for the purpose of performing actions established by this agreement (paragraph 15 of Article 6 of the Law) - in relation to individuals and individual entrepreneurs, or when the processing of personal data is necessary to fulfill the duties (powers) provided for by legislative acts (paragraph 20 of Article 6 of the Law), Article 49, paragraph 5 of Article 186 of the Civil Code - in relation to a legal entity | 3 years after the expiration of the agreement, contract, and the tax authorities' inspection of compliance with tax legislation. If the tax authorities have not conducted an inspection of compliance with tax legislation - 10 years after the expiration of the agreement, contract (clause 70 of the List) |
| Provision of services for registration of the sender's name with the Viber Service Provider | Authorized users | For individuals, sole proprietors: Last name, first name, middle name, contact telephone number, email address, permanent (temporary) residence address, tax residency information, bank details; for representatives of legal entities: Last name, first name, middle name (if any), position, details of the document confirming authority, contact telephone number, email address | On the basis of an agreement concluded (being concluded) with the subject of personal data, for the purpose of performing actions established by this agreement (paragraph 15 of Article 6 of the Law) - in relation to individuals and individual entrepreneurs, or when the processing of personal data is necessary to fulfill the duties (powers) provided for by legislative acts (paragraph 20 of Article 6 of the Law), Article 49, paragraph 5 of Article 186 of the Civil Code - in relation to a legal entity | 3 years after the expiration of the agreement, contract, and the tax authorities' inspection of compliance with tax legislation. If the tax authorities have not conducted an inspection of compliance with tax legislation - 10 years after the expiration of the agreement, contract (clause 70 of the List) |
| Providing consultations to persons who have requested consultation via telephone call | Persons who sought consultation | Surname, first name, patronymic, contact phone number and other information depending on the nature and content of the consultation | On the basis of an agreement concluded (being concluded) with the subject of personal data, for the purpose of performing actions established by this agreement (paragraph 15 of Article 6 of the Law) - in relation to individuals and sole proprietors, or when the processing of personal data is necessary to fulfill the duties (powers) stipulated by legislative acts (paragraph 20 of Article 6 of the Law), Article 49, paragraph 5 of Article 186 of the Civil Code - in relation to a legal entity | Not stored |
| Provision of services for organizing access to software for sending mailings via Business Chat (S-chat) | Authorized users | For individuals, sole proprietors: Last name, first name, middle name, contact phone number, email address, permanent (temporary) residence address, tax residency information, bank details; for representatives of legal entities: Last name, first name, middle name (if any), position, details of the document confirming authority, contact phone number, email address, other information specified by the authorized user of the site | On the basis of an agreement concluded (being concluded) with the subject of personal data, for the purpose of performing actions established by this agreement (paragraph 15 of Article 6 of the Law) - in relation to individuals and individual entrepreneurs, or when the processing of personal data is necessary to fulfill the duties (powers) provided for by legislative acts (paragraph 20 of Article 6 of the Law), Article 49, paragraph 5 of Article 186 of the Civil Code - in relation to a legal entity | 3 years after the expiration of the agreement, contract, and the tax authorities' inspection of compliance with tax legislation. If the tax authorities have not conducted an inspection of compliance with tax legislation - 10 years after the expiration of the agreement, contract (clause 70 of the List) |
| Provision of services for organizing the provision of access to software for sending mailings on the VKontakte social network | Authorized users | For individuals, sole proprietors: Last name, first name, middle name, contact phone number, email address, permanent (temporary) residence address, tax residency information, bank details; for representatives of legal entities: Last name, first name, middle name (if any), position, details of the document confirming authority, contact phone number, email address, other information specified by the authorized user of the site | On the basis of an agreement concluded (being concluded) with the subject of personal data, for the purpose of performing actions established by this agreement (paragraph 15 of Article 6 of the Law) - in relation to individuals and individual entrepreneurs, or when the processing of personal data is necessary to fulfill the duties (powers) provided for by legislative acts (paragraph 20 of Article 6 of the Law), Article 49, paragraph 5 of Article 186 of the Civil Code - in relation to a legal entity | 3 years after the expiration of the agreement, contract, and the tax authorities' inspection of compliance with tax legislation. If the tax authorities have not conducted an inspection of compliance with tax legislation - 10 years after the expiration of the agreement, contract (clause 70 of the List) |
| Provision of services for organizing the provision of access to software for sending mailings on the Odnoklassniki social network | Authorized users | For individuals, sole proprietors: Last name, first name, middle name, contact phone number, email address, permanent (temporary) residence address, tax residency information, bank details; for representatives of legal entities: Last name, first name, middle name (if any), position, details of the document confirming authority, contact phone number, email address, other information specified by the authorized user of the site | On the basis of an agreement concluded (being concluded) with the subject of personal data, for the purpose of performing actions established by this agreement (paragraph 15 of Article 6 of the Law) - in relation to individuals and individual entrepreneurs, or when the processing of personal data is necessary to fulfill the duties (powers) provided for by legislative acts (paragraph 20 of Article 6 of the Law), Article 49, paragraph 5 of Article 186 of the Civil Code - in relation to a legal entity | 3 years after the expiration of the agreement, contract, and the tax authorities' inspection of compliance with tax legislation. If the tax authorities have not conducted an inspection of compliance with tax legislation - 10 years after the expiration of the agreement, contract (clause 70 of the List) |
| Provision of services for organizing access to software for sending mailings on the social network Facebook | Authorized users | For individuals, sole proprietors: Last name, first name, middle name, contact phone number, email address, permanent (temporary) residence address, tax residency information, bank details; for representatives of legal entities: Last name, first name, middle name (if any), position, details of the document confirming authority, contact phone number, email address, other information specified by the authorized user of the site | On the basis of an agreement concluded (being concluded) with the subject of personal data, for the purpose of performing actions established by this agreement (paragraph 15 of Article 6 of the Law) - in relation to individuals and individual entrepreneurs, or when the processing of personal data is necessary to fulfill the duties (powers) provided for by legislative acts (paragraph 20 of Article 6 of the Law), Article 49, paragraph 5 of Article 186 of the Civil Code - in relation to a legal entity | 3 years after the expiration of the agreement, contract, and the tax authorities' inspection of compliance with tax legislation. If the tax authorities have not conducted an inspection of compliance with tax legislation - 10 years after the expiration of the agreement, contract (clause 70 of the List) |
| Provision of services for organizing the provision of access to software for sending mailings on the Instagram social network | Authorized users | For individuals, sole proprietors: Last name, first name, middle name, contact phone number, email address, permanent (temporary) residence address, tax residency information, bank details; for representatives of legal entities: Last name, first name, middle name (if any), position, details of the document confirming authority, contact phone number, email address, other information specified by the authorized user of the site | On the basis of an agreement concluded (being concluded) with the subject of personal data, for the purpose of performing actions established by this agreement (paragraph 15 of Article 6 of the Law) - in relation to individuals and individual entrepreneurs, or when the processing of personal data is necessary to fulfill the duties (powers) provided for by legislative acts (paragraph 20 of Article 6 of the Law), Article 49, paragraph 5 of Article 186 of the Civil Code - in relation to a legal entity | 3 years after the expiration of the agreement, contract, and the tax authorities' inspection of compliance with tax legislation. If the tax authorities have not conducted an inspection of compliance with tax legislation - 10 years after the expiration of the agreement, contract (clause 70 of the List) |
| Provision of services for organizing access to software for sending messages in the Telegram messenger application | Authorized users | For individuals, sole proprietors: Last name, first name, middle name, contact phone number, email address, permanent (temporary) residence address, tax residency information, bank details; for representatives of legal entities: Last name, first name, middle name (if any), position, details of the document confirming authority, contact phone number, email address, other information specified by the authorized user of the site | On the basis of an agreement concluded (being concluded) with the subject of personal data, for the purpose of performing actions established by this agreement (paragraph 15 of Article 6 of the Law) - in relation to individuals and individual entrepreneurs, or when the processing of personal data is necessary to fulfill the duties (powers) provided for by legislative acts (paragraph 20 of Article 6 of the Law), Article 49, paragraph 5 of Article 186 of the Civil Code - in relation to a legal entity | 3 years after the expiration of the agreement, contract, and the tax authorities' inspection of compliance with tax legislation. If the tax authorities have not conducted an inspection of compliance with tax legislation - 10 years after the expiration of the agreement, contract (clause 70 of the List) |
| Provision of services for organizing access to software for sending messages in the Viber messenger application | Authorized users | For individuals, sole proprietors: Last name, first name, middle name, contact phone number, email address, permanent (temporary) residence address, tax residency information, bank details; for representatives of legal entities: Last name, first name, middle name (if any), position, details of the document confirming authority, contact phone number, email address, other information specified by the authorized user of the site | On the basis of an agreement concluded (being concluded) with the subject of personal data, for the purpose of performing actions established by this agreement (paragraph 15 of Article 6 of the Law) - in relation to individuals and individual entrepreneurs, or when the processing of personal data is necessary to fulfill the duties (powers) provided for by legislative acts (paragraph 20 of Article 6 of the Law), Article 49, paragraph 5 of Article 186 of the Civil Code - in relation to a legal entity | 3 years after the expiration of the agreement, contract, and the tax authorities' inspection of compliance with tax legislation. If the tax authorities have not conducted an inspection of compliance with tax legislation - 10 years after the expiration of the agreement, contract (clause 70 of the List) |
| Provision of services for organizing access to software for sending messages in the WhatApp messenger application | Authorized users | For individuals, sole proprietors: Last name, first name, middle name, contact phone number, email address, permanent (temporary) residence address, tax residency information, bank details; for representatives of legal entities: Last name, first name, middle name (if any), position, details of the document confirming authority, contact phone number, email address, other information specified by the authorized user of the site | On the basis of an agreement concluded (being concluded) with the subject of personal data, for the purpose of performing actions established by this agreement (paragraph 15 of Article 6 of the Law) - in relation to individuals and individual entrepreneurs, or when the processing of personal data is necessary to fulfill the duties (powers) provided for by legislative acts (paragraph 20 of Article 6 of the Law), Article 49, paragraph 5 of Article 186 of the Civil Code - in relation to a legal entity | 3 years after the expiration of the agreement, contract, and the tax authorities' inspection of compliance with tax legislation. If the tax authorities have not conducted an inspection of compliance with tax legislation - 10 years after the expiration of the agreement, contract (clause 70 of the List) |
| Provision of services for organizing the provision of access to software for the implementation of Voice mailing | Authorized users | For individuals, sole proprietors: Last name, first name, middle name, contact phone number, email address, permanent (temporary) residence address, tax residency information, bank details; for representatives of legal entities: Last name, first name, middle name (if any), position, details of the document confirming authority, contact phone number, email address, other information specified by the authorized user of the site | On the basis of an agreement concluded (being concluded) with the subject of personal data, for the purpose of performing actions established by this agreement (paragraph 15 of Article 6 of the Law) - in relation to individuals and individual entrepreneurs, or when the processing of personal data is necessary to fulfill the duties (powers) provided for by legislative acts (paragraph 20 of Article 6 of the Law), Article 49, paragraph 5 of Article 186 of the Civil Code - in relation to a legal entity | 3 years after the expiration of the agreement, contract, and the tax authorities' inspection of compliance with tax legislation. If the tax authorities have not conducted an inspection of compliance with tax legislation - 10 years after the expiration of the agreement, contract (clause 70 of the List) |
| Provision of services for organizing access to software for sending e-mails | Authorized users | For individuals, sole proprietors: Last name, first name, middle name, contact phone number, email address, permanent (temporary) residence address, tax residency information, bank details; for representatives of legal entities: Last name, first name, middle name (if any), position, details of the document confirming authority, contact phone number, email address, other information specified by the authorized user of the site | On the basis of an agreement concluded (being concluded) with the subject of personal data, for the purpose of performing actions established by this agreement (paragraph 15 of Article 6 of the Law) - in relation to individuals and individual entrepreneurs, or when the processing of personal data is necessary to fulfill the duties (powers) provided for by legislative acts (paragraph 20 of Article 6 of the Law), Article 49, paragraph 5 of Article 186 of the Civil Code - in relation to a legal entity | 3 years after the expiration of the agreement, contract, and the tax authorities' inspection of compliance with tax legislation. If the tax authorities have not conducted an inspection of compliance with tax legislation - 10 years after the expiration of the agreement, contract (clause 70 of the List) |
| Search for tender offers on the websites of organizations, the icetrade.by platform with subsequent submission of a commercial offer and participation in the tender | Persons responsible for conducting the tender | Last name, first name, patronymic of the chairman of the tender committee, email address, telephone number | Processing of previously disseminated personal data (paragraph 19 of Article 6 of the Law) | In case of concluding an agreement - within the timeframes established for storing the agreement. In case of failure to conclude an agreement - 1 year from the date of sending the application. |
| Consideration of the application for participation in the tender | Persons who submitted an application via the form on the website “Invite us to a tender” | Name, contact phone number, email address | On the basis of an agreement concluded (being concluded) with the subject of personal data, for the purpose of performing actions established by this agreement (paragraph 15 of Article 6 of the Law) - in relation to individual entrepreneurs, or when the processing of personal data is necessary to fulfill the duties (powers) provided for by legislative acts (paragraph 20 of Article 6 of the Law), Article 49, paragraph 5 of Article 186 of the Civil Code - in relation to a legal entity | In case of conclusion of the contract - within the terms established for storage of the contract. In case of failure to conclude the contract - 1 year from the date of filing the application |
| Storage and accounting of documents | Persons whose information is contained in the documents | Surname, first name, patronymic, and other information contained in the document | The processing of personal data is necessary for the performance of duties (powers) stipulated by legislative acts (paragraph twenty of Article 6, paragraph seventeen of clause 2 of Article 8 of the Law), Chapters 4–6 of the Law of the Republic of Belarus dated November 25, 2011 No. 323-Z “On Archival Affairs and Records Management in the Republic of Belarus” | The terms of processing personal data are determined depending on the storage period of documents specified in the List |
| Maintaining a document flow accounting system | Persons whose information is contained in documents registered in the document management system | Surname, first name, patronymic, and other information contained in the registered document | The processing of personal data is necessary for the performance of duties (powers) provided for by legislative acts (paragraph twenty of Article 6, paragraph seventeen of clause 2 of Article 8 of the Law) | The terms of processing personal data are determined depending on the storage period of documents specified in the List |
| Consideration of complaints from personal data subjects | Persons who have filed a complaint against the actions (inactions) of the Operator, other persons whose personal data are indicated in the complaint | Surname, first name, patronymic, address of place of residence (place of stay), content of the complaint, other personal data specified in the complaint | The processing of personal data is necessary for the performance of duties (powers) provided for by legislative acts (paragraph twenty of Article 6, paragraph seventeen of clause 2 of Article 8 of the Law, paragraph three of clause 3 of Article 18 of the Law) | 5 years |
| Consideration of applications/td> | Persons who submitted requests, other persons whose personal data are indicated in the request | Surname, first name, patronymic, address of place of residence (place of stay), content of the request, other personal data specified in the request | The processing of personal data is necessary for the performance of duties (powers) stipulated by legislative acts (paragraph twenty of Article 6, paragraph seventeen of clause 2 of Article 8 of the Law, clause 1 of Article 3 of the Law of the Republic of Belarus "On Appeals of Citizens and Legal Entities") | 5 years |
3. PROCESSING OF PERSONAL DATA BY SMS BY LLC AS AN AUTHORIZED PERSON
| Categories of personal data subjects whose data are processed | List of personal data processed | Purposes of personal data processing | Legal grounds for processing personal data | Storage period of personal data |
|---|---|---|---|---|
| Authorized users subscribers | Contact phone number, other information specified by the authorized user | Provision of services for organizing the provision of access to software for the implementation of email and/or SMS mailings and/or Viber Application and/or via Chatbot and/or WhatApp Application and/or VKontakte social network and/or Odnoklassniki social network and/or Instagram social network and/or Facebook social network or Business Chat (S-chat) and/or via voice mailing and/or Cascade mailings, generating reports, receiving statistics and services for registering the sender's name with Mobile Operators and/or Viber Service Provider, as well as other related services on behalf of and in the interests of authorized users | The existence of a legal basis is ensured by the authorized user | Limited to the period of validity of the agreement with the authorized user of the site and (or) until removal by the site at the direction of the authorized user |
| Authorized users subscribers | Contact phone number, other information specified by the authorized user | Termination of processing and deletion of personal data of Subscribers of authorized users of the site at the direction of authorized users of the site and (or) in the event of termination and (or) expiration of the contract with an authorized user of the site with the sending of a confirming document to the authorized user | The processing of personal data is necessary for the performance of duties (powers) provided for by legislative acts (paragraph 12 of Article 6 of the Law), (Article 16 of the Law) | Limited to the period of validity of the agreement with the authorized user of the site and (or) until removal by the site at the direction of the authorized user |
4. CO-OPERATORS, AUTHORIZED PERSONS, CROSS-BORDER TRANSFER OF PERSONAL DATA
4.1. We process your personal data together with Co-operators:
SOOO "MOBILE TELESYSTEMS", legal address: 220012, Minsk, Nezavisimosti Ave., 95, room 4;
Unitary Enterprise for the provision of services "A1", legal address: Republic of Belarus, 220030, Minsk, Internatsionalnaya St., 36, office 2;
CJSC "BELARUSIAN TELECOMMUNICATIONS NETWORK", legal address: Republic of Belarus, 220030, Minsk, Krasnoarmeyskaya St., 24;
InterConnect Solutions Pte.Ltd, registered address: 68 Circular Road, #02-01, 049422 Singapore;
MetaPlatforms, Inc, Location: USA: Menlo Park, California;
VKontakte LLC, legal address: St. Petersburg, vn.ter.g. municipal district Smolninskoye, Khersonskaya st., 12-14 letter A, premises. 1-H;
ViberMedia S.à r.l., registered address: 2 ruedu Fossé L-1536 Luxembourg, Grand Duchy of Luxembourg;
Telegram Messenger, Inc., Location: Dubai Internet City Technology Park, Office 408, Dubai, United Arab Emirates.
4.2. The operator entrusts the processing of personal data to authorized persons:
Limited Liability Company "Rekuntechnology", legal address: Republic of Belarus, 220069, Minsk, Dzerzhinsky Ave., 3B, office 44;
Limited Liability Company "Bars Capital", legal address: Republic of Belarus, 213810, Mogilev region, Bobruisk, ul. 50 years of the Komsomol, bldg. 32/1, off. 10.
4.3. The Operator carries out cross-border transfer of personal data (including to countries in whose territory the proper level of protection of the rights of personal data subjects is not ensured, in connection with which there is a risk of failure to ensure proper methods of protecting personal data from unauthorized or accidental access to them, modification, blocking, deletion, provision, distribution, commission of other illegal actions in relation to the provided personal data) for sending messages to Subscribers of Authorized Users on behalf of and in the interests of Authorized Users. In this case, the list of transferred personal data of Subscribers of Authorized Users is determined by the Authorized User.
5. RIGHTS OF PERSONAL DATA SUBJECTS
5.1. The subject of personal data has the right:
5.1.1. to revoke their consent if the Operator has contacted the personal data subject to obtain consent for the processing of personal data. The right to revoke consent cannot be exercised if the processing is carried out on other legal grounds (for example, in accordance with the requirements of the law or on the basis of an agreement);
5.1.2. to receive information concerning the processing of your personal data by the Operator, containing:
location of the Operator;
confirmation of the fact of processing of the personal data of the applicant by the Operator;
personal data and the source of their receipt;
legal grounds and purposes of processing personal data;
the period for which consent is given (if the processing of personal data is carried out on the basis of consent);
name and location of the authorized person(s);
other information provided by law;
5.1.3. demand that the Operator make changes to their personal data if the personal data is incomplete, outdated or inaccurate. For these purposes, the personal data subject shall attach the relevant documents and/or their copies certified in the established manner, confirming the need to make changes to the personal data;
5.1.4. to receive information from the Operator about the provision of their personal data processed by the Operator to third parties once per calendar year free of charge, unless otherwise provided by the Law and other legislative acts;
5.1.5. demand that the Operator stop processing their personal data free of charge, including their deletion, in the absence of grounds for processing personal data provided for by the Law and other legislative acts;
5.1.6. to appeal the actions (inactions) and decisions of the Operator that violate his rights when processing personal data, in the manner prescribed by law.
5.2. In order to exercise their rights related to the processing of personal data by the Operator, the subject of personal data shall submit an application to SMS Bay LLC in writing to the postal address specified in subparagraph 1.3 of paragraph 1 of this Policy, or through the state unified (integrated) republican information system for recording and processing applications from citizens and legal entities (https://obrashcheniya.bel), and in the case of exercising the right to revoke consent - in the form in which such consent was received.
Such a statement must contain:
the surname, first name, patronymic (if any) of the subject of personal data, the address of his place of residence (place of stay);
date of birth of the personal data subject;
statement of the essence of the requirements of the personal data subject;
identification number of the personal data subject, or, in the absence of such number, the number of the identity document of the personal data subject, in cases where this information was indicated by the personal data subject when giving his/her consent or the processing of personal data is carried out without the consent of the personal data subject;
personal signature (for an application in written form) or electronic digital signature (for an application in the form of an electronic document) of the subject of personal data.
5.3. SMS Bay LLC does not consider applications from personal data subjects received by other means (e-mail, telephone, etc.).
5.4. For assistance in exercising rights related to the processing of personal data by the Operator, the subject of personal data may contact the person responsible for the implementation of internal control over the processing of personal data at SMS By LLC by sending a message to the e-mail address: anna@sms.by
6. FINAL PROVISIONS
SMS By LLC has the right, at its own discretion, to change and/or supplement this Policy without prior notice to the subjects of personal data, with subsequent posting of the current version of this Policy on the Global Computer Network Internet at www.sms.by.