Privacy policy

PRIVACY POLICY

 

Russian Federation, Moscow Revision as of October 01, 2018 

This privacy policy (hereinafter referred to as “Policy”) is developed by the Texel, LLC (hereinafter referred to as “Company”) to comply with regulations of existing legislation of the Russian Federation in the field of personal data and to observe principles of legality, fairness and confidentiality in processing of personal data, obtained in process of services rendering or works performance from the Customer in the terminology of the gratuitous 3D scanning services agreement (hereinafter referred to as “Services Agreement”) or a 3D model development contract agreement (hereinafter referred to as “Contract Agreement”). 

Customer’s execution of the Services Agreement or Contract Agreement with the Company shall mean Customer’s consent with the Policy and its terms. 

1. General

1.1. The Policy is developed in accordance with the Civil Code of the Russian Federation, Federal Law dated July 27, 2006 No.152-FZ “On personal data”, Federal Law dated December 19, 2005 No.160-FZ “On ratification of Council of Europe Convention on protection of individuals in automated personal data processing”, Federal Law dated July 27, 2006 No. 149-FZ “On information, information technologies and information protection”, Regulation of the Government of the Russian Federation dated November 1, 2012 No. 1119 “On approval of requirements to protection of personal data during their processing in personal data information systems”. 

1.2. The Policy discloses methods and principles of personal data processing by the Company, rights and obligations of the Company in personal data processing, rights of the Customer as a personal data subject, and also includes a list of actions used by the Company for the purposes of ensuring personal data security. 

1.3. The Policy is a public document, the text of which is continuously available in the place of 3D scanning services rendering, and also on the Internet at http://texel.graphics/privacy, where it is available to the general public.

1.4. The Policy uses the following main concepts.

1.4.1. Personal data – any information related to a directly or indirectly identified or identifiable individual (personal data subject).

1.4.2. Personal data processing – any action (operation) or a combination of actions (operations) with personal data made using means of automation or without their use, including recording, systematization, accumulation, storage, clarification (update, change), retrieval, use, transfer (distribution, provision, access), including transborder transfer, depersonalization, blocking, deletion, destruction of personal data not covered by the special categories, processing of which, according to the existing legislation of the Russian Federation, requires Customer’s consent.

1.4.3. Personal data use – actions (operations) with personal data made by the Company for the purposes of communication with the Customer.

1.4.4. Personal data subject – individual that is directly or indirectly identifiable with the help of personal data. Personal data subjects include the Customer.

1.4.5. Personal data destruction – actions, as a result of which it becomes impossible to recover personal data content in the personal data information system and/or as a result of which material media bearing the personal data are destroyed.

2. Personal data types

2.1. In process of execution and fulfillment of the Services Agreement and/or Contract Agreement, the Customer shall transfer to the Company the following personal data: 

2.1.1. First Name; 

2.1.2. Last Name;

2.1.3. E-mail Address; 

2.1.4. Phone Number; 

2.1.5. Electronic 3D Model, i.e. digital 3D photographs, obtained as a result of 3D scanning services provision, grouped so that in a combination they fully convey the geometric shape, proportions (dimensions) and other properties (color, texture) of an individual. 

2.2. The Electronic 3D Model characterizes general physiological and biological features of the Customer, based on which it is not possible to identify him or her. The Company does not use the Electronic 3D Model of the Customer in order to identify the personal data subject, therefore the Electronic 3D Model of an individual is not covered by the rules in respect to biometric personal data protection. 

2.3. Since the Company receives personal data exclusively from the Customer, the latter is fully liable for completeness and veracity of personal data, absence of errors, including typographical errors. 

3. Methods, objectives and principles of personal data processing

3.1. The Company shall process personal data by any legal means using means of automation and without means of automation. 

3.2. Collection and further processing of personal data shall be performed by the Company for the following purposes: 

3.2.1. Company’s compliance with the obligations to the Customer under the Services Agreement and Contract Agreement; 

3.2.2. sending information and advertising messages, including offers to participate in competitions, to the Customer’s e-mail. 

3.3. The Company shall store Customer’s personal data for the time, when Customer’s personal data processing is necessary for the purposes specified in clause 3.2 of the Policy. If the Customer withdraws the consent to personal data processing, his or her personal data is destroyed (deleted from the personal data base of the Company) within 30 calendar days from the moment of withdrawal receipt, provided that personal data storage is no longer required for the purposes specified in clause 3.2 of the Policy. 

4. Rights of Customer and Company

4.1. The Company shall be entitled without notification of an authorized body for protection of personal data subject rights to process Customer’s personal data. 

4.2. The Company shall be entitled to any time change objectives, methods and principles of personal data processing by introduction of changes to the Policy. 

4.3. The Company shall be entitled to issue, amend and cancel local regulations, which govern organization of processing and ensuring security of Customer’s personal data. 

4.4. The Company shall be entitled to perform transborder Customer’s personal data processing.

4.5. The Company shall be entitled to process Customer’s personal data for the purposes to promote goods, works, services in the market, including the purposes of Customer participation in competitions and other marketing events, and to transfer Electronic 3D Model to third parties, for provision of virtual electronic pattern fitting services to the Customer, issue of recommendations on style, development of models in multi-user virtual reality environments, games, videos, for participation in competitions, and also for use by other methods.

4.6. In accordance with the provisions of article 152.1 of the Civil Code of the Russian Federation, the Company shall be entitled to process and use the image of the Customer, included into the Electronic 3D Model, without payment of any compensation to the Customer. 

4.7. The Customer shall be entitled to any time request that the Company confirms, amends or deletes Customer’s personal data. 

4.8. The Customer shall be entitled to withdraw the consent to the Company for personal data processing, by sending a relevant message by registered mail with a notice of delivery to the Company’s address.

A consent to receive advertising materials may be withdrawn by the Customer at any time by sending to the Company a relevant notice to the Company’s e-mail specified in the Services Agreement and/or Contract Agreement. After receipt of such notice, the Company shall stop sending messages with advertising materials to the e-mail address specified by the Customer upon registration. 

4.9. The Customer shall be entitled to request from the Company information related to processing of his or her personal data processing, which also contains: 

4.9.1. confirmation of the fact of Customer’s personal data processing by the Company; 

4.9.2. name and location of the Company, data on persons that have access to the personal data or to whom personal data may be disclosed on the basis of the agreement with the operator or on the basis of the federal law; 

4.9.3. processed personal data related to the corresponding Customer, the source of their acquisition; 

4.9.4. timing of personal data processing, including time of their storage; 

4.9.5. procedure for the Customer to exercise rights specified by the existing legislation of the Russian Federation in the field of personal data; 

4.9.6. information on completed or suggested transborder data transfer; 

4.9.7. legal entity name or person name who processes personal data at the instruction of the operator, if processing was or will be instructed to such person. 

4.10. If the Customer believes that any Company’s action or failure to act breached his/her rights and legal interests related to his or her personal data, the Customer shall be entitled to protect his or her rights and legal interests by the following methods:  

4.10.1. apply with a claim to the Company; 

4.10.2. appeal Company’s actions or failures to act to the authorized body for protection of personal data subject rights; 

4.10.3. recover losses and compensation of emotional damages in court. 

5. Personal data security

5.1. The Company, when processing personal data of the Customer, shall take all required legal, organizational and technical measures for their protection against illegal or random access, destruction, change, blocking, copying, provision, distribution, and also from other illegal actions in respect to them. 

5.2. The Company shall not be liable for consequences of Customer’s actions, as a result of which Customer’s personal data becomes public. If the Customer does not want to make his or personal data public, he or she shall refrain from the following actions: provision of a link to Electronic 3D Model to third parties. 

6. New revisions of the Policy

6.1. The Company reserves the right to amend the Policy. 

6.2. When making amendments, the heading of the Policy shall specify the date of approval of the existing revision of the Policy. A new revision of the Policy shall take effect from the moment of its placement in the place of 3D scanning services and placement at the Website on the Internet at the network address specified in clause 1.3 of the Policy.