Consent to the processing of personal data

This consent regulates the legal relations in the field of personal data processing between parties,  in which one party provides its data to another for processing.

The law establishes rules, principles, grounds and security measures, compliance with which is necessary when processing citizens' data.

To establish whether the law has been violated, an individual approach and legal consideration of each individual case is necessary. However, there are two main conditions that are in any case necessary for legitimate data processing: the existence of a legal basis and the grounds established by law for data processing.

Legal grounds are what data processing is unacceptable without.

Data processing is allowed if:

 

а) There is the consent of the data subject – a voluntary, informed and clearly expressed consent to the processing of his personal data. For example, agreeing to the privacy policy posted on the web page, or signing a contract that explains what data should be collected, for what purpose, etc.;

b) data processing is provided by law;

c) data processing is necessary for the processing person to fulfill the obligations imposed by the legislation.

d) data processing is necessary to protect the vital interests of the data subject;

e) data processing is necessary to protect the interests of the processing person or third parties, except in cases where there is an interest that exceeds the protection of the rights and freedoms of the subject;

f)  data processing is necessary to protect the interests of the processing person or third parties, except in cases where there is an interest that exceeds the protection of the rights and freedoms of the subject;

g) according to the law, the data is publicly available or the data subject has made it available, for example, any statement posted by you on social networks;

  h) data processing is necessary to protect important public interests in accordance with the law;

i) data processing is necessary for the consideration of the subject's application or the provision of services to him.

 

 When it comes to processing data of a special category, the law sets higher standards and establishes different grounds for their processing.

 

Processing of special category data is allowed only with the written consent of the data subject or if:

 

а) processing of data related to criminal record and health status is mandatory based on their employment relationship and the quality of the relationship, including for making a decision on hiring;

b)  data processing is necessary to protect the vital interests of the data subject or a third party and the data subject is deprived of the physical or legal ability to consent to data processing;

e)  the data is processed by a public health institution, health care or institution (employee) in order to protect the health of an individual, as well as it is necessary for the management or functioning of the health system;

f)  the data subject has made the data about himself publicly available without an explicit prohibition on their use;

g)  the data is processed by a political, philosophical, religious or professional association or a non-profit organization to carry out legitimate activities. In this case, data processing can only be associated with members of this association/organization or persons who have a permanent connection with them.;

h) The processing of personal data is carried out for the purpose of maintaining a register of personal files and a register of accused/convicted persons, individual planning of serving a sentence by a convicted person and/or releasing a convicted person from an unserved sentence on parole and changing the unserved part of the sentence for him with a lighter punishment;

 

i)                Data processing is carried out in cases expressly provided for by the Law of Georgia on International Protection;

J) the data is processed for the functioning of a single analytical migration data system;

k) the data is processed in order to realize the right to receive education for persons with special educational needs.

  

In order to ensure that the law is not violated when processing data, we must have at least one legal basis.

 

Principles of data processing

For legitimate data processing, only the presence of grounds is not enough. Data processing should be carried out in accordance with specific principles. As well as the grounds, the principles are spelled out in the law.

•Fairness and legality – personal data must be processed fairly and lawfully, without offending the dignity of the person.

• The presence of a clearly defined legitimate purpose – it is necessary to have a specific purpose for which the data is processed. The use of data for other purposes is unacceptable.

•Proportionality and adequacy – the data must be processed to the minimum extent necessary to achieve a specific processing goal. The data must also meet this goal.

• Authenticity and accuracy – the data must be accurate and authentic, and must be updated if necessary. The data collected without legal grounds and processed for inappropriate purposes must be blocked, erased or destroyed.

• Retention period – personal data must be stored for a period specified by law or for a period that is necessary to achieve a mandatory goal. After achieving the goal, the data must be erased or stored in a form that excludes the identification of the person, unless otherwise provided by law.

 

In order for data processing not to violate the law, it is necessary to comply with all five principles defined by law.

Personal data may be disclosed  only in cases stipulated by the legislation of Georgia. In particular, if there is a legal requirement of a third party, such as, for example, disclosure of judicial personal information, or to protect your interests or someone else's vital interests, for example, a state of emergency or the presence of an insurmountable threat to life.

 

 Data processing and storage period

We will store your personal data and process it for the purposes specified in this document, for the duration necessary to carry out the activities specified in this document, or for a period that will be otherwise communicated to you, or for a period that is permissible by applicable law. For example, we may store your personal data if necessary for the purposes of any legal obligations, legal requirements, disputes, litigation/arbitration/mediation.

Unless otherwise provided by the current legislation, the maximum storage period of personal data is 3 (three) years from the date of their receipt and initial processing. After the expiration of the specified period, such personal data will be erased or otherwise destroyed.

Please provide that you have the right at any time to withdraw your consent to the processing of personal data by sending a written notice. In this case, the company stops processing the personal data that you refused to process.

 

 

Legislation

This document is regulated and interpreted on the basis of the current legislation of Georgia, including in accordance with the Law of Georgia on Personal Data Protection.

Consent to this Policy

 

You acknowledge that this Personal Data Processing Policy constitutes a part of our terms and conditions and by giving consent, you unconditionally agree that if  as a result of registration on the application or on the web page, you become an  a user of the service through the application or registration on the website, you agree to the policy of processing your personal information.

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