This Personal Data Processing Instruction (hereinafter — the Instruction) is an integral part of the User Agreement with the end user (hereinafter — EU) and applies to the cloud program "HelloClient" (hereinafter — the Program).
If you do not agree with the terms of the Instruction, you may not use the Program.
Acceptance for the purposes of the Instruction is recognized as the fact of starting to use the Program.
For the purposes of this Instruction, the following terms apply:
1.1. The Operator instructs, and the Authorized Person undertakes the obligation to process personal data, performing their accumulation, storage, transfer (in cases provided for by the functionality of the Program) and deletion within the framework of granting the right to use the Program.
1.2. The Authorized Person processes personal data by placing the Operator's Portal on leased capacities in data centers located on the territory of the Republic of Belarus.
1.3. The use of the Program's functionalities by the Operator constitutes written instructions of the Operator, issued to the Authorized Person regarding the processing of personal data.
1.4. The Operator independently determines the purposes of processing personal data, the list of actions performed with respect to personal data, as well as the composition and content of personal data processed in the Program, in accordance with the requirements of the current legislation of the Republic of Belarus.
1.5. The Authorized Person does not control and does not change the list of personal data determined by the Operator within the use of the Program, and also does not process them beyond the actions provided for by the Instruction.
1.6. The Parties have defined an automated method of processing personal data within the Instruction.
1.7. The Instruction is valid throughout the entire period of use of the Program by the Operator in accordance with the License Agreement. After termination of use of the Program, personal data is stored for no more than 3 years, unless otherwise established by law.
2.1. The Operator represents and guarantees that:
2.2. The Operator guarantees that any person processing personal data using the functionalities of the Program, acts on behalf of the Operator and in accordance with its instructions. The Operator is liable to the Authorized Person if such person violates the terms of the Instruction.
2.3. The Operator understands and agrees that in the course of execution of this Instruction, the Authorized Person has the right to involve in the processing of personal data third parties specified in the Personal Data Processing Policy, as well as to transfer personal data, including cross-border transfer to the territory of the Russian Federation, including within the framework of providing specific functionalities of the Program. The Operator guarantees the existence of legal grounds for such transfer.
2.4. The Operator's representations and guarantees specified in clauses 2.1–2.3 are accurate at any time/period of processing of personal data within the Instruction.
2.5. The Operator acknowledges and is aware of the fact of processing and transfer of personal data when using the functionalities of the Program.
3.1. The Authorized Person undertakes to observe the limitation of processing of personal data defined in the Instruction. The Authorized Person undertakes to store personal data within the Instruction independently or under the conditions provided for by the Instruction.
3.2. The Authorized Person undertakes to cooperate in good faith with the Operator and provide reasonable assistance in considering and settling requests (complaints, demands, orders, court claims) related to the Instruction. In particular, the Authorized Person, having received such a request, must duly notify the Operator within 3 (three) working days from the occurrence of the said event.
3.3. The liability of the Authorized Person for violation of the terms of this Instruction is limited to the amount of actual damage, documented, but in any case not more than the cost of the license for the Program for one month, purchased by the Operator. In case the Operator uses the free version of the Program, the Program is provided "as is", and the Authorized Person does not bear liability for violations of the terms of this Instruction.
3.4. The Authorized Person has the right to involve in processing third parties, specified on the page https://helloclient.app/documents/partners , including those located on the territory of the Russian Federation and the EU.
4.1. The Authorized Person is liable to the Operator, and the Operator in turn is liable to the data subject for the actions performed by the Authorized Person in execution of the Instruction.
4.2. The Operator independently makes a decision and is liable for determining whether the Program is suitable for storing and processing personal data according to the legislation of the Republic of Belarus, and also for using the Program in accordance with the legal obligations of the Operator.
4.3. The Operator is responsible for the security of the chosen means of access protection to the Program, and also independently ensures the confidentiality of the processed personal data.
4.4. The Operator is responsible for all actions, as well as their consequences, when using the functionalities of the Program, and all actions performed under the Operator's account are considered performed by the Operator itself.
4.5. The Operator is responsible for responding to requests from data subjects, third parties regarding the Operator's use of the Program for the purposes of processing and storing personal data.
4.6. The Operator is responsible for considering requests from data subjects related to the exercise of their rights, including in cases where the Operator's use of the Program's functionalities affects the rights of said persons.
4.7. The Operator undertakes to provide the Authorized Person with confirmation of the existence of legal grounds for processing personal data and the fact of proper notification of the data subject about their transfer, within 5 (five) calendar days from the receipt of the corresponding request from the Authorized Person.
4.8. In case of presentation to the Authorized Person of claims and demands from third parties, including data subjects and authorized bodies, in connection with the execution of the Instruction, including in case of a claim about the illegality of storage by the Authorized Person of Personal Data placed by the Operator in the Portal, the Operator is obliged to independently settle such claims, protect the Authorized Person from possible losses and participation in the consideration of claims, demands and possible litigation.
4.9. In case of presentation to the Authorized Person of legal claims from third parties, including data subjects and authorized bodies, in connection with the execution of the Instruction, the result of which will be a court decision on recovery of funds from the Authorized Person, the latter has the right to demand from the Operator compensation to the Authorized Person for incurred expenses in the process of settling the court dispute and in execution of the court decision, as well as all incurred by the Authorized Person court expenses, losses in full.
4.10. The Operator bears the risk of impossibility of using the Program, arising as a result of the Authorized Person's obligation to cease storage of personal data on the basis of the Operator's request.
5.1. The Authorized Person takes necessary measures to ensure confidentiality and protection of personal data during their storage with the use of automation means in accordance with the requirements for the protection of personal data established by:
More detailed information about the procedure for processing personal data is presented in the Personal Data Processing Policy, available at: https://helloclient.app/documents/personal-data-processing-policy .
Confidentiality of personal data is ensured in accordance with the Privacy Policy, posted at: https://mhelloclient.app/documents/privacy-policy-for-personal-information .
5.2. The Authorized Person is obliged to take applicable measures to ensure the security of personal data, provided for by:
Such measures include:
5.3. The Authorized Person undertakes to maintain confidentiality of personal data. The Authorized Person is not entitled to distribute and/or provide personal data that became known to it in connection with the execution of this Instruction, including after termination of processing without a legal basis provided for by the legislation of the Republic of Belarus or the Russian Federation.
6.1. If the Authorized Person becomes aware of any breach of personal data protection systems, which leads to unauthorized or accidental access to them, alteration, blocking, copying, distribution, provision, deletion of personal data, as well as other unlawful actions regarding personal data (hereinafter — Breach of Personal Data Protection Systems), the Authorized Person without undue delay:
6.2. The obligation of the Authorized Person to report such Breaches of Personal Data Protection Systems or respond to them in accordance with this section is not an admission by the Authorized Person of any guilt or liability in connection with the Breach of Personal Data Protection Systems.
6.3. The Operator takes necessary and sufficient measures, including exercises control and management of access to the Program, in order to prevent Breach of Personal Data Protection Systems when processing personal data using the Program. Responsibility for the choice of necessary protection and security measures, sufficiency and reliability of said measures lies with the Operator. In case of Breach of Personal Data Protection Systems in connection with actions or inaction of the Operator, the latter undertakes immediately, but no later than 3 (three) calendar days from the date of the event, to notify the Authorized Person, and the Authorized Person is relieved of responsibility for the security and confidentiality of data stored within the Instruction.
7.1. This Instruction is governed by and shall be construed in accordance with the law of the Republic of Belarus, including the Law of the Republic of Belarus of May 7, 2021 No. 99-Z "On Protection of Personal Data" and the Law of the Republic of Belarus of November 10, 2008 No. 455-Z "On Information, Informatization and Protection of Information".
7.2. All disputes that may arise between the Parties in the course of execution of the Instruction shall be resolved through negotiations.
7.3. In case of contradictions between the terms of this Instruction and other terms of use of the Program regarding the processing of personal data, the terms of this Instruction shall apply.
7.4. The Authorized Person reserves the right to make changes and/or additions to the terms of the Instruction unilaterally, notifying the Operator thereof. Upon each access and/or actual use of the Program, the Operator confirms its agreement with the terms of the Instruction in the version effective at the time of actual use of the Program.
8.1. Data subjects have the following rights:
8.2. The Operator is obliged to ensure the exercise of the rights of data subjects in accordance with the legislation of the Republic of Belarus.
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