dated 10.11.2021 No. 24-ОД
Personal Data Processing Policy at LEXPATENT LLC
The policy on processing personal data (hereinafter referred to as the Policy) at LEXPATENT Limited Liability Company (hereinafter referred to as LEXPATENT LLC) shall set out:
purposes and legal grounds for processing personal data;
list of processed personal data;
categories of personal data subjects;
procedures and conditions for processing personal data at LEXPATENT LLC;
rights of personal data subjects whose data is processed by LEXPATENT LLC;
conditions for cross-border transfer of personal data.
1.2 The Policy has been developed in compliance with the Constitution of the Republic of Belarus, Law No. 99-З dated May 7, 2021 “On Personal Data Protection” (hereinafter - the Law) and other legislative acts of the Republic of Belarus on personal data protection.
1.3 The Policy shall be made publicly available on the Internet on LEXPATENT LLC’s website.
1.4 For the purposes of this Policy, the following terms as well as the terms as defined by the Law shall apply:
LEXPATENT LLC’s counterparties – persons who enter into contractual relations with LEXPATENT LLC;
LEXPATENT LLC’s clients – persons in whose name and on whose behalf LEXPATENT LLC performs legally binding and other actions, including those based on the instructions by LEXPATENT LLC’s counterparties;
LEXPATENT LLC’s electronic register for the objects of industrial property rights – a collection of electronic files and folders containing information on cases, the proceedings on which are being or were formerly conducted by LEXPATENT LLC, as well as databases or files containing this information in a composite form;
the archives of LEXSPATENT LLC’s electronic register – part of the register containing information on LEXPATENT LLC’s cases, the proceedings on which have been terminated;
the archives of LEXPATENT LLC’s paper files – paper files, the proceedings on which have been terminated at LEXPATENT LLC.
PURPOSES AND LEGAL GROUNDS FOR PERSONAL DATA PROCESSING, LIST OF PROCESSED PERSONAL DATA, CATEGORIES OF PERSONAL DATA SUBJECTS
2.1 Personal data shall be processed by LEXPATENT LLC with the consent of personal data subjects unless such consent is not required.
2.2 The consent of personal data subjects is not required when personal data is processed by LEXPATENT LLC:
to document employment relations, as well as in the course of employment of employees in cases stipulated by law;
to assign and pay pensions, allowances;
to maintain individual (personalized) records of information on insured persons for the purposes of state social insurance, as well as occupational pension insurance;
to organize and conduct state statistical observations, prepare official statistics;
upon receipt of personal data by LEXPATENT LLC on the basis of an agreement concluded (to be concluded) with a personal data subject, in order to perform the actions set out in the agreement, including when executing powers of attorney for the execution of the relevant agreement;
when such data is specified in a document addressed to LEXPATENT LLC and signed by a personal data subject, in accordance with the content of such document;
with regard to previously disseminated personal data until a personal data subject requests that the processing of disseminated personal data be terminated as well as such data be removed in the absence of other grounds for personal data processing;
if special personal data processed by LEXPATENT LLC is made publicly available as such by a personal data subject him/herself;
for the purposes of administrative and/or criminal proceedings;
for the purposes of administration of justice, enforcement of court orders and other enforcement documents;
when personal data processing is necessary to fulfill the obligations under the law
for scientific or other research purposes, provided that such personal data is rendered anonymous.
2.3 The list of processed personal data, categories of personal data subjects, purposes and legal grounds for personal data processing at LEXPATENT LLC in relation to the relevant subjects are specified in Annex 1 to this Policy.
2.4 LEXPATENT LLC shall process biometric personal data of LEXPATENT LLC’s employees, applicants for employment at LEXSPATENT LLC in the form of a photograph of an individual’s face, as well as special personal data concerning membership in trade unions. Processing of other special personal data, namely: data revealing racial or national identity, political views, religious or other beliefs, health or intimate life, administrative or criminal prosecution, genetic personal data, and other biometric personal data shall not be conducted at LEXPATENT LLC.
2.5 LEXPATENT LLC’s website on the global computer network Internet shall collect and process anonymised data on the users of the website (including cookies).
PROCEDURES AND CONDITIONS FOR PROCESSING PERSONAL DATA
3.1 LEXPATENT LLC shall conduct the processing of personal data, including collection, systematization, storage, alteration, use, anonymization, blocking, dissemination, provision, removal of personal data.
3.2 LEXPATENT LLC shall process:
personal data provided by a personal data subject;
personal data obtained by submitting a request in the manner prescribed by law or by accessing an information resource (system) on the global computer network Internet;
publicly available personal data.
3.3 Should a personal data subject refuse to give consent to their personal data to be processed, given that such consent is required, LEXPATENT LLC shall be entitled to refuse to perform the functions in relation to the said subject, for the implementation of which the relevant information, the processing of which has been refused by the subject, is required.
3.4 LEXPATENT LLC shall not disclose to third parties and shall not disseminate personal data, the processing of which requires consent, without the personal data subject’s consent, unless otherwise provided by the legislation of the Republic of Belarus.
3.5 Access to personal data processed by LEXPATENT LLC shall be allowed only to LEXPATENT LLC’s employees whose job functions involve processing of relevant personal data.
3.6 LEXPATENT LLC as an operator shall have the right to entrust the processing of personal data on behalf of LEXPATENT LLC or in its interests to an authorized person on the basis of an agreement concluded with this person.
The agreement shall contain:
purpose of personal data processing;
list of actions to be performed with personal data by an authorized person
obligations to respect personal data confidentiality;
measures to ensure protection of personal data in accordance with Article 17 of the Law.
The authorized person shall not be not required to obtain the personal data subject’s consent. If the processing of personal data on behalf of LEXPATENT LLC requires the personal data subject’s consent, such consent shall be obtained by LEXPATENT LLC.
Information about authorized persons to whom LEXPATENT LLC entrusts processing of personal data, if their processing requires the personal data subject’s consent, shall be communicated to the personal data subject prior to obtaining their consent to such processing.
3.7 The retention periods of personal data at LEXPATENT LLC shall be determined
in accordance with the retention periods established by the list of standard documents of the National Archives of the Republic of Belarus, formed in the course of activities of state bodies, other organizations and individual entrepreneurs, with indication of retention periods approved by the Decision of the Ministry of Justice of the Republic of Belarus dated May 24, 2012 No.140 – for personal data contained in the documents listed therein;
by the period necessary to fulfill the purposes of personal data processing – for other personal data.
3.8 Personal data processing at LEXPATENT LLC shall be conducted in the following ways:
using automated means;
without the use of automation, provided that personal data can be searched and (or) accessed according to certain criteria (file cabinets, lists, databases, journals, etc.).
3.9 LEXSPATENT LLC shall take necessary legal, organizational and technical measures to protect personal data from unauthorized or accidental access, destruction, alteration, blocking, dissemination and other unauthorized actions, including
issuing local legal acts determining the policy and issues of personal data processing and protection at LEXPATENT LLC;
appointing a structural subdivision or person(s) responsible for internal control over personal data processing
acquainting LEXPATENT LLC’s employees directly engaged in personal data processing with the provisions of the legislation of the Republic of Belarus and local legal acts of LEXPATENT LLC in the field of personal data, including the requirements to personal data protection, and training these employees
creating necessary conditions for working with personal data;
organizing work with information systems in which personal data is processed;
storing personal data to ensure its safety and exclude unlawful access to it.
RIGHTS OF PERSONAL DATA SUBJECTS
4.1 Personal data subjects shall have the right to
withdraw their consent to the processing of personal data by LEXPATENT LLC;
obtain information regarding the processing of personal data at LEXPATENT LLC, including the provision of personal data by LEXPATENT LLC to third parties;
amend the personal data processed by LEXPATENT LLC;
demand that personal data processing by LEXSPATENT LLC be terminated and/or such data be deleted.
4.2 To exercise his/her rights, the personal data subject shall submit an application in writing or in the form of an electronic document to LEXPATENT LLC.
A personal data subject's application shall contain:
personal data subject’s surname, first name, patronymic (if any)
address of his/her residence (place of stay);
personal data subject’s date of birth;
personal data subject’s identification number, in the absence of such number - number of the personal data subject’s identification document, provided that this information was specified by the personal data subject upon giving his/her consent for personal data processing at LEXPATENT LLC or personal data processing is performed by LEXPATENT LLC without the personal data subject’s consent;
a statement of the personal data subject’s requirements;
personal data subject’s signature or electronic digital signature.
4.3 Response to the application shall be sent by LEXPATENT LLC to the personal data subject in the form corresponding to the application form, unless otherwise specified in the application itself.
4.4 Personal data subjects shall be entitled to appeal actions (omissions) and decisions of LEXPATENT LLC related to personal data processing in accordance with the law.
CROSS-BORDER TRANSFER OF PERSONAL DATA
5.1 On the instructions of its counterparties, LEXPATENT LLC shall carry out cross-border transfer of personal data of LEXPATENT LLC’s clients in order to assist them in obtaining legal protection, disposition of rights and protection of their intellectual property rights abroad.
5.2 Cross-border transfer of personal data specified in clause 5.1 of this Policy shall be conducted by LEXPATENT LLC:
to foreign countries, the territory of which provides an adequate level of protection of the rights of personal data subjects (parties to the Convention for the Protection of Individuals with regard to Automatic Processing of Personal Data, adopted in Strasbourg, January 28, 1981) for the reasons specified in paragraph 3 of Article 4, Article 6, paragraph 2 of Article 8 of the Law;
to foreign countries where an adequate level of protection of the rights of personal data subjects is not ensured, for the reasons provided by Article 9 paragraph 1 of the Law.
5.3 Cross-border transfer of personal data referred to in paragraph 5.1 of this Policy shall be conducted by LEXPATENT LLC to patent attorneys, intellectual property offices of foreign countries, regional and international organizations in the field of intellectual property by e-mail, filling out electronic forms on the websites of the offices, regional and international organizations, postal and courier delivery.