Privacy and Personal Data Processing Policy

This Privacy Policy and Personal Data Processing Policy (hereinafter referred to as the “Policy”) governs the procedure for processing and use of personal and other data received by MICA Limited Liability Partnership, BIN 250640030539, duly registered under the laws of the Republic of Kazakhstan (hereinafter referred to as the “RK”), located at: 48 Abay Street, premises 1, Karaganda, 100012, Republic of Kazakhstan (hereinafter referred to as the “Operator”), within the framework of granting the right to use the software — the “4Sell Cashier” Service (hereinafter referred to as the “Service”), developed and provided by the Operator.
The current version of the Policy is permanently available on the Internet at: https://forsell.kz/privacy
By providing personal and other data to the Operator, the User expresses full and unconditional consent to the terms of this Policy. If the User does not agree with the terms, the User must cease using the Operator’s services.
Actual use of the Service by the User constitutes unconditional acceptance of this Policy.

1. TERMS
1.1. User — an individual or legal entity using the Service and obtaining access to the Operator’s services.
1.2. Legislation — the applicable legislation of the Republic of Kazakhstan.
1.3. Personal Data — any information relating to a directly or indirectly identified or identifiable individual (personal data subject) processed by the Operator within the framework of granting access to the Service, including data of the User and third parties whose information is размещed by the User in the Service.
1.4. Data — other information about the User (not included in the definition of Personal Data).
1.5. Registration — completion by the User of the Service Registration Form by providing the required information and submitting scanned documents.
1.6. Registration Form — a form that must be completed by the User to enable full use of the Service.
1.7. “4Sell Cashier” Service (Service) — software designed for automation of cashier operations, transcription and analysis of customer dialogues, service quality control, and sales analytics.

2. COLLECTION AND PROCESSING OF PERSONAL DATA
2.1. The Operator collects and stores only such Personal Data as is necessary to provide Services and interact with the User.
2.2. Personal Data may be used for the following purposes:
2.2.1. provision of Services to the User;
2.2.2. identification of the User;
2.2.3. interaction with the User;
2.2.4. sending advertising materials, information and requests to the User;
2.2.5. conducting statistical and other research.
2.3. The Operator may, inter alia, process the following data:
2.3.1. Full name of the Contact Person;
2.3.2. Contact phone number;
2.3.3. Data transmitted from the User’s CRM systems via integration (API) when using the Service;
2.3.4. List of employees;
2.3.5. Email address;
2.3.6. Sales funnels;
2.3.7. Transaction data;
2.3.8. Technical data automatically transmitted by the User’s device when using the Service (IP address, cookie data, browser information, operating system details, access time and actions performed within the Service);
2.3.9. The above data is independently uploaded by the User within the framework of using the Service. The Operator processes such data on behalf of and in the interests of the User.
2.4. As part of the functioning of the Service, audio recording of conversations may be carried out at the initiative of the User, followed by automatic speech transcription. For the purpose of speech recognition, the Operator engages third-party technology providers: Private Company “ElevenLabs” and Kazdream Technologies LLP. Audio data is transferred in an automated manner via software interfaces strictly in the amount necessary for speech transcription. Such entities process data on the basis of executed agreements providing for confidentiality obligations and implementation of information security measures. Within the framework of such agreements, these entities undertake to ensure a level of data protection not lower than that provided for by this Policy. After receiving the text transcription, further analytical processing is carried out independently by the Operator’s Service.
2.5. The User undertakes to provide accurate Personal Data and not to upload third-party data without appropriate authorization.

3. PROCEDURE FOR PROCESSING PERSONAL AND OTHER DATA
3.1. The Operator undertakes to use Personal Data in accordance with the Law of the Republic of Kazakhstan “On Personal Data and Their Protection” and the Operator’s internal documents.
3.2. Personal Data and other Data of the User shall remain confidential, except where such data is publicly available.
3.3. The Operator has the right to retain an archival copy of Personal Data. If third-party infrastructure and technological solutions are used, processing and storage of data may be carried out on servers located outside the Republic of Kazakhstan. In such cases, the Operator shall take the necessary legal, organizational and technical measures to ensure an adequate level of data protection in accordance with the requirements of the legislation of the Republic of Kazakhstan.
3.4. The Operator has the right to transfer Personal Data and Data without the User’s consent to:
3.4.1. state authorities, including inquiry and investigative bodies, as well as local self-government authorities, upon their reasoned request;
3.4.2. other cases expressly provided for by the applicable legislation of the Republic of Kazakhstan.
3.5. The Operator has the right to transfer Personal Data and Data to third parties not specified in clause 3.4 of this Policy in the following cases:
3.5.1. the User has given consent to such actions;
3.5.2. the transfer is necessary within the framework of the User’s use of the Service or provision of Services to the User.
3.6. The Operator performs automated processing of Personal Data and Data.

4. PERSONAL DATA PROTECTION
4.1. The Operator ensures proper protection of Personal and other Data in accordance with the Legislation and takes necessary and sufficient organizational and technical measures to protect Personal Data.
4.2. The applied protection measures, inter alia, allow Personal Data to be protected against unauthorized or accidental access, destruction, modification, blocking, copying, dissemination, as well as other unlawful actions by third parties.

5. MISCELLANEOUS
5.1. This Policy and relations between the User and the Operator arising in connection with the application of this Policy shall be governed by the laws of the Republic of Kazakhstan.
5.2. All possible disputes shall be resolved in accordance with applicable legislation at the place of registration of the Operator.
Before applying to a court, the User must comply with the mandatory pre-trial procedure and send the Operator a written claim. The response period to such claim shall be 30 (thirty) business days.
5.3. If for any reason one or more provisions of this Policy are declared invalid or unenforceable, this shall not affect the validity or enforceability of the remaining provisions.
5.4. The Operator has the right to amend this Policy (in whole or in part) unilaterally at any time without prior approval of the User. All amendments shall enter into force from the moment of their publication within the Service.
5.5. The User undertakes to independently monitor amendments to the Policy by reviewing its current version.
5.6. All proposals or questions regarding this Policy should be sent by email to support@4sell.ai or by phone at +7 (706) 696-91-11.

6. CONSENT TO PERSONAL DATA PROCESSING
6.1. By using the Operator’s Service, the User consents to the collection, storage, processing and transfer of their Personal Data to the Operator for the purposes provided for in this Policy.
6.2. The personal data subject has the right to:
6.2.1. obtain information regarding the fact, purposes and methods of processing of their Personal Data;
6.2.2. request clarification, blocking or destruction of their Personal Data;
6.2.3. withdraw consent to the processing of Personal Data.
6.3. Consent is granted for the duration of use of the Service and the Operator’s Services, as well as for the subsequent data retention period established by the legislation of the Republic of Kazakhstan.