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1. GENERAL PROVISIONS
“WHALE.app” LLC, BIN 231140012879 (“we”, “our”, “us”) operates the mobile application “Whale.app” (hereinafter referred to as the “mobile application”). We utilize your data to enhance and provide the Service. By accessing the Application and utilizing the Service, you acknowledge and consent to the collection and processing of information as outlined in this policy (“Privacy Policy”).
1.1. This Privacy Policy, governing the collection and processing of personal data (hereinafter referred to as the “Policy”), complies with the requirements of the Law of the Republic of Kazakhstan dated May 21, 2013, No. 94-V “On Personal Data and their Protection”. It delineates the procedures for data collection, processing, and measures for safeguarding personal data. Should you disagree with any part of this Policy, you must cease using our Service, including deleting your account. In such a case, you are not permitted to access the Application or use our Service.
1.2. This Policy applies to personal data obtained by the Operator from Users on the Service, mobile application, and Landing Page.
1.3. This Policy is a publicly available document and shall be accessible on the Service.
1.4. Terms defined in Section 2 of this Policy shall bear the meanings ascribed therein.
2. KEY TERMS USED IN THE POLICY
2.1. Operator: “WHALE.app” LLC responsible for executing the collection and processing of personal data. The Operator defines the processing objectives, the data collected, and the actions taken, either independently or in collaboration with others, to organize and/or carry out personal data processing, and to determine the purposes and procedures of such processing.
2.2. User: An adult individual utilizing the Service and/or mobile application for personal use. By providing personal data through the landing page (whalehealth.app), the User agrees to the terms of the User Agreement. If the User is a minor (under 18 but not less than 16 years old), their account is created with the consent of their legal representatives.
2.3. Third Party: Partners and other entities with contractual relationships with the Operator regarding personal data processing.
2.4. Landing Page: The Operator’s webpage collecting personal data for specific purposes.
2.5. Mobile application: “Whale.app,” a comprehensive tool enabling Users to access the Service from their mobile phones/devices. Technical requirements for Users’ mobile phones/devices and operating systems are specified on the Whale.app application page in the Description/Information section on AppStore, Google Play.
2.6. Personal Data: Information concerning the Service and/or mobile application’s User, provided by them, and processed in accordance with the Policy.
2.7. Personal Data Collection: Actions aimed at obtaining personal data.
2.8. Personal Data Processing: Any actions (operations), with or without automation means, including recording, systematization, accumulation, storage, clarification, extraction, use, transfer, anonymization, blocking, deletion, and destruction of personal data.
2.9. Personal Data Information System: A set of databases ensuring personal data processing.
2.10. Personal Data Provision: Actions aimed at disclosing personal data to specific individuals or groups.
2.11. Personal Data Distribution: Transmission of personal data, including through mass media or other means.
2.12. Cross-Border Transfer of Personal Data: Transfer of data beyond national borders.
2.13. Personal Data Destruction: Actions rendering personal data irretrievable.
2.14. Account: A section in the Application containing the User’s personal information and their usage history of the Service and Application. Access is granted through a unique login and password.
2.15. Services: Provision by the Operator of access to use the Application and its features.
2.16. Website/Platform Administration (hereinafter referred to as Administration): Authorized personnel managing the site, acting on behalf of the “Whale.app” software product, who organize and/or execute personal data processing.
2.17. Cookies: Small data fragments sent from a web server and stored on a User’s computer. These are sent to the web server with each HTTP request when attempting to open a page on the corresponding Site/Platform.
2.18. IP Address: A unique network address of a node in a computer network built on the IP protocol.
3. COLLECTION AND PROCESSING OF PERSONAL DATA
3.1. By accepting the User Agreement and engaging with the mobile application or landing page, users unequivocally consent to the collection and processing of their personal data, including cross-border transfers, as necessary for service provision.
3.2. User consent for data collection and processing remains valid for the duration required to achieve the objectives outlined in Section 4 of this Policy.
3.3. The Operator commits to updating processing timeframes in compliance with legislative requirements if they differ from those stated in Section 4 of this Policy.
3.4. The Operator may share personal data with Third Parties to fulfill obligations and for data processing purposes, except for specific categories of data as outlined in this Policy or by Kazakhstani law.
3.5. Cross-border transfers of personal data by the Operator and/or Third Parties adhere to Kazakhstani legislative requirements.
3.6. Publication of User data in publicly accessible sources requires prior User consent, except for reviews and comments within the Application, which are considered consent for dissemination.
3.7. Personal data is used solely for the purposes stated in this Policy, ensuring compliance with its provisions.
3.8. Upon accessing User data, the Operator and/or Third Parties undertake anonymization and destruction in accordance with Kazakhstani legislation.
3.9. Users may revoke consent for data processing by notifying the Operator via email, provided no outstanding obligations exist.
3.10. Users may update their personal data by informing the Operator via email.
3.11. Users agree to additional documents listed in Section 3.12 upon accepting this Policy.
3.12. Users must comply with the terms outlined in this Policy and additional documents specified in Section 3.12.
4. PERSONAL DATA REQUIRED AND SUFFICIENT FOR TASKS EXECUTION
4.1. When using the Mobile Application, the Operator collects and processes the following personal data of Users:
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Email address, phone number, User’s name (nickname) on Instagram, Google;
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Gender;
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Age;
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Medications and doses, frequency of intake;
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Electronic data (HTTP headers, IP address, cookies, web beacons/pixel tags, browser identifier information, hardware and software data, Wi-Fi network data);
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Date and time of Users’ access to the Application and/or Service;
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Information about Users’ activity during the use of the Mobile Application and/or Service;
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User’s health status and symptoms;
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Consultation sheets and prescriptions from doctors. User account/avatar images on the Internet as the User’s photo/avatar.
4.2. Personal data outlined in clause 4.1. is necessary for achieving the following objectives;
4.3. Conducting analytical activities to summarize the Operator’s economic activities;
4.4. Obtaining feedback from Users to improve and assist in using the Mobile Application;
4.5. Conducting or commissioning statistical and marketing research, including those related to the Operator’s work;
4.6. Offering Users to participate in special promotions, contests, and/or events organized by the Operator;
4.7. Providing Users with recommendations for assessing their well-being;
4.8. Disabling cookies may result in the inability to access parts of the Site/platform requiring authorization.
4.9. The Site collects statistics on the IP addresses of its visitors. This information is used to identify and resolve technical issues and to monitor the legality of financial transactions.
5. OPERATOR’S FUNCTIONS AND AUTHORITY:
5.1.We collect and process Users’ personal data, including email addresses, gender, age, medications, and dosages, essential for the efficient operation of the medication and vitamin tracker.
5.2. We prioritize maintaining a high standard of protection for Users’ personal data.
5.3. We offer timely responses, consultations, and support to Users, ensuring their needs are met while utilizing the medication and vitamin tracker.
5.4. We possess authorized access to Users’ personal data, ensuring confidentiality and restricting usage to designated purposes.
5.5. Our authorized personnel utilize Users’ personal data strictly for approved purposes outlined in this Policy, ensuring secure handling and utmost confidentiality.
6. METHODS AND TIMELINES OF PERSONAL INFORMATION PROCESSING:
6.1. Personal data of the User is processed indefinitely, using lawful means, including within information systems with or without the use of automation tools.
6.2. User’s personal information is maintained confidential unless voluntarily disclosed by the User for public access. Certain services of the Site/Platform may necessitate a portion of the User’s personal information to become publicly accessible.
6.3. The Site may transfer User’s personal information to third parties, such as telecommunication operators, under the following circumstances:
6.3.1. The User has consented to such actions by accepting this privacy policy.
6.3.2. Transfer of personal data is necessary for the User’s use of a specific service on the Site/Platform or for the fulfillment of a particular agreement and/or contract with the User, including the offer agreement.
6.3.3. Transfer of personal data is provided for within the framework of procedures established by applicable legislation.
6.4. User’s personal data may be transferred to authorized government authorities of the Republic of Kazakhstan only based on the grounds and in the manner established by applicable legislation of the Republic of Kazakhstan.
6.5. The Site/Platform Administration implements necessary organizational and technical measures to safeguard User’s personal information from unauthorized or accidental access, destruction, alteration, blocking, copying, distribution, and other unlawful actions by third parties.
6.6. The Site/Platform Administration, in collaboration with the User, takes all necessary measures to prevent losses or other adverse consequences resulting from the loss or disclosure of User’s personal data.
7. APPLICATION OF PERSONAL DATA PROTECTION MEASURES AND ACCOUNT DELETION:
7.1. The Operator ensures data security by implementing legal, organizational, and technical measures as required by current legislation.
7.2. The Operator adheres to all legal requirements concerning personal data protection in the Republic of Kazakhstan.
7.3. Personal data integrity is maintained, and appropriate measures are taken to prevent unauthorized access.
7.4. Personal data is not shared with third parties except as outlined in this Policy and as required by law.
7.5.Users have the right to request the deletion of their personal data.
7.6. Users can delete their account independently or by submitting a request to the Company using the provided contact information.
7.7. Users can appeal to the authorized body if their request for data deletion is denied.
7.8. Measures are taken to protect the confidentiality of User’s personal data in line with industry standards.
7.9. Personal data is blocked upon User’s request or as per the request of their legal representative or the authorized body for data protection.
7.10. Personal data is blocked in case of unlawful processing.
7.11. Processing of personal data is terminated immediately upon User’s withdrawal of consent.
7.12. Personal data is destroyed when it is no longer needed for processing purposes.
7.13. Upon User’s request, information about the processing of their personal data is provided, and if necessary, data is destroyed upon User’s request and presentation of evidence of unlawful acquisition or unnecessary processing.
8. CONCLUDING PROVISIONS:
8.1. Users may seek clarification regarding the collection and processing of their personal data by contacting the Operator via email at info@whalehealth.app.
8.2. Changes to the Policy governing the collection and processing of personal data by the Operator will be documented in this section. The Policy remains in effect indefinitely until superseded by a new version.
8.3. While the Operator does not routinely verify the accuracy of user-provided personal data, it reserves the right to do so. If inaccuracies are discovered, users may be required to take corrective actions as outlined in section 3.11 of the Policy.
8.4. Any revisions to the Policy will be promptly communicated on this page. Users are encouraged to check back regularly for updates.
9. CHANGES TO THIS POLICY:
9.1. We reserve the right to modify this Privacy Policy at our discretion. The date of the latest version is provided at the end of this Policy. If you disagree with any changes, you must cease using the Service and may request the deletion of your Personal Data. Unless stated otherwise, this Policy applies to all Personal Data held by us. Changes become effective immediately upon publication.
9.2. You are responsible for regularly reviewing this Policy and its updates. Your continued use of the Service after such changes are published indicates your acceptance and agreement to the revised Policy.
9.3. In the event of changes, modifications, or deletions to any part of this Policy by decree of a competent court, arbitrator, or arbitration tribunal, unaffected parts of the Policy remain valid for both parties.
10. DISPUTE RESOLUTION:
10.1. Before resorting to legal action for disputes arising between Users and the Site/Platform Administration, it’s mandatory to submit a claim (a written proposal for voluntary dispute resolution).
10.2. The recipient of the claim must inform the claimant in writing of the results of the claim’s consideration within 20 business days from its receipt.
10.3. If no agreement is reached, the dispute will be escalated to the court at the Site/Platform Administration’s location.
10.4. For all inquiries or feedback regarding the application’s functionality, please contact us at the official email address info@whalehealth.app. We commit to addressing your concerns within 20 days of receipt. To expedite the process, kindly provide a detailed description of the issue along with any relevant screenshots or evidence.
11. CONSENT FOR PROCESSING PERSONAL DATA
By continuing to use the Application, you agree to our Privacy Policy. For any inquiries or suggestions, please contact us at: info@whalehealth.app.
In accordance with the Law of the Republic of Kazakhstan “On Personal Data and their Protection,” I hereby consent to “WHALE.app” LLC (hereinafter referred to as the Operator) processing my personal data. This includes collecting, recording, systematizing, storing, updating, transmitting, using, depersonalizing, blocking, and destroying my personal data for various purposes outlined in the Law.
This consent covers all personal data provided by me to the Operator, including:
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Name, Nickname, Username
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Phone number and email address (E-mail)
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Mailing address (if provided) for correspondence and other communications
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Images of the User’s account(s) on internet platforms, serving as the User’s photo (avatar)
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User name (nickname) on Instagram, WhatsApp, and Telegram
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I also authorize access to my personal data by individuals providing support for the Site/Platform and the Operator’s services, as well as by third parties to fulfill the Operator’s obligations.
This consent is effective from the date of providing my personal data to the Operator until the date of its withdrawal. Withdrawal requests must be submitted to the Operator through the technical support service on the Site.
By accepting this consent, I acknowledge that I have read and fully understand all its terms. If you have any questions, please contact us.
Updated date: 02.04.2024