This privacy policy and rules on processing personal data of the mobile application «TomYumBar Kazakhstan» have been prepared by LLP «LiON Restaurants» for the purpose of obtaining, storing, processing and using personal data of users, as well as exchanging data with other persons.
«Personal data» means information relating to an identified natural person or to a natural person who may be identified on the basis of such information, recorded on electronic media. The information may comprise personal data and/or depersonalised information about the User provided by the User to the Rights Holder and/or collected automatically by the Rights Holder and/or third parties.
«Policy» means this privacy policy for the mobile application (with all supplements and amendments in force).
«Mobile Application» means software (together with all supplements, updates and/or improvements in effect), intended for use on smartphones, tablets, smartwatches and other electronic mobile devices, developed for a specific platform (Android, iOS). For the purposes of this Policy, the Mobile Application means the following software: «TomYumBar Kazakhstan».
«User» means a legal entity or natural person using the Mobile Application on a smartphone, tablet, smartwatch or other electronic mobile device and/or having activated such Mobile Application on one of the said devices.
«Depersonalisation of personal data» means actions as a result of which it becomes impossible to establish that personal data relate to a subject of personal data.
«Cross-border transfer of personal data» means transfer of personal data to the territory of foreign states.
«Legislation» means the Law of the Republic of Kazakhstan «On Personal Data and Their Protection» together with all amendments and supplements thereto, as well as other legislative acts of the Republic of Kazakhstan governing storage, processing, collection and use of personal data.
«Rights Holder» means LLP «LiON Restaurants», which holds exclusive proprietary rights to the TomYumBar Kazakhstan Mobile Application and exercises, in accordance with the laws of the Republic of Kazakhstan, rights of possession, use and disposal over databases containing personal data.
«Recipients of personal data» means the persons listed below who, by means of the TomYumBar Kazakhstan Mobile Application, receive, process and store personal data of users for the purpose of rendering services:
2.3. Should the User restrict or deny access to information, or lodge a complaint with the Rights Holder seeking deletion of Personal Data belonging to him or her, further use of the Mobile Application may be restricted or suspended.
2.4. By installing and/or activating the Mobile Application on a smartphone, tablet, smartwatch or other electronic mobile device, the User accepts the conditions of this Policy and grants consent to the Rights Holder to collect, process, retain and store Personal Data in the manner and on the conditions provided for herein.
2.5. Should the User disagree with any provision of this Policy or find any provision unclear, he or she must immediately discontinue use of the Mobile Application.
2.6. The Rights Holder further reserves the right to collect anonymised statistical information relating to use of the Application which does not qualify as Personal Data and is non-confidential. Such information may be aggregated, among other contexts, upon transmission as «traffic data». The foregoing likewise covers routes of Users through the Application and use of functional capabilities. Such data serve analysis and optimisation of the Application's operation, refinement of functionalities requested by Users, and improvement of quality and speed.
3.1. Collection and processing of the User's Personal Data is effected with his or her knowledge and consent furnished in conformity with this Privacy Policy.
3.2. In connection with use of the Mobile Application, the Rights Holder may automatically collect and process categories of pseudonymous identifiers concerning the User, including without limitation:
3.2.1. information on bandwidth utilisation and volumes of taps/clicks, latency affecting performance of the Mobile Application and analogous technical particulars;
3.2.2. information about the handset through which authentication is performed (equipment identifiers and mobile-operator network particulars), underlying operating-system platform, browsing environment, ancillary browser fingerprints and Internet Protocol numbering.
3.3.1. The Rights Holder does not collect categories of Personal Data that allow unequivocal identification of individual Users.
3.3.2. When the User downloads or uses the Mobile Application, automated information-collection and tracking technologies procure the following particulars:
3.3.2.1. usage details, including log-in information and use of linked information resources to which the User has access inside the Mobile Application;
3.3.2.2. information about the handset and connection to the Internet, including persistent device identifiers, IP address, operating system, particulars of cellular networks and telephone numbers assigned to the device, among other analogous technical particulars.
4.1. Personal Data are collected and processed for the following purposes:
4.1.1. to ensure reliable operation of the Mobile Application, improve responsiveness, refine content and strengthen internal architecture and functionality;
4.1.2. to comply with requirements of Legislation;
4.1.3. to identify Users, including when registering with the Application and creating a User Account;
4.1.4. to provide Users access to personalised resources of the Application;
4.1.5. to maintain communication with Users, including sending notifications and requests concerning use of the Application, changes of functionality, availability of updates and changes to any products or services offered or supplied by the Rights Holder, etc.;
4.1.6. to provide technical support for the Mobile Application, detect malfunctions and eliminate them;
4.1.7. to perform other obligations of the Rights Holder toward the User.
4.2. Personal Data are processed in accordance with the following principles:
4.2.1. lawfulness of purposes and methods of Processing;
4.2.2. good faith.
4.3. Personal Data may be Processed on the following conditions:
4.3.1. consent of the User has been obtained;
4.3.2. the User has made his or her Personal Data available to an unlimited number of persons;
4.3.3. other obligations of the Rights Holder toward the User are being performed.
4.4. Where Personal Data are depersonalised so that the User cannot be identified directly or indirectly, subsequent use and disclosure of such information to Third Parties shall be permitted, and the rules of this Policy shall no longer apply. The Rights Holder implements reasonable measures to protect confidentiality of Personal Data obtained, except where the User has made such data generally accessible.
4.5. Processing is performed using automation tools and without using automation tools. Cross-border transfer of Personal Data is not performed.
5.1. By submitting information through the forms in the Mobile Application, the User expresses consent to Processing of Personal Data for the purposes and scope defined in this Policy.
6.1. The Rights Holder is entitled to disclose Personal Data:
6.1.1. to affiliated persons, branches and representative offices;
6.1.2. to legal successors of the Rights Holder arising upon liquidation, reorganisation or bankruptcy who succeed to exclusive proprietary rights in the Mobile Application;
6.1.3. to Third Parties solely for purposes of enabling the User to obtain particular content or access thereto;
6.1.4. to Third Parties where the User has granted consent to disclosure, transfer or Processing of his or her Personal Data, as well as in other cases expressly provided by Laws or this Policy. The Rights Holder discloses Personal Data only if satisfied that Third Parties will comply with this Policy and apply comparable measures to protect confidentiality of Personal Data as the Rights Holder itself, and where consent to such disclosure has previously been given by the User and/or is permitted under Laws.
7.1. The Rights Holder may place advertising in the Mobile Application, and the User hereby consents to placement of advertising in the Mobile Application.
8.1. Every User may address the Rights Holder with objection to Processing and/or storage of his or her Personal Data by sending an e-mail objecting to Processing and/or storage to a.nurieva@liongroup.kz.
8.2. The User may at any time independently change or delete his or her Personal Data, except where such change or deletion would result in:
8.2.1. breach of this Policy;
8.2.2. contravention of the laws of the Republic of Kazakhstan;
8.2.3. the nature of Personal Data being evidence in any litigation between the Rights Holder and the User or upon demand of law-enforcement agencies or courts of the Republic of Kazakhstan for Personal Data, or in proceedings between Third Parties (including between Third Parties and the User) where information about the User is requested for adjudication of the case.
8.3. The User may change or delete Personal Data by sending an e-mail to a.nurieva@liongroup.kz requesting deletion of personal data pertaining to himself or herself.
9.1. The Rights Holder bears no liability for acts of unrelated Internet sites, webpages, Applications, products or services. Personal Data regimes applicable when accessing such Third-Party offerings are regulated by instruments published elsewhere by their operators.
9.2. The Rights Holder bears no liability for actions of Users vis-à-vis other Users.
10.1. The Rights Holder prohibits publication of profile imagery and/or ancillary User particulars containing:
10.1.2. threatening language or glorification of violence or cruelty;
10.1.3. incitements to breach the laws of the Republic of Kazakhstan or calls to seize power;
10.1.4. likenesses of Third Parties absent their written consent;
10.1.5. pornographic or erotic content;
10.1.6. insults or discrimination, in any form, on grounds of ancestry, social, official or property status, religious beliefs, language, sex, race, nationality or on other grounds prohibited by the laws of the Republic of Kazakhstan;
11.1. Storage is performed by the Rights Holder independently. The retention period for Personal Data is determined by the date on which the objectives of their collection and Processing are achieved, unless the laws of the Republic of Kazakhstan provide otherwise.
12.1. The Mobile Application may be used by persons under the age of eighteen (18) years.
12.2. If a minor User cannot provide consent for Processing of his or her Personal Data from a legal representative (guardian), such User must immediately cease use of the Mobile Application.
13.1. Protection of confidentiality of Personal Data is a priority task for the Rights Holder. The Rights Holder adheres to rules and recommendations on protection of Personal Data established by the laws of the Republic of Kazakhstan.
14.1. Users may access the wording of this Policy at the following hyperlink: https://tyback.ru/en/privacy-policy/
14.2. This version of the Policy is effective from 5 June 2025.
14.3. Amendment and supplementation of the Policy:
14.3.1. The Rights Holder may amend this Policy at any time.
14.3.2. The Rights Holder bears no liability toward the User for changing the terms of this Policy without authorisation and/or consent of the User.
14.3.3. The User undertakes periodically to review provisions of this Policy for possible amendment or supplementation.
14.3.4. The text of the current Privacy Policy appears on the official Internet resource of the Rights Holder at https://tyback.ru/en/privacy-policy/
14.3.5. Continued use of the Application by the User following amendment of the Privacy Policy constitutes unconditional acceptance of such amendments by the User.
14.4. Applicable legislation. This Policy has been prepared in conformity with prevailing laws of the Republic of Kazakhstan on protection of Personal Data including, notably, norms of Law No. 94-V of 21 May 2013 «On Personal Data and Their Protection» (together with all supplements and amendments).
14.5. Risk of disclosure.
14.5.1. Regardless of protective measures undertaken by the Rights Holder, the User acknowledges that transmissions of Personal Data on the Internet cannot be guaranteed wholly secure and therefore transmits such Personal Data voluntarily at the User’s sole risk.
14.6. The User alone bears full responsibility for information provided. At the same time, the Rights Holder assumes that the User supplies accurate and adequate personal information responsive to questions posed in the Application and that the User maintains such information current.
14.7. By registering and using the Mobile Application the User warrants that he or she neither intends nor shall use Application features for inciting racial discrimination, national hatred, propaganda of violence, defamation, dissemination of information incompatible with foundations of law and morality, or drafting or distributing unlawful information and materials.
14.8. Any dispute or disagreement relating to performance of this Privacy Policy shall be resolved, in the first instance, through negotiations between the User and the Rights Holder. Should negotiations fail, disputes shall be adjudicated by the competent court at the location of the Rights Holder pursuant to the procedural laws of the Republic of Kazakhstan.