Regulations on the processing and protection of personal data in personal data bases owned by the seller

 

Contents

  1. General concepts and scope
  2. List of personal data bases
  3. Purpose of personal data processing
  4. The procedure for processing personal data: obtaining consent, notification of rights and actions with personal data of the subject of personal data
  5. Location of personal database
  6. Terms of disclosure of information about personal data to third parties
  7. Protection of personal data: methods of protection, responsible person, employees who directly process and/or have access to personal data in in connection with fulfilment of their official duties, period of storage of personal data
  8. Rights of the subject of personal data
  9. Procedure of work with requests of the subject of personal data
  10. State registration of personal data base

 

1. General concepts and scope

1.1. Definition of terms:

personal data base — named set of organized personal data in electronic form and/or in the form of personal data files;

responsible person — a designated person who organizes work related to the protection of personal data during their processing, in accordance with the law;

the owner of the personal database — a natural or legal person who is granted the right to process this data by law or with the consent of the subject of personal data, who approves the purpose of processing personal data in this database, establishes the composition of this data and the procedures for their processing, unless otherwise specified ;defined by law;

State register of personal data bases — unified state information system for collecting, accumulating and processing information about registered personal data bases;

publicly available sources of personal data — directories, address books, registers, lists, catalogs, other systematized collections of open information, which contain personal data, placed and published by known subject’of personal data data Social networks and Internet resources in which the subject of personal data leaves their personal data are not considered publicly available sources of personal data (unless the subject of personal data expressly states that the personal data is posted for the purpose of free distribution and use);

consent of the subject of personal data — any documented, voluntary expression of will of a natural person regarding the granting of permission for processing of his personal data in accordance with the formulated purpose of their processing;

depersonalization of personal data — extraction of personally identifiable information;

processing of personal data — any action or set of actions performed in whole or in part in an information (automated) system and/or in personal data files that are related to  collection, registration, accumulation, storage, adaptation, change, renewal, use and distribution (distribution, sale, transfer), depersonalization, destruction of information about a natural person;

personal data — information or a set of information about a natural person who is identified or can be specifically identified;

administrator of a personal data base — a natural or legal person who is granted the right to process this data by the owner of the personal data base or by law. A person who is entrusted by the owner and/or administrator of the personal data base to carry out technical work with the personal data base without access to the content of personal data is not a personal data base administrator;

subject’personal data — natural person, in relation to whom, in accordance with law, processing of his personal data is carried out;

third party — any person, with the exception of the subject of personal data, the owner or administrator of the personal data base and the authorized state body for personal data protection issues, the owner of which whether the administrator of the personal data base carries out the transfer of personal data in accordance with the law;

special categories of data — personal data on racial or ethnic origin, political, religious or ideological beliefs, membership in political parties and professional unions, and also data related to health&rsquo ;I or sex life.

1.2. This Regulation is mandatory for application by the responsible person and the seller's employees who directly process and/or have access to personal data in connection with the performance of their official duties.

 

2. List of personal data bases

2.1. The seller is the owner of the following personal data bases:

  • personal data base of counterparties.

 

3. Purpose of personal data processing

3.1. The purpose of processing personal data in the system is to ensure the implementation of civil legal relations, providing, receiving and making payments for purchased goods and services in accordance with the Tax Code of Ukraine, the Law of Ukraine "On accounting and financial reporting in" Ukraine».

 

4. The procedure for processing personal data: obtaining consent, notification of rights and actions with personal data of the subject of personal data

4.1. The consent of the subject of personal data must be a voluntary expression of the individual's will to grant permission for the processing of his/her personal data in accordance with the formulated purpose of their processing.

4.2. The consent of the subject of personal data can be given in the following forms:

  • document on paper medium with details, which allows identification of this document and natural person;
  • an electronic document, which must contain mandatory details that enable identification of this document and a natural person. Voluntary expression of will of a natural person regarding the granting of permission for processing of his personal data should be certified by the electronic signature of the subject of personal data;
  • mark on the electronic page of the document or in the electronic file processed in the information system on the basis of documented software and technical solutions.

4.3. The consent of the subject of personal data is given during the registration of civil legal relations in accordance with current legislation.

4.4. The notification of the subject of personal data about the inclusion of his personal data in the personal data base, the rights defined by the Law of Ukraine "On the Protection of Personal Data", the purpose of data collection and the persons to whom his personal data is transferred is carried out during the registration of civil legal relations in accordance with current legislation.

4.5. The processing of personal data on racial or ethnic origin, political, religious or ideological beliefs, membership in political parties and trade unions, as well as data related to health or sexual life (special categories of data) is prohibited.

 

5. Location of personal database

5.1. The personal data base specified in Section 2 of this Regulation is located at the address of the seller.

 

6. Terms of disclosure of information about personal data to third parties

6.1. The procedure for access to personal data of third parties is determined by the terms of the consent of the subject of personal data, given by the owner of personal data to the processing of this data, or in accordance with the law requirements.

6.2. Access to personal data is not provided to a third party, if the specified person refuses to undertake obligations to ensure compliance with the requirements of the Law of Ukraine "On Protection of Personal Data" or unable to provide them.

6.3. The subject of relations related to personal data submits a request for access (hereinafter — request) to personal data to the owner of personal data.

6.4. The request states:

  • surname, first name and patronymic, place of residence (place of stay) and details of the document certifying the natural person making the request (for the natural person— the applicant);
  • name, location of the legal entity submitting the request, position, surname, first and last name of the person certifying the request; confirmation that the content of the request corresponds to the authority of the legal entity (for the legal entity — the applicant);
  • surname, first name and patronymic, as well as other information that makes it possible to identify the natural person about whom the request is made;
  • information about the personal data base in respect of which the request is submitted, or information about the owner or administrator of this personal data base;
  • list of personal data requested;
  • purpose and/or legal basis for the request.

6.5. The term of study of the request for its satisfaction may not exceed ten working days from the date of its receipt. During this period, the owner of the personal data base shall prove to the known person who submits the request that the request will be satisfied or the relevant personal data shall not be provided, indicating the grounds specified in the relevant legal act. The request is satisfied within thirty calendar days from the date of its receipt, unless otherwise provided by law.

6.6. Delaying access to personal data of third parties is allowed if the necessary data cannot be provided within thirty calendar days from the date of receipt of the request. At the same time, the total term for solving the issues raised in the request may not exceed forty-five calendar days.

6.7. The notice of postponement is delivered to the knowledge of the third party who submitted the request in writing with an explanation of the procedure for appealing such a decision.

6.8. The postponement notice states:

  • surname, first name and patronymic of the official;
  • the date the message was sent;
  • reason for delay;
  • the period during which the request will be satisfied.

6.9. Refusal of access to personal data is permitted if access to them is prohibited by law.

6.10. The notification of refusal states:

  • surname, first name, patronymic of the official denying access;
  • the date the message was sent;
  • reason for refusal.

6.11. The decision to delay or refuse access to personal data can be appealed to the court.

 

7. Protection of personal data: methods of protection, responsible person, employees who directly process and/or have access to personal data in in connection with fulfillment of their official duties, period of storage of personal data

7.1. The owner of the personal data base is equipped with system and software and communication tools that prevent loss, theft, unauthorized destruction, distortion, forgery, copying of information and meet the requirements of international and national standards.

7.2. The responsible person organizes the work related to the protection of personal data during their processing, in accordance with the law. The responsible person is determined by the order of the Owner of the personal database.

Obligations of the responsible person regarding the organization of work related to the protection of personal data during their processing are specified in the job description.

7.3. The responsible person is obliged to:

  • know the legislation of Ukraine in the sphere of personal data protection;
  • develop procedures for access to personal data of employees in accordance with their professional or official or labor duties;
  • ensure compliance by the employees of the Personal Data Base Owner with the requirements of Ukrainian legislation in the field of personal data protection and internal documents regulating the activities of the Personal Data Base Owner regarding the processing and protection of personal data in personal data bases;
  • develop a procedure (procedure) for internal control over compliance with the requirements of Ukrainian legislation in the field of personal data protection and internal documents regulating the activities of the Personal Data Base Owner regarding the processing and protection of personal data in personal data bases, which in particular, it must contain norms regarding the periodicity of such control;
  • notify the Owner of the personal data base about the facts of violations by employees of the requirements of Ukrainian legislation in the  sphere of personal data protection and  internal documents that  regulate the activities of the Owner of the personal data base regarding the processing and  protection of personal data in personal data bases within terms not  ;later than one working day from the moment of detection of such violations;
  • ensure the storage of documents confirming the provision by the subject of personal data of consent to the processing of his personal data and the notification of the specified subject about his rights.

7.4. For the purpose of fulfilling his duties, the responsible person has the right to:

  • receive the necessary documents, including orders and other administrative documents issued by the Owner of the personal data base, related to the processing of personal data;
  • make copies of received documents, including copies of files, any records stored in local computer networks and autonomous computer systems;
  • participate in the discussion of the duties performed by him in the organization of work related to the protection of personal data during their processing;
  • submit for consideration proposals for improving activities and improving work methods, submit comments and options for eliminating identified deficiencies in the process of personal data processing;
  • receive explanations on issues of personal data processing;
  • sign and endorse documents within the limits of one's competence.

7.5. Employees who directly process and/or have access to personal data in connection with the performance of their official (labor) duties are obliged to comply with the requirements of the legislation of Ukraine in the sphere of protection of personal data and internal documents, regarding processing and protection of personal data in personal data bases.

7.6. Employees who have access to personal data, including, carry out their processing, are obliged not to disclose in any way the personal data that they have been entrusted with or that have become known in the communication’ with the performance of professional or official or labor duties. Such an obligation is valid after they have stopped activities related to personal data, except for cases established by law.

7.7. Persons who have access to personal data, including process them in case of violation of the requirements of the Law of Ukraine "On Protection of Personal Data" bear responsibility according to the legislation of Ukraine.

7.8. Personal data must not be stored longer than is necessary for the purpose for which such data is stored, but in any case not longer than the data storage period determined by the consent of the subject of personal data to the processing of this data.

 

8. Rights of the subject of personal data

8.1. The subject of personal data has the right to:

  • know about the location of the personal data base that contains his personal data, its purpose and name, location and/or place of residence (residence) of the owner or administrator of this database or give the appropriate instructions to obtain this information to persons authorized by him, except for cases established by law;
  • receive information about the conditions of providing access to personal data, in particular information about third parties to whom his personal data is transferred, contained in the relevant personal data base;
  • to access to your personal data contained in the relevant personal data base;
  • receive not later than after thirty calendar days from the date of receipt of the request, except for cases provided by law, an answer about whether his/her personal data is stored in the corresponding personal data base, and also receive its content personal data stored;
  • present a reasoned demand with an objection against the processing of your personal data by state authorities, local self-government bodies in the exercise of their powers provided for by law;
  • present a reasoned demand for the change or destruction of your personal data by any owner and manager of this database, if these data are processed illegally or are unreliable;
  • to protect your personal data from illegal processing and accidental loss, destruction, damage in connection with intentional concealment, failure to provide or untimely provision thereof, and also to protection from providing information, that are untrustworthy or disgrace the honor, dignity and business reputation of a natural person;
  • apply with issues of protection of one's rights regarding personal data to state authorities, local self-government bodies, whose powers include the implementation of personal data protection;
  • apply legal remedies in case of violation of the legislation on the protection of personal data.

 

9. The procedure for handling requests of the subject of personal data

9.1. The subject of personal data has the right to receive any information about himself from any subject of relations related to personal data, without specifying the purpose of the request, except for cases established by law .

9.2. Access of the subject of personal data to personal data is free of charge.

9.3. The subject of personal data submits a request for access (hereinafter — request) to personal data to the owner of the personal data base.

The request states:

  • surname, first name and patronymic, place of residence (place of stay) and details of the document certifying the identity of the subject of personal data;
  • other information that makes it possible to identify the person of the subject of personal data;
  • information about the personal data base, in relation to which the request is submitted, or information about the owner or manager of this database;
  • list of requested personal data.

9.4. The term of study of the request for its satisfaction may not exceed ten working days from the date of its receipt. During this period, the owner of the personal data base proves to the known subject of personal data that the request will be satisfied or that the relevant personal data are not subject to provision, indicating the grounds specified in the relevant legal act.

9.5. The request is satisfied within thirty calendar days from the date of its receipt, unless otherwise provided by law.

 

10. State registration of personal data base

10.1. State registration of personal data bases is carried out in accordance with Article 9 of the Law of Ukraine On Personal Data Protection ".