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

 

Content

  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. The location of the 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 connection with the performance of their official duties, term of personal data storage
  8. Rights of the subject of personal data
  9. Procedure for handling requests of the subject of personal data
  10. State registration of the personal data base


1. General concepts and scope

1.1. Definition of terms:

personal data base - a named set of ordered 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 a personal data base - is 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 its processing, unless otherwise determined by law;

The State Register of Personal Data Bases - is a unified state information system for collecting, accumulating and processing information on registered personal data bases;

Publicly available sources of personal data - directories, address books, registers, lists, catalogs, other systematic collections of open information, which contain personal data, placed and published by a known subject of personal 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 their 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 the processing of his personal data in accordance with the formulated purpose of their processing;

depersonalization of personal data - removal of information that allows the identification of an individual;

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, which are related to the collection, registration, accumulation, storage, adaptation, change, renewal, use and dissemination (distribution, implementation, 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;

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

subject of personal data - a natural person, in relation to whom, in accordance with the law, his or her personal data is processed;

third party - any person, with the exception of the subject of personal data, the owner or manager of the personal data base and the authorized state body for personal data protection issues, to whom the owner or manager of the personal data base transfers personal data in accordance with the law;

special categories of data - personal data about racial or ethnic origin, political, religious or ideological beliefs, membership in political parties and trade unions, as well as data related to health or sex life.

1.2. This Regulation is mandatory for 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:

  • database of personal data 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 personal data in accordance with the stated purpose of their processing.

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

  • a document on a paper medium with details that enable identification of this document and a natural person;
  • an electronic document, which must contain mandatory details that enable identification of this document and a natural person. It is expedient to certify a natural person's voluntary declaration of consent to the processing of his/her personal data with an electronic signature of the subject of personal data;
  • a note on an electronic page of a document or in an electronic file that is processed in an 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 the current legislation.

4.4. 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 the 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 the personal data base

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

 

6. Terms of disclosure of 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 requirements of the law.

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

6.3. The subject of relations related to personal data submits a request for access (hereinafter - a 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 submitting the request (for a natural person - the applicant);
  • name, location of the legal entity submitting the request, position, surname, first name and patronymic of the person certifying the request; confirmation that the content of the request corresponds to the authority of the legal entity (for a legal entity - the applicant);
  • surname, first name and patronymic, as well as other information that allows to identify the natural person in respect of 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 requested personal data;
  • the purpose and/or legal basis for the request.

6.5. The term of examining a 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 person who submits the request that the request will be satisfied or that the relevant personal data are not subject to provision, indicating the grounds defined in the relevant regulatory legal act. The request is satisfied within thirty calendar days from the date of its receipt, unless otherwise provided by law.

6.6. Delay of 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 cannot exceed forty-five calendar days.

6.7. Notice of postponement shall be given to 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 of sending the message;
  • the reason for the delay;
  • the period during which the request will be granted.

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

6.10. The rejection notice states:

  • surname, first name, patronymic of the official denying access;
  • the date of sending the message;
  • 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 connection with the performance of their duties, term of personal data storage

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 data base.

The duties 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 field of personal data protection;
  • develop procedures for access to personal data of employees in accordance with their professional or official or work duties;
  • to ensure that the employees of the Owner of the personal data base comply with the requirements of the legislation of Ukraine in the field of personal data protection and internal documents regulating the activities of the Owner of the personal data base regarding the processing and protection of personal data in the personal data bases;
  • to develop a procedure (procedure) for internal control over compliance with the requirements of the legislation of Ukraine in the field of personal data protection and internal documents regulating the activities of the Owner of a personal database regarding the processing and protection of personal data in personal databases, which, in particular, should contain norms regarding the periodicity of such control;
  • to notify the Owner of the personal data base about the facts of violations by the employees of the requirements of the legislation of Ukraine in the field of personal data protection and internal documents regulating the activity of the Owner of the personal data base regarding the processing and protection of personal data in the personal data bases no 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 notification of the specified subject about his rights.

7.4. In order to fulfill his duties, the responsible person has the right to:

  • 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;
  • to 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;
  • to consider proposals for improving activities and improving work methods, to submit comments and options for eliminating identified deficiencies in the process of personal data processing;
  • receive explanations on issues of personal data processing;
  • to sign and authenticate documents within the limits of their 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 field of personal data protection and internal documents, regarding the processing and protection of personal data in personal databases.

7.6. Employees who have access to personal data, including their processing, are obliged not to disclose in any way personal data entrusted to them or which became known in connection with the performance of professional or official or labor duties of the Such an obligation is valid after they have ceased activities related to personal data, except for cases established by law.

7.7. Persons who have access to personal data, including those who process it, in case of violation of the requirements of the Law of Ukraine "On the Protection of Personal Data" are responsible in accordance with 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 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 manager of this database or to give the appropriate instructions to obtain this information to persons authorized by him, except for cases established by law;
  • to receive information about the conditions for 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 your personal data contained in the relevant personal data base;
  • to receive no later than thirty calendar days from the date of receipt of the request, except in cases provided by law, an answer on whether his personal data is stored in the relevant personal data base, as well as to receive the contents of his personal data that are stored;
  • submit a reasoned demand with an objection to the processing of your personal data by state authorities, local self-government bodies in the exercise of their powers provided for by law;
  • make a reasoned demand for the change or destruction of your personal data by any owner and administrator 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 of them, as well as protection from providing information that is unreliable or dishonors the honor, dignity and business reputation of a natural person;
  • to address issues of protection of one's rights regarding personal data to state authorities, local self-government bodies, whose powers include the protection of personal data;
  • apply legal remedies in case of violation of the legislation on the protection of personal data.


9. 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. The access of the subject of personal data to data about himself 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 enables identification of the subject of personal data;
  • information about the personal data base in respect of which the request is submitted, or information about the owner or manager of this base;
  • list of personal data requested.

9.4. The term of examining a 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 subject of personal data that the request will be satisfied or the relevant personal data shall not be provided, indicating the grounds specified in the relevant regulatory 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 the 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 Protection of Personal Data".