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

 

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


Content

  1. General concepts and scope
  2. List of personal data bases
  3. Purpose of processing personal data
  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 the personal data base
  6. Conditions for disclosing information about personal data to third parties
  7. Protection of personal data: methods of protection, responsible person, employees directly processing and/or having access to personal data in connection with the performance of their official duties, storage period of personal data
  8. Rights of the subject of personal data
  9. Procedure for handling requests from the subject of personal data
  10. State registration of personal data base

 

1. General concepts and scope

1.1. Definition of terms:

personal database - the so-called set of organized personal data in electronic form and/or in the form of personal data files;

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

owner of a personal database - an individual or legal entity who is granted the right to process this data by law or with the consent of the personal data subject, approving the purpose of processing personal data in this database, establishes the composition of this data and the procedures for processing it, unless otherwise determined by law;

State register of personal databases - a unified state information system for collecting, accumulating and processing information on registered personal data databases;

publicly available sources of personal data - directories, address books, registers, lists, catalogs, other systematized collections of open information containing personal data, posted and published with the knowledge of the personal data subject. Social networks and Internet resources in which the personal data subject leaves their personal data are not considered publicly available sources of personal data (except for cases when the personal data subject expressly states that the personal data are posted for the purpose of their free distribution and use);

consent of the personal data subject - any documented, voluntary expression of will of an individual regarding the granting of permission to process his/her personal data in accordance with the formulated purpose of their processing;

depersonalization of personal data - the removal of information that allows identifying 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 related to the collection, registration, accumulation, storage, adaptation, modification, updating, use and distribution (distribution, sale, transfer), depersonalization, destruction of information about an individual;

personal data - information or a set of information about an individual who is identified or can be specifically identified;

personal data base manager - an individual or legal entity who has been granted the right to process this data by the owner of the personal data base or by law. A person who has been instructed by the owner and/or manager of the personal data base to perform technical work with the personal data base without access to the content of the personal data is not a personal data base manager;

personal data subject - an individual in relation to whom, in accordance with the law, his personal data is processed;

third party - any person, with the exception of the personal data subject, the owner or manager of the personal data base and the authorized state body for the protection of personal data, 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 on racial or ethnic origin, political, religious or ideological beliefs, membership in political parties and trade unions, as well as data concerning health or sex life.

1.2. This Regulation is mandatory for use 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:

  • database of personal data of counteragents.

 

3. Purpose of personal data processing

3.1. The purpose of personal data processing in the system is to ensure the implementation of civil-legal relations, provision, receipt and implementation of 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. Порядок обработки персональных данных: получение согласия, уведомление о правах и действиях с персональными данными субъекта персональных данных

4.1. The consent of the personal data subject must be a voluntary expression of the will of an individual regarding the granting of permission to process his/her personal data in accordance with the formulated purpose of their processing.

4.2. The consent of the personal data subject may be provided in the following forms:

  • a paper document with details that allow this document and the individual to be identified;
  • an electronic document that must contain mandatory details that allow this document and the individual to be identified. It is advisable to certify the voluntary expression of the will of an individual regarding the granting of permission to process his/her personal data by the electronic signature of the personal data subject;
  • a mark on the electronic page of the document or in the electronic file, which is processed in the information system based on documented software and hardware solutions.

4.3. The consent of the personal data subject is provided when formalizing civil law relations in accordance with applicable law.

4.4. The personal data subject is informed 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 collecting data and persons to whom his personal data is transferred is carried out when formalizing civil-law 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 bases specified in Section 2 of this Regulation are located at the address of the seller.

 

6. Conditions for disclosing personal data to third parties

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

6.2. Access to personal data is not provided to a third party if the said person refuses to undertake the obligation to ensure compliance with the requirements of the Law of Ukraine "On the Protection of Personal Data" or cannot ensure them.

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

6.4. The request shall indicate:

  • last name, first name and patronymic, place of residence (place of stay) and details of the document certifying the individual submitting the request (for an individual - the applicant);
  • name, location of the legal entity submitting the request, position, last name, first name and patronymic of the person certifying the request; confirmation that the content of the request complies with the authority of the legal entity (for a legal entity - the applicant);
  • last name, first name and patronymic, as well as other information that allows identifying the individual in respect of whom the request is being made;
  • information about the personal database regarding which the request is being submitted, or information about the owner or manager of this personal database;
  • list of requested personal data;
  • purpose and/or legal grounds for the request.

6.5. The period for studying 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 database notifies the person submitting the request that the request will be satisfied or the relevant personal data are not subject to provision, indicating the grounds determined 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. A deferment 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. In this case, the total period for resolving the issues raised in the request cannot exceed forty-five calendar days.

6.7. A notice of deferment shall be communicated to the third party who submitted the request in writing with an explanation of the procedure for appealing such a decision.

6.8. The notice of deferment shall indicate:

  • the last name, first name, and patronymic of the official;
  • the date the notice was sent;
  • the reason for the deferment;
  • the period within which the request will be satisfied.

6.9. Access to personal data may be denied if access to them is prohibited by law.

6.10. The notice of refusal shall indicate:

  • the last name, first name, and patronymic of the official denying access;
  • the date the notice was sent;
  • the reason for the refusal.

6.11. The decision to postpone or refuse access to personal data may be appealed in court.

 

7. Protection of personal data: protection methods, responsible person, employees directly processing and/or having access to personal data in connection with the performance of their official duties, storage period of personal data

7.1. Owners of the personal database are equipped with system, software, hardware and communication tools that prevent loss, theft, unauthorized destruction, distortion, forgery, copying of information and comply with the requirements of international and national standards.

7.2. The responsible person organizes 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.

The responsibilities of the responsible person for organizing 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 the personal data of employees in accordance with their professional or official or labor duties;
  • ensure that the employees of the personal data base owner comply with the requirements of the Ukrainian legislation in the field of personal data protection and internal documents regulating the activities of the personal data base owner on the processing and protection of personal data in personal data bases;
  • develop a procedure for internal control over compliance with the requirements of the Ukrainian legislation in the field of personal data protection and internal documents regulating the activities of the Personal Data Base Owner on the processing and protection of personal data in personal data bases, which, in particular, must contain standards on the frequency of such control;
  • notify the personal data base owner of the facts of violations by employees of the requirements of the Ukrainian legislation in the field of personal data protection and internal documents regulating the activities of the personal data base owner on the processing and protection of personal data in personal data bases no later than one business day from the moment of detection of such violations;
  • ensure the storage of documents confirming the provision by the personal data subject of consent to the processing of his personal data and notification of the said subject of his rights.

7.4. In order to perform their 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 the received documents, including copies of files, any records stored in local area networks and autonomous computer systems;
  • Participate in the discussion of the duties performed by them in organizing work related to the protection of personal data during their processing;
  • Submit proposals for improving activities and improving work methods, submit comments and options for eliminating identified deficiencies in the process of processing personal data;
  • Receive explanations on issues related to the processing of personal data;
  • Sign and endorse documents within the limits of their competence.

7.5. Employees directly processing and/or having 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 on the processing and protection of personal data in personal data bases.

7.6. Employees who have access to personal data, including those who process it, are obliged to prevent disclosure in any way of personal data that they have been entrusted with or that have become known in connection with the performance of professional or official or work duties. ties. Such an obligation shall apply after they have ceased their activities related to personal data, except in cases established by law.

7.7. Persons who have access to personal data, including those who process it, in the event of their violation of the requirements of the Law of Ukraine "On the Protection of Personal Data" shall be liable in accordance with the legislation of Ukraine.

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

 

8. Rights of the personal data subject

8.1. The personal data subject has the right to:

  • know the location of the personal data base containing his/her personal data, its purpose and name, location and/or place of residence (location) of the owner or manager of this base, or give the appropriate instruction to obtain this information to persons authorized by him/her, except in cases established by law;
  • receive information on the terms of granting access to personal data, in particular information on third parties to whom his/her personal data contained in the relevant personal data base are transferred;
  • to access his/her 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, a response on whether his/her personal data are stored in the relevant personal data base, as well as to receive the content of his/her stored personal data;
  • to submit a reasoned request with an objection to the processing of his/her personal data by state authorities, local government bodies in the exercise of their powers provided by law;
  • to submit a reasoned demand for the modification or destruction of their personal data by any owner and manager of this database, if these data are processed illegally or are inaccurate;
  • to protect their personal data from illegal processing and accidental loss, destruction, damage due to intentional concealment, failure to provide or untimely provision, as well as protection from the provision of information by inaccurate or reliable persons;
  • to contact state authorities, local government bodies, whose powers include the protection of personal data, on issues of protecting their rights regarding personal data;
  • to apply legal remedies in case of violation of the legislation on the protection of personal data.

 

9. Procedure for handling requests from personal data subjects

9.1. The personal data subject has the right to receive any information about themselves 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 personal data subject has free access to data about themselves.

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

The request shall include:

  • last name, first name and patronymic, place of residence (place of stay) and details of the identity document of the personal data subject;
  • other information that allows identifying the personal data subject;
  • information about the personal data base in relation to which the request is submitted, or information about the owner or manager of this base;
  • a list of the requested personal data.

9.4. The period for studying 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 informs the subject of the personal data that the request will be satisfied or the relevant personal data will 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 personal data bases

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