Regulation on the processing and protection of personal data in personal databases owned by the Seller

 

Contents

  1. General provisions and scope of application
  2. List of personal databases
  3. Purpose of personal data processing
  4. Procedure of personal data processing: obtaining consent, notification of rights and actions with personal data of the personal data subject
  5. Location of personal database
  6. Conditions for disclosure of personal data information to third parties
  7. Protection of personal data: methods of protection, responsible party, employees who directly process and/or have access to personal data in connection when performing their official duties, the period of storage of personal data
  8. Rights of personal data subject
  9. Procedure for handling requests of the personal data subject
  10. State registration of personal database

 

1. General provisions and scope of application

1.1. Definition of terms:

Personal database is a named set of arranged personal data in electronic form and/or in the form of personal data files;

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

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

The State register of personal databases is a single state information system for collecting, accumulating and processing information on registered personal databases;

Open-source personal data are guides, address books, registers, lists, catalogs, other systematized collections of open information, which contain personal data, placed 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 open-source personal data (unless 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 implies any documented, voluntary expression of will of a natural person regarding the granting of permission for the processing of their personal data in accordance with the formulated purpose of their processing;

depersonalization of personal data is the removal of information that allows to identify a person;

processing of personal data implies any action or a set of actions performed in whole or in part in the information (automated) system and/or in personal data files, related to the collection, registration, accumulation, storage, adaptation, change, renewal, use and distribution (dissemination, implementation, transfer), depersonalization, destruction of information on a natural person;

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

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

personal data subject is a natural person, whose personal data are processed in accordance with the law;

third party is any individual, except the personal data subject, the owner or manager of the personal database and the authorized state agency for personal data protection, to whom the owner or manager of the personal database transfers personal data in accordance with the law;

special data categories are 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.

1.2. This Regulation is mandatory for application by the responsible party and Seller’s employees who directly process and/or have access to personal data when performing their official duties.

 

2. List of personal databases

2.1. The Seller is the owner of such personal databases:

  • personal database of contractors.

 

3. Purpose of personal data processing

3.1. The purpose of personal data processing in the system is ensuring implementation of civil-law relations, providing, receiving and making payments for the purchased Goods and services in accordance with the Tax Code of Ukraine, the Law of Ukraine "On Accounting and Financial Reporting in Ukraine".

 

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

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

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

  • a paper document with details, which makes it possible to identify this document and the natural person;
  • an electronic document, which must contain mandatory details that enable the identification of this document and the natural person. It is expedient to certify the individual's voluntary expression of will regarding the granting of permission for the processing of their personal data with the electronic signature of the personal data subject;
  • a 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 personal data subject is given during the registration of civil-law relations in accordance with the current legislation.

4.4. The notification of the personal data subject about the inclusion of their personal data in the personal database, the rights defined by the Law of Ukraine "On the Protection of Personal Data", the purpose of data collection and the individuals to whom their personal data are transferred is carried out during the registration of 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 personal database

5.1. The personal databases, specified in the section 2 of this Regulation are located at the Seller’s address.

 

6. Conditions for disclosure of personal data information to third parties

6.1. The procedure for gaining access to personal data for third parties is determined by the terms of the consent of the personal data subject, given to the personal data owner for the processing of these 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 individual refuses to undertake obligations to ensure the fulfillment of 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 access shall submit a request for access (hereinafter - a request) to personal data to the personal data owner.

6.4. The request shall include the following information:

  • last name, first name and patronymic, place of residence (place of stay) and details of the ID certifying the natural person submitting the request (for a requesting natural person);
  • 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 corresponds to the authorities of the legal entity (for a requesting legal entity);
  • last name, first name and patronymic, as well as other information that makes it possible to identify the natural person regarding whom the request is made;
  • information about the personal database regarding which the request is submitted, or information about the owner or manager of this personal database;
  • list of requested personal data;
  • the purpose and/or legal basis for the request.

6.5. The term for the review of the request cannot exceed ten working days from the date of its receipt. During this period, the personal database owner shall inform the person who submits the request that the request will be satisfied or that the relevant personal data will not be provided, 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. Postponement of access to personal data for third parties is allowed if the necessary data cannot be provided within thirty calendar days from the date of receipt of the request receipt. At the same time, the total term for solving the issues raised in the request cannot exceed forty-five calendar days.

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

6.8. Such a notice of postponement shall include the following details:

  • Last name, first name and patronymic of the official;
  • the date the notice was sent;
  • the reason for the postponement;
  • the period during which the request will be satisfied.

6.9. Denial of access to personal data is allowed if such an access is prohibited by the law.

6.10. Such a notice of denial shall include the following details:

  • Last name, first name and patronymic of the official that denies access;
  • the date the notice was sent;
  • the reason for denial.

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

 

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

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

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

The duties of the responsible party 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 party 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 labor duties;
  • ensure that the employees of the personal database owner comply with the requirements of Ukrainian legislation in the field of personal data protection and internal documents regulating the activities of the personal database owner regarding the processing and protection of personal data in personal data bases;
  • develop a 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 personal database owner regarding the processing and protection of personal data in the personal data bases, which, in particular, should contain the norms regarding the periodicity for carrying out such control;
  • notify the personal database owner of the facts of violations by employees of the requirements of Ukrainian legislation in the field of personal data protection and internal documents regulating the activities of the personal database owner regarding the processing and protection of personal data in the personal data bases no later than throughout one working day from the moment of detection of such violations;
  • ensure storage of documents confirming the provision of consent to the processing of their personal data by the personal data subject, as well as the notification of this subject about their rights.

7.4. In order to fulfil their duties, the responsible party in entitled to do the following:

  • receive the necessary documents, including orders and other regulatory documents issued by the personal database owner, 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 them in the organization of work related to the protection of personal data during their processing;
  • submit proposals on improvement of activities and improvement of work methods for consideration, submit remarks and options for elimination of identified deficiencies in the process of personal data processing;
  • receive explanations on personal data processing issues;
  • sign and certify documents within the limits of their competence.

7.5. The employees who directly process and/or have access to personal data when performing their official duties shall 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. The employees who have access to personal data, including those who process it, shall not allow the disclosure in any way of personal data entrusted to them or which became known in connection with the performance of professional or official duties. Such an obligation is effective after they cease activities related to processing personal data, except for cases established by law.

7.7. In case of violation of the requirements of the Law of Ukraine "On the Protection of Personal Data", the individuals who have access to personal data, including those who process it shall be held accountable in accordance with the legislation of Ukraine.

7.8. Personal data should not be stored longer than necessary for the purpose 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 these data.

 

8. Rights of personal data subject

8.1. The personal data subject has the following rights:

  • to know about the location of the personal database that contains their 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 relevant instructions for obtaining this information to persons authorized by them, 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 their personal data contained in the relevant personal database are transferred;
  • to have access to their personal data contained in the relevant personal database;
  • no later than thirty calendar days from the date of receipt of the request, except in cases provided by law, to receive an answer on whether their personal data are stored in the relevant personal database, as well as receive the contents of their personal data being stored;
  • to submit a reasoned demand with an objection to the processing of their personal data by state authorities, local self-government agencies when exercising their authorities stipulated by law;
  • to make a reasoned demand to change or destroy their personal data by any owner and administrator of this database, if the data are processed illegally or is unreliable;
  • to protect their personal data from illegal processing and accidental loss, destruction, damage due to intentional concealment, failure to provide or untimely provision of data, as well as protection from providing information that is unreliable or dishonors the honor, dignity and business reputation of a natural person;
  • to apply for the protection of their rights regarding personal data to state authorities, local self-government agencies, whose authorities include the protection of personal data;
  • to apply legal remedies in case of violation of the legislation on the protection of personal data.

 

9. Procedure for handling requests of the personal data subject

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

9.3. The personal data subject submits a request for access (hereinafter - request) to personal data to the personal database owner.

The request shall include the following information:

  • last name, first name and patronymic, place of residence (place of stay) and details of the ID certifying the identity of the personal data subject;
  • other information that makes it possible to identify the personal data subject;
  • information about the database of personal data, 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 for review of the request cannot exceed ten working days from the date of its receipt. During this period, the personal database owner shall notify the personal data subject that the request will be satisfied or that the relevant personal data shall not be provided, indicating the grounds specified in the relevant regulatory act.

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

10. State registration of personal database

10.1. State registration of personal database shall be carried out in accordance with the Article 9 of the Law of Ukraine «On the protection of personal data».