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

 

Contents

1. General concepts and scope of application
2. List of personal databases
3. Purpose of personal data processing
4. Procedure for personal data processing: obtaining consent, notification of rights and actions with personal data of the personal data subject
5. Location of the personal data base
6. Conditions for disclosure of personal data to third parties
7. Protection of personal data: methods of protection, responsible person, employees directly involved in the

 

1. General concepts and scope of application

1.1. Definition of terms:

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

responsible person - a specific person who organizes the work related to the protection of personal data during their processing, in accordance with the law (FLP Kovalchuk Elena Alekseevna);

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

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

public sources of personal data - directories, social networks and Internet resources in which the subject of personal data leaves their personal data are not considered public sources of personal data (except for cases when the subject of personal data has expressly indicated that personal data are 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 to grant permission for the processing of his personal data in accordance with the stated purpose of their processing;

depersonalization of personal data - withdrawal of information allowing to identify a person;

processing of personal data - any action or 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, modification, updating, use and distribution (distribution, implementation, transfer), depersonalization, destruction of information about a natural person;

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

administrator of the personal data base - a natural or legal person who is granted the right to process these data by the owner of the personal data base or by law. A person who is entrusted by the owner and/or manager 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 the manager of the personal data base;

subject of personal data - a natural person in respect of whom, in accordance with the 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 manager of the personal data base and the authorized state body on 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 on racial or ethnic origin, political, religious or ideological beliefs, membership in political parties and trade unions, as well as data related to health

1.2. This Regulation is mandatory for the responsible person and employees of the seller 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:

1. personal data base of counterparties.

 

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, the provision, receipt and payment 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. Procedure for processing personal data: obtaining consent, notification of rights and actions with the personal data of the personal data subject

4.1. The consent of the personal data subject must be a voluntary expression of the will of an individual to grant 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 the identification of this document and the individual;
• an electronic document that must contain mandatory details that allow the identification of this document and the individual. The voluntary expression of the will of an individual to grant permission for the processing of his or her personal data should be certified by the electronic signature of the personal data subject;
• a mark on the electronic page of the document or in an electronic file that is processed in the information system on the basis of documented software and technical solutions.

4.3. The consent of the personal data subject is provided during the registration of civil legal relations in accordance with 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 Personal Data Protection", the purpose of data collection and the persons to whom his personal data are transferred is carried out during the registration of civil legal relations in accordance with the current legislation.

4.5. Processing of personal data about 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 (special categories of data) is prohibited.

 

5. Location of the personal data base

5.1. The personal data bases specified in Section 2 of these Regulations are located at the seller's address.

 

6. Conditions for disclosing information about 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 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 provided to a third party if the specified person refuses to assume obligations to ensure compliance with the requirements of the Law of Ukraine "On Personal Data Protection" or is unable to provide them.

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

6.4. The request shall specify:

• surname, 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, surname, first name and patronymic of the person certifying the request; confirmation that the content of the request corresponds to the powers of the legal entity (for a legal entity - the applicant);
• surname, first name and patronymic, as well as other information that allows identifying the individual 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 personal data requested;
• purpose and/or legal grounds for the request.

6.5. The term for examining a request for the purpose of satisfying it may not exceed ten working days from the date of its receipt. During this term, the owner of the personal data base shall inform the person submitting the request that the request will be satisfied or that the relevant personal data shall not be provided, indicating the grounds specified in the relevant regulatory legal act. The request shall be satisfied within thirty calendar days from the date of its receipt, unless otherwise provided by law.

6.6. Postponement of access to the 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 term for resolving the issues raised in the request may not exceed forty-five calendar days.

6.7. The notice of postponement shall be communicated to the third party who submitted the request in writing, explaining the procedure for appealing such a decision.

6.8. The notice of postponement shall indicate:

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

6.9. Denial of access to personal data is allowed 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 who refuses access;
• the date of sending the notice;
• the reason for the refusal.

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

 

7. Personal data protection: 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, period of storage of personal data

7.1. The owner of the personal data base is equipped with system and software and hardware and communication means 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 work related to the protection of personal data during their processing, in accordance with the law. The responsible person is determined by order of the owner of the personal data base.

The responsibilities 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 the personal data of employees in accordance with their professional or official or labor duties;
• 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 personal data bases;
• 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 the personal data base regarding the processing and protection of personal data in personal data bases, which, in particular, must contain norms regarding the frequency of such control;
• notify the Owner of the personal database of facts of violations by employees of 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 database regarding the processing and protection of personal data in personal databases no later than one working day from the moment of detection of such violations;
• ensure the storage of documents confirming the consent of the personal data subject to the processing of their personal data and notification of the specified subject of his rights.

7.4. In order to fulfill 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 database, related to the processing of personal data;
• make copies of the 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 to organize 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 shortcomings in the process of processing personal data;
• receive explanations on issues of personal data processing;
• sign and endorse documents within the limits of his 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 database databases.

7.6. Employees who have access to personal data, including those who process them, are obliged to prevent the disclosure in any way of personal data that has been entrusted to them or that has become known in connection with the performance of professional, official or labor duties. Such an obligation is valid after the termination of their activities related to personal data, except for cases established by law.

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

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

 

8. Rights of the personal data subject

8.1. The personal data subject has the right:

• to know about the location of the personal data base containing his personal data, its purpose and name, location and/or place of residence (stay) of the owner or administrator of this base or to give the appropriate instruction 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 contained in the relevant personal data base are transferred;
• to access his personal data contained in the relevant personal data base;
• receive no later than thirty calendar days from the date of receipt of the request, except for cases provided for by law, a response on whether his personal data are stored in the relevant personal data database, as well as receive the content of his personal data that is stored;
• submit a reasoned request with an objection to the processing of his personal data by state authorities, local self-government bodies in the exercise of their powers provided for by law;
• submit a reasoned request to change or destroy his personal data by any owner and administrator of this database, if these data are processed illegally or are unreliable;
• to protect their personal data from unlawful processing and accidental loss, destruction, damage due to intentional concealment, failure to provide or untimely provision of such data, as well as to protect against the provision of information that is unreliable or discredits the honor, dignity and business reputation of an individual;
• to address issues of protecting their rights regarding personal data to state authorities, local self-government bodies, whose powers 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 from 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 personal data subject's access to personal data is free of charge.

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

The request shall specify:

• surname, first name and patronymic, place of residence (place of stay) and details of the document certifying the identity of the personal data subject;
• other information that allows identifying the personal data subject;
• information about the personal data database in respect of which the request is submitted, or information about the owner or administrator of this database;
• a list of personal data requested.

9.4. The term for examining a request for the purpose of 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 notify the personal data subject 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 shall be 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 shall be carried out in accordance with Article 9 of the Law of Ukraine “On Personal Data Protection”.