Personal Data Protection

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Personal Data Protection

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

Contents

General concepts and scope
List of personal data bases
Purpose of personal data processing
Procedure for processing personal data: obtaining consent, notification of rights and actions with the personal data of the personal data subject
Location of the personal data base
Terms of disclosure of information about personal data to third parties
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, the period of storage of personal data
Rights of the personal data subject
Procedure for working with requests from the personal data subject
State registration of the personal data base

General concepts and scope

1.1. Definition of terms:

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

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

owner of a personal data base— an individual or legal entity who is granted the right to process these data by law or with the consent of the personal data subject, who approves 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;

State Register of Personal Data Bases— a single 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 systematized collections of open information containing personal data, posted and published by a known personal data subject. 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 (except for cases where the subject of personal data explicitly 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 an individual to grant permission for the processing of his/her personal data in accordance with the formulated purpose of their processing;

depersonalization of personal data — extraction of information that allows identifying a person;

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 filing systems, which are related to collection, registration, accumulation, storage, adaptation, modification, updating, use and dissemination (distribution, sale, transfer), depersonalization, destruction of information about an individual;

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

manager of the personal data database data subject — 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 the manager of the personal database to carry out technical work with the personal database without access to the content of the personal data is not a personal database manager;

personal data subject— a natural person in respect of whom, in accordance with the law, his/her personal data is processed;

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

special categories data — personal data about racial orethnic origin, political, religious or philosophical beliefs, membership in political parties and trade unions, as well as data concerning health or sex life.

1.2. This Regulation is mandatory for the application of 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.

List of personal data bases

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

personal data base of counterparties.

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, 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".

Procedure for processing personal data: obtaining consent, notification of the 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 document on paper 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/her personal data should be certified by an 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 based on 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 the current legislation.

4.4. Notification of the personal data subject about the inclusion of his personal data in the personal data database, 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 revealing racial or ethnic origin, political, religious or philosophical beliefs, membership in political parties and trade unions, as well as data concerning health or sex life (special categories of data) is prohibited.

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.

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 personal data controller 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 person refuses to undertake obligations to ensure compliance with the requirements of the Law of Ukraine "On Personal Data Protection" or is unable to ensure them.

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

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— 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 corresponds to the powers of the legal entity (for a legal entity— applicant);
last name, first name and patronymic, as well as other information that allows to identify the individual in respect of whom the request is made;
information about the personal data base in respect of which the request is made, whether informationthose about the owner or manager 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 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 personal data of third parties is allowed if the required 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 may not exceed forty-five calendar days.

6.7. The notification of the postponement 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 notification of the postponement shall indicate:

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

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

6.10. The notification of the refusal shall indicate:

last name, first name, patronymic of the official who refuses access;
date of sending the notification;
reason for the refusal.

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

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, storage period of personal data

7.1. The owner of the personal data base is equipped with system and software and hardware means 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 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 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 data base about the 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 data base regarding the processing and protection of personal data in personal data bases within a period of 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 their personal data and notification of the specified subject of his rights.

7.4. In order to fulfill his/her 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, in connection withrelated 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/her to organize 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 shortcomings 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 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 data 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" are liable in accordance with the legislation of Ukraine.

7.8. Personal data shall not be stored for 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.

Rights of the personal data subject

8.1. The subject of personal data has the right:

to know about the location of the personal data base containing his/her personal data, its purpose and name, location and/or place of residence (stay) of the owner or manager of this base or to give the appropriate instruction to obtain this information to persons authorized by him/her, 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/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 for cases, provided for by law, an answer as to whether his personal data are stored in the relevant personal data base, as well as to receive the content of his personal data that is stored;
to 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;
to submit a reasoned request to change or destroy his personal data by any owner and administrator of this base, if these data are processed illegally or are unreliable;
to protect his personal data from unlawful processing and accidental loss, destruction, damage due to intentional concealment, failure to provide or untimely provision of them, and also for protection from providing information that is unreliable or defames the honor, dignity and business reputation of an individual;
apply to state authorities, local self-government bodies, whose powers include the protection of personal data;
apply legal remedies in the event of a violation of the legislation on personal data protection.

Procedure for working with requests from&nsbsp;personal data subjects

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

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

9.3. The personal data subject submits a request for access (hereinafter referred to as a request) to the personal data 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 the identification of 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 its satisfaction 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 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 shall be satisfied within thirty calendar days from the date of its receipt, unless otherwise provided by law.