Regulations on the processing and protection of personal data in personal databases owned by the seller
Index
- General concepts and scope of application
- List of personal data bases
- Purpose of personal data processing
- Procedure for processing personal data: obtaining consent, notification of rights and actions with personal data of the personal data subject
- Location of the personal data base
- Terms of disclosure of 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, personal data retention period
- Rights of the personal data subject
- Procedure for handling requests from the personal data subject
- State registration of the personal data base
1. General concepts and scope of application
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 files;
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 that is authorized by law or with the consent of the personal data subject to process this data, approves the purpose of processing personal data in this database, establishes the composition of this data and procedures for its processing, unless otherwise provided 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 systematized collections of open information containing personal data posted and published with the consent of the personal data subject. Social networks and Internet resources where the personal data subject leaves his or her personal data are not considered publicly available sources of personal data (unless the personal data subject 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 the individual's will to grant permission to process his or her personal data in accordance with the stated purpose of their processing;
depersonalization of personal data means the removal of information that allows to identify a person;
personal data processing — 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, renewal, use and dissemination (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 that is authorized by the owner of the personal data base or by law to process this data. 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 a personal data manager;
personal data subject — an individual in respect of whom personal data is processed in accordance with the law;
third party — any person, except for the personal data subject, the owner or manager of the personal data base and the authorized state body for personal data protection, 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 or sexual life.
1.2. This Regulation is mandatory for use by 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:
- database of personal data of counterparties.
3. The purpose of processing personal data
3.1. The purpose of processing personal data in the system is to ensure the implementation of civil law relations, 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 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 allow the processing of his or her personal data in accordance with the stated 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 identifying this document and the individual;
- an electronic document that must contain mandatory details that allow identification of this document and an individual. The voluntary expression of will of an individual to grant permission to process his or 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 processed in the information system on the basis of documented software and hardware solutions.
4.3. The consent of the personal data subject shall be provided when formalizing civil law relations in accordance with the current legislation.
4.4. Notification of the personal data subject about the inclusion of his/her 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/her personal data is 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 the personal data base
5.1. The personal data bases specified in section 2 of this Regulation are 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 personal data subject provided to the personal data owner to process this data, or in accordance with the requirements of the law.
6.2. Access to personal data shall not be granted to a third party if the said 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 - the request) to personal data to the personal data owner.
6.4. The request shall include:
- 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, 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 the legal entity - applicant);
- surname, 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, or information about the owner or manager of this personal data base;
- list of personal data requested;
- the purpose and/or legal grounds for the request.
6.5. The term for studying the request for its satisfaction may not exceed ten working days from the date of its receipt. Within this period, the owner of the personal data base shall inform the person submitting the request that the request will be granted 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. Deferral 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 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 with an explanation of the procedure for appealing such decision.
6.8. The notice of postponement shall include:
- the surname, name and patronymic of the official;
- 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 include:
- surname, name, patronymic of the official who denies access;
- date of sending the notification;
- reason for refusal.
6.11. The decision to postpone or deny access to personal data may 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 official duties, personal data retention period
7.1. The owner of the personal data base is equipped with system, 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 shall organize work related to the protection of personal data during their processing in accordance with the law. The responsible person is appointed by order of the Personal Data Base Owner.
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 accessing personal data of employees in accordance with their professional or official duties or employment responsibilities;
- ensure that the employees of the Personal Data Owner comply with the requirements of the legislation of Ukraine in the field of personal data protection and internal documents governing the activities of the Personal Data Owner regarding the processing and protection of personal data in personal databases;
- 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 governing the activities of the Personal Data Base Owner regarding the processing and protection of personal data in personal databases, which, in particular, should contain rules on the frequency of such control;
- notify the Personal Data Owner of the facts of violations by employees of the requirements of the legislation of Ukraine in the field of personal data protection and internal documents governing the activities of the Personal Data Owner regarding the processing and protection of personal data in personal databases within one business day from the date of detection of such violations;
- ensure the storage of documents confirming that the personal data subject has provided consent to the processing of his/her personal data and notification of the said subject of his/her rights.
7.4. In order to perform his/her duties, the responsible person has the right to:
- Receive the necessary documents, including orders and other administrative documents issued by the Personal Data Base Owner 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 his/her duties of organizing work related to the protection of personal data during their processing;
- submit proposals for improvement of activities and methods of work, submit comments and options for eliminating identified shortcomings in the process of personal data processing;
- Receive explanations on issues related to the processing of personal data;
- to sign and endorse documents within his/her competence.
7.5. Employees who directly process and/or have access to personal data in connection with the performance of their official (labor) duties shall 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 databases.
7.6. Employees who have access to personal data, including those who process it, shall be obliged to prevent disclosure in any way of personal data entrusted to them or which became known in connection with the performance of professional or official duties or employment. This obligation shall be valid after they cease to perform activities related to personal data, except in cases established by law.
7.7.Persons having access to personal data, including those processing it, in case of violation of the requirements of the Law of Ukraine "On Personal Data Protection" shall be liable in accordance with the laws of Ukraine.
7.8. Personal data shall not be stored for longer than 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 personal data subject to the processing of such data.
8. 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 database or give a corresponding order to obtain this information to persons authorized by him/her, except in cases established by law;
- receive information on the conditions for granting access to personal data, including information about third parties to whom his/her personal data contained in the relevant personal data base is transferred;
- to access their 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 for by law, a response on whether his/her personal data is stored in the relevant personal data base, as well as to receive the content of his/her personal data that is stored;
- to submit a reasoned request with an objection to the processing of his/her personal data by state authorities, local self-government bodies in the exercise of their powers provided by law;
- to submit a reasoned request to change or destroy his/her personal data by any owner and manager of this database, if this data is processed illegally or is unreliable;
- to protect their personal data from unlawful processing and accidental loss, destruction, damage due to intentional concealment, failure to provide or untimely provision, as well as to protect against the provision of information that is inaccurate or discrediting the honor, dignity and business reputation of an individual;
- to protect their personal data from unlawful processing and accidental loss, destruction, damage due to intentional concealment, failure to provide or untimely provision, as well as to protect against the provision of information that is inaccurate or discrediting the honor, dignity and business reputation of an individual;
- apply for legal remedies in case of violation of the legislation on personal data protection.
9. Procedure for handling requests from the personal data subject
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. The personal data subject's access to data about himself/herself is free of charge.
9.3. The personal data subject submits a request for access (hereinafter - the request) to personal data to the owner of the personal data base.
The request shall include:
- surname, name and patronymic, place of residence (place of stay) and details of the personal data subject's identity document;
- other information that allows to identify the personal data subject;
- information about the personal data base in respect of which the request is made, or information about the owner or manager of this database;
- a list of personal data requested.
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 shall inform 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 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 Personal Data Protection».