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 data database - a referred to as a set of ordered 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 data 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, who approves the purpose of processing personal data in this database, establishes the composition of this data and the procedures for their processing, unless otherwise specified by law;

State Register of Personal Data Bases - a unified state information system for collecting, accumulating and processing information about registered personal data bases;

publicly available sources of personal data - directories, address books, registers, lists, catalogs, other systematic collections of open information containing personal data posted and published with the knowledge of the subject of personal data. Social networks and Internet resources in which the subject of personal data leave their personal data are not considered publicly accessible sources of personal data (except for cases where the subject of personal data expressly states that 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 regarding the granting of permission to process his personal data in accordance with the stated purpose of their processing;

depersonalization of personal data—removal of personally identifiable information;

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;

manager of the personal data base - an individual or legal entity who is granted the right to process this 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 database 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 - an individual in respect of whom, in accordance with the law, his personal data is processed;

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

special categories of data - personal data about racial or ethnic origin, political, religious or ideological beliefs, membership of political parties and trade unions, as well as data relating to health or sexuality.

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. 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, providing, receiving and making 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. The procedure for processing personal data: obtaining consent, notification of rights and actions with personal data of the subject of personal data

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

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

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

4.3. The consent of the subject of personal data is provided when formalizing civil legal relations in accordance with current legislation.

4.4. The message of the subject of personal data 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 collecting data and the persons to whom his personal data is transferred is carried out when registering civil legal relations in accordance with current legislation.

4.5. The processing of personal data concerning racial or ethnic origin, political, religious or ideological beliefs, membership of political parties and trade unions, as well as data relating to health or sexuality (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. Conditions for disclosing information about 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 subject of personal data 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 an 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 to the owner of the personal data.

6.4. The request specifies:

  • surname, 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, 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 the legal entity - the applicant);
  • last name, first name and patronymic, as well as other information allowing to identify the individual in respect of whom the request is made;
  • information about the personal data base regarding which the request is being submitted, or information about the owner or manager of this personal data base;
  • list of requested personal data;
  • purpose and/or legal basis upon request.

6.5. The period for studying the request for its satisfaction cannot exceed ten working days from the date of its receipt. During this period, the owner of the personal data base informs the person who submits the request that the request will be granted or the relevant personal data will not be provided, indicating the grounds specified in the relevant legal act. The request is satisfied within thirty calendar days from the date of its receipt, unless otherwise provided by law.

6.6. Delay of access to personal data of third parties is permitted 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. Notice 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 notice of deferment shall indicate:

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

6.9. Denial of access to personal data is permitted if access to it is prohibited by law.

6.10. The refusal message shall indicate:

  • last name, first name, patronymic of the official denying access;
  • date the message was sent;
  • rejection reason.

6.11. The decision to delay or refuse access to personal data can be appealed in court.

 

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

7.1. Personal data databases are equipped with system, software, hardware and communication tools that prevent loss, theft, unauthorized destruction, distortion, falsification, 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 order of the Owner of the personal data database.

The responsibilities of the responsible person for organizing work related to the protection of personal data during their processing are indicated in the job description.

7.3. The responsible person is obliged:

  • 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 work responsibilities;
  • 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 protection of personal data and internal documents regulating the activities of the Owner of the personal data base on 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 on the processing and protection of personal data in personal data databases, which, in particular, should contain standards for the frequency of such implementation control;
  • inform the Owner of the personal data base about facts of violations by employees of the requirements of the legislation of Ukraine in the field of protection of personal data and internal documents regulating the activities of the Owner of the personal data base on the processing and protection of personal data in personal data bases no later than one working day from the moment of detection of such violations;
  • ensure the storage of documents confirming the provision of consent by the subject of personal data to the processing of his personal data and notification of the specified subject about his rights.

7.4. In order to fulfill his duties, the responsible person has the right:

  • receive the necessary documents, including orders and other administrative documents issued by the Owner of the personal data database 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 his responsibilities for organizing work related to the protection of personal data during their processing;
  • submit for consideration proposals to improve activities and improve work methods, submit comments and options for eliminating identified deficiencies in the process of processing personal data;
  • receive clarification on issues related to the processing of personal data;
  • sign and endorse documents within 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 required to comply with the requirements of the legislation of Ukraine in the field of protection of personal data and internal documents, on the processing and protection of personal data in personal data databases.

7.6. Employees who have access to personal data, including those processing them, are obliged to prevent the disclosure in any way of personal data that was entrusted to them or that became known in connection with the performance of professional or official or labor duties. connections. This obligation is valid after the termination of 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 case of violation of the requirements of the Law of Ukraine “On the Protection of Personal Data” are liable in accordance with the legislation of Ukraine.

7.8. Personal data should not be stored longer than is necessary for the purposes 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 this data.

 

8. Rights of the subject of personal data

8.1. The subject of personal data has the right:

  • know about the location of the personal data base containing his personal data, its purpose and name, location and/or residence (location) of the owner or manager of this database or give appropriate instructions to receive this information to persons authorized by him, except in cases established by law;
  • 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 database is transferred;
  • to access your 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 in cases provided for by law, a response on whether his personal data is stored in the relevant personal data database, as well as receive the content of his stored personal data;
  • submit a reasoned demand with an objection to the processing of your personal data by state authorities, local government bodies in the exercise of their powers provided for by law;
  • make a reasoned request to change or destroy your 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 illegal processing and accidental loss, destruction, damage due to deliberate concealment, failure to provide or untimely provision, as well as protection from the provision of information that is unreliable or honest. ;
  • contact state authorities and local government bodies, whose powers include the protection of personal data, regarding the protection of their rights regarding personal data;
  • apply legal remedies for violation of laws 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 in cases established by law.

9.2. The subject of personal data has access to personal data free of charge.

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

The request specifies:

  • last name, first name and patronymic, place of residence (place of stay) and details of the identity document of the subject of personal data;
  • other information allowing to identify the subject of personal data;
  • information about the personal data base in respect of which the request is being submitted, or information about the owner or manager of this database;
  • list of requested personal data.

9.4. The period for studying the request for its satisfaction cannot exceed ten working days from the date of its receipt. During this period, the owner of the personal data base informs the subject of 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 base

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