Regulations on the Processing and Protection of Personal Data in Personal Data Databases Owned by the Seller
Contents
- General Concepts and Scope of Application
- List of Personal Data Databases
- Purpose of Personal Data Processing
- Procedure for Personal Data Processing: Obtaining Consent, Notification of Rights, and Actions with Personal Data of the Data Subject
- Location of the Personal Data Database
- Conditions for Disclosing Personal Data to Third Parties
- Protection of Personal Data: Protection Methods, Responsible Person, Employees Directly Processing and/or Having Access to Personal Data in the Course of Their Duties, Retention Period of Personal Data
- Rights of the Personal Data Subject
- Procedure for Handling Requests from Personal Data Subjects
- State Registration of the Personal Data Database
1. General Concepts and Scope of Application
1.1. Definitions:
Personal data database — a named collection of organized personal data in electronic form and/or in the form of personal data files;
Responsible person — a designated individual who organizes the work related to the protection of personal data during their processing, in accordance with the law;
Owner of the personal data database — a natural or legal person granted the right to process this data by law or with the consent of the personal data subject, who approves the purpose of personal data processing in this database, establishes the composition of this data and the procedures for their processing, unless otherwise defined by law;
State Register of Personal Data Databases — the single state information system for collecting, accumulating, and processing information about registered personal data databases;
Publicly available sources of personal data — directories, address books, registries, lists, catalogs, other systematized compilations of open information containing personal data, placed and published with the knowledge of the personal data subject. Social networks and internet resources where the personal data subject leaves their personal data (except when the personal data subject explicitly states that the personal data are placed for their free distribution and use) are not considered publicly available sources of personal data;
Consent of the personal data subject — any documented, voluntary expression of will by a natural person to grant permission for processing their personal data according to the formulated purpose of their processing;
Anonymization of personal data — the removal of information that allows the identification of an individual;
Processing of personal data — any action or set of actions performed fully or partially 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, transmission), anonymization, destruction of information about a natural person;
Personal data — information or an aggregate of information about a natural person who is identified or can be specifically identified;
Administrator of the personal data database — a natural or legal person granted the right to process this data by the database owner or by law. A person entrusted by the owner and/or administrator of the personal data database to perform technical tasks with the database without access to the content of personal data is not considered the administrator of the personal data database;
Subject of personal data — a natural person whose personal data are processed according to the law;
Third party — any person except for the personal data subject, the owner or administrator of the personal data database, and the authorized state body on personal data protection, to whom the owner or administrator of the personal data database transfers personal data according to the law;
Special categories of data — 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.
1.2. This Regulation is mandatory for application 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 Databases
2.1. The seller owns the following personal data databases:
- Personal data database of counterparties.
3. Purpose of Personal Data Processing
3.1. The purpose of processing personal data in the system is to ensure the implementation of civil-law relations, provision, receipt, and execution of payments for purchased goods and services according to the Tax Code of Ukraine, the Law of Ukraine "On Accounting and Financial Reporting in Ukraine".
4. Procedure for Personal Data Processing: Obtaining Consent, Notification of Rights, and Actions with Personal Data of the Data Subject
4.1. The consent of the personal data subject must be the voluntary expression of will by a natural person regarding granting permission for processing their personal data according to 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 requisites that allow identifying this document and the natural person;
- An electronic document that must contain mandatory requisites allowing the identification of this document and the natural person.
- It is advisable to certify the voluntary expression of will by a natural person regarding granting permission for processingtheir personal data with the electronic signature of the personal data subject;
- A mark on an electronic document page or in an electronic file processed in an information system based on documented software and technical solutions.
4.3. The consent of the personal data subject is given during the establishment of civil-law relations according to current legislation.
4.4. Notifying the personal data subject about the inclusion of their personal data in the personal data database, rights defined by the Law of Ukraine "On the Protection of Personal Data", the purpose of data collection, and the entities to whom his personal data are transferred is carried out during the establishment of civil-law relations according to current legislation.
4.5. Processing of personal data concerning 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 Database
5.1. The personal data databases specified in section 2 of this Regulation are located at the seller's address.
6. Conditions for Disclosing Personal Data to Third Parties
6.1. The procedure for access to personal data by third parties is determined by the conditions of the personal data subject's consent given to the owner of the personal data for processing these data or according to the requirements of the law.
6.2. Access to personal data is not granted to a third party if the specified person refuses to take on the obligation 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 submits a request for access (hereinafter - the request) to personal data to the owner of the personal data.
6.4. The request specifies:
- Surname, first name, patronymic, place of residence (location), and requisites of the document certifying the identity of the person submitting the request (for an individual - the applicant);
- The 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 natural person concerning whom the request is made;
- Information about the personal data database concerning which the request is submitted or information about the owner or administrator of this personal data database;
- The list of personal data requested;
- The purpose and/or legal grounds for the request.
6.5. The term for studying the request to satisfy it cannot exceed ten working days from the date of its receipt. During this period, the owner of the personal data database informs the person submitting the request that the request will be satisfied or the corresponding personal data are not subject to provision, indicating the basis specified in the relevant regulatory 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 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 cannot exceed forty-five calendar days.
6.7. Notification of the postponement is brought to the attention of the third party who submitted the request in written form with an explanation of the procedure for appealing such a decision.
6.8. The notification of postponement specifies:
- Surname, first name, and patronymic of the official person;
- The date of sending the notification;
- The reason for the postponement;
- The period within which the request will be satisfied.
6.9. Refusal of access to personal data is allowed if access to them is prohibited according to the law.
6.10. The notification of refusal specifies:
- Surname, first name, and patronymic of the official person who refuses access;
- The date of sending the notification;
- The reason for refusal.
6.11. The decision to postpone or refuse access to personal data can be appealed in court.
7. Protection of Personal Data: Protection Methods, Responsible Person, Employees Directly Processing and/or Having Access to Personal Data in the Course of Their Duties, Retention Period of Personal Data
7.1. The owner of the personal data database is equipped with systemic and software-technical means and communication tools that prevent loss, theft, unauthorized destruction, distortion, forgery, copying of information, and comply with international and national standards.
7.2. The responsible person organizes the work related to the protection of personal data during their processing, according to the law. The responsible person is designated by the order of the Owner of the personal data database.
The duties 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 personal data by employees according to their professional or official or labor duties;
- Ensure compliance with the requirements of the legislation of Ukraine in the field of personal data protection and internal documents regulating the activity of the Owner of the personal data database regarding processing and protection of personal data in personal data databases by the employees of the Owner of the personal data database;
- 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 activity of the Owner of the personal data database regarding processing and protection of personal data in personal data databases, which, in particular, should contain norms regarding the periodicity of such control;
- Inform the Owner of the personal data database 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 activity of the Owner of the personal data database regarding processing and protection of personal data in personal data databases within one working day from the moment of detection of such violations;
- Ensure the storage of documents confirming the consent of the personal data subject for processing their personal data and notifying the specified subject about his rights.
7.4. To perform their 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 database, related to the processing of personal data;
- Make copies of the received documents, including copies of files, any records stored in local computing networks and standalone computer systems;
- Participate in discussions of the duties performed by them related to the organization of work on the protection of personal data during their processing;
- Submit proposals for improving the activity and refining methods of work, present remarks and options for eliminating the identified deficiencies in the process of processing personal data;
- Receive explanations on issues of personal data processing;
- 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 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 having access to personal data, including processing them, are obliged not to disclose in any way personal data entrusted to them or become known to them in connection with the performance of professional, official, or labor duties. This obligation remains effective after they cease their activity related to personal data, except as established by law.
7.7. Individuals having access to personal data, including processing them, in case of violation by them of the requirements of the Law of Ukraine "On the Protection of Personal Data" bear responsibility according to 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 period of data storage defined by the consent of the personal data subject for processing these 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 database containing his personal data, its purpose, and name, location, and/or place of residence (stay) of the owner or administrator of this database or give a relevant order to obtain this information to persons authorized by him, except as established by law;
- Receive information about the conditions of access to personal data, including information about third parties to whom his personal data contained in the respective personal data database are transferred;
- Access to their personal data contained in the respective personal data database;
- Receive no later than thirty calendar days from the date of receipt of the request, except as provided by law, a response about whether his personal data are stored in the respective personal data database, as well as receive the content of his personal data stored;
- Submit a reasoned demand with an objection against the processing of their personal data by state authorities, local self-government bodies in the exercise of their powers provided by law;
- Submit a reasoned demand for changing or destroying their personal data by any owner and administrator of this database if these data are processed illegally or are inaccurate;
- To the protection of their personal data from unlawful processing and accidental loss, destruction, damage due to deliberate concealment, non-provision or untimely provision, as well as to protection from providing information that is inaccurate or disgraces the honor, dignity, and business reputation of an individual;
- Apply to state authorities, local self-government bodies whose competence includes the protection of personal data, with issues of protecting their rights regarding personal data;
- Use legal means to protect in case of violation of the legislation on the protection of personal data.
9. Procedure for Handling Requests from Personal Data Subjects
9.1. The personal data subject 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 as established by law.
9.2. Access of the personal data subject to data about himself is carried out 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 database.
The request specifies:
- Surname, first name, and patronymic, place of residence (location), and requisites 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 concerning which the request is submitted or information about the owner or administrator of this database;
- The list of personal data requested.
9.4. The term for studying the request to satisfy it cannot exceed ten working days from the date of its receipt. During this period, the owner of the personal data database informs the personal data subject that the request will be satisfied or the corresponding personal data are not subject to provision, indicating the basis specified in the relevant regulatory 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 the Personal Data Database
10.1. The state registration of personal data databases is carried out according to Article 9 of the Law of Ukraine "On the Protection of Personal Data".