Regulations on the Processing and Protection of Personal Data in Personal Data Databases Owned by the Seller

 

Contents

  1. General terms and scope of application
  2. List of personal data databases
  3. Purpose of personal data processing
  4. Procedure for personal data processing: obtaining consent, notification of rights and actions with the personal data of the personal data subject
  5. Location of the personal data database
  6. Conditions for disclosure of personal data information to third parties
  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, personal data retention period
  8. Rights of the personal data subject
  9. Procedure for handling requests from the personal data subject
  10. State registration of personal data databases

 

1. General Terms and Scope of Application

1.1. Definitions of terms:

personal data database — a named set of organized personal data in electronic form and/or in the form of personal data card files;

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

owner of the personal data database — an individual or legal entity that, by law or with the consent of the personal data subject, has been granted the right to process such data, determines the purpose of personal data processing in this database, establishes the composition of such data and the procedures for its processing, unless otherwise provided by law;

State Register of Personal Data Databases — a unified state information system for collecting, accumulating and processing information about registered personal data databases;

publicly available sources of personal data — directories, address books, registers, lists, catalogs and other systematized collections of open information containing personal data that have been placed and published with the knowledge of the personal data subject. Social networks and internet resources where personal data subjects leave their personal data are not considered publicly available sources of personal data, except in cases where the personal data subject has directly stated that the personal data were placed for the purpose of their free distribution and use;

consent of the personal data subject — any documented, voluntary expression of will by an individual to grant permission for the processing of his or her personal data in accordance with the stated purpose of their processing;

depersonalization of personal data — the removal of information that makes it possible to identify a person;

personal data processing — any action or set of actions performed fully or partially in an information automated system and/or in personal data card files, related to the collection, registration, accumulation, storage, adaptation, modification, renewal, use and distribution, dissemination, realization, transfer, depersonalization and 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;

administrator of the personal data database — an individual or legal entity that has been granted the right by the owner of the personal data database or by law to process such data. A person who is entrusted by the owner and/or administrator of the personal data database to perform technical work with the personal data database without access to the content of personal data is not considered an administrator of the personal data database;

personal data subject — an individual whose personal data are processed in accordance with 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 for personal data protection, to whom personal data are transferred by the owner or administrator of the personal data database in accordance with the law;

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

1.2. These Regulations are 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 Databases

2.1. The seller is the owner of the following personal data databases:

  • personal data database 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 law relations, the provision, receipt and settlement of payments for purchased goods and services in accordance with the Tax Code of Ukraine and 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 the Personal Data of the Personal Data Subject

4.1. The consent of the personal data subject must be a voluntary expression of will by an individual to grant permission for 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 paper document with details that make it possible to identify this document and the individual;
  • an electronic document that must contain mandatory details allowing identification of this document and the individual. It is advisable to confirm the voluntary expression of will of the individual to grant permission for the processing of his or her personal data with the electronic signature of the personal data subject;
  • a mark on the electronic page of a document 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 provided during the formalization of civil law relations in accordance with current legislation.

4.4. Notification of the personal data subject about the inclusion of his or her personal data in the personal data database, the rights defined by the Law of Ukraine “On Personal Data Protection”, the purpose of data collection and the persons to whom his or her personal data are transferred is carried out during the formalization of civil law relations in accordance with current legislation.

4.5. The processing of personal data concerning racial or ethnic origin, political, religious or worldview 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 these Regulations are located at the seller’s address.

 

6. Conditions for Disclosure of Personal Data Information to Third Parties

6.1. The procedure for access by third parties to personal data is determined by the terms of the consent of the personal data subject provided to the owner of personal data for the processing of such 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 such person refuses to assume obligations to ensure compliance with the requirements of the Law of Ukraine “On Personal Data Protection” or is unable to ensure such compliance.

6.3. A subject of relations related to personal data submits a request for access, hereinafter referred to as a request, to personal data to the owner of personal data.

6.4. The request shall specify:

  • surname, first name and patronymic, place of residence or stay and details of the document certifying the identity of the individual submitting the request, for an individual applicant;
  • name and 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 applicant;
  • surname, first name and patronymic, as well as other information that makes it possible to identify the individual in respect of whom the request is made;
  • information about the personal data database in respect of which the request is submitted, or information about the owner or administrator of this personal data database;
  • list of personal data requested;
  • purpose and/or legal grounds for the request.

6.5. The period for reviewing the request for the purpose of satisfying it may not 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 whether the request will be satisfied or whether the relevant personal data are not subject to provision, indicating the grounds defined in the relevant regulatory legal act. The request is 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 required data cannot be provided within thirty calendar days from the date of receipt of the request. At the same time, the total period for resolving the issues raised in the request may not exceed forty-five calendar days.

6.7. Notice of deferral shall be provided to the third party who submitted the request in written form with an explanation of the procedure for appealing such decision.

6.8. The notice of deferral shall specify:

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

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

6.10. The notice of refusal shall specify:

  • surname, first name and patronymic of the official refusing access;
  • date of sending the notice;
  • reason for refusal.

6.11. A decision on deferral or refusal of 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, Personal Data Retention Period

7.1. The owner of the personal data database is equipped with system, software and technical means and communication tools that prevent loss, theft, unauthorized destruction, distortion, falsification and 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 its processing in accordance with the law. The responsible person is appointed by 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 its 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 employee access to personal data in accordance with their professional, official or employment duties;
  • ensure compliance by employees of the Owner of the personal data database with the requirements of Ukrainian legislation in the field of personal data protection and internal documents regulating the activities of the Owner of the personal data database regarding the processing and protection of personal data in personal data databases;
  • develop a procedure for internal control over compliance with the requirements of Ukrainian legislation in the field of personal data protection and internal documents regulating the activities of the Owner of the personal data database regarding the processing and protection of personal data in personal data databases, which, in particular, must contain provisions on the frequency of such control;
  • notify the Owner of the personal data database about facts of violations by employees of the requirements of Ukrainian legislation in the field of personal data protection and internal documents regulating the activities of the Owner of the personal data database regarding the processing and protection of personal data in personal data databases within no later than one working day from the moment such violations are detected;
  • ensure the storage of documents confirming the provision of consent by the personal data subject to the processing of his or her personal data and notification of the specified subject about his or her rights.

7.4. In order to perform his or 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 database related to personal data processing;
  • make copies of received documents, including copies of files and any records stored in local computer networks and standalone computer systems;
  • participate in the discussion of the performance of his or her duties related to the organization of work concerning the protection of personal data during its processing;
  • submit proposals for improving activities and methods of work, provide comments and options for eliminating identified shortcomings in the process of personal data processing;
  • receive explanations on issues related to personal data processing;
  • sign and approve documents within his or her competence.

7.5. Employees who directly process and/or have access to personal data in connection with the performance of their official or employment duties are obliged to comply with the requirements of Ukrainian legislation 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 it, are obliged not to disclose in any way personal data entrusted to them or that became known to them in connection with the performance of professional, official or employment duties. This obligation remains 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, shall be liable in accordance with the legislation of Ukraine in the event of violation of the requirements of the Law of Ukraine “On Personal Data Protection”.

7.8. Personal data shall not be stored longer than necessary for the purpose for which such data are stored, but in any case no longer than the data retention period defined by 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 database containing his or her personal data, its purpose and name, the location and/or place of residence or stay of the owner or administrator of this database, or authorize the persons empowered by him or her to obtain this information, except in cases established by law;
  • receive information about the conditions for granting access to personal data, in particular information about third parties to whom his or her personal data contained in the relevant personal data database are transferred;
  • access his or her personal data contained in the relevant personal data database;
  • receive, no later than thirty calendar days from the date of receipt of the request, except in cases provided by law, a response as to whether his or her personal data are stored in the relevant personal data database, and also receive the content of his or her stored personal data;
  • submit a reasoned objection to the processing of his or her personal data by state authorities and local self-government bodies in the exercise of their powers provided by law;
  • submit a reasoned request for the modification or destruction of his or her personal data by any owner or administrator of this database if such data are processed unlawfully or are inaccurate;
  • protect his or her personal data from unlawful processing and accidental loss, destruction or damage due to intentional concealment, failure to provide or untimely provision, as well as protect against the provision of information that is inaccurate or discredits the honor, dignity and business reputation of an individual;
  • apply on issues of protection of his or her rights regarding personal data to state authorities and local self-government bodies whose powers include the protection of personal data;
  • use legal remedies in case of violation of personal data protection legislation.

 

9. Procedure for Handling Requests from the Personal Data Subject

9.1. The personal data subject has the right to receive any information about himself or 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 personal data subject to data about himself or herself is provided free of charge.

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

The request shall specify:

  • surname, first name and patronymic, place of residence or stay and details of the document certifying the identity of the personal data subject;
  • other information that makes it possible to identify 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;
  • list of personal data requested.

9.4. The period for reviewing the request for the purpose of satisfying it may not 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 whether the request will be satisfied or whether the relevant personal data are not subject to provision, indicating the grounds defined 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 Databases

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