Regulations on the processing and protection of personal data in personal data bases owned by the seller
Content
- General concepts and scope of application
- List of personal data bases
- Purpose of processing personal data
- Procedure for processing personal data: obtaining consent, notification of rights and actions with personal data of the personal data subject
- Location of personal data base
- Terms of disclosure of personal data to third parties
- 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, period of storage of personal data
- Rights of the personal data subject
- Procedure for handling requests from a personal data subject
- State registration of personal data base
1. 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 files;
Responsible person - a designated person who organizes work related to the protection of personal data during their processing, in accordance with the law;
personal data base owner - a natural or legal person 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 procedure for its processing, unless otherwise specified by law;
The State Register of Personal Databases is a single state information system for collecting, accumulating, and processing information on registered personal databases;
publicly available sources of personal data - directories, address books, registers, lists, catalogs, other systematized collections of open information that contain personal data, posted and published with the consent of the personal data subject. Social networks and Internet resources in which the personal data subject leaves their personal data are not considered publicly available sources of personal data (except for cases when the personal data subject explicitly states that the personal data is posted 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 — removal of information that allows for the identification of 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 filing systems, which are related to the collection, registration, accumulation, storage, adaptation, modification, renewal, use and dissemination (dissemination, sale, transfer), depersonalization, destruction of information about an individual;
personal data - information or a set of information about an identified or specifically identifiable natural person;
personal data base administrator - a natural or legal person 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 the owner of the personal data base to carry out technical work with the personal data base without access to the content of the personal data is not a personal data base administrator;
personal data subject - an individual whose personal data is processed in accordance with the law;
third party - any person, except for the subject of personal data, 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 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.
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 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 legal relations, the provision, receipt and payment of 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 will of 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 allow identification of this document and the individual;
- an electronic document that must contain mandatory details that allow identifying this document and the individual. The voluntary expression of will of an individual regarding granting permission for the processing of his or her personal data should be certified by an electronic signature of the personal data subject;
- a mark on an electronic page of a document or in an electronic file that is 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 registration of civil legal relations in accordance with 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 Personal Data Protection", 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 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.
5. 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.
6. 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 this 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 assume 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 the relationship related to personal data submits a request for access (hereinafter referred to as the request) to the personal data controller.
6.4. The request shall specify:
- surname, first name and patronymic, place of residence (place of stay) and details of the document identifying the individual submitting the request (for an individual - the 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 authority of the legal entity (for a legal entity - the applicant);
- surname, first name and patronymic, as well as other information that allows identification of the individual in respect of whom the request is made;
- information about the personal data base in respect of which the request is submitted, or information about the owner or administrator of this personal data base;
- a list of personal data requested;
- the purpose and/or legal basis for the request.
6.5. 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 personal data base owner shall inform the person submitting the request that the request will be satisfied or that 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 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. 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 a decision.
6.8. The notice of postponement shall state:
- last name, first name and patronymic of the official;
- date of sending the message;
- 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 by law.
6.10. The refusal notice shall state:
- last name, first name, patronymic of the official who denies access;
- date of sending the message;
- reason for refusal.
6.11. The decision to postpone or deny access to personal data may be appealed in 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, period of storage of personal data
7.1. The owner of the personal database is equipped with system and 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 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 accessing employees' personal data in accordance with their professional or official or work 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 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 database of 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 database regarding the processing and protection of personal data in personal databases no later than one business day from the moment of detection of such violations;
- ensure the storage of documents confirming the personal data subject's consent to the processing of their personal data and the notification of the specified subject of their rights.
7.4. In order to fulfill his/her duties, the responsible person has the right to:
- receive necessary documents, including orders and other administrative documents issued by the Owner of the personal data base, 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/her duties in organizing 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 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 their termination of 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, are liable in accordance with the legislation of Ukraine if they violate the requirements of the Law of Ukraine "On Personal Data Protection".
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.
8. Rights of the personal data subject
8.1. The subject of personal data has the right to:
- to know about the location of the personal data base containing his personal data, its purpose and name, the location and/or place of residence (stay) of the owner or administrator of this database or to give the appropriate instruction to obtain 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 are transferred;
- to access their 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 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 personal data that is stored;
- to submit a reasoned request with an objection to the processing of their personal data by state authorities and local self-government bodies when exercising their powers provided for by law;
- to submit a reasoned request for the change or destruction of their personal data by any owner and administrator of this database, if these data are processed illegally or are unreliable;
- to protect their personal data from unlawful processing and accidental loss, destruction, damage due to intentional concealment, failure to provide or untimely provision of such data, as well as to protect against the provision of information that is unreliable or defamatory of the honor, dignity and business reputation of an individual;
- to address issues of protecting their rights regarding personal data to state authorities and local self-government bodies whose powers include the protection of personal data;
- apply legal remedies in case of violation of personal data protection legislation.
9. Procedure for handling requests from a personal data subject
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 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 referred to as the request) to the personal data controller.
The request states:
- 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 base 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 period for examining a 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 notify 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 the 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 ".