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

 

Contents

  1. General concepts and scope of application
  2. List of personal data databases
  3. Purpose of processing personal data
  4. Procedure for processing personal data: obtaining consent, notification of rights and actions with the personal data of the data subject
  5. Location of the personal data database
  6. Conditions for disclosing information about personal data to third parties
  7. Protection of personal data: protection methods, responsible person, employees who directly process and/or have access to personal data in connection with the performance of their official duties, retention period of personal data
  8. Rights of the personal data subject
  9. Procedure for handling requests from the personal data subject
  10. State registration of the personal data database

 

1. General concepts and scope of application

1.1. Definitions:

personal data database — a named set of ordered 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 their 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, and which approves the purpose of processing personal data in this database, establishes the composition of such data and the procedures for their 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, catalogues, and other systematized collections of open information containing personal data, posted and published with the knowledge of the personal data subject. Social networks and internet resources where a personal data subject leaves their personal data are not considered publicly available sources of personal data (except where the personal data subject explicitly indicates that the personal data are posted for the purpose of free dissemination and use);

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

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

processing of personal data — any action or set of actions performed wholly or partially in an information (automated) system and/or in personal data card files related to the collection, registration, accumulation, storage, adaptation, modification, updating, use and dissemination (distribution, provision, transfer), anonymization, 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;

processor (manager) 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 entrusted by the owner and/or processor 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 a processor of the personal data database;

personal data subject — an individual in respect of whom the processing of their personal data is carried out in accordance with the law;

third party — any person other than the personal data subject, the owner or processor of the personal data database, and the authorized state body for personal data protection, to whom the owner or processor of the personal data database transfers personal data in accordance with the law;

special categories of data — personal data on 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 the responsible person and the seller’s employees 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 processing personal data

3.1. The purpose of processing personal data in the system is to ensure the implementation of civil-law relations, the provision, receipt, and settlement 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 processing personal data: obtaining consent, notification of rights and actions with the personal data of the data subject

4.1. The consent of the personal data subject must be a voluntary expression of will by the individual to grant permission for the processing of their personal data in accordance with the stated purpose of such 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 containing the mandatory details that make it possible to identify this document and the individual. It is advisable to certify the individual’s voluntary expression of will to grant permission for the processing of their personal data with the personal data subject’s electronic signature;
  • 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 when entering into civil-law relations in accordance with applicable law.

4.4. Notification of the personal data subject about the inclusion of their 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 their personal data are transferred is carried out when entering into civil-law relations in accordance with applicable law.

4.5. The processing of personal data regarding 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 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 information about personal data to third parties

6.1. The procedure for third-party access 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 legal requirements.

6.2. Access to personal data shall not be granted to a third party if such party refuses to undertake 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 – request) to personal data to the owner of personal data.

6.4. The request shall indicate:

  • surname, name and patronymic, place of residence (location) and details of the identity document of 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 a legal entity – the applicant);
  • surname, name and patronymic, as well as other information that makes it possible to identify the individual to whom the request relates;
  • information about the personal data database to which the request relates, or information about the owner or processor of this personal data database;
  • the list of personal data requested;
  • the purpose and/or legal grounds for the request.

6.5. The period for reviewing 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 database informs the person who submitted the request that the request will be satisfied or that the relevant personal data are not subject to provision, indicating the grounds defined in the relevant regulatory 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 the personal data of third parties is permitted if the required 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. Notification 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 postponement shall indicate:

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

6.9. Refusal of access to personal data is permitted if access to them is prohibited by law.

6.10. The notice of refusal shall indicate:

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

6.11. A decision to postpone or refuse access to personal data may be appealed to the court.

 

7. Protection of personal data: protection methods, responsible person, employees who directly process and/or have access to personal data in connection with the performance of their official duties, retention period of personal data

7.1. The owner of the personal data database has installed system and software-technical means 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 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 their processing are specified in the job description.

7.3. The responsible person shall:

  • 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 labor duties;
  • ensure that the employees of the Owner of the personal data database comply with the legislation of Ukraine on personal data protection and with internal documents regulating the activities of the Owner regarding the processing and protection of personal data in personal data databases;
  • develop a procedure for internal control over compliance with the legislation of Ukraine on personal data protection and internal documents regulating the activities of the Owner regarding the processing and protection of personal data in personal data databases, which, in particular, shall contain provisions on the frequency of such control;
  • notify the Owner of the personal data database about violations by employees of the requirements of the legislation of Ukraine on personal data protection and internal documents regulating the activities of the Owner regarding the processing and protection of personal data in personal data databases, no later than one working day from the moment such violations are detected;
  • ensure the storage of documents confirming that the personal data subject has given consent to the processing of their personal data and that the subject has been informed of their rights.

7.4. For the purpose of fulfilling 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 documents received, including copies of files and any records stored in local networks and standalone computer systems;
  • participate in discussions regarding the performance of their duties in organizing work related to the protection of personal data during their processing;
  • submit proposals for improving activities and methods of work, provide comments and options for eliminating identified shortcomings in the process of processing personal data;
  • receive explanations on issues of personal data processing;
  • sign and visa 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 must comply with the legislation of Ukraine on 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, must not disclose in any way the personal data entrusted to them or that became known to them in connection with the performance of their professional, official or labor duties. This obligation remains in force after they cease activities related to personal data, except as provided by law.

7.7. Persons who have access to personal data, including those who process them, shall be liable in case of violation of the requirements of the Law of Ukraine “On Personal Data Protection” in accordance with the legislation of Ukraine.

7.8. Personal data shall not be stored longer than necessary for the purpose for which such data are stored, and in any case no longer than the 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 the location of the personal data database containing their personal data, its purpose and name, the location and/or place of residence (stay) of the owner or processor of this database, or to authorize persons to obtain this information, except as provided by law;
  • receive information about the conditions for granting access to personal data, including information about third parties to whom their personal data contained in the relevant personal data database are transferred;
  • 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 as provided by law), a response as to whether their personal data are stored in the relevant personal data database, as well as receive the content of their stored personal data;
  • submit a reasoned request objecting to the processing of their personal data by public authorities or local self-government bodies when exercising their powers provided by law;
  • submit a reasoned request for the modification or destruction of their personal data to any owner and/or processor of this database if such data are processed unlawfully or are inaccurate;
  • 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 protect against the provision of information that is inaccurate or harms the honor, dignity and business reputation of an individual;
  • apply to public authorities or local self-government bodies competent in the protection of personal data for the protection of their rights regarding personal data;
  • resort to 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 obtain any information about themselves from any subject of relations related to personal data without specifying the purpose of the request, except as provided by law.

9.2. Access by the personal data subject to data about themselves is free of charge.

9.3. The personal data subject submits a request for access (hereinafter – request) to personal data to the owner of the personal data database.

The request shall indicate:

  • surname, name and patronymic, place of residence (stay), and details of the identity document of the personal data subject;
  • other information that makes it possible to identify the personal data subject;
  • information about the personal data database to which the request relates, or information about the owner or processor of this database;
  • the list of personal data requested.

9.4. The period for reviewing 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 database informs the personal data subject that the request will be satisfied or that the relevant personal data are not subject to provision, indicating the grounds defined in the relevant regulatory 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 database

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