Regulation on the processing and protection of personal data in personal databases owned by the seller
Content
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General concepts and scope of application
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List of personal data bases
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Purpose of personal data processing
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Procedure for processing personal data: obtaining consent, notification of rights and actions with personal data of the personal data subject
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Location of the personal data base
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Conditions for disclosure of information about personal data to third parties
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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, storage period of personal data
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Rights of the personal data subject
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Procedure for handling requests from the personal data subject
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State registration of the personal data base
1. General concepts and scope of application
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 specific person who organizes work related to the protection of personal data during their processing, in accordance with the law;
owner of a personal data base - an individual or legal entity who is granted the right to process this data by law or with the consent of the subject of personal data, 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 determined by law;
State Register of Personal Data Bases - a unified state information system for collecting, accumulating and processing information on registered personal data bases;
publicly available sources of personal data - directories, address books, registers, lists, catalogues, other systematized collections of open information containing 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 expressly states that the personal data are posted for the purpose of their free distribution and use);
consent of the personal data subject - any documented, voluntary expression of will of an individual to grant permission to process his personal data in accordance with the formulated purpose of their processing;
depersonalization of personal data - removal of information that allows identifying 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 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;
personal data database manager - an individual or legal entity who is granted the right to process this data by the owner of the personal data database or by law. A person who is instructed by the owner and/or manager of the personal data database to perform technical work with the personal data database without access to the content of the personal data is not a personal data database manager;
personal data subject - an individual in relation to whom, in accordance with the law, his personal data is processed;
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 the protection of personal data, 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 on racial or ethnic origin, political, religious or ideological beliefs, membership in political parties and trade unions, as well as data related to health or sexual life.
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 personal data processing
3.1. The purpose of processing personal data in the system is to ensure the implementation of civil-legal relations, the provision, receipt and implementation of 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. 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 personal data subject must be a voluntary expression of the will of an individual regarding the granting of permission to process his/her personal data in accordance with the formulated 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 this document and the individual to be identified;
- an electronic document that must contain mandatory details that allow this document and the individual to be identified. It is advisable to certify the voluntary expression of will of an individual regarding the granting of permission to process his/her personal data by an electronic signature of the subject of personal data;
- a mark on the electronic page of a document or in an electronic file that is processed in the information system based on documented software and hardware solutions.
4.3. The consent of the personal data subject is provided when formalizing civil-legal relations in accordance with the current legislation.
4.4. The notification of the personal data subject about the inclusion of his personal data in the personal data base, 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 formalizing civil-legal relations in accordance with the current legislation.
4.5. The processing of personal data on racial or ethnic origin, political, religious or ideological beliefs, membership in political parties and trade unions, as well as data related to 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 this Regulation are located at the seller’s address.
6. Conditions for disclosure of 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 owner of the 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 the 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 owner.
6.4. The request shall indicate:
- last name, first 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, last name, 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);
- last name, first name and patronymic, as well as other information that allows identifying the individual in relation to whom the request is made;
- information about the personal database in relation to which the request is submitted, or information about the owner or manager of this personal database;
- list of requested personal data;
- purpose and/or legal grounds for the request.
6.5. The period for studying 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 notifies the person submitting the request 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. The request will be satisfied within thirty calendar days from the date of its receipt, unless otherwise provided by law.
6.6. A deferment 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 may not exceed forty-five calendar days.
6.7. Notification of the deferment 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 message about the deferment shall indicate:
- surname, first name and patronymic of the official;
- date of sending the message;
- 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 name of the official denying access;
- date of sending the message;
- reason for refusal.
6.11. The decision to postpone or refuse access to personal data may 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. The owners of the personal data base are equipped with system, software and hardware tools and communication facilities that prevent loss, theft, unauthorized destruction, distortion, forgery, 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 the order of the owner of the personal data base.
The responsibilities of the responsible person for organizing 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 of employees in accordance with their professional or official or work duties;
- ensure that the employees of the personal data base owner comply with the requirements of the legislation of Ukraine in the field of personal data protection and internal documents regulating the activities of the personal data base owner 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 Personal Data Base Owner on the processing and protection of personal data in personal data bases, which, in particular, must contain standards for the frequency of such control;
- notify the owner of the personal data base of 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 activities of the personal data base owner on the processing and protection of personal data in personal data bases no later than one business day from the date of detection of such violations;
- ensure the storage of documents confirming the provision by the personal data subject of consent to the processing of his personal data and notification of the said subject of his rights.
7.4. In order 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 base related to the processing of personal data;
- Make copies of the received documents, including copies of files, any records stored in local area networks and autonomous computer systems;
- Participate in the discussion of the duties performed by them 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 deficiencies in the process of processing personal data;
- Receive explanations on issues related to the processing of personal data;
- Sign and endorse documents within the limits of 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 on the processing and protection of personal data in personal 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 they were entrusted with or that became known in connection with the performance of professional or official or labor duties. ties. Such an obligation is valid after they cease 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, in the event of their 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 shall not be stored longer than is necessary for the purposes 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 personal data subject has the right to:
- know the location of the personal data base containing his/her personal data, its purpose and name, location and/or place of residence (location) of the owner or manager of this base, or give the appropriate instruction to obtain this information to persons authorized by him/her, except in cases established by law;
- receive information on the conditions for granting access to personal data, in particular information on third parties to whom his/her personal data contained in the relevant personal data base are transferred;
- to access his/her personal data contained in the relevant personal data base;
- to receive, no later than thirty calendar days from the date of receipt of the request, except in cases provided by law, a response on whether his/her personal data are stored in the relevant personal data base, as well as to receive the content of his/her stored personal data;
- to submit a reasoned request with an objection to the processing of his/her personal data by state authorities, local government bodies in the exercise of their powers provided by law;
- to submit a reasoned demand for the modification or destruction of their personal data by any owner and manager of this database, if these data are processed illegally or are inaccurate;
- to protect their personal data from illegal processing and accidental loss, destruction, damage due to intentional concealment, failure to provide or untimely provision, as well as protection from the provision of information that is inaccurate or honest. ;
- to contact state authorities, local government bodies, whose powers include the protection of personal data on issues of protection of their rights regarding personal data;
- to apply legal remedies 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 for cases established by law.
9.2. The personal data subject's access to data about himself is free of charge.
9.3. The personal data subject submits a request for access (hereinafter referred to as the request) to personal data to the owner of the personal data base.
The request shall indicate:
- surname, first name and patronymic, place of residence (place of stay) and details of the identity document of the personal data subject;
- other information that allows identifying the identity of the personal data subject;
- information about the personal data base for which the request is submitted, or information about the owner or manager of this base;
- list of requested personal data.
9.4. The period for studying 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 informs the subject of personal data that the request will be satisfied or the relevant personal data are not subject to provision, indicating the grounds determined 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 bases is carried out in accordance with Article 9 of the Law of Ukraine “On the Protection of Personal Data”.