Regulations on the processing and protection of personal data in personal data databases owned by the seller
Contents
General concepts and scope
List of personal data databases
Purpose of personal data processing
Procedure for processing personal data: obtaining consent, notification of rights and actions with the personal data of the personal data subject
Location of the personal data database
Terms of disclosure of information about personal data to third parties
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
Rights of the personal data subject
Procedure for working with requests from the personal data subject
State registration of the personal data database
1. General concepts and scope
1.1. Definition of terms:
personal database - 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 database owner - a natural or legal person who is granted the right to process these 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 these data and the procedures for their processing, unless otherwise specified by law;
State Register of Personal Databases - a single state information system for collecting, accumulating and processing information on registered personal database;
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 knowledge of the subject of personal data. Social networks and Internet resources in which the subject of personal data leaves their personal data are not considered publicly available sources of personal data (except for cases when the subject of personal data explicitly states that the personal data is posted for the purpose of their free distribution and use);
consent of the subject of personal data - any documented, voluntary expression of will of an individual to grant permission for the processing of 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 filing systems, which are related to the collection, registration, accumulation, storage, adaptation, modification, updating, use and dissemination (dissemination, 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 administrator - an individual or legal entity who is granted the right to process these data by the owner of the personal data database or by law. A person who is entrusted by the owner and/or the owner of the personal data database to carry out technical work with the personal data database without access to the content of the personal data is not a personal data database administrator;
personal data subject - a natural person whose personal data are processed in accordance with the law;
third party - any person, with the exception of the personal data subject, the owner or administrator of the personal data base and the authorized state body for personal data protection, to whom the owner or administrator of the personal data base transfers personal data in accordance with the law;
special categories of data - personal data about 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:
personal data base 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 legal relations, the provision, receipt and payment 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 the 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 the will of an individual to grant permission for the processing of 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 the identification of this document and the individual;
an electronic document that must contain mandatory details that allow the identification of this document and the individual. The voluntary expression of the will of an individual to grant permission for the processing of his/her personal data should be certified by an electronic signature of the personal data subject;
a mark on the electronic page of the document or in an electronic file that is processed in the information system on the basis of 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 the current legislation.
4.4. 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 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 the current legislation.
4.5. Processing of personal data about 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 these Regulations are located at the address of the seller.
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 these 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 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 relations related to personal data submits a request for access (hereinafter referred to as the request) to personal data 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 certifying 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 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 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;
list of personal data requested;
purpose and/or legal grounds for the request.
6.5. The term for examining a request for the purpose of satisfying it may not exceed ten working days from the date of its receipt. During this term, the owner of the personal data base 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 the 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 may not exceed forty-five calendar days.
6.7. The 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 notification of the postponement shall indicate:
the last name, first name and patronymic of the official;
the date of sending the notification;
the reason for the postponement;
the period within which the request will be satisfied.
6.9. Denial of access to personal data is allowed if access to them is prohibited by law.
6.10. The notification of the refusal shall indicate:
the last name, first name and patronymic of the official who refuses access;
the date of sending the notification;
the reason for the 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 data base is equipped with system and software and hardware means