Regulations on the processing and protection of personal data in personal databases owned by the seller
Contents
- General concepts and scope of application
- List of personal databases
- Purpose of personal data processing
- Procedure for processing personal data: obtaining consent, notification of rights and actions with personal data of the personal data subject
- Location of the personal database.
- Terms of disclosure of 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, personal data retention period
- Rights of the Personal Data Subject
- Procedure for handling requests from the personal data subject
- State registration of the personal database
1. General concepts and scope of application
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 following the law;
Owner of a personal database - an individual or legal entity that is authorized by law or with the consent of the personal data subject to process this data, approves the purpose of processing personal data in this database, establishes the composition of this data, and procedures for its processing, unless otherwise provided by law;
The State Register of Personal Data Databases is the only state information system for collecting, accumulating, and processing information on 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 placed and published with the personal data subject's consent. Social networks and Internet resources where the personal data subject leaves their data are not considered publicly available sources of personal data (unless the personal data subject expressly states that the personal data is posted for their free distribution and use);
Consent of the subject of personal data - any documented, voluntary expression of the individual's will to grant permission to process their data for the stated purpose of their processing;
Depersonalization of personal data - means the removal of information that allows to identify a person;
Processing of personal data - any action or set of actions performed in whole or in part in an information (automated) system and/or in individual data files related to the collection, registration, accumulation, storage, adaptation, modification, updating, use and dissemination (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 database manager - an individual or legal entity authorized by the Owner of the personal database or by law to process this data. A person who is entrusted by the Owner and/or manager of the personal database to carry out technical work with the personal database without access to the content of personal data is not a personal data manager;
Personal data subject - an individual in respect of whom the law processes personal data;
Third-party - any person, except for the personal data subject, the Owner or manager of the personal database, and the authorized state body for personal data protection, to whom the Owner or manager of the personal database transfers personal data by the law;
Special categories of data - include personal data on racial or ethnic origin, political, religious, or ideological beliefs, membership in political parties and trade unions, and 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 databases
2.1. The Seller is the Owner of the following personal databases:
- Database of personal data of counterparties.
3. The 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 payment for purchased goods and services by 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 personal data subject's consent must be a voluntary expression of the individual's will to grant permission to process his or her data for the stated purpose of their processing.
4.2. The consent of the personal data subject may be provided in the following forms:
- A document on paper with details that allow identifying this document and the individual;
- An electronic document must contain mandatory information to identify this document and an individual. The voluntary expression of the will of an individual to grant permission to process his or her 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 processed in the information system based on documented software and hardware solutions.
4.3. Per current legislation, the personal data subject's consent shall be obtained when formalizing civil law relations.
4.4. Notification of the personal data subject about the inclusion of his/her data in the personal database, the rights defined by the Law of Ukraine "On Personal Data Protection," the purpose of data collection, and the persons to whom his/her data is transferred is carried out during the registration of civil law relations by 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, and data related to health or sexual life (special categories of data) is prohibited.
5. Location of the personal database
5.1. The personal databases specified in section 2 of this Regulation are at the seller's address.
6. Terms of disclosure of personal data to third parties
6.1. The procedure for access to personal data of third parties is determined by the terms of the consent of the personal data subject provided to the Owner of personal data to process this data or by the requirements of the law.
6.2. Access to personal data shall not be granted to a third party if the person refuses to undertake obligations to ensure compliance with the requirements of the Law of Ukraine "On Personal Data Protection" or cannot ensure them.
6.3. The subject of relations related to personal data submits a request for access (from now on referred to as the request) to personal data to the personal data owner.
6.4. The request shall include:
- 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, 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, name, and patronymic, as well as other information that allows the identify the individual in respect of whom the request is made;
- information about the personal database in respect of which the request is made, or information about the Owner or manager of this personal database;
- list of personal data requested;
- the purpose and/or legal grounds for the request.
6.5. The term for studying the request to satisfy it may be, at most, ten working days from the date of its receipt. Within this period, the Owner of the personal database shall inform the person submitting the request that the request will be granted or the relevant personal data shall not be provided, indicating the grounds specified in the relevant regulatory legal act. Unless otherwise provided by law, the request shall be satisfied within thirty calendar days from its receipt.
6.6. Access to third-party personal data can be deferred 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. The notice of postponement shall be communicated in writing to the third party who submitted the request, along with an explanation of the procedure for appealing such decision.
6.8. The notice of postponement shall include:
- surname, name, and patronymic of the official;
- date of sending the notice;
- 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 notice of refusal shall include:
- surname, name, patronymic of the official who denies access;
- date of sending the notification;
- reason for refusal.
6.11. The decision to postpone or deny access to personal data may be appealed to the 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, personal data storage period
7.1. The Owner of the personal database is equipped with a system, software, and, hardware, and communication means that prevent the loss, theft, unauthorized destruction, distortion, forgery, copying of information and meet the requirements of international and national standards.
7.2. The responsible person shall organize work related to protecting personal data during processing in accordance with the law. The responsible person is appointed by order of the Personal Data Base Owner.
The job description specifies the responsibilities of the person responsible for organizing work related to protecting personal data during processing.
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 the personal data of employees by their professional or official duties or employment responsibilities;
- ensure that the employees of the Personal Data Owner comply with the requirements of the legislation of Ukraine in the field of personal data protection and internal documents governing the activities of the Personal Data Owner regarding the processing and protection of personal data in personal databases;
- 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 database owner regarding the processing and protection of personal data in personal databases, which, in particular, should contain rules on the frequency of such control;
- notify the Personal Data Base Owner 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 regarding the processing and protection of personal data in personal databases within one business day from the date of detection of such violations;
- Ensure the storage of documents confirms that the personal data subject has consented to processing his/her personal data and notified the subject of his/her rights.
7.4. In order to fulfill his/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 database related to the processing of personal data;
- make copies of the received documents, including copies of files and any records stored in local computer networks and autonomous computer systems;
- participate in the discussion of his/her duties of organizing work related to the protection of personal data during their processing;
- submit proposals for improvement of activities and methods of work; submit comments and options for eliminating identified shortcomings in the process of personal data processing;
- Receive explanations on issues related to the processing of personal data;
- to 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 Ukraine's legislation 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 it, shall be obliged to prevent disclosure of personal data entrusted to them or which became known in connection with the performance of professional or official duties or employment. This obligation shall be valid after they cease to perform 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, in case of violation of the requirements of the Law of Ukraine, "On Personal Data Protection," shall be liable by the legislation of Ukraine.
7.8. Personal data shall be stored for at most necessary for the purpose for which such data is stored, but in any case, not longer than the data storage period determined by 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 the location of the personal database containing his/her data, its purpose and name, location and/or place of residence (stay) of the Owner or manager of this database or to give a corresponding order 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, including information about third parties to whom his/her personal data contained in the relevant personal database is transferred;
- to access their data contained in the relevant personal database;
- to receive a response on whether his/her data is stored in the relevant personal database no later than thirty calendar days from the date of receipt of the request, except in cases provided for by law, as well as to receive the content of his/her data that is stored;
- to submit a reasoned request with an objection to the processing of his/her data by state authorities and local self-government bodies in the exercise of their powers provided by law;
- to submit a reasoned request to change or destroy his/her data by any owner and manager of this database if this data is processed illegally or is unreliable;
- to protect their data from unlawful processing and accidental loss, destruction, or damage due to intentional concealment, failure to provide, or untimely provision, as well as to protect against the provision of information that is inaccurate or discrediting the honor, dignity, and business reputation of an individual;
- apply for protection of their rights regarding personal data to state authorities and local self-government bodies authorized to protect personal data;
- apply for legal remedies in case of violation of the legislation on personal data protection.
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/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. 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 (from now on - the request) to personal data to the Owner of the personal database.
The request shall include:
- surname, name and patronymic, place of residence (place of stay), and details of the personal data subject's identity document
- other information allowing the identify the personal data subject;
- information about the personal database in respect of which the request is made, or information about the Owner or manager of this database;
- list of personal data requested.
9.4. The period for studying the request for its satisfaction may be ten working days from the date of its receipt. During this period, the Owner of the personal database shall inform 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. Unless otherwise provided by law, the request will be satisfied within thirty calendar days from the date of its receipt.
10. State registration of personal database
10.1. State registration of personal databases follows Article 9 of the Law of Ukraine "On Protection of Personal Data".