Regulation on the processing and protection of personal data in personal data databases owned by the seller

Contents

  1. General concepts and scope
  2. List of personal data databases
  3. Purpose of personal data processing
  4. Procedure for processing personal data: obtaining consent, notification of rights and of actions with the data subject's personal data
  5. Location of the personal data database
  6. Conditions for disclosing personal data to third parties
  7. Protection of personal data: methods of protection, the responsible person, employees who directly process and/or have access to personal data in the course of their duties, retention period
  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

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 organises the work related to protecting personal data during processing, in accordance with the law;

owner of the personal data database — a natural or legal person granted the right to process the data by law or with the consent of the personal data subject, who approves the purpose of processing personal data in the database and establishes the composition of the data and the procedures for processing it, unless otherwise provided by law;

State Register of Personal Data Databases — a single 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 systematised collections of open information containing personal data placed and published with the knowledge of the personal data subject. Social networks and online resources where the personal data subject leaves their personal data are not considered publicly available sources (except where the personal data subject expressly states that the personal data has been placed for free distribution and use);

consent of the personal data subject — any documented, voluntary expression of will by a natural person giving permission to process their personal data in accordance with the stated purpose of processing;

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

processing of personal data — any action or set of actions performed wholly or partly in an information (automated) system and/or in personal data card files relating to the collection, registration, accumulation, storage, adaptation, alteration, updating, use and dissemination (distribution, transfer), depersonalisation and destruction of information about a natural person;

personal data — information or a set of information about a natural person who is identified or can be specifically identified;

processor of the personal data database — a natural or legal person granted the right to process the data by the owner of the personal data database or by law. A person instructed by the owner and/or processor to carry out technical work on the database without access to the content of the personal data is not a processor;

personal data subject — a natural person whose personal data is processed 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 authorised state body for personal data protection, to whom the owner or processor 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 of political parties and trade unions, and data concerning health or sex life.

1.2. This Regulation is binding on the responsible person and the seller's employees who directly process and/or have access to personal data in the course of their duties.

2. List of personal data databases

2.1. The seller owns the following personal data databases:

  • the personal data database of counterparties.

3. Purpose of personal data processing

3.1. The purpose of processing personal data in the system is to carry out civil-law relations and to provide, receive and settle payments 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 of actions with the data subject's personal data

4.1. The consent of the personal data subject must be a voluntary expression of will by the natural person giving permission to process their personal data in accordance with the stated purpose of processing.

4.2. Consent may be given in the following forms:

  • a paper document with details that make it possible to identify the document and the natural person;
  • an electronic document containing the mandatory details that make it possible to identify the document and the natural person. It is advisable to certify the voluntary expression of will with the electronic signature of the personal data subject;
  • a mark on the electronic page of a document or in an electronic file processed in an information system based on documented software and hardware solutions.

4.3. Consent is given when civil-law relations are formalised in accordance with current legislation.

4.4. The personal data subject is notified of the inclusion of their personal data in the database, of the rights defined by the Law of Ukraine "On Personal Data Protection", of the purpose of collecting the data and of the persons to whom their personal data is transferred when civil-law relations are formalised in accordance with current legislation.

4.5. Processing of personal data on racial or ethnic origin, political, religious or philosophical beliefs, membership of political parties and trade unions, and 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 listed in section 2 of this Regulation are located at the seller's address.

6. Conditions for disclosing personal data to third parties

6.1. Third parties' access to personal data is determined by the terms of the consent given by the personal data subject to the owner of the personal data, or in accordance with the requirements of the law.

6.2. A third party is not granted access to personal data if it refuses to undertake to ensure compliance with the Law of Ukraine "On Personal Data Protection" or is unable to ensure it.

6.3. A party to relations involving personal data submits a request for access (hereinafter the "request") to the owner of the personal data.

6.4. The request must state:

  • the surname, first name and patronymic, place of residence (stay) and details of the identity document of the natural person submitting the request (for an individual applicant);
  • the name and location of the legal entity submitting the request, the position, surname, first name and patronymic of the person certifying the request, and confirmation that the content of the request is within the legal entity's powers (for a legal-entity applicant);
  • the surname, first name and patronymic, and other information that makes it possible to identify the natural person concerned;
  • information about the personal data database concerned, or about its owner or processor;
  • the list of personal data requested;
  • the purpose and/or legal grounds for the request.

6.5. A request is reviewed within no more than ten working days of its receipt. Within this period the owner of the personal data database informs the requester that the request will be granted or that the personal data cannot be provided, stating the grounds defined in the relevant legal act. The request is fulfilled within thirty calendar days of its receipt, unless otherwise provided by law.

6.6. Access may be deferred if the data cannot be provided within thirty calendar days of receipt of the request. In that case the total time for resolving the issues raised in the request may not exceed forty-five calendar days.

6.7. The third party who submitted the request is notified of the deferral in writing, with an explanation of how to appeal the decision.

6.8. The deferral notice states:

  • the surname, first name and patronymic of the official;
  • the date the notice was sent;
  • the reason for the deferral;
  • the period within which the request will be fulfilled.

6.9. Access to personal data may be refused if such access is prohibited by law.

6.10. The refusal notice states:

  • the surname, first name and patronymic of the official refusing access;
  • the date the notice was sent;
  • the reason for the refusal.

6.11. A decision to defer or refuse access to personal data may be appealed in court.

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

7.1. The owner of the personal data database is equipped with system, software, hardware and communication tools that prevent loss, theft, unauthorised destruction, distortion, forgery and copying of information and that meet the requirements of international and national standards.

7.2. The responsible person organises the work related to protecting personal data during processing in accordance with the law. The responsible person is appointed by order of the owner of the personal data database.

The responsible person's duties regarding the protection of personal data during processing are set out in their job description.

7.3. The responsible person must:

  • know the legislation of Ukraine on personal data protection;
  • develop procedures for employees' access to personal data in line with their professional, official or employment 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 the internal documents governing the owner's processing and protection of personal data;
  • develop a procedure for internal control over compliance with the legislation of Ukraine on personal data protection and with the internal documents governing the owner's processing and protection of personal data, including rules on how often such control is carried out;
  • inform the owner of the personal data database of any breaches by employees of the legislation of Ukraine on personal data protection or of the internal documents governing the owner's processing and protection of personal data no later than one working day after the breach is discovered;
  • ensure the storage of documents confirming that the personal data subject has consented to the processing of their personal data and has been informed of their rights.

7.4. 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 database relating to the processing of personal data;
  • make copies of the documents received, including copies of files and any records stored in local area networks and stand-alone computer systems;
  • take part in discussing their duties relating to the protection of personal data during processing;
  • submit proposals for improving activities and working methods, and make comments and suggestions for eliminating shortcomings found in the processing of personal data;
  • obtain explanations on matters relating 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 the course of their official (employment) duties must comply with the legislation of Ukraine on personal data protection and with the internal documents on the processing and protection of personal data in personal data databases.

7.6. Employees who have access to personal data, including those who process it, must not disclose in any way personal data entrusted to them or that became known to them in the course of their professional, official or employment duties. This obligation remains in force after they stop working with personal data, except as provided by law.

7.7. Persons who have access to personal data, including those who process it, are liable under the legislation of Ukraine for breaches of the Law of Ukraine "On Personal Data Protection".

7.8. Personal data must not be stored longer than necessary for the purpose for which it is stored, and in any case not longer than the retention period specified in the personal data subject's consent to processing.

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, and the location and/or place of residence (stay) of its owner or processor, or to authorise other persons to obtain this information, except as provided by law;
  • receive information about the conditions of access to personal data, in particular about third parties to whom their personal data contained in the database is transferred;
  • access their personal data contained in the relevant personal data database;
  • receive, no later than thirty calendar days after the request is received (except as provided by law), an answer as to whether their personal data is stored in the relevant database, and receive the content of the stored personal data;
  • submit a reasoned objection to the processing of their personal data by state authorities and local self-government bodies in the exercise of their statutory powers;
  • submit a reasoned demand to any owner or processor of the database to change or destroy their personal data if the data is processed unlawfully or is inaccurate;
  • protection of their personal data against unlawful processing and accidental loss, destruction or damage resulting from deliberate concealment, failure to provide or late provision of the data, and protection against the provision of information that is inaccurate or damages the honour, dignity and business reputation of the natural person;
  • apply to state authorities and local self-government bodies responsible for personal data protection regarding the protection of their rights;
  • use legal remedies in the event of a breach 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 party to relations involving personal data without stating the purpose of the request, except as provided by law.

9.2. The personal data subject has access to data about themselves free of charge.

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

The request must state:

  • the surname, first 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 concerned, or about its owner or processor;
  • the list of personal data requested.

9.4. A request is reviewed within no more than ten working days of its receipt. Within this period the owner of the personal data database informs the personal data subject that the request will be granted or that the personal data cannot be provided, stating the grounds defined in the relevant legal act.

9.5. The request is fulfilled within thirty calendar days of its receipt, unless otherwise provided by law.

10. State registration of the personal data database

10.1. Personal data databases are registered with the state in accordance with Article 9 of the Law of Ukraine "On Personal Data Protection".