User Agreement

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

Contents

 

1. General concepts and scope of application
2. List of personal databases
3. Purpose of personal data processing
4. The procedure for processing personal data: obtaining consent, notification of rights and actions with personal data of the personal data subject
5. Location of the personal data base
6. Terms of disclosure of information about personal data to third parties
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, the term of storage of personal data
8. Rights of the subject of personal data
9. Procedure for handling requests of the personal data subject
10. 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 ordered personal data in electronic form and/or in the form of personal data files;

responsible person - a designated person who organizes the work related to the protection of personal data during their processing in accordance with the law;

personal data base owner - a natural or legal person who is authorized by law or with the consent of the personal data subject to process these data, who approves the purpose of personal data processing in this database, establishes the composition of these data and procedures for their 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 about registered personal data databases;

publicly available sources of personal data - directories, address books, registers, lists, catalogs, other systematized collections of open information containing personal data placed and published with the knowledge of the personal data subject. Social networks and Internet resources in which the subject of personal data leaves his personal data are not considered to be public sources of personal data (unless the subject of personal data expressly states that personal data is placed 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/her personal data in accordance with the formulated purpose of their processing;

depersonalization of personal data - removal of information that allows to identify a person;

personal data processing - any action or set of actions performed in whole or in part in the information (automated) system and / or in personal 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 data base manager - a natural or legal person who is authorized by the owner of the personal data base or by law to process these data. A person who is entrusted by the owner and / or the manager of the personal data base to carry out technical work with the personal data base without access to the content of personal data is not the manager of the personal data base;

personal data subject - an individual in respect of whom personal data is processed in accordance with the law;

third party - any person, except for the personal data subject, the owner or manager of the personal data base and the authorized state body on personal data protection, 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 binding on 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 databases:

• 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 law relations, provision, receipt and settlement 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. The 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 to grant permission to process his 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 document on paper with details that allow identifying this document and the individual;
• an electronic document that must contain mandatory details that allow identifying this document and the individual. The voluntary expression of will of an individual to grant permission to process his personal data should be certified by the 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 on the basis of documented software and hardware solutions.

4.3. The consent of the personal data subject is provided during the registration of civil law relations in accordance with the current legislation.

4.4. Notification of the subject of personal data 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 law relations in accordance with the current legislation.

4.5. 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 sexual 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. 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 in accordance with the requirements of the law.

6.2. Access to personal data to a third party is not provided if the said person refuses to undertake obligations to ensure compliance with the requirements of the Law of Ukraine "On Personal Data Protection" or is unable to provide them.

6.3. The subject of relations related to personal data submits a request for access (hereinafter - the request) to personal data to the owner of personal data.

6.4. The request shall contain

• surname, 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, 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 the legal entity - applicant)
• surname, name and patronymic, as well as other information that allows to identify the individual in respect of whom the request is made;
• information about the personal data base in relation to which the request is submitted, or information about the owner or manager of this personal data base;
• list of personal data requested;
• purpose and/or legal grounds for the request.

6.5. The term for studying the 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 person submitting the request that the request will be satisfied or the relevant personal data are not subject to provision, indicating the grounds specified in the relevant regulatory legal act. The request is satisfied within thirty calendar days from the date of its receipt, unless otherwise provided by law.

6.6. Deferral 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 term for resolving the issues raised in the request may not exceed forty-five calendar days.

6.7. The notice of 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 contain

• surname, name and patronymic of the official
• date of sending the notice;
• reason for the postponement;
• the period during 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 contain

• 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 in court.

7. Personal data protection: protection methods, 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 data base is equipped with system and software and hardware and means of communication that prevent loss, theft, unauthorized destruction, distortion, forgery, copying of information and meet the requirements of international and national standards.

7.2. The responsible person organizes the 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.

Responsibilities of the responsible person for 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 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, official or employment duties;
• ensure that employees of the Owner of the personal data base comply with the requirements of the legislation of Ukraine in the field of personal data protection and internal documents regulating the activities of the Owner of the personal data base 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 Owner of the personal data base on the processing and protection of personal data in personal databases, which, in particular, should contain norms on the frequency of such control;
• to notify the Owner of the personal data base about 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 Owner of the personal data base on the processing and protection of personal data in personal databases within a period not later than one working day from the moment such violations are detected;
• ensure the storage of documents confirming the provision of the personal data subject's consent to the processing of his personal data and notification of the said subject of his rights.

7.4. In order to perform 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 data base related to the processing of personal data
• make copies of the received documents, including copies of files, any records stored in local computer networks and autonomous computer systems;
• participate in the discussion of his/her duties related to the organization of work related to the protection of personal data during their processing;
• submit for consideration proposals for improving activities and improving working methods, submit comments and options for eliminating identified shortcomings in the process of personal data processing;
• receive explanations on the issues of personal data processing;
• 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 (employment) 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 entrusted to them or which became known in connection with the performance of professional or official duties. This obligation is valid after the termination of their activities related to personal data, except in cases established by law.

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

7.8. Personal data should not be stored longer than 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 this data.

8. Rights of the personal data subject

8.1. The subject of personal data has the right

• to know about the location of the personal data base containing his/her personal data, its purpose and name, location and/or place of residence (stay) of the owner or manager of this database or to give an appropriate order to obtain this information to persons authorized by him/her, except in cases established by law
• to 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 data base is transferred;
• access to their 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 personal data is stored in the relevant personal data base, as well as to receive the content of his personal data that is stored;
• to submit a reasoned request with an objection to the processing of his/her personal data by public authorities, local self-government bodies in the exercise of their powers provided by law;
• to submit a reasoned request to change or destroy your personal data by any owner and manager of this database, if these data are processed illegally or are unreliable;
• to protect their personal data from unlawful processing and accidental loss, destruction, or damage due to intentional concealment, failure to provide or untimely provision thereof, 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 the protection of their rights regarding personal data to public authorities, local governments, whose powers include the protection of personal data;
• apply legal remedies in case of violation of the legislation on personal data protection.

9. Procedure for handling requests of the personal data subject

9.1. The subject of personal data 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. Access of the personal data subject to the data about himself is free of charge.

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

The request shall contain

• surname, name and patronymic, place of residence (place of stay) and details of the identity document of the personal data subject
• other information that allows to identify the identity of the personal data subject;
• information about the personal data base in respect of which the request is submitted, or information about the owner or manager of this database;
• list of personal data requested.

9.4. The term of studying the 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 personal data subject that the request will be satisfied or the relevant personal data are not subject to provision, indicating the grounds specified 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 databases is carried out in accordance with Article 9 of the Law of Ukraine "On Personal Data Protection".