Regulations on the processing and protection of personal data in personal data bases owned by the seller
Content
1. General concepts and scope of application
2. List of personal data bases
5. Purpose of personal data processing
4. The procedure for processing personal data: obtaining consent, notification of rights and actions with personal data of the subject of personal data
5. Location of the personal data base
6. Terms of disclosure of 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 performance of their official duties, the period of storage of personal data
8. Rights of the subject of personal data
9. Procedure for handling requests of the subject of personal data
10. State registration of the personal data base
1. General concepts and scope of application
1.1. Definition of terms:
Personal data base - a responsible person who organizes the work of protecting personal data during their processing, in accordance with the law, and a named set of ordered personal data in electronic form and/or in the form of personal data files, a designated person;
The owner of the personal data base is a natural or legal person 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 its processing, unless above determined by law;
The State Register of Personal Data Bases is a single state information system for collecting, accumulating and processing information on registered personal data bases;
Public sources of personal data are directories, address books, registers, lists, catalogs and 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 where the subject of personal data leaves his personal data (except when the subject of personal data indicates that these data are posted for the purpose of their free distribution and use) are not considered publicly available sources of personal data;
The consent of the subject of personal data is any documented, voluntary expression of will of a natural person regarding the granting of permission for the processing of his personal data in accordance with the formulated purpose of their processing;
Anonymization of personal data is the removal of information that enables the identification of a person;
Processing of personal data is any action or set of actions carried out in whole or in part in the information (automated) system and/or personal data files, related to the collection, registration, accumulation, storage, adaptation, change, update, use and dissemination (distribution, implementation, transfer), depersonalization, destruction of information about a natural person;
Personal data is information or a set of information about a natural person who is identified or can be specifically identified;
The administrator of the personal data base is a natural or legal person who is authorized to process this data by the owner of the personal data base or by law. A person entrusted by the owner or 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;
The subject of personal data is a natural person, in relation to whom personal data is processed in accordance with the law;
A third party is any person, with the exception of 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 are 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.
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:
- database of personal data of counterparties.
3. Purpose of personal data processing
3.1. The main purpose of processing personal data in the system is to ensure the performance of civil legal relations, providing, receiving and implementing settlements for purchased goods and services in accordance with the norms of the Tax Code of Ukraine and 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. A natural person's voluntary expression of will is a necessary condition for giving consent to the processing of his personal data in accordance with the stated purpose of processing.
4.2. The consent of the subject of personal data can be expressed in the following ways:
- a paper document with relevant details that allow identification of both the document and the natural person;
- an electronic document, where there must be mandatory details that ensure the identification of this document and the natural person. In cases of voluntary expression of the individual's will to grant permission for the processing of his personal data, it is recommended to use his electronic signature,
- a mark on the electronic page of the document or in the electronic file, which is processed in the information system on the basis of documented software and technical solutions.
4.3. The consent of the subject of personal data is given during the registration of civil legal 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, his rights and purposes of data collection, as well as the persons to whom his personal data is transferred, occurs when civil legal relations are established in accordance with current legislation.
4.5. The processing of personal data regarding 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 base specified in section 2 of this Regulation is located at the address of the seller.
6. Terms of disclosure of personal data to third parties
6.1. The terms of access of third parties to personal data are determined in accordance with the consent that the subject of personal data gives to the owner of personal data for their processing, or in accordance with the requirements of the law.
6.2. Access to personal data of third parties is granted only on the condition that the specified third party undertakes to fulfill the requirements of the Law of Ukraine "On the Protection of Personal Data" or is able to ensure their fulfillment.
6.3. An entity related to personal data may submit a request for access to personal data to the owner of the personal data base.
6.4. The request must include:
- surname, first name and patronymic, place of residence (residence) and details of the document certifying the natural person submitting the request (for the natural person-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 authority of the legal entity (for the applicant legal entity);
- surname, first name and patronymic, as well as other information that makes it possible to identify the natural person about whom the request is made;
- information about the database of personal data or the owner (administrator) of this database;
- list of requested personal data;
- the purpose and/or legal basis for the request.
6.5. The term of consideration of a request to resolve issues of access to personal data may not exceed ten working days from the moment of receipt of the request. During this period, the owner of the personal data base shall notify the person who submitted the request that the request will be fulfilled or that the personal data shall not be provided, with an indication of the relevant grounds provided for by the relevant legal act. The satisfaction of the request must be carried out within thirty calendar days from the date of its receipt, unless otherwise determined by law.
6.6. Delay in access to personal data of third parties may be allowed in cases where the transfer of this data cannot be ensured within thirty calendar days from the date of receipt of the request. At the same time, the total term for solving the issues raised in the request cannot exceed forty-five calendar days.
6.7. The third person who submitted the request is notified of the postponement in writing, with an explanation of the procedure for appealing such a decision.
6.8. The notice of postponement shall specify:
- surname, first name and patronymic of the official;
- the date of sending the message;
- the reason for the delay;
- the period during which the request will be satisfied.
6.9. Refusal of access to personal data is permitted if this access is limited by law.
6.10. The rejection notice states:
- surname, first name and patronymic of the official denying access;
- the date of sending the message;
- reason for refusal.
6.11. The decision to delay or deny access to personal data can be appealed to the court.
7. Protection of personal data: methods of protection, the responsible person, employees who directly process and/or have access to personal data in connection with the performance of their official duties, the period of storage of personal data
7.1. The owner of the personal data base is equipped with system and software-technical means and means of communication that prevent loss, theft, unauthorized destruction, distortion, forgery, copying of information, and they 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 personal data. The duties of the responsible person regarding 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:
- 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 labor duties;
- to ensure that the employees of the owner of the personal data base comply with the requirements of the legislation of Ukraine and internal documents regarding the protection of personal data;
- develop a procedure for internal control over compliance with the requirements of the legislation of Ukraine and internal documents regarding the processing and protection of personal data in personal data bases, including the periodicity of such control;
- notify the owner of the personal data base about the facts of violations by the employees of the requirements of the legislation of Ukraine and internal documents regarding the processing and protection of personal data no later than one working day from the moment of detection of such violations;
- to ensure the storage of documents confirming the provision by the subject of personal data of consent to the processing of his personal data and notification of the specified subject about his rights.
7.4. 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;
- make copies of received documents, including copies of files, records stored in local networks and autonomous computer systems;
- participate in the discussion of the performed duties of the organization of work related to the protection of personal data;
- submit proposals for improving activities and work methods, make comments and suggestions for eliminating identified deficiencies in the process of personal data processing;
- to receive an explanation regarding the processing of personal data;
- sign and certify documents within the limits of their competence.
7.5. Employees who directly process or have access to personal data in connection with the performance of their official or labor duties are obliged to comply with the requirements of the legislation of Ukraine
and internal documents regarding the processing and protection of personal data in personal data bases.
7.6. Employees who have access to personal data or carry out their processing are obliged to maintain confidentiality and not to disclose this data in any way, except for cases provided by law. This obligation applies after the termination of their activity related to the processing of personal data.
7.7. Persons who have access to personal data or carry out their processing are responsible in accordance with the legislation of Ukraine for violating the requirements of the Law of Ukraine "On the Protection of Personal Data".
7.8. Personal data should not be stored longer than is necessary for the purpose for which it is stored, and not longer than the period determined by the consent of the subject of personal data to the processing of this data.
8. Rights of the subject of personal data
8.1. The subject of personal data has the following rights:
- To know the location of the personal data base that contains his personal data, its purpose, name and location or place of residence (residence) of the owner or administrator of this database. He may also authorize authorized persons to obtain this information. However, this right may be limited in cases provided by law.
- Receive information about the conditions for providing access to his personal data, including information about third parties to whom his data contained in the relevant personal data base are transferred.
- Have access to your personal data contained in the relevant personal data base. A response to a request for access to data must be provided no later than 30 calendar days from the date of receipt of the request, except for cases provided by law.
- To receive an answer as to whether his personal data is stored in the relevant personal data base, as well as to receive the content of this data.
- To have the opportunity to object to the processing of his personal data by state authorities and local self-government bodies, if this processing is carried out within the framework of their powers provided for by law.
- To be able to request the modification or destruction of your personal data by any owner or administrator of the relevant database, if these data are processed illegally or are unreliable.
- Protect your personal data from illegal processing, accidental loss, destruction or damage, as well as from intentional concealment, failure to provide or untimely provision of this data, as well as from providing inaccurate or defamatory information about a natural person.
- To contact the state authorities and local self-government bodies responsible for the protection of personal data, regarding the protection of their rights regarding this data.
- Use legal remedies in case of violation of the legislation on protection of personal data.
9. Procedure for handling requests of the subject of personal data
9.1. The subject of personal data has the right to receive any information about himself from any subject of relations related to personal data, without the need to specify the purpose of the request, except for cases provided by law.
9.2. The right of access of the subject of personal data to information about himself is carried out free of charge.
9.3. In order to gain access to his personal data, the subject of personal data submits a request to the owner of the personal data base. The following data must be specified in the request:
- Surname, first name and patronymic of the subject of personal data, as well as the place of residence (place of stay) and the details of the document certifying the identity of the subject.
- Other information that allows identification of the subject of personal data.
- Information about the database of personal data, in relation to which the request is submitted, or information about the owner or administrator of this database.
- List of requested personal data.
9.4. The term for considering the request and making a decision on its satisfaction or refusal may not exceed ten working days from the moment of receipt of the request. During this period, the owners of the personal data base must notify the subject of personal data whether the request will be granted, or indicate the reason for refusal, defined in the relevant regulatory legal acts.
9.5. The request for obtaining personal data must be satisfied within thirty calendar days from the date of its receipt, unless the law provides for another period.
10. State registration of the 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 Protection of Personal Data".