Regulation on the Processing and Protection of Personal Data in the Personal Data Databases Owned by the Seller

 

Contents

 

 

  • General Concepts and Scope of Application

  • 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 Data Subject

  • Location of the Personal Data Database

  • Conditions for Disclosure of Personal Data to Third Parties

  • Protection of Personal Data: Protection Methods, Responsible Person, Employees Who Directly Process and/or Have Access to Personal Data in Connection with the Performance of Their Official Duties, Retention Period for Personal Data

  • Rights of the Data Subject

  • Procedure for Handling Requests of the Data Subject

  • State Registration of the Personal Data Database

 

 

 

 

1. General Concepts and Scope of Application

 

 

 

1.1. Definitions:

 

 

personal data database — a named set of organized personal data in electronic form and/or in the form of card files of personal data;

 

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

 

controller (owner) of the personal data database — a natural or legal person who, by law or with the consent of the data subject, is granted the right to process such data, who determines the purpose of processing personal data in this database, sets the composition of such data and the procedures for their processing, unless otherwise provided by law;

 

State Register of Personal Data Databases — a unified state information system for collecting, accumulating, and processing information about registered personal data databases;

 

public sources of personal data — directories, address books, registers, lists, catalogs, and other systematized collections of open information that contain personal data placed and published with the knowledge of the data subject. Social networks and internet resources where the data subject leaves their personal data are not considered public sources of personal data (except where the data subject explicitly indicates that the personal data are posted for free dissemination and use);

 

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

 

anonymization 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 in whole or in part in an information (automated) system and/or in card files of personal data, related to the collection, registration, accumulation, storage, adaptation, modification, updating, use and dissemination (distribution, sale, transfer), anonymization, 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 (manager) of the personal data database — a natural or legal person who is granted the right by the controller (owner) of the personal data database or by law to process such data. A person entrusted by the controller and/or processor of the personal data database to perform technical tasks with the database without access to the content of personal data is not a processor;

 

data subject — a natural person with respect to whom, according to the law, the processing of their personal data is carried out;

 

third party — any person, except for the data subject, the controller or processor of the personal data database, and the authorized state body on personal data protection, to whom the controller or processor transfers personal data in accordance with the law;

 

special categories of data — personal data concerning racial or ethnic origin, political, religious or ideological beliefs, membership in political parties and trade unions, as well as data relating to health or sex life.

 

 

1.2.

 

 

This Regulation is mandatory for the responsible person and for the Seller’s employees who directly process and/or have access to personal data in connection with the performance of their official duties.

 

 

 

2. List of Personal Data Databases

 

 

 

2.1.

 

 

The Seller is the controller (owner) of the following personal data databases:

 

  • personal data database 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, the provision, receipt, and settlement of 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 Actions with the Personal Data of the Data Subject

 

 

 

4.1.

 

 

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

 

 

4.2.

 

 

The consent of the data subject may be provided in the following forms:

 

  • a paper document with details that make it possible to identify this document and the natural person;

  • an electronic document that contains the mandatory details that make it possible to identify this document and the natural person. The voluntary expression of will of a natural person to grant permission for the processing of their personal data should preferably be certified by the data subject’s electronic signature;

  • a mark on an electronic page of a document or in an electronic file processed in an information system based on documented software and technical solutions.

 

 

 

4.3.

 

 

The consent of the data subject is provided when formalizing civil-law relations in accordance with applicable legislation.

 

 

4.4.

 

 

Notification of the data subject about the inclusion of their personal data in the personal data database, the rights defined by the Law of Ukraine “On Personal Data Protection,” the purpose of data collection, and the persons to whom their personal data are transferred shall be carried out when formalizing civil-law relations in accordance with applicable legislation.

 

 

4.5.

 

 

Processing of personal data concerning racial or ethnic origin, political, religious or ideological beliefs, membership in political parties and trade unions, as well as data relating to health or sex life (special categories of data) is prohibited.

 

 

 

5. Location of the Personal Data Database

 

 

 

5.1.

 

 

The personal data databases specified in Section 2 of this Regulation are located at the Seller’s address.

 

 

 

6. Conditions for Disclosure of Personal Data to Third Parties

 

 

 

6.1.

 

 

The procedure for third-party access to personal data is determined by the conditions of the data subject’s consent granted to the controller for the processing of such data, or pursuant to the requirements of the law.

 

 

6.2.

 

 

Access to personal data shall not be granted to a third party if such party refuses to assume obligations to ensure compliance with the Law of Ukraine “On Personal Data Protection” or is unable to ensure such compliance.

 

 

6.3.

 

 

A party to relations connected with personal data shall submit a request for access (hereinafter — the “request”) to the controller of the personal data.

 

 

6.4.

 

 

The request shall specify:

 

  • surname, given name and patronymic, place of residence (place of stay) and details of the identity document of the person submitting the request (for a natural person — the applicant);

  • name and registered office of the legal entity submitting the request, position, surname, given 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, given name and patronymic, as well as other information enabling identification of the natural person to whom the request relates;

  • information about the personal data database to which the request relates, or information about the controller or processor of this personal data database;

  • the list of personal data requested;

  • the purpose and/or legal grounds for the request.

 

 

 

6.5.

 

 

The period for reviewing the request to determine whether it will be satisfied may not exceed ten business days from the date of its receipt. Within this period, the controller of the personal data database shall inform the requesting party that the request will be satisfied or that the relevant personal data are not subject to provision, stating the grounds defined in the relevant regulatory 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 personal data of third parties is permitted if the required 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.

 

 

A notice of postponement shall be communicated to the third party that submitted the request in writing, with an explanation of the procedure for appealing such decision.

 

 

6.8.

 

 

The notice of postponement shall indicate:

 

  • surname, given name and patronymic of the official;

  • date the notice was sent;

  • reason for the postponement;

  • the period within which the request will be satisfied.

 

 

 

6.9.

 

 

Refusal of access to personal data is permitted if access to them is prohibited by law.

 

 

6.10.

 

 

The notice of refusal shall indicate:

 

  • surname, given name and patronymic of the official refusing access;

  • date the notice was sent;

  • reason for refusal.

 

 

 

6.11.

 

 

A decision to postpone or refuse access to personal data may be appealed to a court.

 

 

 

7. Protection of Personal Data: Protection Methods, Responsible Person, Employees Who Directly Process and/or Have Access to Personal Data in Connection with the Performance of Their Official Duties, Retention Period for Personal Data

 

 

 

7.1.

 

 

The controller of the personal data database is equipped with system and software-technical means and communication tools that prevent losses, theft, unauthorized destruction, distortion, forgery, or copying of information and meet the requirements of international and national standards.

 

 

7.2.

 

 

The responsible person organizes work related to the protection of personal data during their processing in accordance with the law. The responsible person is appointed by an order of the Controller of the personal data database.

The duties of the responsible person regarding the organization of work related to the protection of personal data during their processing shall be specified in the job description.

 

 

7.3.

 

 

The responsible person shall:

 

  • be knowledgeable about the legislation of Ukraine in the field of personal data protection;

  • develop procedures for employee access to personal data in accordance with their professional, official, or employment duties;

  • ensure that the Controller’s employees comply with the legislation of Ukraine in the field of personal data protection and with internal documents regulating the Controller’s activities concerning the processing and protection of personal data in personal data databases;

  • develop a procedure (process) for internal control over compliance with the legislation of Ukraine in the field of personal data protection and with internal documents regulating the Controller’s activities concerning the processing and protection of personal data in personal data databases, which must, in particular, contain provisions on the frequency of such control;

  • notify the Controller of the personal data database about violations by employees of the requirements of the legislation of Ukraine in the field of personal data protection and of the internal documents regulating the Controller’s activities concerning the processing and protection of personal data in personal data databases, no later than one business day from the moment such violations are detected;

  • ensure the storage of documents confirming the provision by the data subject of consent to the processing of their personal data and the notification of the data subject about their rights.

 

 

 

7.4.

 

 

For the purpose of fulfilling their duties, the responsible person has the right to:

 

  • obtain necessary documents, including orders and other administrative documents issued by the Controller of the personal data database related to the processing of personal data;

  • make copies of received documents, including copies of files and any records stored in local area networks and standalone computer systems;

  • participate in discussions regarding the performance of their duties on organizing work related to the protection of personal data during their processing;

  • submit proposals for improving activities and refining working methods, provide comments and options for eliminating identified deficiencies in the personal data processing;

  • obtain explanations on issues related 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 connection with the performance of their official (employment) duties are obliged to comply with the legislation of Ukraine in the field of personal data protection and with internal documents concerning the processing and protection of personal data in personal data databases.

 

 

7.6.

 

 

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

 

 

7.7.

 

 

Persons who have access to personal data, including those who process them, shall be liable under the legislation of Ukraine for violations of the Law of Ukraine “On Personal Data Protection.”

 

 

7.8.

 

 

Personal data shall not be stored longer than necessary for the purpose for which such data are stored, but in any case no longer than the retention period specified by the data subject’s consent to the processing of such data.

 

 

 

8. Rights of the Data Subject

 

 

 

8.1.

 

 

The data subject has the right to:

 

  • know the location of the personal data database containing their personal data, its purpose and name, the location and/or place of residence (stay) of the controller or processor of this database, or to authorize persons to obtain such information, except as provided by law;

  • obtain information about the conditions of access to personal data, in particular information about third parties to whom their personal data contained in the respective personal data database are transferred;

  • access their personal data contained in the respective personal data database;

  • receive, no later than thirty calendar days from the date of receipt of the request (unless otherwise provided by law), a response as to whether their personal data are stored in the respective personal data database, as well as obtain the content of their personal data being stored;

  • submit a reasoned objection to the processing of their personal data by state authorities and local self-government bodies in the exercise of their powers provided by law;

  • submit a reasoned request for the modification or destruction of their personal data by any controller or processor of this database if such data are processed unlawfully or are inaccurate;

  • 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 defames the honor, dignity, and business reputation of a natural person;

  • apply to state authorities and local self-government bodies empowered to protect personal data for the protection of their rights regarding personal data;

  • use legal remedies in case of violation of the legislation on personal data protection.

 

 

 

 

9. Procedure for Handling Requests of the Data Subject

 

 

 

9.1.

 

 

The data subject has the right to receive any information about themselves from any party to relations related to personal data without specifying the purpose of the request, except as provided by law.

 

 

9.2.

 

 

The data subject’s access to their own data shall be free of charge.

 

 

9.3.

 

 

The data subject shall submit a request for access (hereinafter — the “request”) to personal data to the controller of the personal data database.

 

The request shall specify:

 

  • surname, given name and patronymic, place of residence (place of stay), and details of the identity document of the data subject;

  • other information that makes it possible to identify the data subject;

  • information about the personal data database to which the request relates, or information about the controller or processor of this database;

  • the list of personal data requested.

 

 

 

9.4.

 

 

The period for reviewing the request to determine whether it will be satisfied may not exceed ten business days from the date of its receipt. Within this period, the controller of the personal data database shall inform the data subject that the request will be satisfied or that the relevant personal data are not subject to provision, stating the grounds defined in the relevant regulatory act.

 

 

9.5.

 

 

The request shall be satisfied within thirty calendar days from the date of its receipt, unless otherwise provided by law.

 

 

 

10. State Registration of the Personal Data Database

 

 

 

10.1.

 

 

State registration of personal data databases is carried out in accordance with Article 9 of the Law of Ukraine “On Personal Data Protection.”