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

 

Contents

  1. General terms and scope of application
  2. List of personal data databases
  3. Purpose of personal data processing
  4. Procedure for personal data processing: obtaining consent, notification of rights, and actions involving the personal data of the personal data subject
  5. Location of the personal data database
  6. Conditions for disclosing personal data to third parties
  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, personal data 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 Terms and Scope of Application

1.1. Definitions of terms:

personal data database — a named set of structured personal data in electronic form and/or in the form of personal data filing systems;

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

controller of the personal data database — an individual or legal entity that, by law or with the consent of the personal data subject, has been granted the right to process such data, approves the purpose of personal data processing in this database, determines the composition of such data and the procedures for its 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;

publicly available sources of personal data — directories, address books, registers, lists, catalogues, and other structured collections of open information containing personal data placed and published with the knowledge of the personal data subject. Social networks and Internet resources where personal data subjects leave their personal data are not considered publicly available sources of personal data, except in cases where the personal data subject has expressly indicated that the personal data was posted for the purpose of free distribution and use;

consent of the personal data subject — any documented, voluntary expression of will by an individual granting permission for the processing of their personal data in accordance with the stated purpose of such processing;

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

personal data processing — any action or set of actions carried out fully or partially in an information automated system and/or in personal data filing systems, related to the collection, registration, accumulation, storage, adaptation, alteration, renewal, use, and dissemination, including distribution, sale, transfer, depersonalization, and 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;

processor of the personal data database — an individual or legal entity that has been granted the right by the controller 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 work with the personal data database without access to the content of the personal data is not considered a processor of the personal data database;

personal data subject — an individual whose personal data is processed in accordance with the law;

third party — any person other than the personal data subject, the controller or processor of the personal data database, and the authorized state body for personal data protection, to whom personal data is transferred by the controller or processor of the personal data database in accordance with the law;

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

1.2. This Regulation is mandatory for application by the responsible person and 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 owner of the following personal data databases:

  • personal data database of counterparties.

 

3. Purpose of Personal Data Processing

3.1. The purpose of personal data processing 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 Personal Data Processing: Obtaining Consent, Notification of Rights, and Actions Involving the Personal Data of the Personal Data Subject

4.1. The consent of the personal data subject must be a voluntary expression of will by an individual granting permission for the processing of their personal data in accordance with the stated purpose of such processing.

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

  • a paper document with details that make it possible to identify this document and the individual;
  • an electronic document that must contain mandatory details enabling identification of this document and the individual. It is advisable to certify the voluntary expression of will of an individual granting permission for the processing of their personal data 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 technical solutions.

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

4.4. Notification of the personal 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 is transferred is carried out during the establishment of civil law relations in accordance with current legislation.

4.5. The processing of personal data concerning racial or ethnic origin, political, religious, or philosophical beliefs, membership in political parties and trade unions, as well as 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 specified in Section 2 of this Regulation are located at the Seller’s address.

 

6. Conditions for Disclosing Personal Data to Third Parties

6.1. The procedure for third-party access to personal data is determined by the terms of the consent of the personal data subject provided to the personal data controller for the processing of such data, or in accordance with the requirements of the law.

6.2. Access to personal data shall not be granted to a third party if such person refuses to undertake obligations to ensure compliance with the requirements of the Law of Ukraine «On Personal Data Protection» or is unable to ensure such compliance.

6.3. A subject of relations related to personal data submits a request for access, hereinafter referred to as the request, to personal data to the personal data controller.

6.4. The request shall indicate:

  • surname, first name and patronymic, place of residence or stay, and details of the document identifying the individual submitting the request, for an individual applicant;
  • name and location of the legal entity submitting the request, position, surname, first 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, first name and patronymic, as well as other information that makes it possible to identify the individual in respect of whom the request is made;
  • information about the personal data database in respect of which the request is submitted, or information about the controller or processor of this personal data database;
  • list of personal data requested;
  • purpose and/or legal grounds for the request.

6.5. The period for reviewing the request to determine whether it can 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 person submitting the request whether the request will be satisfied or whether the relevant personal data is not subject to provision, indicating the grounds specified in the relevant regulatory legal act. The request shall be satisfied within thirty calendar days from the date of its receipt, unless otherwise provided by law.

6.6. Deferral of access to third-party personal data 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. Notice of deferral 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 deferral shall indicate:

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

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

6.10. The notice of refusal shall indicate:

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

6.11. A decision to defer or refuse access to personal data may be appealed in 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, Personal Data Retention Period

7.1. The controller of the personal data database is equipped with system, software, technical, and communication tools that prevent loss, theft, unauthorized destruction, distortion, falsification, and copying of information and comply with international and national standards.

7.2. The responsible person organizes work related to the protection of personal data during its 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 its 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 employees’ access to personal data in accordance with their professional, official, or employment duties;
  • ensure that employees of the controller of the personal data database comply with the requirements of Ukrainian legislation in the field of personal data protection and internal documents regulating the activities of the controller of the personal data database regarding the processing and protection of personal data in personal data databases;
  • develop a procedure for internal control over compliance with the requirements of Ukrainian legislation in the field of personal data protection and internal documents regulating the activities of the controller of the personal data database regarding the processing and protection of personal data in personal data databases, which, in particular, must include provisions on the frequency of such control;
  • notify the controller of the personal data database of any facts of violations by employees of the requirements of Ukrainian legislation in the field of personal data protection and internal documents regulating the activities of the controller of the personal data database regarding 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 that the personal data subject has given consent to the processing of their personal data and has been notified of their rights.

7.4. In order to perform their duties, the responsible person has the right to:

  • receive the 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 the received documents, including copies of files and any records stored in local computer networks and standalone computer systems;
  • participate in discussions regarding the performance of their duties related to the organization of work concerning the protection of personal data during its processing;
  • submit proposals for improving activities and working methods, as well as comments and options for eliminating identified shortcomings in the process of personal data processing;
  • receive explanations on issues related to personal data processing;
  • sign and approve 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 Ukrainian legislation in the field of personal data protection and internal documents regarding 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, are obliged not to disclose in any way the personal data entrusted to them or which became known to them in connection with the performance of their professional, official, or employment duties. This obligation remains 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 it, shall be liable in accordance with the legislation of Ukraine in the event of violation of the requirements 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 such data is stored, but in any case no longer than the data retention 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 personal 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 or stay of the controller or processor of this database, or authorize persons empowered by them to receive this information, except in cases established by law;
  • receive information about the conditions for granting access to personal data, in particular information about third parties to whom their personal data contained in the relevant personal data database is transferred;
  • access their personal data contained in the relevant personal data database;
  • receive, no later than thirty calendar days from the date of receipt of the request, except in cases provided by law, a response as to whether their personal data is stored in the relevant personal data database, and also receive the content of their personal data being stored;
  • submit a reasoned demand objecting to the processing of their personal data by state authorities or local self-government bodies in the exercise of their powers provided by law;
  • submit a reasoned demand for the alteration or destruction of their personal data by any controller or processor of this database if such data is processed unlawfully or is inaccurate;
  • protect their personal data against unlawful processing and accidental loss, destruction, or damage due to intentional concealment, failure to provide, or untimely provision of such data, as well as protection against the provision of information that is inaccurate or damages the honor, dignity, and business reputation of an individual;
  • apply to state authorities and local self-government bodies authorized to protect personal data regarding the protection of their rights concerning personal data;
  • use legal remedies in the event of violation 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 receive any information about themselves 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 by the personal data subject to data about themselves is free of charge.

9.3. The personal data subject submits a request for access, hereinafter referred to as the request, to personal data to the controller of the personal data database.

The request shall indicate:

  • surname, first name and patronymic, place of residence or stay, and details of the document identifying the personal data subject;
  • other information that makes it possible to identify the personal data subject;
  • information about the personal data database in respect of which the request is submitted, or information about the controller or processor of this database;
  • list of personal data requested.

9.4. The period for reviewing the request to determine whether it can 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 personal data subject whether the request will be satisfied or whether the relevant personal data is not subject to provision, indicating the grounds specified in the relevant regulatory legal 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».