Regulation on the Processing and Protection of Personal Data in Personal Data Databases Owned 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 processing personal data: obtaining consent, notifying about rights, and actions with the personal data of the personal data subject
  5. Location of the personal data database
  6. Terms for disclosure of personal data to third parties
  7. Personal data protection: protection methods, responsible person, employees who directly process and/or have access to personal data in connection with 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 organized personal data in electronic form and/or in the form of personal data filing systems.

Responsible person — a designated individual who organizes work related to the protection of personal data during processing, in accordance with the law.

Owner (controller) of a personal data database — a natural or legal person who, by law or with the consent of the personal data subject, is granted the right to process such data, who approves the purpose of personal data processing in this database, establishes 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, catalogs, and other systematized collections of public information that contain personal data placed and published with the knowledge of the personal data subject.

Social networks and internet resources where a personal data subject leaves their personal data are not considered publicly available sources of personal data (except where the personal data subject explicitly states that personal data is 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 processing.

Depersonalization (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 carried out wholly or partially in an information (automated) system and/or in personal data filing systems related to the collection, registration, accumulation, storage, adaptation, modification, updating, use, and dissemination (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 (administrator) of a personal data database — a natural or legal person who is granted by the owner of the personal data database or by law the right to process such data.

A person tasked by the owner and/or processor to perform technical work with the personal data database without access to the content of 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 owner or processor of the personal data database, and the authorized 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 regarding racial or ethnic origin, political, religious, or philosophical beliefs, membership in political parties and trade unions, as well as data concerning health or sexual life.

1.2. This Regulation is mandatory for 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 owns 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 of services, and settlements 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, notifying about rights, and actions with the personal data of the personal data subject

4.1. 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. Consent of the personal data subject may be provided in the following forms:

  • A paper document containing details that make it possible to identify the document and the individual.
  • An electronic document that contains mandatory details enabling identification of the document and the individual.
  • The voluntary expression of will of an individual to permit processing of their personal data should preferably be certified by the electronic signature of the personal data subject.
  • A mark (check/confirmation) on an electronic page of the document or in an electronic file processed in an information system based on documented software and technical solutions.

4.3. Consent of the personal data subject is provided at the time of establishing civil-law relations in accordance with applicable law.

4.4. Notification of the personal data subject about the inclusion of their personal data in a personal data database, about the rights defined by the Law of Ukraine “On Protection of Personal Data”, about the purpose of data collection, and about persons to whom their personal data is transferred is carried out at the time of establishing civil-law relations in accordance with applicable law.

4.5. Processing of personal data regarding racial or ethnic origin, political, religious, or philosophical beliefs, membership in political parties and trade unions, and data concerning health or sexual 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. Terms for disclosure of personal data to third parties

6.1. The procedure for granting third parties access to personal data is determined by the terms of the personal data subject’s consent granted to the personal data owner/controller for processing such data, or in accordance with legal requirements.

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

6.3. A participant in relations involving personal data submits a request for access (hereinafter — the “request”) to the personal data owner/controller.

6.4. The request must include:

  • Surname, first name and patronymic, place of residence (place of stay), and details of the identity document of the individual submitting the request (for an individual applicant).
  • 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 corresponds to the powers of the legal entity (for a legal-entity applicant).
  • Surname, first name and patronymic, as well as other information that enables identification of the individual to whom the request relates.
  • Information about the personal data database to which the request relates, or information about the owner/controller or processor of that personal data database.
  • The list of personal data being requested.
  • The 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 working days from the date it is received.

Within this period, the owner/controller of the personal data database informs the person submitting the request whether the request will be satisfied or whether the relevant personal data cannot be provided, stating the grounds specified in the relevant legal act.

The request is satisfied within thirty calendar days from the date it is received, unless otherwise provided by law.

6.6. Deferment of access to personal data of third parties is permitted if the required data cannot be provided within thirty calendar days from the date the request is received.

In such a case, the overall period for resolving the issues raised by the request may not exceed forty-five calendar days.

6.7. A notice of deferment is communicated to the third party who submitted the request in writing, with an explanation of how to appeal such a decision.

6.8. The deferment notice must specify:

  • The surname, first name and patronymic of the official.
  • The date the notice is sent.
  • The reason for the deferment.
  • The period within which the request will be satisfied.

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

6.10. The refusal notice must specify:

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

6.11. A decision to defer or refuse 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 their official duties, and the personal data retention period

7.1. The owner/controller of the personal data database is equipped with system and software/technical tools and communication means that prevent loss, theft, unauthorized destruction, distortion, forgery, 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 processing, in accordance with the law.

The responsible person is appointed by an order of the owner/controller of the personal data database.

The duties of the responsible person related to organizing work on personal data protection during 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 according to their professional/official or employment duties.
  • Ensure that employees of the owner/controller comply with Ukrainian personal data protection legislation and internal documents regulating the owner/controller’s activity related to processing and protecting personal data in personal data databases.
  • Develop internal control procedures to ensure compliance with Ukrainian personal data protection legislation and internal documents regulating the owner/controller’s activity related to processing and protecting personal data in personal data databases, including frequency of such controls.
  • Notify the owner/controller of any violations by employees of Ukrainian personal data protection legislation and internal documents regulating processing and protection of personal data in personal data databases, no later than one working day from the moment such violations are discovered.
  • Ensure storage of documents confirming that the personal data subject has given consent to processing of their personal data and that the subject has been notified of 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 owner/controller related to the processing of personal data.
  • Make copies of received documents, including copies of files and any records stored in local networks and standalone computer systems.
  • Participate in discussions related to the performance of their duties in organizing work on personal data protection during processing.
  • Submit proposals for improving activities and methods of work, as well as remarks and options for eliminating identified deficiencies in the process of personal data processing.
  • Receive explanations regarding matters related to personal data processing.
  • Sign and approve documents within the scope of 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 must comply with Ukrainian personal data protection legislation and internal documents regarding 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 personal data in any manner if such data was entrusted to them or became known to them in connection with the performance of professional/official or employment duties.

This obligation remains in force after they cease 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, bear liability under Ukrainian law if they violate the Law of Ukraine “On Protection of Personal Data”.

7.8. Personal data must not be stored longer than necessary for the purpose for which it is stored, and in any case no longer than the data retention period determined by the consent of the personal data subject for processing 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, and the location and/or place of residence (stay) of the owner/controller or processor of such database, or to issue a respective authorization to receive this information to persons authorized by them, except as provided by law.
  • Receive information about the conditions for granting access to personal data, including 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 the request is received (except as 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 that is 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 prescribed by law.
  • Submit a reasoned request to amend or destroy their personal data by any owner/controller or processor of this database if such data is processed unlawfully or is inaccurate.
  • Protect their personal data from 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 from the provision of information that is inaccurate or that discredits the honor, dignity, and business reputation of an individual.
  • Apply to state authorities and local self-government bodies whose powers include personal data protection, regarding protection of their rights related to personal data.
  • Use legal remedies in case of violations 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 participant in relations involving personal data, without stating the purpose of the request, except in cases established by law.

9.2. Access for the personal data subject to data about themselves is provided free of charge.

9.3. The personal data subject submits a request for access (hereinafter — the “request”) to personal data to the owner/controller of the personal data database.

The request must specify:

  • Surname, first name and patronymic, place of residence (place of stay), and details of the identity document of the personal data subject.
  • Other information that enables identification of the personal data subject.
  • Information about the personal data database to which the request relates, or information about the owner/controller or processor of that database.
  • The list of personal data being requested.

9.4. The period for reviewing the request to determine whether it can be satisfied may not exceed ten working days from the date the request is received.

Within this period, the owner/controller of the personal data database informs the personal data subject whether the request will be satisfied or whether the relevant personal data cannot be provided, stating the grounds specified in the relevant legal act.

9.5. The request is satisfied within thirty calendar days from the date it is received, 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 Protection of Personal Data”.