Regulation on the processing and protection of personal data in personal data bases owned by the seller
Contents
1. General concepts and scope of application
2. List of personal data bases
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 subject of personal data
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 period of storage of personal data
8. Rights of the subject of personal data
9. The procedure for processing requests from 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 - the so-called set of ordered personal data in electronic form and/or in the form of personal data files;
responsible person — a specific person who organizes work related to the protection of personal data during their processing, in accordance with the law;
the owner of the personal data base - a natural or legal person who is granted the right to process these 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 these data and the procedures for their processing, unless otherwise specified by law;
The State Register of Personal Data Bases is a unified state information system for collecting, storing and processing information on registered personal data bases;
public 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 subject of personal data. Social networks and Internet resources in which the subject of personal data leaves their personal data are not considered publicly available sources of personal data (except for cases when the subject of personal data expressly states that personal data is posted for the purpose of their free distribution and use);
consent of the subject of personal data - any documented, voluntary expression of will of an individual regarding the granting of permission for the processing of his personal data in accordance with the stated purpose of their processing;
depersonalization of personal data — extraction of information allowing 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 personal data files related to the collection, registration, accumulation, storage, adaptation, modification, updating, use and distribution (distribution, implementation, 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;
administrator of the personal data base - a natural or legal person who is granted the right to process these data by the owner of the personal data base or by law. A person who is instructed by the owner and/or administrator 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;
subject of personal data - a natural person in respect of whom, in accordance with the law, processing of his personal data is carried out;
third party - 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 — 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 mandatory for 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 purpose of processing personal data in the system is to ensure the implementation of civil-law relations, the provision, receipt and implementation 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 subject of personal data must be a voluntary expression of the individual's will to grant permission for the processing of his personal data in accordance with the formulated purpose of their processing.
4.2. The consent of the subject of personal data can be provided in the following forms:
- a document on a paper medium with details, allowing to identify this document and the physical person;
- an electronic document containing mandatory requisites that allow identification of this document and a physical person. A natural person's voluntary declaration of consent to the processing of his personal data shall be expediently certified by an electronic signature of the subject of personal data;
- mark on the electronic document page or electronic file processed in the information system based on documented software and technical solutions.
4.3. The consent of the subject of personal data is given when registering civil-law relations in accordance with the current legislation.
4.4. The 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 the Protection of Personal Data", the purpose of data collection and the persons to whom his personal data is transferred, is carried out when forming 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 provisions of the personal data base specified in section 2 of these Terms are available at the address of the seller.
6. Terms of disclosure of information about personal data to third parties
6.1. The procedure for accessing the personal data of third parties is determined by the terms of the consent of the subject of personal data provided to the owner of personal data for the processing of these data or in accordance with the requirements of the law.
6.2. Access to personal data is not granted to a third party if the specified person refuses to undertake the obligation to ensure the fulfillment of the requirements of the Law of Ukraine "On the Protection of Personal Data" or cannot provide them.
6.3. The subject of relations related to personal data submits a request for access (hereinafter - a request) to personal data to the owner of personal data.
6.4. The request specifies:
- surname, name and patronymic, place of residence (place of residence) and details of the document certifying the physical person submitting the request (for the physical person - the 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 legal entity – the applicant)
- last name, first name and patronymic, as well as other information that allows to identify the physical person in respect of whom the request is made;
- information about the personal data base in respect of which the request is submitted, or information about the owner or manager of this personal data base;
- list of requested personal data;
- purpose and/or legal basis upon request.
6.5. The term of examining the request for its satisfaction cannot exceed ten working days from the date of 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 corresponding personal data are not subject to provision, indicating the reason defined in the relevant regulatory legal act. The request is satisfied within thirty calendar days from the day 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. At the same time, the total term for solving the issues raised in the request cannot exceed forty-five calendar days.
6.7. Notification of postponement is brought to the attention of the third party who submitted the request in writing with an explanation of the procedure for appealing such a decision.
6.8. In the notice of postponement, the following are specified:
- surname, first name and patronymic of the official;
- date of sending the message;
- the reason for the postponement;
- the period during which the request will be satisfied.
6.9. Refusal of access to personal data is permitted if access to it is prohibited by law.
6.10. The notification of refusal specifies:
- last name, first name, patronymic of the official denying access;
- date of sending the message;
- reason for refusal.
6.11. The decision to delay or deny access to personal data can be appealed in court.
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 period of storage of personal data
7.1. The owners of the personal data base are equipped with system and software-technical means 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.
The duties of the person responsible 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 sphere of personal data protection;
- develop procedures for access to personal data of employees in accordance with their professional or official or labor duties;
- to ensure compliance by the employees of the Personal Data Base Owner with the requirements of Ukrainian legislation in the field of personal data protection and internal documents regulating the activities of the Personal Data Base Owner on the processing and protection of personal data in personal data bases;
- to develop an order (procedure) of 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 data bases, which, in particular, should contain norms on the frequency of implementation such control;
- notify the owner of the personal data base of 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 the personal data bases no later than one working day from the moment of discovery of such violations ;
- ensure the storage of documents confirming the provision of personal data by the subject of consent to the processing of his personal data and notification of the specified subject about his rights.
7.4. In order to fulfill its obligations, the responsible person has the right to:
- 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 received documents, including copies of files, any records stored in local computer networks and autonomous computer systems;
- to participate in the discussion of the duties performed by the organization of work related to the protection of personal data during their processing;
- submits for consideration proposals to improve activities and improve work methods, present comments and options for eliminating identified deficiencies in the process of personal data processing;
- to receive explanations on the processing of personal data;
- sign and certify 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 (labor) 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 data bases
7.6. Employees who have access to personal data, including those who process it, are obliged not to allow the disclosure of personal data entrusted to them or which became known in connection with the performance of professional or service or labor duties in any way. connections This obligation is effective after they have terminated their activities related to personal data, except in the cases established by law.
7.7. Persons who have access to personal data, including those who process it in violation of the requirements of the Law of Ukraine "On the Protection of Personal Data", are responsible in accordance with the legislation of Ukraine.
7.8. Personal data should not be stored longer than necessary for the purposes for which such data are stored, but in any case not longer than the data storage period determined by the consent of the subject of personal data to the processing of these data.
8. Rights of the subject of personal data
8.1. The subject of personal data has the right:
- to know the location of the personal data base containing his personal data, its purpose and name, location and/or residence (residence) of the owner or manager of this base, or to give the appropriate instructions for obtaining this information to authorized persons, except in cases established by law;
- to receive information about the conditions of granting access to personal data, in particular, information about third parties to whom personal data contained in the relevant personal data base are transferred;
- to access your 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, an answer as to whether his personal data is stored in the relevant personal data base, as well as to receive the content of his stored personal data;
- present a motivated demand with an objection to the processing of their personal data by state authorities, local self-government bodies in the exercise of their powers provided for by law;
- present a motivated demand for the change or destruction of their personal data by any owner and administrator of this database, if these data are processed illegally or are unreliable;
- to protect your personal data from illegal processing and accidental loss, destruction, damage due to intentional concealment, non-presentation or untimely provision of them, as well as protection from the provision of information that is inaccurate or defaming the honor, dignity and business reputation of an individual;
- apply for the protection of their rights regarding personal data to state authorities, local self-government bodies, whose powers include the implementation of personal data protection;
- apply legal remedies in case of violation of the legislation on the protection of personal data.
9. The procedure for processing requests from 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 specifying the purpose of the request, except in cases established by law.
9.2. Access of the subject of personal data to data about himself is carried out free of charge.
9.3. The subject of personal data submits a request for access (hereinafter - a request) to personal data to the owner of the personal data base.
The request specifies:
- surname, name and patronymic, place of residence (place of residence) and details of the document certifying the identity of the subject of personal data;
- other information allowing to identify the person of the subject of personal data;
- information about the database of personal data, in respect of which the request is submitted, or information about the owner or manager of this database;
- list of requested personal data.
9.4. The term of examining the request for its satisfaction cannot exceed ten working days from the date of receipt. During this period, the owner of the personal data base informs the subject of personal data that the request will be satisfied or the corresponding personal data are not subject to provision with the indication of the basis defined in the relevant normative legal act.
9.5. The request is satisfied within thirty calendar days from the day of its receipt, unless otherwise provided by law.
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 "The Protection of Personal Data".