Regulations on the processing and protection of personal data in personal databases owned by the seller

Contents

  • General concepts and scope of application.
  • List of personal databases.
  • Purpose of personal data processing.
  • Procedure for processing personal data: obtaining consent, notification of rights, and actions with personal data of the individual data subject.
  • Location of the personal database.
  • Terms of disclosure of personal data to third parties.
  • Protection of personal data: methods of protection, responsible person, employees who directly process or have access to personal data in connection with the performance of their official duties, and the period of storage of personal data.
  • Rights of the personal data subject.
  • The procedure for handling requests from the personal data subject.
  • State registration of a personal database.

1. General concepts and scope of application.

1.1. Definition of terms:

personal database - a named set of organized personal data in electronic form and the form of individual data files;

Responsible person - a designated person who organizes work related to the protection of personal data during their processing by the law;

Owner of a personal database - an individual or legal entity that is authorized by law or with the consent of the personal data subject to process this data, approves the purpose of processing personal data in this database, establishes the composition of this data, and procedures for its processing, unless otherwise provided by law;

The State Register of Personal Data Databases is the only state information system for collecting, accumulating, and processing information on registered personal data databases;

Publicly available sources of personal data - directories, address books, registers, lists, catalogs, and other systematized collections of open information containing personal data, placed and published with the consent of the individual data subject.

Social networks and Internet resources where the personal data subject leaves their data are not considered to be publicly available sources of personal data (unless the personal data subject expressly states that the personal data is posted for their free distribution and use);

consent of the subject of personal data - any documented, voluntary expression of the individual's will to grant permission to process their data for the stated purpose of their processing;

Depersonalization of personal data means the removal of information that allows one 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 in individual data files related to the collection, registration, accumulation, storage, adaptation, modification, updating, use, and dissemination (distribution, sale, 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;

Personal database manager - an individual or legal entity authorized by the private database owner or by law to process this data.

A person who is entrusted by the owner and manager of the personal database to carry out technical work with the unique database without access to the content of personal data is not a personal data manager;

Personal data subject - an individual in respect of whom the law processes personal data;

Third-party - any person, except for the personal data subject, the owner or manager of the secret database, and the authorized state body for personal data protection, to whom the owner or manager of the private database 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, and 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 or have access to personal data in connection with the performance of their official duties.

2. List of personal databases.

2.1. The Seller is the owner of the following personal databases:

Database of personal data of counterparties.
3. The purpose of processing personal data.

3.1. The purpose of processing personal data in the system is to store and maintain counterparty data by Articles 6 and 7 of the Law of Ukraine "On Personal Data Protection":

3.2. The purpose of processing personal data is to ensure the implementation of civil law relations, provision/receipt, and payment for purchased goods/services by the Tax Code of Ukraine, 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 personal data of the individual data subject.

4.1 The personal data subject's consent must be a voluntary expression of the individual's will to grant permission to process their data for the stated purpose of their processing. The consent of the personal data subject may be provided in the following forms

  • a document in paper form with details that allow identifying this document and the individual;
  • an electronic record must contain mandatory information that would enable the identification of this document and an individual. The voluntary expression of the will of an individual to grant permission to process their data should be certified by an electronic signature of the personal data subject.
  • A mark on the electronic page of a document or in an electronic file processed in the information system based on documented software and hardware solutions.

4.2. The personal data subject's consent is provided during the registration of civil law relations by applicable law.

4.3. Notification of the personal data subject about the inclusion of their data in the private database, the rights defined by the Law of Ukraine "On Personal Data Protection," the purpose of data collection, and the persons to whom their data is transferred is carried out during the registration of civil law relations by the current legislation.

4.4. The processing of personal data on racial or ethnic origin, political, religious, or ideological beliefs, membership in political parties and trade unions, and data related to health or sexual life (special categories of data) is prohibited.

5. Location of the personal database.

5.1. The personal databases specified in section 2 of this Regulation are at the seller's address.

6. Terms of disclosure of personal data to third parties.

6.1. The procedure for access to the personal data of third parties is determined by the terms of the consent of the personal data subject provided to the owner of the private database for the processing of this data or by the requirements of the law.

6.2. Access to personal data shall not be granted to a third party if the person refuses to undertake obligations to ensure compliance with the requirements of the Law of Ukraine "On Personal Data Protection" or cannot provide them.

6.3. The subject of relations related to personal data submits a request for access (from now on - the request) to personal data to the owner of the private database.

6.4. The request shall include:

  • surname, first name and patronymic, place of residence (place of stay), and details of the document certifying the individual submitting the request (for an individual - the applicant)
  • name, location of the legal entity submitting the request, position, surname, title, 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, name, and patronymic, as well as other information that allows to identify the individual in respect of whom the request is made;
  • information about the personal database in respect of which the request is made, or information about the owner or manager of this database;
  • list of personal data requested;
  • the purpose of the request.

6.5. The period for studying the request for its satisfaction may be at most ten working days from the date of its receipt.

Within this period, the owner of the personal database shall inform the person submitting the request that the request will be granted or the relevant personal data shall not be provided, indicating the grounds specified in the applicable regulatory legal act.

Unless otherwise provided by law, the request shall be satisfied within thirty calendar days from its receipt.

6.6. All employees of the owner of the personal database shall be obliged to comply with the confidentiality requirements regarding confidential data and information on securities accounts and securities circulation.

6.7. Deferral of access to personal data of third parties is allowed if the necessary data cannot be provided within thirty calendar days from receipt of the request. In this case, the total period for resolving the issues raised in the request may be, at most, forty-five calendar days.

6.8. The notice of postponement shall be communicated to the third party who submitted the request in writing, explaining the procedure for appealing such a decision.

6.9. The notice of postponement shall include:

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

6.10. Denial of access to personal data is allowed if access to them is prohibited by law.

6.11. The notice of refusal shall include the following:

  • surname, name, patronymic of the official who denies access;
  • date of sending the notification;
  • reason for refusal.

6.12. The decision to postpone or deny access to personal data may be appealed to the authorized state body on personal data protection, other state authorities and local self-government bodies authorized to protect personal data or to the court.

7. Protection of personal data: methods of protection, responsible person, employees who directly process and have access to personal data in connection with the performance of their official duties, and the period of storage of personal data.

7.1. The owner of the personal database is equipped with system, software, hardware, and communication means that prevent loss, theft, unauthorized destruction, distortion, forgery, and copying of information and meet the requirements of international and national standards.

7.2. The responsible person shall organize work related to protecting personal data during their processing by the law. The responsible person is appointed by order of the Personal Data Base Owner.

The responsibilities of the responsible person for organizing work related to protecting 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 field of personal data protection;
  • develop procedures for access to the personal data of employees by their professional or official duties or employment responsibilities;
  • ensure that the employees of the Personal Data Owner comply with the requirements of the legislation of Ukraine in the field of personal data protection and internal documents governing the activities of the Personal Data Owner regarding the processing and protection of personal data in individual databases;
  • develop a procedure (procedure) for 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 Personal Data Base Owner regarding the processing and protection of personal data in individual databases, which, in particular, should contain rules on the frequency of such control;
  • notify the Personal Data Base Owner 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 Personal Data Base Owner regarding the processing and protection of personal data in individual databases within one business day from the date of detection of such violations;
  • ensure the storage of documents confirming that the personal data subject has provided consent to processing their data and notification of the said subject of their rights.

7.4. To fulfill their duties, the responsible person has the right to:

  • Receive the necessary documents, including orders and other administrative documents issued by the Personal Data Base Owner 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 autonomous computer systems;
  • participate in the discussion of their duties of organizing work related to the protection of personal data during their processing;
  • submit proposals for improvement of activities and methods of work; submit comments and options for eliminating identified shortcomings in the process of personal data processing;
  • Receive explanations on issues related to the processing of personal data;
  • to sign and endorse documents within their competence.

7.5. Employees who directly process and 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 individual databases.

7.6. Employees with access to personal data, including those who process it, shall be obliged to prevent disclosure of personal data entrusted to them or which became known concerning the performance of professional or official duties or employment. This obligation shall be valid after they cease to perform 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, in case of violation of the requirements of the Law of Ukraine "On Personal Data Protection" shall be liable by the legislation of Ukraine.

7.8. Personal data shall be stored for at most necessary for the purpose for which such data is stored, but in any case, not longer than the data storage 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 about the location of the personal database containing their data, its purpose and name, location and place of residence (stay) of the owner or manager of this database or give a corresponding order to obtain this information to persons authorized by them, except in cases established by law;
  • receive information on the conditions for granting access to personal data, including information about third parties to whom their data contained in the relevant private database is transferred;
  • to access their data collected in the appropriate unique database;
  • to receive a response on whether their data is stored in the proper personal database no later than thirty calendar days from the date of receipt of the request, except in cases provided for by law, as well as to receive the content of their data that is stored;
  • to submit a reasoned request with an objection to the processing of their data by state authorities, local self-government bodies in the exercise of their powers provided by law;
  • to submit a reasoned request to change or destroy their data by any owner and manager of this database if this data is processed illegally or is unreliable;
  • to protect their data from unlawful processing and accidental loss, destruction, or damage due to intentional concealment, failure to provide, or untimely provision, as well as to protect against the provision of information that is inaccurate or discrediting the honor, dignity, and business reputation of an individual;
  • to apply for protection of their rights regarding personal data to state authorities and local self-government bodies authorized to protect personal data;
  • apply for legal remedies in case of violation of the legislation on personal data protection.

9. Procedure for handling requests from the personal data subject.

9.1. The personal data subject has the right to receive any information about themself from any issue of relations related to personal data without specifying the purpose of the request, except in cases established by law.

9.2. The personal data subject's access to data about themself is free of charge.

9.3. The personal data subject submits a request for access (from now on - the request) to personal data to the owner of the private database.

The request shall include

  • surname, name and patronymic, place of residence (place of stay), and details of the personal data subject's identity document
  • other information allowing to identify the individual data subject;
  • information about the private database in respect of which the request is made, or information about the owner or manager of this database;
  • list of personal data requested.

9.4. The term for studying the request for its satisfaction may not exceed ten working days from the date of its receipt.

9.5. During this period, the owner of the personal database shall inform the personal data subject that the request will be satisfied, or the relevant personal data shall not be provided, indicating the grounds specified in the applicable regulatory legal act.

9.6. The request shall be satisfied within thirty calendar days of receipt unless otherwise provided by law.

10. State registration of the personal database.

10.1. State registration of personal databases is carried out by Article 9 of the Law of Ukraine, "On Personal Data Protection."