Regulations on the processing and protection of personal data in personal data databases owned by the seller
Content
- General concepts and scope
- 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 subject of personal data
- Personal database location
- Terms of disclosure of information about personal data to third parties
- Protection of personal data: methods of protection, responsible person, employees directly processing and / or having access to personal data in connection with the performance of their official duties, the period of storage of personal data
- Rights of the subject of personal data
- Procedure for handling personal data subject requests
- State registration of personal data base
1. General concepts and scope
1.1. Definition of terms:
personal data base — referred to as a set of ordered personal data in electronic form and / or in the form of personal data files;
responsible person — a certain person who organizes work related to the protection of personal data during their processing, in accordance with the law;
owner of personal data base — a natural or legal person who is granted the right to process this data by law or by consent of the subject of personal data, who approves the purpose of processing personal data in this database, establishes the composition of this data and the procedures for their processing, unless otherwise ;determined by law;
State Register of Personal Data Bases — unified state information system for collecting, accumulating and processing information about registered databases of personal data;
publicly accessible sources of personal data — directories, address books, registers, lists, directories, other systematized collections of open information containing personal data posted and published from a well-known 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 when the subject of personal data expressly states that personal data is posted with free distribution and use);
consent of the subject of personal data — any documented, voluntary will of an individual regarding the granting of permission to process his personal data in accordance with the formulated purpose of their processing;
depersonalization of personal data — extracting information that allows you 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 collection, registration, accumulation, storage, adaptation, modification, updating, use and distribution (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;
manager of the personal data base — natural or legal person who is granted the right to process this data by the owner of the personal data base or by law. The person who is entrusted by the owner and / or manager 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 — an individual in respect of whom, in accordance with the law, the 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, which owned or the manager of the personal data base transfers personal data according to law;
special categories of data — personal data about racial or ethnic origin, political, religious or ideological beliefs, membership in political parties and trade unions, as well as data relating to healthy self or sexual life.
1.2. This Regulation is requiredonly for use by 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 databases
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 Finance"; Ukraine».
4. The procedure for processing personal data: obtaining consent, notification of the 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 will of an individual regarding the granting of permission to process 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:
- document on paper carrier with details allowing to identify this document and an individual;
- an electronic document that must contain mandatory details that allow you to identify this document and an individual. It is advisable to certify the voluntary will of an individual regarding the granting of permission to process his personal data with an electronic signature of the subject of personal data;
- a mark on the electronic page of a document or an electronic file that is processed in an information system based on documented software and hardware solutions.
4.3. The consent of the subject of personal data is provided when registering civil law relations in accordance with applicable law.
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 collecting data and persons to whom his personal data is transferred is carried out when registering civil law relations in accordance with applicable law .
4.5. Processing of personal data relating to racial or ethnic origin, political, religious or philosophical beliefs, membership in political parties and trade unions, as well as data relating to health or sexual life (special categories. >
5. Location of personal data base
5.1. The personal data bases specified in section 2 of this Regulation are located at the address of the seller.
6. Terms of disclosure of information about personal data to third parties
6.1. The procedure for accessing 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 this data, or in accordance with the requirements of the law.
6.2. Access to personal data to a third party is not provided if the specified person refuses to assume obligations to ensure compliance with 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 referred to as a request) to personal data to the owner of personal data.
6.4. The request specifies:
- last name, first name and patronymic, place of residence (place of stay) and details of the document certifying the individual submitting the request (for an individual applicant);
- name, location of the legal entity submitting the request, position, surname, name and father, certifying the request; confirmation that the content of the request complies with the authority of the legal entity (for the legal entity of the applicant);
- last name, first name and patronymic, as well as other information that allows you to identify the individual in respect of whom the request is made;
- information about the personal data base in respect of which the request is made, or information about the owner or manager of this personal data base;
- list of personal data requested;
- Purpose and/or legal grounds for the request.
6.5. The term for studying the request for its satisfaction cannot exceed ten working days from the date of its receipt. During this period, the owner of the personal data base informs the known person who submits the request that the request will be satisfied or the relevant personal data will not be provided, indicating the basis determined in accordance withcurrent regulatory legal act. The request is 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 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 time for resolving the issues raised in the request cannot exceed forty-five calendar days.
6.7. The notice of the postponement is communicated to the third person who submitted the request in writing, explaining the procedure for appealing such a decision.
6.8. The deferment message states:
- surname, name and father of the official;
- date the message was sent;
- reason for delay;
- The period during which the request will be satisfied.
6.9. Denial of access to personal data is allowed if access to them is prohibited by law.
6.10. The rejection message states:
- last name, first name, patronymic of the official denying access;
- date the message was sent;
- reason for rejection.
6.11. The decision to postpone or refuse access to personal data can be appealed to the court.
7. Protection of personal data: methods of protection, responsible person, employees directly processing and / or having 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 database are equipped with system and software and hardware and communication tools that prevent loss, theft, unauthorized destruction, distortion, forgery, copying of information and comply with international and international requirements
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 responsible person for organizing work related to the protection of personal data during their processing are indicated in the job description.
7.3. The responsible person is obliged to:
- to know the legislation of Ukraine in the field of personal data protection;
- develop procedures for accessing personal data of employees in accordance with their professional or official or labor duties;
- ensure that employees of the owner of the personal data base comply 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 for the processing and protection of personal data in personal data bases;
- to 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 owner of the personal data base for the processing and protection of personal data in personal data bases, which, in particular, should contain rules on the frequency of such control;
- notify the owner of the personal data base about 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 personal data bases in the personal data base. ;Later than one working day from the date of detection of such violations;
- ensure the storage of documents confirming the consent of the subject of personal data to the processing of their personal data and notification of the specified subject of his rights.
7.4. In order to fulfill their obligations, the responsible person has the right:
- 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, of any records stored in local area networks and autonomous computer systems;
- participate in the discussion of the obligations of the organization of work related to the protection of personal data during their processing;
- submit proposals for improvement of activities and improvement of working methods, submit comments and options for eliminating identified shortcomings in the process of processing personal data;
- to receive explanations on 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 (labor) duties aboutare obliged to comply with the requirements of the legislation of Ukraine in the field of personal data protection and internal documents, regarding 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 disclose in any way the personal data that they were entrusted with or became aware of. with the performance of professional or official or labor duties. Such an obligation is valid after the termination of their activities related to personal data, except in cases established by law.
7.7. Persons having access to personal data, including processing them in case they violate the requirements of the Law of Ukraine "On the Protection of Personal Data"; bear responsibility in accordance with the legislation of Ukraine.
7.8. Personal data should not be stored longer than is 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 this data. ;
8. Rights of the subject of personal data
8.1. The subject of personal data has the right:
- to know about the location of the personal data base containing his personal data, its purpose and name, location and / or place of residence (location) of the owner or manager of this database or give an appropriate instruction to obtain this information to persons authorized by him, except in cases established by law ;
- to receive information about the conditions for granting access to personal data, in particular information about third parties to whom his personal data contained in the relevant personal data database is transferred;
- to access their personal data contained in the respective personal data base;
- to receive no later than thirty calendar days from the date of receipt of the request, except as otherwise provided by law, an answer on whether his personal data is stored in the relevant personal data database, and also contain his personal data stored;
- submit a reasoned demand with an objection to the processing of their personal data by public authorities, local governments in the exercise of their powers provided for by law;
- submit a reasoned demand to change or destroy your personal data by any owner and manager of this database, if this data is processed illegally or is unreliable;
- to protect your personal data from unlawful processing and accidental loss, destruction, damage due to deliberate concealment, failure to provide or untimely provision of them, as well as provision, as well as provision, as well as provision, as well as provision, as well as provision, as well as the provision, as well as the provision, also that are inaccurate or discrediting the honor, dignity and business reputation of an individual;
- to deal with the protection of their rights regarding personal data to state authorities, local governments, whose powers include the protection of personal data;
- apply remedies for breaches of privacy laws.
9. The procedure for working with 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. The access of the subject of personal data to data about himself is free of charge.
9.3. The subject of personal data submits a request for access (hereinafter — request) to personal data to the owner of the personal data base.
The request specifies:
- last name, first name and patronymic, place of residence (place of transfer) and details of the identity document of the subject of personal data;
- other information allowing to identify the personality of the subject of personal data;
- information about the database of personal data in respect of which the request is made, or information about the owner or manager of this database;
- list of requested personal data.
9.4. The term for studying the request for its satisfaction cannot exceed ten working days from the date of its receipt. During this period, the owner of the personal data base informs the known personal data subject that the request will be satisfied or the relevant personal data is not to be provided, indicating the grounds specified in the relevant regulatory legal act.
9.5. The request is satisfied within thirty calendar days from the date of its receipt, unless otherwise provided by law.
10. State registration of personal data base
10.1. State registration of personal data bases is carried out in accordance with Article 9 of the Law of Ukraine "On Personal Data Protection" ;