Regulations on the processing and protection of personal data in personal databases owned by the seller
Content
- General concepts and scope
- List of personal databases
- The purpose of personal data processing
- Procedure for processing personal data: obtaining consent, notification of rights and actions with personal data of the personal data subject
- Location of the personal database
- Terms of disclosure of personal data to third person
- 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, period of storage of personal data
- Rights of the personal data subject
- Procedure for working with personal data subject's requests
- State registration of personal database
1. General concepts and scope
1.1. Definition of terms:
personal data base - a named set of organized personal data in electronic form and / or in the form of personal data files;
responsible person - a designated 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 by law or with the consent of the personal data subject has the right to process this data, who approves the purpose of personal data processing in this database, establishes the composition of these data and procedures for their processing, unless otherwise determined by law;
State Register of Personal Databases - the only state information system for collecting, accumulating and processing information about registered personal databases;
publicly available sources of personal data - directories, address books, registers, lists, catalogs, other systematic collections of open information that contain personal data posted and published with the knowledge of the personal data subject. Social networks and Internet resources in which the personal data subject leaves his personal data are not considered publicly available sources of personal data (except for cases when the personal data subject explicitly 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 the will of an individual to grant permission for the processing of his personal data in accordance with the stated purpose of their processing;
depersonalization of personal data - removal of information that allows to identify a person;
personal data processing - any action or set of actions performed in whole or in part in the information (automated) system and / or in personal data files, which are related to the collection, registration, accumulation, storage, adaptation, change, renewal, use and dissemination (dissemination, 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 data controller - a natural or legal person who has the right to process this data by the owner of the personal data base or by law. A person who is entrusted by the owner and / or administrator of a personal database with technical work with a personal database without access to the content of personal data is not the administrator of the personal data base;
personal data subject - a natural person in respect of whom, in accordance with the law, his personal data is processed;
third person - any person, except for the personal data subject, owner or administrator of the personal data base and the authorized state body for personal data protection, to whom the owner or administrator 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 binding on 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 duties.
2. List of personal databases
2.1. The seller owns the following personal databases:
- database of personal data of contractors.
3. The purpose of personal data processing
3.1. The purpose of personal data processing in the system is to ensure the implementation of civil relations, providing, receiving and making 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. Procedure for processing personal data: obtaining consent, notification of rights and actions with personal data of the personal data subject
4.1. The consent of the personal data subject must be a voluntary expression of the will of the individual to grant permission for the processing of his personal data in accordance with the stated purpose of their processing.
4.2. The consent of the personal data subject may be given in the following forms:
- a paper document with details, which allows to identify this document and an individual;
- an electronic document, which must contain mandatory details that allow you to identify this document and the individual. Voluntary expression of will of an individual to grant permission for the processing of his personal data should be certified by the electronic signature of the personal data subject;
- mark on the electronic page of the document or in the electronic file processed in the information system on the basis of documented software and hardware solutions.
4.3. The consent of the personal data subject is given during the registration of civil relations in accordance with applicable law.
4.4. Notification of the personal data subject about the inclusion of his personal data in the personal data base, the rights defined by the Law of Ukraine "On Personal Data Protection", the purpose of data collection and persons to whom his personal data is transferred is carried out during registration legislation.
4.5. The 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 relating to health or sexual life (special categories of data) is prohibited.
5. Location of the personal database
5.1. The databases specified in section 2 of this Regulation are located at the seller's address.
6. Terms of disclosure of personal data to third person
6.1. The procedure for access to personal data of third person is determined by the conditions of consent of the personal data subject provided to the owner of personal data for the processing of such 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 said person refuses to undertake to ensure compliance with the requirements of the Law of Ukraine "On Personal Data Protection" or is unable to provide them.
6.3. The subject of relations related to personal data submits a request for access (hereinafter - the request) to personal data to the owner of personal data.
6.4. The request states:
- last name, first name and patronymic, place of residence (location) and details of the document certifying the individual who submits the request (for a natural 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 powers 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 natural person in respect of whom the request is made;
- information on the personal data base in respect of which the request is submitted, or information on the owner or administrator of this personal data base;
- list of personal data requested;
- purpose and / or legal basis for the request.
6.5. The term for studying the request for its satisfaction may not exceed ten working days from the date of its receipt. During this period, the owner of the personal data base notifies the person submitting the request that the request will be satisfied or the relevant personal data are not subject to provision, indicating the grounds specified in the relevant legal act. The request shall be satisfied within thirty calendar days from the date of its receipt, unless otherwise provided by law.
6.6. Deferment 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. In this case, the total term for resolving the issues raised in the request may not exceed forty-five calendar days.
6.7. The notice of postponement shall be notified to the third person who submitted the request in writing, explaining the procedure for appealing against such a decision.
6.8. The notice of deferral shall state:
- last name, first name and patronymic of the official;
- date of sending the message;
- reason for postponement;
- 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 notice of refusal shall state:
- last name, first name, patronymic of the official who refuses access;
- date of sending the message;
- reason for refusal.
6.11. The decision to postpone or deny access to personal data may 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, period of storage of personal data
7.1. The owners of the personal data base are equipped with system and software and hardware 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 responsibilities of the responsible person 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 field of personal data protection;
- develop procedures for accessing personal data of employees in accordance with their professional or official or work responsibilities;
- to ensure compliance with the requirements of the legislation of Ukraine in the field of personal data protection and internal documents governing the activities of the Owner of the personal data base regarding the processing and protection of personal data in personal databases;
- develop a procedure (procedure) for internal control over compliance with the legislation of Ukraine in the field of personal data protection and internal documents governing the activities of the Owner of personal data processing and protection of personal data in personal databases, 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 legislation of Ukraine in the field of personal data protection and internal documents governing the activities of the Personal Database Owner regarding processing and protection of personal data in personal databases within one working day of such violations ;
- ensure the storage of documents confirming that the subject of personal data has given consent to the processing of his personal data and the notification of the specified subject about his rights.
7.4. In order to perform his duties, the responsible person has the right to:
- receive the necessary documents, including orders and other administrative documents issued by the Owner of the personal database related to the processing of personal data;
- make copies of the documents received, including copies of files, any records stored on local area networks and stand-alone computer systems;
- participate in the discussion of his responsibilities for the organization of work related to the protection of personal data during their processing;
- make proposals for the improvement of activities and improvement of working methods, submit comments and options for eliminating the identified shortcomings in the process of personal data processing;
- receive explanations on the implementation of personal data processing;
- sign and endorse documents within its 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 required 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 databases.
7.6. Employees who have access to personal data, including those who process it, are obliged to prevent the disclosure in any way of personal data entrusted to them or which became known in connection with the performance of professional or official or employment duties. languages. This obligation is valid after the termination of their activities related to personal data, except as provided by law.
7.7. Persons who have access to personal data, including, process them in case they violate the requirements of the Law of Ukraine "On Personal Data Protection" are liable under the laws of Ukraine.
7.8. Personal data should not be stored longer than necessary for the purpose for which such data are stored, but in any case not longer than the period of data storage 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 data base containing its personal data, its purpose and name, location and / or place of residence (stay) of the owner or administrator of this database or give a corresponding order to obtain this information to authorized persons, except as provided by law;
- receive information on the conditions for granting access to personal data, in particular information on third parties to whom his personal data contained in the relevant personal data base are transferred;
- to access their personal data contained in the relevant personal database;
- receive no later than thirty calendar days from the date of receipt of the request, except as provided by law, an answer as to whether his personal data is stored in the relevant personal database, as well as receive the content of his personal data stored;
- make a reasoned request with an objection to the processing of their personal data by public authorities, local governments in the exercise of their powers under the law;
- make a reasoned request to change or destroy their personal data by any owner and administrator of this database, if this data is processed illegally or is inaccurate;
- to protect their personal data from unlawful processing and accidental loss, destruction, damage due to intentional concealment, non-provision or late provision, as well as to protect against the provision of information that is inaccurate or discredits the honor, dignity and business reputation of an individual ;
- to apply for protection of their rights to personal data to public authorities, local governments, whose powers include the protection of personal data;
- apply legal remedies in case of violation of the legislation on personal data protection.
9. Procedure for working with personal data subject requests
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 as provided by law.
9.2. The subject of personal data has access to data about himself free of charge.
9.3. The personal data subject submits a request for access (hereinafter - the request) to personal data to the owner of the personal data base.
The request states:
- last name, first name and patronymic, place of residence (location) and details of the identity document of the personal data subject;
- other information that allows to identify the subject of personal data;
- information on the personal data base in respect of which the request is submitted, or information on the owner or administrator 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. During this period, the owner of the personal data base notifies the personal data subject that the request will be satisfied or the relevant personal data are not subject to provision, indicating the grounds specified in the relevant 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 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".