Regulations on the processing and protection of personal data in personal databases owned by the seller
Content
- General concepts and scope
- List of personal data base
- The purpose of personal data processing
- Procedure for processing personal data: obtaining consent, rights and actions with personal data of personal data subjects
- Location of the personal database
- Terms of disclosure of personal data to third parties
- Protection of personal data: methods of protection, relevant persons, employees responsible for the processing and / or 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 requests from personal data subjects
- State registration of personal database
1. General concepts and scope
1.1. Definition of terms:
- named database of personal data of ordered personal data in electronic form and / or in the form of card data;
responsible person - a designated person who organizes work related to the protection of personal data during their processing, in accordance with the law;
owns a personal data base - a natural or legal person, according to which the law or the relevant subjects of personal data submitted for processing, which confirms the processing of personal data in databases, contains these data and procedures for their processing, unless otherwise provided by law ;
State Register of Personal Data - the only state information system for collecting, collecting and processing information about registered personal data bases;
publicly available sources of personal data - directories, address books, registers, lists, catalogs, other systematic collections of open information that have personal data, posted and published by known personal data subjects. Social networks and Internet resources are not considered to be publicly available sources of personal data, all personal data subjects leave their personal data (except for cases when the personal data subject explicitly states that personal data is placed for their free distribution and use);
consent of the personal data subject - any documented, voluntary expression of the will of an individual to grant permission for the processing of personal data in accordance with the stated purpose of their processing;
non-personal personal data - obtaining information that can be identified;
processing of personal data - any action or set of actions performed in whole or in part in information (automated) systems and / or personal data files related to the collection, registration, accumulation, storage, adaptation, change, update, 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 owns a personal data base or has the right to process such data by law. the person is not a personal data base, the relevant owner and / or administrator of the personal data base is instructed to work with the technical nature of the personal data base without access to the content of personal data;
personal data subject - a natural person who is responsible in accordance with the law for the need to process his personal data;
third party - a person, except for the personal data subject, owns or manages the personal data base and the authorized state body for personal data protection, to which the owner or administrator of the personal data base transfers any personal data in accordance with the law;
feature - personal data on pink or ethnic origin, political, religious or world beliefs, membership in political parties and trade unions, as well as data related to health or sexual life.
1.2. This Statement of Responsibilities applies to the relevant person and employees who use the processing 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 owns the following personal databases:
- 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 personal data subjects
4.1. The consent of the data subject must be before by expressing the will of an 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 document on paper with details, which allows to identify this document and the individual;
an electronic document, which must contain the obligatory details that allow 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 are transferred during the registration of civil relations 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 related to health or sexual life (special categories of data) is prohibited.
5. Location of the personal database
5.1. The personal data bases specified in section 2 of this Regulation are located at the seller's address.
6. Terms of disclosure of personal data to third parties
6.1. The procedure for access to personal data of third parties 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 natural person submitting the request (for the 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 made, 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 informs 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 can not 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 party 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 challenged 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 owner of the personal database is equipped with system and software and hardware and security
both links 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 database.
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 on the processing and protection of personal data in personal data bases;
- 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 on processing and protection of personal data in personal databases, which should include rules on the frequency of such control;
- to inform 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 governing the activities of the Personal Database Owner on personal data processing and protection in personal databases ;
- ensure the storage of documents confirming the personal data subject's consent to the processing of his / her personal data and the notification of the specified subject about his / her 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 data base related to the processing of personal data;
- make copies of received documents, 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;
- to make proposals for the improvement of activities and improvement of working methods, to submit comments and options for eliminating the identified shortcomings in the process of personal data processing;
- receive explanations on the issues 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 them, 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 shall 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 storage of data 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 database 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 rhyme 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, failure to provide or untimely provision, as well as to protect against the provision of information that is inaccurate or tarnishes the honor, dignity and business reputation of an individual ;
- to apply for protection of their personal data rights 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 requests of the personal data subject
9.1. The subject of personal data has the right to obtain 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 personal data 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 made, 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 informs 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".