Regulations on processing and protection of personal data
Content
1. General concepts and scope.
2. List of personal databases.
3. The purpose of personal data processing.
4. Procedure for processing personal data: obtaining consent, notification of rights and actions with personal data of the personal data subject.
6. Location of the personal database.
7. Terms of disclosure of personal data to third parties.
8. 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.
9. Rights of the personal data subject.
10. Procedure for working with requests of the subject of personal data.
11. State registration of personal data base.
1. General concepts and scope.
1.1. Definition of terms:
personal database - 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 the personal database - natural or legal person who is granted the right to process this data by law or with the consent of the personal data subject, who approves the purpose of personal data processing in this database, establishes the composition of these data and procedures for their processing, unless otherwise provided 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 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 to process 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 an information (automated) system and / or in personal data files related to the collection, registration, accumulation, storage, adaptation, modification, renewal, use and dissemination , 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;
personal database manager - a natural or legal person to whom the owner of a personal data base or the law has the right to process such data.
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 administrator of the personal data base;
personal data subject - a natural person in respect of whom his / her personal data is processed in accordance with the law;
third person - any person, except for the subject of personal data, owner or administrator of the personal database and the authorized state body for personal data protection, to whom the owner or administrator of the personal database transfers personal data in accordance with the law;
special data categories - personal data on racial or ethnic origin, political, religious or ideological beliefs, membership in political parties and trade unions, and data relating to health or sexual life.
1.2. This Regulation is mandatory seller or 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 contractors.
3. The purpose of personal data processing.
3.1. The purpose of personal data processing in the system is storage and maintenance of data of contractors, in accordance with Articles 6, 7 of the Law of Ukraine "On Personal Data Protection":
3.2. The purpose of personal data processing is to ensure the implementation of civil relations, providing / receiving and making payments for purchased goods / 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. 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 an electronic signature of the subject of personal data.
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.
4.2. The consent of the subject of personal data is given during the registration of civil relations in accordance with applicable law.
4.3. 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.
4.4. 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 the personal data base 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 the personal data base.
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 database;
list of personal data requested;
the purpose of 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 database 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. All employees of the owner of the personal database are obliged to comply with the requirements of confidentiality of personal data and information on securities accounts and securities circulation.
6.7. 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.
6.8. The notice of postponement shall be notified to the third party who submitted the request in writing with an explanation of the procedure for appealing such a decision.
6.9. 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.
6.10. Denial of access to personal data is allowed if access to them is prohibited by law.
6.11. 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.
6.12. The decision to postpone or deny access to personal data may be appealed to the authorized state body for personal data protection, other public authorities and local governments, whose powers include the protection of personal data, or to the 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 database 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 database.
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 access to personal data of employees in accordance with their professional or official or labor 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, in particular, should contain 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 Owner of personal data base on personal data processing and protection in personal databases ;
to ensure the storage of documents confirming the granting 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 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 the received documents, including copies of files, any records stored in local area networks and autonomous 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. Such an obligation shall apply 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 kept longer than necessary for the purpose for which such data are stored, but in any case not longer than the period of data retention determined by the consent of the personal data subject to the processing of such data.
8. Rights of the subject of personal data.
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 are stored in the relevant personal database, as well as receive the contents 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 state 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 subject of personal data.
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 subject of personal data submits a request for access (hereinafter - the request) to personal data to the owner of the personal database.
The request states:
last name, first name and patronymic, place of residence (location) and details of the identity document of the subject of personal data;
other information that allows to identify the identity of the personal data subject;
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.
9.5. During this period, the owner of the personal data database 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.
9.6. 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".