Provisions on the Processing and Protection of Personal Data in Personal Data Databases Owned by the Seller

Contents

  1. General Concepts and Scope of Application

  2. List of Personal Data Databases

  3. Purpose of Personal Data Processing

  4. Procedure for Personal Data Processing: Obtaining Consent, Notification of Rights and Actions with the Personal Data of the Data Subject

  5. Location of the Personal Data Database

  6. Conditions for Disclosure of Personal Data to Third Parties

  7. Protection of Personal Data: Protection Methods, Responsible Person, Employees Directly Processing and/or Having Access to Personal Data in Connection with Their Official Duties, Personal Data Retention Period

  8. Rights of the Data Subject

  9. Procedure for Handling Requests from the Data Subject

  10. State Registration of the Personal Data Database

1. General Concepts and Scope of Application 1.1. Definition of terms:

  • personal data database — a named, structured set of 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 its processing, in accordance with the law;

  • data controller (owner of the personal data database) — a natural or legal person who is granted the right to process this data by law or by the consent of the data subject, who approves the purpose of processing personal data in this database, determines the composition of this data and the procedures for its processing, unless otherwise specified by law;

  • State Register of Personal Data Databases — a unified state information system for the collection, accumulation, and processing of information about 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, posted and published with the knowledge of the data subject. Social networks and internet resources where the data subject leaves their personal data are not considered publicly available sources (except in cases where the data subject explicitly states that the personal data is posted for the purpose of its free distribution and use);

  • consent of the data subject — any documented, voluntary expression of the will of a natural person to grant permission for the processing of their personal data in accordance with the stated purpose of its processing;

  • anonymization of personal data — the removal of information that makes it possible to identify a person;

  • processing of personal data — any action or set of actions, performed wholly or partly in an information (automated) system and/or in personal data files, which are related to the collection, registration, accumulation, storage, adaptation, modification, updating, use and dissemination (distribution, sale, transfer), anonymization, and destruction of information about a natural person;

  • personal data — information or a set of information about a natural person who is identified or can be specifically identified;

  • data processor (manager of the personal data database) — a natural or legal person who is granted the right to process this data by the data controller or by law. A person entrusted by the controller and/or processor to perform technical work with the personal data database without access to the content of the personal data is not a data processor;

  • data subject — a natural person whose personal data is processed in accordance with the law;

  • third party — any person, with the exception of the data subject, the controller or processor of the personal data database, and the authorized state body on personal data protection, to whom the controller or processor transfers personal data in accordance with the law;

  • special categories of data — personal data concerning racial or ethnic origin, political, religious or philosophical beliefs, membership in political parties and trade unions, as well as data concerning health or sex life. 1.2. These Provisions are mandatory for 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 Data Databases 2.1. The Seller is the owner of the following personal data databases:

  • database of contractors' personal data.

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 settlement of payments for purchased goods and services in accordance with the Tax Code of Ukraine and the Law of Ukraine "On Accounting and Financial Reporting in Ukraine".

4. Procedure for Personal Data Processing: Obtaining Consent, Notification of Rights and Actions with the Personal Data of the Data Subject 4.1. The consent of the data subject must be a voluntary expression of the natural person's will to grant permission for the processing of their personal data in accordance with the stated purpose of its processing. 4.2. The consent of the data subject may be provided in the following forms:

  • a document on paper with details that allow for the identification of this document and the natural person;

  • an electronic document, which must contain mandatory details that allow for the identification of this document and the natural person. It is advisable to certify the voluntary will of the natural person to grant permission for the processing of their personal data with the electronic signature of the data subject;

  • a mark on an electronic page of a document or in an electronic file that is processed in an information system based on documented software and hardware solutions. 4.3. The consent of the data subject is provided during the formalization of civil law relations in accordance with current legislation. 4.4. The data subject is notified of the inclusion of their personal data in the personal data database, the rights defined by the Law of Ukraine "On Personal Data Protection", the purpose of data collection, and the persons to whom their personal data is transferred during the formalization of civil law relations in accordance with current legislation. 4.5. The processing of personal data concerning racial or ethnic origin, political, religious or philosophical beliefs, membership in political parties and trade unions, as well as data concerning health or sex life (special categories of data) is prohibited.

5. Location of the Personal Data Database 5.1. The personal data databases specified in Section 2 of these Provisions are located at the seller's address.

6. Conditions for Disclosure of Personal Data to Third Parties 6.1. The procedure for access to personal data by third parties is determined by the terms of the data subject's consent provided to the data controller for the processing of this 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 obligations to ensure compliance with the requirements of the Law of Ukraine "On Personal Data Protection" or is unable to ensure them. 6.3. A party to the relationship involving personal data submits a request for access (hereinafter - request) to personal data to the data controller. 6.4. The request must specify:

  • surname, name, and patronymic, place of residence (place of stay), and details of the document certifying the identity of the natural person submitting 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 a legal entity - the applicant);

  • surname, name, and patronymic, as well as other information that allows for the identification of the natural person about whom the request is made;

  • information about the personal data database to which the request relates, or information about the controller or processor of this database;

  • a list of the personal data being requested;

  • the purpose and/or legal grounds for the request. 6.5. The period for reviewing the request for its satisfaction may not exceed ten working days from the date of its receipt. Within this period, the data controller shall inform the person submitting the request whether the request will be satisfied or that the relevant personal data is not subject to provision, indicating the grounds specified in the relevant regulatory act. The request shall be 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 permitted if the necessary data cannot be provided within thirty calendar days from the date of receipt of the request. In this case, the total period for resolving the issues raised in the request may not exceed forty-five calendar days. 6.7. Notification of the postponement shall be communicated to the third party who submitted the request in writing, with an explanation of the procedure for appealing such a decision. 6.8. The postponement notice shall specify:

  • surname, name, and patronymic of the official;

  • the date the notice was sent;

  • the reason for the postponement;

  • the period within which the request will be satisfied. 6.9. Denial of access to personal data is permitted if access to it is prohibited by law. 6.10. The denial notice shall specify:

  • surname, name, and patronymic of the official denying access;

  • the date the notice was sent;

  • the reason for the denial. 6.11. A decision to postpone or deny access to personal data may be appealed in court.

7. Protection of Personal Data: Protection Methods, Responsible Person, Employees Directly Processing and/or Having Access to Personal Data, Retention Period 7.1. The data controller is equipped with system, software, and communication tools that prevent loss, theft, unauthorized destruction, distortion, forgery, and copying of information and comply with the requirements of international and national standards. 7.2. The responsible person organizes work related to the protection of personal data during its processing, in accordance with the law. The responsible person is appointed by order of the Data Controller. The duties of the responsible person regarding the organization of work related to the protection of personal data 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 employees' access to personal data in accordance with their professional, official, or labor duties;

  • ensure that the Data Controller's employees comply with the requirements of Ukrainian legislation on personal data protection and internal documents regulating the Data Controller's activities on data processing and protection;

  • develop a procedure for internal control over compliance with the requirements of Ukrainian legislation on personal data protection and internal documents, which should, in particular, include provisions on the frequency of such control;

  • notify the Data Controller of any violations by employees of the requirements of Ukrainian legislation on personal data protection and internal documents no later than one working day from the moment such violations are discovered;

  • ensure the storage of documents confirming the data subject's consent to the processing of their personal data and the notification of the said subject of their rights. 7.4. To perform their duties, the responsible person has the right to:

  • receive necessary documents, including orders and other administrative documents issued by the Data Controller related to the processing of personal data;

  • make copies of received documents, including copies of files and any records stored in local computer networks and standalone computer systems;

  • participate in discussions of their duties related to organizing work on the protection of personal data during its processing;

  • submit proposals for improving activities and work methods, provide comments and options for eliminating identified shortcomings in the data processing process;

  • receive explanations on matters of personal data processing;

  • sign and endorse documents within their competence. 7.5. Employees who directly process and/or have access to personal data in connection with 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. 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 entrusted to them or which became known to them in connection with the performance of professional, official, or labor duties. This obligation remains in force after the termination of their 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, shall be liable in accordance with the legislation of Ukraine for violating the requirements of the Law of Ukraine "On Personal Data Protection". 7.8. Personal data should not be stored for longer than is necessary for the purpose for which such data is stored, but in any case no longer than the data retention period determined by the data subject's consent to the processing of this data.

8. Rights of the Data Subject 8.1. The data subject has the right to:

  • know the location of the personal data database containing their personal data, its purpose and name, the location and/or place of residence (stay) of the controller or processor of this database, or to authorize persons to obtain this information, except in cases established by law;

  • receive information about the conditions for providing access to personal data, including information about third parties to whom their personal data is transferred;

  • access their personal data;

  • receive, no later than thirty calendar days from the date of receipt of a request, except in cases provided by law, a response as to whether their personal data is stored in the relevant database, and also to receive the content of their stored personal data;

  • present a reasoned demand objecting to the processing of their personal data by public authorities or local self-government bodies in the exercise of their powers;

  • present a reasoned demand for the modification or destruction of their personal data by any controller or processor if this data is processed unlawfully or is inaccurate;

  • the protection of their personal data from unlawful processing and accidental loss, destruction, or damage due to deliberate concealment, non-provision, or untimely provision, as well as protection from the provision of information that is inaccurate or defames the honor, dignity, and business reputation;

  • appeal to public authorities and local self-government bodies, whose powers include the protection of personal data, on matters concerning the protection of their rights regarding personal data;

  • apply legal remedies in case of violation of legislation on personal data protection.

9. Procedure for Handling Requests from the Data Subject 9.1. The data subject has the right to receive any information about themselves from any party to the relationship involving personal data, without specifying the purpose of the request, except in cases established by law. 9.2. The data subject's access to data about themselves is free of charge. 9.3. The data subject submits a request for access to personal data to the data controller. The request shall specify:

  • surname, name, and patronymic, place of residence (place of stay), and details of the document certifying the identity of the data subject;

  • other information that allows for the identification of the data subject;

  • information about the personal data database to which the request relates, or information about the controller or processor of this database;

  • a list of the personal data being requested. 9.4. The period for reviewing the request for its satisfaction may not exceed ten working days from the date of its receipt. Within this period, the data controller shall inform the data subject whether the request will be satisfied or that the relevant personal data is not subject to provision, indicating the grounds specified in the relevant regulatory 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 the Personal Data Database 10.1. The state registration of personal data databases is carried out in accordance with Article 9 of the Law of Ukraine "On Personal Data Protection".