User Agreement
Regulations on Processing and Protection of Personal Data in Personal Data Databases, the Owner of Which Is the Seller
Contents
General terms and scope of application
List of personal data databases
Purpose of personal data processing
Procedure for processing personal data: obtaining consent, notifying about rights, and actions with the personal data of the personal data subject
Location of the personal data database
Conditions for disclosure of personal data to third parties
Protection of personal data: protection methods, responsible person, employees who directly process and/or have access to personal data in connection with the performance of their official duties, personal data retention period
Rights of the personal data subject
Procedure for handling requests of the personal data subject
State registration of the personal data database
1. General Terms and Scope of Application
1.1. Definitions:
personal data database - a named set of organized personal data in electronic form and/or in the form of personal data filing systems;
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 a personal data database - an individual or legal entity that, by law or with the consent of the personal data subject, is granted the right to process such data, approves the purpose of processing personal data in this database, determines the composition of such data and the procedures for their processing, unless otherwise provided by law;
State Register of Personal Data Databases - a unified state information system for collecting, accumulating, and processing information about registered personal data databases;
publicly accessible sources of personal data - directories, address books, registers, lists, catalogs, and other systematized collections of publicly available information that contain personal data placed and published with the knowledge of the personal data subject. Social networks and internet resources where personal data subjects leave their personal data are not considered publicly accessible sources (except where the personal data subject explicitly states that the personal data are posted for the purpose of free dissemination and use);
consent of the personal data subject - any documented, voluntary expression of will by an individual granting permission for the processing of their personal data in accordance with the stated purpose of such processing;
depersonalization of personal data - removal of information that makes it possible to identify a person;
processing of personal data - any action or set of actions carried out in whole or in part in an information (automated) system and/or in personal data filing systems related to the collection, registration, accumulation, storage, adaptation, modification, updating, use and dissemination (distribution, sale, transfer), depersonalization, or 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;
processor of a personal data database - an individual or legal entity that is granted by the owner of the personal data database or by law the right to process such data. A person is not considered a processor if, under an assignment from the owner and/or processor of the personal data database, they perform technical work with the database without access to the content of personal data;
personal data subject - an individual whose personal data are processed in accordance with the law;
third party - any person other than the personal data subject, the owner or the processor of the personal data database, and the authorized state authority for personal data protection, to whom the owner or processor of the personal data database transfers personal data in accordance with the law;
special categories of data - personal data relating to 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 Regulations are mandatory for the responsible person and the Seller’s employees 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:
personal data database 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, provision, receipt, and performance of settlements 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 Processing Personal Data: Obtaining Consent, Notifying About Rights, and Actions with the Personal Data of the Personal Data Subject
4.1. Consent of the personal data subject must be a voluntary expression of will by an individual granting permission for the processing of their personal data in accordance with the stated purpose of processing.
4.2. Consent of the personal data subject may be provided in the following forms:
a paper document with details enabling identification of the document and the individual;
an electronic document that must contain mandatory details enabling identification of the document and the individual. The voluntary expression of will by an individual granting permission for the processing of their personal data is advisable to certify with the electronic signature of the personal data subject;
a mark on an electronic page of the document or in an electronic file processed in the information system based on documented software and technical solutions.
4.3. Consent of the personal data subject is provided when establishing civil-law relations in accordance with applicable law.
4.4. Notification of the personal data subject about inclusion of their personal data into the personal data database, about the rights defined by the Law of Ukraine “On Personal Data Protection”, about the purpose of data collection, and about the persons to whom their personal data are transferred is carried out when establishing 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 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 Regulations 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 consent of the personal data subject granted to the personal data owner for the processing of such data, or in accordance with legal requirements.
6.2. Access to personal data shall not be granted to a third party if such party refuses to assume obligations to ensure compliance with the requirements of the Law of Ukraine “On Personal Data Protection” or is unable to ensure such compliance.
6.3. A party to relations involving personal data submits a request for access (hereinafter - the “request”) to personal data to the personal data owner.
6.4. The request shall specify:
surname, name and patronymic, place of residence (place of stay), and details of the identification document of the individual submitting the request (for an individual applicant);
name and location of the legal entity submitting the request, the position, surname, name and patronymic of the person certifying the request, and confirmation that the content of the request corresponds to the powers of the legal entity (for a legal entity applicant);
surname, name and patronymic, as well as other information enabling identification of the individual to whom the request relates;
information about the personal data database to which the request relates, or information about the owner or processor of such personal data database;
the list of personal data requested;
the purpose and/or legal grounds for the request.
6.5. The period for reviewing the request for the possibility of satisfaction may not exceed ten (10) business days from the date of receipt. Within this period, the owner of the personal data database informs the person submitting the request that the request will be satisfied or that the relevant personal data are not subject to disclosure, stating the grounds defined in the relevant regulatory legal act. The request shall be satisfied within thirty (30) calendar days from the date of receipt unless otherwise provided by law.
6.6. Deferral of access to the personal data of third parties is permitted if the requested data cannot be provided within thirty (30) calendar days from the date of receipt of the request. In such case, the overall period for resolving the issues raised in the request may not exceed forty-five (45) calendar days.
6.7. Notice of deferral shall be provided to the third party that submitted the request in writing, with an explanation of the procedure for appealing such a decision.
6.8. The notice of deferral shall specify:
surname, name and patronymic of the official;
the date the notice is sent;
the reason for deferral;
the period within which the request will be satisfied.
6.9. Refusal to grant access to personal data is permitted if access thereto is prohibited by law.
6.10. The notice of refusal shall specify:
surname, name and patronymic of the official refusing access;
the date the notice is sent;
the reason for refusal.
6.11. A decision on deferral or refusal to grant access to personal data may be appealed in court.
7. Protection of Personal Data: Protection Methods, Responsible Person, Employees Who Directly Process and/or Have Access to Personal Data in Connection with the Performance of Their Official Duties, Personal Data Retention Period
7.1. The owner of the personal data database is equipped with system and software/technical tools and communication means that prevent loss, theft, unauthorized destruction, distortion, forgery, or copying of information and meet the requirements of international and national standards.
7.2. The responsible person organizes work related to the protection of personal data during their processing in accordance with the law. The responsible person is appointed by an order of the owner of the personal data database.
The duties of the responsible person regarding 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 shall:
know the legislation of Ukraine in the field of personal data protection;
develop procedures for employees’ access to personal data according to their professional/official or labor duties;
ensure that the employees of the owner of the personal data database comply with the legislation of Ukraine in the field of personal data protection and internal documents regulating the owner’s activities in processing and protecting personal data in personal data databases;
develop a 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 owner’s activities in processing and protecting personal data in personal data databases, which shall, among other things, include rules regarding the frequency of such control;
inform the owner of the personal data database about any violations by employees of the requirements of the legislation of Ukraine in the field of personal data protection and internal documents regulating the owner’s activities in processing and protecting personal data in personal data databases no later than one (1) business day from the moment such violations are detected;
ensure the storage of documents confirming the personal data subject’s consent to the processing of their personal data and notification of such subject about their rights.
7.4. For the purpose of performing their duties, the responsible person has the right to:
receive necessary documents, including orders and other administrative documents issued by the owner of the personal data database related to personal data processing;
make copies of received documents, including copies of files and any records stored in local networks and standalone computer systems;
participate in discussions related to the performance of their duties in organizing work related to the protection of personal data during processing;
submit proposals for improving activities and working methods, provide comments, and propose measures to eliminate identified deficiencies in the personal data processing process;
receive explanations on matters of personal data processing;
sign and approve 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 shall 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 databases.
7.6. Employees who have access to personal data, including those who process such data, shall not disclose in any manner any personal data entrusted to them or that became known to them in connection with the performance of professional/official or labor duties. This obligation remains in force after termination of activities related to personal data, except as provided by law.
7.7. Persons who have access to personal data, including those who process such data, shall bear liability under the legislation of Ukraine in case of violation of the Law of Ukraine “On Personal Data Protection”.
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 retention period determined by the personal data subject’s consent to the processing of such data.
8. Rights of the Personal Data Subject
8.1. The personal data subject has the right to:
know the location of the personal data database containing their personal data, its purpose and name, and the name and location and/or place of residence (place of stay) of the owner or processor of such database, or to authorize designated persons to obtain such information, except as provided by law;
obtain information about the conditions for granting access to personal data, including information about third parties to whom their personal data contained in the relevant personal data database are transferred;
access their personal data contained in the relevant personal data database;
receive, no later than thirty (30) calendar days from the date of receipt of a request, except as provided by law, a response as to whether their personal data are stored in the relevant personal data database, and to obtain the content of their stored personal data;
submit a reasoned objection to the processing of their personal data by state authorities and local self-government bodies in exercising their powers provided by law;
submit a reasoned demand to any owner or processor of such database to amend or destroy their personal data if such data are processed unlawfully or are inaccurate;
protection of their personal data from unlawful processing and accidental loss, destruction, or damage due to intentional concealment, failure to provide, or untimely provision thereof, and protection from providing information that is inaccurate or that discredits the honor, dignity, or business reputation of an individual;
apply to state authorities and local self-government bodies within their competence regarding the protection of their rights related to personal data;
use legal remedies in case of violations of personal data protection legislation.
9. Procedure for Handling Requests of the Personal Data Subject
9.1. The personal data subject has the right to obtain any information about themselves from any party to relations involving personal data without stating the purpose of the request, except as provided by law.
9.2. Access by the personal data subject to data about themselves shall be provided 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 database.
The request shall specify:
surname, name and patronymic, place of residence (place of stay), and details of the identification document of the personal data subject;
other information enabling identification of the personal data subject;
information about the personal data database to which the request relates, or information about the owner or processor of such database;
the list of personal data requested.