Regulation on the processing and protection of personal data in personal data databases owned by the Seller

Contents
General concepts and scope of application
List of personal data databases
Purpose of processing personal data
Procedure for processing personal data: obtaining consent, informing about rights and actions with personal data of the 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, retention period of personal data
Rights of the personal data subject
Procedure for handling requests of the personal data subject
State registration of the personal data database

  1. General concepts and scope of application
    1.1. Definitions:

personal data database: a named set of ordered personal data in electronic form and/or in the form of personal data card files.

responsible person: a designated individual who organizes work related to the protection of personal data during their processing in accordance with the law.

owner of the personal data database: a natural or legal person who, by law or with the consent of the personal data subject, is granted the right to process such data, who 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 on registered personal data databases.

public sources of personal data: directories, address books, registers, lists, catalogues, and other systematized collections of open information that contain personal data placed and published with the knowledge of the personal data subject. Social networks and internet resources where the personal data subject leaves their personal data are not considered public sources of personal data, except where the personal data subject explicitly indicates that the personal data are placed for free dissemination and use.

consent of the personal data subject: any documented, voluntary expression of will by a natural person to permit the processing of his or her personal data in accordance with the stated purpose of their processing.

personal data depersonalization: removal of information that makes it possible to identify a person.

processing of personal data: any action or set of actions performed fully or partially in an information (automated) system and/or in personal data card files, related to collection, registration, accumulation, storage, adaptation, modification, updating, use and dissemination (distribution, provision, transfer), depersonalization, 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.

manager of the personal data database: a natural or legal person who is granted the right by the owner of the personal data database or by law to process these data. A person entrusted by the owner and/or manager of the personal data database to perform technical work with the personal data database without access to the content of personal data is not considered a manager of the personal data database.

personal data subject: a natural person with respect to whom processing of his or her personal data is carried out in accordance with the law.

third party: any person, except for the personal data subject, the owner or manager of the personal data database, and the authorized state body for personal data protection, to whom personal data are transferred by the owner or manager of the personal data database in accordance with the law.

special categories of data: personal data regarding 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. This Regulation is 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.

  1. List of personal data databases
    2.1. The Seller is the owner of the following personal data databases:

personal data database of counterparties.

  1. Purpose of processing personal data
    3.1. The purpose of processing personal data in the system is to ensure the fulfillment 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”.

  2. Procedure for processing personal data: obtaining consent, informing about 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 will by a natural person to permit the processing of his or her personal data in accordance with the stated purpose of their processing.

4.2. Consent of the personal data subject may be provided in the following forms:

a paper document with details that make it possible to identify this document and the natural person
an electronic document that contains mandatory details that make it possible to identify this document and the natural person. It is advisable to certify the voluntary expression of will to permit the processing of personal data by the personal data subject’s electronic signature
a check mark on an electronic page of a document or in an electronic file processed in an information system based on documented software and technical solutions.

4.3. The personal data subject’s consent is provided when civil law relations are formalized in accordance with applicable legislation.

4.4. Notification of the personal data subject about the inclusion of his or her personal data in a 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 his or her personal data are transferred is carried out when civil law relations are formalized in accordance with applicable legislation.

4.5. 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.

  1. Location of the personal data database
    5.1. The personal data databases specified in Section 2 of this Regulation are located at the Seller’s address.

  2. 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 provided to the owner of the personal data for processing these data, or in accordance with legal requirements.

6.2. Access to personal data shall not be granted to a third party if such person refuses to assume obligations to ensure compliance with the requirements of the Law of Ukraine “On Personal Data Protection” or is incapable of ensuring such compliance.

6.3. A subject of relations connected with personal data submits a request for access to personal data (hereinafter the Request) to the owner of the personal data.

6.4. The Request shall indicate:

surname, first name, patronymic, place of residence (place of stay), and details of the identity document of the natural person submitting the Request (for a natural person applicant)
name and location of the legal entity submitting the Request, position, surname, first 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, first name, patronymic, and other information enabling identification of the natural person to whom the Request relates
information on the personal data database to which the Request relates, or information about the owner or manager of this personal data database
a list of the requested personal data
the purpose and/or legal grounds for the Request.

6.5. The period for reviewing the Request for the purpose of its satisfaction shall not exceed ten business days from the date of its receipt. Within this period, the owner of the personal data database shall inform the requester that the Request will be satisfied or that the relevant personal data are not subject to provision with reference to the grounds established by 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 allowed if the necessary data cannot be provided within thirty calendar days from the date of receipt of the Request. In such a case, the total period for resolving the issues raised in the Request shall not exceed forty five calendar days.

6.7. Notification of postponement shall be communicated to the third party that submitted the Request in writing with an explanation of the procedure for appealing such a decision.

6.8. The notification of postponement shall indicate:

surname, first name, patronymic of the official
date of sending the notification
reason for the postponement
period within which the Request will be satisfied.

6.9. Refusal of access to personal data is allowed if access to them is prohibited by law.

6.10. The notification of refusal shall indicate:

surname, first name, patronymic of the official who refuses access
date of sending the notification
reason for refusal.

6.11. The decision to postpone or refuse access to personal data may be appealed in court.

  1. 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, retention period of personal data
    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, falsification, copying of information and comply with 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 designated 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 that regulate the Owner’s activities regarding the processing and protection of personal data in personal data databases
develop a procedure for internal control over compliance with the legislation of Ukraine in the field of personal data protection and internal documents that regulate the Owner’s activities regarding the processing and protection of personal data in personal data databases, which should, in particular, include provisions on the periodicity of such control
inform the Owner of the personal data database about violations by employees of the legislation of Ukraine in the field of personal data protection and internal documents that regulate the Owner’s activities regarding the processing and protection of personal data in personal data databases no later than one business day from the moment such violations are detected
ensure the storage of documents confirming that the personal data subject has given consent to the processing of his or her personal data and has been informed about his or her rights.

7.4. In order to fulfill his or her 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 the processing of personal data
make copies of the received documents, including copies of files and any records stored in local area networks and standalone computer systems
participate in discussions of the duties performed on organizing work related to the protection of personal data during their processing
submit proposals for improving activities and enhancing working methods, as well as comments and options for eliminating deficiencies identified in the process of processing personal data
obtain explanations on issues of personal data processing
sign and visa documents within his or her competence.

7.5. Employees who directly process and/or have access to personal data in connection with the performance of their official (labor) duties must comply with 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 them, must not disclose in any manner the personal data entrusted to them or that became known in connection with the performance of their professional, official, or labor duties. This obligation remains in force after they cease activities related to personal data, except as provided by law.

7.7. Persons who have access to personal data, including those who process them, shall be liable under the legislation of Ukraine for violating the requirements 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 storage period specified by the personal data subject’s consent to the processing of such data.

  1. Rights of the personal data subject
    8.1. The personal data subject has the right to:

know the location of the personal data database that contains his or her personal data, its purpose and name, and the location and/or place of residence (stay) of the owner or manager of this database, or to give an appropriate authorization to obtain this information to authorized persons, except as provided by law
obtain information on the conditions for granting access to personal data, in particular information about third parties to whom his or her personal data contained in the relevant personal data database are transferred
access his or her personal data contained in the relevant personal data database
receive, no later than thirty calendar days from the date of receipt of the Request, except as provided by law, a response as to whether his or her personal data are stored in the relevant personal data database, as well as receive the contents of his or her personal data that are stored
submit a reasoned objection to the processing of his or her personal data by public authorities and local self-government bodies when exercising their powers provided by law
submit a reasoned demand for the modification or destruction of his or her personal data by any owner and manager of this database if these data are processed unlawfully or are inaccurate
protect his or her personal data against unlawful processing and accidental loss, destruction, damage due to intentional concealment, non-provision or untimely provision, as well as protection against providing information that is inaccurate or defames the honor, dignity, and business reputation of a natural person
apply to public authorities and local self-government bodies authorized to protect personal data for the protection of his or her rights regarding personal data
use legal remedies in case of violation of the legislation on personal data protection.

  1. Procedure for handling requests of the personal data subject
    9.1. The personal data subject has the right to obtain any information about himself or herself from any subject of relations connected with personal data without specifying the purpose of the Request, except as provided by law.

9.2. Access of the personal data subject to his or her data is free of charge.

9.3. The personal data subject submits a request for access (the Request) to personal data to the owner of the personal data database.

The Request shall indicate:

surname, first name, patronymic, place of residence (place of stay), and details of the identity 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 manager of this database
a list of the requested personal data.

9.4. The period for reviewing the Request for the purpose of its satisfaction shall not exceed ten business days from the date of its receipt. Within this period, the owner of the personal data database informs the personal data subject that the Request will be satisfied or that the relevant personal data are not subject to provision, indicating the grounds established by 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.