User Agreement

Personal Data Processing and Protection Policy in the Personal Data Databases Owned by the Seller

Table of Contents
  1. General Concepts and Scope
  2. List of Personal Data Databases
  3. Purpose of Personal Data Processing
  4. Personal Data Processing Procedure: Obtaining Consent, Notification of Rights, and Actions with Personal Data of the Data Subject
  5. Location of the Personal Data Database
  6. Conditions for Disclosing Personal Data Information to Third Parties
  7. Personal Data Protection: Protection Methods, Responsible Person, Employees Directly Processing and/or Having Access to Personal Data in Connection with the Performance of Their Official Duties, Personal Data Retention Period
  8. Rights of the Personal Data Subject
  9. Procedure for Handling Data Subject Requests
  10. State Registration of the Personal Data Database
1. GENERAL PROVISIONS AND SCOPE OF APPLICATION


1.1. Definitions of terms:

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 defined person 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 this data, who approves the purpose of processing personal data in this database, establishes the composition of this data and the procedures for its 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 available sources of personal data — directories, address books, registers, lists, catalogs, other systematized collections of open information containing 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 publicly available sources of personal data (except in cases where the personal data subject explicitly states that the personal data is placed for the purpose of its free distribution and use);

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

depersonalization of personal data — removal of information that allows identifying 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, which are related to the collection, registration, accumulation, storage, adaptation, modification, renewal, use and dissemination (distribution, realization, 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;

administrator of the personal data database — a natural or legal person to whom the owner of the personal data database or the law has granted the right to process this data. A person entrusted by the owner and/or administrator of the personal data database with performing technical work with the personal data database without access to the content of personal data is not an administrator of the personal data database;

personal data subject — a natural person about whom, in accordance with the law, their personal data is processed;

third party — any person, with the exception of the personal data subject, the owner or administrator of the personal data database and the authorized state body for personal data protection, to whom the owner or administrator of the personal data database transfers personal data in accordance with the law;

special categories of data — personal data about racial or ethnic origin, political, religious or philosophical beliefs, membership in political parties and trade unions, as well as data related to health or sex life.

1.2. This Regulation is mandatory for application by 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:
personal data database of counterparties.

3. PURPOSE OF PERSONAL DATA PROCESSING


3.1. The purpose of personal data processing within the system is to ensure the implementation of civil law relations, the provision, receipt, and settlement 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 the personal data of the personal data subject


4.1. The consent of the personal data subject must be a voluntary expression of will of the individual to grant permission for the processing of their 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 paper document with details that allow identifying this document and the individual;
  • an electronic document that must contain mandatory details that allow identifying this document and the individual. The voluntary expression of will of the individual to grant permission for the processing of their personal data should be certified by the electronic signature of the personal data subject;
  • a mark on an electronic page of a document or in an electronic file processed in an information system based on documented software and hardware solutions.

    4.3. The consent of the personal data subject is provided during the formalization of civil law relations in accordance with current legislation.

    4.4. Notification of the personal data subject about the inclusion of their personal data in the personal data database, rights defined by the Law of Ukraine "On Personal Data Protection", the purpose of data collection, and persons to whom their personal data is transferred is carried out during the formalization of civil law relations in accordance with current 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 related to health or sexual 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 this Regulation are located at the seller's address.

6. CONDITIONS FOR DISCLOSURE OF PERSONAL DATA TO THIRD PARTIES

6.1. The procedure for accessing personal data by third parties is determined by the terms of the personal data subject's consent, provided to the personal data owner for the processing of such data, or in accordance with legal requirements.

6.2. Access to personal data is not granted to a third party if the said party 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. The subject of relations related to 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, first name, and patronymic, place of residence (place of stay) and details of the document identifying the individual submitting the request (for an individual — applicant);
  • name, location of the legal entity submitting the request, position, surname, first 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 — applicant);
  • surname, first name, and patronymic, as well as other information allowing identification of the individual to whom the request pertains;
  • information about the personal data database to which the request relates, or information about the owner or administrator of this personal data database;
  • list of personal data requested;
  • purpose and/or legal grounds for the request.

6.5. The period for reviewing a request for its satisfaction cannot exceed ten business days from the date of its receipt. During this period, the owner of the personal data database informs the person who submitted the request whether the request will be satisfied or if the relevant personal data cannot be provided, with an indication of 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 by 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 issues raised in the request cannot exceed forty-five calendar days.

6.7. Notification of 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 notification shall specify:

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

6.9. Refusal of access to personal data is permitted if access to it is prohibited by law.

6.10. The refusal notification shall specify:

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

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

7. PERSONAL DATA PROTECTION

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, personal data retention period


7.1. The owner of the personal data base is equipped with systemic and software-technical means and communication means that prevent loss, theft, unauthorized destruction, distortion, forgery, 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 their processing, in accordance with the law. The responsible person is appointed by the order of the Owner of the personal data base.

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 is obliged to:

  • know the legislation of Ukraine in the field of personal data protection;
  • develop procedures for access to personal data for employees in accordance with their professional, official or labor duties;
  • ensure that the employees of the Personal Data Base Owner comply with the requirements of the legislation of Ukraine in the field of personal data protection and internal documents regulating the activities of the Personal Data Base Owner regarding the processing and protection of personal data in personal data bases;
  • develop a procedure (process) 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 activities of the Personal Data Base Owner regarding the processing and protection of personal data in personal data bases, which, in particular, should include rules regarding the frequency of such control;
  • inform the Personal Data Base Owner about facts of violations by employees of the requirements of the legislation of Ukraine in the field of personal data protection and internal documents regulating the activities of the Personal Data Base Owner regarding the processing and protection of personal data in personal data bases within one working day from the moment of detection of such violations;
  • ensure the storage of documents confirming the consent of the personal data subject to the processing of their personal data and notification of the said subject about their rights.

7.4. In order to perform their duties, the responsible person has the right to:

  • receive necessary documents, including orders and other administrative documents issued by the Personal Data Base Owner, related to personal data processing;
  • make copies of received documents, including copies of files, any records stored in local computer networks and standalone computer systems;
  • participate in the discussion of their duties regarding the organization of work related to personal data protection during their processing;
  • submit proposals for improving activities and perfecting work methods, provide comments and options for eliminating identified shortcomings in the process of personal data processing;
  • receive explanations on issues 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 the performance of 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 regarding the processing and protection of personal data in personal data bases.

7.6. Employees who have access to personal data, including those who process it, are obliged not to disclose in any way personal data entrusted to them or that became known to them in connection with the performance of professional or official or labor duties. This obligation remains in force after they cease 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, in case of violation of the requirements of the Law of Ukraine "On Personal Data Protection" shall be liable in accordance with the legislation of Ukraine.

7.8. Personal data shall not be stored longer than necessary for the purpose for which such data is stored, but in any case no longer than the data retention period determined by the personal data subject's consent to the processing of these 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, the location and/or place of residence (stay) of the owner or administrator of this database, or give an appropriate instruction to persons authorized by them to receive this information, except in cases established by law;
  • receive information about the conditions for granting access to personal data, in particular, 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 calendar days from the date of receipt of the request, except in cases provided by law, a response as to whether their personal data are stored in the relevant personal data database, and also receive the content of their personal data that are stored;
  • make a reasoned objection to the processing of their personal data by state authorities, local self-government bodies when exercising their powers provided for by law;
  • make a reasoned request for the modification or destruction of their personal data by any owner and administrator of this database if these data are processed illegally or are inaccurate;
  • protect their personal data from unlawful processing and accidental loss, destruction, damage due to intentional concealment, non-provision or untimely provision thereof, and also protect against the provision of information that is inaccurate or defames the honor, dignity and business reputation of a natural person;
  • address issues of protecting their rights regarding personal data to state authorities, local self-government bodies, whose powers include the protection of personal data;
  • apply legal remedies in case of violation of legislation on personal data protection.
9. Procedure for handling requests from the personal data subject


9.1. The personal data subject has the right to receive any information about themselves from any participant in relations involving personal data, without specifying the purpose of the request, except in cases established by law.

9.2. Access by the personal data subject to data concerning themself is free of charge.

9.3. The personal data subject submits a request for access (hereinafter – the request) to personal data to the personal data controller.

The request must include:

  • surname, first name and patronymic, place of residence (place of stay) and details of the document identifying the personal data subject;
  • other information that allows identification of the personal data subject;
  • information about the personal data database to which the request relates, or information about the controller or processor of that database;
  • the list of personal data requested.

9.4. The period for reviewing a request to determine whether it can be granted may not exceed ten working days from the date of its receipt. Within this period, the personal data controller shall inform the personal data subject whether the request will be granted or if the relevant personal data cannot be provided, specifying the grounds defined in the relevant regulatory legal act.

9.5. The request shall be granted 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. State registration of personal data databases is carried out in accordance with Article 9 of the Law of Ukraine "On Personal Data Protection."