Processing and protection of personal data

1. General concepts and scope of application.

1.1. Визначення термінів:

personal data base – a 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 a personal data base – an individual or legal entity that is authorized by law or with the consent of the personal data subject to process this data, which approves the purpose of processing personal data in this database, establishes the composition of this data and procedures for its processing, unless otherwise provided by law;

consent of the personal data subject is a voluntary expression of the individual’s will (subject to his/her awareness) to grant permission to process his/her personal data in accordance with the formulated purpose of their processing, expressed in writing or in a form that allows to conclude that the consent has been granted;

depersonalization of personal data – the removal of information that allows to identify a person;

processing of personal data means 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, updating, use and dissemination (distribution, sale, 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 and may include the recording of one or more cookies or anonymous identifiers, as well as cookies and anonymous identifiers when the personal data subject interacts with services offered by our partners, such as advertising services, for example, that may appear on other websites that have been explicitly disclosed by the personal data subject, and other data;

Personal data controller – a natural or legal person who is authorized by the owner of the personal data base or by law to process this data.
A person who is entrusted by the owner and/or manager 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 a personal data manager;

personal data subject – an individual in respect of whom personal data is processed in accordance with the law;

third party – any person, except for the personal data subject, the owner or manager of the personal data base and the authorized state body for personal data protection, to whom the owner or manager of the personal data base transfers personal data in accordance with the law;

special categories of data – 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.
1.2. This Regulation is 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 bases.

2.1. The Seller is the owner of the following personal data bases:

database of personal data of counterparties.

3. The purpose of processing personal data.

3.1. The purpose of processing personal data in the system is to store and maintain counterparty data in accordance with Articles 6 and 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 law relations, provision/receipt and payment for purchased goods/services in accordance with the Tax Code of Ukraine, the Law of Ukraine “On Accounting and Financial Reporting in Ukraine”, and other obligations imposed by law on the personal data owner, to protect the legitimate interests of the personal data owner or a third party to whom personal data is transferred.

3.3. The purpose of processing personal data is to create and implement bonus programs, loyalty programs, send messages in the form of emails, Viber messages, SMS messages, notifications in a mobile application, notifications in a web browser, including for the purpose of sending commercial offers, in order to improve the quality of services.

4. The procedure for processing personal data. Obtaining consent, notification of rights and actions with personal data of the personal data subject.

4.1. Processing of personal data used to fulfill the purpose of processing provided for in clause. 3.2 of this Regulation, is carried out on the basis of Article 11 of the Law of Ukraine “On Personal Data Protection”.

4.2. Processing of personal data used to fulfill the purpose of processing provided for in clause. 3.3 of this Regulation, is carried out on the basis of the consent of the personal data subject or for the execution of offers accepted by the personal data subject, including the execution of subscriptions.

4.2.1. The consent of the personal data subject must be a voluntary expression of the individual’s will to allow the processing of his or her personal data in accordance with the stated purpose of their processing. The consent of the personal data subject may be provided in the following forms:

a document on paper with details that make it possible to identify this document and an individual;
an electronic document that must contain mandatory details that allow for the identification of this document and an individual. The voluntary expression of an individual’s will to grant permission to process his or her 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 personal data subject is notified of the inclusion of his or her 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 the persons to whom his or her personal data is transferred in the course of formalizing civil law relations in accordance with applicable law.

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 data base.

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 terms of the personal data subject’s consent granted to the owner of the personal data base to process this data in order to fulfill the obligations assumed to the personal data subject or in accordance with the requirements of the law.

6.2. Access to personal data shall not be 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 subject of relations related to personal data submits a request for access (hereinafter referred to as a request) to personal data to the owner of the personal data base.

6.4. The request shall include:

surname, name and patronymic, place of residence (place of stay) and details of the document certifying the individual submitting the request (for an individual 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 – applicant);
surname, name, and patronymic, as well as other information that allows to identify the individual in respect of whom the request is made;
information about the personal data base in respect of which the request is made, or information about the owner or manager of this database;
a list of requested personal data;
the purpose of the request.

6.5. The period for reviewing the request for its satisfaction may not exceed ten business days from the date of its receipt.

During this period, the owner of the personal data base shall inform the person submitting the request that the request will be granted or the relevant personal data will not be provided, indicating the grounds specified in the relevant regulatory 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 data base are obliged to comply with the confidentiality requirements regarding personal data and information on securities accounts and securities circulation.

6.7. Deferral 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 this case, the total period for resolving the issues raised in the request may not exceed forty-five calendar days.

6.8. The notice of postponement shall be communicated in writing to the third party that submitted the request, explaining the procedure for appealing such a decision.

6.9. The notice of deferral shall specify:

name, surname and patronymic of the official;
date of sending the message;
the reason for the delay;
the time period within which the request will be granted.

6.10. Denial of access to personal data is allowed if access to such data is prohibited by law.

6.11. The refusal notice shall specify:

name, surname, patronymic of the official who denies access;
date of sending the message;
the reason for the 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 state authorities and local self-government bodies authorized to protect personal data, or to a 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, and the period of storage of personal data.

7.1. The owner of the personal data base is equipped with system, software and hardware, and communication facilities 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 shall organize the work related to the protection of personal data during their processing in accordance with the law. The responsible person is determined by order of the Personal Data Owner.

The responsibilities of the responsible person for organizing 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 employees’ personal data in accordance with their professional or official duties or employment responsibilities;
to ensure that the employees of the Personal Data Controller 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 Controller regarding the processing and protection of personal data in personal databases;
to 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 governing the activities of the Personal Data Owner regarding the processing and protection of personal data in personal databases, which, in particular, should contain rules on the frequency of such control;
notify the Personal Data Owner of 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 Personal Data Owner regarding the processing and protection of personal data in personal databases within one business day from the date of detection of such violations;
ensure the storage of documents confirming that the personal data subject has given consent to the processing of his or her personal data and notified the said subject of his or her rights.

7.4. In order to fulfill his/her duties, the responsible person has the right to:

Receive the necessary documents, including orders and other administrative documents issued by the Personal Data Owner related to the processing of personal data;
make copies of the received documents, including copies of files, any records stored in local computer networks and autonomous computer systems;
Participate in discussions on the organization of work related to the protection of personal data during their processing;
submit proposals for improvement of activities and methods of work, submit comments and options for eliminating identified shortcomings in the process of personal data processing;
receive explanations on the processing of personal data;
sign and visa documents within his/her 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 obliged to comply with the requirements of Ukrainian legislation in the field of personal data protection and internal documents on the processing and protection of personal data in personal databases.

7.6. Employees who have access to personal data, including those who process it, 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 duties or employment. Such an obligation is valid 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 laws of Ukraine.

7.8. Personal data should not be stored for longer than necessary for the purpose for which such data is stored, but in any case no longer than the data storage period determined by the consent of the personal data subject to the processing of such data.

8. Rights of the personal data subject.

8.1. The personal data subject has the right to:

know about the location of the personal data base containing his/her personal data, its purpose and name, location and/or place of residence (stay) of the owner or manager of this database or give a corresponding order to obtain this information to persons authorized by him/her, except in cases established by law;
receive information about the conditions for granting access to personal data, including information about third parties to whom his/her personal data contained in the relevant personal data base is transferred;
access to their personal data contained in the relevant personal data base;
to receive a response no later than thirty calendar days from the date of receipt of the request, except in cases provided for by law, on whether his or her personal data is stored in the relevant personal data base, as well as to receive the content of his or her personal data that is stored;
to submit a reasoned request with an objection to the processing of their personal data by state authorities, local self-government bodies in the exercise of their powers provided for by law;
to make a reasoned request to change or destroy their personal data by any owner and manager of this database if this data is processed illegally or is unreliable;
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 discrediting the honor, dignity and business reputation of an individual;
to apply for protection of their rights regarding personal data to state authorities and local self-government bodies authorized to protect personal data;
apply legal remedies in case of violation of personal data protection legislation.

9. Procedure for handling requests from the personal data subject.

9.1. A personal data subject has the right to receive any information about himself/herself from any subject of relations related to personal data without specifying the purpose of the request, except in cases established by law.

9.2. The personal data subject’s access to data about himself/herself is free of charge.

9.3. A personal data subject submits a request for access (hereinafter referred to as a request) to personal data to the owner of the personal data base.

The request shall include:

surname, name and patronymic, place of residence (place of stay) and details of the personal data subject’s identity document;
other information that allows to identify the identity of the personal data subject;
information about the personal data base in respect of which the request is made, or information about the owner or manager of this database;
a list of requested personal data.

9.4. The period for reviewing the request for its satisfaction may not exceed ten business days from the date of its receipt.

9.5. Within this period, the owner of the personal data base shall inform the personal data subject that the request will be granted or the relevant personal data will not be provided, indicating the grounds specified in the relevant regulatory legal act.

9.6. The request shall be satisfied within thirty calendar days from the date of its receipt, unless otherwise provided by law.