who we are
Our website address: https://xenum.ua.
Position
on the processing and protection of personal data in personal data bases owned by the seller
Content
1. General concepts and scope of application.
2. List of personal data bases owned by the seller.
3. Purpose of personal data processing.
4. The procedure for processing personal data: obtaining consent, notification of rights and actions with personal data of the subject of personal data.
5. Location of the personal data base.
6. Terms of disclosure of personal data to third parties.
7. Protection of personal data.
8. Rights of the subject of personal data.
9. State registration of personal data base.
1. General concepts and scope of application
1.1. Definition of terms:
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;
the owner of personal data - a natural or legal person who is granted the right to process this data by law or with the consent of the subject of personal data, who approves the purpose of processing personal data, establishes the composition of this data and the procedures for their processing, unless otherwise specified by law;
The State Register of Personal Data Bases is a single state information system for collecting, accumulating and processing information on registered personal data bases;
publicly available sources of personal data - directories, address books, registers, lists, catalogs, other systematized collections of open information that contain personal data, posted and published with the knowledge of the subject of personal data;
consent of the subject of personal data - a voluntary expression of the will of a natural person (provided that he is informed) regarding the granting of permission for the processing of his personal data in accordance with the stated purpose of their processing, expressed in writing or in a form that makes it possible to draw a conclusion about its provision;
depersonalization of personal data – removal of information that allows to directly or indirectly identify a person;
processing of personal data - any action or set of actions, such as collection, registration, accumulation, storage, adaptation, change, renewal, use and distribution (distribution, realization, transfer), depersonalization, destruction of personal data, including using information (automated) systems; recipient - a natural or legal entity to which personal data is provided, including a third party;
personal data - information or a set of information about a natural person who is identified or can be specifically identified;
controller of personal data – a natural or legal person who is authorized by the owner of personal data or by law to process this data on behalf of the owner;
subject of personal data - a natural person whose personal data is processed in accordance with the law;
third party - any person, with the exception of the subject of personal data, the owner or manager of personal data and the authorized state body for personal data protection, to whom the owner or manager of personal data transfers personal data in accordance with the law.
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 and official duties.
2. List of personal data bases owned by the seller
2.1. The seller is the owner of the following personal data bases:
- "Counterparties".
3. Purpose of personal data processing.
3.1. The purpose of the processing of personal data contained in the personal data base of "Contractants" is to ensure the implementation of administrative and legal relations, tax relations, relations in the field of accounting and statistical accounting and reporting, relations in the field of advertising and collection of personal data for commercial purposes, which are regulated by the Law of Ukraine "On Accounting and Financial Reporting in Ukraine", the Tax Code of Ukraine, the Civil Code of Ukraine, the Economic Code of Ukraine, the Law of Ukraine "On State Statistics", the Law of Ukraine "On Advertising", the Order of the Ministry of Finance of Ukraine "On Approving the Regulation on Documentary Support accounting entries" and other current legislation of Ukraine.
Processing of personal data is carried out openly and transparently using means and in a manner that correspond to the defined purposes of such processing.
4. The procedure for processing personal data: obtaining consent, notification of rights and actions with personal data of the subject of personal data
4.1. The consent of the subject of personal data must be documented, in particular in writing, a voluntary expression of the individual's will to grant permission for the processing of his personal data in accordance with the formulated purpose of their processing.
4.2. The consent of the subject of personal data must be given by the signature of the subject of personal data:
– the text of the consent-message.
4.3. The use of personal data involves any actions of the owner regarding the processing of this data, actions regarding their protection, as well as actions regarding the provision of partial or full right to process personal data to other subjects of relations related to personal data, carried out with the consent of the subject subject of personal data or in accordance with the law.
The use of personal data by the owner is carried out in the event that he creates conditions for the protection of this data. The owner is prohibited from disclosing information about subjects of personal data, access to which personal data to other subjects of relations related to such data.
The use of personal data by employees of subjects of relations related to personal data should be carried out only in accordance with their professional or official or labor duties. These employees are obliged not to allow disclosure in any way of personal data entrusted to them or which became known in connection with the performance of professional or official or labor duties. Such an obligation is valid after they stop the activities related to personal data, except for cases established by law.
4.4. The collection of personal data is a component of the process of their processing, which involves the selection or arrangement of information about a natural person.
4.5. Accumulation of personal data involves actions related to the combination and systematization of information about an individual or a group of individuals or entering this data into a personal database.
4.6. The storage of personal data involves actions to ensure their integrity and the appropriate mode of access to them.
4.7. Dissemination of personal data involves the transfer of information about a natural person with the consent of the subject of personal data.
Dissemination of personal data without the consent of the subject of personal data or a person authorized by him is allowed in cases defined by law and in the interests of national security, economic well-being and human rights.
Fulfillment of the requirements of the established personal data protection regime is ensured by the party disseminating this data.
4.8. Personal data in personal data bases are destroyed in accordance with the procedure established in accordance with the requirements of the Law of Ukraine "On the Protection of Personal Data".
4.9. Processing of personal data on racial or ethnic origin, political, religious or ideological beliefs, membership in political parties and trade unions, accusations of committing a crime or conviction for a criminal sentence, as well as data relating to health or sexual life (special categories of data ) is prohibited.
5. Location of the personal data base
5.1. The personal data base specified in section 2 of this Regulation is located at the address of the seller.
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 consent of the subject of personal data, given by the owner of personal data to 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 specified person refuses to undertake obligations to ensure compliance with the requirements of the Law of Ukraine "On the Protection of Personal Data" or is unable to ensure them.
6.3. The subject of relations related to personal data submits a request for access (hereinafter - a request) to personal data to the owner of personal data.
6.4. The request states:
surname, first name and patronymic, place of residence (place of stay) and details of the document certifying the natural person submitting the request (for a natural person - the 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 authority of the legal entity (for the legal entity – the applicant);
surname, first name and patronymic, as well as other information that makes it possible to identify the natural person in respect of whom the request is made;
information about the personal data base in respect of which the request is submitted, or information about the owner or administrator of this personal data base;
list of requested personal data;
the purpose and/or legal basis for the request.
6.5. The term of examining the request for its satisfaction cannot exceed ten working days from the date of its receipt.
During this period, the owner of the personal data base informs the person who submits the request that the request will be satisfied or that the relevant personal data are not subject to provision, indicating the grounds defined in the relevant regulatory legal act.
The request is satisfied within thirty calendar days from the date of its receipt, unless otherwise provided by law.
6.6. Delaying 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. At the same time, the total term for solving the issues raised in the request cannot exceed forty-five calendar days.
6.7. The notice of postponement is brought to the attention of the third person who submitted the request in writing with an explanation of the procedure for appealing such a decision.
6.8. The notice of postponement states:
surname, first name and patronymic of the official;
the date of sending the message;
the reason for the delay;
the period during which the request will be granted.
6.9. Denial of access to personal data is permitted if access to it is prohibited by law.
6.10. The rejection notice states:
last name, first name, patronymic of the official denying access;
the date of sending the message;
reason for refusal.
6.11. The decision to delay or deny access to personal data may be appealed to the court.
7. Protection of personal data
7.1. Protection of personal data rests with the owner of personal data.
7.2. The manager's order determines the responsible person who processes personal data in accordance with the law.
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;
ensure familiarization and compliance with the requirements of Ukrainian legislation in the field of personal data protection;
ensure access of personal data subjects to their own personal data;
informs the manager and administrator of the personal data base about violations of the established procedures for processing personal data.
7.4. In order to fulfill his duties, the responsible person has the right to:
receive the necessary documents, including orders and other administrative documents issued by the manager, related to the processing of personal data;
make copies of received documents, including copies of files, any records stored in local computer networks and autonomous computer systems;
access to all premises, documents, means of telecommunications;
to participate in the discussion of the duties performed by him in the organization of work related to the protection of personal data during their processing;
submit proposals for improvement of the company's activities and improvement of work methods for consideration by the manager, submit comments on activities and options for eliminating identified deficiencies in the process of personal data processing;
to sign and certify documents within their competence.
7.5. Persons 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 regulating activities related to processing and protection of personal data in personal databases.
7.6. Persons who have access to personal data, including those who carry out their processing, are obliged not to allow the disclosure in any way of personal data entrusted to them or which became known in connection with the performance of professional or official or labor duties of the Such an obligation is valid after they stop their activities related to personal data, except for cases established by law.
7.8. 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 the Protection of Personal Data", are responsible in accordance with the legislation of Ukraine.
7.9. Personal data must not be stored longer than is necessary for the purpose for which such data is stored, but in any case not longer than the data storage period determined by the consent of the subject of personal data to the processing of this data and/or labor legislation.
8. Rights of the subject of personal data
8.1. The subject of personal data has the right:
to know the location of the personal data base that contains his personal data, its purpose and name, location and/or place of residence (residence) of the owner or manager of this personal data base or to give the appropriate instructions for obtaining this information to persons authorized by him, except for the cases established by law;
to receive information about the conditions of providing access to personal data, in particular information about third parties to whom his personal data is transferred;
to access your personal data;
to receive no later than thirty calendar days from the date of receipt of the request, except in cases provided by law, an answer on whether his personal data is stored in the relevant personal data base, as well as to receive the contents of his personal data that are stored;
present a reasoned demand to the owner of personal data with an objection to the processing of his personal data;
make a reasoned demand for the change or destruction of your personal data by any owner and administrator of this personal data base, if these data are processed illegally or are unreliable;
to protect your personal data from illegal processing and accidental loss, destruction, damage due to intentional concealment, failure to provide or untimely provision of them, as well as protection from providing information that is unreliable or disgraces the honor, dignity and business reputation of a natural person ;
file complaints about the processing of your personal data to state authorities and officials whose powers include ensuring the protection of personal data, or to the court;
apply legal remedies in case of violation of the legislation on the protection of personal data;
enter a reservation regarding the limitation of the right to process your personal data when giving consent;
withdraw consent to the processing of personal data;
know the mechanism of automatic processing of personal data;
to protect against an automated decision that has legal consequences for him.
9. State registration of personal data base
9.1. State registration of personal data bases is carried out in accordance with Article 9 of the Law of Ukraine "On the Protection of Personal Data".