Content
1. General concepts and scope.
2. List of personal databases.
3. Purpose of personal data processing.
4. The procedure for processing personal data: obtaining consent, reporting rights and actions with personal data of the subject of personal data.
5. Location of the personal database.
6. Conditions for disclosing information about personal data to third parties.
7. Protection of personal data: methods of protection, the person in charge, employees who directly process and/or have access to personal data in connection with the performance of their official duties, the period of storage of personal data.
8. Rights of the subject of personal data.
9. Procedure for handling requests of the subject of personal data.
1. GENERAL CONCEPTS AND SCOPE
1.1. Definition of terms:
Personal database – a named set of ordered personal data in electronic form and/or in the form of personal data files;
A responsible person – a specific person who organizes work related to the protection of personal data during their processing under the law;
The owner of the personal database is an individual or legal entity who is granted the right to process these data by law or with the consent of the subject of personal data, who approves the purpose of personal data processing in this database, establishes the composition of these data and the procedures for their processing unless otherwise specified by law ;
Consent of the subject of personal data – a voluntary expression of the will of an individual (subject to his knowledge) to grant permission to process his personal data according to the stated purpose of their processing, expressed in writing or in a form that makes it possible to conclude that consent has been provided;
Anonymization of personal data – the seizure of information that allows you to identify a person;
Processing of personal data – 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 distribution (distribution, sale, transfer), anonymization, destruction of information about an individual;
Personal data – information or a set of information about an individual that 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 subject of personal data interacts with the services offered by our partners as advertising services, for example, which may appear on other sites that have been explicitly made public by the subject of personal data, and other data;
A manager of the personal database is an individual or legal entity who is granted the right to process these data by the owner of the personal database or by law.
The person who has been instructed by the owner and / or manager of the personal data base to perform technical work with the personal data base without access to the content of personal data is not the manager of the personal data base; Personal data subject is an individual in respect of whom, under the law, the processing of his personal data is performed;
Third-party – any person, except for the subject of personal data, the owner or manager of the personal database and the authorized state body for the protection of personal data, to whom the owner or manager of the database transfers personal data under the law;
Special categories of data are 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 sex life.
1.2. This Regulation is mandatory for use by the responsible person and the Kinderly employees who directly process and/or have access to personal data in connection with the performance of their official duties.
2. LIST OF PERSONAL DATABASES
2.1. Kinderly is the owner of the following personal databases:
• personal database of counterparties.
3. PURPOSE OF PERSONAL DATA PROCESSING
3.1. The purpose of personal data processing in the system is to store and maintain the contractors’ data in pursuance of Articles 6, 7 of the Law of Ukraine “On the Protection of Personal Data”.
3.2. The purpose of personal data processing is to ensure the implementation of civil law relations, the provision/receipt and making payments for purchased goods/services following the Tax Code of Ukraine, the Law of Ukraine “On accounting and financial reporting in Ukraine”, and other obligations imposed by the law on the owner of personal data, to protect the legitimate interests of the owner of personal data or a third party to whom personal data is transferred.
3.3. The purpose of personal data processing is the creation and implementation of programs, sending messages in the form of emails, messages in Viber, Facebook, Instagram, SMS messages; to improve the quality of service provision and formation of ratings; to analyse activity, to perform keyword searches, to send information and marketing newsletters (news, company promotions, information about promotions, personal recommendations, personal discounts and offers) that contain information about goods and/or services, advertising and commercial offers for such goods and/or services, etc.
4. THE PROCEDURE OF PERSONAL DATA PROCESSING.
Obtaining consent, reporting of rights and actions with personal data of the subject of personal data.
4.1. The personal data processing used to fulfil the purpose of processing provided for in clause 3.2 of this Regulation is carried out based on Article 11 of the Law of Ukraine “On the Protection of Personal Data”.
4.2. The processing of personal data used to fulfil the purpose of processing provided for in clause 3.3 of this Regulation is carried out based on the consent of the subject of personal data or for the execution of offers accepted by the subject of personal data, including the registration of subscriptions.
4.2.1. The consent of the subject of personal data must be a voluntary expression of the will of an individual to grant permission to process his personal data according to the stated purpose of their processing. The consent of the subject of personal data can be provided in the following forms:
- A document in hard copy with details, allowing the identification of this document and an individual;
- An electronic document, which must contain mandatory details to identify this document and the individual. It is advisable to certify the voluntary expression of the will of an individual to grant permission for the processing of his personal data with the electronic signature of the subject of personal data.
- A mark on the electronic page of the document or in the electronic file, which is processed in the information system based on documented software and hardware solutions.
4.3. Notification of the personal data subject about the inclusion of his personal data in the database, the rights defined by the Law of Ukraine “On the Protection of Personal Data”, the purpose of collecting data and the persons to whom his personal data is transferred, is carried out when registering civil law relations under the current legislation.
4.4. The processing of personal data about racial or ethnic origin, political, religious or ideological beliefs, membership in political parties and trade unions, and data related to health or sex life (special categories of data) is prohibited.
5. THE LOCATION OF THE PERSONAL DATABASE
5.1. The personal databases specified in section 2 of this Regulation are located at the Kinderly’s address.
6.TERMS OF DISCLOSURE OF INFORMATION ON PERSONAL DATA TO THIRD PARTIES
6.1. The procedure of third parties’ access to personal data is specified by the terms of Use agreement of the subject of personal data provided to the owner of the personal database for processing this data, in order to fulfil the obligations assumed to the subject of personal data or in accordance with the requirements of the law.
6.2. Access to personal data to a third party is not provided 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 cannot provide them.
6.3. The subject of relations related to personal data submits a request for access (hereinafter referred to as the Request) to personal data to the owner of the personal database.
6.4. The request specifies:
- last name, first name, patronymic name, place of residence (location) and details of the document certifying the individual who submits the request (for the individual – the applicant);
- name, location of the legal entity submitting the request, position, surname, first name, patronymic of the person certifying the request; confirmation that the content of the request complies with the powers of the legal entity (for the legal entity – the applicant);
- surname, first name, patronymic name, as well as other information that allows you to identify the individual in respect of whom the request is made;
- information about the personal database concerning which the request is submitted, or information about the owner or manager of this database;
- list of requested personal data;
- the purpose of the request.
6.5. The term for studying a request for its satisfaction cannot exceed ten working days from the date of its receipt.
During this period, the owner of the personal database notifies the person submitting the request that the request will be satisfied or the corresponding personal data will not be provided, indicating the grounds specified 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. All employees of the owner of the personal database are obliged to comply with the confidentiality requirements concerning personal data and information on securities accounts and securities turnover.
6.7. The 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. At the same time, the total period for resolving the issues raised in the request cannot exceed forty-five calendar days.
6.8. The postponement message is brought to the notice of the third party who submitted the request, in writing, with an explanation of the procedure for appealing such a decision.
6.9. The postponement message indicates:
- surname, first name, patronymic name of the official;
- date of sending the message;
- the reason for the delay;
- the period during which the request will be satisfied.
6.10. Denial of access to personal data is allowed if access to them is prohibited by law.
6.11. The refusal message indicates:
- surname, first name, patronymic name of the official who denies access;
- date of sending the message;
- rejection reason.
6.12. The decision to postpone or deny access to personal data can be appealed to the authorized state body for the protection of personal data, other state authorities and local authorities, whose powers include the protection of personal data, or in court.
7. PROTECTION OF PERSONAL DATA:
methods of protection, the person in charge, employees who directly process and/or have access to personal data in connection with the performance of their official duties, the period of storage of personal data.
7.1. The owner of the personal database is equipped with system and software and hardware and communication facilities that prevent the loss, theft, unauthorized destruction, distortion, forgery, 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 under the law. The person in charge is determined by the order of the owner of the personal database.
The responsibilities of the responsible person for organizing work related to the protection of personal data during their processing are indicated in the job description.
7.3. The person in charge is obliged:
- to know the legislation of Ukraine in the field of personal data protection;
- to develop procedures for accessing personal data of employees according to their professional or official or labour duties;
- to ensure that the employees of the owner of the personal database comply with the requirements of the legislation of Ukraine in the field of personal data protection and internal documents governing the activities of the owner of the personal database on 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 regulating the activities of the owner of the personal database on the processing and protection of personal data in personal databases, which, in particular, should contain norms on the frequency of implementation such control;
- to inform the owner of the personal database about the 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 owner of the personal database on the processing and protection of personal data in personal databases, no later than one working day from the moment such violations;
- to ensure the storage of documents confirming the provision by the subject of personal data of consent to the processing of his personal data and notification of the specified subject of his rights.
7.4. To fulfil his duties, the person in charge has the right:
- to receive the necessary documents, including orders and other administrative documents issued by the owner of the personal database, related to the processing of personal data;
- to make copies of received documents, including copies of files, any records stored in local computer networks and autonomous computer systems;
- to participate in the discussion of the duties performed by him in organizing work related to the protection of personal data during their processing;
- to submit proposals for improving activities and improving working methods, submit comments and options for eliminating identified deficiencies in the process of personal data processing;
- to receive explanations on the implementation of the processing of personal data;
- to sign and endorse documents within their competence.
7.5. The employees who directly process and/or have access to personal data in connection with the performance of their official (labour) duties are obliged to comply with the requirements of the legislation of Ukraine in the field of personal data protection and internal documents on the processing and protection of personal data in personal databases.
7.6. The employees who have access to personal data, including processing them, are obliged not to disclose in any way personal data that was entrusted to them or that became known in connection with the performance of professional or official or labour duties. Such an obligation is valid after the termination of their activities related to personal data, except as otherwise provided by law.
7.7. The persons who have access to personal data, including those who process them, in the event of their violation of the requirements of the Law of Ukraine “On the Protection of Personal Data”, incur the liability according to the legislation of Ukraine.
7.8. Personal data should not be stored longer than is necessary for the purpose for which such data are stored, but in any case, no longer than the storage period of the data determined by the consent of the subject of personal data to the processing of this data.
8. RIGHTS OF THE SUBJECT OF PERSONAL DATA
8.1. The personal data subject has the right:
- to know about the location of the personal database containing his personal data, its purpose and name, the location and/or place of residence (stay) of the owner or manager of this database, or give an appropriate order to receive this information to persons authorized by him, except as otherwise provided by law;
- to receive information about the conditions for providing access to personal data, including information about third parties to whom his personal data contained in the corresponding personal database are transferred;
- to access his personal data contained in the relevant personal database;
- to receive, no later than thirty calendar days from the date of receipt of the request, except in cases provided for by law, an answer about whether his personal data are stored in the corresponding database of personal data, as well as to receive the content of his personal data that are stored;
- to submit a reasoned demand with an objection to the processing of their personal data by state authorities, local authorities in the exercise of powers provided for by law;
- to submit a reasoned demand to change or destroy his personal data by any owner and manager of this database, if these data are processed illegally or are unreliable;
- to protect his personal data from illegal processing and accidental loss, destruction, damage due to deliberate concealment, failure to provide or untimely provision of them, as well as to protect against the provision of information that is inaccurate or defaming the honour, dignity and business reputation of an individual;
- to apply for the protection of his rights regarding personal data to state authorities, local authorities, whose powers include the implementation of the protection of personal data;
- to apply legal remedies in case of violation of legislation on the protection of personal data.
9. Procedure for Handling Requests of the Subject of Personal Data.
9.1. The subject of personal data has the right to receive any information about himself from any subject of relations related to personal data, without specifying the purpose of the request, except as otherwise provided by law.
9.2. The access of the subject of personal data to data about himself is free of charge.
9.3. The subject of personal data submits a request for access (hereinafter referred to as the request) to personal data to the owner of the personal database.
The request specifies:
- last name, first name, patronymic name, place of residence (location) and details of the identity document
of the subject of personal data; - other information that allows identifying the identity of the subject of personal data;
- information about the personal database concerning which the request is submitted, or information about the owner or manager of this database;
- a list of requested personal data.
9.4. The term for studying a request for its satisfaction cannot exceed ten working days from the date of its receipt.
9.5. During this period, the owner of the personal database notifies the subject of personal data that the request will be satisfied or that the corresponding personal data is not subject to the provision, indicating the grounds specified in the relevant regulatory legal act.
9.6. The request is satisfied within thirty calendar days from the date of its receipt unless otherwise provided by law.