Consent to the processing of personal data
Consent to the processing, storage, distribution of personal data
This consent of the subject of personal data regarding the processing of his personal data was developed in accordance with the Law of Ukraine dated 01.06.2010 No. 2297-VI "On the protection of personal data" as amended on 21.12.2019 (hereinafter - the "Law") and defines the main provisions regarding processing, use, distribution, protection, collection, accumulation and other necessary actions with personal data, concluded between the Natural Person-entrepreneur "Tsaturyan Kateryna Artemivna", EDRPOU code 3550712609 (hereinafter - FOP, Owner/Manager of personal data) and natural persons - " Subject of personal data"), entering into contractual relations with the FOP.
• Definition of Terms
Personal data base - a named collection of organized personal data in electronic form and/or in the form of personal data files.
Processing of personal data - any action or set of actions, such as collection, registration, accumulation, storage, adaptation, change, renewal, use and distribution (dissemination, implementation, transfer), depersonalization, destruction of personal data, including using information (automated) systems.
Blocking of personal data – temporary suspension of processing of personal data.
The owner of personal data is a natural or legal entity that determines the purpose of processing personal data, establishes the composition of this data and the procedures for its processing, unless otherwise specified by law.
Recipient - a natural or legal person to whom personal data is provided, including a third party;
Third party - any person, with the exception of the subject of personal data, the owner or manager of personal data and the Commissioner of the Verkhovna Rada of Ukraine for human rights, to whom the owner or manager of personal data transfers personal data.
Use of personal data - any actions of the owner on the processing of this data, actions on their protection, as well as actions on granting 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 objects of the object of personal data or in accordance with the law.
Collection of personal data - actions related to the selection or arrangement of information about a natural person.
Accumulation of personal data - actions related to combining and systematizing information about an individual or a group of individuals or entering this data into a personal database.
Dissemination of personal data - actions related to the transfer of information about a natural person with the consent of the subject of personal data.
Cross-border transfer of personal data - transfer of personal data to the territory of a foreign state to a foreign authority, a foreign natural person or a foreign legal entity.
Destruction of personal data – actions as a result of which it becomes impossible to restore the content of personal data in the information system of personal data and (or) as a result of which material carriers of personal data are destroyed.
Subject of personal data - a natural person voluntarily and with full awareness of the consequences provides his personal data to the owners and/or Administrator of personal data.
The consent of the subject of personal data is a voluntary expression of the will of a natural person (provided that he is aware) to grant 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 allows us to conclude that consent has been given.
Personal data - information or a set of information about a natural person who is identified or can be identified.
• general provisions
2.1 The FOP carries out processing, storage and use of personal data, and also determines the purposes of personal data processing, the composition of personal data to be processed, as well as actions (operations) performed with personal data, namely:
2.1.1. Collection of personal data;
2.1.2. Accumulation and storage of personal data;
2.1.3. Distribution of personal data;
2.1.4. use of personal data;
2.1.5. Restoration of personal data;
2.1.6. Destruction of personal data;
2.1.7. Inclusion of personal data in databases;
2.1.8. Depersonalization of personal data;
2.1.9. Other actions regarding personal data that are necessary for the purposes of this Agreement.
2.2 The FOP processes and stores personal data in accordance with the Law of Ukraine "On the Protection of Personal Data" and other normative legal acts of the legislation of Ukraine.
2.3. This consent also applies to cases where the FOP acts as a third party, processes the personal data of the subjects on behalf of another owner/manager of personal data or other persons who provide intermediary services to the FOP and receive the personal data of the subjects of personal data for the purpose of further execution personal data conclusion and execution of agreements (contracts) between the FOP and such personal data subjects.
• Principles of personal data processing
3.1 FOP accepts and ensures the following principles of personal data processing:
3.1.1. personal data must be processed only on legal grounds;
3.1.2. processing is carried out on the condition that the subject of personal data gives consent to the processing of such data;
3.1.3. only personal data corresponding to the purposes of their processing shall be processed;
3.1.4. the content and volume of processed personal data must correspond to the stated purposes of processing;
3.1.5. when processing personal data, the accuracy of personal data, their sufficiency, and, in necessary cases, relevance in relation to the purposes of personal data processing must be ensured;
3.1.6. personal data must be processed in compliance with data protection requirements;
3.1.7. personal data should not be transferred to foreign subjects of relations related to personal data, if in the jurisdictions of such foreign subjects adequate protection of personal data is not ensured;
3.1.8. processed personal data are subject to destruction or depersonalization after achieving the goals of processing or in case of loss of the need to achieve these goals, unless otherwise provided by this agreement or other legislation of Ukraine;
3.1.9. upon obtaining access to personal data, the FOP is obliged not to disclose to third parties and not to distribute personal data without the consent of the subject of personal data, unless otherwise provided for by this agreement or other legislation of Ukraine.
3.1.10. The subject of personal data of personal data by joining the terms of this Agreement gives his consent to the entry and use of his personal data in the User Database and to the processing of his personal data by the Owner (in particular, to the collection, registration, accumulation, storage, adaptation, change, renewal , use and distribution, depersonalization, destruction of personal data, including using information (automated) systems and other actions that the Owner may take with his personal data: name, surname, patronymic, number of means of communication, electronic identification data (IP address, telephone, e-mail), data on place of residence, as well as other personal data and information provided in compliance with the requirements of current legislation and/or voluntarily by the Subject of personal data of the owner solely for the purpose of registering the Subject of personal data data in the user database directly to the Subject of personal data of postal messages and sms messages, including, deceptive and informational mailings, with the aim of ensuring the implementation of civil-legal and economic-legal relations, carrying out calculations, accounting and tax accounting, for communication and contractual relations with state bodies, counterparties and other third parties in the course of economic activity, as well as for other purposes that do not contradict the current legislation.
• Terms and Conditions of Processing
4.1. Processing of personal data of the FOP is carried out in the following cases:
4.1.1. on the condition that the subject of personal data gives consent to the processing of such data, which is expressed in writing or in a form that allows us to conclude that consent has been given;
4.1.2. necessary for the exercise of the rights and legitimate interests of the FOP or third parties or for the achievement of public interests;
4.1.3. necessary for the performance of a contract to which the beneficiary or guarantor is a party, to which the subject of personal data is a party, as well as to conclude a contract at the initiative of the subject of personal data or a contract under which the subject of personal data will be the beneficiary or guarantor;
4.1.4. necessary for the exercise of the rights and obligations of the subject of personal data in the field of labor relations in accordance with the law with the provision of appropriate protection.
Processing of personal data
5.1. When processing personal data, the FOP performs the following actions (operations) or a set of actions (operations), with the use of automation tools or without the use of such tools with personal data: collection, recording, systematization, accumulation, storage, clarification (updating, changing), extraction, use, transfer (distribution, provision, access), depersonalization, blocking, deletion and destruction, except when a narrower set of actions with personal data is determined by the mandate of the subject of personal data on whose behalf the FOP acts, or follows from the processing conditions personal data.
5.2. Processing of special categories of personal data relating to race, nationality, political views, religious or philosophical beliefs, state of health, intimate life, private life, information about the membership of the subject of personal data in public associations or their trade union activities is not is carried out
5.3. The subject of personal data may withdraw this consent by sending a written notice to the owners at least 90 (ninety) days before the intended date of withdrawal of this consent. The subject of personal data agrees that the Owner is not obliged to stop processing personal data and destroy the personal data of the Subject of personal data during the specified period. The revocation will not have retroactive effect on personal data processed before such revocation takes effect.
5.4. The Owner / Manager of personal data undertakes, in accordance with the requirements of the legislation of Ukraine in the field of personal data protection, to ensure adequate protection of personal data from illegal processing, as well as from illegal access to them, including taking the necessary measures to prevent the disclosure of personal data by employees and/or by other authorized persons of the owners to whom such personal data were entrusted or which became known in connection with the execution of the Agreement.
• requirements for storage and destruction of personal data
6.1. Personal data shall be deleted or destroyed in case of:
6.1.1. the term of data storage, certain consent of the subject of personal data to the processing of this data or the law;
6.1.2. termination of the legal relationship between the subject of personal data and the owner or manager, unless otherwise provided by law;
6.1.3. entry into legal force of a court decision to delete or destroy personal data.
6.2. The period of storage of personal data is 3 (three) years from the date of the provision of personal data by the subject of this consent.
6.3. After the expiration of the period of storage of personal data provided for in clause 6.2. of this Agreement, the Owner and/or Administrator of personal data has the right to automatically extend the storage period of personal data for 3 (three) years, if the subject of personal data does not require the destruction of personal data after the expiration of the storage period of personal data.
• For personal data protection
7.1. Owners, administrators of personal data and third parties are obliged to ensure the protection of this data from accidental loss or destruction, from illegal processing, including illegal destruction or access to personal data.
7.2. The owner is not responsible for any processing, failure to ensure the regime of access and protection of personal data of personal data subjects by third parties, including employees of the owner, if providing access to such personal data (or other action that created the possibility of further unauthorized processing by third parties persons) was committed by the Owner or another person with the permission of the subject of personal data outside of the performance of obligations under the Agreement for personal purposes or other purposes not related to the performance of duties regarding the KZVVR, using technical means or other materials/equipment the owner
• Other conditions
8.1. The subject of personal data joins and accepts the terms of this Agreement by providing written consent or consent in a form that makes it possible to conclude that the subject of personal data has given consent and to identify such subject of personal data.
8.2. The subject of personal data joins this Agreement by freely expressing his will, without any coercion and being aware of the legal consequences of this Agreement.
8.3. By joining this Agreement, the subject of personal data confirms that the provisions of this Agreement are clear and understandable to him.
8.4. The destruction of the personal data of the subject of personal data is carried out in case of the request of the subject of personal data to destroy his personal data within the terms stipulated in clauses 6.2-6.3 of this Agreement.
8.5. This Agreement is considered concluded and becomes legally binding from the moment the subject of personal data joins the terms of this Agreement.
8.6. The text of this Agreement is available on the website of the owner/manager of personal data, accessible to an unlimited number of persons.