HOG | User Agreement

Regulations on the Processing and Protection of Personal Data in Personal Data Databases Owned by the Seller

General Terms and Scope of Application
List of Personal Data Databases
Purpose of Personal Data Processing
Procedure for Processing Personal Data: obtaining consent, notification of rights, and actions involving the personal data of the personal data subject
Location of the Personal Data Database
Conditions for Disclosure of Information on Personal Data to Third Parties
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, period of storage of personal data
Rights of the Personal Data Subject
Procedure for Handling Requests of the Personal Data Subject
State Registration of the Personal Data Database

1. General Terms and Scope of Application

1.1. Definitions of terms:

personal data database means a named set of organized personal data in electronic form and/or in the form of personal data files;

responsible person means a designated 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 means an individual or legal entity that is granted the right by law or by the consent of the personal data subject to process such data, which approves the purpose of personal data processing in this database, determines the composition of such data and the procedures for their processing, unless otherwise provided by law;

State Register of Personal Data Databases means the unified state information system for the collection, accumulation, and processing of information on registered personal data databases;

publicly available sources of personal data means directories, address books, registers, lists, catalogs, and other systematized collections of open information that contain personal data and are placed and published with the knowledge of the personal data subject. Social networks and internet resources in which the personal data subject leaves his or her personal data are not considered publicly available sources of personal data, except where the personal data subject expressly states that such personal data is placed for the purpose of its free distribution and use;

consent of the personal data subject means any documented, voluntary expression of will of an individual regarding the granting of permission for the processing of his or her personal data in accordance with the formulated purpose of such processing;

depersonalization of personal data means removal of information that makes it possible to identify a person;

processing of personal data means any action or set of actions performed in full or in part in an information (automated) system and/or in personal data files, related to collection, registration, accumulation, storage, adaptation, modification, renewal, use, dissemination (distribution, sale, transfer), depersonalization, and destruction of information about an individual;

personal data means information or a set of information about an individual who is identified or can be specifically identified;

manager of the personal data database means an individual or legal entity that is granted by the owner of the personal data database or by law the right to process such data. A person entrusted by the owner and/or manager of the personal data database to carry out technical work with the personal data database without access to the content of the personal data shall not be deemed the manager of the personal data database;

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

third party means any person other than the personal data subject, the owner or manager of the personal data database, and the authorized state body for personal data protection, to whom personal data is transferred by the owner or manager of the personal data database in accordance with the law;

special categories of data means personal data revealing racial or ethnic origin, political, religious or ideological beliefs, membership in political parties and trade unions, as well as data relating to health or sex life.

1.2. These Regulations are 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:

database of counterparties' personal data.

3. Purpose of Personal Data Processing

3.1. The purpose of personal data processing in the system is to ensure the implementation of civil law relations, provision, receipt, and settlement for purchased goods and services in accordance with the Tax Code of Ukraine and the Law of Ukraine "On Accounting and Financial Reporting in Ukraine".

4. Procedure for Processing Personal Data: obtaining consent, notification of rights, and actions involving 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 an individual regarding permission to process his or her personal data in accordance with the formulated purpose of such processing.

4.2. The consent of the personal data subject may be provided in the following forms:

a paper document containing details that make it possible to identify the document and the individual;
an electronic document that must contain mandatory details that make it possible to identify the document and the individual. It is advisable to certify the voluntary expression of will of an individual to permit the processing of his or her personal data with the electronic signature of the personal data subject;
a mark on the electronic page of a document or in an electronic file processed in the information system on the basis of documented software and technical solutions.

4.3. The personal data subject shall be informed of inclusion of his or her personal data in the personal data database, of the rights defined by the Law of Ukraine "On Personal Data Protection", of the purpose of data collection, and of the persons to whom such personal data is transferred, at the time of collection of the personal data.

4.4. Processing of personal data for a purpose other than that defined in the consent of the personal data subject is permitted in cases established by law.

5. Location of the Personal Data Database

5.1. The personal data databases are located at the Seller's place of business and/or on servers and technical facilities used by the Seller in the course of conducting business activity and ensuring the operation of the website.

6. Conditions for Disclosure of Information on Personal Data to Third Parties

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

6.2. Access to personal data of a third party shall not be granted if such third party refuses to assume 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 shall submit a request for access to personal data to the owner of the personal data database.

6.4. The request shall state:

surname, first name and patronymic, place of residence (place of stay), and details of the identity document of the individual submitting the request, for an individual applicant;
name and location of the legal entity submitting the request, position, surname, first name and patronymic of the person certifying the request, and 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 that makes it possible to identify the individual in respect of whom the request is made;
information about the personal data database in respect of which the request is submitted, or information about the owner or manager of this personal data database;
the list of personal data requested;
the purpose and/or legal grounds for the request.

6.5. The period for studying 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 database shall inform the person submitting the request that the request will be satisfied or that the relevant personal data is not subject to provision, indicating the grounds specified by the relevant legal act.

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

6.7. Postponement of access to personal data is allowed where the necessary data cannot be provided within thirty calendar days from the date of receipt of the request. In such case, the total period for resolving the issues raised in the request may not exceed forty-five calendar days.

6.8. Notice of postponement shall be communicated to the person who submitted the request in writing, explaining the procedure for appeal against such decision.

6.9. The notice of postponement shall state:

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

6.10. Refusal of access to personal data is allowed if access to them is prohibited by law.

6.11. The notice of refusal shall state:

surname, first name and patronymic of the official refusing access;
date of sending the notice;
reason for refusal.

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, period of storage of personal data

7.1. The owner of the personal data database shall equip system and software-technical means and means of communication that prevent loss, theft, unauthorized destruction, distortion, falsification, 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 in accordance with the law. The responsible person is determined by order of the owner of the personal data database.

7.3. The duties of the responsible person regarding organization of work related to personal data protection during their processing are specified in the job description.

7.4. The responsible person shall:

know the legislation of Ukraine in the field of personal data protection;
develop procedures for access to personal data of employees in accordance with their professional, official, or labor duties;
ensure that employees of the owner of the personal data database comply 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 data database regarding processing and protection of personal data in personal data databases;
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 data database regarding processing and protection of personal data in personal data databases, which, in particular, must contain rules on the frequency of such control;
inform the owner of the personal data database of 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 data database regarding processing and protection of personal data in personal data databases no later than one business day from the moment such violations are detected;
ensure preservation of documents confirming the personal data subject's consent to the processing of his or her personal data and notification of the said subject about his or her rights.

7.5. To perform his or her duties, the responsible person has the right to:

receive necessary documents, including orders and other administrative documents issued by the owner of the personal data database, related to the processing of personal data;
make copies of received documents, including copies of files and any records stored in local computer networks and standalone computer systems;
participate in discussions of the performance of his or her duties related to organizing work associated with protection of personal data during their processing;
submit proposals for improving activities and working methods, as well as comments and options for elimination of identified shortcomings in the process of personal data processing;
receive explanations on issues relating to the processing of personal data;
sign and endorse documents within the limits of his or her competence.

7.6. 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 concerning the processing and protection of personal data in personal data databases.

7.7. Employees who have access to personal data, including those who process them, are obliged not to allow disclosure in any way of personal data entrusted to them or that became known to them in connection with the performance of professional, official, or labor duties. Such obligation remains effective after termination of activities related to personal data, except in cases established by law.

7.8. Persons who have access to personal data, including those who process them, in the event of violation of the requirements of the Law of Ukraine "On Personal Data Protection" shall bear liability in accordance with the legislation of Ukraine.

7.9. Personal data shall not be stored longer than necessary for the purpose for which such data is stored, but in any case not longer than the period of storage of data 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 the location of the personal data database containing his or her personal data, its purpose and name, the location and/or place of residence (stay) of the owner or manager of this database, or give a corresponding authorization to obtain this information to persons authorized by him or her, except in cases established by law;
receive information on the conditions for granting access to personal data, including information about third parties to whom his or her personal data contained in the relevant personal data database is transferred;
access his or her 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 established by law, a response as to whether his or her personal data is stored in the relevant personal data database, and also receive the content of his or her personal data being stored;
submit a reasoned objection to the processing of his or her personal data by state authorities and local self-government bodies in the exercise of powers provided by law;
submit a reasoned demand regarding modification or destruction of his or her personal data by any owner and manager of this database if such data is processed unlawfully or is unreliable;
protection of his or her personal data from unlawful processing and accidental loss, destruction, damage in connection with intentional concealment, failure to provide or untimely provision of them, as well as protection from provision of information that is unreliable or discredits the honor, dignity, and business reputation of an individual;
apply to state authorities and local self-government bodies vested with powers to ensure protection of personal data regarding protection of his or her rights concerning personal data;
use legal remedies in case of violation of legislation on personal data protection.

9. Procedure for Handling Requests of the Personal Data Subject

9.1. The personal data subject has the right to receive any information about himself or herself from any subject of relations connected with personal data, without indicating the purpose of the request, except in cases established by law.

9.2. Access of the personal data subject to data about himself or herself shall be provided free of charge.

9.3. The personal data subject submits a request for access, hereinafter referred to as the "request", to personal data to the owner of the personal data database.

The request shall state:

surname, first name and patronymic, place of residence or place of stay, and details of the document certifying the identity of the personal data subject;
other information enabling identification of the personal data subject;
information about the personal data database in respect of which the request is submitted, or information about the owner or manager of this database;
the list of personal data requested.

9.4. The period for studying 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 database shall inform the personal data subject that the request will be satisfied or that the relevant personal data is not subject to provision, indicating the grounds specified by the relevant legal act.

9.5. The request shall be satisfied 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".

Informational note: this English version is provided for convenience only. In the event of any discrepancy or inconsistency, the Ukrainian version of this page shall prevail.

User Agreement