Komfort Online Store User Agreement

1.1. Definitions:

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

responsible person — a designated person who organises work related to the protection of personal data during its processing in accordance with the law;

owner of a personal data database — an individual or legal entity that, by law or with the consent of the personal data subject, has been granted the right to process such data, approves the purpose of processing personal data in the database, determines the composition of the data and the procedures for its processing, unless otherwise provided by law;

State Register of Personal Data Databases — a unified state information system for collecting, accumulating and processing information about registered personal data databases;

publicly available sources of personal data — directories, address books, registers, lists, catalogues and other organised collections of open information containing personal data that have been placed and published with the knowledge of the personal data subject. Social networks and internet resources in which personal data subjects leave their personal data are not considered publicly available sources of personal data, except where the personal data subject has expressly stated that the personal data were published for the purpose of their free distribution and use;

consent of the personal data subject — any documented and voluntary expression of will by an individual granting permission to process their personal data in accordance with the stated purpose of such processing;

depersonalisation of personal data — removal of information that makes it possible to identify an individual;

processing of personal data — any action or set of actions carried out wholly or partly in an information (automated) system and/or in personal data files and related to the collection, registration, accumulation, storage, adaptation, modification, updating, use and dissemination (distribution, sale, transfer), depersonalisation or 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;

administrator of a personal data database — an individual or legal entity authorised by the owner of a personal data database or by law to process such data. A person instructed by the owner and/or administrator of a personal data database to perform technical work with the database without access to the content of personal data is not considered an administrator of the personal data database;

personal data subject — an individual whose personal data are processed in accordance with the law;

third party — any person other than the personal data subject, the owner or administrator of the personal data database and the authorised state body for personal data protection to whom the owner or administrator of the personal data database transfers personal data in accordance with the law;

special categories of data — personal data concerning racial or ethnic origin, political, religious or philosophical beliefs, membership in political parties or trade unions, as well as data concerning health or sex life.

1.2. These Regulations are 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.

2.1. The Seller owns the following personal data databases:

• database of counterparties’ personal data.

3.1. The purpose of processing personal data in the system is to ensure the implementation of civil-law relations, the provision, receipt and settlement of payments 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”.

4.1. Consent of the personal data subject must be a voluntary expression of will by an individual granting permission to process their personal data in accordance with the stated purpose of such processing.

4.2. 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 containing mandatory details that make it possible to identify the document and the individual. The voluntary expression of will by an individual granting permission to process their personal data should, where appropriate, 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 within an information system on the basis of documented software and technical solutions.

4.3. Consent of the personal data subject is provided when civil-law relations are formalised in accordance with current legislation.

4.4. Notification of the personal data subject regarding the inclusion of their personal data in a personal data database, the rights established by the Law of Ukraine “On Personal Data Protection”, the purpose of collecting the data and the persons to whom the personal data are transferred is carried out when civil-law relations are formalised in accordance with current legislation.

4.5. Processing of personal data concerning racial or ethnic origin, political, religious or philosophical beliefs, membership in political parties or trade unions, as well as data concerning health or sex life (special categories of data), is prohibited.

5.1. The personal data databases specified in Section 2 of these Regulations are located at the Seller’s address.

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

6.2. Access to personal data shall not be granted to a third party if that party refuses to undertake obligations to ensure compliance with the requirements of the Law of Ukraine “On Personal Data Protection” or is unable to ensure such compliance.

6.3. A party to relations involving personal data shall submit a request for access (hereinafter — the request) to personal data to the personal data owner.

6.4. The request shall specify:

• surname, first name and patronymic, place of residence (or 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 legal entity’s authority (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 concerned by the request, or information about the owner or administrator of that database;
• the list of personal data requested;
• the purpose and/or legal grounds for the request.

6.5. The period for considering a request in order to determine whether it may be satisfied shall not exceed ten business days from the date of receipt. During this period, the owner of the personal data database shall inform the person who submitted the request whether the request will be satisfied or whether the relevant personal data are not subject to disclosure, stating the grounds established by the relevant regulatory legal act. The request shall be satisfied within thirty calendar days from the date of receipt unless otherwise provided by law.

6.6. Deferral of third-party access to personal data is permitted if the required data cannot be provided within thirty calendar days from the date the request is received. In such case, the total period for resolving the issues raised in the request may not exceed forty-five calendar days.

6.7. Notice of the deferral shall be provided in writing to the third party that submitted the request, together with an explanation of the procedure for appealing the decision.

6.8. The notice of deferral shall specify:

• surname, first name and patronymic of the official;
• date the notice was sent;
• reason for the deferral;
• period within which the request will be satisfied.

6.9. Access to personal data may be refused if access to such data is prohibited by law.

6.10. The notice of refusal shall specify:

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

6.11. A decision to defer or refuse access to personal data may be appealed in court.

7.1. The owner of the personal data database is equipped with system, software, technical and communication tools that prevent loss, theft, unauthorised destruction, distortion, falsification or copying of information and comply with international and national standards.

7.2. The responsible person organises work related to the protection of personal data during its processing in accordance with the law. The responsible person is appointed by an order of the owner of the personal data database.

The duties of the responsible person in organising work related to personal data protection during processing shall be set out in the relevant job description.

7.3. The responsible person is obliged to:

• know the legislation of Ukraine in the field of personal data protection;
• develop procedures governing employees’ access to personal data in accordance with their professional, official or employment duties;
• ensure that employees of the owner of the personal data database comply with Ukrainian legislation on personal data protection and internal documents regulating the owner’s activities related to the processing and protection of personal data in personal data databases;
• develop a procedure for internal control over compliance with Ukrainian legislation on personal data protection and internal documents regulating the activities of the owner of the personal data database, including provisions on the frequency of such control;
• notify the owner of the personal data database of violations by employees of Ukrainian legislation on personal data protection and internal documents regulating the processing and protection of personal data no later than one business day from the moment such violations are detected;
• ensure the storage of documents confirming the personal data subject’s consent to processing of their personal data and notification of that subject regarding their rights.

7.4. In order to perform their duties, the responsible person has the right to:

• obtain necessary documents, including orders and other administrative documents issued by the owner of the personal data database and related to personal data processing;
• make copies of documents received, including copies of files and any records stored in local computer networks and standalone computer systems;
• participate in discussions concerning the performance of their duties related to organising personal data protection during processing;
• submit proposals for improving activities and methods of work, provide comments and propose ways of eliminating deficiencies identified during personal data processing;
• obtain explanations concerning the processing of personal data;
• sign and approve documents within the scope of their 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 on personal data protection and internal documents governing the processing and protection of personal data in personal data databases.

7.6. Employees who have access to personal data, including those who process such data, are obliged not to disclose in any manner the personal data entrusted to them or which became known to them in connection with the performance of professional, official or employment duties. This obligation remains in force after termination of activities related to personal data, except in cases established by law.

7.7. Persons who have access to personal data, including persons who process such data, shall be liable in accordance with Ukrainian legislation if they violate the requirements of the Law of Ukraine “On Personal Data Protection”.

7.8. Personal data shall not be stored longer than necessary for the purpose for which such data are stored and, in any case, not longer than the storage period specified in the personal data subject’s consent to the processing of such data.

8.1. The personal data subject has the right to:

• know the location of the personal data database containing their personal data, its purpose and name, and the location and/or place of residence (stay) of the owner or administrator of that database, or authorise persons appointed by them to obtain such information, except in cases established by law;
• receive information about the conditions for granting access to personal data, including information about third parties to whom their personal data contained in the relevant database are transferred;
• access their 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 provided by law, an answer as to whether their personal data are stored in the relevant database, and also receive the content of the personal data stored;
• submit a reasoned objection to the processing of their personal data by state authorities or local self-government bodies when such bodies exercise powers provided by law;
• submit a reasoned request for the alteration or destruction of their personal data to any owner or administrator of the relevant database where such data are processed unlawfully or are inaccurate;
• protect their personal data against unlawful processing and accidental loss, destruction or damage in connection with intentional concealment, failure to provide or untimely provision of such data, as well as protection against provision of information that is inaccurate or damages the honour, dignity and business reputation of an individual;
• apply to state authorities or local self-government bodies whose powers include personal data protection in order to protect their rights regarding personal data;
• use legal remedies in the event of violation of personal data protection legislation.

9.1. The personal data subject has the right to receive any information about themselves from any party to relations involving personal data without specifying the purpose of the request, except in cases established by law.

9.2. Access by the personal data subject to data about themselves is provided free of charge.

9.3. The personal data subject shall submit a request for access (hereinafter — the request) to personal data to the owner of the personal data database.

The request shall specify:

• surname, first name and patronymic, place of residence (or stay), and details of the identity document of the personal data subject;
• other information that makes it possible to identify the personal data subject;
• information about the personal data database concerned by the request or information about the owner or administrator of that database;
• the list of personal data requested.

9.4. The period for considering the request in order to determine whether it may be satisfied shall not exceed ten business days from the date of receipt. During this period, the owner of the personal data database shall notify the personal data subject whether the request will be satisfied or whether the relevant personal data are not subject to disclosure, stating the grounds established by the relevant regulatory legal act.

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

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”.