Personal data processing policy

1. General provisions

This personal data processing policy has been drawn up in accordance with the requirements for the processing of personal data that FOP Igor Vasilyevich Fostyak (hereinafter referred to as the Operator) can receive from individuals (subjects of personal data) on the basis of the Constitution of Ukraine and the Law of Ukraine “On the Protection of Personal Data“ dated 01.06.2010 No. 2297-VI (hereinafter referred to as the Law), as well as the General Data Protection Regulation (EU) 2016/679 dated 27.04.2016 (EU General Data Protection Regulation, hereinafter referred to as the GDPR).

1.1. The operator sets as its most important goal and condition for the implementation of its activities the observance of human and civil rights and freedoms when processing his personal data, including the protection of the rights to privacy, personal and family secrets.

1.2. This Operator's policy regarding the processing of personal data (hereinafter - the Policy) applies to all information that the Operator can receive about visitors to the website https://auctionauto.org/.

2. Basic concepts used in the Policy

2.1. Automated processing of personal data - processing of personal data using computer technology.

2.2. Blocking of personal data - temporary termination of the processing of personal data (unless the processing is necessary to clarify personal data).

2.3. Website - a set of graphic and information materials, as well as computer programs and databases, ensuring their availability on the Internet at the network address https://auctionauto.org/.

2.4. Information system of personal data - a set of personal data contained in databases, and providing their processing of information technologies and technical means.

2.5. Anonymization of personal data - actions as a result of which it is impossible to determine, without the use of additional information, the belonging of personal data to a specific User or other subject of personal data.

2.6. Personal data processing - any action (operation) or a set of actions (operations) performed using automation tools or without using such tools with personal data, including collection, recording, systematization, accumulation, storage, clarification (updating , change), extraction, use, transfer (distribution, provision, access), depersonalization, blocking, deletion, destruction of personal data.

2.7. Operator - a state body, municipal body, legal entity or individual, independently or jointly with other persons organizing and (or) carrying out the processing of personal data, as well as determining the purposes of processing personal data, the composition of personal data to be processed, actions (operations) performed with personal data.

2.8. Personal data - any information relating directly or indirectly to a specific or identifiable User of the website https://auctionauto.org/.

2.9. Personal data permitted by the subject of personal data for dissemination is personal data, access of an unlimited number of persons to which is provided by the subject of personal data by giving consent to the processing of personal data permitted by the subject of personal data for distribution in the manner prescribed by the Law on personal data (hereinafter - personal data permitted for dissemination).

2.10. User - any visitor to the website https://auctionauto.org/.

2.11. Provision of personal data - actions aimed at disclosing personal data to a certain person or a certain circle of persons.

2.12. Dissemination of personal data - any actions aimed at disclosing personal data to an indefinite circle of persons (transfer of personal data) or at acquaintance with the personal data of an unlimited number of persons, including the disclosure of personal data in the media, posting in an information - telecommunication networks or providing access to personal data in any other way.

2.13. Cross-border transfer of personal data - transfer of personal data to the territory of a foreign state to a foreign state authority, a foreign natural or foreign legal entity.

2.14. Destruction of personal data - any actions as a result of which personal data are destroyed irrevocably with the impossibility of further restoring the content of personal data in the personal data information system and (or) material carriers of personal data are destroyed.

3. Basic rights and obligations of the Operator

3.1. The operator has the right:

  • receive reliable information and / or documents containing personal data from the subject of personal data;
  • if the subject of personal data withdraws consent to the processing of personal data, the Operator has the right to continue processing personal data without the consent of the subject of personal data if there are grounds specified in the Law on Personal Data;
  • independently determine the composition and list of measures necessary and sufficient to ensure the fulfillment of obligations stipulated by the Law on Personal Data and regulatory legal acts adopted in accordance with it, unless otherwise provided by the Law on Personal Data or other federal laws.

3.2. Operator must:

  • provide the subject of personal data, upon his request, with information regarding the processing of his personal data;
  • organize the processing of personal data in the manner prescribed by the current legislation of Ukraine;
  • respond to requests and inquiries from subjects of personal data and their legal representatives in accordance with the requirements of the Law on Personal Data;
  • inform the authorized body for the protection of the rights of subjects of personal data, upon the request of this body, the necessary information within 30 days from the date of receipt of such a request;
  • publish or otherwise provide unrestricted access to this Policy regarding the processing of personal data;
  • take legal, organizational and technical measures to protect personal data from unauthorized or accidental access to them, destruction, alteration, blocking, copying, provision, dissemination of personal data, as well as from other illegal actions in relation to personal data;
  • stop transferring (distribution, provision, access) of personal data, stop processing and destroy personal data in the manner and in cases provided for by the Law on Personal Data;
  • perform other duties provided for by the Personal Data Law.

4. Basic rights and obligations of personal data subjects

4.1. Subjects of personal data have the right:

  • receive information regarding the processing of his personal data, except for cases provided for by federal laws. The information is provided to the subject of personal data by the Operator in an accessible form, and they should not contain personal data relating to other subjects of personal data, except for cases when there are legal grounds for the disclosure of such personal data. The list of information and the procedure for obtaining it is established by the Law on Personal Data;
  • to require the operator to clarify his personal data, to block or destroy them if the personal data is incomplete, outdated, inaccurate, illegally obtained or not necessary for the stated purpose of processing, as well as to take measures provided for by law to protect their rights ;
  • put forward a condition of prior consent when processing personal data in order to promote goods, works and services on the market;
  • to withdraw consent to the processing of personal data;
  • to appeal to the authorized body for the protection of the rights of subjects of personal data or in court the illegal actions or inaction of the Operator when processing his personal data;
  • to exercise other rights provided for by the legislation of Ukraine.

4.2. Subjects of personal data are obliged:

  • provide the Operator with reliable data about yourself;
  • inform the Operator about the clarification (update, change) of his personal data.

4.3. Persons who provided the Operator with false information about themselves, or information about another subject of personal data without the consent of the latter, are liable in accordance with the legislation of Ukraine.

5. The Operator may process the following personal data of the User

5.1. Surname, name, patronymic.

5.2. Email address.

5.3. Phone numbers.

5.4. Year, month, date and place of birth.

5.5. Photos.

5.6. Details of the identity document.

5.7. Taxpayer identification number, date of registration, details of the certificate of registration with the tax authority.

5.8. The site also collects and processes anonymized data about visitors (including cookies) using Internet statistics services (Yandex Metrica and Google Analytics and others).

5.9. The above data hereinafter referred to as the Policy are united by the general concept of Personal data.

5.10. Processing of special categories of personal data concerning race, nationality, political views, religious or philosophical beliefs, intimate life, is not carried out by the Operator.

5.11. The processing of personal data permitted for distribution from among the special categories of personal data specified in the Law of Ukraine “On the Protection of Personal Data“ dated 01.06.2010 No. 2297-VI (hereinafter - the Law is allowed if the prohibitions and conditions provided by the law on personal data.

5.12. The User's consent to the processing of personal data permitted for distribution is drawn up separately from other consents to the processing of his personal data. At the same time, the conditions provided for, in particular, Article 10.1 of the Law on Personal Data are observed. Requirements for the content of such consents are established by the authorized body for the protection of the rights of subjects of personal data.

5.12.1 Consent to the processing of personal data permitted for distribution, the User provides to the Operator directly.

5.12.2 The Operator is obliged, no later than three working days from the moment of receipt of the specified consent of the User, to publish information on the processing conditions, the existence of prohibitions and conditions for the processing of personal data by an unlimited number of persons permitted for dissemination.

5.12.3 The transfer (distribution, provision, access) of personal data permitted by the subject of personal data for distribution must be stopped at any time at the request of the subject of personal data. This requirement must include the last name, first name, patronymic (if availability), contact information (phone number, e-mail address or postal address) of the subject of personal data, as well as a list of personal data, the processing of which must be terminated. The personal data specified in this requirement can be processed only by the Operator to whom it is sent.

5.12.4 Consent to the processing of personal data permitted for distribution is terminated from the moment the Operator receives the request specified in clause 5.12.3 of this Policy regarding the processing of personal data.

6. Principles of personal data processing

6.1. The processing of personal data is carried out on a legal and fair basis.

6.2. The processing of personal data is limited to the achievement of specific, predetermined and legal purposes. Processing of personal data incompatible with the purposes of collecting personal data is not allowed.

6.3. It is not allowed to merge databases containing personal data, the processing of which is carried out for purposes incompatible with each other.

6.4. Only personal data that meet the purposes of their processing are subject to processing.

6.5. The content and volume of the processed personal data correspond to the stated purposes of processing. The redundancy of the processed personal data in relation to the stated purposes of their processing is not allowed.

6.6. When processing personal data, the accuracy of personal data, their sufficiency, and, if necessary, relevance in relation to the purposes of processing personal data is ensured. The operator takes the necessary measures and / or ensures their adoption to delete or clarify incomplete or inaccurate data .

6.7. The storage of personal data is carried out in a form that allows you to determine the subject of personal data, no longer than the purpose of processing personal data requires, if the storage period for personal data is not established by federal law, an agreement, a party to which, a beneficiary or a guarantor under which is the subject of personal data. The processed personal data is destroyed or depersonalized upon achievement of the processing goals or in case of loss of the need to achieve these goals, unless otherwise provided by federal law.

7. Purposes of personal data processing

7.1. Purpose of processing the User's personal data:

  • informing the User by sending emails;
  • conclusion, execution and termination of civil law contracts;
  • providing the User with access to services, information and / or materials contained on the website https://auctionauto.org/;
  • clarification of details for order processing.

7.2. The Operator also has the right to send the User notifications about new products and services, special offers and various events. The User can always refuse to receive informational messages by sending an email to the Operator at [email protected] with a note «Opt out of notifications about new products and services and special offers».

7.3. Anonymized data of Users collected using Internet statistics services are used to collect information about the actions of Users on the site, improve the quality of the site and its content.

8. Legal basis for the processing of personal data

8.1. The legal grounds for the processing of personal data by the Operator are:

  • contracts concluded between the operator and the subject of personal data;
  • federal laws, other regulations in the field of personal data protection;
  • the consent of the Users to the processing of their personal data, to the processing of personal data permitted for distribution.

8.2. The Operator processes the User's personal data only if they are filled in and / or sent by the User independently through special forms located on the website https://auctionauto.org/ or sent to the Operator via e-mail. Filling out the appropriate forms and / or by sending his personal data to the Operator, the User agrees with this Policy.

8.3. The Operator processes anonymized data about the User if it is allowed in the settings of the User's browser (the storage of cookies and the use of JavaScript technology are enabled).

8.4. The subject of personal data independently decides on the provision of his personal data and gives consent freely, of his own free will and in his interest.

9. Terms of personal data processing

9.1. The processing of personal data is carried out with the consent of the subject of personal data to the processing of his personal data.

9.2. The processing of personal data is necessary to achieve the goals stipulated by an international treaty of Ukraine or the law, for the implementation of the functions, powers and obligations imposed by the legislation of Ukraine on the operator.

9.3. The processing of personal data is necessary for the administration of justice, the execution of a judicial act, an act of another body or official, subject to execution in accordance with the legislation of Ukraine on enforcement proceedings.

9.4. The processing of personal data is necessary for the performance of an agreement to which the subject of personal data is either a party to or a beneficiary or guarantor, as well as for concluding an agreement on the initiative of the subject of personal data or an agreement under which the subject of personal data will be the beneficiary or guarantor .

9.5. The processing of personal data is necessary to exercise the rights and legitimate interests of the operator or third parties, or to achieve socially significant goals, provided that this does not violate the rights and freedoms of the subject of personal data.

9.6. The processing of personal data is carried out, access of an unlimited number of persons to which is provided by the subject of personal data or at his request (hereinafter - publicly available personal data).

9.7. Personal data are processed that are subject to publication or mandatory disclosure in accordance with federal law.

10. The procedure for collecting, storing, transferring and other types of processing of personal data

The security of personal data processed by the Operator is ensured through the implementation of legal, organizational and technical measures necessary to fully comply with the requirements of the current legislation in the field of personal data protection.

10.1. The operator ensures the safety of personal data and takes all possible measures to exclude access to personal data of unauthorized persons.

10.2. The User's personal data will never, under any circumstances be transferred to third parties, except in cases related to the implementation of current legislation or if the subject of personal data has given consent to the Operator to transfer data to a third party to fulfill obligations under civil contract.

10.3. In case of revealing inaccuracies in personal data, the User can update them independently by sending a notification to the Operator to the Operator's e-mail address [email protected] marked «Updating personal data».

10.4. The period for processing personal data is determined by the achievement of the purposes for which the personal data were collected, unless another period is provided for by the contract or current legislation.

The User can at any time revoke his consent to the processing of personal data by sending a notification to the Operator via e-mail to the Operator's email address [email protected] marked «Withdrawal of consent to the processing of personal data».

10.5. All information that is collected by third-party services, including payment systems, communication facilities and other service providers, is stored and processed by the specified persons (Operators) in accordance with their User Agreement and Privacy Policy. The subject of personal data and / or the User is obliged to independently familiarize himself with the specified documents in a timely manner. The operator is not responsible for the actions of third parties, including the service providers specified in this clause.

10.6. The prohibitions established by the subject of personal data on the transfer (except for providing access), as well as on the processing or processing conditions (except for obtaining access) of personal data permitted for dissemination, do not apply in cases of processing personal data in state, public and other public interests determined by the legislation of Ukraine.

10.7. The operator, when processing personal data, ensures the confidentiality of personal data.

10.8. The operator stores personal data in a form that allows you to determine the subject of personal data, no longer than the purpose of processing personal data requires, if the storage period for personal data is not established by federal law, an agreement, a party to which, a beneficiary or a guarantor under which is the subject of personal data.

10.9. A condition for terminating the processing of personal data may be the achievement of the goals of processing personal data, the expiration of the consent of the subject of personal data or withdrawal of consent by the subject of personal data, as well as the identification of illegal processing of personal data.

11. List of actions performed by the Operator with the received personal data

11.1. The operator collects, records, systematizes, accumulates, stores, clarifies (updates, changes), retrieves, uses, transfers (distribution, provision, access), depersonalization, blocking, deletion and destruction of personal data.

11.2. The operator carries out automated processing of personal data with the receipt and / or transmission of the information received via information and telecommunication networks or without it.

12. Cross-border transfer of personal data

12.1. Before starting the cross-border transfer of personal data, the operator is obliged to make sure that the foreign state, to whose territory it is supposed to transfer personal data, provides reliable protection of the rights of subjects of personal data.

12.2. Cross-border transfer of personal data on the territory of foreign states that do not meet the above requirements, can be carried out only if the subject of personal data consent in writing to the cross-border transfer of his personal data and / or the execution of an agreement to which the subject of personal data is a party. data.

13. Confidentiality of personal data

The operator and other persons who have gained access to personal data are 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 by federal law.

14. Final clauses

14.1. The user can receive any clarifications on issues of interest regarding the processing of his personal data by contacting the Operator via e-mail [email protected]

14.2. This document will reflect any changes to the policy for processing personal data by the Operator. The policy is valid indefinitely until it is replaced with a new version.

14.3. The current version of the Policy is freely available on the Internet at https://auctionauto.org/privacy.