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Personal data protection or fear can not be used

Personal data protection or fear can not be used

The Law of Ukraine "On the Protection of Personal Data", which entered into force on January 1, 2011, caused a wave of misunderstanding and discontent on the part of entrepreneurs and ordinary residents and citizens of Ukraine.

Everything seemed to be the same as always, and suddenly there was an urgent need to register some databases of personal data in some previously unknown and non-existent state authorized body, they even began to frighten them with fines and limited time limits allotted for fulfilling this requirement.

In order to understand the intricacies of any issue, including the issue of personal data protection, it is worth understanding the meaning of certain terms. Here are the definitions of the main terms from the original source (the official website of the Verkhovna Rada of Ukraine).

Actually, personal data is information or a set of information about an individual who is identified or can be specifically identified.

The consent of the subject of personal data is a voluntary expression of the will of an individual (provided he is informed) regarding the granting of permission to process his personal data in accordance with the stated purpose, expressed in writing or in a form that allows a conclusion about its provision.

In general, in order to understand the essence of the issue of personal data protection, these two definitions are quite enough. Those who wish to receive more detailed information can familiarize themselves with the text of the primary source - the Law of Ukraine "On the Protection of Personal Data" (in the original - "Law of Ukraine" On the Seizure of Personal Tributes "No. 2297-VI dated 01.06.2010).

But let's get back to the topic at hand. Based on the definition of the concept of "personal data", the common man in general understands what it is about: this is the last name, first name, patronymic, series, passport number, address of the place of registration and place of residence, telephone numbers, taxpayer identification code (if any) etc. In addition, personal data may also include: marital status, health status, personal preferences, social status, membership in parties and associations of citizens, trade unions, etc.

But with the definition of "consent of the subject of personal data" should be dealt with in more detail. It is clear that consent is the granting of permission to process (from the aforementioned Law it follows that simply systematization and storage is already processing) personal data. However, it is more interesting further - "in accordance with the formulated goal." This means that the client of the beauty salon must be informed about what they are going to do with his personal data, already at the moment when he fills out the questionnaire, even before signing. And even more interesting: "in writing OR in a form that allows us to make a conclusion about its provision." The question arises, what kind of permission can be granted, except for a written one, so that there are no doubts on the part of the regulatory authorities? The Law itself does not provide an answer to this question. However, with the "scattering" of the same concept inherent in Ukrainian legislation, it should be assumed that either there is already, or soon there will be a way, in addition to a written one, that will convince the regulatory authorities that personal data was given voluntary and coveted permission is still available. Here, of course, it is better to ask a professional lawyer.

In any case, it is important for the head of a beauty salon to understand that if he or his subordinates are going to interact with the client on their own initiative, and not on the initiative of the client, then a small questionnaire filled out by the client with his data and his signature under it does not hurt at all. Only the signature should be placed after the non-binding phrase, which we will talk about further.

Here is an example of a real questionnaire of this kind, which is used in one of the retail chains in Ukraine.

Date of filling Series No.
middle name
The street
contact number
Email address (e-mail)
Date of Birth

By filling out and signing this questionnaire, the participant of the discount program consents to the use and processing of his personal data specified in the questionnaire, and data on purchases made using a discount card, Trading Network "X" or other authorized third parties without time limits and territory, with the purpose of implementing a discount program, creating new programs for consumers, studying consumer demand, for advertising, information and marketing purposes and providing any information materials. The person who filled it out is responsible for the accuracy and relevance of the data specified in the questionnaire. The participant of the discount program is obliged to familiarize himself with all the rights of subjects of personal data provided for by Article 8 of the Law of Ukraine "On the Protection of Personal Data" before signing and submitting the questionnaire. Signing and transferring the completed questionnaire confirms the familiarization of the participant of the discount program with the rights of subjects of personal data. Only individuals who have reached the age of 18 have the right to participate in the discount program, they are buyers in the understanding of the Law of Ukraine "On Protection of Consumer Rights".

Signature of the recipient of the discount card _____________________________________

The above example of a buyer's questionnaire reveals the main thing in the protection of personal data - the phrase that is located immediately below the table and begins with the word "Attention". This is approximately what the wording of the permission of the client of the beauty salon for the processing of his personal data looks like. The purpose of using personal data, which is required by the Law, is quite well formulated. There is also a clarification that the transfer of the signed questionnaire is made only after familiarization with the rights of the subject of personal data (i.e. the client). And the most important thing is that the form of the questionnaire is WRITTEN permission, which is also required by the Law.

A beauty salon would also benefit from this kind of questionnaire. For what? Firstly, at work, the salon, at least, asks for the name of the client and his phone number. This is personal data. Secondly, when it comes to personal data, the Law obliges to have a written permission from the person who owns it for their storage and processing. Thirdly, it is very beneficial to have a customer profile.

It contains a maximum of information that a person himself is ready to convey to a beauty salon. If the questions in the questionnaire are formulated to which the salon is interested in knowing the client's answer, then this is also a high-quality client base, which will allow in the future to work with the client at a higher level, knowing his preferences and views.

Many will say (and we have heard this more than once) that clients are afraid to leave completed questionnaires in a beauty salon. Yes. And they are right. Who knows where this data might end up in the future. However, they are human! And they can be motivated correctly.

In the example considered, the retail chain provided the client with a discount card in exchange for personal data, which entitles him to a discount. Why shouldn't the salon follow suit. Develop a simple loyalty program (for more details, see the article "People's genius does not sleep or the wisdom of encouraging customers") for your customers - let it be a standard discount, or bonuses, or any combination of them. Believe me, no matter how it may seem that this complicates the financial situation of the beauty salon, this is actually not the case. Any card is, firstly, "image" (provided that it has a beautiful brand design in corporate colors), secondly, an extra (read "additional") reason to remember the salon and come to service, thirdly, the loyalty program binds the client to your salon, and not to the neighboring one (having your card with discounts / bonuses, he will come to you). All this is a simple psychology lying on the surface. And in order not to suffer losses, calculate what percentage / amount of the discount / bonus and with what frequency is not a burden for the beauty salon.

If you follow these simple recommendations, which you absolutely can do, then there will be more regular customers in the salon, and the Law "On the Protection of Personal Data" will not be scary, because all customer permissions are in your hands in writing. The main thing is to come up with a program that is beneficial for everyone and distribute beautiful cards to your clients for the questionnaires.

PS: It should not be overlooked that if many are already accustomed to discounts in Ukraine and have learned to count them easily and quickly, then it is much easier to use software for a beauty salon to correctly calculate cumulative discounts and bonuses. Judge for yourself: if the decision is made to carry out calculations manually (on paper, on a calculator or in spreadsheets), then there are a lot of chances to make mistakes in the case of a cumulative discount system or a bonus system. You can make a banal mistake, typing numbers or writing them down on paper, you can mistakenly post the accumulated amount to Ivan Ivanov and Ivan Ivantsov (for spreadsheets, these are completely different people, but in life they can be one person). The beauty salon program eliminates such annoying blunders thanks to the mechanism for selecting a client from the list implemented in it. That is, the principle is as follows: a client is entered once, and each time his service is issued, it is easy to select him from the list of already created clients. And what is convenient - in 99 cases out of 100, the client's choice is unmistakable. Today neither paper nor spreadsheets can boast of such statistics.

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