Containerchain Privacy Policy
Container
Chain Pty Ltd ACN 127 945 564 (as trustee for the Container Chain Unit Trust
(Australia) ABN 59 479 580 090) of registered address Unit 3a / 72 O’Riordan Street, Alexandria NSW 2015 Australia, email
support@containerchain.com
), and its affiliated companies or subsidiaries
(collectively, Containerchain) is
committed to protecting your privacy. Containerchain's privacy policy is
outlined below.
The words "we", "us",
"our" or any of their derivatives refer to Containerchain. The words
"you", "your", "yours" or any of their
derivatives refer to the person using our Website and/or Services (where Website means any webpages, microsites or
mobile applications owned by Containerchain and Services means all Containerchain products and services, including
hardware and software), or otherwise providing information to or communicating
with us.
This privacy policy is available on our Website.
It is regularly reviewed and Containerchain may amend it from time to time. The
updated version will be on our Website.
This privacy policy sets out how Containerchain will
collect, use, store, disclose and provide access to personal data about users
of the Website and/or Services and how users can keep that information
accurate. If you do not agree to the processing of your personal data as
described in this privacy policy, please do not use the Website and/or the Services.
Our Website and the Services may contain links
to other websites which are not maintained by Containerchain. This privacy
policy only applies to our Website and to the Services. When visiting such third party websites, you should read their respective privacy
policies which will apply to your use of these websites.
1. Categories of personal data and
processing purposes
Containerchain will collect personal data about
you primarily to provide you with the Services (as may be further elaborated in
the Terms of Use accessible on our Website) and access to the Website. To the
extent legally permissible in your jurisdiction, this personal data may include
your name, your vehicle registration number, your mobile phone number, your employer’s
name, contact details, your location data, and other personal data that you
provide to us, grant us access to when you use the Website or Services, or
communicate with Containerchain.
In addition to the primary purpose of providing
the Services and the Website for which Containerchain will collect and use your
personal data, Containerchain will also use and process the personal data it
collects:
·
for
purposes necessary or incidental to the provision of the Services to you;
·
to
manage and enhance Containerchain's Services;
·
to
communicate with you, including by email, mail or telephone;
·
to
identify you (and verify your identity);
·
to
investigate you and your use of the Website and/or Services if Containerchain
has reason to suspect that you are in breach of the Terms of Use or have
otherwise engaged in unlawful activity; and/or
·
as required or permitted by any applicable
law.
2.
Cookies
3. Legal basis for the processing
We
may carry out the processing of your personal data on the following legal
bases:
·
performance
of the contractual relationship with the you;
·
legitimate
interest of Containerchain, Containerchain's affiliates or other third parties
(such as governmental bodies or courts) where the legitimate interest could be,
in particular, performing the contract under which you are a beneficiary,
understanding your interest for valuable marketing information, group-wide
information sharing, certain marketing and CRM activities (such as personal
visits, direct marketing via postal mail, and direct marketing relating to an
ongoing business relationship with you), or potential merger and acquisition
activities, except where such interests are overridden by the interests or
fundamental rights and freedoms of you which require protection of personal
data;
·
consent
(in particular, for certain type of direct marketing via email, SMS/MMS, fax,
and telephone);
·
compliance
with legal obligations.
In
general, the provision of your personal data is voluntary, but in certain cases
it is necessary in order to enter into a contract with
us or to receive our services/products as requested by you.
Not
providing your personal data may result in disadvantages for you – for example,
you may not
be able to receive certain Services. However, unless otherwise specified, not
providing your personal data will not result in legal consequences for you.
4.
Transfer of personal data
Containerchain will disclose your personal data to its subsidiaries or affiliates for purposes of data storage.
Containerchain may also disclose personal data, to
third parties outside the Containerchain group:
·
engaged
by Containerchain to perform functions or provide services on Containerchain's
behalf;
·
that
are Containerchain's agents, business partners or joint venture entities in the
industry sector of containerized cargo and located in the countries in which
Containerchain operates;
·
such
as container facilities for the purpose of fulfilling your booking for the
delivery and/or pick up of containers as selected by you;
·
authorised
by you to receive information
held by Containerchain;
·
as
part of any investigation into you or your activities, for example, if
Containerchain has reason to suspect that you have committed a breach of any of
the Privacy Policy or Terms of Use or have otherwise engaged in unlawful
activity, and Containerchain reasonably believes that disclosure is necessary
to police, any relevant authority or enforcement body, or your internet service
provider or network administrator;
·
as
part of a sale (or proposed sale) of all or part of Containerchain's business;
and/or
·
as required or permitted by any
applicable law.
Containerchain may transfer, store, process
and/or deal with your personal data outside of your jurisdiction to recipients
that will be located primarily in the EU/EEA, in Australia, New Zealand,
Singapore and Malaysia.
When transferring your personal data to or
making your personal data accessible to those recipients, we will comply with all
applicable data protection and privacy laws, including and
in
particular the
EU General Data Protection Regulation ("GDPR").
For recipients located outside of the EEA, some are located in countries with adequacy decisions pursuant to
Art. 45 GDPR (in particular, New Zealand), and transfer is thereby recognized
as providing an adequate level of data protection from a European data
protection law perspective.
Other recipients might
be located
in
countries which do not adduce an adequate level of protection from a
European data protection law perspective (in particular, Australia, Singapore
and Malaysia). We will take all necessary measures to ensure that transfers out
of the EEA are adequately protected as required by applicable data protection
law.
With respect to transfers to countries not
providing an adequate level of data protection, we will base the transfer on
appropriate safeguards, such as standard data protection clauses adopted by the
European Commission or by a supervisory authority (Art. 46(2)(c) or (d) GDPR),
approved codes of conduct together with binding and enforceable commitments of
the recipient (Art. 46 (2)(e)), or approved certification mechanisms together
with binding and enforceable commitments of the recipient (Art. 46 (2)(f)
GDPR). You can ask for a copy of such appropriate safeguards by contacting us
as set out in Section 7 below. In the majority of the
cases, the transfer is protected by standard data protection clauses adopted by
the European Commission (Art. 46(2)(c) or (d) GDPR).
5. Data subject rights
Right to withdraw your consent
If
you have declared your consent regarding certain collecting, processing and use
of your personal data, you can withdraw this consent (via email at
support@containerchain.com
)
at any time with future effect. Further, you can object to the use of your personal
data for the purposes of marketing without incurring any costs other than the
transmission costs in accordance with the basic tariffs (see below for further
information on the right to object).
Additional data privacy rights
Pursuant
to applicable data protection law, you may have the right to: (a) request
access to your personal data; (b) request rectification of your personal data;
(c) request erasure of your personal data; (d) request restriction of
processing of your personal data; (e) request data portability; (f) object to
the processing of your personal data (including objection to profiling); and (g)
exercise other rights in connection with automated decision-making.
Please
note that the abovementioned rights might be limited under the applicable
national data protection law. Below please find further information on your
rights to the extent that the GDPR applies:
(a)
Right
to request access to your personal
data
Pursuant to the GDPR, you have the right to obtain from us
confirmation as to whether or not personal data
concerning you is being processed, and, where that is the case, to request
access to the personal data. This access information includes – inter alia –
the purposes of the processing, the categories of personal data concerned, and
the recipients or categories of recipients to whom the personal data have been
or will be disclosed.
Pursuant
to the GDPR, you have the right to obtain a copy of the personal data
undergoing processing. For further copies requested by you, we may charge a
reasonable fee based on administrative costs.
(b)
Right to
request rectification
Pursuant
to the GDPR, you have the right to obtain from us the rectification of
inaccurate personal data concerning you. Depending on the purposes of the
processing, you may have the right to have incomplete personal data completed,
including by means of providing a supplementary statement.
(c)
Right to request erasure (right to be forgotten)
Under certain circumstances, you
have the right to obtain from us the erasure of personal data concerning you
and we may be obliged to erase such personal data.
(d)
Right to request restriction of
processing
Under
certain circumstances, you have the right to obtain from us restriction of
processing your personal data. In such case, the respective data will be marked
and may only be processed by us for certain purposes.
(e)
Right to request data portability
Under
certain circumstances, you have the right to receive the personal data
concerning you, which you have provided to us, in a structured, commonly used
and machine-readable format and you may have the right to transmit those data
to another entity without hindrance from us.
(f)
Right to
object
|
Under certain circumstances, yo
u have the right to object, on
grounds relating to your particular situation, at
any time to the processing of your personal data by us and we can be required
to no longer process your personal data. Such right to object may especially
apply if Containerchain collects and processes your personal data for
profiling purposes in order to better understand your business interests in Containerchain's
Website / Services. Further you may decide to object to the use of your
personal data for direct marketing. If you have a right to object and you
exercise this right, your personal data will no longer be processed for such
purposes by us.
However,
such a right to object may in particular not exist
if the processing of your personal data is necessary to take steps prior to
entering into a contract or to perform a contract already concluded.
|
(g)
Other rights in connection with
automated decision-making
Furthermore, under certain circumstances with respect to automated
individual decision-making, you have the right to obtain human intervention,
express your point of view, and contest the decision.
To
exercise your rights, please contact
us as stated below.
You
also have the right to lodge a complaint with the competent data protection
supervisory authority.
6.
Security of personal data
Containerchain will take all reasonable steps to
protect the personal data Containerchain holds about you from misuse, loss or unauthorised access. You acknowledge that the security of
online transactions you conduct using the Website cannot be guaranteed.
Containerchain does not accept responsibility for misuse of or loss of, or unauthorised access to, your personal data where Containerchain
does neither act as data controller or data processor
with respect to such personal data.
7.
Retention periods
Your personal data is retained as long as the purpose for which it was collected remains
and until it is no longer necessary for any other business purposes or to
comply with any applicable law. Once you have ended your business relationship
with us, we will either delete your personal data or anonymize your personal
data, unless statutory retention requirements apply.
8.
Contact information
You can exercise your data subject rights as
described above or obtain further information about this privacy policy or your
personal data by contacting Containerchain at email
support@containerchain.com
or
dpo@containerchain.com
or via post at Containerchain, Unit 3a, 72 O’Riordan Street, Alexandria NSW 2015 Australia.
Last updated: December 2020