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 74 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.
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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.
Furthermore, when you visit our Website, we will generally collect the following categories of metadata that result from your usage of the Website: browser type and version, operating system used, website from which you are visiting us (referrer URL), website you are visiting, date and time of accessing our Website, and internet protocol (IP) address. Your IP address will be used to enable your access to our Website.
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.
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Cookies
Our Website and Services may use cookies and other tracking technologies. A cookie is a small text file placed on your computer, system or mobile device when you visit our Website and/or use the Services. Cookies collect information about you and your visit to the Website or use of the Service, such as how you arrived at the Website (for example, through a search engine or a link from another website) and how you navigate within the Website. We use cookies and other technologies to facilitate your internet sessions and use of our Services, offer you products and/or services according to your preferred settings, track use of our Website and Services and to compile statistics about activities carried out on our Website and/or through our Services. For a more thorough explanation of what cookies are and how they operate, please visit www.aboutcookies.org or www.allaboutcookies.org.
To the extent necessary under applicable law, we will obtain your consent for the usage of cookies and other tracking technologies. You may set up your web browser to block cookies or remove cookies stored from your computer, system or mobile device. You may refuse the use of cookies by selecting the appropriate settings on your browser to decline cookies. You may also delete existing cookies through your browser. Please visit the following websites to learn more (depending on the browser you use): Firefox, Internet Explorer, Google Chrome and Safari.
However, if you do block cookies or other tracking technologies, you may not be able to use certain features and functions of our Website and/or the Services.
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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.
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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).
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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:
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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.
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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.
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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.
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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.
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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.
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Right to object
Under certain circumstances, you 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.
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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.
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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.
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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.
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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, 74 O’Riordan Street, Alexandria NSW 2015 Australia.
Last updated: December 2020