1. Introduction
This is the privacy policy of Globalink Logistics DWC-LLC
(hereinafter referred to as “Globalink Logistics”) and its
subsidiaries.
This document was last updated on 08.
May 2018
In its everyday business operations
Globalink Logistics makes use of a variety of data about identifiable
individuals, including data about:
- Current, past and prospective
employees
- Customers
- Users of its websites
- Subscribers
- Other stakeholders
In collecting and using this data,
the organisation is subject to a variety of legislation controlling how such
activities may be carried out and the safeguards that must be put in place to
protect it.
The purpose of this policy is to set
out the relevant legislation and to describe the steps Globalink Logistics is
taking to ensure that it complies with it.
This control applies to all systems,
people and processes that constitute the organisation’s information systems,
including board members, directors, employees, suppliers
- Introduction
- Data
Protection (GDPR) Principles
- What
personal data do we collect, how do we collect it, and why?
- Other
specific ways we collect and use your personal data
- Legal basis
for processing personal data
- With whom
might we share your personal data
- Data
retention
- Your data
protection rights
- Rights of
the Individual
- Security
- Privacy by
Design
- Breach
Notification
- Addressing
Compliance to the GDPR
- Contact
- Notification
of changes
2.
Data Protection (GDPR) Principles
The General Data Protection Regulation
The General Data Protection
Regulation 2016 (GDPR) is one of the most significant pieces of legislation
affecting the way that Globalink Logistics carries out its information
processing activities. Significant fines are applicable if a breach is deemed
to have occurred under the GDPR, which is designed to protect the personal data
of citizens of the European Union. It is Globalink Logistics
’s policy to ensure that our compliance with the GDPR and other relevant
legislation is clear and demonstrable at all times.
Definitions
There is a
total of 26 definitions listed within the GDPR and it is not appropriate to
reproduce them all here. However, the most fundamental definitions with respect
to this policy are as follows:
Personal data is defined as:
any information relating to an identified or identifiable natural
person (‘data subject’); an identifiable natural person is one who can be
identified, directly or indirectly, in particular by reference to an identifier
such as a name, an identification number, location data, an online identifier
or to one or more factors specific to the physical, physiological, genetic,
mental, economic, cultural or social identity of that natural person;
‘processing’ means:
any operation or set of operations which is performed on personal data
or on sets of personal data, whether or not by automated means, such as
collection, recording, organisation, structuring, storage, adaptation or
alteration, retrieval, consultation, use, disclosure by transmission,
dissemination or otherwise making available, alignment or combination,
restriction, erasure or destruction;
‘controller’ means:
the natural or legal person, public authority, agency or other body
which, alone or jointly with others, determines the purposes and means of the
processing of personal data; where the purposes and means of such processing
are determined by Union or Member State law, the controller or the specific
criteria for its nomination may be provided for by Union or Member State law;
Principles Relating to Processing of Personal Data
There are a number of fundamental
principles upon which the GDPR is based.
These are as follows:
1. Personal data shall be:
(a) processed lawfully, fairly and in a
transparent manner in relation to the data subject (‘lawfulness, fairness and
transparency’);
(b) collected for specified, explicit and legitimate purposes and not
further processed in a manner that is incompatible with those purposes; further
processing for archiving purposes in the public interest, scientific or
historical research purposes or statistical purposes shall, in accordance with
Article 89(1), not be considered to be incompatible with the initial purposes
(‘purpose limitation’);
(c) adequate, relevant and limited to what is
necessary in relation to the purposes for which they are processed (‘data
minimisation’);
(d) accurate and, where necessary, kept up to date; every reasonable
step must be taken to ensure that personal data that are inaccurate, having
regard to the purposes for which they are processed, are erased or rectified
without delay (‘accuracy’);
(e) kept in a form which permits identification of data subjects for no
longer than is necessary for the purposes for which the personal data are
processed; personal data may be stored for longer periods insofar as the
personal data will be processed solely for archiving purposes in the public
interest, scientific or historical research purposes or statistical purposes in
accordance with Article 89(1) subject to implementation of the appropriate
technical and organisational measures required by this Regulation in order to
safeguard the rights and freedoms of the data subject (‘storage limitation’);
(f) processed in a manner that ensures appropriate security of the
personal data, including protection against unauthorised or unlawful processing
and against accidental loss, destruction or damage, using appropriate technical
or organisational measures (‘integrity and confidentiality’).
Globalink Logistics will ensure that
it complies with all of these principles both in the processing it currently
carries out and as part of the introduction of new methods of processing.
3. What personal data do we collect, how do we collect it,
and why?
3.1
Data that you provide voluntarily to us
When you use our websites, portals,
products or services we may request personal data voluntarily, including but
not limited to your name, company position, postal address, telephone number,
mobile number, fax number, email address, account usernames and passwords. For
example, we may ask you to provide some or all of this personal data when you
register an account with us, subscribe to our marketing communications,
purchase services, and/or submit enquiries to us. We use this information to
create and administer your account, send you marketing communications, provide
you with the products and services you request, and to respond to your
enquiries.
3.2
Data collected through our products and services
We use data that we collect from
products and services for the purposes for which you provided it, usage and
audience counts, monitoring the performance and effectiveness of the
products/services, monitoring compliance with our terms and conditions,
enabling compatibility with third party operating systems/products/services,
planning future roadmap strategy, planning product/service/feature lifecycles
and retirements, developing new products and services, enhancing existing
products and services, troubleshooting product issues, generating statistics,
reporting, and trend analysis. This may include incidental personal data (for
example usernames and IP addresses).
Our products and services may collect
further additional personal data about you beyond the data described in this
privacy policy or use your personal data in ways that are different to or in
addition to those described in this privacy policy.
3.3 Data collected automatically
When you use our websites, portals,
products, or services, we may collect certain data automatically from your
computers or devices (including mobile devices). The data we collect
automatically may include your IP address, device, browser-type, language, operating system, geographic location and
other technical information. We may also collect data about how your device has
interacted with our Site, products or services, including the pages or features
accessed and links clicked, the amount of time spent on particular pages, mouse
hovers, the date and time of the interaction, error logs, referring and exit
pages and URLs, and similar information. Collecting this data enables us to
better understand the visitors who use our Site, products, and services,
including where they come from and what features are of interest to them. We
use this information for our internal analytics purposes, and to improve the
quality, relevance, and security of our Site, products and services.
3.4. Data that we obtain from third party
sources
From time to time, we may receive
personal data about you from third party sources, but only where such third
parties have confirmed that they have your consent or are otherwise legally
permitted or required to disclose your personal data to us.
We also receive information from other
members of the industry that forms part of or otherwise helps us to develop,
test, and enhance our own product offering some of which could contain personal
data (where permitted by applicable law).
We may combine information that we
collect from you with information about you that we obtain from such third
parties.
3.5. Cookies and similar tracking technology
A cookie is a piece of text that gets
entered into the memory of your browser by a website, allowing the website to
store information on your machine and later retrieve it.
Our Site, products, and services may
use cookies, unique device identifiers (like Apple ID For Advertisers on iOS
devices, and Android Advertising ID on Android devices), and other tracking
technologies (collectively, "Cookies") to distinguish you from other
users and better serve you when you return to the Site, product, or service,
and to monitor and analyse the usage of the Site, product, or service. Cookies
also enable us and our third party partners to track and target the interests
of our users to enhance the onsite or in-product experience through content,
features, and advertisements.
We, along with our service providers,
may also use other Internet technologies, such as Web beacons or pixel tags,
Flash technologies and other similar technologies, to deliver or communicate
with cookies and track your use of the Site, product, or service. We may also
include Web beacons in email messages, newsletters, and other electronic
communications to determine whether the message has been opened and for other
analytics, personalization, and advertising. As we adopt additional
technologies, we may also gather additional information through other methods. This
practice is explained further under the heading “4.5 Marketing and
promotions”.
Most
browsers automatically accept cookies, but you can modify your browser setting
to decline cookies by visiting the Help portion of your browser's toolbar. If
you choose to decline cookies, please note that your ability to sign in,
customize, or use some of the interactive features of our Site, product, or
service may be impeded, and the advertisements you see may not be as relevant
to you.
4. Other specific ways we collect and use your personal data
4.1
Job applications
If you are making a job application
or inquiry, you may provide us with a copy of your CV or other relevant
information. We may use this information for the purpose of assessing your
application or inquiry. We may also keep this information on file to contact
you about future opportunities, unless you ask us not to do this.
4.2
Account management
If you obtain products or services
from us, we may use your contact details for the purposes of order processing
and billing in accordance with the terms and conditions of your agreement with
us, carrying out checks for export control, anti-bribery,
anti-corruption, the prevention of modern slavery, and other compliance
purposes in accordance with requirements under applicable law; contacting you
(including by email communication) regarding license expiry, renewal, and other
related notices, and maintaining our company accounts and records.
4.3
Market research and surveys
If you participate in surveys, we may
use your personal data for our internal business analysis and training purposes
in order to improve our understanding of our users’ demographics, interests and
behaviour, to measure and increase customer satisfaction, and to improve our
products and services.
4.4
Competitions, contests, promotions
If you participate in a competition,
contest, or promotion conducted by us or on our behalf, we may use your
personal data in order to administer such competition, contest, or
promotion.
4.5
Marketing and promotions
We may contact you from time to time
in order to provide you with information about products and services that may
be of interest to you. All marketing communications that we send to you will
respect any marketing preferences you have expressed to us and any consent
obligations required under applicable privacy and anti-spam rules. You have the
right to ask us not to process your personal data for certain or all marketing
purposes, but if you do so, we may need to share your contact information with
third parties for the limited purpose of ensuring that you do not receive
marketing communications from them on our behalf.
Use of
MailChimp newsletter software
If you would like to receive our
newsletter, we need an e-mail address and additional information that will
allow us to verify that you are the owner of the e-mail address provided and
agree to receive the newsletter.
We use the so-called double opt-in
procedure to ensure that newsletters are sent in a consistent manner. This way
the potential recipient can be included in a distribution list. After the
registration, the user receives a confirmation e-mail to confirm. The address
is only actively included in the distribution list if the registration is
confirmed.
We use this data exclusively for
sending the information and offers (information about our products, services
and company news, etc.).
As newsletter software we use MailChimp. MailChimp is a
US-based marketing automation service provided by the Rocket Science Group,
LLC, 675 Ponce De Leon Ave NE #5000, Atlanta, GA
30308, USA.
MailChimp
is prohibited from selling your provided above
mentioned data and from using it for purposes other than sending newsletters.
For further information, please visit https://mailchimp.com/legal/privacy/ .
As MailChimp is an US-based service provider, it
might be interesting for European users to read the Compliance information
under the headlines “15. We Operate in the United States” and “16. Data Transfers from Switzerland or the EU to the United States”.
MailChimp
participates in and has certified its compliance with the EU-U.S. Privacy
Shield Framework and the Swiss-U.S Privacy Shield Framework. To learn more
about the Privacy Shield Framework, please visit https://www.privacyshield.gov/
Globalink Logistics has signed a Data-Processing-Agreement with MailChimp to ensure that all data of our newsletter
subscribers are handled according to data protection laws.
We may collect logs and other data
about access to and traffic passing through our network and equipment for the
purposes of availability and performance monitoring, maintenance, security
monitoring and investigations, conducting spam, threat and other scientific
research, new product and service development, the enhancement of existing
products and services, generating statistics, reporting, and trend analysis.
5. Legal basis for processing personal data
Our legal basis for collecting and
using personal data will depend on the personal data concerned and the specific
context in which we collect it.
However, we will normally collect
personal data from you only where we need the personal data to perform a
contract with you, or where the processing is in our legitimate interests and
not overridden by your data protection interests or fundamental rights and
freedoms, or where we have your consent to do so.
If we collect and use your personal
data in reliance on our legitimate interests (or those of any third party)
other than as described in this privacy policy, we will make clear to you at
the relevant time what those legitimate interests are.
If you have questions about or need
further information concerning the legal basis on which we collect and use your
personal data or wish to submit a Data Access Request, please contact us using
the contact details provided under the “14. Contact” heading.
6. With whom might we share your personal data
We may transfer or disclose your personal
data to the following categories of recipients:
• to our group companies, third party
services providers, suppliers, agents, and other organisations who provide data
processing services to us, or who otherwise process personal data on our behalf
for purposes that are described in this privacy policy or notified to you when
we collect your personal data (such as advertising, analytics, customer
support);
• to any government department, agency, court
or other official bodies where we believe disclosure is necessary as a matter
of applicable law or regulation (such as in response to a subpoena, warrant,
court order, or other legal process), to exercise, establish, participate
in, or defend our legal rights, or limit the damages we sustain in litigation
or other legal dispute, or to protect your vital interests, privacy, or safety,
or those of our customers or any other person;
• to any other
person with your consent to the disclosure.
Except as set out above, we will not
disclose your personal data save where we need to do so in order to enforce
this privacy policy, our rights generally, or where
required or permitted by applicable local or foreign law.
Whenever we share personal data, we
take all reasonable steps to ensure that it is treated securely and in
accordance with this privacy policy. This may include without limitation
aggregating or de-identifying information so that it is not intended to be used
by the third party to identify you.
7. Data retention
We retain personal data we collect from
you for as long as necessary for the purposes for which the personal data was
collected or where we have an ongoing legitimate business need to do so, or to
comply with applicable legal, tax, or regulatory requirements. Even if you
close your account, we will retain certain information in order to meet our
obligations.
When we have no ongoing legitimate
business need to process your personal data, we will either securely destroy,
erase, delete or anonymise it, or if this is not possible (for example, because
your personal data has been stored in backup archives), then we will securely
store your personal data and isolate it from any further processing until
deletion is possible.
8. Your data protection rights
You have the following data
protection rights:
- If you wish to access, correct, or
update your personal data, you can exercise these rights
at any time by contacting us using the contact details provided under the
“14. Contact” heading.
- In addition, with effect from 25
May 2018, you can object
to processing of your personal data, ask us to restrict processing
of your personal data, ask us to delete
your personal data, or request portability of your
personal data. Again, you can exercise these rights by contacting us using
the contact details provided under the “14. Contact” heading.
- You have the right to opt-out of marketing
communications we send you at any time. You can usually
exercise this right by clicking on the “unsubscribe” or “opt-out” link in
the marketing e-mails we send you. Alternatively, or to opt-out of other
forms of marketing (such as postal marketing or telemarketing), then
please contact us using the contact details provided under the “14.
Contact” heading.
- If we have collected and process
your personal data with your consent, then you can withdraw your consent at
any time by contacting us using the contact details provided under the
“14. Contact” heading. Withdrawing your consent will not affect the
lawfulness of any processing we conducted prior to your withdrawal, nor
will it affect processing of your personal data conducted in reliance on
lawful processing grounds other than consent.
- You have the right to complain
to a data protection authority about our collection and use of your
personal data. For more information, please contact your local data
protection authority.
We respond to all requests we receive
from individuals wishing to exercise their data protection rights in accordance
with applicable data protection laws.
9. Rights of the Individual
The data subject also has rights
under the GDPR. These consist of:
- The right to be informed
- The right of access
- The right to rectification
- The right to erasure
- The right to restrict processing
- The right to data portability
- The right to object
- Rights in relation to
automated decision making and profiling.
Each of these rights are supported by appropriate procedures within Globalink
Logistics that allow the required action to be taken within the timescales
stated in the GDPR.
Lawfulness of Processing
There are six alternative ways in which
the lawfulness of a specific case of processing of personal data may be
established under the GDPR. It is Globalink Logistics policy to identify the
appropriate basis for processing and to document it, in accordance with the
Regulation. The options are described in brief in the following sections.
Consent
Unless it is necessary for a reason
allowable in the GDPR, Globalink Logistics will always obtain explicit consent
from a data subject to collect and process their data. Transparent information
about our usage of their personal data will be provided to data subjects at the
time that consent is obtained and their rights with regard to their data
explained, such as the right to withdraw consent. This information will be
provided in an accessible form, written in clear language and free of charge.
If the
personal data are not obtained directly from the data subject then this
information will be provided to the data subject within a reasonable period
after the data are obtained and definitely within one month.
Performance
of a Contract
Where the personal data collected and
processed are required to fulfil a contract with the data subject, explicit
consent is not required. This will often be the case where the contract cannot
be completed without the personal data in question e.g. a delivery cannot be
made without an address to deliver to.
Legal
Obligation
If the personal data is required to
be collected and processed in order to comply with the law, then explicit
consent is not required. This may be the case for some data related to
employment and taxation for example, and for many areas addressed by the public
sector.
Vital
Interests of the Data Subject
In a case where the personal data are
required to protect the vital interests of the data subject or of another
natural person, then this may be used as the lawful basis of the processing.
Globalink Logistics will retain reasonable, documented evidence that this is
the case, whenever this reason is used as the lawful basis of the
processing of personal data. As an example, this may be used in aspects of
social care, particularly in the public sector.
Task
Carried Out in the Public Interest
Where Globalink Logistics needs to
perform a task that it believes is in the public interest or as part of an
official duty then the data subject’s consent will not be requested. The
assessment of the public interest or official duty will be documented and made
available as evidence where required.
Legitimate
Interests
If the processing of specific
personal data is in the legitimate interests of Globalink Logistics and is
judged not to affect the rights and freedoms of the data subject in a
significant way, then this may be defined as the lawful reason for the
processing.
10. Security
Whilst all efforts will be taken to
protect your personal data, no data storage or transmission can be guaranteed
as 100% secure. We endeavour to protect all personal data using reasonable and
appropriate physical, administrative, technical, and organisational measures,
and in accordance with our internal security procedures and applicable
law.
If you have been given or have
created log-in details to provide you with access to certain parts of our Site,
you are responsible for keeping those details confidential in order to prevent
unauthorised access to your accounts.
11. Privacy by Design
Globalink Logistics has adopted the
principle of privacy by design and will ensure that the definition and planning
of all new or significantly changed systems that collect or process personal
data will be subject to due consideration of privacy issues, including the
completion of one or more data protection impact assessments.
The data protection impact assessment
will include:
- Consideration of how personal
data will be processed and for what purposes
- Assessment of whether the
proposed processing of personal data is both necessary and proportionate
to the purpose(s)
- Assessment of the risks to
individuals in processing the personal data
- What controls are necessary to
address the identified risks and demonstrate compliance with legislation
- Use of techniques such as
data minimization and pseudonymisation will be
considered where applicable and appropriate.
12. Breach Notification
It is Globalink Logistics policy to
be fair and proportionate when considering the actions to be taken to inform
affected parties regarding breaches of personal data. In line with the GDPR,
where a breach is known to have occurred which is likely to result in a risk to
the rights and freedoms of individuals, the relevant supervisory authority will
be informed within 72 hours.
13. Addressing Compliance to the GDPR
The following actions are undertaken
to ensure that Globalink Logistics complies at all times with the
accountability principle of the GDPR:
- The legal basis for processing
personal data is clear and unambiguous
- A Data Protection Officer is
appointed with specific responsibility for data protection in the
organisation (if required)
- All staff involved in handling
personal data understand their responsibilities for following good data
protection practice
- Training in data protection has
been provided to all staff
- Rules regarding consent are
followed
- Routes are available to data
subjects wishing to exercise their rights regarding personal data and such
enquiries are handled effectively
- Regular reviews of procedures
involving personal data are carried out
- Privacy by design is adopted for
all new or changed systems and processes
- The following documentation of
processing activities is recorded:
- Organisation name and relevant
details
- Purposes of the personal data
processing
- Categories of individuals and
personal data processed
- Categories of personal data
recipients
- Agreements and mechanisms for
transfers of personal data to non-EU countries including details of
controls in place
- Personal data retention
schedules
- Relevant
technical and organisational controls in place
These actions are reviewed on a
regular basis as part of the management process concerned with data protection.
14. Contact
This is the policy of Globalink
Logistics.
We have appointed individuals who are
responsible for the protection and security of your personal data. If you have
any questions, comments, concerns, grievances, or complaints about this privacy
policy or the manner in which we treat your personal data, or if you want to
request any information about your personal data or believe that we are holding
incorrect personal data on you, please contact our Data Protection Officer and
Privacy team at gdpr@globalinklogistics.com.
If you wish to unsubscribe from
marketing communications, please use the unsubscribe link on any email
communication.
15. Notification of changes
We reserve the right to amend or vary
this policy from time to time to reflect evolving legal, regulatory, or
business practices. When we update our privacy policy, we will take appropriate
measures to inform you, consistent with the significance of the changes we make
(which, for minor changes, may include posting the revised privacy policy to
our Site with immediate effect). Please check this page periodically for
changes. We will obtain your consent to any material privacy policy changes if
and where this is required by applicable data protection laws.
You can see when this privacy policy
was last updated by checking the “last updated” date displayed at the top of
this privacy policy under the “General” heading.