Privacy notice
Introduction
Exis Technologies Ltd respects your
privacy and is committed to protecting your personal data. This
privacy notice will inform you as to how we look after your
personal data and tell you about your privacy rights and how the
law protects you.
Please also use the Glossary to
understand the meaning of some of the terms used in this privacy
notice.
1 Important information and who we
are
Purpose of this privacy notice
This privacy notice aims to give you
information on how Exis collects and processes your personal data
through your use of our products and services, including any data
you may provide when you sign up to our newsletter, purchase a
product or service or filling in forms on our website, correspond
with us by phone, e-mail, face to face or otherwise. Our products
and services are not intended for children and Exis do not
knowingly collect data relating to children.
It is important that you read this
privacy notice so that you are fully aware of how and why Exis are
using your data. This privacy notice supplements the other notices
we may issue from time to time and is not intended to override
them.
Controller
Exis is the controller and responsible
for your personal data.
Exis is made up of different legal
entities, including Exis Technologies Ltd, Exis (Group) Ltd, Exis
Holdings Ltd and Exis Maintenance Services Ltd. This privacy notice
is issued on behalf of the Exis Group so when we mention "Exis",
"we", "us" or "our" in this privacy notice, we are referring to the
relevant company in the Exis Group responsible for processing your
data.
We have appointed a data privacy
manager who is responsible for overseeing questions in relation to
this privacy notice. If you have any questions about this privacy
notice, including any requests to exercise your legal rights,
please contact the data privacy manager using the details set out
below.
Contact details
Our full details are:
Full name of legal entity: Exis
Technologies Ltd
Name or title of data privacy
manager: Operations Manager
Email address: admin@existec.com
Postal address: 3, Trinity Court,
Faverdale North, Darlington, Co. Durham, DL3 0PH
You have the right to make a
complaint at any time to the Information Commissioner's Office
(ICO), the UK supervisory authority for data protection issues
(www.ico.org.uk). We would, however, appreciate the chance to deal
with your concerns before you approach the ICO so please contact us
in the first instance.
Changes to the privacy notice and your
duty to inform us of changes
This version was last updated on July
2018.
It is important that the personal data
we hold about you is accurate and current. Please keep us informed
if your personal data changes during your relationship with us.
Further information on your rights to
data privacy can be obtained from http://ico.org.uk
Third-party links
This website may include links to
third-party websites, plug-ins and applications. Clicking on those
links or enabling those connections may allow third parties to
collect or share data about you. We do not control these
third-party websites and are not responsible for their privacy
statements. When you leave our website, we encourage you to read
the privacy notice of every website you visit.
2 The data we collect about
you
Personal data, or personal
information, means any information about an individual from which
that person can be identified. It does not include data where the
identity has been removed (anonymous data).
We may collect, use, store and
transfer different kinds of personal data about you which we have
grouped together follows:
- Identity Data includes first name, maiden
name, last name, job title, username or similar identifier, your
signature marital status, title, date of birth and gender.
- Contact Data includes billing address,
delivery address, email address and telephone numbers.
- Financial Data includes bank account and
payment card details.
- Transaction Data includes details about
payments to and from you and other details of products and services
you have purchased from us.
- Technical Data includes internet protocol (IP)
address, your login data, browser type and version, time zone
setting and location, browser plug-in types and versions, operating
system and platform and other technology on the devices you use to
access this website.
- Profile Data includes your username and
password, purchases made by you, your interests, preferences,
feedback, survey responses, email correspondence, your training
records, and qualifications.
- Usage Data includes information about how you
use our website, products and services.
- Marketing and Communications Data includes
your preferences in receiving marketing from us and our third
parties and your communication preferences.
We also collect, use and share Aggregated
Data such as statistical or demographic data for any purpose.
Aggregated Data may be derived from your personal data but is not
considered personal data in law as this data does NOT directly or
indirectly reveal your identity. For example, we may aggregate your
Usage Data to calculate the percentage of users accessing a
specific website feature. However, if we combine or connect
Aggregated Data with your personal data so that it can directly or
indirectly identify you, we treat the combined data as personal
data which will be used in accordance with this privacy notice.
We do not collect any Special Categories of
Personal Data about you (this includes details about your race or
ethnicity, religious or philosophical beliefs, sex life, sexual
orientation, political opinions, trade union membership,
information about your health and genetic and biometric data). Nor
do we collect any information about criminal convictions and
offences.
If you fail to provide
personal data
Where we need to collect personal data by
law, or under the terms of a contract we have with you and you fail
to provide that data when requested, we may not be able to perform
the contract we have or are trying to enter into with you (for
example, to provide you with goods or services). In this case, we
may have to cancel a product or service you have with us but we
will notify you if this is the case at the time.
3 How is your personal data
collected?
We use different methods to collect
data from and about you including through:
- Direct interactions. You may give us your
Identity, Contact, Financial and Profile Data by filling in forms
or by corresponding with us by post, phone, email or otherwise.
This includes personal data you provide when you:
- enquire or apply for our products or services;
- create an account on our website;
- subscribe to our service or publications including My
Hazcheck;
- request marketing to be sent to you;
- enter a competition, promotion or survey; or
- give us some feedback.
- Automated technologies or interactions. As you
interact with our website, we may automatically collect Technical
Data about your equipment, browsing actions and patterns. We
collect this personal data by using cookies, and other similar
technologies. Please see our cookie policy available on our website
/ for further details.
- Third parties or publicly available sources.
We may receive personal data about you from various third parties
as set out below:
- Third parties or publicly available sources. We may receive
personal data about you from various third parties as set out
below:
- Technical Data from Third Parties as specified in the
GLOSSARY.
- Contact, Financial and Transaction Data from providers of
technical, payment and delivery services.
- Identity and Contact Data from data brokers or
aggregators.
- Identity and Contact Data from publicly availably sources such
as Companies House
4 How we use your personal
data
We will only use your personal data
when the law allows us to. Most commonly, we will use your personal
data in the following circumstances:
- Where we need to perform the contract we are about to enter
into or have entered into with you.
- Where it is necessary for our legitimate interests (or those of
a third party) and your interests and fundamental rights do not
override those interests.
- Where we need to comply with a legal or regulatory
obligation.
Generally we do not rely on consent
as a legal basis for processing your personal data other than in
relation to sending third party direct marketing communications to
you via email or text message. You have the right to withdraw
consent to marketing at any time by contacting us.
Purposes for which we will use your
personal data
We have set out below, in a table
format, a description of all the ways we plan to use your personal
data, and which of the legal bases we rely on to do so. We have
also identified what our legitimate interests are where
appropriate.
Note that we may process your
personal data for more than one lawful ground depending on the
specific purpose for which we are using your data. Please contact
us if you need details about the specific legal ground we are
relying on to process your personal data where more than one ground
has been set out in the table below.
Purpose/Activity
|
Type of data
|
Lawful basis for processing including basis of
legitimate interest
|
To register you as a new customer
|
(a) Identity
(b) Contact
(c) Profile
|
Performance of a contract with you
|
To process and deliver your order
including:
(a) Manage payments, fees and charges
(b) Collect and recover money owed to us
|
(a) Identity
(b) Contact
(c) Financial
(d) Transaction
(e) Marketing and Communications
(f) Profile
|
(a) Performance of a contract with you
(b) Necessary for our legitimate interests (to
recover debts due to us)
|
To deliver the service to you as a
customer
|
(a) Identity
(b) Contact
(c) Profile
(d) Dangerous goods Shipments
(e) Training course records
|
Performance of a contract with you
|
To manage our relationship with you which will
include:
(a) Notifying you about changes to our terms
or privacy policy
(b) Asking you to leave a review or take a
survey
|
(a) Identity
(b) Contact
(c) Profile
(d) Marketing and Communications
|
(a) Performance of a contract with you
(b) Necessary to comply with a legal
obligation
(c) Necessary for our legitimate interests (to
keep our records updated and to study how customers use our
products/services)
|
To enable you to partake in a prize draw,
competition or complete a survey
|
(a) Identity
(b) Contact
(c) Profile
(d) Usage
(e) Marketing and Communications
|
(a) Performance of a contract with you
(b) Necessary for our legitimate interests (to
study how customers use our products/services, to develop them and
grow our business)
|
To administer and protect our business and our
website (including troubleshooting, data analysis, testing, system
maintenance, support, reporting and hosting of data)
|
(a) Identity
(b) Contact
(c) Technical
|
(a) Necessary for our legitimate interests
(for running our business, provision of administration and IT
services, network security, to prevent fraud and in the context of
a business reorganisation or group restructuring exercise)
(b) Necessary to comply with a legal
obligation
|
To deliver relevant content including website
content and advertisements to you and measure or understand the
effectiveness of the advertising we serve to you
|
(a) Identity
(b) Contact
(c) Profile
(d) Usage
(e) Marketing and Communications
(f) Technical
|
Necessary for our legitimate interests (to
study how customers use our products/services, to develop them, to
grow our business and to inform our marketing strategy)
|
To use data analytics to improve our website,
products/services, marketing, customer relationships and
experiences
|
(a) Technical
(b) Usage
|
Necessary for our legitimate interests (to
define types of customers for our products and services, to keep
our website updated and relevant, to develop our business and to
inform our marketing strategy)
|
To make suggestions and recommendations to you
about goods or services that may be of interest to you
|
(a) Identity
(b) Contact
(c) Technical
(d) Usage
(e) Profile
|
Necessary for our legitimate interests (to
develop our products/services and grow our business)
|
Marketing
We strive to provide you with
choices regarding certain personal data uses, particularly around
marketing and advertising.
Promotional offers from us
We may use your Identity, Contact,
Technical, Usage and Profile Data to form a view on what we think
you may want or need, or what may be of interest to you. This is
how we decide which products, services and offers may be relevant
for you (we call this marketing).
You will receive marketing
communications from us if you have requested information from us or
purchased services from us or if you provided us with your details
registered your interest in our service or registered for a
promotion and, in each case, you have not opted out of receiving
that marketing.
Third-party
marketing
We will get your express opt-in consent
before we share your personal data with any company outside the
Exis group of companies for marketing purposes.
Exis as a data
processor
For products where we are hosting your
dangerous goods shipment data or training records and acting as a
data processor for your data then the terms in Appendix A will also
apply.
Opting out
You can ask us or third parties to stop
sending you marketing messages at any time by logging into the
website and checking or unchecking relevant boxes to adjust your
marketing preferences or by following the opt-out links on any
marketing message sent to you or by contacting us at any time.
Where you opt out of receiving these
marketing messages, this will not apply to personal data provided
to us as a result of a product/service purchase, warranty
registration, product/service experience or other transactions.
Cookies
You can set your browser to refuse
all or some browser cookies, or to alert you when websites set or
access cookies. If you disable or refuse cookies, please note that
some parts of this website may become inaccessible or not function
properly. For more information about the cookies we use, please see
our Cookie Policy on our website /
Change of purpose
We will only use your personal data
for the purposes for which we collected it, unless we reasonably
consider that we need to use it for another reason and that reason
is compatible with the original purpose. If you wish to get an
explanation as to how the processing for the new purpose is
compatible with the original purpose, please contact us.
If we need to use your personal data
for an unrelated purpose, we will notify you and we will explain
the legal basis which allows us to do so.
Please note that we may process your
personal data without your knowledge or consent, in compliance with
the above rules, where this is required or permitted by law.
5 Disclosures of your personal
data
We may have to share your personal
data with the parties set out below for the purposes set out in the
table in paragraph 4 above.
- Internal Third Parties as set out in the Glossary below.
- External Third Parties as set out in the Glossary below.
- Third parties to whom we may choose to sell, transfer, or merge
parts of our business or our assets. Alternatively, we may seek to
acquire other businesses or merge with them. If a change happens to
our business, then the new owners may use your personal data in the
same way as set out in this privacy notice.
We require all third parties to respect the
security of your personal data and to treat it in accordance with
the law. We do not allow our third-party service providers to use
your personal data for their own purposes and only permit them to
process your personal data for specified purposes and in accordance
with our instructions.
6 International
transfers
We share your personal data within
the Exis Group. This will involve transferring your data outside
the European Economic Area (EEA).
Many of our external third parties
are based outside the European Economic Area (EEA) so their
processing of your personal data will involve a transfer of data
outside the EEA.
Whenever we transfer your personal
data out of the EEA, we ensure a similar degree of protection is
afforded to it by ensuring at least one of the following safeguards
is implemented:
- We will only transfer your personal data to countries that have
been deemed to provide an adequate level of protection for personal
data by the European Commission.
- Where we use certain service providers, we may use specific
contracts approved by the European Commission which give personal
data the same protection it has in Europe.
- Where we use providers based in the US, we may transfer data to
them if they are part of the Privacy Shield which requires them to
provide similar protection to personal data shared between the
Europe and the US.
Please contact us if you want
further information on the specific mechanism used by us when
transferring your personal data out of the EEA.
7 Data security
We have put in place appropriate
security measures to prevent your personal data from being
accidentally lost, used or accessed in an unauthorised way, altered
or disclosed. In addition, we limit access to your personal data to
those employees, agents, contractors and other third parties who
have a business need to know. They will only process your personal
data on our instructions and they are subject to a duty of
confidentiality.
We have put in place procedures to
deal with any suspected personal data breach and will notify you
and any applicable regulator of a breach where we are legally
required to do so.
8 Data retention
How long will you use my personal data
for?
We will only retain your personal
data for as long as necessary to fulfil the purposes we collected
it for, including for the purposes of satisfying any legal,
accounting, or reporting requirements.
To determine the appropriate
retention period for personal data, we consider the amount, nature,
and sensitivity of the personal data, the potential risk of harm
from unauthorised use or disclosure of your personal data, the
purposes for which we process your personal data and whether we can
achieve those purposes through other means, and the applicable
legal requirements.
By law we have to keep basic
information about our customers (including Contact, Identity,
Financial and Transaction Data) for six years after they cease
being customers for tax purposes.
In some circumstances you can ask us
to delete your data: see Request erasure below for further
information.
In some circumstances we may
anonymise your personal data (so that it can no longer be
associated with you) for research or statistical purposes in which
case we may use this information indefinitely without further
notice to you.
9 Your legal rights
Under certain circumstances, you
have rights under data protection laws in relation to your personal
data.
- 1.
|
Request access to your personal data. This enables you to
receive a copy of the personal data we hold about you and to check
that we are lawfully processing it.
|
- 2.
|
Request correction of the personal data that we hold about you.
This enables you to have any incomplete or inaccurate data we hold
about you corrected, though we may need to verify the accuracy of
the new data you provide to us.
|
- 3.
|
Request erasure of your personal data. This enables you to ask
us to delete or remove personal data where there is no good reason
for us continuing to process it. You also have the right to ask us
to delete or remove your personal data where you have successfully
exercised your right to object to processing (see below), where we
may have processed your information unlawfully or where we are
required to erase your personal data to comply with local law.
Note, however, that we may not always be able to comply with your
request of erasure for specific legal reasons which will be
notified to you, if applicable, at the time of your
request.
|
- 4.
|
Object to processing of your personal data where we are relying
on a legitimate interest (or those of a third party) and there is
something about your particular situation which makes you want to
object to processing on this ground as you feel it impacts on your
fundamental rights and freedoms. You also have the right to object
where we are processing your personal data for direct marketing
purposes. In some cases, we may demonstrate that we have compelling
legitimate grounds to process your information which override your
rights and freedoms.
|
- 5.
|
Request restriction of processing of your personal data. This
enables you to ask us to suspend the processing of your personal
data in the following scenarios: (a) if you want us to establish
the data's accuracy; (b) where our use of the data is unlawful but
you do not want us to erase it; (c) where you need us to hold the
data even if we no longer require it as you need it to establish,
exercise or defend legal claims; or (d) you have objected to our
use of your data but we need to verify whether we have overriding
legitimate grounds to use it.
|
- 6.
|
Request the transferof your personal data to you or to a third
party. We will provide to you, or a third party you have chosen,
your personal data in a structured, commonly used, machine-readable
format. Note that this right only applies to automated information
which you initially provided consent for us to use or where we used
the information to perform a contract with you.
|
- 7.
|
Withdraw consentat any time where we are relying on consent to
process your personal data. However, this will not affect the
lawfulness of any processing carried out before you withdraw your
consent. If you withdraw your consent, we may not be able to
provide certain services to you. We will advise you if this is the
case at the time you withdraw your consent.
|
If you wish to exercise any of the
rights set out above, please contact us.
No fee usually
required
You will not have to pay a fee to
access your personal data (or to exercise any of the other rights).
However, we may charge a reasonable fee if your request is clearly
unfounded, repetitive or excessive. Alternatively, we may refuse to
comply with your request in these circumstances.
What we may need from
you
We may need to request specific
information from you to help us confirm your identity and ensure
your right to access your personal data (or to exercise any of your
other rights). This is a security measure to ensure that personal
data is not disclosed to any person who has no right to receive it.
We may also contact you to ask you for further information in
relation to your request to speed up our response.
Time limit to
respond
We try to respond to all legitimate
requests within one month. Occasionally it may take us longer than
a month if your request is particularly complex or you have made a
number of requests. In this case, we will notify you and keep you
updated.
10 Glossary
LAWFUL BASIS
Legitimate Interest means the
interest of our business in conducting and managing our business to
enable us to give you the best service/product and the best and
most secure experience. We make sure we consider and balance any
potential impact on you (both positive and negative) and your
rights before we process your personal data for our legitimate
interests. We do not use your personal data for activities where
our interests are overridden by the impact on you (unless we have
your consent or are otherwise required or permitted to by law). You
can obtain further information about how we assess our legitimate
interests against any potential impact on you in respect of
specific activities by contacting us.
Performance of Contract means
processing your data where it is necessary for the performance of a
contract to which you are a party or to take steps at your request
before entering into such a contract.
Comply with a legal or regulatory
obligation means processing your personal data where it is
necessary for compliance with a legal or regulatory obligation that
we are subject to.
THIRD PARTIES
Internal Third
Parties
Other companies in the Exis Group
acting as joint controllers or processors and who are based in the
UK and provide IT and system administration services and undertake
leadership reporting.
External Third
Parties
- Professional advisers including lawyers, bankers, auditors and
insurers based in the United Kingdom who provide consultancy,
banking, legal, insurance and accounting services.
- HM Revenue & Customs, regulators and other authorities
based in the United Kingdom who require reporting of processing
activities in certain circumstances.
- Local partners such as TT Club, ICHCA International, CINS,
Interferry, MCP plc, Mersey Maritime, Freight Transport
Association.
- Distributors, including American Nautical Services, Cameon,
Haylock Maritime, New Learning Factory.
- Corporate Partners - National Cargo Bureau
Appendix A
DEFINITIONS
Data Protection Legislation: (i) unless
and until the GDPR is no longer directly applicable in the UK, the
General Data Protection Regulation ((EU) 2016/679) and any national
implementing laws, regulations and secondary legislation, as
amended or updated from time to time, in the UK and then (ii) any
successor legislation to the GDPR or the Data Protection Act
1998.
11 DATA PROTECTION
11.1 Both parties will comply with
all applicable requirements of theData Protection Legislation. This
clause 11 is in addition to, anddoes not relieve, remove or
replace, a party's obligations under theData Protection
Legislation.
11.2 The parties acknowledge that for
the purposes of the DataProtection Legislation, the Customer is the
data controller and Exisis the data processor (where Data
Controller and Data Processorhave the meanings as defined in the
Data Protection Legislation).Schedule 1 sets out the scope, nature
and purpose of processingus, the duration of the processing and the
types of personal data(as defined in the Data Protection
Legislation, Personal Data) andcategories of Data Subject.
11.3 Without prejudice to the
generality of clause 11.1, the Customerwill ensure that we have all
necessary appropriate consents andnotices in place to enable lawful
transfer of the Personal Data to usfor the duration and purposes of
this agreement.
11.4 Without prejudice to the
generality of clause 11.1, we shall, inrelation to any Personal
Data processed in connection with theperformance by our obligations
under this agreement:
(a) process that
Personal Data only on the written instructions of theCustomer
unless the we are required by the laws of any member ofthe European
Union or by the laws of the European Union applicable to us to
process Personal Data (Applicable Laws). Where we are relying on
laws of a member of the European Union or European Union law as the
basis for processing Personal Data, we shall promptly notify the
Customer of this before performing the processing required by the
Applicable Laws unless those Applicable Laws prohibit us from so
notifying the Customer;
(b) ensure that we have
in place appropriate technical andorganisational measures, reviewed
and approved by the Customer,to protect against unauthorised or
unlawful processing of Personal Data and against accidental loss or
destruction of, or damage to, Personal Data, appropriate to the
harm that might result from the unauthorised or unlawful processing
or accidental loss, destruction or damage and the nature of the
data to be protected, having regard to the state of technological
development and the cost of implementing any measures (those
measures may include, where appropriate, pseudonymising and
encrypting Personal Data, ensuring confidentiality, integrity,
availability and resilience of oursystems and services, ensuring
that availability of and access toPersonal Data can be restored in
a timely manner after an incident,and regularly assessing and
evaluating the effectiveness of the technical and organisational
measures adopted by it);
(c) ensure that all
personnel who have access to and/or process Personal Data are
obliged to keep the Personal Data confidential;and
(d) not transfer any
Personal Data outside of the European Economic Area unless the
prior written consent of the Customer has been obtained and the
following conditions are fulfilled:
(i) the Customer
or we have provided appropriate safeguards inrelation to the
transfer;
(ii) the data subject
has enforceable rights and effective legalremedies;
(iii) we comply with its
obligations under the Data Protection Legislation by providing an
adequate level of protection to any Personal Data that is
transferred; and
(iv) we comply with
reasonable instructions notified to it in advance bythe Customer
with respect to the processing of the Personal Data;
(e) assist the Customer,
at the Customer's cost, in responding to anyrequest from a Data
Subject and in ensuring compliance with itsobligations under the
Data Protection Legislation with respect tosecurity, breach
notifications, impact assessments and consultations with
supervisory authorities or regulators;
(f) notify the Customer
without undue delay on becoming aware of aPersonal Data breach;
(g) at the written
direction of the Customer, delete or return Personal Data and
copies thereof to the Customer on termination of the agreement
unless required by Applicable Law to store the Personal Data;
and
(h) maintain complete and
accurate records and information to demonstrate its compliance with
this clause 11.
11.5 The Customer does not consent to
us appointing any third party processor of Personal Data under this
agreement.
11.6 Either party may, at any time on
not less than 30 days' notice, revise this clause 11 by replacing
it with any applicable controller to processor standard clauses or
similar terms forming party of an applicable certification scheme
(which shall apply when replaced by attachment to this
agreement).
Schedule 1 - Processing,
Personal Data and Data Subjects
(a) Processing by
Exis
(i) Scope: Storage
of Dangerous goods shipments in Hazheck products hosted for the
Customer or Storage of Customer trainingrecords in Exis e-learning
solutions
(ii) Nature: For
Hazcheck the Customer may enter names and addresses of their own
customers when processing a dangerousgoods shipment in the hosted
Hazcheck product. For Exis e-learning courses the Customer may
enter student names and address and the solution hosted by Exis
will hold a record of the courses taken and results for each
student on behalf of the Customer
(iii) Purpose of
processing: Exis holds the data in order to provide the contracted
service to the Customer. Exis hosts the service on behalf of the
Customer and the Customers subscribes and accepts terms to join the
service.
(iv) Duration of the
processing: Exis holds the records for the duration of the
Customers subscription and thereafter for as long as legally
required.
(b) Types of personal
data: Names, address, contact information andtraining records
(e-learning only)
(c) Categories of data
subject: Customer data