Last Updated: 9 September, 2016
PRIVACY AND SECURITY STATEMENT
This Privacy and Security Statement applies to websites which are owned and operated by OOCL Logistics Limited ("OLL") under the registered domain name of oocllogistics.com ("OLL Website" or "Website"). References to this Privacy and Security Statement includes the Appendix.
As part of the normal operation of our services we collect and, in some cases, disclose information about you including the personal data set out in Paragraphs 2 and 3 of Schedule 2 (“Personal Data"). OLL cares about your privacy and about the confidentiality and security of you provided to us online. OLL is committed to safeguarding your privacy. This OLL Privacy and Security Statement explains how the Personal Data provided by you will be processed in accordance with your instructions as you access and interact with the OLL Website.
To address our mutual rights, duties and obligations arising as a result of the implementation of the General Data Protection Regulation 2016/679 (“GDPR") and the Applicable Data Protection Laws (as defined), that come into effect across the EU on 25 May 2018, in our provision of the Services, the User and you authorise OLL to process Personal Data provided to OLL or which is made available to it for the purposes of providing Services to the User and you pursuant to the contract of carriage and for any other purposes. In respect of any personal data you have provided to us to process for performing the contract of carriage, you as the User shall be the “Data Controller" and OLL shall be a “Data Processor" for the purposes of GDPR and/or the Applicable Data Protection Law. The terms in the Framework in the
Appendix are incorporated in this Privacy and Security Statement. The Data Subjects, Categories of Personal Data, Processing Operations and Duration of Processing relevant to the provision of the Services are defined in Schedule 2 of the Framework in the
Appendix .
In addition to the provisions of this Privacy and Security Statement, there may also be specific and additional privacy provisions, which apply to certain sections of the OLL Website. As those specific and additional provisions also relate to your privacy protection, you should review them wherever they are accessible by you on the OLL Website. In the event of any inconsistency between the provisions of this Privacy and Security Statement and those other specific and additional provisions, the specific and additional provisions will prevail.
1. Acceptance and changes to Privacy and Security Statement
This Privacy and Security Statement is incorporated into and subject to the Terms of Use, which together is intended to constitute a single binding agreement of terms and conditions for your use of the Service and of this Website ("the Agreement"). This Privacy and Security Statement shall supplement the Terms of Use and, for the avoidance of doubt, terms defined therein shall have the same meanings in this Privacy and Security Statement unless the context indicates or requires otherwise. In the event of a conflict, the provisions of the Terms of Use will prevail. You acknowledge and accept that your use of and/or access to the OLL Website and/or Service indicate your acceptance to the Agreement.
This is the current Privacy and Security Statement. It replaces any other Privacy and Security Statement for the OLL Website published on OLL Website to date. As the OLL Website develops and as technology evolves, OLL will continue to strive to provide you with better and more customized services and with a more effective web site. OLL may at any time revise the Privacy and Security Statement by publishing the revised Privacy and Security Statement on the OLL Website. You accept that by doing this, OLL has provided you with sufficient notice of the changes. OLL nevertheless encourages you to review the Privacy and Security Statement periodically because the Privacy and Security Statement may change from time to time.
2. Information and Personal Data We Collect
We collect information from you in order to provide you with a smooth, efficient, and customized service while enjoying services provided by OLL. Some of this information may be of a form or format that identifies you or another person ("Personal Data").
The more information you volunteer (and the more accurate it is), the better we are able to customize your experience. Please note that pursuant to Section 2.03(l) and Article 6 of the Terms of Use, you have warranted the accuracy of any Personal Data or Content which you may Post.
If you visit the OLL Website to read, browse or download information, our system will record the date and time of your visit to our Website, the pages viewed and any information downloaded.
The OLL Website offers a number of non-interactive and interactive services.
We generally do not capture any Personal Data that you may enter when using the non-interactive service.
To use some of the services provided by OLL, you may need to complete various online form(s) where you will be required to provide us with Personal Data, such as name and e-mail address.
Whenever you provide OLL with Personal Data, we make an effort to include a link to this Privacy and Security Statement.
You authorize OLL to automatically track certain Personal Data about you based upon your behaviour on the OLL Website and to use this information to do internal research on registered users' shipping preferences and behaviour to better understand and serve our users. Such Personal Data are compiled and analyzed on an aggregated and cumulative basis in accordance with this Privacy and Security Statement.
3. Third Party Websites
The OLL Website also contains links to the websites of third party providers of goods and services ("Third Party Websites") who may collect Personal Data about you. If you have accessed Third Party Websites through the OLL Website and if those third parties collect information about you, OLL may also receive or have access to that information as part of our arrangements with those third parties.
Third Party Websites should contain their own privacy statements. Third Party Websites are not covered by this Privacy and Security Statement or other provisions of the Agreement and are responsible for informing you about their own privacy practices.
4. Third Party Hosting Service and other Service Providers
(a) OLL may contract with one or more third parties (“Third Party Host") to maintain and host the OLL Website and/or any other network communications infrastructure or any software or other functions made available to you by OLL or its third party service providers (all together, with the OLL Website, the “OLL Network") or portions thereof. Therefore, any information you submit, including Personal Data, will be placed and stored on a computer server maintained by such third party. Your use of the OLL Network and any provision of information, Content or Data to or through the OLL Network constitutes your acknowledgement that such information, Content or Data could pass through and may be stored in servers outside the control of OLL and may be accessed by the administrator of such site and others that gain access to OLL's or Third Party Host's server or stored files. In circumstances when you directly provide Personal Data to the Third Party Host without going through OLL, the Third Party Host is the data processor acting upon instructions from you as the data controller under the GDPR. Except as may be required by applicable laws, you agree that OLL has no liability or responsibility for any unauthorized disclosure resulting from or arising in connection with such pass through or storage of same.
(b) You authorise and instruct OLL to transfer Personal Data to our vendors, suppliers and hosting providers (together with “Third Party Host", the “Service Providers") in order for such Service Providers to 1) provide us with products and services related to better operation and maintenance of the OLL Network; or 2) assist us in processing information and/or carrying out any of the authorized uses of your information described in Section 6 below. OLL takes all reasonable legal, technical and organizational measures to ensure adequate security and protection of the Personal Data for any such transfers.
5. Cookies
OLL uses "cookies" as a fundamental part of our interaction with your Internet browser. The intention is to provide you with a better and more customised service and with a more effective website.
A "cookie" is a small text file placed on your computer by our webpage server. A cookie can later be retrieved by our webpage servers. Most cookies are "session cookies", meaning that they are automatically deleted at the end of a session.
A cookie is set when you register or "Log In" and is modified when you "Log Out" of our services. Currently, each browser accessing OLL Website is given a unique cookie which is then used to determine the extent of repeat usage and usage by a registered user as opposed to an unregistered user.
Most of the areas of the OLL Website use cookies. Accordingly, if you wish to make full use of the OLL Website, it is required that you accept cookies. If your browser is configured to reject all cookies you may be unable to use certain services on the OLL Website that require cookies in order to participate.
You are always free to decline OLL's cookies if your browser permits, although in that case you are limited to using our non-interactive service of the OLL Website.
Advertising networks that serve advertisements onto OLL Website may also use their own cookies.
6. Use and disclosure of information and Personal Data
(a) Information provided by you that is not Personal Data may be used or shared as OLL in its sole discretion deems appropriate. Personal Data provided by you will generally be used by us or third parties or disclosed to third parties in ways that have been authorized and instructed by you as set out in this Privacy and Security Statement. By using or accessing the Website and/or the Service, you expressly consent to our use, disclosure and processing of the information you provide to OLL.
(b) Generally, OLL use your Personal Data:
(1) to remind us of who you are and to access your account information (stored on our computers) in order to deliver to you a better and more personalized service.
(2) to estimate our audience size and to statistically analyze the usage.
(3) to identify pages you have accessed and Third Party Websites you have accessed.
(4) to improve our marketing and promotional efforts.
(5) to measure certain traffic patterns, which areas of the OLL Websites you have visited, and your visiting patterns in the aggregate. We use this research to understand how our users' habits are similar to or different from one another so that we can make each new experience on OLL Website a better one. OLL may use this information to better personalize the content, banners, and promotions that you and other users will see on our Websites.
(6) to improve our service
(7) for administrative and security purposes.
(c) OLL may also use:
(1) Personal Data to deliver information to you that, in some cases, is targeted to your interests, such as, new services.
(2) your email address, your mailing address, and phone number to contact you regarding administrative notices, new features and communications relevant to your use of OLL Website.
(3) information in the file that OLL maintains about you, and other information OLL obtains from your current and past activities on OLL Website, to resolve disputes, troubleshoot problems and enforce the Agreement.
(d) OLL will only disclose your Personal Data provided by you when:
(1) You have authorised OLL to do so;
(2) OLL has given you notification of the intended use or disclosure and you have not objected to that use or disclosure;
(3) OLL believes that such disclosure is reasonably necessary to enforce the Agreement, or to respond to claims of violation of the rights of third parties or to protect the rights, property or personal safety of OLL, its Affiliates, (as defined in Section 1.07 of the Terms of Use), OLL users and the public.
(4) OLL believes that the use or disclosure is reasonably necessary to assist a law enforcement agency or an agency responsible for national security in the performance of their functions; or
(5) OLL is authorized, required or permitted by law, governmental or quasi government agencies to disclose the information.
(e) You hereby authorize and consent that OLL may disclose Personal Data to the following entities, organizations and persons for so long and to the extent, you have not notified OLL in writing that you object to such disclosures:
• Affiliates, employees, agents, delegates, sub-processors of OLL, who use the Personal Data for the same purposes as OLL.
• Your representatives (e.g. your authorised representatives or legal advisers).
• Third parties with whom OLL is jointly offering or co-branding products, including business alliances of OLL, for purposes of making such joint product offerings and marketing them to you, unless you have indicated, in accordance with Section 8 (b) of this Privacy and Security Statement, that you do not wish to receive this information.
• Service Providers
• Credit-reporting and fraud-checking agencies.
• Our professional advisers, including our accountants, auditors and lawyers.
• Government and regulatory authorities and other organisations, as required or authorised by law.
• Organisations involved in:
o a transfer/sale of all or part of our assets or business (including accounts and trade receivables); and
o managing our corporate risk and funding functions.
• Telecommunication and information service providers.
• Third party licensors.
An exception is where you access a Third Party Website from the OLL Website. In that case, information generated by cookies and information about your preferences or other information that you provide about yourself may be shared between that third party, the person hosting the Third Party Website, OLL and/or its Affiliates. OLL uses the information to provide you with information about products and services that may be of interest to you. It may also be used for the enhancement of services offered through the OLL Website and Third Party Websites.
7. How we handle E-mails
We will preserve the content of any e-mail that you send us, if we believe that we have a legal requirement to do so. Any Personal Data contained in your e-mail, including your e-mail address, will be used or disclosed in ways set out in this Privacy and Security Statement. Your e-mail message content may be monitored by OLL's employees for trouble shooting and maintenance purposes or where e-mail abuse is suspected.
8. Choices Provided by OLL
(a) You have the right to request OLL not to use or retain Personal Data collected from you. However, we may retain in our files some of the Personal Data you have requested to be removed in some circumstances, such as to resolve disputes, troubleshoot problems and/or enforce the Agreement. Further, such prior information is never completely removed from our databases due to technical constraints and the fact that we back up our systems. Therefore, you should not expect that all of your Personal Data would be completely removed from our databases in response to your requests. Please contact Web Administrator as stated in Section 12 to exercise your rights in this regard.
(b) OLL also provides users with tools to enable them to manage e-mails from OLL. Upon registration, users may complete a user profile indicating whether they would like to receive promotional e-mails from OLL. Users who indicate that they are not interested in receiving such e-mails are not included in promotional e-mail distributions from OLL. Users have the ability to edit their profiles at any time to update their preference with regard to such e-mails, either by logging into the site, or by contacting OLL Web Administrator as stated in Section 12 below. Upon editing your profile, you can expect to be removed from promotional distributions within ten business days of the changes you make. In addition, all promotional e-mails from OLL contain instructions on how the recipient can opt out of receiving similar e-mails in the future by replying to the e-mail.
(c) OLL communications such as administrative and technical notices, notices of new features and other messages relevant to your use of the OLL Website may contain a link to a web page with instructions on how users can unsubscribe from these sorts of transactional messages. If you choose to unsubscribe to these messages, you will bear the risk that you may not receive messages that are important to your continued use of the OLL Website.
9. Reviewing and Changing your Personal Data
You can review and change the information you submitted including but not limited to the following:
(i) Your Password and email address. If you change your Password, OLL keeps track of your old Password and your new Password.
(ii) Your address, city, state, zip code, country, primary phone number, secondary phone number, and fax number.
(iii) Your shipping preferences and preferred time zone
You must promptly update us of any changes to your information.
10. Security of Information
OLL takes reasonable technical and organizational measures against unauthorised or unlawful processing, accidental loss or destruction of, or damage to the Personal Data, and ensure that all persons who have access to process Personal Data have committed themselves to appropriate obligations of confidentiality in accordance with the GDPR and this Privacy and Security Statement and of OLL's placed cookies. OLL will use standard industry efforts to safeguard the confidentiality of your Personal Data, such as firewalls and secure socket layers. You acknowledge that notwithstanding the steps OLL takes to ensure security, there can be no guarantee of security on the internet and that the risk of interception of and tampering with any communication in relation to the OLL Website is your own.
11. Important Reminders
This is to remind you that in the Terms of Use you have provided OLL with all such necessary consents, licenses, permits and authorizations as may be required by any applicable law or otherwise (including all privacy and other data protection regulations and legislation) as shall be necessary for the transfer of personal data to OLL, its Affiliates and/or third parties wherever they may be situated, and for the use and processing of such data by OLL, its Affiliates and/or third parties.
Also note that under Section 6.03 of the Terms of Use you are responsible for the security of your password and you may not disclose your password to any third parties nor share it with any third parties. If you lose control of your password, you may lose substantial control over your Personal Data and may be subject to legally binding actions taken on your behalf. Therefore, if the security of your password has been compromised for any reason, you should immediately notify us and change your password.
OLL will never ask you for your password in an unsolicited phone call or in an unsolicited e-mail. Also remember to sign out of your OLL account in the correct manner and close your browser window when you have finished your work. This is to ensure that others cannot access your Personal Data and correspondence if you share a computer with someone else or are using a computer in a public place.
Once OLL receives data transmitted by you, we take reasonable technical and organizational measures to preserve the security of the information in our own systems. We remind you that different means exist and are being developed for deployment in the context of the Internet which will enable you to improve the protection of your data. Therefore, we encourage you as the data controller to use all available means to protect your data and communications such as access codes to your own personal computer.
We also remind you that you as the data controller may be legally responsible for the processing of data, for example, if you illicitly upload or download and that everything may be traced back to you even if you use a pseudonym.
12. Contacting Us
Should you have any questions about this Privacy and Security Statement, the practice of the OLL Website, or your dealings with the OLL Website, you can contact:-
OOCL Logistics Web Administrator
OOCL Logistics Limited
Address: 12/F, One Harbour Square,
181 Hoi Bun Road, Kwun Tong,
Kowloon HONG KONG
Email: webmaster@oocllogistics.com
APPENDIX – Framework
