Kuehne+Nagel

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Powrót myFairLOG Privacy Notice

Privacy notice when using the “myFairLOG” websites and the “myFairLOG” Platform and services

(1) GENERAL

(1.1.) With this privacy notice we inform you about the processing of personal data when using our websites and our Platform. Personal data is any information relating to an identified or identifiable natural person (hereinafter "you"), e.g. name, address, e‑mail addresses and user behaviour.

(1.2.) The controller according to Art. 4 para. 7 GDPR is:


Kuehne + Nagel Management AG

Kuehne + Nagel Haus

P.O. Box 67

8834 Schindellegi

Switzerland

Tel.: +41(0) 44 786 95 23

Email: privacy@kuehne-nagel.com

(1.3.) The data protection officer of the controller can be contacted at:

Kuehne + Nagel Management AG

Kuehne + Nagel Haus

P.O. Box 67

8834 Schindellegi

Switzerland

Tel.: +41(0) 44 786 95 23

Email: privacy@kuehne-nagel.com

If you use our Platform to communicate with other third parties as described in 5.4 of this Privacy Notice you are the (data) controller.

(2) YOUR RIGHTS

(2.1.) You have the following rights with respect to us with regard to personal data concerning you:

Right of access: You can request information in accordance with Art. 15 GDPR about your personal data that we process.

Right to rectification: If the information concerning you is not (or no longer) accurate, you can request a correction in accordance with Art. 16 GDPR. If your data is incomplete, you can request that it will be completed.

Right to erasure: You may request the erasure of your personal data in accordance with Art. 17 GDPR.

Right to restriction of processing: You have the right to request restriction of the processing of your personal data in accordance with Art. 18 GDPR.

Right to object to processing: You have the right to object at any time, on grounds relating to your particular situation, to the processing of your personal data carried out on the basis of Article 6 (1) f GDPR. The controller will then no longer process the personal data unless it can demonstrate compelling legitimate grounds for the processing which override the interests, rights and freedoms of the data subject, or for the establishment, exercise or defence of legal claims. The collection of data for the provision of the website and the storage of log files are necessary for the operation of the website.

Right to data portability: If the requirements of Art. 20 (1) GDPR are met, you have the right to have data that we process automatically on the basis of your consent or in fulfilment of a contract handed over to you or to third parties. The collection of data to provide the website and the storage of log files are necessary for the operation of the website. They are therefore not based on consent pursuant to Art. 6 (1) a GDPR or on a contract pursuant to Art. 6 (1) b GDPR, but are justified pursuant to Art. 6 (1) f GDPR. The requirements of Article 20 (1) of the GDPR are therefore not met in order to have those data transmitted to you or third parties.

Right to complain: If you believe that the processing of your personal data violates data protection law, you have the right to complain to a data protection supervisory authority of your choice pursuant to Article 77(1) of the GDPR.

You can exercise your rights at any time at https://privacy.kuehne-nagel.com/dsar-form/ .

(3) PROCESSING OF PERSONAL DATA WHEN DEALING WITH MYFAIRLOG

(3.1.) If you contact us by e-mail, the data you provide (e.g. your e-mail address, name and telephone number, if applicable) will be processed by us and stored in particular to answer your questions.

The legal basis of the data processing depends on the reason and content of the respective contact request. For requests related to an existing contractual relationship or the initiation of such a relationship, the legal basis is Art. 6 (1) lit. b GDPR. For all other inquiries, the legal basis is Art. 6 para. 1 lit. f GDPR. Our legitimate interest is to process your requests.

We delete the collected data in connection with support requests after the storage is no longer necessary or restrict the processing if there are legal retention obligations. The specific respective periods depend on the reason and content of your contact request.

(4) PROCESSING OF PERSONAL DATA WHEN VISITING THE MYFAIRLOG WEBSITE

(4.1.) This declaration applies to:

- the website: https://fairlog.kuehne-nagel.com/login

In addition the Website Privacy Policy (https://privacy.kuehne-nagel.com/-/website-privacy-policy#/ ) applies how Kuehne+Nagel handles personal data on the internet. It outlines what information about the users of Kuehne+Nagel websites is recorded and analyzed, and how this information is used, shared or otherwise processed.

(4.2.) In the case of purely informational use of the website, i.e. if you do not register to use the myFairLOG platform, log in or otherwise provide us with information, we collect and process the following data that is technically necessary for us to display our website to you and to ensure stability and security:

· IP address

· Date and time of the request

· Time zone difference to Greenwich Time (GMT)

· Content of the request (specific page)

· Access status / HTTP status code

· amount of data transferred in each case

· Website from which the request comes

· Browser

· Operating system and its interface

· Language and version of the browser software

(4.3.) Use of cookies

When you use our website, cookies are stored on your device. Cookies are information that we can read, in particular to recognize your device.

(4.4.) If you consent, the legal basis for the processing of your data is Art. 6 (1) lit. a GDPR. Data required for the operation of the website is processed on the basis of Art. 6 para. 1 lit. f GDPR. Our legitimate interest is to optimizing our website for our external presentation.

(5) PROCESSING OF PERSONAL DATA ON THE PLATFORM

If you register or log in to use the restricted user area of myFairLOG (also referred to as the "Platform"), we will collect the following additional data in addition to the data listed in sections 3 and 4 above:

(5.1.) Registration and general user profile

The user must register to fulfil a contract to which he is a party or to perform pre-contractual measures.

The use of our Platform requires a profile for each user. In this context, we process:

Data category

Purpose of processing

Personal data, e.g. names, contact details (including company addresses, telephone numbers) and passwords

We process this data in particular for user identification and administration and to process the services provided via our Platform.

Company details such as, type of company and legal form, VAT identification number

We need this information to provide our services, to invoice you and to make payments.

The legal basis for the processing of the data is Art. 6 para. 1 lit. a GDPR if the user has given his consent.

If the registration serves the fulfilment of a contract to which the user is a party or the implementation of pre-contractual measures, the additional legal basis for the processing of the data is Art. 6 para. 1 lit. b GDPR.

We are also subject to a large number of legal obligations (e.g. commercial- and tax laws) such as but not limited to, the German Freight Forwarders' Standard Terms and Conditions 2017 (ADSp 2017), but also, where applicable, regulatory and/or other official requirements.

The purposes of processing may include identity and age checks, comparisons with European and international anti-terror lists, the fulfilment of control- and reporting obligations under tax law, and the archiving of data for purposes of data protection and data security, as well as audits by tax- and other authorities. In addition, the disclosure of personal data may become necessary in the context of official/court measures for the purposes of gathering evidence, criminal prosecution or enforcement of civil claims.

This is done for the purpose of fulfilling legal requirements (Art. 6 para. 1 lit. c GDPR) or in the public interest (Art. 6 para. 1 lit. e GDPR).

(5.2.) Further information about the transport

In the context of transport management, we also process the following data:

Data category

Purpose of processing

Cargo specification, cargo site information

We need this information to process shipments, i.e. to provide our services to the client.

Transport specific contact information

We need this information to process shipments, i.e. to provide our services to the client.

Proof of Delivery

We need this information (such as the name of the driver, signature of a responsible person of the consignee of the cargo) to process shipments, i.e. to provide our services to the client.

If you are a customer yourself, the legal basis is Art. 6 (1) lit. b GDPR. If you are acting on behalf of a client or a recipient of a delivery, the legal basis is Art. 6 para. 1 lit. f GDPR. Our legitimate interest is to be able to provide our services to the client.

(5.3.) Additional Recipient Information

In certain areas of the Platform you may be permitted to provide contact details and email addresses of third parties (jointly “Third Party Data”) for the communication of supply chain data to such third parties. You are solely responsible for obtaining a legal basis for processing such Third Party Data and to provide information upfront to the data subject. In those cases you act as a data controller of Third Party Data; all subsequent responsibilities and requirements as per the applicable data protection legislation will apply.

(5.4.) Source of the personal data

In accordance with the principles of data protection law we process personal data only to the extent that it is necessary, we are permitted to do so on the basis of applicable legal requirements or we are obliged to do so.

Unless otherwise stated below, the terms "process" and "processing" also include, in particular, the collection, use, storage, disclosure and transfer of personal data (see Article 4 (2) of the GDPR).

(5.5.) Data from other sources

We process personal data from publicly accessible sources (e.g. commercial register, authorities, Internet) only to the extent that this is legally permissible, for example because it is necessary for the provision of our services.

This includes in particular the following data:

- Name and business address of the managing directors and shareholders as far as can be seen from the commercial registers.

(5.6.) Payment transaction

Payments are not processed directly via the myFairLOG portal. However, the following categories of data are processed:

Company details, billing address, e-mail address, invoice amounts, The purpose of the data processing is the payment processing between clients, and us.

If you yourself are a client, the legal basis is Art. 6 para. 1 lit. b GDPR.

(6) DURATION OF THE PROCESSING

We process and store your personal data only as long as we need them for contractual, legal or purposeful fulfilment. If there is no longer a legitimate interest, we will delete the data in compliance with any legal retention periods.

(7) SECURITY OF DATA PROCESSING

We take appropriate technical and organizational precautions to ensure the security of the personal data we process. The data is conscientiously protected against loss, destruction, corruption, manipulation and unauthorized access or unauthorized disclosure. Our employees and partners are obligated to maintain the confidential treatment of personal data and are informed about its handling. The security of the IT systems used is regularly monitored.

Our privacy policy as well as the information on data protection regarding our data processing pursuant to Articles (Art.) 13, 14 and 21 GDPR may change from time to time. It is therefore recommended that you re-read this privacy policy at regular intervals.