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Privacy Policy

Effective as of May 25, 2018
 
The New York Shipping Exchange, Inc. (“NYSHEX,” “us”, “we,” or “our”) provides this privacy policy (“Policy”) outlining how we collect, use, disclose and otherwise process information that we receive via www.nyshex.com or any software application made available by NYSHEX for use on a computer, a tablet, mobile phone or other mobile devices (the “Website”) and information received pursuant to the Membership Agreements as well as the choices you have concerning such information. PLEASE READ THIS PRIVACY POLICY CAREFULLY BEFORE USING THE WEBSITE.


This Policy does not apply to access to NYSHEX’s Contracting System, whether through the internet or by other means. Access to NYSHEX’s Contracting System is limited to members and participants who have entered into other contracted agreements with NYSHEX or an affiliate of NYSHEX for such access, and is governed by the terms of those other contracted agreements.
 
Your use of this Website, and any dispute over privacy, is subject to this Policy and our Terms and Conditions, available here and from our homepage, including any applicable limitations on damage and the resolution of disputes. Our Terms and Conditions are incorporated by reference into this Policy.


COLLECTION OF INFORMATION 
When you subscribe to receive emails from NYSHEX, we collect personal information such as your name and email address.  When you register with our Website, we collect the following information from you during the registration process: your name, country of residence, address, phone number, job title, company, entity type (carrier, beneficial cargo owner, freight forwarder, NVO, etc.), MOT license number, trade interests, email address, and a password that you select.
 

When you become a member we obtain certain information such as first and last name, employer, business role, professional title, contact information (e.g. email, phone, physical address); usernames; passwords; business network; business experience; business interests; and device identification data.


We use cookies, web beacons, and other tracking technologies to collect information about you automatically as you use our Website. Examples of this type of information include, but are not limited to, the dates and time of your use of this Website and the route by which you choose to access it, including your IP (Internet Protocol) address, your browser type, your operating system, or domain name, and your use of any hyperlinks or downloadable content available on this Website. We combine this information with other information that we collect about you in order to provide services specifically tailored to your use of the Website.
 

COOKIES AND OTHER TRACKING TECHNOLOGIES 
Cookies, Web Beacons, and Other Tracking Technologies
Our Website uses various technologies to collect and store information when you visit, including using cookies and similar technologies to collect certain information about traffic to the Website. We also use these technologies to collect and store information when you interact with our Website.  You can reset your browser to refuse all cookies or to indicate when a cookie is being sent, however, some Website features or services will not function properly without cookies.
 
IP Addresses
We use your IP address for reasons including to help diagnosis and prevent service or technological problems reported by our users or engineers that are associated with the IP address controlled by a specific web company or ISP, estimate the total number of users from specific geographical regions using the Website, and to administer the Website. We also use your IP address to identify you when we feel it is necessary to enforce compliance with this Policy or to protect our services, Website, systems, information, employees, business partners, service providers, users, customers or others, and for other purposes described in this Policy.
 
Third Party Analytics Services
We use Google Analytics and other third-party services to improve the performance of the Website and for analytics and marketing purposes.  For more information about how Google Analytics collects and uses data when you use our Website, visit https://www.google.com/policies/privacy/partners/, and to opt out of Google Analytics, visit https://tools.google.com/dlpage/gaoptout/.   

USE OF YOUR INFORMATION 
We primarily use your information to provide our Website and membership services to you and to respond to your inquiries. We also use your information as follows: 

1. To communicate with you, including to respond to your comments or requests for information, to request feedback on our products or services, and to notify you about changes to our products or services. 

2. To deliver our services.

3. To help us understand our users, to tailor and enhance our product and service offerings, anticipate and resolve problems with any products or services supplied to you, create products or services that meet your needs, communicate with you about our products and services, provide access to restricted pages or contents of the Website. 

4. To comply with legal and/regulatory requirements. 

5. To identify you when you log into your account on our Website. 

6. For marketing and advertising purposes. For example, where permitted by applicable law, we will send you emails about NYSHEX services that we believe would be of interest to you. We do not, however, share your information with third parties for their own marketing purposes. We also will use the information that we collect to evaluate the success of our advertising campaigns. 

7. For Website development, research, analytics, assessing patterns of use, regulatory purposes, planning and assessing marketing initiatives by NYSHEX. 

8. As required or permitted by law. 

 

We do not use automatic decision-making or engage in profiling.

 

Sharing of Information 
Third Party Service Providers
To enable us to more efficiently provide the products and services you have requested from us, NYSHEX shares your personal information with selected third parties such as government agencies, marketing analytics consulting firms, shipping agencies, industry associations, email service providers, web hosting providers, customer relationship management tools, enterprise resource planning system, etc. that act on our behalf as our agents, suppliers, or providers, or these third parties collect your personal information on NYSHEX behalf. The collection, transfer, storage, and processing of your personal information is undertaken by these selected third parties for the purpose for which the information was collected. Our service providers are given the information they need to perform their designated functions, and we do not authorize them to use or disclose your personal information for their own marketing purposes.
 
In some cases, we provide personal information to a third party only if that party agrees (1) to provide adequate protections for your privacy interests that are no less protective than those set out in this Policy, and (2) to use the personal information only for the purposes for which the third party has been engaged by NYSHEX.
 
Transfer of Business Assets
As we continue to develop our business, we might acquire or buy other businesses or assets. In such transactions, customer information generally is one of the transferred business assets. Also, we transfer any information we have about you as an asset to third parties in connection with a merger or sale (including transfers made as part of insolvency or bankruptcy proceedings) involving all or part of NYSHEX, or as part of a corporate reorganization or other change in corporate control, for the purposes of such third parties carrying on the business of NYSHEX in relation to the continued provision of our services to you described in this Policy.
 
Disclosure for Other Lawful Purposes
As needed, NYSHEX will provide your personal information in response to a search warrant or other legally valid inquiry or order, or to an investigative body in the case of a breach of an agreement or contravention of law, or as otherwise required by applicable law. We also disclose personal information where appropriate for the establishment, exercise or defense of legal claims, or as otherwise permitted by law.

 

We share information that has been anonymized or aggregated without limitation.

 

International Visitors
This section applies to those that visit our Website, or join as members, from the European Economic Area or Switzerland.

 

Lawful Basis for Processing

On certain occasions, we process your personal information when it is necessary for the performance of a contract to which you are a party, such as to provide services to you.  We may also process your personal information to respond to your inquiries concerning our services.

 

On other occasions, we process your personal information where required by law.  We may also process your personal information if necessary to protect your interests or the interests of a third party.

 

Additionally, we process your personal information when necessary to do so for our direct marketing purposes and this interest is not overridden by your data protection rights.  Where we process your personal data for this purpose, our legitimate interest is to improve our services and keep our Website secure.

 

If the processing of personal information is necessary and there is no statutory basis for such processing, we will ask you for consent to process your personal information.  You have the right to withdraw your consent to processing of personal information at any time.

 

If you wish to exercise the right to withdraw consent, please contact us. See the “Contact Us” section below for contact information.

 

Transfers of Personal Information

Please be aware that the personal information we collect may be transferred to and maintained on servers or databases located outside your state, province, country, or other jurisdiction, where the privacy laws may not be as protective as those in your location. If you are located outside of the United States, please be advised that we process and store personal information in the United States and your consent to this privacy policy represents your agreement to this processing.

 

Your Rights

You have a right to the following:

> To request access to the personal information we hold about you;

> To request that we rectify or erase your personal information;

> To request that we restrict or block the processing of your personal information;

> Under certain circumstances, to receive personal information about you that we store and transmit to another without hindrance from us, including requesting that we provide your personal information directly to another, i.e., a right to data portability; and

> Where we previously obtained your consent, to withdraw consent to processing your personal information.

 

To exercise these rights, see the “Contact Us” section below.  Please be aware that NYSHEX may be unable to afford these rights to you under certain circumstances, such as if we are legally prevented from doing so.

 

Additionally, you have the right to lodge a complaint against us.  To do so, contact the supervisory authority in your country of residence.

 

Retention

We will process and store your personal information only for the period necessary to achieve the purpose of the storage, or as permitted by law.  The criteria used to determine the period of storage of personal data is the respective statutory period of at least five years, or at least two years for the period of storage of personal data that does not have a statutory retention period.  After expiration of that period, the corresponding data is routinely deleted, as long as it is no longer necessary for the fulfillment of a contract or the initiation of a contract or for other lawful purposes.


USER CHOICE 
If you wish to stop receiving information concerning our services or products, please contact us by email as provided in the Contact Us section below to notify us of your wishes.
 
ACCESSING YOUR PERSONAL INFORMATION 
If you have submitted personal information through the NYSHEX Website and you would like to access, update, or correct inaccuracies in your personal information, or have your name removed from our databases, please contact NYSHEX via email at compliance@nyshex.com, or send a letter to NYSHEX Compliance, Attn: Privacy Policy, New York Shipping Exchange, Inc., 233 Broadway, 21st Floor, New York, NY 10279.
 
If you are a registered user of our Website, you may also access your personal account information online and make changes by logging into your account.
 

SECURITY AND DATA INTEGRITY 
We have put in place certain safeguards to help prevent unauthorized access and maintain data security with respect to your personal information. Despite these protections, however, we cannot guarantee that your data will be 100% secure. You should take measures to protect your personal information.
 
USER SECURITY OBLIGATIONS 
Your online access to certain of your personal information may be protected by a password you select. We will never ask you for your password in any unsolicited communication (such as letters, phone calls or email messages). You have an obligation to keep your user ID, password and personal information secure. As part of maintaining this obligation we recommend that you do the following:

1. Keep your user ID and password confidential;

2. Utilize a unique password and change it frequently;

3. Make sure others are not watching you enter your user ID and/or password on your keyboard when using protected areas of the Website; and

4. Do not leave your computer unattended while logged onto protected areas of the Website. After you finished accessing your information, exit the protected area.

 

MINORS 
This Website and membership with NYSHEX is not intended for use by minors (persons under the age of 18, or under the age of majority in any area where this Website is used and the age of majority is greater than 18). If you are a minor, do not use this Website or attempt to become a member. If parents believe their minor children have provided us their personal information, please contact us using the information provided in the “Accessing Your Personal Information” section of this Policy so that we may delete this information.
 
OTHER SITES 
Our Website may contain links to other sites that NYSHEX does not own or operate. Also, links to our Website may be featured on third party websites on which we advertise, or are featured. Except as provided herein, we will not provide any of your personal information to these third parties without your consent. We provide links to third party websites as a convenience to the user. These links are not intended as an endorsement of or a referral to the linked websites. We recommend you read carefully the privacy statements, notices and terms of use of any linked websites. We do not have any control over such websites, and therefore we have no responsibility or liability for the manner in which organizations that operate such linked websites may collect, use or disclose, secure and otherwise treat your personal information.
 
CHANGES TO THIS POLICY
This Policy is current as of the effective date set forth above. We reserve the right to change this Policy from time to time without notice. Changes and modifications to this Policy will be effective immediately upon posting of the changes and modifications on the Website, except where prohibited by law. You are bound by any such revisions and should therefore periodically visit this page to review the current Policy. If at any time you choose not to accept the terms of this Policy, you should not use this Website.

 

Contact Us
If you have any questions, comments, or concerns about this Policy, please contact us in our role as data controller, at:  

NYSHEX Compliance

233 Broadway, 21st Floor

New York, NY 10279

compliance@nyshex.com 

 

For visitors from the European Economic Area or Switzerland, to contact our Data Protection Officer, please contact:

Arjun Anand

233 Broadway, 21st Floor

New York, NY 10279

arjun.anand@nyshex.com

Telephone: +1 646-893-4489

 

CALIFORNIA RESIDENTS   
California’s “Shine the Light” law provides that entities who do business with California residents who provide personal information in obtaining products or services for personal, family or household provide those residents with information about the customer information shred with other businesses for the direct marketing uses of said third party businesses once per year upon request. If applicable, this information would include the categories of customer information and the names and addresses of those businesses with which we shared customer information for the immediately prior calendar year (e.g. requests made in 2008 will receive information regarding 2007 sharing activities).
 
To obtain this information, please send an email message to compliance@nyshex.com with “Request for California Privacy Information, in the subject line and in the body of your message. We will provide the requested information to you at your e-mail address in response.
 
Please be aware that not all information sharing is covered by the “Shine the Light” requirements and only information classified as covered sharing will be included in our response.