Effective as of November 8, 2016
 
This Website, www.nyshex.com, is owned and operated by the New York Shipping Exchange, Inc. (“NYSHEX”), a Delaware corporation. In this privacy policy, “us”, “we” or “our” refers to NYSHEX. NYSHEX respects the privacy of every individual who uses this Website. This privacy policy (“Policy”) outlines the information we collect from the Website (as defined below) and how we use, disclose and otherwise manage that information, as well as the choices you have concerning such information. PLEASE READ THIS PRIVACY POLICY CAREFULLY BEFORE USING THE WEBSITE.
 
This Privacy Policy applies only to the information collected on our Website. For purposes of this Policy, “Website” means the website of NYSHEX available to the general public and located at, www.nyshex.com, or any software application made available by NYSHEX for use on a computer, a tablet, mobile phone or other mobile devices. By submitting your personal information to NYSHEX through the website, you consent to the collection and use of your personal information in accordance with this Policy.
 
This Policy does not apply to access to NYSHEX’s contracting platform, whether through the internet or by other means. Access to NYSHEX’s contracting platform 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 the services NYSHEX provides, 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.

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.
 
COLLECTION OF INFORMATION 
Information We Collect Directly. We collect personal information from you when you use our website; the types of information we collect from you depend on your interaction with our Website and services. We require you to register with our Website to access certain features, and you may elect to receive additional information from NYSHEX. In the event you register or request information, we may collect the following information form 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.), email address, and a password that you select.
 
Information We Collect About You Automatically. We may 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 may combine this information with other information that we collect about you in order to provide services specifically tailored to your use of the Website.
 
USE OF YOUR INFORMATION 
We primarily use your information to provide our services to you and to respond to your inquiries. We also may 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 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 may meet your needs, communicate with you about our products and services, provide access to restricted pages or contents of the Website. 
  3. To comply with legal and/regulatory requirements. 
  4. To identify you when you log into your account on our Website. 
  5. 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. 
  6. For Website development, research, analytics, assessing patterns of use, regulatory purposes, planning and assessing marketing initiatives by NYSHEX. 
  7. As required or permitted by law. 
 
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, and this may include 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 site.  You can reset your browser to refuse all cookies or to indicate when a cookie is being sent, however, some website features or services may not function properly without cookies.
 
VISITING OUR WEBSITE WITH YOUR BROWSER SET TO ACCEPT COOKIES TELLS US YOU WANT TO USE OUR SERVICE AND YOU CONSENT TO OUR USE OF COOKIES AND OTHER TECHNOLOGIES TO PROVIDE YOU OUR SERVICE.

IP Addresses
We may 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 may 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.
Some parts of our website use third party analytic services to help us create a better user experience. Currently, we use Google analytic services. To opt out visit the Google Analytics opt-out page and install the add-on for your specific browser.
 
Do Not Track
Currently, we do not support Do Not Track or “DNT.” DNT is a preference you set in your web browser to tell visited websites you do not want to be tracked. You can enable or disable DNT through the preferences or settings of your web browser.
 
DISCLOSURE AND ONWARD TRANSFERS 

Third Party Service Providers
To enable us to more efficiently provide the products and services you have requested from us, NYSHEX may share your personal information with selected third parties that act on our behalf as our agents, suppliers, or providers, or these third parties may collect your personal information on NYSHEX behalf. You acknowledge that the collection, transfer, storage, and processing of your personal information may be 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 may 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 may 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
NYSHEX may 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 may also disclose personal information where appropriate for the establishment, exercise or defense of legal claims, or as otherwise permitted by law.
 
USER CHOICE 
If you wish to stop receiving information concerning our services or products, please contact us by email to notify us of your wishes.
 
NOTICE TO NON-U.S. USERS 
We may transfer, process, and store your personal information outside of your home country, including in the United States, which may not have the same level of data protection as your home country. For the avoidance of doubt, if you are a resident of the European Economic Area (EEA) this may include the transfer of your personal information from within the EEA to a country outside of the EEA.
 
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 support@nyshex.com, or send a letter to Customer Service & Operations Support, 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 OBLIGATION 
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 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. If parents believe their minor children have accessed this Website and provided 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.
 
COMPLAINTS/COMMENTS   
NYSHEX takes your privacy concerns seriously. If you have any questions about this Policy, or if you believe that NYSHEX has not complied with this Policy with respect to your personal information, you may write to support@nyshex.com or send a letter to New York Shipping Exchange, Inc. Attention: Privacy Policy, 30 Broad St, 14th Floor, New York, NY 10004.
 
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 support@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.