Privacy and Data protection Policy


 

Data Protection is of high concern to the management of MACS Maritime Carrier Shipping GmbH & Co. (“MACS”). Please read this Privacy and Data Protection Policy carefully to get a clear under-standing of how MACS collects, processes, stores, protects and deletes personal data in compliance with applicable data protection laws (in particular the EU General Data Protection Regulation (“GDPR”)).

 

Contact details of MACS
MACS Maritime Carrier Shipping GmbH & Co.
Grosse Elbstr. 138
22767 Hamburg
Germany
Phone: +49403767301
E-mail: hamburg@macship.com
Website: www.macship.com

Name and address of Data Protection Officer
Mr Stefan Winkelmann (DPO)
MACS Maritime Carrier Shipping GmbH & Co.
Grosse Elbstr. 138
22767 Hamburg
Germany
Phone: +49403767301
E-mail: data-protection@macship.com
Website: www.macship.com

1. When, why and what personal data does MACS collect from the people that visit the web-site and on which legal basis?

a) Cookies

Like many other websites, the MACS website uses so-called "cookies". Cookies are small text files that are transferred from a website server to your computer when visiting the MACS website. The cookies used by MACS do not store any personal data and therefore cannot be attributed to a specific person. The MACS website can also be visited without cookies by adjusting the settings of your browser. By disabling cookies, some features of the MACS website may no longer work. Most of the cookies are deleted from your hard drive after the browser session (session cookies). Session cookies are required to store your language preferences and to increase the security of the page (in particular to prevent cross-site request forgery). Other (persistent cookies) remain on your computer and allow MACS to generate usage statistics of its site and the sub-pages, to make the website’s offers more appropriate for you and to facilitate its use, e.g. by making frequently accessed pages more easily accessible. Persistent cookies are deleted automatically after one year. The maximum lifetime of persistent cookies set by Google Analytics (see section 2. a) below) is two years. You can delete cookies in the security settings of your browser at any time. The legal basis for the use of cookies is Art. 6 para. 1 sentence 1 lit. f) GDPR (legitimate interest in data processing).

b) Server log-files

For technical reasons MACS collects information data from you when you access the website or enter information on the site. This data, transmitted by your browser, is stored in so-called server log-files. In detail this includes the name of your provider, your IP address, your browser type and version, browser language, your operating system, the page where the request comes from and the time of the server enquiry, time zone difference to Greenwich Mean Time (GMT), access status/http status, amount of data transmitted in each case, name of requested files and session cookies.

The IP address of your computer and data linked to this IP address may be seen as personal data. The server log files are stored for a limited period of time (maximum 1 week). Thereafter, the log files are deleted or anonymized. The legal basis for the processing (in particular: collection and use) of the server log-files is Art. 6 para. 1 sentence 1 lit. f) GDPR, since it is necessary in order to enable the use of the website and for data security purposes.
MACS uses no tools and generally has no means to attribute the aforementioned data to specific individuals, insofar ruling out the possibility of personal identification.

c) Contact Form, Rate Request Form, Tools
In case you contact MACS to send certain requests, MACS collects the following details as far as provided by you:

  • rate request: contact data such as company, name, phone and e-mail; requested shipping details such as precarriage, port of loading, port of discharge, oncarriage; cargo details such as commodity, weight, number of packages, container type, hazardous goods (yes/no), remarks on harbor and direction of travel
  • VGM submission: booking reference ,TAN, IP-Address, verified gross mass, name of the shipper and the person signing the VGM submission as well as any further information voluntarily provided by you if you so choose
  • tracking & tracing request: B/L number and container number
  • request on services and terminals: starting harbor, destination and line
  • quick contacts: your name, your e-mail and you message, selected office

If your request takes place in the context of an agreement to which you are a party, the legal basis of the collection of the aforementioned data is Art. 6 para. 1 sentence 1 lit. b) GDPR. In other cases, namely requests in the context of a service provided for free, the legal basis is Art. 6 para. 1 sentence 1 lit. f) GDPR. If you contact us via the MACS website contact form, the legal basis for the use of your name, e-mail address and the selected office as well as the content of your message including voluntarily given information such as address and telephone is Art. 6 para. 1 sentence 1 lit. f) GDPR.

Storage of the IP-Address alongside the VGM data is based on your consent, Art. 6 para. 1 sentence 1 lit. a) GDPR.

All data mentioned above will be processed only for the purpose of fulfilling your request. Thus, MACS temporarily stores such data for the required duration necessary to achieve the purpose of your request (e.g. order processing). VGM data will be stored for 6 months after the relevant container has been delivered. Data will be stored longer if legally required (e.g. tax purposes in which case the storage period will usually be 10 years) and/or if we enter into a business relationship for which the data is relevant.

2. Third Party Disclosure

a) Google Analytics

The MACS website uses Google Analytics, a web analysis service of Google, Inc. ("Google"). The use is based on Art. 6 para. 1 sentence 1 lit. f) GDPR. Google Analytics uses "cookies", which are text files placed on your computer, to help the website analyze how users use the website. The information generated by the cookies concerning your use of this website is usually sent to a server of Google in the USA and stored there.

This applies in particular to information about browser type/version, operating system used, referrer URL (the previously visited page), host name of the accessing computer (IP address) and time of the server request. MACS has activated IP anonymisation on its website so that Google will reduce your IP address within Member States of the European Union or in other states party to the Agreement on the European Economic Area before transferring it to the USA. Only in exceptional cases will the full IP address be transmitted to a Google server in the USA and shortened there. On behalf of the operator of this website, Google will use this information to evaluate your use of the website, to compile reports on website activity and to provide the website operator with other services relating to website and Internet use. The IP address transmitted by your browser in the context of Google Analytics is not merged with other Google data.

You may refuse the use of cookies by selecting the appropriate settings on your browser, however please note that if you do this you may not be able to use the full functionality of the MACS website. You can also prevent Google from collecting the data generated by the cookie and relating to your use of the website (including your IP address) and from processing this data by Google by downloading and installing the browser plug-in available under the following link:
http://tools.google.com/dlpage/gaoptout.

MACS uses Google Analytics including the functions of Universal Analytics. Universal Analytics allows MACS to analyze the activities on the pages across devices (e.g. for access via laptop and later via a tablet). This is made possible by the pseudonymous assignment of a user ID to a user. No personal data will be forwarded to Google. Even if Universal Analytics adds additional features to Google Analytics, this does not mean that it restricts privacy measures such as IP masking or the browser add-on. Further information on data protection in connection with Google Analytics can be found in the Google Analytics Help:
https://support.google.com/analytics/answer/6004245

b) YouTube

MACS uses the video sharing platform YouTube, a service by YouTube LLC, 901 Cherry Ave. San Bruno, CA 94066, USA, represented by Google LLC, 1600 Amphitheatre Parkway, Mountain View, CA 94043, USA. YouTube is a platform that enables the playback of audio and video files.

When you access a page of the MACS website on which a YouTube-Plugin is embedded, YouTube's affiliate player will connect to YouTube to ensure a technical transmission of the video or audio file. We have embedded the videos hosted by YouTube in a way that ensures data is only transferred to YouTube when you click on the video to view it. When you connect to YouTube, data is transferred to YouTube. This includes information about the individual webpages you have visited on our website. If you are logged in as a member of YouTube, YouTube assigns this information to your personal account. In case you click the start button of the video, this information is also assigned to your YouTube-Account. You can prevent this connection by logging out of your personal YouTube-account and other personal accounts of the companies YouTube LLC and Google Inc. and deleting the corresponding cookies of these companies. For embedded videos, MACS uses YouTube‘s extended data protection mode, which prevents YouTube from analyzing the user behavior for the purpose of personalization via cookies.

The purpose and scope of the data collection, the further processing and use of the data by YouTube as well as the related rights and setting options to protect the privacy of the customer, can be found in the privacy policy of Google which also covers YouTube: https://policies.google.com/privacy

c) Other

MACS will not sell or otherwise market your personal data to third parties. MACS does however transfer data to website hosting partners and other parties who assist MACS in operating the website, conducting our business, or servicing you, so long as those parties agree to keep this information confidential. In case you make a request and it emerges that this request relates to an associated company (namely MACS Cross Trading GmbH & Co. KG, MACS Linienagentur GmbH, MACS Benelux B.V., MCPAS – Agência de Navegação, S.A.), MACS may forward your request to this company on the basis of Art. 6 para. 1 sentence 1 lit. f) GDPR in order to respond to your request. MACS may also release your information when believed release is appropriate to comply with the law, to enforce MACS’ site policies, or protect MACS’ or others' rights, property, or safety. MACS does not allow any other third party to conduct behavioral tracking.

d) Hyperlinks

The MACS website may contain hyperlinks, e.g. electronic cross-references giving access to the web pages of other companies. This Privacy and Data Protection Policy does not apply to these pages.

3. Your rights as a data subject within the meaning of Art. 4 No. 1 GDPR

As a data subject within the meaning of Art. 4 No. 1 GDPR, you have numerous rights towards MACS, about which MACS would like to inform you below:

  • Right to information: You have the right to obtain information from MACS as to whether and which data MACS processes about you. In addition, MACS can provide you with a copy of this data.
  • Right to rectification: You have the right that MACS immediately rectifies information about you that is incorrect or no longer applicable. You may also request that your incomplete personal data be completed. If this is required by law, MACS will also inform third parties about this correction if your data was passed on to them.
  • Right of deletion: You have the right to request MACS to delete your personal data immediately if one of the following reasons apply:
    • your data is no longer necessary for the purposes for which it was collected or otherwise processed, or the purpose has been achieved;
    • you revoke your consent and there is no other legal basis for the processing;
    • you object to the processing and there are no overriding legitimate grounds for processing;
    • your personal data has been processed unlawfully;
    • the deletion of your personal data is necessary to fulfil a legal obligation under Union law or the law of the Member States to which MACS is subject.

    Please note that your right to cancellation may be restricted by law. These include in particular the restrictions listed in Art. 17 GDPR and § 35 Bundesdatenschutzgesetz (in the version applicable from 25 May 2018).

  • Right to restrict processing (blocking): You have the right to request MACS to restrict the processing of your personal data if one of the following conditions is met:
    • You deny the accuracy of your personal data for a period of time that enables MACS to verify the accuracy of the personal data;
    • the processing is unlawful and you refuse to delete the personal data and instead request to restrict the use of your personal data;
    • MACS no longer needs your personal data for the purposes of processing, but you do need it to assert, exercise or defend legal claims, or
    • you have filed an objection against the processing as long as it is not yet clear whether MACS’ justified reasons outweigh yours.

    If you have obtained a restriction on processing as set out above, MACS will notify you before the restriction is lifted.

  • Right of objection: If MACS processes your data on the basis of legitimate interests, legitimate interests of third parties or in the public interest, you have the right to object to the processing of your data. Furthermore you have the right to object to processing of your personal data by MACS at any time on grounds relating to your particular situation.
  • Right to revoke consents: You can revoke your consent given to MACS at any time with effect for the future. This revocation can take place in the form of an informal notification to the above contact addresses . This also applies to consents that you have given MACS before the validity of the GDPR (before 25 May 2018). If you revoke your consent, the legality of the data processing carried out up to then will not be affected. As a rule, the consequence of a revocation is that you can no longer or not use in full the services covered by consent.
  • Right to data transferability: You have the right to receive personal data concerning you that you have provided to MACS in a structured, common and machine-readable format and to transmit this data to others. Details and restrictions can be found in Art. 20 GDPR. Exercising this right does not affect your right to erasure ("right to be forgotten").
  • Right of complain to the supervisory authority: If you believe that the processing of your data by MACS violates applicable data protection law, you have the right of appeal to one of the competent supervisory authorities, e.g. in particular the State Office for Data Protection Supervision (Hamburg) or the respective supervisory authority in the member state of your place of residence, your workplace or the place of presumed data protection violation.

Reference to your right of objection under Art. 21 GDPR

As mentioned in this privacy and data protection policy, we in some cases base the processing of your data on the fact that it is necessary to protect our legitimate interests or those of a third party without your interests or fundamental rights and freedoms prevailing (Article 6(1)(1)(f) GDPR). In these cases, you have the right to object to the processing of your data at any time for reasons arising from your particular situation.

You also have the right to object to the processing of your data at any time, if we process your personal data for direct advertising (e.g. in the context of our newsletter).


Details of your rights can also be found in Articles 15 to 21 of the GDPR and Sections 32 to 37 BDSG (in the version applicable from 25 May 2018).

To assert your rights, please contact MACS (by e-mail, postal mail or even informally) under above contact details.

4. Data security

MACS takes technical and organizational actions to protect your stored and processed data against manipulation, loss of confidentiality, destruction and against access by unauthorized persons. MACS’ security measures are continuously improved in accordance with technological developments.

5. Changes to this Privacy Policy

Given the fast pace of development on the web and the continuing development of case law, MACS reserves the right to adapt this privacy policy at any time to meet both technical and legal requirements.


Last Edited on 2018-09-17