Privacy policy

Privacy policy and DAP agreement

  1. Introduction
  2. Data Protection (GDPR) Principles
  3. What personal data do we collect, how do we collect it, and why? 
  4. Other specific ways we collect and use your personal data 
  5. Legal basis for processing personal data 
  6. With whom might we share your personal data 
  7. Data retention 
  8. Your data protection rights 
  9. Rights of the Individual
  10. Security 
  11. Privacy by Design
  12. Breach Notification
  13. Addressing Compliance to the GDPR
  14. Contact 
  15. Notification of changes 

Introduction


As you may be aware, on May 25, 2018, the European Union’s General Data Protection Regulation (“GDPR”) will come into force. Organizations subject to the GDPR will be required by the GDPR to include required data privacy terms in their agreements with their vendors and suppliers. In advance of that requirement, Logisticentrum OÜ on behalf of itself and its subsidiary companies (collectively, “Logisticentrum”), has prepared a GDPR-compliant data processing attachment (“DPA”) to ensure that your Agreements with Logisticentrum meet the GDPR’s requirements. Logisticentrum DPA can be found on our website at: https://logisticentrum.ee/en/privacy-policy/
This DPA reflects Logisticentrum obligations as a data processor under the GDPR, taking into account the nature of the processing and the type of personal data that may be processed on your behalf by the products and services of Logisticentrum that you may be utilizing or subscribing to from Logisticentrum.

Applicability


The DPA is only applicable where your organization has an agreement directly with Logisticentrum for products or services which process the personal data of residents of the European Union (the “Agreement”), where processing may include storing, transmitting or otherwise handling such data. The DPA is not applicable to your organization if: (a) your organization is not the entity that signed the Agreement; (b) your organization does not have a contract directly with Logisticentrum, for example as an indirect customer through a reseller; (c) if your Agreement already includes a data processing addendum/agreement that covers processing of personal data in a GDPR compliant manner; or (d) your organization does not require Logisticentrum to process personal data of EU residents on your behalf.
This document was last updated on 08. May 2018

This is the privacy policy of Logisticentrum OÜ (hereinafter referred to as “Logisticentrum”) and its subsidiaries.
In its everyday business operations Logisticentrum makes use of a variety of data about identifiable individuals, including data about:

  • Current, past and prospective employees
  • Customers
  • Users of its websites
  • Subscribers
  • Other stakeholders

In collecting and using this data, the organisation is subject to a variety of legislation controlling how such activities may be carried out and the safeguards that must be put in place to protect it. The purpose of this policy is to set out the relevant legislation and to describe the steps Logisticentrum is taking to ensure that it complies with it. This control applies to all systems, people and processes that constitute the organisation’s information systems, including board members, directors, employees, suppliers

Data Protection (GDPR) Principles


The General Data Protection Regulation


The General Data Protection Regulation 2016 (GDPR) is one of the most significant pieces of legislation affecting the way that Logisticentrum carries out its information processing activities. Significant fines are applicable if a breach is deemed to have occurred under the GDPR, which is designed to protect the personal data of citizens of the European Union. It is Logisticentrum ’s policy to ensure that our compliance with the GDPR and other relevant legislation is clear and demonstrable at all times.

Definitions


There is a total of 26 definitions listed within the GDPR and it is not appropriate to reproduce them all here. However, the most fundamental definitions with respect to this policy are as follows:
Personal data is defined as: any information relating to an identified or identifiable natural person (‘data subject’); an identifiable natural person is one who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person;
‘processing’ means: any operation or set of operations which is performed on personal data or on sets of personal data, whether or not by automated means, such as collection, recording, organisation, structuring, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, restriction, erasure or destruction;
‘controller’ means: the natural or legal person, public authority, agency or other body which, alone or jointly with others, determines the purposes and means of the processing of personal data; where the purposes and means of such processing are determined by Union or Member State law, the controller or the specific criteria for its nomination may be provided for by Union or Member State law;

Principles Relating to Processing of Personal Data


There are a number of fundamental principles upon which the GDPR is based. These are as follows:
Personal data shall be:
(a) processed lawfully, fairly and in a transparent manner in relation to the data subject (‘lawfulness, fairness and transparency’);
(b) collected for specified, explicit and legitimate purposes and not further processed in a manner that is incompatible with those purposes; further processing for archiving purposes in the public interest, scientific or historical research purposes or statistical purposes shall, in accordance with Article 89(1), not be considered to be incompatible with the initial purposes (‘purpose limitation’);
(c) adequate, relevant and limited to what is necessary in relation to the purposes for which they are processed (‘data minimisation’);
(d) accurate and, where necessary, kept up to date; every reasonable step must be taken to ensure that personal data that are inaccurate, having regard to the purposes for which they are processed, are erased or rectified without delay (‘accuracy’);
(e) kept in a form which permits identification of data subjects for no longer than is necessary for the purposes for which the personal data are processed; personal data may be stored for longer periods insofar as the personal data will be processed solely for archiving purposes in the public interest, scientific or historical research purposes or statistical purposes in accordance with Article 89(1) subject to implementation of the appropriate technical and organisational measures required by this Regulation in order to safeguard the rights and freedoms of the data subject (‘storage limitation’);
(f) processed in a manner that ensures appropriate security of the personal data, including protection against unauthorised or unlawful processing and against accidental loss, destruction or damage, using appropriate technical or organisational measures (‘integrity and confidentiality’).
Logisticentrum will ensure that it complies with all of these principles both in the processing it currently carries out and as part of the introduction of new methods of processing.

What personal data do we collect, how do we collect it, and why?


3.1 Data that you provide voluntarily to us


When you use our websites, portals, products or services we may request personal data voluntarily, including but not limited to your name, company position, postal address, telephone number, mobile number, fax number, email address, account usernames and passwords. For example, we may ask you to provide some or all of this personal data when you register an account with us, subscribe to our marketing communications, purchase services, and/or submit enquiries to us. We use this information to create and administer your account, send you marketing communications, provide you with the products and services you request, and to respond to your enquiries.

3.2 Data collected through our products and services


We use data that we collect from products and services for the purposes for which you provided it, usage and audience counts, monitoring the performance and effectiveness of the products/services, monitoring compliance with our terms and conditions, enabling compatibility with third party operating systems/products/services, planning future roadmap strategy, planning product/service/feature lifecycles and retirements, developing new products and services, enhancing existing products and services, troubleshooting product issues, generating statistics, reporting, and trend analysis. This may include incidental personal data (for example usernames and IP addresses).
Our products and services may collect further additional personal data about you beyond the data described in this privacy policy or use your personal data in ways that are different to or in addition to those described in this privacy policy.

3.3 Data collected automatically


When you use our websites, portals, products, or services, we may collect certain data automatically from your computers or devices (including mobile devices). The data we collect automatically may include your IP address, device, browser-type, language, operating system, geographic location and other technical information. We may also collect data about how your device has interacted with our Site, products or services, including the pages or features accessed and links clicked, the amount of time spent on particular pages, mouse hovers, the date and time of the interaction, error logs, referring and exit pages and URLs, and similar information. Collecting this data enables us to better understand the visitors who use our Site, products, and services, including where they come from and what features are of interest to them. We use this information for our internal analytics purposes, and to improve the quality, relevance, and security of our Site, products and services.

3.4 Data that we obtain from third party sources


From time to time, we may receive personal data about you from third party sources, but only where such third parties have confirmed that they have your consent or are otherwise legally permitted or required to disclose your personal data to us.
We also receive information from other members of the industry that forms part of or otherwise helps us to develop, test, and enhance our own product offering some of which could contain personal data (where permitted by applicable law).
We may combine information that we collect from you with information about you that we obtain from such third parties.

3.5 Cookies and similar tracking technology


A cookie is a piece of text that gets entered into the memory of your browser by a website, allowing the website to store information on your machine and later retrieve it.
Our Site, products, and services may use cookies, unique device identifiers (like Apple ID For Advertisers on iOS devices, and Android Advertising ID on Android devices), and other tracking technologies (collectively, “Cookies”) to distinguish you from other users and better serve you when you return to the Site, product, or service, and to monitor and analyse the usage of the Site, product, or service. Cookies also enable us and our third party partners to track and target the interests of our users to enhance the onsite or in-product experience through content, features, and advertisements.
We, along with our service providers, may also use other Internet technologies, such as Web beacons or pixel tags, Flash technologies and other similar technologies, to deliver or communicate with cookies and track your use of the Site, product, or service. We may also include Web beacons in email messages, newsletters, and other electronic communications to determine whether the message has been opened and for other analytics, personalization, and advertising. As we adopt additional technologies, we may also gather additional information through other methods. This practice is explained further under the heading “4.5 Marketing and promotions”.
Most browsers automatically accept cookies, but you can modify your browser setting to decline cookies by visiting the Help portion of your browser’s toolbar. If you choose to decline cookies, please note that your ability to sign in, customize, or use some of the interactive features of our Site, product, or service may be impeded, and the advertisements you see may not be as relevant to you.

3.6 Google Analytics


This website makes use of functions provided by the web analysis service known as Google Analytics. The provider of this is Google Inc., 1600 Amphitheatre Parkway, Mountain View, CA 94043, USA. Google Analytics makes use of so-called “cookies”. They are text files that are stored on your computer and enable an analysis of the use of the website. The information generated by the cookie about your use of this website is normally sent to a server operated by Google in the USA and stored there.

3.7 IP Pseudonymization


We have activated the IP Pseudonymization function on this website. This means that your IP address is abbreviated by Google within the member states of the European Union or in other signatory countries to the Agreement on the European Economic Area before being sent to the USA. The complete IP address is only sent to a Google server in the USA in exceptional cases before being abbreviated there. Google will use this information on behalf of the operator of this website in order to assess your usage of the website, to compile reports about the website activities and to enable the website operator to provide other services associated with the use of the website and the Internet. The IP address sent from your browser by Google Analytics is not combined with any other data held by Google.

3.8 Browser plug-ins


You can prevent the cookies from being stored by making the appropriate setting in your browser software; however, we would point out that you may not be able to fully make use of all the functions of this website, if you do so. You can also prevent the logging of the data generated by the cookie and related to your use of the website (including your IP address) being sent to Google or Google’s ability to process this data by downloading and installing the browser plug-in that is available at this link: tools.google.com/dlpage/gaoptout

3.9 Objecting to the logging of data


You can prevent the logging of your data by Google by clicking on the following link. This generates an opt-out cookie, which will prevent any of your data being logged during future visits to this website: tools.google.com/dlpage/gaoptout
You can obtain more information about how user data is handled at Google Analytics in Google’s data privacy declaration: https://support.google.com/analytics/answer/6004245?hl=de

3.10 Contract data processing


We have signed an agreement with Google to cover contract data processing and fully implement the strict stipulations of the German data protection authorities when using Google Analytics.

3.11 Demographic features with Google Analytics


This website uses the “demographic features” function within Google Analytics. This means that it is possible to generate reports that contain statements about the age, gender and interests of the visitors to the site. This data comes from Google’s advertising that is related to interests and from visitor data from third-party providers. This data cannot be assigned to any particular person. You can deactivate this function by using the advertising settings in your Google account at any time or generally prohibit the logging of your data by Google Analytics, as demonstrated in the paragraph on “Objecting to the logging of data”.

3.12 Facebook plug-ins


Plug-ins from the Facebook social network are integrated on our websites; they are provided by Facebook Inc., 1 Hacker Way, Menlo Park, California 94025, USA. You can recognize the Facebook plug-ins by the Facebook logo or the “Like” button (“I like”) on our website. You can obtain an overview of the Facebook plug-ins here:  https://developers.facebook.com/docs/plugins/
If you visit our sites, a direct connection between your browser and the Facebook server is established via the plug-in. Facebook therefore obtains the information that you have visited our site with your IP address. If you click on the Facebook “I like” button while you are logged into your Facebook account, you can link the content of our sites to your Facebook profile. Facebook is then able to assign your visit to our sites to your user account. We would point out that we as the provider of the sites do not obtain any knowledge about the content of the data that is transmitted or how Facebook makes use of it. You can find more information on this in Facebook’s data privacy declaration at: https://de-de.facebook.com/policy.php
If you do not want Facebook to be able to assign your visit to our sites to your Facebook user account, please log out of your Facebook user account.

3.13. Instagram


We include functions of the online service Instagram on our website. Provider of these features is the Instagram Inc., 1601 Willow, Menlo Park, CA 94025, USA. The Instagram button allows you to visit our pages linked to your Instagram account, if you are logged in to Instagram. Instagram receives the information about your visit on our website and can assign this visit to your Instagram profile. We would point out that we as the provider of the sites do not obtain any knowledge about the content of the data that is transmitted or how Instagram makes use of it. You can find more information about Instagram data collection and use in the http://instagram.com/about/legal/privacy/.

3.14. Google reCAPTCHA


On our website we use Google reCAPTCHA to check and avoid interactions on our website through automated access, for example through so-called bots. This is a service provided by Google Ireland Limited, Gordon House, Barrow Street, Dublin 4, Ireland, hereinafter referred to as “Google”.
Through the certification according to the EU-US Privacy Shield
https://www.privacyshield.gov/participant?id=a2zt000000001L5AAI&status=Active
Google guarantees that the data protection requirements of the EU will also be complied with when processing data in the USA.
This service enables Google to determine which website is sending a request and from which IP address you are using the so-called reCAPTCHA input box. In addition to your IP address, Google may also collect other information that is necessary to provide and guarantee this service.
The legal basis is Art. 6 Para. 1 lit. f) DSGVO. Our legitimate interest lies in the security of our Internet presence and in the defence against unwanted, automated access in the form of spam or similar.
Google offers – https://policies.google.com/privacy to provide further information on the general handling of your user data.

Other specific ways we collect and use your personal data


4.1 Job applications

If you are making a job application or inquiry, you may provide us with a copy of your CV or other relevant information. We may use this information for the purpose of assessing your application or inquiry. We may also keep this information on file to contact you about future opportunities, unless you ask us not to do this.

4.2 Account management

If you obtain products or services from us, we may use your contact details for the purposes of order processing and billing in accordance with the terms and conditions of your agreement with us,  carrying out checks for export control, anti-bribery, anti-corruption, the prevention of modern slavery, and other compliance purposes in accordance with requirements under applicable law; contacting you (including by email communication) regarding license expiry, renewal, and other related notices, and  maintaining our company accounts and records.

4.3 Market research and surveys

If you participate in surveys, we may use your personal data for our internal business analysis and training purposes in order to improve our understanding of our users’ demographics, interests and behaviour, to measure and increase customer satisfaction, and to improve our products and services.

4.4 Competitions, contests, promotions

If you participate in a competition, contest, or promotion conducted by us or on our behalf, we may use your personal data in order to administer such competition, contest, or promotion.

4.5 Marketing and promotions

We may contact you from time to time in order to provide you with information about products and services that may be of interest to you. All marketing communications that we send to you will respect any marketing preferences you have expressed to us and any consent obligations required under applicable privacy and anti-spam rules. You have the right to ask us not to process your personal data for certain or all marketing purposes, but if you do so, we may need to share your contact information with third parties for the limited purpose of ensuring that you do not receive marketing communications from them on our behalf.

Use of Mailerlite newsletter software

If you would like to receive our newsletter, we need an e-mail address and additional information that will allow us to verify that you are the owner of the e-mail address provided and agree to receive the newsletter.

We use the so-called double opt-in procedure to ensure that newsletters are sent in a consistent manner. This way the potential recipient can be included in a distribution list. After the registration, the user receives a confirmation e-mail to confirm. The address is only actively included in the distribution list if the registration is confirmed.

We use this data exclusively for sending the information and offers (information about our products, services and company news, etc.).

As newsletter software we use Mailerlite. Mailerlite is a Lithuanian private limited liability company (UAB “MailerLite”, J. Basanavičiaus 15, LT-03108 Vilnius, Lithuania). Mailerlite is prohibited from selling your provided above mentioned data and from using it for purposes other than sending newsletters. For further information, please visit https://www.mailerlite.com/legal/privacy-policy. Logisticentrum has signed a Data-Processing-Agreement with Mailerlite to ensure that all data of our newsletter subscribers are handled according to data protection laws.

4.6. Network monitoring

We may collect logs and other data about access to and traffic passing through our network and equipment for the purposes of availability and performance monitoring, maintenance, security monitoring and investigations, conducting spam, threat and other scientific research, new product and service development, the enhancement of existing products and services, generating statistics, reporting, and trend analysis.

Legal basis for processing personal data


Our legal basis for collecting and using personal data will depend on the personal data concerned and the specific context in which we collect it.
However, we will normally collect personal data from you only where we need the personal data to perform a contract with you, or where the processing is in our legitimate interests and not overridden by your data protection interests or fundamental rights and freedoms, or where we have your consent to do so.
If we collect and use your personal data in reliance on our legitimate interests (or those of any third party) other than as described in this privacy policy, we will make clear to you at the relevant time what those legitimate interests are.
If you have questions about or need further information concerning the legal basis on which we collect and use your personal data or wish to submit a Data Access Request, please contact us using the contact details provided under the “14. Contact” heading.

With whom might we share your personal data

We may transfer or disclose your personal data to the following categories of recipients:

  • to our group companies, third party services providers, suppliers, agents, and other organisations who provide data processing services to us, or who otherwise process personal data on our behalf for purposes that are described in this privacy policy or notified to you when we collect your personal data (such as advertising, analytics, customer support);
  • to any government department, agency, court or other official bodies where we believe disclosure is necessary as a matter of applicable law or regulation (such as in response to a subpoena, warrant, court order, or other legal process), to exercise, establish, participate in, or defend our legal rights, or limit the damages we sustain in litigation or other legal dispute, or to protect your vital interests, privacy, or safety, or those of our customers or any other person;
  • to any other person with your consent to the disclosure.

Except as set out above, we will not disclose your personal data save where we need to do so in order to enforce this privacy policy, our rights generally, or where required or permitted by applicable local or foreign law.

Whenever we share personal data, we take all reasonable steps to ensure that it is treated securely and in accordance with this privacy policy. This may include without limitation aggregating or de-identifying information so that it is not intended to be used by the third party to identify you.

Data retention


We retain personal data we collect from you for as long as necessary for the purposes for which the personal data was collected or where we have an ongoing legitimate business need to do so, or to comply with applicable legal, tax, or regulatory requirements. Even if you close your account, we will retain certain information in order to meet our obligations.

When we have no ongoing legitimate business need to process your personal data, we will either securely destroy, erase, delete or anonymise it, or if this is not possible (for example, because your personal data has been stored in backup archives), then we will securely store your personal data and isolate it from any further processing until deletion is possible.

Your data protection rights


You have the following data protection rights:

  • If you wish to access, correct, or update your personal data, you can exercise these rights at any time by contacting us using the contact details provided under the “14. Contact” heading.
  • In addition, with effect from 25 May 2018, you can object to processing of your personal data, ask us to restrict processing of your personal data, ask us to delete your personal data, or request portability of your personal data. Again, you can exercise these rights by contacting us using the contact details provided under the “14. Contact” heading.
  • You have the right to opt-out of marketing communications we send you at any time. You can usually exercise this right by clicking on the “unsubscribe” or “opt-out” link in the marketing e-mails we send you. Alternatively, or to opt-out of other forms of marketing (such as postal marketing or telemarketing), then please contact us using the contact details provided under the “14. Contact” heading.
  • If we have collected and process your personal data with your consent, then you can withdraw your consent at any time by contacting us using the contact details provided under the “14. Contact” heading. Withdrawing your consent will not affect the lawfulness of any processing we conducted prior to your withdrawal, nor will it affect processing of your personal data conducted in reliance on lawful processing grounds other than consent.
  • You have the right to complain to a data protection authority about our collection and use of your personal data. For more information, please contact your local data protection authority.

We respond to all requests we receive from individuals wishing to exercise their data protection rights in accordance with applicable data protection laws.

Rights of the Individual


The data subject also has rights under the GDPR. These consist of:

  1. The right to be informed
  2. The right of access
  3. The right to rectification
  4. The right to erasure
  5. The right to restrict processing
  6. The right to data portability
  7. The right to object
  8. Rights in relation to automated decision making and profiling.

Each of these rights are supported by appropriate procedures within Logisticentrum that allow the required action to be taken within the timescales stated in the GDPR.
Lawfulness of Processing
There are six alternative ways in which the lawfulness of a specific case of processing of personal data may be established under the GDPR. It is Logisticentrum policy to identify the appropriate basis for processing and to document it, in accordance with the Regulation. The options are described in brief in the following sections.
Consent
Unless it is necessary for a reason allowable in the GDPR, Logisticentrum will always obtain explicit consent from a data subject to collect and process their data. Transparent information about our usage of their personal data will be provided to data subjects at the time that consent is obtained and their rights with regard to their data explained, such as the right to withdraw consent. This information will be provided in an accessible form, written in clear language and free of charge.
If the personal data are not obtained directly from the data subject then this information will be provided to the data subject within a reasonable period after the data are obtained and definitely within one month.
Performance of a Contract
Where the personal data collected and processed are required to fulfil a contract with the data subject, explicit consent is not required. This will often be the case where the contract cannot be completed without the personal data in question e.g. a delivery cannot be made without an address to deliver to.
Legal Obligation
If the personal data is required to be collected and processed in order to comply with the law, then explicit consent is not required. This may be the case for some data related to employment and taxation for example, and for many areas addressed by the public sector.
Vital Interests of the Data Subject
In a case where the personal data are required to protect the vital interests of the data subject or of another natural person, then this may be used as the lawful basis of the processing. Logisticentrum will retain reasonable, documented evidence that this is the case, whenever this reason is used as the lawful basis of the processing of personal data. As an example, this may be used in aspects of social care, particularly in the public sector.
Task Carried Out in the Public Interest
Where Logisticentrum needs to perform a task that it believes is in the public interest or as part of an official duty then the data subject’s consent will not be requested. The assessment of the public interest or official duty will be documented and made available as evidence where required.

Legitimate Interests

If the processing of specific personal data is in the legitimate interests of Logisticentrum and is judged not to affect the rights and freedoms of the data subject in a significant way, then this may be defined as the lawful reason for the processing.

Security


Whilst all efforts will be taken to protect your personal data, no data storage or transmission can be guaranteed as 100% secure. We endeavour to protect all personal data using reasonable and appropriate physical, administrative, technical, and organisational measures, and in accordance with our internal security procedures and applicable law.

If you have been given or have created log-in details to provide you with access to certain parts of our Site, you are responsible for keeping those details confidential in order to prevent unauthorised access to your accounts.

Privacy by Design


Logisticentrum has adopted the principle of privacy by design and will ensure that the definition and planning of all new or significantly changed systems that collect or process personal data will be subject to due consideration of privacy issues, including the completion of one or more data protection impact assessments.

The data protection impact assessment will include:

  • Consideration of how personal data will be processed and for what purposes
  • Assessment of whether the proposed processing of personal data is both necessary and proportionate to the purpose(s)
  • Assessment of the risks to individuals in processing the personal data
  • What controls are necessary to address the identified risks and demonstrate compliance with legislation
  • Use of techniques such as data minimization and pseudonymisation will be considered where applicable and appropriate.

Breach Notification

It is Logisticentrum policy to be fair and proportionate when considering the actions to be taken to inform affected parties regarding breaches of personal data. In line with the GDPR, where a breach is known to have occurred which is likely to result in a risk to the rights and freedoms of individuals, the relevant supervisory authority will be informed within 72 hours.

Addressing Compliance to the GDPR

The following actions are undertaken to ensure that Logisticentrum complies at all times with the accountability principle of the GDPR:

  • The legal basis for processing personal data is clear and unambiguous
  • A Data Protection Officer is appointed with specific responsibility for data protection in the organisation (if required)
  • All staff involved in handling personal data understand their responsibilities for following good data protection practice
  • Training in data protection has been provided to all staff
  • Rules regarding consent are followed
  • Routes are available to data subjects wishing to exercise their rights regarding personal data and such enquiries are handled effectively
  • Regular reviews of procedures involving personal data are carried out
  • Privacy by design is adopted for all new or changed systems and processes
  • The following documentation of processing activities is recorded:
    • Organisation name and relevant details
    • Purposes of the personal data processing
    • Categories of individuals and personal data processed
    • Categories of personal data recipients
    • Agreements and mechanisms for transfers of personal data to non-EU countries including details of controls in place
    • Personal data retention schedules
    • Relevant technical and organisational controls in place

These actions are reviewed on a regular basis as part of the management process concerned with data protection.

Contact

This is the policy of Logisticentrum.

We have appointed individuals who are responsible for the protection and security of your personal data. If you have any questions, comments, concerns, grievances, or complaints about this privacy policy or the manner in which we treat your personal data, or if you want to request any information about your personal data or believe that we are holding incorrect personal data on you, please contact our Data Protection Officer and Privacy team at am@logisticentrum.ee

If you wish to unsubscribe from marketing communications, please use the unsubscribe link on any email communication.

Notification of changes

We reserve the right to amend or vary this policy from time to time to reflect evolving legal, regulatory, or business practices. When we update our privacy policy, we will take appropriate measures to inform you, consistent with the significance of the changes we make (which, for minor changes, may include posting the revised privacy policy to our Site with immediate effect). Please check this page periodically for changes. We will obtain your consent to any material privacy policy changes if and where this is required by applicable data protection laws.

You can see when this privacy policy was last updated by checking the “last updated” date displayed at the top of this privacy policy under the “General” heading.

GLN Services and Personal Information 

This Data Processing Attachment (“DPA”) applies to Logisticentrum Processing of Personal Information in Logisticentrum capacity as a Processor for the Customer under the Agreement and this version of the DPA is incorporated into and subject to the terms of the Agreement. Where Logisticentrum is deemed to be a Controller, Logisticentrum will comply with its own privacy policy in the handling of any applicable Personal Information. All capitalized terms used in this DPA shall have the meaning set out in the Agreement unless otherwise defined in this DPA. Except as expressly stated otherwise, in the event of any conflict between the terms of the Agreement and any other attachments thereto and the terms of this DPA, the relevant terms of this DPA shall take precedence.
Definitions
“Controller”and “Processor”have the meaning set out in the Data Protection Regulations.

“Data Subject” means an identified or identifiable living natural person who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person.

“Logisticentrum Affiliates” means the Affiliates of Logisticentrum that may assist in the performance of the GLN Services.

“Data Protection Regulations” means the General Data Protection Regulation (GDPR) Regulation (EU) 2016/679 and applicable laws by EU member states which either supplement or are necessary to implement the GDPR.

“Model Clauses” means the standard contractual clauses annexed to the EU Commission Decision 2010/87/EU of 5 February 2010 for the Transfer of Personal Data to Processors established in Third Countries under the Directive 95/46/EC, or any successor standard contractual clauses that may be adopted pursuant to an EU Commission decision.

“Personal Information” means any information that relates to a Data Subject that Customer or its Administrative User or Permitted Users provide to Logisticentrum to Process under the Agreement.

“Process” or “Processing” means any operation or set of operations, whether or not by automated means, which is performed upon Personal Information that is stored on computers, servers, or mobile devices owned or maintained by Logisticentrum, such as collection, recording, organization, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination of otherwise making available, alignment or combination, blocking, erasure or destruction.

“Processor” means the Logisticentrum entity listed in the Agreement.

“Processor List” means the list of Logisticentrum’ Affiliates and/or Third Party Processors who may assist Logisticentrum with some or all of the Processing of Personal Information of the Customer.

“Third Party Processor” means a third-party subcontractor, other than a Logisticentrum’ Affiliate, engaged by Logisticentrum, which, as a part of the subcontractor’s role in providing services under the Agreement, will Process Personal Information of the Customer.

Controller and Processor of Personal Information

Customer shall remain the Controller of the Personal Information for the purposes of the Agreement, including this DPA. Customer is responsible for compliance with its obligations as a Controller under the Data Protection Regulations and, in particular, for the basis of any transmission of Personal Information to Logisticentrum (including providing any required notices and obtaining any required consents and authorizations), and for its decisions and actions concerning the Processing and use of Personal Information. Customer will not provide Logisticentrum with access to any special categories of Personal Information, as defined under the Data Protection Regulations, or any health, payment card, or similar information that imposes specific data security obligations for the processing of such Personal Information unless permitted in the Agreement.

Logisticentrum is a Processor of the Personal Information for the purposes of the Agreement. Logisticentrum will Process Personal Information as necessary for the purposes of the Agreement in accordance with this DPA and will not disclose Personal Information to third parties other than to Logisticentrum’ Affiliates or Third Party Processors for the aforementioned purposes or as required by law.

Types of Personal Information

Customer authorizes and requests that Logisticentrum Process the necessary types of Personal Information required to fulfill the Agreement, which may include but is not limited to:

  1. a)    personal contact information of Customer’s employees, trading partners or contractors (such as name, home address, home telephone number, mobile number or email address, etc.);
  2. b)    transactional data (such as details of goods and services purchased, value of purchase, VAT registration number, delivery addresses, or names and contact information of shippers, receivers, or other individuals involved in the transportation or movement of the goods); and
  3. c)     where required, identification data (such as government ID numbers if required by a government when information is submitted to or received from that government).
  4. Processing Instructions.

Customer authorizes Logisticentrum to Process Personal Information for the following purposes only:

  1. a)    providing the requested Logisticentrum product or service under the Agreement;
  2. b)    communicating about the Logisticentrum product or service including confirming the provision of all or part of the product or service;
  3. c)     handling or preparing for disputes or litigation;
  4. d)    complying with Customer’s written instructions in accordance with Section 5;
  5. e)    to comply with Logisticentrum’ legal or regulatory obligations; and
  6. f)     for no other reason unless provided for under the Data Protection Regulations.

To the extent Logisticentrum receives additional instructions for the Processing of Personal Information, Logisticentrum will comply with such instructions to the extent necessary for: (i) Logisticentrum to comply with its Processor obligations under the Data Protection Regulations; and (ii) to assist Customer in complying with its Controller obligations under the Data Protection Regulations in relation to the Agreement. Without prejudice to Logisticentrum’ obligations under this Section 5, the parties will negotiate in good faith with respect to any charges or fees that may be incurred by Logisticentrum to comply with Customer’s instructions with regard to the Processing of Personal Information that require the use of resources different from, or in addition to, those required for the provision of the product or services under the Agreement.

Customer will ensure that its instructions to Logisticentrum for the Processing of Personal Information will, at all times, be lawful and in compliance with the Data Protection Regulations. Logisticentrum will notify Customer if it reasonably believes any instruction or request from the Customer will require Logisticentrum to take any action that Logisticentrum reasonably believes will not be in compliance with the GDPR. Logisticentrum shall have no other obligation to act beyond sending such notice to the Customer and is not responsible for performing legal research or providing legal advice.

Requests from Data Subjects

Logisticentrum will use reasonable efforts to accommodate Customer’s detailed written instructions to access, delete, release, correct or block access to Personal Information provided that at no time shall Logisticentrum have any obligation to alter any records that are maintained as system of record of past transactions, to make any change to any records maintained in a system that are inconsistent with the purpose for which the Personal Information was originally provided to Logisticentrum for Processing, or to alter any record that Logisticentrum is required to keep by any law or for any regulatory purposes. If Customer requires Logisticentrum to develop or implement any additional or specific means or methods related to the access, deletion, release, correction, or blocking of access to Personal Information on behalf of Customer, Customer and Logisticentrum will mutually agree on the scope of the work that Logisticentrum may be willing to undertake and the reasonable fees for such work.

Logisticentrum will pass on to the Customer any requests of an individual Data Subject to access, delete, release, correct or block Personal Information Processed under the Agreement. Logisticentrum will not be responsible for responding directly to the Data Subject’s request, unless otherwise required by law. Logisticentrum shall provide the Customer with assistance in responding to such requests in accordance with Section 5.

Cross-Border Transfers

Any transfers of Personal Information of Data Subjects received by Logisticentrum from Customer in the EU to Logisticentrum, Logisticentrum’ Affiliates or Third Party Processors which are outside of the EU are subject to the terms of the Model Clauses and the terms of this DPA shall be read in conjunction with the Model Clauses; provided, however, that the Model Clauses shall not apply where the transfers of Personal Information are to any country or territory which is, at the time, subject to a current finding of adequacy by the European Commission as set out at http://ec.europa.eu/justice/data-protection/international-transfers/adequacy/index_en.htm (as amended from time to time).
Additional Processors

Some or all of Logisticentrum obligations under the Agreement may be performed by Logisticentrum’ Affiliates and/or Third Party Subprocessors. Logisticentrum maintains a Processor List, which lists all Logisticentrum’ Affiliates and Third Party Subprocessors that may Process Personal Information on behalf of Logisticentrum. Logisticentrum will provide a copy of the Processor List to Customer upon request.

The Logisticentrum’ Affiliates and Third Party Subprocessors are required to abide by substantially the same obligations as Logisticentrum under this DPA as applicable to the Processing of the Customer’s Personal Information and, in any event, in a manner that is compliant with the Data Protection Regulations.

Logisticentrum remains responsible at all times for compliance with the terms of this DPA by Logisticentrum’ Affiliates and Third Party Subprocessors. Customer consents to Logisticentrum use of Logisticentrum’ Affiliates and Third Party Subprocessors in the performance of the GLN Services in accordance with this DPA.

If additional Logisticentrum’ Affiliates or Third Party Subprocessors are required to process Customer’s Personal Information in connection with Logisticentrum’ performance under an Agreement, Customer will be notified in advance of changes to the Processor List. The Customer may refuse to consent to the involvement of a Logisticentrum’ Affiliate or a Third Party Subprocessor under this DPA by sending written notice to Logisticentrum of their refusal within ten (10) business days of receipt of notice and providing reasonable and justified, objective grounds relating to such Logisticentrum’ Affiliate or Third Party Processor’s ability to adequately protect Personal Information in accordance with this DPA. In the event that the Customer’s objection is justified, Logisticentrum and Customer will work together in good faith to find a mutually acceptable resolution to address Customer’s objection(s). If Logisticentrum and Customer are unable to reach a mutually acceptable solution within a reasonable timeframe, Customer may immediately terminate the Agreement without obligation, if any is provided under the Agreement, for the payment of any further Fees that otherwise may be due as result of early termination of the Agreement.
Security Measures

Logisticentrum shall implement appropriate physical, administrative, organizational, technical, and personal security measures based on the type and nature of the Personal Information being processed and the level of risk associated with it. Logisticentrum shall retain all Personal Information, including Personal Information that is contained on back-up media, in a logically secure environment that protects it from unauthorized access, modification, theft, misuse and destruction. Logisticentrum shall ensure that platforms hosting the Personal Information are configured to conform to industry standard security requirements and that hardened platforms are monitored for unauthorized change. Logisticentrum’ security policy shall not allow electronic files containing Personal Information to be stored on personal desktops, laptops, or removable data storage devices, unless the device is password protected and the Personal Information is encrypted using industry standard encryption technology. Logisticentrum shall ensure that all employees with access to Personal Information are subject to a duty of confidence and/or written confidentiality agreement.
Breach Management and Notification

For the purposes of this section, “Security Breach” means the misappropriation or unauthorized Processing of Personal Information located on Logisticentrum’ systems, including by a Logisticentrum employee, that compromises the security, confidentiality or integrity of such Personal Information. Unless prohibited by applicable law, upon becoming aware of the Security Breach, Logisticentrum will: (i) within forty eight (48) hours, or sooner as required by applicable law, provide to Customer a notification of the occurrence of the Security Breach; (ii) within five (5) business days, provide to Customer a summary report of the Security Breach containing details of the Security Breach, its impact on the services under the Agreement and the Personal Information and the initial steps taken by Logisticentrum to address the Security Breach; and (iii) within fifteen (15) business days, provide to Customer a detailed incident report analyzing the Security Breach and a rectification plan which sets out what steps, if any are appropriate, will be taken to stop and further prevent the Security Breach occurring in the future.

In investigating any Security Breach, Logisticentrum will work to provide to Customer a root cause analysis in order to prevent a recurrence. In addition, unless prohibited by applicable law, Logisticentrum will provide Customer with a summary of the Security Breach and share information about the Security Breach as it becomes available.
Security Breach Public Statements

In the event of a Security Breach, the parties agree to coordinate in good faith on developing the content of any related public statements or required notices for the affected Data Subjects and/or notices to the relevant data protection authorities.
Audit

During the Term of the Agreement, on an annual basis, Logisticentrum will conduct, at no charge to Customer, an SSAE SOC 1, Type II audit of controls relating to the network operations of Logisticentrum through which Personal Information is processed by Logisticentrum under an Agreement, which audit will be performed by an independent certified public accounting firm (or similarly qualified person). If a deficiency is identified as result of such audit, Logisticentrum will remediate, as Logisticentrum deems reasonable given the circumstances, within an agreed to and reasonable timeframe. All costs of remediation will be the responsibility of Logisticentrum.

In the event Customer wishes to audit Logisticentrum’ compliance with this DPA, an independent third party auditor mutually agreed to by the parties (the “Auditor”) may, on behalf of Customer and at the expense of Customer, audit Logisticentrum’ compliance with the terms of this DPA up to once per year. The Auditor may perform more frequent audits of the data center facility that Processes Personal Information to the extent required by laws applicable to Customer. The Auditor must execute a written confidentiality agreement acceptable to Logisticentrum before conducting the audit.

To request an audit, Customer must submit a detailed audit plan to Logisticentrum at least four weeks in advance of the proposed audit date. The audit plan must describe the proposed scope, duration, and start date of the audit. Logisticentrum will review the audit plan and provide Customer with any concerns or questions (for example, any request for information that could compromise Logisticentrum’ security, privacy, employment or other relevant policies). Logisticentrum will work cooperatively with Customer to agree on a final audit plan. If the requested audit scope is addressed in a SSAE SOC 1, Type II report prepared for Logisticentrum by a qualified third party auditor or another equivalent report within the prior twelve (12) months and Logisticentrum confirms there are no known material changes in the controls audited, Customer agrees to accept those findings in lieu of requesting an audit of the controls covered by the report.

The audit must be conducted during regular business hours at the applicable facility, subject to Logisticentrum’ policies, and may not unreasonably interfere with Logisticentrum’ business activities.

Customer will provide Logisticentrum any audit reports generated in connection with any audit under this section, unless prohibited by law. Customer agrees that Logisticentrum may, at their discretion, release the audit report to a third party provided Customer is given a reasonable opportunity to redact any personal, confidential, or proprietary information that may be contained in the audit report. Customer may use the audit reports only for the purpose of confirming compliance with the requirements of this DPA. The audit reports are Confidential Information of the parties under the terms of the Agreement.

Any audits are at the Customer’s expense. Any request for Logisticentrum to provide assistance with an audit is considered a separate service if such audit assistance requires the use of resources different from, or in addition to, those required for the provision services under the Agreement. Logisticentrum will seek the Customer’s written approval and agreement to pay any related fees before performing such audit assistance.

Legally Required Disclosures

Except as otherwise required by law, Logisticentrum will promptly notify Customer of any requirement of a governmental agency or by operation of law (a “Demand”) that it receives and which relates to the Processing of Personal Information. At Customer’s request, Logisticentrum will provide Customer with reasonable information in its possession that may be responsive to the Demand and any assistance reasonably required for Customer to respond to the Demand in a timely manner. Customer acknowledges that Logisticentrum has no responsibility to interact directly with the entity making the Demand.

Destruction of Personal Information

If requested by Customer, Logisticentrum will, within a commercially reasonable period of time, destroy or render unreadable all Personal Information received by Logisticentrum from Customer using appropriate methods of data destruction based on current industry standards, except where the Data Protection Regulations or local law provide for that Personal Information to be preserved or maintained. Written confirmation that the Personal Information was destroyed or rendered unreadable can be provided upon request.