2INFORMATION COLLECTED BY SHIPNIX
2.1 Shipnix may collect the following information:
2.1.1account registration details including name, address, telephone number, fax number and email address;
2.1.2any financial information or credit information;
2.1.3unique identifiers including company registration number, ID number and VAT number;
2.1.4the information that Shipnix gathers about Users as a result of use of the Website, including without limitation details relating to routes/vessels/capacity/rates offered on the Website by Shipping Companies and the routes/vessels/cargo type etc. selected by Shipping Customers;
2.1.5information defined as “personal information” in section 1 of the Protection of Personal Information Act, No. 4 of 2013
(collectively hereinafter referred to as “Personal Information”).
2.2Should any Personal Information change, Users are required to inform Shipnix and to provide Shipnix with updates as soon as reasonably possible to enable Shipnix to update and keep accurate all Personal Information provided/gathered.
3HOW SHIPNIX USES AND PROCESSES PERSONAL INFORMATION
3.1 Shipnix uses, stores and processes Personal Information for the following general purposes:
3.1.1to enable Users to access and use the Website;
3.1.2to enable Users to communicate with other Users, including but not limited to, contacting each other for purposes of agreeing any further particulars relating to a specific Booking concluded between a Shipping Company and Shipping Customer;
3.1.3to operate, protect, improve and optimise the Website and trading platform provided, the Shipnix business and Users' experience and to provide customer service;
3.1.4to help create and maintain a trusted and safer environment on the Website, such as detection and prevention of actual and potential fraud and other harmful activity, conducting investigations and risk assessments, enforcing the Shipnix Terms and Conditions, verifying specific information provided by Users and conducting checks against databases and information sources (such as but not limited to public government databases) for fraud detection and prevention, risk assessment and harm prevention purposes. In this regard, Shipnix may do any or all of the foregoing with or without further notifying Users;
3.1.5to send Users service, support and administrative messages, reminders, technical notices, updates, security alerts, Booking Confirmations and information requested by Users;
3.1.6to send Users marketing, advertising, and promotional messages and other information that may be of interest, including information about Shipnix. Users may unsubscribe or “opt-out” from receiving these communications by emailing firstname.lastname@example.org;
3.1.7to comply with legal obligations, resolve any disputes that may arise between/by/against any Users, and to enforce agreements with third parties.
3.2Personal Information may be transferred, used, and disclosed as follows:
3.2.1parts of Users' public profile page that contain some Personal Information may be displayed in other parts of the Website to other Users or if Usrs post content in other features on the Website that are visible to the general public;
3.2.2 the Website allows Users' public profile and public Booking Requests or Booking Offers to be included in search engines, in which case the public profile and public Booking pages will be indexed by search engines and may be published as search results. This option is enabled by default, and Users may opt out of this feature by changing the settings on the User account. If a User changes the settings or the information on their public profile or public Booking pages, third party search engines may not update their databases quickly or at all. Shipnix does not control the practices of third party search engines, and they may use caches containing outdated information, including any information indexed by the search engine before a User changed its settings or the information on the User's public profile or public Booking pages
3.2.3on conclusion of a Booking and issue of a Booking Confirmation by Shipnix, certain information of the Shipping Company will be made available to the Shipping Customer and vice versa, to allow the Parties to contact each other in order to agree on any further particulars relating to the Booking as described in clause 7.5 of the Terms and Conditions;
4WHO MAY RECEIVE PERSONAL INFORMATION
4.1 When a User uses the Website to post a Booking Offer or Booking Request, a User's Personal Information will not be visible to other Users and any Personal Information will only be shared in respect of Confirmed Bookings between the specific Shipping Company and Shipping Customer concerned.
4.2Users are strongly encouraged to use caution when posting. Shipnix does not control and does not accept responsibility/liability for the disclosure or use of Personal Information which is voluntarily posted by a User on any publicly accessible area of the Website.
4.3Personal Information will not be sold or made known to any third party except insofar as is provided above and or is required to create a Confirmed Booking or otherwise as required/permitted by law.
4.4Whilst Shipnix will do all things reasonably necessary to protect Users' rights of privacy, Shipnix cannot guarantee or accept any liability whatsoever for unauthorised or unlawful disclosures of your Personal Information, whilst in the possession of Shipnix, made by third parties who are not subject to Shipnix control, unless such disclosure is as a result of gross negligence of Shipnix.
4.5If a User discloses Personal Information to a third party, such as an entity which operates a website linked to the Shipnix Website or anyone other than Shipnix, Shipnix shall not be liable for any loss or damage, howsoever arising, suffered by a User as a result of the disclosure of such Personal Information to the third party.
5.1 Shipnix will:
5.1.2take appropriate technical and organisational measures to ensure that Personal Information is kept secure and is protected against unauthorised or unlawful processing, accidental loss, destruction or damage, alteration, disclosure or access;
5.1.3provide Users with access to their Personal Information to view and/or update any details;
5.1.4promptly notify a User if Shipnix becomes aware of any unauthorised use, disclosure or processing of Personal Information;
5.1.6upon request, promptly return or destroy any and all Personal Information of a User in the possession or control of Shipnix, save for that which Shipnix is legally obliged to retain.
5.2Shipnix will not retain Personal Information longer than the period for which it was originally needed, unless required by law to do so, or with a User's consent to retaining such information for a longer period.
6CONTROLLING PERSONAL INFORMATION/PRIVACY CHOICES
6.1Users may choose to restrict the collection or use of Personal Information by emailing Shipnix at email@example.com, should a User:
6.1.1have previously agreed to Shipnix using Personal Information for direct marketing purposes, and the User decides otherwise;
6.1.2require details and/or copies of Personal Information held by Shipnix about the specific User;
6.1.3believe that any Personal Information held by Shipnix is incorrect or incomplete.
7CREDIT CARD SECURITY AND PRIVACY
7.1Should Users provide Shipnix with credit card details for payment of Confirmed Bookings, we will keep that information in the strictest confidence and such information will not be sold or made known to third parties except insofar as is required for executing a payment or as permitted by law.
7.2Credit card transactions will be acquired for Shipnix by Peach Payments (Pty) Ltd (“Peach Payments”). Peach Payments uses the strictest encryption - go to https://www.peachpayments.com/ to view their security certificate and security policy.
7.3No credit card details are stored on the Website and will be kept separate from other User information.
8COOKIES AND ANONYMOUS IDENTIFIERS
8.1On registration on the Website a User's computer or device may store an identifying cookie or anonymous identifier, which can save time when revisiting the Website, by accessing a User's Personal Information when a User signs in to the Website.
8.3Users hereby agree that if a User changes the settings on their internet browser to block or restrict cookies, including cookies associated with the Shipnix Website, or to indicate when a cookie is being set by Shipnix, the Shipnix Website may not work as intended. You should remember that, whilst you may still be able to use the Website if your cookies are disabled, it may not function properly on your device and you may not be able to take advantage of certain features on the Website.
9LINKS TO OTHER WEBSITES
9.2Some of the content, advertising, and functionality on the Shipnix Website may be provided by third parties that are not affiliated with Shipnix. Such third parties include:
9.2.1advertising providers, which help Shipnix and our advertising customers provide advertisements that are tailored to Users' interests and understand how Users respond to those advertisements;
9.2.2audience-measurement companies, which help Shipnix measure the overall usage of the Shipnix Website and compare that usage to other online services; and
9.2.3social networking services (like Facebook, Twitter, LinkedIn, Instagram) that enable Users to register and log into certain of Shipnix services and to share things found by Users on the Shipnix Website with a User's social network. This is only applicable if a User chooses to connect with a social networking service. Shipnix may provide other registration and login methods.
10AVAILABLE CHANNELS REGARDING COLLECTION, USE AND DISTRIBUTION OF PERSONAL INFORMATION (OPT OUT POLICY)