Privacy Policy
June 6 2018

1. Introduction
This is the privacy policy of Apex Maritime d.b.a. Apex Shipping, and its subsidiaries (collectively “Apex Shipping,” “we,” “us,” “our”).
 
In its everyday business operations Apex Shipping makes use of a variety of data about identifiable individuals, including data about:
• Current, past and prospective employees
• Customers
• Users of its websites, portals, mobile applications, social media
• Subscribers to our communications
• Other stakeholders
This policy describes how we collect and use personal data and outlines the steps Apex Shipping is taking to ensure that it complies with all applicable laws and regulations (including, without limitation, the European Union General Data Protection Regulation 2016 of the European Union and the Personal Data (Privacy) Ordinance (Chapter 486 of the Laws of Hong Kong)).
 
2. Definition of personal data
“Personal data” means any information relating to an individual person, which allow identification of an individual person directly or indirectly from that data. Examples are name, address, telephone number, email address, identification number, location data and other online identifiers.
 
3. 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, mobile applications, social media (“site”) 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.
 
When you purchase our products or services, we may collect your payment details such as your bank account number, debit/credit card number and expiry date and other information essential to effect the transaction.
 
3.2 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.
 
3.3 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.
 
3.4 Data collected through our products and services
We use data that we collect 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).
 
We may collect further additional personal data about you though your use of our products and services 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 that are permitted under applicable laws and regulations.
 
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 analyze 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.
 
4. 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 behavior, 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. Such communications may contain tracking technology that tells us whether you opened the communication and whether you followed the hyperlinks within the communication, in order to help us analyze the effectiveness of, monitor, and improve our marketing campaigns. 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.
 
4.6 Use of 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.).
 
We use third party newsletter software service provider that has certified its compliance with the EU U.S. Privacy Shield Framework and the Swiss U.S. Privacy Shield Framework in order to ensure that all data of our newsletter subscribers are handled according to data protection laws.
 
4.7 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.
 
5. 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 “12. Contact” heading.
 
6. 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 organizations 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 and/or regulatory 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.
 
7. 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 need to process your personal data, we will either securely destroy, erase, delete or anonymize 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.
 
8. 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 “12. Contact” heading.
• 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 “12. 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 “12. 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 “12. 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.
 
9. Security
Whilst all reasonable efforts will be taken to protect your personal data, no data storage or transmission can be guaranteed as 100% secure. We endeavor to protect all personal data using reasonable and appropriate physical, administrative, technical, and organizational 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 unauthorized access to your accounts.
 
10. Privacy by Design 
Apex Shipping 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.
 
11. Breach Notification
It is Apex Shipping’ 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 applicable laws and regulations, 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.
 
12. Contact
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 team.
 
If you wish to unsubscribe from marketing communications, please use the unsubscribe link on any email communication.
 
13. 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.