Privacy Policy

This privacy policy ("Policy") discloses the privacy practices for any websites or services (including any of our applications for use with hardware or software of others, such as iPhone, Chrome, Android, Outlook, and Mac Mail) owned or controlled by ItsMyCargo ApS or ItsMyCargo GmbH (“IMC”) — whether you are an IMC customer or IMC’s customers’ customer — that link to this Policy. This Policy will apply with respect to your use of any such websites and services regardless of (i) your method of access (for example, computer browser, Outlook application, iPhone, etc.), or (ii) whether you are a registered user or a visitor. Each of the websites and/or services covered by this Policy are referred to as a "site", and all such websites and services are collectively referred to as the "sites".

This Policy addresses the information and content we currently collect and process from you — whether you are an IMC customer or IMC’s customers’ customer — in the course of your visit to our sites and your use of them. Information you disclose to us in the course of your access and use of our sites is referred to generally in this Policy as "personal information"; this personal information includes your user information, billing information and user content (as those terms are defined below) as well as any other information disclosed, provided or obtained by us in the course of our relationship. The Policy may also address some types of content, information, means of collecting such content and information, and uses of it, that may not presently apply to any of the sites. We tell you about these types of possibilities now because we want to maintain flexibility in offering additional features without having to revise our Policy every time we revise a site or offer new functions. No description of any type of content or information, means of collecting the content or information, or use of the content or information will require us to collect or make any particular use of any such content or information, or offer any particular functionality through any site; your use of any of our sites is always as provided for in the Terms of Service specific for that site, and you should review those Terms to understand your rights and obligations with respect to your use of that site.

We may update this Policy from time to time in order to reflect, for example, changes to our privacy practices or for other operational, legal, or regulatory reasons. If we make material changes to this Privacy Policy, we will give you notice of such changes by posting the revised policy on this Website, and where appropriate, by other means. By continuing to use this Website or the Support Service after these changes are posted, you agree to the revised policy.

If you have any questions about any of the information contained in this Policy, please feel free to contact us via email at support@itsmycargo.com.

1. Content Ownership, Collection and Use

1.1.

You always retain whatever ownership rights you may have in any content, data, or other such materials you upload or otherwise actively provide to us through the sites (the "user content"). We will not sell, share, or rent this user content to others in ways different from those disclosed in this Policy.

1.2.

In addition to user content you may upload or otherwise provide to us, we may collect additional information relating to, for example, your activities while visiting our site, at several different points on a site, and additional information on our collection and use of such additional information is provided below.

2. Collecting Information Through Registration, Ordering, and Related Processes

The IMC Service is intended only for those who are at least 18 years old – or, if the age of majority in your state or province is greater than 18 years, such age of majority in your state or province – or who have obtained the consent of their parent or guardian to use the IMC Service. Personal registration information submitted by a minor violates the website terms of use and will not be accepted.

2.1. Information from IMC Customer(s)

2.1.1.

We collect IMC Customer’s name, company name, address, email address, phone number(s) and, if applicable, credit card details. We need this information to provide you with our Service(s); for example, to confirm your identity, contact you, and invoice you.

2.1.2.

We collect data about the IMC-hosted web pages that you visit. We also collect data about how and when you access your account, including information about the device and browser you use, your network connection and your IP address. We need this information to give you access to and improve our Services.

2.1.3.

We collect Personal Information about your customers that you share with us or that customers provide while using the ItsMyCargo shop system. We use this information to provide you with our Services and so that you can process orders and better serve your customers.

2.1.4.

We will also use Personal Information in other cases where you have given us your express permission.

2.1.5.

We collect Personal Information when you sign up for our Services, when you access our Services or otherwise provide us with the information.

2.2. Information from IMC Customers’ Customers’

2.2.1.

We collect our IMC customers’ customer's’ name, email, shipping and billing address, payment details, company name, phone number, IP address and device data. We need this information to provide merchants with our Services, including supporting and processing orders, authentication, and processing payments. We also use this information to improve our Services.

2.2.2.

Information is collected when an IMC customer’s customer uses or accesses our Services, such as when a customer visits an IMC customer’s site, places an order or signs up for an account on a merchant’s site.

2.3. Information from Partners

2.3.1.

Partners are individuals or businesses that have agreed to the terms of the IMC Partner Program to work with IMC to promote the Services by (a) referring clients to IMC; (b) developing IMC store themes for IMC customers’ use; or (c) developing apps using the IMC Application Interface (API) of IMC customer use.

2.3.2.

We collect your name, company name, website, social media handles, phone number(s), address, business type, email address, PayPal Account, and tax number. We use this information to work with you, confirm your identity, contact you, and pay you.

2.3.3.

We collect data about the IMC-hosted web pages that you visit and how and when you access your account, including information about the device and browser you use, your network connection and your IP address. We use this information to give you access to and improve our Services.

2.3.4.

We collect Personal Information about your customers that you share with us or that they provide to us directly. We use this information to work with you and to provide our Services to your customers.

2.3.5.

We will also use Personal Information in other cases where you have given us express permission.

2.3.6.

We collect this information when you sign up for a Partner Account, when you sign up one of your customers for our Services, or when your customers sign up themselves. We also collect any additional information that you might provide to us.

2.4. Information from IMC website visitors and support users

2.4.1.

From IMC website visitors, we collect information about the device and browser you use, your network connection and your IP address. We also collect Personal Information submitted by you via any messaging feature available from any of our websites (“Messaging Feature”).

2.4.2.

We may also receive Personal Information when you make requests to IMC via any of our websites.

2.4.3.

From telephone support users, we collect your phone number and call audio.

2.4.4.

From chat support users, we collect your name, email address, information about the device and browser you use, your network connection, your IP address and chat transcript.

2.4.5.

We use this information to provide and enhance our Services (including servicing your account, if applicable), and answer any questions you may have.

2.4.6.

We collect this information when you visit IMC-hosted web pages, use Services offered on our websites or engage with us either by email, web form, instant message, phone, or post content on or through our websites (including forums, blogs and via any Messaging Feature). We also collect any additional information that you might provide to us.

3. Cookies and Similar Tracking Technology

Like most websites, we and our third party partners collect certain information automatically when you visit our Service, read our emails, or interact with us. We typically collect this information through a variety of tracking technologies, including cookies, beacons, automated tracking methods and similar technology (which we’ll refer to collectively as “cookies”).

3.1.

We collect information about your device and its software, such as your IP address, browser type, Internet service provider, platform type, device type, operating system, date and time stamp, a unique ID that allows us to uniquely identify your browser, mobile device or your account, and other such information.

3.2.

We also collect information about the way you use the Service, for example, the site from which you came and the site to which you are going when you leave our website, the pages you visit, the links you click, how frequently you access the Service, whether you open emails or click the links contained in emails, whether you access the Service from multiple devices, and other actions you take on the Service.

3.3.

We use cookies to better display our Service, to save you time, to provide better technical support, and to anonymously track Service usage. For example, cookies help us to: (a) Keep track of whether you are signed in or have previously signed in so that we can display all the features that are available to you; (b) remember your settings on the pages you visit, so that we can display your preferred content the next time you visit; (c) display personalize content and targeted advertisements on our Service as well as on other websites and services; (d) perform analytics, and measure traffic and usage trends, and better understand the demographics of our users; (e) diagnose and fix technology problems; and (f) otherwise plan for and enhance our Service.

3.4.

Please note that because there is no consistent industry understanding of how to respond to “Do Not Track” signals, we do not alter our data collection and usage practices when we detect such a signal from your browser.

4. Use and Sharing of Information

4.1. Account Owner

Depending on the configuration and features selected by the Company Account Owner, we may share your information with the Owner or other Company User Accounts associated with your account. For example, an employer or team leader may have access to certain information about your use of the IMC service.

4.2. Other Users with Whom You Interact on the Service

The Service is designed for users to collaborate and communicate with one another. Your information will be shared with other users you chose to interact with on the Service. If you are accessing the Service because you were invited by a IMC User, please remember that your information is subject to this Privacy Policy and to the IMC User’s own privacy policies and practices. Please review the privacy policy of the IMC User(s) with whom you interact on the Service before providing any personal information or user content.

4.3. Additional Users

When you add additional users to your account we send them an invitation to join our site and request such users to provide us with certain additional contact information including such users' email addresses. When you use such a service, you represent and warrant to us that you have an existing business or personal relationship with such additional user sufficient to avoid liability under any law that applies to unsolicited email. You will be deemed to be the sender of any such email (or other electronic communication) and we will be deemed to merely be a service provider facilitating your sending of the email (or other electronic communication).

4.4. Aggregated Information

We and our agents may share aggregated demographic information with our users, our affiliated organizations, and other organizations with which we do, or contemplate doing, business. Such information is aggregated and is not linked to any information that can identify individual users.

4.5. Third Parties

IMC works with third parties to help provide you with our Services and we may share Personal Information with them to support these efforts. In certain limited circumstances, we may also be required to share information with third parties to conform to legal requirements or to respond to lawful requests by public authorities, including to meet national security or law enforcement requirements. We may also receive Personal Information from our partners and third parties.

4.5.1.

Personal Information may be shared with third parties to prevent, investigate, or take action regarding illegal activities, suspected fraud, situations involving potential threats to the physical safety of any person, violations of our Terms of Service or any other agreement related to the Services, or as otherwise required by law.

4.5.2.

Personal Information may be shared with third party vendors to help us conduct marketing and/or advertising campaigns.

4.5.3.

Personal Information may also be shared with a company that acquires our business, whether through merger, acquisition, bankruptcy, dissolution, reorganization, or other similar transaction or proceeding. If this happens, we will post a notice on our home page.

4.5.4.

IMC is responsible for all onward transfers of Personal Information to third parties in accordance with the EU-U.S. Privacy Shield Principles, the U.S.-Swiss Safe Harbor Framework.

4.5.5.

IMC will always ask for your consent before sharing your Personal Information with third parties for purposes other than those described in this Section 4.

4.5.6.

IMC remains responsible for Personal Information that is transferred to a third party for processing or to support our efforts in providing you with our Services. Any Personal Information transferred to a third party for data processing is processed in accordance with our instructions, and is subject, by law, to a comparable level of protection as that provided by IMC. Hereby, a “comparable level of protection” means a level of protection generally equivalent to that provided by IMC.

4.6. General Use

Notwithstanding any other provision of this Privacy Policy, we may share personally identifiable information with various vendors, suppliers, and partners. IMC uses commercially-reasonable efforts to verify that such vendors, suppliers, and partners provide products and services of interest to site users, and do not endorse such vendors, suppliers, advertisers, products or services unless expressly stated otherwise.

4.7. Aggregate and Anonymous Data

IMC (including our vendors, suppliers and partners) shall have a worldwide, perpetual, irrevocable, royalty-free right to use aggregated and/or anonymous data in connection with our and our vendor’s, supplier’s and partner’s business operations including, without limitation, combining such data with other similar data from you and other users.

4.8. Assignment for Sale or Merger

In addition, as we develop our business, we might sell or otherwise transfer all or parts of our businesses or assets. We may also disclose your personal information (including user information, billing information and user content) to a third party as part of a sale of assets of IMC, merger, reorganization, dissolution or similar event, or as the result of a change in control of the company or one of its affiliates, or in preparation for any of these events. Any third party to which we transfer or sell our assets will have the right to continue to use the personal and other information that you provide to us in the manner set out in this Policy and then in accordance with the terms of their privacy policy, subject to the terms of the section below entitled "Changes to the Privacy Policy."

4.9. Public Authorities

We also may disclose an individual’s personal information in response to a lawful request by public authorities, including to meet national security or law enforcement requirements.

4.10. Other Companies

We do not and will never share, disclose, sell, rent, or otherwise provide Personal Information to other companies (other than to specific IMC customers you may be interacting with) for the marketing of their own products or services.

4.11. Your Customers

If you are a merchant using IMC’s Services, we do not use the Personal Information we collect from you or your customers to independently contact or market to your customers. However, IMC may contact or market to your customers if we obtain their information from another source, such as from the customers themselves.

4.12. Supplementation of Information

We sometimes supplement the user information we receive from you with other information we receive from public and/or third party sources, such as credit card issuers or clearinghouses. We will consider any such supplemental information about you as user data and may use it in accordance with the terms of this Policy.

5. Links to Third Party Websites and Services

The Service may contain links to and from third party websites of our business partners, advertisers, and social media sites and our users may post links to third party websites. If you follow a link to any of these websites, please note that these websites have their own privacy policies and that we do not accept any responsibility or liability for their policies. We strongly recommend that you read their privacy policies and terms and conditions of use to understand how they collect, use, and share information. We are not responsible for the privacy practices or the content on the websites of third party sites

6. Security

6.1.

Where we or our agents collect nonpublic Personal Information from you, we or they will generally take reasonable steps to protect such information in transmission, but there may be circumstances when such information will not be protected that way. Unless we have or our agent has specifically identified the connection as secure or otherwise let you know your information is secure in a particular situation, you should assume that the connection is not secure and that it is possible for third parties to surreptitiously and/or illegally intercept the information shared by you and us during that part of the session.

6.2.

If you use third-party software integrated into our service your information will be handled by such third-party and we cannot assure you that such information will be handled in a secure manner.

6.3.

We follow industry standards on information security management to safeguard sensitive information, such as financial information, intellectual property, employee details and any other Personal Information entrusted to us. Our information security systems apply to people, processes and information technology systems on a risk management basis.

6.4.

No method of transmission over the Internet, or method of electronic storage, is 100% secure. Therefore, we cannot guarantee the absolute security of your Personal Information.

6.5.

The Children’s Online Privacy and Protection Act (COPPA) regulates online collection of information from persons under the age of 13. It is IMCs policy to refrain from knowingly collecting or maintaining personally identifiable information relating to any person under the age of 18. Please do not supply any personally identifiable information for a person under the age of 18 through any of the sites. If you are under the age of 18 and believe you have already provided personally identifiable information through the site, please have your parent or guardian contact us immediately using the contact information above so that we can remove such information from our files.

7. Communication

7.1.

We may send to you one or more welcome emails that may also verify password and user name information, and we may send to you updates, service announcements, administrative messages, or other important information about one or more of the sites and/or our services. We may also send you newsletters, notifications or other information about products, services, and special deals we think may be of interest to users like you.

7.2.

Some of these communications – such as those with service announcements or such – are tied to the service and contain important information about the service or your use of it. For those types of communications, you can only unsubscribe from them by cancelling your subscription. When emails are not tied to use of the service, we will usually provide an unsubscribe link within them.

7.3.

Depending on the functionality selected by customer, the Service may permit users to communicate with each other through the Service, including through emails, online chat, video conference, or VoIP protocols that may ring or provide an alert on your mobile device. By using the Service, you consent to receive communications from other users via the Service. We do not control how our users communicate or use the Service, so please speak directly to the user contacting you if you no longer wish to be contacted or you may close your account or ask IMC to close it for you.

8. Misappropriation of Personal Information

8.1.

For the purposes of any applicable law regarding notification of persons whose personal information was, or is reasonably believed to have been, acquired by an unauthorized person, our information security policy provides that any required notification may, where permitted by law, be made by the use of email, telephone, fax, mail (including a notice printed in an available area of a bill or statement) or posting a notice on a site.

8.2.

The specific means used is up to us and we will use our judgment based on the circumstances. Where any notice is to be sent to a specific address or number (such as email address, physical address, telephone number, etc.), we will use the latest available address in our records. EXCEPT TO THE EXTENT PROHIBITED BY LAW, YOU AGREE TO THIS MEANS OF NOTIFICATION.

9. Accessing, Correcting, Updating or Deleting Personal Information

9.1.

Any user of our Service(s), retain all rights to their Personal Information and may view and access their Personal Profile and make changes to the personal information stored there at any time.

9.2.

In the addition, users (specifically those whose information we collect under the EU-U.S. Privacy Shield or the Swiss-U.S. Privacy Shield) have certain legal rights to access other personal information we hold about them and to obtain its correction, amendment, limitation or deletion in appropriate circumstances. To exercise those rights, they may contact their company administrator or contact us using the general contact information, 13. (“General Contact Information”).

9.3.

If you as a user are unable to change the Personal Information within your account settings, please contact IMC via support@itsmycargo.com to make the required changes. It’s important to remember that if you delete or limit the use of your Personal Information, the Services may not function properly.

9.4.

If you have any questions about your Personal Information or this policy, or if you would like to make a complaint about how IMC processes your personal data, please contact IMC by email at support@itsmycargo.com, or by using the contact details from 13. (“General Contact Information”).

9.5.

We will use commercially reasonable efforts to timely make any changes you request. Many such changes are accomplished using batch processing (i.e. collecting a number of similar change requests and making all such changes at once), so the changes may not be immediately effective but may take 30 days or longer. If you require a more immediate change to your personally identifiable information and are unable to make such a change using the available site resources, please contact us via support@itsmycargo.com or directly through our Data Protection Officer, 13. (“General Contact Information”).

10. Information about Unsubscribing and Opting Out

10.1.

You may opt out of receiving certain e-mails, e-mail updates and alerts and phone calls as well as deactivate your account by contacting us at support@itsmycargo.com. You may turn off cookies in your browser, which will prevent certain tracking.

10.2.

However, we will continue to store archived copies of your Personal Information for legitimate business purposes and to comply with the law.

10.3.

We will continue to store anonymous or anonymized information, such as website visits, without identifiers, in order to improve our Services.

10.4.

Users who no longer wish to receive newsletters or other promotional materials will generally be provided with a link or other mechanism to use to unsubscribe from the receiving the respective materials. You may opt out of receiving such newsletters or other promotional materials by following the procedure provided there.

10.5.

If you have any questions about your privacy rights, or how to opt-out of having your information shared other than as described above, or to exercise any other opt-out under the EU-U.S. Privacy Shield or Swiss-U.S. Privacy Shield, please contact the Data Protection Officer with the general contact information found in 13. (“General Contact Information”).

10.5.1.

Please note, for certain communications (such as related to your account information or system status) and the sharing of certain of your information, it may not be possible for you to just opt out of having your information shared; your only option would be to terminate your service.

10.6.

In most cases, it is impractical for us to stop any other third party to whom we have supplied your information pursuant to the terms of this Policy from continuing to use such information after you have opted out. In other words, opting out will usually not stop other third parties to whom we have provided your information from continuing to use it.

11. Data Protection Across Borders

11.1.

IMC provides services to customers and our technology processes data from users around the world, including the European Economic Area (“EEA”). Accordingly, IMC may transmit your personal information outside of the country, state, or province in which you are located.

11.2.

IMC (specifically ItsMyCargo ApS and ItsMyCargo GmbH) complies with the EU-U.S. Privacy Shield Framework, regarding the collection, use, and retention of Personal Information from data subjects in the EEA, and with the Swiss-U.S. Privacy Shield Framework regarding the collection, use and retention of Personal Information from data subjects in Switzerland. In this regard, we have certified that we adhere to the Privacy Shield Principles of notice, choice, accountability for onward transfers, security, data integrity and purpose limitation, access, recourse, enforcement and liability.

11.3.

If you are located in the EEA, your personal information is processed by IMC’s German affiliate, ItsMyCargo GmbH. Please note that as part of our service, we may transfer your personal information to other regions, including the United States. In order to ensure that your information is protected when transferred out of the EEA, IMC relies on the EU-U.S. Privacy Shield (described in more detail below), as well as inter-company agreements between our affiliates that may process your information on behalf of IMC.

11.4.

Additionally, if you are located in the EEA, you have certain rights under European law with respect to your personal data, including the right to request access to, correct, amend, delete, or limit the use of your personal data. In order to exercise these rights, please reach out to us using the contact information below.

12. Exceptions

Notwithstanding anything else in this Policy to the contrary, we may collect personally identifiable information and use and disclose such information in ways other than those described above if we are required to do so by any applicable law or if we deem it advisable and lawful in the course of (i) assisting law enforcement activities, or (ii) investigating and resolving disputes between users; and (iii) protecting our site(s) or other property, including, without limitation, investigating, preventing or taking action with respect to illegal activities, suspected fraud, situations involving the potential safety of any person, violations of IMC's terms of service, or as otherwise required by law. Without limiting the foregoing, we reserve the right to use and disclose any information that you provide to us if we deem it advisable in the prosecution or defense of any litigation involving your use of any site.

13. General Contact Information

If you feel that we are not abiding by this Policy or if you have questions regarding this Policy, you may contact our data protection and privacy liaison using the following information:

Data Protection Officer

ItsMyCargo GmbH

Brooktorkai 7

20457 Hamburg, Germany

Telephone: +45 50 111 171

ml@itsmycargo.com