Privacy Statement PortXchange     

1.Identification of the data controller

PortXchange Products B.V., with registered office at Stationsplein 45, 3013AK Rotterdam, KVK number 72868007, or the relevant company of the PortXchange group as defined below (hereinafter the respective controller is identified as “PortXchange”, “we”, “us” or “our”) values the privacy of its current and future customers, partners, suppliers and website visitors (hereinafter “you” or “your”) and is therefore committed to process and protect your personal data as a controller in accordance with the applicable laws on data protection, including but not limited to Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (hereinafter “GDPR”) as well as any current or future acts or regulations in execution or amendment thereof (hereinafter together referred to as “Applicable Data Protection Laws”). 

This privacy statement (hereinafter “Privacy Statement”) contains essential information on how PortXchange, as the data controller, collects and processes personal data, for what purposes and explains your rights as a data subject pursuant to Applicable Data Protection Laws. 

We encourage you to read this Privacy Statement when you visit our website, make use of our services or engage in a partnership with us. 

2. Scope 

This privacy statement (hereinafter “Privacy Statement”) explains you how we process and protect the personal data that we gather through our website and our related services (including but not limited to a subscription to our newsletter, your voluntary participation to a live demo, your purchase of PortXchange products etc.).

For the purpose of this Privacy Statement, notions such as “personal data”, “processing”, “processor” or “controller”, will have the meaning attributed to it pursuant to Applicable Data Protection Laws. 

This Privacy Statement does not apply where we have notified you that an alternative privacy statement applies. 

3.The personal data we collect, purposes and legal ground 

When you visit our website, use our services or enter into an agreement with us we may process your personal data as follows:

Purposes Categories of personal data Legal ground
To respond to your queries you have submitted through our website (e.g. support@port-xchange.com, contact form or telephone number) Your professional contact details, which may include your name, e-mail address, contact telephone number, job title and the content of your message. Non-obligatory fields: consent

Obligatory fields: necessary for the performance of an agreement, or necessary for actions prior to entering into an agreement

To respond to your queries or other correspondence you have submitted through our website (e.g. support@port-xchange.com, contact form or telephone number) with the intent to enter into an agreement with us.  Your professional contact details, which may include your name, e-mail address, contact telephone number, job title and the content of your message. Non-obligatory fields: consent

Obligatory fields: necessary for the performance of an agreement, or necessary for actions prior to entering into an agreement

To provide you with information on PortXchange’s business activities, products, services or marketing campaigns (direct marketing) Your professional contact details, which may include your name and e-mail address. Consent 

Our legitimate interest to the extent that communication is sent to you in relation to similar activities, products, or services you have previously consented to.

To provide you with a live demo of our PortXchange product at your request.  Your professional contact details, which may include your name, e-mail address, contact telephone number, job title, company name, company type and your preference to which demo you would like to request.  Necessity for performance of an agreement 
To register your attendance to a PortXchange event such as f.e. a webinar. Your professional contact details such as your name, email address, function and organization you work for. Non-obligatory fields: consent

Obligatory fields: necessary for the performance of an agreement, or necessary for actions prior to entering into an agreement

To receive your feedback via questionnaires, surveys or feedback forms on our products, services and/or initiatives such as events.  Your professional contact details such as your name, and email address.  Consent 
To provide you as a customer of PortXchange our products and services at your request and manage our (customer) relationship with you. Your professional contact details such as your name, email address, telephone number and billing information in the customer agreement, your log-in credentials. Necessity for performance of the customer agreement
To analyse the use of our website and e-mail communication to continuously improve content, measure performance and optimize our communication to you. IP address;

Web behaviour (in aggregate), e-mail behaviour (in aggregate). 

Our legitimate interest, however to the extent that cookies are used for this purpose the applicable legal ground for cookies applies (see below in this schedule)
To meet legal, regulatory, and compliance requirements, in particular to respond to requests for information from government authorities. This may include your professional contact details, which may include your name, e-mail address, postal address and contact telephone number.  To comply with a legal obligation
To install certain cookies and similar technologies, as described below under “Cookies and related tracking technologies” Personal data collected via cookies, IP address;

Web behavior (in aggregate) including information about the website that you visited before you came to our website and any website you visit after leaving our website. PortXchange also collects information on the parts of the website you visit, the type of browser you use and the times you access the website. 

Consent to the extent legally required (i.e. for not strictly necessary functional cookies); Legitimate interest for strictly necessary functional cookies.

For more information about cookies, please see section 6 below and read our Cookies notice.

Please note that where the processing of personal data is a legal or contractual requirement, the refusal or inability to provide this personal data may prohibit us from providing you with the relevant service or information.

4. Processing of personal data via social media

PortXchange is also active through social media platforms (e.g. LinkedIn, Twitter and Youtube). When you use these platforms, you may be sharing certain personal data with them. The processing of your personal data by these platforms is subject to the privacy policy of the relevant platform.

In addition, we can also process personal data that you share with us via social media platforms. The legal basis that we apply in this case depends upon the situation and context. If you for example request more information about our services via social media, the legal basis that we apply for this use of your personal data is the necessity for the performance of the agreement. 

We may also target you through social media, for example to show relevant advertisements. In the latter case, PortXchange may be acting as a “joint controller” with the relevant social media platform, in which case you may consider support@port-xchange.com as your first point of contact for questions or exercise of your rights. 

If these processing activities by PortXchange are done on the basis of cookies, we ask for your prior consent. Please read our Cookie statement for more information.

5. Categories of recipients

Your personal data might be shared with:

  • Authorized staff of PortXchange (including employees and external consultants), (potential) purchasers, professional advisors and agents that need access to your data to provide you with our services;
  • Other functions and affiliated companies in the PortXchange group consisting of the following companies:
    • PXP Holding B.V.
    • PXP Escrow Foundation 
    • PXP Data Platform Foundation.

Depending on which legal entity of the PortXchange group you enter into contact with, this legal entity will process your personal data as an independent data controller in order to provide you with our services. 

  • Third party service providers which process your personal data on behalf of PortXchange and who are bound by contractual obligations to keep your personal data confidential and appropriately secure, such as (i) hosting companies (hosting our online platforms), (ii) technology / marketing tool companies (helping us manage our customers and deliver messages), (iii) analytics companies (helping us improve the experience) and (iv) event companies (helping us manage events); 
  • And government authorities, regulatory agencies and law enforcement officials, if required for the purposes specified above, if mandated by law, or if required for the legal protection of our legitimate interests in compliance with applicable laws, including Applicable Data Protection Law. 

 

6.Cookies and related tracking technologies

When you use our website, PortXchange may use cookies for instance to collect information about you and store your online preferences. Cookies are text files containing small amounts of information which are downloaded to your device when you visit a website. Cookies are then sent back to the website when you return to it: this is useful because it allows the website to recognise your device. To find out more about cookies please visit www.allaboutcookies.org

Please read our Cookie notice to find out which cookies PortXchange places on its website.

7.How long we store your personal data

In accordance with Applicable Data Protection Law, your personal data is retained for as long as we have a legitimate business need to process it, for example the duration of your customer agreement or in case there is no contract for a reasonable period in accordance with our legitimate interests for retention. When we no longer have a legitimate business need to process your personal data, we will either anonymize or delete it or in case this is not possible we will securely store your personal data and isolate it from further processing until deletion is possible. 

In all cases, personal data may be retained for a longer period if there is a legal or regulatory reason to do so, or for a shorter period if you object to the processing of your personal data and if there is no longer a legitimate reason to retain them.

For more information about the retention periods that apply for the processing of your personal data, please contact us using the contact details in section 11 below.

8.International data transfers

We may transfer your personal data to a third country or international organization (i.e., outside the EEA), in that case we will make sure that your personal data is either transferred to third countries that are deemed to be offering an “adequate” level of protection by the European Commission (a list of adequate third countries is available on the European Commission’s website), or alternatively, where your personal data is not sent to a country that provides an adequate level of protection, we will put in place appropriate safeguards with the entity receiving your personal data (e.g. the EU standard contractual clauses or binding corporate rules) to ensure that your personal data remains protected in accordance with Applicable Data Protection Law. 

If you wish to receive more information or a copy of these safeguards, please contact us at the following e-mail address: support@port-xchange.com.

9.Your rights under applicable data protection law

In accordance with Applicable Data Protection Law, you can exercise the following rights:

  • You may request access to and obtain a copy of any personal data we have processed about you;
  • You may also request that any of your personal data that is inaccurate, or incomplete be rectified or completed;
  • You may ask your personal data to be erased;
  • You may object to the processing of your personal data, ask us to restrict processing of your personal data or request portability of your personal data; 
  • You may also object, free of charge, to the processing of your personal data for direct marketing purposes by contacting PortXchange at the below address or by using the unsubscribe button in each direct marketing communication;
  • If we collect and process your personal data with your consent, you can withdraw your consent at any time. The withdrawal of your consent shall not affect the lawfulness of any processing based on your consent before its withdrawal;
  • You have the right to lodge a complaint with a supervisory authority.

You may exercise these rights by sending an e-mail at the following address support@port-xchange.com. We will respond to your request in accordance with Applicable Data Protection Law.

10. Security and Confidentiality of your Personal Data

PortXchange has taken technical and organisational security measures to prevent the destruction, loss, falsification, alteration, unauthorized access or disclosure of your personal data to third parties and any other unauthorised processing of these data.

We have made every effort to ensure the confidentiality, integrity and availability of the information systems and services that process personal data. All our employees and third parties engaged by us are obliged to respect the privacy and security of your data.

11. Contact Details

PortXchange is responsible for the collection and use of your personal data described in this information notice. You can contact us at support@port-xchange.com

In the event you prefer to contact us by post, you can do so on the following address:

Stationsplein 45
Kleinhandel E1.157
3013 AK Rotterdam

12. Updates to this Privacy Statement

We may update this Privacy Statement from time to time to comply with business, legal or technical developments. When we update our Privacy Statement we will take appropriate measures to inform you, depending on the importance of the changes and the legal requirements in this respect.