Privacy Policy

1 INTRODUCTION

1.1.1 At Proof of Condition Solutions B.V., with its offices at Jaarbeursplein 22, 3521 AP, Utrecht, the Netherlands, operating under the name Cargosnap (us, we, our), we value your privacy, recognize the importance of safeguarding your data, and are committed to complying with all the laws, rules and regulations related to data protection including, but not limited to, the General Data Protection Regulation (GDPR). In this Policy, personal data (Personal Data) refers to any information that, on its own, or in combination with other available information, can identify you as an individual.

1.1.2 We offer a software platform for capturing, storing, and sharing proof of condition of cargo and transportation equipment in a business-to-business setting (the Platform). In addition to access to the Platform, we may provide additional services, including customization of functionalities or Platform offerings (collectively, access to the Platform and any additional services, the Services). When providing the Platform and Services to our business customers under a contractual arrangement, we act as a Data Processor on behalf of those customers, who remain the Data Controller for the data processed through the Platform. In such cases, our processing activities are governed by the terms of our data processing agreement with the relevant customer, and this Policy does not apply.

1.1.3 This Policy explains how we collect, use, and protect personal information when individuals interact with us, including but not limited to when they create or use a user account on the Platform, visit our website, apply for employment or otherwise interact with us. In the scenarios described above, we act as the Data Controller, determining the purposes and means of processing your Personal Data. This Policy applies exclusively to the processing of Personal Data where we act as a Data Controller. Where we process Personal Data on behalf of our business customers as part of their use of the Platform and Services pursuant to a contractual arrangement, we act as a Data Processor and our customers act as the Data Controller. In such circumstances, this Policy does not apply; instead, the processing is governed by the applicable data processing agreement between us and the relevant customer, and you should refer to that customer's privacy policy for information about how your Personal Data is processed.

1.1.4 This Policy outlines how we, as Data Controller, collect, use, and protect Personal Data in compliance with the GDPR and describes your rights regarding your Personal Data. This Policy concerns our processing of Personal Data of job applicants, customers, users, and website visitors.

2 PROCESSING OF YOUR PERSONAL DATA

2.1 The Personal Data we collect

The Personal Data we collect depends on your interaction with us and may include:

(i) Contact Data: full name, email address (which is used as a login and communication channel), phone number, and postal address;

(ii) Technical Data: IP address, browser type, device identifiers (including device nicknames), GPS coordinates, timestamps, and location data;

(iii) Usage Data: information on how you use our website and Services, such as pages visited, time spent on each page, and navigation patterns;

(iv) Communication Data: records of your correspondence with us, including emails, forms submitted through our website, or phone calls; and

(v) Other Data: any other information you voluntarily provide to us.

2.2 How we collect Personal Data

2.2.1 We receive your Personal Data in several ways, including when you provide it directly or through third parties. You may give us your Personal Data by using our Platform, filling in forms, or by corresponding with us by phone, email or otherwise. This includes the following situations:

(i) Contact us: you can contact us through the contact option on our website. You can also contact us directly via email. In either case, we will collect at least your email address and name. Further information you provide to us may also contain Personal Data. We use this Personal Data to respond to and resolve your inquiry. If you are not a registered user with an account, we will delete your Personal Data as soon as your issue or question is resolved and you do not wish to continue using our Services;

(ii) Website visits: every time you visit our website, data is collected in the background by means of technologies such as cookies. For detailed information about the cookies we use and how to manage your preferences, please refer to our Cookie Policy. We process Personal Data obtained through cookies on the basis of our legitimate interest in ensuring the proper functioning of our website and Services or, where required, on the basis of your consent;

(iii) Creation of an account: when you create a user account to access the Platform, including a free account, we collect your Personal Data directly from you. This process involves completing an online registration form on our website, where you provide the necessary details required to establish and manage your account. For the avoidance of doubt, this Policy applies to the Personal Data we collect from you in connection with the creation and management of your user account, where we act as Data Controller. Any Personal Data that you upload or process within the Platform as part of your use of the Services is processed by us as Data Processor on behalf of our business customers, and such processing is governed by the applicable data processing agreement with the relevant customer, not this Policy.; and

3 PURPOSE AND LEGAL BASIS

3.1 Business purposes

3.1.1 We use the Personal Data we collect to provide, maintain, protect, and improve our Platform and Services and to develop new offerings. In addition, we may use your Personal Data for one or more of the following purposes:

(i) When you contact us: when you contact us directly, we use your Personal Data to respond to your inquiries about our Services and to provide you with information about changes, offers, updates, or other announcements related to our Services;

(ii) Website Functionality: we utilize your Personal Data to enhance and improve the performance, features, and overall user experience of our website. This includes optimizing technical performance, personalizing your browsing experience, and maintaining security;

(iii) Accounts: the Personal Data collected during creation of your user account is used to provide you with access to our Platform and Services;

(iv) Platform Functionality: we utilize your Personal Data to enhance and improve the performance, features, and overall user experience of our Platform. This includes optimizing technical performance, and maintaining the security; and

(v) Analyses: we may use the Personal Data we collect to conduct analyses and gain insights into how individuals interact with our Services. These analyses help us improve our Services and monitor usage of our Services and website. These analyses are conducted to gain insights into user behaviors, preferences, and trends, enabling us to better understand the needs and interests of individuals using our platform.

3.2 Compliance with the law

We process your Personal Data to comply with applicable laws and regulatory frameworks. In connection with this purpose, we may need to disclose your Personal Data to governmental or supervisory authorities.

3.3 Legal basis

All in all, we rely on the following legal bases to collect, use, share and otherwise process your Personal Data:

(i) Performance of a contract: we process your Personal Data where it is necessary to fulfill a contract or to take steps at your request before entering into a contract. This includes when you create and manage your user account and if your inquiry or communication relates to entering into or performing a contract;

(ii) Legitimate interest: we process your Personal Data where it is necessary for the purposes of our legitimate interests, provided these are not overridden by your fundamental rights and freedoms. This includes responding to your inquiries, using functional cookies, conducting analyses of user behavior and interactions with our Services and website to optimize performance and user experience, and maintaining the security and integrity of our website and Services;

(iii) Consent: we process your Personal Data based on your explicit consent for our use of analytical cookies to collect insights into how you interact with our website and Services; and

(iv) Compliance with legal obligations: we process your Personal Data where necessary to comply with a legal obligation of whatever nature (including any compliance obligations), a court order, to prevent or limit any damages that we might sustain, or to exercise and defend legal claims.

4 TRANSFERS TO THIRD PARTIES

4.1 Third parties engaged by us

We do not sell, rent, or trade your Personal Data to third parties. However, we may share your Personal Data with trusted third-party service providers, consultants, and other agents that help us in providing our Services and our website. These third-party service providers have access only to the Personal Data necessary for these purposes and are contractually obligated to protect and secure your Personal Data. We take the necessary measures to ensure that third parties only process your Personal Data to the extent necessary and in accordance with applicable laws. Where required, we implement supplementary measures to ensure an equivalent level of protection, including encryption, access controls, and data-minimization.

4.2 Third-party links on our website

Our website may contain links to websites operated by third parties. If you access a third-party website through our website, your Personal Data may be collected by that third party through its website. We make no representations or warranties in relation to the privacy practices of any third-party provider or website and we are not responsible for the privacy policies or the content of any third-party provider or website. Third-party providers or websites are responsible for informing you about their own privacy practices and we encourage you to read their privacy policies.

4.3 Business transfer

In the event of a merger, acquisition, bankruptcy, or other transaction in which a third party assumes control of our business, we may transfer your Personal Data to such third party. We will make reasonable efforts to notify you prior to any such transfer.

4.4 Compliance with applicable law

We may disclose your Personal Data to legal authorities if required to comply with applicable laws or to protect our rights and interests. Such disclosures are made in accordance with relevant regulations and only when absolutely necessary.

5 DATA TRANSFERS

Your Personal Data will only be stored or processed by us or by third parties outside the European Union (and the European Economic Area) in accordance with applicable regulations (in particular, the GDPR) for the transfer of Personal Data to countries outside the European Union (and the European Economic Area). This means that we will only transfer your Personal Data to countries outside the European Union (and the European Economic Area) if the European Union has decided that the third country concerned guarantees an adequate level of protection, or if other appropriate safeguards are offered, such as an adequacy decision or the use of standard contractual clauses approved by the European Commission. For information on transfers to third parties, please see Section 4.

6 DATA RETENTION

6.1 Personal Data collected

We collect Personal Data only for the purposes set out in this Policy and limit collection to what is necessary for those purposes. We also ensure that the Personal Data we collect is accurate and sufficient to properly fulfill those purposes.

6.2 Retention period

6.2.1 We retain Personal Data only for as long as necessary to fulfill the purposes outlined in this Policy and to comply with legal obligations. The specific retention periods depend on legal and regulatory requirements and the nature of the data. When we no longer need your Personal Data, we will remove it from our systems and/or take steps to anonymize it so you can no longer be identified on the basis of this information.

6.2.2 If you wish to have your Personal Data removed from the Platform, an administrator within your organization may delete the relevant content or remove your account. Please note that deleted content may still reside on our servers and/or backups for a period of time. If you are not comfortable that the information is sufficiently removed, please contact us using the details provided at the end of this Policy, and we will endeavor to remove or alter the information in a manner that addresses your specific privacy concern while maintaining the functionality of our Platform.

7 PROTECTION OF PERSONAL DATA

We implement appropriate measures to protect and secure your Personal Data against loss and unlawful processing. Taking into account the state of the art, we provide appropriate technical and organizational measures to ensure a level of security appropriate to the risk. We have procedures in place in the event of a data breach or if we suspect one. We will notify the relevant supervisory authority within 72 hours of becoming aware of a breach where required by law, and will notify affected individuals without undue delay where the breach poses a high risk to their rights and freedoms.

8 YOUR RIGHTS

8.1.1 You have the following rights regarding your Personal Data.

(i) Right to withdraw consent: If we process Personal Data based on your consent, you are allowed to withdraw your consent at any time.

(ii) Right to information and access: You have the right to learn whether we are processing your Personal Data and to request a copy of the Personal Data we are processing about you.

(iii) Right to rectification, restriction, limitation, deletion: You have a right to have your Personal Data rectified, restricted, limited or deleted.

(iv) Right to object: Under certain circumstances, you have the right to object to the processing of your Personal Data when we process your Personal Data on the basis of our legitimate interest. In such cases, we will cease processing your Personal Data unless there are compelling legitimate grounds to continue processing or where it is needed for legal reasons.

(v) Right to portability: You have the right to obtain the Personal Data we hold about you, in a structured, electronic format, and to transfer such Personal Data to another data controller, where this is (a) Personal Data which you have provided to us, and (b) we are processing that data based on your consent or to perform a contract with you.

(vi) Complaints: If you have a complaint about this Policy or any element of the Personal Data that we hold, then please contact us. If you are not satisfied, then you have the right to lodge a complaint with the local data protection authority, being the Dutch Data Protection Authority (Autoriteit Persoonsgegevens).

8.1.2 To exercise any of your rights, please contact us using the details provided at the end of this Policy. To process your request, we may need to verify your identity to ensure the security of your Personal Data. We will respond to your request within one (1) month of receipt, although this period may be extended by a further two (2) months where necessary, taking into account the complexity and number of requests. We will inform you of any such extension within one (1) month of receipt of your request. Requests are generally processed free of charge; however, we reserve the right to charge a reasonable fee or refuse to act on a request where it is manifestly unfounded or excessive, in particular because of its repetitive character.

9 CHANGES

We may update this Policy from time to time to reflect changes in our practices or applicable legal requirements. The latest version will always be available on our website.

10 CONTACT US

To contact us, please email us at support@cargosnap.com.