Since 1993, FEPORT represents the interests of large variety of terminal operators and stevedoring companies performing operations and carrying out activities over 425 terminals in the seaports of the European Union. FEPORT speaks on behalf more than 1225 companies.
Our aim is to promote the interests of our members, i.e. national associations and global multinational companies, and to maintain constant dialogue with all EU institutional and non-institutional stakeholders.
FEPORT acts as the controller of your personal data that it obtains when you provide your personal data or when you provide personal data regarding other data subjects on your behalf (e.g. through participation in an event, registration for receiving a newsletter, via e-mail or personal contact) (“Personal Data”).
2. LEGAL FRAMEWORK
- The Belgian Data Protection Act of 8 December 1992 on the protection of privacy with regard to the processing of Personal Data;
- 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 (General Data Protection Regulation);
- All other applicable legislation regarding the protection of privacy and the processing of personal data.
- Execute its activities, as described in article 1 (including entering into and executing contracts for this);
- Ensuring the optimal functioning of the website;
- Create a client and supplier file and to obtain more information hereof;
- Market research;
- Help improve its products and services;
- Provide direct marketing regarding its activities such as promotions, updates, specific campaigns and services, newsletters, info brochures, e-mails, invitations to events, marketing material and other information that may be useful to you;
- Better understand your needs and preferences in order to adjust its services hereto;
- The transfer to sub-contractors and contract parties of FEPORT for the execution of the aforementioned points;
- Comply with applicable regulations.
4. LEGAL GROUND AND APPLICABILITY
FEPORT has the following legal grounds for the processing of Personal Data
- The contract you have entered into with FEPORT;
- The free, specific, informed and unambiguous consent, from you or provided through you on behalf of the other data subject concerned to FEPORT, its partners (e.g. subcontractors or contracting parties) to process Personal Data. Such consent can be given by any means, such as but not limited to letter, e-mail, online or offline consent form, a membership, or orally;
- A legal obligation; and/or;
- A legitimate interest of FEPORT.
5. PERSONAL DATA
FEPORT can request, collect and process all Personal Data that:
- Can be useful for the Purpose, such as (first, middle, last) name, date of birth, gender, address, e-mail address, phone number, language preference, profession, professional interests and preferences, device data, log file data such as the IP address, browser and operating system, the external website that referred you, your surfing behaviour, including the pages you visit on the website and the date and time you visited the pages, other information provided to FEPORT, and cookies.
- Is gathered during or in the light of one of FEPORT activities.
6. VISUAL MATERIAL
FEPORT can make use of visual material (such as photographs, videos, etc.) of persons in the context of its activities. You are aware that images of you or of the persons whose Personal Data you have provided can be taken at FEPORT or at the events organised by it, such as workshops, seminars, on-site, etc.
FEPORT may use the visual material referred in the context of the activities referred:
- Use for internal purposes (and sharing this via internal communication systems such as e-mail) and storing this on a server accessible to FEPORT (either that of FEPORT or of its ICT provider);
- Use for external purposes such as sharing (e.g. via e-mail or on social media) for promotional purposes, direct marketing purposes, reporting to customers, publishing on the FEPORT website, use in presentations, social media, or communicated to third parties.
7. TRANSFER OF PERSONAL DATA TO THIRD PARTIES
FEPORT can rely on subcontractors or partners to perform certain processing activities (e.g. hosting the website, other ICT purposes, etc.). FEPORT enters into processing agreements with those third parties that can have access to your Personal Data.
FEPORT guarantees that it does not transfer Personal Data to other third parties, unless:
- There is a legal obligation to transfer Personal Data;
- FEPORT has a legitimate interest to do so.
Third parties to whom FEPORT may, or is obliged to, transfer Personal Data on the basis of the above categories can be located within or outside the European Union. The Personal Data may thus be transferred to companies or authorities of non-EU countries. FEPORT cannot be held responsible regarding the transfer of Personal Data and cannot be liable for the further processing of the Personal Data by such third parties, other than FEPORT processors.
8. REPRESENTATIONS AND GUARANTEES
You guarantee that you are entitled (on behalf of the data subject concerned) to pass on his/her Personal Data to FEPORT, e.g. from you, your employees, consultants, partners, etc. You hereby warrant, as far as necessary, to have obtained the necessary consents for the abovementioned transfer and you shall indemnify and hold FEPORT harmless for any claim in this respect.
You are aware that any violation of this provision will be considered a serious breach.
FEPORT stores and uses the Personal Data for as long as necessary to achieve the Purpose and minimum during the term as provided for in the applicable legislation, and in any event at least 5 years after the end of the agreement. When the Purpose is accomplished, it will erase the Personal Data.
The Privacy Legislation provides the data subjects with a number of rights regarding their Personal Data. Everybody has the right, free of charge:
- To have access to and receive a copy of his/her Personal Data;
- To have his/her Personal Data corrected in case of errors;
- To have his/her Personal Data erased in case:
- Personal Data are no longer necessary to achieve the Purpose;
- He/she withdraws his/her consent and there is no other legal ground for the processing of Personal Data;
- He/she objects to the processing his/her Personal Data and there is no other legal ground for the processing of his/her Personal Data;
- His/her Personal Data have been unlawfully processed;
- There is a legal obligation to erase his/her Personal Data;
- To have the processing of his/her Personal Data restricted;
- To request that his/her Personal Data are transferred to a third party;
- To object against the processing of his/her Personal Data, in particular in relation to direct marketing. You can at any time, free of charge object against the processing of your Personal Data for direct marketing purposes. This means amongst others that you can subscribe from newsletters, commercial or promotional mailings or personalized ads and that FEPORT can no longer send these to you.
- To withdraw his/her consent pursuant to which FEPORT is allowed to process Personal Data, after the agreement with you has come to an end;
- To file a complaint with the Data protection agency in case you are of the opinion that the processing of its Personal Data is contrary to the Privacy Legislation.
Please note that the Privacy legislation may impose conditions on exercising any of the above rights.
11. STORAGE AND SECURITY
The Personal Data are stored by FEPORT or, if applicable, by its ICT provider, located in the EU.
FEPORT commits to take (or have) all reasonable measures (taken) to its best ability to safeguard the protection of the Personal Data through technical safety measures and an appropriate safety policy from destruction, modification or unauthorised processing.
You acknowledge and accept that the transfer and storage of Personal Data is never without risk and consequently, FEPORT cannot be held liable for the damages that you may suffer as a result of the unlawful use of your Personal Data by third parties, other than FEPORT.
FEPORT can solely be held liable for damages which directly result from the processing of Personal Data due to a fault or negligence of FEPORT. In any event, FEPORT cannot be held liable: (i) in circumstances of force majeure, (ii) for any indirect or consequential damage, and/or (iii) for damages that result from errors, faults or negligence by you or third parties, other than FEPORT processors.