PRIVACY POLICY

PRIVACY POLICY

Information About Privacy and Personal Information Processing

This is a website operated by Mediterranean Shipping Company (Shanghai) Limited (hereinafter “MSC China,” “we,” “our,” or “us”). MSC China is registered in 26th Floor, Shanghai Ruifeng Int’s Tower, No.248 Yangshupu Road, Hongkou District, Shanghai.

MSC China is committed to protecting your Personal Information. This Privacy Policy accounts for the Personal Information collected, processed, and used via the https://www.msccargo.cn website (including the https://mymsc.msccargo.cn/mymsc/ portal) (hereinafter “Website”).

By using this Website, you agree to the collection, use, and disclosure of your Personal Information by MSC China in accordance with this Privacy Policy, where and as permitted by applicable laws and regulations of personal information, including but not limited to the provisions of the Personal Information Protection Law of the People’s Republic of China (“PIPL”), the Cyber Security Law of the People’s Republic of China (“CSL”), the Data Security Law of the People’s Republic of China (“DSL”). Please carefully read and agree to this Privacy Policy before accessing and using this Website. For Personal Information processing matters which need your separate consent, we will obtain your separate consent before processing your Personal Information in accordance with legal requirements.

What Personal Information we Collect

MSC China collects and processes certain Personal Information from you and your devices. For the purposes of this Privacy Policy, “Personal Information” means all kinds of information recorded electronically or otherwise in relation to identified or identifiable natural persons. It does not include Personal Information or aggregate information after anonymous processing.

On our Website, the Personal Information collected will depend on which of our services you utilize.

a) Interactive Services

Through our website, you may conduct interactive services like tracking, VSA, ISF and request shipping schedules, again, depending on your request, this may include Personal Information. If these functions not work, we make “user forms” available, (namely for tracking, searches on schedules, VSA, ISF, bookings, quotes, VGM and shipping instructions).

In this instance, we will request your email address, first name, last name, telephone number, company name, country, and then depending on the form you fill in and the nature of your search, we may additionally request details on the shipper, consignee, notify parties, invoice company, responsible party, signature, and forwarder which may contain Personal Information. When using these user forms, your IP address may be processed by us.

b) Newsletter and business communication emails

If you sign up to receive communications including news, updates and promotions from MSC China, we will ask for a first and last name, region (e.g., Americas, Africa, Europe, Middle East or Asia-Pacific), country, email address, telephone number(s) (optional), and language. We may then request your job title, position level, function, industry sector and trade information, but you have no obligation to provide us with these further details.

From time to time, we may also collect your Personal Information on landing pages for specific promotions or targeted events. In this case, we will request your first and last name, region, country, email address and telephone number.

In some of the countries where we operate, it may also be possible to apply for a position of employment via the Website. In this case, we will request standard Personal Information required in order to consider your job application.

c) mymsc web portal

For the use of the mymsc.msccargo.cn portal, which is accessible through msccargo.cn, we will collect your email address, first name, last name, telephone number, company name, road, city, country, and (optionally) state/region, postal code and fax number. Through this portal you may conduct bookings, request quotes, VGM and submit shipping instructions. These details may require details such as shipper, consignee, notify parties, invoice company, responsible party, signature, and forwarder which may contain Personal Information. For more details you may consult mymsc app Privacy Policy or see “Privacy Policy (msccargo.cn)” displayed under the page registration page through Registration (msccargo.cn).

Cookies

Like many other websites, MSC China and its service providers (e.g. Baidu) use cookies to collect information about visitors’ use of the Website. Our Website uses cookies to distinguish you from other users of our Website.

Cookies are small text files assigned to your browser to collect internet log on and visitor tracking information (including IP address, browsing history, and geolocation data, where and as allowed by applicable law).

The information is used to track visitor use of the Website to compile statistical reports on Website activity. This helps us to provide you with a positive experience when you browse our Website and also allows us to improve our Website. We also may use cookies to provide you with information on products or services that may be of interest to you, where and as allowed by law. You may delete cookie files from the device you use to access our Website at any time by clicking on the Privacy or History tab typically found on the Settings or Options menu in your internet browser. Please note that in a few cases some of our website features may not function if you remove the cookies from your browser. For detailed information on the cookies, we use and the purposes we use them for, you may consult our Cookie policy.

Uses Made/Purpose of Collection of the Personal Information

We use the information about you for the following business purposes:

To ensure that content from our website is presented in the most effective manner for you and your computer

To notify you about any changes to our website or services

To provide you with our services

To process your requests and inquiries

To send you communications including news, updates, and promotions at your request

To process your online job application

To confirm your identity

To debug, identify, and repair errors that impair existing intended functionality of the Website

To comply with legal obligations and respond to court orders

To prevent or investigate fraud or other unlawful activities, detect security incidents

To protect the security and integrity of the Website

Marketing

We will send you relevant updates, news and promotions about our services via email or SMS, but only if you have previously agreed to receive these communications, which may include marketing communications.

We also like to hear your views to help us improve our Services, so we may contact you with questionnaires. You always have the choice about whether to take part in our questionnaires.

Opting out of Marketing Activity

You may choose to unsubscribe at any time from such communications by either clicking the unsubscribe link, or the link to edit your email preferences in the footer of the email you receive, or by following the opt-out options at the end of the SMS you receive. You may also email our marketing department directly at:data.protection@msc.com

When an opt-out request is made, your details are marked in our database with an unsubscribe ‘flag’ so that you do not receive further direct marketing from us. If we know your postal address, it will be added to a suppression list to be excluded from any future posted direct marketing. Opt-out requests exclude any non-marketing communications that we deliver (by email, post, phone calls, SMS, or other means) that are related to you as our customer or any other the previous consents that you have signed with us (e.g. Shipping updates, Career updates, Promotional updates…).

Remarketing

Remarketing consists of creating personalized ad campaigns for those users who have already visited our websites or registered for our newsletter services by previously consenting to this purpose.

We use third party vendors to design and run advertising campaigns on online platforms. Third party vendors, including Baidu, show our ads on sites across the internet by using cookies to generate ads based on your past visits to our Website (Baidu Analytics). These advertising campaigns may appear on your phone or device to show information about MSC’s products and services.

For more information click here: Baidu Statement of Privacy Protection | Baidu Inc
If you want to permanently opt out of Baidu or any vendor cookies, you will need to modify your preferences in the cookies settings or delete, block or disable cookies via your web browser settings. Please check out our Cookie Policy Here for more information.

Do-Not-Track Disclosure and Third-Party Tracking

Certain mechanisms may allow you to send web browser signals, known as “Do Not Track” (“DNT”) signals, indicating your choice to disable tracking on the Website. We do not respond to browser do not track signals at this time. We may not be aware of or able to honour and respond to every such mechanism. More information about “do not track” is available at www.allaboutdnt.org.

Social Media

MSC Group may engage with customers or prospective customers through social media channels, however no personal information is collected by us through these channels, unless explicit consent is provided by you.

Information We Collect from Other Sources

From time to time, we may obtain information about you from third-party sources and third-party data providers. We make our best efforts to ensure such third parties are legally and contractually permitted to disclose such information to us, and we will also request such third parties under or assume a strict and high confidentiality duties. Examples of the information we receive from other sources include demographic information, device information, location, and online behavioural data (such as information about use of other websites, page view information, search results and links). We use this information, alone or in combination with other information (including Personal Information) we collect, to enhance our ability to provide relevant marketing and content to you and to develop and provide you with more relevant updates, news, promotions, features and services.

Not Selling Personal Information

We will not sell and have never sold the Personal Information we collect through this Website.

How Personal Information Is Secured and Retained

Personal Information will be collected and stored in good faith, in a proportionate manner, for the business purposes indicated above. In order to protect Personal Information, we have implemented state-of-the-art technical and organizational measures to prevent unauthorized access to, disclosure, use, modification, damage or loss of data. We will retain your Personal Information for no longer than is necessary to fulfil the business purposes for which it was collected, unless the extended retention is required or allowed by laws and administrative regulations. The precise period will depend on the reason why it was collected. After the retention time is exceeded, we will delete and/or anonymize your Personal Information in the system and records. Those periods are also based on the requirements of applicable data protection laws, regulations and regulatory requirements and periods relating to the commencement of legal actions.

Should an unfortunate Personal Information security incident incurred, we will timely inform you in accordance with the requirements of laws and regulations: the basic situation and possible impact of the security incident, the disposal measures we have taken or will take, the suggestions you can independently prevent and reduce the risk, and the remedial measures for you. We will inform you of the relevant information of the incident by email, telephone, etc. When it is difficult to inform individuals one by one, we will take a reasonable and effective way to make an announcement. At the same time, we will also actively report the disposal of Personal Information security incident in accordance with the requirements of regulatory authorities.

Disclosure of the Information

We may disclose your Personal Information to our group company MSC Mediterranean Shipping Company S.A. (registered in Switzerland, the address is 12-14 Chemin Rieu 1208, Geneva) (hereinafter referred to as "MSC Group") and MSC Group’s agents worldwide or to third parties who act on our behalf, such as our website analytics provider. This is done in order to process the Personal Information for the business purposes outlined above. Such third parties, or agents are contractually bound to comply with similar and equally stringent undertakings of privacy, security, and confidentiality.

We may also disclose your Personal Information to a third party if necessary to fulfil a request you have made or transaction you have initiated, or if we are required to do so because of an applicable law, or governmental regulation, or, or where it is necessary for the response to a public health emergency, or for the protection of the life, health and property safety of a natural person in an emergency (if it is unable to timely inform the individual concerned in an emergency for the purpose of protecting the life, health and property safety of natural persons, we will timely inform the individual after the elimination of the emergency. In case of any foreign judicial or law enforcement authorities request us to provide your personal information stored within the territory of China based on their issued court order, judicial decision, arbitral awards or to support their any criminal or legal investigation or proceedings, we will only provide such personal information to them upon obtaining the approval of the competent authorities of China.

Unless required by laws and regulations or obtained your separate consent, we will not publicly disclose your Personal Information.

Cross-Border Data Transfer

Your Personal Information will be stored in the Peoples Republic of China. As a member of MSC Group, for the business purposes described above, the Personal Information submitted to us may be transferred to MSC Group and/or MSC Group’s affiliated companies and agents in other countries/regions outside of China Mainland for processing, including but not limited to Switzerland or might be transmitted to or accessed from a jurisdiction outside of the country/region where your services are located for processing.

We will comply with the requirements of relevant laws and regulations on cross-border data transfer and take necessary measures to protect your Personal Information. If there are clear mechanisms for cross-border data transfer compliance paths (“CBDT Compliance Paths”) under applicable laws and regulations, based on different personal information situations, we will conduct CBDT Compliance Paths by going through either obtaining security assessment approval with the competent authority, or filling the signed Standard Contractual Clauses with the competent authority or acquiring Personal Information Certification for the cross-border transfer of Personal Information and decide whether to continue the cross-border transfer of your Personal Information and whether to take additional protective measures in accordance with applicable laws and regulations.

Security and Privacy

MSC China takes every precaution to protect the confidentiality and security of the Personal Information of Website visitors or registered users by implementing industry-standard security safeguards, such as firewalls, or SSL certification coupled with carefully developed security procedures by our IT department. These measures are designed to protect visitors and registered users' information from loss, misuse or unauthorised alteration. Using physical, electronic and procedural safeguards, we restrict access to Personal Information to employees on a “need-to-know” basis for business purposes and based on relevant access control measures.

Links

Our Website may, from time to time, contain links to and from websites of our partners’ networks, advertisers and affiliates. 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 these policies. Please check these policies before you submit any Personal Information to the websites. MSC China does not endorse or make any representations about third-party websites. Any Personal Information you choose to give to unrelated Third Parties is not covered by this Privacy Policy. If you have any questions or concerns about third-party websites, we are advising you to consult the respective privacy policies of these third-party website for more detailed information.

Children And Vulnerable Person

Persons that don't have a legally age recognized as adults, are not permitted to open a MSC Account and operate any of the functionalities that the app can provide. We ask that persons under that legal range do not submit any personal information to us or use our services. If you are a parent or guardian and you are aware that your child has provided us with Personal Information, please contact us. If we become aware that we have collected Personal Information from children without verification of parental’s or guardian’s consent, we take steps to remove that Personal Information from our servers.

A "vulnerable person" means a natural person who has the capacity to make his or her own decisions but who, because of individual circumstances, may require assistance to do so (for example, visually impaired); and/or has limited capacity to make his or her own decisions and who requires assistance to do so (for example, persons with intellectual disabilities or mental health difficulties).

Vulnerable Persons should contact us at support@msc.com before registering for an account with us or have their guardian or attorney contact us.

Contact

You have the following rights in Personal Information processing activities:

Right to know

Right to make decision

Right of access

Right to review and copy

Right to correction

Right to erasure

Right of Personal Information portability

Right to restriction or refusal of processing

Right to object

Withdrawal of consent

Ask for an explanation of Personal Information processing rules

Deactivate account (Remember that once you delete your profile, you won't be able to get it back. You'll lose all the data and content in that account, like messages, record services, Booking history…)

If you want to exercise the above rights, please fill out the Personal Data Request Form (https://www.msccargo.cn/en/personal-data-request), or please contact us in the following ways:

Mediterranean Shipping Company (Shanghai) Limited Data Protection Team or Data Protection Coordinator E-mail Address: CN177-data.protection@msc.com
If you contact us about any of the above rights, unless otherwise stipulated by laws and regulations, we will reply within 15 working days. If we need more time to process your request, we will notify you 15 days in advance.

Changes

We may revise this Privacy Policy at any time by amending this page and changes will be effective upon being posted unless we advise otherwise. If we make any material changes to this Privacy Policy, we will notify you by means of a notice on our website prior to the change becoming effective. Before continuing to use the Website after changes are made to this Privacy Policy, please be sure to read and agree to such changes. We encourage you to check this page from time to time to take notice of any changes we make. If you do not accept the terms of this Privacy Policy, you can still browse the content of this Website, but the business purpose under this Privacy Policy that requires the collection of necessary Personal Information will not be achieved.

The Privacy Policy published on our website is kept up to date.

In case of inconsistency or difference between this Privacy Policy and other data protection notices or policies MSC Group may provide from time to time, the content of this Privacy Policy shall prevail, notably when it comes to privacy and personal information processing carried out by MSC China via the Website.

If you are a resident of California or a resident or citizen of the European Union, if you want to know your specific rights, please see below:

Notice to California Residents

The California Consumer Privacy Act (“CCPA”) as amended by the California Privacy Rights Act of 2020 ('CPRA') provides California residents with certain rights regarding their Personal Information.

California User Rights

Right to Know and Access Personal Information Collected, Disclosed, or Sold

California residents may have the right to request that a business that collects Personal Information disclose the following: 1) categories of Personal Information collected about you within the past 12 months, as well as the related purposes for collection and the sources of the Personal Information; 2) specific pieces of Personal Information about you collected within the past 12 months; and 3) categories of Personal Information about you disclosed for a business purpose within the past 12 months.

You may make a verifiable consumer request for access or data portability from us twice within a 12-month period, free of charge.

Right to Request Deletion of Personal Information

California residents may have the right to request that a business that collects Personal Information about you delete that Personal Information, unless an exception in the CCPA applies. If MSC Group cannot grant your deletion request, we will specify the basis for denial.

Right to Opt-Out of Sale of Personal Information

As noted above, we will not sell and have not sold within the past 12 months the Personal Information we collect through this Website.

Right to Non-Discrimination

MSC Group will not discriminate against you for exercising any of your rights under the CCPA.

How to Exercise Your Rights

If you have the rights described above, you may exercise those rights by submitting a verifiable consumer request to us by filling out this form or by contacting us by phone +1 212 764 4800. Only you or an authorized agent (as described below) may make a verifiable consumer request related to your Personal Information.

How to Authorize an Agent

An authorized agent may submit a request on your behalf, but only if the authorized agent also submits your written permission and a copy of the agent’s registration with the California Secretary of State.

How We Verify Your Request

To respond to your request under the CCPA we must verify your identity or the authority of your authorized agent to make the request. Making a verifiable consumer request does not require you to create an account with us.

To allow us to verify your consumer request, please include the following information: name, address, phone number and email address. We will verify your consumer request by comparing the information you provide, with information already in our possession, and taking additional steps to minimize the risk of fraud, including asking for your identification document.

If you make contact with us in regards to any of the rights outlined above, we will respond within 30 days. If we require additional time to process your request, we will notify you within these first 30 days.

Notice on Liability in the United States of America

As mentioned above, we ensure a high level of security in order to protect your Personal Information. To the maximum extent allowed by applicable law, citizens of the United States agree and acknowledge that MSC Group will not be liable or responsible if any Personal Information about you is intercepted, accessed, and/or used by an unintended recipient. If you have reason to believe that the security of your communications or Personal Information has been compromised, please notify us immediately using the contact information above.

Notice to Users Within the European Union

When you use the Website, we collect, store, use and otherwise process your Personal Information as described in this Privacy Policy.

LEGAL BASIS FOR PROCESSING YOUR PERSONAL INFORMATION

We rely on a number of legal grounds to process your Personal Information, including where:

necessary for our legitimate interests in providing and improving the Website including offering you content and advertising that may be of interest to you;

(necessary for our legitimate interest in keeping our Website safe and secure;

necessary for the legitimate interests of our service providers and partners;

necessary to perform our contractual obligations in the MSC Group Terms & Conditions;

you have consented to the processing of your Personal Information, which you can revoke at any time (however a revocation does not affect the lawfulness of the processing of your Personal Information that occurred prior to the date of revocation);

necessary to comply with a legal obligation such as a law, regulation, search warrant, subpoena or court order or to exercise or defend legal claims; and

necessary to protect your vital interests, or those of others.

TRANSFER OF PERSONAL INFORMATION TO OUTSIDE OF THE EEA

Any transfer of your Personal Information to an area outside of the EEA considered a non-adequate jurisdiction will only be made where appropriate safeguards have been put in place.

UE RESIDENTS’ USER RIGHTS

i. UE residents have the right to: Access the Personal Information we have about you;

ii. Have your Personal Information provided to you in a structured, commonly used and machine-readable format;

iii. Have your Personal Information corrected, restricted or deleted;

iv. Under certain circumstances, you can object to the processing of your Personal Information, and we will discontinue such processing unless we have compelling legitimate grounds to continue;

v. Withdraw the consent you previously provided (a withdrawal does not affect the lawfulness of the processing that occurred prior to the date of withdrawal); or

vi. Lodge a complaint with your local supervisory authority.

If you wish to inquire as to whether we maintain any Personal Information about you, and you wish to exercise any of the rights that are available to you with respect to such Personal Information, please contact us by filling the Personal Data Request Form available H ere. In all cases we shall endeavour to respond to your request within 30 days. If we require more time to process your request, we shall inform you.

To allow us to verify your request, please include the following information: name, address, phone number, email address and a piece of identification.