In this document the term “ANL” means ANL Container Line Pty Ltd, ANL Singapore Pte Ltd, CCIS ANL Australia Pty Ltd, CMA CGM Group Agencies (Australia) Pty Ltd, CMA CGM Group (New Zealand) Ltd, ANL Agencies (PNG) Ltd, ANL Timor Unipessoal LDA, CMA CGM Nouvelle Caledonie (Noumea), CMA CGM Papeete, and all of their respective related bodies corporate.
ANL/Oceania Agencies Data Protection Officer
ANL Container Line Pty Ltd
GPO Box 2238
Melbourne Victoria 3001
If you believe we have incorrectly handled your personal information you can lodge a complaint using the above e-mail or address. ANL/Oceania Agencies will review your complaint and attempt to resolve it as a priority. We acknowledge every complaint we receive in writing and we will provide the relevant ANL/Oceania Agencies contact person and a reference number for your complaint. ANL/Oceania Agencies will also keep you updated on the progress of resolving the complaint. We may require you to provide further information about your complaint to fully assess your complaint.
If you are not satisfied with our handling of your complaint you are able to refer your complaint to an external review in your country of residence or business activity. In Australia the regulatory body for privacy issues is the Office of the Australian Information Commissioner (“OAIC”).
OAIC Contact Details
Phone: 1300 363 992
Office of the Australian Information Commissioner
GPO Box 5218
Sydney NSW 2001
In New Zealand, the regulatory body for privacy issues is the Office of the Privacy Commissioner (“OPC”).
OPC Contact Details
Phone: 0800 803 909
Office of the Privacy Commissioner
GPO Box 10 094
What Personal Information does ANL/Oceania Agencies Collect
In order to provide our services to you or your organisation we may collect, use, store and transfer various kinds of your personal information. You are not obliged to supply any of the personal information that we may request; however, if the personal information we request is not provided then we may not be able to provide services to you in the most effective or efficient manner, or at all; or you may not be able to be a service provider to ANL/Oceania Agencies.
We may also collect, use, disclose and transfer your personal information for promoting and/or providing ancillary services either offered by us or our related bodies corporate. The type of information we may collect from or in relation to you includes the following:
- 1Identity information - including your name or other identifier, title, date of birth and gender.
- 2Contact information - including billing address, shipping address, employer details, email address, residential or mailing address, name of individual’s current or last known employer and / or telephone numbers.
- 3Transaction information – your financial information for any purchase of products or services as well as other details about payments and other details of services and products you have purchased from us.
- 4Technical information - including your internet protocol (IP) addresses, login information, browser type and version, time zone setting and location, browser plug-in types and versions, operating system and platform plus the devices you use to access our Apps.
- 5Profile information includes your username and password, purchases or orders made by you, your interests, preferences, feedback and survey responses (if any given).
- 6Usage information - including information about how you use our websites, Apps, products and services.
- 7Marketing and Communications information - including your preferences in receiving marketing from ANL/Oceania Agencies and any third parties (where applicable).
- 8Any other personal information you provide to us in relation to our services.
ANL/Oceania Agencies endeavours to use and disclose your personal information only in limited circumstances. We will do so if it is necessary to protect any copyright or intellectual property in the material in the ANL/Oceania Agencies Apps, or if it is necessary to enforce any ANL/Oceania Agencies website Terms and Conditions of Use, any business arrangement between you and ANL/Oceania Agencies, or to comply with any laws.
Links to Third Parties
ANL/Oceania Agencies website and Apps may include links to third party websites, plug-ins and applications. Clicking on those links or enabling those connections may allow third parties to collect or share information about you. We do not control these third-party websites and we are not responsible for their privacy statements or their compliance with privacy laws. When you leave any of our website and Apps you are encouraged to read the privacy notice of every website you visit.
How does ANL/Oceania Agencies collect your Personal Information
There are a number of ways in which data is collected by ANL including, but not limited to,:
- 1Direct communication. You may give us your ID, contact, profile and marketing and communications information by filling in forms or by corresponding with us by ANL/Oceania Agencies websites, Apps, post, phone, e-mail or otherwise. This includes personal information you provide when you:
a. Purchase ANL services and/or products;
b. Create an account on any ANL/Oceania Agencies Apps;
c. Apply for a job with ANL/Oceania Agencies;
d. Request ANL/Oceania Agencies marketing or newsletters to be sent to you; or e. Give ANL/Oceania Agencies feedback – including complaints
- 3Third parties or publicly available sources. We may receive personal information about you from various third parties including our related bodies corporate, freight forwarders and public sources.
How ANL/Oceania Agencies uses Your Personal Information
Your personal information will be processed fairly, lawfully and in an appropriate way by us. In addition to using your personal information to provide our services to you or your organisation, this information may be used:
- 1Where we need to fulfil the business arrangement we are entering into or has entered into with you.
- 2Where it is necessary for our legitimate interests (if you have purchased a service or product from us).
- 3Where we provide you with any communications from us, for example newsletters and notices.
- 4To verify your identity, respond to your requests, and contact you when necessary.
- 5Where we need to comply with a legal or regulatory obligation.
- 6Where we consider that other services may be of interest to you or provided to you by any company within the CMA CGM Group of companies.
- 7As otherwise permitted by law.
Notwithstanding the above you have the right to withdraw consent to ANL/Oceania Agencies marketing at any time by contacting ANL/Oceania Agencies directly.
ANL/Oceania Agencies may collect your information to provide you with information and material relating to our services and products.
You can unsubscribe from our membership database at any time by contacting your contact person at ANL/Oceania Agencies or the ANL/Oceania Agencies Privacy Officer.
Change of Purpose
ANL/Oceania Agencies will only use your personal information for the purposes for which we collected it - unless we reasonably consider that we need to use it for another reason and that reason is related to the original purpose your personal information was collected for. If you wish to receive an explanation as to how the processing for the new purpose is compatible with the original purpose please contact us.
If we need to use your personal information for an unrelated purpose we will notify you and explain the legal basis which allows us to do so. Please note that we may process your personal information without your knowledge or consent, in compliance with the above rules, where this is required or permitted by law.
Disclosure of your Personal Data
ANL/Oceania Agencies may be required to, or elect to, share your personal information with the parties set out below:
- 1Internal Third Parties - as set out in the Glossary at the end of this Policy.
- 2External Third Parties - as set out in the Glossary at the end of this Policy.
- 3Other third parties to whom ANL may choose to sell, transfer, or merge parts of its business or its assets.
- 4Parties to whom you authorise us to disclose your personal information.
ANL/Oceania Agencies requires all third parties to respect the security of your personal information and to treat it in accordance with all applicable laws. We will only permit third parties to process your personal information for specified purposes and in accordance with our written instructions.
Personal Information Retention
ANL/Oceania Agencies will only keep your personal information for as long as necessary to fulfil the purposes for which it was collected, including for the purposes of satisfying any legal, accounting or reporting requirements.
The appropriate retention period for personal information depends on the amount, nature, and sensitivity of the personal information, the potential risk of harm from unauthorised use or disclosure of your personal information, the purposes for which we process your personal information and whether we can achieve those purposes through other means, and applicable legal requirements.
By law we may have to keep certain basic information about our customers (including contact, identity and transaction data) for six years after they cease being customers for tax or other compliance purposes.
In some circumstances you can ask us to delete your information as set out in the below section on “Your Legal Rights” in which case we will hold the information for a reasonable time after you ask us to delete it.
In some circumstances we may de-identify your personal information (so that it can no longer be associated with you) for research or statistical purposes in which case we may use this information indefinitely without further notice to you.
ANL/Oceania Agencies will take reasonable steps to protect all personal information in which we hold from misuse, loss and from unauthorised access, modification or disclosure.
In some instances we may collect and use your personal information in the European Union (EU) or the UK, or offer goods or services to individuals located in the EU or the UK. When we do so we are regulated under the General Data Protection Regulation (GDPR) which applies across the EU and the UK.
Further, some of our external third parties may be based outside the country where the information is collected or sourced including the EU, the UK and the United States. Whenever we transfer your personal information internationally we ensure a similar degree of protection is afforded to it as in the original source country by ensuring at least one of the following safeguards is implemented:
- 1We may transfer your personal information to an overseas recipient located in countries where we reasonably believe that your personal information will be protected in a way that, overall, is at least substantially similar and comparable to the way in which the Australian Privacy Principle or the New Zealand’s Information Privacy Principle protects the information. This includes, but is not limited to, Singapore, the EU, UK and/or the United States of America; or
- 2Where your information is transferred to a country we reasonably consider does not have the same level of data protection as Australia or New Zealand, we will ensure that your personal information is subject to appropriate safeguards to protect your information (e.g. a legally binding contract containing model privacy clauses); or
- 3Where we use providers based in the US we may transfer data to them if they are part of the Privacy Shield which requires them to provide similar protection to personal information shared between Europe and the US.
ANL/Oceania Agencies has put in place appropriate security measures to prevent your personal information from being accidentally lost, used or accessed in an unauthorised way, altered or disclosed.
In addition, we limit access to your personal information to those employees, agents, contractors and other third parties who have a business need to know. Such persons will only process your personal information on our instructions and they are subject to a duty of confidentiality.
We have put in place procedures to deal with any suspected personal information breach and we will notify you and any applicable regulator of a breach where we are legally required to do so.
The above provisions noted; however, as far as permissible under law, we accept no responsibility for the unauthorized access of personal information held by us.
Your Legal Rights
You should understand the specific legal rights available to you regarding privacy issues in the country in which you are residing; however, most countries’ privacy laws provide some or all of the following rights in respect of privacy of personal information:
- 1Request access to your personal information (commonly known as a “data subject access request”). This enables you to receive a copy of the personal information we hold about you and to check that we are lawfully processing it.
- 2Request correction of the personal information that we hold about you. This enables you to have any incomplete or inaccurate information we hold about you corrected, although we may need to verify the accuracy of the new information you provide to us.
- 3Request erasure of your personal information This enables you to ask us to delete or remove personal information where there is no good reason for us continuing to hold or process it. You also have the right to ask us to delete or remove your personal information where you have successfully exercised your right to object to processing (see below), where we may have processed your information unlawfully or where we are required to erase your personal information to comply with local laws. Note; however, that we may not always be able to comply with your request of erasure for specific legal reasons which will be notified to you, if applicable, at the time of your request.
- 4Object to processing of your personal information. This is where we are relying on a legitimate interest (or those of a third party) and there is something about your particular situation which makes you want to object to processing on this ground as you feel it impacts on your fundamental rights and freedoms. You also have the right to object where we are processing your personal information for direct marketing purposes. In some cases, we may demonstrate that we have compelling legitimate grounds to process your information which overrides your rights and freedoms.
- 5Request restriction of processing of your personal information. This enables you to ask us to suspend the processing of your personal information in the following scenarios:
a. If you want us to establish the information's accuracy;
b. Where our use of the information is unlawful but you do not want us to erase it;
c. Where you need us to hold the information even if we no longer require it as you need it to establish, exercise or defend legal claims; or
d. You have objected to our use of your information but we need to verify whether we have overriding legitimate grounds to use it.
- 6 Request the transfer of your personal information to you or to a third party. We will provide to you, or a third party you have chosen, your personal information in a structured, commonly used, machine-readable format. Note that this right only applies to automated information which you initially provided consent for us to use or where we have used the information to perform a contract with you.
- 7Withdraw consent at any time where we are relying on consent to process your personal information. In this regard; however, this will not affect the lawfulness of any processing carried out before you withdraw your consent. If you withdraw your consent then we may not be able to provide certain products or services to you. We will advise you if this is the case at the time you withdraw your consent.
Generally, we will not charge any fee for making an initial request for the above actions and enquiries about your privacy issues. In some cases; however, we may charge a reasonable fee to cover the costs of compiling the relevant information requested by you – including (but not limited to) administration costs and photocopying costs, etc. If this is the case then we will first provide an estimate of any fees to be charged and you will be asked to confirm in writing your agreement to such fees.
In some circumstances we may refuse to provide you with access to or correct your personal information, including, but not limited to, where:
- Giving access would have an unreasonable impact on the privacy of others,
- The information relates to existing or anticipated legal proceedings,
- Giving access would be unlawful, or
- The request for access is frivolous or vexatious.
If we refuse to give you access we will provide you with an explanation in writing.
Access to ANL/Oceania Agencies e-Business
Access to any of our e-Business websites and Apps provides our customers with the ability to conduct e-commerce transactions. Users of our e-Business websites and Apps must register with the membership database.
We will collect details in the membership database that are relevant to the use of any of our e-Business websites. We will not make membership details available to external parties.
The provision of your personal information is required to enable us to provide you with our services or to contact you for marketing or promotional purposes.
You can ask us to stop sending you marketing or newsletter messages at any time by following the “opt out” links on any marketing message sent to you or by contacting us at any time.
Where you opt out of receiving such messages this will not apply to personal information provided to us as a result of a product or service purchased, or other transactions with us.
It is important that the personal information that we hold about you is accurate. Please keep us informed if your personal information changes so that we can continue to serve you as expected.
To the maximum extent permitted by law we will not be liable for any cost, loss or damage suffered by you through your use of any our Apps or our failure to provide access to any such website, Apps or information updates.
Your use of all of our E-Business, websites and Apps is governed by our websites Terms and Conditions of Use.
In this Policy the term “Third Parties” means:
- 1Companies or organisations that are related entities to us as part of the CMA CGM Group of companies, as well as our worldwide agents, with which we have entered into agency agreements for the agency services in the respective countries.
- 2Service providers, including shared service centres and IT service entities whose servers are based within the EU and US, and who provide IT and system administration services.
- 3Professional advisers acting as processors or joint controllers including: lawyers, bankers, auditors and insurers based in the Australia, New Zealand and Singapore who provide consultancy, banking, legal, insurance and accounting services.
- 4Tax authorities, regulators and other authorities acting as processors or joint controllers, generally based in Australia, New Zealand and Singapore who require reporting of processing activities in certain circumstances.
- 5Organisations providing re-marketing services.