In compliance to EU Data Privacy Act – General Data Protection Regulation DSGVO (as of May 25, 2018)
The following text is a translation
Important information about the processing of your personal information by us and your rights under the Data Privacy Act (BDSG): Which data we will process in detail and in what way they are used, depends largely on the services agreed with you.
1. Who is responsible for data processing and who can I contact?
Responsible for the processing of your data is:
• Balikbayan Service EUROPE oHG
• Liegnitzer Str. 7
• 42489 Wülfrath
• Telephone +49 2058 890 9893
2. Which data sources and which information do we use?
We process personal data that we receive from our customers and prospects as part of our business relationship. In particular cases we also process – insofar as necessary for the provision of our service – personal information which we have admissibly acquired from publicly available sources (e.g. commercial and association registers, press, media, Internet etc.) and are allowed to process.
Personal information of customers, prospects and consignees are required to process the order and are stored in our database. These data include u. a. name, complete billing address, telephone and e-mail address. If necessary, the identical data will be collected and stored in addition to the billing address (= freight payer), when different addresses are required for the provision of services (e.g. different pick-up addresses).
Sensitive personal information, such as date of birth, place of birth, gender, nationality, and marital status, credentials (e.g. ID card data) will only be collected for submission to the Philippine Bureau of Customs (BOC) and only if necessary. The storage of this information is temporary. They are deleted on our servers immediately after the arrival of the customer consignments and after clearance by the customs authorities.
3. For what purpose do we process your data (purpose of processing) and what is the legal basis?
We process the aforementioned personal data in accordance with the provisions of the EU General Data Protection Regulation (GDPR) and the Data Privacy Act (BDSG – Bundesdatenschutzgesetz):
a. For the fulfillment of contractual obligations (Article 6 (1) (b) GDPR)
The processing of personal data is solely for the purpose of providing logistics and transport services to the Philippines.
b. In the context of the balance of interests (Article 6 (1) (f) GDPR)
If necessary, we process your data in addition to the actual fulfillment of the contract for the protection of legitimate interests of us or third parties. Examples:
• Assert legal claims and defense in legal disputes
• Measures to ensure domiciliary rights
• Details of the consignor and the packing list issued by him for submission to the Bureau of Customs (BOC) (name and place of residence of consignor)
• The name and full address of the consignee and telephone number, if available.
c. Based on your consent (Article 6 (1) a GDPR)
Insofar as you have given us your consent to the processing of personal information for specific purposes. Your consent can be revoked at any time. This also applies to the revocation of declarations of consent issued prior to the validity of the EU General Data Protection Regulation, i.e. before 25 May 2018. Please note that the revocation only has an effect for future processing. Processing that occurred before the revocation is not affected. You can request a status overview of the consents you have given us at any time.
d. Due to legal requirements (Article 6 paragraph 1 c GDPR) or in the public interest (Article 6 paragraph 1 e GDPR)
Applicable tax laws and other regulations oblige us to completely document or record our business processes. We are obliged to archive the data required to fulfill our services in accordance with statutory regulations.
4. Who gets my data?
Within our company, all persons have access to your data, which they need to fulfill our contractual and legal obligations. Our service providers and vicarious agents may also obtain data for these purposes if they comply with our written data protection directives. These are essentially companies of the following categories:
• Domestic or European wide parcel service providers operating on our behalf (e.g., DHL, DPD, UPS, etc.)
• International freight carriers and shipping companies (e.g. FedEx, UPS, Maersk Line, etc.)
• Transportation service providers operating in the Philippines, which we entrust with the delivery of your shipments.
• Our Philippine customs broker
With regard to the transfer of data to recipients outside of our company, it should be noted that they are required to maintain secrecy about all customer-related facts and assessments from which we obtain knowledge. We may pass personal information only if
• legal requirements require this,
• you have consented
• The commissioned processor mandated by us guarantees compliance with the requirements of the European Data Protection Regulation (GDPR) and the Data Protection Act (BDSG).
Under these conditions, recipients of personal data may, for example, be:
• Financial authorities
• German or European customs authorities
• Customs in the Philippines
5. Will data be transmitted to a third country or to an international organization?
A transfer of data to countries outside the EU or the EEA (so-called third countries) will only take place if this is required for the processing of orders or required by law for order data processing.
6. How long will my data be stored?
We process and store your personal information as long as it is necessary for the fulfillment of our contractual and legal obligations. If the information is no longer required for the fulfillment of contractual or legal obligations, these are deleted on a regular basis if no further processing is required, for example:
• Fulfillment of commercial and tax retention periods: The Commercial Code and tax regulations must be mentioned. The deadlines for storage and documentation are two to ten years
• Preservation of evidence under the statute of limitations. According to §§ 195 ff. Of the Civil Code (BGB), these limitation periods can be up to 30 years, whereby the regular limitation period is three years.
7. What privacy rights do I have?
Every affected person has the right
• Information pursuant to Article 15 GDPR,
• for correction under Article 16 GDPR,
• cancellation according to Article 17 GDPR,
• restriction of processing under Article 18 GDPR,
• opposition to Article 21 GDPR,
• Data transferability under Article 20 GDPR.
With regard to the right to information and the right to erase, the restrictions under §§ 34 and 35 BDSG apply. In addition, there is a right of appeal to a data protection supervisory authority (Article 77 GDPR in conjunction with Section 19 BDSG).
You may revoke your consent to the processing of personal data at any time. This also applies to the revocation of declarations of consent that were given to us prior to the validity of the EU General Data Protection Regulation (GDPR), i.e. before 25 May 2018. Please note that the revocation only applies for the future. Processing that occurred before the revocation is not affected.
8. Is there a duty for me to provide data?
As part of our business relationship, you have to provide the personal information necessary to enter into a business relationship and to fulfill its contractual obligations, or which we are required to collect by law. Without these data, we reject the conclusion and completion of a transportation contract. We will be no longer able to carry out an existing contract and will accordingly terminate it.
9. Up to what extent is there an automated decision-making process (including profiling)?
In principle, we do not practice fully automated decision-making pursuant to Article 22 GDPR to justify and implement the business relationship. If we use these procedures in particular cases, we will inform you separately about this, provided that it is required by law.
10. Information about your right of objection according to Article 21 of the EU General Data Protection Regulation (GDPR) - Case-specific right of objection
You have the right at any time, for reasons arising out of your particular situation, to enter an objection against processing of personal information related to your particular situation pursuant to Article 6 (1) of the GDPR (Data Processing in the Public Interest) and Article 6 (1) of the GDPR (Data processing on the basis of a balance of interests); this also applies to profiling based on this provision within the meaning of Article 4 (4) GDPR.
If you object, we will not process your personal data unless we can provide information compelling legitimate grounds for processing that outweigh your interests, rights and liberties, or the processing is for the purpose of enforcing, pursuing or defending legal claims.