Ports America
Privacy Policy

PORTS AMERICA PRIVACY NOTICE

Scope and Purpose
This Privacy Notice explains how Ports America, Inc. and its owned and controlled subsidiaries (collectively "Ports America", the "Company", "we", "us", "our") collect, use, disclose, and otherwise process personal information. This Privacy Notice applies to personal information collected through various means to include through websites operated by Ports America, its subsidiaries, and affiliates including, without limitation:

This Privacy Notice does not address our privacy practices relating to Ports America job applicants, employees and other employment-related individuals. It also does not address data that is not subject to applicable data protection laws (such as deidentified or publicly available information). This Privacy Notice is also not a contract and does not create any legal rights or obligations not otherwise provided by law.

As used herein, the terms "you", "your" and "yours" refer to the user or registered user using this Website. The terms "Ports America", "we", "us" and "our" refer to Ports America, Inc. and its related or affiliated companies.

Our Collection and Use of Personal information

The categories of personal information we collect depend on how you interact with us and our services. For example, you may provide your personal information directly when you contact us to discuss a potential business relationship, or we may collect personal information automatically when you interact with our websites and other services. We may also collect personal information from other sources and third parties as described below.

Personal Information CollectedPurposes for Use of Personal Information
Identifiers and contact information

Names, addresses, telephone numbers, email addresses and other similar contact information and identifiers

  • Fulfill your request or transaction and communicate with you directly
  • Facilitate the relationship we have with you and, where applicable, the company you represent
  • Request you provide us feedback about our product and service offerings
  • Address inquiries or complaints made by or about an individual in connection with our products or services
  • Create and maintain accounts for our users
  • Carry out our obligations and enforce our rights arising from any contracts entered into between you and us, including for billing and collection
  • Defend, protect, or enforce our rights or applicable contracts and agreements, as well as resolve disputes, carry out our obligations and enforce our rights, and protect our business interests and the interests and rights of third parties
  • Facilitate business transactions and reorganizations impacting the structure of our business
  • Comply with contractual and legal obligations and requirements
Audio and visual recordings

Collected during certain team meetings, training sessions, media events, or through video cameras installed at company sites and maintained as part of company records

  • Enable personnel to review recordings in connection with the performance of their job functions
  • Monitor and oversee safety, security, and other Company operations as required by applicable law, regulation, or Company policy
  • Maintain necessary business records
  • Comply with contractual and legal obligations and requirements

Information automatically collected by our Website through cookies, flash cookies, web beacons, and other tracking technologies ("cookies")

Details of your visits to our Website, including traffic data, location data, logs, and other communication data and the resources that you access and use on the Website

Information about your computer and internet connection, including your IP address, operating system, and browser type

Security information such as account usernames and passwords

E-mail addresses of those who communicate with us via e-mail

Your navigation through the Website or Client Access Websites

Aggregate information about what pages on our site you visit or access

Additional information regarding our use of cookies is available at this link.

  • Estimate our audience size and usage patterns
  • Store information about your preferences so we can customize our Website according to your interests
  • Facilitate the efficient and secure use of the Company’s information systems
  • Ensure compliance with Company information systems policies and procedures
  • Present interactive features of our Website
  • Test, enhance, update, and monitor the products and services, or diagnose or fix technology problems
  • Prevent unauthorized access to or use of the Company’s property, including the Company’s information systems, electronic devices, network, and data
  • Recognize you when you return to our Website
  • Carry out our obligations and enforce our rights arising from relevant contracts
  • Defend, protect, or enforce our rights or applicable contracts and agreements as well as to resolve disputes, to carry out our obligations and enforce our rights, and to protect our business interests and the interests and rights of third parties
  • Facilitate business transactions and reorganizations impacting the structure of our business
Sensitive personal information

Government identification numbers (passports, driver's licenses, or state identification cards), citizenship information

  • Organize and provide access to company facilities in accordance with facility security plans
Geolocation data

Precise, e.g. latitude and longitude coordinates, and imprecise, e.g. zip codes and/or IP addresses information about your location

  • Vehicles operated by the company may be fitted with technologies that track movements while on company facilities
  • Website functionality
  • Fulfill any purpose for which you provide your personal information, or for which you have otherwise consented
Other information you share with the Company

Personal information shared with Ports America on an ad hoc basis

  • Fulfill any purpose for which you provide your personal information, or for which you have otherwise consented
  • Comply with contractual and legal obligations and requirements
Third Party Data Collection on the Website

Some content or applications, including advertisements, on the Website are served by third parties, including advertisers, ad networks and services, content providers, and application providers. These third parties may use cookies (alone or in conjunction with web beacons or other tracking technologies) to collect information about you when you use the Website. The information they collect may be associated with your personal information or they may collect information, including personal information, about your online activities over time and across different websites and other online services. They may use this information for their own purposes in accordance with their own privacy policies, such as to provide you with interest-based (behavioral) advertising or other targeted content, for fraud detection and reporting and may sell that information to other businesses for advertising and other purposes.

The Website at www.portsamerica.com utilizes Google Analytics to aid our understanding of Website usage patterns and for business planning purposes. Additional information about how Google uses information from sites or applications that use Google services can be found at www.google.com/policies/privacy/partners/. You can learn about Google Analytics' currently available opt-outs, including the Google Analytics Browser Add-On here:https://tools.google.com/dlpage/gaoptout/.

To exercise your right to opt-out as it relates to the use of cookies and related technologies on the Website, please click the "Do Not Sell or Share My Personal Information" link in the footer of the Website and adjust your preferences accordingly. If you are visiting our site with the Global Privacy Control enabled, any cookies that constitute sales or are used for targeted advertising should already be turned off automatically in our cookie preference manager. Please note this opt-out tool is website, device, and browser specific, so you will need to change your preferences on each device and browser you use to interact with the specific website you are visiting.

Websites for Ports America subsidiaries and affiliates as described in the "Scope and Purpose" section, to include Client Access Websites, do not utilize Google Analytics or any similar technology or cookies. The only cookies captured on those sites are related to the functionality of the site, and we have not implemented a cookie manager on those sites. Most web browsers automatically accept cookies, but you can usually modify your browser settings to decline cookies if you prefer. However, please note that disabling cookies may affect your ability to access and use certain parts of our websites.

Information We Collect from Third Parties

Our Affiliates: Our products and services are available due to the hard work of our team members across all Ports America entities. Ports America entities receive personal information from other Ports America entities in to facilitate provision of our products and services and for other purposes and uses that are consistent with this Privacy Notice.

Employers: If you interact with our services in connection with your employment, your employer may provide us with personal information about you. For example, we may obtain your contact information from your employer to allow us to communicate with you about your employer's relationship with us.

Other Customers: We may receive your personal information from our other customers. For example, a customer may provide us with your contact information as a part of a referral.

Social Media: When you interact with our services through other social media networks, such as when you follow us or share our content on other social networks, we may receive some information that you permit the social network to share with third parties. The data we receive is dependent upon your privacy settings with the social network, and may include profile information, profile picture, username, and any other information you permit the social network to share with third parties. You should always review and, if necessary, adjust your privacy settings on third-party websites and social media networks and services before sharing information and/or linking or connecting them to other services. We use this information primarily to operate, maintain, and provide to you the features and functionality of our products and services, as well as to communicate directly with you, such as to send you messages about features that may be of interest to you.

Single Sign-On: We may provide you the ability to log in to our services through certain third-party accounts you maintain. When you use these single sign-on protocols to access our services, we do not receive your login credentials for the relevant third-party service. Instead, we receive tokens from the single sign-on protocol to help identify you in our system (such as by your username) and confirm you successfully authenticated through the single sign-on protocol. This information allows us to more easily provide you access to our products and services.

Other Sources: We may also collect personal information about you from other sources, including publicly available sources, third-party data providers, brand partnerships, or through transactions such as mergers and acquisitions.

Inferences: We may generate inferences or predictions about you and your interests and preferences based on the other personal information we collect and the interactions we have with you.

Our Disclosure of Personal Information
While we are not in the business of selling personally identifiable information that we collect or you provide as described in this privacy policy, we may share information:
  • with our affiliates and subsidiaries;
  • with contractors, service providers, and other third parties we use to support our business;
  • with companies that run cookies and other tracking technologies on our website, as further described above;
  • with a buyer or other successor in the event of a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of Ports America’s assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, in which personal information held by Ports America about our Website users is among the assets transferred;
  • to your employer or another company for which you work, e.g., we may provide information to your employer about your usage of our services in connection with your work for them;
  • to protect the security of the Website and Client Access Websites and our rights under our Terms and Conditions of Use;
  • if we believe disclosure is necessary or appropriate to protect the rights, property, or safety of Ports America, our customers, or others, and to protect ourselves against liability; or
  • to comply with any court order, law or in response to legal process, including to respond to subpoenas or any government or regulatory request.
We also may disclose aggregated information about our users and information that does not identify any individual.
Use of Personal Information for Operational Updates

Customers may sign up to receive updates from Ports America via email or text by signing up through our Website and/or a Client Access Website. These updates relate to operational issues such as the status at a particular port or the status of a particular customer’s shipments. These updates are only sent upon Ports America’s receipt of a request from the individual or the individual’s company. Recipients can opt out of these messages at any time by responding to the email or text with a message indicating "stop" or "unsubscribe".

Children’s Personal Information

We do not knowingly collect personal information from children under 16, and our website is not intended for children under 16 years of age. No one under age 16 may provide information to or on the Website. If you are under 16, do not use or provide any information on this Website or through any of its features, register on the Website, make any purchase through the Website, use any of the interactive or public comment features of this Website, or provide any information about yourself to us including your name, address, telephone number, email address, or any screen name or user name you may use.

We will delete any personal information that we are aware was collected or received from a child under 16 without verification of parental consent. If you believe we might have any information from or about a child under 16, please contact us at integrity@portsamerica.com.

Data Security

We have implemented measures designed to secure your personal information from accidental loss and from unauthorized access, use, alteration, and disclosure. However, the safety and security of your information also depends on you. Where we have given you or where you have chosen a password for access to certain parts of our Website, you are responsible for keeping this password confidential. We ask you not to share your password with anyone.

Unfortunately, the transmission of information via the internet is not completely secure. Any transmission of personal information is at your own risk. We are not responsible for circumvention of any privacy settings or security measures contained on the Website.

Third Party Sites and Sponsors

Our services may include links to third-party websites, plug-ins, applications and other services. Except where we post, link to, or expressly adopt or refer to this Privacy Notice, this Privacy Notice does not apply to any personal information practices of third parties. To learn about the personal information practices of third parties, please visit their respective privacy notices.

Retention of Personal Information

We generally retain the personal information we collect about you for no longer than reasonably necessary to fulfil the purposes for which it was collected, and in accordance with our legitimate business interests and applicable law. However, if necessary, we may retain personal information for longer periods of time as required under applicable law or as needed to resolve disputes or protect our legal rights. To determine the appropriate duration of the retention of personal information, we consider the amount, nature, and sensitivity of the personal information, the potential risk of harm from unauthorized use or disclosure of personal information and if we can attain our objectives by other means, as well as our legal, regulatory, tax, accounting, and other applicable obligations.

Once retention of the personal information is no longer reasonably necessary for the purposes outlined above, we will either delete or deidentify the personal information or, if that is not possible (for example, because personal information has been stored in backup archives), we will securely store the personal information and isolate it from further active processing until deletion or deidentification is possible.

Additional Provisions Applicable to Residents of California

California's "Shine the Light" law (Civil Code Section §1798.83) provides certain rights to California residents that have an established business relationship with us regarding the disclosure of some types of personal information to third parties for their direct marketing purposes. It is company policy that we do not disclose personal information to third parties for their direct marketing purposes if a consumer has exercised their right to opt out. To opt out of having your personal information disclosed to third parties for their direct marketing purposes, please contact us by following the instructions under the Contact Us section of this Privacy Notice.

California laws and regulations also confer special privacy rights to residents of the state. A disclosure of our practices and explanation of those rights may be found in the appendix at the end of this Notice.

Changes to the Website Privacy Notice

We may update this Privacy Notice from time to time. When we make changes to this Privacy Notice, we will change the date at the beginning of this Privacy Notice. If we make material changes to this Privacy Notice, we will notify individuals by email to their registered email address, by prominent posting on this website or our other platforms, or through other appropriate communication channels. All changes shall be effective from the date of publication unless otherwise provided.

Contact Us

Please direct any questions or requests connected to this Privacy Notice to integrity@portsamerica.com.

ADDITIONAL CALIFORNIA PRIVACY DISCLOSURES

If you are a resident of the state of California in the United States, the following supplementary disclosures apply to you.

Personal Data Disclosures, Sales and Targeted Advertising

Please note we do not sell the personal data of individuals or share such information for targeted advertising purposes.

Sensitive Personal Data
The following personal data elements we collect may be classified as “sensitive” under certain privacy laws:
  • government ID numbers, including social security number, driver's license number, state identification card number, or passport number;
  • account log-in details;
  • citizenship or immigration status; and
  • precise geolocation data.
We only use or disclose sensitive personal data where reasonably necessary and proportionate for the purposes of providing products and performing services you have requested, verifying and improving the products and services we provide, detecting security incidents, fraud, and other illegal actions, ensuring the physical safety of natural persons, performing services on behalf of the business, or short-term transient use. We only collect and process sensitive personal data without the purpose of inferring characteristics about the relevant individual, and we do not sell sensitive personal data or process or otherwise share sensitive personal data for the purpose of targeted advertising.
Deidentified Information

We may at times receive, or process personal data to create, deidentified information that can no longer reasonably be used to infer information about, or otherwise be linked to, a particular individual or household. Where we maintain deidentified information, we will maintain and use the information in deidentified form and not attempt to reidentify the information except as required or permitted by law.

Automated Decision-Making and Profiling

We do not conduct automated processing of personal data for the purposes of evaluating, analyzing, or predicting an individual's personal aspects in furtherance of decisions that produce legal or similarly significant effects. As a result, we do not provide a right to exercise control over such forms of automated decision-making and profiling.

Your Additional California Privacy Choices
Subject to certain legal limitations and exceptions, you may be able to exercise some or all of the following rights:
  • Right to Know: The right to confirm whether we are processing personal data about you and to obtain certain personalized details about the personal data we have collected about you, including:
    • the categories of personal data collected;
    • the categories of sources of the personal data;
    • the purposes for which the personal data were collected;
    • the categories of personal data disclosed to third parties (if any), and the categories of recipients to whom this personal data were disclosed;
    • the categories of personal data shared for targeted advertising purposes (if any), and the categories of recipients to whom the personal data were disclosed for these purposes; and
    • the categories of personal data sold (if any) and the categories of third parties to whom the personal data were sold.
  • Right to Access & Portability: The right to obtain access to the personal data we have collected about you and, where required by law, the right to obtain a copy of the personal data in a portable and, to the extent technically feasible, readily usable format that allows you to transmit the data to another entity without hindrance.
  • Right to Correction: The right to correct inaccuracies in your personal data, considering the nature of the personal data and the purposes of the processing of the personal data.
  • Right to Deletion: The right to have us delete personal data we maintain about you.
You may also have the right to not receive retaliatory or discriminatory treatment in connection with a request to exercise the above rights. However, the exercise of the rights described above may result in a different price, rate or quality level of product or service where that difference is reasonably related to the impact the right has on our relationship or is otherwise permitted by law.
Submitting Privacy Rights Requests

Please submit a request specifying the right you wish to exercise by sending an email to integrity@portsamerica.com or by calling 800-767-6787.

Before processing your request to exercise certain rights (including the Right to Know, Access & Portability, Correction, and Deletion), we will need to verify your identity and confirm you are a resident of a state that offers the requested right(s). In order to verify your identity, we will generally require the matching of sufficient information you provide us to the information we maintain about you in our systems. As a result, we typically require requests to include first and last name, email address, phone number, state of residency and/or the date of your last transaction with us.

In certain circumstances, we may decline or limit your request, particularly where we are unable to verify your identity or locate your information in our systems, or where you are not a resident of California.

Submitting Authorized Agent Requests

In certain circumstances, you are permitted to use an authorized agent to submit requests on your behalf through the designated methods set forth above where we can verify the authorized agent's authority to act on your behalf. In order to verify the authorized agent's authority, we generally require evidence of either (i) a valid power of attorney or (ii) a signed letter containing your name and contact information, the name and contact information of the authorized agent, and a statement of authorization for the request. Depending on the evidence provided, we may still need to separately reach out to you to confirm the authorized agent has permission to act on your behalf and to verify your identity in connection with the request.

California Categories of Personal Data
California law requires we provide disclosures to you about what personal data we collect by reference to the enumerated categories of personal data set forth within California law. To address this obligation, we have identified the relevant enumerated California personal data category for the personal data described in the Our Collection and Use of Personal Information section of our Privacy Notice below:
  • Identifiers, such as names, addresses, telephone numbers, email addresses and other similar contact information and identifiers.
  • Internet / network information, such as:
    • details of your visits to our Website, including traffic data, location data, logs, and other communication data and the resources that you access and use on the Website;
    • information about your computer and internet connection, including your IP address, operating system, and browser type;
    • security information such as account usernames and passwords;
    • e-mail addresses of those who communicate with us via e-mail;
    • your navigation through the Website or Client Access Websites; and
    • aggregate information about what pages on our site you visit or access.
  • Geolocation data, such as the location of Ports America vehicles and equipment.
  • Sensory information, such as video or audio recordings of meetings, training sessions, or media events.
  • Professional / employment information, such as employer, title, and business contact information.
  • Sensitive personal data, such as government identification numbers (passports, driver's licenses, or state identification cards) and citizenship information.
  • Inferences, such as predictions about you and your interests and preferences based on the other personal information we collect and the interactions we have with you.