Update 6 March 2020 (v03)
“Personal Data” is information that can be used to identify you, directly or indirectly, alone or together with other information. Powerzeek uses your personal data to provide you with the services you request through the website and platform in order to perform our contractual obligations in relation to those services, to keep in touch with you, to provide you with information about the products you trade and manage your account. We may also use your personal information to market our products and services to people like you. We will notify you separately if we process your personal data for any other purpose and, if required, ask for your consent. You will learn about the data Powerzeek collects, how Powerzeek uses it, the controls Powerzeek gives you over your information, and the measures Powerzeek takes to keep it safe. Powerzeek is the controller for any processing of your Personal Data as a user of the Powerzeek service and/or Powerzeek Platform (hereinafter “Powerzeek Service”). Powerzeek is not a fuel buyer or fuel seller, and no interpretation of the written or oral remarks in any agreement shall imply that Powerzeek is subject to regulatory or legal requirements and/or liabilities of a fuel seller or fuel buyer. Powerzeek has no responsibility for any trade or supply of fuel services provided to any power or seller. However, in terms of handling your privacy, Powerzeek is the responsible controller for defining the purposes for processing your personal data and for complying with current data protection legislation. The address and contact details to Powerzeek can be found at the end of the policy document.
When you sign up for and use the Powerzeek Service, Powerzeek collects the following types of information:
When you sign up for the Powerzeek Service orm, some information is required to create an account, including:
first and last name
You may also choose to voluntarily provide Powerzeek with other types of information, such as a profile photo etc.
1.3 Usage and Platform information
The Powerzeek Service may collect data measuring a variety of metrics such as:
date and time of use
information from trades
geographical location and/or GPS location data
asset data such as name and information on ships, terminals etc
delivery data such as fuel preference, volume, date, geographical location
legal terms such as terms and conditions, Incoterms
financial data such as price for purchased or sold fuel, credit terms, currency
Some of these metrics/data will not be considered Personal Data covered by the GDPR. However, when Powerzeek collects and uses data that is regarded as Personal data, the legal basis for processing such data is the Terms of Service contract where processing such data is necessary to perform the Powerzeek services, cf. GDPR Art. 6 (1) (b).
1.4 Analytics and advertising services provided by others
Powerzeek works with a.o the following partners to gather analytical data and deliver advertising services: Google Analytics, Facebook, LinkedIn, Instagram, Siteground, WordPress, Mailchimp.
Read more about the relevant third party service providers’ routines for handling personal data by following the links in the list of names.
Cookies give Powerzeek insight into the visitors’ usage patterns, as well as how many visitors have visited the site. Cookies are categorized as Personal Data under the GDPR, even though the data is anonymous.
Service development: Cookies help Powerzeek keep track of the use of the digital services. Powerzeek uses this information to improve the services. Powerzeek receives information about which websites are visited the most, if the user comes from a link outside the website, if they click on, and how long the users (anonymized) stay on the website. Powerzeek also monitors how far the user scrolls down the page, and where the user points and clicks.
Marketing Targeting: Using cookies, Powerzeek can also collect generic information that can be used to create marketing campaign audiences. This information is not descriptive enough to identify individuals.
The legal basis for processing your Personal Data as described in this section is GDPR Art. 6 (1) (f), which allows Powerzeek to process information that is necessary to safeguard a legitimate interest that weighs heavier than that of the individual’s privacy. The legitimate interest is to get services on the website and/or the platform to work.
- HOW POWERZEEK USES INFORMATION
Powerzeek uses the information collected for the following purposes:
Powerzeek uses the information collected to create and manage your account, as well as provide the Powerzeek platform.
The legal basis for processing your Personal Data as described in this section is that it is necessary for the performance of the services and to fulfil obligations in accordance with the Terms and Conditions, cf. GDPR Art. 6 (1) (b).
In order to provide the Powerzeek Service, Powerzeek uses payment information, mentioned in section 1.2, to complete your transactions. Your account information is used for order management and billing.
The legal basis for processing your Personal Data as described in this section is that it is necessary for the performance of the Powerzeek Service and to fulfil obligations in accordance with the Powerzeek Terms and Conditions, cf. GDPR Art. 6 (1) (b).
Powerzeek uses your information when you send service notifications or feedback, in order to respond to your inquiries and provide you with customer service. Powerzeek may also use your information to promote new features or service related to the Powerzeek service and/or platform.
When you communicate with Powerzeek or sign up for promotional materials, the legal basis for the processing of such data is legitimate interest, cf. GDPR Art. 6 (1) (f), and Powerzeek’s legitimate interest is to provide you with promotional messages. Where Powerzeek is required under applicable local law to obtain your consent for sending you marketing information, the legal basis is your consent, GDPR Art. 6(1) (a).
Powerzeek only shares your personal information in the following circumstances:
3.1 For legal reasons or to prevent harm
Powerzeek may preserve or disclose information about you to comply with law, regulations, government/law enforcement investigation, to assert legal rights, defend against legal claims or other legal requirements. Powerzeek may also disclose information to assist in the prevention or detection of crime or to protect the safety of any person.
When Powerzeek investigates suspected illegal or wrongful activity, processing of Personal Data is done on the legal basis of legitimate interest, GDPR Art. 6 (1) (f), and the legitimate interest is to ensure compliance with legal requirements and law enforcement requests and for public safety purposes.
If Powerzeek AS becomes involved, whether in whole or in part, in a merger, sale, acquisition, divestiture, restructuring, reorganization, dissolution, bankruptcy or other change of ownership or control, Powerzeek may transfer your information.
When Powerzeek processes or shares Personal Data in the event of an actual or contemplated sale, processing such data is in Powerzeek’s legitimate interest in offering, maintaining, providing, and improving the services, GDPR Art. 6 (1) (f).
3.2 With reliable third parties
Powerzeek AS may choose to commercialize the Personal Data obtained through the Powerzeek service and/or platform. Powerzeek may therefore share Personal Data with reliable and approved third parties who may process users Personal Data, with the relevant third parties having controller responsibility. Powerzeek will still ensure the safety and privacy of such data while it is inside the company.
When Powerzeek discloses Personal Data to the mentioned third parties, Powerzeek does this on based on your acceptance of the Terms of Service Contract, GDPR Art. 6 (1) (b).
Powerzeek takes steps to keep your Personal Data accurate and up to date. To exercise the rights to your Personal Data, please contact Powerzeek at the address listed below. Powerzeek will respond to reasonable requests as soon as practicable, and in any event, within the time limits prescribed by law.
If you reside in the EU/EEA, you have the following rights:
Right of access to your Personal Data (GDPR Art. 15): You have the right to ask for confirmation on whether Powerzeek AS is processing your Personal Data, and access to the Personal Data and related information on that processing (e.g., the purposes of the processing, or the categories of Personal Data involved).
Right to correction (GDPR Art. 16): You have the right to have your Personal Data corrected, as permitted by law.
Right to erasure (GDPR Art. 17): You have the right to ask for the deletion your Personal Data, as permitted by law. This right may be exercised among other things: (i) when your Personal Data is no longer necessary for the purposes for which it was collected or otherwise processed; (ii) when you withdraw consent on which processing is based according to GDPR Art. 6 (1) (a) or Art. 9 (2) (a) and where there is no other legal ground for processing; (iii) when you object to processing pursuant to GDPR Art. 21 (1) and there are no overriding legitimate grounds for the processing, or when you object to the processing pursuant to GDPR Art. 21 (2); or, (iv) when your Personal Data has been unlawfully processed.
Right to restriction of processing (GDPR Art. 18): You have the right to request the limiting of the processing under limited circumstances.
Right to data portability (GDPR Art. 20): You have the right to receive the Personal Data that you have provided to Powerzeek, in a structured, commonly used and machine-readable format, and you have the right to transmit that information to another controller, including having it transmitted directly, where technically feasible.
Right to object (GDPR Art. 21): You have the right to object to the processing of your Personal Data, as permitted by law. This right is limited to processing based on GDPR Art. 6 (1) (e) or (f), and includes profiling based on those provisions, and processing for direct marketing purposes. After which, Powerzeek will no longer process your Personal Data unless it can be demonstrated compelling legitimate grounds for the processing that override your interests, rights and freedoms or for the establishment, exercise or defense of legal claims.
- HOW POWERZEEK PROTECTS YOUR INFORMATION
Powerzeek works hard to protect your personal information from unauthorized access, disclosure or destruction. As with all technology companies, although Powerzeek takes steps to secure your information, Powerzeek does not promise, and you should not expect, that your personal information will always remain secure.
Powerzeek regularly monitors the Powerzeek service and/or platform for possible vulnerabilities and attacks and regularly review the information collection, storage and processing practices to update Powerzeek’s physical, technical and organizational security measures.
Powerzeek may suspend your use of all or part of the services without notice if there is reason to suspect any breach of security. If you believe that your account or information is no longer secure, please notify Powerzeek immediately.
- HOW LONG POWERZEEK RETAINS YOUR INFORMATION
Powerzeek keeps your personal information only as long as it is needed for legitimate business purposes or for providing the Powerzeek service and/or platform, and as permitted by applicable law.
In practice, Powerzeek deletes or anonymize your information upon deletion of your account (following a safety retention window of three months), unless:
it must be kept to comply with applicable law
there is an issue, claim or dispute requiring Powerzeek to keep the relevant information until it is resolved; or
it is necessary to keep the information for Powerzeek’s legitimate business interests, such as fraud prevention and enhancing users’ safety and security. For example, information may need to be kept to prevent a user who was banned for unsafe behavior or security incidents from opening a new account.
- CROSS-BORDER DATA TRANSFERS
Sharing of information laid out in Section 6 sometimes involves cross-border data transfers, for instance to the United States of America and other jurisdictions, or vice versa. As an example, where the service allows for users to be located in the European Economic Area (“EEA”), their personal information is transferred to countries outside of the EEA. Powerzeek uses standard contract clauses approved by the European Commission or other suitable safeguard to permit unlegitimate data transfers from the EEA to other countries. Standard contractual clauses are commitments between companies transferring personal data, binding them to protect the privacy and security of your data.
- HOW TO CONTACT POWERZEEK
In case of questions about the processing of your Personal Data please contact Powerzeek at email@example.com
You are encouraged to contact Powerzeek directly if you have concerns regarding the processing of Personal Data. Nevertheless, you have the right to lodge a complaint with a competent data protection supervisory authority (“DATATILSYNET” in Norway) if you consider that the processing of Personal Data relating to you infringes applicable data protection laws.