Privacy & Cookie
Policy
Last revised: October 14, 2024
Point Express Inc., together with its affiliates, associates, and partners (“Point Express”, “we”, “us”, or “our”), is a company specialising in providing dispatcher carrier services and related services for customers from the US, based on the concluded separate agreement that regulates conditions of the services provision, services fee to be paid by customers, and the procedure of payments of such fee.
In the course of its business, Point Express collects some information that could be used to identify you. We call this information “personal data”.We control the collection and processing of personal data relating to individuals who interact with us (“data subjects” or “you”). The data subjects may include (without limitation): visitors and users of our website (collectively “users”), and our existing or potential customers, particularly their representatives (collectively “customers”).
By using the Website as well as engaging with us in any way, you agreeto the collection and use of your information in accordance with this Policy. Please read this Policy that explains :
● what personal data we collect;
● how we use, maintain, and otherwise handle your personal data;
● the conditions under which we may discloseyour personal data to others;
● how we keep your personaldata secure; and
● the rights available to you regarding your personal data.
Point Express ensures that this Policy complies with the following US laws: Privacy Act of 1974, Virginia Consumer Data Protection Act, California ConsumerPrivacy Act (as amended by California Privacy Rights Act), Colorado Privacy Act, Utah Consumer Privacy Act, Connecticut Data Privacy Act, and other state data privacy Laws.
Additionally, we assume that in the course of our normal business activities, we may unintentionally receive, store, process, and transfer the personal data of individuals who are not locatedin the United States. However, we guarantee for these people a level of personal data protection and security no lower than that requiredby the legislation of the US.
PERSONAL DATA THAT WE COLLECT
Below is a list of types of personal data that we maycollect and use about you:
● contact details – such as full name, physical address, e-mail address, postaladdress, phone number, and user IDs in messengers and telecommunicationapplications (e.g., Whatsapp);
● information regarding our customer’s representatives – such as the positionat a
company, corporate e-mail address, identification work number (if applicable),etc.
● other information – such as interests and preferences, as well as any otherpersonal data provided by data subjects at their own initiative.
Please note that the specific range of personal data we collect varies on acase-by-case basis and, among other things, depends on how you interact withus.
Moreover, we can collect some amount of information about you (such as yourlanguage preferences, operating system, device settings, etc.) using thecookies and other similar technologies on the Website (please see details inSection “Use of Cookies”).
PERSONAL DATA THAT WE DO NOT INTENTIONALLY COLLECT
Below is a list of types of personal data that we don’tcollect and use about you:
● Sensitive personal data. We do not deal with any sensitive personal data,meaning data that reveals racial or ethnic origin, political opinions,religious or philosophical beliefs, trade union membership, genetic data,biometric data, data concerning health, or data concerning sex, life, or sexualorientation. We do not require such information and ask you to avoid itsdisclosure.
● Personal data of children. We do not knowingly solicit, collect, or processpersonal
data about children. If you are under 18, please do not give us any informationabout yourself. If we find out that we somehow gained access to the personaldata of children, we will delete such data without further delay.
HOW WE COLLECT THE PERSONAL DATA
We receive personal data directly from you when you interactwith us, especially when:
● you visit our website, participate in its interactive features (including andwithout limitation by using the cookies and other similar technologies asfurther explained in Section “Use of cookies” herein below);
● you provide us with your personal data by filling out the inquiry form on the
website;
● you communicate with us on the online meeting;
● you communicate with us on third-party social networks, such as LinkedIn,DOU, etc. (subject to those third-party social networks’ terms of use andprivacy policies as well);
● you request us to provide any other information;
● you contact us for any other purposes; and/or
● you use any of our services.
In general, you are not obliged to provide your personal data to us. However,most probably, we will not manage to fulfill your requests or provide ourservices to you. If you ask, we will advise you whether the provision of yourpersonal data is mandatory in that particular case (and of possibleconsequences if you do not provide us with it).
Please note that we may combine personal data about you collected fromdifferent sources.
HOW WE USE THE PERSONAL DATA
The Point Express may use your personal data for thefollowing purposes:
● To provide, maintain, administer, support, protect, and improve our services,to carry out relevant operations:
○ to handle your inquiries regarding our services and other activitiesspecified
on the website;
○ to communicate with you regarding the provision of our services;
○ to fulfil our legal and contractual obligations and functions related to theprovision of services to you;
○ to organise cooperation under the concluded contract between you and us onthe provision of services;
○ to control the appropriate provision of services under the concluded contractwith you;
● To manage our website, namely by doing the following:
○ allowing users to visit and communicate with us through our website;
○ improving the website operation and enhancing user experience;
○ creating, publishing, and improving content most relevant to users;
○ troubleshooting, investigating, and fixing website-related errors.
● To meet the requirements set forth in domestic and/or international law (forexample: health and safety, taxation, accounting, reporting, anti-moneylaundering laws, etc.) to comply with the court orders and other legitimaterequests of authorised bodies.
● To protect the rights, property, and safety of Point Express and thirdparties (e.g., prevent fraud and other prohibited or illegal activities).
● To communicate with you, pursuing without limitation the following purposes:
○ to respond to your inquiries submitted through our website;
○ to provide customer support;
○ to update your details.
● To respond to your requests for exercising your data subject rights underapplicable data protection laws (you may find more details in Section “Yourrights with respect to personal data”).
● To protect the security or integrity of our website, our business, and ourservices.
LEGAL BASIS FOR PROCESSING OF YOUR PERSONAL DATA
The legal basis upon which we collect, use, store, andotherwise process your personal data will depend on the personal data concernedand the specific purpose for which it is needed.
In general, we rely on one of the following grounds:
● Our legitimate interest in:
○ Keeping our records up to date;
○ The effective delivery of information and services to satisfy your inquiries;
○ The lawful operation and development of our business;
○ Improving the Website and telling you about this;
○ Being efficient about how we fulfil our legal and contractual duties;
○ Complying with rules and guidance from regulators.
You may be assured that we use your personal data in ways that you wouldreasonably expect, and our legitimate interest serves as a legal basis forcollection and processing your personal data only if, and to the extent it doesnot interfere with your rights and freedoms.
● Your explicit consent: in other words, when you allow us to process yourpersonal data for a specific purpose.
● To perform our obligations under a contractual arrangement with you or complywith our legal obligations, including and without limitation:
○ to satisfy any requirement of domestic and/or international law (for example,health and safety, taxation, accounting, reporting, anti-money launderingregulations, etc.);
○ to comply with court orders or other legitimate requests of authorizedbodies;
or to assert and/or defend against legal claims.
Please be assured we will handle your personal data only in line with thepurpose for which it was collected. If at any moment we intend to process yourpersonal data for any other purpose, we will not do this without sending yourespective notification / your prior explicit consent (subject to theexclusions and limitations which may be provided in the provisions of domesticand/or international law).
NOTE: If you share the personal data of any third person with us, you ensurethat you have received freely given, specific, informed, and unambiguousconsent of that person to such transfer and further processing of respectivedata by us, and you may present appropriate evidence of it upon request.
HOW LONG WE KEEP YOUR PERSONAL DATA
To determine the appropriate retention period for yourpersonal data, we consider:
(1) the amount, nature, and sensitivity of the personal data in question;
(2) the potential risk of harm from unauthorised use or disclosure of yourpersonal data;
(3) the purposes for which we process your personal data;
(4) whether we can achieve those purposes through any other means;
(5) the applicable legal requirements.
We do not keep your personal data for any longer than is necessary:
(a) to fulfil the purpose for which we collected it (you may find more detailsin Section “How we use the personal data”);
(b) to comply with domestic and/or international law, or other regulatoryobligations (for instance, accounting or reporting requirements) that apply toour business and the services we provide;
(c) to assert and/or defend against legal claims.
For example:
● we will keep your personal data, collected based on your consent, for theterm you explicitly agreed with;
● we will keep your personal data, collected and processed based on concluded
contracts, for the term of validity of such a contract and some period afterthat, given the terms of particular contractual relationships;
● we will keep your personal data obtained in connection with your inquiry,request
and/or complaint – until the matter of such inquiry, request, and/or complaintis resolved.
Normally, the retention period will not exceed 2 years. However, if it happensso that we are legally required to hold some types of personal data to fulfilour statutory obligations (for instance, taxation, accounting, or reportingpurposes) – then we will hold your personal data in our systems for as long asnecessary for the relevant activity. Moreover, in some cases, we may anonymiseyour personal data (in such a manner that you are not or no longeridentifiable) for research or statistical purposes, in the event that we mayuse this information indefinitely without further notice to you.
We review our personal data retention periods on a regular basis. If you haveany questions about how long we keep your personal data, you may contact us(please see details in Section "Contact" herein below) to clarify allthe questions you have.
YOUR RIGHTS WITH RESPECT TO PERSONAL DATA
As a data subject, you have certain rights under domesticand/or international law in relation to the personal data we hold about you.The processing of your personal data may be subject to US data protectionlegislation, including Privacy Act of 1974, Virginia Consumer Data ProtectionAct, California Consumer Privacy Act (as amended by California Privacy RightsAct), Colorado Privacy Act, Utah Consumer Privacy Act, Connecticut Data PrivacyAct, and other state data privacy Laws.
Right of access
If you ask us, we will confirm whether we are processing your personal dataand, if necessary, provide you with a copy of such personal data (along withother details). There are some limitations and exceptions concerning thisright, for example, where information is legally privileged or if providing youwith the information would reveal any personal data of another person.
Right to data portability
In certain circumstances, you have the right to receive your personal dataprovided by you to us and reuse it elsewhere or send such data to anotherorganisation (or ask us to do so if technically feasible); this is regardingwhere (1) our lawful basis for processing the personal data is consent ornecessity for the performance of our contract with you, and (2) the processingis carried out by automated means.
Right to rectification
You may require us to update or correct any inaccurate personal data orcomplete any incomplete personal data concerning you. If you do, we will takereasonable steps to check the accuracy and correct your personal data. Pleaselet us know if any of your personal data changes so that we can keep itaccurate and up-to-date. If you are entitled to rectification and if we haveshared your personal data with others, we will let them know about therectification where possible. If you ask us where it is possible and lawful forus to do so, we will also tell you who we have shared your personal data withso that you can contact them directly. Also, note that we are not required tonotify third parties to whom your personal data has been disclosed of anyrectification when such notification involves an unreasonable burden ordisproportionate effort.
Withdrawal of consent (right to opt-out)
If we rely on your explicit consent as our legal basis or any other legal basismentioned in this Policy for processing your personal data, you have the rightto withdraw that consent or to opt out of data processing (unless we have aseparate legitimate ground for further processing) at any time by contacting us(please see details in Section “Contacts” herein below). It will not affect thelawfulness of processing before you decide to opt-out or withdraw your consent.
Right to object
You can ask us to stop processing your personal data, and we will abide so ifwe are:
● relying on our legitimate interest to process your personal data, except ifwe can demonstrate other compelling legal grounds for the processing; or
● processing your personal data for direct marketing purposes.
Right to erasure
You can ask us to delete your personal data in some circumstances, forinstance, if you withdraw your consent (where applicable). For situationswhere, in accordance with the provisions of domestic and/or international law,we fulfil your request, we will delete your personal data without undue delay.If you are entitled to erasure and if we have shared your personal data withothers, we will let them know about the erasure where possible. If you ask uswhere it is possible and lawful for us to do so, we will also tell you who wehave shared your personal data with so that you can contact them directly.Also, note that the we are not required to notify third parties to whom yourpersonal data has been disclosed of any deletion when such notificationinvolves a disproportionate effort or unreasonable burden.
Right to restriction of processing
You can ask us to ‘block’ or suppress the processing of your personal data incertain circumstances (such as where you contest the accuracy of that data oryou object to us), so that we no longer process that personal data until thatrestriction is lifted. If you are entitled to restriction and if we have sharedyour personal data with others, we will let them know about the restrictionwhere it is possible for us to do so. If you ask us where it is possible andlawful for us to do so, we will also tell you who we have shared your personaldata with so that you can contact them directly.
Rights in relation to automated individual decision-making, including profiling
You have the right to be free from decisions based solely on automatedprocessing of your personal data, including profiling, unless these arenecessary for entering into, or the performance of, a contract between you andus, or unless we do so based on your explicit consent (still such consent canbe withdrawn as described in Subsection “Withdrawal of consent”).
This is why we normally request your consent before analysing your personaldata (on our own or via our providers) to build individual profiles. These profilesmay be used to discover your interests and display targeted advertisementsonline. The aim is to provide you with offers that are relevant and interestingfor you. The profiling is based on interaction with our website, e-mails, andcontent. As we will not collect your name and other important personal data,such as your addresses or bank details, in the course of such profiling, weexpect that such profiling will have no further impact other than providing youwith a more pleasant user experience when surfing the Internet. We will make noautomated decisions that would result in legal effects or similarlysignificantly affect you.
Right to file a complaint
If you have a concern with respect to the way we process your personal data,you can report it to the relevant supervisory authority (please see details inSection “Complaints” herein below).
Please note that these rights are not absolute and, in certain cases, aresubject to conditions as specified in the provisions of domestic and/orinternational law. For instance, it may happen if we have an overridinginterest or legal obligation to continue to process your personal data.
You can exercise the above rights, where applicable, by contacting us directly(please see details in Section “Contacts”). We will respond to your requestwithin the statutory period and typically seek to resolve the matter within onemonth. We will require you to provide satisfactory proof of your identity inorder to ensure that your personal data is disclosed only to you.
While we will make reasonable efforts to accommodate your request, we reservethe right to reject such access requests or to impose restrictions orrequirements upon such requests if required or permitted by provisions ofdomestic and/or international law but will explain “why” if we do so.
SHARING AND TRANSFERRING PERSONAL DATA
Please note that your personal data may be processed outsideof the US, particularly in Ukraine. Please be informed that Ukraine is notdetermined by some countries as a country that offers an adequate level of dataprotection, which entails certain risks of losing the protection provided underthe applicable legislation when your personal data is transferred outside ofthe US. Moreover, we may transfer your personal data to other countries.
If it’s required under the applicable legislation, we have in place appropriatecontractual clauses or arrangements implemented in the agreements executed withour customers and third-party service providers in order to provide adequateprotection for the transfer of your personal data.
The Point Express may exchange your personal data with its affiliates,associates, and partners. Moreover, we may share your personal data with ourcustomers and third-party service providers (as described below) where and tothe extent necessary in connection with the purposes described in this Policy.Anyway, you may be assured that we do not share personal data with thirdparties except as:
(a) necessary for our legitimate professional and business needs;
(b) necessary to carry out your requests;
(c) necessary to provide our services to you;
(d) pursuant to your explicit consent;
(e) required or permitted by law; and/or
(f) as otherwise described in this Policy.
Where we believe that processing or other business activities on our behalf orin our interest are better performed by third parties (“Third-party serviceproviders”), we may outsource respective operations to them and, consequently,transfer your personal data to those persons, such as our IT systems providers,website hosting providers, data analysis, data backup, security, and cloudstorage services, consultants and other providers. We only share personal datathat they reasonably need to provide their services and will not transfer yourpersonal data to any third parties for their own direct marketing purposes. Weensure that third-party service providers are authorised to use your personaldata only as necessary to provide services on our behalf or in our interest.
Please note that the storage of your personal data on servers and/or onsoftware made available or hosted by third-party service providers shall not beconsidered a disclosure of your personal data to third parties as far asthird-party service providers do not have direct access to it. In all events,we shall ensure by contract that our third-party service providers protect yourpersonal data that is shared with them.
In an ongoing effort to better understand users of our website, we may analyseanonymous and aggregate information in order to operate, maintain, manage, andimprove our website and/or the services that we render. This aggregateinformation does not identify you personally. We may share this aggregate datawith our customers, third-party service providers, and other persons. We mayalso disclose aggregated user statistics in order to describe our services (orpursue other lawful purposes) to current and prospective business partners,customers, and other persons.
In certain situations, we may be required to disclose your personal data wherewe have a legal necessity or obligation to do so, including to meet therequirements set forth by domestic and/or international law. For instance, wemay disclose your personal data to assert and/or defend against legal claims.
In the event of a sale, merger, receivership, or transfer of all assets of PointExpress, we reserve the right to assign or share your personal data with suchthird parties and their advisors. Please be assured that you will be sentnotice of such an event should it occur with the ability to opt-out of such atransfer unless Point Express and/or such third parties have a separatelegitimate ground for such transfer and further processing of your personaldata.
PERSONAL DATA SECURITY
Point Express has security measures in place to protect theinformation we process (including your personal data), which involvepreventing, detecting, investigating, and resolving security threats, bothduring transmission and once we receive it.
We do our best to protect your personal data, whether in electronic or tangibleform (e.g., hard copy), by sticking to appropriate internal policies and usingstate-of-the-art technical and organisational measures that follow theapplicable requirements for the safe and lawful processing of personal data.
Moreover, we restrict access to your personal data to authorised individualsamong internal personnel, agents, or contractors of Point Express who need toaccess your personal data to perform specific tasks. Your personal data iscontained behind secured networks and is only accessible by a limited number ofpersons who are required to keep the information confidential.
Although we use industry-standard precautions to safeguard your personal data,the transmission of data over the Internet (including by e-mail) is nevercompletely secure. We endeavour to protect personal data, but 100% completesecurity does not presently exist anywhere online or offline. For this reason, you should take care indeciding what information you send to us, especially when you do so at your owninitiative.
USE OF COOKIES
This Section explains how and why cookies and any othertracking technologies may be stored on and accessed from your device when youvisit or use our website.
Please read this Section carefully before using our website.
What are "cookies"? Cookies (or similar technologies) are tiny textfiles containing small amounts of data about you and your interaction with ourwebsite. Cookies work by assigning users unique reference codes (identifiers)that are placed on their devices when they access the website. Later (if theylast longer than a web session), they are sent back to the originating websiteon each subsequent visit or to another website that recognises them.
Please note that our website may also contain other tracking technologies suchas "pixels" (or "web beacons"). These are typically smalltransparent images that provide us with website statistics. They are often usedin conjunction with cookies, though they are not stored on your device in thesame way. As a result, if you disable cookies, pixels may still load, but theirfunctionality will be restricted. For simplicity, all such technologies arefurther collectively referred to as “cookies”.
Some cookies are critical for the proper functioning of our website("Necessary Cookies"), whereas others help us personalise and improveyour experience while using the website (such as "PreferenceCookies", "Statistic Cookies", and "MarketingCookies"). A list of cookies employed by us and third parties through ourwebsite is described in the Subsection "What cookies are used on thiswebsite" herein below.
Cookies can remain on your device for different periods of time. Some of themare "Session Cookies" – they are only stored on the device duringyour browser session. In other words, they are automatically erased when youclose your browser. Other ones, like "Persistent Cookies" will remainon your device even after your browser session has ended until you manuallyerase them or as they expire. They are used, for example, to remember you whenyou return to the website.
Our website uses both 'first' and 'third' party cookies depending on the domainplacing/providing them. First-Party Cookies are those set directly by thiswebsite, whereas Third-Party Cookies are placed or provided by other domains(please see the list of such third parties herein in Subsection "Thirdparties"). Please note that we have no (or limited) control overThird-Party Cookies.
If you are accessing our website from the United States, you have the right torestrict us from storing and accessing any cookies, pixels, and other trackingtechnologies that do not refer to Necessary Cookies by contacting us (pleasesee details in Section “Contact” herein below).
If you are accessing our website from the United States, you will see a cookiebanner on your first visit.
By clicking ‘Accept’ on the cookie banner, you give us your consent to storeand access cookies as described in this Section.
By clicking ‘Reject’ on the cookie banner, you do not allow us to store andaccess any cookies, pixels, and other tracking technologies that do not referto Necessary Cookies. However, it may disrupt the normal functioning of ourwebsite (and have an adverse impact on your user experience).
Data collected. Our website uses cookies to record web-session information,including:
● the date and duration of your visit to the website;
● the web pages that you viewed during your visit;
● your IP address;
● the type and version of browser you used; and
● your device's operating system and other settings.
We use the information that we gather in order to evaluate the website's usage,content, navigability, and composition. This statistical analysis allows us toimprove our website, make your user experience more enjoyable, and providevalue-added services.
How we use cookies. We use cookies for a number of reasons, like ensuring theproper functioning of our website, improving your user experience, trendanalysis, and measuring the effectiveness of this website.
What we don't do with cookies. We never share or sell any information about you(including your personal data) except as and to the extent expressly stated inour policies and/or communications with you. Please also be assured thatcookies cannot be used to run programs or deliver viruses to your devices.
Consent for cookies. In most cases, we will need your consent in order to usecookies on this website. The exception refers to Necessary Cookies that areneeded to carry out the transmission of a communication over a network oressential to the inherent functionality of the website – such cookies are usedautomatically, by default, once you access our website.
Third parties. As mentioned above, if you visit a website and another entitysets a cookie through that website, this would be a Third-Party Cookie. Some ofthe cookies we place on our website could be provided by trusted third parties.As a result, such other entities may obtain and process some data about you asset out in their policies – you may find more details in this regard in thetable below.
What cookies are used on this website? You can find the details of cookies usedon this website below:
● Necessary Cookies. These cookies are essential to allow you to browse aroundthe website and use its features – they enable the basic functionality of thewebsite like network management, webpage navigation, and access to secure areasof the website. Necessary cookies cannot be turned off in our systems. However,you may disable these by changing your browser settings (as described in Subsection"Disabling cookies" herein below), but this may have an adverseimpact on how the website functions.
● Preference Cookies. We use preference cookies in order to remember choicesyou make when you use the website, like your preferred language. Thisinformation changes the way the website behaves or looks and helps to make thevisits more tailored and pleasant.
● Statistic Cookies. Statistic cookies collect anonymous information on howpeople use our website. We integrate these cookies to obtain statisticalinformation that tells us how long users spend on the website, how they use itsweb pages, which ones are most viewed, and whether any errors occur. In theend, it helps to improve the user experience while browsing our website. Thedata stored by these cookies is usually anonymised, i.e., doesn't show personaldetails from which your individual identity can be established.
● Marketing Cookies. Marketing cookies are used to track users' behaviouracross
the website. These cookies collect information about your browsing habits inorder to make our or third-party websites more relevant to your particularinterests.
● Disabling cookies. Most internet browsers are initially set up toautomatically
accept cookies. You can manage cookies by adjusting the appropriate settings onyour browser, although some of our website features may not function as aresult.
You can follow the links provided below to manage the cookie settings on yourdevice depending on the browser you use:
● if you use Google Chrome, see the details via the following webpage;
● if you use Mozilla Firefox, see the details via the following webpage;
● if you use Internet Explorer, see the details via the following webpage;
● if you use Opera, see the details via the following webpage;
● if you use Microsoft Edge, see the details via the following webpage;
● if you use Safari (on iPhone, iPad, or iPod touch), see the details via thefollowing webpage;
● if you use Safari (on MacBook), see the details via the following webpage;
● if you use Samsung Internet (on your phone), see the details via thefollowing webpage.
Moreover, you can find useful information about managing cookie preferences onthe All About Cookies website – it is a free resource that explains:
● what cookies are and how they are used (available at the link);
● how to delete cookies from your browser (available at the link).
LINKS TO OTHER WEBSITES
Our website (including this Policy) may contain links toother websites, and you should review the privacy policies on those sites. Wehave no responsibility for the policies and practices of those sites.
CHANGES TO THIS POLICY
We may from time to time, modify this Privacy, upon which we will also update the ‘Last Revised’ date stated herein above. Even though we may inform you about any changes hereof (especially by sending you an electronic notice if you provided us with your e-mail address), you are still advised to visit this page regularly for the latest information on our privacy practices with regard to our privacy practices.
COMPLAINTS
If you consider that your personal data is processed incontradiction with the provisions of domestic and/or international law, we askyou to inform us about such a contradiction, and we will resolve it as soon aspossible (please see details in Section “Contacts” herein below). Additionally,you also have the right to file a complaint directly with the respectivepersonal data protection authority, namely:
● US national data protection authorities:
○ The Federal Trade Commission (jurisdiction over most cases) – officialwebsite is available at the following link: https://www.ftc.gov/,
○ The California Privacy Protection Agency (jurisdiction over the Californiastate) – official website is available at the following link:https://cppa.ca.gov/,
○ State Attorneys (jurisdiction over each other states in the US) – contactsare
available at the following link:https://www.justice.gov/usao/us-attorneys-listing.
CONTACTS
If you (a) have any questions or complaints regarding thisPolicy or the way your personal data is processed; (b) would like to report anysuspicious activity, including automated messages or calls from parties youcannot identify; or (c) would like to exercise a legal right in relation toyour personal data, please contact us via the address below.
Postal address: [770 W Dundee Rd, Arlington Heights, IL 60004]
Email: [office@pointexpressinc.com]
