Privacy Notice

We obtain information about you:

• directly from you;
• as a result of monitoring how you use our website or our services; and
• from third parties involved in the provision of our service.

When you use our platform, for example when you create an account, pay an invoice, upload a document, prepare a declaration, create an ELO, prepare a transit declaration, use IDP functionality, or contact us for support, we ask for, and you provide to us, personal data that we need in order to provide those services to you. This may include:

• personal identifiers, such as your first and last names;
• contact information, such as your email address, telephone number and postal addresses that you use for billing or account administration;
• business information, such as your job title, business name, business address, VAT number, EORI number, customs registration details and your relationship with a business you own, operate or for which you work;
• account information, such as your username, account settings, security information and platform preferences;
• payment information, payment references, invoice details and limited payment method information;
• information about goods that are being imported, exported, moved, stored or placed under a customs or transit procedure;
• customs, transit, ELO and border information, including consignor, consignee, importer, exporter, carrier, declarant, representative, driver, vehicle, trailer, route, port, customs office, guarantee, MRN, barcode and movement details;
• information contained in invoices, packing lists, transport documents, bills of lading, airway bills, commercial documents, customs documents, guarantee documents, licences, certificates, ELO documents, transit documents and other documents that you upload to or process through our platform;
• information extracted, suggested, populated, structured or processed by Intelligent Document Processing, artificial intelligence, optical character recognition or other automated functionality; and
• information you provide when you contact us by telephone, email, through the platform or otherwise.

By using our platform, we process:

• technical information about the hardware and software you use to access our platform, including your Internet Protocol (IP) address, browser type and version, device identifiers and operating system;
• usage information, including the frequency with which you use our service, the pages and functions you use, declarations or documents you create, whether you receive messages from us and whether you reply to those messages;
• platform activity records, including log-in records, audit logs, security logs, Filing history, document upload history, declaration status, ELO status, transit status, MRNs, barcodes, customs references, error messages, validation messages and system responses;
• information generated by or returned from HMRC, French Customs, EU customs authorities, NCTS, Community Service Providers, port systems, carrier systems, guarantee systems or other Customs Offices;
• information generated by IDP or other automated functionality, including extracted text, structured data, suggested field population, validation results and confidence indicators;
• transaction information, such as payment information, invoice history, pricing plan history and subscription information; and
• your preferences to receive marketing from us, how you wish to communicate with us, and responses and actions in relation to your use of our service.

We may receive personal data about you or other individuals from third parties in connection with the provision of our service. These third parties may include:

• your employer, customer, supplier, agent, representative, freight forwarder, carrier or customs intermediary;
• HMRC, French Customs, EU customs authorities, NCTS, Community Service Providers, port authorities, carrier systems, guarantee providers and other Customs Offices;
• payment service providers, identity, security, hosting, software, support and analytics providers; and
• professional advisers, regulators, public authorities or other persons where this is necessary for compliance, risk management, dispute handling or the provision of our service.

If you provide us with personal data about another person, you must ensure that you have a lawful basis or other proper authority to do so, and that the person is provided with appropriate privacy information where required.

We may aggregate anonymous information such as statistical or demographic data for any purpose. Anonymous information is that which does not identify you as an individual person. Aggregated information may be derived from your personal data but is not considered as such in law because it does not reveal your identity.

For example, we may aggregate usage information to assess whether certain functionality of our platform could be improved.

If we combine or connect aggregated information with your personal data so that it can identify you in any way, we treat the combined information as personal data, and it will be used in accordance with this privacy notice.

Where we need to collect personal data by law, or under the terms of a contract we have with you, and you fail to provide that data when requested, we may not be able to perform that contract.

In that case, we may have to stop providing a service to you. If so, we will notify you of this at the time.

When you create an account on our platform or otherwise agree to our terms and conditions, a contract is formed between you and us.

In order to carry out our contractual obligations to you we must process information you give us. Some of this information may be personal data.

For example, we may use it:

• to verify your identity for security purposes when you sign in to our platform;
• to provide our service to you;
• to create, manage and secure your account;
• to prepare, process, generate, submit, File, receive and manage Declarations, ELOs, Transit Declarations, Uploaded Documents, customs messages, transit messages, guarantee information and related customs or border workflows;
• to provide IDP, document extraction, document processing and automated field population functionality;
• to generate or receive MRNs, ELO barcodes, customs references, transit references, error messages, status messages and other platform outputs;
• to provide customer support, customer training, billing, subscription management and service administration; and
• to communicate with you about your account, documents, declarations, filings, platform use and service requests.

We process this information on the basis there is a contract between us, or that you have requested we use the information before we enter into a legal contract.

We shall continue to process this information until the contract between us ends or is terminated by either party under the terms of the contract.

Through certain actions when otherwise there is no contractual relationship between us, such as when you browse our website without being signed in or when you ask us to provide you more information about our business and/or our service, you provide your consent to us to process information that may be personal data.

Wherever possible, we aim to obtain your explicit consent to process this information, for example, we ask you to agree to our use of non-essential cookies when you access our platform.

We continue to process your information on this basis until you withdraw your consent or it can be reasonably assumed that your consent no longer exists.

You may withdraw your consent at any time by instructing us. However, if you do so, you may not be able to use our platform further.

We aim to obtain and keep your consent to process your information. However, while we take your consent into account in decisions about whether or not to process your personal data, the withdrawal of your consent does not necessarily prevent us from continuing to process it. The law may allow us to continue to process your personal data, provided that there is another basis on which we may do so. For example, we may have a legal obligation to do so.

We may process information on the basis there is a legitimate interest, either to you or to us, of doing so.

Where we process your information on this basis, we do so after having given careful consideration to:

• whether the same objective could be achieved through other means;
• whether processing (or not processing) might cause you harm; and
• whether you would expect us to process your personal data, and whether you would, in the round, consider it reasonable to do so.

For example, we may process your data on this basis for the purposes of:

• improving our service for you;
• record-keeping for the proper and necessary administration of our business;
• responding to unsolicited communication from you to which we believe you would expect a response;
• preventing fraudulent use of our platform;
• exercising our legal rights, including to detect and prevent fraud and to protect our intellectual property;
• insuring against or obtaining professional advice that is required to manage business risk;
• protecting your interests where we believe we have a duty to do so;
• maintaining audit trails of platform use, Declarations, ELOs, Transit Declarations, Uploaded Documents and related customs or transit activity;
• detecting and preventing misuse of our platform, customs fraud, payment fraud, account misuse, unauthorised access and other unlawful or harmful activity;
• managing commercial, operational, customs, guarantee, technical and legal risk;
• improving, testing and maintaining our platform and ordinary service functionality, where appropriate safeguards are used;
• dealing with customs queries, customer queries, complaints, disputes, claims, chargebacks and regulatory enquiries;
• enforcing our terms and conditions and protecting our legal and commercial position; and
• maintaining records that may be needed to evidence platform activity, declarations, transit movements, guarantee use, filings, customer approvals or communications.

Sometimes we must process your information in order to comply with a statutory obligation.

For example, we may be required to process, retain or disclose information in order to comply with tax, accounting, company, customs, transit, border, regulatory, law enforcement or court obligations.

We may also be required to provide information to HMRC, French Customs, EU customs authorities, NCTS, port authorities, Community Service Providers, guarantee providers, regulators, courts or other public authorities where required by law or where they have proper authority to request it.

This may include your personal data and personal data contained in Uploaded Documents, Declarations, ELOs, Transit Declarations, guarantee records, customs messages and related records.

We may share your personal data where necessary for the purposes set out in this notice. This may include sharing personal data with:

• HMRC, French Customs, EU customs authorities, NCTS, Community Service Providers, port authorities, carrier systems, guarantee providers and other Customs Offices;
• payment service providers, banks and providers of payment processing, invoicing and fraud prevention services;
• hosting providers, software providers, cloud service providers, IT support providers, security providers, analytics providers and other technical service providers;
• providers of IDP, artificial intelligence, optical character recognition, document processing, translation, data extraction or automation services;
• professional advisers, insurers, auditors and consultants;
• regulators, courts, law enforcement bodies, public authorities and other persons where disclosure is required by law or reasonably necessary to protect our rights, your rights or the rights of another person; and
• any person to whom we transfer or may transfer our business, assets or rights, subject to appropriate confidentiality and data protection obligations.

We do not sell your personal data.

We use payment service providers to process online payments. Where you pay online, you may be transferred to a secure page or payment process operated by our payment service provider. That page may be branded to look like a page on our platform, but it is not controlled by us.

We do not normally store your full debit or credit card details. However, we may receive and retain limited payment information, such as payment status, transaction references, invoice details, billing details, the last digits of a payment card, expiry date, payment tokens or other payment method identifiers where this is provided by our payment service provider and is needed for billing, accounting, fraud prevention, chargeback handling or future payments authorised under our terms and conditions.

There may be some circumstances where you provide payment information to us directly, such as where you wish to pay by an alternative means that our payment service provider cannot accept. In these circumstances, we keep your payment information only for as long as necessary to process the transaction and comply with our legal, accounting and dispute-management obligations.

Our platform may use Intelligent Document Processing, artificial intelligence, optical character recognition, machine learning, automation or similar functionality to read, extract, suggest, structure, populate or process information from Uploaded Documents and other data.

This processing may involve personal data contained in invoices, packing lists, transport documents, customs documents, guarantee documents, ELO documents, transit documents and other Uploaded Documents.

IDP and other automated functionality are used to assist with document processing and platform functionality. They do not replace your own review or approval of information before it is used or Filed.

We do not intend that IDP or other automated functionality should make solely automated decisions about you which have legal or similarly significant effects. Where information is extracted, suggested or populated by IDP, you remain responsible for checking and approving it before use or Filing.

We use IDP and other automated functionality to provide document processing, extraction, structuring, suggestion, field population, validation and related platform functionality to you. We do not use customer personal data, Uploaded Documents, Declarations, ELOs, Transit Declarations, guarantee records, customs records or other customer content to train artificial intelligence models, IDP models, machine learning models or similar automated systems.

Where we use a third party provider for IDP, artificial intelligence, optical character recognition, document processing, data extraction or automation services, we take reasonable steps through provider settings, contractual terms or other available controls to ensure that customer personal data and customer content are not used by that provider to train its general artificial intelligence models, machine learning models or similar systems.

Cookies are small text files that are placed on your computer’s hard drive by your web browser when you visit a website that uses them. They allow information gathered on one web page to be stored until it is needed for use at a later date.

They are commonly used to provide you with a personalised experience while you browse a website, for example, allowing your preferences to be remembered.

They can also provide core functionality such as security, network management, and accessibility; record how you interact with the website so that the owner can understand how to improve the experience of other visitors; and serve you advertisements that are relevant to your browsing history.

Some cookies may last for a defined period of time, such as one visit (known as a session), one day or until you close your browser. Others last indefinitely until you delete them.

Your web browser should allow you to delete any cookie you choose. It should also allow you to prevent or limit their use. Your web browser may support a plug-in or add-on that helps you manage which cookies you wish to allow to operate.

The law requires you to give explicit consent for use of any cookies that are not strictly necessary for the operation of a website.

When you first visit our website, we ask you whether you wish us to use cookies. If you choose not to accept them, we shall not use them for your visit except to record that you have not consented to their use for any other purpose.

If you choose not to use cookies or you prevent their use through your browser settings, you may not be able to use all the functionality of our platform.

We use cookies in the following ways:

• to track how you use our platform;
• to record whether you have seen specific messages we display on our platform; and
• to keep you signed in to our platform.

Requests by your web browser to our servers for web pages and other content on our platform are recorded.

We record information such as your geographical location, your Internet service provider and your IP address. We also record information about the software you are using to browse our website, such as the type of computer or device and the screen resolution.

We use this information in aggregate to assess the popularity of the webpages on our website and how we perform in providing content to you.

If combined with other information we know about you from previous visits, the data possibly could be used to identify you personally, even if you are not signed in to our platform.

The law requires us to tell you about your rights and our obligations to you in regard to the processing and control of your personal data.

We do this now, by requesting that you read the information provided at http://www.knowyourprivacyrights.org

We use Secure Sockets Layer (SSL) certificates to verify our identity to your browser and to encrypt any data you give us.

Whenever information is transferred between us, you can check that it is done so using SSL by looking for a closed padlock symbol or other trust mark in your browser’s URL bar or toolbar.

Our websites and platform are hosted in the United Kingdom.

If you are located in the European Union or European Economic Area, your personal data may be transferred to and processed in the United Kingdom. The United Kingdom is recognised by the European Commission as providing an adequate level of protection for personal data under the GDPR, unless and until that position changes.

We may also use outsourced service providers in countries outside the UK, EU or EEA from time to time in connection with hosting, software, support, security, analytics, payment processing, document processing, IDP, communications or other aspects of our business.

Where we transfer personal data outside the UK, EU or EEA, we take steps intended to protect your personal data in accordance with applicable data protection law. These steps may include relying on an adequacy decision or adequacy regulation, using approved standard contractual clauses, the UK International Data Transfer Agreement, the UK Addendum to the EU standard contractual clauses, or another lawful transfer mechanism.

You may contact us if you would like further information about the safeguards used for international transfers.

It is important that the personal data we hold about you is accurate and up to date. Please inform us if your personal data changes.

At any time you may review or update personally identifiable information that we hold about you, by signing in to your account on our platform.

To obtain a copy of any information that is not provided on our platform you should contact us to make that request.

When we receive any request to access, edit or delete personal data we first take reasonable steps to verify your identity before granting you access or otherwise taking any action. This is important to safeguard your information.

Please be aware that we are not obliged by law to provide you with all personal data we hold about you in all circumstances. Where permitted by law, for example where a request is manifestly unfounded or excessive, we may refuse to comply with the request or charge a reasonable fee. After receiving your request, we will tell you when we expect to respond and whether any fee is required.

If you wish us to remove personally identifiable information from our platform, you should contact us to make your request.

This may limit the service we can provide to you.

We remind you that we are not obliged by law to delete your personal data or to stop processing it simply because you do not consent to us doing so. While having your consent is an important consideration as to whether to process it, if there is another legitimate basis on which we may process it, we may do so on that basis.

When you contact us, whether by telephone, through our platform or by email, we collect the data you have given to us in order to reply with the information you need.

We record your request and our reply in order to increase the efficiency of our business.

We may keep personally identifiable information associated with your message, such as your name and email address so as to be able to track our communications with you to provide a high quality service.

If you are not happy with our privacy policy, or if you have any complaint, then you should tell us.

When we receive a complaint, we record the information you have given to us so that we can consider, investigate and respond to your complaint, protect our legal position and comply with any legal or regulatory obligation that applies to us.

If your complaint reasonably requires us to notify some other person, we may decide to give to that other person some of the information contained in your complaint. We do this as infrequently as possible, but it is a matter for our sole discretion whether we do give information, and if we do, what that information is.

We may also compile statistics showing information obtained from this source to assess the level of service we provide, but not in a way that could identify you or any other person.

If a dispute is not settled then we hope you will agree to attempt to resolve it by engaging in good faith with us in a process of mediation or arbitration.

If you are in any way dissatisfied about how we process your personal data, you have a right to lodge a complaint with the Information Commissioner’s Office (ICO). This can be done at https://ico.org.uk/make-a-complaint/.

If you are located in the European Union or European Economic Area, you may also have the right to lodge a complaint with the supervisory authority in your country or the country in which the issue occurred.

We would, however, appreciate the opportunity to talk to you about your concern before you approach a supervisory authority.

Except as otherwise mentioned in this privacy notice, we keep your personal data only for as long as required by us:

• to provide you with the service you have requested;
• to maintain your account and platform records;
• to process, evidence, audit, support or manage Declarations, ELOs, Transit Declarations, Uploaded Documents, customs messages, customs references, guarantee information and related records;
• to comply with tax, accounting, customs, transit, regulatory, legal and audit obligations;
• to deal with customer support, complaints, payment issues, chargebacks, disputes, customs queries, guarantee queries and regulatory requests;
• to maintain security records, audit logs and evidence of platform activity;
• to improve, maintain and protect our platform and services; and
• to support a claim or defence in court or other proceedings.

Where we do not have a fixed retention period, we decide how long to keep personal data by reference to the nature of the data, the reason we hold it, the legal and operational risks involved, customs or transit record-keeping requirements, the need to evidence customer approvals or filings, and whether the data may be needed for legal, regulatory, audit, tax, customs, guarantee or dispute purposes.

Our privacy policy is intended to comply with applicable data protection law, including the UK GDPR, the Data Protection Act 2018, the Privacy and Electronic Communications Regulations (PECR), and, where applicable, the EU GDPR.

Where other privacy or data protection laws apply to a particular user, service, jurisdiction or processing activity, we will take reasonable steps to comply with those laws to the extent they apply to us.

We shall update this privacy notice from time to time as necessary.