Privacy declaration: Works, Operations, Events in the Port

Data Protection

Declaration on Processing of Personal Data

 

Antwerp Port Authority attaches great importance to processing of personal data, i.e. information that enables us to identify you as a private individual. Personal data arise whenever it is possible to make a direct or indirect link between one or more items of data and a private individual ("natural person"). Your personal data will always be protected by us in compliance with the "Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC: the General Data Protection Regulation (GDPR)" and the national legislation implementing this Regulation.

 

This privacy declaration has been issued to provide clear information concerning the processing of your personal data.

 

We ask you as the reader to pass on this declaration to all persons whose personal data we process and who are in direct contact with you.

 

1. Responsibility for the processing

 

1.1. The data controller for processing is Antwerp Port Authority (APA), a limited liability company under public law, located at Zaha Hadidplein 1, B-2030 Antwerp, and with company number 0248.399.380.

 

1.2. The APA Data Protection Officers can be contacted on dpo@portofantwerp.com.

 

1.3. As data controller, APA shall take all appropriate technical and organisational measures to protect personal data against accidental or unlawful destruction, accidental loss and any unauthorised processing of personal data.

 

1.4. APA shall further ensure that personal data are processed in a lawful, adequate and transparent manner; that personal data are collected for specified, explicit and legitimate purposes and are not further processed in a way incompatible with those purposes; that personal data are adequate, relevant and limited to what is necessary for the said purposes; that personal data are accurate and, where necessary, kept up to date; that personal data are not kept longer than necessary for the said purposes. (See general principles Article 5 GDPR)

 

1.5. APA guarantees that no transfer to third countries for data processing or storage shall take place without taking the necessary measures to comply with the protection requirements of the European privacy regulations.

 

2. The personal data that we process

 

-         Those carrying out and commissioning work on the APA site that requires (pre-)notification

-         Those carrying out and commissioning works for which a nautical permit is required from the APA

-         Those carrying out and commissioning work, operations and events in the port area that affect shipping

 

 3. Sources of personal data

 

3.1. In this case, APA collects the following personal data:

 

-         Company name

-         Name

-         E-mail address

-         Telephone or mobile phone number

 

3.2. Under no circumstances shall APA collect special categories of personal data, such as data concerning race, political opinions, health, religious and other beliefs, sexual orientation, or the like.

 

4. Purposes for which the data are processes

 

4.1. In addition to the personal data that APA obtains directly from you, it also processes personal data from another source, namely

 

-         Those carrying out and commissioning work for which a nautical permit is required from APA: from the person who has applied to APA for the nautical permit.

-         Those carrying out and commissioning work on an APA site where a (pre-)notification is required: from the person who created the pre-notificationt

-         Those carrying out works, operations and events in the port area with impact on shipping: from the client.

 

5. Legal basis of the processing

 

5.1. Personal data are processed for the following purposes:

 

-         Those carrying out and commissioning works for which a nautical permit is required from APA:

  • Company Name, Name and Email Address: by APA to ask the person for clarification on the planned works and to communicate the decision on the nautical permit
  • Company Name, Name and Phone Number:
    • By APA to inform the port users via nautical messages about works, operations or events in the port with impact on shipping traffic and to offer them the possibility to contact those carrying out and commissioning work directly
    • By APA to contact the person in case of operational problems or calamities

-         Those carrying out and commissioning work, operations and events in the port area that affect shipping:

  • By APA to inform the port users via nautical messages about works, operations or events in the port with impact on shipping traffic and to offer them the possibility to contact those carrying out and commissioning work directly
  • By APA to contact the person in case of operational problems or calamities

-         Those carrying out and commissioning work on the APA site that requires (pre-)notification:

  • By APA to ask for clarification and coordination on the planned and active works
  • Mobile phone of contractor: to contact the contractor in case of emergencies

 

5.2. Your personal data will be passed on to third parties within the EU in the context of this processing, namely

 

The Company Name, Name and Phone number of those carrying out and commissioning the works, operations or events in the port, can be passed on to the River Information Services (RIS) authorities of third countries in order to inform bargemasters calling at the port of Antwerp during the period of the works. This is done by means of NtS messages (notices to skippers).

 

6. Period for which the data are kept

 

6.1. We process your personal data based on the following legal justification:

 

The processing is necessary for the performance of a task in the public interest:

-         guarding the safety of works carried out on Port Authority grounds, both for those carrying out the works, operations or events and for other port users

-         access control to buildings of the Port Authority

 

The need to comply with a legal obligation incumbent on APA, namely:

-         access control of International Ship and Port Facility Security (ISPS) facilities owned by the Port Authority

-         Provision of contact persons of works, operations or events with impact on navigation to port users and sending the same information with NtS messages to other RIS authorities (Directive 2005/44/EC of the European Parliament and of the Council on harmonised RIS on inland waterways in the Community and Commission Regulation 414/2007 of 13 March 2007 concerning the technical guidelines for the planning, implementation and operational use of RIS)

 

6.2. The provision of the personal data is mandatory, as failure to provide the data will prevent the controller from fulfilling its legal obligation, namely

 

-         access control of ISPS facilities

-         notifying port users of works, operations or events that affect shipping

 

7. Your rights as the person concerned

You can exercise your rights at any moment by sending an e-mail (with proof of identity by attaching a copy of the relevant page or side of your identity card or document) to dpo@portofantwerp.com. APA shall reply within one month. Some rights can be exercised directly by you, by making use of the relevant settings.

 

7.1. You are entitled at any time to withdraw your permission; however, this will not affect the legitimacy of any processing carried out on the basis of your permission before it was withdrawn.

 

7.2. Whenever personal data are processed for the purposes of direct marketing, you are entitled at any moment to make an objection against this processing, which includes profiling related to direct marketing. APA will use direct marketing if newsletters or invitations for events are sent. You can unsubscribe using the link at the foot of the e-mails.

 

7.3. In cases where APA acts on the basis of its legitimate aims or in the public interest, you are entitled at any time to make an objection against the processing of personal data concerning you, for reasons of your specific situation. In such a case you must explain your specific reasons. APA shall then suspend the processing, unless it is able to show compelling, legitimate grounds for the processing that are more important than your interests, rights and liberties as the person concerned, or that are related to obtaining, exercising or substantiating a court order.

 

7.4. You are entitled to get a definite answer from APA as to whether or not personal data concerning yourself are being processed, and if they are, to inspect this personal data. In responding to this request AHA shall also provide the details of the processing. AHA shall send you a copy of the personal data being processed.

 

7.5. You are entitled to require APA to immediately rectify incorrect personal data concerning yourself. You can also require APA to complete any personal information that is incomplete. In some cases you may be able to rectify or complete your own personal data yourself, for example by accessing an application.

 

7.6. You are entitled to require APA to delete personal data concerning yourself, without unreasonable delay. APA shall delete personal data when the personal data are no longer necessary in relation to the purposes for which they were collected or otherwise processed, when there is no longer a lawful ground for data processing, when the data subject objects to the processing and there are no overriding legitimate grounds for the processing, when the personal data have been unlawfully processed, when the personal data have to be erased for compliance with a legal obligation in Union or Member State law to which the controller is subject or when the personal data have been collected in relation to the offer of information society services.

In cases where APA has made personal data public and is then required to delete it, APA shall take reasonable measures to inform other data processors with access to the information that you have asked for all copies of it, reproductions of it or links to it to be deleted.

In some cases APA is not allowed to delete certain personal data, such as when the processing is necessary for exercising the right of freedom of expression and information, for (b) for compliance with a legal obligation which requires processing by Union or Member State law to which the controller is subject or for the performance of a task carried out in the public interest or in the exercise of official authority vested in the controller, for reasons of public interest in the area of public health, for archiving purposes in the public interest, scientific or historical research purposes or statistical purposes or for the establishment, exercise or defense of legal claims. The data subject will be informed accordingly, if this is the case.

When you ask for your personal data to be deleted, your e-mail address will be kept on a separate list so that APA can prove and verify which data subjects have asked for deletion of their personal data and cannot be added to our systems in the future.

 

7.7. You are entitled to place limitations on the processing of personal data – if you contest their correctness, or if their processing is illegitimate but you oppose deletion of the data, or if APA no longer requires the data for the purposes of the processing but you still need it for obtaining, exercising or substantiating a court order, or if you oppose the processing – until such time as APA is able to show legitimate grounds for the processing, or until it is able to check the correctness of the data.

In such a case the personal data shall not be processed (apart from simply being saved) except with your permission, or except for obtaining, exercising or substantiating a court order, or for protecting the rights of another natural or artificial person, or for other weighty reasons of general interest for the European Union or a Member State.

 

7.8. You are entitled to obtain the personal information concerning you, that you have supplied to APA; you are entitled to receive it in a structured, conventional, machine-readable form, and you are further entitled to then pass it on to another data processor. This may apply e.g. whenever the processing is based on permission or an agreement to which you are a party, or when the processing is carried out by automated processes.

 

7.9. Finally, you are entitled at any moment to submit a complaint to the supervisory authority, namely the Data Protection Authority.