Effective: March 17, 2021
Last Revised: March 17, 2021
Depending on the context of personal information you provide, ClearLynx may be the data controller ("controller") or data processor ("processor") of your Personal Data under this policy. ClearLynx is a US-based trading platform and thus is a processor of Personal Data sent to us to provide to the Services or collected through the Services on behalf of or at the direction of Customers (“Customers”) and, such as names or contact information of fuel brokers worldwide. Please read the section titled “ClearLynx as a Data Processor” thoroughly for more information. You will also find detailed information below on how you can modify and erase your personal data on our platform, in particular if you are an EEA and UK-based individual.
Users Outside of the United States
The Site is hosted in the United States and is governed by United States law. If you are outside the United States when you visit the Site or engage in communications with a ClearLynx agent via mail, e-mail or telephone, please be aware that your information may be transferred to, stored and processed in the United States where our servers are located and our central database is operated. As you are contracting for the Services with ClearLynx LLC, which is a US company, any information you provide to us, or that we collect through your use of the Services and that is necessary to provide you with the Services, will be stored, processed, and transferred within the United States or worldwide in a Cloud. Please be aware that the United States and jurisdictions other than the one in which you are located may have a different standard of data protection laws compared to your own jurisdiction.
Information We Collect
We collect the information that you share with us, including:
1. Personal Data
“Personal Data” is information that can personally identify you or the persons that you refer to us, such as brokers. We maintain one or more databases in the United States to store your Personal Data and may retain it as reasonably required to fulfill the purposes identified herein. Personal Data that we collect depends on how you use the Site. For example, if you register to use or use any of the Services or if you wish to contact us, we may collect your name, email address, company, job title, phone or mobile number, IP address and the email addresses that you provide to us. Customers who register to use a Service may be required to provide us with company billing information, such as contact information and payment information, and with information regarding specified Customer personnel, such as name, title, department name and contact information for billing personnel. We may require clients to provide us with the number or names of personnel or vessels authorized to use a Service. If you use the Site and/or Services through a mobile device, ClearLynx may access in specific cases information regarding the type of device you use, operating system version, the device identifier (or “UDID”), device settings, geo-location data, your IP addresses, and associated services from your mobile device.
NOTE: Your credit card data is not transmitted through nor stored on our systems. All of ClearLynx’s credit card processing is handled securely by our third-party payment processors.
2. General Information
When you visit the Site, we may collect various categories of general non-personal information (“General Information”). General Information includes browser information, operating system information, and the date, time, length of stay and specific pages accessed during your visits to the Site. General Information may be Personal Data. We do this to improve services we offer you, and for purposes of our analytics.
Cookies & Other Online Identification Tools
How We Use Personal Information
We may process your Personal Data in connection with the following purposes:
1. to enable you to customize your experience of the Site and Services;
2. to enable you to access and use the Site and associated applications and platforms;
3. to provide you with information and services that you request or subscribe such as the ClearLynx newsletter (unless you opt out);
4. for internal record keeping and administrative purposes;
5. for research and development purposes to evaluate and enhance the Services;
6. for advertising and marketing, including to send you promotional information about our products and services and information about third parties that we consider may be of interest to you;
7. to comply with our legal obligations and resolve any disputes that we may have;
8. to consider your employment application;
9. if you are the member of a ClearLynx team (employee), to provide your team manager with information about the data associated with your use of the Site, Services and your email account.
10. to enforce ClearLynx’s agreements with you;
12. to prevent fraud and other prohibited or illegal activities;
13. to deal with your queries, complaints or concerns.
Disclosure of the Information That We Collect
Third Party Software Providers
Fulfillment of Services
Compliance with Law and Fraud Protection
Sale or Transfer of Information
In the event of a sale, merger, liquidation, dissolution or sale or transfer of substantially all of the assets of ClearLynx or the Site, Personal Data and/or other information collected through the Site or the Services may be sold, assigned or transferred to the party acquiring all or substantially all of the equity and/or assets of ClearLynx, the Site and/or Services. In the unlikely event of an insolvency, bankruptcy or receivership, your information also may be transferred as a business asset. By using the Site and Services and submitting your information to us, you consent to the sale and transfer of your information as described in this paragraph. You will be notified via email and/or a prominent notice on our Site of any change in ownership or uses of your Personal Data, as well as any choices you may have regarding your Personal Data; and
The Site and/or Services may allow you to connect with other websites, products, or services that we do not control. If you visit or use such services, we recommend that you review and understand their privacy practices before sharing your information with those services.
ClearLynx does not store, process or transmit any of your credit card data but relies entirely on third parties to handle these functions. You must comply with such third party’s terms made available to you.
ClearLynx is a SaaS using cloud-outsourced business service providers for its platform. To support delivery of our Services, ClearLynx may engage and use data processors with access to certain Personal Data (each, a "Subprocessor").
All our processors and sub-processors are required to take appropriate security measures to protect your personal information in line with our policies. We do not allow our processors and sub-processors to use your personal data for their own purposes. We only permit them to process your personal data for specified purposes and in accordance with our instructions.
Amazon Web Services, Inc.
Cloud Service Provider
Mail Service Provider
Credit Card Service Provider
Marketing Email Provider
Controlling Your Personal Information/ Newsletters
Withdrawal of Consent
Where you have provided your consent to us for use of your personal data or for other processing of your personal data, you can withdraw your consent at any time by submitting a request to email@example.com. Please consult our cookies policy for information about withdrawing your consent for cookies. If you have consented to receive marketing communications from us via email you can change your mind and withdraw that consent. You can opt-out by clicking on the Unsubscribe link at the bottom of the email you've received or by submitting a request to firstname.lastname@example.org.
Access, Modification, and Deletion Requests
Under applicable law, certain individuals have access to the Personal Data about them that ClearLynx holds and are able to correct, amend, or delete that information where it is inaccurate, or has been processed in violation of the Privacy Principles. If you would like to modify or delete your Personal Data, please submit a request to email@example.com with clear instructions about what you would like modified or deleted. We will respond to your request within 30 days after a complete request is received.
Collection and Use of Third-Party Personal Information
ClearLynx has implemented technical, administrative and physical security measures to protect your information from unauthorized access and use. While ClearLynx strives to protect your information, no data transmission over the Internet is 100% secure and, consequently, we cannot ensure the security of any information.
Where we have given you or where you have chosen a password which enables you to access certain parts of our Services, you are responsible for keeping this password confidential.
The Site may, from time to time, contain links to and from the websites of our partner networks, advertisers and affiliates. If you follow a link to any of these websites, please note that these websites have their own privacy policies and that we do not accept any responsibility or liability for these policies. Please check these policies before you submit any personal data to these websites.
Our Site Is Not For Use By Minors
We do not knowingly collect information from minors (individuals below 18 years). To use the Site and Services, you must be the age of legal majority in your place of residence. By using the Site and Services, you hereby represent that you are at least the age of legal majority in your place of residence. We do not use an application or other mechanism to determine the age of users of the Site and Services.
Third Party Links
We may provide links to third-party web sites that we do not own or control. We are not responsible for the information collection practices of any website that we do not own or control. We encourage you to review and understand the privacy practices of third-party websites before providing any information to or through them.
Customers and Customers from the EEA/UK/Switzerland (“Europe”)
ClearLynx has no establishment in Europe and does not intentionally offer its Services to individuals in Europe (Art. 3 GDPR).
Your rights under the GDPR and the UK Data Protection Act:
1. about the collection and use of their Personal Data.
2. to find out that is stored about you. Data Subjects have the right to obtain confirmation as to whether or not his or her Personal Data is being processed and, where that is the case, to have access to the personal data and the following information: purposes of the processing, categories of Personal Data processed, categories of recipients, data retention term or criteria used to determine that period, rights to rectify or delete personal data or restriction of processing of personal data, the right to lodge a complaint with a supervisory authority, any available information of the source of Personal Data where the Personal Data was not collected from the individual, and information on automated decision-making, including profiling, if any.
4. to enable an individual to request the deletion or removal of personal data where there is no compelling reason for its continued processing. Data Subjects can request the deletion of their Personal Data (i) if such Personal Data is no longer necessary for the purpose of the data processing, (ii) the Data Subject has withdrawn his/her consent on the processing based exclusively on such consent, (iii) the Data Subject objected to the processing, (iv) the Personal Data processing is unlawful, (v) the Personal Data must be erased to comply with a legal obligation. Where this is the case, ClearLynx will inform the controller(s) which are processing the Personal Data that the Data Subject has requested the erasure by such controllers of any links to, or copy or replication of, those Personal Data.
5. to ‘block’ or suppress processing of personal data. Data Subjects can request from data controllers the restriction of their Personal Data (i) in the event the accuracy of the Personal Data is contested to allow ClearLynx to check such accuracy, (ii) if the Data Subject wishes to restrict the Personal Data rather than deleting it despite the fact that the processing is unlawful, (iii) if the Data Subject wishes ClearLynx to keep the Personal Data because he/she needs it for his/her defense in the context of legal claims (iv) if the Data Subject has objected to the processing but ClearLynx conducts a verification to check whether it has legitimate grounds for such processing which may override the Data Subject's own rights. Clearlynx is a data processor under the GDPR, Swiss and the UK Data Protection Act, Clearlynx will inform the relevant suppliers who are the data controllers that there is a restriction of the .
6. allowing individuals to obtain and reuse their personal data for their own purposes across different services. Data Subjects may receive their and have the right to transmit such data to another controller without hindrance from the controller to which the personal data have been provided, where the processing is based on consent or on a contract and the processing is carried out by automated means.
7. to the processing based on legitimate interests or the performance of a task in the public interest/exercise of official authority (including profiling), direct marketing and/or for purposes of scientific/historical research and statistics. Data Subjects can object to the Processing of their Personal Data at any time when used for marketing purpose or profiling to send targeted advertising, or to object to the sharing of his/her Personal Data with third parties unless ClearLynx demonstrates compelling legitimate grounds for the Processing which override the interests, rights and freedoms of the Data Subject or for the establishment, exercise or defense of legal claims.
8. Various rights in relation to (making a decision solely by automated means without any human involvement) and profiling (automated processing of personal data to evaluate certain things about an individual). ClearLynx will not carry out profiling activities based on automated decision making, unless legally grounded on a requirement of applicable law or the performance of a contract or the Data Subject's consent and provided that suitable safeguards are implemented to protect the Data Subjects” rights.
You also have the right to lodge a complaint with a supervisory authority, in particular in your country of residence, if you consider that the processing of your Personal Data infringes applicable laws.
If you would like to exercise these rights, please submit a request to firstname.lastname@example.org.
ClearLynx may receive personal data from data subjects in Europe in the following instances:
· The data subject in Europe contacts ClearLynx directly and provides the personal data voluntarily, or
· ClearLynx obtains access to personal data of such data subjects through its business partners, who are data controllers or data processors.
Where required, ClearLynx will enter into a data processing agreement (Art. 28 GDPR) with ClearLynx being the processor or sub-processor of such data controller/processor. In these cases, the data controllers or processors remain primarily responsible for the European personal data that they send or make available to ClearLynx. To the extent that such data (sub-)processing requires a data transfer from the EEA or U.K., ClearLynx will rely on the individual’s consent (Art. 49 (1) (a) GDPR) or another applicable derogation under the GDPR for this data transfer.
As a matter of general practice, ClearLynx does not voluntarily provide government agencies or authorities (including law enforcement) with access to or information about ClearLynx accounts (including Customer data). If ClearLynx receives a compulsory request (whether through a subpoena, court order, search warrant, or other valid legal process) from any government agency or authority (including law enforcement) for access to or information about a ClearLynx account (including Customer data) belonging to a Customer whose primary contact information indicates the Customer is located in Europe, ClearLynx will notify the data controller via email sent to the controller’s primary contact email address of the request to allow the data controller to seek a protective order or other appropriate remedy.
ClearLynx shall not be required to comply with this obligation if it is legally prohibited from doing so, or it has a reasonable and good-faith belief that urgent access is necessary to prevent an imminent risk of serious harm to any individual, public safety, or ClearLynx’s property, our Sites, or Service.
ClearLynx as a Data Processor
The Personal Data you connect to, transmit to and store in ClearLynx are only used for the purposes of providing bunker procurement services through our platform and for the other legitimate purposes listed in this Policy. In most cases you are considered the data controller for any personal data you upload, transmit or connect - the natural person or persons to which this relates are your data subjects. We refer to this data as User Provided Data. Using ClearLynx to manage your data means that you have engaged ClearLynx as a data processor to carry out certain processing activities on your behalf. ClearLynx will be a data controller only in rare cases, e.g. when you order a pricing subscription directly from ClearLynx.
User Provided Data (e.g. information on a broker, a buyer or a supplier including a trader by you) may be displayed on our public platform, stored or otherwise processed by us for performance purposes, unless you instruct us otherwise. All User Provided Data can be deleted or modified by you at any time by contacting us. ClearLynx will rely on you as the data controller that the entry or the update is legitimate.
ClearLynx retains the personal information we process on behalf of our Customers for as long as needed to provide the Services to our subscribers and in accordance with our Terms of Service/Customer Agreements. To the extent not deleted by our Customers, ClearLynx may also retain and use certain Personal Data for a reasonable period of time thereafter as necessary to pursue our legitimate business interests, conduct audits, comply with our legal obligations, resolve disputes, and enforce our agreements.
In the event that you have questions about how we process your Personal Data, please contact us at email@example.com and we will endeavor to deal with your request. This is without prejudice to your right to raise a complaint with the data protection supervisory authority in the EEA, Switzerland or U.K. in which you reside. You can also send us any request or inquiry via regular mail to:
PO Box 457
Bradley Beach NJ 07720