1 Data Protection and Privacy
1.1 You and PARCEL EXCHANGE LTD shall comply with the Data Protection Laws.
1.2 For the purposes of this clause 1, ‘Data Protection Laws’ shall mean all applicable data protection and privacy laws and regulations in the performance of its obligations set out under these Terms, including but not limited to the AU General Data Protection Regulation and all other successor legislation and regulations thereto.
1.3 PARCEL EXCHANGE LTD will be the data controller (as the term is defined in the Data Protection Laws) of any personal data that any user (including you) shares directly with PARCEL EXCHANGE LTD as a user of PARCEL EXCHANGE LTD’s Applications and services. Where data is processed by PARCEL EXCHANGE LTD as a data controller, such processing is carried out in accordance with PARCEL EXCHANGE LTD’s Privacy Policy at https://parcelexchangegroup.com/terms-conditions-privacy-policy/. PARCEL EXCHANGE LTD collects and processes such categories of personal data as are described in the above referenced Privacy Policy, including geo-location data from different sources including, but not limited to our mobile application, and data entered by our users (collectively “Geo-location Data”). You acknowledge and agree that we may transmit, collect, maintain, process and use such Geo-location Data to provide the services described in our Applications. Further, you acknowledge and agree that we may use your Geo-location Data, strictly in anonymised and aggregated form, for the purpose of improving the services that we offer, for analysis of routes and journeys and for the creation of reports. We may share any such anonymised Geo-location Data with third parties. You may opt-out of this by writing to PARCEL EXCHANGE LTD at the address stated on final page of this document under “Contact”. If you opt out, then We will not be able to provide you with any services or products that rely on aggregated and anonymised data sharing within our Applications.
1.4 If you use PARCEL EXCHANGE LTD’s Applications and services for the purpose of providing services to or receiving services from other users and send, receive or upload personal information into your user area, which PARCEL EXCHANGE LTD then stores it in its database, you will be the data controller of such personal data, and PARCEL EXCHANGE LTD will be a data processor of such personal data and will:
1.4.1 act strictly in accordance with your lawful and reasonable instructions (which may be received via your use of the Applications and/or services) unless applicable law requires otherwise, in which case PARCEL EXCHANGE LTD shall inform you of that legal requirement before processing (unless that law prohibits such information on important grounds of public interest). PARCEL EXCHANGE LTD shall inform you if it becomes aware of an instruction by you that, in PARCEL EXCHANGELTD’s opinion, infringes the Data Protection Laws.
1.4.2 ensure that its personnel that are authorised to process the personal data in connection with the provision of the Applications and/or services, have committed themselves to confidentiality or are under an appropriate statutory obligation of confidentiality;
1.4.3 implement appropriate technical and organisational security measures to protect the personal data in accordance with Data Protection Laws;
1.4.4 enable you to access, rectify, erase, restrict and transmit the personal data processed by PARCEL EXCHANGE LTD on your behalf;
1.4.5 if a data subject requests information from PARCEL EXCHANGE LTD concerning the processing of personal data by you, promptly forward the request to you;
1.4.6 provide reasonable assistance to enable PARCEL EXCHANGE LTD to comply with your obligations under Data Protection Law, including using appropriate technical and organisational measures to assist you in responding to data subject access requests; and
1.4.7 make available to you all information necessary to demonstrate compliance with the obligations set out in this clause 1, and allow for and contribute to audits, including inspections, conducted by or on behalf of you or ensure that PARCEL EXCHANGE LTD and/or any sub-processor will conduct audits using external auditors at least once per year;
1.5 You may delete or request in writing the deletion or return of all personal data that we process on your behalf on termination of the provision to you of Applications and/or services or at any time following termination of the same. Where you have not deleted the personal data prior to the termination of the provision to you of Applications and/or services, PARCEL EXCHANGE LTD shall provide the “Storage Service” free of charge for a period of at least 90 working days following the date of termination. Thereafter PARCEL EXCHANGE LTD LTD may terminate the Storage Service at any time without notice, and in such event PARCEL EXCHANGE LTD shall delete all personal data processed on your behalf unless the otherwise required by applicable law. Notwithstanding the foregoing, where personal data that PARCEL EXCHANGE LTD processes on your behalf forms part of the record of a transaction between you and another user, such other user may be a joint data controller of such personal data and PARCEL EXCHANGE LTD may be required to retain such data on behalf of the other use. In such event, you may receive a copy of the personal data, but it shall not be deleted.
1.6 You acknowledge and accept that any data subject to which the personal data relates may have the right to request the deletion of their personal data or information at any time and may request that PARCEL EXCHANGE LTD permanently delete all information and data held about that data subject from PARCEL EXCHANGELTD’s systems. In the event that a data subject exercises its rights in this clause 1.6, PARCEL EXCHANGE LTD shall notify you and you shall promptly and permanently delete all personal data held about that data subject from PARCEL EXCHANGE LTD’s systems. In the event that you have not done so within a reasonable time, and have not notified PARCEL EXCHANGE LTD in writing of any requirement for PARCEL EXCHANGE LTD to retain the personal data, PARCEL EXCHANGE LTD reserves the right to remove such personal data and shall not be liable in any way for any loss or damage suffered you arising from such data subject exercising their rights.
1.7 You shall ensure that your collection and use of any personal data, accessed through the Applications and services, complies with the Data Protection Laws. You hereby indemnify PARCEL EXCHANGE LTD against all losses, liabilities, costs and expenses (including but not limited to legal costs) arising from or incurred by reason of your failure to comply with this clause.
1.8 You hereby give PARCEL EXCHANGE LTD a general consent to engage sub-processors to process the personal data. PARCEL EXCHANGE LTD shall make details of its sub-processors available to you on request. Where PARCEL EXCHANGE LTD intends to add a new sub-processor, it shall make details of such new sub-processor available at least 30 days (“Sub-processor Notice Period”) before transferring any personal data to a new sub-processor. You shall notify PARCEL EXCHANGE LTD during the Sub-processor Notice Period if you object to the new sub-processor. If you do not object to the sub-processor during the Sub-processor Notice Period, you shall be deemed to have accepted the sub-processor. If you have raised a reasonable objection to the new sub-processor, and the parties have failed to agree on a solution within the Sub-Processor Notice Period time, you shall have the right to terminate your use of the Applications and these Terms. During the Sub-Processor Notice Period, PARCEL EXCHANGE LTD shall not transfer any personal data to the sub-processor.
1.9 PARCEL EXCHANGELTD shall enter into appropriate written agreements with all of its sub-processors on terms that include all the required obligations on data processors, as set out in the GDPR, including without limitation your right to conduct audits at the sub-processor, or ensure that the sub-processor will conduct audits using external auditors at least once per year. PARCEL EXCHANGE LTD shall remain fully liable to you for the performance or non-performance of the sub-processor’s obligations.
1.10 For the express avoidance of doubt, in respect of the payment processor that you select to process payments from your customers, although the Applications will integrate with the services of such payment processor, the parties agree that such payment processor is your data processor, supplying its products and services directly to you. Payment processors are not sub-processors of PARCEL EXCHANGE LTD
1.11 You hereby acknowledge and agree that personal data may be passed between PARCEL EXCHANGE LTD and the payment processor. It is your express instruction that PARCEL EXCHANGE LTD so provide such personal data to the payment processor.
1.12 Where PARCEL EXCHANGE LTD receives personal data from one or more payment processors in respect of which PARCEL EXCHANGE LTD reasonably believes that you are the data controller, you hereby instruct PARCEL EXCHANGE LTD to process such personal data on your behalf.