Privacy policy

PRIVATE LIMITED COMPANY

BIRIU KROVINIU TERMINALAS 

SECTION I

GENERAL PROVISIONS

1. JSC GARGZDU GELEZINKELIS (herein further – the GG) intends to ensure that customers, visitors of website and other persons, personal data of which we are processing, would fully trust us and our services and would be transparently informed on how we process their data. Therefore, it is very important that you carefully read the Privacy Policy, wherein you will find the information about how we collect and use your personal data.
2. When using the GG website as well as the services offered by the GG or providing the GG with your personal data on other grounds you agree to the provisions of the present Policy. The Privacy policy regulates how the GG process the personal data that can be provided by you during your visit in our company, on the GG website gargzdugelezinkelis.lt (herein further – the Website), having contacted with us by e-mail or  telephone, as well as those that are received by the GG in the course of performance of contracts with partners or customers-legal persons, if you are a member of their staff or repetitive .
3. The controller of the processed personal data is JSC GARGZDU GELEZINKELIS (code of legal person 163143475, registered domicile address: Gamyklos g. 21, Gargždai, Lithuania, details about the company are compiled and processed by the Register of Legal persons under the State Enterprise Centre of Registers, e-mail:  info@gargzdugelezinkelis.lt, telefono numeris +370 46 471 565).
4. The Privacy Policy shall be applied irrespective of the devices used by a visitor to log on the Website.
5. We inform that the GG may engage other persons to process personal data and for this purpose to transfer information about persons to other legal persons subject to the terms and conditions stipulated in the Privacy Policy.
6. The present Privacy Policy has been prepared pursuant to 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 (General Data Protection Regulation), herein further – the GDPR), the Law of the Republic of Lithuania on Legal Protection of Personal Data, other legislation of the European Union and the Republic of Lithuania.
7. Definitions:
   • Personal data – any information associated with a natural person (personal data subject), whose identity is known or who can be directly or indirectly identified by using such details as personal identification code, one or several attributes of  physical, psychological, economic, cultural or social nature that are inherent to the person.
   • Personal data processing means any operation performed with personal data: collection, recording, accumulation, storage, classification, grouping, merging, alteration, disclosure, making available, use, logical and/or arithmetic operations, search, dissemination, destruction or any other operation or a set of operations.
   • Subject of personal data means a natural person, whose personal data are gathered by the Company.
   • Other terms used in the Privacy Policy shall have the same meaning as defined in the legislation.

SECTION II

COLLECTION AND USE OF PERSONAL DATA

8. We collect the following types of data:

• the data provided by you when you are communicating or maintain legal relationships with us, buying the GG services or registering for the services, applying to us with a request to provide information;
• video data;
• those, which is generated when you use our network and services (e.g. are sending an e-mail or visiting our website);
• those, which is received by us from other sources, e.g. from other service providers or publicly available registers.

9. You are not obligated to disclose personal data to us, however, if you choose not to do so, we may not be able to provide you with certain services.
10. By providing your personal data, you assume the responsibility for their accuracy, correctness and completeness. In the event of change in your personal data, you must immediately inform the GG thereof. The GG will not be held liable for the damage incurred to the person and (or) the third persons, which has resulted from the fact that you have provided incorrect and (or) incomplete personal data or have not made a request for their supplementation and (or) modification upon their change.
11. The GG shall gather and further process the following personal data about you, which is provided by you or obtained by the GG through performance of contracts with partners or customers -legal persons:
    • personal data of locomotive drivers and assistants: name, surname; rank; date of birth; place of birth; details of personal ID document (number, date of expiry); details of locomotive license (number, date of expiry), nationality.
    • personal data of train tuners: name, surname, date of birth; details of personal ID document (number, date of expiry).
    • personal data of persons entering the GG territory: name, surname; position; nationality; document type; document number; company name; photograph; e-mail address; telephone number; licence plate number and make of vehicle; date of issue and date of expiry of a permit; time of entry, time of departure.
12. The GG shall gather and further process the following personal data about you that is provided by you indirectly through ordering services or visiting the Website, i.e. such data is automatically gathered from your computers and (or) mobile devices when you visit the Website:
    • visitor’s name, surname, e-mail address, IP address, comments made in the website, other details that have been voluntary shared by the visitor when browsing a website (cookies);
    • when commenting on the Website, the visitor is asked not to disclose special categories of personal data (e.g., information on racial or ethnic background, political opinions, membership in professional associations, physical or mental health). If for some reason a visitor decides to provide the GG with personal data of special categories or other confidential information, such an action shall be deemed to constitute the visitor’s explicit consent allowing the GG to collect and use such data and information for the purposes indicated in the present Privacy Policy.
13. The GG shall gather and further process the data subjects’ video data that is recorded by our video surveillance devices during your visit in the GG territory. In the course of video surveillance only video data shall be processed.

CCTV surveillance field covers the Company’s leased area: the perimeter of the depot building, accesses to the depot, depot gates, car parks, stevedoring and cargo handling sites, the perimeter of buildings, the railways and accesses to the railway gates:

The company does not collect videos. The data may be provided to law enforcement authorities.

14. Storage of personal data:
    • Personal information of a data subject shall be stored no longer than required for accomplishment of the objectives set out in the present Privacy Policy;
    • Personal data shall be protected from loss, unauthorized use and tampering. Physical and technical measures have been implemented to protect all information collected for the purpose of provision of services. Data shall be stored for 3 years. Upon expiry of this period, the data shall be deleted irretrievably;
    • Storage of personal information for a longer period than the one referred to in art. 14.2 of the Privacy Policy is allowed only in the event of a reasonable suspicion of unlawful actions (in regard of which an investigation is being carried out) or when the data is indispensable for the appropriate resolution of a dispute, complaint or subject to other special grounds provided for by law.  
15. The grounds for lawful processing of personal data:
    • when a legal obligation requires so, i.e. when we are obligated by applicable mandatory legislation of the European Union and the Republic of Lithuania mandatory to process your personal data;
    • when data processing is necessary in order to conclude and (or) perform a contract with the person;
    • the person gave a consent to his/her data processing for one or a number of particular purposes;
    • personal data have to be processed in order to implement the Company’s legitimate interest.

16. The purposes of personal data processing:
    • for proper provision, processing and administration of services;
    • for identification of visitors of the Website;
    • for implementation of the requirements of the international and national legislation and statutory and regulatory enactments regulating the port security and the port regime;
    • the GG carries out video surveillance in order to ensure compliance with the procedure and the regime of the port  territory use: to prevent terrorism, unauthorised entry of persons and  the passage of arms, incendiary devices and explosives to the territory of seaports of the Republic of Lithuania, ships, port facilities, restricted areas, to reduce threats to the security of passengers, ships, their crews and port infrastructure and superstructure facilities (terminals), as well as to ensure the control of the port complex zone under the customs supervision, the protection of ownership rights, to guarantee the safety and security of property of the Company and its customers;
    • to give answers to received inquiries/requests;
    • to inform about organised events, social initiatives and other activities of the GG;
    • to ensure possibility to carry out statistical and other analysis, which allows for the continuous development of the contents of the Website.

17. The data transfer:
    • GG shall not transfer a data subject’s personal data to the third persons without his/her separate consent except when this is necessary for law enforcement, judicial or pre-trial investigation authorities due to their current investigations, or in other cases stipulated by legislation and the present Privacy policy.

SECTION III

RIGHTS OF DATA SUBJECTS

18. The legislative acts on data protection confer certain rights to the data subject, who may freely exercise them, and the GG must ensure such a possibility to the data subject. A data subject has the following rights:
    • The right of access to his/her personal data being processed by the GG. A data subject has the right to receive confirmation from the GG whether the GG processes personal data, as well as the right to access to the data subject’s personal data processed by the GG and the information on the purposes of data processing, the categories of processed data, the categories of data recipients,  the time limits of data processing and the sources of acquisition of the data;
    • The right to have personal data rectified. In the event of change in the data provided by the data subject or, if in the data subject’s opinion, the information about him/her being processed by the  GG is inaccurate or incorrect, the data subject is entitled to require to have this information changed, clarified   or rectified;
    • The right to request the data to be erased (the right to be forgotten). Under certain circumstances defined in legislation (e.g., when personal data is processed unlawfully, when the grounds for data processing ceased to exist), a data subject has the right to request the GG to delete his/her personal data;
    • The right to recall a consent. Where processing of the data subject’s data by the GG is based on the data subject’s consent, the latter is entitled to recall his/her consent at any time and the data processing based on the data subject’s consent will be cancelled;
    • To require that the processing of your personal data be restricted. A data subject has the right to require the Company to limit the data processing, when:
      • the data subject contests the accuracy of the data for a period enabling the data controller to verify the accuracy of the data;
      • processing of personal data is unlawful and the data subject does not agree to erasure of the data;
      • The GG no longer needs the personal data for the processing purposes, however they are needed for the data subject in order to bring, enforce or defend legal requirements;
      • The data subject objected against his/her data processing pending verification whether the GG’s legitimate reasons prevail over the data subject’s reasons.
    • to request that your personal data be transferred to another data controller (the right to data portability).
    • the right to disagree to data processing, when the processing is based on legitimate interests. A data subject has the right to disagree to personal data processing, when processing of the personal data is carried out on the grounds of the GG legitimate interests;
    • the right to lodge a complaint. If, in the data subject’s opinion, the GG processes his/her data in breach of the requirements of the data protection legislation, he/she should contact the GG directly.

If the data subject is not satisfied with the method of problem solution proposed by the GG or, in his/her opinion, the GG has not taken necessary actions concerning the data subject’s request, the data subject shall have the right to lodge a complaint to the State Data Protection Inspectorate at the address: A. Juozapavičiaus g. 6, 09310 Vilnius, by e-mail: ada@ada.lt.

19. In order to exercise their rights, the data subjects are invited to fill-in an Application form (enclosed thereto) and to send it by e-mail at: info@gargzdugelezinkelis.lt . The GG informs that if in doubt of the person’s identity, the GG may require additional information in order to properly identify the person.
20. Having received the data subject’s request and having considered its contents and the scope of the issue, the GG designated employee will contact the data subject within 5 working days at the latest and shall inform him/her about the time limits as well as the legal and technical possibilities for exercising of the data subject’s rights.

SECTION IV

COOKIES

21. When you visit our website, the GG may process the visitor’s IP address, the network and location details, when the visitor provides them. The data is collected by means of cookies and other similar technologies on the grounds of consumer’s consent. A cookie is a small text file that a website saves on your PC when you visit the site.
22. Cookies are intended to ensure efficient and secure functioning of the website and to analyse your preferences in order to make the functioning of the Website convenient and effective and to meet your needs and expectations.

23. The following cookies are used on the GG Website:

24. Cookies may be used only subject to consent of a respective visitor of the website. When visiting the GG Website, a visitor can choose whether he/she wants to enable cookies. Cookies can be controlled and (or) deleted according to your preferences. In most browser settings, one can choose which cookies to enable and to disable, as well as to check, which cookies are stored, as well as to delete individual cookies, to block third-party cookies, to block cookies from specific websites, to block all cookies from being sent, and to delete all cookies when closing the browser. To learn more about the methods for cookies control, one can visit websites of the  browsers you are using:

Firefox – https://support.mozilla.org/lt/kb/Slapuk%C5%B3%20valdymas

Chrome- https://support.google.com/chromebook/answer/95647?hl=lt

Internet Explorer 10-11- http://windows.microsoft.com/lt-lt/internet-explorer/delete-manage-cookies#ie=ie-11

25. If a visitor of the website does not accept cookies on its computer or other device, he/she may at any time recall a consent to use them by changing the settings and deleting the saved cookies. Please note that if cookies are completely blocked, the GG Website may not work properly.
26. We inform that the Website also uses the essential cookies that ensure functionality of the Website and the use of which do not require your separate consent.

SECTION V

PERSONAL DATA PROTECTION

27. By implementing appropriate technical and organizational measures, the GG protects the personal data of a data subject from loss, unauthorised use, unauthorised access, disclosure or tampering.
28. Having assessed the risk and detected a data security breach that may pose a serious threat to persons, the GG shall immediately inform the relevant persons thereof.
29. Pursuant to the procedure stipulated in legislation of the European Union and the Republic of Lithuania the GG shall be held liable for a data security breach that may pose a serious threat to persons.

SECTION VI

FINAL PROVISIONS

30. The present Policy may be modified and updated as the need arises, in view of the changes implemented by the GG and other factors. The updated Privacy Policy shall be published on the Website.
31. The Privacy Policy shall apply as of 8th July, 2020.