Aquatop USA undertakes to collect Your Data by means that are:
If you visit Aquatop USA's web-site, your web-browser automatically discloses, and Aquatop USA's web-server automatically logs, the following information: the date and time, the IP address from which you issued the request, the type of browser and operating system you are using, the URL of any page that referred you to the page, the URL you requested, and whether your request was successful. This data may or may not be sufficient to identify you.
Any additional data that you provide, e.g. in a web-form, may also be logged. This data may or may not be sufficient to identify you.
Any additional data that your web-browser automatically provides may also be logged. This will be the case, for example, if your browser has previously been requested to store data on your computer in 'cookies' and submits them each time you request a web-page within a particular domain (such as Aquatop USA.com). This data may or may not be sufficient to identify you.
If you disclose personal data to Aquatop USA in conjunction with an identifier such as your name or your credit-card details, Aquatop USA will collect Your Data. Moreover, any data that becomes available to Aquatop USA through any of the means described in the preceding paragraphs may be able to be associated with that identifier, and hence become Your Data.
Subject to the qualifications immediately below, Aquatop USA undertakes to collect Your Data from you and not from other parties. This undertaking is qualified as follows:
• where Aquatop USA reasonably considers that the protection of its financial interests requires that it gather YourData from other sources, or from additional sources. This applies in particular where Aquatop USA has a lending exposure to you, and seeks information about your creditworthiness;
Where Aquatop USA collects Your Data from sources other than you, it undertakes:
• to do so only by legal means;
________________________________________ Data Security
Aquatop USA undertakes to store Your Data in a manner that ensures security against unauthorised access, alteration or deletion, at a level commensurate with its sensitivity.
Aquatop USA undertakes to store Your Data only in jurisdictions where data protections are at least equivalent to those required under the OECD Guidelines.
Aquatop USA undertakes to transmit Your Data in a manner that ensures security against unauthorised access, alteration or deletion, at a level commensurate with its sensitivity.
Aquatop USA undertakes to implement appropriate measures to ensure security of Your Data against inappropriate behaviour by Aquatop USA's staff-members and contractors. These include:
• training for staff in relation to privacy;
________________________________________ Data Use
Use refers to the application of Your Data by any part of Aquatop USA, or any staff-member or contractor of Aquatop USA in the course of their work.
Aquatop USA undertakes to use Your Data only for:
• the purposes for which it was collected;
Aquatop USA undertakes to use YourData only if it has demonstrable relevance to the particular use to which it is being put.
Aquatop USA undertakes to use YourData in such a manner as to take into account the possibility that it is not of sufficient quality for the purpose, e.g. because it is inaccurate, out-of-date, incomplete, or out-of-context.
________________________________________ Data Disclosure
Disclosure refers to making YourData available to any party other than Aquatop USA and You. The term disclosure may include many different conditions of data transfer, including selling, renting, trading, sharing and giving.
Aquatop USA undertakes to disclose Your Data only under the following circumstances:
• in the course of business being conducted between You and Aquatop USA, where disclosure is necessary to a contractor, such as a transport company. Where Your Data is disclosed in this way, Aquatop USA undertakes to exercise control over Aquatop USA's contractors to ensure that their actions are compliant with these Terms;
In all cases, Aquatop USA undertakes to disclose only such of Your Data as is necessary in the particular circumstances.
________________________________________ Data Retention and Destruction
Subject to the qualifications immediately below, Aquatop USA undertakes:
• to retain Your Data only as long as is consistent with its purpose; and
This undertaking is qualified as follows:
• Your Data may be retained in Aquatop USA's logs, backups and audit trails within short-term retention cycles that are devised to protect the company's operations. In such cases, Your Data will be destroyed in accordance with those cycles;
________________________________________ Access by You to Your Personal Data
Aquatop USA undertakes to provide you with access to Your Data, subject to only such conditions and processes as are reasonable in the circumstances. In particular, Aquatop USA undertakes to enable access:
Aquatop USA undertakes to establish and operate identity authentication protections for access to Your Data that are appropriate to its sensitivity, but practical. This may involve some inconvenience; for example, relatively straightforward procedures may be involved in order to provide you with access through a channel that you have previously registered with Aquatop USA (such as a particular email-address), but may impose more onerous procedures if you wish to use some other channel.
In the event that you dispute some aspect of Your Data, Aquatop USA undertakes to take reasonable steps in relation to the amendment, supplementation or deletion of Your Data.
• not to seek access for frivolous purposes, or unreasonably frequently;
________________________________________ Information about Data-Handling Practices
Aquatop USA undertakes to make information available to you about the manner in which Aquatop USA handles your data:
• in general terms, in a readily accessible manner; and
Where Your Data is disclosed to a contractor, Aquatop USA undertakes to make information available to you on request about the manner in which Aquatop USA's contractors handle your data.
Aquatop USA undertakes to ensure that the information provided is meaningful, and addresses your concerns.
• not to seek such information for frivolous purposes, or unreasonably frequently; and
________________________________________ Handling of Enquiries, General Concerns and Complaints
If you have enquiries, general concerns, or complaints about these Terms, or about Aquatop USA's behaviour in relation to these Terms, you undertake:
• to communicate them in the first instance:
Aquatop USA undertakes:
• to provide one or more channels for communications to Aquatop USA, which are convenient to users;
You further undertake to not pursue Aquatop USA through any Regulator or the media:
• until and unless Aquatop USA has had a reasonable opportunity to respond to the initial communication; and
Aquatop USA declares that its undertakings in these Terms are intended to create legal obligations, and that those obligations are intended to be enforceable under appropriate laws in appropriate jurisdictions. These include laws relating to data protection, privacy, fair trading, corporations and criminal laws.
You undertake to seek enforcement only in a jurisdiction that is relevant to the transactions that have taken place between You and Aquatop USA, in particular the jurisdiction in which you live or in which you performed the relevant acts, and the jurisdiction in which Aquatop USA is domiciled or performed the relevant acts.
If you wish to discover the relevant laws in any particular jurisdiction, Aquatop USA draws your attention to the following resources:
• WorldLII Privacy Links
Aquatop USA undertakes:
• not to unilaterally make any material change to these Terms in a manner that reduces the protections for Your Data;
Your Data means data that is capable of being associated with you, whether or not it includes an explicit identifier such as your name or customer number. In particular, it encompasses all data that Aquatop USA is capable of correlating with you, using such means as server-logs and cookie-contents.
Your Data does not refer to data that can no longer be associated with you. This includes aggregated data that does not and cannot identify the individuals whose data are included in the aggregation.
Consent means your concurrence with an action to be taken by Aquatop USA. Consent may be express or implicit, but in either case must be informed and freely-given.