Privacy policy - Bergé Logistics

The BERGÉ Group is made up of different companies dedicated to the provision of logistics services in its various areas of activity, including stevedoring and unstowing, port warehousing, vessel consignment services, customs, chartering, transport, regular shipping lines, warehouse management, integrated logistics and order management.

For the purposes of this Privacy Policy, “Bergé Group” will be understood to mean Bergé Infraestructuras y Servicios Logísticos, S.L., its parent company and its subsidiaries, with subsidiaries being understood to be those companies in which Bergé Infraestructuras y Servicios Logísticos, S.L. holds a stake in the share capital that allows it to have control, in accordance with the provisions of article 42 of the Commercial Code. The subsidiaries are identified below:

AGENCIA MARÍTIMA CONDEMINAS BILBAO, S.L.
AGENCIA MARÍTIMA CONDEMINAS CÁDIZ, S.A.
AGENCIA MARÍTIMA CONDEMINAS MÁLAGA, S.A.
BDIN COLOMBIA II S.A.S.
BDIN COLOMBIA, S.A.S.
BDIN MÉXICO, S.A. DE C.V.
BERGÉ CASH POOLING, S.L.U.
BERGÉ INFRAESTRUCTURAS Y SERVICIOS LOGÍSTICOS, S.L.
BERGÉ LOGÍSTICA, S.L.
BERGÉ MANTENIMIENTO S.L.
BERGÉ MARÍTIMA BILBAO, S.L.
BERGÉ MARÍTIMA FRANCE, SARL
BERGÉ MARÍITIMA NORTE, S.L.
BERGÉ MARÍTIMA SAGUNTO S.L.
BERGÉ MARÍTIMA, S.L.
BERGÉ OPERACIONES Y DESARROLLO COMERCIAL, S.L.U.
BERGÉ SERVICES INDUSTRIELS, S.A.R.L
BERGÉ SERVICIOS SIDERÚRGICOS, S.L.
BERGÉ SHIPBROKERS, S.A.
BERGÉ SHIPPING, S.A.
BERGÉ TRANSPORTE INTERMODAL S.L.
BERGÉ VIGÍA S.A.S.
BISL DESARROLLOS INTERNACIONALES, S.L.
BISL GESTIÓN Y ADMINISTRACIÓN S.L.
CARPORT COLOMBIA S.A.S.
EUROAMÉRICAS AGENCIA MARÍTIMA, S.L.
EXTERNALIZACIÓN DE PROCESOS LOGÍSTICOS, S.L.
GLOBAL LOGÍSTICA DE CANTABRIA, S.L.
GRUAS MOVILES DE SANTANDER, S.L.
GRÚAS Y LOGÍSTICA DEL SUR, S.L.
MOVIMIENTOS SIDERÚRGICOS CÁNTABROS S.L.
MOVIMIENTOS SIDERÚRGICOS NERVIÓN, S.L.
OPERADOR INTEGRAL DE VEHÍCULOS, S.L.
OPERADORA LOGÍSTICA DE TRÁNSITOS INTERNAC, S.L.
OPERADORES PORTUARIOS SANTA POLA, S.L.
PORTUARIA LEVANTINA, S.A.
SERGU, S.A.
SERVICIOS LOGÍSTICOS DE AUTOMOCIÓN, S.A. DE C.V.
SERVICIOS LOGÍSTICOS DEL PRAT, S.L.
SERVICIOS SIDERÚRGICOS INTEGRALES S.L.
SOCIEDAD AUXILIAR DE PUNTA SOLLANA, S.L.
SOCIETE LOGISTIQUE DU PAYS BASQUE
TERMINAL PORT NOU, S.A.

Depending on the service contracted, the contractual relationship will be established with one of the companies that make up BERGÉ, each of them acting as Personal Data Controller for the provision of the services.

The parent company of the group is BERGÉ INFRAESTRUCTURAS Y SERVICIOS LOGÍSTICOS, S.L., located at Avenida de Bruselas, 20 – 3ª planta – 28108 – Alcobendas (Madrid), which provides certain corporate services to the rest of the group companies in the administrative, financial, technological and regulatory compliance areas.

For any query related to this Privacy Policy, and to know the list of companies that make up the BERGÉ Group, you may contact us as follows:

Telephone.: 91 757 67 00
Email: comitedpd@bergelogistics.com

The BERGÉ Group’s Data Protection Officer (DPO) is available at the same email address: comitedpd@bergelogistics.com.

What do we process your personal data for?

1. Customer management and provision of logistics, port and transport services

Purpose: Customers’ personal data will be processed for managing the contracting and provision of stevedoring and unstowing, vessel consignment services, customs, chartering, transport, regular shipping lines, warehouse management and logistics services, among others. This includes order management, shipment tracking, incident management, invoicing and customer service.

Legal basis: The performance of the service agreement entered into between the parties. Where applicable, compliance with legal obligations resulting from tax, accounting and commercial regulations, such as the General Tax Law and the Commercial Code.

2. Supplier and subcontractor relationship management

Purpose: Personal data of suppliers and subcontractors will be processed for the administrative, operational and contractual management of business relationships, including contracting, payment of services, logistics coordination, verification of regulatory compliance and audit management.

Legal basis: The performance of the service agreement with suppliers. Where applicable, compliance with legal obligations on tax, accounting and occupational risk prevention matters.

3. Warehouse management and access control

Purpose: Personal data of employees, carriers, customers and third parties accessing the port warehouses will be processed for the purpose of guaranteeing the security of the facilities, controlling the entry and exit of goods and people, and preventing occupational hazards.

Legal basis: Compliance with a legal obligation regarding safety and prevention of occupational hazards. Where applicable, the company’s legitimate interest in guaranteeing the security of its facilities and operations.

4. Compliance with customs regulations and control of loading and unloading documentation

Purpose: Personal data related to customs management will be processed to comply with legal obligations regarding import, export, documentary control of goods and management of formalities with the customs and port authorities.

Legal basis: Compliance with legal obligations resulting from customs and international transport regulations.

5. Video surveillance in port facilities and warehouses

Purpose: Personal data captured by video surveillance systems will be processed for the purpose of guaranteeing the security of facilities, goods, workers and merchandise, as well as for the prevention and management of security incidents.

Legal basis: The company’s legitimate interest in guaranteeing the security of its facilities, goods and people, under data protection and security regulations.

6. Answering queries and handling complaints

Purpose: Personal data of customers, suppliers and third parties will be processed for the purpose of answering queries, handling complaints and resolving incidents concerning the company’s services.

Legal basis: The fulfilment of contractual obligations and, where appropriate, the legitimate interest in improving the quality of service and the customer experience.

7. Recruitment and application management (“Work with us”)

Purpose: Personal data of candidates who send their application through the “Work with us” section of the website will be processed for managing the company’s personnel selection processes, evaluating their skills, experience and training for possible vacancies, and to keep them informed about future job opportunities that may fit their profile.

Legal basis: The candidate’s consent, granted by voluntarily sending his/her application through the channels enabled by BERGÉ. The candidate may withdraw his/her consent at any time, without affecting the lawfulness of the processing based on the consent prior to his/her withdrawal.

8. Sending commercial information on products and services related to those previously contracted

Purpose: Personal data of customers will be processed for the purpose of sending commercial information on products and services similar to those previously contracted with the company, including news, improvements, promotions and updates on stevedoring and unstowing, vessel consignment services, customs, chartering, transport, logistics and warehouse management services.

Legal basis: The company’s legitimate interest in keeping its customers informed about products and services related to those they have previously contracted, under article 21.2 of the Law on Information Society and E-Commerce Services (LSSI). The user may at any time object to receiving these communications using the mechanisms provided in each communication.

How long do we keep your personal data?

The personal data we process will be kept based on the duration of the legal relationship, the legal obligation and the request for deletion of the data when requested and appropriate. çIn the case of custody of video surveillance system images, they will be kept for a maximum period of one month after their acquisition, unless necessary for the investigation of an event that could threaten the safety of persons, property or facilities, or constitute a disciplinary offence.

Personal data provided for the sending of commercial communications will continue to be kept until you withdraw your consent, without prejudice to your right of erasure or objection.

With whom do we share your personal data?

Your data may be shared depending on the legitimate grounds for each communication, and only where necessary:

To fulfil legal obligations, we may share your data with public administrations.
With financial and banking institutions to manage collections and payments.

However, if at any time during the commercial relationship it is necessary to share your data with third parties for new purposes, this will be done when BERGÉ has your prior consent and in the legally required manner.

Any use of external suppliers that involves accessing personal data will be done with all the guarantees in compliance with the regulations in force at all times and, in any case, the supplier will follow BERGÉ’s instructions at all times.

Your personal data may be shared between BERGÉ Group companies to manage the corporate services provided between them, which may include, among others, administrative, accounting, tax, human resources, technological, regulatory compliance and security services. This sharing of data is based on the company’s legitimate interest in the internal and operational management of the business group, ensuring at all times compliance with applicable data protection regulations and the implementation of appropriate security measures to protect your information. It should be noted that this sharing may involve international transfer of data to the countries in which BERGÉ operates. You can see the list of companies that are part of the Group by writing to: comitedpd@bergelogistics.com.

What are your personal data rights?

Any person has the right to obtain confirmation as to whether we at BERGÉ are processing personal data concerning them, and if so, the right of access to their personal data, the purposes of the processing, and the categories of personal data concerned.

You also have the right to request the rectification of inaccurate data or, where appropriate, to request their erasure if the data are no longer necessary for the purposes for which they were collected; if the consent on which the processing is based has been withdrawn or you object to the processing; the personal data have been unlawfully processed; or they must be erased to comply with a legal obligation under Union or Member State law.

You may request the restriction of the processing of your data when you contest the accuracy of the personal data for a period of time that allows the controller to verify its accuracy; the processing is unlawful and the data subject objects to the erasure of the personal data and requests instead the restriction of their use; the controller no longer needs the personal data for the purposes of the processing, but the data subject needs them for the establishment, exercise or defence of claims; or the data subject has objected to the processing, while it is verified whether the legitimate grounds of the controller override those of the data subject. In such cases, we will only retain the data for the exercise or defence of claims.

In some situations, and for reasons related to their individual circumstances, you may object to the processing of your data. BERGÉ will stop processing the data, except for compelling legitimate grounds, or to exercise or defend legal claims.

You will have the right to receive the personal data concerning you which you have provided in a structured format and to transmit them to another controller, without hindrance from the controller to whom they were provided, where the processing is based on consent; or the processing is carried out by automated means.

Where data subjects exercise their rights of access, rectification, erasure and objection, restriction of processing, data portability and the right not to be subject to automated individual decisions, they must notify this by email to comitedpd@bergelogistics.com.

Finally, under the terms established in current legislation, you may withdraw the consent you have provided us with.

We remind you that you may file a complaint with the Spanish Data Protection Agency through its electronic headquarters at www.aepd.es, if you consider that your personal data protection rights have been violated.

Where does your data come from?

The personal data that we process at BERGÉ may come from the following sources:

From the data subject himself/herself, when he/she provides us with his/her data directly through the different channels provided, such as contact forms, contracting of services, registration in selection processes or any other means of communication with our company.
From customers, suppliers and partners, as part of the management of commercial and contractual relations for the provision of logistics, stevedoring and unstowing, vessel consignment services, customs, chartering, transport, warehousing and order management services.
From other companies of the BERGÉ Group, when, as part of the provision of internal corporate services, exchanges of information take place between entities of the same business group for administrative, human resources management, accounting, regulatory compliance or customer service purposes.
From video surveillance systems, in case of access to our facilities, warehouses or port enclosures, where data can be captured by security cameras to ensure the security of property and individuals.

How do we protect your personal data?

Users guarantee and are responsible, in any case, for the veracity, accuracy, validity and authenticity of the personal data provided, and undertake to keep them duly updated. Users must also guarantee that they are over 14 years of age.

If personal data is provided by persons who are not the owners of such data, the user must, prior to their inclusion, inform such persons of the points contained in the preceding paragraphs. In these cases, the user guarantees that the data provided are from persons over 14 years of age and that the information is accurate and truthful. BERGÉ will be exempt from any liability for non-compliance by the user with these requirements.

BERGÉ has adopted the legally required levels of security for the protection of Personal Data, and has installed all the technical means and measures available according to the state of technology to prevent the loss, misuse, alteration, unauthorised access and theft of the personal data provided.

The user benefits from the duty of confidentiality and secrecy observed by BERGÉ’s employees and of all those who process the data in its name and on its behalf.