Privacy

Europe Privacy Policy and Notice

US Worker Privacy Policy and Notice

We are very delighted that you have shown interest in our enterprise. Data protection is of a particularly high priority for the management of the Zenith Energy. The use of the Internet pages of the Zenith Energy is possible without any indication of personal data; however, if a data subject wants to use special enterprise services via our website, processing of personal data could become necessary. If the processing of personal data is necessary and there is no statutory basis for such processing, we generally obtain consent from the data subject.

The processing of personal data, such as the name, address, e-mail address, or telephone number of a data subject shall always be in line with the General Data Protection Regulation (GDPR), and in accordance with the country-specific data protection regulations applicable to the Zenith Energy. By means of this data protection declaration, our enterprise would like to inform the general public of the nature, scope, and purpose of the personal data we collect, use and process. Furthermore, data subjects are informed, by means of this data protection declaration, of the rights to which they are entitled.

As the controller, the Zenith Energy has implemented numerous technical and organizational measures to ensure the most complete protection of personal data processed through this website. However, Internet-based data transmissions may in principle have security gaps, so absolute protection may not be guaranteed. For this reason, every data subject is free to transfer personal data to us via alternative means, e.g. by telephone. 

1. Definitions

   The data protection declaration of the Zenith Energy is based on the terms used by the European legislator for the adoption of the General Data Protection Regulation (GDPR). Our data protection declaration should be legible and understandable for the general public, as well as our customers and business partners. To ensure this, we would like to first explain the terminology used.

   In this data protection declaration, we use, inter alia, the following terms:

   * a) Personal data

   Personal data means any information relating to an identified or identifiable natural person (“data subject”). An identifiable natural person is one who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person.

   * b) Data subject

   Data subject is any identified or identifiable natural person, whose personal data is processed by the controller responsible for the processing.

   * c) Processing

   Processing is any operation or set of operations which is performed on personal data or on sets of personal data, whether or not by automated means, such as collection, recording, organisation, structuring, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, restriction, erasure or destruction. 

   * d) Restriction of processing

   Restriction of processing is the marking of stored personal data with the aim of limiting their processing in the future. 

   * e) Profiling

   Profiling means any form of automated processing of personal data consisting of the use of personal data to evaluate certain personal aspects relating to a natural person, in particular to analyse or predict aspects concerning that natural person's performance at work, economic situation, health, personal preferences, interests, reliability, behaviour, location or movements. 

   * f) Pseudonymisation

   Pseudonymisation is the processing of personal data in such a manner that the personal data can no longer be attributed to a specific data subject without the use of additional information, provided that such additional information is kept separately and is subject to technical and organisational measures to ensure that the personal data are not attributed to an identified or identifiable natural person. 

   * g) Controller or controller responsible for the processing

   Controller or controller responsible for the processing is the natural or legal person, public authority, agency or other body which, alone or jointly with others, determines the purposes and means of the processing of personal data; where the purposes and means of such processing are determined by Union or Member State law, the controller or the specific criteria for its nomination may be provided for by Union or Member State law. 

   * h) Processor

   Processor is a natural or legal person, public authority, agency or other body which processes personal data on behalf of the controller. 

   * i) Recipient

   Recipient is a natural or legal person, public authority, agency or another body, to which the personal data are disclosed, whether a third party or not. However, public authorities which may receive personal data in the framework of a particular inquiry in accordance with Union or Member State law shall not be regarded as recipients; the processing of those data by those public authorities shall be in compliance with the applicable data protection rules according to the purposes of the processing. 

   * j) Third party

   Third party is a natural or legal person, public authority, agency or body other than the data subject, controller, processor and persons who, under the direct authority of the controller or processor, are authorised to process personal data.

   * k) Consent

   Consent of the data subject is any freely given, specific, informed and unambiguous indication of the data subject's wishes by which he or she, by a statement or by a clear affirmative action, signifies agreement to the processing of personal data relating to him or her. 

2. Name and Address of the controller

   Controller for the purposes of the General Data Protection Regulation (GDPR), other data protection laws applicable in Member states of the European Union and other provisions related to data protection is:
   

   Zenith Energy
   Hornweg 10
   1045 AR Amsterdam
   Netherland
   

   +31 (0)20 58 63 211
   ⁠https://zenithterminals.com

3. Name and Address of the Data Protection Officer

   The Data Protection Officer of the controller is:
   

   Dr. Michael Foth
   Zenith Energy
   Hornweg 10
   1045 AR Amsterdam

   
   Germany

   +49 40 540 90 97 80
   ds-kunden@ibs-data-protection.de
   ⁠https://zenithterminals.com
   

   Any data subject may, at any time, contact our Data Protection Officer directly with all questions and suggestions concerning data protection.

4. Cookies

   The Internet pages of the Zenith Energy use cookies. Cookies are text files that are stored in a computer system via an Internet browser.

   Many Internet sites and servers use cookies. Many cookies contain a so-called cookie ID. A cookie ID is a unique identifier of the cookie. It consists of a character string through which Internet pages and servers can be assigned to the specific Internet browser in which the cookie was stored. This allows visited Internet sites and servers to differentiate the individual browser of the data subject from other Internet browsers that contain other cookies. A specific Internet browser can be recognized and identified using the unique cookie ID.

   Through the use of cookies, the Zenith Energy can provide the users of this website with more user-friendly services that would not be possible without the cookie setting.

   By means of a cookie, the information and offers on our website can be optimized with the user in mind. Cookies allow us, as previously mentioned, to recognize our website users. The purpose of this recognition is to make it easier for users to utilize our website. The website user that uses cookies, e.g. does not have to enter access data each time the website is accessed, because this is taken over by the website, and the cookie is thus stored on the user's computer system. Another example is the cookie of a shopping cart in an online shop. The online store remembers the articles that a customer has placed in the virtual shopping cart via a cookie.

   The data subject may, at any time, prevent the setting of cookies through our website by means of a corresponding setting of the Internet browser used, and may thus permanently deny the setting of cookies. Furthermore, already set cookies may be deleted at any time via an Internet browser or other software programs. This is possible in all popular Internet browsers. If the data subject deactivates the setting of cookies in the Internet browser used, not all functions of our website may be entirely usable.

5. Collection of general data and information

   The website of the Zenith Energy collects a series of general data and information when a data subject or automated system calls up the website. This general data and information are stored in the server log files. Collected may be (1) the browser types and versions used, (2) the operating system used by the accessing system, (3) the website from which an accessing system reaches our website (so-called referrers), (4) the sub-websites, (5) the date and time of access to the Internet site, (6) an Internet protocol address (IP address), (7) the Internet service provider of the accessing system, and (8) any other similar data and information that may be used in the event of attacks on our information technology systems.

   When using these general data and information, the Zenith Energy does not draw any conclusions about the data subject. Rather, this information is needed to (1) deliver the content of our website correctly, (2) optimize the content of our website as well as its advertisement, (3) ensure the long-term viability of our information technology systems and website technology, and (4) provide law enforcement authorities with the information necessary for criminal prosecution in case of a cyber-attack. Therefore, the Zenith Energy analyzes anonymously collected data and information statistically, with the aim of increasing the data protection and data security of our enterprise, and to ensure an optimal level of protection for the personal data we process. The anonymous data of the server log files are stored separately from all personal data provided by a data subject.

6. Contact possibility via the website 

   The website of the Zenith Energy contains information that enables a quick electronic contact to our enterprise, as well as direct communication with us, which also includes a general address of the so-called electronic mail (e-mail address). If a data subject contacts the controller by e-mail or via a contact form, the personal data transmitted by the data subject are automatically stored. Such personal data transmitted on a voluntary basis by a data subject to the data controller are stored for the purpose of processing or contacting the data subject. There is no transfer of this personal data to third parties.

7. Routine erasure and blocking of personal data

   The data controller shall process and store the personal data of the data subject only for the period necessary to achieve the purpose of storage, or as far as this is granted by the European legislator or other legislators in laws or regulations to which the controller is subject to.

   If the storage purpose is not applicable, or if a storage period prescribed by the European legislator or another competent legislator expires, the personal data are routinely blocked or erased in accordance with legal requirements.

8. Rights of the data subject

   * a) Right of confirmation

   Each data subject shall have the right granted by the European legislator to obtain from the controller the confirmation as to whether or not personal data concerning him or her are being processed. If a data subject wishes to avail himself of this right of confirmation, he or she may, at any time, contact any employee of the controller.

   * b) Right of access

   Each data subject shall have the right granted by the European legislator to obtain from the controller free information about his or her personal data stored at any time and a copy of this information. Furthermore, the European directives and regulations grant the data subject access to the following information:

   * the purposes of the processing;

   * the categories of personal data concerned;

   * the recipients or categories of recipients to whom the personal data have been or will be disclosed, in particular recipients in third countries or international organisations;

   * where possible, the envisaged period for which the personal data will be stored, or, if not possible, the criteria used to determine that period;

   * the existence of the right to request from the controller rectification or erasure of personal data, or restriction of processing of personal data concerning the data subject, or to object to such processing;

   * the existence of the right to lodge a complaint with a supervisory authority;

   * where the personal data are not collected from the data subject, any available information as to their source;

   * the existence of automated decision-making, including profiling, referred to in Article 22(1) and (4) of the GDPR and, at least in those cases, meaningful information about the logic involved, as well as the significance and envisaged consequences of such processing for the data subject.

   Furthermore, the data subject shall have a right to obtain information as to whether personal data are transferred to a third country or to an international organisation. Where this is the case, the data subject shall have the right to be informed of the appropriate safeguards relating to the transfer.

   If a data subject wishes to avail himself of this right of access, he or she may, at any time, contact any employee of the controller.

   * c) Right to rectification 

   Each data subject shall have the right granted by the European legislator to obtain from the controller without undue delay the rectification of inaccurate personal data concerning him or her. Taking into account the purposes of the processing, the data subject shall have the right to have incomplete personal data completed, including by means of providing a supplementary statement.

   If a data subject wishes to exercise this right to rectification, he or she may, at any time, contact any employee of the controller.

   * d) Right to erasure (Right to be forgotten) 

   Each data subject shall have the right granted by the European legislator to obtain from the controller the erasure of personal data concerning him or her without undue delay, and the controller shall have the obligation to erase personal data without undue delay where one of the following grounds applies, as long as the processing is not necessary: 

   * The personal data are no longer necessary in relation to the purposes for which they were collected or otherwise processed.

   * The data subject withdraws consent to which the processing is based according to point (a) of Article 6(1) of the GDPR, or point (a) of Article 9(2) of the GDPR, and where there is no other legal ground for the processing.

   * The data subject objects to the processing pursuant to Article 21(1) of the GDPR and there are no overriding legitimate grounds for the processing, or the data subject objects to the processing pursuant to Article 21(2) of the GDPR. 

   * The personal data have been unlawfully processed.

   * The personal data must be erased for compliance with a legal obligation in Union or Member State law to which the controller is subject.

   * The personal data have been collected in relation to the offer of information society services referred to in Article 8(1) of the GDPR.

   If one of the aforementioned reasons applies, and a data subject wishes to request the erasure of personal data stored by the Zenith Energry, he or she may, at any time, contact any employee of the controller. An employee of Zenith Energy shall promptly ensure that the erasure request is complied with immediately.

   Where the controller has made personal data public and is obliged pursuant to Article 17(1) to erase the personal data, the controller, taking account of available technology and the cost of implementation, shall take reasonable steps, including technical measures, to inform other controllers processing the personal data that the data subject has requested erasure by such controllers of any links to, or copy or replication of, those personal data, as far as processing is not required. An employees of the Zenith Energy will arrange the necessary measures in individual cases.

   * e) Right of restriction of processing

   Each data subject shall have the right granted by the European legislator to obtain from the controller restriction of processing where one of the following applies:

   * The accuracy of the personal data is contested by the data subject, for a period enabling the controller to verify the accuracy of the personal data. 

   * The processing is unlawful and the data subject opposes the erasure of the personal data and requests instead the restriction of their use instead.

   * The controller no longer needs the personal data for the purposes of the processing, but they are required by the data subject for the establishment, exercise or defense of legal claims.

   * The data subject has objected to processing pursuant to Article 21(1) of the GDPR pending the verification whether the legitimate grounds of the controller override those of the data subject.

   If one of the aforementioned conditions is met, and a data subject wishes to request the restriction of the processing of personal data stored by the Zenith Energy, he or she may at any time contact any employee of the controller. The employee of the Zenith Energy will arrange the restriction of the processing. 

   * f) Right to data portability

   Each data subject shall have the right granted by the European legislator, to receive the personal data concerning him or her, which was provided to a controller, in a structured, commonly used and machine-readable format. He or she shall have the right to transmit those data to another controller without hindrance from the controller to which the personal data have been provided, as long as the processing is based on consent pursuant to point (a) of Article 6(1) of the GDPR or point (a) of Article 9(2) of the GDPR, or on a contract pursuant to point (b) of Article 6(1) of the GDPR, and the processing is carried out by automated means, as long as the processing is not necessary for the performance of a task carried out in the public interest or in the exercise of official authority vested in the controller.

   Furthermore, in exercising his or her right to data portability pursuant to Article 20(1) of the GDPR, the data subject shall have the right to have personal data transmitted directly from one controller to another, where technically feasible and when doing so does not adversely affect the rights and freedoms of others.

   In order to assert the right to data portability, the data subject may at any time contact any employee of the Zenith Energy.

   * g) Right to object

   Each data subject shall have the right granted by the European legislator to object, on grounds relating to his or her particular situation, at any time, to processing of personal data concerning him or her, which is based on point (e) or (f) of Article 6(1) of the GDPR. This also applies to profiling based on these provisions.

   The Zenith Energy shall no longer process the personal data in the event of the objection, unless we can demonstrate 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.

   If the Zenith Energy processes personal data for direct marketing purposes, the data subject shall have the right to object at any time to processing of personal data concerning him or her for such marketing. This applies to profiling to the extent that it is related to such direct marketing. If the data subject objects to the Zenith Energy to the processing for direct marketing purposes, the Zenith Energy will no longer process the personal data for these purposes.

   In addition, the data subject has the right, on grounds relating to his or her particular situation, to object to processing of personal data concerning him or her by the Zenith Energry for scientific or historical research purposes, or for statistical purposes pursuant to Article 89(1) of the GDPR, unless the processing is necessary for the performance of a task carried out for reasons of public interest.

   In order to exercise the right to object, the data subject may contact any employee of the Zenith Energy. In addition, the data subject is free in the context of the use of information society services, and notwithstanding Directive 2002/58/EC, to use his or her right to object by automated means using technical specifications.

   * h) Automated individual decision-making, including profiling

   Each data subject shall have the right granted by the European legislator not to be subject to a decision based solely on automated processing, including profiling, which produces legal effects concerning him or her, or similarly significantly affects him or her, as long as the decision (1) is not is necessary for entering into, or the performance of, a contract between the data subject and a data controller, or (2) is not authorised by Union or Member State law to which the controller is subject and which also lays down suitable measures to safeguard the data subject's rights and freedoms and legitimate interests, or (3) is not based on the data subject's explicit consent.

   If the decision (1) is necessary for entering into, or the performance of, a contract between the data subject and a data controller, or (2) it is based on the data subject's explicit consent, the Zenith Energry shall implement suitable measures to safeguard the data subject's rights and freedoms and legitimate interests, at least the right to obtain human intervention on the part of the controller, to express his or her point of view and contest the decision.

   If the data subject wishes to exercise the rights concerning automated individual decision-making, he or she may, at any time, contact any employee of the Zenith Energry.

   * i) Right to withdraw data protection consent 

   Each data subject shall have the right granted by the European legislator to withdraw his or her consent to processing of his or her personal data at any time. 

   If the data subject wishes to exercise the right to withdraw the consent, he or she may, at any time, contact any employee of the Zenith Energy.

9. Data protection provisions about the application and use of Google Analytics (with anonymization function)

   On this website, the controller has integrated the component of Google Analytics (with the anonymizer function). Google Analytics is a web analytics service. Web analytics is the collection, gathering, and analysis of data about the behavior of visitors to websites. A web analysis service collects, inter alia, data about the website from which a person has come (the so-called referrer), which sub-pages were visited, or how often and for what duration a sub-page was viewed. Web analytics are mainly used for the optimization of a website and in order to carry out a cost-benefit analysis of Internet advertising.

   The operator of the Google Analytics component is Google Inc., 1600 Amphitheatre Pkwy, Mountain View, CA 94043-1351, United States.

   For the web analytics through Google Analytics the controller uses the application "_gat. _anonymizeIp". By means of this application the IP address of the Internet connection of the data subject is abridged by Google and anonymised when accessing our websites from a Member State of the European Union or another Contracting State to the Agreement on the European Economic Area.

   The purpose of the Google Analytics component is to analyze the traffic on our website. Google uses the collected data and information, inter alia, to evaluate the use of our website and to provide online reports, which show the activities on our websites, and to provide other services concerning the use of our Internet site for us.

   Google Analytics places a cookie on the information technology system of the data subject. The definition of cookies is explained above. With the setting of the cookie, Google is enabled to analyze the use of our website. With each call-up to one of the individual pages of this Internet site, which is operated by the controller and into which a Google Analytics component was integrated, the Internet browser on the information technology system of the data subject will automatically submit data through the Google Analytics component for the purpose of online advertising and the settlement of commissions to Google. During the course of this technical procedure, the enterprise Google gains knowledge of personal information, such as the IP address of the data subject, which serves Google, inter alia, to understand the origin of visitors and clicks, and subsequently create commission settlements.

   The cookie is used to store personal information, such as the access time, the location from which the access was made, and the frequency of visits of our website by the data subject. With each visit to our Internet site, such personal data, including the IP address of the Internet access used by the data subject, will be transmitted to Google in the United States of America. These personal data are stored by Google in the United States of America. Google may pass these personal data collected through the technical procedure to third parties. 

   The data subject may, as stated above, prevent the setting of cookies through our website at any time by means of a corresponding adjustment of the web browser used and thus permanently deny the setting of cookies. Such an adjustment to the Internet browser used would also prevent Google Analytics from setting a cookie on the information technology system of the data subject. In addition, cookies already in use by Google Analytics may be deleted at any time via a web browser or other software programs.

   In addition, the data subject has the possibility of objecting to a collection of data that are generated by Google Analytics, which is related to the use of this website, as well as the processing of this data by Google and the chance to preclude any such. For this purpose, the data subject must download a browser add-on under the link https://tools.google.com/dlpage/gaoptout and install it. This browser add-on tells Google Analytics through a JavaScript, that any data and information about the visits of Internet pages may not be transmitted to Google Analytics. The installation of the browser add-ons is considered an objection by Google. If the information technology system of the data subject is later deleted, formatted, or newly installed, then the data subject must reinstall the browser add-ons to disable Google Analytics. If the browser add-on was uninstalled by the data subject or any other person who is attributable to their sphere of competence, or is disabled, it is possible to execute the reinstallation or reactivation of the browser add-ons.

   Further information and the applicable data protection provisions of Google may be retrieved under https://www.google.com/intl/en/policies/privacy/ and under http://www.google.com/analytics/terms/us.html. Google Analytics is further explained under the following Link https://www.google.com/analytics/.

10. Legal basis for the processing 

    Art. 6(1) lit. a GDPR serves as the legal basis for processing operations for which we obtain consent for a specific processing purpose. If the processing of personal data is necessary for the performance of a contract to which the data subject is party, as is the case, for example, when processing operations are necessary for the supply of goods or to provide any other service, the processing is based on Article 6(1) lit. b GDPR. The same applies to such processing operations which are necessary for carrying out pre-contractual measures, for example in the case of inquiries concerning our products or services. Is our company subject to a legal obligation by which processing of personal data is required, such as for the fulfillment of tax obligations, the processing is based on Art. 6(1) lit. c GDPR. In rare cases, the processing of personal data may be necessary to protect the vital interests of the data subject or of another natural person. This would be the case, for example, if a visitor were injured in our company and his name, age, health insurance data or other vital information would have to be passed on to a doctor, hospital or other third party. Then the processing would be based on Art. 6(1) lit. d GDPR. Finally, processing operations could be based on Article 6(1) lit. f GDPR. This legal basis is used for processing operations which are not covered by any of the abovementioned legal grounds, if processing is necessary for the purposes of the legitimate interests pursued by our company or by a third party, except where such interests are overridden by the interests or fundamental rights and freedoms of the data subject which require protection of personal data. Such processing operations are particularly permissible because they have been specifically mentioned by the European legislator. He considered that a legitimate interest could be assumed if the data subject is a client of the controller (Recital 47 Sentence 2 GDPR). 

11. The legitimate interests pursued by the controller or by a third party

    Where the processing of personal data is based on Article 6(1) lit. f GDPR our legitimate interest is to carry out our business in favor of the well-being of all our employees and the shareholders.

12. Period for which the personal data will be stored

    The criteria used to determine the period of storage of personal data is the respective statutory retention period. After expiration of that period, the corresponding data is routinely deleted, as long as it is no longer necessary for the fulfillment of the contract or the initiation of a contract.

13. Provision of personal data as statutory or contractual requirement; Requirement necessary to enter into a contract; Obligation of the data subject to provide the personal data; possible consequences of failure to provide such data 

    We clarify that the provision of personal data is partly required by law (e.g. tax regulations) or can also result from contractual provisions (e.g. information on the contractual partner). Sometimes it may be necessary to conclude a contract that the data subject provides us with personal data, which must subsequently be processed by us. The data subject is, for example, obliged to provide us with personal data when our company signs a contract with him or her. The non-provision of the personal data would have the consequence that the contract with the data subject could not be concluded. Before personal data is provided by the data subject, the data subject must contact any employee. The employee clarifies to the data subject whether the provision of the personal data is required by law or contract or is necessary for the conclusion of the contract, whether there is an obligation to provide the personal data and the consequences of non-provision of the personal data. 

14. Existence of automated decision-making

    As a responsible company, we do not use automatic decision-making or profiling.

    This Privacy Policy has been generated by the Privacy Policy Generator of the DGD - Your External DPO that was developed in cooperation with German Lawyers from WILDE BEUGER SOLMECKE, Cologne. 

Overview

Zenith Energy U.S. LP, including its subsidiaries and affiliates (“we”, “us”, “our”, the “Company”). “You” or “Your” or “Worker” refers to you as a full or part-time employee of the Company.

The Company values and respects your privacy and takes the necessary means to ensure its protection.

In this Worker Privacy Policy and notice (“Worker Privacy Policy”), we describe what information we collect from you, why we collect it and use it, and your rights with respect to this information. This Worker Privacy Policy contains the policies, procedures, and practices to be followed by the Company pertaining to the collection, use, and disclosure of Personal Information and data (“Personal Information”) of an identifiable person that is a present, future, or past employee of the Company.

If you have any questions regarding this Worker Privacy Policy, please do not hesitate to reach out to Human Resources. Our goal is to make sure that you understand your rights and our obligations under this Worker Privacy Policy.

While this Worker Privacy Policy is intended to describe the broadest range of our information processing activities, those processing activities may be more limited in some jurisdictions based on the restrictions of their laws. For example, the laws of a particular state may limit the types of Personal Information we can collect or the manner in which we process that information. In those instances, we adjust our internal policies and practices to reflect the requirements of local law.

For specific privacy policies applicable to the entity by which you are employed please contact Human Resources.

California residents should review Appendix A for notice required under the California Consumer Privacy Act. 

We are a U.S. company with our headquarters in Houston, TX. This means that Personal Information may be used, processed, and transferred to our headquarters, corporate offices and other states and territories, and that these jurisdictions may not offer the same level of data protection as the state where you reside.

However, we will ensure that appropriate or suitable safeguards are in place to protect your Personal Information and that the transfer of your Personal Information is in compliance with applicable privacy and data protection laws. 

Who is Collecting your Personal Information?

The Company will be the entity that is responsible for collecting your Personal Information. 

However, please note that the Company operates a group-wide IT system in order to harmonize our IT infrastructure and its use (the “System”). Therefore, the Company’s subsidiaries and affiliates may also collect or process your Personal Information on behalf of the Company.

The System also holds data on all Workers. Insofar as the System serves to improve and harmonize most of the human resources (“HR”) processes within the Company.

Applicability of Other Privacy Policies

The websites of the Company or its affiliates and subsidiaries may have separate privacy policies and terms of use that apply to their use. Additionally, some of our products and services may have separate privacy policies and terms of use that apply to their use. Any of your Personal Information collected in connection with your use of those websites or products and services are not subject to this Worker Privacy Policy.

Third Party Services

In some cases, you may provide Personal Information to third parties that the Company works with or that provide services to the Company. This includes, for example, ADP Human Resources Information systems, benefits providers, training platforms, and security or access software providers at our facilities. The use of such third-party websites may be governed by separate terms of use and privacy policies which are not under our control and are not subject to this Worker Privacy Policy. Please contact such third parties for questions regarding their privacy practices, as well as if you would like to have them delete your Personal Information.

What is Personal Information?

Personal Information, also known as personally identifiable information or personal data, for purposes of this Worker Privacy Policy means any information that (i) directly and clearly identifies an individual, or (ii) can be used in combination with other information to identify an individual. Personal Information does not include such information if it is anonymous or if it has been rendered de-identified by removing personal identifiers or that is considered publicly available.

Please note that for California residents, the term Personal Information means information that identifies, relates to, describes, is reasonably capable of being associated with or could reasonably be linked, directly or indirectly, with a particular consumer or household as defined in the CCPA.

Examples of Personal Information include:

• An individual’s name.
• Employee ID number.
• Home address.
• Home phone number.
• Personal email address.
• Names of family members.
• Date of birth.

What is Sensitive Personal Information?

Sensitive Personal Information is a subset of Personal Information that may be more sensitive in nature for the individual concerned. Examples of sensitive Personal Information include:

• Race and ethnic information.
• Sexual orientation.
• Biometric data.
• Social security or other taxpayer/government issued identification numbers.
• Financial information.
• Criminal records.⁠

⁠What Personal Information Do We Collect?

We collect and maintain different types of Personal Information about you in accordance with applicable law. This includes the following: 

• Name, gender, home address and telephone number, date of birth, marital status, employee identification number, and emergency contacts.
• Residency and work permit status, military status, nationality and passport information.
• Social security or other taxpayer/government identification number.
• Payroll information, banking details.
• Wage and benefit information.
• Retirement account information.
• Sick pay, Vacation or Paid Time Off (“PTO”), retirement accounts, , insurance and other benefits information (including the gender, age, nationality and passport information for any spouse, minor children or other eligible dependents and beneficiaries).
• Information from interviews and phone-screenings you may have had, if any.
• Date of hire, date(s) of promotions(s), work history, technical skills, educational background, professional certifications and registrations, language capabilities, and training records.
• Beneficiary and emergency contact information.
• Forms and information relating to the application for, or in respect of changes to, employee health and welfare benefits; including, short- and long-term disability, medical and dental care, etc.
• Clothing sizes,
• Records of work absences, vacation/paid time off, entitlement and requests, salary history and expectations, performance appraisals, letters of appreciation and commendation, and disciplinary and grievance procedures (including monitoring compliance with and enforcing our policies).
• Where permitted by law and applicable we may collect the results of credit and criminal background checks, the results of drug and alcohol testing, screening, health certifications, driver’s license number, vehicle registration and driving history.
• Information required for us to comply with laws, the requests and directions of law enforcement authorities or court orders (e.g., child support and debt payment information).
• Acknowledgements regarding our policies, including employee handbooks, ethics and/or conflicts of interest policies and computer and other corporate resource usage policies.
• Information captured on security systems, including Closed Circuit Television (“CCTV”) and key card entry systems.
• Voicemails, e-mails, correspondence, documents, and other work product and communications created, stored or transmitted using our networks, applications, devices, computers or communications equipment.
• Date of resignation or termination, reason for resignation or termination, information relating to administering termination of employment (e.g. references).
• Letters of offer and acceptance of employment.
• Your resume or CV, cover letter, previous and/or relevant work experience or other experience, education, transcripts, or other information you provide to us in support of an application and/or the application and recruitment process.
• References and interview notes.
• Information relating to any previous applications you may have made to the Company and/or any previous employment history with the Company.

Apart from Personal Information relating to yourself, you may also provide us with Personal Information of third parties, notably your dependents and other family members, for purposes of your HR administration and management, including the administration of benefits and to contact your next-of-kin in an emergency. Before you provide such third-party Personal Information to us you must first inform these third parties of any such data which you intend to provide and of the processing to be carried out by us. You must ensure and secure evidence that these third parties, or their legal representatives if they are minors, have given their free and express consent that their Personal Information may be processed by the Company and/or its affiliates and subcontractors for the purposes described in this Privacy Policy. 

How Do We Collect Personal Information?

Generally, we collect Personal Information directly from you in circumstances where you provide Personal Information (during the onboarding process, for example). However, in some instances, the Personal Information we collect has been inferred about you based on other information you provide us, through your interactions with us, or from third parties. When we collect your Personal Information from third parties it is either because you have given us express consent to do so, your consent was implied by your actions (e.g., your use of a third-party employee service made available to you by us), or because you provided explicit consent to the third party to provide the Personal Information to us or the third party otherwise has the right to provide the Personal Information to us.

Where permitted or required by applicable law or regulatory requirements, we may collect Personal Information about you without your knowledge or consent. We reserve the right to monitor the use of our premises, equipment, devices, computers, network, applications, software, and similar assets and resources. In the event such monitoring occurs, it may result in the collection of Personal Information about you. This monitoring may include the use of Close Circuit TV cameras in and around our premises. If required by applicable law, we will notify you of such monitoring and obtain your consent. 

How Do We Use Your Personal Information?

We may collect and process your Personal Information in our systems for various purposes subject to local laws and any applicable collective bargaining agreements, including:

• Recruitment, training, development, promotion, career and succession planning;
• Appropriate vetting for recruitment and team allocation including, where relevant and appropriate credit checks, right to work verification, identity fraud checks, relevant employment history, relevant regulatory status and professional qualifications; 
• Providing and administering remuneration, salary, benefits and incentive schemes and providing relevant information to payroll;
• Allocating and managing duties and responsibilities and the business activities to which they relate;
• Managing and operating conduct, performance, capability, absence and grievance related reviews, allegations, complaints, investigations and processes and other informal and formal HR processes and making related management decisions;
• Conducting surveys for benchmarking and identifying improved ways of working employee relations and engagement at work (these will often be anonymous but may include profiling data such as age to support analysis of results);
• Processing information about absence or medical leave regarding physical or mental health or condition in order to assess eligibility for incapacity or permanent disability related remuneration or benefits, determine fitness for work, facilitate a return to work, make adjustments or accommodations to duties or the workplace and make management decisions regarding employment or engagement or continued employment or engagement or redeployment and conduct related management processes;
• For planning, managing and carrying out restructuring or redundancies or other change programs including appropriate consultation, selection, alternative employment searches and related management decisions;
• Operating email, IT, Internet, intranet, social media, HR related and other company policies and procedures. The company carries out monitoring of its IT systems to protect and maintain the systems, to ensure compliance with its policies and to locate information through searches where needed for a legitimate business purpose;
• Complying with applicable laws and regulation;
• Monitoring programs to ensure equality of opportunity and diversity with regard to personal characteristics protected under local anti-discrimination laws;
• Planning, due diligence and implementation in relation to a commercial transaction or service transfer involving the Company that impacts on your relationship with the Company (for example mergers and acquisitions or a transfer of your employment under automatic transfer rules);
• For business operational and reporting documentation such as the preparation of annual reports or tenders for work or client team records including the use of your personal photo;
• In order to operate the relationship with third party customer and suppliers including the disclosure of relevant vetting information in line with the appropriate requirements of regulated customers to those customers, contact or professional CV details or resume, or or disclosure of information to data processors for the provision of services to the Company;
• Where relevant for publishing appropriate internal or external communications or publicity material including via social media in appropriate circumstances, provided that privacy rights are preserved;
• To support HR administration and management and maintaining and processing general records necessary to manage the employment or worker relationship and operate the contract of employment or engagement;
• To centralize HR administration and management processing operations in an efficient manner for the benefit of our employees and to change access permissions;
• To provide support and maintenance for the System; 
• To enforce our legal rights and obligations, and for any purposes in connection with any legal claims made by, against or otherwise involving you;
• To comply with lawful requests by public authorities (including without limitation to meet national security or law enforcement requirements), discovery requests, or where otherwise required or permitted by applicable laws, court orders, government regulations, or regulatory authorities (including without limitation data protection, tax and employment), whether within or outside your state; and 
• Other purposes permitted by applicable privacy and data protection legislation including where applicable, legitimate interests pursued by the Company where this is not overridden by the interests or fundamental rights and freedoms of employees.

Sharing Personal Information

Your Personal Information may be shared, including to our affiliates, subsidiaries, and other third parties, as follows:

• Where you request us or provide your consent to us.
• In order to carry out the uses of Personal Information described above (see, How We Process and Use Your Personal Information).
• When using or collaborating with third parties in the operation of our business, including in connection with providing many of the benefits and services we offer our employees (e.g., human resources information systems, financial investment service providers, insurance providers). When we share Personal Information with third parties we typically require that they only use or disclose such Personal Information in a manner consistent with the use and disclosure provisions of this Privacy Policy and applicable law.
• We may buy or sell businesses and other assets. In such transactions, employee information is generally one of the transferred business assets and we reserve the right to include your Personal Information as an asset in any such transfer. Also, in the event that we, or substantially all of our assets, are acquired, your Personal Information may be one of the transferred assets.
• Where required by law, by order or requirement of a court, administrative agency, or government tribunal, which includes in response to a lawful request by public authorities, including to meet national security or law enforcement requirements or in response to legal process.
• If we determine it is necessary or desirable to comply with the law or to protect or defend our rights or property.
• As necessary to protect the rights, privacy, safety, or property of an identifiable person or group or to detect, prevent or otherwise address fraud, security or technical issues, or to protect against harm the rights, property or safety of the Company, our users, applicants, candidates, employees or the public or as otherwise required by law.
• Where the Personal Information is public.
• To seek advice from our lawyers and other professional advisors.
• To professional advisors (e.g. bankers, lawyers, accountants) and potential buyers and vendors in connection with the sale, disposal or acquisition by use of a business or assets.

NOTE: we do not sell your Personal Information as those terms are defined under applicable privacy laws.

Resolving Concerns

If you have questions or concerns regarding the handling of your Personal Information, please contact your Human Resources Department. Alternatively, you may also anonymously report violations of our Worker Privacy Policy or any relevant law online at www.lighthouse-services.com/zenithemus, via email at reports@lighthouse-services.com or by phone at 844-990-0002.

Changes to Privacy Policy

We may change this Privacy Policy at any time. If we do so, we will inform you via the email address that you provided during your onboarding process and/or your work email with the Company. The effective date of this Worker Privacy Policy is set forth above.

Security of Collected Information

We are committed to protecting the security of the Personal Information collected, and we take reasonable physical, electronic, and administrative safeguards to help protect the information from unauthorized or inappropriate access or use. 

You, and any other employee of the Company, are obligated to keep confidential any and all information, including Personal Information, that you obtained or accessed while working for the Company. This includes any information that you obtained while using any of the Company’s facilities, electronic devices, the System, or any other source of information, digital or tangible, that belongs to the Company or is under the Company’s control or ownership.

If you have, accidently or not, accessed information that you are not allowed to access under your job definition, you must immediately report the incident to your supervisor, HR, and the legal department.

Appendix A - Privacy Notice under the California Privacy Rights Act (“California Notice”)

If you are a California resident and a Worker of the Company, this serves as our privacy notice to you in compliance with the California Consumer Privacy Act (“CCPA”) and the California Privacy Rights Act (“CPRA”). We will refer to the CCPA and CPRA collectively as “California Privacy Laws”.

This California Notice refers only to the rights of California residents under the California Privacy Laws. However, other California laws may govern access to certain employment records. For example, California Labor Code Section 1198.5 governs an employee’s right to inspect and receive a copy of certain personnel records the employer maintains relating to the employee’s performance or any grievance concerning the employee. We reserve the right to object to a request under this California Notice to the extent it conflicts with obligations we may have under such other California laws or federal laws.

This California Notice supplements our Worker Privacy Policy.

Under the California Privacy Laws, Personal Information for purposes of this notice is information that identifies, relates to, describes, is reasonably capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular consumer or household.

Notice at Collection

The following list the categories of Personal Information from Workers, the purposes for the collection, and whether that information is sold or shared. For retention purposes, we maintain all Personal Information for the period of employment, and thereafter as required by law or as set forth in our retention policy. We do not sell or share the Personal Information of any California Workers or any California residents under 16 years of age.

Notice of Personal Information Collected and Disclosed in Past 12 Months

This will serve as notice of the Personal Information collected in the past 12 months from Workers, the Business or Commercial Purpose of the collection, and the categories of sources of the Personal Information. We have collected the following categories of Personal Information: Identifiers; Personal information categories listed in the California Customer Records statute (Cal. Civ. Code § 1798.80(e)); Protected classification characteristics under California or federal law; Internet or other similar network activity; Geolocation data; Audio, electronic, visual, thermal, olfactory, or similar information; Professional or employment-related information; Education information, defined as information that is not publicly available personally identifiable information as defined in the Family Educational Rights and Privacy Act (20 U.S.C. Sec. 1232g; 34 C.F.R. Part 99); Inferences drawn from any of the information identified in this subdivision to create a profile about a consumer reflecting the consumer’s preferences, characteristics, psychological trends, predispositions, behavior, attitudes, intelligence, abilities, and aptitudes; and Sensitive Personal Information.

We use each category of Personal Information for the business or commercial purposes listed under “Purpose” in the Notice at Collection and in the section entitled How Do We Use Your Personal Information?

The following are the categories of sources of the Personal Information collected:

• California Workers
• Recruiters or Online Employment Marketplaces (such as Indeed)
• Benefits Providers
• Payroll Providers
• Training Providers
• Security Systems Providers
• Badge Access Providers
• IT Service Providers and Data Analytics Providers
• Consumer Credit Agencies

Statement of Disclosure of Personal Information in the Past 12 months

In the past 12 months, we have disclosed all of the categories of Personal Information listed above to entities—such as payroll providers, benefits administrators, security companies—that perform services on our behalf. We have also disclosed all of the categories of California Worker Personal Information listed in the California Notice at Collection—except biometric and geolocation data—to governmental entities and counsel representing third parties in response to legal process and legal proceedings. We have also disclosed limited contact information—name and email address—to vendors and customers for customer service, contracting and business development, and general operational purposes.

Statement Regarding Use and Disclosure of Sensitive Personal Information

The Company only uses and discloses sensitive personal information that it collects about California Workers for the purposes specified in Civil Code section 1798.121(a). The Company does not infer characteristics about you regarding your sensitive personal information.

Your Rights Under California Privacy Laws

You have the following rights under California Privacy Laws:

• The right to know what Personal Information we have collected about you, including the categories of Personal Information, the categories of sources from which the Personal Information is collected, the business or commercial purpose for collecting, selling, or sharing Personal Information, the categories of third parties to whom we have disclosed Personal Information, and the specific pieces of Personal Information we have collected about you (“Request to Know”);
• The right to delete Personal Information that we have collected from you, subject to certain exceptions (“Request to Delete”); 
• The right to correct inaccurate Personal Information that we maintain about you (“Request to Correct”);
• If we sell or share your Personal Information, the right to opt-out of the sale or sharing of your Personal Information. Since we do not sell or share your Personal Information, we are not required to provide this opt-out; 
• If we use or disclose your Sensitive Personal Information for reasons other than those permitted under the California Privacy Laws, the right to limit the use or disclosure of your sensitive Personal Information. Since we do not infer characteristics about you based on your Sensitive Personal Information or use or disclose your Sensitive Personal Information for uses not specified in Section 1798.121(a), we do not have to offer this right to limit; and 
• The right not to receive discriminatory treatment by the business for the exercise of privacy rights conferred by the CCPA, including your right not to be retaliated against for the exercise of your CCPA rights. 
  

Methods For Submitting Requests

You may submit Requests to Know, Requests to Correct and Requests to Delete in one of the following methods: (a) sending an email to dataprotection@zenithterminals.com; or (b) by calling the following number: 844-990-0002. In the case of a Request to Delete, we may use a two-step process for online requests to delete, where you must (1) submit the Request to Delete and then (2) separately confirm that you want your Personal Information deleted.

Verification of Requests

We will need to verify your identity to respond to Requests to Know, Requests to Correct, and Requests to Delete. Depending on the nature of the request and the Personal Information that is the subject of the request, we may request two or more pieces of Personal Information, including a government-issued identification, for the purpose of verifying identity, and a signed declaration, under penalty of perjury, that the requestor is the person whose Personal Information is the subject of the request.

Authorized Agent

As a California resident, you have the right to designate an agent to exercise these rights on your behalf. In such a case, we may require you to do either of the following: (1) verify your own identity directly with us or (2) directly confirm with the Company that you have provided the authorized agent permission to submit the request. Alternatively, you or your authorized agent can provide us a power of attorney pursuant to Probate Code sections 4121 through 4130. Please contact us at dataprotection@zenithterminals.com for more information if you wish to submit a request through an authorized agent.

Contact Us

If you have questions about our privacy policies or practices or this California Notice, please contact us at dataprotection@zenithterminals.com.

Back to top ↑