Privacy Policy

PRIVACY NOTICE - LOADGATE APPLICATION

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1. Introduction

Purpose of This Privacy Notice

This privacy notice explains how Emisha Technologies FZ-LLC (“Emisha”), part of the ALEC Holdings PJSC group of companies (the “Group”) collects and processes your Personal Data when you use the Loadgate application (the “Application”)and any products, services, content, features, or functions offered to you in connection with a Loadgate user account (the “Services”). It describes your privacy rights and how applicable laws protect your Personal Data.

Our approach to data privacy is governed by the UAE Federal Decree by Law No 45 of 2021 Concerning the Protection of Personal Data. In some cases, other laws may also be relevant to the Personal Data we process.

By using the Application, you consent to the processing of your Personal Data as described in this notice.

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Controller‍

Emisha is the controller responsible for the processing of your Personal Data. References to “we,” “us,” or “our” in this policy mean Emisha Technologies FZ-LLC or any affiliate company that is part of the Group.

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Contact Details

If you have questions about this privacy notice or our privacy practices, including requests to exercise your legal rights, please contact the team at Loadgate using the below email address:

Email address: reachus@loadgate.com

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Your Duty to Inform Us of Changes

It is important that the Personal Data we hold about you is accurate and current. Please inform us of any changes to your Personal Data during your relationship with us.

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2. The Data We Collect About You

“Personal Data” refers to any information about an identified natural person, or a natural person who can be identified, directly or indirectly, through the linking of data, by reference to an identifier such as his or her name, voice, picture, identification number, electronic identifier, geographical location. Data where the identity has been removed (anonymous data) is not considered Personal Data.

We may collect, use, store, and transfer different types of Personal Data about you,grouped as follows:

  • ‍Account Information: Includes details linked to your Loadgate user account, such as your first name, last name, username or similar identifier, email address, title, date of birth, gender, company name and address, and other contact information and account credentials.‍
  • Technical Data: Automatically collected as you interact with our Application, including your IP address, login data, browser type and version, time zone setting and location, browser plug-in types and versions, operating system and platform, and other technologies used to access the Application.‍
  • Usage Data: Includes Personal Data in the inputs you provide, files you upload, feedback you submit for our Services, and information on how you use our Application.
  • ‍Marketing and Communications Data:Covers your preferences for receiving marketing communications from us and your communication preferences.

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We also collect, use, and share Aggregated Data, such as statistical or demographic data, for any purpose. Aggregated Data may be derived from your Personal Data but is not considered Personal Data under the law because it does not directly or indirectly reveal your identity. For example, we may aggregate Usage Data to calculate the percentage of users accessing a specific feature. However, if we combine or connect Aggregated Data with your Personal Data in away that could directly or indirectly identify you, we treat the combined data as Personal Data and use it according to this privacy notice.

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We do not collect any Special Categories of Personal Data (such as sensitive information about ethnicity, religious or philosophical beliefs, political opinions, trade union membership, health information, or genetic and biometric data). We also do not collect information about criminal convictions and offenses. Please do not submit sensitive Personal Data to us. If you have inadvertently or intentionally shared sensitive Personal Data, you will be considered to have explicitly consented to us processing it for the purpose of deletion.

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3. How We Use Your Personal Data

We will only use your Personal Data when permitted by law. Most commonly, we use your Personal Data in the following circumstances:

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·       Processing Personal Data which is necessary for the purpose of a contract to which you (or the company on behalf of which you are acting) are/is a party, or to take steps at your request before entering into such a contract;

  • Where we need to comply with a legal obligation or regulatory requirements;
  • To defend a legal claim;
  • To protect the public interest;
  • Where applicable, with your consent.

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Marketing Offers from Us

We may use your account, technical, usage, and profile data to form a view on what we think you may want or need, or what may be of interest to you. This helps us decide which services may be relevant for you. You accept that we may send you marketing content about our services and products.

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Third-Party Marketing

We will obtain your express opt-in consent before sharing your Personal Data with any third party for marketing purposes.

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Opting Out

You can ask us to stop sending you marketing messages at any time by logging into the Application and adjusting your marketing preferences, or by following the opt-out links in any marketing message sent to you, or by contacting us at anytime.

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Change of Purpose

We will only use your Personal Data for the purposes for which we collected it, unless we reasonably consider that we need to use it for another reason and that reason is compatible with the original purpose. If you wish to get an explanation as to how the processing for the new purpose is compatible with the original purpose, please contact us.

If we need to use your Personal Data for an unrelated purpose, we will notify you and explain the legal basis which allows us to do so.

Please note that we may process your Personal Data without your knowledge or consent, in compliance with the above rules, where this is required or permitted by law.

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5. Disclosures of Your Personal Data

We may share your Personal Data with the parties set out below for the purposes described above and with third parties who process your information on our behalf as necessary to enable us to run the Application and our business:

  • ‍Members of our group companies for internal reasons, primarily for business and operational purposes.‍
  • Contractors, consultants, and service providers who need the information to assist us in providing the Services, including those who provide products or services to us or on our behalf, and those who collaborate with us to provide the Services.‍
  • Professional advisers, including lawyers, bankers, auditors, and insurers based in the United Arab Emirates, who provide consultancy, banking, legal, insurance, and accounting services.‍
  • Third parties to whom we may choose to sell, transfer, or merge parts of our business or our assets. Alternatively, we may seek to acquire other businesses or merge with them. If a change happens to our business, then the new owners may use yourPersonal Data in the same way as set out in this privacy notice.

We require all third parties to respect the security of your Personal Data and to treat it in accordance with the law. We do not allow our third-party service providers to use your Personal Data for their own purposes and only permit them to process your Personal Data for specified purposes and in accordance with our instructions.

We may share your Personal Data with any other person if we notify you and obtain your consent to the disclosure.

In certain circumstances, we will need to disclose your Personal Data for legal reasons:

  • ‍Compliance with a legal obligation or regulatory requirement: We may be required to disclose your Personal Data pursuant to a court order or subpoena.
  • ‍Suspicion of criminal acts or threats to public security: If we suspect potential or actual criminal conduct, we may need to contact the appropriate authority and share yourPersonal Data to prevent or stop criminal activity, in the public interest.
  • Enforcing our legal rights.

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6. Transfers

Emisha, the collector of Personal Data, is based in the United Arab Emirates. We also share your Personal Data within our group companies based in the United ArabEmirates and abroad.

We ensure your Personal Data is protected by requiring all our group companies to follow the same rules when processing your Personal Data.

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7. Where Do We Store Your Personal Data

The Personal Data that we collect from you may be securely transferred to and stored on our databases located on our secure servers and in backup locations in the UAE.

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8. Data Security

We have implemented appropriate security measures to prevent your Personal Data from being accidentally lost, used or accessed in an unauthorized way, altered, or disclosed. Access to your Personal Data is limited to employees, agents, contractors, and other third parties who have a business need to know. They will only process your Personal Data on our instructions and are subject to a duty of confidentiality.

We have procedures in place to deal with any suspected Personal Data breach and will notify you and any applicable regulator of a breach where we are legally required to do so.

Despite our safeguards and efforts to secure your Personal Data, no electronic transmission or information storage technology can be guaranteed to be 100% secure, so we cannot promise or guarantee that hackers, cybercriminals, or other unauthorized third parties will not be able to improperly collect, access, steal, or modify your Personal Data.

Although we will do our best to protect your Personal Data, transmission of Personal Data to and from ourServices is at your own risk.

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9. Data Retention
How Long Will We Use Your Personal Data For?

We will only retain your Personal Data for as long as reasonably necessary to fulfill the purposes we collected it for, including for satisfying any legal, regulatory, tax, accounting, or reporting requirements. We may retain your Personal Data for a longer period in the event of a complaint or if we reasonably believe there is a prospect of litigation related to our relationship with you.

To determine the appropriate retention period for Personal Data, we consider the amount, nature, and sensitivity of the Personal Data, the potential risk of harm from unauthorized use or disclosure, the purposes for which we process your Personal Data and whether we can achieve those purposes through other means, and all applicable legal, regulatory, tax, accounting, or other requirements.

In some circumstances, you can ask us to delete your Personal Data. See your legal rights below for further information.

In some circumstances, we may anonymise your Personal Data (so that it can no longer be associated with you) for research or statistical purposes, in which case we may use this information indefinitely without further notice to you.

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10. Your Legal Rights

Under certain circumstances, you have rights under data protection laws in relation to your Personal Data:

  • ‍The right to object to processing: You have the right to object to certain types of processing, including processing for direct marketing (i.e., if you no longer want to be contacted with potential opportunities).‍
  • The right to be informed: You have the right to be provided with clear, transparent, and easily understandable information about how we use your information and your rights.This is why we are providing you with the information in this Notice.‍
  • The right of access: You have the right to obtain access to your information. This is so you are aware and can check that we are using your information in accordance with applicable law.‍
  • The right to rectification:You are entitled to have your information corrected if it is inaccurate or incomplete.‍
  • The right to erasure: Also known as ‘the right to be forgotten,’ this enables you to request the deletion or removal of your information where there is no compelling reason for us to keep using it. This is not a general right to erasure; there are exceptions.‍
  • The right to restrict processing:You have rights to ‘block’ or suppress further use of your information. When processing is restricted, we can still store your information, but may not use it further. We keep lists of people who have asked for no further use of their information to be ‘blocked’ to make sure the restriction is respected in future.‍
  • The right to data portability: You have rights to obtain and reuse your Personal Data for your own purposes across different services. For example, if you decide to switch to a new provider, this enables you to move, copy, or transfer your information easily between our IT systems and theirs safely and securely, without affecting its usability.‍
  • The right to lodge a complaint: You have the right to lodge a complaint about the way we handle or process yourPersonal Data.‍
  • The right to withdraw consent: If you have given your consent to anything we do with your Personal Data, you have the right to withdraw your consent at any time (although withdrawal does not make prior use unlawful).

If you wish to exercise any of the rights set out above, please contact us at reachus@loadgate.com.

       

No Fee Usually Required

You will not have to pay a fee to access your Personal Data or to exercise any of the other rights. However, we may charge a reasonable fee if your request is clearly unfounded, repetitive, or excessive. Alternatively, we may refuse to comply with your request in these circumstances.

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Time Limit to Respond

We try to respond to all legitimate requests within one month. Occasionally, it could take longer than a month if your request is particularly complex or you have made a number of requests. In this case, we will notify you and keep you updated