JINGDONG Logistics Privacy Policy for Sellers
JINGDONG LOGISTICS (NETHERLANDS) B.V., with its registered address atKazernestraat 19, 5928 NL Venlo, Netherlands(“JINGDONG Logistics”, "we", "us" or "our"), as controller of the personal data that you provide to us, attaches great importance to the protection of individuals’ privacy and personal information. We collect and use the personal information that you provide to us when you use our services. This JINGDONG LogisticsPrivacy Policy for Sellers (the "Policy") explains to you how we and other members of the JINGDONG Logisticsgroup collect, use, save, share and transfer information when you or any individuals acting on your behalf (your “Personnel”) use our services, and the way we provide for you and your Personnel to update, delete and protect that information. The Policy explains the following: A.How we collect and use your personal information B.Purposes for collecting your personal information C.How we use cookies and similar technologies D.Legal bases for collecting your personal information E.How we share, transfer or make available your personal information F.How we protect your personal information G.Personal information preservation and retention H.How to manage your personal information and your rights I.Protection of minors' information J.Notices and amendments K.How to contact us The Policy is closely related to services made available to you by JINGDONG Logistics and various business functions included in the foregoing services ("our services"). Before using our services, you are kindly requested to read the Policy carefully, ensure that you fully understand it and provide a copy of the Policy to your Personnel so that they understand how we may use their personal information. The Policy tries to apply clear and concise terminology and provides links to further explanations for your better understanding. If you have any questions about the Policy or related issues, you can at any time email us at contact@jd.com or contact us otherwise using the details set out at Section K below. A.How we collect and use your personal information Personal information refers to various information that is recorded electronically or otherwise and can be used alone or in combination with other information to identify a specific natural person or reflect the activities of such a person. The personal information that we collect will include: the name, account name, password, IP address, e-mail address, mobile phone number and identification number of the JINGDONG Logistics user; the name, address, contact details (including mobile and fixed-line phone number and email address), national ID and shipment information of the consignee; and cookies-related information (as explained further in Section C below). B.Purposes for collecting your personal information Our services include a number of core functions, which comprise: those necessary for us to providelocal and cross-border logistics services, such asproviding freight forwarding services, including warehousing services, arranging and consolidating transportation services, providing import and export customs services, and providing other value-added logistic service resources, as well as supply chain service solutions; and those necessary for protecting the security of our transactions and our shipments. These functions may not be made available to you before we collect, store and use the following information related to you. If you do not provide the relevant information, you will not be able to enjoy some or all ofthe services we provide. You provide us with personal information freely. Please note that providing certain information may be a requirement necessary to enter into a contract with JINGDONG Logistics. In some cases, providing personal information to us may also be a statutory requirement, e.g. in order to prepare documentation relevant for tax purposes. We will only collect and use your personal information for the following purposes: 1Functions necessary for providing our services Registration You first need to register a JINGDONG Logistics account to become a JINGDONG Logistics user. When you register, you need to at least provide us with your desired JINGDONG Logistics account name and password, a contact mobile phone number, and e-mail address (for verification). Ordering our services When you place an order for our services, you will need to fill in at least the consignee's name, delivery address and mobile phone number in the order. At the same time, the order will state the order number, the service you are purchasing, the price you willpay, and the terms of payment. You can additionally fill in the consignee’s fixed-line telephone and email address to ensure that the products can be delivered accurately, but that information does not affect the generation of your order. All of the above information constitutes "order information". We will use this order information to conduct identity verification, determine the transaction, payment and settlement, delivery, retrieve your order for you on our system, and provide customer services and after-sales services for you; we also use your order information to determine if there is an exception in your transaction to protect your transaction. Some of this order information will relate to your end customer who is the consignee, i.e.the individual to whom you will send products with the use our services (the “End Customer”). We will process information relating to End Customers in accordance with our End Customer Privacy Policy available athttps://pulsar-login.JINGDONG.com/login.html#/privacyPolicyCustoms.Please provide your End Customers with a copy of this End Customer Privacy Policy before giving us their information, so that they may understand how we will use their data. Payment After you place an order with us, you can make payment in a manner provided by JINGDONG Affiliates or other indicated third party payment institutions (including Paypal payment, UnionPay, etc., collectively, "payment institutions"). The payment function itself does not collect your personal information, but we need to share yourJINGDONG Logisticsorder number and transaction amount with these payment institutions so that they can confirm your payment instructions and then make payment. "Affiliate" means any company or agency that currently or in the future controls a party, is under the control thereof, or under the common control with that party as well as the legal representatives of the foregoing companies or agencies. "Control" refers to the ability to influence, directly or indirectly, the management of the companies referred to, whether through ownership, voting shares, contracts, or other forms recognized by the people’s courts. Customer services and after-sale services To activate our after-sale services, we will use your account information and order information. To ensure the security of your account, our staff and online customer services will use your account information to verify your identity with you. When you need us to provide customer service and after-sale services related to your order information, we will check your order information. You will be required to provide information other than the above when engagingwith our customer service staff (which information may relate to your End Customers), such as when you request us to change the delivery address, contact person or contact number on your account. 2Functions necessary for protecting the security of transactions To enhance the security of your system when using our services, to accurately prevent phishing website fraud and to protect account security, we judge risks about the use of your account via information on your browsing, orders, your frequently used software, and devices and record some links ("URL") that we believe to be risky; we also collect information about your device to analyzeour system, conduct traffic statistics and investigate possible risks, and troubleshoot when you choose to send us abnormal information. 3Other purposes We will also collect and process your personal information in the following circumstances: where requested by public authorities in furtherance of their powers or functions, including for national security, public safety, public health and major public interests; relating to criminal investigations, prosecutions, trials and execution of judgments; for the purposes of protection of material legal rights and benefits such as the lives and properties of the personal information subject or other individuals where it is difficult to obtain the consent of the subject involved; the personal information to be collected is made available by the subject of the personal information to the public; your personal information is collected from legally disclosed information, such as legitimate news reports, government information disclosure, etc.; necessary for signing the contract as required by you; necessary for maintaining the safety and stable operation of the services provided, such as the detection and resolution of anyissues in respect of services; and other circumstances stipulated by laws and regulations. Rules for the use of your personal information 1. We will use the personal information collected in accordance with this Policy and to provide our services. 2. After collecting any personal information in providing our services, we may de-identify the data through technical means. One cannot identify the subject with de-identified information. Please understand that in this case we have the right to use information that has been de-identified and to analyze the user database and use it commercially subject to non-disclosure of your personal information. 3. When you deregister, we will stop using and delete any personal information you have provided to us. When we intend to use your personal information for other purposes not specified in the Policy, or use the information collected for a specific purpose for other purposes, we will notify you by email, pop up notice and any other means available and meeting any other requirements required of us by law. C.How we use cookies and similar technologies Please see our Cookies Policy for details on the types of cookies and similar technology we use.https://pulsar-login.jd.com/login.html#/cookiePolicy. D.Legal bases for collecting your personal information We are required by law in Europe to set out in this Policy the legal grounds on which we rely in order to process thepersonal information that you provide to us. We generally use the personal information that you provide to us for the purposes outlined in Section B because it is: necessary for the legitimate interests of JINGDONG Logistics, including providing services of a high standard, keeping you satisfied, and meeting our accountability and regulatory requirements around the world, in each case provided such interests are not overridden by your privacy interests; necessary for us to enter into, and perform our obligations under, our contract with you, such as when we use your personal information for providing our services, for registration and delivery; necessary for compliance with a legal obligation under EU law or the laws of a Member State (e.g. any mandatory disclosures to an authority, regulator or government body and documenting economic events for tax and accounting requirements to which JINGDONG Logistics is subject); or in some cases, we have obtained your prior consent. E.How we share, transfer or make available your personal information We will share, transfer or make available your personal information as follows: 1We share your personal information with our Affiliates. However, we only share it on a need-to-know basis and will be bound by the purposes stated in the Policy. If our Affiliates are to change the intended purposes for which they use your information, they will notify you in advance and seek your consent if necessary. 2We share your order and account information with partners and other third parties to ensure the smooth completion of our services. However, we will only share necessary personal information for the purposes set out in Section B. Our partners have no right to use the shared personal information for any other purposes. Our partners include: Suppliers of goods or technical services We share your personal information with third parties supporting our functions. These third parties provide the following types of support to us: infrastructure technical services, logistics and distribution services, payment services, professional advisory services, and data processing for us. The information is disclosed to make available the core functions of our services. For example, we need to notify a third party payment institution of your order number and transaction amount so that it can confirm your payment instructions and then make payment. 3We will transfer your personal information to companies, organizations or individuals, for mergers, acquisitions, asset transfer, or similar transactions; if personal information is involved in the transfer. We will require companies and organizations to hold your personal information to be bound by the Policy. Otherwise, we will require them to ask for your permission again. 4In order to comply with laws, enforce or apply our conditions of use and other agreements, or to protect the rights and property or safety of JINGDONG Logistics you or other JINGDONG Logistics customers, such as preventing fraud and other illegal activities and reducing credit risks, we will exchange information with other companies and organizations. However, this does not include selling, renting, sharing or otherwise disclosing personal information for profit making purposes in violation of the commitments made in the Policy. 5 Public disclosure We will make available your personal information to the public only under the following conditions to the extent that security measures generally accepted in the industry have been taken: At your request, and limited to the personal information you designate in the manner you have requested; As required by laws and regulations, mandatory administrative enforcement or judicial orders, we may publicly disclose your personal information of the required type in a manner requested. Subject to laws and regulations, when we are requested to disclose, we will require the corresponding legal documents, such as summons or investigation letters. We firmly believe that the information required to be provided by us shall be as transparent as possible to the extent permitted by laws. All requests have been carefully reviewed to ensure that they are legal and we will only disclose the data that the law enforcement agencies have legal right to obtain for specific purposes. As permitted by laws and regulations, we will disclose documents under the protection of encryption keys. For companies, organizations and individuals with whom we share personal information, we will sign strict confidentiality agreements with them, requesting them to process personal information by taking relevant confidentiality and security measures in accordance with our instructions and this Policy. Please note that some of the recipients of your personal information referenced above will be based in countries outside of your country of residence whose laws may not provide the same level of data protection as your country. Where you reside in the European Union, we may transfer your data to countries/territories including Mainland China and Hong Kong, China. In such cases, we will ensure that there are adequate safeguards in place to protect your personal information that comply with our legal obligations. Where you are resident in European Union, to ensure this level of protection for your personal information, we typically use a data transfer agreement with the recipient based on standard contractual clauses. Further details of the transfers of your personal information outside of your country of residence and the adequate safeguards used by us in respect of such transfers (including copies of relevant agreements) are also available from us by contacting contact@jd.com. F.How we protect your personal information We value personal information security and will take all reasonable and practical measures to protect your personal information. That said, the Internet is not absolutely secure. Communication methods with other users, such as e-mail, instant messaging, and social software, cannot be fully encrypted. We recommend that you use complex passwords when using such tools, and take care to protect your personal information. We set out below the security measures taken to protect your personal information: 1Data security technical measures We will take appropriate technical and organizational security protection measures, including reasonable systems and security technologies, to prevent unauthorized access, modification and loss of your personal information. JINGDONG Logistics' network services are based on encryption techniques such as transport layer security protocols. JINGDONG Logistics provides browsing services through https and other methods to ensure the security of user data during transmission. JINGDONG Logistics applies encryption techniques to save on an encrypted basis user's personal information and isolate it through isolation techniques. In the use of personal information, such as display and correlation calculations, we will use a variety of data desensitization techniques including content substitution and SHA256 to enhance the security of personal information in use. JINGDONG Logistics adopts strict data access control and multiple identity authentication technologies to protect personal information and prevent data from being used illegally. JINGDONG Logistics adopts code security automatic inspection and data access log analysis technology to conduct personal information security audits. 2Other security measures taken by JINGDONG Logistics to protect personal information JINGDONG Logistics manages and regulates the storage and use of personal information by establishing a data classification system, data security management specifications, and development specifications. JINGDONG Logistics controls data security in an all-round way through signing confidentiality agreements with those who will access to the information, monitoring and auditing mechanisms. JINGDONG Logistics has a data security committee consisting of a full-time information protection department and data security emergency response organization to promote and protect personal information security. Strengthen safety awareness: We also hold safety and privacy protection training courses to strengthen employees' awareness of the importance of protecting personal information. We only allow employees of JINGDONG and JINGDONG Affiliates and partners to access personal information on a need-to-know basis and set strict access control and monitoring mechanisms for this purpose. We also bind all persons who may come into contact with your personal information with confidentiality obligations. Those who fail to fulfil the obligations may be subject to legal liabilities or have their relationship with JINGDONG terminated. We will take all reasonable and practical measures to avoid collecting uncorrelated personal information. 3Responding to Security incidents In order to deal with possible risks of leakage, damage, and loss of personal information, JINGDONG has established a number of systems to clarify the classification and grading standards for security incidents and security vulnerabilities and the corresponding processing procedures. JINGDONG has also established a special emergency response team for security incidents. It will, according to the requirements for the handling of security incidents, implement security plans for different security incidents, stop loss, conduct analysis, positioning and formulate remedial measures; moreover, it will trace to the source and crackdown in concert with the authorities. In the event of a personal information security incident, we will inform you without undue delay (in accordance with applicable laws and regulations) of the basic information and possible impact of the security incident, measures we have taken or will take, suggestions on the precautions you can take to reduce risks, remedial measures for you, etc. We will also inform you on a timely basis by e-mail, letter, telephone, notice, etc., again in accordance with applicable laws and regulations When it is difficult to notify a personal information subject on an individual basis, we will issue an announcement in a reasonable and effective manner is made instead. If you have any questions about personal information protection, you can contact us through the contact information at the bottom of the Policy. If you find that your personal information has been made known, especially your account and password, please contact us immediately through the contact information set out in Section K(How to contact us) at the bottom of the Policy so that we can take appropriate measures. G.Personal information preservation and retention Any personal information you provide to us might be internationally transferred, especially if you order overseas services. In such case, we will request the receiving party to process the personal information by taking relevant confidentiality and security measures in accordance with our instructions and this Policy. We will hold your personal information for as long as necessary to fulfil the purpose for which it was collected or to comply with legal, regulatory or internal policy requirements. Unless otherwise specified by laws and regulations, we will remove or anonymize your personal information within one month from the date when your account is cancelled. If the foregoing period expires, we will remove or anonymize your personal information. Please note that when you successfully deregister your JINGDONG Logistics account, we will give you a one-month cooling-off period as of the deregistration date, during which, you can at any time apply for resumption of your cancelled JINGDONG Logistics account. To resume the functions under your JINGDONG Logistics account, we will not remove or anonymize your personal information during the cooling-off period. If you do not resume your JINGDONG Logistics account or explicitly refuse to resume your JINGDONG Logistics account during the cooling-off period, we will remove or anonymize your personal information. If we terminate services or operation, we will notify you at least 30 days in advance and remove or anonymize your personal information after the termination of services or operation. H.How to manage your personal information and your rights JINGDONG Logistics attaches great importance to your concern for personal information and makes every effort to protect your right to access, correct, delete, and withdraw consent to use, your personal information, so that you have full capacity to protect your privacy and security. These rights are set out below. Where you exercise your rights, we will honor your request as required under applicable laws, but your rights are not absolute as they do not always apply and exemptions may be applicable. 1The right to access and correct personal information Unless provided by laws and regulations, you and your Personnel have the right to access to and correct your personal information at any time, including: Account information Delivery information: On the PC side, you can add, change, and delete delivery information (including the consignee's name, delivery address, and consignee's phone number or e-mail) at any time. Order information: On the PC side, you can view all completed and pending orders or orders subject to after-sale services. You can choose to delete the completed orders to delete your order information, but this may make it impossible for us to accurately determine your transactioninformation and therefore it is difficult to provide the corresponding after-sale services. Browsing information: You can access to or clear your search history, view and modify interests, and manage other data. Please feel free to contact us if you or your Personnel need to access or correct other personal information arising from your use of our services. We will respond to you in a manner and by the deadline set out in the Policy. 2The right to request that your personal information be transferred Subject to the limitations of applicable laws, where processing your personal information is necessary for entering into or performing our obligations under a contract with you or is processed as a result of your consent, you may have the right to request your personal informationbe transferred to you or another controller (where technically feasible). 3The right to deletion of your personal information Subject to the limitations of applicable laws, you may request for us to delete your personal information. If we decide to respond to your request for removal, we will also notify any entity that obtains your personal information from us, requesting for removal in a timely manner, unless otherwise required by laws and regulations, or the entities are authorized by you. 4The right to object to the processing of your personal information Subject to the limitations of applicable laws, you may request to object to the processing of your personal information by changing the scope within which we can continue processing that personal information. 5The right to change your authorization scope or withdraw your authorization To the extent you have given us authorization to collect and process your personal information, you may withdraw that authorization to process your personal information for certain purposes by deleting information, turning off device functions or changing privacy settings on ourwebsite. You can also withdraw your authorization granted to us by deregistration so that we cannot continue collecting your personal information. Please understand that each business function requires some basic personal information. Once you withdraw your consent or authorization, we cannot continue providing you with the services for which you withdraw consent or authorization, and will not process your corresponding personal information. However, your decision to withdraw your consent or authorization will not affect the processing of personal information previously conducted according to your authorization. 6Right to restriction of processing Subject to the limitations of applicable laws, you may request us to restrict our processing of your personal data. 7Deregistration You can apply to us for deregistration of your JINGDONG Logistics account directly eulogcs@jd.com. After you deregister, we will stop providing services to you and delete your personal information as required by you unless otherwise stipulated by laws and regulations. Responding to your requests Subject to the applicable law, you are entitled to submit the above requests as described above or otherwise by contacting us through contact@jd.com.We will respond to your requests without undue delay, and in any event within one month of receipt of the request, unless such request is complex in which case we may extend this period by a further two months (provided that we will inform you of this within one month of your request if so). We do not charge you for your reasonable request in principle. However, we may charge a certain amount of cost in accordance with applicable law for repeated requests that exceed a reasonable limit. We may reject those requests that are duplicative, require excessive technical means (for example, developing new systems or fundamentally changing current practices), pose risks to the legitimate rights and interests of others, or that we are permitted to reject under applicable laws. In certain situations, we may not be required to respond to all or part of your request as permitted under applicable law. Complaints to a data protection authority You have the right to lodge a complaint with the data protection authority in the place where you live or work, or in the place where you think an issue in relation to your data has arisen. I.Protection of minors' information JINGDONG Logisticsattaches great importance to the protection of minors' personal information. If you are a minor under the age of 18, you must obtain prior written consent from your parent or legal guardian before using our services. JINGDONG protects personal information of minors in accordance with applicable laws and regulations. For the personal information of minors collected with the consent of parents or legal guardians, we will only use or publicly disclose it when permitted by laws, explicitly consented by the parent or guardian or required for protecting the child. If we find ourselves collecting personal information of a minor without the prior consent of a verifiable parent or legal guardian, we will try to delete it as soon as possible. J.Notices and amendments This document is a notice to you and not a contract between us. To provide you with better services and with the development of our business, this Policy will be updated from time to time. We will remind you of the updates by releasing an updated version on our website. We also invite you to visit our websiteto keep abreast of the latest version of the Policy. For significant changes, we will also announce in a noticeable manner, explaining specific changes to the Policy in a manner including but not limited to emails, text messages, or special tips on the browsing page. For the purpose of the Policy, significant changes include but are not limited to: significant changes in our service model, for example, the purpose of processing personal information, the types of personal information handled, the manner to use personal information, etc.; major changes in ownership structure, organizational structure, and so on, such as changes in owner as a result of business adjustment, bankruptcy, mergers and other similar transactions; changes in the main objects of personal information sharing, transfer or public disclosure; major changes in your rights to participate in the processing of personal information and the way to exercise them; any changes in the departments in charge of handling personal information security, contact information, and reporting channels; there is a high risk indicated in the personal information security impact assessment report. We will also archive the old version of this Policy for your review. K.How to contact us If you have any questions, opinions or suggestions about the Policy or related issues, you can at any time email us at contact@jd.comor contact us otherwise. We have set up a full-time information protection department (or personal information protection specialist). You can contact by emailing contact@jd.com. Notes: The Policy was updated on August 31, 2020and will take effect as of August 31, 2020.