Privacy Policy for Customs

1. Preamble

The purpose of this Privacy Policy is to inform you as a user of the Customs proxy of the ATA Carnet life cycle management system (hereinafter referred to as the ‘ATA Carnet Customs’) of the procedures regarding the collection, use and processing of information on the ATA Carnet application. ICC encourages you to carefully read this Privacy Policy.

The ATA Carnet Customs is a website provided by ICC. The ICC International Secretariat is located at 33-43 avenue du Président Wilson, 75116 Paris, France. We can be reached by phone at +33 1 49 53 28 28 or by email at ata@iccwbo.org.

By using the website and providing information to ICC, you acknowledge that you have been informed and you consent to the Privacy Policy. If you do not wish your personal information to be collected and used by ICC in the manner set out in this Privacy Policy, please do not provide us this information.

2. Definitions

Applicable Data Protection Laws
The European General Data Protection Regulation (Regulation (EU) 2016/679) ("GDPR") and other applicable data protection laws, each as amended from time to time.

Consent
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.

Data Subject
An identified or identifiable natural person about whom data is processed.

Disclosure / to disclose
The transmission of Personal Data or provision of access to Personal Data, e.g. through making it available for inspection, transferring it or publishing it.

Personal Data
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.

Processing / to process
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.

3. Controller

ICC is considered to be a controller as defined in the GDPR.

4. Type of Personal Data Collected

ICC collects for processing purposes the following personal data: family name, first name, organization, email. This data is voluntary provided by you.

ICC will ensure that personal data collected from you is strictly necessary for the purposes described in section 5 below.

5. Purposes of Data Processing

The collected data is used by ICC for the following purposes:

  • Creation of account to login to the ATA Carnet Customs
  • Identification of the Customs official who commits an ATA Carnet transaction. The name of the official and the name of the Customs office where he/she belongs to may be visible by the Carnet holder/representative who declared such transaction in order to confirm/verify the completion of the transaction. The name of the official and the name of the Customs office may also be visible by National Guaranteeing Associations for Claim operation.

6. Legal basis for processing Personal Data

The legal basis is article 6 (1) (a), consent. By filing the forms, you consent to provide your personal data to ICC to enable you managing ATA Carnets.

7. Data Retention

ATA Carnet is an international customs document which allows duty- and tax-free movement of goods for up to one year. It replaces national declaration forms and guarantee requirements. The ‘ATA Carnet Customs’ is provided to Customs authorities to consult carnet data and to commit transactions digitally. Due to these features, the data retention period of carnets, transaction history, and users is subject to requirements of Customs authorities where declarations are made to.

8. Transfer of personal data

For purposes mentioned in section 5, ICC may need to transfer data to a country other than your country of residence and/or outside of the European Union, to/in countries which may have different data protection laws.

The transfer of data is encrypted. The data can be read by Customs and NGAs of countries where the Carnet is used to complete all formalities necessary for implementing the provisions according to Customs Convention on the A.T.A. Carnet for the temporary admission of goods (Brussels, 6 December 1961) and Convention On Temporary Admission ((Istanbul, 26 June 1990).

9. Cookies policy

Cookies collecting by ICC are of technical nature and do not need any consent.

10. Your Rights

Right of access, right to rectification, right to erasure, right to restriction of processing, right to data portability, right to object

The collected Personal Data are necessary for your registration and, more generally, for the purposes described in section 5 of this Privacy Policy. In application of the Applicable Data Protection Laws, you as a Data Subject, have the following rights:

  • the right to be informed about our collection and use of Personal Data;
  • the right of access to the Personal Data we hold about you;
  • the right to rectification if any Personal Data we hold about you is inaccurate or incomplete;
  • the right to be forgotten – i.e. the right to ask us to delete any Personal Data we hold about you;
  • the right to restrict (i.e. prevent) the processing of your Personal Data;
  • the right to data portability (obtaining a copy of your Personal Data to re-use with another service or organization);
  • the right to object to us using your Personal Data for particular purposes.
  • there is not any automated decision making and profiling.

All of these rights may be exercised by contacting us according to section 13.

We will do our best to solve the problem for you. If we are unable to help, you also have the right to lodge a complaint with any competent EU supervisory authority (as the case may be).

11. Security

Protecting your privacy Personal Data is a priority for ICC. ICC protects your Personal Data from loss, misuse and alteration. However, please be aware that no data transmission over the internet or storage technology can be guaranteed to be 100% secure. ICC can only take steps to help reduce the risks of unauthorized access. Each individual using the internet can take steps to help protect his/ her Personal Data and further minimize the likelihood that a security incident may occur.

12. Updates to Privacy Policy

To the extent permitted by the Applicable Data Protection Laws, ICC may from time to time modify or update this Privacy Policy.

Any changes to this Privacy Policy will become effective upon posting of the revised Privacy Policy on the Internet, accessible through this Application. By continuing to use the Application following such changes, you will be deemed to have agreed to such changes.

13. Contact

If you have any questions about this Policy, please contact us by email at ata@iccwbo.org or dataprotection@iccwbo.org. Please ensure that your query is clear, particularly if it is a request for information about the Personal Data we hold about you.

Date: 26-03-2020