Privacy

Privacy Policy

Privacy & Policy

Cogoport Universe Pte. Ltd., a company incorporated under the laws of Singapore with its registered office at 73 Upper Paya Lebar Road, #08-01L, Centro Bianco, Singapore 534818 (“Company”) and its Affiliates, including without limitation, Cogoport Private Limited, 1st floor, A wing, Ackruti Trade Centre, Rd Number 7, Kondivita, Andheri East, Mumbai – 400 069 in India, Cogoport Europe B.V., Second Floor, Koninginnegracht 19, 2514 AB Den Haag, The Netherlands in Europe provides a digital platform for shipping, logistics and other allied services that connects consignors and consignees of freight services. The Company is the exclusive owner of the internet resources and domains, www.cogoport.com, on the world wide web (hereinafter referred to as the “Website”), which is owned and hosted by the Company. Access to the Website and / or availing of the services provided by the Consigners through the Website thereunder (as more particularly detailed in the Terms and Conditions , available at Cogoport (hereinafter referred to as the “Terms and Conditions”), shall collectively be referred to as the “Services”).

The Company respects the privacy of the Users (as defined in the Terms and Conditions) and has provided this privacy policy (“Privacy Policy”) to familiarise the Users with the types of personal data that the Cogoport Group may collect and process about the User. It also explains the purposes for which the Cogoport Group collects the User’s personal data, and the procedure to store and handle that data, transfer and share that data with third-party service providers. By accessing / logging into the Website, the User(s) consent to collection, receiving, storage, use, dealing with, handling, management, processing, providing access to, sharing, disclosure to and analysis of User information in the manner set forth in this Privacy Policy. Any capitalized term used but not defined in this Privacy Policy shall have the meaning ascribed to it in the Terms and Conditions.

It is important that the User reads this Privacy Policy together with any other privacy notice or fair processing notice the Cogoport Group may provide on specific occasions when the Cogoport Group are collecting or processing personal data about the User, so that the User is fully aware of the collection, storage and processing of the personal data of the User.

This Privacy Policy has been published inter alia in compliance with the provisions of the Information Technology Act, 2000 and the rules and regulations made thereunder (including, but not limited to: (i) The Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Data or Information) Rules, 2011; and (ii) The Information Technology (Intermediaries Guidelines) Rules, 2011) (hereinafter collectively referred to as the “Information Technology Act”, as may be amended, modified and / or re-enacted from time to time).

Definitions and interpretation

Capitalized terms, not defined elsewhere in these Terms and Conditions, shall mean as follows:

(a)

“Affiliates” means entities owned and controlled, directly or indirectly, by the Company, where “control” means (a) the acquisition or control of more than 50% (fifty percent) of the voting rights or of the issued share capital of entity and/or (b) the right to appoint and/or remove all or a majority of the members of the board of directors or other governing body of such entity, and/or (c) the power to direct or cause the direction of the management and policies of such entity, whether obtained directly or indirectly, and whether obtained by ownership of share capital, the possession of voting rights, through contract or otherwise;

(b)

“Applicable Laws” means all applicable (i) statutes, enactments, acts of legislature or parliament, laws, bye-laws, ordinances, rules, regulations, listing agreements, notifications, guidelines or policies of any applicable jurisdiction; (ii) administrative interpretation, writ, injunction, directions, directives, judgment, arbitral award, decree, orders or consents of, or agreements with, any Governmental Authority or a recognized stock exchange; and (iii) international tax treaties, as may be in force from time to time;

(c)

“Cogoport Group” means the Company and its Affiliates;

(d)

“Governmental Authority” shall mean any nation or government or any province, state or any other political subdivision thereof; any entity, authority or body exercising executive, legislative, judicial, regulatory or administrative functions of or pertaining to government, including any government authority, agency, department, board, commission or instrumentality of India or any other jurisdiction in which the Cogoport Group or the User conducts business.

(e)

“Services” shall mean the services as more specifically displayed on the Website from time to time by the Consigners, including without limitation shipping and logistic services, associated services including freight insurance or customs brokerage services, trade finance and invoice discounting.

(f)

“Information” is a reference to any information uploaded or otherwise provided on the Website by any User, including without limitation for the purposes of registration, listing of rates or quotes or bidding.

(g)

“Person” shall mean a corporation, a partnership, a joint venture, a trust, an unincorporated organization and any other legal entity.

(h)

“Personal Data”, shall mean any information about an individual from which that person can be identified or such other information that is defined as “Personal Data” or “Personal Information” under the Applicable Laws. It does not include data where the identity such person has been removed (anonymous data).

(i)

“User Information” shall mean the information or data provided by the User to the Corporate Group, including without limitation, any Personal Data.

Consent to and Changes to the Privacy Policy

2.1.

The User unconditionally agrees that by virtue of becoming a User of the Website and / or availing any Services, the User : (i) assents to the terms and conditions stipulated in this Privacy Policy; and (ii) consents to the Company collecting, receiving, storing, using, dealing with, handling, managing, processing, providing access to, sharing, disclosing and analysing User Information in the manner set forth in this Privacy policy. The User’s access to the Website and / or use of the Services is subject to the terms stipulated in the Terms and Conditions and this Privacy Policy.

2.2.

BY ACCESSING THE WEBSITE, USING THE SERVICES OR BY OTHERWISE GIVING INFORMATION, EACH USER WILL BE DEEMED TO HAVE READ, UNDERSTOOD AND AGREED TO THE TERMS AND CONDITIONS OUTLINED IN THIS PRIVACY POLICY AND AGREE TO BE BOUND BY THE SAME.

2.3.

THE COGOPORT GROUP RESERVES THE RIGHT TO CHANGE, MODIFY, ADD OR DELETE ANY TERMS OF THE PRIVACY POLICY, AT OUR SOLE DISCRETION, AT ANY TIME, WITH OR WITHOUT ADVANCE NOTICE. ANY SUCH CHANGE, MODIFICATION, ADDITION OR DELETION OF THE PRIVACY POLICY OR ANY TERMS THEREOF SHALL BE PUBLISHED ON THE WEBSITE TO ENABLE USER(S) TO REVIEW THE SAME. PROVIDED THAT APART FROM SUCH PUBLICATION ON THE WEBSITE, THE COGOPORT GROUP SHALL BE UNDER NO OBLIGATION TO INFORM OR INTIMATE THE USER(S) OF ANY SUCH CHANGE, MODIFICATION, ADDITION OR DELETION AND EACH USER WILL BE RESPONSIBLE TO ACCESS THE WEBSITE TO APPRISE HIMSELF / HERSELF OF THE SAME. IF ANY USER DOES NOT AGREE WITH THE PRIVACY POLICY OR ANY PART OF THE SAME, AT ANY TIME, SUCH USER SHALL NOT ACCESS THE WEBSITE OR USE ANY OF THE SERVICES OR GIVE THE COMPANY ANY USER INFORMATION. IN SUCH EVENT, SUCH USER(S) MAY ALSO DEACTIVATE THEIR ACCOUNT BY SENDING AN EMAIL TO CARE@COGOPORT.COM. IF ANY USER CONTINUES TO ACCESS THE WEBSITE OR USE ANY SERVICES, BY SUCH ACCESS / USAGE, SUCH USER SHALL BE DEEMED TO HAVE CONSENTED TO ALL THE TERMS OF THE PRIVACY POLICY. IF ANY USER ACCESSES THE WEBSITE OR USES ANY SERVICES ON BEHALF OF SOMEONE ELSE OR UPLOADS ANOTHER PERSON’S INFORMATION ON THE WEBSITE, SUCH USER REPRESENTS THAT THEY ARE DULY AUTHORISED BY SUCH INDIVIDUAL OR ENTITY TO: (I) ACCEPT THE PRIVACY POLICY ON SUCH INDIVIDUAL’S OR ENTITY’S BEHALF, AND (II) CONSENTS ON BEHALF OF SUCH INDIVIDUAL OR ENTITY TO THE COMPANY’S COLLECTION, RECEIVING, STORAGE, USE, DEALNG WITH, HANDLING, MANAGING, PROCESSING, PROVIDING ACCESS TO, SHARING, DISCLOSING AND ANALYSING OF SUCH INDIVIDUAL’S OR ENTITY’S INFORMATION AS DESCRIBED IN THIS PRIVACY POLICY.

Third-party links

The Website may include links to third-party websites, plug-ins and applications. Clicking on those links or enabling those connections may allow third parties to collect or share data about the User. The Cogoport Group does not control these third-party websites and is not responsible for their privacy statements or use of the User’s personal data. When the User leaves the Website, the Cogoport Group encourages the User to read the privacy policy of every website the User visits.

What User Information is collected?

4.1.

The Cogoport Group may collect, use, store and transfer different kinds of personal data about the User which has been grouped together follows:

Identity Data including first name, maiden name, last name, username or similar identifier, marital status, title, date of birth, gender, business contact information (such as job title, department and organization name) and government-issued identification documents.
Contact Data including postal address, email address, telephone numbers, fax numbers.
Transaction Data including bank account information, credit card, debit card or other payment instrument details, details about payments from the User and other details of Services you have availed using the Website.
Technical Data including internet protocol (IP) address, the User’s login data, browser type and version, time zone setting and location, browser plug-in types and versions, operating system and platform and other technology on the devices the User uses to access the Website.
Profile Data including the User’s username and password to access the Website, purchases or orders made by the User, the User’s interests, preferences, feedback and survey responses, and any content uploaded onto the Website by the User such as photos, articles or comments.
Usage Data including information about how the User uses the Website and Services.
Marketing and Communications Data includes the User’s preferences in receiving marketing from the Cogoport Group and affiliated third parties and the User’s communication preferences.

4.2.

The Cogoport Group may obtain and aggregate technical and other data about the User’s use of the Website and the Services that is not personally identifiable with respect to the User (Aggregated Anonymous Data). The Cogoport Group may use the Aggregated Anonymous Data to improve, support and operate the Website or the Services. Aggregated Anonymous Data will not directly or indirectly reveal the User’s identity.

4.3.

The Cogoport Group does not collect any Special Categories of Personal Data about the User (this includes details about the User’s race or ethnicity, religious or philosophical beliefs, sex life, sexual orientation, political opinions, criminal convictions, trade union membership, information about the User’s health and genetic and biometric data).

4.4.

Due to communications standards on the internet, certain data is automatically received when a User accesses the Website, such as:

(a)

Uniform Resource Locator (URL) of the site (if any) from which anyone visits;

(b)

Internet Protocol (IP) address of each User’s computer (or the proxy server a User used to access the world wide web);

(c)

Domain name;

(d)

User’s computer operating system;

(e)

Type of web browser the User is using;

(f)

Email patterns; and / or

(g)

Name of User’s Internet service provider.

4.5.

Further, upon download / installation / access of the Website, the User grants the following permissions through the User’s operating system, if necessary, to:

(a)

To read from, write on, modify and delete data pertaining to the Website on the hard disk and/or external storage of a User’s device;

(b)

To access information about networks, access networks including Wi-Fi networks, receive and send data through the network;

(c)

To determine a User’s approximate location from sources like, but not limited to, mobile towers and connected Wi-Fi networks;

(d)

To determine a User’s exact location from sources such as, but not limited to GPS;

(e)

To access the model number, IMEI number and details about the operating system of the User’s device, as well as the phone number of the device, if such device is a portable electronic device;

(f)

To retrieve information about other applications and services running on a User’s device;

(g)

To detect when a User’s device had been switched off and switched on for the purpose of sending notifications / push notifications; and / or

(h)

To access and change the display and sound settings of the User’s device.

Type of information not to be uploaded

5.1.

While accessing the Website, User(s) shall ensure that they do NOT host, display, upload, modify, publish, transmit, update or share any User Information that:

(a)

belongs to another person and to which the User does not have any right to do so;

(b)

is grossly harmful, abusive, threatening, harassing, blasphemous, defamatory, obscene, pornographic, paedophilic, libellous, invasive of another person’s privacy, hateful or racially, ethnically objectionable, disparaging, relating to or encouraging money laundering or gambling, or otherwise unlawful in any manner whatsoever;

(c)

harms minors in any way;

(d)

infringes any patent, trademark, copyright or other proprietary rights of any person;

(e)

violates any law for the time being in force;

(f)

deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;

(g)

impersonates another person or falsely states or misrepresents you as being affiliated with any person / entity;

(h)

contains software viruses or any other computer malicious code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource;

(i)

threatens the unity, integrity, defence, security or sovereignty of any nation, friendly relations with foreign States, or public order or causes incitement to the commission of any cognisable offence or prevents investigation of any offence or is insulting any other nation; and / or

(j)

which the User knows to be false, but sends the same for the purpose of causing annoyance, inconvenience, danger, obstruction, insult, injury, criminal intimidation, enmity, hatred or ill will.

5.2.

Notwithstanding the generality of the foregoing Clause, the Users agree and undertake that they shall not upload any information / data on the Website, which would infringe the intellectual property rights of any third person. The Cogoport Group reserves the right to remove any information / data from the Website, which it may determine at its sole discretion as violating the intellectual property rights of any third person, including but not limited to patent, trademark, copyright or other proprietary rights. Each User agrees to absolve the Cogoport Group from and indemnify the Cogoport Group against any and all claims that may arise as a result of any third-party claiming infringement of intellectual property rights that may arise from any User Information.

User’s failure to provide Personal Data

Where the Cogoport Group needs to collect personal data under the Applicable Law, or under the Terms and Conditions or this Privacy Policy from the User, and the User fails to provide that data when requested, the Cogoport Group, in its sole discretion, may restrict access to the Website or the Services. In this case, the Cogoport Group may have to cancel a Service, but the Cogoport Group will notify the User at the time of such cancellation.

When is data collected?

7.1.

The Cogoport Group collects data when the User:

Accesses the Website;
Registers as a User on the Website;
Uses the Services offered on the Website, such as making an offer for sale, online purchase;
Posts User reviews or feedbacks on the items available on the Website;
Participates in an online survey or contest organized by the Cogoport Group;
Requests marketing communications to be sent to the User; and
Communicates with the customer service team of the Cogoport Group.

7.2.

The Cogoport Group may receive personal data about the User from various third parties as set out below:

analytics providers;
advertising networks;
search information providers; and
social media networks.
data brokers and aggregators.

7.3.

The Website may also use standard technology called “cookies” on the Website to store certain User Information (that is not sensitive personal data or information) that is used by the Cogoport Group and its service providers for the technical administration of the Website, research and development, and for User administration. Cookies are small data files that are downloaded onto the User’s computer when the User visits a particular website. The User’s browser allows the Cogoport Group to place some information (session based IDs and/or persistent cookies) on the User’s computer's hard drive that identifies the computer the User is using. Cookies enable the Cogoport Group to inter alia: (i) estimate the usage size and usage pattern; (ii) store information about the User’s preferences and accordingly enable the Cogoport Group to customise the Website according to the User’s individual interests; (iii) speed up the User’s searches; and (iv) recognise the User when such User returns to the Website. The Cogoport Group may use cookies to personalize its sites and to track the User’s usage across the other websites owned and/or operated by the Cogoport Group at any point in time.

7.4.

The User can disable cookies by turning them off in the User’s browser, however, some areas of the Website may not function properly if the User does so.

7.5.

In addition, the Cogoport Group may use other tracking systems like pixel-tags. Pixel tags, sometimes called web beacons, are similar in function to a cookie. But because of their insignificant size, it is not visible; though, they are used to pass certain information to the Cogoport Group’s servers to personalize the Website and to track the User’s usage across the websites owned and/or operated by the Cogoport Group.

Use of the User's Data?

8.1.

The Cogoport Group will use the User’s data only in the form and manner permitted under the Applicable Laws. For instance:

Where the Cogoport Group needs to perform its obligations under the Terms and Conditions or this Privacy Policy;
Where it is necessary for the Cogoport Group’s legitimate interests (or those of a third party) and the User’s interests and fundamental rights do not override those interests;
Where the Cogoport Group needs to comply with any Applicable Law.

8.2.

Each User who uploads any User Information, hereby gives explicit consent for collection, storage, transfer and processing of such User Information. The Cogoport Group does not rely on any other consent as a legal basis for processing such data. The User shall, subject to the terms of this Privacy policy, have the right to withdraw consent at any time by contacting the Cogoport Group.

Collection, use and disclosure of User Information

9.1.

The Cogoport Group may use the User Information for the following purposes:

(a)

To register as a User on the Website;

(b)

To manage the User’s account, including purchases or orders made through that account;

(c)

To send the User, information regarding the Website, changes to this Privacy Policy, changes in Terms and Conditions, user agreements, and policies and/or other administrative information;

(d)

To send relevant information about Services available on the Website, and marketing communications that the Cogoport Group believes may be of interest to the User;

(e)

To enable the User to partake in a prize draw, competition or complete a survey;

(f)

To administer and protect the Cogoport Group’s business and the Website (including troubleshooting, data analysis, testing, system maintenance, support, reporting and hosting of data);

(g)

To use data analytics to improve the Website, Services, marketing, customer relationships and experiences; and

(h)

To respond to legal, judicial, quasi-judicial process and provide information to law enforcement agencies or in connection with an investigation on matters related to public safety, as permitted by the Applicable Law.

9.2.

The Cogoport Group will use the User Information for the purposes for which the Cogoport Group considers reasonable and that reason is compatible with the Applicable Laws. If the User wishes to get an explanation as to how the processing for the purpose is compatible with the Applicable Laws, please contact the Cogoport Group.

9.3.

Please note that the Cogoport Group may process User Information without requirement of any specific consent from the User in this regard, and in compliance with the Applicable Law.

9.4.

Each User accepts and acknowledges that any User Information available on the Website may be used by the Company: (a) for the purpose of providing the Services available on / through the Website; (b) in an aggregated or non-personally identifiable form for the purpose of research and analysis and for transfer of such research and analysis; (c) for communication purpose; (d) debugging customer support related issues; and / or (e) in anonymized form (i.e., non-personally identifiable) in order to help grow the business of the Company. Each User hereby consents to such collection, use and disclosure.

9.5.

Notwithstanding anything to the contrary contained in this Privacy Policy or the Terms and Conditions, the Cogoport Group may, at its sole discretion elect to outsource inter alia the User Information storage / processing function to a third party and / or share such User Information with the Cogoport Group’s Affiliates, agents, contractor or business partners (whether located within India or outside India) in order to enable the Cogoport Group to facilitate the Services to the Users. Further, the Cogoport Group may also disclose or transfer User Information to a third party as part of reorganization or a sale of a business unit (such as a subsidiary or an affiliate company) or an asset (such as a site). Any third party to which the Cogoport Group transfers or sells its assets to will have the right to continue to use the User Information provided to the Cogoport Group through the Website in the manner stipulated in this Privacy Policy.

9.6.

Generally, these third parties do not have any independent right to share this User Information, however certain third parties who provide services in relation to the Website, including the providers of online communications services, insurance brokerage services, insurance companies, other business and service provides companies, data-based companies, shipping lines, payment aggregators, payment gateways, subscription providers or any other providers of Services may use and disclose the personal information collected in connection with the provision of these services in accordance with their own privacy policies. In such circumstances, the User consents to the Cogoport Group disclosing the User's Personal Data to such third parties, solely for the intended purposes only.

9.7.

Notwithstanding the Clause above, the Cogoport Group will on a best efforts basis ensure that such third parties abide by this Privacy Policy in relation to the User Information being shared with them and enter into appropriate agreements to ensure that the third parties who receive the User Information implement the same security measures as currently used by the Cogoport Group or put in place adequate measures of their own which are commensurate to the security standards the Cogoport Group uses to protect User Information.

10.

International transfers

10.1.

The Cogoport Group may transfer User Information to countries other than the country in which such User Information originally was collected. Those countries may not have the same data protection laws as the country in which the User initially provided the information. When the Cogoport Group transfers the User Information to such other countries, the Cogoport Group will protect such User Information as described in this Privacy Policy.

10.2.

The User may contact the Cogoport Group if the User wants further information on the specific mechanism used by the Cogoport Group when transferring the User Information out of the jurisdiction in which such User Information was collected.

11.

Data security

11.1.

User Information is stored on the Cogoport Group’s database servers or hosted by third parties who have entered into agreements with the Cogoport Group that requires them to observe Cogoport Group’s Privacy Policy. Such data centres may be located in India or outside India. The Cogoport Group has a firewall and other technology to prevent individuals from accessing User Information without authorization. Data centres are designed to be physically secure and protected from unauthorized access of User Information by unauthorized persons.

11.2.

User Information is maintained by the Cogoport Group in electronic form on its equipment, and on the equipment of its employees. Such User Information may also be converted to physical form from time to time. The Cogoport Group takes all necessary precautions to protect User Information, both online and offline.

11.3.

The Cogoport Group makes User Information accessible to its employees, agents, advisers, directors and / or partners and third parties only on a need-to-know basis, and binds only its employees to strict confidentiality obligations.

11.4.

As part of the business functionality of the Cogoport Group, the Cogoport Group may retain and submit certain User Information to other Users (where required to so provide) or to the appropriate authorities (when requested to do so).

11.5.

The Cogoport Group has put in place procedures to deal with any suspected personal data breach and will notify the User and any applicable regulator of a breach where the Cogoport Group is legally required to do so.

12.

Data retention

12.1.

The Cogoport Group implements reasonable security practices and procedures and has a comprehensive documented information security programme and information security policies that contain managerial, technical, operational and physical security control measures that are commensurate with respect to the information being collected and the nature of the Cogoport Group’s business. the Cogoport Group has put in place appropriate physical, electronic and managerial procedures to safeguard and help prevent unauthorized access, maintain data security, and correctly use the User Information that is collected online.

12.2.

The Cogoport Group takes the User’s right to privacy very seriously and other than as specifically stated in this Privacy Policy, will only disclose User Information in the event it is required to do so by law, rule, regulation, law enforcement agency, governmental official, legal authority or similar requirements or when the Cogoport Group, in its sole discretion, deems it necessary in order to protect its rights or the rights of others, to prevent harm to persons or property, to fight fraud and credit risk, or to enforce or apply the Terms and Conditions.

12.3.

Further, the Cogoport Group shall not be responsible for any breach of security by events that are beyond the reasonable control of the Cogoport Group, including but not limited to, acts of God, strikes, lock-out, other industrial action, labour conflicts or problems, acts of war or civil unrest, civil commotion / disruption, riot, invasion, act of terrorism, acts of government, storm, flood, fire, earthquakes, explosion, public utility failures, industry wide shortages of labour or material, natural disaster, epidemics, pandemics (including COVID-19), lock-downs, impossibility of the use of railways, shipping line, aircraft, motor transport or other means of public or private transport, impossibility of use of public or private telecommunications networks or internet service provider failures or delays.

13.

Links of other websites on the Website: The Cogoport Group may from time to time provide links on the Website to third party websites for the User’s convenience and information. The Cogoport Group may also provide links to third party websites, social media platforms and pages therein which may be hosted and owned by third parties. Such third party websites are not owned, hosted or controlled by the Cogoport Group. When the User visits such other website or social media platform, the User does so at its own risk. Such third party websites or social media platforms may have their own privacy policies in place, which the Cogoport Group recommends that the User reviews in the event the User visits any such websites or social media platforms. The Cogoport Group does not, assume any responsibility or liability arising out of, or associated with the use of such third party websites or social media platforms, the content of such websites or their privacy practices, nor does the Cogoport Group endorse them. The Cogoport Group encourages the User to familiarize itself with the privacy policies provided by such other websites or social media platforms prior to providing them with information about the User, or entering into any transactions with / on them.

14.

Phishing: Identity theft and the practice currently known as “phishing” are of great concern to the Cogoport Group. Safeguarding information to help protect the User from identity theft is a priority for the Cogoport Group. The Cogoport Group does not and will not, at any time, request User’s PIN numbers or passwords in a non-secure, or unsolicited e-mail or telephone communication. Please refrain from providing such information through any non-secure medium.

15.

User’s legal rights

15.1.

The User has the right to:

Request access to User’s personal data that is directly or indirectly used or processed by the Cogoport Group (commonly known as a “data subject access request”).
Request correction of the personal data that the Cogoport Group holds about the User.
Request removal of the User Information. Note, however, that the Cogoport Group may not always be able to comply with User’s request of removal for specific legal reasons which will be notified to the User, if applicable, at the time of the User’s request.
Object to processing of the User Information where the Cogoport Group is relying on a legitimate interest (or that of a third party) and there is something about the User’s particular situation which causes the User to object to processing on this ground.
Request restriction of processing of the User Information.
Request the transfer of the User Information to the User or to a third party. Note that this right only applies to automated information which the User initially provided consent for the Cogoport Group to use or where the Cogoport Group used the information to perform a contract with the User.
Withdraw consent at any time where the Cogoport Group is relying on consent to process the User Information. However, this will not affect the lawfulness of any processing carried out before the User withdraws its consent.

16.

Termination of access

16.1.

Notwithstanding anything to the contrary contained in this Privacy Policy or Terms and Conditions:

(a)

where any User commits a breach of / fails to comply with any of the provisions of the Privacy Policy or Terms and Conditions;

(b)

where any User fails to comply with Applicable Law;

(c)

where any User uploads any information or data on the Website that is fraudulent, untrue, inaccurate, not current or incomplete at the time of it being uploaded, or the Cogoport Group has reasonable grounds to suspect that such information or data is untrue, inaccurate, not current or incomplete;

(d)

where the User commits a breach of the intellectual property rights of the Cogoport Group and / or any third person;

(e)

where a third party reports violation of any of its right as a result of a User’s use of the Website and / or the Services;

(f)

where the Cogoport Group has reasonable grounds for suspecting any illegal, fraudulent, unethical or abusive activity by such User; and

(g)

where the Cogoport Group believes, in its sole discretion, that a User’s actions are causing or may cause legal liability for other Users and / or the Cogoport Group or are contrary to the interests of the Cogoport Group, the Website, the Cogoport Group’s Intellectual Property and / or the User Information.

16.2.

The Cogoport Group shall have the right to immediately: (a) terminate the right of access / usage of such User to the Website and the Services; (b) to remove such non-compliant, fraudulent, untrue and / or inaccurate information / data from the Website; (c) de-activate the account of such defaulting User; (d) investigate and take appropriate action against a User for any such alleged breach; (e) file a complaint with or report any illegal activity to the appropriate Governmental Authority; and / or (f) take any other action deemed appropriate, under Applicable Law.

17.

No warranty for accuracy and completeness of data

17.1.

Each User hereby undertakes to ensure that any information / data uploaded on the Website shall be accurate and complete in all respects and that no false or misleading information / data shall be uploaded onto the Website.

17.2.

The Cogoport Group makes no representations or warranties (whether express or implied) and specifically disclaim any and all warranties of any kind, with respect to the Website, express or implied, including any representations or warranties with respect to title, non-infringement, availability, security, accuracy of information (including accuracy of User Information), merchantability, fitness for a particular purpose, freedom from viruses or malware, completeness of information (including completeness of User Information), timeliness, functionality, reliability, sequencing or speed of delivery.

17.3.

To the fullest extent permitted by law, the Cogoport Group disclaims all liability arising out of the User’s use or reliance upon the Website, the Services, representations and warranties made by other Users, the content or information provided by the Users on the Website, or any opinion or suggestion given or expressed by the Cogoport Group or any User.

18.

Limitation of liability

18.1.

Notwithstanding anything contained in the Agreement, in no event shall the Cogoport Group or its officers, directors, managers, partners, members, shareholders, employees, affiliates and / or agents (collectively referred to as “Indemnified Parties”) be liable to any person for any claims, liabilities, losses, payments, costs, expenses (including attorney’s fees), litigation, settlements, fines, penalties and / or damages, including, but not limited to any: (i) direct, indirect, punitive, special, incidental or consequential damages; (ii) the cost of procurement of any substitute Services; (iii) for loss, corruption, destruction or interruption of use of any material / data; (iv) for any loss of income, revenue, profits, business, contracts, anticipated savings, goodwill, reputation (hereinafter collectively referred to as “Claims”) arising out of or in connection with any access or use (or inability to use) the Website, including damages caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus (including any damage to a User’s equipment caused by a User’s access to, use of, or browsing the Website or the downloading of any material, data, text, images, video content, or audio content from the Website), communication line failure, theft, destruction or unauthorized access to, alteration of or use of any User Information, loss of business / revenue resulting from delays or information submitted by you not being received by the Cogoport Group or delayed receipt thereof, pricing issues or service interruptions whether by breach of contract, tortious behaviour, negligence or under any other cause of action, or any content obtained through the use of the Website. This Clause shall be applicable despite the Cogoport Group having been advised of the possibility of such damages or losses.

19.

Indemnification

19.1.

Each User shall defend, indemnify and hold harmless the Cogoport Group (hereinafter collectively referred to as the “Indemnified Party”) against all Claims brought against any Indemnified Party in connection with: (i) breach by a User of the Agreement, failure by a User to perform any covenant, undertaking or obligation under the Agreement and / or breach of any applicable laws; (ii) fraud, negligent acts or omissions, or wilful misconduct of any User in relation to the Website; (iii) infringement by any User of the intellectual property rights of the Cogoport Group and / or any third party, while accessing / using the Website and / or the Services; (iv) any loss suffered by the Cogoport Group as a result of any unauthorized use of a User’s account and password (on the Website); (v) any inaccuracy in or any misrepresentation or breach of any of the representations and warranties by the User under the Agreement; (vi) breach of security procedures by any User or any personnel of the User (who has been authorized to access the Website on behalf of such User); and / or (vii) unauthorized disclosure of any information / data uploaded on the Website, through any fault of such User and / or any claim arising in relation to availing the Services by such User.

19.2.

The Cogoport Group will notify the User promptly of any such Claim and in addition to the User’s foregoing obligations, the User agrees to provide the Cogoport Group with reasonable assistance, at the User’s expense, in defending any such Claim.

19.3.

In no event shall the Cogoport Group be liable to you or to any third party for any losses or damages arising out of User’s use of the Website or the Services, whether based on warranty, contract, tort (including negligence) or otherwise. The Cogoport Group does not accept any liability for any loss or damage (actual and consequential) resulting from or in connection with the use of the Website and/or the inability to use it or for any loss or damage (actual and consequential) resulting from any delay or failure in the performance of the Services for any reason whatsoever, including without limitation, on account of any third party or person or due to any technical or technological failure or any other circumstances beyond the reasonable control of the Cogoport Group.

19.4.

The indemnification rights of the Indemnified Party under the Agreement are independent of, and in addition to, such other rights and remedies that they may have in law or in equity or otherwise, including the right to seek specific performance, recession, restitution or other injunctive relief, none of which rights or remedies shall be affected or diminished by the other.

19.5.

The obligations stipulated under this Clause shall survive notwithstanding termination of a User’s right to access / use the Website and / or de-activation of account of a User.

20.

Governing law and dispute resolution

20.1.

This Privacy Policy between the Cogoport Group and the User shall exclusively be governed by the laws of Singapore.

20.2.

All disputes arising out of or in connection with this Privacy Policy shall be referred to arbitration in Singapore. The reference shall be to a sole arbitrator and shall be conducted in accordance with the Singapore International Arbitration Centre. Terms current at the time when the arbitration proceedings are commenced. The language of the arbitration shall be English.

21.

Grievances/ Complaints/ Feedback

21.1.

If the User has any questions about this Privacy Policy, including any requests to exercise the User’s legal rights, please contact the grievance officer of the Cogoport Group using the details set out below.

In case of Cogoport Universe Pte. Ltd.:

73 Upper Paya Lebar Road,
#08-01L, Centro Bianco,
Singapore 534818

In case of Cogoport Europe B.V.:

Tauro Statenkwartier Building President Kennedylaan 19
2517 JK, The Hague,
The Netherlands
call: +31 70 306 5952
care@cogoport.com

In case of Cogoport Private Limited:

1st floor, A wing, Ackruti Trade Centre,
Rd Number 7, Kondivita,
Andheri East,
Mumbai – 400 069

21.2.

The User has the right to make a complaint at any time to the Dutch Data Protection Authority. Kindly contact the Cogoport Group to deal with the User’s concerns before such User approaches the Dutch Data Protection Authority.