6/15/2020

READ THIS PRIVACY POLICY CAREFULLY BEFORE USING METRO PORTS’ WEBSITES

METRO PORTS’ COMMITMENT TO PRIVACY. The Metro Ports affiliated companies including Metropolitan Stevedore Company, Suderman Contracting Stevedores Inc., Southeast Crescent Shipping Company, Pacific Warehouse Company and Great Lakes Stevedoring LLC (collectively, "Metro Ports" or “we”) respect and are committed to protecting the privacy rights of our customers, visitors, and other users of Metro Ports’ websites (collectively, the “Sites”). This Privacy Policy (“Policy”) explains (1) the types of information we gather from visitors to the Sites and (2) what we do with the information we collect. By accessing, using, or otherwise interacting with the Sites, you agree to be bound by the terms and conditions of this Policy.

YOUR CALIFORNIA PRIVACY RIGHTS. California customers have a right to privacy and protection of all personal information related to them. Personal information includes any information that identifies, relates to, describes, or can be associated and/or linked to a consumer or household. Under California’s Consumer Privacy Act (“CCPA”) a qualifying Business is required to disclose this personal information collected upon request.

Pursuant to Section 1798.83 of the California Civil Code, residents of California have the right to request, once a year, if we have collected, disclosed, sold or shared their personal information with other companies for those companies’ direct marketing purposes during the preceding calendar year. You also have the ability to opt out of the collection and sale of personal information shared and the companies among which it is shared. To request a copy of the information, please contact us at 310.816.6500, e-mailing us at bdinfo@metroports.com.

INFORMATION WE COLLECT ABOUT YOU. We collect 2 general categories of information about users through our Sites. When you visit or browse our Sites, you may provide us with (1) personal information that can be directly associated with a specific person or entity, or (2) website user information regarding a group or category of services or customers. Any and all information disclosed is done for business purposes; none of it is sold by Metro Ports.

Personal Information. When you visit or browse our Sites, you may provide us with personal identifying information that can be directly associated with a specific person or entity. As a general matter you can visit the Sites without revealing personal information, but we may collect personal information you give us when you contact us by e-mail or respond to surveys. For example, we may collect your:

• Name
• E-Mail address, content of email messages, and responses
• Mailing address
• Port location
• Website and other social media information
• Sex, age range, highest education completed, ethnicity, occupation, household yearly income range

Website Information. Our web servers automatically receive certain types of website user information when you use our Sites, for example, your domain name and IP address(es), date and time of visits, the type of browser you use, the website from which your visit originated, page visits, time spent on web pages, and other similar website “traffic data”. Such information may be integrated into customer relationship management programs so our sales and marketing personnel can identify areas of possible interest for prospective or current customers.

No personal information about you will be revealed in this integration process. We do not set any personally identifiable information in cookies. Cookies are only used to collect website user information so that we can determine how to improve our Sites and complete transactions at your request. You can generally choose whether to accept cookies by changing the settings on your website browser. However, if you choose to disable this function, your browsing experience at our Sites may be eliminated while some features may not work as they were intended.

USE AND SHARING OF PERSONAL AND WEBSITE INFORMATION. All data collected, including personally identifiable information, will only be used for the business purpose in which it was provided. Metro Ports does not publish, share, trade, sell or disseminate any of the registered information or provided to us through the Sites, but may use such information as indicated below.

Use of Personal Information. We may use your personal information to verify your identity, check your qualifications for services, to follow up with transactions initiated on the Sites, track your use of the Sites, or communicate with you. If at any time you do not wish to receive these communications, please let us know (see contact information below). When we use other agents, contractors, or companies to perform services on our behalf, we advise them that they are to protect your confidential information, and not disclose such information except in limited circumstances

Use of Website Information. We use aggregate information to analyze our Sites’ traffic, but we do not examine this information for individually identifying information. We may use anonymous IP addresses to help diagnose problems with our server, administer our site, or display website content according to your preferences.

Use of Information in Surveys. At times we conduct on-line surveys to better understand our Sites’ visitors' needs and the information is used by Metro Ports to improve marketing efforts. Data gathered may also be used to send information and promotional material about Metro Ports and new applications to be launched on the Site. Participation in the surveys is optional. Information gathered is used by Metro Ports to improve marketing efforts.

Use of Information in Business Transfers. Information about our website users, including personal information, may be disclosed as part of any merger, acquisition, sale of company assets, subsequent owner, co-owner, operator, or transition of service to another provider, as well as in the unlikely event of an insolvency, bankruptcy, or receivership in which personal information would be transferred as one of the business assets of the company.

Use of Information to Protect Metro Ports and Others. We will disclose personal information as required by the CCPA as well as when required to do so (1) by law to conform or adhere to legal federal state or local laws and lawful legal proceedings, (2) protect and defend the rights or property of Metro Ports or users of the Sites, or (3) act in case of emergency to protect the safety of the public or users of the Sites.

Federal Trade Commission - Children's Online Privacy Protection Act. Our Sites are general audience websites, and we do not direct any of our content specifically at children under 13 years of age. We understand and are committed to respecting the sensitive nature of children's privacy online. If we make available services online where a child informs us that s/he is under the age of 13, or we otherwise learn or have reason to suspect that a Sites’ user is under 13, we will ask a parent to confirm his/her consent in advance of further collection, use or disclosure of personal information from that child. At any time, parents may review the personal information collected, ask to have it deleted, and refuse to allow any further collection or use of the child's information.

NETWORK AND INFORMATION SECURITY. We maintain a variety of physical, electronic, and procedural safeguards to prevent the loss, misuse, and alteration of the information that we obtain from you, but we cannot guarantee our ability to prevent loss, misuse, or alteration.

PLACEMENT OF ADVERTISING ON OTHER WEBSITES

Metro Ports may place advertisements for its services on other websites, or use third-party ad companies to place advertisements about our services on other websites. These companies may use cookies and other technology to measure the effectiveness of our advertisements. To measure advertising effectiveness and offer selective ad content, the ad serving companies may use anonymous information about your visits to our and other websites. However, the ad serving companies use an anonymous number to identify you -- not your name, address, phone number, email address, or anything that personally identifies you. The use of such cookies is subject to the ad serving company's privacy policy, not this Policy.

THIRD PARTY WEBSITE AREAS BEYOND METRO PORTS’ CONTROL. The Sites may contain links to other websites. If you choose to visit other websites, our Policy does not follow you there or apply. We are not responsible for the privacy practices or content of other websites, and it is your responsibility to review the privacy policies of other websites to ensure that you agree with their policies.

Our Commitments under US Law & EU GDPR

We maintain a robust security and privacy program that carefully considers data protection matters. Our websites are subject to applicable state and federal laws including regulations of the Federal Trade Commission (FTC). If applicable, we will comply with the General Data Protection Requirements (GDPR) for adequate protection in the transfer of personal information from the EU to a third country. We are prepared to cooperate with European Union (EU) data protection authorities (DPAs) with regard to sensitive personal data transferred from the EU, if any.

Cookies

Our websites do not use cookies to capture or store user/visitor personal information on our behalf. Please be advised it is possible that your own browser or other user interface systems, sites, applications and services use cookies that do not originate with our websites.

Special Note to Users Outside of the United States

We transact business with clients operating throughout the world, and we have communications that cross borders. Our offices are located in the United States, and our servers are located in the United States. We do not transfer your personal data outside of the United States, except to you (if applicable) or with your authorization.

If you reside in the European Union, please be advised that your personal data, if any, will be processed outside of the European Economic Area (EEA). We do not process, store or transfer data within the EEA. We will take steps to the effect that your information is adequately protected and processed in accordance with this Privacy Policy. Please contact us using the contact details in this Privacy Policy if you want to request further information on the specific mechanisms used by us if transferring your personal data out of the EEA.

UPDATING THIS POLICY. Metro Ports may revise, amend, or modify this Policy from time to time. Notice of any revision, amendment, or modification will be posted on the Sites and/or by email and will be effective on the date noted in the posting. This Policy may not be amended or modified except by means of a written document signed by you and an authorized representative of Metro Ports. By continuing to use our services after the amendments are effective, you accept and agree to abide by them.

Contacting Us. If you have any questions, comments or complaints concerning this Policy, please contact us at 310.816.6500, e-mailing us at bdinfo@metroports.com.

¹ The CCPA applies to any for-profit business that (i) does business in California, (ii) collects personal information of California residents (or has such information collected on its behalf), (iii) determines on its own or jointly with others the purpose and means of processing that information, and (iv) meets one or more of the following criteria: (a) has annual gross revenues in excess of $25 million, adjusted for inflation; (b) annually buys, receives for a commercial purpose, sells or shares the personal information of 50,000 or more consumers, households or devices; or (c) derives 50 percent or more of its annual revenues from selling consumers’ personal information.