Posten Bring's Privacy Statement regarding Customs clearance for parcels and letters
This Privacy Statement explains how Posten processes personal data in its customs clearance for parcels and letters. In addition to this Privacy Statement, the Posten Group's general Privacy Statement applies, which can be found at https://www.posten.no/en/privacy-policy. The General Privacy Statement explains your rights and how to contact Posten to exercise your rights, if you have any questions or wish to complain about Posten’s processing of your personal data.
Posten Bring AS is responsible for the processing of personal data in connection with customs clearance for parcels and letters, CRN 984 661 185, Biskop Gunnerus’ Gate 14 A, 0185 Oslo, Norway.
1. What type of information we have, why we have it and how we use the information
In this section, we explain which of your personal data we process, for what purposes the data are used, and the legal basis for processing your data.
1.1 Purpose for Posten's Customs clearance:
Posten processes personal data in order to perform customs clearance services for import and export consignments in accordance with authorization from the Norwegian Customs Authority.
When importing to private individuals, goods must be declared through Customs, either using a simplified or formal customs clearance procedure. In order to speed up the release and delivery of imported goods, Posten uses automated customs clearance if the consignment is supported with adequate documentation.
Simplified Customs clearance is available for goods that are being sent to private individuals and with a value of up to 3,000 kroner (excluding transport and insurance) unless the sender has charged Norwegian duties upfront (VOEC scheme). The scheme does not include restricted goods such as food, alcohol, and tobacco products.
The simplification consists of fewer requirements for detailed product description and there is no need to identify the recipient with a social security number (11 digits).
Customs clearance is required for consignments imported to Norway with a value exceeding 3,000 kroner. These includes works of art, antiques, and restricted goods such as alcohol, tobacco products, medicines, dietary supplements and all foods and beverages.
Consignments exported from Norway requires customs clearance when:
- the value of the consignments exceeds 5,000 kroner
- the consignment is re-exported, and
- return of consignments.
When customs clearance is performed, Posten sends detailed information about the goods which are imported or exported to the Norwegian Customs. Posten calculates and charge VAT, duties or any fees based on the contents of the shipment/ product description. It is further a requirement in the customs regulation that the social security number (11 digits) must be stated in a formal customs declaration.
If a social security number is required for a formal customs clearance, Posten may contact the customer accordingly. The social security number is kept in an encrypted format in Posten’s customer database.
What type of Personal data we process for this purpose:
Name and address (recipient and sender), consignment number, social security number (not required in a simplified customs clearance), description of the contents of the consignment, value, type of goods, size, and weight. For import consignment, duties are reported to the government (VAT, and any duties).
The legal basis for processing personal data for the stated purpose:
In order for the processing of personal data to be legal, we need to identify the valid reason according the GDPR (known as a “legal basis”). There are several different alternative processing bases, of which Posten has defined that “legitimate interest” is the relevant basis for processing personal data in connection with our customs services. We have not based the processing basis on a requirement for consent.
The Customs Act stipulates requirements for how a consignment is to be declared. In order for Posten to be able to clear a consignment through Customs on your behalf, we need to process the personal data as required by law. We do this automatically to ensure your consignments are cleared through Customs as quickly and cost effectively as possible.
It is important for Posten that our processing of personal data does not result in any adverse consequences for our customers. We have accordingly set up a solution where customers have the opportunity to opt out of Posten performing the customs clearance on their behalf for consignments with a value above 3,000 kroner, as well as for restrictions such as food, alcohol and tobacco products. It is not possible to opt out of customs clearance related to shipments with a value of less than 3,000 kroner, as such goods are cleared automatically by Posten. We have assessed it in such a way that even though it is not possible to opt out of automatic customs clearance of such goods, this will not be of a negative consequence for the recipient, as fewer personal data are processed than with customs clearance of goods over 3000 kroner. Furthermore, this is a much cheaper, faster and more practical solution for both the recipient and Posten. With this background, we believe that Posten has a basis for processing personal data in connection with our customs services based on "legitimate interest".
1.2 Purpose for Posten’s processing of payment information:
Recipients must pay Posten a Customs clearance fee when importing goods and. must also pay import charges to the government (VAT and any duties).
What type of personal data we process for this purpose:
Name and address (recipient), tax amount and customs clearance charge that the recipient must pay, other payment information such as the order number/consignment number and payment status.
The legal basis for processing personal data for the stated purpose:
Posten needs to process payment information related to your consignment in order to be able to perform customs clearance on your behalf. This processing is based on legitimate interest.
Recipients must pay Posten a Customs clearance fee when importing goods. This applies to both simplified and full customs clearance. The recipient must also pay import charges to the state (VAT and any duties) for consignments that do not qualify for any import duty relief.
1.3 Purpose for processing requests to make a reservation from Posten’s Customs clearance:
If you request to make a reservation from Posten’s customs clearance services, Posten is required to save this information so that we do not clear goods through customs for persons who have made a reservation from this service.
What type of personal data we process for this purpose:
Name, address, telephone number and e-mail address
The legal basis for processing personal data for the stated purpose:
Information about your reservation from Posten’s customs clearance service is processed by the legitimate interest, as Posten needs to know about your reservation from this service, to avoid future customs clearance on Your behalf.
2. How we share your personal data
Posten will only share your personal data with third parties if (i) it is necessary for the purposes set out in this Privacy Statement, (ii) we are required to do so in order to comply with any legal or regulatory obligation or Government order, (iii) it is necessary in order for us to safeguard our interests, ie., to defend ourselves against any claims.
We do not share or disclose any of your personal data without your consent, other than for the purposes specified in this Privacy Statement. This does not prevent us from engaging data processors to process personal data on our behalf (in accordance with the terms of a Data Processing Agreement – DPA).
If Posten uses data processors to collect, store or otherwise process personal data on our behalf, we have entered into DPA to maintain information security at all stages of the processing.
In the event that Posten should use a data processor outside the EU/EEA, we have entered into the EU standard contractual clauses, which ensures a legal and responsible transfer of personal data. For consignments customs cleared by Posten, we have a statutory obligation to disclose personal data about you (related to the shipment) to the Customs authorities at destination.
3. Retention period
Posten is required to retain customs declarations and basic documentation for 5 years. This is a requirement set out in both the Customs Act and Regulations, and in the Bookkeeping Act.
4. Questions & complaints
If you have any questions in relation to our processing of your personal data, please contact our Data Protection Officer at: personvernombud@posten.no
If you think that our processing of your personal data is not in line with this Privacy Statement or that we in other ways do not comply with the requirements of the privacy legislation, please contact us. You may also address your complaint to the Norwegian Data Protection Authority. The contact details of the Norwegian Data Protection Authority can be found on its website: www.datatilsynet.no/en.