This Privacy Notice provides information regarding the personal information which is processed by MSTS Payments, LLC (‘MSTS’ or ‘we’) within the Shell group of companies (‘Shell’) in relation to (i) individuals who work for, or on behalf of, or who are shareholders, counterparts, managers or members of our business customers (‘Business Customers’), (ii) suppliers or vendors (‘Suppliers’), (iii) business counterparts, as well as investors and shareholders (‘Business Counterparts’).
For individuals who require access to a MSTS or Shell site on behalf of a Business Customer, Supplier or Business Counterpart you will be asked to provide additional information to enable you to be identified for health, safety and security purposes and to manage the relationship between MSTS or Shell and the relevant Business Customer, Supplier or Business Counterpart. For further information please refer to the Privacy Notice – MSTS Business Customer, Supplier, Partner or Investor at https://www.multiservicefuelcard.com/privacy
For individuals who apply to work for MSTS, or who attend a recruitment event or undertake an assessment please refer to the Privacy Notice – MSTS Recruitment at https://www.multiservicefuelcard.com/privacy
Bespoke notices and supplementary privacy statements may contain further information about how MSTS is processing your personal information. In those instances, such privacy notices will be communicated to you separately.
This Privacy Notice explains what personal information is processed about you, why we are processing your personal information and for which purposes, how long we hold your personal information for, how to access and update your personal information, as well as the options you have regarding your personal information and where to go for further information.
We do not sell the personal information of any customer or vendor to third parties, and we also do not allow the third parties with whom we share your personal information to sell it. While we may be permitted to sell anonymized and de-identified data, as defined by applicable laws, note that such data can no longer identify an individual.
Special Notice – if you are under 16 years old. Processing children’s personal information
We do not intentionally collect personal information of individuals under 16 years old. If you are under 16 years old (or a different age to reflect local legal requirement as communicated on the MSTS website), please do not send us your personal information, for example, your name, address and email address. If you wish to contact MSTS in a way which requires you to submit your personal information, please get your parent or guardian to do so on your behalf.
We process personal information from and in relation to individuals who are, or who work for or on behalf of or who are shareholders in our Business Customers, Suppliers, Business Counterparts in the following categories:
- Private contact and other information (such as name, postal and/or email address, phone number, date of birth, Social Security number, professional licenses (e.g. DOT number)) if necessary; or
- Business contact and other information (such as job title, department, name of organization, and your dealings with MSTS or Shell on behalf of yourself or the relevant Business Customer, Supplier, Business Counterpart); and
- Customer data, payment data, employee data and/or website user data
- Vehicle identification number where it relates to MSTS services.
Sensitive personal information
We will only collect sensitive personal information about you with your knowledge and/or where necessary to comply with applicable laws or undertake credit checks where your Social Security number may be required. By providing us this information, you agree that we can collect, store, use, and transfer it for the purposes provided and as may be permitted under applicable law. You agree further that you will not send us and will not disclose to us any sensitive categories of information unless required by us to provide the services for which you have contracted with us.
In addition, in order to comply with legal and regulatory obligations, to protect MSTS’s and its affiliates’ assets and employees/contractors and specifically to ensure that MSTS can comply with trade control, anti-money laundering and/or bribery and corruption laws and other regulatory requirements, we carry out screening (pre-contract and on a periodic basis post-contract) on owners, shareholders and directors of our Business Cutomers, Suppliers and Business Counterparts. This screening takes place against publicly available or government issued sanctions lists and media sources.
The screening does not involve profiling or automated decision making in relation to the counter-parties or potential counter-parties.
MSTS Payments, LLC whose registered office is at 1201 Hays Street, Tallahassee, FL 32301-2525, USA, and/or one or more of the companies within the Shell group of companies, either solely or jointly with its affiliates with the Shell group of companies.
We process personal information covered by this Privacy Notice for the following purposes:
- Business execution – including providing, researching, developing and improving products or services; concluding and executing agreements with Business Customers, Suppliers and Business Counterparts; recording and settling services, products and materials to and from a Shell company; managing relationships and marketing such as maintaining and promoting contact with existing and prospective customers, account management, customer service, and development, execution and analysis of market surveys and marketing strategies;
- Organization and management of the business – including financial management, asset management, mergers, demergers, acquisitions and divestitures, implementation of controls, management reporting, analysis, internal audits and investigations;
- Health, safety and security – including protection of an individual’s life or health, occupational health and safety, protection of Shell companies and staff, authentication of individual status and access rights; or
- Legal and/or regulatory compliance – including compliance with legal or regulatory requirements or for a secondary purpose where it is closely related, such as:
- storing, deleting or anonymizing personal information;
- fraud prevention, audits, investigations, dispute resolution or insurance purposes, litigation and defence of claims; or
- statistical, historical or scientific research.
Communication and marketing
You may receive offers on behalf of the relevant Business Customer, Supplier or Business Counterparts. On all occasions you will be given the opportunity to use the unsubscribe functionality through the different digital channels we use to interact with you.
The personal information covered by this Privacy Notice is only processed:
- in order to take steps at the request of an individual prior to entering into a contract;
- where it is necessary to comply with a legal or regulatory obligation to which the relevant MSTS company/companies is subject to;
- where it is necessary for the purposes of fulfilling an agreement with a Business Customer, Supplier or Business Counterparts and the legitimate interests pursued by the relevant MSTS company/companies, except where such interests are overridden by the interests or fundamental rights and freedoms of the individual/s; or
- establishing a cardholder’s identity if requested by your employing or contracting company;
- completing credit checks in relation to key individuals per customer such as company directors. We do not credit check each individual cardholder;
- operating the account(s) and facilitating access to and use of the online services relating to the MSTS Fuel Card services;
- assessing and/or reviewing the card status and/or purchase record of the MSTSFuel Card on an ongoing basis;
- monitoring volume and spend information;
- registration for other related services and different payment methods ;
- for safety and security reasons, MSTS and its customers; and
- (only if legally required) with the explicit consent of the individual.
In those cases where processing is based on consent, and subject to applicable local law which provides otherwise, you have the right to withdraw your consent at any time. This will not affect the validity of the processing prior to the withdrawal of consent.
We have implemented technology and policies with the objective of protecting your privacy from unauthorized access and improper use. In particular, we may use encryption for some of our services, we apply authentication and verification process for access to MSTS services and we regularly test, assess and evaluate the effectiveness of our security measures.
The personal information covered by this Privacy Notice is exclusively processed for the purposes referred to above and will only be shared on a strict need to know basis with the following categories of recipients:
- Other companies within the Shell group of companies;
- Authorized third party agents, service providers, external auditors and/or subcontractors of MSTS;
- A third party in the event of a business transition such as a merger, assignment, acquisition of another company, or sale of part or all of our assets; in which case personal data may be disclosed to the third party or your personal data held may be among one of the assets transferred.
- A competent public authority, government, regulatory or fiscal agency where it is necessary to comply with a legal or regulatory obligation to which the relevant MSTS company/companies is subject to or as permitted by applicable local law; or
- As necessary or appropriate to enforce our terms and conditions, and to protect our rights, privacy, safety or property, and/or that of our affiliates, you or others.
Interacting with MSTS through social media
If you choose to interact with MSTS through social media on a MSTS administered social media page (‘MSTS Social Media Page’) such as Facebook and LinkedIn, your personal information (such as your name, your profile picture and the fact that you are interested in MSTS) will be visible to all visitors of your personal webpage depending on your privacy settings on the relevant social media platform, and will also be visible to MSTS. Should you desire to delete information that you share on these sites at any time, please follow the process set forward by the relevant social media platform. MSTS does not track your activity across the different social media sites that you use. Please contact MSTS if you wish to make a request that you are unable to action yourself and which relates to a MSTS Social Media Page – see the section below ‘Your rights in relation to your personal information.
Additionally and to the extent MSTS is jointly responsible with a social media platform of a MSTS Social Media Page, MSTS will have access through the social media platform to aggregated data providing statistics and insights that help to understand the types of actions you take on MSTS Social Media Pages. For more information on how your personal information is processed on those social media platforms, including any targeted advertising that you may receive, please refer to your privacy settings accessible through your relevant social media platform’s account.
Transfers of your personal information to other countries
Where your personal information has been transferred to companies within the Shell group and/or to authorized third parties located outside of your country, we take organizational, contractual and legal measures to ensure that your personal information is exclusively processed for the purposes mentioned above and that adequate levels of protection have been implemented in order to safeguard your personal information. These measures include contractual obligations preventing service providers from selling your personal information.
Personal information gathered by MSTS for these processes either directly or indirectly are required in order to:
- Fulfil legal requirements and/or which is required for entering into a contract with a counter-party and continuing to contract with that counter-party; or
- Maintain contact with Business Customers, Suppliers and Business Counterparts.
Failure to provide us with the information required will negatively affect our ability to communicate with you, ability to perform the agreed services, or our ability to enter into a contract with a counter-party or continue to contract with a counter-party.
With some exceptions which are explained in supplementary privacy statements, any personal information that is required for the purposes of conclusion and execution of agreements with Business Customers, Suppliers and Business Counterparts or for considering bids or tenders, will be held during the duration of the contractual relationship and up to 20 years after. For agreements which have a term of more than five years and for the purposes set out above, these agreements will be held for 35 years with effect from the commencement of the agreement.
Personal data contained in invoices, transaction files, correspondence with customers and requests to issue new fuel cards is retained for no more than 10 years.
In all other cases for the purposes set out above, including personal information MSTS which relates to the screening against publicly available or government issued sanctions lists and media sources, such personal information is held for no longer than 15 years after it was first gathered.
In all cases, information may be held for (a) a longer period of time where there is a legal or regulatory reason to do so (in which case it will be deleted once no longer required for the legal or regulatory purpose) or (b) a shorter period where the individual objects to the processing of their personal information and there is no longer a legitimate business purpose to retain it.
We aim to keep our information as accurate as possible. Regardless of which State or Country you are resident of you can request:
- access to your personal information;
- correction or deletion of the personal information (but only where they are no longer required for a legitimate business purpose);
- that you no longer receive marketing communications on behalf of the relevant Business Customer, Supplier or Business Counterpart;
- that the processing of your personal information is restricted; and/or
- that you receive personal information that you have provided to MSTS, in a structured, digital form to be transmitted to another party, if this is technically feasible.
You may also contact the Shell Group Chief Privacy Officer at Shell International B.V. The Hague, The Netherlands – Trade Register, No. 27155369 Correspondence: PO Box 162, 2501 AN, The Hague.
Without prejudice to any rights you may have in line with local law you have the right to lodge a complaint with the Dutch Data Protection Authority whose address is Prins Clauslaan 60, 2595 AJ The Hague, Netherlands. Please visit https://autoriteitpersoonsgegevens.nl/en for more information.
This Privacy Notice may be changed over time. You are advised to regularly review this Privacy Notice for possible changes. This Privacy Notice was last updated in October 2021.