1. Definitions
The following terms are defined as follows in this Privacy Policy:
- We/Martide - Martide Manning Latvia SIA, registration number: 40203626599, legal address: Rīga, Dzirnavu iela 67, LV-1011, e-mail recruiting.lv@martide.com;
- You/Seafarers – Seafarers participating in the recruitment process organised by Martide. These terms may be used interchangeably throughout this Policy.
- Client - Martide’s clients (shipowners, ship managers), to whom we provide manning and placement services and with whom you as a seafarer will conclude Agreement;
- Agreement - the agreement concluded between you and the Client regarding your employment and placement on the vessel.
- Website - the website accessible at www.martide.com.
- Account - your personal account created on the Website.
2. What personal data do we collect and for what purposes do we use them?
2.1. Selecting and interviewing Seafarers
In order for us to provide our clients with the manning and placement services we carry out a selection process, whereby we select and interview you as a seafarer for the vacant positions announced by our Clients.
| Selecting and interviewing Seafarers | |
|---|---|
| Data categories | During the selection and the interview process, you provide us with and we collect the following data:
|
| Legal grounds for data processing | Legitimate interest to provide manning services to Clients and to carry out a selection and interview process to achieve this purpose (Article 6(1)(c) of the GDPR). |
| Duration of data processing | If you have been selected by the Client, we retain this data throughout the entire period of your placement on the vessel, as well as for a certain period of time after the termination of the agreement, in accordance with the requirements of the applicable legislation. The retention period after the end of the placement may vary, based on the applicable legislation. Generally, we retain personal data for 10 years after the end of the placement. If you have not been selected by the Client, we retain the data provided by you during the interview for 1 year after the end of the interview process. We retain the data regarding your qualifications and previous employment for 5 years after the end of the interview process in order to offer you future employment opportunities. |
| Chapter VII of the Privacy Policy lists cases and conditions where personal data of yours can be stored or otherwise processed for a longer period of time. | |
2.2. Facilitating a conclusion of an Agreement between the seafarer and the Client
In order for us to facilitate the conclusion of an Agreement between you and our Client, we need to process personal data included in your Agreement.
| Facilitating a conclusion of an Agreement between the seafarer and the Client | |
|---|---|
| Data categories | During the Application process, you provide us with and we collect the following data (required information may vary, depending on the required type of the insurance):
|
| Legal grounds for data processing | Legal obligations and requirements of legal acts (Article 6(1)(c) of the GDPR) in the following areas:
Legitimate interest to provide manning services to Martide’s Clients and to facilitate the process for concluding the Agreement between the Seafarers and the Clients, to achieve this purpose (Article 6(1)(c) of the GDPR). Also, please note that processing of your personal data is also required for the entry into or performance of your Agreement with our Clients (our Clients rely on (Article 6(1)(b) of the GDPR). Furthermore, processing is necessary for compliance with applicable laws and regulations to which the Clients are subject to (e.g. Flag state). |
| Duration of data processing | We retain this data throughout the entire period of your placement on the vessel, as well as for a certain period of time after the termination of the agreement, in accordance with the requirements of the applicable legislation. The retention period after the end of the placement may vary, based on the applicable legislation. Generally, we retain personal data for 10 years after the end of the placement. The data regarding the concluded Agreement between the Seafarer and the Client is retained permanently. |
2.3. Arranging travelling formalities
In order to enable you as a seafarer to efficiently travel to and from the ports where the vessels of our Clients are located and where your placement will take place, we need to process your personal data related to these travels.
| Arranging travelling formalities | |
|---|---|
| Data categories | To arrange your travel formalities, we process the following categories of your personal data:
|
| Legal grounds for data processing | Legitimate interest to provide manning services to Martide’s Clients and to facilitate the process for efficient travel for Seafarers, to achieve this purpose (Article 6(1)(c) of the GDPR). |
| Duration of data processing | We retain this data throughout the entire period of your placement on the vessel, as well as for a certain period of time after the termination of the agreement, in accordance with the requirements of the applicable legislation. The retention period after the end of the placement may vary, based on the applicable legislation. Generally, we retain personal data for 10 years after the end of the placement. |
| Chapter VII of the Privacy Policy lists cases and conditions where personal data of yours can be stored or otherwise processed for a longer period of time. | |
2.4. Organising seafarer training
In some cases, our Clients may require you to have a specific certificate or to complete a specific training. Thus, when required, we will assist with organising the relevant training.
| Organising seafarer training | |
|---|---|
| Data categories | During the process of organising a training for you, we process the following personal data:
|
| Legal grounds for data processing | Legitimate interest to provide manning services to Clients and to facilitate the process for training the Seafarers when required, to achieve this purpose (Article 6(1)(c) of the GDPR). Also, please note that processing of your personal data is also required for the entry into or performance of your Agreement with our Clients (our Clients rely on (Article 6(1)(b) of the GDPR). Furthermore, processing is necessary for compliance with applicable laws and regulations to which the Clients are subject to (e.g. Flag state). |
| Duration of data processing | We retain this data throughout the entire period of your placement on the vessel, as well as for a certain period of time after the termination of the agreement, in accordance with the requirements of the applicable legislation. The retention period after the end of the placement may vary, based on the applicable legislation. Generally, we retain personal data for 10 years after the end of the placement. |
| Chapter VI of the Privacy Policy lists cases and conditions where personal data of yours can be stored or otherwise processed for a longer period of time. | |
2.5. Providing assistance to you during your placement
There may be some situations where, during your placement on the vessel of our Client, you may require some assistance regarding the Agreement or other matters. We will process your personal data in such cases, when you reach out for our assistance or submit complaints or inquiries.
| Providing assistance to you during your placement | |
|---|---|
| Data categories | In order to provide you assistance, we process the following data:
|
| Legal grounds for data processing | Legal obligations and requirements of legal acts (Article 6(1)(c) of the GDPR) in the following areas:
|
| Duration of data processing | We retain this data throughout the entire period of your placement on the vessel, as well as for a certain period of time after the termination of the agreement, in accordance with the requirements of the applicable legislation. The retention period after the end of the placement may vary, based on the applicable legislation. Generally, we retain personal data for 5 years after the end of the placement. |
| Chapter VII of the Privacy Policy lists cases and conditions when these personal data of yours can be stored or otherwise processed for a longer period of time. | |
3. From what sources do we obtain your data?
We receive almost all of your personal data from you: when you apply for a vacant position, when you create your Account on the Website, data you provide during the interview and data you provide for conclusion of the Agreement with our Clients, as well as data you provide for organising travelling formalities, training or medical examination or the data you provide when you approach us to provide you with assistance.
Third party service providers/national authorities
We may also receive your personal data from on the third party service providers in the context of our services provided to our Clients or to you. For instance, this may include:
- Job websites
- Social media
- In person events
- travel agents for booking of flights and arranging visas;
- hotels for booking accommodation;
- train, bus and taxi companies for booking shore transport;
- port agents taking care of immigration formalities and arranging the transportation of Seafarers
- training centres for providing training courses;
- medical centres when assisting with arrangements for mandatory medical examination;
- flag state authorities for the issuance of flag state documents;
- governmental departments or authorities for compliance purposes with regulatory obligations.
Please note that our third party service providers/national authorities may process your personal data in capacity of a data controllers and line with their own privacy policies.
4. Do we share your data with others?
Clients
Taking into account that the primary purpose of Martide’s activities is to select and interview Seafarers and later facilitate the conclusion of the Agreements between the Seafarers and the Clients, the data listed under sections 2.1.-2.5. above will be shared with Martide’s Clients. We will share your personal data with the relevant Client with whom you are interviewing or concluding the Agreement. We will inform you regarding the name of the specific Client during the interview process.
Third party service providers/national authorities/previous employers
In order to efficiently carry out our activities and to provide services to our Clients, as well as to enable a seamless process for your employment, placement and the formalities related to travelling ,training and medical examination, we rely on various service providers and other sources:
- previous employers for the verification of your sea services
- travel agents
- hotels for booking accommodation;
- train, bus and taxi companies for booking shore transport;
- port agents taking care of immigration formalities and arranging the transportation of Seafarers from/to the airport;
- training centres for providing training courses and/or verification of training certificates;
- medical centres when assisting with arrangements for mandatory medical examination;
- flag state authorities for the issuance and/or verification of flag state documents;
- maritime administrations for the verification of certificates;
- governmental departments or authorities or consulates or visa agencies for the application of visas;
- governmental departments or authorities for compliance purposes with regulatory obligations.
We also rely on various other service providers (e.g. providers of server hosting, data centres, cloud computing, audit, accounting, legal, tax advisory services, administration of damages, and other services).
5. Do we transfer personal data to third countries?
Given the international nature of the industry, personal data transfers to countries outside the European Union is required in situations, where the relevant Clients or crewing agencies, with whom the relevant Seafarer concludes an Agreement, are located in such third countries. Furthermore, the data that we collect from you and process using Martide may be transferred to, and stored at, a destination outside the EU. It may also be processed by staff operating outside the EU who work for us or for one of our suppliers. Such staff maybe engaged in, among other things, the provision of support services. By submitting your personal data, you are informed regarding this processing. In particular, your data may be accessible to Martide’s staff outside the EU or may be stored by Martide's hosting service provider on servers in the USA as well as in the EU.
We will transfer your personal data countries outside the European Union only if one or more of the following applies:
- you have explicitly given your consent to the transfer of your personal data;
- the transfer is necessary for the entry into or performance of your Agreement with our Client;
- the transfer is necessary for arranging training/travelling formalities;
- the transfer is necessary for Martide to provide its services to our Clients or to you.
6. Do we rely on profiling and automated decision making?
Profiling is a form of automated processing of personal data consisting of the use of personal data to evaluate certain personal aspects relating to you. We do not rely on profiling and automated decision making during the interview process.
7. How long do we store your personal data?
Personal data specified in this Privacy Policy shall be stored and otherwise processed for no longer than the period specified in Section II of this Privacy Policy for each relevant data category and for no longer than necessary to achieve the purposes for which the data were collected.
In those cases when the data storage period is not indicated in this Privacy Policy, your data will be stored no longer than necessary for achievement of the purposes, for which the data were collected, or for a period set by legal acts.
After the end of your data processing and storage period set in this Privacy Policy, we destroy your data or anonymise them irreversibly and reliably as soon as possible, within a period reasonably necessary for performance of such an action.
If different processing or storage periods can be applied to the same data category for different purposes in accordance with this Privacy Policy, the longest of the applicable periods shall apply.
Your personal data can be stored for a period longer than indicated in this Privacy Policy only when:
- your data is necessary for the proper administration of damages (for example, you have caused damage to us or other persons), examination and settlement of a dispute, complaint, the protection of our legitimate interests or those of third parties;
- that is necessary in order that we could defend ourselves from existing or threatening demands, claims or legal actions and exercise our rights;
- there are reasonable suspicions of violations, illegal activities, which are or may be a subject to investigation;
- this is necessary for ensuring the functioning, resilience, integrity of backup copies, information systems, traceability of operations, statistical and other similar purposes;
- there are other grounds provided for in legal acts.
8. Your rights
You, as a data subject, have certain rights under the GDPR, including the right:
- to request access to your personal data and get a copy thereof;
- to request rectification or restriction of inaccurate or incomplete personal data;
- to request deletion or restriction of personal data which are excessive or unlawfully processed;
- to object to the processing of your personal data;
- to request transfer of your personal data provided in a structured, machine-readable format;
- to withdraw your consent at any time if data processing is based on the data subject’s consent (withdrawal of the data subject’s consent shall not affect lawfulness of data processing before the withdrawal of the consent);
- to file a complaint with the Data State Inspectorate of Latvia (Datu valsts inspekcija) (Elijas str. 17, LV-1050 Rīga, Latvia, e-mail: pasts@dvi.gov.lv), however, we would recommend contacting us first and we will try to resolve all your concerns together with you.
How can you contact us to exercise of your rights?
You can submit your request for the exercise of your rights to us in the following ways:
- submitting a request by e-mail at support@martide.com, signed with qualified e-signature (e.g. by use of Smart-ID or M-signature), or
- sending a request by e-mail at support@martide.com with a notarised copy of the personal ID document.
8.1. The right to access data processed and the right to obtain a copy of personal data
Should you wish to obtain a copy of your personal data. write us at support@martide.com.
8.2. Right to rectification of personal data
In case of changes in data presented by you to us or in case you think that the information processed by us about you is inaccurate or incorrect, you have the right to demand to modify, amend or correct such information.
8.3. Right to withdraw the consent
When we process your data on the basis of your consent, you have the right to withdraw your consent at any time and data processing based on your consent will stop.
8.4. Right to object to data processing, when processing is based on legitimate interests
You have the right to object to personal data processing, when personal data is processed based on our legitimate interests.
8.5. Right to erasure (right to be forgotten)
When there are certain circumstances indicated in the legislation on personal data protection (e.g. when the basis for data processing has disappeared, etc.), you have the right to request that we erase your personal data. In order to exercise this right, please contact us.
If you provide us with the request to erase all or some of your data and express your wish “to be forgotten”, we will no longer process those data of yours which will no longer be necessary for the purposes for which they were collected or otherwise processed. After you have exercised the right “to be forgotten”, your personal data will be further processed for the following main purposes and on the following main grounds (the list is non-exhaustive):
- for the purposes of meeting accounting, tax requirements, personal data will be further processed according to Article 6(1)(c) of the GDPR (data processing is necessary to fulfil the legal obligation imposed on the data controller);
- in order to manage clients’ complaints and other requests and inquiries, personal data will be processed according to Article 6(1)(b) of the GDPR (it is necessary to process data in order to fulfil the Agreement, a party to which the data subject is);
- in case of disputes, administration of damages, in order to pursue our other legal claims and protect our rights, data will be further processed according to Article 6(1)(f) of the GDPR (data processing is necessary in pursuance of legitimate interests of the data controller or a third party).
8.6. Right to restriction of data processing
When there are certain circumstances indicated in personal data protection legislation (when personal data is processed unlawfully, when you challenge data accuracy, you stated an objection to data processing on the basis of our legitimate interest, etc.), you also have the right to restrict your data processing.
However, we must point out that, because of the restriction of data processing and during the period of such restriction, we may be unable to guarantee you all the Services.
In order to exercise this right, please contact us.
8.7. Right to data portability
In order to exercise this right, please contact us.
8.8. Right to lodge a complaint
If you think that we process your data in breach of requirements of personal data protection legal acts, we always ask that you contact us directly at first. We believe that our good will efforts will be enough to disperse any doubts you may have, to answer your questions, to satisfy requests and correct any errors we made, if any.
If you are not satisfied with a problem solution we suggest or if, in your opinion, we are not taking actions that must be taken in order to satisfy your request, you will have the right to lodge a complaint with the Data State Inspectorate of Latvia (Datu valsts inspekcija) (Elijas str. 17, LV-1050 Rīga, Latvia, e-mail: pasts@dvi.gov.lv).
9. How do we ensure the security of your personal data?
We use appropriate organisational and technical personal data security measures, including protection against unauthorized or unlawful processing of data and against accidental loss, destruction or damage. Such measures have been selected taking into account the risks that may arise for your rights and freedoms as those of a data subject.
We regularly monitor our systems for possible breaches or attacks, but it is not possible to guarantee full security of information transmitted online. With this in mind, you provide us with information by use of the internet connection at your sole discretion and assuming any associated risks.
10. You can contact us as follows:
Martide Manning Latvia SIA, Rīga, Dzirnavu iela 67, LV-1011, e-mail: recruiting.lv@martide.com;