On the basis of Article 13 (1&2) of Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of individuals with regard to the processing of personal data and on the free movement of such data and repealing Directive 95/46 / EC (hereinafter referred to as GDPR), Journal UE L 119/1 of 04/05/2016, which came into force on May 25, 2018, I hereby inform you of the following:
The Controller with regards to your personal data is the Manning Agency BALTEAM CREWING AGENCY (0000167875), possessing a document No: 15/L/SZC/18 authorizing to send seafarers to work on ship: 06.12.2018 issued by the Director of the Maritime Authority in Szczecin.
1.Your personal data will be processed in the purposes of:
a) implementation of the recruitment / employment process on sea-going vessels in international trade with a foreign shipowner in accordance with the provisions of the 2006 MLC Convention, Act of 5 August 2015 on work at sea (Journal of Laws 2015 item 1569 with later amendments) , Act of 20 April 2004 on the promotion of employment and labor market institutions (OJ 2017, item 1065, as amended) and the Collective Agreement of the ITF concluded between Polish trade unions of seafarers and the Main Recipient of Personal Data processed by the Data Controller.
b) fulfilling legal obligations resulting from legal regulations based on art. 6(1b and c) GDPR (performance of the employment agency contract);
c) performance of obligations arising from legitimate interests pursued by the Data Controller or by a third party pursuant to art. 6 (1f) GDPR.
2. The scope of personal data being processed:
„Ordinary Personal Data”: name; name; sex; date and place of birth; citizenship; PESEL (or other personal register) number; address; bank account number for wage transfer; e-mail adress; phone number; seaman’s book number; passport number; information about qualifications, diplomas and maritime certificates, position on the ship, as well as data relating to the next family member (Next of Kin): name and surname, degree of relationship, correspondence address and contact details.
Special categories of personal data: health (in particular included in the health certificate); trade union membership of a seafarer on the basis of the provisions of the ITF Collective Agreements referred to in Pt. 1a;
3. Providing personal data referred to in point 2 is voluntary, although it is necessary to conclude the agreement referred to in Pt. 1b;
4. Your personal data is not subject to automated decision making, and will not be processed for other purposes than specified in Pt. 1.
5. Your personal data may also be transferred to the following entities: government administration entities [in particular: authorities competent for immigration in ports of call, port state control (Port State Control) and state flag control (Flag State Control) ], port authorities, providers of medical and health care services as well as personal, property and civil liability insurance of the shipowner – based in the EU / EEA country and a country providing an adequate level of protection of personal data processing operations according to the European Commission’s decision on the basis of Article. 45 (3) GDPR as well as the state that did not obtain EC’s adequacy decision regarding the determination of an appropriate level of protection of personal data processing operations.
6. In case of urgent necessity (eg life / health hazards) transfer of personal data referred to in pt. 2 to the third country specified in Article 49 GDPR (ie not complying with the requirement to have an adequate level of protection according to the European Commission decision based on Article 45(3) of the GDPR), the Data Controller will inform you or the next family member (Next Of Kin) within the meaning of the ITF collective agreement about the level of appropriate safeguards in a given country, means by which to obtain a copy of them or where they have been made available.
7. In the event of the Data Controller’s Obligation to submit data to an international organization, i.e. the International Transport Workers Federation – ITF based in London, the provisions of pts 5 and 6 shall apply accordingly.
8. The provided personal data will be processed until your consent is withdrawn or the purpose of processing specified in pt. 1 of this document ceases to exist, except for the obligations arising from:
a) fulfillment of a legal obligation requiring processing under EU law or the law of the Member State to which the Data Controller/ Employer is subject or to perform a task carried out in the public interest or in the exercise of public authority entrusted to the Data Controller / Employer;
(b) on grounds of public interest in the field of public health in accordance with Article 9 (2)h) and i) and Article 9(3) GDPR;
(c) for archival purposes in public interest, for scientific or historical research purposes or for statistical purposes in accordance with Article 89 (1) GDPR, as long as it is probable that the law specified in art. 17 (1) GDPR (the so-called “right to be forgotten”) will prevent or seriously hinder the implementation of the purposes of such processing;
d) establishment, investigation or defence of claims of a seaman or Data Controller.
9. After the withdrawal / modification of the consent referred to in point 8 – the Data Controller will notify you about the state of execution of your request.
10. At any time, based on art. 15 and next of GDPR, you are entitled to access personal data concerning you, rectify them, delete or limit the scope processing or to exercise the right to object to the processing, as well as the right to transfer data. You may exercise these rights directly with the Authorized Persons at the Data Controller’s office – in writing, by means of electronic communication or verbally to the protocol in the presence of a witness appointed by you.
11. If you think that the processing of your personal data by the Data Controller violates the provisions of the GDPR Regulation and other applicable acts,, you have the right to lodge a complaint to the President of the Office for Personal Data Protection (address: Stawki 2 St. , 00-193 Warsaw) on the basis of art. 77 GDPR in conjunction with from art. 34 (2) of the Act of May 10, 2018 on the Protection of Personal Data (Journal of Laws 2018, item 1000). The complaint is free of fees.
12. By submitting the data of the Next of Kin, I have been informed about the obligation to provide information by the Data Controller on the basis Article. 14 of the GDPR and I hereby undertake, on behalf of the Data Controller, to forward to the Next of Kin the document containing information meeting the requirements of art. 14 GDPR, the receipt of which I hereby confirm.