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PERSONAL DATA PROTECTION POLICY OF INDIVIDUALS  OF SAPKO-C.E.LTD.

(CONFIDENTIALITY POLICY) – END USERS

Last updated on: 8 May, 2018                                     

SAPKO – C.E. Ltd. respects the privacy of its Customers and guarantees to the maximum extent possible the protection of their personal data, processed during or in connection with filing applications for employment on board of cruise ships, river passenger ships, yachts and other marine structures in accordance with License No 1738 of 25.06.2014 for performing intermediation activity in employment of marine specialists in accordance with the Maritime Labour Convention, 2006.

This Policy is based on the requirements of Regulation (EU)2016/679 of the European Parliament and Council of 27.04.2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (Regulation (EU)2016/679 ) .

In order to provide intermediary services for employment of marine specialists in accordance with the Maritime Labour Convention, 2006 (“The services”) SAPKO – C.E. Ltd., management address: 11A, Tsar Asen St., Varna 9000, UIC 148026874, processes data of natural persons (“Data subjects”/”You”) in accordance with this Policy.

All amendments and additions to the Confidentiality Policy shall become effective after publishing its updated version, accessible on our website: www.sapkoenchev.com

The Confidentiality Policy is applicable to your personal data as a natural person in connection with your application for employment, submitted to various Companies – Employers according to your qualifications and skills. 

In the process of the personal data processing SAPKO – C.E. Ltd. complies with all applicable laws and regulations on personal data protection, including, but not only, Regulation (EU)2016/679 (“The Regulation”).


In accordance with the Regulation “personal data” means any information related to you, by which you can be identified. Personal data processing (“Processing”) means any operation or set of operations, which is performed on personal data, whether or not by automated means.

1.      Categories of persons, whose data is processed

In connection with the intermediary services for employment of marine specialists SAPKO-C.E. Ltd. processes information about the following data subjects:

(а) natural persons, registered as job seekers as Candidates;

(b) natural persons, who are employed through the intermediary service of SAPKO-C.E. Ltd. ;

(c) natural persons, not registered, but users of Internet or Facebook page of SAPKO-C.E.Ltd. and all social networks and sites with marine orientation, with which SAPKO-C.E.Ltd. has relationships.
(
d) natural persons, who have made inquiries (incl. by phone call), or have filed requests, notifications, complaints to or other correspondence with SAPKO-C.E.Ltd.
(
e) natural persons, for which there is information in inquiries (incl. by phone call), requests, notifications, complaints to or other correspondence, addressed to SAPKO-C.E.Ltd.

(f) legal persons – employers and partners, with which SAPKO-C.E.Ltd. has contractual relationships.

2. Data processed in connection with the provision of the Services

SAPKO-C.E.Ltd. is a company, registered under the Commercial Act by Decision No 2812 of 19.04.2006, entered in the Business Register by lot No 22, volume 538, page 92 under company’s case No1394/2006, Unified company’s number 0306013942, Bulstat 148026874, which collects, processes and stores your personal data in accordance with the provisions of this Policy.

SAPKO-C.E.Ltd. is an administrator of personal data within the meaning ofRegulation (EU)2016/679 and the Personal Data Protection Act.

You may contact us at our management address:

11A, Tsar Asen St.

Varna 9000, Bulgaria

For all matters in connection with the processing of your personal data you may also contact the Data protection officer of SAPKO-C.E.Ltd. with the following contact details:

Vasil Dimitrov, IT specialist, phone: +359 888 514 757; e-mail: vasil.dimitrov@gmail.com

Dimo Tsvetkov, Attorney-at-law, phone: +359 887 415 777; e-mail: dimo_tzvetkov@abv.bg

2.2. Definitions

Controller/Inspector/Administrator: Means a natural or legal person, public authority, agency or other body which, alone or jointly with others, determines the purposes and means of the processing of personal data; where the purposes and means of such processing are determined by the European Union or the Member State law, the Controller/Inspector/Administrator(or the specific criteria for nomination of Controller/Inspector/Administrator ) may be provided for by the Union or the Member State law.

Data processor: Means a natural or legal person, public authority, agency or other body which processes personal data on behalf of the Controller/Inspector/Administrator.

Processing: Means almost every use of personal data, such as collection, organisation, analyzing, storage, alteration, disclosure, transfer or archiving.

Personal data subject: Natural person, whose personal data is processed.

Personal data: means any type of data that can be used to identify the natural person, directly or indirectly, or to localize it. All data, combined with other non-personal data may be reasonably used for identification of a natural person.  Data, which is anonymous or de-identified for statistic assessments or researches/studies, is not subject to this definition.

Sensitivepersonaldata: All personal data that reveals a racial or ethnic origin, information regarding the health, political opinions, religious or philosophic believes, information regarding sexual life of the natural person,membership in trade unions.

Providersofgoodsandservices:means a third person, which processes personal data on behalf of other organization.


2.1.
Depending on the specific purposes and legal basis SAPKO-C.E.Ltd. processes the data, specified hereinbelow, individually or in combined manner:    


Youdecidewhether and how to use the Services, provided by SAPKO-C.E.Ltd. It is clearly shown in the forms, where you enter personal data, the obligatory or the voluntary nature of the data, which you have to submit. The obligatory data is data, without which it is impossible for us to provide to you the respective Service or part thereof.


(а)
Registration as a job seeker/Candidate according to the requirements of the Employers/ Ship Owners/ Ship Operators. You mayuse all or some of the Services after registration. In order to create your registration/file/profile and to seek and offer a job according to the skills, qualification and wishes of the candidate, it is necessary you: 

-          To fill out an application form and to enter: name and contacts (address, telephone, email, skype), sex, personal number of a resident or foreigner’s personal number, data and place of birth, for identification purposes and to contact you in connection with a potential offer for work and employment or other related information.

-          Details about your family: marital status and information about spouse or partner (children and dependents) – for the purposes of administration of compensations, social security, child’s benefits and other benefits following your employment, which refer to the members of your family, so that the application form to be filled out correctly in the the Employer/Ship Owner/Ship Operator’s system and we to be able to contact with members of your family, stated by you in the application form, in the event of emergency.

-          Information regarding citizenship, visas, information about passport and identity document, social security number or other equivalent number in accordance with the local legislation – for the purposes of establishing the legality of your candidacy and your future employment, and to comply with the law in force and to arrange your travel details in connection with your employment and joining the ship of place of work/ filling out the instructions, the Regulations and the policies of the Company-Employer/Ship Owner/Ship Operator, as required by the international laws and rules - STCW, IMO, ISMCodeand other regulations in accordance with theMLC 2006.

-          A photo – for identification purpose. It is recommendable to attach your photo to your application. Your recent photo shall be seen by the Employers, which you chose and agree your application to be submitted.

-          Information on past work experience, language skills, professional skills and talents, qualifications, trainings, education, certification and recommendations/job performance evaluation forms by previous employers – we need this information to distribute the human resources in a suitable and effective manner, including to ensure that the position, offered to you/at which you are appointed, corresponds to your qualifications and skills (work capacity evaluation). We also use this information for the purposes of evaluation of your application for new job positions and promotions, discussing and review, and for planning and career development.

-          Your CV – you are given the option to submit your CV, drawn up by you and at your own discretion it may include the following information: name, email, address for correspondence, telephone number, citizenship, date of birth, sex, residence; education and qualifications; work experience and information on past positions; skills; language skills; possession of a driving license and other additional information. Your CV will be kept as a hard copy and in electronic version (soft copy) in the candidate’s file in the same form as submitted by the candidate.

(b)data, necessary and stored as a hard copy and in electronic file of the Candidates in connection with their employment according to the requirements of the Employers/Ship Owners/Ship Operators.

For the purposes of performing intermediation activity for employment of marine specialists and provision of services, in the electronic and paper file of the candidates shall be stored additional information, necessary to verify the legality of the employment and for administration of the wages and salaries, compensations, social security, child benefits and other benefits, resulting from the employment relationship of the candidate with the respective Employer:

-          Information for check of criminal history, new employment and termination (in accordance with the local applicable law) – this information is necessary in order the Employer/ Ship Owner/ Ship Operator to fulfill its legal obligations and to ensure the safety of the personnel and the premises.

-          Information about parents, date and place of birth of the candidate/employee and its children – necessary for the purposes of registration in the respective social security administration in the country of registration of the Employer/Ship Owner/Ship Operator for administration of compensations, social security and payment of child benefits.

-          Bank account number or other financial information relevant for the employment relationship – for administration of the payrolls (i.e. for the purpose to be paid the candidate/employee his/her wages/salaries and to be administered and provided his/her additional compensations.

-          Information about physical data of the candidate/employee (height, weight, shoe size, uniform size) – in order to provide uniform clothes for performance of the work by the employed candidate/employee.

-          Information about present or past health conditions, disabilities – for the purposes to establish and certify the fitness for performance of the work activities, for which the candidate/employee is employed.

-          Information, related to the security and access to systems (in accordance with the applicable law) – In order to ensure security of our systems and the systems of the Employer/Ship Owner/Ship Operator, and security of the personal data and the confidential or proprietary information and of the personnel and the premises; for the purposes of identification of the candidate/employee and obtaining respective access to such systems as part of the centralized systems and applications of the Company.

(c) Other data

Sapko-C.E.Ltd. may also process other data, referring to the candidates/employees in cases, where they have provided such data voluntarilyby filling out the respective electronic forms on the website or other documents and declarations for consent.

SAPKO-C.E.Ltd. shall not collect, use or process personal data of a person, looking for a job or an employee, in the cases, prohibited by the local law. The type of personal data of the employees, collected by SAPKO-C.E.EOOD, may vary among the various Employers/Ship Owners/Ship Operators according to the countries, where their companies have registration and under what flag their ships sail, and in accordance with the local legislation and the rules of the respective Employer/Ship Owner/Ship Operator, based on the local legislation, SAPKO-C.E.Ltd. may not collect all categories of Employee’s personal data, stated above.

TheabovementionedPersonaldataconcerning job seekers and employees include specific type of sensitive personal data, which SAPKO-C.E.Ltd. may collect and process only if it is necessary and if legal basis for this exists and with the explicit consent of the Candidates/Natural persons.

3. Purposesandlegalbasisforpersonaldataprocessing

SAPKO-C.E. Ltd. collects, uses and processes the information described hereinabove, for the purposes stated in this Policy and in the Conditions for providing and performance of intermediation activity for employment of marine specialists, which include:

  • Purposes, necessary in order to enter into and to perform the Contract for Intermediation Service between the candidates, looking for a job and SAPKO-C.E.Ltd.
  • Purposes, necessary for protection and safeguarding the legitimate interests pursued by Employers/Ship Owners/Ship Operators as users of the Services and SAPKO-C.E.Ltd, as an intermediary for employment of marine specialists.
  • Purposes, for which the Candidates have given their express consent;
  • Purposes, necessaryinSAPKO-C.E.EOODtofulfillitslegal

Entering into and performance of a contract

Thiscategoryincludespurposesof the steps of entering into and performance of the contract of intermediation service between the Candidates, looking for a job and SAPKO-C.E.Ltd., as an intermediary under License No1738/25.06.2014 for performing intermediary activity for employment of marine specialists, including the required processing of data in order to make registration, creating of a paper file and an electronic file, and for the activities of providing intermediary services for employment of marine specialists on board of ships, sailing under foreign flag. In addition, these purposes include the communication with the Candidates, including by email, Skype, Facebook and other social media, necessary in connection with provision of Services of selection, offering a job and employment and/or notifying the Candidates for job opportunities, or for changes in the provided Services. To this end it may be necessary to process all or some of the abovementioned categories of data with the explicit consent of the candidates/natural persons.

Legitimate interest

These are purposes in connection with the legitimate interests of SAPKO-C.E.Ltd. and/or third persons such as Employers/Ship Owners/Ship Operators, representatives of Employers, etc. These purposes include:

  • Providing normal functioning and carrying out intermediation activity for employment of seamen, maintenance and administration of the Services, resolving disputes arisen, establishing and prevention of malicious acts.
  • Finding out and solving technical problems or problems related to the functionality, development and improvement of the Services.
  • Communicating with the Candidates, including by email, concerning important matters, related to the Services.
  • Acceptance and processing of notifications, complaints, requests and other correspondence;
  • Exercisingandprotectionoftherightsandlegal interests of SAPKO-C.E.Ltd., including by initiating legal action. 

Fortheabovepurposesitmaybenecessaryto process all or some of the abovementioned categories of personal data.

Legal obligations

The purposes, related to complying with the legal obligations of SAPKO-C.E.Ltd., comprise fulfillment of the obligations set forth in the law for storage or providing of information when receiving a specific order by the competent state or court authorities, or when providing opportunity for the competent state authorities to exercise their controlling powers, or upon fulfillment of the legal obligations of SAPKO-C.E. Ltd. to notify the candidates about different details, related to their rights, or with the services for employment or with the protection of their data, etc. For the above purposes it may be necessary to process all or some of the abovementioned categories of personal data.

Explicitconsent

The data of the candidate may be processes on the basis of his/her explicit consent, and the processing in this case is specific and within the degree and scope as stated in the respective consent.

4. DATA RETENTION PERIOD

The period of storing the personal data depends on the purposes of processing, for which the data is collected. When storing the data SAPKO-C.E.Ltd. applies the general principle of storage of data in a minimal volume and for a period not longer than the necessary for provision of the Services of intermediation activity for employment of marine specialists, ensuring the data security and reliability and in accordance with the requirements of the law.

In the event of eventual rejection of the candidacy, non-approval, ceasing the selection and screening for the job position on board of the ships of the Employers/Ship Owners/Ship Operators and/or by the explicit request of the Candidate/natural person, the application form with personal data and all related documents shall be returned to the Candidate not later than 30 days.

The documents and the personal data in the paper and electronic file of the Candidates/natural persons, who are approved (work on rotation principle, continue to participate in the selection process, in interviews, undergo qualification, new qualification or training, related to upgrading in their job) shall be stored for 3-year period, unless the Candidate/Natural person/Crew member terminates unilaterally the Contract of Intermediation Service signed with SAPKO-C.E.Ltd., which is drawn  under the requirements of the Ministry of Labor and Social Policy, Employment Agency and the Ordinance on the Conditions and Procedures for conducting Intermediation in Employment

Personal data, processed in order to issue accounting/financial documents for exercising tax and social security control, including, but not only, invoices, contracts for provision of services, etc, shall be stored minimum 5 years after the expiry of the limitation period for repayment of the public debt, unless the applicable law determines a longer period.

In the event of legal dispute or legal proceedings, requiring storage of data and/or by demand of a competent state authority, it is possible the data to be stored for longer period than the above periods, until the final end of the dispute or legal proceedings in all courts. The periods stated herein may be changed if a different requirement for storage of the information is established according to the current legislation.

5. DISCLOSURE OF INFORMATION

SAPKO-C.E.Ltd. shall not disclose your personal data to third persons in any other way, except the way described in this Policy, the Conditions and in the cases, provided for in the law.

SAPKO-C.E.Ltd. accepts the personal data of the candidates on the legal grounds that the processing is necessary in connection with the performance of the intermediation activity for employment of marine specialists and in connection with their job application for work on ships, sailing under foreign flag.

All sensitive personal data of an employee shall be processed on the grounds that it is necessary in order to fulfill its duties and exercising its rights in the working process/ under the social security and social protection laws – we process sensitive data with the explicit consent of the candidates, only.

The applications of the job seekers shall be submitted to the Employers/ Ship Owners/Ship Operators after obtaining the explicit consent of the candidates and by their own will, only.

Only a certain number of officers from the human resources department, the legal, financial IT and accounting departments (responsible officers or persons with management responsibility, only) shall obtain an access to the personal data of the employees, when it is necessary in connection with their obligations at work.

SAPKO-C.E.Ltd. shall not store the employee’s personal data for any period, longer than the period, which is necessary for achieving the purposes and/or as required by the applicable law.

This Policy refers to the storage and processing of personal data by SAPKO-C.E.Ltd. When the application of the candidate is sent to the Employer, the Employer’s personal data protection policy shall apply on the personal data, received by him. 


With regard to the above all companies/ship owners/ship operators have a special human resources management system, where they store and process the personal data and the application forms of the natural persons, which operates in accordance with the requirements of the Regulation. This ensures the protection of the files and documents of the natural persons in the specialized regulated and controlled system of administration.

If the candidates provide to SAPKO-C.E.Ltd. personal data concerning members of the family and/or other dependents, they will be responsible to inform them regarding their rights related to the processing of their personal data for these purposes. The candidates shall also be responsible to obtain the explicit consent of these persons regarding the processing (including disclosure and transfer) of their personal data for the purposes, set in this Policy.

6. DISCLOSURE OF EMPLOYEE’S PERSONAL DATA TO THIRD PARTIES

As a part of the business operations, SAPKO-C.E.Ltd. may disclose the employee’s personal data to third parties – employers or providers/operators of intermediation services related to employment of seamen, in connection with:

-          Human resources administration;

-          The process of employment of an employee;

-          Assistance for arrangement of travels and IT support and

-          On-line training. 

Some of these providers/operators of intermediation services may be located in countries outside the European Economic Area or Switzerland, where may not be ensured the same level of protection of the employee’s personal data as in the home country of the employee. All Employers/Ship Owners/Ship Operators have their own strict organization, a centralized system and special programming products/HR directories, which comply with Regulation (EU) 2016/679“.

The Company shall carry out due diligence upon the selection of such third parties – providers of services, and shall ensure an adequate protection by appropriate contractual measures or by any other manner so that such third parties-providers of services to maintain adequate measures of technical and organizational security for protection of the personal data of the employees. 

The Company may also disclose employee’s personal data to state agencies and regulators (for instance, tax authorities), social authorities (for instance, social security administration). Courts and other tribunals, and state authorities, or in the context of any sale or transaction, which includes all or part of the business, as all this shall be done to the extent, required or allowed by the applicable legal obligations.


7. INTERNATIONAL TRANSFER OF THE EMPLOYEE’S PERSONAL DATA TO SHIP OWNERS/SHIP OPERATORS/EMPLOYERS /SUBSIDIARIES OR SUB-CONTRACTORS OF SAPKO-C.E.Ltd.

The local subsidiaries (legal persons) of the Company may transfer employee’s personal data to the parent company. All transfers of employee’s personal data to the management teams of the companies from the USA and/or from the European Economic Area shall be made only after taking adequate preventive measures to ensure that the employee’s personal data has the same protection as required under the data protection legislation of the EU.

8. SECURITY AND STORAGE

SAPKO-C.E.Ltd. maintainsappropriate technical and organizational security measures to protect against unauthorized or unlawful processing of the employee’s personal data of and/or accidental loss, alteration, disclosure or access, or accidental or unlawful destruction or damage of employee’s personal data. The personal data related to you and your employment shall be kept in accordance with the local laws for maintaining employee files (records). If no longer needs to be kept and/or in cases of non-approval, and/or at the will/by request of the natural person according to the law, the Company shall safely and on regular basis destroy the employee files by drawing up the respective documents.

9. RIGHTSANDOBLIGATIONSOFTHE EMPLOYEE AS DATA SUBJECT

SAPKO-C.E.Ltd. maintains procedures to help ensure that the employee’s personal data is reliable for its intended use, and accurate, complete and current. To the extent, required by the applicable law and subject to certain exceptions, the employees have the right of access, review, updating and correction or to request their personal data as employees to be deleted. The employees shall file all requests for access or updates of, or correction or deletion of their personal data as employees, to the Company, as stated below.

Inaddition, you as a data subject have the right to request the Company as an Administrator for the following:

(1)   Access to your personal data(as an employee);

(2)   Correction or deletion of your personal data(as an employees);

(3)   Restriction of the processing;

(4)   Ceasing the data processing on an objection basis;

(5)   Personaldataportabilitythe right to transfer employee’s personal data to other Administrator; and

(6)   Right to withdraw your consent for processing. The consent withdrawal shall not make invalid the processing, based on a consent, which was performed before such withdrawal.

Theserightsmayalso beexercised by contacting the Confidentiality Team.

If you have any additional questions or need additional information, you may contact the team, responsible for conducting the business of the Company in line with the new requirements of Regulation(EU) 2016/679 on the protection of natural persons with regard to processing of personal data, published on the website of the Company:

Vasil Dimitrov, IT specialist, phone: +359 888 514 757; e-mail: vasil.dimitrov@gmail.com

Dimo Tsvetkov, Attorney-at-law, phone: +359 887 415 777; e-mail: dimo_tzvetkov@abv.bg

Furthermore, ifyouarelocated in the European Economic Area and consider that processing of your personal data as an employee by us breaks the data protection laws, you have the right to lodge a complaint to the respective Data Protection Supervisor authority in the country, where you are located or at any place within the European Economic Area, where you consider that the infringement of the law has occurred (or where you consider that we have not solved the problem, which you referred to us).

9.1. Right of Withdrawal of Consent. The candidates have the right to withdraw at any time their consent for personal data processing, based on the consent given by them. Such withdrawal shall not affect the lawfulness of the processing, based on consent before it has been withdrawn.


9.2.
Right of objection. The candidates have the right to object to processing personal data on the basis of legitimate interest.

In the event of such objection we will examine the situation and if it is justified we will satisfy it. If we consider that there arevalid legal grounds for the processing or that the processing is necessary for ascertaining, lodging or protecting lawful claims, we will inform the respective candidate in this regard.


9.3.
Right to lodge a complaint with a supervisory authority. The candidates have the right to lodge a complaint with a supervisory authority if they consider that the processing of personal data concerning them breaks the applicable law on personal data protection. The supervisory authority in the Republic of Bulgaria is the Commission for Personal Data Protection, with address: 2, Prof. Tsvetan Lazarov Blvd., Sofia1592.


10.
DATAACCURACY


SAPKO-C.E.Ltd. is not responsible for the authenticity of the data provided by the Candidates, does not conduct checks in this connection and does not guarantee the actual identity of the natural persons, who have provided the data. In all cases of doubt, or fraud and/or misuse established by you, please, notify us immediately.  The candidates are obliged when provide any information in the office or on the website of SAPKO-C.E.Ltd or other media, not to infringe the rights of other persons concerning the protection of their personal data or other rights they have.