Personal Data Processing Policy

GOOD WINDS Marine Services S.R.L. (“GOOD WINDS”, “us”), registered with the Trade Register of CONSTANTA under no. J13 / 2468/2012, unique registration number RO 30904669, registered office in Str. Mihai Viteazul, 47 Bis, CAEN Code 7830, Authorization Romanian Naval Authority Series APN 17 No. 0222 hereby informs about the way in which it processes the personal data and the rights (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 (hereinafter referred to as GDPR).

Good WINDS Data Protection Officer can be contacted at dataprotection@goodwinds.ro.

What does “personal data” mean?

Personal data means any information about an identified or identifiable individual (“the data subject”).

Data processing performed by GOOD WINDS

Data processing means any operation or set of operations performed on personal data or personal data sets with or without the use of automated means such as collecting, recording, organizing, structuring, storing, adapting or modifying, extraction, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, restriction, erasure or destruction. GOOD WINDS processes personal data for the purposes stated in this section, and for each purpose one or more of the operations described above may be used. When collecting and using personal data, our policy is transparent about the reason and the way we process personal data.

Legal basis and purpose of processing personal data

 GOOD WINDS processes your personal data in accordance with GDPR, national data protection laws, and in accordance with industry-specific regulations. In case you want to find a job through our company, GOOD WINDS needs your data for:

a) The provision of employment services as well as for the fulfillment of obligations and the exercise of specific rights as an employer and / or recruitment agent in the context of concluding, executing and terminating labor contracts and / or embarking on board ships , river and coastal under Romanian or foreign flag.

Offering job placement services involves carrying out activities such as referrals to employers, shipowners, shipping companies, see List of partners and collaborators with the right to operate your personal data, notification of competent authorities / bodies about the issues needed to view getting a job through GOOD WINDS Marine Services, filing employment records, paying on behalf of shipowners / employers, any other operations required to promote for employment in compliance with the new requirements imposed by GDPR

b) The data provided are also processed for:

• Managing our relationships with you, including but not limited to sending information and vacancies on openings (if you have agreed to this purpose) and for developing our activity and services in accordance with the applicable legal provisions (how such as identifying customer needs, risk analysis, reporting to authorities, improving service delivery);
• monitoring / security of people, spaces, goods belonging to / used by GOOD WINDS in this context the company can watch video of some parts of the premises in which it operates to ensure the guard and protection of people, goods and valuables, buildings and their fencing;
• Archival purposes;
• complying with any legal, regulatory or professional requirements in which GOOD WINDS is a member (codes of conduct at maritime and river industry level);

Providing, communicating or communicating from GOOD WINDS details of vacancies, training, qualification and re-qualification programs, promotions, or campaigns to get your job as well as attracting new partners (marketing processing ).

The legal basis for processing personal data

It is stipulated in Article 6 (1) (b) of the GDPR – processing for pre-contractual and contractual purposes as well as for compliance with certain legal provisions according to Article 6 para. (1) (c) of the GDPR. GOOD WINDS also processes your data and in accordance with the provisions of Article 6 (1) lit. (f) of the GDPR to protect the legitimate interests of GOOD WINDS or third parties. This may be particularly necessary: ​​i) to ensure IT security and IT operations; (ii) to promote available jobs, market and opinion surveys, or. To the extent that special categories of personal data are required (eg, your health data), GOOD WINDS requires your consent in accordance with art. 9 par. (2) lit. (a) of the GDPR. Performing statistical surveys, as far as they are done, will be based on art. 9 par. (2) lit. (j) of GDPR and processing for marketing purposes shall be made only on the basis of the consent of the person concerned according to art. 6 par. (1) (a) of the GDPR.

Types of personal data that we process

The GOOD WINDS policy is to collect only the personal data required for agreed purposes, and we ask our applicants to communicate personal data only where it is strictly necessary for these purposes. When we have to process our personal data to provide our services, we can ask our applicants to provide information about other targeted individuals such as family members, P & I insurance policyholders, emergency contact persons and / or who have been explicitly nominated by the applicant for the purpose of performing operations, legal obligations while traveling abroad and / or on board seagoing ships.

Personal data categories processed  by GOOD WINDS:

Personal identification data (name, surname, home address / residence, age, date of birth, gender, telephone, email, CNP, nationality, handwritten signature and digital signature,

Data on education and professional experience (history of education and training, qualifications, certifications – patents and maritime licenses, courses and qualifications, professional experience, specializations, any other data necessary to promote, recommend and sustain your employment.

• Financial data (information related to the bank account, beneficiaries during the absence of the country, other instructions and operations requested by the latter for completing various operations involving such data (Bank certificates, income certificates, payments made in their name, payments made to yours)
• Special categories of personal data, such as health data (physical and mental health data or medical complaints stated in medical questionnaires and resulting from medical analyzes made at the conclusion of a work / embarkation contract, medical data collected from medical providers for the settlement of services accessed by the seafarer, medical data collected in the indemnification process in case of an insured event), biometric data (signature), data on contraventions, offenses or other facts mentioned in the documents issued by the police for the files of employment.
• Location, image, and audio-video recordings of individuals (videos captured by surveillance cameras installed at GOOD WINDS, IP address captured when using GOODWINDS websites and applications). Data is required to ensure security and protection at GOOD WINDS, to improve the services provided, to resolve complaints and any requests from clients, as well as to provide the technical functionalities of the online platforms used by GOOD WINDS.
• Family data, and social circumstances (marital status, details about family / spouse / partner / dependents).

In the recruitment, hiring and / or human resource management process (including agents / intermediaries, individuals), the personal data sphere can include the following types of information:

• personal data that allow the candidate / employee to be identified: name, first name, gender, date of birth;
• information provided by the candidate to allow for the initial specific tests: address, telephone, fax, e-mail address;
• information allowing verification of the eligibility and selection conditions for the recruitment process: nationality, foreign languages, education, professional experience;
• where appropriate, the results of the initial and other related tests.

All these references outline the identity of a person and are usually found in the CV even when the person concerned initiates an application for a job.

Source of personal data

GOOD WINDS collects personal data directly from you or from third parties (such as the Romanian Naval Authority, police, medical clinics authorized to carry out a medical visit for employment, embassies, ticketing agencies, maritime certification bodies, training centers and training). In case you have to process personal data obtained from third party legal entities, the latter have the obligation to provide you with the necessary information regarding the use of personal data transmitted. Our clients may use the relevant sections of this Privacy Policy or guide the individuals concerned, as the case may be. Personal data can be collected directly from applicants for available jobs.

In all cases where personal data is communicated by a person other than the data subject, the person communicating the data has the obligation to transmit the Information Note to the data subject or to direct the data subject to this Privacy

Consequences of refusal to provide personal data

You choose if you want to benefit from our services, so you are not usually required to provide your personal data to GOOD WINDS. However, to the extent that you have opted for our company or otherwise benefit from our services / products, the provision of personal data is a necessity from the perspective of legal requirements and / or legal relationship with us because this information is required for employment on board sea and / or river ships, and in the absence of GOOD WINDS possession of these data, we will not be able to promote, sustain or complete our engagement.

However, some of the personal data are pre-processed on the basis of legal provisions regarding the identification of the elements that the employment contract / embarkation contract must contain, as well as other norms adopted by the Romanian Naval Authorities or other normative acts applicable to maritime and inland waterways.

So in so-called situations, depending on the data you refuse to provide, it’s possible that:

• Our company is not in the position to sign the employment contract or to continue the collaboration relationship with you.
• our company will be unable to honor assumed obligations to you.

Categories of recipients of personal data 

1. Intermediates
To the extent that the conclusion of the employment contract, you apply for a contract of employment is mediated by an intermediary (ejobs.ro, Ainostri.ro), your chosen intermediary will process the application (issuing the offer) and send to GOOD WINDS the data necessary to conclude and execute the employment contract. GOOD WINDS also transmits this data to your authorized intermediaries to the extent that they need information for your assistance and advice. The list of partners and collaborators can be found in the current version of List of partners and collaborators.

2. Public authorities
As with any employer or management of the workforce, we are subject to legal, regulatory and professional obligations. We process personal data for the purpose of fulfilling legal obligations or, as the case may be, providing answers to the requests of public authorities or institutions.

3. Commercial Partners
In order to ensure correct and complete execution of our promotion and recommendation to employ our partners (List of partners and collaborators) The list of partners and collaborators can use the services provided by a series of carefully selected suppliers by the Company.

Data storage period

GOOD WINDS will delete your personal data as soon as it is no longer needed for the purposes outlined above. In addition, we store your personal data to the extent that we are legally obliged to do so. GOOD WINDS retains processed personal data as long as it is deemed necessary for the purpose for which it was collected (including applicable law or regulation), such as:

• data processed for bidding;
• during the performance of the employment contract / embarkation for the personal data required to execute it, including personal data with which GOOD WINDS can contact in the course of the legal relationship;
• for 10 years from the date of the financial year in which they were drawn up for the personal data necessary for the drawing up of the mandatory accounting records and the supporting documents that are the basis of the records in the financial accounts, in order to fulfill the obligations stipulated by the law regarding the youth accounting under the Law of National Archives no. 16/1996 Accounting Law no. 82/1991;
• until the expiration of the prescription term, as regards cases where the employer would have a legitimate interest in keeping certain personal data about a potential dispute that might arise between the parties;
• while managing the relationship with potential candidates, by transmitting communications containing information and offers about our services and / or our products, as well as those of our partners, or an opt-out in this respect;
• For 20 days the recordings used in the video monitoring process;
• until you withdraw your consent for processing for marketing purposes, if you have agreed to process data for marketing purposes.
• During the recruitment process and after completing the recruitment process, GOOD WINDS can retain the personal data of the candidates for a period of five years, storing these data being done for the purposes of the recruitment and employment process itself.

Your rights and how to exercise them

You may, under certain conditions provided by GDPR, exercise the right to: access to data, the right to rectification and erasure, the right to restrict the processing, the right to data portability, the right of opposition and the right not to be the subject of a decision based exclusively on automatic processing, including the creation of profiles.

For such requests, please contact us directly: dataprotection@goodwinds.ro or access the dedicated web page or send us a written request to the GOOD WINDS headquarters or using this written request form for access and / or modifications of your personal data.

Preliminary checks on the settlement of an application for the exercise of the rights of the data subjects

If we receive a request from you for the exercise of any of the above rights, we may request additional information to verify your identity before acting on the basis of your request. This preliminary step is to ensure that your data is protected and kept secure.

Right of access

You have the right to access our personal data as Data Operator. This right allows you to access all personal information that GOOD WINDS processes about you and request information about: (a) the purposes of the processing; (b) the categories of personal data concerned; (c) the recipients or categories of recipients to whom personal data has been or is to be disclosed, in particular recipients from third countries or international organizations; (d) where possible, the period for which personal data are to be stored or, if that is not possible, the criteria used to determine that period; (e) the existence of the right to request the rectification or erasure of personal data or the restriction of the processing of personal data or the right to object to processing; (f) the right to lodge a complaint with a supervisory authority; (g) where personal data are not collected from the customer, any available information on their source; (h) the existence of an automated decision-making process including the creation of profiles. If personal data is transferred to a third country or an international organization, you have the right to be informed about the appropriate safeguards under the Regulation.

All this information in the form and content available at this time is provided by this information note.

We will try to respond promptly to any request for information and, in any event, within the time limits expressly provided by the applicable legal provisions (typically 30 days after the registration of the application).

Upon your request, GOOD WINDS provides a copy of the personal data being processed.

If you submit your application electronically and unless you request another format, the information is provided in an electronic format that is currently used.

The right to rectification of your personal data

You have the right to obtain from GOOD WINDS, without undue delays, the rectification of inaccurate personal data that concerns you. Taking into account the purposes for which data was processed, you have the right to obtain the completion of personal data that is incomplete, including by providing an additional statement. When it is possible or necessary and if we are informed that your data is no longer accurate, we will make corrections (if applicable) based on updated information and we will inform you about this.

Right to delete your personal data

You have the right to obtain from GOOD WINDS the deletion of personal data that concerns you, without undue delay, if one of the following reasons applies:

• personal data is no longer required to meet the purposes for which it was collected or processed;
• You will oppose processing under Article 21 (1) of the Regulation and there are no legitimate reasons to prevail regarding the processing
• personal data has been processed illegally;
• personal data must be deleted to comply with a legitimate obligation under GOOD WINDS under EU or national law under which it is located;
• other situations provided by the Regulation to the extent that they are applicable

The right to delete data is exercised within the limits and exceptions provided by the Regulation. Thus, GOOD WINDS will not delete the data to the extent that the processing is necessary: ​​(a) for the exercise of the right to free expression and information; (b) for compliance with a legal obligation providing for processing under Union or national law which applies to the operator or for the performance of a task performed in the public interest or in the exercise of an official authority with which the operator is invested; (c) for reasons of public interest in public health; (d) for purposes of archiving in the public interest, for purposes of scientific or historical research or for statistical purposes; or (e) for the establishment, exercise or defense of a right.

The right to restrict the processing

Restriction of processing involves the marking of stored personal data in order to limit their future processing Restriction methods for processing personal data could include, among other things, the temporary move of selected personal data to another processing system , or to remove users from accessing selected data, or temporarily removing published data from a site. With regard to automated data logging systems, the restriction of processing will, in principle, be based on the technical solutions available at the time your right is exercised, will involve the adaptation of technical means so that personal data does not subject to further processing operations and can no longer be exchanged. The fact that the processing of personal data is restricted will be clearly indicated in the system.

You have the right to obtain restriction of processing in the following cases:

• Challenge the accuracy of the data for a period that allows GOOD WINDS to verify the accuracy of the data;
• Processing is illegal, and you will oppose the deletion of your personal data, asking for restrictions on their use;
• GOOD WINDS no longer requires personal data for processing, but you ask for it to be ascertained, exercised or defended in court; or
• You have opposed your processing in accordance with Article 21 (1) of the Regulation and there are no legitimate reasons to prevail in terms of processing for the period of time that it is checked whether the legitimate rights of the operator prevail over those of the data subject
• If Restriction has been obtained in one of the above-mentioned situations, it will be notified by GOOD WINDS before the processing restriction is lifted.

The right to data portability

You have the right to receive the personal data that you are looking at and that you have provided GOOD WINDS in a structured format that is currently used and can be read automatically and you have the right to transmit these data to another operator without any obstacles from GOOD WINDS, if: (i) the processing is based on consent under Article 6 (1) (a) or Article 9 (2) (a) of the Regulation or on a contract pursuant to Article 6 (1) (b) of the Regulation; and (ii) processing is by automatic means. In the case of exercising the right to portability of personal data, they may be transmitted directly from GOOD WINDS to another operator specified by you, where this is technically feasible.

Right to opposition when processing is necessary for the legitimate interests pursued by GOOD WINDS or a third party

When GOOD WINDS does not process your data for the execution of a contract to which you are a party or to take action on your request prior to the conclusion of a contract or when the processing is necessary for the fulfillment of a legal obligation under Good WINDS, knowing that you have the right to oppose, for reasons related to your particular circumstances, the processing of personal data in the matter under Article 6 (1) (e) or (f) of the Regulation and which concern you including the creation of profiles based on such provisions, unless GOOD WINDS demonstrates that he has legitimate and compelling reasons that justify the processing and that prevails over the person’s interests, rights and freedoms, or that the purpose is to establish, exercise or defend a right in court. Please note that GOOD WINDS processes personal data in the sense of the of Article 6 (1) (f) of the Regulation in the framework of the activities referred to in the Purposes in which personal data are processed and the legal basis of the above processing and the details contained therein. The consequences of this type of processing include taking a decision on accepting clients, notifying competent authorities / bodies about the issues identified as a result of GOOD WINDS checks, statistical and actuarial purposes.

The right to oppose processing for direct marketing purposes.

If your personal data is processed by GOOD WINDS for direct marketing purposes, you have the right to oppose such processing, including the creation of profiles insofar as it relates to direct marketing.

Right of withdrawal of consent

If processing is based on your consent, you have the right to withdraw it at any time. Withdrawal of consent does not affect the lawfulness of the processing under consent prior to its withdrawal. The withdrawal of consent consent is not applicable in cases where the basis of processing is not the consent.

Register a complaint. The right to lodge a complaint with a supervisory authority

We believe that you will not ever have to do so, but if you wish to complain about matters relating to the use of your personal data, please send an email with the details of your complaint to dataprotection@goodwinds.ro.You can also send us your request using the details below:

GOOD WINDS Marine Services SRL
Str. Mihai Viteazul, 47 Bis,900604 Constanta, Romania

We will analyze and respond to any complaints we receive. You also have the right to file a complaint with the National Authority for the Supervision of Personal Data Processing (“ANSPDCP”) by accessing the www.dataprotection.ro website.

Transmitting data to a third country

GOOD WINDS transfers personal data to service providers outside of the European Economic Area (EEA), the transfer will only be made if the European Commission has confirmed that there is an adequate level of data protection or other appropriate data protection measures (e.g. binding rules on corporate data protection or EU standard contract terms), according to the public information available on the date of the transfer.

Details on special or customized data processing

When processing is based on Article 6 (1) (a) or Article 9 (2) (a) of the GDPR, you have the right to withdraw your consent at any time without affecting the lawfulness of the processing carried out consent prior to its withdrawal. Thus, you may change or remove consent at any time, and we will act promptly accordingly, unless there is a legitimate reason or a legitimate interest in not doing so.

Security measures

GOOD WINDS pays extra attention to data protection and ensures that reasonable protection measures are taken to protect and secure your personal data. The company has taken technical and organizational measures to protect you and your information from unauthorized access, modification, disclosure or destruction.

Protecting the privacy of children

We understand the importance of protecting children’s privacy in the online interactive world. This Website is not intentionally intended or intended for children aged 18 or under. Our policy is not to collect or intentionally keep information about anyone under the age of 18.

It is possible that from time to time we will update this policy and we will inform you whenever necessary. This version of the personal data processing policy was published on 15/05/2018