GDPR
Privacy Policy of AS-Tech Solutions s.c.
This document contains information about the processing of your personal data in connection with the fact that (i) that you have a contract for providing a service related to taking up employment abroad (intermediation in employment) and / or (ii) you are a registered user of the website O!JA (Online! Job Application) administered by Mr. Piotr Gosciniecki and Mr. Artur Sadowski from AS-Tech Solutions s.c.
Obligation to inform on the basis of article 13 of the GDPR
The obligation results from art. 13 para. 1 and par. 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 the repeal of Directive 95/46 / EC (hereinafter referred to as GDPR).
Who is the administrator of your personal data?
Data Administrators, i.e. persons/entities deciding how your personal data will be processed, are Mr. Piotr GoĊciniecki and Mr. Artur Sadowski running a business in the form of AS-Tech Solutions s.c. based in Gdynia, ul. Orna 6/3 (hereinafter referred to as "AS-Tech"), licensed Employment Agency (license no. 5637), administrator of the online portal "Online! Job Application" available at https://as-tech.odms.eu (hereinafter "O!JA").
How to contact us for more information on the processing of your personal data?
Write to the administrator of personal data e-mail address: gdpr@as-tech.pl, or a personal data protection officer nominated by us. Here is his contact details: Mr. Jacek Witt, phone no. +48 604 914 492, e-mail address: rodo@apmar.org.pl, postal address: Data Protection Officer AS-Tech Solutions s.c., 81-574 Gdynia, ul.Orna 6/3
Where did we get your data from?
We received it from you during the creation of an account at O!JA by submitting applications, as well as later, in connection with the provision of abroad employment services provided for you.
What is the purpose and legal basis for the processing of your personal data by AS-Tech?
We process your personal data because it is necessary for the recruitment process/to perform the contract concluded with you, including:
- the purpose of current and future job placement for e foreign shipowner's recruitment and employment process, including for purposes necessary to perform a seafarer employment contract and its financial security, as required by MLC 2006. We process data based on your consent (legal basis: GDPR Article 6 (1) a)) and 9.
- the purpose of handling complaints and any other claims. The basis for processing is the legally legitimate interest of AS-Tech (Article 6 paragraph 1 letter F of GDPR) consisting in securing information about cooperation (including, inter alia, the history of brokering in your employment, communication with us) to handle any claims.
Do you need to provide us with your personal details?
Providing personal data is a prerequisite for participation in recruitment, and failure to do so prevents the use of job placement. Personal data such as: name, position, address, telephone number, contact details, information about previous employment and qualification documents will be collected and used to contact you as part of activities aimed at your employment abroad and for realization of this contract.
What are your rights to AS-Tech regarding the data being processed?
We guarantee the fulfilment of all your rights under the general Data Protection Regulation, i.e. the right to access, rectify and delete your data, limit their processing, the right to transfer them, not to be subject to automated decision making, and the right to object to the processing your personal data.
You can also withdraw your consent to the processing of personal data at any time in the same way as you have expressed it.
Should you come to the conclusion that your personal data is processed by us in violation of GDPR rules – you have the right to lodge a complaint regarding the processing of your personal data to the supervisory body – President of the Data Protection Office (address: 2 Stawki Street, 00-193 Warsaw, Poland). The complaint is free of charge.
Do we process your personal data automatically (including through profiling) in a way that affects your rights?
Your Personal Data may be processed in an automated manner (including in the form of profiling) with regards to sea service, certificates, qualifications and education.
The purpose of the automatic processing is to analyse your professional experience and qualifications in accordance with recruitment regulations provided in the Company Policy Declaration – Recruitment.
Who we share your personal information with?
We provide your personal data to foreign (with registered offices/place of effective management both in the EU/EEA area as well as outside) shipowners-employers as part of recruitment conducted by them for job placement (maritime enterprises seeking employees), and entities supporting us in providing you with job placement services, that is, entities that provide courier, transport, communication, hosting services, port agents and visas, hotels, etc. Personal data of persons who have taken up work on the ship through us can be made available to the competent maritime administration bodies on the basis of applicable law, for example fighting against fraud and abuse.
Your personal data will be transferred to third countries for which the European Commission has not issued a decision stating the appropriate level of protection as mentioned under GDPR art. 45 (3).
Personal data will be transferred to the above-mentioned countries on the basis of your consent, despite the possible risks of such transfers resulting from the lack of GDPR regulations (GDPR art.49, (1 a)).
This applies to both maritime companies seeking workers as well as visa agents, embassies, port agents, airlines and other entities related to international maritime transport, which you deal with on a daily basis as part of your work on a sea-going ship.
How long do we keep your personal data?
We store your personal data for the duration of the contract concluded with you, or until you withdraw your consent to the processing of your personal data and after its termination for the purposes of:
- pursuing claims in connection with the performance of the contract,
- performance of obligations resulting from legal regulations, including in particular tax and accounting, statistical and archiving.