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Terms and Conditions for
“Bluewater Crew Candidates”
Traditional Recruitment Services Terms and Conditions v.1.3
D.O.A.: 28 March 2024
Approval: Managing Director
Please read the following terms and conditions carefully before accepting them. Reference herein to "You" means either/or the person creating a Candidate Profile (as defined herein) onto the System or otherwise using the System for the purpose of finding employment. Reference herein to "We", "Us" and/or "Our" means Blue Water (France), a company limited by shares incorporated in France with its principal place of business at 14 Avenue Mirabeau, 06600 Antibes, France.
1. Definitions
2. Service Description
Bluewater Crew provides an introductory service to candidates searching for a position in the yachting industry. Candidates submit a Candidate Profile on the online system which is made available to potential employers. Any changes to these conditions must be agreed in writing between Bluewater Crew and the Candidate. Bluewater Crew provides exclusively an introductory service and does not provide manning services.
The Employer be the shipowner, or any person designated as employer by the shipowner, and will never be Bluewater Crew directly. Bluewater Crew does not assume any obligations or responsibilities towards the Candidate, save as those set out herein.
3. Candidates Rights and Obligations as per the Maritime Labour Convention (MLC), 2006
To work as a seafarer you need to be over the age of 16. There are limitations involved with working onboard between the ages of 16-18. Candidates aged 16-18 are unable to undertake any position in the Galley and other restrictions may apply to conditions of employment. Proof of age will need to be presented to Bluewater Crew.
Bluewater Crew does not charge seafarers, directly or indirectly, in whole or in part, any fees for the registration of their details upon gaining employment. The only fees that you will incur will be those needed to obtain a national statutory medical certificate, and national travel documents such as a passport or seaman's book, not including cost of visas which shall be borne by your potential employer.
Bluewater Crew will endeavour to assist you in your job search to the best of their ability. Bluewater Crew does not use any means or mechanisms or lists intended to prevent or deter seafarers from gaining employment, and does not condone any discriminatory requests from employers.
To work as a seafarer you need to be medically fit. Bluewater Crew will request to view an original copy of a national statutory medical certificate (ENG1 or any other accepted national seafarer medical).
You are responsible for ensuring that your personal information, as published on the System, is accurate and up to date. You warrant that your Candidate Profile, including your CV and certification is true and correct and is an accurate summary of your education, employment and qualifications. You will need to provide copies of all your certificates and documents to Bluewater Crew and all the necessary checks will be made to verify their authenticity and validity with the issuing training provider or national agency. We reserve the right to suspend, withdraw or otherwise make unavailable your Candidate Profile if any information contained therein is false or inaccurate.
You will need to provide Bluewater Crew with copies of written employment references, with up-to-date contact information for those employment references, and accept that those referees may be contacted by Bluewater Crew.
You understand and agree that should a security or criminal record check be required by an employer, you would see no impediment to that taking place and will cooperate to obtain such records.
You understand and agree that should a drug or alcohol test be required by the employer, you would see no impediment to that taking place and will cooperate with such tests.
Bluewater Crew will inform you of your salary, leave allowance and benefits onboard to the best of their knowledge and will fully explain your rights and duties with regards of the vessel. As a seafarer you need to be aware that you are entitled to an employment contract. Bluewater Crew will inform you of the contents of a standard Seafarer Employment Agreement (SEA). Bluewater Crew advises you that your final contract should contain a clause regarding repatriation to your point of embarkation, or a final destination mutually agreed by yourself and your potential employer. You should have the opportunity to take the time needed to examine and seek advice on your employment agreement and freely enter into the agreement.
Bluewater Crew has a complaints procedure to which you have access in case of any issues that may arise in terms of compliance of your employment with MLC2006.
4. Candidate Profile
You agree to, and unconditionally and unequivocally consent to:
(i) us providing your Candidate Profile, including without limitation, your CV, to any and all Subscribers, and our 3rd party security company; and,
(ii) the use of any such information by any Subscriber and/or 3rd party security company.
We agree to allow you full access to your Candidate Profile, as maintained on the System, in order to enable you to view and edit your personal information. You expressly warrant that you will only upload information and data in respect of your own Candidate Profile.
We reserve the right at our sole discretion to remove, withdraw or require to be amended any information which we consider inappropriate, inaccurate, illegal, immoral, offensive, obscene or in respect of which we receive any complaint or objection. We further reserve the right at our sole discretion to decline to distribute or forward or to suspend or remove your Candidate Profile, CV or any part thereof.
If you do not access your Candidate Profile in any four (4) week period and click on the "check in" button, your profile will be considered dormant and, although your information will still be stored in the System, it will not appear in any Subscriber's search results. When you obtain employment, you should access your profile and click on 'no longer looking' under the 'Current Situation' link, which will make your profile dormant. You may re-activate your profile at any time by clicking on the "check in" button on your profile page.
If you wish to have your Candidate Profile temporarily unavailable to Subscribers, you may do so at any time by indicating that you are not available for work in your Candidate Profile. If you wish to have your Candidate Profile permanently removed from the database, you may do so at any time by contacting us in writing, by fax, or email, in each case at the address provided on our website (www.bluewateryachting.com). You acknowledge that we may retain archived copies of any information you have previously provided notwithstanding the temporary or permanent removal of your Candidate Profile.
We agree to use reasonable endeavours to prevent your personal information from being accessed by parties other than us, Subscribers and our third party security company. If, despite such efforts, any information is nevertheless accessed by a third party other than us, any Subscriber, or our security company, you hereby release us from any liability for any loss or inconvenience you may suffer in consequence of such unauthorized access and from any other consequences thereof howsoever caused.
We give no warranty or representation as to the suitability, performance or character of any Subscribers who may use the System. Before accepting a position, you must undertake your own due diligence and exercise your own judgment as to the Subscriber's character and/or suitability.
In no circumstances shall we be liable (whether in contract or tort) for any loss of profits, your failure to secure employment, loss of business, depletion of goodwill and/or similar losses, loss of contract, loss of or corruption of data or information, or any special, indirect, consequential or pure economic loss, costs, damages, charges or expenses suffered by you.
You agree to indemnify us in relation to any loss and/or damage suffered, including any direct, indirect, incidental, special, consequential and/or punitive damages, arising in consequence of your Candidate Profile or otherwise in consequence of your breach of any of your obligations under these Terms.
5. Information on processing personal data
We, as Controller of the processing of your personal data, are committed to protecting and respecting your personal information in accordance with the provisions of Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data (General Data Protection Regulation, “GDPR”)
(i)Purposes of the processing:
-performing a recruitment process for the job offered.
-establishing a profile for job related alerts.
-data import from online platforms (such as Linkedin).
-sending information about events, job opportunities, programs, workshops; profiling to evaluate the suitability for particular job opportunities
(ii)Contact details:
You may contact us by the following means as regards your personal data:
Email: info@bluewateryachting.com
(iii)Nature of the personal data collected:
-Your first name, last name, email address, contact number, postal address.
-Your curriculum vitae, cover letter.
-General professional information.
We are entitled to rely upon the accuracy and completeness of the personal data you provide to us and we shall not be required to verify the same.
(iv)Length of data retention:
Your personal data will be retained for no longer than the term of the recruitment process and six (6) months after that. If you provide us consent for further recruitment processes your personal data will be retained until you withdraw the consent, but no longer than two (2) years.
In addition, your personal data may be archived for reason of legal certainty, particularly in the context of litigation for the establishment, exercise or defense of the legal rights of each of the parties.
(v)Your rights in accordance with processing your personal data:
-right of access, to rectification (updating), to erasure, to restriction of processing, data portability and to object
-right to object profiling
-right to withdraw consent at any time without affecting the lawfulness of processing based on consent before its withdrawal
-right to lodge a complaint with a supervisory authority relevant to your residence.
The exercise of all the above-mentioned rights should be carried out by you by writing directly to our following email address (mentioned above (ii)): info@bluewateryachting.com
(vi)Transfer of personal data to third parties:
We do not sell, rent or share your personal data to or with third parties outside our group of companies. Your personal data may be transferred to third parties for the purposes of completing tasks or providing services to you on our behalf. These third parties may be: Subscribers, our 3rd party security company.
When we require services from third parties, we disclose only the personal data that is necessary to deliver the services.
6. Governing law and dispute settlement
The services provided to you by Blue Water (France) shall be governed by and construed in accordance with French law and any dispute arising out of or in connection with these services which has not been settled amicably shall be referred to the competent court in Antibes.