Bluewater Terms - 2018
Bluewater Data Protection Policy
The General Data Protection Regulation (GDPR) comes into force Friday, 25 May 2018. It sets out a number of data protection principles in relation to personal data which Organisations, including Bluewater Yachting, must comply with.
Bluewater holds and processes personal data on people in a number of posts connected with the Yachting industry. The attached notice sets out what data we hold, how it is processed and how long it will be retained.
Bluewater Yachting
Security of Information Privacy Notice
The personal information we hold includes:
Your name, work address (in some cases your home address), your post or job title, telephone number (landline and / or mobile), email address Next of Kin, Seamans Discharge Book, Passport, Professional Qualifications and in some cases Banking Details.
We will contact you, using the information we hold, at least once every twelve months asking you to confirm that your personal information remains accurate and up to date.
We also ask you to notify us if any of your personal information is wrong or if you need to inform us about any changes.
How we use personal information
BLUEWATER will use your personal information for the purposes of contacting you either in writing or via email or telephone to notify you about incidents or threats which may affect maritime security or to offer guidance about issues related to maritime security and of which we consider you need to be aware.
Your information will only be accessed and processed by authorised BLUEWATER personnel who are directly involved in the management and administration the management systems and who have a legitimate need to access your information.
BLUEWATER will not share any of your personal information with anyone outside the Bluewater organisation.
Length of time we keep information
Your personal information will be retained by BLUEWATER for the duration of your employment in a post which is part of the yachting sector for up to twelve months after you leave.
How this information is stored
BLUEWATER takes the privacy of Security contacts very seriously and has a range of policies, processes and technical measures in place to safeguard your personal information.
Access to BLUEWATER systems that hold your personal information is restricted to authorised BLUEWATER personnel. Your information is stored on systems that are protected by technical measures which meet international quality assurance standards and are backed up on a regular basis.
Bluewater Crew
Terms and Conditions
Please read the following terms and conditions carefully before accepting them. Before
creating profile or otherwise uploading any of your personal information, you must first indicate
your agreement with these Terms by ticking the consent check box which is provided as part
of the online registration process. If you choose not to place a tick in this box you will be
deemed to have not accepted these Terms and will not be able to register and/or display any
information or book a training course. Bluewater may modify these Terms and Conditions at
any time and will prompt you to accept them again in case of any changes.
Reference herein to "You" means either/or the person creating a crew or training profile (as
defined herein) onto the System or otherwise using the System for the purpose of finding
employment or booking a training course. 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 Ave Mirabeau, 06600 Antibes, France
1. Definitions
Business Day means a day (other than a Saturday or Sunday) on which banks are ordinarily
open for business.
Candidate means any person who submits any information for use on the System.
Candidate Profile means the personal profile and any other information provided by or
otherwise uploaded by you including, without limitation, your CV.
CV means in the case of each Candidate, the relevant Candidate’s curriculum vitae or
equivalent employment summary.
Potential Employers means yacht owners and/or captains who may or may not be Subscribers
who contact us requesting candidates’ CV’s for potential employment.
Subscriber means the persons subscribing to the System or, as the context requires, any one of
them.
System means the online database, known as "Bluewater One" for Bluewater Crew, as
maintained and run by us.
Yacht means the yacht on which any Candidate(s) selected by you would be deployed.
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.
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 endeavor 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.
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.
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.
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 examine and seek advice
on your employment agreement and freely enter in to 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. You hereby grant us an irrevocable, perpetual, non-exclusive,
transferable, fully paid, worldwide license (with the right to sub-license) to use,
copy, publish, disclose, process, stream, store, retain, publicly perform or display,
transmit, scan, reformat, modify, edit, frame, translate, excerpt, adapt, create
derivative works and distribute, any content you have provided (including, without
limitation, your Candidate Profile), in connection with the service or the use or
promotion thereof.
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 endeavors 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.
Bluewater Training
Terms and Conditions
1. Definitions
Training Courses are the short academic and vocational training attendance courses specific
to the yachting industry as described in Bluewater’s published material which Bluewater has
agreed to supply to the candidates.
Candidate an individual to whom Bluewater has agreed to provide training courses.
Learner an individual who has attended a short training course at Bluewater.
TDV means a Training Discount Voucher as issued by us in accordance with the provisions of a
subscription to Bluewater ONE.
2. Service Description
Bluewater Training provides short training courses specific to the yachting industry. All training
courses supplied to candidates are subject to these Terms and Conditions and apply for each
individual training class booked. These Terms and Conditions are deemed as accepted on
confirmation of the booking by a deposit payment. Any changes to these conditions must be
agreed in writing between Bluewater Training and the Candidate.
3. Candidates Rights and Obligations
Courses are accessible to all candidates that meet the entry requirements for attendance.
Any candidate who wishes to discuss any requirements that they may need to have in place
are encouraged to notify the Bluewater Training office prior to the course taking place so that
arrangements can be made. If you wish to read our Equality and Diversity policy please click
here.
It is the responsibility of the Candidate to obtain a seafarer’s medical (ENG1 or equivalent)
before attending any short training course. Bluewater is not liable for any loss, damage, cost,
expense or other claims incurred by the client if it is not possible to obtain a Notice of Eligibility
(NOE) and/or any Certificate of Competence (CoC) as a consequence of a limited seafarer
medical (ENG1 or equivalent) or refusal by an approved practitioner to issue one.
The minimum age to attend the short training courses is 16 years of age. Some courses require
candidates to be at least 18 years of age as per the criteria established by the Maritime and
Coastguard Agency (MCA) and MNTB guidelines. A valid photo identification is required at
the time of booking. A valid photo identification will also be required on the first day of the
course, and will need to be presented to the office on the first day of the course and to the
instructor.
Training courses which have course pre-requisites and/or sea time requirements can only be
attended if those requirements are met. Any certificates and sea time records will need to be
confirmed by the candidate at the time of booking, and documentary evidence presented
on the first day of the course to office staff and/or to the training instructor. Bluewater is not
liable for any loss, damage, cost, expense or other claims incurred by the Candidate who
cannot attend the course as result of inability to produce documentary evidence of the
prerequisites or of sea time requirements.
The training courses that involve a practical component require the Candidate to be in good
physical condition. Candidates will be required to sign a health declaration at the beginning
of practical short training course and disclose any medical condition or relevant medical
treatment to the instructor that may affect their participation in the course. For some courses
a valid ENG1 or any other accepted national seafarer medical may be required and will need
to be presented on the first day of the course to office staff and/or to the training instructor.
Bluewater Training is committed to preventing the accidental loss of any of its resources,
including employees, candidates attending courses and physical assets, if you wish to read
our Health and Safety Policy please follow the link here.
All training courses have an attendance requirement. Bluewater reserves the right to withhold
the Candidate’s certificate if an absence of more than one hour is noted by the instructor.
Attendance certificates will only be handed to the Candidate upon presentation of a valid
photo identification. Duplicate attendance certificates will be issued upon confirmation of
attendance of the training course and presentation of a valid photo identification.
Only candidates who have successfully completed the required education and training
course for a particular subject will be eligible to take written examinations by presenting an
attendance certificate issued by an approved training centre. Bluewater strictly applies the
examination procedures described by IAMI for deck and the SQA for engineering written
examinations. Candidates shall respect the code of conduct established by those authorities
during the examination.
Bluewater Training has a complaints, appeals and malpractice/maladministration procedures
to which you have access in case of any issues that may arise. You may contact the main
office by telephone, email or in person if you need any further information. If you are attending
an HBAC accredited course, please click on the following links for their specific complaints,
appeals and malpractice/maladministration policies and procedures.
4. Bookings and Payments
The price for the short training courses is specified in the price list in the course brochure
published at the time of booking. The price for the short training courses include the cost of
course materials, such as course notes and/or pre-study material. These prices are not
inclusive of added value taxes and in some cases TVA may be applicable.
We will be using the information you have given us to print your certificates. If your details are
not correct there may be a cost involved if a replacement certificate is required. Please check
your personal details by logging to your account. The amount of the fee is dependent on the
date of the issue of the original certificate.
Bluewater Training shall be entitled to increase the fees for the courses annually giving the
Client not less than 30 days’ notice of a proposed increase. If the Client does not agree to the
proposed increase, it may terminate this Agreement by giving a 30 day written notice to
Bluewater Training.
Bookings are only confirmed by the payment of a deposit of 30% of the full price of the course.
Any booking without a deposit payment is considered an inquiry only and the Candidate will
be placed in a waiting list if the course is fully booked.
Any course materials, such as course notes or pre-study material, can be delivered promptly
to the Candidate, on payment of the deposit to confirm the booking, either as a printed copy
or electronically. A printed copy of the study notes will be provided on the first day of the
course. An advanced fee of 50 -100€/US$ applies for the advance of any course material.
This fee is deductible from the course fee upon confirmation of booking of the course.
5. Cancellation and Refund Policy
Bluewater shall deliver training courses as far as reasonably possible and will do its best to
deliver all programmed courses. However, if an insufficient number of bookings is received for
any course, Bluewater Training reserves the right to cancel that course. In the unlikely event
of Bluewater cancelling a course, the Candidates will either be offered an alternative date or
be refunded of any pre-paid fees.
Candidates will be refunded without penalty if they cancel more than one month before the
course is due to start. After this time, until one week before the course is due to start,
candidates have the choice of either obtaining a refund of half of their deposit or transferring
the full deposit to a later course. If a booking is cancelled within 1 week of the start of the
course, Bluewater will retain 50% of the deposit and allow you to use the balance to reserve a
place on a later course within 12 months. The remaining deposit can only be transferred once
otherwise the deposit is lost. This policy also applies to the re-scheduling of courses.
Bluewater reserves the right to retain up to a maximum of 100€/US$, if any course material has
been delivered to the Candidate upon confirmation of the booking by a deposit.
Cancellation within 24 working hours results in the loss of all monies without refund or transfer.
6. Training Discount Vouchers (TDV’s)
Training Discount Vouchers (TDV’s) may be credited towards the cost of any training courses
operated by us at any of our training centres or, where available, on-board a yacht.
TDVs are valid for one calendar year following agreement with Bluewater One and may not
be transferred to a subsequent year.
TDV’s are not transferable. They may be used only for courses booked by subscriber or crew
members working on the Yacht.
TDV’s will only be allocated to a short training course booked by a Candidate employed by a
Bluewater One client. TDV’s will only be allocated with the express permission by the client in
writing, by fax, email or in person.
TDV’s allocated to a course may not be transferred to another course in the event of the nonattendance
of the Candidate. If the training course is cancelled by Bluewater Training, any
TDV’s used shall be re- issued and will remain valid for the remainder of the relevant calendar
year in which the course was scheduled.
TDV’s will be accepted for the full or partial payment of short training courses.
TDV’s will not be accepted for payment of short training courses carried by third party training
providers or in third party training facilities.
Bluewater reserves the right to reallocate candidates paying with TDV’s to another course
date should the original course be over-subscribed.
TDV’s may not be redeemed against the cost of external examination fees, instructor
expenses, nor may they be used in conjunction with any other promotional offer which we
may, from time to time, make available.
7. Intellectual Property
Any intellectual property rights, including copyright, arising from or in connection with the
delivery of the training courses, belong to Bluewater Training unless otherwise agreed in writing
between Bluewater Training and the Candidate.
8. Privacy
Bluewater Training shall protect the privacy of candidates who book and attend the short
training courses. Any information given will be used according to the current Data Protection
Laws and collected only with the explicit consent of the Candidate. The information shall be
held in a secure manner and not shared with any other organization unless the Candidate
agrees.
The Candidate will be able to check the information held by Bluewater Training by contacting
the main office. Any inaccuracies will be deleted or corrected promptly.
The Candidate information shall remain confidential and shall be disclosed to the extent that
the information is required to be disclosed by law. Bluewater Training shall obtain your consent
before transferring your information outside the EEA (European Economic Area). Bluewater
Training shall not share any of your contact details to any other organization or individual
without the expressed permission of the Candidate.
The Candidate will retain the right of opting out of receiving any emails or any other publicity
material from Bluewater Training.
1. Liability
Bluewater Crew and Bluewater Training are covered by a liability insurance. Any requests for
information regarding this insurance shall be directed to the main office.
2. Governing Law
These Terms and Conditions and any dispute or claim arising out of or in connection with it or
its subject matter or formation (including non-contractual disputes or claims), shall be
governed by the jurisdiction considered appropriate the law of England. The parties
irrevocably agree that the courts of England shall have non-exclusive jurisdiction to settle any
dispute or claim that arises out of or in connection with this Agreement or its subject matter or
formation (including non-contractual disputes or claims).
