Privacy Policy

Falkeid Shipping AS is committed to protecting your privacy and ensuring that your personal data is handled in accordance with the EU General Data Protection Regulation (GDPR) and the Norwegian Personal Data Act.

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What is the purpose of this document?

Falkeid Shipping AS and Falkeid Management AS (hereafter “Company” or “We”)are committed to protecting the privacy and security of your personal data.

This privacy notice describes how we collect, store and use personal data about you during and after your working relationship with us, in accordance with the data protection laws, including the General Data Protection Regulation (GDPR). It applies to all employees and contractors.

The Company is a “data controller”. This means that We are responsible for deciding how We hold and use personal data about you. We are required under data protection legislation to notify you of the information contained in this privacy notice.

This notice applies to current and former employees, and also candidates for new positions. This form does not form part of any contract of employment or other contracts to provide services. This notice can be updated at any time and We will inform you when and if this occurs.

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Data protection principles

We comply with the data protection law. This says that the personal data We hold about you must be always:

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The kind of information We hold about you

Personal data or personal data means any information about an identified or identifiable natural person (the “data subject”); an identifiable natural person is a person who can be directly or indirectly identified, in particular by means of an identifier, e.g. a name, identification number, location information, web identifier, or one or more elements specific to the physical, genetic, psychological, economic, cultural or social identity of said individual.

We collect, store and use the following categories of personal data about you:

personal contact details such as name, tittle, birth date, place of birth, home address, telephone numbers and emails addresses
name, home address and telephone number of next of kin (emergency contact) gender
national insurance number / national identification number
bank accounts details, payroll records and tax status information
salary, annual leave, pension and benefits information
employment’s start and end date
location of employment
copy of driving licence, passport, national id, birth or marriage certificate, decree absolute
recruitment information (including of rights to work documentation, references from agents or previous employers, CV or cover letter as part of the application process)
full employment records (including contract, terms and conditions, job titles, work history, working and resting hours, promotions, absences, and dates ashore) compensation history
performance and appraisal information
disciplinary and grievance information
information about your use of our communications and information system photographs and videos
accident book, first aid records, injury at work and third party accident information
employment certificates, seaman service book/ discharge book, record of service
evidence of your right to work in Norway /or a vessel (immigration status)

We may also collect, store, and use the following “special categories” of more sensitive personal data. Sensitive personal data is considered: information on racial or ethnic origin, information on political beliefs, information on religion, information on philosophical beliefs, information on union membership, genetic information, biometric information for the purpose of uniquely identifying someone, health information (including any medical condition, health and sickness records), sexual information, information on sexual orientation, information on criminal convictions, information on offenses.

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How is your personal data collected?

We typically collect personal data about employees and contractors through the application and recruiting process, either directly from candidates or an employment agency or a background check provider. We will sometimes collect additional information from third parties including former employees, credit reference or other background check agencies. We will also receive additional information in the course of job-related activities throughout
the period of you working with us.

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How We will use information about you.

We will only use your personal data when the law allows us to and most commonly in the following circumstances:

There can be rare occasions where it becomes necessary to use your personal data to project your or the Company’s interests.

The situations in which We will process your personal data are listed below.

making a decision about your recruitment or appointment
determining the terms on which you work for us
checking whether you are legally entitled to work in Norway / on a vessel and to provide you with the security clearance appropriate for your role
paying you and, if you are an employee, deducting tax and National Insurance contributions
liaising with your pension provider, providing information about changes to your employment such as promotions, changing in working hours/contract
general administration of the contract We have entered into with you
business management and planning, including accounting and auditing
conducting performance reviews, managing performance and determining performance requirements
making decisions about salary reviews and compensation
assessing qualifications for a particular job or task, including decisions about promotions
gathering evidence and any other steps relating to possible grievance or disciplinary matters and associated hearings
making arrangements for the termination of our working relationship
education, training and development requirements
dealing with legal disputes involving you, or other employees and contractors, including accidents at work
complying with health and safety obligations
to prevent fraud
to monitor your business and personal use of our information and communication systems to ensure compliance with our IT policies
to ensure network and information security, including preventing unauthorised access to our computer and electronic communications systems and preventing malicious software distribution
to conduct data analytics studies to review and better understand employee retention and attrition rates
equal opportunities monitoring

Some of the purposes will overlap and there can be several grounds which justify our use of your personal data.

If you fail to provide certain information when requested, we will not be able to fully perform the contract we have entered with you (such as paying you or providing a benefit), or we could be prevented from complying with our legal obligations (such as to ensure the health and safety of our employees).

We will only use your personal information for the purposes for which We collected it, unless We reasonably consider that We need to use it for another reason and that reason is compatible with the original purpose. If We need to use your personal information for an unrelated or new purpose, We will notify you and We will explain the legal basis which allows us to do so.

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How We use particularly sensitive personal data

“Special categories” of particularly sensitive personal data (as described in section 3 above), require higher levels of protection. We need to have further justification for collecting, storing and using this type of personal data. We will, if necessary, process special categories of personal data in the following circumstances:

a. equal opportunities monitoring.
b. administering our pension scheme
c. preventing or detecting unlawful acts

In some circumstances, We will process this type of information where it is needed in relation to legal claims or where it is needed to protect your interests (or someone else’s or the Company’s interests) and you are not capable of giving your consent, or where you have already made the information public.

Our obligation as an employer is to use your particularly sensitive personal data in the following ways:

We will use information relating to leave of absence; this can include sickness absence or family related leave, to comply with employment and other laws
We will use information about your physical or mental health, or disability status, to ensure your health and safety in the workplace and to assess your fitness to work, to provide appropriate workplace adjustments, to monitor and manage sickness absence and to administer benefits
We will use information about your race or national or ethnic origin, religious, philosophical or moral beliefs, or your sexual life or sexual orientation, to ensure meaningful equal opportunity monitoring and reporting
We will use trade union membership information to pay trade union premiums, register the status of a protected employee and to comply with employment law obligations will use trade union membership information to pay trade union premiums, register the status of a protected employee and to comply with employment law obligations

We do not need your consent if We use special categories of your personal information in accordance with our written policy to carry out our legal obligations, or for one of the other reasons outlined in the section 6 above: ‘How we use particularly personal data’. In limited circumstances, if the need arises, We will approach you for your written consent to allow us to process certain particularly sensitive data. If we do so, we will provide you with full details of the information that We would like and the reason we need it, so that you can carefully consider whether you wish to consent. You should be aware that it is not a condition of your contract with us that you agree to any request for consent from us.

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Data Sharing

We will in some circumstances have to share your data with third parties, including third-party service providers. We require third parties to respect the security of your data and to treat it in accordance with the law. We will in some circumstances transfer your personal data outside
the EU/EEA. If We do so, you can expect a similar degree of protection in respect of your personal data. We do so only where We have in place safeguards including the use of standard contractual terms, to ensure the security of a subject’s data in case of these transfers outside the EU/EEA, in such a manner that the processing will meet the equirements of the General Data Protection Regulation Chapter 5.

These third-parties service provides are:

Such third-party data service providers act in accordance with the data processing agreement and our instructions. The service provider may only use the personal data for the purposes determined by us and as described in this policy.

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Data Retention

How long will We use your information for?

We will only retain your personal data for as long as necessary to fulfil the purposes We collected it for, including for the purposes of satisfying any legal, accounting, or reporting requirements. To determine the appropriate retention period for personal data, We consider the amount, nature, and sensitivity of the personal data, the potential risk of harm \ unauthorised use or disclosure of your personal data, the purposes for which We process your personal data and whether We can achieve those purposes through other means, and the applicable legal requirements.

We will either permanently anonymize or in a secure manner delete those of your personal data that We no longer require.

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Rights of access, correction, erasure, and restriction

It is important that the personal data We hold about you is accurate and current. Please keep us informed if your personal data changes during your working relationship with us.

Under certain circumstances, by law you have the right to:

Request access to your personal data (commonly known as a “data subject access request”). This enables you to receive a copy of the personal data We hold about you and to check that We are lawfully processing it.
Request correction of the personal data that We hold about you. This enables you to have any incomplete or inaccurate information We hold about you corrected.
Request for deletion – We will to the extent possible comply with a request to delete personal data, but We cannot do that if there are important reasons for not deleting them, e.g. that We are required by law to retain the data or have to store the information for documentation purposes.
Object to processing of your personal data where We are relying on a legitimate interest (or those of a third party) and there is something about your particular situation which makes you want to object to processing on this ground. You also have the right to object where We are processing your personal data for direct marketing purposes.
Request the restriction of processing of your personal data. This enables you to ask us to suspend the processing of personal information about you, for example if you want us to establish its accuracy or the reason for processing it.
Request the transfer of your personal data to another party.
Complain to supervisory authorities: If you disagree with the way in which We process your personal data, you may lodge a complaint to the Norwegian Data Protection Authority (Nw: “Datatilsynet”). The contact information for Datatilsynet is available at www.datatilsynet.no. We however hope you choose to direct an enquiry to us first.

If you want to review, verify, correct or request erasure of your personal data, object to the processing of your personal data, or request that We transfer a copy of your personal data to another party, please contact Lawrence Falkeid at lf@falkeid.no.

We sometimes need to request specific information from you to help us confirm your identity and ensure your right to access the information (or to exercise any of your other rights).

This
is another appropriate security measure to ensure that personal data is not disclosed to any person who has no right to receive it.

In the limited circumstances where you have provided your consent to the collection, processing and transfer of your personal data for a specific purpose, you have the right to withdraw your consent for that specific processing at any time.

To withdraw your consent, please contact Lawrence Falkeid at lf@falkeid.no, once We have received notification that you have withdrawn your consent, We will no longer process your personal data for the purpose or purposes you originally agreed to, unless We have another legitimate basis for doing so by applicable law.

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Changes to this Privacy Notice

We reserve the right to update this privacy notice at any time, and We will provide you with a new privacy notice when We make any substantial updates. We will also notify you in other ways from time to time about the processing of your personal data.

It is important that you read this notice, together with any other privacy notice that is provided on specific occasions when We are collecting and /or processing personal data about you, so that you are aware of why and how We are using such information.