Privacy Notice for Members of Constituent Associations and Crew Members on board Vessels Undertaking Work for SFFSL
What is the purpose of this document?
SFF Services Limited (SFFSL) is committed to protecting the privacy and security of your personal information.
This privacy notice describes how we collect and use personal information about you in accordance with the General Data Protection Regulation (GDPR).
SFFSL is a “data controller”. This means that we are responsible for deciding how we hold and use personal information about you. We are required under data protection legislation to notify you of the information contained in this privacy notice.
This notice applies to members of Scottish Fishermen’s Federation Constituent Associations and crew members on board vessels undertaking work for SFFSL. We may update this notice at any time but if we do so, we will provide you with an updated copy of this notice as soon as reasonably practical.
It is important that you read and retain this notice, together with any other privacy notice we may provide on specific occasions when we are collecting or processing personal information about you, so that you are aware of how and why we are using such information and what your rights are under the data protection legislation.
Data Protection Principles
We will comply with data protection law. This says that the personal information we hold about you must be:
1. Used lawfully, fairly and in a transparent way.
2. Collected only for valid purposes that we have clearly explained to you and not used in any way that is incompatible with those purposes.
3. Relevant to the purposes we have told you about and limited only to those purposes.
4. Accurate and kept up to date.
5. Kept only as long as necessary for the purposes we have told you about.
6. Kept securely.
The Kind of Information We Hold About You
Personal data, or personal information, means any information about an individual from which that person can be identified. It does not include data where the identity has been removed (anonymous data).
There are “special categories” of more sensitive personal data which require a higher level of protection, such as information about a person’s health.
We will collect, store, and use the following categories of personal information about you:
• Personal contact details such as name, title, addresses, telephone numbers, and personal email addresses.
• Date of birth.
• Nationality.
• Training certificate details, records and rank.
• Next of kin and emergency contact information.
• Prescription medication details.
• ENG1 or other medicals.
• Constituent Association of which you are a member.
• Vessel name, PLN and agent, if applicable.
How Is Your Personal Information Collected?
We collect personal information about members of our constituent organisations either directly from the members or from the constituent organisations. We may sometimes collect additional information from third parties including: vessel agents, training providers/certifying bodies and medical practices.
How Will We Use Information About You?
We will only use your personal information when the law allows us to. Most commonly, we will use your personal information in the following circumstances:
1. Where we need to perform the contract we have entered into with you.
2. Where we need to comply with a legal obligation.
3. Where it is necessary for our legitimate interests (or those of a third party) and your interests and fundamental rights do not override those interests.
We may also use your personal information in the following situations, which are likely to be rare:
1. Where we need to protect your interests (or someone else’s interests).
2. Where it is needed in the public interest or for official purposes.
Situations In Which We Will Use Your Personal Information
We need all the categories of information in the list above primarily to allow us to comply with legal obligations. In some cases we may use your personal information to pursue legitimate interests of our own or those of third parties, provided your interests and fundamental rights do not override those interests. The situations in which we will process your personal information are listed below.
- Maintaining a database.
- For vessel inspection reports.
- For preparing contractual documents for SFFSL vessel work.
- For preparing sailing crew lists for SFFSL vessel work.
- Provision of information to Clients/Marine Scotland/Coastguard.
- Invitations to SFFSL events.
- Distributing equipment.
- To arrange Fisheries Observer trips and obtain feedback.
- In relation to Guard/Chase/Trawl Sweep/Other Vessel contracts.
If You Fail To Provide Personal Information
If you fail to provide certain information when requested, we may be prevented from complying with our legal obligations (such as to ensure the health and safety of workers or others).
Change of Purpose
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 purpose, we will notify you and we will explain the legal basis which allows us to do so.
Please note that we may process your personal information without your knowledge or consent, in compliance with the above rules, where this is required or permitted by law.
How We Use Particularly Sensitive Information
”Special categories” of particularly sensitive personal information require higher levels of protection. We need to have further justification for collecting, storing and using this type of personal information. We have in place an appropriate policy document and safeguards which we are required by law to maintain when processing such data. We may process special categories of personal information in the following circumstances:
1. In limited circumstances, with your explicit written consent.
2. Where we need to carry out our legal obligations or exercise rights in connection with employment.
3. Where it is needed in the public interest, such as for equal opportunities monitoring.
Our obligations with sensitive personal information
We will use your particularly sensitive personal information in the following ways:
• To assess your fitness to work on certain projects to meet Client requirements.• To assess your fitness to work if selected for random drugs and alcohol testing.
Do we need your consent?
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 exercise specific rights in the field of employment law. In limited circumstances, we may 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.
Information About Criminal Convictions
We do not envisage that we will hold information about criminal convictions.
Automated Decision Making
We do not envisage that any decisions will be taken about you using automated means, however we will notify you in writing if this position changes.
Data Sharing
We may have to share your data with third parties, including third-party service providers and other entities in the group.
We require third parties to respect the security of your data and to treat it in accordance with the law. We may transfer your personal information outside the EU. If we do, you can expect a similar degree of protection in respect of your personal information.
Why Might You Share My Personal Information With Third Parties?
We will share your personal information with third parties where required by law, where it is necessary to administer the working relationship with you or where we have another legitimate interest in doing so.
Which Third-Party Service Providers Process My Personal Information?
“Third parties” includes third-party service providers (including contractors and designated agents) and other entities within our group. The following third-party service providers process personal information about you for the following purposes: Clients as a contracting party; Marine Scotland for fisheries management purposes; Vessel Agents to ensure consistency of
information; the Coastguard and Emergency Services for the purposes of health and safety; and foreign tax authorities for compliance purposes.
How Secure Is My Information With Third-Party Service Providers and Other Entities in our Group?
All our third-party service providers and other entities in the group are required to take appropriate security measures to protect your personal information in line with our policies. We do not allow our third-party service providers to use your personal data for their own purposes. We only permit them to process your personal data for specified purposes and in
accordance with our instructions.
What About Other Third Parties?
We may also need to share your personal information with a regulator or to otherwise comply with the law.
Transferring Information Outside The EU
We may transfer the personal information we collect about you to the following countries outside the EU: United States of America, in order to perform our contract with you. There is not an adequacy decision by the European Commission in respect of that country. This means that the country to which we transfer your data are not deemed to provide an adequate level of
protection for your personal information.
However, to ensure that your personal information does receive an adequate level of protection we have put in place the following appropriate measures to ensure that your personal information is treated by those third parties in a way that is consistent with and which respects the EU and UK laws on data protection: model clauses. If you require further information about these protective measures, you can request it from our Data Privacy Manager.
Data Security
We have put in place measures to protect the security of your information. Details of these measures are available upon request.
Third parties will only process your personal information on our instructions and where they have agreed to treat the information confidentially and to keep it secure.
We have put in place appropriate security measures to prevent your personal information from being accidentally lost, used or accessed in an unauthorised way, altered or disclosed. In addition, we limit access to your personal information to those employees, agents, contractors and other third parties who have a business need to know. They will only process your
personal information on our instructions and they are subject to a duty of confidentiality. Details of these measures may be obtained from our Data Privacy Manager.
We have put in place procedures to deal with any suspected data security breach and will notify you and any applicable regulator of a suspected breach where we are legally required to do so.
Data Retention
How Long Will You Use My Information For?
We will only retain your personal information 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. Details of retention periods for different aspects of your personal information are available in our retention procedure which is available from the Data Privacy Manager. 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 from 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.
Rights Of Access, Correction, Erasure, and Restriction
Your Duty To Inform Us Of Changes
It is important that the personal information we hold about you is accurate and current. Please keep us informed if your personal information changes during your working relationship with us.
Your Rights In Connection With Personal Information
Under certain circumstances, by law you have the right to:
• Request access to your personal information (commonly known as a “data subject access request”). This enables you to receive a copy of the personal information we hold about you and to check that we are lawfully processing it.
• Request correction of the personal information that we hold about you. This enables you to have any incomplete or inaccurate information we hold about you corrected.
• Request erasure of your personal information. This enables you to ask us to delete or remove personal information where there is no good reason for us continuing to process it. You also have the right to ask us to delete or remove your personal information where you have exercised your right to object to processing (see below).
• Object to processing of your personal information 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 information for direct marketing purposes.
• Request the restriction of processing of your personal information. 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 information to another party. If you want to review, verify, correct or request erasure of your personal information, object to the processing of your
personal data, or request that we transfer a copy of your personal information to another party, please contact the Data Privacy Manager in writing.
No Fee Usually Required
You will not have to pay a fee to access your personal information (or to exercise any of the other rights). However, we may charge a reasonable fee if your request for access is clearly unfounded or excessive. Alternatively, we may refuse to comply with the request in such circumstances.
What We May Need From You
We may 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 information is not disclosed to any person who has no right to receive it.
Right To Withdraw Consent
In the limited circumstances where you may have provided your consent to the collection, processing and transfer of your personal information 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 our Data Privacy Manager. Once we have received notification that you have
withdrawn your consent, we will no longer process your information for the purpose or purposes you originally agreed to, unless we have another legitimate basis for doing so in law.
Data Privacy Manager
We have appointed a Data Privacy Manager to oversee compliance with this privacy notice. If you have any questions about this privacy notice or how we handle your personal information, please contact the Data Privacy Manager. You have the right to make a complaint at any time to the Information Commissioner’s Office (ICO), the UK supervisory authority for data
protection issues.
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 may also notify you in other ways from time to time about the processing of your personal information.
If you have any questions about this privacy notice, please contact our Data Privacy Manager at s.gove@sff.co.uk or +44 (0)1224 646966.
