1. Fleet Management Limited is a company based in Hong Kong, 27th Floor, South Island Place 8 Wong Chuk Hang Road Hong Kong (“Company”). The Company and such of its subsidiaries, affiliates and associated companies who are engaged in the business of providing ship management services to its clients are hereinafter called “Fleet Management Group” (or “us”, “we” or “our”). The indicative list of such companies can be found here.
5. Where the Fleet Management Group controls how your personal data is collected and the purposes for which we use your personal data, the Fleet Management Group will act as the “data controller” for the purposes of the GDPR (or also known as a “personal information processor” under the PIPL).
6. 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). We obtain Personal Data which you disclose to us, both online and offline, such as when you:
7. We may also collect information from third-party sources such as sub-contractors. In certain instances, your employers may provide us with your information.
8. Some of our offices may have also installed CCTV cameras which may capture and collect video footages or images of you.
9. From our clients (including potential clients) as well as other counterparties (including potential counterparties) such as vendors, agents, and service providers:
The information that we may collect and hold about third parties includes:
10. From the users of our Website
The information that we may collect and hold about users of our Website includes:
We shall use the information obtained from the website to administer our Website and for internal operations, including troubleshooting and in order to keep our Website safe and secure to improve our Website to ensure that content is presented in the most effective manner for you and to ensure that content displayed on the Website is presented in a user-friendly manner.
*We do not generally collect sensitive information unless it is volunteered by you or unless we are required to do so, pursuant to applicable laws or regulations.
*We collect and process data of minors only when consent is given or authorised by the holder of parental responsibility over the minor.
11. From potential employees:
We collect personal data from candidates for recruitment purposes. Failure to provide the mandatory personal data may influence the processing and outcome of their job application.
The information that we may collect and hold about candidates includes:
We may ask for other personal data (including special categories of data and criminal records) during the candidate’s application or after we’ve made an offer, we will explain (often verbally) why and how it will be processed when it is requested.
We need to process data to decide whether to enter into a contract of employment with a particular candidate and may also process certain data to ensure that we are complying with our legal obligations. We have a legitimate interest in processing personal data during the recruitment process and in keeping records of the process in order to manage the recruitment process. Such data is required to assess and confirm a candidate’s suitability for employment and decide to whom to offer a particular role. We may also need to process the candidate`s data to respond to and defend itself against legal claims.
We may also contact the previous employers named by that candidate as referees for the purpose of obtaining employment references.
12. From Applicant Seafarers
The categories of personal data we may collect from any applicant seafarer include:
Personal data of any applicant seafarer will be collected and used by us to:
Where applicable, the legal basis for processing such information is the legitimate business interest of the Fleet Management Group for identifying seafarers who can be deployed on the vessels of its customers.
The special categories of personal data we may collect from applicant seafarers through the application form include applicant’s photograph, status of union membership, weight, height, dietary preference, medical history, criminal track record, and information on whether or not the applicant is a smoker.
Upon successful application and inclusion of applicant seafarer’s name to the roster, we will transfer the successful applicant’s personal data to the files kept by our manning department. This database is accessible to different companies belonging to the Fleet Management Group in different parts of the world including outside the EU/EEA and the People’s Republic of China (“PRC”). Some of these jurisdiction(s) may not have in place data protection laws which are substantially similar to or serve the same purposes as, your country of residence. Where we transfer the candidates’ data outside of the EU/EEA or the PRC, we will take reasonable measures to safeguard the transfer of the personal data to third parties in a manner that complies with the applicable data protection laws.
13. It is important that the data that we hold about you is accurate and up to date. In the event that your data changes please notify us so that we can update our records.
14. Any personal data submitted to us either in enquiries through this Website, by email or by other means provided via the Website or otherwise, will be collected, used, stored and processed by us only for the purposes of:
15. We may process your personal data for direct marketing purposes. For example, we may send you marketing communications and news concerning Fleet Management Group’s services, event invitations and our company newsletter. You will only receive marketing communication from us if you have opt-in of receiving marketing material.
16. We respect if you do not want your personal data to be processed for direct marketing purposes and you can always inform us about this as per the section “Contact Us” found below or clicking on the opt-out link included in each marketing message. As soon as you notify us, your personal data will no longer be processed for marketing purposes.
17. We process your personal data on the following legal basis (to the extent relevant under applicable laws):
You have the right to withdraw consent at any time by contacting us. However, this will not affect the lawfulness of any processing carried out before you withdraw your consent or if consent was not the basis of processing your information. If you withdraw your consent, we may not be able to provide certain products or services to you.
18. Your personal data collected by the Fleet Management Group may be transferred to, and stored and processed in, any country in which we or subsidiaries, affiliates or our associated third parties maintain facilities in order to carry out the purposes listed under paragraph 14 above. If you are a resident of the PRC and are providing the information through this Website including by filling in the forms/ reports available on the Website, you may refer here for an indicative list of these subsidiaries, affiliates or associated third parties situated outside the PRC. Such subsidiaries, affiliates or associated third parties should only keep your personal data for so long as is necessary to fulfil the relevant purposes set out in paragraph 14 above, unless a longer retention period is required under applicable law.
19. Given the international nature of the Fleet Management Group’s operations, personal data may be transferred to countries outside the EU/EEA and the PRC. Where we transfer your data outside of the EU/EEA or the PRC, we will take reasonable measures to safeguard the transfer of the personal data to third parties in a manner that complies with the applicable data protection laws.
20. We may disclose your Personal Data to third parties under the following circumstances in order to carry out the purposes listed under paragraph 14 above:
When using the services of any third party, the Fleet Management Group enquires if the third party will provide suitable technical and organisational measures to protect the personal data as required by the applicable law.
21. We will only retain your personal data for as long as necessary to fulfil the purposes we collected it for. We will only store data for as long as is required to fulfil that purpose, or for the purpose of satisfying legal, tax, accounting or reporting requirements and as per the local laws of the country we operate in. 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 unauthorized use and/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 also the applicable legal requirements.
22. We take the security of your information seriously. We will take all practicable steps, including the implementation of technical and physical security measures, to ensure that all personal data held by us is kept secure and safe from any loss or unauthorised disclosure, use and modification.
23. The security practices adopted by us include regular review of permissions and account access, as well as change, incident, risk, and problem processes to prevent and resolve issues. Security frameworks used by us for guidance are ISO27001 and the National Institute of Standards and Technology.
24. We enquire about the appropriate security certifications from our Cloud and IT vendors.
25. We respect the rights granted to the data subjects pursuant to the applicable laws. GDPR and PIPL grant EU and PRC subjects respectively certain legal rights, a summary of which is set forth below:
26. Where we need to collect personal data by law, or under the terms of a contract we have with you and you fail to provide that data when requested, we may not be able to perform the contract we have or are trying to enter into with you or we may not be able to perform the services as agreed. In case you fail to provide the required data, we may have to terminate that contract with you as a result, but we will notify you if this is the case at the time.
27. If you have any questions on how we collect and treat personal data (including any complaints that you may have in relation to our handling of your personal data) or would like to exercise any of the abovementioned rights, please send your inquiries to: firstname.lastname@example.org. Singapore data subjects may contact our DPO for Singapore too on this email address. If you are a resident of the EU/ EEA, you may send your inquiries to email@example.com.
28. For any discrepancies and grievances relating to Personal Data collected and processed by Elegant Marine Services India Pvt Ltd and Fleet Management India Pvt Limited, you can contact:
Grievance Officer (India): Dhirendra Pareek or such other person whose details are updated on this website from time to time. Email id: firstname.lastname@example.org.
30. All matters relating to this website are governed by the laws of Hong Kong.