Terms: Crew

This document applies to the relationship between Crewdentials and individual crew members who create a Crewdentials Profile.

If you are completing a Crewdentials workflow created by one of our customers there is currently no relationship between Crewdentials and you (other than the privacy statement here). If, at the end of completing a workflow you create your own Crewdentials Profile, these terms will apply.

When we say “Crewdentials”, “we”, “us”, or “our” we mean Crewdentials Limited a company registered in Guernsey with these corporate details.

Crewdentials has developed innovative software to allow seafarers to create a Profile store their maritime qualifications and connect with organisations.

Our aim is to take the complexity out of managing maritime qualifications. We have also tried really hard to keep complexity out of our terms of service but there are certain things we need you to understand and agree to. Here are the key things you need to know, which unfortunately don’t replace the more detailed legal bits below...

• This document is the terms of our agreement with you and we may change the terms and services offered from time to time. If we do that and you don’t agree to the terms, then you can close your Profile at any time.
• You have to be 16 years of age or over to register for and use a Profile.
• The data in your Profile belongs to you and it is your responsibility to keep it secure. To be able to offer our services there are certain things we need to do with your data but we aim to explain this to you clearly.
• If you choose to share your data through Crewdentials, we take no responsibility for what the recipient does with it. Please read their data privacy statement.
• If we think that you are doing anything illegal (for example adding fake certificates or pretending to be someone else) or aren’t complying with these terms (for example you are trying to copy our software) we can suspend or terminate your Profile. We may also need to tell the law enforcement authorities.
• Please treat our software and hard work with respect, and only use it for the purposes we created it for.

1. Agreement

Where we talk about a Profile we mean the account registered in your name, along with the platform, our services and any documentation we supply that supports the provision of that Profile. This document (and the documents referred to) sets out the terms on which we will provide the Account to you and also your obligations. By completing the sign up process you are agreeing to enter a contract with Crewdentials Limited on these terms.

You must be at least 16 years of age to accept these terms.

2. Your privacy

We collect certain personal data as data controller which we will process in accordance with our privacy statement found here. The remainder of the data that we collect is as a data processor and we will process in accordance with the terms of this agreement.

3. Changes to these terms

These terms are dated 20 February 2024.  We may need to change these terms to reflect changes in the law or best practice or to deal with additional features which we introduce. We will notify you via the Platform or email about such changes and will use reasonable commercial endeavours to provide you with prior notice of any material or fundamental changes. If you do not accept the notified changes you will not be permitted to continue to use your Profile and your Profile will be suspended and subsequently terminated.

4. What Crewdentials is giving you

Crewdentials grants you access to the Profile and the features and functionality provided through the Profile. In return we require that you comply with these terms.

5. Changes to the platform

Your Profile is delivered as a progressive web app (PWA) which means that we may automatically update the platform and change our services to improve performance, enhance functionality, reflect changes to the operating system or address security issues. The Profile will however always substantially match the description of it provided to you when you signed up.

6. Your rights and obligations

In order to use your Profile, you must comply with certain obligations. If you fail to do so we may suspend or terminate your Profile by giving notice to you. If the breaches are capable of being fixed, we will give you a reasonable opportunity to do so. If we terminate your Profile we will give you 14 days' notice for you to download copies of your information stored in your Profile before they are deleted.

We may and may also be required in certain circumstances (such as prevention of fraud or other criminal offences) to report your actions to law enforcement.

If you wish to close your Profile, you may do so within the Profile or by emailing us at hello@crewdentials.com

Your data will be deleted within 30 days unless we are obliged to keep it for legal or regulatory purposes (such as an ongoing investigation). We may also be required to keep basic information about our customers for legal, regulatory or tax purposes.

You must only use your Profile in a lawful manner and for a lawful purpose. There are many encouraged behaviours and also many behaviours or actions that would be in breach of these terms. It would be impossible to list all such behaviours but we have highlighted some of the key ones below:

Personal information

‍You must register in your own name and only upload your own certificates and information. All documents and information must be genuine and accurate. Your Profile is designed to contain information about you and limited information about other people who might be, for example your emergency contact or your employment referees.

You must not upload any personal information about any other person or any confidential information that you do not have the right to share. You must not attempt to impersonate any person or infringe any other person’s rights. This would be a breach of our agreement with you and may also be a criminal offence.

Profile security

We recognise the sensitivity of the personal information that you choose to store in your Profile and we are absolutely committed to keeping that information secure. However it is also your responsibility to take all reasonable steps to secure your information by ensuring that you (a) keep your log in details secure and (b) log out of your Profile where you are using a shared computer. If you know or suspect that your account has been compromised you must contact us.

Security procedures

‍We implement security procedures that we consider commensurate and appropriate. We reserve the right to change these security procedures at any time.

Intellectual property

‍In return for us allowing you to use your Profile, we require that you do not infringe any of Crewdentials’ (or any third party’s) intellectual property rights. Further information on this is provided within clause [8] below

Sharing information

‍You can share your data and documents (including certificates) with any third party, such as a recruiter, captain or crew manager. You are in control of who to share with, and which data and documents to share. It is your responsibility to choose what to share, who to share with and that the email address of the recipient is correct. Once the recipient has received the email and any documents, we have no control over and no responsibility or liability for the actions of the recipient. We suggest that you check the recipient’s data privacy statement (normally found on their website or available on request) prior to sharing your data.

7. Our obligations to you

We will use our reasonable endeavours to make your Profile available 24 hours a day, seven days a week. However, as with any software this is subject to interruptions as a result of any planned or unplanned maintenance or update work. We will use our reasonable endeavours to undertake our planned maintenance between 23:00 and 03:00 CET.  Where urgent or unplanned maintenance is required, we will do our best to give you some prior notice but this may not always be possible. Other than detailed below at clause 10 we will not be liable for any loss you may suffer as a result of your Account not being available.

We may act on instructions that we believe, on a reasonable basis, to be given by you whether that it over the telephone, email or letter. We are not obliged to check the validity or truth of any instruction that we reasonably believe to be given by you.

Whilst Crewdentials would like to identify expiry dates and notify you when your certificates or documents expire, it remains your responsibility to ensure that you keep those certificates or documents up to date. To the fullest extent permitted, we exclude all liability for any losses that may occur as a result of any expiry.

We will monitor account activity such as frequency of logins. Where we notice that you have not accessed your Profile for more than 2 years we will email you to request that you actively confirm you still want your Profile. If you do not confirm, we will delete your Account and all data and information stored in it.

8. Data & Confidentiality

Data Generally

Subject to this Agreement Crewdentials: 

• recognises and agrees that you possess and retain all right, title and interest in the data contained in your Profile
• Is granted a licence to access, use, process, copy and display such data
• will access and use that data solely to provide and maintain the Platform, Support and Services under this Agreement
• Will share your information as you direct through the Platform and the Services, but Crewdentials will not otherwise disclose your information to third parties except as permitted in this Agreement.

Where we have access to your confidential information in order to perform our obligations under this agreement, we will hold such information in confidence and not make such information available to any third party, or use such information for any purpose other than the implementation of this agreement and the delivery of our services. We will take all reasonable steps to ensure that your confidential information to which we have access is not disclosed or distributed by our employees or agents in violation of the terms of this agreement.

We may disclose confidential information to the extent such information is required to be disclosed by law, by any governmental or other regulatory authority or by a court or other authority of competent jurisdiction. If this happens and we are legally permitted to do so we will give you as much notice of such disclosure as soon as possible. 

Usage Data & Aggregate Data

Crewdentials may collect Usage Data and use it to operate, improve and support the Platform and for other lawful business purposes, including benchmarking, reports and identifying where you are unlocking features.  Crewdentials may use a third party service provider to assist with collecting Usage Data. Subject to that, Crewdentials will not disclose Usage Data externally unless it is (a) de-identified so that it does not identify you or any other person; and (b) aggregated with data across other customers. Usage Data means our technical logs, data and learnings about your use of the Platform. 

Crewdentials may collect Aggregate Data and use it (during and after the term of this Agreement) to (i) operate, improve and support the the Platform, Features and our Services; for other development, diagnostic and corrective purposes in connection with the Platform; and for other lawful business purposes; and (ii) to disclose such Aggregate Data solely in connection with our business, for example, we could indicate that "[x] number of seafarers on the Platform have a certificate expiring in [y] months". This is for the mutual benefit of all our users and the maritime industry as a whole.  Aggregate Data is any Customer Data from which identifying information has been removed so that individual or commercial data or information cannot be associated with the relevant subject without extraordinary effort.

Data Protection

Crewdentials is registered with the data protection regulator in Guernsey.  Guernsey is not part of the EU but has its own comprehensive data protection laws in a manner equivalent to the EU General Data Protection Regulation (GDPR). Guernsey has been deemed by the European Commission as offering an adequate level of data protection. The GDPR, the Data Protection (Bailiwick of Guernsey) Law 2017 and all other relevant data protection legislation is referred to as the Data Protection Legislation for the rest of these terms. Other terms such as data processor, data controller and data subject have the meaning given to them in the Guernsey law.

In relation to the information required to set up a Profile and other limited information Crewdentials is the data controller and will process your data in accordance with our privacy statement found here

In relation to the other information you choose to upload or store in your Profile Crewdentials is the data processor. EU and Guernsey law says that we can only deal with that data on written instructions from you and requires us to set out certain matters in a legally binding agreement.  The terms of the data processing agreement at the addendum constitutes that agreement.

9. Intellectual property

The Crewdentials Platform that supports your Profile contains a lot of valuable knowledge and intellectual property. The software that allows the Platform to work is a combination of software licensed to us and original code, maritime and coding expertise, and comprehensive databases created by Crewdentials. The Crewdentials software and architecture is therefore protected by the laws relating to intellectual property. Intellectual property may only be used with the permission of the owner and the owner has the right to determine how it is used and who it is used by, commonly by way of an agreement with the user (ie you). Being given permission to use something gives less extensive rights than buying or owning something. Any use outside of the agreement is an infringement of our rights (or the rights of the owners of the software licensed to us) and could lead to damages being awarded or statutory fines being levied.

All intellectual property rights in the Profile belong to Crewdentials or its licensors. All rights are reserved.

The relevant rights to enable you to use the Profile are must be exercised in accordance with these terms. Other than as described in this agreement, you are not granted any rights to, under or in, any patents, copyright, database right, trade secrets, trade names, trademarks (whether registered or unregistered) or any other rights or licences in respect of the Profile, Platform, our services or the documentation.

You will not do anything to infringe our rights.  This includes not doing, or attempting to do any of the following

1. Copying, modifying, duplicating, republishing or selling any of our products or services to any other person;
2. De-compile, reverse engineer, reverse compile, disassemble, or otherwise reduce to human perceivable form any part of the software;
3. Allow anyone to use or sub-licence our services or documentation;
4. Transfer, assign, disclose or otherwise commercially exploit or make available your Account or any of our services or documentation to any third party;
5. Access all or any part of the Account in order to build a product or service which competes with the services; or
6. Introduce or permit the introduction of (or attempt to) any virus or vulnerability into Crewdentials' system.

Crewdentials confirms that it has all the rights in relation to the Profile that are necessary to grant all the rights it purports to grant under, and in accordance with, the terms of this agreement.

11. Our responsibility for loss or damage suffered by you

We are not responsible for any loss or damage that is not foreseeable. Foreseeable in this situation means where it is either obvious that it will happen or if, at the time you accepted these terms, both we and you knew it might happen.

Our liability in respect of a breach of the data protection addendum is limited to £50.  Our liability for all other breaches will be limited to £1. 

We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors or for fraud or fraudulent misrepresentation.

The Profile is for private use. If you use your Profile for any commercial or business purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

We provide the Profile on an “as-is” basis. We make no representations, warranties or guarantees, whether express or implied as to fitness or that any information provided by us is accurate, complete or up to date.

We recommend that you back up any content and data used in connection with your Profile, to protect yourself in case of problems with the Profile

If our provision of the Services or support for your Profile is delayed by an event outside our control then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this we will not be liable for delays caused by the event.

12. Yet more legal terms

We may transfer our rights and obligations under these terms to another organisation. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under the contract. You may only transfer your rights or your obligations under these terms to another person if we agree in writing.

Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.

Even if we delay in enforcing this contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date.

These terms are governed by the laws of Guernsey and you can bring legal proceedings in the Guernsey courts.

Data Processing Addendum

This addendum:

• applies to Crewdentials as data processor. 

• Applies to Crewdentials’ processing of Personal Data to the extent that such processing is subject to the Data Protection Laws
• Commences on the day you upload information or documents to your Profile and terminates upon expiration or termination of the Agreement (or if later, the date on which Crewdentials ceases all processing).

Obligations 

You will ensure that you have all necessary appropriate consents to enable lawful transfer of the personal data to us for the duration and purposes of this agreement so that we may lawfully use, process and transfer the personal data in accordance with this agreement;

Crewdentials will: 

1. only process Personal Data in accordance with these terms and your instructions (unless legally required to do otherwise).  Your instructions means processing to provide the Platform and Services and perform our obligations and other reasonable documented instructions consistent with the terms of the Agreement
2. not sell, retain or use any Personal Data for any purpose other than as permitted by these terms,
3. inform you immediately if (in its opinion) any instructions infringe Data Protection Laws.  We have no obligation to actively monitor your compliance with the Data Protection Laws.  
4. use the technical and organisational measures described here when processing Personal Data to ensure a level of security appropriate to the risk involved.  Where no technical and organisational measures are identified we will implement reasonable and appropriate measures.  
5. notify you of a personal data breach within 48 hours after becoming aware of a personal data breach and provide assistance to you as required under Data Protection Laws in responding to it,
6. ensure that anyone authorised to process Personal Data is committed to confidentiality obligations,
7. without undue delay, provide you with reasonable assistance with: data protection impact assessments taking into account the nature of the processing; responses to data subjects’ requests to exercise their rights under Data Protection Laws, and engagement with supervisory authorities, 
8. if requested, provide you with information necessary to demonstrate its compliance with obligations under Data Protection Laws and these terms,
9. allow for audits at your reasonable request, provided that audits are limited to an appropriate scope, once a year and during business hours except in the event of a personal data breach, and
10. at your written direction delete in accordance with the timescales set out in these terms any personal data unless required by applicable law to store the personal data (and for these purposes the term “delete” shall mean to put such data beyond use); 

International personal data transfers

Crewdentials may process and transfer Personal Data globally as necessary to provide the Platform and its Services.  Where a party is located outside Guernsey, the UK, the EEA or an adequate country and receives Personal Data the relevant transfer mechanism such as the standard contractual clauses will apply.

If the transfer mechanism is insufficient to safeguard the transferred Personal Data, the data importer will promptly implement supplementary measures to ensure Personal Data is protected to the same standard as required under Data Protection Laws.

If any relevant data protection regulator issues any standard controller to processor clauses we may, on not less than 30 days’ notice, revise our terms by replacing this clause with any standard clauses or similar terms forming part of an applicable certification scheme.

SubProcessors

‍In order to build the Platform which allows us to provide your Profile to you, Crewdentials makes use of software components (for example notifications) that also act as data processors.  Without the support of these sub-processors we would not be able to provide the Platform.  

You authorise us to engage sub-processors when processing Personal Data.  The current sub-processors are listed here.   We may appoint new sub-processors and they will appear on this list.  You can subscribe to notifications to sub-processor changes by filling in this form.  You have the right to object to the use of these sub-processors on reasonable data protection concerns and we will discuss in good faith. If we are unable to reach a mutually agreeable resolution, we may not be able to continue to provide your Profile to you.

We: 

• require any sub-processor to comply with equivalent terms as our obligations under these terms. 
• Ensure that appropriate safeguards are in place before internationally transferring Personal Data to any of the sub-processors and 
• Are liable for any acts, errors or omissions of our sub-processors as if they were a party to these terms

Subject matter of the processing

The processing of personal data relates to the collection, organisation, retrieval, consultation or storage of personal data within the Profile provided by Crewdentials.

Duration of the processing

Crewdentials will process personal data for the period that you maintain a Profile and will delete your data within 30 days after the termination effective date. Any content archived on any back-up systems will be protected from any further processing except as otherwise required by applicable law.

Nature and purpose of the processing

Crewdentials will process personal data as necessary to provide the services under these terms. The nature of the processing includes the collection, organisation, retrieval, consultation and storage of personal data within the Profile provided by Crewdentials. Any dissemination or making available of any personal data is by the data subject only. We do not sell any data and do not share any information with third parties for compensation or reward, or for those third parties’ own business interests.

Type of personal data

Crewdentials will process the personal data that you upload into the predetermined data fields in the Profile. This includes personal details, financial details, health and medical details as may be requested by any of your connections.

Categories of data subject

Crewdentials will process the personal data you choose to upload or store about yourself, and limited other persons such as your next of kin, and those connected to your employment or career.

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