User’s Agreement

Please read carefully below User’s Agreement before using service of our web-site.

Your further proceeding with registration means that you fully agree with the rules stating below and promise to strictly follow terms and conditions of the site, as well as.

Here and further below in the present Agreement:
Administration - the Administration of Maritime Recruitment
Site - the website http://www.whalerecruitment.com of Whale Recruitment
User – any user of the Site (seafarer or employer or employer’s agent or representative or any other person using service of the Site)

PDO – Data Protection Officer

Present Agreement is between the Administration of Whale Recruitment and User of the website http://www.whalerecruitment.com (the Site), who use information and services offered through the site according to the present Agreement.

By accepting of present Agreement User declares that all data provided by him are true and correct, all Certificates, Diplomas, Licenses, Health Lists, Vaccination Cards, as well as personal identity documents, like passports, Seaman’s Books, Discharge Books, IDs and any other documents which might be requested in the process of using Whale Recruitment service, are obtained in the legal way in Government Institutions or in the Institutions, Licensed by Government.

User agrees that he is responsible for the information published by him on the Site. User hereby declares that all information published by him are in compliance with legal requirements, copyright compliance, the authorized use of a business name, the use of logos, trademarks for goods and services (trade marks) and also for the rights of third parties in connection with the placement of information on the Site. In case of claims from third parties relating to the content posted by User, the User has to settle these claims at his own expense.

By accepting this Agreement, the User acknowledges that he understood his rights, and the purpose of the collection, storage and processing of personal or Company’s data (if he is acting on behalf of the Company). The User also agrees that the period of processing of data is indefinite.

User agrees for publishing information, provided by him on the Site. User declares hereby his unconditional consent to the processing of his personal data or Company’s data (contained in the summary, communications) and/or other information collected and/or posted on the Site and/or sent to other Users of the Site. This information will be available for other Users. Administration doesn’t bear responsibility for proper use of this information by other Users in public domain.

User undertakes an obligation not to disclose any personal/Company’s information, obtained with the help of the Site, to third parties.

The collection, storage and processing of personal data is aimed to provide personalized services to the Site User, including access to a private section, authorization, password reminder, publication and sending resumes, targeting advertisements, notifications, requests and information regarding use of the Site, services, processing of User requests, as well as other Site services.

The processing of personal or Company’s data includes any act and/or a set of actions that are associated with the collection, recording, accumulation, storage, adaptation, alteration, renovation, use and distribution (implementation, transfer), removing personal information in order to provide services of the Site.

User consent to the processing of personal data does not require further notice from the Administration in the transmission of personal data to other Users, acting as Employers and/or their Agents or representatives (Recruitment and Placement Services). Also, Users, acting as Employers and/or their Agents or representatives (Recruitment and Placement Services) are consent to the processing of their data does not require further notice from the Administration in the transmission of their data to other Users.

The volume of personal information of seafarer, which may be processed and which can be included in the databases of personal data (including local data base of seafarers), is defined as any information about the User (which is housed in an executive summary and/or other data collected on the Site and/or letters sent with it), which will become known to the Administration, as well as to any other User of the Site.

The User can change (update, supplement) his personal data, or part of them at any time. The User also has the right for the complete removal of his Site's account and all personal/Company’s information from the Site without notice to the Administration.

User hereby agrees to obey rules and regulations of Maritime Labour Convention (MLC-2006).

Using this Site for charging seafarers with fees or other charges for seafarer recruitment or placement or for providing employment to seafarers are borne directly or indirectly, in whole or in part, by the seafarer is strictly prohibited. Using of the Site for any other action violating requirements of Maritime Labour Convention (MLC-2006) is not allowed.

Administration is not responsible for any violation of this rule if it happens, however reserves the right to delete posts, violating this rule.

By accepting this Agreement, User agrees with following rules:
  1. Information, provided by User should be true and correct and detailed as much as possible up to his knowledge. Posting false or poor quality information is strictly prohibited.
  2. Actions that could be classified as illegal, fraudulent, offensive, misleading, defamatory anyone or anything, are strictly prohibited.
  3. Creating of multiple accounts on the Site, if in fact they belong to the same person or company is not allowed. Administration has the right to delete such multiple accounts.
  4. Publishing insults, obscene statements, and other materials that are harmful to the Administration, other Users or to the third parties is not allowed.
The Administration is not responsible for:
  1. The content published by Users.
  2. Injury, wastage and any other damages that may occur when using the Site.
  3. Any harm or damage to the third Parties, which may occur due to using the Site.
  4. Any communication between Users after exchange of contact details with the help of this Site, as well as any consequences of such exchange.
The Administration reserves the right to:
  1. Modify the Site in its sole discretion.
  2. Change fees (no any fees for seafarers at any time), services, expiry dates.
  3. Decline User’s request for registration in a system, or ban and delete User’s accounts in case of infringement of this terms, also without an explanation.
  4. Edit or delete the content published by the User on the Site, if it doesn’t comply with the terms of this Agreement, is harmful to the Site or to any third party, and at for its sole discretion for any reason.
  5. Use the materials published by the User on the Site in the public domain.
  6. Amend this Agreement unilaterally. User considered notified of the changed conditions of the Agreement with the publication of the amended version of this Agreement on the Site.
User’s rights under GDPR

Under the GDPR you have the following rights:

  1. To obtain access to, and copies of, the personal data that we hold about you;
  2. To require that we cease processing your personal data if the processing is causing you damage or distress;
  3. To require us not to send you marketing communications;
  4. To require us to erase your personal data, or to erase your personal data yourself;
  5. To require us to restrict our data processing activities regarding your data;
  6. To receive from us the personal data we hold about you which you have provided to us, in a reasonable format, including for the purpose of you transmitting that personal data to another data controller;
  7. To correct the personal data we hold about you if it is incorrect by yourself or to delete your data.

Please note that the above rights are not absolute, and we may be entitled to refuse requests where exceptions apply.

Data Protection Officer:

We have designated a Data Protection Officer («DPO»), who is responsible to monitor compliance with this privacy policy as well as the applicable Laws and liaise with the relevant authorities.

The DPO may be contacted directly with regards to all matters concerning this policy and the processing of your personal data including the enforcement of all applicable and available rights.

Official requests may be made electronically at: info@whalerecruitment.com

Prices, fees and billing:

The site is totally free of charge for seafarers.

The Employers can use Internet part of the site for publishing of the vacancies and search of candidate for employment also free of charge.

The Employers can purchase the software (Whale Software), specially designed for the HR departments and crewing companies on following conditions:

  1. Pre-payment – use of Whale Software to be prepaid at least for three months. (Administration can provide free trial period of maximum three months at the beginning of cooperation).
  2. Methods of payment – by bank transfer or by credit/debit card. In case of bank transfer payment Service Agreement to be concluded beforehand – contact Whale team on this matter. Whale Software currently accepts American Express, MasterCard, Discover and VISA credit/debit cards.
  3. Signed contract – if you entered into a signed contract for your services, such as an annual contract, please review your contract for specific terms relating to your obligations in addition this terms. In the event the terms of your signed contract conflict with these terms, the signed contract will prevail.
  4. All recurring subscriptions are automatically invoiced and charged to the credit/debit card on file.
  5. Payment receipts – are available in the Billing section, also - will be sent to your e-mail.
  6. Prices – full information about our current service fees you can find here
  7. Please note the level of fees depends on the number of users.
  8. Subscription billing is based on availability of service, not based on usage.
  9. Late Fee: Whale Software may assess a $30.00 late fee for any payment that is 15 days past due.
  10. Interest: Any charges not paid when due are subject to interest at a rate equal to the lesser of: (i) one and one-half percent (1.5%) per month; or (ii) the maximum interest rate allowed by applicable law.
  11. Whale Software fees are nonrefundable. In the event of cancellation, Whale Software will not prorate any portion of unused Service fees, and amounts due to Whale Software must be paid in full.
  12. Billing period – minimal billing period is three months. For long time purchase discounts are available – see updated information here. Invoices are generated and payments are collected at the beginning of each billing period. Customer billing periods typically begin on the day of the month in which the customer purchased the Whale Software. In the event of cancellation, customers will still have access to their applications through the end of their final billing period. Whale Software will not prorate any portion of unused subscription services. All subscription fees are nonrefundable.
  13. Deactivation – once a service is delinquent 60 days, it may be cancelled due to non-payment. Once cancelled, the customer will not be able to recover any files until the account is current. Customer’s data may be stored for up to 90 days post-cancellation; after 90 days, Customer’s data will no longer be available. In this event, the account record and delinquent balance will be submitted to a third-party collection service.
  14. Cancellation of service – A request to cancel a Whale Software service must be initiated either verbally through Whale Software representative or by sending e-mail to info@whalerecruitment.com In case of verbal initiation of cancellation, following formal confirmation by e-mail is compulsory – Whale team will send you proper message, which you have to confirm by reply. Absence of such reply will be considered as a wish to continue cooperation. Simply canceling the credit/debit card associated with Whale Software account does not cancel the account. Whale Software will continue to treat this as an open account and the billing cycle will continue, resulting in a past due account that may be turned over to a third party collection service. Cancellations will take effect on the last day of the billing period in which the cancellation was processed by the Whale team. Cancellation of an account does not dismiss outstanding invoices or nullify previously agreed charges, such as payments for Whale Software service fees, charged in installments or annual contract charges, portions of which may not yet have been invoiced when you cancelled. At the time of cancellation, any outstanding balance must be settled. All cancelled accounts with an outstanding balance may be turned over to a third-party collection service.