Terms and Conditions for Data Platform Approval

Updated 15 February 2024

1 Definitions

a) ‘Anniversary Date’ shall mean the date upon which a Certificate shall expire unless revalidated. This shall be a period specified in the Guidance Document.

b) ‘Applicant’ shall mean a company applying for data platform approval.

c) ‘Data Protection Legislation’ shall mean:
i) Any applicable law relating to the processing of personal data, as applicable to either Party or to the Services, including:
(1) The UK General Data Protection Regulation or the UK GDPR and the UK Data Protection Act 2018;
(2) Any laws which implement such laws;
(3) Any laws which replace, extend, re-enact, consolidate, or amend any of the laws stated in (1) and above;
(4) All Guidance, Codes of Practice and Codes of Conduct issued by any relevant Data Protection Supervisory Authority relating to such Data Protection Laws (whether legally binding or not).
ii) ‘GDPR’ shall mean the UK General Data Protection Regulation.
iii) ‘Protected Data’ shall mean Personal Data received from or on behalf of the Applicant or obtained in connection with the Scheme.
iv) ‘Sub-Processor’ shall mean any agent, sub-contractor or any other third-party engaged by IMCA, which will be processing protected data.

d) ‘Evidence Portfolio’ shall mean required documentation submitted by the Applicant as proof of compliance with the criteria established under this Scheme.

e) ‘Evidence Portfolio Review’ shall mean a review of the Evidence Portfolio which shall be undertaken by the IMCA Secretariat.

f) ‘Fee(s)’ shall mean the sums payable for services provided under the Scheme, as set out in Schedule 1 of these Terms and Conditions. Fees payable under this Scheme are non-refundable.

g) ‘Guidance Documents’ shall mean the current edition of the document IMCA C019 – Principles for data platforms for work and skills (digital logbooks) – which shall be periodically updated by IMCA and published on the IMCA website, plus IMCA G011 – Interim scheme for IMCA approval of data platforms.

h) ‘Data Platform Approval Certificate’ (the ‘Certificate’) shall mean the certificate issued on successful completion of the approval process, which includes completion of the membership application process for new applicants.

i) ‘Data Platform Approval Scheme’ (the ‘Scheme’) shall mean the initial application, assessment, approval, and ongoing revalidation as established by the International Marine Contractors Association (IMCA).

j) ‘Data Platform Assessment’ shall mean a review of the required documentation submitted in (d). This review shall be undertaken by the IMCA Secretariat.

2 Eligibility

Applicants for data platform approval must be current members of IMCA or must apply for membership together with their application for data platform approval.
Data platform approval is conditional on IMCA membership being maintained in accordance with the IMCA Bye-laws. In the event of resignation, suspension or expulsion from membership or non-payment of fees, data platform approval may be suspended or withdrawn.

3 Application Process

Applicants shall submit to IMCA an application form and supporting Evidence Portfolio as required by the requirements set out in the Guidance Documents. Such applications will specify the legal entity/ies operating the data platform. IMCA will respond with an invoice for the relevant fee(s) but no further action will be taken until payment in full has been received by IMCA.
Once payment of the required fees has been received by IMCA, the Data Platform Assessment will commence.
Once the assessment has been completed, a further invoice will be issued to the Applicant for any remaining costs associated with the assessment. No further action will be taken until payment in full has been received by IMCA.
Once the assessment has been completed and all relevant fees and expenses have been paid, the Applicant will be notified of the assessment outcome. If successful, including completion of the membership application procedure for new applications, the Applicant will be provided with a Data Platform Approval Certificate. If unsuccessful, the terms set out in sections 6) and 7) shall apply.

4 Data Platform Assessment Process

Once the application form and evidence portfolio has been submitted, the IMCA Secretariat will undertake a desktop audit. The desktop audit findings will be recorded, and the Applicant will be notified in writing of any non-conformances. Any material submitted to address the non-conformances must be sent to IMCA by the Applicant within a period not exceeding six weeks.
Following a satisfactory audit, the Applicant will receive a Letter of Accreditation signifying IMCA approval of the data platform for a period specified in the Guidance Document, subject to completion of the membership application process for new applicants.

5 Fees Payable

Payment in full of the required Fee, as set out in Schedule 1, shall be made in order to initiate a review of an Applicants’ Evidence Portfolio by the IMCA secretariat against the established criteria.
As set out in the Schedule of Fees, two review cycles of the Evidence Portfolio shall be included as part of the initial payment, which will enable any issues raised by the IMCA Secretariat to be addressed and clarified by the Applicant.
Any further review cycles required as a result of insufficient evidence being submitted, or failure to address questions raised during the review process, shall incur an additional fee as set out in Schedule 1.

6 Non-Approval of Data Platforms

Should the review of the Evidence Portfolio result in a data platform being considered as not having met the established criteria, that Applicant shall not be permitted to progress to the next stage of the process. For new applicants, this will also affect the membership application. In such an event, IMCA shall provide the Applicant with the reasons for that decision in writing. Unsuccessful applicants may not re-apply for a period of six months following receipt of notification.

7 Appeals

Applicants who have been unsuccessful and wish to appeal should do so in writing to IMCA at [email protected] within 30 days of the date of the letter advising them of the outcome. The point of appeal regarding data platform applications is the IMCA Board. Any subsequent decision by IMCA on this issue shall be final.
Appeals against a decision to revoke a Data Platform Approval Certificate should be submitted to IMCA within 30 days of revocation of the Certificate. Any subsequent decision by IMCA on this issue shall be final.

8 Extent of Approvals

Any approval shall be confirmed by the issuance of a Certificate confirming details of the approval.
Any approval is limited to those elements of the platform covered by the IMCA principles and submitted for assessment, and does not extend to other elements platforms, services or the provider company as a whole.
A list of current data platform approvals will be maintained on the IMCA website. This will be the authoritative record and the Certificate will guide individuals to verify current validity via the website in case of suspension or withdrawal of approval during the validity period shown on the Certificate.

9 Revalidation Process

Applicants shall be required to undergo a revalidation assessment as set out in the Guidance Documents.
Applicants wishing to obtain a revalidation of their Data Platform Approval Certificate shall submit the required Evidence Portfolio no later than two months prior to the expiry of their Certificate.
Should the revalidation criteria not be met, then the data platform approval shall be revoked. This may also lead to withdrawal of IMCA membership.

10 Lapsed Approval Certificates

Should a Data Platform Approval Certificate be permitted to lapse; it shall not be revalidated in accordance with the process set out in section 9).
An Applicant wishing to reinstate their accreditation having allowed their Certificate to lapse, shall be required to recommence the process as a new Applicant.

11 Non-Compliance

Based on feedback to IMCA, IMCA reserves the right to audit IMCA Approved Data Platforms. IMCA reserves the right to revoke any approval on the basis of the outcome of any such audit. This would also affect membership status.
Providers of data platforms accredited in accordance with this Scheme shall comply with IMCA’s ‘Bye-laws’ and its’ ‘Code of Conduct’ as published on the IMCA website. IMCA reserves the right to revoke any accreditation on the basis of non-compliance with this Code.

12 Liability

Any data platform provider whose platform is approved by IMCA is solely responsible for the safe, lawful, and proper conduct of their operations.
Approval of any data platform by IMCA does not constitute a representation, warranty or guarantee by IMCA that the platform provider will perform their operations consistently with IMCA’s Bye-laws, codes of practice, guidelines, information notes and other materials.
Any liability which IMCA may have to any data platform in relation to the Scheme shall not exceed the total of the fees paid by, or on behalf of, them as set out in Schedule 1 below. If no fees have been paid by, or on behalf of, the data platform provider, IMCA’s liability shall not exceed GBP 10.

13 Law and Jurisdiction

These terms and conditions, and any non-contractual obligations arising from or in connection with them, shall in all respects be governed by and interpreted in accordance with English law.

Schedule 1 – Schedule of Fees

New Platform Audit Fee – New membership applicants and existing members applying for new approval of a data platform must pay £1,000 for the audit (in addition to membership fees).

Variation Fee – Any changes to the data requiring assessment/audit by IMCA will incur a fee of £500.

Revalidation Fee – The fee for maintaining approval (as set out in section 9) is £1000.

Please note – it is currently anticipated that a full approval scheme may be in place by the time such revalidations become due. This would lead to changes in the assessment and revalidation processes and fees.