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Privacy policy

1. This Privacy Policy sets out the rules for the processing of personal data obtained via the website www.headsyachting.com (hereinafter: the "Website").

2. The owner of the Website and at the same time the data administrator is Heads Yachting d.o.o. with its registered office in Split (21,000), Put Trścenice 6, entered into the Register of Entrepreneurs of the National Court Register kept by the Commercial Court for the city of Split, under the business entity identification number 5222729, with share capital of 20,000 HRK, VAT ID 31602332600, hereinafter referred to as HY.

3. Personal data collected by HY via the Website are processed in accordance with Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of individuals with regard to the processing of personal data and on the free movement of such data and repeal Directive 95/46 / EC (General Data Protection Regulation), also called GDPR.

4. HY makes special efforts to respect the privacy of Users visiting the Website.

§ 1 The type of data processed, purposes and legal basis

1. HY collects information about natural persons conducting business or professional activity on their own behalf, as well as natural persons representing legal persons or organizational units that are not legal persons, to whom the Act grants legal capacity, hereinafter collectively referred to as Users.

2. Users' personal data is collected in the case of:

  1. registering an account on the Website to create an individual account and manage this account. Legal basis: necessity to perform the contract for the provision of the Account service (Article 6 paragraph 1 letter b of the GDPR);
  2. placing an order on the Website to perform the contract. Legal basis: the necessity to perform the contract the subject of which is the provision of services (Article 6 paragraph 1 letter b of the GDPR);
  3. subscription to the newsletter (Newsletter), in order to perform a contract the subject of which is a service provided electronically. Legal basis - consent of the data subject to perform the contract for the provision of the Newsletter service (Article 6 (1) (a) of the GDPR);
  4. use the contact form service on the Website to perform the contract provided by electronic means. Legal basis: the necessity to perform the contract for the provision of the contact form service (Article 6 (1) (b) GDPR).

3. When registering an account on the Website, the User provides:

  1. email address;
  2. address details: a. postal code and town; b. street with house / flat number.
  3. name and surname;
  4. telephone number;

4. In the case of Entrepreneurs, the above range of data is further extended by:

  1. the Entrepreneur's company;
  2. tax identification number.

5. When registering an account on the Website, the User sets an individual password to access his account. The user may change the password at a later time, on the terms described in §5.

6. When placing an order on the Website, the User provides the following data:

  1. email address;
  2. address details: a. postal code and town; b. street with house / flat number.
  3. name and surname;
  4. telephone number.

7. In the case of Entrepreneurs, the above data range is further extended by:

  1. the Entrepreneur's company;
  2. tax identification number.
  3. a) email address;

8. When using the Newsletter service, the User provides only his e-mail address, optionally a contact telephone number.

9. When using the contact form service, the User provides the following data:

b) name and surname;

c) telephone number.

10. When using the Website, additional information may be downloaded, in particular: the IP address assigned to the User's computer or the external IP address of the Internet provider, domain name, type of browser, access time, type of operating system.

11. Navigation data may also be collected from Users, including information about links and links in which they decide to click or other activities undertaken on the Website. Legal basis - a legitimate interest (Article 6 paragraph 1 letter f of the GDPR), consisting in facilitating the use of electronic services and improving the functionality of these services.

12. In order to determine, assert and enforce claims, certain personal data provided by the User may be processed as part of using the Website's functionalities, such as: name, surname, data on the use of services, if the claims result from the manner in which the User uses the services , other data necessary to prove the existence of the claim, including the extent of the damage suffered. Legal basis - a legitimate interest (art.6 par.1 lit.f RODO), consisting in the determination, investigation and enforcement of claims as well as defense against claims in proceedings before courts and other state authorities.

13. Providing personal data to HY is voluntary, in connection with concluded sales contracts or providing services via the Website, with the proviso that failure to provide the data specified in the forms in the Registration process prevents Registration and creating a User Account, and in the case of placing an order without registering a User Account will prevent the submission and implementation of the User's order.

§ 2 Who is the data shared or entrusted to and how long is it stored ?

1. The User's personal data is transferred to service providers that HY uses when running the Website. Service providers to whom personal data are transferred, depending on contractual arrangements and circumstances, or are subject to HY's instructions as to the purposes and methods of processing such data (processors) or independently determine the purposes and methods of their processing (administrators).

  1. Processing entities. HY uses suppliers that process personal data only on the instruction of HY. These include providers of hosting services, accounting services, providing marketing systems, systems for analyzing website traffic, systems for analyzing the effectiveness of marketing campaigns;
  2. Administrators. HY uses suppliers who do not act only on instructions and set the purposes and ways of using Users' personal data themselves. They provide electronic and banking payment services.

2. Location. Service providers are based in Poland and other countries of the European Economic Area (EEA).

3. Users' personal data is stored:

  1. If the basis for the processing of personal data is consent, then the User's personal data are processed by HY until the consent is revoked, and after revoking the consent for a period of time corresponding to the limitation period of claims that HY may raise and which may be raised against him. Unless a special provision provides otherwise, the limitation period is six years, and for claims for periodic benefits and claims related to business activity - three years.
  2. If the basis for data processing is the performance of the contract, then the User's personal data are processed by HY as long as it is necessary to perform the contract, and after that time for the period corresponding to the period of limitation of claims. Unless a special provision provides otherwise, the limitation period is six years, and for claims for periodic benefits and claims related to business activity - three years.

4. Navigation data can be used to provide Users with better service, statistical data analysis and adapt the Website to Users' preferences, as well as to administer the Website.

5. In the event that the User subscribes to the newsletter (Newsletter) to his email address HY will send electronic messages containing commercial information about promotions and new offers available on the Website.

6. In the event of a request, HY discloses personal data to authorized state authorities, in particular organizational units of the Prosecutor's Office, the Police, the President of the Office for Personal Data Protection, the President of the Office for Competition and Consumer Protection or the President of the Office of Electronic Communications.

§ 3 Cookies mechanism, IP address

1. The website uses small files called cookies. They are saved by HY on the terminal equipment of the person visiting the Website, if the web browser allows it. A cookie usually contains the name of the domain from which it comes, its "expiration time" and an individual, randomly selected number identifying this file. Information collected using this type of files helps tailoring products offered by HY to the individual preferences and real needs of visitors to the Website. They also give the opportunity to compile general statistics of visits to the products presented on the Website.

2. HY uses two types of cookies:

  1. Session cookies: after the browser session ends or the computer is turned off, the                saved information is deleted from the device's memory. The mechanism of session cookies does not allow downloading any personal data or any confidential information from Users' computers.
  2. Permanent cookies: they are stored in the memory of the User's terminal device and remain there until they are deleted or expire. The mechanism of persistent cookies does not allow downloading any personal data or any confidential information from Users' computers.

3. HY uses its own cookies to:

  1. authenticating the User on the Website and ensuring the User's session on the Website (after logging in), thanks to which the User does not have to re-enter the login and password on each subpage of the Website;
  2. analysis and research and audience audit, and in particular to create anonymous statistics that help understand how Users use the Website's Website, which allows improving its structure and content.

4. HY uses external cookies to:

  1. presenting on the information pages of the Website, a map indicating the location of the HY office, using the maps.google.com website (external cookies administrator: Google Inc. based in the USA);
  2. presenting multimedia content on the Website pages that are downloaded from the external website www.vimeo.com (external cookie administrator: Vimeo, LLC. based in the USA);
  3. collecting general and anonymous static data via Google Analytics analytical tools (external cookie administrator: Google Inc. based in the USA);

4. The cookies mechanism is safe for computers of Website Users. In particular, it is not possible for viruses or other unwanted software or malware to enter Users' computers in this way. However, in their browsers, Users have the option of limiting or disabling cookies' access to computers. If you use this option, you will be able to use the Website, in addition to functions that, by their nature, require cookies.

5. Below we present how you can change the settings of popular web browsers in the use of cookies:

  1. Internet Explorer browser;
  2. Microsoft EDGE browser;
  3. Mozilla Firefox browser;
  4. Chrome browser;
  5. Safari browser;
  6. Opera browser.

7. HY may collect Users' IP addresses. The IP address is the number assigned to the computer of the person visiting the Website by the internet service provider. The IP number allows access to the Internet. In most cases, it is assigned to your computer dynamically, i.e. it changes every time you connect to the Internet. The IP address is used by HY in diagnosing technical problems with the server, creating statistical analyzes (e.g. determining from which regions we record the most visits), as information useful in administering and improving the Website, as well as for security purposes and possible identification incriminating server, unwanted automatic programs for viewing the content of the Website.

8. The Website contains links and references to other websites. HY is not responsible for the privacy policies applicable to them.

 

§ 4 Rights of data subjects

1.The right to withdraw consent - legal basis: art. 7 item 3 GDPR.

  1. The User has the right to withdraw any consent given by HY.
  2. Withdrawal of consent has effect from the moment of withdrawal of consent.
  3. Withdrawal of consent does not affect the processing carried out by HY in accordance with the law before its withdrawal.
  4. Withdrawal of consent does not entail any negative consequences for the User, however, it may prevent further use of services or functionalities which, according to HY law, it can only provide with consent.

2. The right to object to data processing - legal basis: art. 21 GDPR.

  1. The User has the right to object at any time - for reasons related to his special situation - to the processing of his personal data, including profiling, if HY processes his data based on a legitimate interest, e.g. marketing of HY products and services, conducting statistics on the use of individual Website functionalities and facilitating the use of the Website, as well as satisfaction surveys.
  2. Resignation in the form of an e-mail message from receiving marketing messages regarding products or services will mean the User's objection to the processing of his personal data, including profiling for these purposes.
  3. If the User's objection turns out to be well founded and HY has no other legal basis to process personal data, the User's personal data will be deleted, for which the User has objected.

3. The right to delete data ("the right to be forgotten") - legal basis: art. 17 GDPR.

  1. The User has the right to request the deletion of all or some personal data.
  2. The User has the right to request the deletion of personal data if: a. the personal data are no longer necessary for the purposes for which they were collected or for which they were processed; b. withdrew specific consent to the extent to which personal data were processed based on his consent; c. he objected to the use of his data for marketing purposes; d. personal data is processed unlawfully; e. personal data must be deleted to comply with a legal obligation under Union law or the law of the Member State to which HY is subject; f. personal data was collected in connection with offering information society services.
  3. Despite the request to delete personal data, in connection with an objection or withdrawal of consent, HY may retain certain personal data to the extent that processing is necessary to establish, assert or defend claims, as well as to comply with a legal obligation requiring processing on under Union or Member State law to which HY is subject. This applies in particular to personal data including: name, surname, e-mail address, which are stored for the purposes of examining complaints and claims related to the use of HY services, or additionally the address of residence / correspondence address, order number, which are kept for the purposes of considering complaints and claims related to concluded sales contracts or services.

4. The right to limit data processing - legal basis: art. 18 GDPR.

  1. The User has the right to request the restriction of the processing of his personal data. Submission of a request, pending its consideration, prevents the use of specific functionalities or services, the use of which will involve the processing of the data covered by the request. HY will also not send any messages, including marketing messages.
  2. The User has the right to request the restriction of the use of personal data in the following cases: a. when he questions the correctness of his personal data - then HY limits its use for the time needed to check the correctness of the data, but no longer than for 7 days; b. when the processing of data is unlawful, and instead of deleting the data, the User will request to limit their use; c. when personal data ceased to be necessary for the purposes for which they were collected or used but they are needed by the User in order to establish, assert or defend claims; d. when he objected to the use of his data - then the restriction occurs for the time needed to consider whether - due to a special situation - the protection of User's interests, rights and freedoms prevails over the interests that the Administrator carries out by processing the User's personal data.

5. Right of access to data - legal basis: art. 15 GDPR.

  1. The User has the right to obtain from the Administrator confirmation whether he is processing personal data, and if this is the case, the User has the right to: a. gain access to his personal data; b. obtain information about the purposes of processing, categories of personal data processed, about recipients or categories of recipients of such data, the planned period of storage of User's data or about the criteria for determining this period (when determining the planned period of data processing is not possible), about the User's rights The GDPR and the right to lodge a complaint to the supervisory authority, about the source of this data, about automated decision making, including profiling and about the safeguards used in connection with the transfer of these data outside the European Union; c. obtain a copy of your personal data.

6. The right to rectify data - legal basis: art. 16 GDPR.

  1. The User has the right to request the Administrator to immediately correct his personal data that is incorrect. Taking into account the purposes of processing, the data subject has the right to request supplementing incomplete personal data, including by submitting an additional statement, directing the request to the e-mail address in accordance with §6 Privacy Policy.

7. Right to data portability - legal basis: art. 20 GDPR.

  1. The User has the right to receive his personal data, which he provided to the Administrator, and then send it to another personal data administrator of his choice. The User also has the right to request that personal data be sent by the Administrator directly to such an administrator, if it is technically possible. In this case, the Administrator will send the User's personal data in the form of a csv file, which is a commonly used, machine-readable format that allows sending the received data to another personal data administrator.

8. In the event of the User having the right resulting from the above rights, HY fulfills the request or refuses to comply with it immediately, but not later than within a month after receiving it. However, if - due to the complex nature of the request or the number of requests - HY will not be able to fulfill the request within a month, it will meet them within the next two months informing the User within one month of receipt of the request - about the intended extension of the deadline and its reasons.

9. The User may submit to the Administrator complaints, queries and requests regarding the processing of his personal data and the exercise of his rights.

10. The User has the right to request HY to provide a copy of standard contractual clauses by sending an inquiry in the manner indicated in §6 of the Privacy Policy.

11. The User has the right to lodge a complaint to the President of the Office for Personal Data Protection regarding the violation of his rights to the protection of personal data or other rights granted under the GDPR.

§ 5 Security management – password

1. HY provides Users with a secure and encrypted connection when sending personal data and when logging into the User Account on the Website. HY uses an SSL certificate issued by one of the world's leading companies in the field of security and encryption of data transmitted via the Internet.

2. In the event that a User who has an account on the Website has lost the access password in any way, the Website shall generate a new password. HY does not send password reminders. The password is stored in an encrypted form in a way that makes it impossible to read. In order to generate a new password, enter the e-mail address in the form available under the "Forgot your password" link provided at the account login form on the Website. The User will receive an electronic message containing a redirection to the dedicated form provided on the Website to the e-mail address provided during registration or saved in the last change of account profile, where the User will be able to set a new password.

3. HY never sends any correspondence, including electronic correspondence, asking for login details, and in particular the password to access the User's account.

§ 6 Changes to the Privacy Policy

1. The Privacy Policy may change, about which HY will inform Users 7 days in advance.

2. Questions regarding the Privacy Policy should be directed to info@headsyachting.com

3. Date of last modification: 25.03.2020.

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