GENERAL TERMS AND CONDITIONS for berthing of vessels at Marina Agana

GENERAL PROVISIONS

Article 1

1.1. These General Terms and Conditions for berthing of vessels Agana Marina, at the address Dr. Franje Tuđmana 5, 21222 Marina (hereinafter: „the GENERAL TERMS AND CONDITIONS“) shall apply to Berthing Contracts concluded between the company Jahting Sport Agana d.o.o., Dr. Franje Tuđmana 5, 21222 Marina, VAT No.: 35407400534 (hereinafter: “JSA“) and the BERTH HOLDER identified in the Berthing Contract (hereinafter: „the BERTH HOLDER“) and shall make an integral part of the Berthing Contract, unless their application is expressly excluded in the written Berthing Contract.

1.2. These GENERAL TERMS AND CONDITIONS, as an integral part of each Berthing Contract, shall apply to relations between JSA and the BERTH HOLDER and to all the BERTH HOLDERS at Agana Marina, whether the vessel owners or users or their permitted assignees.

1.3. According to its Berthing Plan adopted by the Director, JSA shall allocate a berth to each particular vessel and shall send a special notice of allocation to the BERTH HOLDER, provided that JSA shall be authorised, in the context of managing Agana Marina, to move any vessel to another adequate berth subject to a special notice thereof to the BERTH HOLDER, in particular in case of emergency (a threat to safety of vessels and people at Agana Marina).

1.4. The BERTH HOLDER shall use the permanent berth solely for berthing of the vessel identified in the Berthing Contract and in case of a change of the vessel owner, the right to use the allocated berth shall not be automatically transferred to the new owner but the original Berthing Contract shall be terminated in accordance with termination clauses set forth therein.

1.5. The provisions of the preceding paragraphs of this Article shall not apply to any inherited vessel being the subject matter of the Berthing Contract, in which case the heir shall submit to JSA a copy of the relevant Decision on Inheritance and JSA may thereafter conclude a new Berthing Contract with the heir(s).

1.6. The legal relationship between JSA and the BERTH HOLDER under the Berthing Contract shall be deemed to be established upon the conclusion of the Berthing Contract, subject to duly submitted vessel documentation by the BERTH HOLDER as set out in Article 3 of these GENERAL TERMS AND CONDITIONS. Both Parties shall hand over the vessel keys to front office of Marina Agana with a written take-over record and the vessel shall be deemed to be taken over upon receipt of original documentation by the BERTH HOLDER, owner of the vessel or their permitted assignees and from the moment of such take over, JSA shall be released of any responsibility for the vessel, regardless of its location.

1.7. For business purposes JSA collects the personal data of berth users and the vessel data from the Contract for using the berth and is obliged to safeguard the data and respect the principles of privacy protection of its clients and business contacts pursuant to the regulations of the Implementation Act of the General Regulation on the Protection of Personal Data and the Regulation (EU)2016/679 of the European Parliament and of the Council on the protection of individual with regard to personal data processing and on the free movement of such data which put out of force the Directive 95/46/EC of the European Parliament and of the Council of 24 October 1995 (General directive on data protection), Official Journal of European Union, L119, May 6th 2016. (hereinafter: the Regulation).

1.8. These GENERAL TERMS AND CONDITIONS, Rulebook on Maintaining Order at the Nautical Tourism Port – Agana Marina dated 15.09.2003 and the Service Price List shall make an integral part of the Berthing Contract.

1.9. The General Privacy Policy enters into force on May 25, 2018, and is the integral part of the GENERAL TERMS AND CONDITIONS. By signing the Contract for using the berth, BERTH USERS accept the terms of the General Privacy Policy and agree that their personal data will be processed in accordance with the Regulation.

RESPONSIBILITIES OF JSA

Article 2

2.1. During the validity term of the Berthing Contract, JSA shall:

1. Take care of the vessel berthed at the Marina and control the vessel mooring lines 24 hours a day,
2. Provide parking places for at least 10% of the total number of berths at the Marina, without taking into account the berths for the vessels of chartering companies operating within the Marina area

2.2. Should it be reasonably required under special circumstances and in particular in case of a decision made by relevant authority to that effect or in case of rehabilitation works, JSA shall have the right to restrict the use of utility supplies (electricity, water etc.) and shall inform the BERTH HOLDER accordingly.

RESPONSIBILITIES OF THE BERTH HOLDER

Article 3

3.1. The responsibilities of the BERTH HOLDER or his/her permitted assignee(s) in their capacity of the vessel users, as well as of the crew and other persons on board of the vessel shall be as follows:

1. To present to JSA, upon Berthing Contract conclusion, the vessel registration, the vignette (for foreign vessels) and a valid insurance policy and to leave the same in the front office every time when leaving the vessel at Marina Agana.
2. For the vessels subject to the customs warehousing or temporary import procedures, to present the documents showing the date of entry of the vessel into the Republic of Croatia (either by sea or by land), not older than 18 months, or to inform JSA of intended exit from the Republic of Croatia and to fulfil their responsibilities under applicable Croatian customs regulations in due time.
3. EU residents shall at all times have on board reliable documents evidencing that customs duty (T2L) and/or VAT have been paid in one of the EU Member States or that the vessel concerned has the status of the Community goods.
4. The BERTH HOLDER shall comply with all provisions of the Berthing Contract and by signing the Berthing Contract the BERTH HOLDER shall acknowledge his/her agreement with all provisions set forth in these GENERAL TERMS AND CONDITIONS, the Rulebook on Maintaining Order at the Nautical Tourism Port – Agana Marina and the Berthing Contract. In case of non-compliance, JSA shall have the right to cancel the BERTH HOLDER’S right to use the berth concerned.
5. During the stay at Agana Marina, the BERTH HOLDER shall take due care of the vessel and its equipment and their maintenance and should the BERTH HOLDER fail to do so, JSA shall have the right to undertake any measures and actions within the limit of its competence in order to protect the property and prevent occurrence of any damages and to charge the BERTH HOLDER for all indispensable and reasonable costs of such measures and actions.
6. The BERTH HOLDER shall specify all movable equipment of the vessel in a separate inventory list and keep the same under lock and key in the interior of the vessel and any change of the equipment included in the inventory list shall reported to JSA asking for a corresponding change of the inventory list.
7. Upon leaving the vessel, the BERTH HOLDER shall deliver the keys to the front office of Marina Agana; otherwise, JSA shall not be responsible for any damage caused to the vessel.
8. The BERTH HOLDER shall comply with applicable laws and regulations governing the stay and navigation within the coastal sea borders of the Republic of Croatia.
9. The BERTH HOLDER shall inform JSA in advance of every departure, either by coming to the front office, or by e-mail sent to the official address of the front office, or by phone or via VHF channel 17.
10. Before leaving the vessel, the BERTH HOLDER shall always disconnect all electricity cables and water hose pipes from the supply points and in case of established non-compliance with this obligation, JSA may provide for their disconnection without prior notice to and approval of the BERTH HOLDER.
11. During the stay at Marina Agana, the BERTH HOLDER’s vessel shall be furnished with mandatory fire protection devices which will efficiently protect the vessel itself, provided that JSA reserves the right to require, at its own discretion, additional fire protection equipment should the risk assessment show that the existing protective devices would not be appropriate for efficient protection of the vessel against fire.
12. The BERTH HOLDER shall display on the vessel and maintain a clearly visible name and registration number of the vessel and should the BERTH HOLDER fail to comply with this requirement, JSA shall be authorised to apply the required marks at the expense of the BERTH HOLDER.
13. The BERTH HOLDER shall protect the vessel from adverse weather conditions with adequate equipment also including a quality tarpaulin and should any defects be observed on such equipment that might cause damage to the vessel, JSA shall have the right to remedy the same at the BERTH HOLDER’s expense without prior notice.
14. In particular, the BERTH HOLDER shall compensate any damage caused to other vessels, cars and equipment of third parties resulting from the BERTH HOLDER’s failure to comply with the requirements set out in these GENERAL TERMS AND CONDITIONS or in any way connected to them and such damage shall be compensated by both the BERTH HOLDER and the owner of the vessel, their respective permitted assignees, vessel crew and any third person deriving his/her right to use the vessel from the BERTH HOLDER’s right, which damage could occur as a consequence of inadequate maintenance of the vessel, mooring devices or equipment on board of the same.
15. In particular, the BERTH HOLDER shall fasten the vessel mooring lines professionally and properly and shall follow the line fastening and unbending instructions of the JSA staff. JSA reserves the right to make fast any not fastened or poorly fastened mooring lines at the expense of the BERTH HOLDER.
16. In particular, when using the travel lift service, the BERTH HOLDER shall warn JSA of the equipment on the immersed part of the vessel in order to avoid any damage, as well as provide information about the exact position of the sling grip on the vessel. JSA shall not be responsible for any damage during the use of the travel lift service resulting from incorrect information provided by the BERTH HOLDER.
17. The BERTH HOLDER shall also inform JSA about all other circumstances of relevance for the vessel and its stay at Marina Agana.

BERTHING CONTRACT TERM

Article 4

4.1. For any vessels berthed within the area of Marina Agana without a written Berthing Contract JSA shall be entitled to a daily berthing fee in accordance with the price list then in effect.

4.2. The annual Berthing Contract shall be concluded for a period not exceeding one year. Annual berth allows the BERTH USER to use the water/dry berth in the period of 1 January until 31 December of a single calendar year.

4.3. Semi-annual berth allows the BERTH USER to use the water/dry berth for 6 months, but no longer then after 31 December of the current calendar year.

4.4. Should the vessel depart from Marina Agana before the expiry of the Berthing Contract, the BERTH HOLDER shall not be entitled to berthing of another vessel based on the original Berthing Contract.

4.5. Should the BERTH HOLDER sell the vessel during the term of the Berthing Contract, JSA shall not be liable for return of the berthing fee already paid under the Berthing Contract.

PAYMENT OF BERTHING FEE

Article 5

5.1. The annual or semi-annual berthing fee shall be payable up front on a one-time basis, in accordance with the Berthing Contract.

5.2. Daily berthing fee shall be payable prior to the vessel’s departure.

5.3. Calculation of the berthing fee for the agreed period shall be based on the vessel data and JSA Price List then in effect. Marina Agana reserves the right to measure the length of the vessel.

5.4. The berthing fee from the Article 5 of this GENERAL TERMS AND CONDITIONS as well as any other charges payable for JSA services shall be paid in either of the following ways provided that JSA shall issue a corresponding R1 receipt as a proof of payment:

1. by bank transfer to the account opened with Raiffeisen Bank, Petrinjska 59, 10000 Zagreb, IBAN: HR9324840081104699762, SWIFT: RZBHHR2X, or
2. in cash or by a credit card at the front office of Agana Marina.

5.5. Should the BERTH HOLDER leave the allocated berth at Agana Marina vacant during a part of the agreed berthing period, the BERTH HOLDER shall not be entitled to a refund of the fee paid for the period in which the berth in Agana Marina was vacated.

ESSENTIAL ELEMENT OF THE BERTHING CONTRACT

Article 6

6.1. Should the BERTH HOLDER fail to pay the berthing fee, either at the front office of Agana Marina or by bank transfer to the commercial bank of JSA on or before its due date, default interest at statutory rate shall be applied on the overdue amount, accruing from the due date of the relevant invoice up to the actual date of payment.

6.2. Should as of the date of signature of the Berthing Contract the BERTH HOLDER leave the vessel in Agana Marina failing to pay the berthing fee referred to in Article 5 of these GENERAL TERMS AND CONDITIONS within seven days from the respective due date, which is an essential element of each Berthing Contract, the Berthing Contract shall be automatically terminated under the Law and in such a case, as well as in any other cases where the BERTH HOLDER or the owner of the vessel leaves or keeps the vessel in Agana Marina without appropriate legal basis (also including the expiry of the Berthing Contract), JSA shall be authorised to move the vessel from the berth in the sea to a dry berth at the BERTH HOLDER’s expense and as of that date JSA shall charge the BERTH HOLDER or the vessel owner, being in this case jointly and severally liable, for daily dry berthing fee in accordance with the service Price List then in effect, as well for any other indispensable costs, in particular the costs of lifting the vessel from the sea and its transport to the dry berth and the costs of using the vessel supporting structure and other equipment required for the stay of the vessel on the dry berth and for the first seven days of delay in respect of the payment of the fee payable for dry berthing, JSA shall apply the daily sea berthing fee and, in case of berthing on the land, JSA shall be authorised to charge upon the BERTH HOLDER or the vessel owner the daily dry berthing fee in accordance with the Price List then in effect as well as any other indispensable costs.

6.3. As of the Berthing Contract expiry date, when the same was concluded for a fixed period of time, and upon the lapse of the accounting period of berthing specified in the relevant invoice, JSA shall be released of any responsibility in respect to the vessel and its equipment and the risk and liability for of any damages occurring after the expiry date of the accounting period shall pass onto the BERTH HOLDER.

RIGHT OF RETENTION AND LIEN

Article 7

7.1. The Parties agree that JSA shall acquire the right of retention and the lien on the BERTH HOLDER’s vessel either as of the date of signing the Berthing Contract or the date of handing over the vessel to JSA for safekeeping, as a security for payment of out outstanding JSA’s claims under Article 5 of these GENERAL TERMS AND CONDITIONS as well as a security for any other JSA’s claims against the BERTH HOLDER or any third parties deriving their right to use the berth and the vessel from such rights of the BERTH HOLDER.

7.2. Should the BERTH HOLDER fail to settle its outstanding liabilities vis-à-vis JSA in accordance with the preceding paragraph of this Article upon the lapse of sixty days from the date of expiry or termination of the Berthing Contract, JSA shall be authorised to initiate legal enforcement proceedings in order to recover the full amount of its claims against the BERTH HOLDER.

MANDATORY DAMAGE LIABILITY INSURANCE

Article 8

8.1. The BERTH HOLDER shall take out a third party liability insurance policy covering any damages caused to other vessel as well as to JSA. The BERTH HOLDER shall deliver to the front office of Agana Marina a copy of the valid insurance policy as well as of any change thereof within three days from the date of such change.

8.2. The BERTH HOLDER shall be fully responsible for damages caused by his/her vessel or persons on board of the vessel to third parties and their property or to the property of JSA.

EXCLUSION OF LIABILITY

Article 9

9.1. JSA shall not be liable for damages and shall not assume any responsibility resulting from the following events:

1. damages to the vessel resulting from any malicious act or gross negligence on the part of the owner or user, crew or other persons on board of the vessel,
2. damages resulting from poor maintenance, worn out vessel or its equipment or their being in the state in disrepair,
3. damages resulting from a latent defect in the vessel,
4. damages caused by rodents,
5. consequential damages including loss of time, loss of profit, delayed or prevented use of annual leave, etc.,
6. damages to the equipment or loss of the equipment not included in the inventory list,
7. damages to or loss of the equipment included in the inventory list but not kept under lock and key in the interior of the vessel or resulting lost without any signs of forced entry and if the BERTH HOLDER has not reported such loss to the relevant police authority,
8. damages resulting from improperly installed or worn out power, gas or water supply systems on the vessel or shore-to-vessel connection,
9. damages resulting from the failure to comply with the provisions of these GENERAL TERMS AND CONDITIONS and the Rulebook on Maintaining Order at the Nautical Tourism Port – Agana Marina,
10. damages resulting from the failure to comply with applicable customs, port or other administrative regulations,
11. damages caused by frost,
12. loss of fenders, anchors, mooring and other lines, propeller, inflatable boat, auxiliary engines and other equipment made available by the owner to third parties allowing them to get access to such equipment without breaking-in, burglary or any other form of forced entry into the closed interior parts of the vessel,
13. damages to any instruments and devices on board of the vessel,
14. damages caused to the vessel by another vessel,
15. damages caused by act or omission of third parties and damages to which strict liability is applied under relevant legislation,
16. damages resulting from harmful emissions from the air or sea, or those resulting from natural processes or a third party act, failure to act or omission.

9.2. JSA shall also not be liable for compensation of damages in any other cases where the damage has been caused due to the reasons not attributable to JSA’s fault.

FORCE MAJEURE

Article 10

10.1. JSA shall not be held responsible in case of damage to the vessel or any part of the vessel caused by a Force Majeure. Force Majeure shall be deemed to include any extraordinary circumstances arising after the conclusion of the Berthing Contract and prior to the time limit for fulfilment of a particular obligation, which could not be avoided, foreseen or prevented by the Parties, such as storm, exceptional tidal wave, earthquake, fire, epidemics and other Acts of God, strike, acts of government authorities, civil commotion and similar events

10.2. JSA shall not be held responsible in case of a natural disaster and the resulting damages to the vessel or its equipment.

CONTRACT TERMINATION

Article 11

11.1. Apart from the termination by expiry of the term for which it has been concluded, the Berthing Contract may also be terminated by mutual consent of the Parties or by unilateral termination before the expiry of the agreed berthing period in the following cases:

1. if either Party fails to comply with or to meet the essential requirements set out in these GENERAL TERMS AND CONDITIONS, such as those relating to the right to use the berth and timely payment,
2. if the fulfilment of any essential requirements under these GENERAL TERMS AND CONDITIONS is prevented by a Force Majeure event continuing for one year from the date of its occurrence,
3. in case of loss (total destruction) of the berth due to a Force Majeure event or if JSA is prevented from performing its activity by decisions made by relevant authorities.

SPECIAL PROVISION

Article 12

12.1. By signing the present GENERAL TERMS AND CONDITIONS, the BERTH HOLDER acknowledges that he/she has been informed by JSA about the decision of the Government of the Republic of Croatia whereby the concession granted to the Agricultural Cooperative of Marina for operation of the special purpose port AGANA has been withdrawn.

12.2. By signing the Berthing Contract, the owner of the vessel or the BERTH HOLDER acknowledges that he/she is fully aware of the circumstances described in the preceding paragraph of this Article and accepts the risk thereby imposed and that, regardless of the agreed period of berthing, waives any claims against JSA due to premature termination of the berth use should competent government authorities proceed with taking possession of the port from JSA.

REPAIR AND MAINTENANCE SERVICE

Article 13

13.1. The maintenance and repair of the vessel may be arranged by the owner himself/herself.

13.2. Should he/she chose to have such works performed by an authorised servicing company, several such companies operating within Agana Marina are at the BERTH HOLDER’s disposal.

13.3. Should the BERTH HOLDER chose to have any other services provided by a service provider with whom JSA has not concluded a Service Agreement, such service provider shall report the engagement of its employees to the JSA’s captain of the Marine and during their work in Agana Marina shall be liable for payment of a lump sum to be determined in accordance with the JSA price list then in effect, for which JSA shall issue relevant invoice.

13.4. No third parties, whether legal or natural persons, shall be permitted to perform any works on whoever’s order within the area of Agana Marina without a written contract with JSA and JSA’s previous written approval

13.5. Any service provider shall report its intention to enter on board of the vessel at the front office of Agana Marina and produce its identification documents and the owner’s written approval for taking over the keys. In case of unauthorised boarding the vessel in Agana Marina, JSA staff shall be authorised to report the same to competent institutions.

CHARTERING COMPANIES

Article 14

14.1. Chartering companies having in place an annual Berthing Contract with JSA for their vessels shall pay the berthing fee increased by 10%.

14.2. Chartering companies having in place a Berthing Contract with JSA shall make necessary arrangements for safekeeping of the vessels as well as for interventions in case of emergency, natural disasters and similar events. JSA shall not be held responsible for loss of the equipment on or inside the vessel, for any damage to the same or for unauthorised boarding the vessel.

14.3. Chartering companies having in place a Berthing Contract with JSA shall undertake any actions as shall be necessary for the purpose of environmental protection and in this respect shall comply with provisions set out in the Rulebook on Maintaining Order at the Nautical Tourism Port – Agana Marina. JSA shall be irrevocably entitled to termination of the Berthing Contract based on established evidence of environmental pollution/contamination and violation of applicable environmental protection regulations and standards

FINAL PROVISIONS

Article 15

15.1. JSA reserves the right to change the provisions of these GENERAL TERMS AND CONDITIONS and any such changes shall take effect on the date of their posting on the JSA official website.

15.2. The Berthing Contract and the GENERAL TERMS AND CONDITIONS have been drawn-up in the Croatian language. In case of a conflict or discrepancy between the Croatian version of these GENERAL TERMS AND CONDITIONS and their translation to any other language, the Croatian version of the GENERAL TERMS AND CONDITIONS shall prevail. JSA assumes no responsibility for any discrepancies between the Croatian version of these GENERAL TERMS AND CONDITIONS and their translation in other languages as well as for any printing errors.

15.3. Both these GENERAL TERMS AND CONDITIONS and the Berthing Contract shall be governed by the Croatian law. The Parties shall endeavour to settle in good faith any disputes arising from and/or in connection with these GENERAL TERMS AND CONDITIONS and the Berthing Contract and should such settlement prove to be impossible the Parties agree the jurisdiction of the Court in Split.

15.4. These GENERAL TERMS AND CONDITIONS shall enter into force on 01.01.2023.

JSA - Jahting Sport Agana d.o.o.

Director

Sven Delić

­­­ ­

1. INTRODUCTION

General privacy policy defines the rules applied in the protection of all individuals' personal data which are obtained by JSA in the capacity of the processing manager in the course of its regular business.

JSA respects the privacy of individuals and takes care to protect their personal data. The collection and storage of data in the JSA data base complies with the Regulation (EU)2016/679 of the European Parliament and of the Council on the protection of individual with regard to personal data processing and on the free movement of such data which put out of force the Directive 95/46/EC of the European Parliament and of the Council of 24 October 1995 (General directive on data protection), Official Journal of European Union, L119, May 6th 2016. (hereinafter: the Regulation).

„Personal data“ are all the data relating to the individual whose identity has been established or can be established directly (e.g. by name) or indirectly (e.g. by phone number) as a physical person. Before delivering personal data, we suggest that you read carefully this document which describes the regulations and guidelines regarding the protection of the client's privacy. The personal data collected and processed by JSA are considered confidential information assets transferred to JSA by their owner. These data are accessed with special attention, and can be exclusivery used to the purpose for which they have been collected.

JSA is the company whose business is to offer services of nautical tourism in the Republic of Croatia. Personal data processing, except the data referring to employees and business contacts, mostly deals with the personal data of the clients - users of the services.

When processing personal data, JSA primarily protects the data in all its business processes. This policy is applied to the entire JSA system, to the processing of individuals' personal data, with which JSA comes into contact when conducting its registered business.

2. PRINCIPLES OF PERSONAL DATA PROCESSING

Personal data can be collected exclusively in compliance with legal regulations and ethical principles. Pursuant to Article 5 of the Regulation, the principles of personal data processing are as follows:

• Lawfulness, honesty, transparency

Processing is legitimate only if and to the extent that at least one of the following conditions are met:

1. The compliant has given consent for personal data processing,
2. Processing is essential for the performance of the contract,
3. Processing is necessary to comply with legal obligations,
4. Processing is necessary in order to protect the main interests of the compliant,
5. Processing is necessary for the performance of tasks of public interest,
6. Processing is necessary for the legitimate interests of JSA.

The principles of honesty and transparency require that the compliant is informed in a clear, simple and comprehensible way about the manner of data collection, usage and inspection and to what extent these data are processed.

• Limitation of purpose

The collection of personal data from an individual is limited exclusively to the purpose of fulfilment of the obligations arising from the contractual relationship, for the purpose of fulfilling the legal obligations or for the purposes for which the data are processed.

• Reduction of the amount of data

When collecting the data from individuals, it has to be ensured that the personal data is collected exclusively for the purpose of the individual processing. JSA collects and stores personal data only to the extent necessary for providing a specific service.

• Updating and accuracy

Processed personal data must be accurate and regularly updated.

• Storage restrictions

Keeping and storing personal data in a form that allows individuals to identify themselves is allowed only as much time as is required to meet the processing needs, in accordance with statutory obligations, internal acts and deadlines for data storage.

• Integrity and confidentiality

All processed data are protected from unauthorized and illegal processing, from accidental loss, destruction or damage.

• Reliability

When processing personal data JSA will adhere to all the above mentioned principles and if possible it will demonstrate its compliance with the principles.

3. PERSONAL DATA PROCESSING

Processing involves processing personal data from the following categories:

a) Employee personal data

Name and surname, national identification number (JMBG), personal identification number (OIB), date of birth, father's or mother's name, residence and address, contact information, place of birth, health insurance number, pension insurance number, pension insurance II number, type of employment (part time, full time, contract for services), position, qualifications, title, bank account number, years of service before employment, date of employment, the date and the reason for the termination of the previous employment, working hours, reason for employment termination.

b) Customer personal data

Name and surname, address, personal identification number(OIB), VAT identification number, date of birth, sex, contact information and other information that a client gives and wants to keep secret.

c) Personal data of business contacts

Name and surname, personal identification number (OIB), VAT identification number, date of birth, sex, contact information, information for publication of a Web site and the information that a business partner gives and wants to keep secret.

4. COMPLIANT'S RIGHTS

• Right to transparency

JSA is obliged to provide the compliants with all information regarding the JSA identity in a concise, clear, understandable and easily accessible form, for the purpose of processing and the legal basis thereof. JSA is obliged to notify the compliant about the actions undertaken on their request within one month of receipt of the request. If JSA fails to comply with the request, the compliant is entitled to receive information for the reasons of non-compliance and JSA must inform them about the possibility of filing a complaint with the Personal Data Protection Agency.

• Right to access

The compliant has the right to demand that JSA issue a certificate of processing purpose, and JSA is obliged to inform them about their right to potential correction and deletion of data.

• Right to correction

The compliant is entitled to the correction of the incorrect personal data issued by JSA.

• Right to erasure

The compliant is entitled to request the erasure in the following circumstances:

1. Personal data are no longer necessary for the purpose for which they were collected,
2. The compliant has withdrawn their consent,
3. The compliant files a complaint about processing, and JSA has not proved there was purpose to that processing,
4. The data have ben unlawfully processed,
5. The obligation of erasure specified by the law of EU or the Republic of Croatia
6. In case of direct or indirect online collection.

• Right to processing limitation

The compliant is entitled to request from JSA a limited processing if data accuracy is disputed, if the processing has been unlawful, but the compliant does not request erasion but limited use, if JSA does not need the data any longer, but the compliant needs them for legal proceedings and when the compliant files the complaint about processing and JSA has not proved there was purpose to processing.

• Right to data transfer

The compliant is entitled to have the data delivered by JSA in a machine-readable form (USB Flash Drive, CD, e-mail) if processing has been approved of or if it is conducted automatically.

• Right to complaint

The compliant has the right to complain about the data processed in public or legitimate interest. JSA is obliged to terminate further data processing unless it proves that there are justified reasons for the processing thereof.

• Right to opposing the decision based on the profile

If JSA decides to profile compliants by computer processing then compliants have the right to oppose this decision.

5. FINAL PROVISION

If the compliant considers that the processing of their personal data does not comply with the General Regulation on Data Protection, they have the right of appeal to the competent supervisory body. In the Republic of Croatia the competent body is The Agency for Protection of Personal Data,the address: Martićeva ulica 14, 10000 Zagreb, Hrvatska, web: http://azop.hr/, tel.: +385 1 4609 000.

All rights of the compliant prescribed by the provisions of Articles 12-24 of the Regulation can be sent in writing by mail to the JSA address or to the JSA official e-mail address.

This General Privacy Policy enters into force on May 25, 2018.

Jahting Sport Agana d.o.o., dr. Franje Tuđmana 5, 21222 Marina, OIB: 35407400534 (hereinafter : JSA) pursuant to Regulation (EU)2016/679 of the European Parliament and of the Coucil on the protection of individual with regard to personal data processing and on the free movement of such data which put out of force the Directive 95/46/EC of the European Parliament and of the Council of 24 October 1995 (General directive on data protection), Official Journal of European Union, L119, May 6th 2016. (hereinafter: the Regulation), of May 25th 2018, issues this

RULE BOOK ON THE PROTECTION OF PERSONAL DATA

Article 1

Pursuant to the Regulation JSA is obliged to monitor the collection, processing, usage and protection of all personal data.

Article 2

Pursuant to the Regulation, JSA is obliged to establish and keep record of the following personal data categories:

• Employee personal data,
• Buyer personal data,
• Business contact personal data.

The categories of personal data can be extended, amended and erased depending on the needs of the business.

Article 3

The personal data storage system mentioned in the previous Article of this Rule Book is stored at the JSA headquarters address: dr. Franje Tuđmana 5, 21222 Marina.

Article 4

Personal data may be collected only in accordance with legal regulations and ethical principles and are processed based on the following legal processing principles:

• If a compliant has given consent for personal data processing,
• If processing is necessary for executing a contract,
• If processing is necessary for complying with legal obligations,
• If processing is necessary to protect the main interests of the compliant,
• If processing is necessary to perform duties of public interest,
• If processing is necessary for the legitimate needs of JSA.

Article 5

Depending on the category of personal data, a processing manager processes personal data for a legally based purpose, and collects only the amount of personal data essential for fulfilling the personal data processing purpose.

The processing manager is obliged to erase the personal data which are being processed after the need for the purpose of data processing has ceased or the data must be periodically reviewed if, pursuant to valid regulations, there is a legal obligation of storing personal data permanently or temporarily.

Article 6

A processing manager is obliged to only process the personal data essential for a particular purpose of processing, namely the data relevant to the purpose.

Article 7

When processed, personal data have to be accurate and regularly updated.

Article 8

When processing personal data a processing manager guarantees their safety, protects them from unauthorized access, illegal processing, random loss, destruction or damage.

Article 9

The compliant will be notified of how the personal data relevant to him have been: collected, used, inspected and processed in other manners and to what extent they are or will be processed. Every piece of information and communication on the processing of personal data is easily accessible and comprehended by the compliant because the language used is simple and clear. The compliant is familiar with the identity of the processing manager and the purpose of the processing. The processing manager will inform the compliant with the risks, regulations, protection measures and rights related to the personal data processing and the way they can exercise their rights with regard to processing.

Article 10

This Rule Book serves as the general act of JSA, and General Privacy Policy is its integral part.

Article 11

The Rule Book may be amended and supplemented in the same way and according to the same procedure as it was adopted.

Article 12

The Rule Book enters into force on May 25, 2018, and is announced on the official notice bord and on the JSA website.

JSA – Jahting Sport Agana d.o.o.

Director
Sven Delić