This User Agreement regulates relations between MarineNotes OÜ (www.marinenotes.com) and user of www.marinenotes.com web resource (hereinafter the “User”) emerging from the use of www.marinenotes.com under the conditions specified in the User Agreement. Commission of acts aimed at the use of www.marinenotes.com, including searching, surfing, registration on the Website or sending messages via the contact form on www.marinenotes.com means full and unconditional acceptance of this Agreement by the User.
This User Agreement can be modified by MarineNotes OÜ at any time without any special notification to the User. The new version of the User Agreement shall become effective on the date of its publishing on www.marinenotes.com unless expressly stated otherwise. The User shall be responsible for the regular familiarization with the current version of the User Agreement. The use of www.marinenotes.com since the entry into force of a new version of the User Agreement means its acceptance by the User and, therefore, the provisions of the new version can be fully applied to him.
1. Terms and Definitions
For the purpose of this User Agreement the terms listed below have the following meanings:
Web services are functional capabilities, utilities, and tools available for the Users on www.marinenotes.com.
Mobile application is software for portable (mobile) devices installed or downloaded by the User on such devices using various software platforms, designed to access www.marinenotes.com .
Service is any commodity, product, proposal for cooperation or another offer, in respect of which the User places an ad on www.marinenotes.com.
Advertisement is an informational message containing a Service offer (including contact information (phone, web page), photographs and any related information) posted by the User on www.marinenotes.com addressed to any number of unspecified persons. Seller is a user placing an ad on www.marinenotes.com containing proposal to make a deal in respect of the Service.
Buyer is a user viewing advertisements placed by the Seller, who interacts with the Seller in respect of the Service.
Credentials constitute a unique login (e-mail address) and password created independently by the User in the process of Registration on the Website or modified later through the User Account or through other methods indicated by www.marinenotes.com, used to access the User Account after the User logs in at www.marinenotes.com. User Account is a profile of the User on www.marinenotes.com associated with the User credentials, enabling the User to manage certain Web services on www.marinenotes.com, including service ordering, connecting/disconnecting on the terms stipulated by www.marinenotes.
Registration is a set of actions (including providing Credentials and other information) carried out by the User as instructed by www.marinenotes.com and through a special form of the www.marinenotes.com user interface in order to establish the User Account and access certain Web services on www.marinenotes.com.
Information represents any material and data provided by the User in connection with the use of www.marinenotes.com.
2. General Provisions. Access to Web services
2.1. Under the terms of this User Agreement, MarineNotes OÜ shall offer the User to benefit from the Web services available on www.marinenotes.com, including placing, searching and viewing Advertisements and other Services provided on the Website. Additional terms, rules or restrictions may be established with respect to the use of certain Web services. MarineNotes OÜ has the right at any time to revise or change the terms for delivering Web services, as well as to supplement, modify, restrict, and expand the functionalities of the Website and/or Web services, including the conditions for the User's access to the Web services or selected functional capabilities of the Website.
2.2. Web services shall be provided to the User free of charge or for a fixed fee, unless expressly stated otherwise.
2.3. Providing selected Web services may be governed by special rules and/or agreements forming an integral part of this User Agreement, including the Terms and Conditions of Ad Placement, other provisions and regulations or individual agreements drawn up in writing and signed by MarineNotes OÜ and the User. In case of controversy or discrepancy between the text of this User Agreement and special rules and/or agreements, the latter shall prevail.
2.4. The www.marinenotes.com website is a platform allowing the Sellers independently and at their own risk to place their proposals for making a deal regarding a Service in respect of which the Seller is competent to make offers addressed to any number of unspecified persons and the Buyers at their own discretion and on their own responsibility to accept proposals placed by the Sellers on the Website, concluding an appropriate deal with the Seller.
MarineNotes OÜ is not a deal organizer, Buyer, Seller, intermediary, agent or representative of any User and/or another interested person in respect of a deal offered or made between the Users. All deals made between the Users through the ad placement on the Website are settled and carried out without the direct or indirect participation of MarineNotes OÜ.
2.5. Irrespective of whether the User is registered or authorized on the Website, the use of the Website, including viewing published information, means the acceptance of this User Agreement by the User and assumption of obligations to comply with the instructions on the Service use, as well as taking responsibility for the acts related to the use of the Website.
2.6. By accessing www.marinenotes.com and thus concluding this User Agreement, the User shall warrant that he possesses all the rights and powers required for the conclusion and execution of the User Agreement, including that he is a full-aged and legally capable person, a company representative entitled to sign and acting under a power of attorney issued by the company's top executives or other legal representatives for the conclusion of the User Agreement. MarineNotes OÜ has the right at any time to request from the User the information and documents confirming the rights and powers indicated above.
2.7. Web services provided on www.marinenotes.com can be modified, amended and updated, as well as the form and nature of functional capabilities can be changed at any time without prior notice to the User, therefore, their use is offered on an “as is” basis, i.e. in that form and scope as the Web services are provided by MarineNotes OÜ when the User addresses them. If necessary, MarineNotes OÜ has the right, at its sole discretion, to terminate (temporarily or permanently) the provision of the Web services (or any selected functions within the frames of the Web services) to all Users in general or an individual User in particular without prior notice.
3. Registration on the Website
3.1. The User has the right to place information, as well as to use the selected Web services after registration on www.marinenotes.com.
3.2. The Credentials shall be stated during registration. After entering the Credentials, the User shall receive an e-mail confirming the successful account registration. Registration of an account is made once for a single e-mail address of the User. The re-registration of a new account on the Website using an e-mail address that was previously specified at the Registration is not allowed. The User can modify the Credentials using his/her User Account on the Website or, where appropriate, through other means indicated by www.marinenotes.com.
3.3. The User shall be responsible for the safety of his/her Credentials and not disclose them to the third parties. The User has no right to transfer his/her Credentials to the third parties, as well as directly or indirectly allow the third parties to use his/her Credentials for the authorization on www.marinenotes.com, except persons acting on behalf of and for the User or having received such Credentials on the basis of the relevant agreements with the User.
3.4. Any action committed via the User Account by means of the User’s Credentials and his/her phone number indicated in the User Account, is considered to be made by the User himself/herself or by his/her authorized person and sets out obligations and responsibilities for the User regarding such actions, including liability for the violation of this User Agreement, legal requirements in respect of goods, details of which are placed by the User at www.marinenotes.com.
3.5. The User is obliged to immediately change his/her Credentials, if he/she has reasonable grounds for suspecting that these data are disclosed and may be used by unauthorized third parties or at the request of MarineNotes OÜ.
3.6. MarineNotes OÜ has the right to use affordable technical solutions to verify the correctness of the information provided by the User when using www.marinenotes.com. MarineNotes OÜ cannot guarantee that the User is exactly who he/she appears to be, as well as the information provided by the User on www.marinenotes.com is true. MarineNotes OÜ advices Website Users to interact with possible contractors, Sellers and Buyers, using all the tools available on www.marinenotes.com for this purpose and be careful when making deals and selecting Sellers.
3.7. MarineNotes OÜ has the right to block the access of the User to his/her User Account with the simultaneous termination of placement and display of his/her Advertisements or without doing so. MarineNotes OÜ is entitled at any time to terminate and/or limit the User's access to the Web services, as well as to block or delete the User Account from the Website beyond recovery.
3.8. Viewing Ads and other information posted publicly on www.marinenotes.com does not require the registration and/or authorization of the User, however in committing such actions the User is in any case obliged to comply with the provisions of the User Agreement.
4. Information provided by the User
4.1. Using www.marinenotes.com the User undertakes to provide only the trustworthy Information and bears responsibility for the data provided by him/her. The User is obliged to update the Information in a timely manner by editing it on www.marinenotes.com. MarineNotes OÜ has the right to request and upon such request the User must to provide information and documents needed to identify the User as a party to the User Agreement and/or a party using this Web service, as well as documents confirming the authenticity of the Information provided and the legitimacy of the use/offer of Goods and/or relation of the User with the Goods specified in the Advertisement.
4.2. In using the Web services at www.marinenotes.com (including the process of registration, interaction with other Users through www.marinenotes.com, placement of advertisements, surfing on www.marinenotes.com and so on), the User independently and voluntarily shall decide whether to grant his/her personal and other information to MarineNotes OÜ or post it publicly (last name, first name, patronymic or nickname, e-mail address, phone number, as well as any other information provided by the User, including data contained in the messages sent to other Users through the contact form on www.marinenotes.com, information on the User's actions on www.marinenotes.com, etc.) for the execution of this User Agreement, and hereby declares his/her consent to the processing of his/her personal or other data by MarineNotes OÜ, its affiliates or third parties acting on behalf of MarineNotes OÜ, including for the following purposes: providing advisory support to the Users in connection with the use of the Website; check of ads for consistency with the User Agreement; delivery of messages to other Users; collection of statistical and analytical data to improve the functionality of www.marinenotes.com and/or Web services, MarineNotes OÜ; expanding the range of Web services provided; receipt of information and/or advertising messages from MarineNotes OÜ or third parties; prevention or suppression of illegal and/or unauthorized actions of Users or third parties; ensuring compliance with the requirements of the existing European Union legislation. MarineNotes OÜ shall take all necessary measures to protect the User's personal data from unauthorized access of third parties.
4.3. All information (irrespective of whether such information is classified by the European Union legislation as personal or other data subject to protection in accordance with the European Union legislation or not) posted by the User on www.marinenotes.com is placed by him/her for the sale of his/her property and/or services and/or for other benefit of the User and, accordingly, the User places any information about himself/herself exclusively for his/her own benefit, including for the facilitation of the linkage establishment with the User.
Placing Advertisements on www.marinenotes.com the User makes Information provided in an Advertisement publicly available and understands that this information is publicly posted on www.marinenotes.com, that is accessible for inspection to any visitor of www.marinenotes.com (to unlimited number of persons) in all the countries of the world wherever Internet facilities and access to the website are available, consequently, the User shall understand and bear all risks associated with such placement of information, including, but not limited to the risk of e-mail addresses getting to the spam mailing lists, the risk of e-mail addresses getting to various types of fraudsters, the risk of telephone number getting to SMS spammers and/or SMS fraudsters and other risks arising from such posting of information.
4.4. MarineNotes OÜ shall not be obliged to perform the preliminary check of any type of Information placed and/or distributed by the User via www.marinenotes.com. MarineNotes OÜ shall have the right at its discretion to refuse posting and/or distributing any Information to the User or to delete any Information that is published by the User on www.marinenotes.com. The User shall recognize and agree that he/she must independently estimate all risks associated with the placement and distribution of any Information, including the assessment of reliability, completeness or utility thereof.
4.5. MarineNotes OÜ shall not provide consultations on issues not related to www.marinenotes.com requiring professional evaluation and/or lying outside the competence of MarineNotes OÜ.
4.6. The User’s appeal to MarineNotes OÜ on issues related to the use of www.marinenotes.com shall be considered according to the procedure provided by the Website. The interaction of MarineNotes OÜ with the User within the frames of consideration of the User's appeal shall be carried out using an e-mail address specified by the User.
4.7. MarineNotes OÜ is entitled not to consider the User’s appeals containing information and documents necessary for the consideration of an appeal; containing false information and (or) documents that do not have evidence of credibility; in respect of issues on which MarineNotes OÜ sent a response to the User earlier (repeated appeals); containing insults and threats or appeals set out in a sharp negative form; sent with violation of other terms and procedures for the consideration of appeals provided by MarineNotes OÜ.
5. User Obligations
5.1. The User shall undertake to act solely in accordance with the applicable laws and the User Agreement of www.marinenotes.com, as well as to bear full responsibility for his/her own actions and omissions on www.marinenotes.com and when using the Web services in accordance with the European Union legislation.
5.2. The Web services accessible to the User on www.marinenotes.com may be used only for the purposes for which they are intended by MarineNotes OÜ. It is prohibited for the User to misuse the Web services, as well as any information received on the Website.
By the sole decision of MarineNotes OÜ blocking of Advertisements and/or User Accounts on the Website may be temporary or permanent, depending on volume and number of violations of this User Agreement and other rules for the Website use set by MarineNotes OÜ. In the event that the User corrects the committed violations, MarineNotes OÜ shall have the right to restore the previously blocked Ads or the User's access to his/her account on the Website.
5.3. The User shall undertake not to use automatic and other programs for access to www.marinenotes.com without the written permission of MarineNotes OÜ. As well as any materials or information (including Advertisements, Product descriptions, photos, etc.) cannot be used, distributed, copied and/or retrieved from www.marinenotes.com manually or automatically (using software) without the permission of MarineNotes OÜ.
5.4. The use of software allowing to view or place Ads on www.marinenotes.com bypassing the regular order of placing Ads (for example, the use of programs for automatic loading of Ads) is strictly prohibited without the written permission of MarineNotes OÜ and may lead to the termination and/or suspension of placing Ads, blocking access to the User Account and/or to www.marinenotes.com.
5.5. The User shall also undertake:
not to take any actions, which may lead to the overload of www.marinenotes.com;
not to copy, reproduce, modify, distribute or submit to the public any information contained on www.marinenotes.com (except the Information provided by the User) without the prior written permission of MarineNotes OÜ and any third party;
not to hamper the activity of www.marinenotes.com and operation of automated systems or processes, in order to block or limit access to www.marinenotes.com.
5.6. To suppress or prevent violations of this User Agreement and/or damage to MarineNotes OÜ (for example, DDoS attacks or other cyberattacks, unauthorized use of software belonged to MarineNotes OÜ), MarineNotes OÜ shall have the right to limit the access of Users or third parties to www.marinenotes.com by blocking access to www.marinenotes.com corresponding IP-address or range of IP-addresses.
5.7. For the purpose of accessing to certain Web services on www.marinenotes.com the User can make use of unique identifiers (sets of symbols) provided to them for the User, User Account, Advertisement, Service, etc.
5.8. By accessing www.marinenotes.com the User shall express his/her consent to receive advertising information posted on www.marinenotes.com by the third parties. The User shall understand and agree that www.marinenotes.com does not define the content and is not liable for such information, including websites, to which links may be contained in the relevant materials.
5.9. The User of www.marinenotes.com shall be obliged not to use any Information provided by another User without the written permission of that person who posted such Information, or without affirming the right to use such Information in any other way. All Information obtained by the User about other Users in connection with the use of www.marinenotes.com can be used only for the making and settlement of deals in respect of the Services. Therefore, the User is prohibited from using the e-mail address, phone number and/or special Seller contact form on the Website for the purpose of direct advertisement mailing or other spamming, as well as for other unlawful acts or acts committed without the knowledge and/or consent of the other party.
To facilitate interaction between the Users, the Web services shall imply limited access to some contact information of other Users. The right to use the Information provided by other Users is limited to this User Agreement.
5.10. If one User has claims against another User in connection with the use of Web services and/or advertisements posted by the latter, that User shall be obliged to bring such claims against the right person (the Seller) and settle these claims independently and without further intervention of MarineNotes OÜ.
5.11. The User shall understand and accept that MarineNotes OÜ does not always check the information published on www.marinenotes.com by its Users. Some data contained in Advertisements may seem offensive, dangerous, incorrect or misleading. MarineNotes OÜ advices the Users to be careful and rely on common sense when using the information provided on www.marinenotes.com. The User must take into account that his contractor can impersonate, be under age, place distorted information, etc. The use of Web services implies that the User understands and accepts these risks, as well as agrees that MarineNotes OÜ shall not be liable for acts or omissions by other Users.
5.12. The User shall undertake to be careful when selecting a contractor. He/she shall take a decision on making a deal under his/her own responsibility, proceeding from the fact of placing an Advertisement on www.marinenotes.com, independently making sure that the offer, sale and/or purchase of any Product in an Ad on www.marinenotes.com is valid and legal.
6. Exchange of Information When Using the Website
6.1. The messages of MarineNotes OÜ to the Users shall be publicly published on www.marinenotes.com and/or sent individually to e-mail addresses provided by the Users when registering or placing Ads on the Website. In addition to the above, the User shall understand, accept and agree that such messages and/or parts thereof may have promotional nature, as well as contain advertising, informational and other communications of the contractors of MarineNotes OÜ. The messages published on www.marinenotes.com shall be considered delivered to the User since their publication.
MarineNotes OÜ may send the Users transactional and service messages related to their actions committed on the Website.
6.2. The User messages to MarineNotes OÜ shall be sent by methods offered on www.marinenotes.com including by using the contact form on the Website.
6.3. The User messages to the Seller may be sent through the special Seller contact form. The User shall understand and agree that the correspondence with other Website Users through this special contact form is not private. MarineNotes OÜ shall be entitled at any time to view messages sent through this special contact form.
MarineNotes OÜ cannot guarantee that the message sent to the Seller will be replied, as well as the delivery of such message to the Seller.
6.4. By accessing www.marinenotes.com the User shall agree that MarineNotes OÜ and the administrator of the Website, on which Ads may be published, can send messages to the User, such as e-mails, voice messages or SMS to an e-mail address or phone number specified by him/her on www.marinenotes.com, respectively, and including but not limited to User messages regarding Goods and/or Ads, among them proposals for making deals from other Users, offers and messages of informational and/or advertising nature from MarineNotes OÜ or its partners, as well as disclose e-mail addresses and phone numbers to the third parties for the purpose of sending such messages.
7. Warranty and Liabilities
7.1. The User shall be liable for the actions committed on the Website pursuant to the current European Union legislation, including responsibility for the content of the Information placed by him/her and violation of the rights of third parties regarding the Services and/or Information posted on the Website.
7.2. The User shall bear responsibility for the deals offered regarding the Services and made in connection with them, as well as for selecting contractors for a deal and consequences ensuing from it. All deals regarding the Services shall be made directly between the Users. MarineNotes OÜ is not a participant and/or a broker of the deal made by Users based on information obtained on www.marinenotes.com. MarineNotes OÜ does not control and is not liable for such deals.
7.3. www.marinenotes.com is a tool that offers an opportunity for the Users to post Ads regarding the Services, the sale and/or purchase of which are permitted by law and the User Agreement. At the same time, MarineNotes OÜ does not always check Ads posted by the Users. Therefore, the quality, safety, legality and conformity of a Service to its description, as well as the Seller's selling power and/or the Buyer’s purchasing power the Service are beyond the control of MarineNotes OÜ. In this connection, MarineNotes OÜ shall not be liable for the content of Information provided by the Users, including the contents of Ads, the use of trademarks and logos of the third parties by the User and the terms of the Seller's offer.
7.4 MarineNotes OÜ shall not be liable for the loss of information by the User, as well as for misrepresentation of information or loss of messages received via the contact form on the Website.
7.5. Considering the principles of constructing and functioning of the Internet, the Web services are provided “as is”, which means that MarineNotes OÜ does not provide any guarantees regarding the Web services, in particular, MarineNotes OÜ does not guarantee to the User that:
the Web services, their direct or indirect effect and quality will meet the requirements and be consistent with the objectives of the User;
the Web services will be provided in the continuous, reliable and error-free manner;
the results to be obtained through the use of the Web services will be accurate, reliable and meet the expectations of the User.
7.6. The User shall agree that MarineNotes OÜ is not liable for possible losses caused to the User in responding to violations on www.marinenotes.com related to restricting/blocking access of the Users to the Site, as well as to IP-addresses according to paragraph 5.6 of this User Agreement.
7.7. The User shall accept and agree that the opportunity offered by MarineNotes OÜ to send a message to the User through a contact form on the Website can be used by any third parties for purposes other than making a deal with the User free from any influence and control by MarineNotes OÜ. In this regard, MarineNotes OÜ shall not be liable for the use of contact form provided on www.marinenotes.com by other Users and/or automated systems (robots), as well as for the use of phone numbers stated by the User on www.marinenotes.com.
7.8. When the Buyers use the Seller contact form on the Website, MarineNotes OÜ cannot guarantee the delivery of such a message of the Buyer and the correctness of an e-mail address stated by the Seller himself/herself.
7.9. MarineNotes OÜ shall not be liable for the non-fulfillment or difficulties in fulfillment of obligations due to force majeure, the consequences of which cannot be avoided or overcome.
7.10. MarineNotes OÜ has no connection with any Information provided by the User, including the contents of Ads provided and/or posted by the Users on www.marinenotes.com and shall not be obligated to verify the content, authenticity and safety of such Information or its components, as well as its compliance with the requirements of the current legislation and the availability of necessary scope of rights of the User to impart and/or use this Information.
7.11. The information placed by the Users may contain links to other websites (third-party sites). The said third parties and the content of their websites, as well as any information of third parties, shall not be checked by MarineNotes OÜ for compliance with any requirements (credibility, completeness, legality, etc.). MarineNotes OÜ shall not be liable for any information and materials published on the third-party sites, to which the user gets access in connection with the use of www.marinenotes.com, as well as for the accessibility of such sites or information, and the consequences of their use by the User.
8. Intellectual rights
8.1. MarineNotes OÜ is the holder of exclusive rights to www.marinenotes.com and Mobile applications, including but not limited to the domain name, logo posted on the Website, www.marinenotes.com trademark, database, and all technical developments allowing to use the Website. The User or another person shall not be entitled to use www.marinenotes.com, Mobile applications or Web services in a way that is not stipulated by this User Agreement without the written permission of MarineNotes OÜ, including extracting Information in any form by methods not provided for in the User Agreement. Exclusive rights to the results of intellectual activity included in the Information provided by the Users belong to the respective Users and rights holders.
8.2. For the purpose of fulfilling this User Agreement, conducting contests, actions, announcing and informing the Users and other similar events, exercising the legal rights and interests of MarineNotes OÜ and ensuring the operation of www.marinenotes.com, the User shall provide MarineNotes OÜ with a throughout perpetual right to use the Information (including photographs, texts of Service descriptions, trademarks, logos, etc.) in any way on all known or unknown information carriers during the entire duration of exclusive rights, as well as to transfer such rights to the third parties. The User shall authorize the anonymous use of materials as part of the Information, and also guarantee that the Information provided does not violate any rights of the third parties, including exclusive rights.
9. Duration of User Agreement
9.1. This User Agreement shall enter into force since the User starts using the Web services on www.marinenotes.com irrespective of the fact of the User's registration or placing an Advertisement on www.marinenotes.com, and remain in force without limit of time.
9.2. The User has the right to terminate access to his/her User Account without any possibility to restore it. In such a case, the User shall not be entitled to re-register, including the use of an e-mail address previously specified by the User on www.marinenotes.com as part of his/her Credentials.
10. Transfer of Rights
10.1. MarineNotes OÜ shall be entitled and the User hereby shall declare his/her consent to this, to transfer the rights and/or obligations under this User Agreement, both in whole and in part, to a third party.
10.2. In the event of the total or partial transfer of rights under this User Agreement to a third party, the latter shall be entitled to provide the same or similar services on another website.
11. Disputes and Current Legislation
11.1. In the settlement of all disputes under this User Agreement, the existing European Union legislation shall be applied.
11.2. Because of the gratuitous use of the Web services provided to the User under this User Agreement, the provisions of the consumer protection law should not be applicable to the relationship between the User and MarineNotes OÜ
11.3. All disputes which may arise within the framework of this Agreement shall be referred to the court according to the territorial jurisdiction at the location of MarineNotes OÜ (Tallinn).
11.4. The invalidation of separate parts of this User Agreement does not override the other provisions of this User Agreement.
12. Nondisclosure Agreement
Your privacy is a very important aspect of the operation of MarineNotes OÜ. This Nondisclosure Agreement contains information about what user info can be obtained during his session on www.marinenotes.com and how it is used.
Obtaining Personal Information
MarineNotes OÜ collects and uses the following personal information:
Data on how you use www.marinenotes.com.
Data on all operations in which you participate on this Website.
Information you enter when registering on the Website.
Information you transfer in order to use our Services.
Any other information you submit on www.marinenotes.com.
Use of Personal Information
MarineNotes OÜ may use your personal information for the following purposes:
To support the operation of the Website.
To publish information about you on the Website.
To provide you with the services you pay for.
To send you extracts and bills for services.
To perform payment transactions.
To conduct marketing communications.
When necessary, MarineNotes OÜ shall disclose your personal information to its agents or other intermediaries who will be obliged to use this personal information in a lawful manner and pursuant to this Nondisclosure Agreement.
In addition to the possible disclosure of personal information specified in this Nondisclosure Agreement, MarineNotes OÜ may also disclose your personal information to the relevant authorities in accordance with the existing legislation in the event of any judicial or other proceedings, and also in order to protect the rights of MarineNotes OÜ provided by law.
Security of Your Data
MarineNotes OÜ shall take all technical and organizational measures to avoid loss, abuse or modification of your personal information. MarineNotes OÜ shall store the information you provide only on its secure servers. The crucial information shall be transmitted only encrypted, using advanced cryptography methods.
Transferring Information between Countries
The information collected by MarineNotes OÜ may be stored, processed and transferred between those countries in which MarineNotes OÜ conducts any activity in order to provide full services under this Nondisclosure Agreement. Additionally, some information that you send for publication on this Website will be shown publicly and will be available worldwide. You shall agree to such transfer of your information between different countries.
Changes in This Document
MarineNotes OÜ may amend this Nondisclosure Agreement by updating this webpage. MarineNotes OÜ shall reserve the right not to inform personally about such changes. We recommend you to periodically review this document to monitor changes.
This Website contains external links to other websites. MarineNotes OÜ shall not bear any responsibility for the confidentiality and other agreements of these sites, as well as for their content.
13.1. General provisions
The purpose of this Policy is to:
ensure that you know what personal data we collect about you, what serves as the basis of this collection, for what reasons we collect and use this data, and who we share it with;
explain how we use the personal data you share with us, to ensure you get the best experience using our website; and
clarify your rights and preferences pertaining to the personal data we gather, as well as the ways in which we protect your privacy.
1) Marinenotes OÜ Reg. 14407254 with its registered office in Harjumaa, Viimsi vald, Kesk-Kaare tee 38, 74020 Estonia (hereinafter referred to as "the Company"), and its subsidiaries comply with the rules of preserving the privacy of natural persons and protect their personal data with due diligence.
4) Within the meaning of this Policy, the term "Customer" means a natural person visiting the Marinenotes OÜ websites and/or using the services provided by the Company or its subsidiaries.
13.2. Collection of personal data
1) In accordance with the Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (hereinafter referred to as GDPR), Marinenotes OÜ is the Data Administrator, and consequently the party responsible for determining the purposes and methods of processing of personal data of customers, potential customers, and other natural persons using the https://www.marinenotes.com website.
2) We process your personal data because it is necessary to perform a contract we sign with you via our website (https://www.marinenotes.com), i.e. to provide a service (compliant with Article 6 (1) (b) of GDPR). Furthermore, we process personal data for the following purposes:
registering you in the ordering system and ensuring proper user service, including providing you with product offers and completing your orders (compliant with Article 6 (1) (b) of GDPR);
possibly contacting you and responding to issues/questions you report in a form (compliant with Article 6 (1) (a) of GDPR);
contacting you and answering questions regarding product offerings you submit in a form (compliant with Article 6 (1) (a) of GDPR);
processing claims and complaints (compliant with Article 6 (1) (c) of GDPR);
pursuing claims related to an insurance contract (compliant with Article 6 (1) (f) of GDPR) where the right to pursue claims is a legitimate interest;
archiving purposes (compliant with Article 6 (1) (c) of GDPR);
statistical purposes (compliant with Article 6 (1) (f) of GDPR) where having statistical information about our activities – enabling us to streamline our business – is a legitimate interest of the Data Controller.
Furthermore, we may process personal data for marketing purposes, i.e. promoting our products and services. If we do this without using electronic means of communication, the legal basis for those activities is Article 6 (1) (f) of GDPR where conducting marketing activities is a legitimate interest of the Data Controller. However, if we use electronic means of communication for this purpose, such as e-mail or phone, then due to other applicable laws we only process personal data after obtaining your consent (compliant with Article 6 (1) (a) of GDPR).
3) Personal data of Customers of the Company is processed and protected in accordance with provisions of the law governing protection of personal data, including but not limited to GDPR and the Personal Data Protection Act. The Company does not transfer, sell, or rent collected personal data to other persons or institutions, except when it is necessary to fulfil obligations under applicable laws or after obtaining a consent to those actions from the data subject. The Company may transfer personal data to third parties in accordance with conditions laid down in applicable laws.
4) When signing up for the service via the registration form, each Customer provides their full name, address of residence, email address, phone number, country of residence, town, postal code, and language preferences. Providing this information is voluntary, however providing full name and address of residence is necessary for the conclusion of a sales agreement with the Company.
5) Each Customer enters a login and a password protecting their service account. Each Customer should keep their login and password safe from unauthorised persons.
13.3. Use of personal data
1) Personal data may be transferred to other parties that will process it on their own behalf, including but not limited to:
parties conducting postal or courier activities;
banks (for undue payment recovery purposes);
government authorities or other entities entitled by law, for the purposes of performing our obligations (tax offices, law enforcement agencies, etc.);
parties managing our IT systems (hosting companies, IT service providers);
parties providing us with legal counsel, accounting, tax, claim collection, and advisory services. 2) Data collected via a Customer directly contacting the Company through the website is used solely for the purposes of communications with that Customer and responding to their queries.
13.4. Rights related to the processing of personal data
1) You have the right to access, correct, and transfer your data, restrict its processing, object to its processing, or withdraw your consent at any time without affecting the lawfulness of processing that was already performed on the basis of consent prior to its withdrawal (if the processing is consent-based).
Moreover, should you decide that our processing breaches the provisions of GDPR, you have the right to submit a complaint to a data protection authority (the Personal Data Protection Office).
13.5. Retention of personal data
We will retain your personal data for the duration of a contract (performance of services) and after its dissolution:
data included in contracts – stored until the limitation period for contract claims (up to 10 years from the date of contract completion);
for the purposes required under applicable law, in particular the obligation to retain accounting documentation, issue invoices, etc.;
warranty and complaint-related documentation shall be stored for 1 year after the expiration of a warranty or clearing a complaint;
data transferred in a contact form – for the limitation period of possible claims (up to 3 years);
data used for marketing purposes:
when processing data on the basis of consent: until withdrawal of such consent or end of marketing activities;
when processing data on the basis of legitimate purposes of Marinenotes OÜ: until submittal of an objection to processing or end of marketing activities.
13.6. Data Protection Officer
1) You can contact the Data Protection Officer on matters concerning the protection of your personal data via email at email@example.com or by sending a letter to our address.
13.7. Data safety
1) The Company and its subsidiaries use appropriate security measures to ensure the collected personal data is safe from un authorised access, alteration, public disclosure, and destruction. Those security measures include both technical solutions included within the service itself, such as e.g. appropriate encryption of data transmitted over the Internet, strict control of physical access to the computers and data storage media containing personal data, and application of and adherence to proper procedures of storing and handling personal data. All persons processing personal data of Customers for purposes related to the Marinenotes OÜ website have appropriate permissions issued by the Data Administrator and undergo regular data protection training.
2) The Company creates backup copies of personal data of its Customers, and may use other similar measures in order to protect that data from accidental damage or destruction. 3) Credit card and online payments are handled by PayPal. Those services are responsible for all data disclosed in their forms, which are also protected with appropriate technical safeguards.
13.8. Data collection via cookies
2) Cookies are used to adjust the Marinenotes OÜ website's contents to preferences of each user. They are also used to generate anonymous statistics that let us understand the ways in which users use our website. This understanding allows us to improve the website's structure and content without personally identifying its users. Cookies also enable analysis of which components of our website are the most interesting to its users.
Cookies can be used during remarketing activities. Ads in the form of an image or text, based on previously saved user preferences, are displayed on other websites to people who have previously visited a given page.
3) You can disable cookies in the options section of your web browser at any time, but doing this may prevent you from using the Marinenotes OÜ website.
By default, web browsing software accepts placing cookies on the end device. However, you can change your web browser settings to block automatic support of cookies, or to inform the user every time a cookie is sent to the device. Information on the support for cookies and available options can be also found in the Settings section of your app (web browser).
Your personal data will be processed in an automated way (including profiling), however this will not cause any legal or other serious repercussions for you.
13.10. Links to external websites
The Marinenotes OÜ website may include links to different websites, provided for the information and convenience of the Customer. The Company is not responsible for any information provided nor Privacy Policies applied by those websites. The Customer should be aware that such websites are separate from the Marinenotes OÜ website, and each time should verify on their own the Policy of each website visited with the use of any such link.
13.11. Final provisions