Privacy Policy

Privacy policy at the Merk&Merk web sites

Merk&Merk d.o.o., Put Jazine 142, Tisno, VAT-ID: HR87104596377 and Merk&Merk Jahte Servis Tribunj d.o.o., Jurjevgradska 2, Tribunj, VAT-ID: HR02419298605 , (hereinafter: Merk&Merk) collects and processes personal data of its business customers and service users (hereinafter: client) and takes measures to ensure that personal data is processed legitimate, fair and transparent.

With this in respect, Merk&Merk may have the role of a controller and /or processing officer of your personal data in accordance with EU Regulation 679/16 the GDPR (The General Data Protection Regulation). With this Privacy Policy Statement we want to inform you, our clients, about the processing of your personal data and how these data are used.

Here you can read about your rights in terms of data processing and how to achieve them. The collecting, processing and use of data shall be carried out in accordance with the GDPR and the terms in this Statement shall have the meaning specified in the GDPR.

 

1. Basic information about Merk&Merk as the controller and/or processing officer

2. How do we collect your data & the legal basis for processing

  • 2.1. Merk&Merk collects personal information directly from you when concluding and executing a mutual agreement, as well as by any prior activities which may lead to concluding/executing a mutual agreement (inquiries, offers, booking requests, order requests and any other queries or requirements related to our products and/or services), by your written or verbal consent, via the Merk&Merk website(s), and indirectly when you want to buy and or use our services or purchasing our products as part of the business cooperation we have with our business partners, or on another legitimate basis. Furthermore, we collect personal information when you make it available to us, for example, by registering as a user of our services or making your profile on our website portal, by filling forms or by sending an email and in similar situations when you choose to provide us with the information.
  • 2.2. Use/purchase of services and goods: When you want to conclude a contract with Merk&Merk, apply for a quote, request a reservation of services/goods and in any case when entering into a contract or business relationship with Merk&Merk, we will need your personal data to provide our services/goods and to answer your request. When quoting for services and/or products, or when entering into a contract with Merk&Merk you will be informed with the type and amount of information that you are required to provide in order for us to fulfil your request or to execute the contract (personal data we collect for this purpose may include your name, personal ID number, company or organization name, address, telephone, email address, driving license/navigation permit, credit card information and other data needed to conduct and execute the contract).
  • 2.3. Use of the web site(s): On our web pages merkandmer.hr, www.yachtservice.hr and www.yachtsales.hr you can browse anonymously, because we do not collect data that would allow identifying you as an individual and you are not obligated to provide us with your personal information. When you use our web site we can store data for various security reasons. Such data may include the name of your internet service provider, the internet site linking you to our site, the website you visited from our site and your IP address. These data could lead to your identification, but we do not use it for that. From time to time we use this data for statistical purposes, but at the same time we ensure anonymity of each user, so that the user can not be identified. By entering personal data into the provided fields on the web site (contact form or opting-in to the newsletter) you confirm that you voluntarily provided your personal information and that you allow it to be used for the purposes for which the data are provided.
  • 2.4. Your consent: Merk&Merk may ask for your consent for processing your data for purposes that are not ultimately linked to the conduction and/or execution of a contract or are not regulatory required, or are not part of your legitimate interest – such purposes may include marketing activities or offering new products and services and similar. You are not obligated to approve such processing, but you are free to do so, and you can withdraw your consent at any time if you wish. The consent request has to be clearly shown so you can distinguish it from other questions as well as written in understandable and easily accessible form, using clear and simple language.
  • 2.5. Processing based on regulatory, legal or other basis: Merk&Merk as a legal entity is subject to legal and regulatory obligations, which may include the obligation to process data for the fulfilment of the legal and regulatory liabilities. In such case, Merk&Merk is obligated to process your data according to these requirements.

3. PURPOSE OF PROCESSING YOUR INFORMATION

  • 3.1. We process and use your data for the purposes for which it was collected and for purpose of fulfilment of legal and regulatory liabilities, for example:
    • For the purpose of executing the contract in which you are a party and for the purpose of requested action prior to the conclusion of the contract (eg. booking an appointment for launching your vessel by travel lift, works on your vessel, vessels details such as ownership data, various serial numbers etc.);
    • For the purpose for which you have given your consent (eg. for the purpose of offering new services and/or products, customer satisfaction testing, etc.);
    • If the processing is necessary for legal and regulatory obligations (eg. accounting records; upon your request delivery of your data to insurance companies if a damaging event has occurred on your vessel or your vessel is part of a damaging event causing damage on another object, etc.);
    • If processing is necessary to protect your key interests.

4. DO WE SHARE YOUR INFORMATION WITH THIRD PARTIES?

  • 4.1. The data we collect from you and about you remain in the our databases. Your data can be delivered to third parties in the following cases:
    • When it is our obligation under the law or in response to legal proceedings or at the request by law enforcement agencies in connection with criminal or judicial proceedings;
    • For the protection of our rights, privacy, security or property, and the public;
    • For administrative or technical support, to ease transactions with you (eg. Providing help or assistance through our partners like help on sea, etc)
    • To analyse our data, processing mobile analytic services or maintain and improve our services (subject to confidentially agreements, if applicable),
    • To seek legal advice and to limit the damage that may be caused to us
    • In other cases with your consent.
  • 4.2. Personal data may be transferred to another legal entity in the event of a transfer, change of ownership, reorganization or merging of the company or part of the company Merk&Merk or its assets.
  • 4.3. We may disclose your personal information to third parties providing services (such as payment service provider in order to collect payment for goods and/or services, or email provide, or service providers within our customer service, insurance companies with whom we have co-operation in terms of financing the purchase of our products and/or services or in case of legal advice as a consequence of a damaging event). These service providers may be in a country that is different from your home country. These service providers are contractually obligated to keep the confidentiality and security of your data. However, your data may be available to government bodies in accordance with applicable laws.
  • 4.4. In cases of data sharing with third parties, Merk&Merek will prohibit these parties from using your personal data for purposes other than contractual and will bind the business partner to maintain confidentiality of your data.

5. Period of storing data

  • 5.1. The period of storage of your data depends on the type/category of data, the purpose for which they were given or collected and the laws or regulatory liabilities that Merk&Merk is subject to. Personal data is kept for as long as required by law or as much is necessary for the requested service to be provided or for the purpose for which you have given your consent, unless the law states otherwise ( for example in connection with judicial proceedings).
  • 5.2. The data relating to the legal and regulatory liabilities of Merk&Merk are stored for the period prescribed by the relevant laws – for example, the obligations and the term of keeping invoices and accounting documents (which contain your data) are prescribed by the Accounting Act.
  • 5.3. Data for which the storage period is not prescribed by law or other regulations shall be stored for a reasonable period, taking into account the category of data and the purpose for which it was collected. Data collected for a particular purpose will only be used for that purpose and after the expiration of a reasonable period of time. Once this purpose is completed they will no longer be actively stored. Anonymised data may continue to be used for statistical and marketing purposes, archiving purposes and other analytical purposes. When submitting your data, you will be informed with the storage period or the criteria that determine the storage time of this data.

6. Your rights in terms of data processing

  • 6.1. In relation to all your personal information stored at our databases, you are entitled to:
    • access your personal data
    • request correction and update of your data
    • request deletion of your data
    • limit the processing
    • file objections on processing and data transferability
    • file a complaint concerning the processing of your data (to the Personal Data Protection Agency AZOP)

all in accordance with the applicable regulations regarding GDPR. If the processing is based on your consent, you have the right at any time to withdraw such consent, with effect from the withdrawal date.

  • 6.2. You can send your request to achieve your rights stated in the previous section to the contact details published in paragraph 1 of this statement. Note that it will be necessary to provide us with the information about yourself in order for us to respond to your request.

7. Are you obligated to provide us with personal information?

  • 7.1. When you require Merk&Merk to provide services, make a request, apply for a quote, enter a particular complaint regarding the contract or execute it, it is necessary to provide us with your personal information for identification purposes and finally to conclude and execute the contract, or for solving your claim or complaint. Therefore, in these situations, your personal information is a legal and contractual obligation.

8. Cookies

  • 8.1. On our websites we apply cookies – text files that are placed on a user`s computer by an internet server that the user uses. Files are generated when a browser on a user`s device loads a visited network destination, then sends data to a browser and creates a text file (cookie). The browser retrieves and sends the file to the file to the network destination (sites, pages) when the user returns to it.
  • 8.2. Cookies are used to operate all features of web pages and provide better user experience. They can be temporary (stored only during web site visits) or permanent (they remain stored on the user`s device even after the visit). Third party cookies are used to obtain statistical information about the visit and how the web pages are used. The data that is collected includes IP addresses, browser data, language, operating system and other standard data that are collected and analysed solely in anonymous and massive form, except for user data. The Merk&Merk websites do not contain any cookies that allow launching programs or set up viruses.
  • 8.3. Our web pages are serving Google Analytics statistics. Cookie policy can be found also on Google Analytics. From time to time we may use other tools similar to Google Analytics to analyse the information about how users use our websites.
  • 8.4. Cookie blocking: If you do not agree with their use, you can easily delete (or prevent) cookies on your device using the browser settings. For more information on managing cookies, visit the pages of the browser you are using. Since the purpose of cookies is to improve and enable the use of our websites and their processes, keep in mind that by preventing or deleting cookies, you may disable functionalities of these features or cause different appearance in your browser.