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GPS ref.

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Privacy agreement

Privacy Agreement We inform you that your are responsible for the information inserted and submitted in this form. Playa Sardinia no profit Association (headquarters at Via P.Dettori,9, Valledoria (SS) Sardinia, Italy), in the name of the legal representative is the owner of the service esailing. Playa Sardinia no profit Association is not responsible for your information, but it only stores and answers, with your information, anyone using the service and asking for information about your service in your area. Data management is organized to respect privacy information, in every step of service, Playa Sardinia no profit Association will deliver the information that you want to communicate to your prospective customers . Esailing and related websites, works to: a) Deliver information on an international platform through operators, customers, and tourists internally and externally to the European Union. b) Use your information to organize promotions, communication activities, and share the offers everywhere. This include the transmission of your data to other operators and users . Your information can be at the disposal of all our resources, responsible for data treatment . The complete list of our responsible personnel can be obtained from our headoffice. As described in the Italian privacy Law art.7 and European directives, the customer has the right to: access its personal data, ask for changes, upgrade or cancellation if not complete, wrong or saved in an illegal way, or opposed to the data treatment with the right motivation, sending a request to : Playa Sardinia no profit Association – Via Paolo Dettori, 9 – 07039 Valledoria (SS) IT . Playa Sardinia no profit Association is responsible for data treatment. Your approval of the privacy agreement is optional, but in case of disapproval Playa Sardinia no profit Association will not be able, by Italian law, to deliver the service for your information. Data management is automatic and obtained by information technology, respecting the laws as per our internal rules. Your data will be stored by Playa Sardinia no profit Association service We inform you that regarding Italian law art. 13 Law 675/96, you can declare all privacy rights for your information. Update 04/12/09

Conditions of a Contract

Conditions of a Contract Art.1 Subject The subject-matter of the present general conditions are the rules which control terms and conditions of the service. E sailing is a communication service of Customer Data, and environment protection project, which is included by the Customer, of his own accord and on his own responsibility. According to the requests of application, Playa Sardinia no profit Association, owner of the service esailing, provides for logging, preservation, promotion and consultation of the Customer Data, as pointed out in the information proposal. Esailing is a service of Playa Sardinia no profit Association, providing a syndication and content provisioning service with a related search engine. The Customer should be fully aware of his responsibilities and accepts that Playa Sardinia no profit Association, by means of esailing, cannot be held responsible for whatever damage maybe suffered by the Customer with regard to the information he himself has declared. Esailing provides the Customer only with the support for filling out the Customer Data on the a form provided for the purpose, which is available on-line. No further assistance is provided by the service. Art.2 Terms and conditions As used in these General Conditions, the following terms must be implemented as set out below, unless otherwise specified: a) Customer: means the individual or legal person who subscribed to the application request. b) Application Request: means the written request completed by the Customer to make use of esailing. c) Information: texts, news, data file, pictures, which can be included in the Customer form. d) Customer Form: includes texts, records, pictures and information about the Customer’s products and services, which he himself submits in order to contact prospective users. e) Username: an alphanumeric code which identifies the Customer; when it is used with the Password, it ensures the Customer access to the private area. f) Password: an alphanumeric code, created by the Customer, which is necessary for access to the private area. g) Private Area: this area is strictly reserved for the Customer to modify or update the information he has provided. h) Additional Services: optional services offered by Playa Sardinia no profit Association, as pointed out in the information proposal. Art. 3 Contractual Details a) The Customer asks for the activation of the service esailing, filling out the application form on the website of esailing. The information given by the Customer is at the disposal of Playa Sardinia no profit Association, to full fill the necessary formalities of esailing. b) The Customer is also responsible for whatever he declares, and for the truthfulness of the information included on the application form. Playa Sardinia no profit Association is free from every prejudical consequence, resulting from incorrect declarations. c) Playa Sardinia no profit Association can decline the proposal and deny the activation of any service if there is a good cause, e.g. the presence of circumstances that endanger the regular course of esailing service. Art. 4 Term and Cancellation of the Contract a) Excepted for trial period as promoted, The standard Contract is valid for one year from the date of activation and is renewed, without communication, unless a cancellation is requested by a communication with return receipt 60 days before the date the Contract expires. b) Playa Sardinia no profit Association can interrupt the service at any time, without notice. But, in case the public authority or private individual should report the Customer’s illegitimate or illegal use of the service; or in case of an utilization of the service contrary to law and to contractual dispositions, by giving the information to the Customer. c) Playa Sardinia no profit Association will not be responsible for loss or liability resulting from suspensions, alterations or interruptions of the service; Playa Sardinia no profit Association will not be held responsible by the Customer for events, directly or not, related to the Customer. Art. 5 Access Codes for the Reserved Area The Customer must ensure that his Username and his Password are kept secret and he must inform esailing of whatever has been disclosed to an unauthorised user or is being used in an unauthorised way. In this case the Customer admits his own responsibility for every consequence and/or damage caused by the wrongful use of the service. In this connection, Playa Sardinia no profit Association may suspend or change the Customer’s Username and Password in the case of an illegitimate or unauthorized use of it. Art. 6 Liabilities for the Contents The Customer: a) provides his sailing club Data on his on-line esailing application form provided by Playa Sardinia no profit Association; b) has the opportunity to modify the information at any time within the reserved area; c) provides true current, complete and accurate information about himself; d) ensures that the information does not contravene the law or rules in force, copyright or licences, or are seen to be offensive, defamatory or obscene in its contents; e) the Customer is the only legal owner of the information included on-line and undertakes to regulate whatever they contain; f) consequently, Playa Sardinia no profit Association is free from all responsibility and obligation of investigation and control and is therefore excluded from all responsibility, in the event of illegal or unauthorized information and contents, published on esailing at total disposal of the Customer; g) the Customer undertakes to relieve Playa Sardinia no profit Association of damages, responsibilities, obligations, expenses and costs and legal costs inclusive, which should be sustained or suffered by the Playa Sardinia no profit Association, as a consequence of every default of the Customer towards obligations and warranties provided in this section or connected to the introduction of the Personal Data on esailing Database, that also happens in the event of compensation for damage required by third parties by any right. Art. 7 Terms of Payment The companies and sailing school, agrees to pay the fee for the service, except for the trial period, that is the amount indicated on the Application Request for the service and in the information with the necessary formalities. They have also the opportunity to use the esailing network by receiving data booking, as per the related agreement . Private individuals can also register for free with esailing to participate in the news letter service promotion by the marketing and promotional campaigns involved in the service. Art. 8 Additional Services The Customer can subscribe to optional services, which are available only following the first agreement, but combined to the main service. The present Agreement also concerns this optional service and it will be integrated with specified conditions connected to the new optional services, even by on-line procedure. The terms of the service are specified each time on-line and in the information material, according to the typology, unless the cancellation is requested. Art. 9 Governing Law and Place of Jurisdiction This Agreement and the parties involved are completely subject to the Italian Law, even if most of the deals are carried out abroad. Sassari – Sardegna – Italy - is the Place of Jurisdiction in the event of any dispute, that is related to the interpretation or completion of the present Contract. Art. 10 Tax Burden Every tax load, due to the execution of the Contract or to any advertising activity, is charged to the Customer. Art. 11 Transfer of a Contract Every transfer of the Contract, including obligations and rights, are subject to a written authorization of Playa Sardinia no profit Association Art. 12 Resolutive Clause According to article 1456 Regulations of the Italian Civil Code, Playa Sardinia no profit Association may consider the cancellation of the Contract with a simple written communication, sent by registered letter with return receipt, in case of breach of the obligations of Clauses 5), 6), 7), 12) above. Playa Sardinia no profit Association. maintains the right to be paid for every supplied service, as well as the right for damages. Art. 13 Privacy a) If the present Agreement has been stipulated outside the legal headquarter place, according to the regulations of Legislative Decree of January 15th 1992, n.50, article 5, the Customer can exercise the right of termination, which must be communicated by a registered letter with return receipt within 7 days from the date of activation, according to n. 4 and subsequent articles of the same Decree 15/92, unless Playa Sardinia no profit Association charges the payment for the activation, costs and taxes, according to the article7, paragraph 2 of the same Decree 15/92. b) Playa Sardinia no profit Association acts in conformity with the current provisions as regards privacy, in order to inform the Customer that the personal Data, useful to the company promotion and provided through esailing to Playa Sardinia no profit Association, will be used to publicize information for promotional and touristic intent, unless a different authorization is requested by the Customer. c) The Customer acknowledges and accepts the presence of the electronic Database and the operating of the service, which is kept by Playa Sardinia no profit Association or by an expressly authorized third party. (Italy). last update: 04/12/09

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