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General terms and conditions of accession to/participation at the Hajduk Family Club

Intraduction

Article 1.

1) The present general terms and conditions of participation at the Hajduk Family Club (hereinafter referred to as General Terms) regulate the conditions under which HNK Hajduk, Split, VIII. Mediteranskih igara (hereinafter referred to as: Hajduk) enables participation in Hajduk's Loyalty Program (hereinafter referred to as: Hajduk Family Club) and the conditions under which Hajduk allows usage of the special application-program for participation in the Hajduk Family Club.

2) The present general terms and conditions apply to the relationship between Hajduk and the user of Hajduk Family Club application-program, and all other relations between Hajduk and the Hajduk Family Club application-program user not regulated by the present General terms and conditions shall be regulated by the applicable regulations of the Republic of Croatia.

3) Hajduk reserves the right to cancel the Hajduk Family Club application-program as well as to terminate the Loyalty program or modify the scope, manner and type of advantages offered by the Hajduk Family Club at any time, without previous notice or explanation.

Family Club application-program user

Article 2.

1) Any physical person can become a user of Hajduk Family Club (hereinafter: Hajduk application-program user) who gives its explicit consent for being registered at the Hajduk Family Club. Each physical person is entitled to only one registration.

2) The Hajduk Family Club application-program is free for use, i.e. no fee is charged for participation at the Hajduk Family Club.

3) The request to activate the Hajduk Family Club virtual card is available only via the application-program, and participation is granted by completing a Virtual Application Form and accepting the present General terms and conditions within the application-program.

4) In order to use the Hajduk Family Club application-program each applicant is required to truthfully and accurately fill out all mandatory information in the Virtual Application Form in order to use the benefits of the HFC. The Applicant is responsible for the accuracy and truthfulness of the information contained in the Virtual Application Form and Hajduk assumes no responsibility for the accuracy and truthfulness of these information.

5) When filling out the Virtual Application Form, an applicant who is a natural person must enter the following data: name, date of birth, address and city of residence, and his email address. Gender related information, Nat. Id. No./OIB, telephone number, number of family members, number of children, and professional qualification are not obligatory and stating them in the virtual application form depends on the will of the Applicant.

6) The Virtual Application Form also contains a statement from the Applicant that they accept the present General Terms and conditions, and before submitting the completed Virtual Application Form for activation, the Applicant shall read these General terms and conditions and agree with them by checking the appropriate field. If the Applicant does not agree with these General Terms and conditions, he shall not be issued a virtual Hajduk Family Club card via his application-program.

7) The Virtual Application Form also contains a statement from the Applicant that they expressly authorize Hajduk to process their personal data for certain purposes, all as further specified in Article 3 of the present General Terms.

8) After the Applicant has filled out the Virtual Application Form as stated in the previous paragraphs of this Article and accepted the General Terms, he sends the Request for activation by clicking on the field provided for it, requiring the delivery of an activation code which will be delivered to him on the stated e-mail address. The delivered activation code is then entered by the Applicant in the provided field and clicking on the application-program completes the registration process. Being assigned his access data: card number and PIN, the applicant becomes the User of the Hajduk Family Club application-program, and the access data are sent to the e-mail address of the application-program User. The application-program user is obliged to protect his access data from unauthorized use by third parties.

9) Hajduk reserves the right to deny the Hajduk application-program User access to Hajduk Family Club application-program if it detects unauthorized use of user information, of which it shall notify Hajduk Application User. If the User of Hajduk application-program detects unauthorized/unlawful use of his access data by a third party, he shall immediately notify Hajduk thereof. The user of Hajduk application-program is responsible for all damage arising from unauthorized/unlawful use of his access data, up to the time of sending Hajduk the notification to the email address specified in Article 10 of these General Terms. The user of Hajduk application-program is obliged to immediately notify Hajduk of the theft and/or loss of access data, in order to prevent possible damage.

Legal relations

Article 3.

1) No business or entrepreneurial relationship is established between Hajduk and the User of Hajduk application-program. Participation at the Hajduk Family Club is carried out solely at one's own responsibility, independently and as an activity legally independent of Hajduk.

2) The Hajduk Family Club application-program user is entitled only to benefits envisaged for the Hajduk Family Club application-program user. The user of Hajduk application-program is not entitled to any other type of compensation. The user of the application-program Hajduk is not entitled to any reimbursement of costs. The user of Hajduk application-program is not authorized to represent Hajduk, especially not to provide or download instructions within the Hajduk Family Club.

Data protection

Article 4.

1) By completing the Virtual Application Form and accepting the General Terms, the User of Hajduk Family Club application-program grants its express consent to Hajduk for the purpose of registration, further processing and using his personal data from the Virtual Application Form for record purposes of the Hajduk Family Club Application-Program Users, enabling them to benefit from it. The user of Hajduk application-program declares that his information provided to Hajduk are correct and that in the event of incorrect information he shall compensate Hajduk for any damage caused and Hajduk shall in no way be held responsible for the above stated.

The information that Hajduk š.d.d. as Data controller collects and processes for the purpose of participating in the Hajduk Family Club on the grounds of User's consent are as follows: Name and surname, gender, address, phone/cell phone number, e-mail address, date of birth. The user of the application-program is aware of the right to revoke the consent at any time and to request the cessation of further processing of the user's the personal data, in which case it is forbidden to further process the stated data. The given Consent is an explicit statement of will of the application-program user expressing their consent to the processing of personal information for the purpose of participating in Hajduk Family Club and for using the benefits arising from it.
By giving his explicit consent, the user acknowledges he is aware of the fact that, for the purpose of exercising his rights to personal data, he has the right to request from the Data controller as follows; access to personal data, correction or deletion of my personal data, restriction of my processing as a respondent, object to the processing of such data, the right to data portability; withdrawal of this approval (consent) if the withdrawal does not affect the lawfulness of the processing based on the consent before it was withdrawn. In case of irregularities which caused infringement of the rights of the application-program User under the current regulation, he has the right to file a complaint with the authorized body.
The user of the application-program has the right to withdraw his consent to use his information in writing at the following e- mail address: zastita.podataka@hajduk.hr, and in the content of the e-mail it is obligatory to indicate which consent he wishes to withdraw.

2) The user of Hajduk application-program shall immediately and without any delay inform Hajduk about any changes to his personal information listed as mandatory on the Virtual Application Form. Hajduk shall not be held liable for any damage that the Applicant or the User of Hajduk application-program might incur as a result of failure to comply with this obligation.

3) Hajduk shall collect, process and store personal and identification information about the Hajduk Family Club application-program Users in accordance with the law, the General Terms and Hajduk’s Privacy and Cookies Policy. Hajduk shall keep this information confidential, using it only for its own purposes, for the purpose of research on the User satisfaction of Hajduk Family Club application-program and for the purpose of enabling the user benefits. Hajduk is authorized to deliver user data to third legal subjects (which have signed an agreement with Hajduk on joining the program) in order to achieve the benefits.

4) If Hajduk receives a revocation of consent for the use of personal information marked as mandatory on the Virtual Application Form or Additional Virtual Application Form because they are necessary for Hajduk to issue a virtual Hajduk Family Club card, identify and communicate with the User of the Hajduk application-program for the purpose of obtaining user benefits, and for the exercise of all rights and obligations arising from participating in Hajduk Family Club, such revocation of consent shall be considered as cancellation of a virtual Hajduk Family Club card issued to the person who revoked the consent for the use of personal information. The legal consequences of the cancellation occur within no later than 48 hours from the date of receipt of the statement of revocation of consent for the use of personal data. The statement of withdrawal of consent shall be sent to the e-mail address under Article 10 of these General Terms and Conditions.

5) If the User of Hajduk application-program, when filling out the Virtual Application Form, ticked the field intended for processing personal information for the purpose of providing information on additional benefits and news regarding Hajduk and its business partners, he has also given permission to Hajduk to process his personal data for marketing or purposes of delivering informative and promotional notices to the entered address, i.e. e-mail address, and at the same time he has given consent to Hajduk to contact him via the stated phone or mobile number, or to inform him through other communication means about new offers and benefits of Hajduk and/or his partners and to directly promote and offer individually designed promotional announcements as well as to advise the Hajduk application-program User on the types of user benefits and the potential for their realization. This consent may be withdrawn by the User of Hajduk application-program at any time by sending a withdrawal of consent to the e-mail address specified in Article 10 of these General Terms and Conditions. The withdrawal shall be registered within 48 hours at the latest.

Issuing an additional Hajduk Family Club virtual card

Article 5.

1) If the User of Hajduk Family Club application-program (Basic Virtual Card User) wants Hajduk to issue additional Hajduk Family Club virtual cards, he may request that they be issued within the Hajduk Family Club application-program.

2) For the purpose of issuing an additional Hajduk Family Club virtual card, the User of Hajduk application-program fills out a request for its issuance (hereinafter referred to as: Additional Virtual Application Form) which shall be submitted to Hajduk via Hajduk Family Club application-program.

3) The user of the Hajduk application-program shall truthfully and entirely fill in all the mandatory information from the Additional Virtual Application form, which is the information described in Article 2 of these General Terms, and enter his own PIN in the provided field, assigned to him at registration. The user of Hajduk application-program is responsible for the accuracy and truthfulness of the information contained in the Additional Virtual Application Form and by submitting it through the Hajduk Family Club application-program he confirms he has the consent of the individual person whose personal information are listed on the Additional Virtual Application Form, for forwarding this personal information to Hajduk and processing them by Hajduk. Hajduk assumes no responsibility as to the veracity and accuracy of the information contained in the Additional Virtual Application Form, nor for any consent regarding the processing of personal data.

4) Upon Hajduk's receipt of the Additional Virtual Application Form, it shall deliver the access information: additional card number and PIN to the e-mail address of the User of Hajduk Basic Virtual Hajduk Family Club Card application.

5) The user of the Hajduk application-program is responsible for communicating the number and PIN of the additional Hajduk Family Club card exclusively to the individual stated on the Additional Virtual Application-program as the holder of the additional virtual Hajduk Family Club card (hereinafter referred to as: the Additional Hajduk application-program User).

6) In order to be able to use the additional virtual Hajduk Family Club card, the Additional Hajduk application-program User must install Hajduk Family Club application-program on his mobile phone and in it, in the provided field “Activate additional card” fill in the information under Item 5 of this Article, which he delivers to Hajduk via Hajduk Family Club application-program and agree to and accept these General Terms.

7) Upon receipt of the information referred to under item 6 of this Article, Hajduk shall, via Hajduk Family Club application-program, allow the Additional Hajduk Application-program User to use the additional virtual Hajduk Family Club Card.

Using the application-program benefits

Article 6.

1) Pursuant to the provisions of these General Terms, the User of Hajduk Family Club application-program benefits from Hajduk Family Club Partner using the application-program. The benefits for the Users of Hajduk application-program are based on contractual terms between Hajduk and Hajduk Family Club Partners. The extent and amount of benefits, as well as the prerequisites for achieving benefits for Hajduk Application-program User vary depending on the Hajduk Family Club Partner. Hajduk enters into agreements with Hajduk Family Club Partners that allow Hajduk to receive benefits for Hajduk application-program users within the Hajduk Family Club application-program. An overview of all current Hajduk Family Club Partners is available via the application-program. Users of Hajduk application-program cannot condition the selection of Hajduk Family Club Partners, i.e. Hajduk selects the Hajduk Family Club Partners autonomously and independently of the Hajduk Application-program User.

2) The user of Hajduk Family Club application-program can obtain benefits: through a QR code or a bar code generated via mobile application-program or a membership card bar code.

3) Use of benefits at the Hajduk Family Club is free of charge, i.e., the Hajduk application-program User/Additional Hajduk application-program User does not pay any fees.

4) Users of Hajduk application-program are advised to stay regularly informed via the application-program on the available benefits with the Hajduk Family Club Partners.

5) The Hajduk Family Club User is not obligated to use the Hajduk Family Club Partner benefits and attract new Hajduk Users or to perform other activities within the Hajduk Family Club.

Limitation of liability

Article 7.

1) The scope of the Hajduk Family Club is limited to the implementation of the Loyalty Program as described in these General Terms.

2) The rights and obligations of the User of Hajduk application-program arising from completed purchases shall be exercised solely with the respective Hajduk Family Club Partner. The purchase and sale agreement for products and/or services is concluded and enters into force solely between the User of Hajduk Application-program and the selected Hajduk Family Club Partner.

3) Hajduk, after concluding a contract with Hajduk Family Club Partner, assumes no responsibility for the services and/or products offered by the Hajduk Family Club Partner.

4) Hajduk shall not be liable for the material and/or legal defects of the Hajduk Family Club Partner's service and/or products. The user of the Hajduk application-program under Hajduk and/or Hajduk Family Club is not entitled to any reimbursement of entire or part of used amount of benefits, cash payments or other type of fee or compensation. Possible requests of Hajduk application-program Users in case of material and/or legal defects of Hajduk Family Club Partner's service and/or products exist exclusively towards Hajduk Family Club Partner.

5) Hajduk is liable for damages only in case of intent or gross negligence. In any event, Hajduk shall not be liable in any event for lost gain, lost profits or non-pecuniary damage of any kind.

6) Hajduk shall be in no way liable for:

7) All of the above also applies to the private liability of employees, legal representatives and assistants of Hajduk.

Termination of participation by the application-program user

Article 8.

1) The Hajduk Application-program User/Additional Hajduk Application-program User has the right to uninstall Hajduk Application-program or delete all his information from the Virtual Application Form, thereby terminating its participation at the Hajduk Family Club.

2) With the termination of participation of the User of Hajduk Application-program, the rights of the Additional User of Hajduk Application-program activated by the Application-program User at the Hajduk Family Club application-program shall also terminate.

3) Participation at the Hajduk Family Club shall be also terminated in the event of cancellation of a virtual Hajduk Family Club card issued to a person who revoked his consent for use of personal data, all pursuant to Article 2 of the General Terms and Conditions.

4) Upon termination of participation at the Hajduk Family Club, all rights of Hajduk Application-program User defined in these General Terms shall become terminated.

Termination / revocation of participation by Hajduk

Article 9.

1) Hajduk may revoke/terminate participation to a specific Hajduk Application-program User/Additional Hajduk Application-program User without stating a reason, with a 3-day notice period or for an important reason with immediate effect (without notice). Important reasons are considered to be the violation of honor and reputation of Hajduk, Hajduk Family Club and/or Hajduk Family Club Partners, causing significant damage to the economic interest of Hajduk, Hajduk Family Club or Hajduk Family Club Partners. Hajduk shall notify the User of Hajduk Application-program on termination of participation by sending a termination statement to the email address of Hajduk Application-program User / Additional Hajduk Application-program User.

2) Participation at the Hajduk Family Club is also terminated if Hajduk denies the User of the application-program access to Hajduk Family Club application-program due to unauthorized use of user data, all under Article 2 of the present General Terms and Conditions.

3) The user of Hajduk application-program agrees to compensate Hajduk for all damages.

Complaints

Article 10.

1) All complaints, queries and suggestions regarding participation at the Hajduk Family Club Program and/or use of Hajduk Family Club application-program and/or virtual Hajduk Family Club cards issued in the application-program shall be submitted to Hajduk at the following email address: family.club@hajduk.hr.

2) Hajduk shall respond to complaints related to participation in Hajduk Family Club Program and/or use of the application-program and/or virtual Hajduk Family Club Card within the time limit prescribed by law, while responding to queries and suggestions within 30 days at the latest from their receipt.

3) All communication to and by Hajduk shall be made in Croatian language and Latin script, regardless of the choice of language of use for the Hajduk Family Club application-program.

Anti-corruption clause

Article 11.

1) The Hajduk Application-program User/Additional Hajduk Application-program User shall comply with all applicable national, European and international rules and applicable Hajduk policies and procedures regarding ethical and appropriate standards of conduct, including, without limitation, those dealing with human rights, environmental protection, sustainable development, integrity, business compliance and anti-corruption.

2) The Hajduk Application-program User/Additional Hajduk Application-program User undertakes, in particular:

3) In order to ensure compliance with the anti-corruption rules while using the Application-program, the User of Hajduk Application-program shall, upon request and at any time of Hajduk, provide all the elements requested to determine such compliance.

Amendments to the general terms

Article 12.

1) Hajduk reserves the right at any time to modify or terminate these General Terms with or without replacement by new General Terms and Conditions, which shall be published on its website and may also be delivered via the Hajduk Family Club application-program.

2) Amendments to these General Terms and Conditions shall be considered accepted by the User of Hajduk Application-program by first using the Virtual Hajduk Family Club Card after modification of these General Terms and Conditions or if the User of Hajduk Application-program does not object to them within 14 days after their publication on Hajduk’s Website.

3) If gender terms are used in the General Terms, then this means both female and male persons as well as legal subjects.

Dispute resolution

Article 13.

1) Hajduk and the User of Hajduk Family Club Application-program shall endeavor to amicably resolve any dispute that might arise from interpretation, application-program or enforcement of these General Terms and Condition.

2) The disputes which cannot be settled amicably shall be settled by the competent court in Split.

Applicable law

Article 14.

1) These General Terms and Conditions shall be interpreted in accordance with the applicable regulations of the Republic of Croatia.

Final provisions

Article 15.

The present General Terms and Conditions apply to all Hajduk Family Club application-program Users.

The present General Terms and Conditions are effective as of August 28, 2019.

HNK Hajduk š.d.d.