General Terms of Use

Please read the Wayv General Terms and Conditions (hereinafter only: General Terms and Conditions ) before using the platform and ordering Wayv services.

These general terms and conditions describe the services provided by the Wavy platform and regulate and define the use of the platform and services provided by the operator via the website or mobile application and determine the rights and obligations of registered users and visitors of the platform and participating transport service providers. however, they also define the interrelationships between the operator, carriers and users.

These general terms and conditions apply to both the operator’s mobile applications and the Wayv website.

I. General

About the platform manager

The Wavy platform is accessible via the Wayv.si website with the URL address: Wayv.si, as well as via the Wayv CA and Wayv mobile applications (hereinafter all together: platform or Wayv ).

The platform is managed by the operator:

EMIGMA, multimedia laboratory, d.o.o.
Ankaranska cesta 5 C, 6000 Koper,
registration number: 1623214000,
tax number: SI55593763,
telephone number: 0590 77 320,
Email: info@emigma.com
which carries out its activity at the address Sermin 73 E, 6000 Koper.

About Wayv

The Wayv platform is an online and mobile platform for ordering transport across the Slovenian sea.

The platform offers and maintains a website and a mobile application that allows anyone who creates a user account on the mobile application, which can also be accessed via the Wayv.si website, and accepts these general terms and conditions, to order transport by Slovenian sea (in hereinafter: user ) in a way that directly through the platform (specifically the Wayv Routs mobile application) requires a maritime transport service of a third provider or carriers involved in the project and for this purpose cooperate with the platform operator also: carriers ) and enter into a final transport agreement directly with the carrier.

Wayv only provides a platform through which the carrier can register in the Wayv system and obtain permission from the operator to perform sea transport, and then participate in the implementation of transport through the Wayv CA application; it allows the user to order sea transport via the Wayv Routs mobile application, whereby the user negotiates and concludes separate agreements for the final transport service directly with the transport service providers.

The operator or Wayv therefore offers a platform that makes it easier for users and carriers to order transport by Slovenian sea, and acts only in the role of a service intermediary between the user and the carrier. Each final transport agreement is an agreement exclusively between the user and the selected carrier.

The operator acts as a direct service provider only in part of the services of receiving and processing payments for concluded transport agreements between users and carriers (including support for issuing invoices and receipts for payments through third parties providing fiscalization services on behalf of third service providers), as will be further specified below.

Transportation services are provided or made available under the Wayv brand.

More detailed conditions for the inclusion or cooperation of transport service providers with the operator and for the order of sea transport are presented in the continuation of these general conditions.

You can see a more detailed presentation of the MORSKIPREVOZI project at the following link: www.wayv.si.

Definitions

“Wayv” means the online service MORSKIPREVOZI operated by Emigma d.o.o. or any of its subsidiaries or affiliates.

“Platform” is the online platform Wayv.si and / or the mobile platform Wayv CA and Wayv for ordering transport by Slovenian sea.

“User or Passenger” is a natural person who registers and creates a user account in the Wayv Routs mobile application and accepts these general terms and conditions.

“Platform visitor” is a natural person who does not create a registration or user account on the platform and therefore has only a limited range of services offered by the platform.

“Third parties – service providers – carriers” are independent third parties and include, but are not limited to, independent transport providers, delivery partners or other mobility service providers authorized by the operator to participate in the project maritime transport.

“Third Party Services – Transport Services” includes, but is not limited to, services and products in the fields of transport, shipping, and logistics services provided by independent service providers. These services are provided using applications / online services as set out below.

»TrademarkWayv ” means the Wayv brand, in particular, but not exclusively, Wayv CA and Wayv.

“Wayv names, trademarks or works” means Wayv, as well as company names, trademarks, product or service names, trademarks and service marks, product appearance, other proprietary trademarks or copyrights of Emigma d.o.o. and project partners.

II. General Terms and Conditions of the Platform

Conditions for inclusion / participation of carriers

An independent transport service provider wishing to participate in a maritime transport project and in the provision of services provided by Wayv must submit a request to the operator to join the project or register on the platform by completing an online form available at: www.wayv. si.

Certain personal data must be provided during the registration process, and the legal basis for their collection is the acceptance of these general terms and conditions.

In its registration, the carrier must provide the operator with the following information:

information on the provider / carrier: name of the company or business operator, name and surname of the responsible person, address of the registered office or place of residence, tax number, telephone number and e-mail address,
Vessel details: registration number, vessel name, number of passengers, length, authorization number, insurance number, insurance validity date,
Captain’s details: name, surname, telephone number, e-mail address, certificate of competency number, date of validity of the certificate of competency.

However, in order to successfully register for a project, the carrier must meet the following conditions:

registered activity of transport of persons by sea on AJPES,
Passenger insurance, in addition to economic activity,
inspection of the vessel at the captain for commercial charter; in the case of a vessel over 12 meters in length, the inspection shall be carried out by a classification society,
Appropriate training of boat instructor (captain) – up to 50 passengers, sailor motorcyclist.

The carrier must also prove the fulfillment of all conditions for the performance of maritime transport in accordance with Slovenian maritime legislation and the requirements of the Maritime Administration with a certificate of fulfillment of all conditions or with documentation proving the fulfillment of these conditions.

If the carrier, which has registered on the Wayv.si website in the manner described above, meets all the necessary conditions, the operator grants it a digital permit for inclusion in the Wayv system, which is forwarded to the e-mail address provided by the carrier upon registration, along with a web link to the Wayv CA mobile app and a generated password for the carrier to enter the app and manage their user account. From this point on, the carrier on Wayv acquires the status of “active” and can participate in concluding transactions with users and performing sea transport under the conditions presented below.

The carrier has the right to participate in the project and use the Wayv platform (Wayv.si website and Wayv CA mobile application) in accordance with these general conditions, which must be read and accepted upon registration on Wayv or before / at the same time by submitting a dedicated online form.

Acceptance of these general terms and conditions is also a condition for granting permission to the carrier to join the system, and only by accepting them and in accordance with their terms does the carrier acquire the right to use the Wayv platform and the maritime transport services offered by the platform.

These terms and conditions apply only to the provision of maritime transport services by Slovenian sea, as defined in these general terms and conditions, and do not replace any other user terms and conditions applicable to mobile applications and / or Wayv websites that may have been concluded with carriers separately.

In the event that the carrier does not obtain permission to join the system due to non-compliance, it cannot access the Wayv CA mobile application and cannot participate in the maritime transport project, and consequently these general conditions no longer bind it. For a carrier who has obtained a permit to join the project, these general terms and conditions are binding at all times during the cooperation with the operator.

User registration conditions

To use Wayv services, you need to register and create a user account in the Wayv Routs mobile application. Registration is free.

The user has the right to use Wayv in accordance with these General Terms and Conditions of the Wayv platform, which must be read and accepted before registration or creation of a user account.

Acceptance of these general terms and conditions is a condition for registration, only by accepting them and in accordance with their terms and creating a user account, the user acquires the right to use the Wayv platform and maritime transport services offered by the platform.

These conditions apply only to the provision of maritime transport services by sSea of Sea, as defined in these General Terms and Conditions, and do not replace any other User Terms and Conditions applicable to Mobile Applications and / or Wayv Websites that may have been concluded separately.

Natural persons who can enter into legal transactions without restrictions may register. Minors are allowed to use Wayv services with the consent of their parents or guardians. Any use of the platform confirms that the person is over 18 years of age or that the minor has received consent to use the platform from parents or guardians.

To register, the operator needs the following information: name, surname, e-mail address and telephone number. The user enters the required data into the Wayv mobile application, available at: www.wayv.si . Registration is completed by entering a valid e-mail address and choosing a personal password, which must be kept confidential and must not be disclosed to third parties.

After the user account has been created via the mobile application, the user receives an e-mail confirming receipt of the application or a successfully created user account to the e-mail address provided during registration.

The user account becomes active immediately upon receipt of the confirmation email of successful login.

By registering, the user agrees to receive notifications related to the use of Wayv services via the application or to an e-mail address.

Each registered user allows the use of their data, which they trust at the time of registration, for the needs of the services of this platform, ie. for the ordering and execution of maritime transport and activities related to this service (for example, billing and invoicing) and also for the communication necessary for the provision of transport services.

Using the platform or. the application is voluntary, and the user can delete his user account at any time and stop using the application without being obliged to inform the operator, but notwithstanding, unless these general conditions stipulate otherwise, he is obliged to fulfill the due obligations to operator or service provider – carrier.

User and carrier registration obligations

When registering an account and using the platform, the carrier and the user are obliged to provide complete and correct information.

In the event that the data submitted at the time of registration changes later, the carrier / user is obliged to immediately update this information in his account.

In the event that the operator finds that the data of the carrier / user are inaccurate or untrue, it reserves the right to restrict access to the user account or delete it.

The carrier / user is responsible for ensuring the security of the user account, as well as for all activities on the platform that originate from his user account and are related to it. The carrier / user is obliged to keep the user account data secret and immediately inform the operator about the unauthorized use of the user account, password or other data of the carrier / user (or suspicion of such behavior) by third parties and ensure logout from the platform after each use.

A user account is a personal account. Each carrier / user can only log in to the platform once. Simultaneous registration of more than one user account of the same carrier / user is prohibited, unless the carrier / user obtains the written permission of the operator for the registration of several user accounts.

It is also not allowed to share or transfer the user account to a third party.

If the carrier / user does not comply with these registration obligations, the operator is not liable for any violations or damages.

Access to the platform

Downloading or accessing the Wayv mobile app and / or website is possible on most modern mobile or computer devices with an Internet connection that are equipped with Android or iOS operating systems.

The operator who has obtained permission to join the Wayv system is provided with a link to access the Wayv mobile application by the operator.

The Wayv mobile app and / or websites are available under various Wayv brands.

Unless otherwise agreed in writing, the applications / services of the website are available only in accordance with these general terms and conditions and only for personal, non-commercial use.

The user or carrier or visitor is responsible for access to the network required for the use of the application or online services and for the tariffs and fees of the mobile operator, including the use of mobile data while using the mobile application or online services. They are also responsible for any necessary acquisition of compatible devices and operating systems required to use the application or online services, including hardware and software updates.

The user or carrier is responsible for the lawful use of the platform in accordance with these general terms and conditions and in accordance with the purposes for which the platforma established, and may not use the platform in such a way as to cause any damage to the operator or carriers (user) or users (carrier).

The operator strives for the smooth operation of the platform, but does not assume any responsibility for its smooth use. The operator is not responsible for any damage to computer equipment, mobile phones or other applications that could result from the use of the platform, including those caused by viruses. Also, the operator is not responsible for any damage of any kind that may occur due to the use or inability to use the platform.

Platform Terms of Use

In accordance with these general terms and conditions, the user has the right to order sea transport in the Wayv Routs mobile application, and the carrier can offer and participate in such transport via the Wayv CA mobile application.

In the user account on the platform (mobile application and / or website), the carrier or the user manages his data in accordance with these general terms and conditions.

The user account on the platform is mainly used to identify the carrier / user and the channel through which the user can order sea transport or conclude an agreement with the carrier on the desired transport services.

A registered user wishing to order sea transport submits an inquiry or request for transport via the mobile application, in which he must enter the payment card data, number of passengers, desired boarding location, desired disembarkation location and desired boarding time. Before using some of the services provided by Wayv, it may also be necessary to provide additional information and documents, of which the user will be notified in advance.

In the process of submitting an inquiry, the user provides the payment card information only upon the first request, and all further transport orders can be purchased with the same card without re-entering the card information.

All interested carriers respond to the request received via the platform by carriers that cooperate with the operator or have acquired the status of active carrier, with their offer (time of arrival or pick-up of the passenger at the desired destination and price of services). Service providers or carriers are free to accept or reject received transport requests received through the platform. The user then receives offers from all interested carriers via the platform in his mobile application, from which he chooses one, and the selected carrier is then notified of the acceptance of the offer, which the carrier must finally confirm for the last time. When the agreement has been confirmed by the carrier in this way for the last time, the transport agreement between the user and the carrier is concluded and can no longer be canceled, except under the conditions from the “Cancellation of services” section below.

By concluding a final transport agreement between the user and the selected carrier, a temporary reservation of funds for the performance of the agreed transport service is created on the user’s payment card, which is debited to the user’s account only after the transport is completed.

For the needs of performing the agreed transport service and its billing, the operator only after the confirmed final transport agreement between the user and the carrier provides the selected carrier with the name and surname of the user and his telephone number in addition to the number of passengers and initial and final or desired destinations. This information may be used by the carrier only for the purpose of establishing contact with the user, if the passenger is not at the agreed destination at the agreed time of collection, in order for the carrier to call him and check the status of the agreement. If the passenger does not arrive at the agreed place of collection despite the carrier’s call, the transport is considered completed and the transport costs are borne by the user as if the transport had been performed.

Users and providers of transport services can provide a mutual assessment of the performed service. The ratings of carriers and users will be visible on the platform, which can influence the user’s decision when choosing a carrier and vice versa – when deciding whether to offer a service to an individual user or not.

Limitation of Liability

The agreement or contract on transport services is concluded directly between the service provider and the user in the manner presented above and does not create any contractual relationship between the user and the platform or the platform operator. At this stage, Wayv is only an intermediary providing a platform for concluding a transport agreement between the service provider and the user. Wayv does not provide third party transportation services. All third party service providers are independent contractors – third parties, registered companies or other legal entities that are not employees of Emigma d.o.o., but have been granted permission by the operator to participate in the maritime transport project.

The user and the carrier are responsible for the lawful use of the platform, for the purposes for which the platform is set up and for the accuracy of the information provided in relation to the desired use.roma by agreed transport. The user of the platform must not abuse it to the detriment of the operator or the carrier, and the same applies to the carrier who must not abuse the platform to the detriment of the operator and the user.

The carrier is fully responsible for the obligations related to the performance of the agreed transport and the provision of transport services in accordance with the transport agreement between the carrier and the user.

The operator does not assume any responsibility for the correctness and accuracy of the given request for transport, as well as the responsibility of the operator is excluded regarding the conclusion of a final agreement between the carrier and the user, as well as for the implementation of the transport service and events during transport. The operator is not liable to the user or carrier for damage or loss arising from or in connection with a legal transaction between the user and the service provider, nor for the availability and quality of services of independent transport service providers. Also, the operator does not assume any responsibility for any act or omission of the user, service provider or any third party.

The user and the carrier shall be liable for the damage resulting from the agreed transport transaction between the user and the carrier to the other contracting party in accordance with the general rules on causing damage and liability for damages.

Terms of service

In order to perform the service of the platform, the user shall provide the operator with data on the means of payment upon the first submission of the request for transport.

The reservation of funds and debiting of the user’s account are defined in the section “Terms of use of the platform”.

The service of receiving payments and processing payments (including support for issuing invoices and receipts of payments through third parties providing fiscalization services on behalf of third party service providers) is provided or provided directly by the operator, as described below.

Payments for the provision of transport services are made through the Stripe system. The agreed amount of the service in accordance with the price of the selected carrier, with which the user agreed to accept the offer, after the completion of transport through the said system is received directly by the operator, who sends the user to his e-mail address or mobile application. services.

The invoice received by the user in the manner described above shall be issued by the operator in the name and on behalf of the carrier, at the price set by the carrier.

An invoice issued on behalf of the carrier to the user is also received by the carrier at the selected email address of his user account. The correctness of the issued invoice can be checked by the carrier directly in the platform with an insight into past rides with the agreed values or. prices. Payments for transport services in accordance with the issued invoice will be transferred to the carrier’s account in accordance with the general terms and conditions of the Stripe, and no later than within 14 days of the transaction. The funds transferred will be reduced by the Stripe commission and the processing costs of the platform operator, who will issue a separate invoice to the carrier for its services. In addition to the invoice, the carrier will also receive the described invoice for the performed transportations and payments for services, reduced by the transaction fee and processing costs.

The controller may also provide payment processing services through its branches or third parties who provide these services on its behalf.

In the part of receiving and processing payments for services rendered, Wayv acts as a direct provider of such services and is responsible for the correct billing of services provided and for the transfer of payments to carriers.

a. Liability of the carrier and the user in relation to payment

The carrier is responsible to the user and the operator for the correctly provided information on the price of services set by the carrier.

However, the user is responsible for the payment of the performed transport service and related fees or costs that may be incurred due to the provision of services of carriers and which are required through the user’s account, as explained in more detail above.

The cost of transport services and related fees depends on the use of the services that have been agreed and validated.

In the event that after the performed transport it turns out that during the agreed service due to the user’s actions exceeding the normal use of things, the carrier incurred additional maintenance costs of the vessel as usual after the performed transport, the operator may appropriate evidence, this cost is charged extra to the user. The operator shall not be liable for such cost of the carrier in any case. The invoice for additional costs is issued to the user in the name and on behalf of the carrier.

If the agreed transport service cannot be performed due to the user’s actions, the user is nevertheless responsible for the full payment of the service and all related fees, unless otherwise provided in these general terms and conditions.

Cancel transport services

The user can request their transport without anycancel any costs until the moment of confirmation or conclusion of the final agreement on transport with the carrier and reservation of funds on his transaction account. After this point, the ordered transport service shall be canceled at no cost to the user for justifiable reasons on the part of the user, if the carrier agrees, and must inform the operator. In this case, the operator may charge the user the cost of canceling the service.

If the passenger is not at the agreed destination at the agreed time of collection and does not show up even after an additional call from the carrier, the transport is considered completed and the transport costs are fully borne by the user as if the transport had been performed.

The operator may reject the user’s request for transport and cancel the service if there is reasonable doubt as to the correctness and authenticity of the request or the user’s contact details.

Transport service providers voluntarily decide to accept or reject the received transport request and are not obliged to implement the agreement until a final agreement has been reached between them and the users, as presented in the previous provisions of these general terms and conditions.

Justifications regarding the use of the platform

a. Scope

The platform provides permission to install, view and use the Wayv.si website and Wayv mobile applications exclusively for use and access to the platform for the purposes of ordering and performing transport services in accordance with these general terms and conditions and for personal, non-commercial use only. committed to respecting the copyrights and intellectual property rights that protect any element posted on the Wayv platform.

When using the platform, the distinctive marks of the platform operator, such as trademarks, copyrights and other related rights or other notices contained on the platform, must not be removed.

Any other use of the content of the platform that is contrary to these general terms and conditions is prohibited. Thus, the following are prohibited in particular (and not exclusively): the use of information and content of the platform in any database, compilation, archive or cache, modification, copying, distribution, publication and republishing, transmission, playback and implementation, reproduction, re-use, selling and licensing information, content, programs, products and services obtained on the Wayv platform.

Without the express permission of the platform operator, deep-linking to the platform for any purpose is prohibited, as well as access to the platform via web robots, spiders, extraction software or any other automated process for obtaining information and content of the platform.

It is also forbidden for anyone to:

a) licenses, sublicenses, copies, modifies, distributes, creates, sells, resells, transfers or leases any part of Wayv’s mobile applications and / or websites;

b) analyze by reverse engineering or attempt to obtain the source code of Wayv mobile applications and / or websites, unless permitted by law;

c) run or cause the launch of programs or scripts for the purpose of scraping, indexing, exploring, or otherwise retrieving data that forms any part of mobile applications and / or Wayv sites or data;

d) uses, displays or manipulates any of the Wayv names, tags or misuses them for any purpose other than the use of Wayv mobile applications and / or services;

e) creates or registers

(i) companies
(ii) URLs,
(iii) domain names,
(iv) the names or addresses of the software applications; or
(v) social media names or profiles that contain Wayv names, tags, or works, or any confusing or substantially similar title, label, title, or work;
f) uses the name, mark or work of Emigma d.o.o as the name of the photo or social media background;

g) purchases keywords (including, but not limited to, Google AdWords) that contain any of Wayva’s title, tag, or work; but

h) in any way and for any purpose, apply for registration, reference, use, copying and / or claim ownership of the Wayv title, trademark or part or any confused or substantially similar name, trademark, title or work, independently or in combined with other letters, punctuation, words, symbols, design and / or any creative works.

The operator reserves the right to use all appropriate legal proceedings against violators of obligations under these provisions.

b. Behavior of individuals when using the platform

The use of the platform is subject to applicable national legislation and international regulations and regulations, the use of which is expressly agreed by the individual. Each user of the platform also explicitly agrees:

Complying with national and international regulations governing online practices and permissible content,
that a user under the age of 18 will not post content or otherwise uuse platforms without parental or guardian consent,
not to use the platform for illegal purposes
not to commit any infringements with regard to the platform, its information and content,
not to use the platform for commercial purposes,
not to use the platform for illegal access to other computer systems,
not to interfere with the use of the portal by other users, carriers or visitors,
not use the platform to send chain letters, spam or advertising messages,
not upload web viruses or other malicious software and files to the platform,
not to compromise the security of the Platform, user accounts, passwords, servers, networks, and other data carriers accessible through or connected to the Platform in any way.

Some Wayv services allow users or carriers to publish, upload, download, display and distribute or otherwise submit material to the platform.

By accepting these general terms and conditions, the individual agrees not to publish materials that:

contain vulgar, offensive, hostile or sexually explicit statements, in particular those that are related to personality traits, sexuality, race or religion or that express discrimination, racism or hatred,
contain threats, false, misleading or inaccurate statements and information
contain advertising for third-party services and products,
contain statements promoting political and religious movements or other stakeholders,
fall under copyright and related rights for which the individual does not have the appropriate permission to publish,
have signs of illegal conduct or encourage such conduct,
disclose personal information about minors without the consent of their parents or guardians, or
otherwise conflict with the Terms and Conditions.

Any publication of any material or information on the platform means that:

is the individual owner of the published material,
An individual who is not the owner of the published material has the permission of the owner of the copyright and related rights to publish his material,
the individual allows the platform to use, publish, copy, modify, archive, transmit and reproduce its materials in any form,
Publication of the material complies with the provisions of the General Terms and Conditions.

c. Limitation of Liability of the Platform Operator

In no event is the operator and owner of the platform responsible for the content of user materials located on the platform, nor is it responsible for the content of materials published on the platform by third parties. The operator is not obliged to check the content of user materials, but this right is reserved, and he also has the right to edit and delete materials that contradict the above provisions of the general terms and conditions, without prior notice to the individual.

In case of serious violations of the general conditions, the operator may decide to permanently delete the user account without prior notice to the user or carrier or. to prevent re-access to the website.

The operator reserves the right to use all appropriate legal proceedings against violators of these general terms and conditions or misuse of applications / services of the website.

The user or the carrier is also responsible for the actions of third parties performed through his user account, unless he has acted with all due diligence in securing his account.

Deviation from these general terms and conditions

The user can stop using the platform at any time and consequently withdraw from these general terms and conditions by closing his user account. The deletion of the user account is performed within 30 days from the submitted request. Regardless of this, the user is obliged to fulfill the already due obligations to the operator or service provider – the carrier, unless these general conditions stipulate otherwise.

The carrier may at any time withdraw from participation in the project and these general terms and conditions by a written statement of withdrawal sent to the operator to his e-mail address: wayv@emigma.com and by closing his user account. The withdrawal shall take effect from the moment the operator receives the notification from the carrier. In the event of withdrawal, the carrier is still obliged to implement all concluded transport agreements with users that have been concluded until the moment of termination of these conditions. If the carrier does not do so, the operator shall return to the user the reserved funds for the agreed and not performed transport, and the carrier shall be liable to the operator for the damage caused to him in this regard. The operator has the right to deviate from these conditions in case of established violations of the user’s or carrier’s obligations in accordance with these general terms and conditions or any other agreement between the user or carrier and the operator of Wayv services with prior written notice of withdrawal.to the e-mail address of the user or carrier. In the event that the operator could not charge the user for the agreed transport service with the selected means of payment for which the user provided data, the operator may temporarily deny the user access to the platform until payment is made. By deviating from these general terms and conditions, either by the user or the carrier or by the operator, the user or the carrier no longer has the rights provided by the platform in accordance with these terms and conditions. In the event of outstanding liabilities to the operator or third parties that arose before the termination of these general terms and conditions, they do not terminate with the termination of the terms and conditions, but the user or carrier is fully responsible for them until their final repayment.

Protection of personal data

EMIGMA d.o.o. (portal and personal data controller) is a controller of personal data of Wayv platform users who create a user account on the platform (Wayv.si website and / or Wayv mobile applications), transport service providers, and to a certain extent also a controller of personal data of platform visitors, which do not create a user account.

EMIGMA d.o.o. processes the following personal data of the user, ie. the individual who creates the user account:

user account registration information : first name, last name, phone number, email address, IP address, login name, encrypted password, account creation date,
information on the request for sea transport : name, surname, telephone number, e-mail address, payment or banking information, number of passengers and any other information that would be necessary for the execution of the order,
information regarding the use of the platform and the service performed : information about the order placed, date and time of the service, route, price of the service, method of payment, user data when contacting customer support ratings or compliments from other users, feedback on the service provided, which may include photos or other footage collected by users.

EMIGMA d.o.o. processes the following data of the carrier – service provider:

information on the provider / carrier: name of the company or business operator, name and surname of the responsible person, address of the registered office or place of residence, tax number, telephone number and e-mail address,
Vessel details: registration number, vessel name, number of passengers, length, authorization number, insurance number, insurance validity date,
Captain’s details: name, surname, telephone number, e-mail address, certificate of competency number, date of validity of the certificate of competency.

The processing of personal data of individuals by the controller takes place exclusively on the basis and within the legal basis for the processing of personal data referred to in Article 6 of the General Regulation on Data Protection.

Personal data of users and carriers collected for the purpose of registration and use of the platform and services provided by the platform are processed on the legal basis of the contract or agreement (Article 6 / I point b of the General Data Protection Regulation) and only for the purpose of implementing these general conditions .

Because access to the Wayv website is possible without registration and a user account, the controller manages the personal data of individuals – all who visit or in any way view or. due to the nature of the website access services, it also processes users and carriers on the basis of a legitimate interest (Article 6 / I point f of the General Data Protection Regulation) for the purpose of ensuring the safe operation of the portal, statistics and analytics of visits, website. In this case, the operator monitors the following information that could be used for identification: computer IP address, browser type, domain names, access date and time, and websites visited.

In certain cases, the controller may ask platform visitors and other individuals to give consent (Article 6 / I point a of the General Data Protection Regulation), for example for the purpose of sending news about the news of its services and the services of its business partners. In these cases, the processing of personal data takes place within the framework of the individual’s statement of the permitted scope of personal data, purpose and agreed information channels, until revocation.

Pursuant to Clause 158 / II of ZEKom-1, the operator will send e-newsletters (notifications of general promotions, occasional offers, interesting contents and novelties, etc.) to users and carriers to the e-mail address entrusted to them upon registration, insofar as the user or carrier would not refuse to receive e-news in advance. The user or carrier can also refuse to receive e-news at any time later, upon receipt of each e-mail.

Processing of personal data of visitors (and consequently also users and carriers) of the platform from cookiesi is addressed for consent, except in the part of the processing of personal data which is necessary to ensure the proper functioning of the platform. The processing of personal data with cookies is described in detail at the following link: http://wayv.si/obvestilo-o-piskotkih/</a >.

In addition to the controller, personal data may also be processed on his behalf and for his account by his processors, typically IT support providers for the processing of personal data, and other external users.

For the purpose of implementing the agreement (connection between the requester and the provider) and these general terms and conditions, the operator exchanges certain personal data of users with the selected carrier with whom the transport agreement was concluded, namely: name, surname, telephone number. Until the stage of concluding a final agreement between the user and the carrier, the demand to the carriers is visible only in an anonymised form (initial and final or desired destination, number of passengers). The exchange of such information is necessary in order for the selected carrier to be able to establish contact with the user with whom it has concluded an agreement for the purpose of implementing the concluded transport agreement. In this part, the selected carrier acts as an independent controller of the received personal data.

Personal data of individuals are not exported to third countries.

The controller will process personal data only to the extent necessary to achieve the purposes of processing and as long as this is necessary to achieve the pursued goal. It thus processes personal data until the fulfillment of the purpose or within the limitation periods for obligations that could arise from the processing of such personal data, especially when the processing of personal data is necessary within the conclusion or implementation of an agreement or contract, except in cases where the deadline retention of personal data required by law. In the latter cases, the controller keeps the data in accordance with the legal order.

The controller undertakes that the personal data obtained through the platform will be fully stored, protected and processed by EMIGMA d.o.o. and its personal data processors, who will process them exclusively in the name and on behalf of EMIGMA d.o.o. All personal data obtained will be handled by the controller together with its processors in accordance with the General Regulation on Personal Data Protection and national law.

You can read more about the processing of personal data, including information on how to exercise personal data protection rights, in the Information for individuals at the link http: //wayv.si/politika-zasebnosti/ .

Modification of the General Terms and Conditions

The operator may change these general terms and conditions. The changes will be made available in writing and sent to the e-mail address of users and carriers no later than 30 days before the expected date of their entry into force. It is considered that the user or carrier has agreed to the changes if the operator does not notify the operator in writing before the entry into force that he rejects them, or if the user or carrier does not terminate his user account. If the user or carrier does not agree with the changes, he is entitled to terminate the contractual relationship without notice until the proposed date when the changes will take effect. The user or the carrier shall also notify the operator of the termination of the relationship in writing, to the e-mail address from which he received the proposed changes, or the user shall delete his user account. In the communication proposing changes, the operator will once again draw the attention of users and carriers to the right of withdrawal, the deadline for doing so and the possibility of terminating the contract.

The amended general terms and conditions will be additionally published on the platform (ie the Wayv website and mobile applications).

Final provisions

For all issues that are not regulated in these general terms and conditions, the provisions of the Consumer Protection Act, the Code of Obligations, the Copyright and Related Rights Act, the Intellectual Property Act and other applicable regulations in the Republic of Slovenia or Slovenian law.

Any disputes will be primarily resolved out of court and amicably by the contracting parties. If no agreement is reached, the court in Koper shall have jurisdiction over disputes arising from this contractual relationship.

The invalidity of individual provisions of these General Terms and Conditions does not affect the validity of the remaining provisions, which remain valid and binding. Invalid provisions are replaced by valid ones. The same applies to any waivers of the provisions of these General Terms and Conditions.

These general terms and conditions enter into force on 01.07.2021 and are valid until revoked or. changes.