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REGULATIONS


Regulations of Use of Deepspot Diving Facility

I.      Subject of Regulations; definitions

§ 1. Subject of Regulations

1.    The Regulations define the rules regarding use of the diving Facility under the name Deepspot by its Users and the provision of Services at the Facility.

2.    The rules regarding purchasing the Services, including vouchers entitling to use the Services, via Deepspot Website are regulated in the Website Regulations.

3.    The Regulations are available on www.deepspot.com website and at the reception of the Facility.

4.    Every person staying on the premises of the Facility, and in particular each User using the Multi-zone diving simulator, is obliged to get acquainted with the provisions of the Regulations and comply with them, in particular comply with the provisions of the Regulations regarding safety rules.

§ 2. Definitions

For the purposes of interpreting the Regulations, the following definitions are adopted:

Simulator

means the part of the Facility that constitutes deep multi-zone diving simulator.

Deepspot

means the owner of the Facility, i.e. Aerotunel Spółka z ograniczoną odpowiedzialnością with its registered seat in Warsaw, 00-090, Al. Solidarności 75/26, entered into the National Court Register kept by the District Court for the capital city of Warsaw in Warsaw, 12th Commercial Division of the National Court Register, under KRS number 0000821632, NIP: 5252533508, share capital in the amount of PLN 19,000,000. Contact with Deepspot: e-mail: [email protected], phone: +48 698 626 500.

Freediving

means breath-hold diving.

Facility

means a multi-zone diving simulator, run under the Deepspot brand, located in Mszczonów, ul. Warszawska 52.

Privacy Policy

means the document available on the Website that describes in detail the principles according to which Deepspot processes Users' personal data.

Regulations

mean these Regulations.

Website Regulations

mean the Regulations for the Operation of the Deepspot Website and the Conclusion of Distance Contracts.

GDPR

means Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC.

Website

means the website operated by Deepspot, at www.Deepspot.com.

Scuba diving

means equipment diving using a compressed air cylinder or other gas mixture designed to breathe underwater.

Agreement

means an agreement for the provision of the Service, the conclusion mode of which is described in the Website Regulations.

Service

means a service provided by Deepspot in the Facility, in accordance with the description of individual Services contained in the Website.

Act on Safety

means the Act of August 18, 2011 on the safety of people in water areas.

User

means a natural person actually using the Service.

 

II.    Security of the Facility and the use of the Services

§ 3. Obligations of Deepspot related to ensuring security of the Facility

  1. Deepspot provides appropriate security measures on the premises of the Facility, provided for by applicable law, in particular the Act on Safety.
  2. Ensuring safety on the premises of the Facility consists in particular in:

1)        performing a risk analysis, including identification of places in the Facility where there is a risk to the safety of Users;

2)        posting appropriate markings on the premises of the Facility, including the Simulator, including concerning the rules of using the Facility, depth, restrictions on the use of the Facility and the method of notifying about accidents, including emergency numbers;

3)        providing information aimed at ensuring the safety of Users, as well as raising awareness of the dangers related to diving, including during briefings before using the Service, in the information contained in the Regulations and additional materials, etc.;

4)        ensuring the required number of lifeguards and rescue and auxiliary equipment as well as signaling and warning devices (visual and auditory);

5)        establishing appropriate procedures in the event of incidents related to safety or accidents on the premises of the Facility;

6)        updating procedures and other security measures, if necessary.

§ 4. Users 'obligations related to security

  1. Users of the Facility are required to exercise due diligence to protect their own and other people's life and health and in particular are obliged to:

1)      get acquainted with the rules of using the Facility, in particular with the rules of using the Facility and the Services provided therein, and comply with them;

2)      comply with the mandatory and prohibition signs posted by Deepspot on the premises of the Facility;

3)      follow the instructions provided by Deepspot staff, in particular during briefing before commencement of the Service, as well as instructions of an instructor who is not a member of Deepspot staff and whose services are used by the User;

4)      use the equipment in accordance with its intended purpose and rules of use, and appropriately to the type of activity undertaken;

5)      when using own equipment - ensure that it is technically efficient;

6)      immediately inform lifeguard, instructor or other member of Deepspot staff about the accident or missing diver and about other extraordinary events that may affect the safety of people taking place on the premises of the Facility.

  1. The Users are also obliged to get acquainted and adapt their activity plans to their skills. In particular, there are zones of different depths in the Simulator, each of which is clearly marked. Each User should be aware of the level of his/her skills, experience and, above all, the limitations resulting from the level of permissions (certificates) and is obliged to adapt to them his/her activity, in particular when it comes to diving depth and time spent under water.
  2. It is forbidden to stay on the premises of the Facility, in particular to use the Simulator, under the influence of alcohol or drugs. Deepspot may prohibit entry to the premises of the Facility and refuse to provide the Service, as well as request to leave the Facility by a person whose behavior clearly indicates that he/she is drunk or intoxicated or otherwise poses a threat to safety.
  3. Without prejudice to other provisions of the Regulations concerning orders and prohibitions that may affect safety, any behavior on the part of the User that could adversely affect the safety of such User or other persons staying on the premises of the Facility is prohibited. In particular, it is prohibited to:

a)             bring any dangerous items onto the premises of the Facility, including weapons, sharp Facilitys, flammable materials etc.;

b)             using the Simulator with glasses, jewelry or carrying other items while using the Simulator that are not necessary for diving purposes, in particular sharp, glass Facilitys, etc.;

c)             use of diving or rescue equipment in other way than in accordance with its intended purpose, the principles of safe diving, including those provided for by the appropriate diving organization, or using them contrary to the operating instructions;

d)             jumping into the water or entering the water in a different way than indicated during the briefing.

  1. Moreover, unless it has been expressly agreed with Deepspot, it is forbidden to bring to the Simulator and use:

a)             own diving cylinders;

b)             reabreathers;

c)             water scooters;

d)             cameras and other similar equipment, except for small GoPro cameras;

e)             wetsuits, dry suits and diving boots;

f)              other diving equipment, not provided by Deepspot, except for the following items of equipment belonging to the User:

·       a dive computer;

·       ABC equipment, i.e. fins, snorkel and mask;

·       scuba regulator.

  1. Failure to follow the safety rules may lead to damage, including damage to persons and property, as well as accidents.

§ 5. Conditions of using the facility; health contraindications

1.         The Services, including training services, can only be used by a User who can swim on his/her own and feels comfortable in deep water.

2.         The Services in the Facility may only be used by the User who is in good health, feels well and has no contraindications for diving, in particular:

a)      at the moment of using the Service does not have an infection, such as flu, cold, ear or respiratory infection or any other problem which might in particular impede compensating without obstacles;

b)     has never had the following diseases or problems: asthma, emphysema, tuberculosis, serious diseases of respiratory system, ear diseases or operations, infections or other kind of problems to the sinus, as well as heart or cardio circulatory diseases;

c)      is not under the influence of alcohol, intoxicants, psychoactive substances or any medications;

d)     in the last year did not undergo heart, lung, spine or other surgery (in the case of surgeries performed earlier, the User should consult a doctor before diving);

e)     is not diabetic, has no high cholesterol level, no back disease or hernias, and – in case of women - is not pregnant;

f)       does not have a personal or family history of medical conditions including, especially at a young age: heart attacks or other heart conditions, strokes, high blood pressure, bleeding or problems with blood clotting;

g)      does not suffer from behavioral disorders, claustrophobia, agoraphobia, epilepsy, anxiety, panic attacks, loss of consciousness or fainting, disorders of the nervous system.

3.         In the event of any contraindication, the User should not use the Services, as it may pose a threat to his/her health or even life, unless the User has a medical certificate allowing him/her to dive in such a situation, in which case the User should strictly follow any restrictions or additional conditions prescribed by the doctor.

4.         Deepspot has no possibility or authority to verify the User's health condition, hence the key is to carefully read by the User the contraindications for diving, including those specified in these Regulations and provided for by the diving organization which issued the User's license, as well as to make by the User the appropriate self-assessment of the psychophysical state and - if necessary, including in particular in the event of any health problems - consulting a doctor.

§ 6.  Other prohibitions and orders for safety and hygiene

1.         It is prohibited to:

a)         consume any alcoholic beverages on the premises of the Facility;

b)        eat meals on the premises of the Facility, except for those purchased in the restaurant located in the Facility, in designated areas;

c)         bring to the premises of the Facility and using any psychoactive substances, including drugs, psychotropic substances or so-called 'legal highs';

d)        smoke tobacco on the premises of the Facility, as well as e-cigarettes.

2.         Due to the need to ensure the hygiene of using the Simulator:

a)      it is forbidden to enter the Simulator by people with skin diseases, wounds or dressings (bandages, plasters etc.);

b)     before using the Simulator, the User should wash the skin in the shower, using soap;

c)      it is forbidden to litter and dirty the Facility, in particular the Simulator (including with body fluids);

d)     it is forbidden to enter the Simulator after applying oil, lotion or other similar substance to the skin;

e)     on the premises of the Facility one must wear flip-flops; shoes should be left in the cloakroom at the entrance to the Facility;

f)       Users are not allowed to use their own wetsuits, dry suits and diving shoes;

g)      each User should have own towel and bathing suit (diving without swimwear is prohibited); the use of rush vest clothing is allowed.

III.  Diving in the Simulator

§ 7. Diving licenses

1.         Except for Users who have purchased the service for beginners, i.e. customers who do not have a certificate entitling them to independent diving in the buddy system, the Simulator may only be used by people who have the appropriate diving license issued by one of recognized diving organizations.

2.         In order to ensure safety, Deepspot has the right to ask the User to present a valid diving license/ certificate and to provide information about the date of the last dive. Deepspot has the right to prevent the use of Simulator by the User who for any reason does not meet the above requirements.

3.         Instructors providing any training services on the premises of the Facility must have valid permissions for their implementation, as well as a medical certificate stating that there are no contraindications for professional diving. It is also recommended that the instructor has a third party liability policy covering damages that may be caused by the instructor to Users or Deepspot.

4.         In the case of Users who have purchased the diving training service from an entity other than Deepspot, Deepspot reserves the right to verify the entitlements of such entity. In particular, Deepspot has the right to ask the instructor to present an instructor license and a medical certificate. The above verification, if carried out, constitutes an additional protection of the User's interests, but cannot be treated as the assumption by Deepspot in any scope of the responsibility of the training entity towards the User.

5.         Before using the Service, the User will be asked to sign a statement, the purpose of which is to additionally remind the User of the need to comply with the safety rules and to confirm that the User has no contraindications to diving. Signing the statement is a condition of allowing the User to use the Service. In the statement, the User is obliged to provide true data. The content of the statement is also made available when booking the Service or buying a ticket (voucher) to the Facility, in order to read its content in advance.

6.         During the dive, the User who is a certified diver is obliged to comply with all rules, including all limits, set by the diving organization under which he/she is licensed. This applies in particular to:

a)    allowable immersion depth;

b)    immersion time at various depths;

c)    no-decompression dive limits;

d)    rules for safety stops;

e)    limits of dives in one day;

f)     breaks between dives;

g)    rules for the use of diving equipment;

h)    special requirements for Freediving etc.

7.    In the case of Users who do not have a diving certificate and use the Facility under the supervision of an instructor, they are obliged to follow the rules and guidelines provided by such instructor.

8.    Except for Users who have purchased a diving course or other service from Deepspot conducted by and under the supervision of a Deepspot instructor, Deepspot does not monitor the course of diving of individual Users, including the depth at which the User actually stays, and at which - according to his / her license – the User may be at the maximum. However, Deepspot reserves the right to verify the depth or dive profile of the User, based on data from his/her dive computer. Deepspot also reserves the right to verify the User's pressure gauge in order to verify that the User complies with the obligation to end the dive and leave the Simulator with a reserve of air in the cylinder of not less than 50 bar.

§ 8. Other diving rules applicable in the Facility

1.    Regardless of whether the User's diving license provide for such restrictions or not, i.e. in particular, also in the case of Users who have technical diving licenses, regardless of their type, the following additional rules apply in the Facility, which the User should comply with:

a)      only no-decompression dives are allowed in the Facility, i.e. the User should plan his/her dives in such a way as to avoid the necessity to make a decompression stop or stops (however, if such a stop is necessary, it must be performed);

b)     Deepspot does not allow diving without a partner; every User should dive in the buddy system. If the User does not have a diving partner, he/she can book a diving Service with Deepspot instructor for an additional fee;

c)      for partners with different diving levels or experience, both partners must dive within the limits of the powers and experience of the partner for whom this level is lower;

d)     the User should not do Scuba and Free dives on the same day;

e)     except for Users who do not have a diving certificate and use the service consisting in familiarizing themselves with diving under the supervision of an instructor (services like "First Scuba dive / First Freedive"), each User must have a properly functioning dive computer during the dive, in particular measuring the depth, diving time and the time during which the User can still dive without decompression;

f)       the User - in accordance with the applicable procedures of the diving organization by which the diver is licensed - should stop diving, ascend and exit the Simulator in the event:

·      of the occurrence of any problem under water that cannot be solved immediately by the diver himself/herself, in a manner and according to procedures consistent with the rules of a given diving organization;

·      if the diver is feeling of any kind of discomfort, in particular restlessness, excessive stress, cold or tiredness;

g)      it is forbidden for the User to continue diving if, for any reason, his/her diving partner wants or is obliged to stop diving;

h)     it is forbidden to enter the wreckage of the boat in the Simulator.

2.    Apart from the principles resulting from section 1 above, in the case of Scuba diving, Users shall be also obliged to comply with the following rules:

a)      the User should finish the dive no later than sixty minutes after entering the beach, but in no case later than when the gas pressure in the cylinder is 50 bar. The User should leave the beach to the changing room no later than 15 minutes after the expiry of the above-mentioned sixty-minute period;

b)     there should be a break of at least 1 hour between two dives on a given day;

c)      diving partners are obliged to inform each other during the dive about the level of gas consumption and are obliged to end the dive (for both partners) at the latest when either of them reaches the level referred to in point a) above;

d)     dive partners must remain within close distance of each other throughout the whole dive and maintain eye contact, including in order to be able, if necessary, to provide the partner with the necessary support or to notice and - in such a situation - immediately report to Deepspot staff any case when the partner is missing or the existence of any problem on his/her side that the diver did not solve immediately by himself/herself;

e)     it is compulsory to have two regulators and connect both to a gas cylinder;

f)       before entering the Simulator, it is necessary to check the equipment, including its correct operation, also mutually by the diving partners, in accordance with the rules in force in the diving organization which licensed the diver;

g)      it is forbidden to hold breath at any time while diving.

3.    In addition to the principles resulting from section 1 above, in the case of Freediving, Users shall be also obliged to comply with the following rules:

a)      the User should finish the dive and leave the Simulator no later than ninety minutes after entering the beach by the Simulator and leave the beach to the changing room at the latest after another 15 minutes;

b)     Freedivers are strictly forbidden to enter the caverns/ caves in the Simulator;

c)      Freediving sessions should be performed according to a system that alternates single dives, where one dive buddy remains at the surface to supervise the diving of his/her dive partner;

d)     after the dive, before the next dive, each Free diver must rest on the surface for the time necessary to avoid hypoxia, equal to at least three times the length of the previous dive;

e)     each Freediver is required to signal his/her buddy on the start of the dive ("OK" signal) and the full-consciousness state when ascending;

f)       when diving in the deepest part of the Simulator (45.4 m) and around it (at and near red buoys), the Users must use so-called a lanyard attached to the release rope; it is forbidden to approach the edge of the deepest part of the Simulator (45.4 m) without a lanyard attached to the release rope;

g)      the dive should be stopped immediately in the event of loss of motor control (LMC/ Samba), loss of consciousness, fainting after diving, lung injury (squeeze) and any other problem that may cause temporary or permanent loss of health.

4.     The following rules will also apply to Freedivers:

a)      Freediver who suffers a blackout, LMC, lung injury or enters the cavern, will be required to immediately terminate the diving session and will be prohibited from entering the Facility for the next month from such event;

b)     additionally - in the event of a blackout, LMC or lung injury – another Freedive in the Facility will be possible only on the condition of presenting a current (i.e. issued after the date of the incident) certificate from a diving doctor confirming good health and no contraindications for Freediving;

c)      if the Freediver again experiences one of the above-mentioned injuries or he will dive in the cavern again, he/she will be banned from entering the Facility for life.

  1. Possible exceptions from the principles set out in section 1-3 above (e.g. performing a dive without a partner or a decompression dive) require the express consent of Deepspot.
  2. The Users should also remember and adhere to other safety diving requirements, resulting from the rules of the current knowledge and rules of the diving organization which issued the User's license, including the need to equalize the pressure in the ears, starting from the moment of immersion, throughout the dive, as well as the prohibition of flying for a specified period of time after diving (this period depends on the number, length and depth of dives and should be determined in accordance with the relevant rules).

§ 9. Procedures in the event of an accident or danger

1.    In the event of an accident, incident or any other dangerous situation, the User must immediately notify the lifeguard or other member of Deepspot staff present at the Facility.

2.    In the event of an accident or other emergency, the User must follow the instructions given by Deepspot personel.

§ 10. Basic dive hazards

1.    Diving, in particular deep diving, is an activity that may involve risks, including the risk of health impairment or death, especially if it is performed:

a)      despite health contraindications;

b)     under the influence of alcohol, intoxicants, drugs or other substances or factors influencing the psychophysical state of the User, also such as stress or fatigue;

c)      without due diligence;

d)     contrary to the rules provided for by the appropriate diving organization which issued the User's license;

e)     contrary to other safety rules provided for in the Regulations, applicable law or the principles of diving knowledge;

f)       beyond the User's skills or permissions.

2.    Deepspot also informs and warns that in accordance with the current knowledge about diving:

a)    in connection with diving, the User is exposed to the risks of compression and decompression of the body;

b)   compression can lead to problems related to pressure equalization (which affects the ears, paranasal sinuses, teeth, lungs and intestines) and - especially in the case of incorrect or insufficient pressure equalization - can cause in particular: pain, sinus or ear problems, dizziness or even hearing loss. Most often, these symptoms disappear within a few days, but if the User experiences any problem, he/she should consult a doctor. During the dive, the User should immediately inform the instructor or dive buddy about the problem with pressure equalization;

c)    diving inconsistent with the applicable rules of diving knowledge, in particular, ascending too quickly, may cause so-called decompression sickness (DCS), which, depending on its severity, may result in joint pain, muscle weakness, dizziness, paralysis, hearing loss, vision problems, brain and spine damage, heart attack, stroke, and in extreme cases - even disability or death. In the event of any symptoms of decompression sickness, including joint pain, skin rash or headache, the User should immediately contact a doctor, and if the User is on the premises of the Facility - inform Deepspot staff about it;

d)   further risks could be associated with increased partial pressures of the gases during the dive. In particular, diving below 20-30 meters (depending on the predisposition of a given diver) may cause so-called nitrogen narcosis, which may pose a threat to the User, including a state of euphoria and overconfidence or a feeling of panic, impaired coordination of movements or inability to correctly assess the situation and take the required action, which may lead to an accident. Nitrogen narcosis disappears after surfacing to a safe depth, depending on the sensitivity of a given User to the partial pressure of nitrogen;

e)   the primary hazard that may occur in Freediving is so-called black-out, which is caused by a drop in oxygen partial pressure during ascent or hyperventilation, and can lead to hypoxia, unconsciousness (also without previous symptoms) and drowning. In order to avoid the effects of black-out, it is crucial to scrupulously follow the diving procedures in the partner system.

3.    Diving injuries, in particular decompression sickness, may require treatment in a hyperbaric chamber.

IV. Liability

§ 11. Deepspot's liability

1.    Without prejudice to the detailed rules of liability provided for in the Regulations, Deepspot shall be responsible for the provision of Services on the general principles resulting from the provisions of law.

2.    Except for Users who have purchased a diving course or other service from Deepspot conducted by and under the supervision of Deepspot instructor, including in the case of Users purchasing training from entities other than Deepspot, Deepspot provides only access to the Simulator, including responsibility for the condition of the Facility and maintaining it in accordance with all applicable laws, in particular in terms of safety, but does not provide instructor care, monitoring or other supervision over the course of the dive as part of the Service. To the extent permitted by law, Deepspot is also not responsible for the correctness of the training provided by entities other than Deepspot, including for the safety of Users during their implementation, subject to liability for the safety of the Facility.

3.    To the extent permitted by law, Deepspot is also not liable for damage caused to the User through his/her fault or the fault of third parties, in particular other Users, unless - and to the extent - the damage was caused or contributed by Deepspot or its employees or subcontractors, including if the damage resulted from the unlawful condition of the Facility.

§ 12. Responsibility for rented equipment

1.              The User is obliged to return the rented equipment in the same condition in which it was delivered to the User, however, he/she shall not be responsible for the wear and tear of the equipment as a result of its proper use.

2.              In the event of loss, destruction or damage to the rented equipment, the User will be obliged to cover the related damage suffered by Deepspot on general terms resulting from applicable law, in particular to cover the cost of purchasing similar equipment (in the amount not exceeding the cost of purchasing by Deepspot the lost or damaged equipment), and if the equipment is repairable - the cost of the repair.

§ 13. Storage of users' property while using the Services

1.              Deepspot provides the Users on the premises of the Facility with lockers for the purpose of storing items for the period of using the Services. Users should not leave any of their property outside of the designated lockers.

2.              The lockers are closed using the RFID wristband. The bands should be properly protected and not passed on to third parties.

3.              The lockers should be used to store clothes and items typically taken to recreational facilities, such as payment cards, small sums of cash, but are not intended for storing items of significant value (jewelry, larger sums of money, etc.).

V.   Protection of personal data; monitoring

§ 14. Rules for the processing of personal data

1.              The data controller of Users' personal data is Aerotunel Spółka z ograniczoną odpowiedzialnością with its seat in Warsaw, 00-090, Al. Solidarności 75/26, entered into the National Court Register kept by the District Court for the capital city of Warsaw in Warsaw, XII Commercial Division of the National Court Register under the number 0000821632, NIP: 5252533508, e-mail: [email protected].

2.              Users' personal data will be processed by Deepspot for the purposes necessary to perform the Agreement and provide the Services (Article 6 (1) (b) of the GDPR). In addition, Deepspot may use personal data for purposes resulting from the legitimate interests pursued by the data controller (Article 6 (1) (f) of the GDPR), which may include, in particular, protection against possible claims raised by the User, contacting the Users or marketing of Deepspot services.

3.              For marketing purposes, Deepspot may also process personal data on the basis of a separate consent of the User, to the extent resulting from such consent. Expressing consent is voluntary, and the User may withdraw it at any time, but the withdrawal of consent will not affect the lawfulness of the processing of personal data based on consent before its withdrawal. The User has the right to Facility to the use of his/her personal data for the purposes of marketing of the data controller at any time, including the profiling of his/her personal data.

4.              Due to the fact that the Services may involve a significant risk, in particular in the event of using them despite the existence of health contraindications on the part of the User, Deepspot may collect certain personal data regarding the User's health or his/her habits or way of life that may affect the health or psychophysical abilities of the User. Such data may include so-called special categories of personal data mentioned in Article 9 paragraph 1 of GDPR. The processing of this type of data is related to the care for the User's safety, in particular for the purpose of informing the User about the contraindications related to the use of a given Service and receiving a statement from the User that there are no such contraindications on his/her side or - if they exist - for the purposes of possible further communication with the User, including providing further explanations, verification of any medical certificates and similar purposes related to the efforts to ensure safe use of the Services by Users. Special categories of personal data will only be processed if the User expressly agrees to it.

5.              The recipients of personal data may be entities processing them on behalf of Deepspot, in particular subcontractors that Deepspot uses for the purpose of providing the Services or implementing additional activities related to their provision (e.g. recording and developing diving videos), as well as diving organizations, with which Deepspot cooperates for the purpose of providing the Services.

6.              Without prejudice to section 7 below, the User's personal data will be stored during the performance of the Agreement, and after its expiry - for the period required by applicable law. In particular, if the User has requested an invoice from the data controller, personal data will be stored for a period of five years from the end of the calendar year in which the invoice was issued.

7.              Personal data included in the User's statement will be kept for a period of 3 years from the date of the Service provision. The storage of personal data for the above period is intended to defend Deepspot against possible claims of the User. If the User has lodged a complaint in the above period regarding the provision of Services by Deepspot or if it is justified for other reasons from the point of view of protecting the data controller's interests, the data controller will store the User's personal data until the User's claims against Deepspot expire. In the event of a dispute between Deepspot and the User, personal data will be stored until the dispute is legally resolved and any benefits awarded by a final court judgment or final administrative decision are fulfilled, and, if necessary, until such adjudicated claims are time-barred.

8.              Subject to applicable provisions, data processed on the basis of consent or legitimate interests pursued by the data controller will be deleted immediately after the consent is withdrawn or Facilityion is raised, unless the data controller proves the existence of other grounds for processing, compliant with the GDPR.

9.              In addition, in the event of purchasing the dive video recording Service, the User's image will be recorded in order to provide such Service. Video materials with fixed image of the User, after they are sent or otherwise transferred to the User, will be stored for the period indicated in the description of the Service, but not longer than 3 months from the date of recording, and after this period they will be deleted.

10.          In addition to other rights referred to in this paragraph of the Regulations, the User has the right to request access to his/her personal data, rectification, deletion or limitation of processing, data transfer, the right to Facility and the right to lodge a complaint to the supervisory body. To the extent that personal data are processed on the basis of consent, the User has the right to withdraw it at any time, whereas the withdrawal of consent does not affect the lawfulness of the processing which was carried out on the basis of consent before its withdrawal.

11.          Providing personal data is voluntary, but it is necessary for the implementation of the Agreement with Deepspot and the use of the Service.

12.          To the extent not regulated in the Regulations, the provisions of the Privacy Policy and the provisions of applicable law shall apply to the principles of data processing.

§ 15. Monitoring

1.    On the premises of the Facility, there is a video monitoring system in order to ensure the safety of people staying on the premises of the Facility, as well as to protect the property of these people and the property of Deepspot.

2.    Personal data collected as a result of the monitoring application may be transferred to entities authorized under the provisions of law to obtain access to such data.

3.    The data controller keeps monitoring recordings for a period not longer than 3 months, with the proviso that recordings that may constitute evidence in legal proceedings may be stored longer, until the proceedings are legally terminated. After the expiry of the above periods, the image recordings obtained as a result of monitoring containing personal data shall be destroyed, unless separate provisions provide otherwise. 

VI. Other provisions

§ 16. Changes of Regulations

1.       Deepspot reserves the right to amend the Regulations with effect for the future, if this is due to legal or technical circumstances, including a change in the scope of Services provided by Deepspot, increasing the security of the Services, or if such changes are justified for other reasons.

2.       Deepspot will notify the Users of the proposed amendments to the Regulations by e-mail to the addresses provided by them, no later than 14 days before the planned entry into force of the amended Regulations.

3.       The amended version of the Regulations is binding for the User if he/she did not express any Facilityion before the new version of the Regulations came into force. In the event of such an Facilityion, all Services purchased by the User before the effective date of the new version of the Regulations will be provided in accordance with the current version of the Regulations.

4.       Amendments to the Regulations may also be introduced by consenting by the User to the new version of the Regulations proposed by Deepspot.

§ 17. Final provisions

1.       Disputes arising from the Agreement will be resolved by a competent common court.

2.       If the User and Deepspot give their consent, the dispute may be settled out of court, in particular, the matter may be referred to a permanent consumer arbitration court agreed by the Parties.

3.       In matters not covered by the Regulations, the provisions of Polish law shall apply, including in particular the provisions of the Civil Code, the Act on consumer rights and the Act on Safety.