GENERAL TERMS AND CONDITIONS

Certain terms used in these General Terms and Conditions of Business have the following meanings:

Bracopone is a trading company Bracopone d.o.o., Zagreb, Ul. grada Chicaga 7, personal identification number (OIB): 45873580345, registered in the court register of the Commercial Court in Zagreb under the identification number (MBS): 081320328.

“Client” means and includes any natural or legal person who orders products and services from Bracopone, and who is the payer of invoices issued by Bracopone.

“Services” means products and services developed by Bracopone, including conceptual and/or intellectual solutions owned exclusively by Bracopone.

“Offer” is a form or any other type of document in which Bracopone states the type of service, as well as their prices, which are sent to the Client for approval. For the purposes of these General Terms and Conditions, an e-mail containing all essential elements of the Agreement regarding the subject matter (Service) and the price delivered by Bracopone to the Client, as well as an e-mail delivered by Bracopone, shall be considered an offer.

“Price” means the price of the Services set out in the Offer and/or the Contract. The price also means the price when the Client orders and buys Bracopone Services. It is expressly noted and stated that the value added tax (hereinafter VAT) is not included in the price.

“Contract” means the contract entered between Bracopone and the Client according to which the Client orders and purchases Services for the price specified in the Offer and/or the Contract. In terms of these General Terms and Conditions, the Agreement is considered the written consent of the Client to the offer, if the Offer contains all the essential elements of the Agreement regarding the subject (Services) and the price. By means of the Agreement, the Client orders Services and/or products according to a precisely defined and agreed procedure established by the Agreement.

A “framework agreement” is an agreement between one and/or more clients and one and/or more economic entities, the purpose of which is to determine the conditions under which contracts are awarded during a certain period, especially regarding the price and the expected quantities. In case of conclusion of the Framework Agreement, the Client can separately order the Services on several occasions, and at least twice.

“Confidential information” means the provisions of these General Terms and/or individual contracts, as well as all information and/or data belonging to or relating to one or both contracting parties, their associates, business or business relationships, products, services, suppliers , clients and potential clients, which the other contracting party, its representatives and/or advisers have made available to the contracting party, regardless of whether this was done before or after the date of acceptance of these General Business Terms.

“Force Majeure” means an exceptional event which could not be foreseen at the time of acceptance of the offer and/or conclusion of the contract and which was beyond the reasonable control of either party.

“Working day” means any day of the week except a national holiday or a holiday in the Republic of Croatia.

“Third parties” mean all natural or legal persons except the parties to the Agreement and/or their authorized representatives.

“Authorized postal service provider” is Hrvatska poŇ°ta d.d. or any other authorized postal service provider in accordance with the provisions of the Postal Services Act.

IN GENERAL

ARTICLE 1.

The business conditions are prescribed for the purpose of protecting the rights and obligations of Bracopone and its Clients.

TYPES OF SERVICES

ARTICLE 2.

The services provided by Bracopone are:

  1. photography, which includes all types of photography and photo editing services, as well as photo delivery to the Client,
  2. graphic design, which includes all types of graphic design services, as well as the delivery of solutions to the Client,
  3. videography, which includes content creation, editing and processing of video recordings, and their delivery to the Client,
  4. digital services, which includes setting up and managing profiles on social networks and services, management plan for social networks and services, digital advertising, composing content for social networks and services, setting up and managing profiles on Google and Bing search engines, creating, and maintaining web and internet website, and all activities related to digital and internet marketing,
  5. advertising on radio and television,
  6. event organization, which includes and implies a work plan for event organization, event organization and a report on the organized event.

ARTICLE 3.

Ordering Services is possible in writing by personal delivery or by courier or postal service.

Ordering services is also possible by e-mail, where all necessary information must be submitted. This includes the type of Service, the amount and scope, the date and time the Service is completed, and everything that needs to be done and performed as part of the Service.

ARTICLE 4.

It is not possible to order services by telephone, but specifically by personal delivery, delivery by courier or postal service, or by e-mail.

It is only possible to obtain information related to any type of contact of Bracopone or basic information about the Services offered by Bracopone by phone.

SERVICE PRICES

ARTICLE 5.

Service prices depend on the type of services and the scope of the Services.

Service prices are defined according to the Services price list.

The prices of the Services are shown on the website bracopone.com.

The price list of the Services is available on request from the Client and/or potential clients.

ARTICLE 6.

Service prices can be formed according to the needs and demands of the Client.

Service prices are an integral part of the Contract and/or Agreement between Bracopone and the Client, as well as inquiries and/or offers.

Bracopone is entitled to change the price at any time without prior notice to the Client.

The prices are expressed in the official currency of the Republic of Croatia, namely the euro. When displaying prices, VAT is not included in the price.

VAT is then charged separately and must be stated on the invoice issued by Bracopone, while it is not necessary to state it on the official Offer.

PAYMENT TERMS

ARTICLE 7.

Payment can be made in several ways, including payment via general payment slip, internet and/or digital banking.

In the event of non-payment of the Service, Bracopone has the right to unilaterally terminate the contract and not perform the Service.

Payment can be made before the start of the Service, as an advance according to the offer or after the Service has been performed according to the account.

If Bracopone submits an Offer for the performance of services that must be paid in advance, then the payment is made no later than 14 days before the start of the Service, and Bracopone can determine in what percentage the Client will pay for the Service according to the offer, and what percentage will be paid to the account.

ARTICLE 8.

If the contractual parties have established the Client’s obligation to pay the advance, Bracopone is not obliged and will not start providing Services.

Depending on the type of service, the Company can determine how much advance payment the Client must pay to Bracopone, and it can be in the amount of 25%, 50%, 75% or in full, while the advance amount must be paid by the Client.

When the amount of the advance payment is registered on the business account, Bracopone will start working on the ordered Services.

ARTICLE 9.

Regardless of the Offer issued to the client, Bracopone undertakes and is obliged to issue an invoice to the Client for the Services rendered.

The invoice will show the price of the Service with the associated VAT and the amount and scope of the Service, and if a discount campaign has been agreed or is ongoing, then the discount will also be shown on the invoice.

Unless otherwise agreed, the due date for payment of an invoice, i.e., an invoice issued by Bracopone, is 15 days (in other words: fifteen days) starting from the day and date it was issued.

ARTICLE 10.

If the Client is late in paying the bill, that is, the invoice, Bracopone is entitled to default interest calculated from the due date of the bill to the payment date.

ARTICLE 11.

In the case referred to in Article 10 of the General Business Terms, Bracopone is authorized to terminate the provision of Services completely or partially to the Client during the period when the Client is in default.

ARTICLE 12.

If the contracting parties have established a discount based on the price for a certain payment method, then Bracopone issues an invoice with a discount.

If a discount has been agreed for a certain service, and the Client does not use that payment method, Bracopone has the right to issue an invoice without the discount.

ARTICLE 13.

Bracopone has the right to reimbursement of actual expenses necessary for the provision of Services, as well as reimbursement of transportation and accommodation costs that may arise during the provision of Services.

Reimbursement for transportation costs is calculated in the amount of 0.27 euros for every kilometer traveled. Transportation costs are charged separately.

The relevant costs will be maximally rationalized and previously agreed upon with the Client whenever possible.

ARTICLE 14.

The price will always be related to the official currency, the euro.

PERFORMANCE AND SCOPE OF SERVICES

ARTICLE 15.

Bracopone is committed to providing the agreed and contracted service in the quality and scope as agreed with the Client.

The services must be clearly specified and defined in the Offer, Contract and/or Agreement.

The services are provided for a purpose that is clearly and unequivocally agreed between the contracting parties, and they are not allowed to be used for other purposes.

ARTICLE 16.

Considering the provision from the previous article, the Client is not authorized to use the provided Service to the extent or in a way that is not expressly agreed between the contracting parties.

Otherwise, the Client may be responsible for the damage.

ARTICLE 17.

During the duration of the Agreement or the Agreement, the Client is obliged to act as quickly as possible in accordance with the requirements set by Bracopone, which are necessary for the fast and correct execution of the Services.

If the contractual parties have agreed on deadlines in which it is necessary to take actions and/or submit certain documentation and/or consent for the purpose of the proper execution of the Services, the contractual parties are obliged to fully respect these deadlines, and in the event that the Client does not act within the given deadlines, Bracopone will not be held responsible for possible exceeding of the deadlines set for the execution of the Services.

ARTICLE 18.

Unless otherwise expressly agreed, the Client has no right to open documents or codes. This is considered an additional service that Bracopone is authorized to supply and charge separately.

ARTICLE 19.

To fulfill the obligations under the Agreement, Bracopone is authorized to use the services of its business associates at its choice and discretion, without the necessary consent and/or approval of the Client.

ARTICLE 20.

Bracopone has the right to highlight the Client’s company and/or logo in its references, which includes various presentations, the website, meetings with potential clients and other reference materials.

COPYRIGHTS AND INTELLECTUAL RIGHTS AND USE OF THE SERVICES

ARTICLE 21.

Bracopone retains copyright to all services, content, and material it provides to the Client, including text, visual and audio materials, presentations, databases, programming data and the like.

All conceptual and/or intellectual solutions developed by Bracopone during the provision of services and for the purpose of fulfilling its obligations under the Agreement and/or the Framework Agreement shall also be considered Bracopone’s copyright.

Bracopone reserves the exclusive right to dispose of its copyrighted content and material at its own discretion and according to its own needs. Among other things, this includes publishing the respective content and material on websites, participating in contests with it, sketching the company logo and trademark on the content and material, and the like.

ARTICLE 22.

The client may not modify, lend and/or distribute the work to other persons and/or third parties in any way without the approval of Bracopone.

Any unauthorized use of any content and material that is copyrighted and/or represents any other form of intellectual property of Bracopone, without the express written consent and/or written authorization of Bracopone as the copyright holder, will be considered a violation of copyright and/or other forms intellectual property rights and as a gross violation of the provisions regulated by these General Terms and Conditions and/or the Agreement and/or the Framework Agreement, and will be liable to a lawsuit.

ARTICLE 23.

After the contractual parties have fulfilled their obligations under the Agreement, in particular the obligations regarding the provision of Services and payment of the Price for the Services performed, all copyrights belonging to Bracopone in connection with the Services provided are transferred to the Client, in accordance with the conditions agreed and agreed upon in the Agreement.

If Bracopone provides the Client with several conceptual solutions to choose from during the provision of the Services, and the Client chooses one of the solutions at his own discretion, the other projects and/or solutions will be considered the copyright of Bracopone.

Bracopone reserves the right of exclusive disposal.

ARTICLE 24.

If the subject of the Services includes content and materials owned by third parties, and for their use it is necessary to obtain the prior consent of the third parties and/or pay a certain fee, Bracopone undertakes to take all necessary steps, with the prior consent of the Client, to ensure that the use of the content and of materials provided by Third Parties is completely legal.

If Bracopone pays a fee to Third Parties, the cost of the paid fee is attributed to the Client and is charged separately.

ARTICLE 25.

The client assumes full responsibility for the legality of the use of the content and materials that he has supplied or otherwise provided to Bracopone.

CONFIDENTIALITY AND SECRECY OF DATA

ARTICLE 26.

During the duration of the Agreement, and consequently during the application of the provisions of these General Terms and Conditions, and for the period ending 4 years from the date of its termination, the Contracting Parties undertake to keep the Confidential Information very carefully and in strict confidentiality. Confidential data will be stored as follows:

  1. The contracting parties shall not disclose or in any other way make available Confidential Data and information to third parties, unless they obtain express written consent from the other contracting party for each respective Third Party,
  2. An exception to the provision of the previous point may occur if the Confidential Information must be communicated to the competent authorities, in the procedure provided for by law, or to credit institutions based on their well-founded requests.
  3. In the case from the previous point, the Contracting Party from which the disclosure of Confidential Information is requested is authorized to disclose the relevant data and information to the above-mentioned authorities and institutions with the obligation to take into account the protection of the interests of the Contracting Party whose Confidential Information must be disclosed, and to disclose Confidential Data and information only in the scope required by the competent body and institution,
  4. The contracting parties undertake to use the Confidential Data and information exclusively for the purpose for which they were disclosed and will never directly or indirectly use them for other purposes, especially not for the exploitation of themselves or any third party,
  5. Within 3 (three) working days upon receipt of a written, justified request from the contractual party that owns the data, the contracting parties shall return to the latter all Confidential Information, and Confidential Information that cannot be returned due to its form. destroy or render unusable within the same period, but with the prior consent of the contractual party that owns the data,
  6. If the Confidential Information falls into the hands of unauthorized persons despite all the security measures taken, the contractual party/recipient shall immediately inform the other contractual party/publisher and take all necessary measures to prevent damage to it.

ARTICLE 27.

The contractual parties will take all reasonable efforts to ensure the correct handling of Confidential Information by their employees, representatives and business associates in the manner established by the provisions of this article of the General Terms and Conditions.

ARTICLE 28.

The client confirms that all intellectual solutions, ideas, materials, and other documentation related to the Services and/or arising from the Services belong exclusively to Bracopone, and are not allowed to be used, disclosed, or made available to the public in any other way than in the way specified in the provisions of these General Terms and/or Agreement.

ARTICLE 29.

Unauthorized disclosure of Confidential Data by the Client, contrary to the provisions on confidentiality from this article of the General Terms and Conditions, and without express written consent and/or written approval by Bracopone, will be considered a gross violation of the provisions set forth in these General Terms and Conditions, the Contract and/or the Framework Agreement , and in that case, the Client undertakes to pay Bracopone a contractual penalty in the amount of EUR 30,000.00 (thirty thousand euros) for each individual non-fulfillment of the confidentiality obligation. The contractual penalty is due within 15 (fifteen) days from the day Bracopone submits a written request for payment to the Client.

ASSIGNMENT OF RIGHTS

ARTICLE 30.

It is expressly stated that the Client is not authorized to transfer and/or assign to a Third Party any of his rights specified in the provisions of these General Conditions and/or the Agreement without Bracopone’s written consent.

RESPONSIBILITY

ARTICLE 31.

In terms of the provisions stated in these General Terms and Conditions, the responsibility and duty of Bracopone is limited to the proper fulfillment of obligations arising from the provisions of these General Terms and Conditions, the Contract and/or the Framework Agreement.

ARTICLE 32.

Considering the previous article, it is expressly stated and agreed that Bracopone will not be responsible for the legality of the Client’s business, for his loss of business income or profit, for the content and materials that the Client has made available to Bracopone.

Bracopone will not be responsible for any delay in the fulfillment of obligations caused by non-fulfillment of obligations by the Client or due to force majeure.

ARTICLE 33.

It will be expressly stated that the total liability of Bracopone towards the Client will not exceed the total amount of the contracted price in any case.

DELIVERY DEADLINES

ARTICLE 34.

Bracopone is obliged to deliver the final Service within a maximum of 60 days, all depending on the scope of the service and agreement with the Client.

CANCELLATION OF CONTRACT

ARTICLE 35.

In the case of cancellation of the contract by the Client, the fee for the Services is not refunded.

In the event of illness or death of the client or a family member, then Bracopone will return the fee for the agreed or contracted service.

ARTICLE 36.

Bracopone has the right to cancel the agreed and contracted service in the event of unforeseen situations such as disasters, illnesses, deaths and similar.

ARTICLE 37.

The client and Bracopone will terminate the agreement in writing if this happens.

ARTICLE 38.

In the case from the previous article, the Client undertakes to pay Bracopone for all services performed by Bracopone from the day of acceptance of the Offer, conclusion of the Agreement and/or the framework agreement until the day of termination of the Agreement.

Furthermore, regarding the Services that were not performed due to the termination of the Agreement by the Client, the Client will pay Bracopone 50% of the remaining amount of the Price intended for the Services that should have been performed in the event of regular execution of the Agreement.

ARTICLE 39.

In the event of termination of the Agreement by the Client, the work results resulting from the unfinished Services are protected by copyright and are the sole property of Bracopone.

The same applies when Bracopone terminates the Agreement and/or the Framework Agreement.

ARTICLE 40.

If, after fulfillment of the contractual obligations by Bracopone, the Client refuses to accept the final conceptual solution given by Bracopone, even though it contained all the subsequent instructions and requests of the Client, and Bracopone promptly delivered the Service, the Client undertakes to pay Bracopone the agreed price amount.

ARTICLE 41.

Each contractual party may terminate the Agreement if the other party does not properly fulfill its obligations from the Agreement and/or the Framework Agreement.

ARTICLE 42.

In the case referred to in the previous article, the Contracting Party intending to terminate the Contract is obliged to inform the other party in writing of its non-fulfillment of obligations and to ask it to remedy the omissions within 15 (fifteen) days. If the other Contracting Party does not remedy the deficiencies within that extended period, the first Contracting Party may unilaterally terminate the Contract and/or the Framework Agreement and demand compensation for damages caused by the termination of the Contract and/or the Framework Agreement.

ARTICLE 43.

The contracting parties agree that the provision of the previous paragraph of this article shall not be applied in the event of a breach of the Contract and/or the Framework Agreement for the reasons prescribed by the provisions of these General Terms and Conditions of Business: in this case, the Contract and/or the Framework Agreement shall be deemed to have been terminated upon learning of the breach of the Contract and/or or the Framework Agreement with the appropriate application of the provisions of these General Terms and Conditions of Business.

FORCE MAJOR

ARTICLE 44.

The contracting parties are not responsible for non-fulfilment and/or delay in the fulfillment of obligations from the provisions of these General Terms and Conditions, the Contract and/or the Framework Agreement, caused by reasons or circumstances arising after the acceptance of these General Terms and Conditions and/or the conclusion of the Contract and/or the Framework Agreement which could not have been foreseen, avoided, or removed (force majeure).

ARTICLE 45.

If one of the Contracting Parties considers that the reasons or circumstances from the previous article have occurred, it is obliged to inform the other Party in writing immediately upon learning.

PARTIAL NULLITY

ARTICLE 46.

In the event that one or more provisions of these General Terms and Conditions, the Contract and/or the Framework Agreement are found to be invalid, voidable and/or unenforceable in any way by any competent court, administrative body or any other competent body, such invalid, voidable and/or unenforceable provision will not affect the remaining provisions of these General Terms and Conditions, Contract and/or Framework Agreement which will remain in force and effect.

ARTICLE 47.

For the purpose of correcting these omissions, the invalid, null and/or unenforceable provision of these General Terms and Conditions, the Agreement and/or the Framework Agreement will be replaced by a valid and enforceable provision that is in accordance with the true intentions of the Contracting Parties and which will be as close as possible to the economic purpose of the invalid, invalid and/or unenforceable provisions and the entire Agreement.

SERVICE COMPLAINT

ARTICLE 48.

In the event of dissatisfaction with the service, the Client is obliged to contact Bracopone within 5 working days from the date of receipt of the Service.

Bracopone is obliged to try to eliminate the defects and provide correction.

Bracopone must offer an alternative solution to the problem.

PROTECTION OF PERSONAL DATA

ARTICLE 49.

The contracting parties undertake to protect the personal data that they collect and process for the purpose of executing the Contract and/or the Framework Agreement, and expressly confirm that they will handle it in accordance with the General Data Protection Regulation (hereinafter: GDPR), the Data Protection Act, or other current laws and regulations.

ARTICLE 50.

The contracting parties unanimously agree that the Client participates in data processing as a data controller, and Bracopone participates in data processing as a processor, based on these General Terms and Conditions, the Agreement and/or the Framework Agreement, and according to the GDPR provisions.

ARTICLE 51.

If Bracopone exceptionally participates in data processing as a data controller, the same will be expressly stated in the Contract and/or the Framework Agreement, and Bracopone will be bound by all the provisions of these General Terms and Conditions for data processors.

ARTICLE 52.

In the event of a discrepancy between the provisions of the Agreement and/or the Framework Agreement and the provisions of these General Business Terms and Conditions regarding the processing of personal data, the provisions of the General Business Terms and Conditions shall apply in the parts where personal data processing is regulated.

ARTICLE 53.

By entering into the Agreement and/or Framework Agreement, and consequently by the Client’s agreement with these General Terms and Conditions, the Client authorizes Bracopone to process the personal data of the data subject, regarding the nature and purpose of the processing, which is closely related to the performance of Bracopone’s obligations arising from the Agreement and/or or the framework agreement. Bracopone will maintain the confidentiality of personal data and other information received from the Client and will use them exclusively for the purposes agreed upon in the contract.

ARTICLE 54.

It is expressly stated that the processing of personal data will last only as long as necessary for the execution of the Agreement and/or the Framework Agreement, that is, until the purpose of individual data processing is fulfilled.

ARTICLE 55.

The following types of personal data are subject to processing:

  1. Identification data of the data subject (first and last name of data subject, JMBG/JMBAG),
  2. Personal Identification Number (MB/JMBG, OIB),
  3. address (street, number, city, zip code),
  4. contact details.

ARTICLE 56.

By entering into this Agreement and/or the Framework Agreement and the consequent consent of the Client to these General Terms and Conditions, the Client, as a data controller, will apply appropriate technical and organizational measures to ensure and be able to prove that the processing of personal data based on this Agreement is carried out in accordance with GDPR, and obligates:

  1. Give legal instructions to Bracopone, on a valid and lawful legal basis (lawful data processing) and in accordance with other GDPR principles (purpose limitation, reduction of data volume, accuracy, limitation of data storage, integrity and confidentiality, and reliability),
  2. Take appropriate measures to provide data subjects with all necessary information regarding the collection and processing of their personal data (including information on the identity of the controller, the purpose of data processing, recipients, and categories of recipients as well as other information according to the GDPR),
  3. Responding to data subjects’ requests based on the data subject’s right of access, right to rectification and erasure (“right to be forgotten”), right to restriction of processing, right to transfer and right to object and based on other data subject rights in accordance with the GDPR,
  4. To cooperate with Bracopone in fulfilling their obligations under GDPR.

ARTICLE 57.

In cases where Bracopone is the executor of data processing, Bracopone undertakes:

  1. Process personal data only according to the legal documented instructions of the Client/data controller and only for the purposes specified in the Contract, the Framework Agreement and/or these General Terms and Conditions of Business,
  2. Ensure that the persons authorized to process personal data have committed themselves to respecting confidentiality and that they comply with legal obligations regarding confidentiality,
  3. Take all necessary measures as described in Article 61, Article 62 and Article 63 of these General Terms and Conditions of Use,
  4. Comply with the conditions for the eventual engagement of another data processor as described in detail in Article 59 and Article 60 of these General Terms and Conditions,
  5. Considering the nature of the processing, with appropriate technical and organizational measures, to the extent possible, to help the Client/controller in fulfilling the obligations of the Client/controller in relation to requests to exercise the rights of the data subject, and to inform the Client/data controller of such requests if Bracopone receives the same directly from the data holder,
  6. Assist the Client/data controller in ensuring compliance with the obligations from Articles 32-36 of the GDPR (security of processing, notification of the supervisory authority about the personal data breach, informing the data holder about the personal data breach), assessment of the effects on data security and prior consultations) taking into consideration the nature of the processing and the information available to Bracopone,
  7. Notify the Client/processor, without undue delay, of the violation of personal data after he has been informed of it, and inform him of all the measures taken in connection with it, i.e., of all the proposed planned measures to avoid the negative effects of the violation,
  8. At the request of the Client/data controller, deletion, anonymization or return of all personal data after completion of the service for which the data is required, and deletion of the existing copy unless there is an obligation to store such personal data under European Union law or the law of a member state, in which case Bracopone keeps data confidential and will not actively process them,
  9. Immediately inform the Client/data controller if, in his opinion, a certain instruction conflicts with the provisions of the GDPR or other provisions of the European Union or a member state regarding data protection, or if any of these provisions hinders or may have a particularly negative influence on Bracopone’s behavior, according to the instructions of the Client/data controller,
  10. Upon request, he cooperates with the supervisory authority in fulfilling its tasks.

ARTICLE 58.

In cases where Bracopone is the data processor, it is not authorized to hire another data processor without the prior special or general consent of the Customer/data controller. In the case of general written consent, Bracopone will notify the Client/data controller of all planned changes in connection with the addition or replacement of other data processors, to enable the Client/data processor to file objections to such changes.

ARTICLE 59.

If Bracopone engages another data processor to perform special processing actions on behalf of the Client/data controller, the same obligations specified in the Agreement, these General Terms and other legal acts between Bracopone and the Client, will also apply to the other data processor, in particular the obligation to provide sufficient guarantees for the implementation of technical and organizational measures, in such a way that the processing complies with the requirements arising from the GDPR.

ARTICLE 60.

Considering the latest developments, implementation costs and the nature, scope, context, and purposes of processing as well as the risk of varying probability and severity for the rights and freedoms of natural persons, the Client/data controller and Bracopone/executor of data processing are obliged to cooperate and implement appropriate technical and organizational measures to ensure a level of security commensurate with the risk, including among other things as necessary:

  1. Pseudonymization and encryption of personal information,
  2. Ability to ensure ongoing confidentiality, integrity, availability and resilience of systems and processing services,
  3. Ability to timely establish availability and access to personal data in the event of a physical or technical incident,
  4. The process of regular testing, evaluation, and evaluation of the effectiveness of technical and organizational measures to ensure the security of processing.

ARTICLE 61.

When assessing the appropriate level of security, special consideration will be given to the risks inherent in the processing, of accidental or unlawful destruction, loss, alteration, unauthorized disclosure, or access to personal data transmitted, stored, or processed in another way.

ARTICLE 62.

The contractual parties will take steps to ensure that any natural person acting under the authority of the Client/data controller or Bracopone/data processor, who has access to personal data, does not process the same, if it is not in accordance with the instructions of the Client/data controller, unless he or she is required to do so by Union or Member State law.

ARTICLE 63.

The contracting parties will handle personal data in a manner that ensures their confidentiality, integrity, and availability.

ARTICLE 64.

In no case will Bracopone be held responsible for the behavior of the Client that may conflict with the applicable data protection provisions.

ARTICLE 65.

If Bracopone would be responsible for the violation of provisions related to data protection, based on the provisions of the GDPR, the Data Protection Act, or other valid laws and regulations, for the breach of which the Client is responsible, the Client will compensate Bracopone for all the resulting damages within of 15 days from the date of receipt of the written request to Bracopone.

CHILDREN’S RIGHTS AND CHILDREN’S PROTECTION

ARTICLE 66.

Children are all physical persons under the age of 18 (eighteen).

ARTICLE 67.

Bracopone has the right to include children in performing its Services and will comply with all legal and ethical guidelines that protect children from harmful and inappropriate content.

ARTICLE 68.

To perform any Service, Bracopone needs to obtain written approval from the Client or Third Parties, which will be obtained in writing from the parents and/or guardians.

ARTICLE 69.

Bracopone undertakes to ensure all conditions that the content and material created by Bracopone do not show children in an inappropriate way and/or do not expose them to danger.

Bracopone undertakes that the content and material will be suitable for the age groups for which the content and material is intended according to the Contract and/or Framework Agreement.

In dealing with children in the Services that Bracopone performs, Bracopone undertakes to exercise special care and attention to ensure that children are provided with a safe and healthy environment.

ARTICLE 70.

Bracopone is committed to protecting children’s personal data.

All Personal Data related to children, Bracopone undertakes to be taken care of and stored in a safe place, and to be protected from unauthorized access.

Bracopone undertakes that children will be protected from inappropriate content and materials, as well as content and materials that appear on Bracopone’s digital media, networks, and services.

ARTICLE 71.

Bracopone undertakes to protect children from communication with all parties not involved in the projects, and to protect children from any communication with strangers.

JURISDICTION AND APPLICABLE LAW

ARTICLE 72.

In the event of any disputes between the contracting parties in connection with the application of the provisions of these General Terms and Conditions of Business, concluded Contracts and/or Framework Agreements, including disputes related to the validity of the conclusion of the Contract or its violation or termination, as well as the resulting legal effects, Contractual the parties will try to resolve the dispute amicably or, otherwise, the dispute will be resolved by the competent court in Zagreb.

ARTICLE 73.

The law of the Republic of Croatia applies to relations that arise from the application of the provisions of these General Terms and Conditions, Contracts and/or Framework Agreement.

AMENDMENTS TO THE GENERAL BUSINESS TERMS AND CONDITIONS

ARTICLE 74.

Bracopone reserves the right to change these General Business Conditions at any time and without prior notice.

ARTICLE 75.

Bracopone will publish all amendments and additions to these General Business Terms and Conditions on its official website in accordance with applicable regulations, and they shall enter into force on the date specified in the amendments and additions as the day of their entry into force.

ARTICLE 76.

In the event of a change to these General Terms and Conditions, Bracopone undertakes to inform the Client in writing and/or by e-mail.

ARTICLE 77.

It will be considered that the Client fully agrees with the mentioned changes and additions to the General Business Terms, unless Bracopone is notified in writing of the Client’s disagreement within 15 (fifteen) days from the date of publication of the changes, in accordance with the provision of Article 75 of these General Terms and Conditions conditions of business.

ARTICLE 78.

In case of amendments to these General Business Terms, the new version of the General Business Terms completely replaces all previous versions.

FINAL TERMS

ARTICLE 79.

In the case of concluding a Contract and/or Framework Agreement with the Client, these General Terms and Conditions of Business are an integral part of the Contract and/or Framework Agreement.

ARTICLE 80.

In the event of a discrepancy between the provisions of these General Business Terms and Conditions, the Agreement and/or the Framework Agreement, the provisions of the Agreement and/or the Framework Agreement shall prevail, except in the case of the provision from Article 52 of these General Business Terms and Conditions.

ARTICLE 81.

By concluding the Agreement and/or the Framework Agreement, and then accepting the General Terms and Conditions, the Client accepts the General Terms and Conditions of all platforms that Bracopone uses for the purpose of the proper execution of the Agreement and/or the Framework Agreement.

ARTICLE 82.

These General Conditions are drawn up in Croatian and English. In the event of a disagreement in the application and interpretation of the provisions of these General Terms and Conditions, the Agreement and/or the Framework Agreement, the text of the General Terms and Conditions in the Croatian language is the authoritative text.

ARTICLE 83.

These General Terms and Conditions enter into force and are applied from January 1, 2024.