Omni Regatta Terms of Service

Version 2026-10-13, effective 13 October 2026. This is a translation; the Polish version prevails.

1. Service provider

1. The Omni Regatta service at regatta.osgps.pl and the Race Recorder mobile app are operated by Sergei Gushchin, a sole trader operating as OMNI System Sergei Gushchin, ul. Kazimierza Porębskiego 13/29, 80-180 Gdańsk, Poland, tax ID (NIP) 5833439805, REGON 520401274, entered in the Polish Central Register and Information on Economic Activity (CEIDG) (the "Provider").
2. Contact: support@osgps.pl.
3. These Terms are the terms of electronic services within the meaning of Article 8 of the Polish Act of 18 July 2002 on Providing Services by Electronic Means.

2. Definitions

• Service – the Omni Regatta website together with the Race Recorder app.
• Organizer – a user who creates an account and an organization in the Service to create and manage events.
• Participant – a person who joins an event with a key or QR code, or whose data the Organizer has entered.
• Viewer – a person browsing public events without an account.
• Event – a regatta, race or training session created in the Service.

3. Services

1. The Provider supplies the following electronic services:
   • an Organizer account: creating events, fleets, races and courses; managing entries, trackers and results;
   • recording a Participant's positions from Race Recorder or a hardware tracker and showing them live;
   • race replay, timing, statistics and analysis;
   • public viewing of events the Organizer has marked as public.
2. The services are currently free of charge. Introducing paid services requires a change to these Terms and will not apply to a user without their express consent.
3. The Provider may set limits on free use (for example the number of events or participants per organization).

4. Technical requirements

1. Using the Service requires a device with Internet access and a current browser with JavaScript and browser storage enabled; creating an account requires an email address.
2. Race Recorder requires an Android or iOS phone with a GPS receiver and permission to access location, including in the background.
3. The Service sets no cookies. The data kept in browser storage is described in the Privacy Policy.

5. Concluding and ending the contract

1. The account contract is concluded upon registration, acceptance of these Terms and confirmation of the email address. It is concluded for an indefinite period.
2. The contract with a Participant is concluded upon joining an event and lasts until the Participant stops using the service.
3. Viewing public events requires no account; the contract is concluded when use of the Service begins and ends when the user leaves it.
4. A user may stop using the service at any time and request deletion of the account by writing to support@osgps.pl or by using the functions available in the Service.
5. The Provider may terminate the contract with 14 days' notice and, in the event of a gross breach of these Terms or of the law, block the account with immediate effect.
6. A user who is a consumer may withdraw from the contract within 14 days of concluding it without giving a reason, by sending a statement to the Provider.

6. User obligations

1. Supplying unlawful content, including content infringing third-party rights, and interfering with the operation of the Service are prohibited.
2. Users provide true data and do not share their account with unauthorised persons.
3. The Organizer is responsible for ensuring that:
   • it has a legal basis for entering participant data into the Service and has informed participants about the processing, including public viewing;
   • for minors, it has obtained a parent's or guardian's consent to participation in a tracked event and to publication of the data;
   • the event's visibility and the way participant data is shown are set appropriately.
4. The Organizer shares the event join key only with the event's participants.

7. Event data and its use

1. Tracks, results and derived data recorded in the Service form a regatta archive. The Provider keeps them indefinitely and uses them to analyse manoeuvres, compare races and produce recommendations and statistics.
2. The Organizer and the Participant grant the Provider a free, non-exclusive licence, unlimited in time and territory, to use submitted tracks and content (descriptions, cover images) to the extent needed to provide the services and keep the archive, including making them publicly available in the Service in line with the event settings.
3. The rights of data subjects, including the right to request deletion or anonymisation, are described in the Privacy Policy.

8. Liability

1. The Service is not a safety, navigation or rescue system. Positions may be delayed, inaccurate or unavailable, in particular without network coverage. The Service does not replace the communication and safety equipment required by law, or the Organizer's supervision of participants on the water.
2. Results and times calculated by the Service are auxiliary; the Organizer decides the official results of a regatta.
3. The Provider makes efforts to keep the Service running without interruption but does not guarantee constant availability and may carry out maintenance.
4. Towards users who are not consumers, the Provider's liability is limited to damage caused intentionally. This does not limit the rights of consumers or of sole traders with consumer rights.

9. Complaints

1. Complaints about the Service can be sent to support@osgps.pl or by post to the Provider's address.
2. A complaint should describe the problem and include details allowing contact and identification of the account or event.
3. The Provider replies within 14 days of receiving a complaint.
4. A consumer may use out-of-court complaint and redress procedures, including the assistance of a municipal or district consumer ombudsman.

10. Data processing terms

1. To the extent the Organizer enters personal data of participants or other persons into the Service as their controller, it entrusts the Provider with processing that data under Article 28 GDPR. Accepting these Terms concludes the processing agreement in electronic form.
2. Subject matter and duration: processing in order to provide the Service, for the duration of the account contract.
3. Nature and purpose: recording, storing, organising, presenting and making data available in line with the Organizer's settings.
4. Types of data: full name, gender, boat name, sail number, class, fleet, tracker identifier, location data, results, notes. Special categories of data are not covered; the Organizer does not enter them into the Service.
5. Categories of data subjects: event participants, including minors, and members of the Organizer's organization.
6. The Provider:
   • processes the data only on the Organizer's documented instructions, which are these Terms and the actions performed in the Service;
   • ensures that persons with access to the data are bound by confidentiality;
   • applies the security measures required by Article 32 GDPR;
   • assists the Organizer in responding to data subject requests and in meeting the obligations under Articles 32–36 GDPR;
   • notifies the Organizer of a personal data breach affecting entrusted data without undue delay and no later than within 48 hours;
   • makes available the information needed to demonstrate compliance and allows audits at an agreed time.
7. The Organizer gives general authorisation to engage sub-processors. These currently are: Hetzner Online GmbH (server, Germany) and Prociv Sp. z o.o., ul. Czerniawska 2A/27, 50-576 Wrocław, Poland, NIP 8971776931 (the vh.pl service – email). The Provider will give advance notice of a planned change, and the Organizer may object.
8. Entrusted data is not transferred outside the European Economic Area.
9. When the contract ends, the Provider deletes or returns the entrusted data, as the Organizer decides. This does not apply to data the Provider processes as a separate controller in the track and results archive (section 7), under the Privacy Policy.

11. Final provisions

1. The Provider may change these Terms for important reasons, such as a change in the law or in the scope of services. Account holders will be informed by email or in the Service at least 14 days before the change takes effect; a user who does not accept the changes may terminate the contract.
2. Matters not covered here are governed by Polish law. This does not deprive a consumer of the protection given by the law of the country of their habitual residence.
3. These Terms are available in Polish and English; in case of discrepancies the Polish version prevails.

Contact

OMNI System Sergei Gushchin, ul. Kazimierza Porębskiego 13/29, 80-180 Gdańsk, Poland
NIP 5833439805, REGON 520401274
support@osgps.pl